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 19, 2011 No. 70 House of Representatives The House was not in session today. Its next meeting will be held on Monday, May 23, 2011, at 2 p.m. Senate THURSDAY, MAY 19, 2011

The Senate met at 10 a.m. and was PLEDGE OF ALLEGIANCE appreciate very much, every day, his called to order by the Honorable TOM The Honorable TOM UDALL led the prayer and the prayer this morning by UDALL, a Senator from the State of Pledge of Allegiance, as follows: our guest Chaplain, which was a very New Mexico. I pledge allegiance to the Flag of the nice prayer, very thoughtful, and out- United States of America, and to the Repub- lines what our country is all about. I PRAYER lic for which it stands, one nation under God, appreciate that very much. The PRESIDING OFFICER. Today’s indivisible, with liberty and justice for all. opening prayer will be offered by Rev. f f Dr. Robert K. Schomp, transitional pastor of Bethany Christian Church in APPOINTMENT OF ACTING SCHEDULE Tulsa, OK. PRESIDENT PRO TEMPORE The guest Chaplain offered the fol- The PRESIDING OFFICER. The Mr. REID. Mr. President, following lowing prayer: clerk will please read a communication any leader remarks, the Senate will be Let us pray. to the Senate from the President pro in morning business until 11 a.m., with God of many names and faiths, we tempore (Mr. INOUYE). the majority controlling the first half praise You for the freedom of religious The legislative clerk read the fol- and the Republicans controlling the expression which allows us to worship lowing letter: final half. At 11 a.m., the Senate will You in the temples, mosques, syna- U.S. SENATE, be in executive session to consider the gogues, and churches of our Nation. To PRESIDENT PRO TEMPORE, nomination of Goodwin Liu to be a You belong all realms, all power, and Washington, DC, May 19, 2011. U.S. circuit judge for the Ninth Cir- all glory. Yet in this Nation of immi- To the Senate: cuit, with the time until 2 p.m. equally grants, the United States of America, Under the provisions of rule I, paragraph 3, divided and controlled. At about 2 p.m., You have given us the freedom to es- of the Standing Rules of the Senate, I hereby there will be a rollcall vote on the mo- tablish our own government in order to appoint the Honorable TOM UDALL, a Senator from the State of New Mexico, to perform tion to invoke cloture on the Liu nomi- defend and oversee the rights and wel- the duties of the Chair. nation. fare of our citizens. DANIEL K. INOUYE, Today, we pray for this august body, President pro tempore. f the U.S. Senate, whom we the people Mr. UDALL of New Mexico thereupon have chosen to share in the leadership assumed the chair as Acting President MEASURE PLACED ON THE of our country. We pray for Your as- pro tempore. sistance for these privileged women CALENDAR—S. 1022 and men. Bless them with the stamina, f Mr. REID. Mr. President, S. 1022 is at the toughness, and the integrity to RECOGNITION OF THE MAJORITY the desk and is due for a second read- fight for what is right and honorable in LEADER ing. Your sight. Instill in them the desire The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- for unity within diversity, the will to pore. The majority leader is recog- pore. The clerk will read the title of overcome racism and bigotry, the cour- nized. the bill for the second time. age to break down dividing walls of f hostility, the ability to hear and re- The legislative clerk read as follows: spect the voices of those who disagree WELCOMING THE GUEST CHAPLAIN A bill (S. 1022) to extend expiring provi- with them, and the determination to sions of the USA PATRIOT Improvement work with each other for justice, free- Mr. REID. Mr. President, I see our es- and Reauthorization Act of 2005 and the In- dom, and peace. Amen. teemed Chaplain in the Chamber. We telligence Reform and Terrorism Prevention

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

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VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3120 CONGRESSIONAL RECORD — SENATE May 19, 2011 Act of 2004 until December 31, 2014, and for I ask my good friend, the Senator even put up a budget. They have not other purposes. from Utah, the ranking Republican on done that in the last couple of years. Mr. REID. Mr. President, I object to the Finance Committee, my former Without a budget, we don’t have any- any further proceedings with respect to chairman in the Judiciary Committee, thing to debate and analyze. this bill. if the American people were polled, Mr. SESSIONS. I ask Senator HATCH, The ACTING PRESIDENT pro tem- how many does the Senator think for the people who may not under- pore. Objection is heard. would say the Senate should not pass a stand, it is the chairman’s responsi- The bill will be placed on the cal- budget? bility to call a hearing and to begin a endar. Mr. HATCH. That is a good question. markup, and the minority is not able Mr. REID. Mr. President, will the The distinguished ranking member of to call the committee into effect. So Chair announce morning business, the Budget Committee has asked a fun- we do have to look to the chairman, please. damental question. The answer, to me, and probably the chairman would oper- and I think everybody else, is as clear ate in relation to the majority leader f as a bell: The American people over- to call the committee into session; is RESERVATION OF LEADER TIME whelmingly expect the Senate to do that right? Mr. HATCH. There is no question The ACTING PRESIDENT pro tem- the people’s business. First, we have to about it. The chairman has the respon- pore. Under the previous order, the get our fiscal house in order. The sibility for holding hearings that lead leadership time is reserved. House has taken the first step. The folks in Utah have dealt with their up to a budget resolution, the struc- f family budgets, business budgets, and ture of the budget resolution, in ac- MORNING BUSINESS government budgets, and they rightly cordance with his party’s belief, it ask that the Senate do exactly the seems to me, and then bringing it up in The ACTING PRESIDENT pro tem- committee where both sides can argue pore. Under the previous order, the same. Mr. SESSIONS. One reason it is so about it and both sides have the right Senate will be in a period of morning important to have an honest, open to amend and improve it. Then they business until 11 a.m., with Senators budget process is that budgets are so can bring it to the Senate floor. But permitted to speak therein for up to 10 easy to manipulate and spend. The they don’t do that. Then they wonder minutes each, with the time equally di- President, in proposing a budget some- why we are in such fiscal difficulties. vided and controlled between the two time ago, said his budget called on I know the distinguished Senator leaders or their designees, with the ma- America to live within its means and from Alabama understands this fully as jority controlling the first half and the ‘‘not add more to the debt.’’ That was the ranking member on the Budget Republicans controlling the final half. the President’s own statement. In fact, Committee. Having also been chairman Mr. REID. I suggest the absence of a his budget doubles the debt in 10 years, of the Judiciary Committee, frankly, I quorum. am concerned about it—and I think ev- producing annual deficits each year, The ACTING PRESIDENT pro tem- erybody is concerned—because they the lowest of which never once fell pore. The clerk will call the roll. don’t want to come up with a budget, below $748 billion. In fact, that would The legislative clerk proceeded to and there may be invalid reasons for average almost $1 trillion a year and call the roll. that. nowhere close to balancing. Mr. SESSIONS. The budget is fun- Mr. SESSIONS. Mr. President, I ask The CBO found numerous gimmicks damentally a plan, a vision for the fi- unanimous consent that the order for when they analyzed the President’s nancial future of America. It is as- the quorum call be rescinded. plan. They found that it contained an- tounding that the party in the major- The ACTING PRESIDENT pro tem- other $2.3 trillion in deficits. It in- ity is not even prepared to say to the pore. Without objection, it is so or- creased the deficit. The President de- dered. American people—— livered a speech promising $4 trillion in Mr. HATCH. Will the Senator yield? Mr. SESSIONS. Mr. President, I ask savings over 12 years. After his budget unanimous consent that Senator Mr. SESSIONS. Yes. was ill-received by objective com- Mr. HATCH. There is nothing more HATCH and I be able to speak in a col- mentators all over the country, edi- important in our lives now than com- loquy. torial boards, and in Congress, he made The ACTING PRESIDENT pro tem- ing up with a budget that would put us a speech and he promised $4 trillion in on a downward trend for spending. We pore. Without objection, it is so or- savings over 12 years. But the com- are spending around 69 percent of the dered. mittee analysts on our staff revealed GDP. Our national debt of $14.3 trillion f that this so-called framework actually is 90 percent of the GDP. We are headed worsens the budget in relation to the THE BUDGET toward 90 percent of GDP of spending. CBO baseline. If we get there, this country will have Mr. SESSIONS. Mr. President, the Does the Senator from Utah believe difficulties that will be difficult to Congressional Budget Act requires that the White House and the Democratic overcome. That is where we are headed, Congress pass a budget by April 15. The leaders in the Senate should produce especially if we don’t have a budget to Republican House has passed its budg- an honest, concrete, fact-based budget debate on the floor of the Senate. et. They stated their financial vision on which we can rely? Mr. SESSIONS. I couldn’t agree for the future in America. The Demo- Mr. HATCH. I sure do. They actually more. When the President submitted cratic Senate, however, has not passed worsen the deficit by $2.2 trillion in re- his budget, Mr. Erskine Bowles, whom a budget in 750 days. It has been 750 lation to the CBO baseline. the President asked to chair the fiscal days since we have had a budget that Until one sees the numbers in black commission that was supposed to come passed the Senate. This year they and white, the budget is just talk. up with a plan to help us get out of this haven’t even brought a budget forward Democrats and Republicans have an fix, said the President’s budget is no- to committee to begin to mark up a obligation to produce fiscal blueprints where close to what is necessary to budget as specifically required by the in an intellectually honest, complete, avoid our fiscal nightmare. That is same statute. They have not even put and transparent fashion. The majority, what the co-chair of the President’s forward a plan. the Democrats, have the responsibility commission said. The Democrats control the Senate. to take the first step, and the Repub- So now we are looking to Congress. They campaigned for the majority and, licans have a responsibility to convey That is the President’s proposal, but as my wife says to me when I complain: our fiscal blueprint through debate and the Senate has to move forward a pro- You asked for the job. So we have the amendments. That is the way this tra- posal. We cannot even go to conference largest economy on Earth, and we are ditionally has always been done. As the and begin to work out a budget that in the middle of a fiscal crisis. For the distinguished ranking member indi- both Houses can agree on until the majority party to skip work on the Na- cated, our side is ready to engage in Senate moves a budget forward. tion’s budget is not something to be this important debate and process, but Mr. HATCH. That is right. I think taken lightly. it is hard to do it when they would not the distinguished chairman of the

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3121 Budget Committee, Senator CONRAD, reason we need to engage in the budget our current fiscal calamity. In the wants to do it. But in their caucus they process in the committee, and I have to most recent fiscal year, spending hit, cannot get together because they all say that I am appreciative of my as I said, over 25 percent of GDP. That want to spend and tax more. They want friend’s leadership on that committee. figure is easily more than 20 percent to keep spending and taxing the way He will have to lead our side, but it is above the historical average. they have in the past. It is clear we hard to lead when you don’t have any- It is unbelievable we are spending cannot keep doing that. thing to lead on. that much. Spending is fueling the Mr. SESSIONS. I agree. As a matter Mr. SESSIONS. Well, we cannot even deficits we are facing. The President’s of fact, we have heard reports that the have a discussion if a budget isn’t budget reaches into the American peo- Democratic caucus is debating a budg- brought up. ple’s pocketbooks with taxes trending et in closed door caucus meetings, and I just had occasion to meet with the at or near historic highs in an anemic they have done that at least twice. Finance Minister from Canada, and he effort to close the gap. The other side This is now 6 weeks after the com- told me they are bringing their cor- of the ledger, spending, is not dented. mittee deadline to bring forward a porate tax rate down to 15 percent or It remains far above any reasonable budget has passed. below. We are at 35 percent. We have historic average. Nobody can refute These reports indicate that in order the second highest corporate tax rate that fact. These are facts. I am con- to oblige the Senate’s leading progres- in the world. Wouldn’t it be nice if we cerned about it. I will tell my col- sive, the Senator from Vermont, Sen- can tax more and get some more league that. ator CONRAD has moved his budget fur- money? But as the Senator knows from Mr. SESSIONS. Democratic leaders ther to the left, I think, than he prob- his experience, if we have too high of and the President talk a lot about a ably desires. So we are told this budget tax rates, it drives investment out of balanced approach to reducing our def- now has more taxes than savings—rais- America, drives jobs out of America, icit. We believe in that approach. The ing taxes $2 trillion and possibly even and companies are liable to want to Senator from Utah has indicated that. $2.7 trillion, while cutting just $1.5 tril- move to Canada where they pay less But I ask the Senator, what is the lion in spending over 10 years. We will taxes, creating jobs for them and not more balanced approach? Is the plan have to see it to know for sure. All we us. that hikes taxes and grows the govern- are hearing is news reports at this So there is a danger, is there not, ment or a plan that controls Wash- point. economically? ington spending and shifts the balance Even the President, in his speech, Mr. HATCH. Of course. back to everyday Americans? called for $3 in spending cuts for every Mr. SESSIONS. There is a danger Mr. HATCH. The ranking member, $1 in tax increases. Our analysis of his economically, is there not, and a dan- my friend from Alabama, summed up speech shows he did not do that. But ger to growth, which we need des- the fiscal predicament perfectly. It that is what he said is the right ap- perately, if we keep raising taxes. comes down to a lack of balance. Our proach. Mr. HATCH. Our corporate rate is 35 friends on the other side simply cannot As a ranking Republican on the Fi- percent. That is the highest in the agree among themselves at this time, nance Committee, what are the Sen- world, other than Japan’s. It is causing and the reason they cannot agree is, ator’s thoughts about how steep tax a lot of corporations to leave our coun- most of them are looking to the rev- hikes would affect the economy? Would try. In the 1970s, 39 of the top 50 multi- enue side of the ledger to resolve what it be better to cut wasteful Washington national corporations in the world is a spending problem. spending or to raise taxes and continue were based in the United States. Today The Finance Committee has jurisdic- the spending spree we have been on? there are only 16—that was the last fig- tion over 50 percent of Federal spend- Mr. HATCH. That is a good question. ure I heard—which is low. The reason ing, and that will trend to 60 percent I tell my friend from Alabama that it is we are taxing them to death, and we shortly. It has jurisdiction over nearly amazes me how much our friends on have a lot of other screwy tax aspects all revenues. As a member of the Fi- the other side are hard wired to in- that don’t work. We can solve all these nance Committee and ranking member, crease taxes. problems if we just get a decent budget I fail to see how a tax-increase-driven As the ranking member knows, if and work to bring spending under con- budget can be advanced in the Finance current tax policy is left in place, in- trol and get on a downward trend with Committee on a bipartisan basis. I am cluding today’s low rates, family tax regard to spending. keenly interested in how the Budget relief and the alternative minimum tax I have to say, we cannot do it with- Committee will come down on the big- patch, the Congressional Budget Office out budget debates and balance. Our gest policy question of our time. tells us revenues will trend to the his- friends on the other side don’t seem to I am pleased to have the advice and toric average of 18 percent of GDP. The be able to get their caucus together counsel of my friend from Alabama as President moves revenues up to record and allow the chairman to come up that process moves forward. I would highs as a percentage of GDP. Last with a budget on time, in a way that like to have the advice and counsel of year it was about 25.3 percent. The last will help us debate this matter and, the distinguished Budget Committee time we had that was in 1945, at the hopefully, resolve it on the Senate chairman, but he cannot get his side to end of the Second World War, at the floor. do what is reasonable; that is, bring height of it. Mr. SESSIONS. I think the Senator down spending. That is what we have Now, the tax increases contemplated is right. This Senate is filled with re- to do. We are taxing enough. We are by the President’s budget will mean markable people, but I think our col- spending us into oblivion, and that is half of the small business flow-through leagues on the other side are paralyzed, the problem. income will be hit with a marginal tax frankly, by the challenge of putting a Mr. SESSIONS. This is true. It is rate of 17 to 24 percent on top of the plan on paper that can actually be ex- dangerous to our country. We have regular tax rate. Democrats and Re- amined, the numbers calculated, and gone 750 days without passing a budget publicans agree the small business sec- ideas confronted. I think their problem in the Senate. I do believe if we took a tor is the key to job creation. Seventy is they are not able to produce a budg- poll of the American people, what per- percent of the jobs are created by small et their caucus will support, that the centage would one get if they were businesses. The top marginal rate on American people will support, and that asked: Should the Congress of the capital gains income will rise to 59 per- would actually get the job done. That United States, particularly at a time of cent in a little over 18 months under is a difficult challenge. But if you want great financial danger, have a budget? the President’s budget. That will drive to be a leader, you have to meet that We will not have a budget unless the down aftertax rates of return on in- challenge. Senate acts. vestments. Mr. HATCH. My friend from Ala- It is a question both of philosophy Is that policy a path to recovery? I bama, as he always does, has arrived and economics. Philosophically, the don’t think so. I don’t think anybody precisely at the critical point. We need American people do not want Wash- else who looks at it with any degree of a fiscal policy that is balanced. Its ington to hike taxes on millions of intelligence thinks so. That is another remedies must respond to the causes of Americans in order to fund its wasteful

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3122 CONGRESSIONAL RECORD — SENATE May 19, 2011 spending spree. Economically, the evi- budget, and there were 59 Democrats in EXECUTIVE SESSION dence shows cutting spending—not the Senate. raising taxes—and we have done a One may say: Don’t be so partisan, number of studies on this—is the ap- Senator SESSIONS. We are calling their NOMINATION OF GOODWIN LIU TO proach that consistently produces the names this morning. We like our col- BE A U.S. CIRCUIT JUDGE FOR best results time and time again. leagues, but the truth is, when you THE NINTH CIRCUIT We need a budget based on facts. We have the majority, you have a responsi- The PRESIDING OFFICER. Under need a budget to grow the economy, bility. The responsibility at this point the previous order, the Senate will pro- not the government. We need a budget in history could not be greater than to ceed to executive session to resume the that imposes real spending discipline produce a blueprint, a plan for the fu- following nomination, which the clerk on Washington. We need a budget with- ture, such as the House has done, that will report. out gimmicks or empty promises. We the American people can see: Does that The bill clerk read the nomination of need a budget that is produced publicly solve our problems? Does it put us on Goodwin Liu, of California, to be and openly, allowing the American peo- the right path? I think the House bill United States Circuit Judge for the ple full opportunity to see what is in it does. Ninth Circuit. and to consider it. We need a budget We have yet to see anything out of The PRESIDING OFFICER. Under that the American people deserve, an the Senate that does. It is our responsi- the previous order, the time until 2 honest budget that spares our children bility in this body to pass legislation, p.m. will be equally divided and con- from both the growing burden of debt because if we do not, we cannot con- trolled between the two leaders or and the growing burden of big govern- ference with the House, and we can their designees. ment. We need a budget that ensures never get a budget passed. The Senator from California. I thank Senator HATCH. I look for- America will compete, creating jobs, Mrs. BOXER. Mr. President, I am ward to working with our colleagues. lead, and thrive in the 21st century. very honored to speak in favor of the Maybe we can somehow break this log- Mr. HATCH. I thank my colleague. Goodwin Liu nomination and to urge jam. The American people have a right He sums it up pretty well, is all I can my colleagues on both sides of the aisle to watch us and not be happy when we say. For our children, grandchildren, to cast a proud vote for an extraor- and great-grandchildren, we need to are not doing the kind of work nec- essary to put this country on a sound dinary person, a remarkable young get this done. Frankly, it ought to be man who, for want of a better word, is done in the Budget Committee and not financial path. I yield the floor. just a star in everything he has ever by rule XIV on the floor. The reason it The ACTING PRESIDENT pro tem- done. should be done in the Budget Com- pore. The Senator from Utah is recog- This is a picture of Goodwin. To say mittee is because I know the minority nized. Goodwin personifies the dream of will weigh in and at least have their Mr. HATCH. Is it time to move to the America is an understatement. To say viewpoints expressed. There will be Liu nomination? this is a good nomination understates amendments, and people can vote up or The ACTING PRESIDENT pro tem- the way I feel about it. I thank the down on whatever it is. Then they can pore. Not until 11 o’clock. There are a President for moving forward with bring it to the floor, and we should few minutes remaining. Goodwin on two occasions, two nomi- have a complete consideration of it Mr. HATCH. Mr. President, I ask nations—or three times. I thank the here as well. That is the way it ought unanimous consent to move to the Judiciary Committee for reporting him to be done. nomination, if the leader has no objec- out on more than one occasion. Of As a former member of the Budget tion, so I may give my opening re- course, I thank Senators LEAHY and Committee, I have to admit it is a dif- marks. REID and FEINSTEIN for their hard work ficult process, but it is not difficult if I withdraw my unanimous consent in getting us to this point. we all work together to get spending request and suggest the absence of a It is rather stunning for me to hear under control and quit taxing the quorum. conservative Republicans come to the American people to death. We can do The ACTING PRESIDENT pro tem- floor and blast this nominee because this if we work together. pore. Without objection, it is so or- Goodwin Liu, Professor Liu has support I hate to say it, but I think our dered. from some of the most conservative friends on the other side are not work- The clerk will call the roll. legal minds in the country. Ken Starr, ing together in their own caucus. The The legislative clerk proceeded to who, as we all know, was the special distinguished Senator from Alabama call the roll. counsel on the White Water matter and Mr. HATCH. Mr. President, I ask has pointed that out—I think cour- who was considered at that time quite unanimous consent that the order for teously—today. I hope they will get to- partisan and was one of the conserv- gether, even though I am pretty sure the quorum call be rescinded. The ACTING PRESIDENT pro tem- ative, I think—I want to say stars of they are going to come up with a budg- their thought, said: et that continues to spend and tax such pore. Without objection, it is so or- In our view— as we have had in the past. I hope they dered. do not. If they do not, I think the Mr. HATCH. Mr. President, I suggest And he writes this with Professor American people will breathe a sigh of the absence of a quorum, and I ask that Amar, and this was published. relief and say they did a good job. If the time be divided equally. In our view, the traits that should weigh The PRESIDING OFFICER (Mr. they do, I think it will be more of the most heavily in the evaluation of an extraor- BROWN of Ohio). Without objection, it dinarily qualified nominee such as Goodwin same. are professional integrity and the ability to Mr. SESSIONS. I thank Senator is so ordered. The clerk will call the roll. discharge faithfully an abiding duty to fol- HATCH. I have enjoyed sharing these The bill clerk proceeded to call the low the law. Because Goodwin possesses thoughts. I will note again that we are roll. those qualities to the highest degree, we are looking at a period in history in which The PRESIDING OFFICER. The Sen- confident that he will serve on the Court of our systemic debt problem is greater, I ator from California. Appeals not only fairly and competently, but believe, than any time in our history. Mrs. BOXER. Mr. President, I ask with great distinction. We support and urge his speedy confirmation. World War II was serious, but we could unanimous consent that the order for see our way out of it as soon as that the quorum call be rescinded. This is Kenneth Starr. war was over, and we bounced back The PRESIDING OFFICER. Without So I say to my Republican conserv- rapidly. objection, it is so ordered. ative friends, before you come here and Every expert tells us it is not going f start attacking Goodwin Liu for things to be easy to bounce back out of the he has never done, read what some of systemic problems we have. We need to CONCLUSION OF MORNING your conservative leaders in the legal have leadership. To have gone this BUSINESS profession are saying. long, 750 days without a budget in the The PRESIDING OFFICER. Morning Just today in Politico there is yet Senate. Last year we did not pass a business is closed. another op-ed written by the chief

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3123 White House ethics lawyer under court competition. He wrote an article faithfully an abiding duty to follow the law. George W. Bush for 21⁄2 years, Richard during his third year of law school that Because Goodwin possesses those qualities to Painter, a Republican serving a Repub- won two awards, one for best paper by the highest degree, we are confident that he lican administration. This is what he a third-year law student and another will serve on the Court of Appeals not only fairly and competently, but with great dis- said: for the best paper on taxation. tinction. We support and urge his speedy All that is required is for Senate Repub- He had such a distinguished record in confirmation. licans to practice what they preached for so law school that it earned him a clerk- long under Bush. Give Liu an up-or-down ship with Judge David Tatel of the U.S. That was Kenneth Starr. Well, Ken- vote rather than a filibuster. Court of Appeals for the District of Co- neth Starr’s Republican friends are not Well, we are facing a filibuster. I lumbia, and then he does so well there listening. ‘‘Speedy confirmation.’’ This want the American people to know— that he serves in one of the most pres- is an emergency vacancy. This is an and everyone who is supporting Good- tigious clerkships in the country—a emergency because they need to fill win Liu and everyone who supports law clerk to Justice Ruth Bader Gins- this position. What they are doing by giving young, extremely talented peo- burg on the U.S. Supreme Court. playing politics with this is making ple a chance to prove their mettle— I say to my Republican colleagues, sure the people of this country—be- that this is someone who has been a what are you thinking? We should cause the Ninth Circuit is a very im- star his whole life, someone who thank Goodwin for being willing to portant circuit—will not get justice, caught the dream. Give this man a continue his life of public service. We unless they change their minds and chance. Don’t filibuster this. Let’s should be praising his decision to put come to their senses and do what they have an up-or-down vote. up with all of this confirmation proc- said they would do. I think the ramifications—and I feel ess. Instead, they have given him a I won’t quote who said these things, very strongly about this. I don’t say horrible time, an awful time, a miser- but I have heard many on the other this very often on the floor. I think the able time. I said yesterday on the floor side say: Oh, we don’t want to fili- ramifications of this filibuster are while addressing his wife and his kids: buster judges. Let them get an up-or- going to be long and difficult for those You be proud of your dad and you be down vote. Then we hear they are not who caused this good man to be filibus- proud of your husband, because I say going to vote to give Goodwin an up-or- tered, unless, of course, we get the 60 this: If he doesn’t get this, it is about down vote. What is the reason? There votes we need. Why do I think that? I politics. It says more about the people is no reason. Nobody can find a more am going to tell my colleagues why I here in this place than it does about qualified person. What is the message think that. I am going to spend the Goodwin. Throughout this period they to the people in this country when we next few minutes talking about Good- have made all these attacks on him, all have someone who was a star in high win and telling my colleagues about these ideological attacks, frankly, on school, a star in college, a star in law his life and his achievements and his someone they made him become. school, a star in everything he did, a amazing recognition by so many in his This is a man with huge support from law clerk? short 40 years. Goodwin Liu has been conservatives, moderates, and liberals. Now, he gave a lot of his life to pub- extremely successful at each stage of He brings people together because of lic service in the Corporation for Na- his academic and professional career. his personality, his kindness, how in- tional Service, where he helped launch He has reached for the stars, and he has telligent he is, how he listens to peo- the AmeriCorps public service pro- grabbed them. ple. That is what people tell us about gram. As a senior adviser in the pro- He was the covaledictorian and cap- him. Yet, still he has been viciously at- gram, he led the agency’s efforts to tain of his tennis team in high school. tacked, and we see politics being build the AmeriCorps program at col- Let’s start with Goodwin in high played. leges and universities across this coun- school. He was born to Taiwanese im- This will not be lost on the American try. migrants who are both physicians, they people, I will tell my colleagues that Between his clerkships, Goodwin re- moved to Sacramento, and they were right now, because this isn’t just some turned to government service as a Spe- quite an influence on Goodwin. They guy whom the President bumped into cial Assistant to the Deputy Secretary used to leave out math problems for one day and said: I think you would be of Education. him to solve even after he finished his good on the court. This is an extraor- He won praise from Republicans, homework. They said to Goodwin: You dinary American who has fought so from Democrats, from conservatives, work hard and you can get what you hard in every job he ever had to be the from liberals, from moderates in every want. They forgot to mention there is best, to bring the best qualities to his position he ever held until he got to a filibuster that could interfere, but work. That is why he has won the sup- this Senate floor, where the conserv- let’s not go there because we certainly port of former Bush officials and Ken- ative Republicans turned their backs hope we get the 60 votes. neth Starr, the conservatives I know on Kenneth Starr, turned their backs So it starts in high school where we support Goodwin. But it is not good on Bush administration lawyers, have a covaledictorian, a captain of the enough for the politics that are being turned their backs on the facts of tennis team at Rio Americano High played around here, and this is not Goodwin Liu’s life for some agenda. I School in Sacramento. Then he goes to going to go down easy if he doesn’t get am telling you, this will not go down Stanford, where he graduates Phi Beta his up-or-down vote. This is not going easy for them. This will not go down Kappa—a very big honor—from Stan- to go down easy. I have had experience easy. ford. While he is at Stanford, he is in this political world for a long time. Goodwin served in the private sector. elected copresident of the student I won 11 straight elections. They have He worked for a very well respected body. He receives an award called the all been really—not all but most of law firm, O’Melveny & Myers. He Lloyd Dinkelspiel Award. It is the uni- them—very hard. I know when there is worked on a wide ring of matters from versity’s highest honor for outstanding an issue that touches the heart, and I antitrust to white-collar crime. He also service to undergraduate education. know when there is a person who maintained an active pro bono prac- So in high school, he is a star. He is comes along who deserves better than tice—pro bono. He did things for free to a star at Stanford. Then he goes to Ox- what Goodwin Liu is getting from the help people who needed his help. ford University, where he was a Rhodes Republicans. I am speaking of the Re- Scholar, which is considered one of the publicans here in this Chamber, not the Walter Dellinger of O’Melveny said most prestigious academic accomplish- Republicans outside. Goodwin was ‘‘widely respected in law ments. Let me read what Kenneth Starr said practice and for his superb legal abil- Following his time at Oxford, he de- about this man. Let me read it again to ity, his sound judgment, and his warm cides to attend law school at Yale Uni- my colleagues. collegiality.’’ versity. Once again, Goodwin goes to The traits that should weigh most heavily Well, let me tell you, the kind of Yale and he is a star. He was an editor in the evaluation of an extraordinarily quali- treatment he is getting here is far from of the Law Journal. Along with a class- fied nominee such as Goodwin are profes- warm. It is cold. It is wrong. It is mate, he won the law school’s moot sional integrity and the ability to discharge harsh.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3124 CONGRESSIONAL RECORD — SENATE May 19, 2011 I want to read again what Kenneth So we have heard from Kenneth And he says: Starr said. This is the third time. Ken- Starr, a conservative icon. We have I am convinced, based on his record and my neth Starr—you cannot get more con- heard from George Bush’s White House own experiences with him, that he is servative. ethics lawyer for 21⁄2 years, Richard thoughtful, fair-minded and well-qualified to The traits that should weigh most heavily Painter. He wrote today. Let’s see what be an appellate judge. in the evaluation of an extraordinarily quali- else Richard Painter wrote about Good- Well, all those wonderful letters—and fied nominee such as Goodwin are profes- win. These supporters of Goodwin’s are let me thank everyone who is engaged sional integrity and the ability to discharge passionate. That is why I say this is in this battle, from Kenneth Starr to faithfully an abiding duty to follow the law. going to go down hard if we do not get the Goldwater Institute, and all the Because Goodwin possesses those qualities to this cloture vote. This is interesting. conservatives who have gotten in- the highest degree, we are confident that he will serve on the court of appeals not only He writes: volved in this campaign on Goodwin’s fairly and competently, but with great dis- I’ve done my share of vetting judicial can- side and all the liberals and all the tinction. We support and urge his speedy didates and fighting the confirmation wars. I moderates. confirmation. didn’t know much about Liu before his nomi- Here is a man whose family came nation to the Ninth Circuit. But I became in- Kenneth Starr. from Taiwan. They taught him every trigued by the attention the nomination gen- value of family. Goodwin has a beau- Again, today, in an op-ed piece in Po- erated, and I wondered if his Republican crit- litico, George W. Bush’s White House ics were deploying the same tactics the tiful family. They taught him every ethics lawyer said: Democrats had used [against] Republican value of hard work, every value of edu- All that is required is for Senate Repub- nominees. They were. If anything, the at- cation, every value of fairness and jus- licans to practice what they preached . . . : tacks on Liu have been even more unfair. tice. Why we would not give this man Give Liu an up or down vote rather than a ... an up-or-down vote—that is all we are filibuster. More unfair. asking. No, they bring out the fili- But, no, we are facing a filibuster Based on my own review of his record, I be- buster, and it is going to go down hard against someone who is a star. So as lieve it’s not a close question that Liu is an if this man does not get this oppor- we follow Goodwin’s career—star in outstanding nominee whose views fall well tunity. high school, star in college, star in law within the legal mainstream. That conclu- So, Mr. President, this has been an sion is shared by leading conservatives who honor for me to stand here for 2 days to school—everywhere he goes he is recog- are familiar with Liu’s record. lay out the strong support that Good- nized. That is not good enough for my In 2003 he joined UC Berkeley’s fac- win Liu has, not just from the two friends on the other side. Well, I will ulty as a law professor where he has ex- home State Senators—and let’s keep give them another quote. celled as a scholar and a teacher. He is Former Republican Congressman Bob that one in mind, Senators. When you considered in this Nation one of the Barr has also offered praise of Pro- and your colleague in your State are leading constitutional law and edu- fessor Liu’s ‘‘commitment to the Con- backing a nominee, just keep in mind, cation law experts—but not in this stitution and to a fair criminal justice do not ever tell us, well, that does not Chamber. What do they want from a system,’’ as he puts it. He noted: matter because it should matter. He has strong support from the two home nominee—backing from conservatives, [Liu’s] views are shared by many scholars, backing from liberals, backing from lawyers and public officials from across the State Senators, strong support across the mainstream? ideological spectrum. the political spectrum, strong support His article on education law issues But Bob Barr’s opinion is not good by community organizations. won the Education Law Association’s enough for my friends on the other In closing, let me say this: Diversity award for distinguished scholarship in side. is important on the bench. Why do I 2006. I am even going to read a quote from say that? I say that because America, He received the Distinguished Teach- a former Congressman who tried to get we are a melting pot, and we are proud ing Award in 2009, the university’s the Republican nomination twice to of this American dream. But if our most prestigious award. run against me, Tom Campbell. He and court does not reflect this diversity, it I have never—let me say this: I have I have had a couple of disagreements, could still be fair, it could still be just, seen some wonderful people come to but not on Goodwin. Tom Campbell, but not as good as if we have a diver- this floor for confirmation, Democrats who served 9 years as a Republican sity of thought and ethnic diversity. and Republicans. I have seen qualifica- Congressman from California, said: The Ninth Circuit—this is inter- tions. I have voted for Republican Goodwin will bring scholarly distinction esting. The Ninth Circuit covers an judges, for Democratic judges. Honest and a strong reputation for integrity, fair- area where 40 percent of Asian Ameri- to God, it is hard for me to recall some- mindedness and collegiality to the Ninth cans live. Forty percent of Asian Amer- one who, at every stage of his life—and Circuit. icans live within the Ninth Circuit he is only 40 years old—has been able Reflecting on Liu’s many years of boundaries, and we do not have an to achieve such excellence. work in serving the public interest, Asian American judge. What is the message coming from Campbell also said: Is the Asian American community this body if we do not give this man an I am not surprised that [Liu] has again excited about this nomination? Abso- up-or-down vote? I am telling you, it been called to public service. lutely. Whether they are Republicans— will go down hard. So it goes on and on. I will give you and many of them are—whether they The American Bar Association gave another Republican. Brian Jones, who are Democrats—and many of them are. him the highest rating—the highest served as the general counsel at the I think it is almost like a 50–50 split in rating—and yet we are facing a fili- Department of Education from 2001 to the Asian American community. buster. 2005 under George W. Bush, after Liu’s Well, pay attention to this. This is a The Goldwater Institute—everybody tenure there, this is what he said about moment. It should be a moment of knows Barry Goldwater, idol of con- Goodwin that speaks to the heart and great celebration. I am fearful—I am servatives—the director of the conserv- soul of this good human being: fearful—it might not be, but I am for- ative Goldwater Institute endorsed During [2001 and 2002], and even after he be- ever hopeful that it will be. If people Goodwin Liu. But that is not good came a law professor in 2003, [Goodwin] vol- listen, and they see the breadth of sup- enough for my Republican friends. unteered his time and expertise on several port for this man, and they take poli- They said they are endorsing him be- occasions to help me and my staff sort tics out of the equation and ideology cause of his ‘‘fresh, independent think- through legal issues. . . . In those inter- out of the equation, they will vote for actions, Goodwin’s efforts were models of bi- ing and intellectual honesty.’’ But that partisan cooperation. ending this filibuster, and they will is not enough for my friends on the Listen: vote for Goodwin. other side. They said they were endors- I yield the floor. ing him also because of his ‘‘scholarly In those interactions, Goodwin’s efforts Mr. HATCH. Mr. President, I rise in were models of bipartisan cooperation. credentials and experience to serve He brought useful knowledge and careful strong opposition to the nomination of with distinction on this important lawyerly perspectives that helped our admin- Goodwin Liu to the U.S. Court of Ap- court.’’ istration to achieve its goals. peals for the Ninth Circuit.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3125 As he said at the first hearing before President Obama takes the opposite and shape into any form they please. the Judiciary Committee, his record is view. When he was a Senator and op- There is no room in this modest judi- public, and he has written what he has posed the nomination of Chief Justice cial role for something as grand as in- written; he has said what he has said. John Roberts, one of the greatest ap- terpreting social meaning. That record is what we have to go on, pellate lawyers in the history of the I grant that there are individuals or the basis on which we have to make a country—he said that judges decide institutions in our society that should decision about his nomination to the cases based on their deepest values and play this role. I think elected rep- Federal bench or his confirmation by core concerns, their perspective on how resentative bodies, such as the one in the Senate. the world works, their empathy, and which I am proud to serve, should play Professor Liu’s record endorses a what is in their heart. That is what this role. But the last body of people in powerful judiciary that can take con- then-Senator Obama said. our society who should play this role of trol of the law in general and of the As a Presidential candidate he made culturally interpreting social meaning Constitution in particular. His activist the same case to the Planned Parent- are judges in whose hands is placed the judicial philosophy is fundamentally at hood Action Fund and said these were interpretation and application of the odds with the principles on which our the criteria by which he would pick supreme law of the land. system of government is based. judges. I, for one, did not take an oath to I examine a judicial nominee’s entire President Obama certainly kept that support and defend a judge’s empathy record to determine if he is qualified campaign promise in the person of Pro- or perspective on how the world works, by legal experience and, even more im- fessor Goodwin Liu. Professor Liu has whether that judge is liberal or con- portant, by judicial philosophy. written that judges are literally on a servative. I did not take an oath to As to Professor Liu’s legal experi- search for new constitutional meaning. support and defend a judge’s view of ence, I know the ABA has rated him In article after article, in speech after evolving social norms or shifting cul- unanimously ‘‘well qualified.’’ That is speech, he argues that judges on this tural understandings. I took an oath to more than a little baffling since the quest for new constitutional meaning support and defend the Constitution of ABA’s own criteria state the nominee may find it in such things as the con- the United States, a document that be- should have at least 12 years of actual cerns, conditions, and evolving norms longs, in its words and its meaning, to law and practice and substantial trial the people of the United States. The experience as a lawyer or trial judge. of society; social movements and prac- Constitution I have sworn to support So it is a little bit more than baffling. tices; and shifting cultural under- and defend places limits on govern- Professor Liu has none of that. None of standings. No matter how you cut it, ment, including limits on the judiciary the actual law practice and substantial these are simply alternative ways of and the people alone have authority to trial experience as a lawyer—none. Suf- saying the Constitution means what- change those limits. fice it to say that understanding the ever judges say it means. This is a Professor Liu advocated an activist mysteries of the ABA’s judicial nomi- blueprint for a judiciary that controls judiciary before he had been nominated nee ratings has eluded me for many the Constitution. Professor Liu’s approach treats the to the judiciary, but when he came be- years. Sometimes they do a great job. Constitution as if it were written in fore the Judiciary Committee in each A lot of times they do not and politics some kind of code or disappearing ink of two hearings he painted a very dif- enter in. The more important qualification for and treats judges as the only ones who ferent picture. Before his nomination, judicial service is the nominee’s judi- have the key to figuring it out. for example, he wrote in the Stanford cial philosophy and his understanding Professor Liu, of course, is hardly the Law Review that judges must deter- of the power and the proper role of gov- only one to make this argument. It is mine ‘‘whether our collective values on ernment in our system of government. pretty standard fare for those who a given issue have converged to a de- Professor Liu has been unequivocal want our Constitution to say and mean gree that they can be persuasively about his views on this issue, writing something other than what it does. crystallized and credibly absorbed into and speaking directly about how judges When these folks want government to legal doctrine.’’ After his nomination should go about judging. He has writ- have power the real Constitution de- he told the Judiciary Committee that ten and spoken extensively about how nies, they urge judges to change the there is no room for judges to invent or judges should interpret and apply the Constitution’s meaning to be what create new theories. law, especially the Constitution, to de- they want. When these folks do not Now it is anybody’s guess what all of cide cases. want government to have power the that collective value convergence and The debate about judicial philosophy real Constitution allows, they urge credible crystallization means. But if comes down to this. We can all read judges to make up so-called rights that that is not a new theory, I don’t know what the Constitution says. The real are not there at all. what it is. question is what the Constitution Whether seeking liberal or conserv- Before his nomination, Professor Liu means, where the meaning of its words ative political results, this is real judi- wrote directly and forcefully about properly may be found. The debate is cial activism: judges taking control of where judges should look for the mean- about who gets the final say on what our law by taking control of its mean- ing of the Constitution. He made a ca- the Constitution means, the people or ing; judges remaking the Constitution reer of it, received awards for it, and the judges. in their own image. In my 35 years of became one of the stars of the leftwing America’s founders clearly took the actively participating in the judicial legal universe. After his nomination people’s side in this debate. In his fare- confirmation process, I don’t recall when I raised some of his controversial well address in 1796, President George someone who more forcefully and di- writings at his first hearing, Professor Washington said that the very basis of rectly advocated such an activist judi- Liu told me ‘‘whatever I may have our political system is that the people ciary. written in the books and articles would control the Constitution. He said until In a 2008 article published in the have no bearing on my role as a judge.’’ the people change the Constitution, it Stanford Law Review, for example, At the end of that same hearing last is sacredly obligatory upon all. That Professor Liu argued that the judiciary year, Professor Liu told one of my certainly includes, in fact that pri- is ‘‘a culturally situated interpreter of committee colleagues that ‘‘as you marily includes, government because social meaning.’’ look across my entire record, there are that is what the Constitution exists to That would be a surprise to Amer- many things I think relevant to the do, to both empower and to limit gov- ica’s founders, who had a much more kind of judge I would be.’’ ernment. pedestrian view of the judiciary, which Which is it? Before he wants to be a The Constitution cannot limit gov- Alexander Hamilton described as the judge he argues that judges can find ernment if it cannot limit judges and it weakest and least dangerous branch. new meaning for the Constitution in cannot limit judges if they control Thomas Jefferson warned that if changing cultural understanding and what the Constitution means. The Con- judges could control the Constitution’s evolving social norms. After he wants stitution belongs to the people, not to meaning it would be nothing but a to become a judge he tells critics to ig- judges. lump of wax that judges could twist nore that record but tells supporters to

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I don’t beliefs about our laws and Constitu- Judges must either take the law as care that the American Bar Associa- tion, beliefs that fall far outside the they find it, as the people and their tion has given him such a sterling rat- mainstream. They just do. Professor elected representatives make it, or ing. Liu does not believe judges are bound judges may make the law into what- This is an important issue. I wish I to apply the Constitution according to ever they want it to be. Those are the didn’t have to vote against Goodwin what it actually meant at its drafting two choices. Our liberty requires that Liu because I like him personally. In or what it plainly says. But he believes people to whom the Constitution be- fact, this is not about him as a person judges are free to adapt the Constitu- longs alone have the authority to but whether he will be the right kind of tion according to how they perceive change it. Our liberty requires judges judge. I am convinced that he will not the needs of modern society. who will be controlled by that Con- and, therefore, I must strongly oppose In fact, he has written this: stitution. his nomination. Interpreting the Constitution requires ad- President Obama and Professor Liu The PRESIDING OFFICER. The Sen- aptation of its broad principles to the condi- instead advocate a judiciary able to ator from Alabama. tions and challenges faced by successive gen- control the Constitution, to change the Mr. SESSIONS. Mr. President, I erations. The question is not how the Con- Constitution, to literally create from would like to speak on the Liu nomina- stitution would have been applied at its founding, but rather how it should be applied scratch a new Constitution. That will tion. I appreciate the good advocacy of destroy our liberty. today in light of changing needs, conditions, Senator BOXER. But I would remind her When I look at Professor Liu’s record understandings of our society. that she and her Democratic colleagues I see he consistently and strongly ad- This is an untethering of a judge changed the ground rules of the Senate vocates an approach that allows judges from law, in my opinion. He has also and created filibusters that had here- to find the meaning of the Constitution written that the Constitution has no tofore not been done in early 2001. virtually anywhere they want to. That fixed meaning. He has written that I opposed that, but after much de- is the opposite of the defined, limited ‘‘our Constitution has shown a remark- bate, several years in which a half role judges properly have in our system able capacity to absorb new meaning dozen fabulous nominees to the courts of government. I cannot support some- and new commitments forged from pas- were being blocked by filibusters, the one for appointment to the Federal sionate dialogue and debate, vigorous Gang of 14 decided that matter and bench, especially to what is already the dissent and sometimes disobedience.’’ most activist circuit in the country, said: Well, we all agree now. We will He goes on to say: ‘‘Fidelity to the who believes judges should have that not filibuster except in extraordinary Constitution requires judges to ask not much power. circumstances. how its general principles would have The Ninth Circuit Court of Appeals is I think as a matter of law, not as a been applied in 1789 or in 1868, but rath- indeed the most activist court in the matter of character and personality er how those principles should be ap- country. It is a court that ignores the but as a matter of approach to law, ex- plied today in order to preserve their law consistently—or at least some of traordinary circumstances exist in this power and meaning in light of con- the judges on that court. Judge case. cerns, conditions, and evolving norms I have heard my colleague talk about Reinhardt, who is a brilliant man by of our society.’’ any measure, apparently doesn’t even Professor Liu’s unusual intellectual To that, I would disagree and say: care what the words of the Constitu- abilities, his academic career, clerk- Words do have meaning. They mean tion say. He is going to interpret ship on the Supreme Court, and his something specific. When they are things the way he wants. He is just prolific writings—and certainly I do written down in a statute or a Con- one. There is a whole raft of them not dispute he is a good man and in- stitution, that meaning does not there. Judge Reinhardt gets reversed volved in debate about law in America. change by the mere passage of time or almost every time he writes an opin- What they fail to mention, however, the mere shifting of political winds or ion—by the Supreme Court of the is his lack of any meaningful experi- the judge’s personal views about what United States. The problem is that peo- ence as a practicing attorney. He has may be the concerns, conditions, and ple can say: Isn’t that taken care of by never tried a case before a jury and has evolving norms of our society. the Supreme Court? Yes, it is in those argued only once before a Federal Judges are not empowered to do that. individual decisions. But in these cir- court of appeals—only once. This is a They are not empowered to impose cuit courts of appeals there are thou- very serious shortcoming for a number their views about the concerns, condi- sands of court cases and legal opinions of reasons, the most important of tions, and evolving norms of our soci- written that will never be considered which is the plain fact that significant ety. Judges are given the power to de- by the Supreme Court because the Su- legal experience litigating in court pro- cide cases and to say what the plain preme Court only considers between 80 vides insight to someone who would be meaning of the law is. For a judge to and 100 cases a year. But thousands of a judge and an understanding that believe otherwise is a serious threat to cases are decided by these circuit words have meaning and consequences. the rule of law and to the principles courts of appeal, so they are impor- It is a real legal world testing ground that make this Nation great. tant. Who we put on them is impor- in which persons can prove their judg- Professor Liu’s writings express ex- tant, too. We don’t need any more judi- ment and their integrity and their treme views about more than Constitu- cial activists, either from the right or skill. It also provides a maturing expe- tional interpretation. His writings left, interpreting the Constitution in rience, where one learns that words have often expressed an unorthodox accordance with their own predi- have reality and that a single word in view of the role of a judge. Alexander lections rather than what the Constitu- a deed, a contract, a letter or even an Hamilton famously wrote in the Fed- tion actually says. e-mail can determine which party re- eralist Paper 78 that: Goodwin Liu has a long history of po- ceives millions of dollars in a lawsuit The judiciary . . . has no influence over ei- sitions that are outrageous to those of or even whether they go to jail. ther the sword, the purse; no direction either us who want the courts to be what they Seasoned lawyers bring much to the of the strength or of the wealth of the soci- should be, interpreters of the laws, not bench, as do judges who have had pre- ety; and can take no active resolution what- makers of the law. They are not elect- vious experience when they go on to ever. It may truly be said to have neither ed to anything and they are appointed the courts of appeals. This lack of liti- force nor will, but merely judgment. for life on the basis that they will do gation experience leaves me with only Frankly, having read his writings what is right and that they will uphold two sources of how to evaluate how and listened to his testimony, for all the law regardless of whether they this nominee would behave on the his great capabilities and fine char- agree with it. bench: his writings, which are exten- acter, I have concluded that he indeed

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3127 lacks the most essential quality of a . . . expanded health insurance, child care, This truly is a dangerous, nonlegal judge; that is, good judgment, proven transportation subsidies— philosophy. His writings also show he in the practice of law or as a previously I kid you not— holds a number of views on some of the appointed judge. job training and a robust earned income tax most controversial topics of our day I agree with the role of a judge as en- credit. that are extreme. visioned by Chief Justice Marshall That is what he has written in sev- He believes the longstanding defini- when he wrote: ‘‘It is emphatically the eral important law journals; not re- tion of marriage as between a man and province and duty of the Judicial De- marks in a casual conversation. He has a woman is unconstitutional. He filed a partment to say what the law is.’’ written in law journals. He writes that brief, with other law professors in the I think Chief Justice Roberts per- word ‘‘citizenship’’ does not mean citi- California case, on that subject. We fectly summed up the role of a judge as zenship in that clause but rather ‘‘the asked him about that at the hearing. the Founders saw it, as we have been ability to be a fully able participating Frankly, his answer was not satisfac- raised to understand it, when he said member of society.’’ tory, in the sense that he said he was that a judge should be a neutral umpire The Constitution did not say that. only referring to California law, when, who calls the balls and strikes without The citizenship clause simply made a in fact, his brief cited the U.S. Con- preference for either side. person a citizen. His article asserts stitution, which has similar language. But Professor Liu does not agree that education, health insurance, He also made statements that raise with that analogy. He attacked Chief childcare, transportation subsidies, job questions as to his temperament. He Justice Roberts. He does not argue that training, and presumably other welfare was very nice at our hearing. We have the task of judges is to read the words benefits we might need are constitu- heard nice things said about him. I just of the Constitution according to their tional rights because the citizenship ask if you consider these nice com- original meaning. Instead he has writ- clause ultimately requires equality of ments he made about Chief Justice ten that: results in those contexts. Roberts, for example. He said that The historical development and binding He asserts that the judge’s role is to Chief Justice Roberts has ‘‘a vision for character of our constitutional under- ensure such a result is achieved, even if standing demand more complex explanations American law—a right-wing vision an- than a conventional account of the courts as the legislature may not so find. That is tagonistic to important rights and pro- independent, socially detached decision mak- like no definition of citizenship I have tections we currently enjoy.’’ He criti- ers that say what the law is. The enduring ever heard. Professor Liu’s interpreta- cized him for being a member of the task of the judiciary . . . is to find a way to tion of the citizenship clause is so far ‘‘Republican National Lawyers Asso- articulate constitutional law that the nation disconnected from the actual text of ciation and the National Legal Center can accept as its own. the document and what the people for the Public Interest, whose mission This is utterly wrong. That view can- meant when they ratified it that it is to promote (among other things) not be accepted because it calls for a would be unrecognizable to those who ‘free enterprise,’ ‘private ownership of judge to ponder, to seek, to render a drafted it. property,’ and ‘limited government.’ ’’ decision that is popular or fits the Some of Professor Liu’s supporters These are all Mr. Liu’s words. He judge’s own values. Most certainly have said—as he did before the com- considers those improper goals and such a decisionmaking method is not mittee—that his argument about the says, ‘‘These are code words for an ide- law. It is not objective. It is subjective. citizenship clause was directed only at ological agenda hostile to environ- It allows a judge to base rulings on fac- Congress, the legislative branch, execu- mental, workplace, and consumer pro- tors that are incapable of being a tive branch, and it was never meant for tections.’’ standard. It introduces politics, ide- judges. That simply does not square Give me a break. With respect to Jus- ology, religion, and whatever else may with what he wrote, and we have re- tice Alito—a fabulous member of the be in a judge’s mind in a decision- searched this and tried to be fair to Supreme Court, who is so experienced, making process. That is contrary to him. so much more seasoned as a nominee the entire history of the American rule In 2008, Professor Liu published an than this nominee comes close to of law that served us so well. article entitled ‘‘Rethinking Constitu- being—he went even further, appearing Mr. Liu has also written that ‘‘the tional Welfare Rights.’’ Constitutional in person before the Judiciary Com- problem for courts is to determine, at welfare rights. In that article, he set the moment of decision, whether our out to make—as he said—‘‘a small step mittee to testify that Justice Alito collective values on a given issue have toward reformation of thought on how ‘‘envisions an America where police converged to a degree that they can be welfare rights may be recognized may shoot and kill an unarmed boy to persuasively crystallized and credibly through constitutional adjudication.’’ stop him from running away with a absorbed into legal doctrine.’’ These That means by judges. Judges do ad- stolen purse; where Federal agents may words describe a policymaker not a judication. In that same article, Pro- point guns at ordinary citizens during judge. fessor Liu argued that, once a legisla- a raid, even after no sign of resistance; Professor Liu’s writings also show he tive body creates a welfare program, it where a black man may be sentenced does not share our Founding Fathers’ is the role of the courts—he said the to death by an all-white jury for kill- vision in many different areas. He does courts—to determine the community ing a white man; and where police may not see the Constitution as a charter of meaning and purpose of that welfare search what a warrant permits, and freedom from government interference. benefit, in light of the needs of ‘‘equal- then some.’’ Instead, he argues that portions of the ity’’ and ‘‘national citizenship.’’ When asked about that in committee, Constitution create positive rights to Professor Liu explicitly stated that he acknowledged that was unneces- welfare benefits. He attempts to derive when necessary, courts should recog- sarily colorful language. Nobody all these rights from the citizenship nize or expand these welfare rights by should say that kind of thing. It was an clause of the fourteenth amendment. ‘‘invalidating statutory eligibility re- intemperate remark and was unfair to That clause reads simply this: ‘‘All quirements’’—this is his language he Justice Alito. persons born or naturalized in the wrote—‘‘by invalidating statutory eli- Thus, I have concluded that the nom- United States and subject to the juris- gibility requirements’’—that means ination presents an extraordinary cir- diction thereof, are citizens of the welfare eligibility requirements—‘‘or cumstance that requires me to oppose United States and of the State wherein strengthening procedural protections cloture on the nomination, which I am they reside.’’ against the withdrawal of benefits.’’ reluctant to do. I have voted against It may be difficult to determine ex- In other words, Professor Liu be- some nominees, but I have voted for actly what some of the words mean in lieves judges have the right and, in- probably 90 percent of President the Constitution. However, our lan- deed, the duty, to rewrite laws written Obama’s and President Clinton’s nomi- guage has not changed so much that by Congress when they think those nees while I have been in the Senate. these words could possibly be read to laws are inadequate or when the judge, But this nominee, I believe, represents mean that all Americans have a right without the traditional limits of legal an extraordinary circumstance. His to various benefits, such as—this is standards, decides the case on what the record reveals that he believes the Con- what Mr. Liu has written: judge thinks is fair. stitution is a fluid, evolving document,

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3128 CONGRESSIONAL RECORD — SENATE May 19, 2011 with no fixed meaning; that he believes Based upon nearly everything that Judge Roberts. He argued that Justice the role of a judge is to participate in Mr. Liu, Professor Liu, has written or Roberts’ record ‘‘suggests that he has a a ‘‘dialogue’’ with the legislature about said, I have some very serious concerns vision for American law—a right-wing what welfare benefits are required by about his impartiality and suitability vision—antagonistic to important the Constitution, and that the tradi- to serve as a life-tenured judge. My rights and protections that we cur- tional definition of marriage is uncon- concerns start with his lack of judicial rently enjoy, and that he is not afraid stitutional. His record also reveals he temperament. to flex judicial muscle to achieve it.’’ is willing to use the courts in order to During the confirmation hearings of In that same article, he attacked achieve what he thinks is the proper Justice Sam Alito, who is now on the Justice Roberts’ membership in the level of social welfare benefits, and U.S. Supreme Court, Mr. Liu went out National Legal Center for Public Inter- that he is willing to attack the integ- of his way to testify under oath before est, calling its mission to promote free rity and distort the records of honor- the Senate Judiciary Committee in a enterprise, private property, and lim- able judges in order to promote his way I can only describe as vicious and ited government—he called those code views of what he thinks the Constitu- disgraceful. This is what he said: words for an ideological agenda hostile tion should require. Judge Alito’s record envisions an America to the environment, workplace, and I do believe our Senate would have where police may shoot and kill an unarmed consumer protections. done better not to have had filibusters. boy to stop him from running away with a So Professor Liu considers free enter- That was my view. But we had a debate stolen purse; where Federal agents may prise, private property, and limited on that, and it changed. If Senator point guns at ordinary citizens during a raid, government code words for an ideolog- even after no sign of resistance; where the ical agenda hostile to the environment, BOXER and other Democrats now have FBI may install a camera where you sleep on rethought that matter and wish to talk the promise that they won’t turn it on unless workplace, and consumer protections. to me, I would certainly be willing to an informant is in the room; where a black That is what he said. Is that the kind consider restoring the traditional view man may be sentenced to death by an all- of person we want, the Senate should of the Senate regarding filibusters of white jury for killing a white man, absent a want, or that America should want to judges. I don’t think that is likely to multiple regression analysis showing dis- sit in judgment, enforce our Constitu- happen, because it was done systemati- crimination; and where police may search tion and laws passed by the Congress? cally and deliberately, with great de- where a warrant permits, and then some. Well, I think not. liberation and determination by the I humbly submit this is not the Yet, in another dramatic nomination Democrats in 2001, I believe, and they America we know, nor is it the Amer- conversion during his failed nomina- imposed that change on the Senate. ica we aspire to be. These were the tion process last year, Professor Liu re- That is what we are operating under words of a person who President Obama sponded to my written questions by today. has, three times, nominated to serve on calling this statement a ‘‘poor choice Based on that, I do believe Professor the Ninth Circuit Court of Appeals, one of words.’’ Liu should not be confirmed. of the highest courts in the land, which There are several more examples of I thank the Chair and yield the floor. is expected to dispassionately decide Professor Liu’s lack of judicial tem- The PRESIDING OFFICER (Mrs. cases without fear, favor, or any pre- perament. His record is already crystal HAGAN). The Senator from Texas is rec- conceived notion about the outcome. I clear. It is one thing for Professor Liu ognized. think these words, perhaps more than to disagree with a person—we do that Mr. CORNYN. Madam President, I anything else, demonstrate Professor every day on the floor of the Senate, in join my colleague from Alabama, who Liu’s nonsuitability to serve as a Fed- committee, and around the country, has served for a long time on the Sen- eral judge. These were not an off-the- across kitchen tables in our homes— ate Judiciary Committee, as have I, in cuff set of remarks or a temporary but it is quite another to repeatedly voicing my strong opposition to this lapse in judgment; they were a product engage in these types of inaccurate nominee. of carefully scripted and prepared tes- and, frankly, disgusting attacks It is odd, it seems to me, to have timony provided to the Senate Judici- against a public official trying to do someone who has actually been nomi- ary Committee during the Alito hear- their job the way they think it should nated three separate times by this ings. be done. For Professor Liu to only re- President, and I think it tells us some- Despite Professor Liu’s comments, flect upon his statements once he is of- thing about the President’s determina- Justice Alito was confirmed with bi- fered a life-tenured judgeship on the tion to nominate and see confirmed partisan support. During his failed con- court of appeals is unacceptable. someone who is unsuited for service as firmation process last year, I asked Given his lack of experience as a a Federal judge. Professor Liu that, if given the oppor- practicing lawyer, obviously his lack of In saying that, it doesn’t mean they tunity, would he change anything experience as a judge, never having don’t have rights to speak freely about about his remarks about Justice Alito. served as a judge, it is impossible for their strongly held views. They do. In response, Mr. Liu claimed that he me to trust his assurances that now all That is what we do here in the legisla- regrets having written that passage, of a sudden he will calmly and impar- tive branch. That is not what we ex- calling it ‘‘unduly harsh and provoca- tially apply the law as written by Con- pect out of a life-tenured judge. We ex- tive.’’ gress or as written in the Constitution pect judges to be impartial, to render Well, Professor Liu waited 4 years to of the United States. justice, and to decide cases, not to be provide that semi-apology to Justice I would cite just one other example roving policymakers making the coun- Alito for these shameful remarks. Like of my experience on the Judiciary try into their image of what it should so many nominees who come before the Committee, this one involving now be. We cannot vote for these judges. Senate Judiciary committee, they Justice Sonia Sotomayor. Justice Judges are appointed and they serve seem to undergo a nomination conver- Sotomayor is a charming woman. She for a lifetime. In return for that life- sion that changes the tone and nature came into the Senate Judiciary Com- time appointment and that protection of their remarks and attitudes. Frank- mittee hearings and won over many from the sort of accountability that ly, we cannot depend on this conver- people who were, frankly, a little skep- other elected officials are required to sion sticking. We need greater assur- tical of her nomination based on some have, we understand and our Constitu- ance that the nominees who come be- of her previous writings and speeches. tion provides, that they have a limited fore the Senate are going to exercise a But I remember one particular ques- but important role, and that is to sort of dispassionate judgment that we tion, she was asked whether she ac- apply the law as written, apply the expect of judges. cepted as an individual right the guar- words of the Constitution as written, Frankly, Professor Liu has shown antee in the second amendment of the and not to sort of make it up as you go himself capable of incredibly poor judg- Constitution the right to keep and bear along or to dream up new rights along ment—and not just one time. After arms, and she said she did. She accept- the way that are not subject to a vote Chief Justice Roberts was nominated ed a decision in a case called the Heller of the American people, or subject to to the Supreme Court, Mr. Liu again case that said that was an individual an election. went out of his way to criticize then- right of a citizen.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3129 A few months later, in a case called tion somehow guarantees a European- rise to a cognizable constitutional wel- McDonald v. Chicago, she wrote a dis- style welfare state. We are engaged in fare right if it has ‘‘sufficient ambition senting opinion from a Supreme Court a very important debate on the floor of and durability, reflecting the outcome decision where she said the right to the Senate, and during the course of of vigorous public contestation and the keep and bear arms is not a funda- this vote on the debt ceiling—which I considered judgment of a highly en- mental right. suppose we will have sometime in July, gaged citizenry.’’ You can parse the words, ‘‘an indi- or not—with whether we are going to That is a mouthful. What he is say- vidual right,’’ ‘‘a fundamental right,’’ continue to be an opportunity society ing is, once the legislature passes a but to me it is clear that Justice or whether we have become an entitle- law, the legislature has no power to re- Sotomayor, during her confirmation ment society, a welfare state. peal that law because it somehow then hearings, tried to parse the words in a Professor Liu, in his article, ‘‘Re- is transformed into a constitutional way so as not to raise alarms about her thinking Constitutional Welfare right and beyond the power of Congress commitment to the Bill of Rights and Rights,’’ has argued that the Constitu- to change. That is radical. the second amendment to the Constitu- tion includes an ‘‘affirmative right to Professor Liu’s writings also have tion. But then once she was confirmed health insurance, childcare, transpor- suggested his unconventional belief as a judge on the Highest Court in the tation subsidies, job training, and a ro- that the death penalty is unconstitu- land—of course, she serves for life with bust earned-income tax credit.’’ tional, that same-sex marriage is a no accountability either to Congress or I must have missed that in my copy constitutional right, and that it is ap- to the voters, and she, indeed, serves of the Constitution. I do not remember propriate for judges to consider foreign with impunity, even though her testi- the Founding Fathers writing in the law when reaching their legal conclu- mony before the committee and her de- Constitution, nor the States ratifying sions about what American law means. cisions, once on the Court are incon- language in the Constitution, that Taken as a whole, Professor Liu’s sistent. guarantees a right to a robust earned- record demonstrates that he would use We just cannot take a chance that income tax credit. When Senator SES- his position as a Federal judge to advo- Professor Liu has somehow had a true SIONS gave Professor Liu the oppor- cate his ideological theories and under- conversion in his views and his atti- tunity to clarify his views in April 2010, mine the well-settled principles of the tudes during the nomination process. he replied: U.S. Constitution. That is simply unac- Aside from his questionable tempera- I do believe that, Senator. But those argu- ceptable to me. I think it should be un- ment, Professor Liu’s activist views of ments are addressed to policymakers, not acceptable to the Senate. the law are equally troubling. In his the courts. Given his lack of temperament, his book called ‘‘Keeping Faith with the I think Professor Liu is being dis- poor judgment, and his activist view of Constitution,’’ Professor Liu summa- ingenuous, and I am trying to be chari- the role of judges and the law, I am left rizes activist philosophy in this way. table. When he says the Constitution with no choice but to fight Professor He said: includes these rights but says those ar- Liu’s confirmation with every tool at Fidelity to the Constitution requires guments are addressed to policy- my disposal. judges to ask not how its general principles makers, not the courts, he is denying Madam President, I yield the floor. would have applied in 1789 or 1868, but rather that a court that might agree with him The PRESIDING OFFICER. The Sen- how those principles should be applied today might enforce those rights as a matter ator from Delaware. in order to preserve their power and meaning of constitutional law. This is not just Mr. COONS. Madam President, I rise in light of the concerns, conditions, and addressed to policymakers. That is not today to continue to express my views evolving norms of our society. being honest. I do not blame him if he in support of the nomination of Pro- What does that mean? Does that has an honestly held view about these fessor Goodwin Liu, a nominee, as you mean the words on the page do not nec- matters. I would welcome candor in ex- know, to the Ninth Circuit Court of essarily mean what they say; that a pressing those strongly held views. But Appeals. Much has been said on the judge is going to somehow subjectively they are views more appropriately ex- Senate floor in recent hours, and I rise read into those words what the evolv- pressed in the court of public opinion to offer my comments on some of the ing norms of our society are and to where we debate the values and mean- concerns that are being debated. change an outcome to decide a case, to ing of our laws and what kind of coun- For once, it is great to actually hear decide what our Constitution means try we want this to be, not in people debate on the floor of this Chamber. I based on their subjective impression of who want to be judges and impose have been here, as you know, Madam those words and what evolving norms those views as a matter of judgment in President, just 6 months. As someone in society means? an individual case, transforming the who is new to the Judiciary Com- That is sometimes called a doctrine written Constitution into something mittee, new to the debates and dialog of believing in a living Constitution; completely different than what each of of this Chamber, I am struck at the that the words on the page are mutable us can read on a printed page or what things I am hearing about Professor or changeable and can morph over time we learned in school our Constitution Goodwin Liu and the significant diver- and mean different things based on a actually means. gence between what I have found in judge’s interpretation of what those In other words, Professor Liu be- questioning him, looking at his record, evolving norms are. To me, that is a li- lieves the Constitution contains an and speaking with my colleagues and cense to lawlessness. It is a license for unenumerated list of goods and serv- what I have heard on the floor just a judge—an unelected, lifetime-tenured ices, such as free health insurance, today. individual who takes an oath to uphold daycare, and bus passes that Federal I will do my best to try and lay out the Constitution and laws of the legislators must provide to every cit- what I see as the real record of the real United States—that is untethered to izen. Professor Goodwin Liu, a nominee to any concept of what the law means, It is not difficult to see how an activ- the Ninth Circuit Court of Appeals. something that can be applied with ist judge might one day use Professor Some have come to the floor today equal application to every man, Liu’s theory to force Congress to pro- and argued that Professor Liu lacks woman, and child in America and gives vide for these lavish welfare benefits, the candor or the temperament to a judge a chance to impose their polit- even though our country faces a his- serve on a circuit court. As someone ical or ideological views on what the toric debt crisis, as we do now. What is who clerked for the Third Circuit Court Constitution means. That is dangerous, more, Professor Liu has suggested that of Appeals for a distinguished judge, I it is lawless, and it is not upholding under his view of the Constitution, it will suggest something that I think is the Constitution that we, even as Mem- may be unconstitutional to repeal cer- commonplace, which is that candor and bers, swear to uphold in our different tain welfare programs once they are an appropriate temperament are crit- jobs as policymakers. enacted. ical to service on a circuit court of ap- Particularly troubling for Professor For example, in ‘‘Rethinking Con- peals. Liu is his controversial and, I would stitutional Welfare Rights,’’ Professor A lot of these charges raised against say, ridiculous view that our Constitu- Liu wrote that legislation may give Professor Liu seem to center on a few

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3130 CONGRESSIONAL RECORD — SENATE May 19, 2011 comments that Professor Liu made YouTube age this professor, who pro- Like Professor Liu, Professor McCon- during the nomination hearing for vided us with hours of testimony, pages nell was a widely regarded law pro- now-Justice Alito or some purported of responses, failed to notice the com- fessor who was nominated to a Federal deficiencies in his disclosures to the mittee about some brown bag lunches appeals court without having first Judiciary Committee. Let me speak and off-the-cuff comments rises to the served as a judge. Many Democratic briefly to both of those, if I may. standard of justifying a filibuster. Senators at the time had concerns Professor Liu has apologized at Let me next turn to the suggestion about Professor McConnell’s conserv- length and in detail for the intem- that he is insufficiently qualified to ative writings, which included strong perate tone of one brief passage that he hold the position of circuit judge—an opposition to Roe v. Wade, congres- wrote as part of his testimony before important concern, because we want sional testimony that the Violence the Judiciary Committee during the judges of judicial temperament, of Against Women Act was unconstitu- Alito nomination hearings now some 6 openness and candor and good char- tional, and harsh criticism of the Su- years ago. I take this apology at face acter, and also those who are suffi- preme Court’s 8-to-1 decision in the value. I take his expression of regret at ciently experienced. As I said a mo- Bob Jones case. Despite these posi- the tone at face value. But anyone who ment ago, the American Bar Associa- tions—which one could argue are at the has taken the time to meet him, to tion, after conducting a confidential outer edge, even the extreme of the interview him, to question him, I think and comprehensive review of his quali- legal canon at the time—Professor has to conclude that despite this one fications, concluded he was ‘‘unani- McConnell was confirmed, not after a brief episode of the use of intemperate mously well-qualified’’—its highest filibuster, not after a long series of language, he is not an intemperate per- possible rating. grinding nomination hearings and pub- In previous nomination debates, Sen- son. lic discourse, but Professor McConnell ators of this body, Senators of the In fact, the American Bar Associa- was confirmed by voice vote of this other party, have touted the ABA rat- tion, as my colleague, Senator BOXER, Chamber 1 day after his nomination ing as a comprehensive and exhaustive pointed out previously today, specifi- was confirmed by the Judiciary Com- evaluation that provides valuable in- cally considered Professor Liu’s tem- mittee. perament when it gave him its highest sight that ought to be trusted. Several Members of this body—several Sen- In supporting Professor McConnell’s rating of ‘‘unanimously well qualified’’ ators—including some who spoke im- nomination, Democratic Senators at in the recommendation for his consid- mediately before me have made those the time credited his assurances that eration by this body. exact references to the value of the he understood the difference between Let me next turn briefly to claims ABA rating process. Reasonable minds the role of law professor and judge and about candor before the committee may be able to differ on the margins, that he respected and would follow which I believe are equally unfounded. but it is not credible, in my view, to precedent. In my view, the Senators of He has, in fact, testified before the Ju- claim a candidate with Professor Liu’s this body should credit similar assur- diciary Committee for a total of 5 remarkable legal education, long ances that Professor Liu has provided hours and answered hundreds of ques- record of public service and experience, during his confirmation hearings and tions and requests for additional infor- and the ABA’s highest rating is not that Professor Liu has provided to me mation. He has been sharply criticized qualified to serve on a circuit court. in an individual interview in answer to for missing some documents from his The charges or suggestions that Pro- hundreds of written questions from initial response to what is a searching fessor Liu is unqualified because he is members of the committee as well as committee questionnaire. young or because he lacks significant in answer to challenges presented here. I will comment for those following courtroom experience are also hollow Let me next turn to some challenges this debate that Professor Liu has been and one-sided when we look at the real or concerns that have been raised a prolific scholar and speaker. He is record. Since 1980, 14 nominees younger about Professor Liu’s view on edu- someone who has published exten- than Professor Liu—advanced by Re- cation. A bipartisan group of 22 leaders sively. He is someone who has spoken publican Presidents—have all been con- in education law, policy, and research extensively. He is the first controver- firmed. For example, Judge Neil have written to support Professor Liu’s sial circuit court nominee to have his Gorsuch, on the Tenth Circuit, was 38 nomination and to highlight his schol- nomination take place not just in the when nominated; Judge Brett arship and reputation in the field of computer age but in the YouTube age Kavanaugh, an acquaintance and, I education law and policy. They wrote: when a combination of cell phones and would say, friend of mine from law Based on his record, we believe Professor video recorders have literally made a school—now on the DC Circuit—was 38 Liu is a careful, balanced, and intellectually record of every bag lunch, every 5- when nominated; and now-Justice honest scholar with outstanding academic minute speech, every off-the-cuff re- Samuel Alito was 39 when nominated qualifications and the proper temperament mark made by this nominee before us. to the Third Circuit. to be a fair and disciplined judge. The argument that his need to sup- Republican nominees with similar or Later, they wrote in this letter: plement the record with some docu- lesser practical courtroom experience His work is nuanced and balanced, not dog- ments not initially produced and that than Professor Liu have also been nom- matic or ideological. somehow that reflects some lack of inated and confirmed. Circuit Court Madam President, I ask unanimous candor, and somehow that suggests a Judge Frank Easterbrook and J. consent to have printed in the RECORD lack of truthfulness that should dis- Harvie Wilkinson were both under 40 the letter to which I just referred. qualify him not for a vote but not even when nominated without any prac- There being no objection, the mate- for a consideration of a vote is wholly ticing legal experience at all. Yet this rial was ordered to be printed in the without merit. lack of practical experience didn’t pre- RECORD, as follows: As the White House Chief Ethics vent either of these judges from becom- MARCH 23, 2010. Counsel under President Bush, Richard ing the most well respected and widely Re Federal Judicial Nomination of Goodwin Painter, has written: Professor Liu’s regarded in their circuits. H. Liu, U.S. Court of Appeals for the ‘‘original answers to the questions’’— I would ask my colleagues to seri- Ninth Circuit. asked by the Judiciary Committee— ously consider looking instead at the Hon. PATRICK J. LEAHY, ‘‘was a careful and good-faith effort to standard that was applied when a simi- Chairman, Committee on the Judiciary, U.S. supply the Senate with the information larly controversial professor came be- Senate, Washington, DC. it needed to assess his nomination.’’ fore this body. I was not here at the Hon. JEFF SESSIONS, It means a great deal to me that time, but I understand from the record Ranking Member, Committee on the Judiciary, someone such as Mr. Painter concluded that Democratic Senators approached U.S. Senate, Washington, DC. DEAR CHAIRMAN LEAHY AND RANKING MEM- that Professor Liu provided a lot more the nomination of Michael McConnell, BER SESSIONS: We are a bipartisan group of 22 information than most nominees do in President George W. Bush’s nominee to leaders in education law, policy, and re- similar circumstances. Frankly, it the Tenth Circuit, in a way that was search who support the nomination of Pro- seems to me overreaching to try to generous and that accepted at face fessor Goodwin Liu to be a judge on the U.S. suggest that simply because in the value some of his assertions. Court of Appeals for the Ninth Circuit. Your

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3131 committee will undoubtedly receive much cational Research and Improvement, U.S. mittee, are well within the main- commentary about Professor Liu’s scholarly Department of Education, 1989–91. stream. work in constitutional law. We write to Linda Darling-Hammond, Charles E. Professor Liu has written and spoken highlight his scholarship and reputation in Ducommun Professor of Education, Stanford about his support for diversity in pub- the field of education law and policy. Collec- University. tively, we have read his work in this area; we James Forman Jr., Professor of Law, lic schools and, in my view, there is have seen him speak at many panels and Georgetown University Law Center; Co- nothing extreme in this view. Ever conferences; and some of us have worked Founder and Board Chair, Maya Angelou since Brown v. Board of Education was closely with him on research projects or on Public Charter School.* decided by a unanimous Supreme Court policy issues when he served in the U.S. De- Patricia Ga´ ndara, Professor of Education in 1954, the Supreme Court of the partment of Education. Based on his record, and Co-Director of The Civil Rights Project/ United States has recognized the legit- we believe Professor Liu is a careful, bal- Proyecto Derechos Civiles, UCLA. imacy of State action to desegregate anced, and intellectually honest scholar with James W. Guthrie, Senior Fellow and Di- schools. outstanding academic qualifications and the rector of Education Policy Studies, George proper temperament to be a fair and dis- W. Bush Institute. In fact, the Supreme Court upheld ciplined judge. Eric A. Hanushek, Paul and Jean Hanna the use of race as one factor in admis- Professor Liu is one of the nation’s leading Senior Fellow, Hoover Institution, Stanford sions decisions in the 2003 case of experts on educational equity. His scholarly University. Grutter v. Bollinger. Although some on work on topics such as school choice, school Frederick M. Hess, Director of Education the far right of the Supreme Court finance, desegregation, and affirmative ac- Policy Studies American Enterprise Insti- have argued that both Brown and tion is unified by a deep and abiding concern tute. Grutter should be disregarded to the for the needs of America’s most disadvan- Paul Hill, John and Marguerite Corbally extent they recognize the permissi- taged students. In analyzing problems and Professor and Director of the Center on Re- proposing solutions, Professor Liu’s writings inventing Public Education, University of bility of efforts to achieve diversity in are thorough, pragmatic, and scrupulously Washington. public institutions, it is, I would argue, attentive to facts and evidence. His work is Richard D. Kahlenberg, Senior Fellow, The those Justices who are out of step with nuanced and balanced, not dogmatic or ideo- Century Foundation.* the mainstream of Federal jurispru- logical. For example: Joel I. Klein, Chancellor, New York City dence and of the constitutional tradi- He has argued for more resources for low- Department of Education; Assistant Attor- tion of this country. performing schools while also advocating ney General, Antitrust Division, U.S. De- Even in its most recent case on greater opportunities, including school partment of Justice, 1997–2001. point, the 2007 decision in Parents In- vouchers, to enable disadvantaged students Ted Mitchell, President and Chief Execu- to choose better schools. tive Officer, NewSchools Venture Fund. volved v. Seattle School District, He has argued for greater equity in school Gary Orfield, Professor of Education, Law, which struck down a specific desegre- finance while also urging reforms that would Political Science, and Urban Planning and gation program, five of the nine Jus- loosen regulations and increase local control Co-Director of The Civil Rights Project/ tices who made up the majority agreed over spending decisions. Proyecto Derechos Civiles, UCLA. with Liu that achieving diversity re- He has praised the No Child Left Behind Michael J. Petrilli, Vice President for Na- mains a compelling governmental in- Act for focusing education policy on achieve- tional Programs and Policy, Thomas B. ment outcomes and inequities while also terest. Fordham Institute; Research Fellow, Hoover The notion that somehow Professor urging reforms to ameliorate the Act’s unin- Institution, Stanford University; Associate tended negative consequences. Assistant Deputy Secretary, Office of Inno- Liu is an idealog on these issues is He has argued that the Fourteenth Amend- vation and Improvement, U.S. Department of belied by his actual record. As a schol- ment guarantee of national citizenship en- Education, 2001–05. ar, Professor Liu has supported mar- compasses a duty to provide adequate edu- Richard W. Riley, Partner, Nelson Mullins ket-based reforms to promote school- cation while emphasizing that the responsi- Riley & Scarborough LLP; U.S. Secretary of house diversity—reforms that are often bility for enforcement belongs to Congress, Education, 1993–2001; Governor of South labeled conservative. Professor Liu be- not the judiciary. Carolina, 1979–87. He has written in support of affirmative lieves, and has written in support of, Andrew J. Rotherham, Co-Founder and action while also emphasizing that affirma- school choice and school vouchers, Publisher, Education Sector. tive action primarily benefits middle- and James E. Ryan, William L. Matheson & stating they have a role to play in im- high-income minorities and does not do Robert M. Morgenthau Distinguished Pro- proving educational opportunities for enough to promote socioeconomic diversity. fessor of Law, University of Virginia School disadvantaged children. He has pub- We do not necessarily agree with all of of Law. licly advocated for these programs on a Professor Liu’s views. But we do agree that William L. Taylor, Chairman, Citizens’ his record demonstrates the habits of rig- nationwide scale, earning praise from Commission on Civil Rights. orous inquiry, open-mindedness, independ- conservatives in the process. Martin R. West, Assistant Professor of ence, and intellectual honesty that we want Clint Bolick, director of the conserv- Education, Harvard University. and expect our judges to have. His writings ative Goldwater Institute—referred to Judith A. Winston, Principal, Winston are meticulously researched and carefully Withers & Associates, 2002–2009; General previously by my colleague, Senator argued, and they reflect a willingness to con- Counsel, U.S. Department of Education, 1999– BOXER—has written: sider ideas on their substantive merits no 2001, 1993–97. I have known Professor Liu . . . since read- matter where they lie on the political spec- Bob Wise, President, Alliance for Excellent ing an influential law review article he coau- trum. Moreover, we are confident in Pro- Education; Governor of West Virginia, 2001– thored . . . supporting school choice as a so- fessor Liu’s ability to decide cases based on 2005; Member, U.S. House of Representatives, lution to the crisis of inner-city public edu- the facts and the law, regardless of his policy 1983–2001. cation. It took a great deal of courage for views. His scholarship amply demonstrates (* affiliation listed for identification pur- [him] to take such a strong public position that kind of intellectual discipline, and our poses only) . . . I find Professor Liu to exhibit fresh, high regard for his work is widely shared. In- independent thinking and intellectual hon- deed, the Education Law Association se- Mr. COONS. Madam President, dur- esty. lected Professor Liu in 2007 to be the first- ing his confirmation hearings, Pro- ever recipient of the Steven S. Goldberg fessor Liu said this, in testifying before He closes his letter by saying: Award for Distinguished Scholarship in Edu- the Judiciary Committee: He clearly possesses the scholarly creden- cation Law. I absolutely do not support racial quotas, tials and experience to serve with distinction In short, Professor Liu is exceptionally and my writings, I think, have made very on this important court. qualified to serve on the federal bench. He clear that I believe they are unconstitu- would make an outstanding judge, and we Professor Liu has, in my view, made tional. urge his speedy confirmation. very clear that he understands the dif- Sincerely, Professor Liu also stated to the com- ference between being a law professor, Cynthia G. Brown, Vice President for Edu- mittee: a scholar and advocate, and a judge. He cation Policy, Center for American Progress I think affirmative action, as it was origi- has assured us during his nomination Action Fund. nally conceived, was a time-limited remedy hearings before the committee and Michael Cohen, President, Achieve, Inc.; for past wrongs, and I think that is the ap- again in personal conversations with Assistant Secretary for Elementary and Sec- propriate way to understand what affirma- me he would follow the court’s prece- ondary Education, U.S. Department of Edu- tive action is. cation, 1999–2001. dent if confirmed. During his confirma- Christopher T. Cross, Chairman, Cross & These two statements, which reflect tion hearings Professor Liu testified to Joftus LLC; Assistant Secretary for Edu- Professor Liu’s testimony to the com- our committee:

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3132 CONGRESSIONAL RECORD — SENATE May 19, 2011 [I]f I were fortunate enough to be con- vote. Why on Earth this record of this The best way to find that out is, be- firmed in this process, it would not be my exceptionally qualified man would jus- fore they ever thought about being role to bring any particular theory of con- tify a filibuster is utterly beyond me nominated and before they are trying stitutional interpretation to the job of an in- and suggests that, unfortunately, we to be controversial in a teaching envi- termediate appellate judge. The duty of a circuit judge is to faithfully follow the Su- have become mired in partisanship ronment, what are their great thoughts preme Court’s instructions on matters of rather than allowing debate and votes and what are their beliefs. I do not be- constitutional interpretation, not any par- on this floor, which, in my view, if we lieve professors write articles to be ticular theory. And so that is exactly what I followed the best traditions of this controversial. I believe they write arti- would do, I would apply the applicable prece- body, would lead to the confirmation of cles based on what their learned re- dents to the facts of each case. Goodwin Liu to the Ninth Circuit. search tells them. I just have a frank As I said before, and I will say again, Madam President, I yield the floor. disagreement with Professor Liu on the I believe this quote from Professor Liu The PRESIDING OFFICER. The Sen- role of a Federal judge. deserves exactly the same weight and ator from Oklahoma. I actually believe what the Constitu- deference and confidence as similar as- Mr. COBURN. Madam President, I tion says. It says: sertions by then-Professor McConnell, would tell my colleague from Delaware The judicial Power should extend to all now Circuit Court Judge McConnell, that he makes some very excellent Cases, in Law and Equity, arising under when he was confirmed by voice vote in points and they were very well stated. this— this Chamber. To speak otherwise is to I have spent a number of years—now And the word is ‘‘this’’— do violence to the tradition of def- almost 7—on the Judiciary Committee, Constitution, the Laws of the United erence to those who give sworn testi- and my observations make me pain- States, and the Treaties made, or which mony, to hearings, and to the delibera- fully aware of our process. Goodwin shall be made. . . . tions of this body. Liu is a stellar individual. There is no The problems I have with Professor Last, let me turn to some points that question about it. He is a stellar schol- Liu are that I believe he advocates for were raised recently about whether ar. There is no question about it. But an unconstitutional role for judges. He Professor Liu believes Americans have my observations have taught me, as we believes the Constitution is a living a constitutional right to welfare bene- have voted and put judges on the appel- document, that it is indeterminate. fits, such as education, shelter, or late court and on the highest Court, I recognize I am just a doctor from health care; and, if confirmed, would that what is said in testimony before Oklahoma and I don’t have a law de- somehow declare those constitutional the committee doesn’t bear out or have gree, but I can read these words as rights from the bench. any impact on what happens once plain as anybody else. I don’t think Professor Liu has authored, as I have somebody becomes a judge. My obser- they are indeterminate. I think some said, many different Law Review arti- vation is that people are who they are. of the things our Founders did were cles, and in one, the 2008 Stanford Re- I actually spent a significant time wrong, and we have corrected them view Article, entitled, ‘‘Rethinking with Goodwin Liu. I think he is a gen- through the years, through wise Su- Constitutional Welfare Rights,’’ he, in uine great American. The question, preme Court decisions, but also fact, criticized another scholar’s asser- however, is not whether he is a stellar through amendments to the Constitu- tion from a 1969 article that courts scholar, of stellar intellect, or whether tion. should recognize constitutional welfare he is a great American. The question He also believes the Constitution rights on the basis of a so-called ‘‘com- is: Do his beliefs match what the Con- should be subject to ‘‘socially situated prehensive moral theory.’’ Professor stitution requires of appellate judges modes of reasoning that appeal cul- Liu rejected that. and higher judges. And I have come to turally and historically to contingent In 2006, he penned a Yale Law Review the conclusion that being stellar and meanings.’’ What that says to me is article that argued the 14th amend- being a great teacher and professor, what this says is wide open. ment authorizes and obligates Congress being a wonderful judge, is not enough. I really like the guy. I got along to ensure a meaningful floor of edu- I take the words to heart, that my col- fabulously with him. He is a wonderful cational opportunity. league said, because we all make mis- individual. But I don’t think he is who His record is replete with sources takes. His comments on Judge Alito we want on the appellate court. I think that make it clear Professor Liu re- and Judge Roberts, he said, were poor what potential judges say and write, spects and recognizes the role of this judgment; he should not have done it. when we take the totality of what they body—of Congress—and the role of the There is not anybody in this body who say and write—not what they say at a Supreme Court in establishing, inter- has not done the same thing, so we hearing because it all changes once preting, and applying both precedent cannot hold that against him, and I do they are nominated—what they say and constitutional theory, and that he not. and write is very important about what accepts, acknowledges, and will respect But what I do think matters is kind of judge they are going to become. the very real limits on a circuit court whether the oath to the Constitution You heard Senator CORNYN relate judge in innovating in any way. and our laws and our treaties and the about Justice Sotomayor, based on Madam President, in closing, allow foundational documents of our Con- ‘‘here is her testimony,’’ and in the me to simply share with you and the stitution do matter. I believe that first case what she does is exactly op- Members of this body that—new to this where we find ourselves today as a posite of what her testimony does but body, new to the fights that have di- country—not having the debates on the is totally consistent with what her be- vided this Chamber and have deflected Senate floor as we should be having the liefs were and her writings in previous real deliberation on nominees to cir- debates on the Senate floor—is par- cases. It used to be the Judiciary Com- cuit courts and the Supreme Court—I tially to blame because of where the mittee didn’t bring the judges before have taken the time to review his judges have put us. They have not been them. We looked at the history. writings, to interview him individ- loyal to the document. They expanded Let me address something else. What ually, to attend the nomination hear- the commerce clause well beyond its the ABA says doesn’t matter to me ing, and have come to the conclusion ever-anywhere-close intent. The gen- anymore because there was a con- that candidate, nominee Professor eral welfare clause, that now finds us troversial nominee from Oklahoma the Goodwin Liu is a qualified, capable, at a time when we are nearing bank- ABA rated ‘‘qualified,’’ when four dis- competent, in fact, exceptional legal ruptcy, and we cannot get out of our tinct people interviewed by the ABA scholar, who understands and will re- problems without retracting tremen- said the individual wasn’t qualified, spect the differences between advocacy dously the size and scope of the Federal and that was totally discounted by the and scholarship and serving as a mem- Government. We cannot grow our econ- ABA. The people who were actually ber of the circuit court in the Judici- omy with the tax revenue increases interviewed said the person was not ary of the United States. that are going to be required to get out qualified. The ABA gave them a ‘‘quali- I urge the Members of this body, I of this problem. It comes back down to fied’’ rating anyway. These are their urge my colleagues to take a fresh look what do they believe about the Con- peers. That basis for saying we have at the record and to allow this body to stitution. qualifications is no longer trustworthy

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3133 in my mind and hasn’t been for some I see the assistant majority leader on esting, the double standard that is time. I think the due diligence is lack- the Senate floor, and I will yield to being applied? ing in the ABA and their method for him. I was here in 2002 when a Tenth Cir- scoring who is qualified or who is not. The PRESIDING OFFICER. The Sen- cuit Court of Appeals nominee by the The final point I would make is, al- ator from Illinois. name of Michael McConnell was up to though he has written a lot, and a lot Mr. DURBIN. Madam President, at 2 be considered. He had been a law pro- of it has been controversial, one of the o’clock we will have a vote on the Sen- fessor at the University of Utah and things that really bothers me is his ate floor. A man is seeking a judgeship. the University of Chicago. At his nomi- profound belief that he has the right to There is no question in anybody’s mind nation hearings, Senator ORRIN HATCH, use foreign law to interpret the U.S. that this is a judgeship that should be who strongly supported his nomina- Constitution. That is really code word filled. Professor Goodwin Liu wants to tion, said: for saying: If I do not like what is writ- serve in the U.S. Circuit Court of Ap- I think we should praise and encourage the ten in this document, I will go find peals for the Ninth Circuit. He was prolific exchange of honest and principled some jurisprudence somewhere else and nominated in February of 2010. Here we scholarly writing, assuming such scholars apply it to this document that gets me are in May of 2011. The significance of know the proper role of a judge to interpret the law as written and to follow precedent. the result I want, rather than being that delay is the fact that this is a va- truthfully and honestly obedient to cancy that causes a problem. The Ad- What was Senator HATCH defending what this document says. ministrative Office of the U.S. Courts— in Professor McConnell’s background? I know that sounds overly simple, no political office but the court’s of- It was the fact that he had called Roe but it is not. The fact that we are not fice—declared a judicial emergency in v. Wade, a landmark Supreme Court applying our Constitution and its this circuit and said they need this va- decision, ‘‘illegitimate.’’ Professor meaning and what our Founders said cancy filled. So nobody questions that McConnell had defended Bob Jones about what it meant and we are ignor- there is at least a sense of urgency in University’s racist policies on the ing it is one of the things that has put filling the seat. grounds that they were ‘‘church teach- us in the perilous state we are in So you ask yourself, if the President ings,’’ even though the Supreme Court today. nominated someone back in February rejected his argument in an 8-to-1 deci- We are going to have a great test of 2010, why in May of 2011 are we just sion, and he claimed the Violence sometime in the next year on the mas- getting around to it? I think that ques- Against Women Act was unconstitu- sive expansion of the commerce clause tion needs to be directed to the other tional. that was put in the law through the Af- side of the aisle. They have found rea- That was fodder for a lot of questions fordable Care Act. I will predict in this sons to delay this and to raise ques- that should have been asked and were body today, if that is upheld, there will tions which have brought us to this asked. He had made some very extreme be no need for State and local govern- moment. statements as a professor. But Pro- ments anymore because there will be So how about this professor? Is he fessor McConnell assured the Senate no limitation on what we as a Federal qualified to serve at the second highest that when he left the classroom and en- Government can do to limit the free- level of courts in America on the Ninth tered the courtroom he would put his dom and free exercise of the tenth Circuit? The American Bar Association views aside and follow the law. The amendment to the States. did not waste any time evaluating Pro- Senate did not stop him with a fili- The idea that one can take what this buster. The Senate took Professor Constitution very clearly says: ‘‘all fessor Goodwin Liu. They awarded him their highest possible rating—‘‘unani- McConnell at his word and gave him an cases in law or equity arising under up-or-down vote on the Senate floor, this Constitution’’—not foreign law, mously well-qualified.’’ If we look at his background, it is no surprise. and he was confirmed. That is all we not foreign constitution, not foreign are asking for when it comes to Pro- thought, but our law—it does not mean The son of immigrants, he attended Stanford University, where he grad- fessor Liu. I point out that other well- we cannot learn from other things, but respected Federal judges have also we cannot use foreign law to interpret uated Phi Beta Kappa. He won a Rhodes Scholarship, attended Yale Law served in academic roles before coming our Constitution. It is a violation of a to the bench. judicial oath every time one of our Su- School, where he was editor of the Yale Law Review. He served as a law clerk Richard Posner of the Seventh Cir- preme Court Justices references their cuit in Chicago is a friend of mine. opinion based on foreign law. It is a to Judge Tatel of the DC Circuit and to Supreme Court Justice Ruth Bader Every once in a while we get together violation of their oath because their for an amazing lunch. He is such a bril- oath is to this Constitution, not some Ginsburg. After finishing his second clerkship, liant guy. We disagree on so many other constitution. So we see that oc- things, but I can’t help but sit there in casionally, especially in minority opin- the one at the Supreme Court, he worked for years at the law firm of awe of this man’s knowledge of the law ions, and oftentimes in previous major- and of the world and his prolific au- ity opinions, that have gotten our O’Melveny & Myers in Washington. Then he joined the faculty at the Uni- thorship of books on so many subjects. country into the problem we are in. I think most would agree he has I believe Goodwin Liu a generally versity of California-Berkeley Law School. He has won numerous awards taken some pretty controversial views wonderful man. He is a stellar intellec- himself. In a 2005 debate on civil lib- tual thinker. By reports he is an out- for his teaching and academic scholar- ship, including the highest teaching erties with Geoffrey Stone, Judge standing professor and is a great Posner said: human being. That does not qualify award given at the Cal-Berkeley Law Life without the self-incrimination clause, him to be on the Ninth Circuit Court of School. What is the point of this debate? We without the Miranda warnings, without the Appeals. What will qualify him is abso- Fourth Amendment’s exclusionary rule, with lute fidelity to our Constitution and know he is well qualified. We know an unamended USA PATRIOT Act, with a de- our future and not the creative ways there is a judicial emergency that re- piction of the Ten Commandments on the that we can change that through our quires us to fill this seat—and we ceiling of the Supreme Court, even life with- own wills or whims of judges to get a should have done it a long time ago. out Roe v. Wade would still, in my opinion result that is different than what our When we look at his resume, it would anyway, be eminently worth living. Constitution would say that we should put every lawyer, including myself, to Is there any fodder there for political have. shame, when we consider all that he commentators? He was a sitting judge So I, regretfully—and it is truly with has done leading up to this moment in when he said that. Some of my friends regret—will be voting against cloture his career. on the left would have had a field day for his nomination because I do not It turns out those who oppose him do with that quote. like this process. I think it hurts us. I not oppose his qualifications. They Some of my friends on the right think it divides our body. My hope is think he has the wrong philosophy, the might have disagreed strongly with we can handle these in the future much wrong values. They criticize him for a Judge Posner when he wrote an article better than we have handled them in handful of statements he made while about the 2008 Supreme Court decision the past. he served as a professor. Isn’t it inter- in DC v. Heller, a case where the court

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3134 CONGRESSIONAL RECORD — SENATE May 19, 2011 stated the Second Amendment right to election. We don’t want to allow this So far as I know, it was only after he bear arms confers an individual right. President to fill these vacancies, and was nominated to be a judge on the Judge Posner wrote that the Court’s particularly when it comes to the cir- U.S. Court of Appeals for the Ninth decision in Heller ‘‘is questionable in cuit courts because of the tremendous Circuit that Professor Liu offered any both method and result, and it is evi- responsibility and opportunity there is apology for his testimony about Jus- dence that the Supreme Court, in de- for important and historic decisions. tice Alito. A few weeks ago, Professor ciding constitutional cases, exercises a So Professor Liu has been caught in Liu told members of the Judiciary freewheeling discretion strongly fla- this maelstrom. He is now going to be Committee that he had learned from vored with ideology.’’ subjected to this filibuster vote. I sin- the outrage his remarks caused ‘‘that I suspect there are a lot of Senators cerely hope my colleagues will be fair strong language like that is really not on the other side of the aisle who dis- and honest in their vote. I hope they helpful in the process.’’ Professor Liu’s agree with that quote. will look at the obvious record of this observation is certainly true, but it So let’s get down to the bottom line. man to fill an important vacancy, a misses the central point. His comments We recognize the value of academic man found unanimously ‘‘well quali- about Justice Alito were offensive not freedom and discourse. We understand fied’’ by the American Bar Association, simply because they were unhelpful in a professor has a different role in a person with a legal resume that is his confirmation process, but because America than someone sitting on a peerless, someone who has stated pure- they were misleading and they were an bench judging a case. We trust them. ly and unequivocally that he will fol- unwarranted personal attack on a dedi- low the law. To dwell on statements he We give them basic credit for integrity cated judge and public servant. when they say they can separate the has made as a professor is to do a great disservice to academic freedom and to Professor Liu’s treatment of Justice two lives. They understand the two re- Alito and his last-minute and incom- sponsibilities. ignore the obvious. When Republican nominees came before us, we have used plete handling of the concerns raised Professor Liu is a man widely recog- by his remarks lead me to believe that nized for his integrity and independ- our discretion to separate out their academic lives with their promise that he lacks the basic judgment and discre- ence. That is why he has the support of as judges they will look at the world in tion necessary to be confirmed to a prominent conservative lawyers. Ken- a very sober, honest way. life-tenured position in the judiciary. neth Starr—no hero on the Democratic I intend to vote in support of cloture side of the aisle—has said he would be The second reason I feel compelled to and in support of this nomination. I oppose this nomination has to do with a great judge. Bob Barr, former Repub- urge my colleagues to do the same. lican Congressman, and Goldwater In- the integrity of our Nation’s system of Madam President, I yield the floor. constitutional government and the rule stitute Director Clint Bolick express The PRESIDING OFFICER. The Sen- support for Liu’s nomination. In fact, of law. In my careful and considered ator from Utah. judgment, the judicial philosophy es- Ken Starr and Yale law Professor Mr. LEE. Madam President, several poused by Professor Liu is fundamen- Akhil Amar wrote: of my colleagues have expressed con- tally inconsistent with the judicial [I]n our view, the traits that should weigh cerns about the nomination of Goodwin mandate to be a neutral arbiter of the most heavily in the evaluation of an extraor- Liu. I share many of those concerns Constitution and to uphold the rule of dinarily qualified nominee such as Goodwin and do not wish to belabor points they law. are professional integrity and the ability to have already made. I will limit my discharge faithfully an abiding duty to fol- comments today to two fundamental I do not base this conclusion on the low the law. Because Goodwin possesses reasons why I find myself unable to fact that his approach to the law is in these qualities to the highest degree, we are many respects different from my own. confident he will serve on the Court of Ap- support the nomination of Professor peals not only fairly and competently, but Liu to serve as a judge on the U.S. That is not a prerequisite and that is with great distinction. We support and urge Court of Appeals for the Ninth Circuit. not the basis of my opposition to this his speedy confirmation. First, I am truly dismayed by the nominee. Most of the judges nominated Well, we are not going to grant their lack of judgment displayed in Pro- by President Obama do not share my wishes with a speedy confirmation; the fessor Liu’s 2006 testimony regarding personal textualist and originalist question is whether 60 Senators will de- the confirmation of Samuel Alito as an commitments. Yet in my short time as cide that Professor Goodwin Liu is en- Associate Justice for the U.S. Supreme a Member of the Senate, I have voted titled to a vote—a vote—an up-or-down Court. Throughout extensive written to confirm many nominees with whom vote—in the Senate. testimony and during an appearance I fundamentally disagree. Professor Liu said at his confirma- before the Senate Judiciary Com- Professor Liu, by contrast, is not tion hearing: mittee, Professor Liu unfairly criti- simply a progressive nominee with a [T]he role of a judge is to be an impartial, cized then-Judge Alito and his long ju- somewhat more expansive view of con- objective, and neutral arbiter of specific dicial record as, among other things, stitutional interpretation than is com- cases and controversies that come before having ‘‘shown a uniform pattern of ex- mon among many sitting judges, nor is him or her, and the way that process works cusing errors and eroding norms of he a nominee whose controversial re- is through absolute fidelity to the applicable basic fairness.’’ In particular, the final marks are few and can be overlooked precedents and the language of the laws, paragraph of Professor Liu’s written given a long history of mainstream statutes, or regulations that are at issue in testimony which served as a summary legal practice and observations. this case. of his entire analysis of Judge Alito Professor Liu is committed to re- was nothing short of an inflammatory Throughout the course of his numer- spect and follow the judicial role. I am attack. He wrote: ous speeches, articles, and books, Pro- confident he will fulfill that role with Judge Alito’s record envisions an America fessor Liu has championed a philos- distinction. where police may shoot and kill an unarmed ophy that in my judgment is incompat- This is a good man, a great lawyer, boy to stop him from running away with a ible with faithfully discharging the du- an extremely well-qualified nominee. stolen purse; where federal agents may point ties of a Federal appellate judge in our His nomination has been languishing guns at ordinary citizens during a raid, even constitutional Republic. His approach after no sign of resistance; where the FBI advocates that judges go far beyond before this Senate since February of may install a camera where you sleep on the last year. He has had to put his life on the written Constitution, statutes, and promise that they won’t turn it on unless an decisional law to ascertain and incor- hold in many respects waiting for the informant is in the room; where a black man Senate to act. may be sentenced to death by an all-white porate into constitutional law—in Pro- We will have a cloture vote in about jury for killing a white man. . . . fessor Liu’s own words—‘‘shared under- an hour. I think we know what is going Professor Liu’s unseemly attack on standings,’’ ‘‘evolving understandings,’’ on here. For many on the other side of Justice Alito generated considerable ‘‘social movements,’’ and ‘‘collective the aisle, they are guided by advisers attention at the time, as well as under- values.’’ who tell them: Keep as many critical standable concern about Professor In a 2008 Stanford Law Review article judicial posts open for as long as pos- Liu’s temperament, his judgment, and describing the judicial role, Professor sible. Help is on the way in the next his basic ability to be fair. Liu wrote:

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3135 [T]he problem for courts is to determine, that words have defined, finite mean- said, his views, it seems to me, have at the moment of whether our collective val- ing, and that in order for our laws to been well expressed and well reasoned ues on a given issue have converged to a de- work properly, that meaning needs to and quite intelligent. I think he has a gree that they can be persuasively crys- be respected and it needs to be inter- thoughtful approach to complex legal tallized and credibly absorbed into legal doc- trine. preted in and of itself and held as an questions, and I am impressed he has independent good by the judiciary on a earned the respect and support of In so framing the process of judicial consistent basis. thinkers and lawyers from all sides of decisionmaking, he advocated a con- Professor Liu’s appalling treatment the legal ideological spectrum, which I ception of a judiciary as a ‘‘culturally of Justice Alito leaves grave doubt in think speaks, ultimately, to his per- situated interpreter of social mean- my mind as to whether he possesses sonal evenhandedness, to the power of ing.’’ the requisite judgment to serve as a In a 2009 book entitled ‘‘Keeping his intellect, and what we can expect of life-tenured judge. I have come to the him as a judge of the circuit court. Faith with the Constitution,’’ he wrote conclusion that Professor Liu’s ex- that constitutional interpretation I was particularly impressed—and I treme judicial philosophy is simply in- know it has been quoted before, but it rightly ‘‘incorporates the evolving un- compatible with the proper role of a derstandings of the Constitution forged speaks volumes—by the comments of judge in our constitutional Republic. former Judge Ken Starr, a former dean through social movements, legislation, For these reasons, as well as those and historical practice.’’ also, who said Goodwin Liu is ‘‘a per- articulated by many of my colleagues, son of great intellect, accomplishment, In an interview later that year, Pro- I am compelled to oppose this nomina- fessor Liu suggested that the judicial and integrity, and he is exceptionally tion. well-qualified to serve on the court of role is an individual process that in- I yield the floor. appeals.’’ cludes ‘‘lessons learned from experi- The PRESIDING OFFICER. The Sen- ence, and an awareness of the evolving ator from Connecticut. I know many of my colleagues have norms and social understandings of our Mr. LIEBERMAN. Madam President, concerns about this nomination, about country.’’ I thank the Chair. things Professor Liu has either written These are just a few examples of a I rise to support the nomination of or said, and I understand those. I have clear, consistent, and extreme ap- Goodwin Liu to be a member of the some of those concerns. I read the proach to judging that Professor Liu U.S. Court of Appeals for the Ninth statement he made about Judge Alito. has championed in many settings over Circuit. I believe Mr. Liu’s academic It has the ring of a passionate litigator the course of many years. His approach qualifications, strong intellect, his making an argument with probably necessarily requires a judge to violate character, and his temperament make more zeal than he himself appreciates separation of powers principles, mak- him a person who would be a valuable as he looked at it in the aftermath. ing law based on the judge’s subjective addition to the Federal bench. There- But for those who have concerns, I understanding of public opinion, com- fore, I urge my colleagues to vote for urge my colleagues to vote accordingly munal values, historical trends, or per- cloture and then in favor of his con- on an up-or-down vote, not to sustain sonal preferences, rather than faith- firmation. this filibuster and, therefore, prevent fully interpreting and applying the Mr. Liu brings an outstanding aca- an up-or-down vote on this nomination. laws made by the legislative and execu- demic and professional background to I have always felt that in our advice tive branches. this nomination and a personal life and consent role—this is my own per- A noted judge who has faithfully story that is quintessentially Amer- sonal reading of it—the President, by served in the role to which Professor ican. It is not a reason in itself, cer- his election, earns the right to make Liu has been nominated, and who as a tainly, to vote to confirm him as a these nominations. We do not have to result was intimately familiar with the judge of this high court, but it speaks decide, in confirming a nominee, that very real dangers of legislating from to the endless opportunities for upward we would have made this nomination, the bench, shared this vital insight: mobility in this country for people who only that the nominee is acceptable, is It is absolutely important to freedom to work hard. Where you end up is not de- within the range of those acceptable confine the judiciary’s power to its proper termined by where you start out in this and capable of doing the job for which scope as it is to confine that of the Presi- country. he is nominated. dent, Congress, or state and local govern- Goodwin Liu is the second son of Tai- Not so long ago, in 2005, there was a ments. Indeed, it is probably more impor- wanese immigrants. As a young boy, move to reduce the right to filibuster tant, for only courts may not be called to ac- his family settled in Sacramento. He and require 60 votes, particularly with count by the public. began to work hard from the begin- regard to Supreme Court nominees but I rise today in defense of our Nation’s ning, ultimately graduating from Stan- others as well. That led to the forma- constitutional separation of powers ford University. He received a Rhodes tion of the so-called Gang of 14. I was and, ultimately, in defense of the es- Scholarship to Oxford University and proud to be a member of that group, sential liberty that it protects. eventually graduated from Yale Law and we reached an agreement, one of I also feel the need to respond to the School. whose I wish to read now on ‘‘Future point made by my distinguished col- Should he be confirmed to the Ninth Nominations.’’ This is one of them: league, the Senator from Illinois, mo- Circuit, Professor Liu would become Goodwin Liu. ments ago. This is not an opposition the second Asian American currently that is based on a disagreement with a Signatories will exercise their responsibil- serving on a Federal appeals court. He ities under the Advice and Consent Clause of particular set of legal analyses. My is now an associate dean and professor the United States Constitution in good faith. colleague from Illinois noted there was of law at the University of California, Nominees should only be filibustered under some opposition to Judge McConnell Berkeley School of law. He is widely extraordinary circumstances, and each sig- who was confirmed by this body to recognized and respected broadly natory must use his or her own discretion serve on the U.S. Court of Appeals for throughout academic and legal com- and judgment in determining whether such the Tenth Circuit, notwithstanding the munities in the United States. circumstances exist. fact that many in this body disagreed I note that prior to entering aca- End of quote from the agreement of with particular legal conclusions that demia, he was an appellate litigator the Gang of 14. had been reached by then-Professor with O’Melveny & Myers—a first-rate I do not think these are extraor- McConnell. This is different than that. firm here in Washington—and clerked dinary circumstances, when you con- This is not about a disagreement with for both Circuit Court Judge David sider Goodwin Liu’s intellect, his var- a particular legal conclusion. It is in- Tatel and Supreme Court Justice Ruth ied background, the character he has, stead about a concern arising out of a Bader Ginsburg, representing different and this broad range of endorsements systemic, broad-based interpretive ap- points on the ideological legal spec- from people. To me, a disagreement proach, one I believe doesn’t give due trum, and served them both, I know, about a statement made in the heat of regard to the rule of law, to the notion with great distinction. an argument or even the substance of that we are a nation that lives under Although I do not agree with every- an article published is not strong the law, that our laws consist of words, thing Goodwin Liu has ever written or enough to prevent this nominee from

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I measure of comfort and confidence pear before the Judiciary Committee will try my best to make sure the Sen- about the kind of judge Goodwin Liu and basically say Judge Alito’s philos- ate stays on track and that we do not would be but with a full measure of ophy would create: get on the road of filibustering judges comfort that I am exercising my re- . . . an America where police may shoot and haphazardly based on the fact they are sponsibility under the advice and con- kill an unarmed boy to stop him from run- somebody we do not agree with. I have sent clause, as I have always seen it, ning away with a stolen purse— tried my best not to go down that road including as it has been informed by That line probably comes from some because I think it will destroy the judi- my proud participation in the memo- case Judge Alito was involved in— ciary and disrupt the Senate. randum of understanding of the Gang where federal agents may point guns at ordi- If you are a conservative in the fu- of 14 in 2005. nary citizens during a raid, even after no ture wanting to be a judge and you I thank you very much and yield the sign of resistance; where the FBI may install come before our committee, when a lib- floor. a camera where you sleep on the promise eral nominee is before the committee, The PRESIDING OFFICER. The Sen- that they won’t turn it on unless an inform- and you question their patriotism and ant is in the room; where a black man may ator from South Carolina. be sentenced to death by an all-white jury you suggest they are hateful people Mr. GRAHAM. Madam President, I for killing a white man, absent a multiple re- who should be despised for their philos- rise in regretful opposition, quite gression analysis showing discrimination. ophy, then I will render the same ver- frankly, to having to vote to deny clo- ... dict against you. ture for a judicial nominee. I also was These statements about Judge Alito We want people on the court who are in the Gang of 14, and the whole effort and the decisions he has rendered and well rounded, who are qualified, who was to make sure the Senate follows his philosophy are designed to basi- understand America is a big place, not constitutional and historical norms; cally say that people who have the phi- a small place. In Mr. Liu’s world I that is, giving great deference to Presi- losophy of Judge Alito are uncaring, think he has a very small view of the dential elections when it comes to the hateful, and should be despised. That is law. Those on the other side who think judiciary. a bridge too far. Because I share Judge differently should be engaged intellec- So to my conservative colleagues, Alito’s philosophy, we may come out at tually or challenged through academic the best way to make sure you have a different result on a particular case, debate. He has tried to basically rip conservative judges is to win elections. but I do not think I fall in the category their character apart, and he will not Because if we start blocking all the of being hateful, uncaring, and some- get my vote. A conservative who feels judges whom we do not like, who have one you should despise. the same way about liberal philosophy a different view of the law than we, our These statements given to the Judi- would not get my vote either. friends on the other side will return ciary Committee were designed to in- I am looking for the model of Miguel the favor and you wind up having a flame passion against Judge Alito Estrada, who was poorly treated, who chaotic situation. based on his analysis of cases before wrote a letter on behalf of Elena There is a reason Justice Ginsburg him during his judicial tenure. Kagan, saying: She was my law school got 90-something votes and Justice If that is not enough, Chief Justice classmate. We don’t agree on much Scalia got 90-something votes. It used Roberts’ record, according to Mr. Liu, when it comes to the law, but she is a to be the way you did business around suggests he has a vision for American wonderful person, well qualified, and here. When a President won an elec- law—a ‘‘right-wing vision antagonistic deserves to be on the bench. tion, they were able to pick qualified to important rights and protections we That is the way conservatives and nominees for the court. Unless you had currently enjoy.’’ liberals should engage each other, in a darn good reason, they went forward. It is one thing to debate your oppo- my view, when it comes to the judicial I think that should be the standard. nent. It is another thing to have strong nomination process. To me, I do give a lot of deference. It opinions. But this is not an accidental This was a bridge too far for LINDSEY is not one speech. It is not an article. statement. This was calculated, deliv- GRAHAM. Justice Sotomayor, whom I voted for, ered at a time where it would do max- I yield the floor. had made a famous speech that she imum damage. Mr. MCCAIN. Madam President, as a thought the experiences of a Latino All I am saying to future nominees: I member of the Gang of 14 in 2005, I woman maybe were more valuable to expect President Obama to nominate agreed that ‘‘Nominees should be fili- the court than that of a White male, people of a liberal judicial philosophy. bustered only under extraordinary cir- and people got up in arms about that. I do not deny you access to the court cumstances.’’ The nomination of Mr. It bothered me. She explained herself. I because you may have said something Liu rises to a level of ‘‘extraordinary look at the way she lived her life, and in an article I do not like, you may circumstances’’ due to his clear belief I understood, based on the way she have represented a client with whom I that judges have vast powers to shape lived her life, that she was a fair person disagree. But the one thing I will not and even rewrite the law—a contention who did not represent bigotry on her tolerate is for a conservative or a lib- I deeply oppose as an elected represent- part toward White males. eral person seeking a judgeship to basi- ative of the people who believes it is We all make statements and write ar- cally impugn the character of the other the duty of the Congress to shape and ticles and get in debates and I am not way of thinking. write the laws and not that of the judi- going to use that as a reason to dis- These words are not that of a pas- ciary. qualify somebody from sitting on the sionate advocate who may have went With no litigation or judicial experi- judiciary. I would not want that done too far, according to Senator ence to examine, the Senate can only to our nominees, and I do not intend to LIEBERMAN, in my view. These words consider Mr. Liu’s academic writings do it to the other side. were designed to destroy, and they ring and public comments. These writings But here is what Mr. Liu did that, to of an ideologue. He should be running and his testimony before the Senate me, is a bridge too far. When a conserv- for office, not sitting on the court. Judiciary Committee show Mr. Liu be- ative wins the White House, you expect There is a place for people who think lieves that the Constitution is a living, people such as Chief Justice Roberts this way about conservative judicial breathing document that must change and Justices Alito and Scalia. When a philosophy: Run for President. Run for to accommodate new progressive ideas. liberal wins, you expect people such as the Senate. Do not sit on the court. Be- Specifically, Mr. Liu has said, ‘‘The Justices Ginsburg and Elena Kagan and cause the court has to be a place where Framers deliberately chose broad Sotomayor. That is the way it works. you accept differences, you hash it out, words so they would be adaptable over All of them are well qualified; they just you render verdicts. Based on the way time.’’

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3137 Additionally, in a November 2008 ar- I regret I am unable to do so for Mr. the scholar’s role is ‘‘to question the ticle published in the Stanford Law Re- Liu, but I believe his inability to re- boundaries of the law [and] to raise view, Mr. Liu wrote, spect the limited nature of the judicial new theories.’’ Professor Liu also clear- The problem for courts is to determine, at power under our Constitution should ly understands that the scholar’s role the moment of decision, whether our collec- preclude him from a lifetime appoint- is different from the role of a judge, ex- tive values on a given issue have converged ment to the Ninth Circuit Court of Ap- plaining that it is the function of a to a degree that they can be persuasively peals. scholar ‘‘to be provocative in ways that crystallized and credibly absorbed into legal Mr. WHITEHOUSE. Madam Presi- doctrine. This difficult task requires keen it’s simply not the role of a judge to attention to the trajectory of social norms dent, I rise today to urge my col- be.’’ He further elaborated that he reflected in public policies, institutions, and leagues to support Professor Goodwin would leave his personal views behind practices, as well as predictive judgment as Liu’s nomination to the U.S. Court of if taking the bench: ‘‘What is not to how a judicial decision may help forge or Appeals for the Ninth Circuit. transferable [from the position of frustrate a social consensus. Professor Liu is abundantly qualified scholar to the position of judge] . . . are Mr. Liu’s remarks show that he does to serve on the bench. He has a sharp the substantive views that one might not subscribe to the philosophy that legal mind, is a careful and rigorous take as a matter of legal theory. Those Federal judges should respect the lim- thinker, and understands the proper are left at the door. When one becomes ited nature of judicial power under our limited role of a judge. He has shown a a judge, one applies the law as it is to Constitution. Judges who stray beyond commitment to public service through- the facts of every case.’’ their constitutional role believe that out his career and his remarkable suc- I would remind my Republican col- judges somehow have a greater insight cess reflects well on the great opportu- leagues that they have been ready in into the meaning of the broad prin- nities our country offers and the quali- the past to credit academics with the ciples of our Constitution than rep- ties of Mr. Liu and his family. If con- ability to put aside their scholarly resentatives who are elected by the firmed, he would be a credit to the views when they take the bench. True, people. These activist judges assume Ninth Circuit and to his home State of this was for nominations made by a Re- that the judiciary is a superlegislature California. publican President, but there is no rea- of moral philosophers. People who know Professor Liu, Re- son why the rules should be different Despite this difference in judicial publican and Democrat alike, think for President Obama. Consider the philosophy, I believe Mr. Liu has had a very highly of him and have com- nomination of Judge Michael McCon- remarkable career in academics and mended him for his intellect, integrity, nell, for example. He was confirmed to has an inspiring life story as the child and temperament. the Tenth Circuit in 2002 by a unani- of immigrants from Taiwan. However, Among many other Republicans and mous vote on the Senate floor, despite an excellent resume and an inspiring conservatives, Professor Liu can count having, as a scholar, vigorously criti- life story are not enough to qualify one as supporters former Whitewater pros- cized Roe v. Wade as ‘‘illegitimate’’ for a lifetime of service on the Federal ecutor Ken Starr, former Republican and wrongly decided, and having made bench. Those who suggest otherwise Congressman Bob Barr, and Clint sundry other criticisms of Supreme need only to be reminded of Miguel Bolick, the litigation director of the Court precedent. The Senate took him Estrada who was filibustered by the Goldwater Institute. Former Repub- at his word that he would follow the Democrats seven times because many lican Congressman Tom Campbell has law rather than his personal beliefs. A Democrats disagreed with Mr. said that Liu ‘‘will bring scholarly dis- proper recognition of Professor Liu’s Estrada’s judicial philosophy. This was tinction and a strong reputation for in- strong character, integrity, and com- the first filibuster ever to be success- tegrity, fair-mindedness, and col- mitment to the rule of law should lead fully used against a court of appeals legiality to the Ninth Circuit.’’ Susan us to the same conclusion today. nominee. A. McCaw, who was an ambassador in In short, it is time to confirm this I supported Mr. Estrada’s nomination George W. Bush’s administration wrote highly qualified nominee and I urge all to the DC Circuit Court of Appeals, not that ‘‘Goodwin’s strengths are exactly my colleagues to support his nomina- because of his inspiring life story or what [she] expect[s] in a judge: objec- tion. impeccable qualifications, but because tivity, independence, collegiality, re- Mr. KYL. Madam President, it is his judicial philosophy was one of re- spect for differing views, [and] sound with great reluctance that I vote straint. He was explicit in his writings judgment,’’ and noted that he ‘‘pos- against cloture on any nominee, in- and responses to the Senate Judiciary sesses these qualities on top of the bril- cluding Professor Goodwin Liu. It is Committee that he would not seek to liant legal acumen that is well-estab- my general view that every nominee legislate from the bench. lished by his record and the judgment deserves an up or down vote. Judicial activism demonstrates a of those most familiar with his schol- Ever since the tradition was estab- lack of respect for the popular will that arly work.’’ lished that filibusters would be avoid- is at fundamental odds with our repub- Furthermore, Professor Liu has the ed, except in ‘‘extraordinary’’ cir- lican system of government. And, as I support of leading law enforcement cumstances, I have tried to apply that stated earlier, regardless of one’s suc- groups and prosecutors, as well as busi- standard in an objective way. cess in academics and in government ness groups, and the endorsements of This is one such occasion when I can- service, an individual who does not ap- the New York Times, the Washington not vote for cloture on the nominee. I preciate the commonsense limitations Post, the Los Angeles Times, the San believe extraordinary circumstances on judicial power in our democratic Francisco Chronicle, and the Sac- exist. I have serious concerns as to system of government ultimately lacks ramento Bee. He has also been deemed whether Professor Liu could lay aside a key qualification for a lifetime ap- unanimously well qualified by the his ideas and ideologies and approach pointment to the Federal bench. For American Bar Association. cases from a purely objective, unbiased this reason, and no other, I am unable These recommendations are part of point of view. It is very clear he would to support Mr. Liu’s nomination. an ample record on which the Senate violate one of the first principles of ju- Shaping the judiciary through the can base its decision. Professor Liu’s dicial character, which is to approach appointment power is one of the most voluminous writings and unprece- each case without prejudice. important and solemn responsibilities dented thoroughness in responding to I will highlight some specific exam- a President has and certainly one that questions from the Judiciary Com- ples to illustrate my concerns. has a profound and lasting impact. The mittee give us great insight into his First, is Professor’s Liu’s views on President is entitled to nominate those temperament and approach to the dif- the use of foreign law in U.S. courts. whom he sees fit to serve on the Fed- ficult questions of constitutional law. He stated: eral bench, and unless the nominee This record reveals a genuine [T]he use of foreign authority in American rises to ‘‘extraordinary cir- thoughtfulness and intellectual rigor. constitutional law is a judicial practice that cumstances,’’ I have provided my con- This has made Professor Liu one of the has been very controversial in recent years. stitutional duty of ‘‘consent’’ for most leading legal academics of his genera- . . . The resistance to this practice is dif- nominees. tion. As Professor Liu himself has said, ficult for me to grasp, since the United

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Of course, judges should never task Goodwin Liu also worked in the pri- themselves with finding ‘‘wise solu- where police may search what a warrant per- mits, and then some. vate sector for a prominent Wash- tions’’ from ‘‘foreign authorities,’’ in- ington law firm and maintained an ac- stead of interpreting U.S. law. And He also criticized Justice Alito be- cause ‘‘[h]e approaches law in a for- tive pro bono practice. In 2003, he re- Americans shouldn’t have to walk into malistic, mechanical way abstracted turned to California to join the faculty a courtroom not knowing under which from human experience.’’ of Boalt Hall, one of the Nation’s top nation’s law they will be judged! Again, these comments are inappro- law schools, where he established him- Second, is Professor Liu’s troubling priate and demonstrate that Professor self as an outstanding scholar and view of constitutional ‘‘welfare Liu does not possess the requisite teacher. A few years later, Goodwin’s rights.’’ Professor Liu wrote that standards for impartial judging. work on ‘‘Education, Equality, and Na- courts should interpret ‘‘welfare In conclusion, I do not vote against tional Citizenship’’ won him the Edu- rights,’’ such as education, shelter, Professor Liu lightly. But the Presi- cational Law Association’s Steven S. subsistence, and health care (and the dent has nominated someone who does Goldberg Award for Distinguished funding for each) as constitutional not possess the requisite impartiality Scholarship. He quickly earned tenure rights. for judging. I am firmly convinced and was elected to the American Law Of course, no such welfare rights that, rather than apply the law, Pro- Institute. In 2009, after being promoted exist in our Constitution, and it is in- fessor Liu would apply his own pre- to associate dean, he received Berke- appropriate for the courts to attempt conceived notions and standards to ad- ley’s most prestigious teaching award, to invent new rights or revise the Con- vance his liberal views. Therefore I op- the UC Berkeley Distinguished Teach- stitution to advance an ideological or pose his nomination. ing Award for excellence in teaching. political position. Mr. AKAKA. Madam President, today Goodwin Liu is an exceptionally Third, Professor Liu wrote that he I rise to speak in support of Goodwin qualified nominee and a shining exam- believes the Constitution is a ‘‘living Liu to be a Federal judge on the U.S. ple of the American dream. I have long document,’’ ‘‘indeterminate,’’ and sub- Court of Appeals for the Ninth Circuit. been impressed by his academic and ca- ject to ‘‘socially situated modes of rea- I am confident that Professor Liu, as reer achievements, and after meeting soning.’’ Moreover, Professor Liu be- a nationally recognized expert on con- with him yesterday I am thoroughly lieves that judges should look to ‘‘our stitutional law, is highly qualified for convinced that he will be an out- collective values,’’ ‘‘evolving norms,’’ this prestigious position. His under- standing judge for the Ninth Circuit, and ‘‘social understandings’’ in inter- standing of the role of a circuit judge— which encompasses Hawaii and in- preting the Constitution. to follow the instructions and prece- cludes over 40 percent of our Nation’s Again, the Constitution is not sub- dents set by the Supreme Court—will Asian-American and Pacific Islander ject to new definitions and interpreta- allow him to remain a neutral medi- population. Goodwin Liu was given the tions. These views may be appropriate ator. This judicial philosophy will be American Bar Association’s highest in the confines of liberal academia, but the basis for his restrained actions, and rating of ‘‘Unanimously Well Quali- they have no place in a U.S. court- will be balanced by his experiences as a fied’’ based on his integrity, profes- room. professor and in the public and private sional competence, and judicial tem- In addition to his controversial views sectors. Professor Liu’s background perament. He is highly qualified, intel- on judging and the Constitution, I have speaks volumes about his qualifica- ligent, and he will help the court better an additional set of concerns, as well. tions and his strong work ethic. reflect the broad population it serves. Those concerns relate to Professor Goodwin Liu, the son of immigrant He has strong support in the Senate Liu’s charges against Supreme Court parents from Taiwan, is a graduate of and he deserves an up-or-down vote. Justices Roberts and Alito. Before his Stanford University. He was elected co- The PRESIDING OFFICER (Mr. own nomination to the bench, Pro- president of the student body and grad- MANCHIN). The Senator from Iowa. fessor Liu led the opposition to their uated Phi Beta Kappa. He was also Mr. GRASSLEY. Mr. President, I nominations to the High Court. His de- awarded the Lloyd W. Dinkelspiel would like to inquire how much time scriptions of their qualifications show Award, the university’s highest honor we have on our side. very poor judgment. for outstanding service to under- The PRESIDING OFFICER. Three For instance, Professor Liu spoke graduate education. minutes forty-five seconds. very disparagingly of Justice Roberts After, Stanford, Goodwin Liu at- Mr. GRASSLEY. Mr. President, I stating: tended Oxford University on a Rhodes have a few closing remarks regarding [b]efore becoming a judge, he belonged to Scholarship and earned a master’s de- the nomination of Goodwin Liu. Yes- the Republican National Lawyers Associa- gree in philosophy and physiology. He terday, I outlined my objections to this tion and the National Legal Center for the continued his education at Yale Law nominee in some detail. As I stated, Public Interest, whose mission is to promote School, where he was an editor of the my objections to this nominee can be (among other things) ‘free enterprise,’ ‘pri- vate ownership of property,’ and ‘limited Yale Law Journal and won the prize for summarized with five areas of concern: government.’ These are code words for an best team argument in the law school his controversial writings and speech- ideological agenda hostile to environmental, moot court competition. His academic es; an activist judicial philosophy; his workplace, and consumer protections. accomplishments earned him clerk- lack of judicial temperament; his trou- Professor Liu also wrote that regard- ships with Judge David S. Tatel on the blesome testimony and lack of candor less of Chief Justice Roberts’s quali- U.S. Court of Appeals for the DC Cir- before the committee, and his limited fications, ‘‘a Supreme Court nominee cuit and Justice Ruth Bader Ginsburg experience. must be evaluated on more than legal on the U.S. Supreme Court. I hope the President will withdraw intellect.’’ Between these prestigious clerkships, this nomination and send to the Senate So, in other words, Professor Liu be- Goodwin Liu served as a special assist- a consensus nominee to fill this va- lieves that a good judge must possess ant to the Deputy Secretary at the cancy. We have demonstrated over and more than intellect and allegiance to U.S. Department of Education. In that over again our cooperation in moving the law. capacity, he advised the Secretary and forward on consensus nominations. The Professor Liu also made some inap- Deputy Secretary on a range of legal President needs to nominate main- propriate comments when testifying and policy issues, including the devel- stream individuals, who understand the against Justice Alito’s nomination, opment of guidelines to help turn proper role of a judge. stating: around low-performing schools. He also Nominees who would bring a personal Judge Alito’s record envisions an America spent 2 years as a senior program offi- agenda or political ideology to the where police may shoot and kill an unarmed cer for higher education at the Cor- courtroom will have great difficulty in boy to stop him from running away with a poration for National Service, being confirmed.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3139 Yesterday, a few Senators met with casion. There have been a total of 46 nominees of the other party. The treatment Mr. Liu. After that meeting, one of my cloture votes, including this one, on 32 of then-Judge Alito by Democratic members colleagues from the other side of the different judicial nominations in Amer- of the Judiciary Committee is not yet all aisle made the following statement, ican history. Of the 32 judicial nomi- that far in the rear-view mirror, and some of President Obama’s nominees have waited far ‘‘The court of appeals is where law is nees subject to cloture votes, 22 were too long. There is much to be said, therefore, made, and we need the finest minds in against Republican nominated judges. for the proposition that the degradation of the world for that.’’ I am troubled by Between 1971 and 2000, there were 11 the judicial confirmation process is a prob- that statement on more than one level. cloture votes on judicial nominees. lem that cries out for a long-term solution. First, intellect is an important ele- Most of those filibusters, attempted by The one thing that ought to be reasonably ment I consider in the confirmation Democrats, were unsuccessful and clo- clear, however, is that someone who person- process. Mr. Liu does have an out- ture was invoked. ally contributed to the sorry state of the standing academic record. His intellect However, beginning in 2002, Senate confirmation process, by jumping in the mud pit with both feet and flinging the mud with is not the issue. The nominee himself Democrats changed the rules. There both hands, is not well positioned to demand noted there was more to being a judge were 30 cloture votes on 17 of President that standards be elevated solely for his ben- than intellect. He stated, with regards Bush’s judicial nominees. Eight of efit. Surely Mr. Painter can find a better to the nomination of Chief Justice President Bush’s nominees are not on case than this to dramatize the need for re- Roberts, ‘‘[t]here’s no doubt Roberts the bench because of the filibuster or form. has a brilliant legal mind. . . . But a threatened filibuster by Senate Demo- Supreme Court nominee must be evalu- crats. [From nationalreview.com, Mar. 2, 2011] ated on more than legal intellect.’’ This does not include a number of RICHARD PAINTER’S DECEPTIVE PORTRAYAL OF He then voiced concerns that ‘‘with Bush’s nominees that were subjected to GOODWIN LIU—PART 1 remarkable consistency throughout his the so-called ‘‘pocket filibuster’’ in (By Ed Whelan) career, Roberts ha[d] applied his legal Committee by the Democratic major- On Huffington Post, law professor (and talent to further the cause of the far ity in the 110th Congress, including former Bush White House ethics adviser) right.’’ Mr. Liu went on, demonstrating Peter Keisler to the DC Circuit and Richard Painter offers an extensive, but badly flawed, defense of Goodwin Liu that a lack of judicial temperament, to dis- Robert Conrad to the 4th Circuit, falsely accuses me of ‘‘invent[ing] a series of parage Justice Robert’s views on free among others. myths about Liu with no basis in reality.’’ enterprise, private property and lim- We hear about the notion of ‘‘ex- The opening part of Painter’s essay consists ited government. In my statement yes- traordinary circumstances’’ as a jus- of regurgitating ill-informed or utterly con- terday I made my views very clear on tification or requirement for extended clusory endorsements of Liu from various how I feel about Mr. Liu’s remarks, so debate. That was an outcome of an folks, including some conservative who there is no reason to repeat that. agreement in the 109th Congress. How- ought to know better. See, for example, my The point is, intellect is only one ever, even after that time, Senate critique of the letter that Ken Starr sub- component. Using Mr. Liu’s standards, mitted (jointly with Akhil Amar). Democrats have used a broad and in- Given that Liu’s hearing starts soon, I’m a nominee ‘‘must be evaluated on more consistent application of that term. going to race through Painter’s supposed than legal intellect.’’ Mr. Liu does have Even after that agreement, Senate myths in this post and the next (in the same a fine intellect, but he has used his tal- Democrats attempted to filibuster ju- order as he lists them): ent to consistently promote views that dicial nominees. However, they do not 1. According to Painter, I have propagated are far out of the mainstream. Shortly seem to find it applicable to the nomi- the ‘‘myth’’ that ‘‘Liu believes judges ‘may after President Obama was elected, he nee before us today. I disagree. The legitimately invent constitutional rights to said, ‘‘Now we have the opportunity to a broad range of social ‘‘welfare’’ goods, in- nomination of Goodwin Liu does raise cluding education, shelter, subsistence, and actually get our ideas and the progres- extraordinary circumstances, as I out- health care.’ ’’ My actual quote states that sive vision of the Constitution and of lined in depth yesterday. Liu argues in a law-review article that law and policy into practice.’’ I do not I have no personal animosity towards ‘‘judges (usually in an ‘interstitial’ role) may intend to give Mr. Liu that oppor- Mr. Liu. I recognize he has a fas- legitimately invent constitutional rights to tunity. cinating personal story and has accom- a broad range of social ‘welfare’ goods, in- The second problem I have with the plished much. This debate is not about cluding education, shelter, subsistence, and statement is the assertion that ‘‘The his ethnic background or personal his- health care.’’ It’s telling that Painter has to court of appeals is where law is made.’’ tory. excise the italicized parenthetical in order to We have heard this view before. While falsely accuse me of misstating Liu’s views. I wish Mr. Liu well in his academic Nor does he address (much less take issue serving as a circuit judge, Sonia career. But a lifetime position on the with) my detailed posts on the matter. Sotomayor stated that the court of ap- Federal bench is not where he belongs. 2. According to Painter, it is a ‘‘myth’’ peals ‘‘is where policy is made.’’ Therefore, I will vote no on the cloture that Liu ‘‘believes in a ‘freewheeling con- Now I understand there are elements motion and urge my colleagues to do stitutional approach’ that allows people ‘to of our society who wish this were the the same. redefine the Constitution to mean whatever case. Those who can not get their pol- I ask unanimous consent to have they want it to mean.’ ’’ Painter cherry- picks the most innocent-sounding of Liu’s icy views enacted through the legisla- printed in the RECORD documents in tive process, as our Constitution re- statements and ignores the controversial opposition to the nomination. ones. (See, for example, the material in this quires, often turn to the courts. But I There being no objection, the mate- post of mine.). flatly reject this notion. rial was ordered to be printed in the 3. According to Painter, it is a ‘‘myth’’ The Constitution vests the legisla- RECORD, as follows: that Liu ‘‘is a supporter of racial quotas in tive power in the Congress, not the [From nationalreview.com, Mar. 3, 2011] the schools, and he supports school choice courts. Judges are simply not policy- only insofar as it furthers that goal.’’ That is MIGUEL ESTRADA ON GOODWIN LIU’S no myth, as I have documented. Painter makers. The court of appeals is not CONTEMPTIBLE MUD-FLINGING doesn’t even address my arguments. where law is made. The courts are vest- (By Ed Whelan) ed with the judicial power. That means 4. According to Painter, it is a myth that More on Richard Painter’s insipid argu- Liu ‘‘supports racial quotas forever.’’ Paint- they are to decide cases and controver- ment (see point 2 here) that Goodwin Liu’s er doesn’t address my argument, and he sies. They are to apply the law, not attacks on the nominations of Chief Justice hides behind a ridiculously narrow definition make the law. Roberts and Justice Alito shouldn’t be held of quotas. Unfortunately, this philosophical dis- against him: 5. According to Painter, it is a ‘‘myth’’ agreement occasionally finds its way Former D.C. Circuit nominee Miguel that Liu supports ‘‘reparations for slavery’’ into the debates on nominations. But Estrada, whose unsuccessful nomination and a ‘‘grandiose reparations project.’’ let me remind the Senate where this Richard Painter despicably tried to invoke Painter pretends to provide a full account of started. Going back to the nomination in support of his shoddy Huffington Post de- Liu’s discussion of ‘‘solutions for racial fense of Liu, strongly disagrees with Painter. equality’’ but somehow completely omits the of William Rehnquist in 1971, Demo- In an e-mail to me, Estrada writes (emphasis remarks of Liu’s that I’ve highlighted, in- crats have used or attempted to use the added): cluding: filibuster to delay or defeat judicial No one doubts that Senators from both Then there’s a further issue, which is that nominees. Fortunately, it is a rare oc- parties have behaved shamefully toward maybe there are white families who were not

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3140 CONGRESSIONAL RECORD — SENATE May 19, 2011 involved as directly or even indirectly with only after ‘‘reading Liu’s writings [and] [From nationalreview.com, Mar. 10, 2011] the slave trade, but who still benefited from watching his testimony?’’ But the fact of the CLINT BOLICK: RICHARD PAINTER IS ‘‘OFF- it. And then there is the whole question, matter is that Painter, evidently suffering a BASE’’ which you put on the table, about people severe case of battered-conservative-aca- (By Ed Whelan) who came to America after, and, you know, demic syndrome, raced onto the Liu band- like my family. And why is it that this wagon without having any understanding of A follow-up to my refutation (Part 1, Part movie speaks to me so deeply yet? what was at issue, and (both now and in a 2, and Part 3) of Richard Painter’s smears And so, what I would do, I think I would previous op-ed) he has resolutely ignored or against me in his deeply defective Huff- draw a distinction between a concept of distorted the many highly problematic as- ington Post defense of Ninth Circuit nominee guilt, which locates accountability in a sort pects of Liu’s record. Goodwin Liu: of limited set of wrong-doers, and, on the Clint Bolick, whose support for Liu Paint- er cites repeatedly, has invited me to publish other hand, a concept of responsibility, [From nationalreview.com, Mar. 3, 2011] which is, I think, a more broad suggestion this statement of his: that all of us, whateverour lineage, whatever RICHARD PAINTER’S DECEPTIVE PORTRAYAL OF Although Ed Whelan and I have taken dif- our ancestry, whatever our complicity, still GOODWIN LIU—PART 3 ferent positions on the judicial nomination have a moral duty to . . . make things right. (By Ed Whelan) of Prof. Goodwin Liu, I believe that Richard Painter has mischaracterized a number of Ed And that’s a moral duty that’s incumbent I’ll limit myself to a couple of additional upon everybody who inherits this nation, re- Whelan’s arguments as ‘‘myths.’’ In par- observations (beyond my Part I and Part 2 ticular, Painter’s assertions are off the mark gardless of whatever the history is. posts) on Richard. Painter’s deeply defective And I think, to add one more point on top regarding Whelan’s criticisms of Liu on the Huffington Post defense of Goodwin Liu: of that, the exercise of that responsibility creation of welfare rights, reparations, racial 1. In addition to failing to confront my ac- . . . necessarily requires the answer to the balancing, and the use of foreign law. Obvi- tual arguments, Painter relies heavily on the question, ‘‘What are we willing to give up to ously, opinions vary regarding the merits of argument-by-authority fallacy. As he puts make things right?’’ Because it’s gonna re- the nomination, but Painter is off-base on it: quire us to give up something, whether it is several crucial assertions. the seat at Harvard, the seat at Princeton. ‘‘Now, you can believe the top experts in Given our bottom-line differences on the Or is it gonna require us to give up our seg- the areas of Liu’s scholarship and prominent Liu nomination, I am particularly grateful regated neighborhoods, our segregated conservatives such as Ken Starr and Clint to Clint Bolick, as I also am to John Yoo, for schools? is it gonna require us to give up our Bolick—or you can believe National Review standing up against Painter’s smears. It’s money? Online’s Ed Whelan. I know where I would striking that two of the very small number Its gonna require giving up something, and put my marbles.’’ of conservatives that Painter relies on for so until we can have that further conversa- Set aside that Painter, having evidently their support of Liu have repudiated Painter tion of what it is we’re willing to give up, I lost his marbles, would have to find them (versus zero, so far as I’m aware, who have agree that the reconciliation can’t fully first before he could put them anywhere. endorsed his smears). Further, another con- occur. Painter leaves the false impression that servative, Miguel Estrada, whose own nomi- folks like Starr and Bolick have actually re- nation battle Painter tried to use in support [From nationalreview.com, Mar. 2, 2011] sponded to my critiques of Liu and of their of Liu, has emphatically condemned Liu’s misunderstandings of his record. So far as RICHARD PAINTER’S DECEPTIVE PORTRAYAL OF mudslinging against the Roberts and Alito I’m aware, they haven’t. GOODWIN LIU—PART 2 nominations. (It’s also amusing that Painter can’t even At this point, it should be clear that it (By Ed Whelan) be evenhanded in his mistaken argument by would be reckless at best for anyone to ac- I’ll continue with Painter’s last three sup- authority. While he invokes various creden- cept Painter’s propositions at face value. I posed ‘‘myths’’ and then offer some broader tials of Liu supporters, he identifies me only am not arguing that the reader must accept comments on Painter’s defense of Liu: as ‘‘National Review Online’s Ed Whelan.’’) my word on Painter (or Bolick’s or Yoo’s) or 6. Painter says it’s a ‘‘myth’’ that Liu sup- 2. Towards the end of his piece, Painter on Liu. Rather, the interested reader should ports ‘‘direct judicial imposition of interdis- tries to dismiss the relevance of Liu’s dema- carefully examine the competing accounts trict racial-balancing orders’’ in public gogic and irresponsible arguments against (both on the matters that Bolick identifies schools. Painter tries to give his readers the the confirmations of Chief Justice Roberts above and on those he doesn’t address) and impression that Liu accepts Milliken v. and Justice Alito. According to Painter, ‘‘[i]t determine who has argued responsibly and Bradley as settled law. But he somehow is critically important . . . that people feel effectively and who hasn’t. I am confident of doesn’t disclose that Liu (in remarks that he free to speak their minds about Supreme the judgment that the intelligent and fair- failed to disclose to the Senate Judiciary Court and other judicial nominations with- minded reader will reach. Committee) called for Milliken to ‘‘be swept out fear of retribution.’’ But as I explained into the dustbin of history.’’ ten months ago when Painter made the same CONFUSED AMAR/STARR LETTER IN SUPPORT 7. Painter says it’s a ‘‘myth’’ that Liu sup- bad argument, Painter completely misses OF GOODWIN LIU ports ‘‘using foreign law to redefine the Con- the point: The shoddy quality of Liu’s oppo- stitution.’’ Painter relies entirely on Liu’s (By Ed Whelan) sition to Roberts and Alito reflects very self-serving confirmation testimony and Law professors Akhil Reed Amar and Ken- poorly on him. There is no reason to encour- clips a passage to omit the fact that Liu neth W. Starr have sent the Senate Judici- age cheap attacks like Liu’s by not holding wrote in 2006 that it ‘‘is difficult for [him] to ary Committee a badly confused letter in him accountable. grasp’’ how anyone could resist the ‘‘use of support of Goodwin Liu’s nomination to the foreign authority in American constitutional Ninth Circuit. The core of their letter is law.’’ [From nationalreview.com, Mar. 3, 2011] dedicated to the proposition that Liu has 8. Painter says it’s a ‘‘myth’’ that Liu sup- PAINTER SHOULDN’T DISTORT WHELAN’S ‘‘independence and openness to diverse view- ports ‘‘the invention of a federal constitu- ARGUMENTS points as well as [the] ability to follow the facts and the law to their logical conclusion, tional right to same-sex marriage.’’ I ad- (By John Yoo) dressed this matter in detail just yesterday whatever its political valence may be’’ (or, and fully stand by my account. (Painter I’ve seen Richard Painter’s post criticizing as they later put it, the ‘‘ability to discharge falsely attributes to me the claim that Liu’s Ed Whelan for his posts on the nomination of faithfully an abiding duty to follow the amicus brief in the California supreme court Goodwin Liu. Painter accurately reports law’’). was ‘‘truly an argument under the U.S. Con- that I’ve said that Liu (a colleague of mine Amar and Starr offer two examples in pur- stitution.’’) at Berkeley Law) is a good nominee to the ported support of their proposition, but nei- I’ll briefly add some closing comments: Ninth Circuit for a Democratic president. ther helps. First, they cite Liu’s limited sup- If Painter were really interested in a real However, I don’t want that to be thought of port of school-choice programs. As I’ve ex- debate on Liu, he wouldn’t have waited until as endorsing, in any way, what Painter says plained, Liu supports school-choice programs the day of the hearing to launch his shoddy about Ed’s writings on Liu. only insofar as they advance racial quotas. attack on me. He could have done so at any What bothers me about Painter’s post is Once one understands that (and there’s no time over the last eight months. Instead, that he accuses Ed of distorting Liu’s record, indication that Amar and Starr do), it’s dif- he’s tried to gain some tactical advantage by but I believe that that’s what he has done to ficult to see how Liu’s position on school depriving me of a fair opportunity to re- Ed. He should provide in full or link to Ed’s choice evidences his ‘‘independence and spond. (I’ve had to write these responsive criticisms of Liu and let the reader decide, openness to diverse viewpoints,’’ and his po- posts within the space of two hours or so of rather than describing (or misdescribing) and sition certainly has no relation to his sup- discovering Painter’s essay, and I’m sure dismissing Ed’s posts in a short sentence or posed ‘‘ability to follow the facts and the law that there’s much that I would say better, or two. I don’t think the Painter post is fair on to their logical conclusion.’’ more fully, if I had time.) this point. To me, such posts actually may Second, Amar and Starr cite Liu’s correct Painter claims to have ‘‘reached the con- hurt Liu if it appears that his supporters are prediction that the California supreme court clusion that Liu deserves an up-or-down vote not fully engaging his critics and their best would uphold Proposition 8 ‘‘under applica- in the Senate and ought to be confirmed’’ arguments. ble precedents’’ (their phrase). They assert

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3141 that his correct prediction shows that Liu first hearing and was nearly a year old Any President’s judicial nominees should ‘‘knows the difference between what the law at his second. The son of Taiwanese im- receive careful consideration. But after that is and what he might wish it to be.’’ But this migrants, Professor Liu would bring debate, they deserve a simple up-or-down is a glaring non sequitur. Liu wasn’t stating vote. . . . It’s time to move away from advise how he would rule; he was predicting how the much-needed diversity to the Federal and obstruct and get back to advise and con- California supreme court would. Moreover, Bench. There is no Asian Pacific Amer- sent. The stakes are high . . . . The Constitu- in an op-ed, Liu stated that the challenge to ican judge on the Ninth Circuit Court tion of the United States is at stake. Proposition 8 was a ‘‘good argument, but one of Appeals, which, of course, includes Other Republican Senators made that faces difficult precedents,’’ and he ar- California and Hawaii and a number of similar statements back then. Many gued that ‘‘there are good reasons for the Western States. California Supreme Court to rethink its ju- declared that they would never support If we look at the record, Professor the filibuster of a judicial nomination. risprudence in this area.’’ So much for his Liu is a nominee with significant sup- ‘‘know[ing] the difference between what the Some have tried to stay true to that law is and what he might wish it to be.’’ port from across the political and ideo- vision and principle. That is why the Amar’s and Starr’s assertion of Liu’s ‘‘abil- logical spectrum. Among the letters I filibuster against Judge Hamilton ity to follow the facts and the law to their will have printed in the RECORD is one failed and that against Judge McCon- logical conclusion’’ is also curious, as it’s from Kenneth Starr, the former Solic- nell was ended. This filibuster should not really his ‘‘ability’’ that anyone has itor General during President George also be ended. questioned. It’s his willingness and commit- H. W. Bush’s administration. For those Now the Senators, many of whom are ment. Further, anyone familiar with Liu’s who have may have forgotten, he was gauzy constitutional theorizing would recog- still serving on the other side of the nize that the whole concept of following the the independent counsel who inves- aisle, claim to subscribe to a standard law doesn’t have much substance in his tigated President Clinton during the that prohibits filibusters of judicial framework. Take, for example: Clinton administration. nominees, except in ‘‘extraordinary cir- The problem for courts is to determine, at He and distinguished Professor Akhil cumstances.’’ None of them have shown the moment of decision, whether our collec- Amar wrote: there are any extraordinary cir- tive values on a given issue have converged [I]t is our privilege to speak to his quali- cumstances here. The President has to a degree that they can be persuasively fications and character, and to urge favor- nominated an outstanding lawyer, sup- crystallized and credibly absorbed into legal able action on his nomination in the dis- doctrine. This difficult task requires keen ported by his home State Senators and charge of your constitutional duties of ad- attention to the trajectory of social norms favorably reported by a majority of the vice and consent. In short, Goodwin is a per- reflected in public policies, institutions, and Senate Judiciary Committee. This son of great intellect, accomplishment, and practices, as well as predictive judgment as nomination is to fill a vacancy, a judi- integrity, and he is exceptionally well-quali- to how a judicial decision may help forge or fied to serve on the court of appeals. The na- cial emergency, on the Ninth Circuit. frustrate a social consensus. tion is fortunate that he is willing to leave The 14 Senators who signed the It is, of course, theoretically possible that Memorandum of Understanding in 2005, someone who advocates a freewheeling judi- academia to engage in this important form of public service. the then-Gang of 14, wrote about their cial role could himself be quite scrupulous in ‘‘responsibilities under the Advice and following a whole body of precedent that he We also heard from Clint Bolick, who detests. But Amar and Starr provide zero is the director of the conservative Consent Clause of the United States reason for anyone to believe that Liu would Goldwater Institute, named after a Constitution’’ and that fulfilling their carry out the judicial role in that manner, former colleague of mine, Barry Gold- constitutional responsibilities in good and there is nothing in his record to support water. He said: faith meant that ‘‘[n]ominees should speculation that he would. only be filibustered under extraor- Having reviewed several of his academic dinary circumstance.’’ Well, let’s be re- The PRESIDING OFFICER. The Sen- writings, I find Professor Liu to exhibit ator from Vermont. fresh, independent thinking and intellectual sponsible. Let’s bring it to a vote. Mr. LEAHY. Mr. President, I have honesty. He clearly possesses the scholarly I had hoped 2 weeks ago, when 11 Re- listened to a lot of the debate about credentials and experiences to serve with publican Senators joined in voting to Professor Liu, and having sat in on the distinction on this important court. end the filibuster against Judge Jack hearings with him, having met with A bipartisan group of eight chief cor- McConnell of Rhode Island that the him, having gone through the whole porate executives who know Professor Senate was moving away from the nar- record, I sometimes wonder who this is Liu from his service on the Stanford row partisan attacks of judicial nomi- everybody is talking about. It is not University Board of Trustees recently nations that have slowed us almost the man I heard from, the man who wrote to the Senate in support of Pro- from the day President Obama took of- testified under oath and had to speak fessor Liu’s nomination: fice. Instead, for the sixth time since President Obama took office just over very candidly, very honestly about his In short, Goodwin’s strengths are exactly positions. He is a man who is admired what we expect in a judge: objectivity, inde- a couple of years ago, we have had to by legal thinkers and academic schol- pendence, collegiality, respect for differing seek cloture to overcome a Republican ars from across the political spectrum. views, sound judgment. Goodwin possesses filibuster of one of President Obama’s He has spent his career in public these qualities on top of the brilliant legal well-qualified judicial nominations. service, private practice, and as a acumen that is well-established by his pro- The 14 Senators who signed the teacher since receiving degrees from fessional record and the judgment of those Memorandum of Understanding in 2005 Stanford University and Yale Law most familiar with his scholarly work. wrote about the need for the President School. He is a Rhodes scholar. After I ask unanimous consent that these to consult with Senators. Well, this law school, Professor Liu clerked for letters be printed in the RECORD at the President, unlike his predecessor, has DC Circuit Judge David Tatel, and Su- conclusion of my statement. been a model in that regard. Unlike preme Court Justice Ruth Bader Gins- The PRESIDING OFFICER. Without President Bush, President Obama actu- burg. No one can question his intellect objection, it is so ordered. ally has consulted with both Repub- or his qualifications. He should be (See exhibit 1.) lican and Democratic Senators in the treated with respect and admired, not Mr. LEAHY. I could put in the home States. And unlike my prede- maligned and caricatured. His honest RECORD many more from the broad set cessor, the Republican Chairman of the testimony during two hearings before of preeminent lawyers, organizations, Judiciary Committee, I have not pro- the Judiciary Committee should be and leaders in the academic world who ceeded with any nominee against the credited, rather than ignored. support this nomination. Professor wishes of a home State Senator. So ap- Professor Liu’s parents, wife, chil- Liu’s nomination merits our support, parently we have one rule if it is a Re- dren, friends and community are jus- not this filibuster. publican President and a Republican tifiably proud of him and have looked The Senate should vote on this nomi- chairman of the committee, but every- forward to his confirmation to the nation. In 2005, when the Republican thing changes if we have the nominees court of appeals since he was first nom- majority threatened to blow up the of a Democratic President. I protected inated in February 2010. We saw his Senate to ensure up-or-down votes for Republican home State Senators. In re- beautiful children at each of his two each of President Bush’s judicial nomi- turn, I would expect Republican Sen- confirmation hearings—indeed, the nations, Senator MCCONNELL, then the ators to respect the views of other Sen- first was born only weeks before his Republican whip, said: ators, and to work with the President.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3142 CONGRESSIONAL RECORD — SENATE May 19, 2011 In 2005 they called for a return to our Last year, Senate Republicans fili- formation provided by this nominee earlier practices and the reduction of bustered the nomination of Judge and ask him hundreds of questions rancor in the confirmation process and Denny Chin, an outstanding judge with about it. He has been available to meet a return to the traditions of the Sen- 16 years experience. They delayed his with Senators and many have taken ate. I have worked very hard to do just Senate consideration for months. him up on the opportunity. So accusa- that. I think of the vote on Janice Rog- There was no reason to do it. Finally, tions that Professor Liu has been less ers Brown to the DC Circuit. She was a when that filibuster ended, the Senate than candid are misplaced, and a deci- nominee who had argued that Social proceeded to vote and confirm the only sion to simply ignore his record, his Security was unconstitutional, saying active Asian Pacific American judge testimony before the committee, and that ‘‘[t]oday’s senior citizens blithely serving on the Federal appellate court. his assurances under oath that he un- cannibalize their grandchildren.’’ I The only one in all of our courts. This derstands the role of a judge and would think most of us disagreed with her on nominee is likewise deserving of a vote follow precedent if confirmed is mis- that, but she got an up-or-down vote. and not a partisan filibuster. guided. They agreed to invoke cloture on the Following the recent filibuster of the The many letters of strong support nomination of Priscilla Owen to the DC nomination of Judge Jack McConnell we have received from conservatives Circuit. Owen, a nominee whose rulings to the district court in Rhode Island, and Republicans who have reviewed on the Texas Supreme Court were so this filibuster is the sixth time the ma- Professor Liu’s record and know the extreme, they drew a condemnation of jority leader has had to seek cloture to nominee show the hollowness of the other conservative judges on that bring a judicial nomination to a vote. partisan attacks on Professor Liu’s court. In fact, President Bush’s White I will say how it is unusual to have a character. In their letter, Ken Starr House counsel and later Attorney Gen- second hearing on a nomination, at the and Professor Amar describe Professor eral, called one of her opinions an un- request of Republican members of the Liu as, ‘‘a person of great intellect, ac- conscionable act of judicial activism. committee. I said at the time that I complishment and integrity.’’ A bipar- But she was a Republican and she got a hoped they would evaluate him fairly tisan group of eight CEO’s based their vote. with open minds. Any Senator who lis- support for Professor Liu’s nomination By the standard utilized in 2005 to tened to Professor Liu’s answers during on their observation of ‘‘his character end filibusters and vote on President hours of questions at two confirmation and intellect.’’ A bipartisan group of 22 Bush’s controversial nominees, this fil- hearings and considered his responses leaders in education law, policy and re- ibuster should be ended and the Senate to hundreds of written followup ques- search cited Professor Liu’s ‘‘independ- should vote on the nomination. tions—hundreds—should come away ence and intellectual honesty’’ as There were no ‘‘extraordinary cir- understanding this is an exceptional among the many of his exemplary cumstances’’ to justify the Republican lawyer and scholar who will make an traits leading them to support his nom- filibuster of Judge David Hamilton, outstanding judge, a judge who re- ination. Senators can in good faith op- President Obama’s very first judicial spects the rule of law and reveres the pose this nomination, though I dis- nomination. David Hamilton of Indiana Constitution. agree with them, but the attacks on a was a 15-year veteran of the Federal Professor Liu’s answers under oath fine man’s character have no place in bench. President Obama nominated and his reputation as a well-respected this debate. Judge Hamilton in March 2009, after constitutional law professor paint a Nonetheless, each time the Judiciary consultation with the most senior and very different picture than the carica- Committee considered Professor Liu’s longest-serving Republican in the Sen- ture created by the attacks from the nomination a total of three times—Re- ate, Senator DICK LUGAR of Indiana, special interest groups. Republican publican Senators voted against. When who then strongly supported the nomi- Senators did not wait for his hearing Senators are not willing to give serious nation. Rather than welcome the nomi- before declaring their opposition. and open-minded consideration to nation as an attempt by President Senator FEINSTEIN noted at Professor nominations it reduces the hearings Obama to step away from the ideolog- Liu’s first hearing over a year ago that and committee process to a game of ical battles of the past, Senate Repub- he has an extraordinary legal mind and delay and partisan points-scoring. licans ignored Senator LUGAR’s sup- is a person of integrity. I agree. No That, too, is wrong. port, caricatured Judge Hamilton’s fairminded person can or should ques- I urge Senators to reject the special record and filibustered his nomination. tion his qualifications, talent, or char- interest pressure groups and to ap- After rejecting that filibuster, Judge acter. Nobody can doubt his tempera- proach this nomination the way I ap- Hamilton was confirmed. The majority ment. Through hours and hours and proached a similar nomination of a law leader has had to file cloture on four hours of questioning, we saw his judi- professor by President Bush, the nomi- other highly qualified judicial nomina- cial temperament. Unlike some of the nation of Professor Michael McConnell tions, and now Professor Liu’s nomina- nominees supported by the other side, to the Tenth Circuit. He was a widely tion is the sixth. he actually answered the questions. He regarded law professor. Like Professor No Senator could claim the cir- assured the committee time and time Liu, Professor McConnell was nomi- cumstances surrounding the filibusters again that he understands the role of a nated to a Federal appeals court with- of President Obama’s other circuit judge and the need for a judge to follow out having first served as a judge. He court nominations to be extraordinary. the law and adhere to the rule of law. was one of two dozen such nominations Republicans filibustered the nomina- He met every test presented to him by confirmed after being nominated by tion of Judge Barbara Keenan, a nomi- Senators on the Judiciary Committee President Bush. nee with nearly 30 years of judicial ex- from either side of the aisle. He ex- Professor McConnell’s own provoca- perience, and who had been the first ceeds every standard we have used to tive writings included staunch advo- woman to hold a number of important measure judicial nominees. cacy for reexamining the first amend- judicial roles in Virginia. Once the fili- Yet in the course of the debate on ment free exercise clause and the es- buster was ended, she was ultimately this nomination we have heard trou- tablishment clause jurisprudence. He confirmed 99–0 as the first woman from bling and baseless attacks on Professor had expressed strong opposition to Roe Virginia to serve on the Fourth Cir- Liu’s character and integrity. Incred- v. Wade and to the clinic access law, cuit. ibly, despite this nominee’s testimony and he had testified before Congress Senate Republicans filibustered the at two confirmation hearings and his that he believed the Violence Against nomination of Judge Thomas answers to hundreds of written ques- Women Act was unconstitutional. Pro- Vanaskie, despite his 16 years of expe- tions, he has been accused of lack of fessor McConnell’s writings on the ac- rience as a Federal district court judge candor. Professor Liu has not been a tions of Federal District Court Judge in Pennsylvania. That filibuster ended stealth nominee. In fact, his record as John Sprizzo in acquitting abortion when the Senate agreed to vitiate the a professor, public servant and advo- protesters could not be read as any- cloture, end the filibuster, and proceed cate has been a remarkably open and thing other than praise for the extra- to a vote. There were no extraordinary public one. Senators have been able to legal behavior of both the defendants circumstances. review an unprecedented volume of in- and the judge.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3143 Some thought Professor McConnell EXHIBIT 1 sought to invalidate Proposition 8. But, as would turn out to be a conservative ac- MARCH 19, 2010. the example shows, Goodwin knows the dif- tivist judge on the Tenth Circuit. I was Senator PATRICK J. LEAHY, ference between what the law is and what he might wish it to be, and he is fully capable concerned about his refusal to take re- Chairman, Senator JEFF SESSIONS, and unafraid of discharging the duty to say sponsibility for his harsh criticism of Ranking Member, Committee on the Judiciary, what the law is. the Supreme Court’s decision in the U.S. Senate, Dirksen Senate Office Build- As his academic colleagues, we would add a Bob Jones case. But I put faith in Pro- ing, Washington, DC. further point. Given what we know of Good- fessor McConnell’s assurance that he DEAR CHAIRMAN LEAHY AND RANKING MEM- win, it seems no accident that he was asked by his dean (literally before the ink was dry understood the difference between his BER SESSIONS: As your Committee considers the nomination of Goodwin Liu to serve on on his tenure review) to assume the role of role as a teacher and an advocate and the U.S. Court of Appeals for the Ninth Cir- associate dean. If Berkeley is like other law his future role as a judge. He assured cuit, it is our privilege to speak to his quali- schools, the duties of that position include us that he respected the doctrine of fications and character, and to urge favor- planning the curriculum and, importantly, stare decisis, and that as a Federal ap- able action on his nomination in the dis- serving as something of a catch-all for fac- charge of your constitutional duties of ad- ulty requests and complaints. His appoint- peals court judge he would be bound to ment to that role is additional evidence of follow Supreme Court precedent. I val- vice and consent. In short, Goodwin is a per- son of great intellect, accomplishment, and his reputation for collegiality, fairness, and ued the fact that his home State Sen- integrity, and he is exceptionally well-quali- good judgment. ator, Senator HATCH, supported him. fied to serve on the court of appeals. The na- In sum, you have before you a judicial The similarity there—except for the tion is fortunate that he is willing to leave nominee with strong intellect, demonstrated philosophy—is exactly the same with academia to engage in this important form independence, and outstanding character. We recognize that commentators on all sides McConnell and Liu. McConnell was re- of public service. The Committee is no doubt familiar with will be drawn to debate the views Goodwin ported favorably by the Judiciary Com- Goodwin’s personal story as the son of immi- has expressed in his writings and speeches. mittee with my support, and he was grants from Taiwan and his sterling record In the end, however, a judge takes an oath to confirmed to the Tenth Circuit by the of achievements and accolades. We know uphold and defend the Constitution, and in Senate just one day after his nomina- Goodwin as a fellow teacher and scholar of the case of a circuit judge, fidelity to the law entails adherence to Supreme Court prece- tion was reported. We voted for McCon- the law; we have read some of his writings, and we have seen him speak in academic and dent and (apart from the en banc process) ad- nell. They want to stop Liu. public settings. What we wish to highlight, herence to circuit precedent as well. Thus, in Numerous conservative legal scholars beyond his obvious intellect and legal tal- our view, the traits that should weigh most ents, is his independence and openness to di- heavily in the evaluation of an extraor- have praised Professor Liu’s under- dinarily qualified nominee such as Goodwin standing of constitutional law, stating verse viewpoints as well as his ability to fol- low the facts and the law to their logical are professional integrity and the ability to that it falls well within the main- conclusion, whatever its political valence discharge faithfully an abiding duty to fol- stream of American legal thought. may be. These are the qualities we expect in low the law. Because Goodwin possesses Nothing I have read or heard from Pro- a judge, and Goodwin clearly possesses them. those qualities to the highest degree, we are fessor Liu gives me any reason to Two examples help make the point. First, confident that he will serve on the court of appeals not only fairly and competently, but doubt his conviction about the critical Goodwin (and his co-author Bill Taylor) wrote an article in Fordham Law Review in with great distinction. We support and urge importance of the rule of law as the 2005 defending the use of school vouchers to his speedy confirmation. guiding principle of judicial decision- provide better educational opportunities for Respectfully submitted, making. As a professor he has done children trapped in failing schools. The arti- AKHIL REED AMAR, what great professors do—challenge cle provides a careful and candid review of Sterling Professor of the evidence on how vouchers have worked Law and Political our view of the law. But he has left no Science, Yale Law doubt that as a judge he would do what in practice, and it responds to the critics of vouchers in a direct and forceful way. We are School. great judges do in applying the law fairly sure that this piece did not win Good- KENNETH W. STARR, fairly to each case. win any friends in the liberal establishment, Duane and Kelly Rob- erts Dean and Pro- I thank Professor Liu’s home State but it reflected his sincerely reasoned view about one way to improve the life chances of fessor of Law, Senators, Senator FEINSTEIN and Sen- some of our most disadvantaged children. Pepperdine Univer- ator BOXER, for their staunch advocacy Goodwin’s commitment to this issue brought sity School of Law. for his nomination. I also thank the him to Pepperdine in 2006 for a meeting orga- many Senators who have come to the nized by Clint Bolick, then president of the GOLDWATER INSTITUTE, Phoenix, AZ, January 20, 2010. floor to speak in support of Professor Alliance for School Choice. Given how far apart he and Clint are on other issues, Good- Re Nomination of Goodwin Liu to Ninth Cir- Liu’s nomination, including the major- win’s enthusiastic participation in that cuit. ity leader, Senator REID, the assistant meeting demonstrates his willingness to find Hon. ORRIN HATCH, majority leader, Senator DURBIN, and common ground even with people who have U.S. Senate, Hart Senate Office Building, Senators BLUMENTHAL, COONS, CARDIN, quite different beliefs from his own. Washington, DC. FRANKEN, and LIEBERMAN. A second example hits closer to home for DEAR SEN. HATCH: I hope the new year is one of us. In 2008, Goodwin joined an amicus off to a good start for you. I hope Senators from both sides of brief by constitutional law professors in sup- I understand that the President will send the aisle will join me in ending the fili- port of the plaintiffs who challenged Califor- to the Senate the nomination of Goodwin buster of Professor Liu’s nomination. nia’s marriage laws in the state supreme Liu to serve on the U.S. Court of Appeals for He has demonstrated a command of the court. The court ruled for the plaintiffs, but the Ninth Circuit. He is associate dean and law and devotion to it. He has shown in November 2008 the voters of California ef- professor of law at Boalt Hall at the Univer- fectively reversed that ruling by enacting sity of California, and a former Rhodes that he understands the role of the Proposition 8, a state constitutional amend- Scholar and clerk to Justice Ruth Bader judge and how it differs from his career ment that limits marriage to opposite-sex Ginsburg. Although Prof. Liu and I differ on as an advocate and an academic. couples. In October 2008, before Proposition 8 some issues, I strongly support his nomina- passed, Goodwin was called to testify at a tion. I hope every Senator will treat Pro- joint hearing of the California Assembly and I have known Prof. Liu for several years, fessor Liu with the same fairness that Senate Judiciary Committees on the legal since reading an influential law review arti- we gave Professor McConnell, and give issues raised by Proposition 8. He was asked cle he co-authored with William Taylor of the same weight to Professor Liu’s as- to testify as a neutral legal expert (indeed, the Citizens’ Commission on Civil Rights surances that we gave to McConnell’s he was the sole witness tapped for that role), supporting school choice as a solution to the identical assurances. Then the Senate and on the core issue that later became the crisis of inner-city public education. It took subject of a state constitutional challenge, a great deal of courage and integrity for will finally be able to consider and con- Goodwin correctly forecasted that Propo- Prof. Liu and Mr. Taylor to take such a firm this extraordinary nominee. sition 8 would be upheld by the California strong and public position. Subsequently, How much time remains? Supreme Court under applicable precedents. Prof. Liu participated in a program hosted Again, Goodwin’s position, which he also by the Alliance for School Choice bringing The PRESIDING OFFICER. There is stated in a Los Angeles Times editorial, together diverse supporters of expanded edu- 13 minutes 30 seconds remaining. could not have pleased his friends who cational opportunities.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3144 CONGRESSIONAL RECORD — SENATE May 19, 2011 Having reviewed several of his academic vote. We are pleased to join the diverse range who believe it means what it says or do writings, I find Prof. Liu to exhibit fresh, of individuals who endorse Goodwin’s nomi- we want people on our courts who care independent thinking and intellectual hon- nation and urge his swift confirmation. more about advancing an ideology that esty. He clearly possesses the scholarly cre- Sincerely, is antithetical to the Constitution than dentials and experience to serve with dis- MARIANN BYERWALTER, tinction on this important court. Chairman, JDN Cor- they do about upholding it. Thank you for considering my comments, porate Advisory This is the question Presidents need and I hope our paths cross soon. With all best LLC. to ask themselves when it comes to ju- wishes. STEVEN A. DENNING, dicial nominees. And I think this Presi- Very sincerely, Chairman, General At- dent’s preference in this area is clear. CLINT BOLICK, lantic LLC. Based on some of the nominations we Director. JOHN A. GUNN, have seen, President Obama wants men Chairman, Dodge & and women on the courts who will ad- MAY 17, 2011. Cox. vance his vision, who would expand the Hon. HARRY REID, FRANK D. LEE, U.S. Senator, Hart Senate Office Building, CEO, Dragonfly scope of government beyond anything Washington, DC. Sciences, Inc. the founders could have ever imagined. Hon. MITCH MCCONNELL, HAMID R. MOGHADAM, Yet not until now has the Senate U.S. Senator, Russell Senate Office Building, Chairman and CEO, been asked to confirm someone who Washington, DC. AMB Property Cor- has so openly and vigorously repudi- DEAR SENATOR REID AND SENATOR MCCON- poration. ated the widely accepted meaning and NELL: We are a bipartisan group of eight RUTH PORAT, business leaders who write in our personal purpose of the Constitution. And here I Executive Vice Presi- am referring, of course, to the nomina- capacities in support of University of Cali- dent and Chief Fi- fornia law professor Goodwin Liu’s nomina- nancial Officer, tion of Goodwin Liu to the Ninth Cir- tion to the Ninth Circuit Court of Appeals. Morgan Stanley. cuit Court of Appeals. We know Goodwin from his service on the RAM SHRIRAM, So this afternoon I would like to Stanford University Board of Trustees, and Founding Board Mem- take a moment to explain why I believe having observed his character and intellect ber, Google, Inc. it is so critically important that the in the intimate setting of a high-level fidu- JERRY YANG, Senate reject this nomination now by ciary board, we have no doubt that he would Co-Founder and Chief opposing cloture on it. make a superb federal judge. Yahoo, Yahoo!, Inc. The Stanford Board of Trustees is the uni- The first thing I would say about Mr. versity’s governing body. It is the custodian Mr. LEAHY. Mr. President, I suggest Liu is that I have nothing against him of the university’s endowment and prop- the absence of a quorum. personally. No one disputes that he has erties, and it sets the annual budget, ap- The PRESIDING OFFICER. The a compelling personal story or that he points the president, and determines policies clerk will call the roll. is possessed of a fine intellect. But for operation and control of the university. The assistant legislative clerk pro- earning a lifetime appointment isn’t a Election to the board involves a rigorous ceeded to call the roll. right, nor is it a popularity contest. screening process that considers an individ- Mr. MCCONNELL. Mr. President, I ual’s temperament, collegiality, professional Rather, it is incumbent upon those of accomplishments, leadership abilities, and ask unanimous consent that the order us who are required to vote on judicial judgment, among other qualities. The 32 cur- for the quorum call be rescinded. nominees like him to evaluate each rent trustees include leading venture cap- The PRESIDING OFFICER. Without one of them closely—to examine their italists, foundation and university presi- objection, it is so ordered. judicial philosophies, to look at their dents, and more than a dozen chairmen or The minority leader is recognized. records, and to consider their CEOs of major corporations and private eq- Mr. MCCONNELL. Mr. President, temperaments. And that’s just what we uity firms. The board meets five times a year over the past two years, our Nation has have done here. What have we found? for two days at a time, so board members get been engaged in a great debate about to know each other quite well. When it comes to Mr. Liu’s record as Goodwin’s election as a trustee is indic- the kind of country we want America a practicing lawyer, the first thing to ative of his professional stature and integ- to be—a place of maximum liberty and say is that it is almost nonexistent. He rity, as well as his record of public service. limited government, or a place where has no prior experience as a judge and Through the careful and confidential scru- no problem is too big or too small for minimal experience actually practicing tiny involved in the board’s screening proc- the government to get involved. the law. ess, Goodwin emerged as a person widely ad- This debate arose because of a Presi- This means that in evaluating what mired for his intellect, fairness, and ability dent who made no apologies about kind of judge Mr. Liu would be, and in to work well with people of differing views. On the board, Goodwin has lived up to his wanting to move America to the left, trying to determine his judicial philos- reputation. Across a wide range of complex and it continues today, despite wide- ophy, we are necessarily limited to issues, Goodwin routinely asks thoughtful spread opposition to the President’s what he has written. and incisive questions. He is good at think- policies, because of the President’s And what do Mr. Liu’s writings re- ing independently and zeroing in on impor- clear determination to forge ahead. veal? Put simply, they reveal a left- tant issues that need attention. Even in a But just as Rome wasn’t built in a wing ideologue who views the role of a room full of highly accomplished leaders, day, neither is President Obama’s vi- judge not as that of an impartial arbi- Goodwin is impressive. He is insightful, con- sion assured. Rather, it is a work in structive, and a good listener. Moreover, he ter but as someone who views the possesses a remarkably even temperament; progress. bench as a position of power. his demeanor is unfailingly respectful and A big part of the President’s plan was As recently as 2 years ago, Mr. Liu open-minded, never dogmatic or inflexible. to put government in charge of our Na- said he believed that the last presi- Given these qualities, it was no surprise that tion’s health care system. dential election gave liberals, as he put he was asked to chair the board’s Special Another part was making sure gov- it, ‘‘a tremendous opportunity to actu- Committee on Investment Responsibility ernment calls the shots over private in- ally get [their] ideas and the progres- after serving just one year of his five-year dustry and elections—so much so that sive vision of the Constitution and of term. we are actually having a debate right In short, Goodwin’s strengths are exactly law . . . into practice.’’ what we expect in a judge: objectivity, inde- now about whether businesses need to Here is an open acknowledgement by pendence, collegiality, respect for differing ask the White House’s permission to Mr. Liu that a judge should use his po- views, sound judgment. Goodwin possesses move to another State, and whether sition to advance his own views. This is these qualities on top of the brilliant legal private businesses should be forced to repugnant. Anyone who holds such a acumen that is well-established by his pro- disclose political contributions in view as a judge would undermine the fessional record and the judgment of those order to get a Federal contract. integrity of the courts. most familiar with his scholarly work. And still another part of the Presi- And what are Mr. Liu’s views? The confirmation of exceptionally quali- fied nominees like Goodwin should not be a dent’s vision involves the people he In an article he published 3 years partisan issue. We believe Goodwin deserves wants to put on our Nation’s courts. ago, Mr. Liu wrote that courts should the support of Senators from both parties; at Do we want people who have rev- interpret the U.S. Constitution as con- the least, he deserves a timely up-or-down erence for the U.S. Constitution and taining a right to education, shelter,

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3145 subsistence, and health care—a con- thetical to the judicial oath that he dorsed this man who served in the Clin- stitutional right. By this he meant would be sworn to uphold. ton administration. that the courts should determine how Upon his own nomination to the The record is clear. Any claims that ‘‘particular welfare goods’’ should be bench, Professor Liu has sought to dis- Goodwin Liu is anything but deserving distributed rather than the people tance himself from his legal writings. of our confirmation is simply inac- themselves, through the democratic He has also told the judiciary com- curate. But I recognize every Senator process. mittee that he stands by them. Well, has the right to vote how he or she The point is that Mr. Liu appears to he can’t have it both ways. And as oth- feels they should vote. It is worth not- view the judge not as someone whose ers have pointed out, if we can’t go by ing, however, that the vote before us primary job is to interpret the Con- what Professor Liu has written, there now is not a vote to confirm him; it is stitution but as someone whose life- is nothing left upon which to evaluate a vote on whether he deserves an up-or- time tenure liberates him to advance him. down vote. There is no question he does his views of what the Constitution On the question of qualifications, Mr. deserve an up-or-down vote. means and empowers him to impose it Liu just doesn’t have much legal expe- A simple up-or-down vote is hardly a on others. In his view, it is the job of a rience outside of the classroom. And controversial request. This is not only judge to create new rights, regardless while no one is saying teachers can’t be my view and the view of my fellow of what the Constitution says or what good judges, this particular teacher’s Democrats, it is a view of my Repub- the American people, acting through judicial philosophy, as evidenced by his lican friends as well. In a 2004 Law Re- the democratic process, want. writings, is so far outside the main- view article, one of our Republican col- And while this philosophy may be stream that anyone who believes in the leagues, the junior Senator from Texas popular on left-wing college campuses, primacy of the U.S. Constitution and longtime member of the Texas Su- it has no place whatsoever in a U.S. should be deeply troubled by the pros- preme Court, wrote the following: courtroom. Everyone who enters our pect of his appointment to the court. Wasteful and unnecessary delay in the courtrooms should have the assurance I believe this nominee is precisely process of selecting judges hurts our justice that judges will uphold their rights the kind of judge we want to prevent system and harms all Americans. It is intol- erable no matter who occupies the White equally and that they won’t overstep from getting on the bench. He should House and no matter which party is in the their bounds. Mr. Liu’s writings pro- not be confirmed. I will vote against majority party in the Senate . . . Filibusters vide no such assurance. On the con- cloture. I urge my colleagues to do the are by far the most virulent form of delay trary, they suggest a deeply held com- same. imaginable. mitment to the view that the Constitu- I yield the floor and suggest the ab- The junior Senator from Texas is in tion can mean pretty much whatever a sence of a quorum. the Chamber today. We will see if he judge wants it to, that judges can just The PRESIDING OFFICER. The still feels that way or if he will, in his make it up as they go along. clerk will call the roll. own words, hurt our justice system and In Mr. Liu’s court, the defendant The assistant legislative clerk pro- harm all Americans with intolerable couldn’t expect to be protected by the ceeded to call the roll. virulent delays. We will carefully be Constitution and the laws, because the Mr. REID. Mr. President, I ask unan- watching how he votes. law is subject to the whim of the judge. imous consent that the order for the We will also be carefully watching This is precisely the opposite of what quorum call be rescinded. another Republican Senator, the senior Americans expect in a judge. It also The PRESIDING OFFICER (Mr. Senator from Tennessee, who said this happens to be the opposite of what the SANDERS). Without objection, it is so in 2005: Founders envisioned for the courts. As ordered. I pledged, then and there, I would never fil- it says in Federalist 78, the Judiciary Mr. REID. Mr. President, I will use ibuster any President’s judicial nominee, pe- ‘‘has neither force nor will, but merely leader time to give my remarks. I ask riod. I might vote against them, but I will al- judgment.’’ unanimous consent that as soon as I ways see them come to a vote. Compare this with Mr. Liu, whose have finished my remarks, the vote go The senior Senator from Tennessee is writings suggest again and again that a forward. here today. ‘‘Never’’ is about as unam- judge shouldn’t look so much at the The PRESIDING OFFICER. Without biguous as it gets. We will be watching words of the Constitution when setting objection, it is so ordered. to see if he upholds his public pledge. out to interpret it, as they should ‘‘our Mr. REID. Mr. President, 2 days ago A third Republican Senator, the jun- collective values’’ or our ‘‘evolving I came to the floor to talk about the ior Senator from Georgia, said this in norms’’. nomination of Goodwin Liu, an ex- 2005: Let’s be clear. It is the judge, in Mr. tremely well-qualified, fairminded, and I will vote to support a vote, up or down, Liu’s view, who will determine what widely respected legal scholar. The on every nominee, understanding that, were ‘‘norms’’ are ‘‘evolving,’’ not the Amer- President has nominated him to serve I in the minority party or the issues re- ican people. his country on the U.S. Court of Ap- versed, I would take exactly the same posi- peals for the Ninth Circuit. tion because this document, our Constitu- Clearly, the Constitution itself would tion, does not equivocate. take a backseat in his court. All week, this body has heard speech- Indeed, even a brief review of his es about Mr. Liu’s merits, so I will re- The junior Senator from Georgia will writings suggests that, as a judge, Mr. peat them only briefly. He was a be voting this afternoon. Now, as he Liu might very well accord greater re- Rhodes Scholar and clerked on the U.S. predicted, he is in the minority and the spect to foreign law than he would to Supreme Court. He served as associate issue is reversed. We will see if, as he our own Constitution. dean at the California Berkeley School promised, he will take the same posi- As he once wrote: of Law and is a professor there right tion or if he will equivocate. now. He has done a lot of pro bono Here is a fourth. Four years ago, an- The U.S. can hardly claim to have a mo- other Republican Senator, the senior nopoly on wise solutions to common legal work and even helped launch problems faced by constitutional democ- AmeriCorps. On top of all that, he has Senator from Utah, former chairman of racies around the world. lived the American dream. He is the the Judiciary Committee, said this on Again, this might fly in a left-wing highly successful son of immigrants. this floor: classroom—but it is cold comfort to His integrity has been praised by We may not use our role of advise and con- Democrats and Republicans, not just sent to undermine the President’s authority those who look to the courts for equal to appoint judges . . . It is wrong to use the justice under the law. Americans one or two but many. Former Repub- filibuster to defeat judicial nominees who shouldn’t have to wonder when they lican Congressman—and a very con- have majority support, who would be con- walk into an American courtroom servative Congressman—Bob Barr com- firmed if only we could vote up or down. which Nation’s laws they will be judged mended Liu’s commitment to the Con- That is why I have never voted against clo- under. stitution. One of President Bush’s ture on judicial nominations. So, as I see it, there is no question, former lawyers said Liu falls within Yet another pledge never to vote based on his writings, that Mr. Liu’s the mainstream. Even Ken Starr, the against cloture on a judicial nomina- judicial philosophy is completely anti- Whitewater special prosecutor, en- tion. That is four. There are more.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3146 CONGRESSIONAL RECORD — SENATE May 19, 2011 That is precisely the vote before us Tester Warner Wyden We have heard the administration Udall (CO) Webb now. We will be watching to see if the Udall (NM) Whitehouse tout the job-creating benefits of the senior Senator from Utah follows his agreements, so why more roadblocks? own counsel or if he, in his own judg- NAYS—43 Our unemployment rate is nearly 10 ment, undermines the authority of the Alexander DeMint McConnell percent. Our workers deserve a con- Ayotte Enzi Nelson (NE) sistent message on job creation from President of the United States. Barrasso Graham Paul this administration. It has been over a These pledges were made publicly Blunt Grassley Portman and plainly. In a court of law, they Boozman Heller Risch month since President Obama and the would be considered pretty clear evi- Brown (MA) Hoeven Roberts President of Colombia made an an- Burr Inhofe dence. It does not take the great legal Rubio nouncement. The announcement was Chambliss Isakson Sessions Coats Johanns that negotiations had been completed, mind of a Goodwin Liu to recognize Shelby Coburn Johnson (WI) I might add, yet again. I was relieved that simple principle. Snowe Cochran Kirk We have heard the promises. Now we Thune that President Obama finally an- Collins Kyl nounced there was an agreement and will hear the votes. Corker Lee Toomey Wicker that there was a need to complete the CLOTURE MOTION Cornyn Lugar Crapo McCain long overdue agreement. The PRESIDING OFFICER. By unan- I am confident the agreement ANSWERED ‘‘PRESENT’’—1 imous consent, pursuant to rule XXII, brought to the Senate and the House the Chair lays before the Senate the Hatch would finally win bipartisan support, pending cloture motion, which the NOT VOTING—4 and I still am today. In fact, over a clerk will report. Baucus Moran month ago, in the Wall Street Journal, The assistant legislative clerk read Hutchison Vitter my colleagues, Senators BAUCUS and as follows: The PRESIDING OFFICER. On this KERRY, called for Congress to ‘‘restore CLOTURE MOTION vote, the yeas are 52, the nays are 43, a broadly-shared bipartisan consensus We, the undersigned Senators, in accord- and 1 Senator responded ‘‘Present.’’ on trade.’’ Now the administration ance with the provisions of rule XXII of the Three-fifths of the Senators duly cho- seems to be moving the goalposts, sug- Standing Rules of the Senate, hereby move sen and sworn not having voted in the gesting continued delay. They are try- to bring to a close debate on the nomination affirmative, the motion is rejected. ing to hold up these agreements to of Goodwin Liu, of California, to be United ∑ force us to make spending increases States Circuit Judge for the Ninth Circuit. Mr. MORAN. Mr. President, today, I was unavoidably absent for vote No. 74 that were contained in the ill-fated Harry Reid, Patrick J. Leahy, Charles E. economic stimulus bill. Schumer, Richard Blumenthal, Daniel on cloture for the nomination of Good- During the challenging economic K. Akaka, Al Franken, Richard J. Dur- win Liu, of California, to be a U.S. cir- bin, Sheldon Whitehouse, Dianne Fein- cuit judge for the Ninth Circuit. I was times that our Nation has endured, we should all be doing all we can to exert stein, Jeff Merkley, Christopher A. in my home State of Kansas at the every single ounce of energy to get our Coons, Mark Begich, Amy Klobuchar, time of the vote. Had I been present, I Barbara Boxer, Jack Reed, Debbie economy moving again and create jobs. would have voted to oppose the invok- Stabenow, Sherrod Brown. This is not done by heavyhanded gov- ing of cloture on the nomination.∑ ernment, massive new spending, and The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. The Sen- new entitlements when our current imous consent, the mandatory quorum ator from Illinois. call has been waived. programs are unsustainable. It is ac- The question is, Is it the sense of the f complished by lowering and removing Senate that the debate on the nomina- LEGISLATIVE SESSION barriers to our job creators so they can flourish. Korea, Panama, and Colombia tion of Goodwin Liu, of California, to Mr. DURBIN. Mr. President, I ask all have much higher barriers to our be United States Circuit Judge for the unanimous consent the Senate resume exports than we have to their imports. Ninth Circuit shall be brought to a legislative session. These three bipartisan votes should close? The PRESIDING OFFICER. Without have been near the top of the agenda 2 The yeas and nays are mandatory objection, it is so ordered. under the rule. years ago. By now we should be voting f The clerk will call the roll. on new agreements that this adminis- The assistant legislative clerk called MORNING BUSINESS tration has negotiated, not the left- overs from the previous administra- the roll. Mr. DURBIN. I ask unanimous con- Mr. DURBIN. I announce that the tion. sent the Senate proceed to a period of We will need an even greater focus on Senator from Montana (Mr. BAUCUS) is morning business until 6 p.m., with leveling the playing field through trade necessarily absent. Senators permitted to speak for up to Mr. KYL. The following Senators are agreements if we are going to double 10 minutes each. our exports in the next 5 years, which necessarily absent: the Senator from The PRESIDING OFFICER. Without is the goal the President has set. Yet Texas (Mrs. HUTCHISON), the Senator objection, it is so ordered. the administration, claiming that re- from Kansas (Mr. MORAN), and the Sen- The Senator from Nebraska. opening negotiations with Korea, Co- ator from Louisiana (Mr. VITTER). f lombia, and Panama was necessary, The PRESIDING OFFICER. Are there continues to talk through these agree- any other Senators in the Chamber de- PENDING TRADE AGREEMENTS ments. I am not saying every single siring to vote? Mr. JOHANNS. Mr. President, I come agreement before us, or hopefully be- The yeas and nays resulted—yeas 52, to the floor this afternoon during fore us, is perfect. No agreement ever nays 43, as follows: World Trade Week to urge President is. However, let’s not forget that these [Rollcall Vote No. 74 Ex.] Obama to submit pending free-trade agreements were originally negotiated YEAS—52 agreements: Korea, Panama, and Co- in good faith between allies. What does Akaka Franken McCaskill lombia. I hope this is the last time I this delay do to our reputation as a re- Begich Gillibrand Menendez come to the floor on this issue until we liable negotiating partner? Bennet Hagan Merkley are actually debating these job-cre- Bingaman Harkin Mikulski Back where I come from in Nebraska, Blumenthal Inouye Murkowski ating agreements, but I must admit I a lot of business is still done with a Boxer Johnson (SD) Murray feel as though I am holding my breath. handshake. We trust our neighbors be- Brown (OH) Kerry Nelson (FL) Mr. President, 1,420 days have passed cause they are good people with good Cantwell Klobuchar Pryor Cardin Kohl Reed since the U.S.-Korea Free Trade Agree- values. But if one makes a deal with Carper Landrieu Reid ment was signed; 1,422 days have passed someone and shakes on the deal and Casey Lautenberg Rockefeller since we signed an agreement with they keep changing the terms or delay- Conrad Leahy Sanders Panama, and it has been 1,640 days ing the followthrough, one tends to Coons Levin Schumer Durbin Lieberman Shaheen since we completed negotiations with stop dealing with those people. I sure Feinstein Manchin Stabenow our close ally, Colombia. hope that does not happen to us.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3147 The fastest growing opportunities for In proclaiming this week as World store in the country we see the number American businesses, farms, and Trade Week, the President noted the of products made in China that used to ranches are outside of our borders. Our connection between the global econ- be made in Vermont or Ohio or Michi- greatest opportunities are overseas in omy and prosperity in our own coun- gan or Pennsylvania or Mississippi or rapidly developing countries. I fear try. ‘‘To ensure our success,’’ he called wherever. So we know with these trade that these long delays have hurt our for ‘‘a robust, forward-looking trade agreements, every time they come to ability, the ability of our government agenda that emphasizes exports and do- the floor the promise is they are going to negotiate high-quality trade agree- mestic job growth.’’ It is disappointing to create jobs for Americans. They did ments. But, most importantly, it has that the positive steps forward we have it with NAFTA. They did it with PNTR hurt the ability of Americans to com- seen over the past few months have with China. They did it with the Cen- pete in these growing marketplaces. slowed in recent days, and we just can- tral American Free Trade Agreement. Let’s not pretend this delay has not not afford more setbacks. Now they are saying the same thing cost American workers. Since the Co- I look forward to working with the with South Korea, Panama, and Colom- lombia agreement was initially signed administration over the next 2 years on bia, that it is going to create American all those days ago, our businesses and forward-looking trade efforts. Real jobs. Well, it doesn’t ever. Maybe the our agricultural producers have paid progress forward would produce great theory is good. I don’t think the theory nearly $3.5 billion in tariffs for goods opportunity in our country, but we is very good, but maybe it is, but it exported. That is enormous, especially have to get this work done first. There- doesn’t seem to work out that way. when we consider that the U.S. Inter- fore, it is my hope that the President I urge my colleagues to listen to national Trade Commission estimates will bring to us, without delay, the what these supporters of trade agree- that an American job is supported for Korea, Panama, and Colombia Trade ments say, to be sure; trust but verify. every $166,000 in exports. Agreements for us to vote yes. Ask the tough questions: Why is this Instead of wasting money on tariff I yield the floor. going to create more jobs? We know payments, the U.S. manufacturing and I suggest the absence of a quorum. the cost of the South Korea trade agricultural sectors could have spent The PRESIDING OFFICER. The agreement is literally $7 billion. It is billions of dollars creating jobs at clerk will call the roll. going to cost us a lot of money. They home. The legislative clerk proceeded to are not paying for it. These fiscal con- I hope we can soon get past the con- call the roll. servatives here don’t want to take tinued delays and the administration Mr. BROWN of Ohio. Mr. President, I away the subsidies from the oil indus- can signal to us that they are serious ask unanimous consent the order for try. They also don’t want to pay for about doubling exports in 5 years. the quorum call be rescinded. the trade agreement that is going to On July 1, less than 2 months away The PRESIDING OFFICER. Without cost us $7 billion, plus the lost jobs from now, the trade agreement be- objection, it is so ordered. that come about as a result. tween the European Union and South f We know what these lost jobs mean Korea goes into effect. It is also the to Mansfield, OH. We know what they FREE-TRADE AGREEMENTS date that the FTA between Canada and mean to Sandusky and Chillicothe and Colombia goes into effect. The nego- Mr. BROWN of Ohio. Mr. President, I Cleveland and Dayton, proud cities tiators for other countries are watch- appreciate the words of the Senator with a proud middle class that have ing the United States, and they have from Nebraska about these trade agree- seen these manufacturing jobs so often seen a lack of trade policy. They have ments. I take them at face value. I go straight to Mexico, go straight to seen a change here, and they are doing know he means well. I know he believes China, go straight to countries all over everything they can to fill that vacu- these trade agreements help the Amer- the world after we sign these trade um with negotiated and approved ican people. agreements or after we change these agreements. Now our exporters will I also know every time there is a rules about trade. face even greater competition when our major trade agreement in front of this At a minimum, I have asked the trade agreements are approved, and Congress—the Presiding Officer’s first President of the United States by let- hopefully they will be. one, I believe, and mine, was something ter, with 35 or so Senators who also The President said it very well in his called the North American Free Trade signed this letter—and we will release State of the Union Address: Agreement. They promised and prom- it and send it to the President tomor- If America sits on the sidelines while other ised, saying there would be all kinds of row—underscoring the President’s nations sign trade agreements, we will lose jobs and our trade surplus would grow; commitment and the commitment of the chance to create jobs on our shores. that it would be not just more jobs but the U.S. Trade Representative, Ambas- That is exactly what is happening. I better paying jobs. It did not quite sador Kirk, and the President’s eco- will give one example. In 2007 Amer- work out that way with NAFTA. nomic adviser, Gene Sperling, who said ican wheat farmers supplied Colombia Then they did the same kind of prom- they will not send these free trade with almost 70 percent of the wheat ise and overpromise with PNTR, nor- agreements to the Congress until the market, even though they faced tariffs mal trade relations with China. In President has had an opportunity to of 10 to 35 percent. By 2010 our wheat Mexico with NAFTA we had a trade sign trade adjustment assistance. farmers’ share of the market had surplus not too many years before Trade adjustment assistance simply dropped to 46 percent. Where did that NAFTA was signed, and it turned into says when you lose your job because of business go? a multibillion-dollar trade deficit. a trade agreement, you at least are eli- Meanwhile, Canada’s share grew from With China we had a small trade def- gible for assistance for job retraining. 24 to 33 percent. That percentage will icit. A deficit in trade means we buy To me, the problem is the trade agree- skyrocket when Canadian farmers can more from that country than we sell to ments and they are costing us jobs. But export their products duty free on July that country. President Bush said a $1 at a minimum, the great majority of 1. Our wheat farmers may effectively billion trade surplus or deficit turns Democratic Senators here understands, be shut out of a market that they into—he had different estimates, but along with the President, that we don’t dominated at one point in time. between 13,000 and 19,000 jobs is what pass these trade agreements without Americans who are out of work know he used to say. Whether or not that is helping these workers who are going to firsthand that an opportunity is being precise is a bit beside the point. The lose their jobs. missed. Nebraska farmers, businesses, point is, if we are selling a lot more To me, it is a little bit counterintu- workers, those across the country than we are buying, it is going to cre- itive: Why pass these trade agreements know we can compete with anyone ate jobs in our country. If we are buy- at all if we expect job loss to come given a level playing field. After the ing a lot more than we are selling, we from them. But the other side of the absence of leadership on trade in Wash- are going to lose manufacturing jobs. argument is that jobs will increase ington during the last 2 years, though, We went to literally hundreds of bil- overall, although it doesn’t seem to the job of competing is harder and lions of dollars in trade deficit with work that way. But everybody knows harder. China after PNTR. If we go into any some people are going to lose jobs as a

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3148 CONGRESSIONAL RECORD — SENATE May 19, 2011 result of these trade agreements. That middle class. But if we believe in col- pany may have retaliated against is a bit of circular thinking that I don’t lective bargaining, if we believe in free workers. The NLRB and Lafe Solomon, particularly buy. But at a minimum, association, if we believe in the right of the acting general counsel, have not because so often when these trade the people to voluntarily organize and only the right but the responsibility to agreements pass, conservative Repub- then bargain collectively, we shouldn’t investigate and act where the facts and lican—sort of pro corporate interest— be passing a trade agreement with a the law establish a right and obligation Senators, will say, Well, we want to country that has an environment to do so. So no one should be trying to take care of these workers and let’s where so many labor activists have prejudge this case before it goes before pass a trade agreement, and then they been murdered. the administrative judge, and no one don’t get around to taking care of the I wish to remind my colleagues again should be seeking a pass from the ap- workers. That is why we have to do how important this trade adjustment propriate process, and no one should be trade adjustment assistance first and assistance is before we pass these trade seeking to intimidate or to interfere to begin to enforce these trade rules. agreements. with this lawful proceeding. I come to We saw in Ohio alone in the last 3 or I yield the floor. the floor today because of the prospect 4 years, because we enforced some The PRESIDING OFFICER. The Sen- of exactly that danger occurring. trade rules—because the President of ator from Connecticut. On May 12, Chairman DARRELL ISSA, representing the House Committee on the United States, President Obama, f and the Commerce Department and the Oversight and Government Reform, International Trade Commission stood NLRB sent a letter to the acting general up and enforced trade rules on China’s Mr. BLUMENTHAL. Thank you, Mr. counsel of the NLRB requesting that it gaming the system on tires, on oil President. produce virtually all internal docu- country tubular steel, and less so, but I rise today to voice my concerns ments relating to this case. Indeed, the on coded paper—we have seen jobs in about a great deal of controversy sur- letter has a number of specific para- the United States come back because rounding a complaint issued under the graphs that are sweeping in their we are leveling the playing field so National Labor Relations Act against scope, requesting, for example—de- they can’t game the system as much. the Boeing Company. Boeing recently manding—that all documents and com- That is why it is important that we decided to open a new plant in South munications referring or relating to take care of workers before these trade Carolina. The National Labor Rela- the Office of General Counsel’s inves- agreements come to the Congress and tions Board’s acting general counsel tigation of Boeing, including but not then we will debate trade agreements. I issued a complaint because of evidence limited to all communications between hope we can defeat them—I think it is that this decision was made in retalia- the Office of General Counsel and the going to be hard—and we make sure we tion for recent strikes at the Boeing National Labor Relations Board. The do the enforcement of these trade rules plant in the Puget Sound area. House committee, with all due respect, that are now in existence that are now I hope there is no dispute about a is not a court. It is not the administra- part of the law and get that in place couple of points. First, Boeing is a tive judge. It is not a proper party to and strengthen that before we pass highly reputable company that pro- be demanding these documents in the these trade agreements. duces great products valued around the course of a lawful judicial proceeding. It is a pretty simple thing to do, but world, and great jobs. Not just jobs but The chairman’s attempt to insert the it is important. In one of the trade good jobs. There should be no doubt committee into this case by conducting agreements the Senator from Nebraska also about the importance of public de- its own round of discovery at this point mentioned, he was talking about the bate, robust criticism of government would interfere with the NLRB’s abil- Colombia Free Trade Agreement. I agencies, including the National Labor ity to prepare and present its case be- could speak on each of the three to the Relations Board, when it makes deci- fore a real judicial officer. These actions and some others are an point of perhaps boring some of my col- sions that spark disagreement. I have attack on the integrity of the NLRB, leagues. But on the one trade agree- the greatest of respect for my col- an attack on its ability to make deci- ment that is particularly egregious leagues on both sides of the aisle who sions and enforce the law as the Con- with the country of Colombia, just last may have been critical of NLRB deci- gress has instructed it and required it year, 50 trade unionists, 50 labor activ- sions in the past and of this action in to do based on decisions involving the ists in Colombia were murdered—50 the present. There should be no doubt facts and the law alone. The NLRB is murders. They are saying, the sup- also about the importance of the integ- part of our justice system, and it rity of the NLRB process which begins porters of these trade agreements say should be given the opportunity to do with a complaint, which is all we have yes, but they are getting better in Co- justice in this instance. It should be lombia and fewer trade activists are here against Boeing, and then has a given the opportunity to protect fair- getting murdered so it is getting bet- procedure for consideration by an ad- ness and peace at the workplace, which ter. ministrative law judge of the facts and is ultimately its mandate and its very Not that long ago, a labor rights law- the law, then to the full board of the solemn responsibility, and its tradi- yer was shot. He did not die. He sur- NLRB, and a right of appeal to the tion. Its mandate from the Congress is vived, was injured badly. There is Court of Appeals for the District of Co- to protect jobs and foster economic something a bit untoward about saying lumbia circuit. growth by maintaining peace and fair- to this country, because you are get- Here, in this instance, there has been ness at the workplace. These priorities ting better and fewer trade unionists a series of attacks on the complaint should be shared by all of the country. are getting murdered, we ought to give and the acting general counsel that in- I certainly believe and hope that the them free trade, we ought to do a free volve apparent efforts to impede or de- people of Connecticut want fairness trade agreement. I hope we will stand rail that process and to prejudge and and peace in the workplace, as we do in back. If we care about justice and even preempt that process. The effect our workplaces. human rights and about the values we is to politicize and potentially stop The NLRB, very simply, should be embody of democracy and fair play, we what should be a legal proceeding han- given that opportunity to do justice shouldn’t be passing a trade agreement dled under the appropriate rules and without improper or inappropriate in- with a country where the labor envi- laws and statutes by an independent terference by Members of the Congress ronment is such that these labor union government agency. This issue is about or anyone else. My hope is that it will activists who believe in collective bar- the integrity of the process. be vindicated and the attacks will gaining and free association, collective At this point there is only a com- cease, and that it will be given the op- bargaining—such as the consensus we plaint against Boeing. This complaint portunity to go forward lawfully and have in this country around collective was issued on the basis of statements appropriately and properly. bargaining—at least we did until some and documents and actions by the com- Thank you, Mr. President. I suggest radicals in Ohio and Wisconsin tried to pany itself. There is certainly evi- the absence of a quorum. write and pass legislation that unwinds dence, including at least one Boeing The PRESIDING OFFICER. The some of that which has helped create a executive’s statements, that the com- clerk will call the roll.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3149 The legislative clerk proceeded to this on the floor, we have taken our come—let’s just say it is $100, and we call the roll. bill, we have been in the Homeland Se- don’t know what it is because we do Mr. PRYOR. Madam President, I ask curity Committee, and it has been re- not know all of the facts. They are in unanimous consent that the order for worked and modified. Our staff and the process of going through the proc- the quorum call be rescinded. many other staffs on the committee ess, but we don’t know all of the facts. The PRESIDING OFFICER (Mrs. worked on this late last week and over I am not trying to get in their personal MCCASKILL.) Without objection, it is the weekend and early this week, and I financial information. But the bottom so ordered. think they spent over an hour with line is, let’s say it is $100 a month, the Mr. PRYOR. Madam President, are FEMA on the telephone to make sure disposable income. These folks are on we in morning business? they understand all of FEMA’s proc- Social Security, so you know it is not The PRESIDING OFFICER. We are. esses and how this really works. going to be a whole lot more than that, f But the bottom line is, yesterday in if that. But for 5 years, FEMA taxes all FEMA RECOUPMENT Homeland Security, I was able to offer of their disposable income. At the end Mr. PRYOR. I rise to speak for 10 my new substitute bill, which was of 5 years, FEMA has collected $6,000 minutes on an issue that is very impor- adopted in the committee, the sub- on a $27,000 debt. I mean, are we really tant to not just my State but really stitute was adopted—the amendments getting what we want out of this? Are important to the country. were adopted to the bill. So we now we trying to squeeze blood out of a tur- We know flooding is going on around have a new bill in terms of the text of nip? the country. This is a picture from Ar- the bill. The changes were negotiated. I have been working on this legisla- kansas, and clearly there are people all Again, we spent a lot of time talking to tion for 2 months. All we are trying to over the country or all over the South staff and Members from both sides of do is give FEMA clearly in the statute along the Mississippi River who are un- the aisle, both sides of the committee. some discretion to let them make deci- derwater. You can see the very end Basically what it does is very simple, sions, again, when equity and good con- here; this little end is a lawn mower and it is much simpler than what we science would dictate that there ought that is sticking up out of the water. were doing a week ago. It is very sim- to be a waiver. And it is not that hard. The water is coming up to the bottom ple. What our bill does is it gives the I know that right now in the Con- of the windowsill in this home over in FEMA Administrator the authority to gress—and this is a good thing—people east Arkansas. So we certainly send waive disaster assistance recoupment are very money-conscious. That is our prayers and any sort of assistance efforts if three conditions are met. You good. We are pinching pennies. That is we can to people in my State, in Lou- have to meet all three conditions. good. We are trying to recover every isiana, Mississippi, other places, Mis- First, the disaster assistance must Federal dollar we can. That is good. I souri—obviously in Missouri they have have been distributed based solely on a know the Presiding Officer right now had a lot of water up there—and Ten- FEMA error. So there can be no fault has been leading the charge on that, nessee and other places that are really on the part of the person but solely on and that is good, and we applaud her. underwater right now. a FEMA error. Second, there cannot be We are cheering for her to continue to What I want to talk about today, any fraud or any misrepresentation on do that. We want her to do that. We though, is not this flooding the coun- the part of the debtor. Third, the col- want that for the government. But one try is experiencing right now but a lection of the debt would be against eq- of the things our government should do flood in my State that happened 3 uity and good conscience. And the rea- in dealing with its citizens is consider years ago. We had a situation 3 years son we chose that phrase, ‘‘equity and the equity and consider doing things in ago where we had some flooding on the good conscience,’’ is not because we good conscience. White River near a town called Moun- made it up but because that is the I want to talk about the situation tain View, and FEMA paid out some standard that is in current law. The here in Arkansas. I want to talk about money to flood victims there. It turns Department of Defense uses that lan- one family who has received one of out some of that money was paid out guage when they talk about these letters from FEMA. There are wrongly. recoupment, the Social Security Ad- not very many. We don’t know the I want to talk about that in just a ministration uses that language, but exact number, but we know there are minute, but let me start with June 1, also OPM has that language in their not very many who will fall under this 1865. In President Lincoln’s Gettysburg law as well. So this is not setting a statute we are trying to address. Address, he described our government precedent; this is basically applying But in this one family, they are in as a government of the people, by the other standards, recognized standards their seventies. They are on Social Se- people, and for the people. I like Presi- in the Federal Government, to FEMA. curity. They bought or built this dent Lincoln’s description of our gov- The reason this is important is home—I am not sure which—years and ernment, and I firmly believe our gov- FEMA technically has discretion right years ago on the White River near ernment was created by our citizens to now. FEMA can’t tell us the statistics Mountain View. When they purchased protect our citizens. It is there for the because they don’t keep the statistics, the home, they bought flood insurance. benefit of our citizens. That is what I but basically what we hear over and They knew they were on a river. They want to talk about today. over from FEMA and other folks who knew it might flood. It is a river, for Many of you have heard me talk are familiar with this process is that crying out loud. It is in Arkansas. It about FEMA’s disaster assistance they cannot—or they are very reluc- rains a lot from time to time. They recoupment process, which, by the tant to waive these debts. They feel knew it might flood, so they bought way, I am 100 percent for recoupment. they have a mandate to go recoup this flood insurance. Our Federal agencies make mistakes, money and collect this money, and Well, after so many years, the flood and they send out things in error. that is what they do. insurance company said: We are not There is some double-dipping. There is Quite frankly, in some circumstances going to do any more flood insurance. some lack of oversight. There are poor what they will do is they will force We are not even offering that line any- systems in place from time to time. someone to go through this appeal more. There is some fraud, some dishonesty process, they will make a determina- They went to Lloyd’s of London and out there. I think the Federal Govern- tion that maybe that person may have they bought flood insurance. They ment owes it to the taxpayers to go out $100 a month in disposable income, and went overseas to buy flood insurance so and recoup as much of that money as they will basically take that $100 a they would have protection. They car- possible. I want to focus on one sliver month from that person every month ried that for a number of years. Fi- of that, and even within that sliver, a for, say, 5 years. nally, Lloyd’s of London said: We are very small piece of that small sliver; In the case in Arkansas I want to not doing flood insurance anymore. that is, FEMA’s disaster assistance talk about here in just a moment, the So then they tried to buy flood insur- recoupment process. people supposedly owe back, according ance through the National Flood Insur- I have a bill on this subject, and to FEMA, $27,000. So if they did that ance Program. They could not do that since the last time I have spoken about and they took all of their disposable in- because the county where they reside

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3150 CONGRESSIONAL RECORD — SENATE May 19, 2011 had not passed an ordinance that look at their regs, look at some of One last thing on FEMA. I feel like FEMA had approved. Now, I don’t know their law, look at their practices, they FEMA has fixed this for the present why they had not, haven’t gotten into do technically on paper have this dis- time and going forward. When Director the merits of that, but the bottom line cretion, but apparently they are very Fugate came in, this is one of the is that FEMA knew this county did not reluctant to use it, and their inspector many cleanups he had to do from the pass this ordinance. They knew it. general is really pressuring them to previous FEMA administration. I think They had to know it because FEMA collect every dime they can. So FEMA they have done that, and they have keeps it all by ZIP Code. They keep it feels as if their hands are tied. better systems in place. I think their all by county. They keep it all by flood Let me say a couple more words competence level has gone up in the zone maps. They knew this. Nonethe- about this. I have asked the Homeland last couple years. I don’t agree with less, they show up at her house a day Security Committee to allow us to re- him on everything, but I think he has or two after the disaster, they take consider this in the committee. There done a pretty good job. We have asked photos, they give her the paperwork, was a little bit of an odd circumstance questions of him before the committee. and they assure this couple—they as- in the committee yesterday. We had He took over an agency that was in dis- sure them—that they are entitled to the votes, but some of the Senators tress, and he is trying. Generally, he this money, and they walk them who were there and for this either had has done a great job, and he thinks he through the process. The people did it. to leave or were on the way when we has fixed this. As far as I know, he has. They got $27,000 from FEMA in this in- voted, and we ended up not having I think they have their act together enough to pass it. If everyone was dividual assistance money. Those peo- much more than they did back then. there, we would have passed this. Now ple took every dime of it and put it My point is, hopefully, we will not we are asking them to reconsider, that back in their home—every dime, put it see these kinds of cases come from the we be allowed to bring this back up on back in their home. They played by the flooding we are seeing right now. These the next markup, which I think is are legacy cases from the previous rules from the very beginning to the going to be next week. We would like very end. to do that. We think it is a matter of FEMA administration. Then, 3 years later—3 years later— I thank my colleagues for being fairness. FEMA writes them a letter and says: The reason I am asking this and I am aware of this. I ask my colleagues on Oh, by the way, we made a mistake. We so insistent on this is because this is the Homeland Security Committee to should have never given you that not limited to my State. I am not just allow us to bring this back up, put this money in the first place because your trying to help a few people in the State back on the markup, and let’s get it county had not passed this ordinance. of Arkansas. I think there are very few out of the committee. So you owe us $27,000. You have 30 days in number here in my State. But what One of the great things about Home- to pay it back or you are going to face is happening around the country is—I land Security is that very seldom do penalties and interest. saw it today. There were two stories; I we have party-line votes in that com- Well, again, this couple is in their believe one was from Tennessee, one mittee. That committee is very non- seventies. They are on Social Security. was from Mississippi. The same thing partisan. The chairman and the rank- They don’t have much else. They have is happening in those States. People ing member insist on that. When we sit their home. That is about it. This are starting to get these letters from in that committee, we actually sit could ruin them financially—probably FEMA. What is going to happen is all around the table, Democrat, Repub- will ruin them financially. I do not of my colleagues are going to start lican, Democrat, Republican. It is a know how in the world they would ever great committee to serve on. I love pay this, anywhere close to the $27,000. coming to the Homeland Security Committee, and they are going to say: being on that committee. I hope my But nonetheless FEMA says: Look, our colleagues on the committee and also hands are tied. We have to pursue this. Do something about this. We have in the Chamber will encourage us to We have to squeeze everything we can these hardship cases in our State that move this through the committee next get out of these folks. need to be addressed. My view is that this was completely Trust me on this, this is going to week and try to get this done to help a FEMA’s mistake. That is why I opened happen for most people in this Cham- lot of people around the country. with the quote that we are supposed to ber in their home States because With that, I yield the floor and sug- be a government of the people, by the FEMA has a backlog of 165,000 of these gest the absence of a quorum. people, and for the people. This doesn’t cases. They have only gone through a The PRESIDING OFFICER. The sound as if FEMA is acting like that little over 5,000 of them to send these clerk will call the roll. type of government right now. FEMA back—process these and send these let- The assistant legislative clerk pro- has caused these people harm. Our gov- ters out. They have 165,000. They have ceeded to call the roll. ernment should never harm its own done about 5,000, and they have 160,000 Mr. KIRK. Madam President, I ask people—should never harm its own peo- to go. You can bet your bottom dollar unanimous consent that the order for ple—but that is exactly what they have most Senators in this Chamber will the quorum call be rescinded. done here. Because of FEMA’s incom- have people in their home States who The PRESIDING OFFICER. Without petence back 3 years ago, they are need a little equity, a little grace, and objection, it is so ordered. harming these people. need to have their government stop Mr. KIRK. Madam President, I ask These people, 3 years ago, had they beating up on them. unanimous consent to be recognized as known they were not eligible, had they Again, I feel very strongly that, in in morning business. known they shouldn’t apply for this, this particular case, FEMA has done The PRESIDING OFFICER. Without had they known FEMA shouldn’t have these people harm. They have put them objection, it is so ordered. given them this money, would have in a very dangerous position finan- f taken a different course. They would cially. They gave them some money, and now they are trying to jerk the rug NAVY OPERATIONS OFF THE have made decisions based on the cir- COAST OF SOMALIA cumstances they had at the time. Who out from under them and take it back. knows if they can ever pay this money I think that is unfair. I think that once Mr. KIRK. Madam President, I rise to back. Who knows if they can ever bor- these cases—and there will not be commend the work of our Navy oper- row any money. Who knows how this is many of them; there may be a couple ating off the coast of Somalia. going to work out. hundred around the country—but once Over the weekend, the USS Stephen I feel as if, if we gave FEMA the dis- people get into these cases, they are W. Groves encountered a pirate cretion in this particular case, you going to want FEMA to clearly have mothership, a captured Taiwanese fish- would see a different result; you would this discretion. The first numbers we ing vessel, the Jih Chun Tsai. The pi- see FEMA say: OK, we will waive this ran—it was only about three-tenths of rates aboard exchanged fire with the entirely, and we are just not going to 1 percent, but now probably it may be Stephen W. Groves. Once the firefight pursue you because it was all our fault. a little higher, but we don’t know be- ended, a boarding party found that the I think FEMA clearly needs to have cause FEMA doesn’t keep accurate sta- Taiwanese captain had been murdered discretion in the statute. Again, if you tistics. along with three pirates. The crew of

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3151 the Groves captured 19 surviving pi- volved in our electoral process and to portance of one’s vote—all of which go rates, but, unfortunately, by much highlight a West Virginia school with a a long way in opening the minds of higher command, was instructed to re- standout record for going the extra young adults and showing them that it turn them directly to Somalia. mile to encourage students to register is easy to become involved, cast a vote, I recently visited the Groves, shortly and participate in voting. and make a difference. after a previous engagement with the I tell young people all the time: You I have said this to so many young Jih Chun Tsai in April. I, personally, cannot sit on the sidelines and watch students and the students who come commend CDR Matthew Rick and his life happen. You have to get in the and work with us every day: The most crew aboard the Stephen W. Groves for game and start making the calls. The valuable thing you will ever own in the work they have done fighting pi- same can be said about our democracy. your life is your vote. It belongs to you racy in the Gulf of Aden. Their actions If you want results, you have to first and nobody else. There is only one— over the weekend eliminated the pirate become an informed and active voter. your vote. Nobody can take that away threat of one mothership, but, unfortu- Voting is one of the greatest rights from you. nately, there are many more to take the free people of a free nation possess. I applaud Meadow Bridge High out. Over the course of our Nation’s history, School’s students, faculty, and staff for Also, on Monday, a helicopter from many have fought tirelessly to gain their commitment to our democracy. I the USS Bulkeley responded to a dis- voting rights. In fact, it was West Vir- challenge other high schools to follow tress call from the M/V Artemis Glory, a ginia’s very own Senator Jennings Meadow Bridge’s example. German-owned crude carrier. The heli- Randolph who relentlessly pushed for Let us work together to encourage copter crew from the Bulkeley saw the the 26th amendment to our Constitu- our Nation’s young adults, even more pirates firing on the merchant ship and tion, ensuring those 18 years of age or when it comes to our democracy and returned fire, sinking the skiff and older had the right to cast a ballot. It national issues. This is not a partisan killing the four pirates aboard. took him almost 30 years to get it issue, as so many things might be in Also, on Monday, the USS Bainbridge passed. He started during World War II. this body. This is not. It is all of us responded to a distress call from a It did not pass until 1971. working together to continue to lead cargo carrier, the MSC Ayala. After the Each vote matters and the individ- this great country. It is all of us being crew of the Ayala repelled a pirate at- uals casting those votes matter even Americans and that we should support, tack, the Bainbridge arrived and lo- more. I know that firsthand because I for the future of our great Nation, this cated the mothership responsible for was honored to serve as West Virginia’s democracy of ours and the freedom to the attack. The crew made contact highest elections officer, secretary of vote. with the pirates, who ultimately state. I served from 2000 to 2004. I am so proud that West Virginia’s agreed to abandon the mothership they During my tenure, we established a own Meadow Bridge High School is had hijacked just 4 days before. Iron- program called Saving History and such a good example, not only for the ically, the skiff the pirates tried to flee Reaching Every Student Program, State of West Virginia but for young in sank, and the pirates were rescued which was known as the SHARES Pro- students all over this Nation. by the Bainbridge. gram which promoted democracy in Madam President, I suggest the ab- I commend the men and women serv- West Virginia schools. We registered sence of a quorum. ing on the USS Stephen W. Groves, the 42,000 high school students. In my The PRESIDING OFFICER. The USS Bulkeley, and the USS Bainbridge State, so many of the students, if they clerk will call the roll. for jobs very well done. My hope in the are 17 years of age but they turn 18 on The assistant legislative clerk pro- future is that we can have far more ro- election day of November 4 or before, ceeded to call the roll. bust rules of engagement, empowering can vote in the primary while they are Mr. BLUNT. Madam President, I ask Commander Rick and his fellow com- 17. They did not know that. We started unanimous consent the order for the manders to eliminate the threat of pi- promoting it. We had ambassadors. quorum call be rescinded. racy. They were all working and trying to The PRESIDING OFFICER (Ms. Of course, this mission would be in get 100 percent of their class eligible to KLOBUCHAR). Without objection, it is so the highest traditions of the U.S. Navy participate—to register and then vote. ordered. and in the tradition of the Jefferson Then we rewarded them with a school f administration, which so ably handled of excellence. My staff and I traveled FREEDOM IN THE MIDDLE EAST this threat when it emerged in the the State speaking with high school early part of the 19th century. My only seniors, encouraging them to complete Mr. BLUNT. Madam President, I rise hope is that, in the coming administra- a voter registration form and to par- today to talk about President Obama’s tion review by Secretary of State Clin- ticipate in our elections. speech today on the support of the ton, she adopts a more Jeffersonian A decade after that program began, it Arab spring, at least what we are call- policy with regard to this threat, so gives me great pleasure to stand on the ing the Arab spring. I believe and hope, the sealanes, which control 70 percent Senate floor today and recognize a as many of my colleagues do, that it is of the world’s supply of oil, and so the school—one school—that truly takes it in the best interests of the United ransoms, one-third of which are now to a whole other level with their stu- States to advance freedom in the Mid- being paid to terrorists who operate dents. They took it very seriously as dle East. the largest terror training camps on far as democracy and their right and Supporting free people and demo- Earth, can be eliminated. their responsibility to participate. cratic governments has always guided I yield the floor and suggest the ab- Every year for the past decade, the American foreign policy. Lending our sence of a quorum. staff and the members of Fayette support to people who yearn for free- The PRESIDING OFFICER. The County’s Meadow Bridge High School, dom is really part of our national DNA. clerk will call the roll. with their outstanding principal, have Doing so in a practical and pragmatic The assistant legislative clerk pro- registered 100 percent of each senior way within the context of regional sta- ceeded to call the roll. class. This is truly a remarkable ac- bility is imperative to our own na- Mr. MANCHIN. Madam President, I complishment. I am unaware of any tional security. ask unanimous consent that the order other school in our great State or In recent weeks I have been very sup- for the quorum call be rescinded. across this Nation that has produced portive of the President’s actions as The PRESIDING OFFICER. Without voter registration numbers such as they related to Osama bin Laden and objection, it is so ordered. those for 10 years in a row. Think of it: the decisions that were made there. In f Every student in the senior class of recent months I thought the President this school for 10 years registered to has been a little unsteady in advancing STUDENT VOTING participate. the principles I mentioned earlier. He Mr. MANCHIN. Madam President, I The school takes important steps demonstrated uncertainty in dealing rise today to speak about the impor- such as explaining the registration with President Mubarak before with- tance of getting our young people in- form, the election process, and the im- drawing his support and, if I can say so,

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3152 CONGRESSIONAL RECORD — SENATE May 19, 2011 withdrawing his support suddenly. about us; it was not about Israel; it was do not set expectations so high that we After hesitating for several weeks and about jobs and food and economic op- create deep challenges not only for allowing Mr. Qaddafi to regroup, we portunity. So that has to be one of the that process but also for the kind of re- then authorized U.S. participation in a criteria that these governments would gional acceptance of Israel that must NATO air operation with a confusing be looking at. occur in order to achieve peace. mission that does not have the kind of Third, they need to demonstrate a In particular, I am concerned that U.S. leadership that it might have ben- record of support for the rule of law, a the President believes that unilateral efited from. prerequisite for ensuring that U.S. aid concessions by Israel, including rede- Then in Syria we stood on the side- dollars will not be used to subvert the fining its borders, are a pathway to lines for weeks while terrible things system of justice or to veil opponents peace. I simply do not think that happened to profreedom demonstrators or undermine constitutional govern- makes sense. There does not even ap- before we finally announced a series of ment. pear to be a Palestinian partner capa- sanctions just this week. Fourth, they must respect minority ble of making the hard decisions that Of course, we all recall that in 2009, and religious freedoms, including wom- must occur in order to get an agree- the Iranian regime possibly could have en’s rights. ment. been unseated by proponents of free- Fifth, they must have a sustained Do we really think that Hamas, dom. At that time the President and commitment to democratic reform and which has recently joined the govern- the United States barely lifted a finger institution building. Nobody believes ment, is going to be a party to a peace to support those elements. that democratic societies spring up deal with Israel? The Palestinian Au- Indeed, the President’s entire nar- overnight, but recent months remind thority has made real progress on the rative has been unclear since he took us that failing to demonstrate commit- West Bank in recent years, while office, from the time of his Cairo ment to more open systems of govern- Hamas has brought chaos to Gaza. speech in 2009. I think that speech has ment can end in upheaval and force A Palestinian Authority that cannot left our friends in the Arab world both change. recognize Israel cannot make peace. disillusioned and confused. Sixth, these governments, if we help That is why any financial relationship Nobody, from the American people to them, must respect international the United States has with the Pales- the Arab street, seems sure of what our norms such as honoring their treaty tinian Authority needs to be based on policy is in support of freedom. So I obligations and respecting universal the principles I just described. was very interested in the President’s human rights. In his famous Westminster speech in speech regarding a new American pol- Last, but certainly not least, any 1982, President Reagan told the world icy in the region targeted toward rap- government participating in the aid the following: idly changing situations in the Middle package like the one the President While we must be cautious about forcing East. talked about today must be committed the pace of change, we must not hesitate to The President laid out a plan for an to regional peace. In particular, that declare our ultimate objectives and to take AID program for some Middle Eastern includes peace with Israel. Israel has concrete actions to move toward them. We countries whose internal stability is both the most to gain and the most to must be staunch in our conviction that free- challenged by recent events. The plan lose as new attitudes toward freedom dom is not the sole prerogative of a lucky would consist of a combination of and democracy spread throughout the few, but the inalienable and universal right grants, of loans, of debt forgiveness, Middle East. Leaders who are tempted of all human beings. and the President’s plan, I believe, has to bait their populations with anti- I believe those words are no less true merit and there is value to a robust semitism and then respond to their today, 30 years later, than they were role for the United States to support passions may be even more dangerous then. We are at an extremely impor- certain governments at a critical time. to Israel than the regimes they are re- tant moment as we watch a movement However, it is important that we rec- placing. But an adage of international toward freedom unprecedented in the ognize that any support given to these relations is that truly free and demo- history of the Arab world unfold. It is emerging or existing Arab governments cratic societies respect one another’s important to note that those taking to can only be helpful to them if they are existence, recognize one another’s the streets are not burning American helpful to themselves. I believe Con- right to peace, and resolve their con- flags or shouting anti-Western slogans. gress must be a partner in the develop- flicts through peaceful resolution, not It is also probably important to note ment of this package for it to work. violence, not threats, not terror. that they are not waving American Congress will have to ensure that As nations throughout the Middle flags. It is simply not about us; it is whatever aid is given is both targeted East undergo change, we should closely about them. toward an outcome that is in the na- monitor their attitude toward Israel. Their passions are driven by genera- tional security interests of the United Only nations that are constructive in tions of economic stagnation and a States and does not increase the U.S. their attitudes and policies toward our lack of political and economic freedom deficit. It will be a matter of looking ally, Israel, should be eligible for the that has left them behind much of the at where we can find resources to use kind of aid the President discussed in free world’s prosperity. These freedoms them in this new and different way. his speech. are exactly what the United States My support for the President’s idea None of these conditions are meant stands for. America’s role is to support will also be contingent on several prin- to suggest these governments must be responsible leaders committed to peace ciples being met by the government identical or that their leaders must al- and sustainable democratic change. I that receives any U.S. aid. As a mem- ways agree with the United States. I am hopeful the President will work ber of the Foreign Operations Appro- believe, for example, the Kingdom of with my colleagues in the Congress to priations Committee I am going to be Jordan currently meets these stand- extend a helping hand to those leaders looking for things where the President ards. I am hopeful Egypt’s new leaders who are truly committed to these val- would certify that the following condi- will commit to these principles as well. ues. If he does, I hope to be part of that tions are being met to proceed further Leaders in the Palestinian Authority process as well. with this plan he outlined today. should look to them as a model for re- I suggest the absence of a quorum. First, I think the government and its ceiving aid from the United States and The PRESIDING OFFICER. The leaders must reject all forms of ter- other western governments. clerk will call the roll. rorism if they expect to receive this The President also addressed the The bill clerk proceeded to call the kind of assistance from us. need for a peace settlement between roll. Second, they must demonstrate a the Israelis and the Palestinians. It Mr. HARKIN. Mr. President, I ask credible plan for economic develop- would be hard to find anyone in this unanimous consent that the order for ment and poverty reduction. Lack of body who does not agree with that con- the quorum call be rescinded. access to economic opportunity has cept. We need peace, the Israelis need The PRESIDING OFFICER (Mr. been the driving force behind what has peace and the Palestinians need peace. FRANKEN). Without objection, it is so happened in these countries. It was not But we need to be very careful that we ordered.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3153 FOR-PROFIT EDUCATION we fully expected that for-profit practices at each of 15 campuses vis- COMPANIES schools might have an important role ited, we have uncovered additional evi- Mr. HARKIN. Mr. President, over the to play in providing higher education. dence that misleading and deceptive past 6 months, I have come to the floor Obviously, they are flexible, and some recruiting tactics are not the exception several times to discuss the findings of of the primary work done is suited to but the norm. an ongoing investigation by the veterans and active-duty soldiers and Several months ago, on the floor of Health, Education, Labor, and Pen- students juggling work and family obli- the Senate, I spoke about documents sions Committee into the for-profit gations. uncovered in my investigation. Those education sector, and the growing role During my time in the military, of documents instruct recruiters in tac- tics designed to manipulate and emo- they play in higher education. This in- course, we had the University of Mary- tionally exploit potential students in vestigation has been now ongoing for land, which still obviously provides a order to convince them to enroll. As I over a year. lot of online work. At that time, it was Today, I want to focus my remarks called ‘‘distance learning,’’ and you did will demonstrate later in my speech on our men and women in uniform and it by mail. The University of Maryland they are going after the military by ex- how the for-profit schools are focusing provided a lot of educational benefits ploiting fear, uncertainty, and doubt. We should be concerned that Con- on recruiting them to their schools, for many years to active-duty per- gress may have unintentionally cre- and what this means for the taxpayers sonnel serving in far-flung places around the world. Of course, that was ated an opening for the current genera- of America. tion of veterans and active-duty serv- The first GI bill made it possible for not a for-profit school; that was a non- icemembers to be victimized by these many of the servicemembers returning profit school. abuses simply because of their eligi- from World War II to go to college and Unfortunately, when we enacted this bility for expanded Federal aid that we get ahead in life. In the process, that whole new benefits package for service- members and veterans and their fami- enacted in the Congress. ushered in a new era of American pros- My committee found evidence that perity. That GI bill continued, of lies, we didn’t anticipate what would happen by opening up a new stream of large for-profit schools are aggres- course, with Korea, through the Cold sively recruiting active-duty service- funding to the for-profit schools. We War, and through Vietnam. I myself members and veterans expressly be- didn’t foresee that the for-profit sector, used the GI bill after my service time cause of their generous educational which is eager to please Wall Street in- so I could go to law school. benefits packages. It is not just that vestors, would go after student funding Over the decades, we have built on these military benefits provide a new aggressively, in ways not in the best that success by extending Federal fi- revenue stream for the companies. The interests of veterans and servicemem- nancial aid to active-duty members of point is that it is an especially valu- bers. We didn’t recognize that by allow- our Armed Forces, and indeed to all able kind of revenue stream for these ing servicemembers to combine, trans- Americans who seek to build a better companies—more valuable than even fer, and borrow against these various life through higher education. On the going after nonveterans and non-GIs. whole, this has proved to be one of the Federal benefit packages we were giv- Why is that? Federal Government’s smartest invest- ing for-profit schools an opening to en- Well, military money helps these for- ments—an investment in human cap- roll servicemembers, veterans, and profit schools to meet a key statutory ital that has produced huge dividends family members in very expensive edu- requirement that no more than 90 per- for our Nation. We in Congress have cational programs. cent of their revenue can come from been eager to ensure that this new gen- My committee’s investigation over Federal financial programs. That is in eration of veterans returning from Iraq the past year has revealed an industry the law. No more than 90 percent of the and Afghanistan—those who sacrificed dominated by the very same Wall income coming into a for-profit school so much for our country—are getting Street companies and equity investors can be from Federal financial pro- the education benefits they earned and who brought about the subprime mort- grams. If a school is getting close to the quality of education they deserve. gage crisis. These investors are focused that 90 percent, guess what they do. Led by Senator WEBB and others, we on rapid growth and quick profits. In They go after military people. Why is have enacted new laws and expanded relatively short order, for-profit col- that? Because a military person, active existing programs to provide generous leges and universities have succeeded duty or veteran, enrolled in a for-profit new educational benefits to veterans, in enrolling 10 percent of the students school doesn’t count towards the 90 to active-duty servicemembers, and to and claiming fully 25 percent of the percent; it counts towards the 10 per- their families. This is a historic Federal financial aid budget, including cent. So the school could actually achievement, and I am sure all of us $7 billion a year in Pell grants. So the have—and there are some—92 or 94 per- were proud to support it. for-profit sector has 10 percent of all of cent of all their money coming from Implemented in August of 2009, the the students in the country and gets 25 Federal financial programs, even post-9/11 GI bill provides that veterans percent of all Federal financial aid. though the law says you can only get who serve 90 days or more on active- Many of these companies generate 90 percent, because military doesn’t duty effort, after September 10, 2001, big profits, and there is a big problem. count. So you can see why, when close are eligible for up to 36 months of edu- The committee has compiled data for to 90 percent, they would want to go cational benefits; and for the first time 30 companies that own for-profit after the military. And that is exactly ever in history, veterans can transfer schools, including the 15 largest pub- what is happening. these benefits to a spouse or to a child. licly traded ones, showing that more With their eyes on this 90/10 ratio, Over the last decade, the Department than half of the students these institu- the for-profit schools have moved ag- of Defense has also expanded aid avail- tions enroll drop out within the first gressively to exploit this opportunity. able to active-duty soldiers, sailors, year. Two-thirds of the students who They have created marketing plans and and airmen through its tuition assist- are there for a 2-year program drop out a sales force specifically designed to ance program. This program will pay in the first year. Some of the worst target and enroll as many veterans, up to a maximum of $4,500 a year to- performing institutions have been the servicemembers, and family members ward a servicemember’s classes. most aggressive to enroll servicemem- as possible. Schools spend billions on Also in 2009, Congress created the bers and veterans. sophisticated marketing campaigns military spouse career advancement Because profitability and the for- and large sales teams to get those stu- account, designed to expand employ- profit education industry is driven by dents in the door. Documents obtained ment and career opportunities for ac- enrollment growth, my committee’s in- by the HELP Committee paint a pic- tive-duty spouses, and that provides for vestigation has focused largely on the ture of an industry with a laser-like a grant of $4,000 over a 3-year period of extraordinarily aggressive marketing focus on enrolling military students. time. and recruitment practices at these For example, I have a 56-page docu- When the Congress acted to give new schools. Building on the findings of last ment from Kaplan. This lays out their and better benefits to veterans and ac- year’s undercover investigation by the strategy for recruiting military stu- tive-duty members and their families, GAO, which found abusive recruitment dents. If you go through it, you will see

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3154 CONGRESSIONAL RECORD — SENATE May 19, 2011 their objective. As I said, they have a enroll? A Kaplan training manual enti- enrolled through deception or fear, not laser-like focus on enrolling military tled ‘‘Military Learning Modules’’ tells only are they being tricked, they are students. recruiters how to utilize fear, uncer- also more likely to be unprepared for Objective No. 1: tainty, and doubt in the sales process the challenges of college. These strong- Grow our military enrollments to 9,000 per with regard to competitors’ offers and arm, emotionally abusive tactics are year by 2011. teaches them to overcome objections indicative of schools that see students At the time, Kaplan signed up about that potential students may raise in strictly as a means to an end of higher 2,200 military students each year. They signing an enrollment agreement. profits. They appear to have little or were aiming at more than a four-fold This is the one from Kaplan: no interest in providing students the increase in the military. The document Fear, uncertainty, doubt. This technique academic help and support they need to goes on to lay out the marketing and was originally created within the computer succeed. The end result is that service- sales plan for achieving this enormous hardware industry and uses these emotions members, veterans, and their spouses to attempt to influence perceptions or be- end up enrolling in high-cost programs, growth. This is in this document: liefs. The technique is especially effective Drive awareness via print advertising in when prospects introduce the ‘‘need’’ to ex- dropping out in staggering numbers, key military publications and targeting key amine other online schools. often winding up with a mountain of military installations. In other words, a Kaplan recruiter student debt. This often happens de- To do this, the document suggests calls up a veteran or a military person spite the availability of similar or bet- that Kaplan plans to spend $30 million on Active Duty and wants to get them ter quality programs in the public and over 3 years for new military-specific to enroll. If that person says: I have nonprofit sectors of higher education. The tactics have certainly paid off recruiting staff, advertising, and public seen some ads for Phoenix, I have seen for the company’s bottom line. I re- relations—just on the military. ads for ITT and others, maybe I will leased a report last December docu- In a later brainstorming exchange be- look them up, they want to use fear, menting the absolutely tremendous in- tween Kaplan executives, the No. 1 uncertainty, and doubt when prospects crease in the amount of money these item on the list of initiatives to deal introduce the need to examine other companies are receiving from military with Kaplan’s 90/10 because they were online schools. getting close to that 90 percent was: Statements such as the following: education programs. Building on the Accelerate military billings/collections. Go instill fear, uncertainty and doubt regarding already substantial growth in revenues to DC and pick up the check if you have to. the features of competitors’ programs. generated from the traditional finan- Go get that military money so we do It is one thing if you are selling a cial aid programs—which went, by the not go over that 90-percent limit. keyboard or hard drive. That is one way, from $14 billion in 2005 to $29 bil- At Education Management Corpora- thing. But when you are doing it to en- lion in 2009—the relentless focus for- tion—another for-profit school—the roll a young man or woman whose fam- profits have brought to military re- story is similar. Let me quote from a ily may never have gone to college— cruiting has yielded an astonishing 2010 memorandum prepared by a con- they enlisted in the military out of a growth in the funds they get both from sultant to the CEO of EDMC, Edu- patriotic sense of duty; they have had the Department of Defense and the De- cation Management Corporation. The no college experience whatsoever; partment of Veterans Affairs. Again, memo begins: maybe they did not do all that well in keep in mind we are talking about two Thanks for the call outlining the interest high school, but now they are thinking entities: Active-Duty personnel and of EDMC in learning more about potential about what they are going to do, and veterans. As the new post-9/11 GI bill was im- areas of funding that could add revenue that they get hit with this. And I find really plemented, 18 large for-profit operators would also address the 90/10 issue. objectionable when these for-profit pushed their intake of VA dollars from No. 1 on the list says: schools exploit fear, uncertainty, and $26 million in 2006 to an astonishing Probably one of the most important poten- doubt in our young military people. tial short and long-term targets for EDMC I will have more to say about how on- $286 million in 2010. This is what hap- are the 800,000-plus military spouses who erous it is when they do this to get pened. This chart illustrates what hap- have been authorized— them to sign up with their school, to pened in VA. Here we are at $26 million And this is in italics— get students take taxpayers’ money in 2006; $25 million in 2007; $27.6 million for the first time in history, for a one-time and turn it over to the school, only to in 2008; and in 2009, when we passed the entitlement of up to $6,000 . . . An aggressive find out they do not have any support, bill, it goes up to $55 million. Look effort to reach these spouses at the military nothing to help them, and they drop what happened in 1 year, 2009, $55 mil- bases with various career fairs, direct com- out within a year. They have debt. lion up to $285.8 million in 1 year. That munications, and visibility with the Office of is the amount of money they took in. Military Families in Washington would be They went through all their military benefits, which they can never get That is just the Veterans Affairs funds. very important. The same companies increased their back, and the for-profit schools have A subsequent e-mail message be- collection of Department of Defense tween EDMC’s executives recommends the money. A military recruiter at Colorado benefits by 337 percent—$40 million in that the company should be Technical University—another for- 2006 to $175 million in 2010. Again, this ‘‘leveraging military spouse benefits to profit school—owned by the publicly is for Active Duty. We see the steady the fullest extent possible’’ in order to traded Career Education Corporation, increase all the way into 2010—$40 mil- overcome the 90/10 regulation. told the New York Times: lion in 2006 to $175 million in 2010. Executives of for-profit schools are This did not just happen; it happened candid about the value of military stu- There is such pressure to simply enroll more vets—we knew that most of them because the for-profit companies de- dents in trying to ease investors’ con- would drop out after the first session . . . In- cided they were going to go after the cerns about regulatory compliance. stead of helping people, too often I felt like military because they were getting The CEO of Bridgepoint Education told we were almost tricking them. close to their 90-percent threshold. investors: Robert Songer, the coordinator of all Keep in mind, these dollars do not Our military enrollment grew from 1 per- education programs for servicemem- count towards the 90-percent, so they cent in 2007 to 17 percent at the end of Sep- bers at Camp Lejeune Marine Corps can keep under the threshold by get- tember 2009. Base in North Carolina, expressed his ting more military students. He went on to say: reservations to the Bloomberg news Let’s be clear. These exorbitant We believe that when we are able to report service. amounts of Federal dollars are not our 90/10 for 2009 that it should decrease due Some of these schools prey on Marines . . . going to small, family-owned institu- to our penetration in particular into the Day and night, they call you, they e-mail tions. They are going to some of the military market. you. These servicemen get caught in that. largest Wall Street-owned companies. We know these for-profit schools, in Nobody in their families ever went to col- Out of the $640 million in post-9/11 GI their own words, are aggressively pur- lege. They don’t know about college. benefits that flowed to for-profit suing military personnel and their fam- These recruiting tactics are nothing schools just in 2009 and 2010—that is $1⁄2 ilies. How are they enticing them to short of disgraceful. When students are billion; $640 million, $1⁄2 billion in 1

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3155 year—$439 million went to the 15 pub- The complaints I have gathered in not be recovered. In fact, because of licly traded companies. This amount is the course of our investigation point to the high tuition, many students, have equal to 69 percent of the military a deeply disturbing willingness on the to apply for additional grants or loans money going to for-profit schools and part of for-profit schools to exploit vet- to pay for school. That means many 25 percent of all post-9/11 GI bill bene- erans. I repeat, our investigation shows veterans are pressured into signing up fits. clearly that a number of these for-prof- for one of these for-profit schools, told Let me repeat that. Let’s just say it schools are out to exploit veterans. I they have free money to pay for their this: 25 percent—one-fourth—of all of received this letter from a veteran who tuition and then, all of a sudden, they the GI bill benefits post-9/11 went to 15 attended ITT Technical Institute, the find that is not quite enough money. publicly traded companies. It would be greatest recipient of VA funds. Here is Now they have to apply for a loan. one thing if the for-profit schools were what he said: They get a loan, they drop out within using this for educational expenses, but Unlike other institutions I reached out to, 1 year or so, the schools keep the unfortunately the lion’s share of that as soon as I expressed interest in ITT Tech, money—some of it grant money, some money—taxpayers’ dollars—went into they began to actively and aggressively pur- of it loan money—and the GI or the profits, marketing, and—guess what— sue me. Minutes after I filled out an online military person is left with debt and no Wall Street executive salaries and bo- form, a recruiter called me. He then called diploma. nuses. every day, telling me it was urgent for me to Here is a letter addressed to the Ohio enroll. What are we getting in return for for-profit school regulator that just this enormous investment of tax- The letter writer notes that due to tears your heart out. This is from a payers’ dollars? We are getting a lot of the high cost of tuition, he had to take mother: questions. out loans. But he writes: Normally, a 26-year-old man doesn’t need We know student outcomes for the The expensive tuition did not seem to go his mom advocating for him. But this is any- toward a quality education. thing but a normal situation. I expected my general population at for-profit schools son to be changed by his tour of duty in Iraq. are pretty dismal. On average, 55 per- He concludes with this: But I could not have been prepared for the cent of students who attend these Within 2 months of leaving ITT Tech, they reality of those changes. My son struggles on schools drop out within a year, and sent me a bill for $2,000 and a transcript that a daily basis with symptoms from PTSD there is no evidence that military stu- showed clear signs that it was altered in a (post-traumatic stress disorder) and TBI dents are faring better. Eight of the way to specifically make my positive bal- (traumatic brain injury). He suffers from ance disappear and create a negative bal- ten top recipients of VA dollars see bouts of depression, anxiety, headaches, ance. nightmares, vision problems, mental confu- more than half of the associate degree This letter writer ends with these sion, insomnia, and many other symptoms. students they enroll drop out within chilling words: You have to pretty much ‘‘bottom-line’’ your the year, and five of the schools see conversations with him. He can’t mentally I regret attending ITT Tech. The institu- more than a 60-percent drop. process a lot of details. If you continue with tion provided at best an absolute minimum your details, he is done with the conversa- This is what our investigation re- education and left me with nearly insur- tion, unless you can return to a quick ‘‘bot- vealed. Here are the 10 schools receiv- mountable debt. ing the most Department of Veterans tom-line.’’ This is a veteran. The mother goes on: Affairs funds. You see ITT, and they Here is another veteran who attended got the most—$79.2 million, and that is It is my belief that the ITT Representative Bridgepoint Education Inc.’s Ashford may have quickly figured this out and taken a 1-year amount. Of those who enrolled University who wrote the following: for a 4-year degree program, 44 percent advantage of the opportunity. I remember I was extremely disappointed, confused and when he called from ITT because I was on withdrew; of those who signed up for a angry. I felt I had been misled, deceived or my way out to an important occasion. He 2-year program, 53 percent withdrew. even outright lied to in an effort to gain my said the Representative told him he needed a We look down here to Kaplan, and they contractual agreement. co-signer just so he could start school imme- got $17.3 million. On their bachelor’s He was repeatedly assured by diately, but not to worry about it, because degree, 68.2 percent withdrew—69 per- Bridgepoint recruiters that his post- the military was going to pay for everything, even give him money to live on and pay his cent of the 2-year students withdrew in 9/11 GI bill benefits would cover the en- the first year. expenses. He sounded so hopeful, something I tire cost of his degree, only to find out hadn’t heard from him since before the war. Here is with what is startling. That after he was enrolled that he would It was really hard for him to admit he is bad enough as it is, but our inves- owe close to $11,000. couldn’t continue going to school. He said he tigation showed that neither the De- Another student, this one at the Uni- just couldn’t retain the material. It became partment of Defense nor the Depart- versity of Phoenix, sent this letter to too stressful for him to continue. My son is ment of Veterans Affairs has any meth- the Arizona attorney general after try- a proud, young man. He is not looking for od to assess what is happening to these pity or charity. He is embarrassed that he ing to resolve his complaint with the believed what he was told by the ITT Rep. He students. The money flows out, and school: neither the Department of Veterans Af- could hardly come around me when he found I have been a police officer for over 20 out that Sallie Mae was calling me for pay- fairs nor the Department of Defense years. I am also an Iraq war veteran. I be- ment of his loan. Veterans with PTSD com- has any way to assess whether they are lieve that the University of Phoenix is using monly isolate themselves from family and getting a good education. deceptive practices in order to lure students friends. This made it even worse. As a moth- I might also add, Senator CARPER has into the school. The enrollment counselors er and a human being, I am outraged this looked into this in his subcommittee. tell students that they should be complete kind of predatory lending tactic is used on He has looked into this, and we have with their course of study in a short period anyone, but especially on an American sol- discussed the possibility of working on of time fully knowing exactly how long it is dier who gave everything he had and almost going to take. The enrollment counselors lost his life many times, and who continues something to get the Department of eventually tell the student it is going to to suffer. I will pursue this, on my son’s be- Defense to start taking better care of take a lot longer to finish their program but half, until someone listens and forgives these their Active-Duty personnel and the not until the student has committed all of loans. Thank you all for all of your effort, it Department of Veterans Affairs to take his financial aid and invested so much is very much appreciated. better care of veterans. We need to money that it would be senseless to leave This situation is unacceptable. It is have better assessment of what is hap- and waste his invested time and money. unacceptable that Active-Duty mili- pening to these students, how much A letter to the attorney general of tary personnel and veterans using their debt they are accumulating, and what Arizona. hard-earned benefits are becoming vic- is happening to their education. What are the consequences for a stu- tims of these kind of high-pressure tac- We are basically handing over huge dent who enrolls at one of these tics of the for-profit schools—enticing and growing sums of military money to schools but is not satisfied with their them to enroll, taking their money, for-profit schools without any ability experience? The post-9/11 GI Bill ben- causing them to go even further into to assess whether these schools are giv- efit package can be depleted rapidly. If debt, and then not giving them any ing our Active-Duty members or vet- benefits are used up without com- support whatsoever. erans the kind of a quality education pleting a program or for credits that As I said before, the agencies distrib- they deserve. can’t be transferred, the benefits can- uting this money do not investigate or

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3156 CONGRESSIONAL RECORD — SENATE May 19, 2011 act on the reported abuses of for-profit cers) Evolve our product offering to attract, 11, 2009 4:55 PM To: [High-level Executive]; schools. They just don’t. Earlier this retain, and better educate military students [High-level Executive] Cc: [High-level Execu- month, the GAO released a report con- Transition current low converting lead & tive]; [High-level Executive]; [High-level Ex- poor retaining student base into highly prof- ecutive]; [High-level Executive]: RE: KU 90/10 cluding that the VA still faces numer- itable segment Engage DOD/DHS in custom Issue [High-level Executive], This has been ous challenges in implementing a pro- development of Kaplan Inc. solutions Our an area of intense focus over the last 30 days. gram to start to begin interventions. Military Value Proposition We have dedi- In mid October we ([High-level Executive], Many for-profit schools have succeeded cated ourselves to serving our military stu- [High-level Executive] and I) projected our in building a highly profitable business dents with advisors at each step who under- 90:10 at year end based on current run rates structure while failing to provide the stand military challenges (admission/FA/ to be 89.6%. We shared our analysis and ac- student services, a learning environ- Academic Advising/Career Counseling) We tions plans with [High-level Executive], ment, and career services that would have designed our educational platform to [High-level Executive] and [High-level Exec- help you take full advantage of your mili- utive] and the decision was made to switch enable their students to graduate and tary training, experience and any previous SES from an automatic submission process succeed. college credit We are integrated into mili- to a manual process. We needed the ability The Federal Government must be tary educational system, making it easier to throttle our submissions based on our vigilant to ensure that poor performing for you to enroll and attend Kaplan Go Army cash intake. Although we have implemented for-profit schools with huge dropout Ed, SOC, AEX Portal, Air force ABC program a number of initial steps that will help us in- and student default rates are not al- We’ve built in the flexibility a military life- crease our cash intake in the future, we have lowed to continue to receive billions of style demands Military Friendly LOA and a larger list of additional initiatives that we dollars in Federal taxpayer money coursework extension policies We’re com- are continuing to move forward and I could mitted to your success and provide innova- walk you through those at your convenience. every year. We owe this to taxpayers, tive tools to help you succeed in your studies In response to your suggestions we have but we also owe this to the men and and career such as Kaplan MyPath helping added comments below: Accelerate military women who served and sacrificed for you customize your education We value the billings / collection at KU. We have stream- our Nation in uniform. That is why I sacrifice you have made to our country and lined our internal process on timely billings wanted to take the time on the floor provide all active duty and veterans tuition for our military students. The population of today to point out this new and dis- packages, so you can get the quality edu- military folks that are awaiting TA vouchers turbing finding of our committee, how cation you deserve and books are included so is approximately $400K. Although our there are no unforeseen expenses along the records indicate that we are current, we are much these schools are targeting mili- way We recognize that serving is a family currently reconciling the entire military tary personnel, how they are using commitment, and also offer reduced tuition group to see if we have any legacy items that high-pressure tactics to get them to rates to military spouses We support your were not billed correctly. From: [High-level enroll because they know they can get lifetime learning needs, including an online Executive] Sent: Wednesday, November 11, the money to help keep them below the high school completion programs, profes- 2009 12:07 PM To: [High-level Executive]; 90-percent threshold. sional development programs, and higher de- [High-level Executive] Cc: [High-level Execu- It is shameful that these for-profit gree programs Tactics Drive awareness via tive]; [High-level Executive]; [High-level Ex- schools are allowed to get by with this. print advertising in key military publica- ecutive]; [High-level Executive]; [High-level tions and targeting key military installa- Executive] Subject: KU 90/10 Issue Impor- They continue it today. They continue tions ESO Relationship Manager ESO out- tance: High Other areas to look at quickly/ reaping huge profits, paying their CEOs reach effort leveraging, phone, web, DM, and aggressively before yearend: 1. Accelerate and their executives enormous supporting key military events and periodic military billings / collection at KU. Go to amounts of money. Yet our men and base events Target veteran and spousal com- D.C. and pick up the check if you have to. women in uniform, our GIs, who are munity via key publications and including Excerpts from EDMC916000228224 Memo- taken in are not provided any help or military elements in traditional student randum Confidential TO: [Director] FROM: [Outside Consultant] DATE: July 8, 2010 support but now are saddled with a lot marketing Continuous development of mili- tary offerings, providing tools for high con- SUBJECT: Possible Opportunities for EDMC of debt or have used up their GI bill version and referral rates Leverage MSG ‘‘90:10’’ Thanks for the call outlining the in- benefits. Maybe now they want to go to field team in regional areas to drive military terest of EDMC in learning more about po- a community college, somewhere to events Community College Partners Edu- tential areas of funding that could add stu- really get a good education, and they cational Liaisons to attend military events dents and revenue that would also address find out they cannot get any more GI Business Development efforts at Federal and the ‘‘90:10’’ issue. In light of that dual set of bill money. They are done. They gave DOD level Business Development Activities interests, let us briefly review the opportuni- DoD Activities Representing All of Kaplan, ties we see among recurring sources of gov- it all to one of these for-profit schools. ernment funding, plus some other prospects Mr. HARKIN. I ask unanimous con- Inc. Meeting with High Level Pentagon Offi- cers Pursue Deeper Relationships with to consider. THE FEDERAL GOVERNMENT sent to have the documents I referred branches Veteran Associations Financial There are a number of emerging opportuni- to printed in the RECORD. Plan Growth Projections Enrollments/Rev ties that may present short, medium, and The PRESIDING OFFICER. Without 2009 2010 2011 Expense Enrollment Total 6,196 longerterm opportunities that should also be objection, it is so ordered. 8,848 10,526 MSGField Marketing Expense carefully considered, given their size and (See exhibit 1.) Total $7,247,975 $10,139,450 $11,632,550 MSG scale. The Military 1. Military Spouses. Mr. HARKIN. I am delighted to yield Marketing Net Revenue—Total $4,277,301 Probably one of the most important poten- to my friend from Illinois, who has $7,957,358 $11,768,938 MSG Lead Generation tial short and longterm targets for EDMC been a strong fighter for students and MSGField NonAggregation Marketing are the 800,000 plus military spouses who also, I would say, over the last several 20082009 Military Marketing Impressions have been authorized, for the first time in history, for a onetime entitlement of up to years has focused a lot of attention on Total Investment Print Out of Home Mar- keting eNewsletter Direct Mail Total Im- $6,000 that can be used for training, as well these abuses of the for-profit schools. pressions Operational (Events/Sponsorships) as for counseling and other ways to assist EXHIBIT 1 CollateralBase & ESO Booth & Graphics Web them in finding work. We are told by the Excerpts from KHE 267362 Kaplan Military Integration and Landing Pages Development DOD that the largest demand among the University Agenda Objectives Our Military Costs Research Pricing Analysis $1,596,050 spouses is for healthcare related training, al- Value Proposition The Pricing Pilot The Marketing Staffing Plan Roles & Definitions though it can also cover almost all other oc- phases of the military strategy plan Field Director of Military Marketing & Strategy cupational areas. The Department of Defense team deployment Staffing Plan Appendix A. Oversight over all military marketing in- has also informed military personnel and Pricing Analysis B. Marketing Elements C. cluding: Lead Generation Web strategy DM/ their spouses that under the most recent G.I. Public Relations Marketing D Web Strategy EM Print Collateral Campaign management Bill, they can authorize up to 50 percent of E. American Military University Objectives B2B Marketing (ESO/DOD etc) Product Mar- his/her education benefits for the spouse to Grow our military enrollments to 9K per keting Direct Product Development Efforts continue their education. Therefore, in the- year by 2011 2009 increase from 2.2.K to 6K Feasibility on new programs SOCAD/ ory, every spouse has access to two separate enrollments 2010 8.8K enrollments 2011 10.5 K SOCGUARD/SOCMAR etc Develop Sales sources of funding. As you probably know, enrollments Over 3 years: Bring retention Tools VA & other military student programs military spouses are a particularly attrac- rate on par with traditional students (28 to Single Course Offerings Alternate Delivery tive group of prospective students. Nearly 34) Improve 90/10 by 5% Provide incremental Modes Military Newsletter Coordinate Mili- twothirds have at least some college edu- revenue of $XYZ in year 3 Objectives Transi- tary Research Field Support Marketing Op- cation. The average age is 36, they have tion Kaplan into a ‘‘top of mind’’ educator erates on shared services and with 1 direct strong support systems with the military within the active duty & veteran military report Military marketing manager bases and operations and, of course, they segments, penetrating the key decision Excerpts from KHE 271429 From: [High- tend to be very stable. The big issue that is maker and influence (education service offi- level Executive] Sent: Wednesday, November driving these new training funds is that

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3157 when the military do their surveys, the pri- process Handle and overcome objectives Uti- son’s objection. ‘‘How do you spend your mary reason people give for leaving the mili- lize trial close techniques KAPLAN UNI- time?’’ ‘‘Can you walk me through a typical tary is that their ‘‘spouse is not happy.’’ VERSITY A.C.T.I.O.N. FOCUSED SALES day?’’ ‘‘What are you willing to sacrifice to When the military spouses are surveyed, MODEL ACTIVATE INTEREST (Introduc- fulfill you dream? Get the student involved they say the reason they are not happy is tion) Recognize, Acknowledge, Congratulate in overcoming his own objection. Establish that they cannot find a job or, more often, Establish rapport and credibility Ask effec- Buy in Gain the student’s commitment. Ask they cannot find a good job for which they tive questions CONNECT AND DISCOVER reaffirming questions. ‘‘Which of these solu- believe they are qualified with their back- Ask open ended questions Dig for motivators tions would work best for you?’’ ‘‘Do you feel ground and experience. This is the reason for Establish needs and wants Listen actively more comfortable now?’’ Move person for- the focus on providing training and other TIE IN THE SOLUTION Satisfy needs and ward. ‘‘Great, let’s move on to the next forms of assistance: so that they can get bet- wants Use Feature, Advantage, Benefit tech- step.’’ Don’t hesitate! Next Step Lead stu- ter jobs and, in turn, encourage their spouses nique Use Fear, Uncertainty, Doubt tech- dent to the next step with confidence. to stay in the military. The ‘‘My CAA’’ (My nique Make the solution fit INITIATE AND Excerpts from ITT00007708 Dear This letter Career Advancement Account) program for EXPLAIN THE PROCESS Recognize buying is in response to the concern you filed re- the $6,000 entitlement for all 800,000 spouses, signals Trial close Outline next steps OVER- garding ITT Technical Institute (‘‘ITT’’). In however, has been thoroughly bungled. The COME OBJECTIONS Use LISTEN model Use your complaint, you voiced concern over entire webbased system for enrollment lit- Outcome Based language Show empathy Ac- your financial obligation and in particular erally collapsed in January. Therefore, the tive listening involves taking note of key the Montgomery GI Bill funding you thought DOD is not authorizing any new CAAs at the points that you can further explore, asking you would be receiving. The Board initiated moment, and they have spent months trying questions, investigating, digging deeper, re- an investigation into this matter and re- to restore the system. At least 100,000 mili- sulting in longer, more meaningful conversa- viewed all of the financial documents in- tary spouses had gained eligibility when the tions. For example, the prospect says she is volved in your enrollment. In response to the system ‘‘crashed.’’ Those are approved for worried about her financial position. The ad- Board’s request for information, ITT sub- their training. Once My CAA gets up and visor might ask, ‘‘Do you think in a few mitted the attached response to the concerns running, one can safely assume an enormous years, when you decide you want to pursue you raised. The documentation submitted by demand will follow, given all the interest an education, you will be in a better or worse ITT shows that you completed one term with that has been shown by the spouses. EDMC financial position?’’ TRANSITION STATE- the school and withdrew late in the second was provided information on becoming a MENT Confirm your understanding of what term. When a student withdrawals from ‘‘Military Spouse Friendly School’’ in the the student has told you. ‘‘So if I understand school, the school is required to calculate a tuition refund in accordance with Ohio Re- past. We would strongly encourage this to be you correctly . . .’’ or ‘‘Let me summarize vised Code § 3332110 and the school may also a first step since that is the first stop the what I’ve heard.’’ TIE IN THE SOLUTION be required to calculate a refund of federal spouses see on their websites. No doubt, How the Solution Fits Listen for specific in- loan money in accordance with applicable EDMC is already benefiting from some of formation about the prospective student’s federal regulations. According to the refund this, but an aggressive effort to reach the dissatisfaction with life as it is now, and tai- calculations, your total financial obligation spouses at the military bases with various lor solutions specifically for him or her. to the school for those two terms equaled career fairs, direct communications, and vis- Pique the prospect’s interest and arouse en- thusiasm! Feature, Advantage, Benefit Fea- $10,709.68. This tuition charge was financed ibility with the Office of Military Families ture WHAT IS IT Advantage WHAT IT DOES through two loans for your education, one in Washington would be very important. 2. Benefit WHAT IT DOES FOR ME The Ben- for $5,760.80 and one for $4,417.00. In addition Enlisted Personnel. Of course, there is the efit is Important! The features and advan- to the loans that were used to pay your tui- longstanding tuition and other support for tages of individual schools can often look tion costs, it appears that between March most members of the military as an entitle- alike. The key is the value. The advisor must 2007 and July 2007, you received a total of six ment. 3. Veterans also have a variety of tui- address the benefit each feature brings to the payments for veteran’s education benefits in tion and other benefits, plus preferred eligi- students. Not every feature has a benefit for accordance with the Montgomery GI Bill to bility for almost all other Federal programs. every student. When showing benefits, subsidize your tuition costs, totaling Excerpts from EDMC916000228222 From: $6,808.33. For students who receive Mont- [High-level Executive]: Friday, July 30, 2010 choose the features that are meaningful and gomery GI Bill funding, It is standard proce- 9:22:51 PM To: [High-level Executive] Sub- relevant. Presenting benefits paves the way dure for a school to set up loans or other ject: FW: Possible Opportunities for EDMC to what the solution offers. INITIATE AND funding mechanisms for a student before ‘‘90:10’’ Attachments: [High-level Executive] EXPLAIN THE PROCESS It is at the point 0708 re Opportunties.doc Hi I attended the in the ACTION sales model where the advisor they begin classes. This is due to the fact call yesterday with [Director] [High-level closes the sale. An effective closer pays at- that the GI Bill funds are dispersed directly Executive] and [High-level Executive] (Stra- tention to buying signals, trial closes, out- to the student after the student has already tegic Partnerships). The call as expected was lines next steps and moves toward gaining begun classes. The school cannot control to review the areas that had been high- commitment. OVERCOME OBJECTIONS An whether the student uses that money to re- lighted on the report as potential opportuni- objection is generally a reason or argument duce their student loan obligations or wheth- ties for 90/10 impacting funding sources. The presented in opposition or a feeling or ex- er it is used for other purposes. As such the outcome of the call was a followup call with pression of disapproval. People usually ob- loans that you applied for while you were en- [High-level Executive] and [High-level Exec- ject when they encounter: A misunder- rolled at ITT were properly attributed to utive] on opportunities on the local Work- standing Incorrect information Lack of in- your tuition charges and it was within your force Boards and I took the action item for formation Fear or doubt Something which is discretion to use your GI Bill funds to reduce a followup discussion on ensuring we are keeping them from making a commitment to your loan obligations. There is no evidence leveraging the military spouse benefits to move forward. The Admission Advisor’s role that ITT is in violation of any law or rule the fullest extent possible. I plan to include is to help prospective students overcome ob- under the jurisdiction of this Board. Finally, [High-level Executive] in the next discussion jections when making the decision to I would also note that ITT has served 155 vet- Do you recommend anyone else? [High-level achieve their educational goals. Types of Ob- erans during the last two years and during a Executive] Original Message From: [High- jections As a general rule, objections fall visit to the school in December, the State level Executive] Sent: Monday, July 12, 2010 under one of five categories: TIME I don’t Approving Agency for Veterans Training 6:47 PM To: [High-level Executive]; [High- have time in my life to fit school into it. conducted a review of the ITT’s administra- level Executive] Subject: FW: Possible Op- MONEY I can’t afford the deposit, much less tion of veteran’s benefit and nothing out of portunities for EDMC ‘‘90:10’’ [High-level Ex- the tuition. SUPPORT My friends and family the ordinary was noted. ITT has offered to ecutive] and [High-level Executive], After don’t think I need to go back to school. meet with you and your mother and assist you have had a chance to review please give COMPETITION XXX school is cheaper, fast- you in exploring any deferment or forbear- me a call. I know you are probably won- er, easier. FEAR I doubt that I’d be able to ance options you may have with your lend- dering why the two of you. [High-level Exec- succeed ers. If you wish to accept their offer, you utive] because of the potential match with Expect Objections Objection management may contact [Campus Director], School Di- BMC and [High-level Executive] because of is an integral part of the advisor’s job. Objec- rector, to set up an appointment. Sincerely, the impact on OHE. [High-level Executive] tions may happen during every step of the Excerpts from ITT00007722 I am writing in Excerpts from KHE 094984 LEARNING OB- admissions process. Advisors encounter ob- response to your August 4, 2008 correspond- JECTIVES Define and demonstrate (through jections of varying kinds. Successful advi- ence. I appreciate you bringing your con- role play) each step in the A.C.T.I.O.N. sors are able to approach objections system- cerns related to your enrollment at our cam- model Differentiate between Outcome Based atically. Overcome Objections with Funda- pus to my attention. I am sorry to hear of and Process Based Selling Utilize Outcome mental Skills Listen Actively—to the stu- your difficulties following your service in Based Selling language effectively Differen- dent’s objections and concerns. Interpret the our nation’s military. However, after review- tiate between Feature, Advantage and Ben- Objection Repeat objection, then empathize. ing the available information, the facts do efit (FAB) Differentiate between Needs and ‘‘I understand your concern about finding 20 not substantiate the refund or waiver of the Wants Utilize Open Ended Questioning and hours a week to study.’’ Solve Together tuition and fees related to your enrollment Active Listening techniques Utilize Fear, Jointly find a solution. Ask probing ques- in the Information Technology Computer Uncertainty and Doubt (FUD) in the sales tions to divulge the true nature of the per- Network Systems program. In your letter,

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3158 CONGRESSIONAL RECORD — SENATE May 19, 2011 you claim you were told that the military Mr. HARKIN. The Senator is right on in Chicago and headed out to O’Hare would pay for your schooling. This state- the mark. The House wanted to keep Airport, right before the O’Hare exit, ment cannot be substantiated. While our in- the Department of Education from look to your right. You will see a tall stitution assists students in seeking finan- cial aid for which he or she may qualify, we issuing what we call a gainful employ- office building, and on the top it says do not represent to a student that he or she ment rule, which basically is a rule ‘‘Westwood College.’’ This has been one will have their education paid for by a par- saying, if you are going to take all this of my favorites because I have met ticular entity. The Catalog you received at money and you are supposed to be edu- many of their so-called students, de- the time you enrolled at our campus out- cating kids to get a job or career, what spite their best efforts, who have been lined this further. Specifically, the Financial is happening to them? We want to exploited by Westwood College. I want Assistance section of the Catalog states in know if they are actually getting jobs. to share with the Senator one story to pertinent part: The school may, from time to What could be more innocent than show it can go from bad to worse in time, provide the student with (I) informa- tion on federal, state and other student fi- that? We want to know how they are Westwood College. nancial aid for which he or she may apply to doing. Yet the Republican leadership in There was a veteran named Carlos. receive and/or (II) estimates of the amount of the House of Representatives wanted to He served in Iraq, came home, and federal, state and other student financial aid stop the Department from issuing that wanted to get a degree. He saw the ad for which he or she may qualify, but: (a) the rule. for Westwood College on television. He federal, state and other authorities, and not Mr. DURBIN. I might ask the Sen- went to sign up, and they said: Don’t the school, determine the student’s eligi- ator from Iowa, at the end of the day is worry about it, Carlos, because at the bility for any federal, state or other student financial aid; (b) the federal, state and other it not true that while these for-profit end of the day, your GI bill is going to authorities, and not the school, determine schools have about 10 percent of the pay for everything. He signed up and the amount of any federal, state or other students in America, they take in al- started going out to this Westwood student financial aid the student may re- most 25 percent of all Federal aid to College and was disappointed at how ceive. . . . As this language states, the education? awful the courses were and how the school makes no representation or promise Mr. HARKIN. The Senator is abso- teaches didn’t teach anything. He of aid which a student will receive. Rather, lutely right. didn’t feel he was learning anything. such a final determination is that of the Mr. DURBIN. Is it not also true that After a year, Westwood called him in agency providing the aid. In speaking with we requested, I think together, that the Financial Aid Administrator (FAA) who and said: Carlos, you are on the road to assisted you, the FAA does not recall any the GAO do a study of the amount of your degree, but we have run into a discussions that the military would be pay- money that was being spent on behalf problem—the GI bill will not cover all ing the full cost of your education. Rather in of our veterans at for-profit schools, the expenses. assisting you with the financial aid process, and did we not find that the cost to the If I am not mistaken, I ask the Sen- there were discussions pertaining to your Federal Government was often two or ator from Iowa, doesn’t the GI bill pay possible eligibility to receive benefits from three times as much for the same edu- about $17,000 a year? the Veterans Administration (VA). For your cation that was being offered at com- Mr. HARKIN. That is right. Starting information, I have enclosed a copy of your Enrollment Agreement and related Cost munity colleges and public colleges? in August, that’s about how much the Summary and Payment Addendum (CSPA). Isn’t it true that the for-profit indus- GI Bill will pay per year. The CSPA provides an outline of the ex- try, by all objective measures, is ex- Mr. DURBIN. They said to Carlos: pected cost and funding for your first three ploiting our GI bill at the expense of You need to take out student loans on quarters of attendance at the campus. Fur- our taxpayers, our government in debt, top of the GI bill. ther our records also indicate that you did and these veterans who are unwittingly He ended up taking out the GI loans, apply for VA benefits. Any such benefits signing up for these worthless courses? going $21,000 in debt over and above the would have been paid directly by the VA to Mr. HARKIN. I say to my friend, yes, GI bill, and he couldn’t finish. He you. Our school does not receive these funds on your behalf. Again I appreciate you bring- we did. On December 8, our committee didn’t want to go further into debt. ing your concerns to my attention for review issued a report, December 8, 2010, a re- I might say to Carlos that he got off and response. While I sympathize with the port on, partially—what the Senator is easy. I had a young woman who went circumstances you have endured since leav- saying now, how much more expensive to Westwood College for a criminal jus- ing the military, I must review each matter these programs are in these schools tice degree. After 5 years of extra effort based upon its own merits. In this instance, compared to what they could get, say, to get her diploma, she ended up with the facts do not substantiate a refund or at a community college or a nonprofit a worthless diploma that she couldn’t waiver of tuition and fees. If you have any questions or wish to provide any further in- school in their States. The Senator is turn into a job anyplace, at any sher- formation, please do not hesitate to contact right, it is three to four times as much. iff’s office or anyplace related to crimi- me. Sincerely, [Campus Director] Plus there is one other thing, I say to nal justice. I might say to the Senator Mr. DURBIN. I thank the Senator my friend. He knows this. When these from Iowa, she was $90,000 in debt at from Iowa. He has led the way. His students go to a small not-for-profit the age of 26, with a worthless diploma committee investigation on this indus- school that you would have in Illinois from Westwood College, this for-profit try is a clarion call to every Member of or the colleges I have in Iowa, such as school. She is living in her parents’ the Senate of both political parties. Simpson or Graceland or Central Col- basement because she cannot get a job Are we going to continue to waste tax- lege—a number of our small private that pays anything, and whatever she payers’ money? Are we going to con- colleges—they do a great job. They do makes goes to the student loans, and tinue to allow these schools to exploit a wonderful job in helping poor stu- she cannot borrow a nickel now to get veterans and students across America? dents who need a lot of Pell grants. a real education. You cannot turn on the local tele- What these colleges do when students Mr. HARKIN. Of course not. vision here in Washington, DC, where come in and they borrow money and Mr. DURBIN. Think about this poor there are a lot of military families, use Pell grants, is provide a lot of sup- girl. She was doing the right thing. without running into ITT ads trying to port from the university. The univer- I will say something to the Senator lure these young veterans into their sity is there to help them with their from Iowa and ask him to comment on programs that are virtually worthless, studies, to make sure they get the kind this. I think the Federal Government is that end up saddling many of them of help and support they need. A lot of at fault here too. Somewhere along the with debt, if not saddling the govern- these students come from families who way, Westwood College ended up quali- ment with debt before it is all over. have never gone to college, they never fying for college student loans and Pell I ask the Senator from Iowa, is it not had that kind of experience. They come grants. Who said they are qualified? I a fact that when the new leadership to college, and they get that support. would challenge that based on these ex- came into the new House of Represent- What the for-profits do is they sign the periences. atives, that in the first few weeks of kids up, and once they get the money, Are we doing our job as a Federal activity, one of the first things they good luck in ever getting any help or Government to make sure these are did was to attempt to stop the Depart- support from the for-profit colleges. truly accredited colleges and univer- ment of Education from regulating this Mr. DURBIN. I might say to the Sen- sities? I ask at this point, is there more for-profit school industry? ator from Iowa, the next time you are we can do to make sure these are real

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3159 schools teaching real courses that can schools, you are looking at $100,000, makes more money than the news- lead to jobs? $150,000, $200,000. paper, but be that as it may, they are Mr. HARKIN. I say to my friend, first I might say to the Senator from linked economically. of all, Westwood was one of the schools Iowa, isn’t it true that to obtain the Mr. HARKIN. Yes, they are. that the GAO had an undercover inves- same degree he was offering at Mr. DURBIN. I have always respected tigation into that had one of the most Westwood from a public university de- this newspaper. I just wonder how they deceptive programs of getting students gree in Texas would cost $36,000? Isn’t can rationalize this sort of activity— to sign up. That is all documented on that what the GAO came in and said? the exploitation of students and the ex- film. These people are deliberately mis- ploitation of veterans. Second, the accrediting agency that leading these youngsters and new vet- I am sure the Senator has been vis- accredits Westwood was out at erans trying to make a life for them- ited by so many people who have called Westwood about the same time. Yet selves, piling debt on them with a and said: Senator HARKIN, I loved your they found none of the things the GAO worthless diploma and ripping off the speech. I loved your hearing. I have to found. I talked to them. I had a hear- taxpayers. Why don’t we have a sense get in to talk to you because we are ing. I had them before our committee. of some rage here in Congress that this the good guys. We are the good school. I asked the accrediting agency: How is going on? We are the ones who don’t exploit stu- could it be that on the one hand the I would say to the Senator, it strikes dents. GAO finds out all this, yet you say me first and foremost that we should You know what. I found a couple of they are fine and they get accredited? protect the young people in America them I believe. There are some that are They did admit there was some lax- and we ought to make an equally high, good. ness or some loopholes, some things if not higher, priority of protecting our Mr. HARKIN. That is right. they were not paying attention to, that veterans. We created the GI bill with a Mr. DURBIN. But the rest of them, at they needed to do a better job in ac- great source of pride—I know you are a this point it is an embarrassment to crediting. Navy veteran yourself—great source of me. As a person who couldn’t have I say to my friend, what the Federal pride that we were standing up for this gone to college without a student Government does is we say to a school: generation of veterans. Senator JIM loan—and I have voted reflexively now To be able to be eligible for Federal fi- WEBB led the way on that. We were in the House and the Senate to give the nancial aid so you could accept Pell good about keeping our word to vet- next generation the same chance—I grants and get the guaranteed student erans. Now these same veterans are have to say to the Senator the party is loans, you would have to be accredited. being ripped off because we are not over as far as I am concerned. The next The Federal Government doesn’t do doing our job in Congress. time we have a debate on Pell grants that accrediting. That is done by pri- I say to the Senator, when it comes and college loans, I want this issue to some of these recruiting practices vate agencies. front and center. They are ripping off Here is another one, I say to my that are being used by Kaplan Univer- the taxpayers and ripping off the stu- friend from Illinois, that we need to sity, what you have disclosed here on dents and ripping off the veterans and look into. Get this. The accrediting the floor is embarrassing, that we we are fools to ignore it. agencies that accredit let’s say a allow this to occur to our veterans. The House Republicans have an- Mr. HARKIN. I say to my friend it is. Westwood, do you know where they get nounced that they want no part of re- It is embarrassing, and it is just their funding? From the schools they form, that they are going to take this shameful. accredit. Talk about a fox in the chick- I said earlier this is from Kaplan’s re- power away from the Department of en coop. They go out to accredit cruiting. They call it their military Education. I think we have to send a Westwood, but it is Westwood that is learning module. They call it ‘‘Fear, different message. paying them to accredit them. Uncertainty, and Doubt.’’ As I said ear- Mr. HARKIN. I say to my friend, the This is something that I think we as lier, they say—now, this is an internal Senator is right on target. What has a Federal Government have to get into. document. This is for the recruiters. happened as we have looked at this To me, this is a system that has kind This is not something they hand out over the last year and a half now is of run amok, this whole accrediting through the public. We got this even the good actors are being sucked system. I think there needs to be a bet- through our investigation. They say: into this vortex because the business ter system of accrediting schools. I can This technique was originally created model itself is bad. For example, how many times has assure my friend this is something else within the computer hardware industry my friend heard from the for-profit in- our Committee on Education will be and uses these emotions to attempt to dustry: Well, the reason we have these looking at in the future. influence perceptions or beliefs—and high dropout rates—for example, here Mr. DURBIN. I ask the Senator from on and on. Iowa, is it not true that when our GAO As I said earlier, it is one thing to is Westwood; 57.6 percent dropped out undercover agents went out to look at use high pressure tactics to sell some- in the first year. Here is Kaplan; 69.1 15 for-profit colleges along the lines one a hard drive or a new computer or percent dropped out in the first year— the Senator discussed, they found all 15 something, but when they are exploit- the reason we do is because, see, we made deceptive or questionable state- ing fear, uncertainty, and doubt on a serve a lot of low-income students. ments to potential applicants, includ- GI who may have post-traumatic stress These are low-income people we serve, ing recruiters at the so-called disorder, who may have served in Iraq, and they have a lot of problems in Westwood College? Investigators found who didn’t go to college, that is an- their lives. That is why we have such a admissions representatives at other thing. Young people now, they high dropout rate. Westwood misstating the cost of the are worried about their future and What they are not telling us is, be- program, failing to disclose the gradua- what is going to happen to their future. cause of the business model, that is ex- tion rates, even suggesting falsifica- Then these people come in and put the actly who they go after to recruit. Why tion of Federal financial aid forms. pressure on them with fear, uncer- do they do that? Because the lowest in- As with the experience of the young tainty, and doubt to get them to sign a come student gets the highest Pell veteran I described, the GAO report contractual agreement and turn over grant and the most guaranteed student found the recruiters overstated what it their GI bill benefits. It is just dis- loan. So if you are in the for-profit would cost to go to public college. On graceful. business and you want to make the film, as you said—this is on video- Mr. DURBIN. Mr. President, I ask the most money, you don’t want to recruit tape—when asked the cost, this re- Senator again, this is Kaplan Univer- Senator DURBIN’s son or daughter. You cruiter from Westwood said: Well, it sity, which owns the Washington Post? want to recruit somebody whose par- depends on the program. Usually with Mr. HARKIN. I think it is the other ents never went to college, who is prob- a bachelor’s program, coming in with way around. The Washington Post ably a minority, maybe doesn’t even no college credits, this could be—it owns Kaplan University. speak English all that well, who can could range from $50,000 to $75,000, he Mr. DURBIN. I see. I also think, for get the maximum Pell grant and the said. Most schools, more traditional the record, that Kaplan University maximum student loan, and once they

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3160 CONGRESSIONAL RECORD — SENATE May 19, 2011 get the money—well, if they stay, fine; But there is a big difference. Even as I wish to speak about the DREAM if they don’t, no big deal. bad as the subprime mortgages were, a Act. It is legislation which I first intro- Mr. DURBIN. Let’s stay on that person who had a house they couldn’t duced 10 years ago and came to my of- point for a second. I ask the Senator pay for could walk away from that fice when we were approached by a Ko- from Iowa, how long does the student house. They could always walk away rean-American woman in Chicago have to stay at the school for the from it, and that is the end of the debt. whose daughter was brought to the school to get the Federal money? If You can’t walk away from this. No United States when the little girl was they left and didn’t finish, would the way. That is the difference. 2 years old. She was brought on a visi- school still get paid? This is not a dischargeable debt, and tor’s visa. Her mom stayed, had other Mr. HARKIN. This is something else these students, as the Senator points children, started a business. Eventu- we have to look into. Right now, the out, might end up alone. They might ally, she became a naturalized citizen. Federal laws are that a student has to not be able to go to a legitimate school The other brothers and sisters were be in for at least 60 percent of the because they can’t get any money for born in the United States, but this term. If they are in for 60 percent of a that. They could be barred from Fed- young girl who was brought from Korea term, then the school can keep the eral employment. This will follow literally had no papers filed. money. them for the rest of their lives until Well, she turned out to be an amaz- Now, I ask my friend from Illinois, they pay it off. Yet these companies ing concert pianist. She was accepted what is a term? I ask people that, and are making almost obscene profits and at the Julliard School of Music. When they say: well, isn’t that a semester? paying their CEOs tremendous salaries she went to apply and was asked about Well, a term is whatever the school and benefits. her citizenship, her mom realized she says it is. Some of these schools have a As I pointed out earlier, many of had never done anything about her term that is 6 weeks long. So you sign these for-profit schools are owned by daughter’s citizenship. So they called up, you turn over your money, you the same investment firms on Wall our office. We checked, and the laws of spend 4 weeks there, you fulfill 60 per- Street that brought us the subprime the United States were very clear. cent of the term. If you leave, they problem. They said this young girl who had keep the money. Well, I say to my friend, we just can- never remembered ever being in Korea Mr. DURBIN. And you end up with not let this go. There is too much at was told to return to Korea and wait at the student loan. stake not only for the taxpayers of this least 10 years to try to get back into Mr. HARKIN. And, by the way, as the country but for these students, these the United States. I thought that was Senator fully knows, these student young kids, these poor kids who are unfair. It turns out she wasn’t alone. loans are not dischargeable in bank- being preyed upon. So whenever we Young people all across the United ruptcy. They are around your neck for- hear these schools say: Well, the reason States, who were brought here by their ever. we have this problem is because we are parents, undocumented, have lived Mr. DURBIN. I might also add, I servicing all of these poor kids—don’t their lives here, have gone to school think Congress made a serious error in forget. That is who they prey on. That here, have grown up here, have pledged saying that the private loans from the is who they go after because they get allegiance to the flag in the classrooms same schools will be treated the same the most Pell grants and the most stu- here, have known no other flag or Na- way. They are not dischargeable in dent loans out of the poor kids. Then tional Anthem, and then they learn as bankruptcy. after they get the money, hey, if they they graduate from high school they Here we have someone who could be leave, no sweat. They don’t care. It is are without a country. They have no 19 or 20 years old signing up for $4,000, not a problem with them. place to go. $5,000 or $10,000 worth of student loans. I thank my friend from Illinois. For many of them, it is a rude awak- Have they really thought and reflected Mr. DURBIN. I thank the Senator ening, after all the effort they put into on the fact that that debt they have in- from Iowa. school, to realize they can’t do any- curred is going to be with them for a Mr. HARKIN. Mr. President, I yield thing. They can’t qualify for student lifetime and, at some point in their the floor. loans even at good schools. They can’t lives, when they can no longer borrow Mr. DURBIN. I ask unanimous con- qualify for a lot of jobs they might oth- money to go to school, and they are sent to speak as in morning business. erwise have if they graduate—engi- still facing default on their student The ACTING PRESIDENT pro tem- neers, nurses, doctors, teachers—be- loan, they could have their income tax pore. Without objection, it is so or- cause they have no citizenship. returns attached, they could be prohib- dered. So I said: Let’s at least agree on ited from Federal employment? They f something basic. You shouldn’t hold a cannot discharge this loan in bank- child responsible for the wrongdoing of THE DREAM ACT ruptcy. They are stuck with it. their parents. I hope we all agree on That poor girl living in her parents’ Mr. DURBIN. Mr. President, we have that. basement with a $90,000 debt for been speaking on the Senate floor Secondly, if we have spent so much Westwood College, a rip-off institution, about students who are being exploited time and resources in giving this young is stuck. She has nowhere to turn. The by for-profit colleges. I think about person a chance to be educated, and college president wrote to me and said turning on the television in Wash- they have paid us back by working I am just being totally unfair with him ington and the ad that really troubles hard at graduating, isn’t it in the best about her experience. Well, I know her me which shows a lovely young woman interests of America to give them a experience inside and out. who says: You can go to college in your chance to help our country move for- I said: You want fairness? You step in pajamas. You don’t even have to get ward? and forgive her loan. You pay it back. out of bed to go to college. And she has That is why I introduced the DREAM You have the money. You pay it back. a computer on the bed. Act. It says: If you graduated from Never heard back from him. It strikes me that—I don’t believe high school—if you came to this coun- They don’t have the interests of the anybody should fall for that, but some try under the age of 16 and you grad- students at heart. They have the inter- must, and they end up signing up for uated from high school, you have had ests of money at heart. That is why I these for-profit schools, getting deep in no serious problems with the law, you am glad the Senator is investigating, debt, with a worthless diploma when it have had no issues of moral character, and we will continue to speak out. is all over. The exploitation of vet- and you go on to do one of two things— Mr. HARKIN. I thank the Senator for erans, Senator HARKIN is bringing that either serve in our military or finish at his great work on this. out. I hope the people who are going to least 2 years of college—we will give I just want to add one other thing give the patriotic speeches in this you a chance to become legal in Amer- about the school and about the debt of Chamber about our love of country and ica. It is called the DREAM Act. We these students. Some have likened our love for the men and women in uni- have been considering it for 10 years. what the for-profit school industry is form will love them enough to put an Last December, the Senator from doing to the subprime bubble we had. end to this exploitation. New Mexico knows we voted on it.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3161 Fifty-five votes on the Senate floor—a linois, in New Mexico, in Ohio. Look at I decided to take a gamble and [try to] do majority but not enough. There was a leading American technology compa- the right thing. Republican filibuster requiring 60 nies such as Google, Yahoo, Intel, and Last year, the Obama administration votes. We fell short. We had three Re- eBay. They were founded by immi- granted Oscar a waiver to reenter the publicans join us in voting for it. We grants to the United States. That could United States. Without this waiver, lost a handful of Democrats. We are be Elier’s future and part of America’s Oscar would have been barred from re- going at it again. future. turning to the United States for at I have reintroduced the bill. The rea- Here is the sad part of the story of least 10 years. He would have been sep- son I have done it is because the chal- this otherwise amazing young man. arated from his wife Karla and their 2- lenge is still there. These young people Elier is in deportation proceedings. year-old daughter Samantha, both of are still out there, and their lives are After having won all the awards for a whom are American citizens. still hanging in the balance. I think it great academic background and dem- When Oscar returned to the United is time to give these young people a onstrating the kind of leadership we States last year, he did two things. He chance. I don’t want to give them am- need in America, our government has applied for citizenship, and he enlisted nesty. I want them to earn everything officially decided it is time for him to in the U.S. Army. He is in basic train- they are going to get. If they have to leave. Here is what he said about being ing right now. He wants to be an pay a fine or tax on the way, so be it. deported: Apache helicopter pilot. They will pay it. They are determined I have been living in the United States for In June, Oscar will complete basic to become part of America. These are the last fourteen years of my life. The most training and be sworn in as an Amer- young people who have become super- important years of my life were spent here in ican citizen. The story of Oscar stars in their own rights. America. I cannot speak, read or write . . . Vazquez is the story of America, and it By every account they are the lead- Spanish. I have never been back to Mexico since the day we moved here. is the story of the DREAM Act. This ers of tomorrow but for the fact that young man, determined to serve in our At the age of 4. they don’t have citizenship or legal military, was turned away as undocu- status in America. The DREAM Act is Mexico is not home for me and I fear going back. mented. He went on and earned a col- supported by Defense Secretary Robert lege degree, with no help from Federal So would it be a good use of taxpayer Gates. He believes it will bring diver- programs, graduating at the top of his dollars to deport this young man and sity to our Armed Forces. It is also class. He then went to Mexico and took send him back to a country where he supported by General Colin L. Powell, a chance that he could get back here so can barely speak a few words of the a man I respect very much, who be- he could enlist in the Army, and he language—a place he can never remem- lieves, as I do, that we should give made it. Tell me, what is fairness and ber? these young people a chance. justice for Oscar Vasquez? That is what This DREAM Act will stimulate our Elier has asked the Department of Homeland Security to grant him a the DREAM Act is all about. economy with a lot of new people in I introduced this bill in 2001. I have professions we need to have filled, in- stay, and I am going to work hard to make sure he gets it. I do not know if met so many young students such as cluding nurses and teachers, engineers, these who are my inspiration to come doctors, and lawyers. That is why the I will be successful. It makes no sense for us to lose Elier. He has so much to to this floor regularly and remind DREAM Act has the support of such a those who follow the Senate this is an diverse group, including Rupert contribute, and we need to have him here. issue that will not go away—as these Murdoch and the CEOs of companies lives will not go away. We need these such as Microsoft and Pfizer. In the past, I have spoken about Oscar Vazquez. Oscar is a student from young people. Every day I get contacted by these I wish to call on other students all students across America. They keep Arizona. I would like to update you on Oscar’s situation because while we across America—who were lucky looking to us and wondering if the day enough to be born in America, who will come when we will give them their take our time addressing this issue, the lives of these young people go on. never had to question their own citi- chance. zenship or future—I am asking them to I wish to share two stories very Oscar Vazquez was brought to Phoe- stand in solidarity with these young quickly this evening. This is Elier. I nix, AZ, by his parents when he was a men and women, people who may be will show his photo because he is a child. He spent his high school years in sitting next to them in a lecture hall handsome young man. Elier’s parents Junior ROTC, as we can see from his or just across the aisle at a desk. They brought him to the United States in uniform. He dreamed of enlisting in the are like you, and they need you to 1994 when he was 4 years old. He is a military. Here is a picture of him in his stand for them. If we can have students computer wizard. In high school he won uniform. across America mobilize on behalf of awards for outstanding achievement in But at the end of his junior year, a DREAM Act students, we can create a science and information technology. He recruiting officer told Oscar he was in- force for change—a force that can pass, graduated in the top 5 percent of his eligible to serve in our military be- even with 60 votes, this DREAM Act in high school class. He was named Tech cause he was undocumented. Oscar found another outlet for his talent. He the Senate. Prep Student of the Year in Cincinnati, I need my colleagues to not forget OH. He has even started a computer re- entered a college-level robot competi- tion sponsored by NASA. Oscar and the DREAM Act, not forget these pair business. young people, and not forget what Now, Elier is a 19-year-old honors three other DREAM Act students—the four of them—worked for months in a America is all about. student at the University of Cincinnati Just a few steps from here is my of- majoring in information technology storage room in their high school. They were competing against students fice, and right behind my desk is a cer- with a 3.8 GPA. Here is what one of his tificate that I have had displayed as professors said about Elier: from MIT and other top universities. Oscar’s team won first place. long as I have been in the Senate. It is I have worked with thousands of students my mother’s naturalization certificate. over the past 30 years and Elier Lara is that This is Oscar today. I show you an student who comes along every 10 years or so updated photo—a good-looking young She was an immigrant, and she came who just makes your heart sing. man. here at the age of 2. She would have Elier sent me a letter, and here is In 2009, he graduated from Arizona been one of the DREAM kids of her what he said in the letter: State University with a degree in me- generation. It was not until after she was a parent and had two children that Technology and computers is where I want chanical engineering. He was one of the to spend the rest of my life. I’m sure I’ll find top three students in his class at Ari- she finally took the classes and was my place on the forefront of the techno- zona State. naturalized as a U.S. citizen. She was a logical frontier, implementing and discov- Following his graduation, he took a young mom in East Saint Louis, IL, ering the new technologies of the future. I brave step. He voluntarily returned to and I have her picture right there on am dreaming big and will continue to do so. Mexico—a country where he had not the naturalization certificate to re- Can we use a person with those tal- lived since he was an infant—and he mind me not only who I am but to re- ents in America? You bet we can—in Il- said: mind me of her and her journey.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3162 CONGRESSIONAL RECORD — SENATE May 19, 2011 Her journey to America is the same Richard Blumenthal, Mark R. Warner, volving contraband being smuggled journey these young people made: com- Sheldon Whitehouse, Benjamin L. into a southern Nevada correctional fa- ing as an infant and striving to succeed Cardin, Kay R. Hagan, Kent Conrad, cility by employees, and it is believed in a place which did not always wel- Charles E. Schumer, Joe Manchin III, he was murdered to hinder the inves- Sherrod Brown, Mark L. Pryor, Jeanne come immigrants. But, thank good- Shaheen, Joseph I. Lieberman, Kirsten tigation. The murder of Sergeant ness, this Nation of immigrants, from E. Gillibrand. Tatum is a stark reminder of what law enforcement officers risk day in and time to time, will rally and celebrate The ACTING PRESIDENT pro tem- day out, and we are grateful for his our diversity, celebrate the length and pore. By unanimous consent the man- sacrifice. breadth of the American family and all datory quorum call has been waived. the cultures and all the ethnic back- Police week is held once a year, but grounds it comprises. f we should remember the important and I am so proud of this great Nation, ORDER OF PROCEDURE often dangerous work our public safety and I am proud of who we are and what officers perform every day. America Mr. REID. Mr. President, I ask unan- we are. This Nation of immigrants could not exist without them, and I am imous consent that upon the conclu- should remember that fine young peo- grateful for all they do. This year we sion of morning business on Monday, ple such as these DREAM Act students honor those courageous Nevadans, and May 23, the Senate resume consider- deserve a chance. Given a chance, they reflect on the sacrifices made by all ation of the motion to proceed to S. will continue to prove to America that law enforcement officers every day. We 1038 and that at 5 p.m. the Senate pro- this is, indeed, a great and noble exper- will never forget what they do for our ceed to the vote on the motion to in- iment in our country, bringing to- communities, and we will forever be in- voke cloture on the motion to proceed; gether people from all over the world. debted to them for their dedication and further, that the time for debate on the service. f motion to proceed be equally divided EXTENSION OF MORNING and controlled between the two leaders f BUSINESS and their designees. CATHOLIC CHARITIES OF Mr. REID. Mr. President, I ask unan- The ACTING PRESIDENT pro tem- SOUTHERN NEVADA imous consent that morning business pore. Without objection, it is so or- Mr. REID. Mr. President, I rise today be extended until 7 p.m. tonight, with dered. to honor the Catholic Charities of Senators permitted to speak for up to f Southern Nevada, which is celebrating 10 minutes each during that period of NATIONAL POLICE WEEK its 70th anniversary. time. Since 1941, the Catholic Charities of The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, this week is Southern Nevada has provided crucial pore. Without objection, it is so or- National Police Week. During National services to southern Nevada’s neediest dered. Police Week we pay tribute to the families. From the first diocesan direc- f brave men and women who serve the tor, Father Thomas F. Collins, to to- U.S. as law enforcement officers and day’s chief executive officer, Mon- PATRIOT SUNSETS EXTENSION take note of their selfless dedication to ACT OF 2011—MOTION TO PROCEED signor Patrick R. Leary, this commu- keeping our communities safe. Last nity service center has focused on ad- Mr. REID. Mr. President, I ask unan- week, peace officers from across the dressing the essential needs of a rap- imous consent that it be in order to Nation traveled to Washington to idly growing community. proceed to S. 1038, introduced earlier honor those who have made the ulti- As times have changed, so has the today. mate sacrifice and given their lives in need to augment the services for sen- The ACTING PRESIDENT pro tem- the line of duty. This year, two of the iors, children, refugees and the home- pore. Without objection it is so or- names that were added to the National less. The Catholic Charities of South- dered. Law Enforcement Officers Memorial ern Nevada has not skipped a beat in Mr. REID. I move to proceed then to belong to law enforcement officers this effort. Today, it services more S. 1038. from Nevada: Nye County Deputy Ian than 2 million residents as one of the The ACTING PRESIDENT pro tem- Michael Deutch and Nevada Depart- largest private, nonprofit social service pore. The clerk will report the bill by ment of Corrections officer Sergeant providers in the State. It works hard to title. Vincent Tyrone Tatum. treat all who seek its help with dignity The assistant legislative clerk read Last April, 27-year-old Ian Michael as follows: and respect, while bringing them one Deutch was shot and killed while inves- step closer to self-sufficiency. Motion to proceed to the bill (S. 1038) to tigating a domestic disturbance call in I am pleased to stand today and com- extend expiring provisions of the USA PA- Pahrump, NV. When the deputies ar- TRIOT Improvement and Reauthorization mend the Catholic Charities of South- Act of 2005 and the Intelligence Reform and rived, the suspect opened fire on them ern Nevada on this important mile- Terrorism Prevention Act of 2004 until June with a high powered rifle. Deputy stone of 70 years of public service to a 1, 2015, and for other purposes. Deutch was struck three times in the community that is eternally grateful CLOTURE MOTION abdomen and the bullets penetrated his for its continued charity and kindness. Mr. REID. Mr. President, I send a bullet-proof vest. Sadly, Deputy f cloture motion to the desk. Deutch had just survived a yearlong The ACTING PRESIDENT pro tem- deployment in Afghanistan with the BOYS AND GIRLS CLUB OF LAS pore. The cloture motion having been Nevada Army National Guard and was VEGAS presented under rule XXII, the Chair shot and killed on his second day back Mr. REID. Mr. President, I rise today directs the clerk to read the motion. to work with the Nye County Sheriff’s to honor the 50th anniversary of the The assistant legislative clerk read Office. He is survived by his wife Boys and Girls Club of Las Vegas. as follows: Vicky, son Jonathon, daughter As someone whose life was trans- CLOTURE MOTION Savonya, his parents, his two brothers formed by youth development pro- We, the undersigned Senators, in accord- and his sister. Deputy Deutch’s life of grams, public education and athletics, ance with the provisions of rule XXII of the public service was tragically cut short, I am proud to share in this momentous Standing Rules of the Senate, hereby move but we honor his sacrifice and know occasion for the Boys and Girls Club of to bring to a close debate on the motion to that he will serve as an example of self- Las Vegas. Young people in the Las proceed to S. 1038, a bill to extend expiring less service for generations to come. Vegas valley have benefited from their provisions of the USA PATRIOT Improve- In 1982, Sergeant Vincent Tyrone excellent programs and services that ment and Reauthorization Act of 2005 and Tatum was abducted, beaten and shot help develop productive, caring and re- the Intelligence Reform and Terrorism Pre- vention Act of 2004 until June 1, 2015, and for four times in the head after he finished sponsible citizens. other purposes. his shift at the Southern Desert Cor- They offer robust services in leader- Harry Reid, Dianne Feinstein, Bill Nel- rectional Center. He had been con- ship development, education and career son, Amy Klobuchar, Jeff Bingaman, ducting an internal investigation in- development, the arts, sports and other

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3163 important life skills. To build on their Just last year, Haiti narrowly missed grams in Haiti. This bill would make efforts to develop the next generation being struck by Hurricane Thomas, sure such existing funds are spent wise- of responsible and active citizens, they while hundreds of thousands of Hai- ly and productively. offer many services that equip parents tians were living in temporary tents Haiti’s former Prime Minister, with information about community re- camps suffering from the spread of Michele Pierre-Louis, sized up the sources, such as food, housing, and cholera. problem in Haiti perfectly: GED classes. They also do an exem- While we cannot undo the terrible The whole country is facing an ecological plary job of addressing the many inter- damage of the January 2010 earth- disaster. We cannot keep going on like this. ests and needs of young people, wheth- quake, we can show the best of Amer- We are going to disappear one day. There ican compassion, generosity, and inge- will not be 400, 500 or 1,000 deaths [from hur- er it’s a t-shirt design contest, tech ricanes]. There are going to be a million training or tutoring during their home- nuity in helping the Haitian people re- deaths. build their nation by addressing one of work hour. The Boys and Girls Club of We must act to ensure that that day Las Vegas helps Nevada children excel the underlying causes of the country’s never comes. I urge my colleagues to as young people in countless ways, and problems—the deforestation of Haiti’s support the Haiti Reforestation Act of the lessons last a lifetime. once plentiful tropical forests. 2011. In 2007 alone, the Boys and Girls When you look at the lush green of Clubs of Las Vegas served more than the Dominican Republic and compare f 15,000 youth across the valley. From it to the stark desolation on Haiti’s TRIBUTE TO CHRIS GRIGSBY Mount Charleston to Boulder City and side of the border, it is easy to see why Mr. MCCONNELL. Mr. President, I many points in between, the clubs con- Haiti is so much more vulnerable to rise today to pay tribute to the incred- tinue to reach youth in a positive way. soil erosion, landslides, and flooding ible endeavors of a hardworking and I am proud to stand with the Boys than its neighbor. extremely talented Kentuckian, Chris and Girls Club of Las Vegas to con- It was not always that way. In 1923, Grigsby of Laurel County, KY. Chris’s gratulate the organization for 50 years Haiti’s tropical forest covered 60 per- lifetime of experience has taken him to of helping Las Vegas families and cent of the country. many places, but he has always been young people. Today, less than 2 percent of those proud to call Kentucky home. f forests remain. In the past 5 years, the Chris Grigsby graduated from Laurel deforestation rate has accelerated by County High School in London, KY. At HAITI REFORESTATION ACT OF more than 20 percent. 2011 the age of nine he taught himself how Since 1990, Haiti has lost 22 percent to play the guitar, mandolin, bass, and Mr. DURBIN. Mr. President, I have of its remaining forest and woodland the fiddle, and continues to play and had the opportunity to visit Haiti on a habitat. teach them to his family, stating that number of occasions and have always This deforestation has had terrible, music is a major part of his life. After been moved by the kindness and gen- unintended consequences. The soil ero- graduating high school, Mr. Grigsby erosity of the Haitian people who live sion that has resulted from cutting enrolled in the Marine Corps. under such hard conditions. down all of these trees has made the is- Mr. Grigsby’s passion for his position I have traveled for hours into rural land more vulnerable to floods and in the Marine Corps grew as he contin- Haiti to visit impressive programs such mudslides—substantially reducing Hai- ued to travel the world and experience as Partners In Health’s health clinic, ti’s already scarce agricultural land the endless opportunities that it pro- which provides HIV/AIDS treatment and rendering what remains less pro- vided. He was stationed for 2 years at and clean water for nursing mothers. ductive. Camp David where he was able to work Unfortunately, despite such pro- Haiti’s tropical forests, if protected closely with President Ronald Reagan. grams and the efforts of U.N. peace- and regrown, would fight the destruc- As his years in the Marine Corps came keeping forces to bring some measure tive effects of soil erosion. to a close, Grigsby found talent in of security to Haiti, the living condi- Saving old and growing new tropical other professions including, auc- tions for average Haitians remains forests would help protect Haiti’s tioning, truck driving, as well as being deeply troubling. freshwater sources from contaminants, a police and security officer. An already weak political system and would safeguard Haiti’s remaining irri- After working as a truck driver for 3 weak government were then confronted gable land, and would save lives during years, then as an officer with the Lon- last year with a devastating earth- hurricane season. don Police Department, as well as con- quake that struck Haiti’s densely pop- Helping Haiti deal with its deforest- ducting his own truck hauling service, ulated capitol of Port au Prince and ation problems is not only the right Grigsby came to realize his true pas- several surrounding towns. thing to do for our nearby neighbors, it sion was to be closer to home with his A staggering number of houses and is the smart thing to do with our lim- wife Bobbie and their family of five. As buildings simply collapsed, virtually ited assistance dollars. he set aside his traveling days he was destroying Haiti’s fragile infrastruc- Senators COLLINS and KERRY join me offered a job at the U.S. Courthouse ture. in introducing the Haiti Reforestation where he continues to be the lead court More than 200,000 people were killed Act to reverse the deforestation chal- security officer. This August 17, Chris and an estimated 1.5 million more were lenge. The bill aims to end within 5 and Bobbie will celebrate their 21st displaced. years deforestation in Haiti and restore marriage anniversary. Americans and people from all over within 30 years the tropical forest Chris Grigsby is a man who gives so the world donated money, organized cover in existence in Haiti in 1990. others can prosper, and leads by set- shipments of medicine, food and water, While it is important to start putting ting an example. His life stands as an and traveled to Haiti as emergency re- trees in the ground, this bill is about illustration that kindness does go a lief workers to help rescue and treat more than just planting trees. Our gov- long way. A wonderful article about earthquake victims. ernment has tried that approach in the Mr. Chris Grigsby appeared recently in Prior to the earthquake, Haiti was past and it has proven to be ineffective. the Sentinel Echo, and I ask unani- already the poorest country in the This bill empowers the U.S. Govern- mous consent that the full article be Western Hemisphere. ment to work with Haiti to develop for- printed in the RECORD. Today, Haiti suffers from widespread est-management programs based on There being no objection, the article unemployment, with 80 percent of the proven, market-based models. These was ordered to be printed in the population living under the poverty models will be tailored to help Haiti RECORD, as follows: line. manage its conservation and reforest- [From the Sentinel Echo, May 2, 2011] Historically, Haiti has also been dev- ation efforts in ways that can be meas- ALL THAT HE’S DONE, HIS CHILDREN ARE HIS astated by tropical storms. In 2004, ured, and it does so without author- NUMBER ONE Hurricane Jeanne struck Haiti, killing izing any new funding. (By Sue Minton) approximately 3,000 of its residents, In last year’s supplemental we pro- If gas prices were as high in 1968 as they and displacing over 200,000 more. vided $25 million for reforestation pro- are today, then 2-year-old Chris Grigsby and

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3164 CONGRESSIONAL RECORD — SENATE May 19, 2011 his family may have been residents of After being laid off from truck driving, he twofold opportunity. First, we have the Rockcastle County instead of Laurel County. was hired as an officer for the London Police chance to celebrate the successful re- Grigsby likes to joke about how his family Department. While there he was one of the covery of a remarkable number of came to Laurel County. first officers to implement the narcotics K–9 ‘‘They were originally from Perry County. Unit. plant and animal species worldwide. My grandparents and parents were part of After leaving the London Police Depart- Second, we have the opportunity to the migration north to find jobs in the late ment he once again decided to truck. This pause in acknowledgement of the hard 50s and early 60s,’’ he said. time buying his own vehicle. work that still lies ahead of us on be- In 1968 his parents decided to come back to ‘‘I went back on the road for financial op- half of the nearly two thousand species Kentucky from Michigan. ‘‘I joke, they were portunities,’’ he said, ‘‘hauling whatever moving back to Hazard and ran out of gas in needed to go wherever for seven years. My that are endangered or threatened London and just stayed,’’ Grigsby said. ‘‘But claim is I’ve hauled everything from asbes- today. they didn’t.’’ tos to zucchini.’’ Before the Pomp and Circumstance of his Since its enactment in 1973, the En- ‘‘I liked seeing the country, but it was dif- dangered Species Act, ESA, has helped 1984 graduation played out, Grigsby had ficult for me. By this time we had two of our joined the Marines. He graduated from Lau- five children, and we were a close family. It to recover such iconic species as the rel County High School in June and reported was hard to be gone. There were things at gray whale, the peregrine falcon, and to boot camp on Halloween Day. home that needed my attention. In 2002 I got the bald eagle. In 1967, the bald eagle, He referred to his stay in the Marine Corps out of the trucking business and went to as the ‘‘best worst’’ thing that has ever hap- one of our Nation’s most recognizable work at the United States Courthouse.’’ symbols, was in danger from environ- pened to him. Currently Grigsby is the lead court secu- ‘‘It gave me the opportunity to get out and mental contaminants, human intru- rity officer. He is the supervisor of a crew of see a little bit of the world,’’ he said. ‘‘I al- men that are special deputies U.S. Marshals. sion, and other risk factors, and was ways wanted to be a part of something. If I ‘‘We primarily provide security for the listed for protection under the ESA. was going to do anything, I wanted to be the courthouse, the judges and visitors.’’ Through its careful, science-based ap- best at it that I could. And the Marines have Grigsby said on a couple of occasions they the reputation of being the toughest ‘the proach, ESA management ultimately have had some excitement. elite.’ You join the Army, you join the Navy, resulted in the successful recovery of ‘‘We have been fortunate. It is not some- but you become a Marine.’’ thing that occurs every day. But there is a bald eagle populations across the coun- While at Parris Island in boot camp he was chance that it could happen,’’ he added. ‘‘Se- try. The bald eagle was delisted in 2007 selected for the Yankee White Program. and is now thriving. In the State of ‘‘I was stationed at Marine Barracks ‘8th curity work is not what we do, it is what we and I’ in Washington, D.C., the oldest post in can do and what we will do. We put our lives Maryland, the Patuxent Wildlife Re- the Marine Corps,’’ he said. ‘‘While waiting on the line every day. It is kind of like police search Refuge in Maryland is home to on White House security clearance I got se- work, but then it is not. In security you have a healthy, flourishing bald eagle popu- lected to go to the Pentagon. I was there for to be ready to go from zero to all out in a lation. More recently the gray wolf, three months working with Casper Wein- split second. But, I like the job. it has all the necessities—pay is good, home time is good.’’ which was completely extirpated from berger on a security detail for the secretary our Northern Rockies States, is now of defense,’’ Grigsby spends some of what spare time he Once Grigsby received his clearance he was has playing music. recovering thanks to the careful pro- stationed at Camp David for two years. ‘‘I have played music since I was nine tective management of the Fish and ‘‘We primarily worked internal security for years old,’’ he said. ‘‘Music is a major part of Wildlife Service under the Endangered my life and my family’s lives.’’ the camp,’’ he said. ‘‘I worked my way up Species Act. through the ranks to the position of platoon Grigsby, a self-taught musician, plays the sergeant. And that put me in direct contact guitar, fiddle, mandolin and bass. His older The ESA provides resources and with President Ronald Reagan.’’ children, Emily and Charlie, who have had a structure that are critical to our abil- Grigsby recalls eating lunch with Presi- few lessons but are taught mostly by their ity to improve the outcomes for threat- Dad, play several instruments. dent Reagan once and remembers how nice ened and endangered species. Since be- the event was. ‘‘He was the most wonderful ‘‘And it will just be a matter of time before person. There was no faultness to him. Sarah and Grace start playing,’’ he said. coming law 38 years ago, with over- Sometimes you meet people and they put on ‘‘They, Emily and Charlie, along with Sarah whelming support in the House of Rep- this air of caring, but I felt like he genuinely sing and Grace does some,’’ he said. Grigsby resentatives and unanimous support in cared about the people.’’ and Bobbie also sing. They perform a wide the Senate, the ESA has been one of In 1988 Grigsby was discharged from the variety of different music, but mostly gospel. our Nation’s most successful environ- Marines and considers himself lucky. ‘‘Music has always been a part of my life. ‘‘I remember vividly, in 1990 we were in the Some families play sports—basketball, base- mental statutes. The ESA not only im- middle of Operation Desert Shield. My ball, cheerleading—we play music. And proves outcomes for endangered and trucking partner and I were going to Union through our music we have been to Laurel threatened species, it also improves City, Tenn., to get a load of tires for Toyota. Heights, Laurel Village, and assisted living local and regional economies. Accord- We were about Elizabethtown when the radio homes playing and singing for the people. We ing to a 2006 Fish and Wildlife Service announced that we were taking fire and that also play at festivals, schools and our survey, wildlife-related recreation— was the start of Desert Storm. I was very church, Corinth Baptist.’’ fortunate that I got in and out before it Grigsby feels his biggest achievement is meaning hunting, fishing and wildlife began.’’ his children—Emily, Charlie, Sarah, Grace watching—generated more than $122 After his stay in the Marines, Grigsby and 10-month-old Danica. billion in revenues in 2006. In my home worked as an auctioneer, long-haul truck When the interview was almost over, State of Maryland, wildlife watching driver, police officer and a security officer. Grigsby referred to a scene in the movie generated over $1 billion in revenues in ‘‘While in the marines I attended auc- ‘‘Evan Almighty.’’ 2006, according to the same survey. tioneer school and tried my hand at that,’’ ‘‘God contacts Evan to build an ark. There he said. ‘‘Vernon Holt, a local agent with is one part where his wife, Joan, is upset be- This wildlife-related spending supports Century 21, sponsored me to get my appren- cause they are having to leave, and God ap- hundreds of thousands of jobs. tice license. I went to California to help a pears to her and says ‘‘If someone prays for The Endangered Species Act, with its cousin get his auction business started. But patience, do you think God gives them pa- proven record of success in restoring I never really pursued it.’’ tience? Or does he give them the opportunity But, while ‘trying his hand’ at it Grigsby to be patient? That stuck with me. The species to health, remains a critically met his wife, Bobbie. world would be a much better place if we important tool in the protection of our ‘‘I was working as an auctioneer at the were kinder to each other. We live in such a natural environment. At this moment, stockyard in Richmond, trying to get my traumatic world. If we would just take the nearly 2,000 animal and plant species foot in the auctioneer door. She was there time to speak to someone at the store or on with her family buying horses and I met her are endangered or threatened world- the street and just be friendly, that would be wide—the protections of the ESA are at the diner, On August 17, we will be mar- the difference. That’s what I try to do, just ried 21 years.’’ be kind to others.’’ therefore as important as ever. This When auctioneering didn’t work out, Endangered Species Day, even as we f Grigsby decided he would like to learn how celebrate the successes of our Nation’s to drive a tractor-trailer. He went to truck ENDANGERED SPECIES DAY conservation efforts, let us also re- driving school and long-hauled for about three years traveling to any place that was Mr. CARDIN. Mr. President, tomor- member and pledge to protect the ro- east of Denver, Colo., delivering mostly Toy- row, on the sixth annual Endangered bust, science-based legislation that ota parts. Species Day, we as a nation have a made those successes possible.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3165 OFFSHORE PRODUCTION AND well could have been prevented.’’ The creatic cancer research is where breast SAFETY ACT report key findings also state, ‘‘Funda- cancer research was in the 1930s. The Mr. TESTER. Mr. President, I rise mental reform will be needed in both survival rate for pancreatic cancer today to discuss the importance of re- the structure of those in charge of the today is the same as it was 30 years sponsibly increasing our domestic regulator oversight and their internal ago. We have little understanding of drilling and energy production in order decision making process to ensure the causes, no methods of early detec- to secure America’s energy future. their political autonomy, technical ex- tion, few effective treatments, and sin- Montana is home to the Bakken oil and pertise, and the full consideration of gle-digit survival rates. gasfield, the largest technically recov- environmental protection concerns.’’ Pancreatic cancer is the fourth-lead- erable onshore oilfield in the United S. 953 does the exact opposite of what ing cause of cancer death in the United States. In 2007, production from Elm the offshore drilling commission rec- States, and 75 percent of pancreatic Coulee field in Richland County aver- ommended by encouraging lax over- cancer patients die within a year of di- aged 53,000 barrels per day—more than sight by setting an arbitrary timeline agnosis; the 5-year survival rate is the entire State of Montana a few of 60 days, allowing insufficient time barely 5 percent. years earlier. That number is expected for in-depth analysis. Let’s be honest: According to a recent report on can- to rise significantly as new pathways the practical effect of that policy to market are put in place. Advance- would be for certain administrations to cer trends, death rates for pancreatic ments in oil and gas technology are approve permits that they should not cancer are increasing while death rates also making it possible for us to ex- approve while other administrations for all cancers combined, including the tract resources that just 5 years ago no reject permits that could ultimately four most common cancers, prostate, one thought was possible. have been approved. This kind of rush breast, lung and colorectal, continue to I will continue to push responsible to judgment will only inject even more decline. It is time to do something development of the Bakken Field. Oil politics into our energy debates. As the about this tragedy, this death sentence and gas development in the Bakken re- Senate has shown time and again, that for tens of thousands of Americans. gion has applied new technology origi- is the last thing we need. It is time to make a serious commit- nally designed to enhance natural gas No, it is time for a little less poli- ment to ensure that advances in pan- development and turned a small field ticking and a little more common creatic cancer research keep up with into the largest onshore field in the sense in our energy policy. Yet this bill the progress we have seen in fighting United States. Our job in the Senate also forces the Department of Interior other types of cancers. That is why I should be to encourage these kinds of to reissue leases without any environ- am proud to be a cosponsor of S. 362, innovations. Our job in the Senate mental review—the opposite of the full the Pancreatic Cancer Research and should be to make sure that in places environmental consideration the BP Education Act, introduced by the Sen- like the Bakken, where it makes all oilspill commission suggested. When a ator from Rhode Island, Mr. the sense in the world to develop, gov- group of folks get together and tell you WHITEHOUSE. This legislation is de- ernment agencies approve and permit how to prevent another Gulf of Mexico signed to address the shortfalls in pan- exploration and development in a time- disaster, the commonsense thing to do creatic cancer research by developing a ly fashion. The Bakken is a strong ex- is listen to them. comprehensive, strategic annual plan ample of where Montana is contrib- I believe there are responsible meas- for pancreatic cancer research and uting to increasing American-made en- ures we can take and should take to in- awareness activities. crease domestic protection, which ergy. The Pancreatic Cancer Research and The Outer Continental Shelf is an- makes us more energy secure and helps Education Act would better target re- other good example. We can and should to insulate us from unpredictable ups search, develop a cadre of committed encourage investment in this area so and downs in world production. We scientists, promote physician and pub- that we increase production to meet need to dedicate resources to effi- lic awareness and require account- our needs as the consumer of 25 percent ciently and effectively processing drill- ability for these efforts. The bill cre- of the world’s produced oil. We must ing applications. But tying the agen- ates a 5-year pilot project for the high- also continue to explore for new re- cies’ hands behind their backs with ar- est mortality cancers, defined as those sources—and prove those—since as of bitrary deadlines or forcing them to with 5-year survival rates below 50 per- now we only have 3 percent of the hold lease sales and not process envi- cent. It builds upon the Specialized world’s reserves. ronmental reviews does not address the Programs of Research Excellence, Unfortunately, there are a number of problem. SPOREs, that exist for breast and pros- proposals supported by my colleagues If the Deepwater Horizon disaster tate cancer by designating at least two across the aisle who do not responsibly proved anything, it is that cutting cor- additional pancreatic cancer SPOREs. balance the U.S. energy needs with our ners doesn’t promote our economy or responsibility to protect our coastal protect our environment. Encouraging Finally, the bill promotes physician communities and other economic live- regulators to look the other way or and public awareness through partner- lihoods. Specifically, S. 953 does the deny permits because they cannot fully ships between the National Institutes exact opposite of what we need to safe- consider them is antithetical to good of Health, NIH, and Centers for Disease ly and responsibly increase American governance. That is not good for Amer- Control and Prevention, CDC, and pa- production. ican production, American jobs or tient advocacy organizations to de- The systemic lack of oversight in the American energy security. velop a primary care provider edu- Minerals Management Service was a f cation program. critical component of last year’s Deep- The most important thing that we in water Horizon explosion and 3-month PANCREATIC CANCER RESEARCH AND EDUCATION ACT Congress can do for those who have oil disaster in the Gulf of Mexico. The pancreatic cancer is to resolve to find failure of BP, Halliburton and others to Mr. CASEY. Mr. President, I wish to new ways to improve treatments for follow safety requirements, and the speak about a devastating illness, pan- those suffering from this devastating failure of the Federal Government to creatic cancer, and what we in the Sen- disease. enforce these requirements, has cost ate can do to address this serious prob- our country tens of millions of dollars. lem. Winston Churchill once said, The health of our citizens is not a These irresponsible oversights caused ‘‘Healthy citizens are the greatest Democratic or Republican issue, it is significant economic and environ- asset any country can have.’’ I could an American priority and one we must mental harm to an entire region. not agree more. all champion. The well-being of our In response to this disaster, the Na- Pancreatic cancer is a serious disease country depends on the well-being of tional Commission on the BP Deep- that affects over 42,000 Americans each our citizens. water Horizon Oil Spill and Offshore year. We have made great strides to ex- I urge my Senate colleagues to join Drilling stated as their first finding pand cancer research and improve me in supporting S. 362, the Pancreatic that ‘‘the explosive loss of the Macondo treatments, but unfortunately pan- Cancer Research and Education Act.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3166 CONGRESSIONAL RECORD — SENATE May 19, 2011 ADDITIONAL STATEMENTS the fight for statehood, Territorial twinkle in his eye, his quick wit, his Governor B. Frank Heintzelman sent honesty, and his ability to best them him as a consultant to the Alaska Con- at dominos. TRIBUTE TO MELANIE AH SOON stitutional Convention where he also George Rogers was a great man, a ∑ Mr. AKAKA. Mr. President, I wish to served as the stand-in for the conven- role model, an Alaskan, and he has left congratulate an outstanding educator tion’s secretary. He considered his an enduring legacy.∑ from my State, Melanie Ah Soon from greatest contribution to the conven- f Sacred Hearts Academy, for receiving tion his work on apportionment to en- GRANADA HILLS CHARTER HIGH the Presidential Award for Excellence sure Alaska’s rural people are fairly SCHOOL in Mathematics and Science Teaching. represented. This award, administered by the Na- Of the convention he said: ∑ Mrs. BOXER. Mr. President, I ask my tional Science Foundation on behalf of We had been through a decade-long . . . colleagues to join me in recognizing the White House Office of Science and worldwide depression. We had World War II, the remarkable accomplishments of Technology Policy, is the highest rec- and so Republicans and Democrats both real- Granada Hills Charter High School’s ognition that a mathematics or science ized that we’ve got to put aside political dif- Academic Decathlon team, which won teacher may receive. Since the pro- ferences and look at the construction of our the 2011 Academic Decathlon and its government. And it was such a wonderful, first national championship. Members gram’s inception in 1983, more than uplifting experience to have the two com- 4,000 educators nationwide have been peting parties sit together and work this of the national championship team in- recognized for their contributions to out. . . . it’s one of the high points of my clude: Austin Kang, Harsimar Dhanoa, mathematics and science education. As whole life because it was a period of great Elysia Eastty, Joon Lee, Shagun a former educator and principal, I hope. Goyal, Riki Higashida, Eugene Lee, know firsthand about the countless George applied this experience of Sindhura Seeni, and Celine Ta. The hours that go into creating curricula, hope and optimism to the rest of his team is coached by Matt Arnold, Nick and it makes me proud to see out- professional and personal life. Believ- Weber, and Spencer Wolf. standing teachers receive recognition ing in the possible, he influenced the Each year, hundreds of high schools for their hard work. fair development and treatment of throughout the Nation compete for the The dedication of Melanie to her field Alaska’s fisheries, timber, and oil for honor of becoming Academic Decath- and to the children of Hawaii is undeni- the benefit of all. He was involved in lon national champions. This year, able. I applaud her for receiving this circumpolar research, the development Granada Hills Charter High School outstanding recognition, and I wish her of the Alaska Permanent Fund, and he earned the distinction of winning its the very best in her future endeavors.∑ helped to establish the Institute of So- first national championship, as well as f cial and Economic Research at the Uni- California’s 9th consecutive national versity of Alaska. The Institute ob- title and 18th overall championship. REMEMBERING GEORGE ROGERS serves its 50th anniversary this year, Competing in an Academic Decathlon ∑ Mr. BEGICH. Mr. President, today I dedicating the celebration to Dr. Rog- is a daunting task. Students spend wish to memorialize one of Alaska’s ers. many hours studying, practicing, and greatest pioneers and statesmen, Mr. Much of George’s personal time was competing, often away from their fam- George W. Rogers. Born to immigrant shared with the city of Juneau. Elected ily and friends. The Academic Decath- parents in 1917, George Rogers died on to the assembly both before and after lon’s intense 2-day national final com- October 3, 2010, in the Juneau home he statehood, he served on numerous com- petitions include testing at seven dif- designed. By his side were Jean, his mittees and as a member of the Juneau ferent events, speeches, essay writing, wife of 68 years, their children, and sev- Rotary Club. His architectural skills and interviewing exercises. As the Gra- eral close friends. provided the design for the Zach Gor- nada Hills community celebrates the Often described as a ‘‘Renaissance don Youth Center, a vibrant recreation hard work and achievement of the Gra- man,’’ George devoted his adult life to facility dedicated exclusively to Ju- nada Hills Decathlon team, I invite all the spirit of the Territory and State of neau’s youth. of my colleagues to join me in con- Alaska. As an economist, politician, George was a great enthusiast and gratulating California’s Granada Hills educator, author, architect and artist, supporter of the arts. He designed sets Charter High School Academic Decath- his contributions shaped the state and for local productions, created the art lon team on becoming the 2011 Na- he will always be part of Alaska’s for program covers and posters, and tional Academic Decathlon Cham- story. acted and sang on the stage. His abili- pions.∑ Armed with a B.S. in economics from ties and openness of heart encouraged f University of California at Berkeley, others to greater heights. He was a life- MECCA ELEMENTARY SCHOOL George began his long and historic time member of the Juneau Symphony STUDENTS Alaskan career in 1945. With the hope Foundation, a member of the Juneau of feeding U.S. troops with less ex- Lyric Opera, and the Juneau Arts and ∑ Mrs. BOXER. Mr. President, it is pense, the Office of Price Administra- Humanities Council. with great pleasure that I welcome the tion sent him up to negotiate reduced A loving and caring husband and fa- students from the 6th grade class at prices for raw fish. The job ended with ther, George and his wife Jean were a Mecca Elementary School, who are vis- the close of WWII, but George stayed unit. With the addition of six adopted iting Washington, DC. I am particu- on to advise several territorial gov- children, George redesigned and ex- larly honored to have these students ernors, among them Ernest Gruening, panded their two-room, 1948 miner’s visit the U.S. Capitol because they who later would become one of Alas- cabin until it became a five-bedroom, know firsthand how important it is to ka’s first U.S. Senators. It was Gov- two-bath home. The house burned in speak up and be heard to make govern- ernor Gruening who encouraged George 2000, but the irrepressible George began ment officials aware of vital issues to attend Harvard for an MPA and a designs for the new one the following that affect their community. Ph.D. day. Like all Americans, the residents of Dr. Rogers saw in economics the ef- As we bid farewell to his physical Mecca, CA, have the right to expect fects of dynamic forces of change, presence, George’s many contributions that the air they breathe is clean, and largely those related political, bureau- live in perpetuity. Whether through his that the Federal and State government cratic, and technical conditions. To advisory work, his scholarly work, or will enforce the Nation’s environ- George, Alaska was the perfect petri the seven books he wrote—some of mental laws to protect them from dan- dish to study his ‘‘real world’’ of eco- which have been adapted as edu- gerous pollution. Unfortunately, some nomics, and to that study he devoted cational textbooks—he made a lasting residents in Mecca became sick from his life. difference. overpowering air pollution coming At Governor Gruening’s request, George’s friends not only realize the from a nearby waste recycling facility. George created a revenue system for depth of his impact on Alaskan life, The noxious odors posed a public the Territory of Alaska. Later, during they will also always remember the health risk to the two schools located

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3167 near the site, Mecca Elementary towns of North Dakota, we keep the This Great Northern Railroad station School and Saul Martinez Elementary great pioneering frontier spirit alive was platted as Rugby Junction, but School. for future generations. It is places such since its founding has been simply I became involved because local citi- as Hankinson that have helped shape called Rugby, for Rugby, War- zens, including teachers and students this country into what it is today, wickshire, England. at the two schools, spoke out about the which is why this fine community is Today, Rugby is home to almost 200 public health threat in Mecca that deserving of our recognition. businesses in a variety of fields includ- needed to be addressed immediately. I Hankinson has a proud past and a ing craftsmanship, manufacturing, ag- am so pleased that the Environmental bright future.∑ riculture, retail, food services, and Protection Agency stepped up its ef- f health care. Rugby is also part of the forts to clean up the air pollution in North Dakota Wind Power Project OAKES, NORTH DAKOTA and around the community of Mecca. which consists of several wind turbines I give special thanks to the residents ∑ Mr. CONRAD. Mr. President, I am that produce clean, renewable energy. of Mecca, including the students at pleased today to recognize a commu- In addition, Rugby is recognized as the Mecca Elementary School, for speak- nity in North Dakota that will be cele- geographic center of North America. ing up and telling the truth about the brating its 125th anniversary. On June In order to preserve the history of troubling conditions nearby. It is an 10–12, the residents of Oakes will gath- the city, Rugby has established muse- example to all Americans that we have er to celebrate their community’s his- ums including the Dale & Martha a stake in our communities and that tory and founding. Hawk Museum and the Prairie Village by fighting for what is right, we can Oakes is a vibrant community lo- Museum. Both of these museums are make our country a better, safer and cated in Dickey County. This Northern dedicated to the pioneering families healthier nation.∑ Pacific Railroad, NPRR, townsite was and ancestors of the local community. Rugby is also home to a beautiful golf f founded in 1886. The town was named for Thomas Fletcher Oakes, who was course, the Northern Lights Tower, the HANKINSON, NORTH DAKOTA the NPRR president from 1888–1893. Its historic Pierce County Courthouse, and ∑ Mr. CONRAD. Mr. President, today I first mayor, Thomas Frank Marshall, is near the scenic International Peace am pleased to recognize a community later became a U.S. Representative. Gardens. in North Dakota that is celebrating its Oakes is also the hometown of former The citizens of Rugby are proud of all 125th anniversary. From July 1–4, the NFL player, Phil Hansen. of their accomplishments over the past residents of Hankinson, ND, will gather Citizens of Oakes are proud of their 125 years and have planned a celebra- to celebrate their community’s found- community and what it has to offer. tion that will include, among other ing. They boast that their town is the hub things, golf tournaments, a softball The town of Hankinson was founded of southeastern North Dakota, with an tournament, a 5K run/walk, local en- in 1886, and was named after COL Rich- excellent school system, a well-estab- tertainment, a car show, a parade, and ard Henry Hankinson. At the time, lished clinic, and a new hospital facil- food and craft vendors. I ask the U.S. Senate to join me in Colonel Hankinson was promoting a ity. While a strong agricultural com- congratulating Rugby, ND, and its resi- townsite called Kelly a few miles to the munity, Oakes also has a booming dents on the first 125 years and in wish- south, but development shifted to the business sector. Its citizens are hon- ing them well through the next cen- new site, which had just been reached ored to call Oakes their home and tury. By honoring Rugby and all the by both the Great Northern Railroad know that it is a great place to live other historic small towns of North Da- and the Soo Line Railroad. Both of and raise a family. kota, we keep the great pioneering these railroads were trying to establish The residents of Oakes have already frontier spirit alive for future genera- control in the area. The post office was begun celebrating their town’s anniver- tions. It is places such as Rugby that established on December 6, 1886, with sary. They gathered for a family night have helped to shape this country into Colonel Hankinson as the postmaster, the first day in January to kick off what it is today, which is why this fine and the town was named in his honor. their 125th year. They have also community is deserving of our recogni- Today, Hankinson is the home of planned numerous activities for the tion. Hankinson Renewable Energy, which is weekend of June 10–12 to continue the Rugby has a proud past and a bright one of the largest ethanol facilities in celebration, including a walk/run, an future.∑ the United States. The facility began all-school reunion, a parade along Main f operations in 2009 and produces ap- Avenue, and two evenings of live music proximately 110 million gallons of eth- and street dances. TOWNER, NORTH DAKOTA anol per year. Great facilities such as I ask the U.S. Senate to join me in ∑ Mr. CONRAD. Mr. President, today I this one show the future of energy in congratulating Oakes, ND, and its resi- am pleased to recognize a community the United States, and help ease our dents on their first 125 years and in in North Dakota that is celebrating its dependence on foreign oil. wishing them well in the future. By 125th anniversary. From July 1–4, the The citizens of Hankinson are proud honoring Oakes and all other historic residents of Towner, ND, will gather to to mention the many reasons their small towns of North Dakota, we keep celebrate their community’s founding. community is so strong. The city offers the great pioneering frontier spirit Towner, the ‘‘Cattle Capital of North genuine small town living with a public alive for future generations. It is places Dakota,’’ was founded in 1886. The town library, city park, the ‘‘Caboose’’ Mu- such as Oakes that have helped shape was named after Colonel Oscar M. seum, and the Jack L. Bopp Memorial this country into what it is today, Towner, who was a Confederate veteran Football Field. The Hankinson area is which is why this fine community is of the Civil War and played major roles also known for excellent hunting and deserving of our recognition. in the development of Grand Forks and fishing. Oakes has a proud past and a bright McHenry Counties. Towner established In honor of the city’s 125th anniver- future.∑ a post office on December 11, 1886. sary, community leaders have orga- f Located in north central North Da- nized a golf tournament, car and bike kota, Towner is a vibrant community show, flea market, children’s tractor RUGBY, NORTH DAKOTA and the county seat of McHenry Coun- pull, street dances, a parade, a fire- ∑ Mr. CONRAD. Mr. President, today I ty. Today, Towner is home to many works display, and other celebratory wish to recognize a community in local businesses, such as Anderson Fu- events. North Dakota that will be celebrating neral Home, Farmers Union Elevator, I ask that my colleagues in the U.S. its 125th anniversary. On July 1–3, the Gunter Honey, Johnson Clinic, McIntee Senate join me in congratulating residents of Rugby will gather to cele- Law Firm, Towner Foods, Ranch House Hankinson, ND and its residents on brate their community’s history and Restaurant, and Western State Bank. their first 125 years and in wishing founding. In honor of the city’s 125th anniver- them well in the future. By honoring Rugby is a vibrant community in sary, community leaders have orga- Hankinson and all other historic small North Dakota that was founded in 1886. nized a number of fun activities. There

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3168 CONGRESSIONAL RECORD — SENATE May 19, 2011 will be live music, a street dance, pan- her staff have assisted in the retraining The following concurrent resolution cake breakfast, golf tournament, and transitioning of over 1,000 service- was read, and placed on the calendar: rodeo, fireworks, a classic car show, members and their family members, as S. Con. Res. 20. Concurrent resolution set- and a parade. well as civilian workers, in the ting forth the congressional budget for the I ask that my colleagues in the U.S. midcoast region. Furthermore, Kris- United States Government for fiscal year Senate join me in congratulating tine has served as the project manager 2012 and setting forth the appropriate budg- Towner, ND, and its residents on their for the military spouse career advance- etary levels for fiscal years 2013 through 2016. first 125 years and in wishing them well ment account at the base, helping close f in the future. By honoring Towner and to 200 military spouses receive the EXECUTIVE AND OTHER all other historic small towns of North training necessary for placement in COMMUNICATIONS Dakota, we keep the great pioneering new employment opportunities. The following communications were frontier spirit alive for future genera- Our Nation owes our veterans in laid before the Senate, together with tions. It is places such as Towner that Maine, and throughout the country, a accompanying papers, reports, and doc- have helped shape this country into debt of gratitude that can never be uments, and were referred as indicated: what it is today, which is why this fine fully repaid. Regrettably, the unem- EC–1786. A communication from the Attor- community is deserving of our recogni- ployment rate for veterans returning ney Advisor, U.S. Coast Guard, Department tion. from Afghanistan and Iraq is 12.5 per- of Homeland Security, transmitting, pursu- Towner has a proud past and a bright cent—a full 3.5 percent higher than the ant to law, the report of a rule entitled future.∑ national unemployment rate for the ‘‘Safety Zone; Naval Air Station Corpus Christi Air Show, Oso Bay, Corpus Christi, f overall population. That is what makes the work of Kristine Schuman and peo- TX’’ ((RIN1625–AA00) (Docket No. USCG– TRIBUTE TO KRISTINE SCHUMAN 2011–0139)) received in the Office of the Presi- ple like her all the more critical. I ∑ Ms. SNOWE. Mr. President, this dent of the Senate on May 17, 2011; to the thank Kristine for her incredible work, Committee on Commerce, Science, and week marks the 48th annual celebra- and wish her success in future endeav- Transportation. tion of National Small Business Week, ors.∑ EC–1787. A communication from the Asso- a time to honor the enormous con- ciate Chief, Wireline Competition Bureau, f tributions of small businesses to our Federal Communications Commission, trans- nation’s economy. We know that small MESSAGES FROM THE PRESIDENT mitting, pursuant to law, the report of a rule entitled ‘‘Implementation of Section 224 of firms are truly our country’s greatest Messages from the President of the job creators, responsible for two-thirds the Act; A National Broadband Plan for Our United States were communicated to Future’’ (RIN3060–AJ64) received in the Of- of new jobs annually, and they have the Senate by Mr. Pate, one of his sec- fice of the President of the Senate on May 17, consistently led us out of economic retaries. 2011; to the Committee on Commerce, downturns historically. f Science, and Transportation. Presently, we have thousands of serv- EC–1788. A communication from the Senior icemembers returning from Iraq and EXECUTIVE MESSAGES REFERRED Program Analyst, Federal Aviation Adminis- Afghanistan each month. As these As in executive session the Presiding tration, Department of Transportation, proud veterans attempt to reenter ci- transmitting, pursuant to law, the report of Officer laid before the Senate messages a rule entitled ‘‘Amendment of Class E Air- vilian life, many seek to start their from the President of the United space; Cable Union, WI’’ ((RIN2120–AA66) own business. For the past several States submitting sundry nominations (Docket No. FAA–2010–1169)) received in the years, veterans in the midcoast region which were referred to the appropriate Office of the President of the Senate on May of Maine have had a counselor and ad- committees. 12, 2011; to the Committee on Commerce, vocate named Kristine Schuman help- (The nominations received today are Science, and Transportation. ing them achieve their goals. In rec- EC–1789. A communication from the Senior printed at the end of the Senate pro- Program Analyst, Federal Aviation Adminis- ognition of her outstanding commit- ceedings.) tration, Department of Transportation, ment to these brave men and women, f transmitting, pursuant to law, the report of Kristine recently received the Maine a rule entitled ‘‘Amendment of Class E Air- Veteran Small Business Champion of MEASURES DISCHARGED space; Kokomo, IN’’ ((RIN2120–AA66) (Docket the Year award from the U.S. Small The following concurrent resolutions No. FAA–2010–0605)) received in the Office of Business Administration. Today I ap- were discharged from the Committee the President of the Senate on May 12, 2011; plaud Kristine for her selfless service, on the Budget pursuant to Section 300 to the Committee on Commerce, Science, and offer my sincerest thanks for her and Transportation. of the Congressional Budget Act, and EC–1790. A communication from the Senior work. placed on the calendar: Program Analyst, Federal Aviation Adminis- A resident of Topsham, Kristine is S. Con. Res. 18. A concurrent resolution tration, Department of Transportation, the manager of the Base Realignment setting forth the President’s budget request transmitting, pursuant to law, the report of and Closure, or BRAC, Transition Cen- for the United States Government for fiscal a rule entitled ‘‘Amendment of Class E Air- ter at Naval Air Station Brunswick, or year 2012, and setting forth the appropriate space; Carizzo Springs, Glass Ranch Airport, NASB. The town of Brunswick has been budgetary levels for fiscal years 2013 through TX’’ ((RIN2120–AA66) (Docket No. FAA–2010– home to NASB since 1943, when it was 2021. 0877)) received in the Office of the President S. Con. Res. 19. A concurrent resolution constructed to assist in the Allied ef- of the Senate on May 12, 2011; to the Com- setting forth the congressional budget for mittee on Commerce, Science, and Transpor- fort during World War II. Over the the United States Government for fiscal year tation. years, thousands of Navy officers and 2012 and setting forth the appropriate budg- EC–1791. A communication from the Senior civilians have worked and trained at etary levels for fiscal years 2013 through 2021. Program Analyst, Federal Aviation Adminis- NASB, contributing to a sense of com- S. Con. Res. 20. A concurrent resolution tration, Department of Transportation, munity at the base. Regrettably, NASB setting forth the congressional budget for transmitting, pursuant to law, the report of was recommended for closure by the the United States Government for fiscal year a rule entitled ‘‘Amendment of Class E Air- 2005 BRAC Commission, and is expected 2012 and setting forth the appropriate budg- space; Point Lookout, MO’’ ((RIN2120–AA66) etary levels for fiscal years 2013 through 2016. (Docket No. FAA–2010–1172)) received in the to close later this year. f Office of the President of the Senate on May As the local community undertakes 12, 2011; to the Committee on Commerce, efforts to redevelop the base, many MEASURES PLACED ON THE Science, and Transportation. who have served at NASB over the CALENDAR EC–1792. A communication from the Senior years have stayed in the Brunswick Program Analyst, Federal Aviation Adminis- The following bill was read the sec- tration, Department of Transportation, area and now call it home. Indeed, ond time, and placed on the calendar: Maine boasts the second highest per transmitting, pursuant to law, the report of capita veteran population in the Na- S. 1022. A bill to extend expiring provisions a rule entitled ‘‘Amendment of Class E Air- of the USA PATRIOT Improvement and Re- space; Bedford, IN’’ ((RIN2120–AA66) (Docket tion, and those looking to start their authorization Act of 2005 and the Intel- No. FAA–2010–1026)) received in the Office of own business or learn new job skills ligence Reform and Terrorism Prevention the President of the Senate on May 12, 2011; have a phenomenal counselor in Kris- Act of 2004 until December 31, 2014, and for to the Committee on Commerce, Science, tine Schuman. Since 2008, Kristine and other purposes. and Transportation.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3169 EC–1793. A communication from the Senior EC–1801. A communication from the Senior partment of Commerce, transmitting, pursu- Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled ‘‘Re- tration, Department of Transportation, tration, Department of Transportation, opening of Commercial Harvest of transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Vermillion Snapper in the South Atlantic’’ a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; (RIN0648–XA360) received in the Office of the Hamilton Sundstrand Propellers Model 247F Sicma Aero Seat 9140, 9166, 9173, 9174, 9184, President of the Senate on May 17, 2011; to Propellers’’ ((RIN2120–AA64) (Docket No. 9188, 9196, 91B7, 91B8, 91C0, 91C2, 91C4, 91C5, the Committee on Commerce, Science, and FAA–2009–0113)) received in the Office of the and 9301 Series Passenger Seat Assemblies; Transportation. President of the Senate on May 12, 2011; to and Sicma Aero Seat 9501311–05, 9501301–06, EC–1809. A communication from the Acting the Committee on Commerce, Science, and 9501311–15, 9501301–16, 9501441–30, 9501441–33, Director, Office of Sustainable Fisheries, De- Transportation. 9501311–55, 9501301–56, 9501441–83, 9501441–95, partment of Commerce, transmitting, pursu- EC–1794. A communication from the Senior 9501311–97, and 9501301–98 Passenger Seat As- ant to law, the report of a rule entitled ‘‘Re- Program Analyst, Federal Aviation Adminis- semblies; Installed on Various Transport allocation of Pacific Cod in the Bering Sea’’ tration, Department of Transportation, Category Airplanes’’ ((RIN2120–AA64) (Dock- (RIN0648–XA404) received in the Office of the transmitting, pursuant to law, the report of et No. FAA–2010–0027)) received in the Office President of the Senate on May 16, 2011; to a rule entitled ‘‘Airworthiness Directives; of the President of the Senate on May 12, the Committee on Commerce, Science, and Dassault-Aviation Model FALCON 7X Air- 2011; to the Committee on Commerce, Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– Science, and Transportation. EC–1810. A communication from the Acting 2010–1306)) received in the Office of the Presi- EC–1802. A communication from the Senior Director, Office of Sustainable Fisheries, De- dent of the Senate on May 12, 2011; to the Program Analyst, Federal Aviation Adminis- partment of Commerce, transmitting, pursu- Committee on Commerce, Science, and tration, Department of Transportation, ant to law, the report of a rule entitled ‘‘Pa- Transportation. transmitting, pursuant to law, the report of cific Cod by Catcher Vessels Using Trawl EC–1795. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; Gear in the Bering Sea and Aleutian Islands Program Analyst, Federal Aviation Adminis- Reims Aviation S.A. Model F406 Airplanes’’ Management Area’’ (RIN0648–XA364) received tration, Department of Transportation, ((RIN2120–AA64) (Docket No. FAA–2011–0058)) in the Office of the President of the Senate transmitting, pursuant to law, the report of received in the Office of the President of the on May 16, 2011; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives; Senate on May 12, 2011; to the Committee on merce, Science, and Transportation. Dassault-Aviation Model FALCON 7X Air- Commerce, Science, and Transportation. EC–1811. A communication from the Acting planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–1803. A communication from the Dep- Director, Office of Sustainable Fisheries, De- 2010–1207)) received in the Office of the Presi- uty Assistant Administrator for Operations, partment of Commerce, transmitting, pursu- dent of the Senate on May 12, 2011; to the Office of Sustainable Fisheries, Department ant to law, the report of a rule entitled ‘‘2011 Committee on Commerce, Science, and of Commerce, transmitting, pursuant to law, Accountability Measures for the Commercial Transportation. the report of a rule entitled ‘‘Magnuson-Ste- and Recreational Harvest of Greater EC–1796. A communication from the Senior vens Fishery Conservation and Management Amberjack’’ (RIN0648–XA353) received in the Program Analyst, Federal Aviation Adminis- Act Provisions; Fisheries of the North- Office of the President of the Senate on May tration, Department of Transportation, eastern United States; Northeast (NE) Multi- 16, 2011; to the Committee on Commerce, transmitting, pursuant to law, the report of species Fishery; Framework Adjustment 45’’ Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; (RIN0648–BA27) received in the Office of the EC–1812. A communication from the Ad- Airbus Model A340–200, –300, –500, and –600 Se- President of the Senate on May 16, 2011; to ministrator, Federal Aviation Administra- ries Airplanes’’ ((RIN2120–AA64) (Docket No. the Committee on Commerce, Science, and tion, Department of Transportation, trans- FAA–2011–0386)) received in the Office of the mitting, pursuant to law, a report entitled President of the Senate on May 12, 2011; to Transportation. EC–1804. A communication from the Dep- ‘‘National Airspace System Capital Invest- the Committee on Commerce, Science, and uty Assistant Administrator for Operations, ment Plan Fiscal Years 2012–2016’’; to the Transportation. EC–1797. A communication from the Senior Office of Sustainable Fisheries, Department Committee on Commerce, Science, and Program Analyst, Federal Aviation Adminis- of Commerce, transmitting, pursuant to law, Transportation. EC–1813. A communication from the Sec- tration, Department of Transportation, the report of a rule entitled ‘‘Magnuson-Ste- retary of Commerce, transmitting, pursuant transmitting, pursuant to law, the report of vens Act Provisions; Fisheries of the North- to law, the National Oceanic and Atmos- a rule entitled ‘‘Airworthiness Directives; eastern United States; Northeast Multispe- DG Flugzeugbau GmbH Glaser-Dirks Model cies Fishery; 2011 Sector Operations Plans pheric Administration (NOAA) Chesapeake DG–808C Gliders’’ ((RIN2120–AA64) (Docket and Contracts, and Allocation of Northeast Bay Office Biennial Report to Congress; to No. FAA–2011–0409)) received in the Office of Multispecies Annual Catch Entitlements’’ the Committee on Commerce, Science, and the President of the Senate on May 12, 2011; (RIN0648–XY55) received in the Office of the Transportation. EC–1814. A communication from the Con- to the Committee on Commerce, Science, President of the Senate on May 16, 2011; to gressional Review Coordinator, Animal and and Transportation. the Committee on Commerce, Science, and EC–1798. A communication from the Senior Transportation. Plant Health Inspection Service, Department Program Analyst, Federal Aviation Adminis- EC–1805. A communication from the Dep- of Agriculture, transmitting, pursuant to tration, Department of Transportation, uty Assistant Administrator for Operations, law, the report of a rule entitled ‘‘Importa- transmitting, pursuant to law, the report of Office of Sustainable Fisheries, Department tion of Swine Hides and Skins, Bird Tro- a rule entitled ‘‘Airworthiness Directives; of Commerce, transmitting, pursuant to law, phies, and Ruminant Hides and Skins; Tech- Airbus Model A330–300, A340–200, and A340–300 the report of a rule entitled ‘‘Fisheries of the nical Amendment’’ ((RIN0579–AC11) (Docket Series Airplanes’’ ((RIN2120–AA64) (Docket Northeastern United States; Atlantic Blue- No. APHIS–2006–0113)) received in the Office No. FAA–2010–1309)) received in the Office of fish Fishery; 2011 Atlantic Bluefish Speci- of the President of the Senate on May 18, the President of the Senate on May 12, 2011; fications; Regulatory Amendment’’ 2011; to the Committee on Agriculture, Nu- to the Committee on Commerce, Science, (RIN0648–BA26) received in the Office of the trition, and Forestry. and Transportation. President of the Senate on May 16, 2011; to EC–1815. A communication from the Chief, EC–1799. A communication from the Senior the Committee on Commerce, Science, and Planning and Regulatory Affairs Branch, De- Program Analyst, Federal Aviation Adminis- Transportation. partment of Agriculture, transmitting, pur- tration, Department of Transportation, EC–1806. A communication from the Acting suant to law, the report of a rule entitled transmitting, pursuant to law, the report of Director, Office of Sustainable Fisheries, De- ‘‘Direct Certification and Certification of a rule entitled ‘‘Airworthiness Directives; partment of Commerce, transmitting, pursu- Homeless, Migrant and Runaway Children The Boeing Company Model DC–9–14, DC–9– ant to law, the report of a rule entitled for Free School Meals’’ (RIN0584–AD60) re- 15, and DC–9–15F Airplanes; and DC–9–20, DC– ‘‘Summer Flounder Fishery; Quota Trans- ceived in the Office of the President of the 9–30, DC–9–40, and DC–9–50 Series Airplanes’’ fer’’ (RIN0648–XA371) received in the Office of Senate on May 18, 2011; to the Committee on ((RIN2120–AA64) (Docket No. FAA–2010–0958)) the President of the Senate on May 17, 2011; Agriculture, Nutrition, and Forestry. received in the Office of the President of the to the Committee on Commerce, Science, EC–1816. A communication from the Dep- Senate on May 12, 2011; to the Committee on and Transportation. uty Director, Court Services and Offender Commerce, Science, and Transportation. EC–1807. A communication from the Acting Supervision Agency for the District of Co- EC–1800. A communication from the Senior Director, Office of Sustainable Fisheries, De- lumbia, transmitting, pursuant to law, a re- Program Analyst, Federal Aviation Adminis- partment of Commerce, transmitting, pursu- port relative to a violation of the tration, Department of Transportation, ant to law, the report of a rule entitled Antideficiency Act that occurred within the transmitting, pursuant to law, the report of ‘‘Opening Directed Fishing for Pacific Cod by Court Services and Offender Supervision a rule entitled ‘‘Airworthiness Directives; Catcher Vessels Less than 60 Feet’’ (RIN0648– Agency; to the Committee on Appropria- Bombardier, Inc. Model CL–600–2B19 (Re- XA405) received in the Office of the President tions. gional Jet Series 100 and 440) Airplanes’’ of the Senate on May 17, 2011; to the Com- EC–1817. A communication from the Under ((RIN2120–AA64) (Docket No. FAA–2010–0436)) mittee on Commerce, Science, and Transpor- Secretary of Defense (Acquisition, Tech- received in the Office of the President of the tation. nology and Logistics), transmitting, pursu- Senate on May 12, 2011; to the Committee on EC–1808. A communication from the Acting ant to law, a report relative to the Depart- Commerce, Science, and Transportation. Director, Office of Sustainable Fisheries, De- ment’s purchases from foreign entities for

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3170 CONGRESSIONAL RECORD — SENATE May 19, 2011 Fiscal Year 2010; to the Committee on Armed EC–1829. A communication from the Chief By Mr. LEAHY, from the Committee on Services. of the Publications and Regulations Branch, the Judiciary, without amendment: EC–1818. A communication from the Assist- Internal Revenue Service, Department of the S. 890. A bill to establish the supplemental ant General Counsel, General Law, Ethics, Treasury, transmitting, pursuant to law, the fraud fighting account, and for other pur- and Regulation, Department of the Treasury, report of a rule entitled ‘‘Treatment of Prop- poses. transmitting, pursuant to law, a report rel- erty Used to Acquire Parent Stock or Securi- f ative to a vacancy in the position of Assist- ties in Certain Triangular Reorganizations ant Secretary (Economic Policy), received Involving Foreign Corporations’’ (RIN1545– INTRODUCTION OF BILLS AND on May 18, 2011; to the Committee on Bank- BG96) received in the Office of the President JOINT RESOLUTIONS ing, Housing, and Urban Affairs. of the Senate on May 19, 2011; to the Com- EC–1819. A communication from the Gen- mittee on Finance. The following bills and joint resolu- eral Counsel of the Federal Housing Finance EC–1830. A communication from the Direc- tions were introduced, read the first Agency, transmitting, pursuant to law, the tor of the Advance Pricing Agreement Pro- and second times by unanimous con- report of a rule entitled ‘‘Federal Home Loan gram, Internal Revenue Service, Department sent, and referred as indicated: Bank Investments’’ (RIN2590–AA32) received of the Treasury, transmitting, pursuant to By Mr. BINGAMAN (for himself and in the Office of the President of the Senate law, the report of a rule entitled ‘‘Announce- Mr. UDALL of New Mexico): on May 18, 2011; to the Committee on Bank- ment and Report Concerning Advance Pric- S. 1024. A bill to designate the Organ ing, Housing, and Urban Affairs. ing Agreements’’ (Announcement 2011–22) re- Mountains and other public land as compo- EC–1820. A communication from the Asso- ceived on May 19, 2011; to the Committee on nents of the National Wilderness Preserva- ciate General Counsel of the National Credit Finance. tion System and the National Landscape Union Administration, transmitting, pursu- EC–1831. A communication from the Direc- Conservation System in the State of New ant to law, the report of a rule entitled tor of Regulations and Policy Management Mexico, and for other purposes; to the Com- ‘‘Truth in Savings’’ (RIN3133–AD72) received Staff, Food and Drug Administration, De- mittee on Energy and Natural Resources. in the Office of the President of the Senate partment of Health and Human Services, By Mr. LEAHY (for himself and Mr. on May 18, 2011; to the Committee on Bank- transmitting, pursuant to law, the report of GRAHAM): ing, Housing, and Urban Affairs. a rule entitled ‘‘Listing of Color Additives S. 1025. A bill to amend title 10, United EC–1821. A communication from the Gen- Exempt From Certification; Reactive Blue States Code, to enhance the national defense eral Counsel of the Federal Housing Finance 69’’ ((21 CFR Part 73) (Docket No. FDA–2009– through empowerment of the National Agency, transmitting, pursuant to law, the C–0543)) received in the Office of the Presi- Guard, enhancement of the functions of the report of a rule entitled ‘‘Freedom of Infor- dent of the Senate on May 19, 2011; to the National Guard Bureau, and improvement of mation Act Implementation’’ (RIN2590–AA44) Committee on Health, Education, Labor, and Federal-State military coordination in do- received in the Office of the President of the Pensions. mestic emergency response, and for other Senate on May 19, 2011; to the Committee on EC–1832. A communication from the Sec- purposes; to the Committee on Armed Serv- Banking, Housing, and Urban Affairs. retary of Health and Human Services, trans- ices. EC–1822. A communication from the Presi- mitting, pursuant to law, a report entitled By Mr. ENZI (for himself, Mr. JOHNSON dent of the United States, transmitting, pur- ‘‘Health, United States, 2010’’; to the Com- of South Dakota, Mr. GRASSLEY, and suant to law, a report relative to the con- mittee on Health, Education, Labor, and Mr. TESTER): tinuation of the national emergency with re- Pensions. spect to the stabilization of Iraq; to the S. 1026. A bill to amend the Packers and EC–1833. A communication from the Chair- Stockyards Act, 1921, to prohibit the use of Committee on Banking, Housing, and Urban man of the National Credit Union Adminis- Affairs. certain anti-competitive forward contracts; tration, transmitting, pursuant to law, the to the Committee on Agriculture, Nutrition, EC–1823. A communication from the Chair- Semi-Annual Report of the Inspector Gen- man and President of the Export-Import and Forestry. eral for the period from October 1, 2010 By Mr. BARRASSO (for himself, Mr. Bank, transmitting, pursuant to law, a re- through March 31, 2011; to the Committee on ENZI, Mr. LEE, and Mr. HATCH): port relative to transactions involving U.S. Homeland Security and Governmental Af- exports to Mexico; to the Committee on S. 1027. A bill to provide for the rescission fairs. of certain instruction memoranda of the Bu- Banking, Housing, and Urban Affairs. EC–1834. A communication from the Sec- reau of Land Management, to amend the EC–1824. A communication from the Chair- retary, Smithsonian Institution, transmit- Mineral Leasing Act to provide for the deter- man and President of the Export-Import ting, pursuant to law, a report relative to mination of the impact of proposed policy Bank, transmitting, pursuant to law, a re- the Institution’s audited financial state- modifications, and for other purposes; to the port relative to transactions involving U.S. ments for fiscal year 2010; to the Committee Committee on Energy and Natural Re- exports to Singapore; to the Committee on on Homeland Security and Governmental Af- sources. Banking, Housing, and Urban Affairs. fairs. By Mr. CORNYN (for himself and Mr. EC–1825. A communication from the Sec- EC–1835. A communication from the Chair- KYL): retary of the Treasury, transmitting, pursu- man of the Council of the District of Colum- S. 1028. A bill to increase transparency re- ant to law, a six-month report on the na- bia, transmitting, pursuant to law, a report garding debt instruments of the United tional emergency that was originally de- on D.C. Act 19–59 ‘‘Closing of a Portion of States held by foreign governments, to as- clared in Executive Order 13159 relative to Anacostia Avenue N.E., abutting Parcel 170/ sess the risks to the United States of such the risk of nuclear proliferation created by 14 S.O. 11–3689, Act of 2011’’; to the Com- holdings, and for other purposes; to the Com- the accumulation of weapons-usable fissile mittee on Homeland Security and Govern- mittee on Finance. material in the territory of the Russian Fed- mental Affairs. By Mr. UDALL of Colorado (for himself eration; to the Committee on Banking, Hous- EC–1836. A communication from the Assist- and Mr. BROWN of Massachusetts): ing, and Urban Affairs. ant Attorney General, Office of Legislative S. 1029. A bill to amend the Public Utility EC–1826. A communication from the Direc- Affairs, Department of Justice, transmit- Regulatory Policies Act of 1978 to provide tor, Office of Surface Mining, Department of ting, pursuant to law, a report entitled electric consumers the right to access cer- the Interior, transmitting, pursuant to law, ‘‘International Terrorism Victim Expense tain electric energy information, and for the report of a rule entitled ‘‘Montana Regu- Reimbursement Program Report to Congress other purposes; to the Committee on Energy latory Program’’ (Docket No. MT–031–FOR) 2009’’; to the Committee on the Judiciary. received in the Office of the President of the and Natural Resources. Senate on May 19, 2011; to the Committee on f By Ms. SNOWE (for herself, Mr. Energy and Natural Resources. REPORTS OF COMMITTEES COBURN, Mr. ENZI, Ms. AYOTTE, Mr. EC–1827. A communication from the Direc- MORAN, Mr. THUNE, Mr. BARRASSO, tor, Office of Surface Mining, Department of The following reports of committees Mr. COATS, and Mr. ISAKSON): the Interior, transmitting, pursuant to law, were submitted: S. 1030. A bill to reform the regulatory the report of a rule entitled ‘‘Alabama Regu- By Mr. LEAHY, from the Committee on process to ensure that small businesses are latory Program’’ (Docket No. AL–076–FOR) the Judiciary, without amendment: free to compete and to create jobs, and for received in the Office of the President of the S. 350. A bill to require restitution for vic- other purposes; to the Committee on Home- Senate on May 19, 2011; to the Committee on tims of criminal violations of the Federal land Security and Governmental Affairs. Energy and Natural Resources. Water Pollution Control Act, and for other By Mr. COBURN (for himself, Mr. EC–1828. A communication from the Acting purposes. BURR, and Mr. CHAMBLISS): Assistant Secretary, National Park Service, By Mr. LEAHY, from the Committee on S. 1031. A bill to empower States with pro- Department of the Interior, transmitting, the Judiciary, with an amendment in the na- grammatic flexibility and financial predict- pursuant to law, the report of a rule entitled ture of a substitute: ability to improve their Medicaid programs ‘‘Historic Preservation Certifications for S. 623. A bill to amend chapter 111 of title and State Children’s Health Insurance Pro- Federal Income Tax Incentives’’ (RIN1024– 28, United States Code, relating to protective grams by ensuring better health care for AD65) received in the Office of the President orders, sealing of cases, disclosures of dis- low-income pregnant women, children, and of the Senate on May 19, 2011; to the Com- covery information in civil actions, and for families, and for elderly individuals and dis- mittee on Energy and Natural Resources. other purposes. abled individuals in need of long-term care

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services and supports, whose income and re- vide standards for the spectrum needs of pub- S. 312 sources are insufficient to meet the costs of lic safety entities, and for other purposes; to At the request of Mrs. HUTCHISON, the necessary medical services; to the Com- the Committee on Commerce, Science, and name of the Senator from Arkansas mittee on Finance. Transportation. (Mr. BOOZMAN) was added as a cospon- By Mr. BINGAMAN (for himself and f sor of S. 312, a bill to amend the Pa- Mr. UDALL of New Mexico): tient Protection and Affordable Care S. 1032. A bill to provide for additional Fed- SUBMISSION OF CONCURRENT AND Act to repeal certain limitations on eral district judgeships; to the Committee on SENATE RESOLUTIONS the Judiciary. health care benefits. By Mr. WYDEN: The following concurrent resolutions S. 319 S. 1033. A bill to amend the Reclamation and Senate resolutions were read, and At the request of Ms. SNOWE, the Wastewater and Groundwater Study and Fa- referred (or acted upon), as indicated: cilities Act to authorize the Secretary of the name of the Senator from North Da- By Mr. JOHNSON of South Dakota: Interior to participate in the City of kota (Mr. CONRAD) was added as a co- S. Res. 191. A resolution designating June Hermiston, Oregon, water recycling and sponsor of S. 319, a bill to amend the 2011 as ‘‘National Aphasia Awareness Month’’ reuse project, and for other purposes; to the and supporting efforts to increase awareness Federal Food, Drug, and Cosmetic Act Committee on Energy and Natural Re- of aphasia; to the Committee on the Judici- with respect to the importation of pre- sources. ary. scription drugs, and for other purposes. By Mr. SCHUMER (for himself, Mrs. By Mr. UDALL of Colorado (for him- S. 384 GILLIBRAND, Mr. LIEBERMAN, Mr. self, Mr. BURR, Mr. BINGAMAN, and CARDIN, Ms. MIKULSKI, and Mr. CAR- At the request of Mrs. FEINSTEIN, the Ms. MURKOWSKI): PER): name of the Senator from Texas (Mr. S. Res. 192. A resolution designating May S. 1034. A bill to amend the Internal Rev- CORNYN) was added as a cosponsor of S. 21, 2011, as ‘‘National Kids to Parks Day’’; enue Code of 1986 to equalize the exclusion 384, a bill to amend title 39, United from gross income of parking and transpor- considered and agreed to. By Mr. MERKLEY (for himself and Mr. States Code, to extend the authority of tation fringe benefits and to provide for a the United States Postal Service to common cost-of-living adjustment, and for WYDEN): other purposes; to the Committee on Fi- S. Res. 193. A resolution honoring the bi- issue a semipostal to raise funds for nance. centennial of the City of Astoria; considered breast cancer research. and agreed to. By Mr. CARPER (for himself, Ms. COL- S. 406 LINS, and Mr. LAUTENBERG): By Mr. SESSIONS: S. Con. Res. 18. A concurrent resolution At the request of Mr. WYDEN, the S. 1035. A bill to amend the Internal Rev- name of the Senator from Colorado enue Code of 1986 to include automated fire setting forth the President’s budget request sprinkler systems as section 179 property and for the United States Government for fiscal (Mr. UDALL) was added as a cosponsor classify certain automated fire sprinkler sys- year 2012, and setting forth the appropriate of S. 406, a bill to modify the Foreign tems as 15-year property for purposes of de- budgetary levels for fiscal years 2013 through Intelligence Surveillance Act of 1978 to preciation; to the Committee on Finance. 2021; placed on the calendar. require specific evidence for access to By Mr. CARDIN (for himself and Mr. By Mr. TOOMEY: business records and other tangible VITTER): S. Con. Res. 19. A concurrent resolution things, and provide appropriate transi- setting forth the congressional budget for S. 1036. A bill to amend title 40, United tion procedures, and for other pur- States Code, to ensure that job opportunities the United States Government for fiscal year for people who are blind and people with sig- 2012 and setting forth the appropriate budg- poses. nificant disabilities are met by requiring the etary levels for fiscal years 2013 through 2021; S. 542 application of the Javits-Wagner-O’Day Act placed on the calendar. At the request of Mr. BEGICH, the to certain lease agreements entered into by By Mr. PAUL: name of the Senator from Vermont S. Con. Res. 20. A concurrent resolution the Federal Government for private build- (Mr. LEAHY) was added as a cosponsor ings or improvements; to the Committee on setting forth the congressional budget for the United States Government for fiscal year of S. 542, a bill to amend title 10, Environment and Public Works. United States Code, to authorize space- By Mrs. HUTCHISON (for herself and 2012 and setting forth the appropriate budg- Mr. CORNYN): etary levels for fiscal years 2013 through 2016; available travel on military aircraft S. 1037. A bill to amend the Intermodal placed on the calendar. for members of the reserve compo- Surface Transportation Efficiency Act of f nents, a member or former member of 1991 with respect to the identification of high a reserve component who is eligible for priority corridors and the inclusion of cer- ADDITIONAL COSPONSORS retired pay but for age, widows and tain route segments on the Interstate Sys- S. 165 widowers of retired members, and de- tem, and for other purposes; to the Com- pendents. mittee on Environment and Public Works. At the request of Mr. VITTER, the By Mr. REID (for himself and Mr. names of the Senator from South Da- S. 547 MCCONNELL): kota (Mr. THUNE) and the Senator from At the request of Mrs. MURRAY, the S. 1038. A bill to extend the expiring provi- Nebraska (Mr. NELSON) were added as name of the Senator from Iowa (Mr. sions of the USA PATRIOT Improvement cosponsors of S. 165, a bill to amend the GRASSLEY) was added as a cosponsor of and Reauthorization Act of 2005 and the In- S. 547, a bill to direct the Secretary of telligence Reform and Terrorism Prevention Public Health Services Act to prohibit Act of 2004 until June 1, 2015, and for other certain abortion-related discrimination Education to establish an award pro- purposes; read twice. in governmental activities. gram recognizing excellence exhibited By Mr. CARDIN (for himself, Mr. S. 214 by public school system employees pro- viding services to students in pre-kin- MCCAIN, Ms. AYOTTE, Mr. BEGICH, Mr. At the request of Mr. MENENDEZ, the BLUMENTHAL, Mr. DURBIN, Mr. name of the Senator from Minnesota dergarten through higher education. JOHANNS, Mr. KIRK, Mr. KYL, Mr. (Ms. KLOBUCHAR) was added as a co- S. 570 LIEBERMAN, Mr. RUBIO, Mrs. At the request of Mr. TESTER, the SHAHEEN, Mr. WHITEHOUSE, and Mr. sponsor of S. 214, a bill to amend the WICKER): Oil Pollution Act of 1990 to require oil name of the Senator from Nebraska S. 1039. A bill to impose sanctions on per- polluters to pay the full cost of oil (Mr. JOHANNS) was added as a cospon- sons responsible for the detention, abuse, or spills, and for other purposes. sor of S. 570, a bill to prohibit the De- death of Sergei Magnitsky, for the con- S. 251 partment of Justice from tracking and spiracy to defraud the Russian Federation of cataloguing the purchases of multiple At the request of Mr. VITTER, the taxes on corporate profits through fraudu- rifles and shotguns. lent transactions and lawsuits against Her- name of the Senator from Wyoming mitage, and for other gross violations of (Mr. BARRASSO) was added as a cospon- S. 618 human rights in the Russian Federation, and sor of S. 251, a bill to prohibit the pro- At the request of Mr. RUBIO, his name for other purposes; to the Committee on For- vision of Federal funds to State and was added as a cosponsor of S. 618, a eign Relations. local governments for payment of obli- bill to promote the strengthening of By Mr. LIEBERMAN (for himself and gations, to prohibit the Board of Gov- the private sector in Egypt and Tuni- Mr. MCCAIN): sia. S. 1040. A bill to enhance public safety by ernors of the Federal Reserve System making more spectrum available to public from financially assisting State and S. 623 safety entities, to facilitate the development local governments, and for other pur- At the request of Mr. KOHL, the name of a public safety broadband network, to pro- poses. of the Senator from California (Mrs.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3172 CONGRESSIONAL RECORD — SENATE May 19, 2011 FEINSTEIN) was added as a cosponsor of S. 838 the Senator from Ohio (Mr. BROWN), S. 623, a bill to amend chapter 111 of At the request of Mr. TESTER, the and the Senator from Maryland (Mr. title 28, United States Code, relating to name of the Senator from Oklahoma CARDIN) were added as cosponsors of S. protective orders, sealing of cases, dis- (Mr. INHOFE) was added as a cosponsor 1023, a bill to authorize the President closures of discovery information in of S. 838, a bill to amend the Toxic Sub- to provide assistance to the Govern- civil actions, and for other purposes. stances Control Act to clarify the ju- ment of Haiti to end within 5 years the S. 632 risdiction of the Environmental Pro- deforestation in Haiti and restore with- At the request of Mr. SCHUMER, the tection Agency with respect to certain in 30 years the extent of tropical forest name of the Senator from South Caro- sporting good articles, and to exempt cover in existence in Haiti in 1990, and lina (Mr. GRAHAM) was added as a co- those articles from a definition under for other purposes. sponsor of S. 632, a bill to amend the that Act. S. CON. RES. 4 Magnuson-Stevens Fishery Conserva- S. 866 At the request of Mr. SCHUMER, the tion and Management Act to extend At the request of Mr. TESTER, the names of the Senator from Delaware the authorized period for rebuilding of name of the Senator from New York (Mr. CARPER) and the Senator from Or- certain overfished fisheries, and for (Mrs. GILLIBRAND) was added as a co- egon (Mr. WYDEN) were added as co- other purposes. sponsor of S. 866, a bill to amend title sponsors of S. Con. Res. 4, a concurrent S. 696 10, United States Code, to modify the resolution expressing the sense of Con- At the request of Mr. TESTER, the per-fiscal year calculation of days of gress that an appropriate site on Chap- name of the Senator from Alaska (Mr. certain active duty or active service lains Hill in Arlington National Ceme- BEGICH) was added as a cosponsor of S. used to reduce the minimum age at tery should be provided for a memorial 696, a bill to amend title 38, United which a member of a reserve compo- marker to honor the memory of the States Code, to treat Vet Centers as nent of the uniformed services may re- Jewish chaplains who died while on ac- Department of Veterans Affairs facili- tire for non-regular service. tive duty in the Armed Forces of the ties for purposes of payments or allow- S. 913 United States. ances for beneficiary travel to Depart- At the request of Mr. ROCKEFELLER, S. RES. 80 ment facilities, and for other purposes. the name of the Senator from Ohio At the request of Mr. KIRK, the name S. 705 (Mr. BROWN) was added as a cosponsor of the Senator from Florida (Mr. At the request of Mr. CARPER, the of S. 913, a bill to require the Federal RUBIO) was added as a cosponsor of S. name of the Senator from Ohio (Mr. Trade Commission to prescribe regula- Res. 80, a resolution condemning the BROWN) was added as a cosponsor of S. tions regarding the collection and use Government of Iran for its state-spon- 705, a bill to amend the Internal Rev- of personal information obtained by sored persecution of its Baha’i minor- enue Code of 1986 to provide for colle- tracking the online activity of an indi- ity and its continued violation of the giate housing and infrastructure vidual, and for other purposes. International Covenants on Human grants. Rights. S. 949 S. 707 S. RES. 172 At the request of Mrs. SHAHEEN, the At the request of Mr. DURBIN, the name of the Senator from New York At the request of Mrs. FEINSTEIN, the name of the Senator from Michigan name of the Senator from Alabama (Mrs. GILLIBRAND) was added as a co- (Mr. LEVIN) was added as a cosponsor of sponsor of S. 949, a bill to amend the (Mr. SESSIONS) was added as a cospon- S. 707, a bill to amend the Animal Wel- National Oilheat Research Alliance Act sor of S. Res. 172, a resolution recog- fare Act to provide further protection of 2000 to reauthorize and improve that nizing the importance of cancer re- for puppies. Act, and for other purposes. search and the contributions made by S. 720 scientists and clinicians across the S. 979 At the request of Mr. THUNE, the United States who are dedicated to At the request of Mr. DURBIN, the name of the Senator from Tennessee finding a cure for cancer, and desig- name of the Senator from Colorado (Mr. CORKER) was added as a cosponsor nating May 2011, as ‘‘National Cancer (Mr. BENNET) was added as a cosponsor of S. 720, a bill to repeal the CLASS Research Month’’. of S. 979, a bill to designate as wilder- program. S. RES. 175 ness certain Federal portions of the red At the request of Mrs. SHAHEEN, the S. 723 rock canyons of the Colorado Plateau names of the Senator from Maryland At the request of Mr. VITTER, the and the Great Basin Deserts in the (Mr. CARDIN) and the Senator from Ala- name of the Senator from Arkansas State of Utah for the benefit of present bama (Mr. SESSIONS) were added as co- (Mr. BOOZMAN) was added as a cospon- and future generations of people in the sponsors of S. Res. 175, a resolution ex- sor of S. 723, a bill to amend section 301 United States. of the Immigration and Nationality pressing the sense of the Senate with Act to clarify those classes of individ- S. 982 respect to ongoing violations of the uals born in the United States who are At the request of Ms. AYOTTE, the territorial integrity and sovereignty of nationals and citizens of the United name of the Senator from Idaho (Mr. Georgia and the importance of a peace- States at birth. RISCH) was added as a cosponsor of S. ful and just resolution to the conflict 982, a bill to reaffirm the authority of S. 833 within Georgia’s internationally recog- the Department of Defense to maintain At the request of Mr. WHITEHOUSE, nized borders. United States Naval Station, Guanta- the names of the Senator from Michi- S. RES. 184 namo Bay, Cuba, as a location for the gan (Ms. STABENOW) and the Senator At the request of Mr. DURBIN, his detention of unprivileged enemy bellig- from New Jersey (Mr. LAUTENBERG) name was added as a cosponsor of S. were added as cosponsors of S. 833, a erents held by the Department of De- Res. 184, a resolution recognizing the bill to provide grants to States to en- fense, and for other purposes. life and service of the Honorable Hu- sure that all students in the middle S. 1002 bert H. Humphrey, distinguished grades are taught an academically rig- At the request of Mr. SCHUMER, the former Senator from the State of Min- orous curriculum with effective sup- name of the Senator from Oregon (Mr. nesota and former Vice President of ports so that students complete the WYDEN) was added as a cosponsor of S. the United States, upon the 100th anni- middle grades prepared for success in 1002, a bill to prohibit theft of medical versary of his birth. secondary school and postsecondary products, and for other purposes. S. RES. 188 endeavors, to improve State and dis- S. 1023 At the request of Mr. KIRK, the trict policies and programs relating to At the request of Mr. DURBIN, the names of the Senator from Maine (Ms. the academic achievement of students names of the Senator from Indiana COLLINS), the Senator from Indiana in the middle grades, to develop and (Mr. LUGAR), the Senator from (Mr. COATS), the Senator from New implement effective middle grades Vermont (Mr. LEAHY), the Senator Hampshire (Ms. AYOTTE), the Senator models for struggling students, and for from New Mexico (Mr. BINGAMAN), the from Idaho (Mr. RISCH), the Senator other purposes. Senator from Vermont (Mr. SANDERS), from Wisconsin (Mr. JOHNSON), the

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3173 Senator from Wyoming (Mr. our Guard overseas to fight with its an- SECTION 1. SHORT TITLE. BARRASSO), the Senator from Florida cient and decrepit fleet of vehicles? This Act may be cited as the ‘‘National Guard Empowerment and State-National De- (Mr. RUBIO), the Senator from Kansas What about training? Who would help fense Integration Act of 2011’’. (Mr. ROBERTS), the Senator from Idaho get these units ready for the battle- SEC. 2. REESTABLISHMENT OF POSITION OF VICE (Mr. CRAPO), the Senator from Ala- field? CHIEF OF THE NATIONAL GUARD bama (Mr. SHELBY), the Senator from Senator GRAHAM and I wish we could BUREAU AND TERMINATION OF PO- Maine (Ms. SNOWE), the Senator from say that every necessary measure was SITION OF DIRECTOR OF THE JOINT STAFF OF THE NATIONAL GUARD Mississippi (Mr. WICKER), the Senator taken to correct these problems before BUREAU. from Tennessee (Mr. ALEXANDER) and our National Guard deployed. But we (a) REESTABLISHMENT AND TERMINATION OF the Senator from North Dakota (Mr. are still correcting them, and that’s POSITIONS.—Section 10505 of title 10, United HOEVEN) were added as cosponsors of S. what this piece of legislation is all States Code, is amended to read as follows: Res. 188, a resolution opposing State about. Ever since 9/11, I worked with ‘‘§ 10505. Vice Chief of the National Guard Bu- bailouts by the Federal Government. my friend Senator Bond to make sure reau f that these equipment, staffing, train- ‘‘(a) APPOINTMENT.—(1) There is a Vice ing, and other issues that our National Chief of the National Guard Bureau, selected STATEMENTS ON INTRODUCED Guard faced would be fixed. Our efforts by the Secretary of Defense from officers of BILLS AND JOINT RESOLUTIONS culminated just a few years ago in the the Army National Guard of the United By Mr. LEAHY (for himself and first National Guard Empowerment States or the Air National Guard of the United States who— Mr. GRAHAM). Act, which accomplished things like S. 1025. A bill to amend title 10, ‘‘(A) are recommended for such appoint- getting the Chief of the National Guard ment by their respective Governors or, in the United States Code, to enhance the na- Bureau a fourth star—and a louder case of the District of Columbia, the com- tional defense through empowerment voice in the Pentagon bureaucracy. manding general of the District of Columbia of the National Guard, enhancement of Now Senator GRAHAM and I are con- National Guard; the functions of the National Guard tinuing that work. We will not rest ‘‘(B) have had at least 10 years of federally Bureau, and improvement of Federal- until every soldier and airman in the recognized service in an active status in the State military coordination in domes- Guard has the training, equipment, and National Guard; and tic emergency response, and for other leadership he or she needs to accom- ‘‘(C) are in a grade above the grade of colo- purposes; to the Committee on Armed nel. plish the mission. ‘‘(2) The Chief and Vice Chief of the Na- Services. I would like to highlight a few things tional Guard Bureau may not both be mem- Mr. LEAHY. Mr. President, today I the bill will do. It will make the Chief bers of the Army or of the Air Force. am proud to introduce the National of the National Guard Bureau a statu- ‘‘(3)(A) Except as provided in subparagraph Guard Empowerment and State-Na- tory member of the Joint Chiefs of (B), an officer appointed as Vice Chief of the tional Defense Integration Act of 2011 Staff, a change we have needed for a National Guard Bureau serves for a term of along with my National Guard Caucus full decade to make sure Pentagon de- four years, but may be removed from office Co-Chair, Senator LINDSEY GRAHAM. at any time for cause. cision makers consider the unique na- ‘‘(B) The term of the Vice Chief of the Na- Our bill builds upon earlier reforms ture of the Guard when making deci- tional Guard Bureau shall end within a rea- proposed and enacted through the work sions. The bill authorizes appropria- sonable time (as determined by the Sec- of the Guard Caucus to give the Guard tions for Guard domestic operations. It retary of Defense) following the appointment and Reserve a seat at the Pentagon’s authorizes the State Partnership Pro- of a Chief of the National Guard Bureau who budget and policymaking tables and to gram, which has had such great success is a member of the same armed force as the update jurisdictional and operational in my home state of Vermont. The bill Vice Chief. lines of authority in Guard matters, will also help our emergency response ‘‘(b) DUTIES.—The Vice Chief of the Na- recognizing that the Guard has evolved tional Guard Bureau performs such duties as operations. During Hurricane Katrina, may be prescribed by the Chief of the Na- to become a front-line, 21st Century we saw military forces so confused by tional Guard Bureau. force that is still trapped in a 20th Cen- state and federal distinctions. This bill ‘‘(c) GRADE.—The Vice Chief of the Na- tury Pentagon bureaucracy. This bill includes a section focused on a new tional Guard Bureau shall be appointed to represents a bipartisan effort to do the unity of effort plan that the Pentagon serve in the grade of lieutenant general. right thing by the men and women of and the Department of Homeland Secu- ‘‘(d) FUNCTIONS AS ACTING CHIEF.—When our National Guard, and Senator rity have been working on with the there is a vacancy in the office of the Chief of the National Guard Bureau or in the ab- GRAHAM and I hope that it will receive Council of Governors and others. The sence or disability of the Chief, the Vice speedy consideration and passage. bill will also clarify the relationship Chief of the National Guard Bureau acts as Ten years ago, the National Guard of between the National Guard Bureau Chief and performs the duties of the Chief the United States was very different and the U.S. Northern and Pacific until a successor is appointed or the absence than the Guard protecting our country Commands and increase the Guard rep- of disability ceases.’’. today. A young private joining the Na- resentation in U.S. Northern Com- (b) CONFORMING AMENDMENTS.— tional Guard on September 10, 2001, was mand. (1) Section 10502 of such title is amended joining a force designed to participate Overall, this bill moves our Guard by striking subsection (e). in an all-out, no-holds-barred war with (2) Section 10506(a)(1) of such title is and our country forward. It makes our amended by striking ‘‘and the Director of the Soviet Union, even though the So- Guard more effective in accomplishing the Joint Staff of the National Guard Bu- viet Union had ceased to exist a decade the missions assigned to it. We ask so reau’’ and inserting ‘‘and the Vice Chief of before. When that private showed up much of our men and women in the the National Guard Bureau’’. for drill, he or she found facilities in Guard. Senator GRAHAM and I are (c) CLERICAL AMENDMENTS.— disrepair, a Guard demoralized by inat- proud today to continue looking out (1) HEADING AMENDMENT.—The heading of tention from Pentagon leaders, and for them and empowering them to get section 10502 of such title is amended to read as follows: equipment that seemed to predate the the job done when we call them away Cold War. Of course, the life of that from civilian life to put on the uni- ‘‘§ 10502. Chief of the National Guard Bureau: private, and of our entire nation, would appointment; advisor on National Guard form. We look forward to many of our matters; grade’’. change dramatically in the days to colleagues joining us in this effort. come. I ask unanimous consent that the (2) TABLE OF SECTIONS.—The table of sec- September 11, 2001, woke us up to new tions at the beginning of chapter 1011 of such text of the bill be printed in the title is amended— realities. Yes, the United States still RECORD. (A) by striking the item relating to section faced threats from overseas, and like There being no objection, the text of 10502 and inserting the following new item: the rest of us, the National Guard the bill was ordered to be printed in ‘‘10502. Chief of the National Guard Bureau: wanted to do its part. But as we began the RECORD, as follows: appointment; advisor on Na- to call on the Guard to deploy, those of S. 1025 tional Guard matters; grade.’’; us who pay special attention to the Be it enacted by the Senate and House of Rep- and Guard started to ask questions. Was resentatives of the United States of America in (B) by striking the item relating to section the Pentagon actually going to send Congress assembled, 10505 and inserting the following new item:

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REPORT ON COMPARATIVE ANALYSIS OF States Code, is amended by adding at the end shall jointly submit to the appropriate com- COSTS OF COMPARABLE UNITS OF the following new paragraph: mittees of Congress each year a report on ac- THE RESERVE COMPONENTS AND ‘‘(7) The Chief of the National Guard Bu- tivities under the Task Force for Emergency THE REGULAR COMPONENTS OF reau.’’. Readiness program during the preceding THE ARMED FORCES. (b) CONFORMING AMENDMENTS.—Section year. Each report shall include a description (a) REPORT REQUIRED.— 10502 of such title, as amended by section of the activities under the program during (1) IN GENERAL.—Not later than 180 days 2(b)(1) of this Act, is further amended— the preceding year and a current assessment after the date of the enactment of this Act, (1) by redesignating subsection (d) as sub- of the effectiveness of the program in meet- the Secretary of Defense shall submit to the section (e); and ing its purposes. congressional defense committees a report (2) by inserting after subsection (c) the fol- (f) APPROPRIATE COMMITTEES OF CONGRESS setting forth a comparative analysis of the lowing new subsection (d): DEFINED.—In this section, the term ‘‘appro- costs of units of the regular components of ‘‘(d) MEMBER OF JOINT CHIEFS OF STAFF.— priate committees of Congress’’ means— the Armed Forces with the costs of similar The Chief of the National Guard Bureau (1) the Committee on Armed Services and units of the reserve components of the shall perform the duties prescribed for him the Committee on Homeland Security and Armed Forces. The analysis shall include a or her as a member of the Joint Chiefs of Governmental Affairs of the Senate; and separate comparison of the costs of units in Staff under section 151 of this title.’’. (2) the Committee on Armed Services and the aggregate and of the costs of units solely SEC. 4. CONTINUATION AS A PERMANENT PRO- the Committee on Homeland Security of the when on active duty. GRAM AND ENHANCEMENT OF AC- House of Representatives. (2) SIMILAR UNITS.—For purposes of this TIVITIES OF TASK FORCE FOR SEC. 5. MEMORANDUM OF UNDERSTANDING BE- subsection, units of the regular components EMERGENCY READINESS PILOT PRO- TWEEN DEPARTMENT OF DEFENSE and reserve components shall be treated as GRAM OF THE FEDERAL EMER- AND DEPARTMENT OF HOMELAND GENCY MANAGEMENT AGENCY. similar if such units have the same general SECURITY ON UNITY OF EFFORT IN structure, personnel, or function, or are sub- (a) CONTINUATION.— RESPONSE OF MILITARY FORCES TO stantially composed of personnel having (1) CONTINUATION AS PERMANENT PRO- DOMESTIC EMERGENCIES. identical or similar military occupational GRAM.—The Administrator of the Federal (a) MEMORANDUM OF UNDERSTANDING RE- specialties (MOS). Emergency Management Agency shall con- QUIRED.— tinue the Task Force for Emergency Readi- (1) IN GENERAL.—Not later than 180 days (b) ASSESSMENT OF INCREASED RESERVE ness (TFER) pilot program of the Federal after the date of the enactment of this Act, COMPONENT PRESENCE IN TOTAL FORCE Emergency Management Agency as a perma- the Secretary of Defense and the Secretary STRUCTURE.—The Secretary shall include in nent program of the Agency. of Homeland Security shall enter into a the report required by subsection (a) an as- (2) LIMITATION ON TERMINATION.—The Ad- memorandum of understanding on coordina- sessment of the advisability of increasing ministrator may not terminate the Task tion between the Department of Defense and the number of units and members of the re- Force for Emergency Readiness program, as the Department of Homeland Security, and serve components of the Armed Forces with- so continued, until authorized or required to between the Departments and the States, in in the total force structure of the Armed terminate the program by law. the use of military forces in response to do- Forces. The assessment shall take into ac- (b) EXPANSION OF PROGRAM SCOPE.—As part mestic emergencies. count the comparative analysis conducted of the continuation of the Task Force for (2) PURPOSE.—The purpose of the memo- for purposes of subsection (a) and such other Emergency Readiness program pursuant to randum is to ensure, to the maximum extent matters as the Secretary considers appro- subsection (a), the Administrator shall carry practicable, a unity of effort within the Fed- priate for purposes of the assessment. out the program in at least five States in ad- eral Government, and between the Federal (c) COMPTROLLER GENERAL REPORT.—Not dition to the five States in which the pro- Government and the States, regarding the later than 180 days after the date of the sub- gram is carried out as of the date of the en- use of military forces in response to domes- mittal of the report required by subsection actment of this Act. tic emergencies. (a), the Comptroller General of the United (c) ADDITIONAL FEMA ACTIVITIES.—As part (b) CONSULTATION WITH THE STATES.—In en- States shall submit to the congressional de- of the continuation of the Task Force for tering into the memorandum of under- fense committees a report setting forth a re- Emergency Readiness program pursuant to standing required by subsection (a), the Sec- view of such report by the Comptroller Gen- subsection (a), the Administrator shall— retary of Defense and the Secretary of Home- eral. The report of the Comptroller General (1) establish guidelines and standards to be land Security shall jointly consult with the shall include an assessment of the compara- used by the States in strengthening the plan- Council of Governors established by Execu- tive analysis contained in the report re- ning and planning capacities of the States tive Order No. 13528 for purposes of coordi- quired by subsection (a) and of the assess- with respect to responses to catastrophic dis- nating plans under the memorandum of un- ment of the Secretary pursuant to sub- aster emergencies; and derstanding with the plans of the States for section (b). (2) develop a methodology for imple- the use of military forces of the States in re- (d) CONGRESSIONAL DEFENSE COMMITTEES menting the Task Force for Emergency sponse to domestic emergencies. DEFINED.—In this section, the term ‘‘con- Readiness that includes goals and standards (c) SUBMITTAL TO CONGRESS.—Upon entry gressional defense committees’’ has the for assessing the performance of the Task into the memorandum of understanding re- meaning given that term in section 101(a)(16) Force. quired by subsection (a), the Secretary of De- of title 10, United States Code. (d) NATIONAL GUARD BUREAU ACTIVITIES.— fense and the Secretary of Homeland Secu- SEC. 7. DISPLAY OF PROCUREMENT OF EQUIP- As part of the continuation of the Task rity shall jointly submit to the appropriate MENT FOR THE RESERVE COMPO- Force for Emergency Readiness program pur- committees of Congress a report on the NENTS OF THE ARMED FORCES suant to subsection (a), the Chief of the Na- memorandum of understanding. The report UNDER ESTIMATED EXPENDITURES tional Guard Bureau shall— shall include the following: FOR PROCUREMENT IN FUTURE- (1) assist the Administrator in the estab- (1) The memorandum of understanding. YEARS DEFENSE PROGRAMS. lishment of the guidelines and standards, im- (2) A comprehensive description of the Each future-years defense program sub- plementation methodology, and performance manner in which the mechanisms set forth mitted to Congress under section 221 of title goals and standards required by subsection in the memorandum of understanding will 10, United States Code, shall, in setting forth (c); ensure a unity of effort within the Federal estimated expenditures and item quantities (2) in coordination with the Adminis- Government, and between the Federal Gov- for procurement for the Armed Forces for trator— ernment and the State or States concerned, the fiscal years covered by such program, (A) identify, using catastrophic disaster re- regarding the use of military forces in re- display separately under such estimated ex- sponse plans for each State developed under sponse to domestic emergencies, including, penditures and item quantities the estimated the program, any gaps in State civilian and in particular, the manner in which such expenditures for each such fiscal year for military response capabilities that Federal mechanisms will ensure a unity of such ef- equipment for each reserve component of the military capabilities are unprepared to fill; fort between the Federal Government and Armed Forces that will receive items in any and the States in the use of such forces in such fiscal year covered by such program. (B) notify the Secretary of Defense, the response. SEC. 8. FISCAL YEAR 2012 FUNDING FOR THE NA- Commander of the United States Northern (3) Such other matters as the Secretaries TIONAL GUARD FOR CERTAIN DO- Command, and the Commander of the United jointly consider appropriate. MESTIC ACTIVITIES. States Pacific Command of any gaps in capa- (d) APPROPRIATE COMMITTEES OF CONGRESS (a) CONTINUITY OF OPERATIONS, CONTINUITY bilities identified under subparagraph (A); DEFINED.—In this section, the term ‘‘appro- OF GOVERNMENT, AND CONSEQUENCE MANAGE- and priated committees of Congress’’ means— MENT.—

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(1) AUTHORIZATION OF APPROPRIATIONS.— mander of the United States Pacific Com- SEC. 11. AVAILABILITY OF FUNDS UNDER STATE There is hereby authorized to be appro- mand shall each— PARTNERSHIP PROGRAM FOR ADDI- priated for fiscal year 2012 for the Depart- (1) in consultation with and acting through TIONAL NATIONAL GUARD CON- ment of Defense amounts as follows: the Chief of the National Guard Bureau and TACTS ON MATTERS WITHIN THE CORE COMPETENCIES OF THE NA- (A) For National Guard Personnel, Army, the Joint Force Headquarters of the Na- TIONAL GUARD. $11,000,000. tional Guard of the State or States con- (a) IN GENERAL.—The Secretary of Defense (B) For National Guard Personnel, Air cerned, assist the States in the employment shall, in consultation with the Secretary of Force, $3,500,000. of the National Guard under State control, State, modify the regulations prescribed pur- (C) For Operation and Maintenance, Army including National Guard operations con- suant to section 1210 of the National Defense National Guard, $11,000,000. ducted in State active duty or under title 32, Authorization Act for Fiscal Year 2010 (Pub- (2) AVAILABILITY.—The amounts authorized United States Code; and lic Law 111–84; 123 Stat. 2517; 32 U.S.C. 107 to be appropriated by paragraph (1) shall be (2) facilitate the deployment of the Armed note) to provide for the use of funds avail- available to the Army National Guard and Forces on active duty under title 10, United able pursuant to such regulations for con- the Air National Guard, as applicable, for States Code, as necessary to augment and tacts between members of the National costs of personnel in training and operations support the National Guard in its support of Guard and civilian personnel of foreign gov- with respect to continuity of operations, civil authorities when National Guard oper- ernments outside the ministry of defense on continuity of government, and consequence ations are conducted under State control, matters within the core competencies of the management in connection with response to whether in State active duty or under title National Guard such as the following: terrorist and other attacks on the United 32, United States Code. (1) Disaster response and mitigation. States homeland and natural and man-made (c) MEMORANDUM OF UNDERSTANDING.— (2) Defense support to civilian authorities. catastrophes in the United States. (1) MEMORANDUM REQUIRED.—Not later (3) Consequence management and installa- (b) DOMESTIC OPERATIONS.— than 180 days after the date of the enactment tion protection. (1) AUTHORIZATION OF APPROPRIATIONS.— of this Act, the Commander of the United (4) Chemical, biological, radiological, or There is hereby authorized to be appro- States Northern Command, the Commander nuclear event (CBRNE) response. priated for fiscal year 2012 for the Depart- of the United States Pacific Command, and (5) Border and port security and coopera- ment of Defense, $300,000,000 for Operation the Chief of the National Guard Bureau tion with civilian law enforcement. and Maintenance, Defense-wide. shall, with the approval of the Secretary of (6) Search and rescue. (2) AVAILABILITY.—The amount authorized Defense, jointly enter into a memorandum of (7) Medical matters. to be appropriated by paragraph (1) shall be understanding setting forth the operational (8) Counterdrug and counternarcotics ac- available for the Army National Guard and relationships, and individual roles and re- tivities. the Air National Guard for emergency pre- sponsibilities, during responses to domestic (9) Public affairs. paredness and response activities of the Na- emergencies among the United States North- (10) Employer and family support of re- tional Guard while in State status under ern Command, the United States Pacific serve forces. title 32, United States Code. Command, and the National Guard Bureau. (11) Such other matters within the core (3) TRANSFER.—Amounts under the amount (2) MODIFICATION.—The Commander of the competencies of the National Guard and authorized to be appropriated by paragraph United States Northern Command, the Com- suitable for contacts under the State Part- (1) shall be available for transfer to accounts mander of the United States Pacific Com- nership Program as the Secretary of Defense for National Guard Personnel, Army, and mand, and the Chief of the National Guard shall specify. National Guard Personnel, Air Force, for Bureau may from time to time modify the (b) FUNDING FOR FISCAL YEAR 2012.—There purposes of the pay and allowances of mem- memorandum of understanding under this is hereby authorized to be appropriated for bers of the National Guard in conducting ac- subsection to address changes in cir- fiscal year 2012 for the Department of De- tivities described in paragraph (2). cumstances and for such other purposes as fense for the National Guard, $50,000,000 to be (c) JOINT OPERATIONS COORDINATION CEN- the Commander of the United States North- available for contacts under the State Part- TERS.— ern Command, the Commander of the United nership Program authorized pursuant to the (1) AUTHORIZATION OF APPROPRIATIONS.— States Pacific Command, and the Chief of modification of regulations required by sub- There is hereby authorized to be appro- the National Guard Bureau jointly consider section (a). priated for fiscal year 2012 for the Depart- appropriate. Each such modification shall be ment of Defense amounts as follows: subject to the approval of the Secretary of By Mr. ENZI (for himself, Mr. (A) For National Guard Personnel, Army, Defense. JOHNSON of South Dakota, Mr. $28,000,000. (B) For National Guard Personnel, Air (d) AUTHORITY TO MODIFY ASSIGNMENT OF GRASSLEY, and Mr. TESTER). Force, $7,000,000. COMMAND RESPONSIBILITY.—Nothing in this S. 1026. A bill to amend the Packers section shall be construed as altering or lim- (2) AVAILABILITY.—The amounts authorized and Stockyard Act, 1921, to prohibit to be appropriated by paragraph (1) shall be iting the power of the President or the Sec- the use of certain anti-competitive for- available to the Army National Guard and retary of Defense to modify the Unified Com- ward contracts; to the Committee on the Air National Guard, as applicable, for mand Plan in order to assign all or part of the responsibility described in subsection (a) Agriculture, Nutrition, and Forestry. costs of personnel in continuously staffing a Mr. ENZI. Mr. President, I wish to Joint Operations Coordination Center to a combatant command other than the United States Northern Command or the speak on the introduction of the Live- (JOCC) in the Joint Forces Headquarters of stock Marketing Fairness Act. I want the National Guard in each State and Terri- United States Pacific Command. tory for command and control and activation (e) REGULATIONS.—The Secretary of De- to also acknowledge that I am joined in of forces in response to terrorist and other fense shall prescribe regulations for purposes introducing this legislation by Sen- attacks on the United States homeland and of aiding the expeditious implementation of ators TIM JOHNSON, Grassley, and Test- natural and man-made catastrophes in the the authorities and responsibilities in this er. Without their support this bill United States. section. would not be possible. We have always (d) SUPPLEMENT NOT SUPPLANT.—The SEC. 10. REQUIREMENTS RELATING TO NA- enjoyed bipartisan support on this amounts authorized to be appropriated by TIONAL GUARD OFFICERS IN CER- issue and I want to thank them for subsections (a), (b), and (c) for the purposes TAIN COMMAND POSITIONS. their work in making sure that our set forth in such subsections are in addition (a) COMMANDER OF ARMY NORTH COM- to any other amounts authorized to be ap- livestock markets remain competitive. MAND.—The officer serving in the position of Our Nation’s ranchers and family propriated for fiscal year 2012 for the Depart- Commander, Army North Command, shall be ment of Defense for such purposes. an officer in the Army National Guard of the farmers aren’t looking for handouts SEC. 9. ENHANCEMENT OF AUTHORITIES RELAT- United States. when they take their animals to the ING TO THE UNITED STATES NORTH- (b) COMMANDER OF AIR FORCE NORTH COM- auction barn, they simply expect that ERN COMMAND AND OTHER COM- they will receive the price they deserve BATANT COMMANDS. MAND.—The officer serving in the position of (a) COMMANDS RESPONSIBLE FOR SUPPORT Commander, Air Force North Command, for the quality they produce. However, TO CIVIL AUTHORITIES IN THE UNITED shall be an officer in the Air National Guard there is evidence that there are bad ac- STATES.—The United States Northern Com- of the United States. tors out there who stack the deck when mand and the United States Pacific Com- (c) SENSE OF CONGRESS.—It is the sense of it comes to the prices they use in live- mand shall be the combatant commands of Congress that, in assigning officers to the stock contracts. The Packers & Stock- the Armed Forces that are principally re- command positions specified in subsections yards Act was enacted at a time when sponsible for the support of civil authorities (a) and (b), the President should afford a there was significant concentration in in the United States by the Armed Forces. preference in assigning officers in the Army (b) DISCHARGE OF RESPONSIBILITY.—In dis- National Guard of the United States or Air the livestock and poultry industry. charging the responsibility set forth in sub- National Guard of the United States, as ap- That law since that time has provided section (a), the Commander of the United plicable, who have served as the adjutant protection and remedy from manipula- States Northern Command and the Com- general of a State. tive market practices but the growth

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3176 CONGRESSIONAL RECORD — SENATE May 19, 2011 of our markets in recent decades has so many years. However, this problem let. They also have ready access to the opened up opportunities for new abuses is not isolated to Wyoming. Livestock number of minutes remaining on their that the original law never could have producers from coast to coast are find- cell phone. However, consumers lack expected. ing that with consolidation there are clear, timely data about their elec- These opportunities for manipulation fewer and fewer buyers for their ani- tricity use and its price. Providing in- have developed as our markets have be- mals and their options for marketing creased transparency will help con- come increasingly more consolidated. too are being lost. This legislation not sumers with their decisions about elec- The top four firms control over 69 per- only increases openness in forward con- tricity usage in their homes or busi- cent of the domestic cattle slaughter tracting but preserves the right for nesses. and this statistic doesn’t even include ranchers to choose the best methods The Electric Consumer Right to the acquisitions that have taken place for selling their animals without worry Know Act, or E–Know Act, would pro- in the industry in recent years. Gone that their agreements will be subject vide this transparency by establishing are the days when a simple handshake to manipulation. The bill does not consumers’ clear right to access data between buyer and seller was all you apply to producer cooperatives who on their own electricity usage. This needed. often own their processing facility. The right is an important step toward a The Livestock Marketing Fairness legislation also carefully targets the more effective, reliable and efficient Act strikes at the heart of one par- problem, large packers owning captive electric grid, and a step toward helping ticular anti-competitive practice. Over supplies, by also exempting packers consumers use electricity more effi- the years, livestock producers, feeders, that only own one facility and those ciently and save money on their elec- and packers have been given a number that do not report for mandatory price tric bills. of new marketing tools for price dis- reporting. The Livestock Marketing For the past two years, I have been covery and hedging risk. One of those Fairness Act does not apply to agree- traveling across Colorado as part of a tools is the forward contract where a ments based on quality grading nor work force tour to talk directly to buyer and seller agree to a transaction does it affect a producer’s ability to ne- Coloradans and hear their innovative at a specified point of time in the fu- gotiate contracts one-on-one with buy- policy ideas to create jobs. I also ture. However, certain types of forward ers. Therefore, sellers can still choose hosted an Energy Jobs Summit in Den- contracting agreements have become from a variety of methods including ver in February 2010. As part of this ripe for price manipulation. This is be- the spot market, futures market, or summit, we asked experts in energy cause a growing number of packing op- other alternative marketing arrange- policy and business to join us for a con- erations own their own livestock or ments. versation about how we can better po- control them through marketing agree- This bill is common sense and en- sition Colorado and the United States ments. These firms then can buy from sures that our ranchers have access to to lead in the 21st century clean energy themselves when prices are high and a competitive market in these difficult economy and win the global economic buy from others when prices are low. economic times. All our livestock pro- race. Captive supplies are animals that ducers are asking for is a level playing We heard from U.S. Energy Secretary packers own and control prior to field and this bill helps them do what Steven Chu, then-Governor Bill Ritter, slaughter. The Livestock Marketing they do best, continue producing the Senator MICHAEL BENNET, and Con- Fairness Act prohibits certain arrange- finest meat in the world. gressman ED PERLMUTTER. But, more ments that provide packers with the By Mr. UDALL of Colorado (for him- importantly, we heard from Coloradans opportunity use their captive supplies self and Mr. BROWN of Massachusetts): who came to share their views on what to manipulate local market prices. S. 1029. A bill to amend the Public the federal government can do, or in First, the legislation requires that for- Utility Regulatory Policies Act of 1978 some instances not do, to support job ward contracts contain a ‘‘firm base to provide electric consumers the right creation and transition to cleaner and price’’ which is derived from an exter- to access certain electric energy infor- more efficient energy use. nal source. Though not outlined in the mation, and for other purposes; to the One consumer participant at the legislation, commonly used external Committee on Energy and Natural Re- summit noted that even though he had sources of price include the live cattle sources. a smart meter at his home, his power futures market or wholesale beef mar- Mr. UDALL of Colorado. Mr. Presi- company would not let him access his ket. This ensures that both buyers and dent, I rise today to discuss an impor- electrical meter readings to learn how sellers have a basis for how pricing in tant issue, energy consumption. Do he was using electricity. If he could ac- a contract will be derived at the time each of us know how much energy we cess those readings, he could better un- the contract is agreed upon. Second, actually consume? How much does our derstand his energy use, learn how to the bill requires that forward contracts energy use affect our pocketbooks? be more energy efficient and save be traded in open, public markets. This Consumers should be able to answer money. That is why I am reintroducing guarantees that multiple buyers and these questions. That is why I am in- E–Know Act today, to improve commu- sellers can witness bids as well as offer troducing the Electric Consumer Right nication between the consumers and their own. Some livestock markets al- to Know Act today. their utility and spur innovation in de- ready do this to ensure transparency This legislation takes a common- veloping creative technologies that but there are others who allow trans- sense step toward broadening con- will save energy. actions to happen behind closed doors. sumers’ access to data about their elec- The bill directs the Federal Regu- The Livestock Marketing Fairness tricity usage. I first began working on latory Energy Commission to convene Act also ensures that trading of con- this issue while serving in the Colorado an open, extensive and inclusive stake- tracts be done in a manner that pro- General Assembly back in 1997, when I holder process to work through the de- vides both small and large buyers and introduced a bill that would have given tails of this measure to ensure that im- sellers access to the market. Contracts consumers information about the price, plementing the consumers’ right to ac- are to be traded in sizes approximate to water consumption, pollutants, and cess their information also retains con- the common number of cattle or pigs emissions used to generate the elec- sumer privacy, and ensures the integ- transported in a trailer, but the law tricity they were sold. However, I am rity and reliability of the grid. does not prohibit trading from occur- proud to say that this refined trans- The outcome of this process will cre- ring in multiples of those contracts for parency bill—which gives consumers ate national guidelines establishing larger livestock orders. access to their energy use and price— the right of consumers to access their I travel to Wyoming nearly every was developed directly from the input electricity data, including minimum weekend and have heard the same con- of Coloradans who participated in my national standards that utilities must cerns from many of our ranchers. They energy jobs summit in Denver in Feb- meet to ensure that right of access. In want to be competitive in the market ruary 2010. developing those minimum standards, and sell the best animals possible so In today’s marketplace, consumers the FERC will take into consideration that they can continue the work that have a clear understanding of what the ongoing and important work at the so many in their family have done for their car mileage means for their wal- National Institute of Standards and

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3177 Technology in developing a smart grid (3) the right of access to electric energy ‘‘(B) a manner that is timely and conven- roadmap, as well as the innovative usage information should be based on the ient and provides adequate protections for state and local programs already being need to have access to the information rath- the security of the information and the pri- developed across the country to inte- er than on a specific type of smart metering vacy of the electric consumer. technology and, as a result, all usage infor- ‘‘(2) SMART METERS.—In the case of an elec- grate smart meters into the electrical mation platforms can compete and innova- tric consumer that is served by a smart grid, including Colorado, California, tion will be fostered; meter that can also communicate energy Texas, Pennsylvania, and others. (4) utilities should provide electric energy usage information to a device or network of In my home state of Colorado, Xcel usage information based on the best capa- an electric consumer or a device or network Energy has been working with the city bilities of the metering technology currently of a third party authorized by the consumer, of Boulder on a pilot program called deployed in the respective service areas or, the consumer shall, at a minimum, have the SmartGridCity to develop a commu- on upgrade, based on standards recognized by right to access (and to authorize 1 or more third parties to access) usage information in nity-scale smart grid with over 20,000 the National Institute of Standards and Technology; read-only format directly from the smart residents participating. In Fort Collins, (5) consumers should have the ability to meter. Colorado, the business community and access unaudited usage information directly ‘‘(3) PROVIDER OF INFORMATION.—The infor- utilities have teamed up to form the from the electric meters of the consumers or mation required under this subsection shall FortZED project with the goal of turn- from sources independent of the electric me- be provided by the electric utility of the con- ing the downtown into a net zero en- ters, and from sources independent of the sumer or such other entity as may be des- ergy district using smart technology. I utilities of the consumers; ignated by the applicable electric retail reg- (6) consumers should retain the right to ulatory authority. am proud to see Coloradans and others ‘‘(c) INFORMATION.—The right to access re- around the country taking important the privacy and security of electric energy usage information of the consumers created tail electric energy information under sub- steps together in learning how to make through usage; section (b) includes, at a minimum— the grid more reliable, efficient, and (7) consumers should have the right to con- ‘‘(1)(A) in the case of an electric consumer help save everyone money. trol the electric energy usage information of that is served by a smart meter, the right to access retail electric energy information— Finally, part of ensuring the right to the consumers and the right to privacy for ‘‘(i) in machine readable form, not more access your data includes the right to the information when third party than 48 hours after consumption has oc- aggregators of data are involved in creation, retain the privacy of your data. When curred; or management, or collection of the informa- consumers gain access to their data, ‘‘(ii) in accordance with the guidelines tion; and they will also need to clearly under- issued under subsection (h); or (8) consumers should have the right to stand how it will be used, especially ‘‘(B) in the case of an electric consumer know how the authorized third-party data that is not served by a smart meter, the when consumers grant third-party ac- manager of the consumers will manage the right to access retail electric energy infor- cess to it. This is why this bill states retail electric energy information of the con- that the FERC will establish, among mation in machine readable form as expedi- sumers once the manager has accessed the tiously after the time of receipt in a data other important measures, guidelines information. center (including information provided by for consumer consent requirements. SEC. 3. ELECTRIC CONSUMER RIGHT TO ACCESS third party services) as is reasonably prac- Retaining privacy is critical to build- ELECTRIC ENERGY INFORMATION. ticable and as prescribed by the applicable ing consumer trust in the smart grid (a) IN GENERAL.—Title II of the Public electric retail regulatory authority; and and facilitating the transition of the Utility Regulatory Policies Act of 1978 (16 ‘‘(2) except as otherwise provided in sub- smart grid to an integral part of every- U.S.C. 824 et seq.) is amended by adding at section (d)— the end the following: day life for every American family. ‘‘(A) in the case of an electric consumer I look forward to working with my ‘‘SEC. 215. ELECTRIC CONSUMER RIGHT TO AC- that is served by a smart meter, data at a CESS ELECTRIC ENERGY INFORMA- granularity that is— colleagues from both parties and all in- TION. ‘‘(i) not less granular than the intervals at terested stakeholders in establishing ‘‘(a) DEFINITIONS.—In this section: which the data is recorded and stored by the this right, defining it in a way that ‘‘(1) RETAIL ELECTRIC ENERGY INFORMA- billing meter in use at the premise of the eliminates unintended consequences, TION.—The term ‘retail electric energy infor- electric consumer; or and enforcing this right in a way that mation’ means— ‘‘(ii) in accordance with the guidelines promotes the efficient use of electrical ‘‘(A) the electric energy consumption of an issued under subsection (h); and energy. electric consumer over a defined time period; ‘‘(B) in the case of an electric consumer ‘‘(B) the retail electric energy prices or This bill is an important first step in that is not served by a smart meter, data at rates applied to the electricity usage for the granularity equal to the data used for billing implementing smart meters across the defined time period described in subpara- the electric consumer, or more precise gran- country, moving us toward an elec- graph (A) for the electric consumer; ularity, as prescribed by the applicable elec- trical grid that is more reliable and ‘‘(C) the cost of usage by the consumer, in- tric retail regulatory authority. more efficient, a ‘‘smart grid,’’ if you cluding (if smart meter usage information is ‘‘(d) ELECTRIC ENERGY INFORMATION RETEN- will. There are several pieces of the available) the estimated cost of usage since TION.—An electric consumer shall have the puzzle that will be required to realize the last billing cycle of the consumer; and right to access the retail electric energy in- that future, and one critical part of ‘‘(D) in the case of nonresidential electric formation of the consumer, through the meters, any other electrical information website of the electric utility or other elec- that puzzle is the right of consumers to that the meter is programmed to record tronic access authorized by the electric con- access their electricity data. I urge my (such as demand measured in kilowatts, volt- sumer, for a period of at least 13 months colleagues of both parties to join me in age, frequency, current, and power factor). after the date on which the usage occurred, supporting this important legislation. ‘‘(2) SMART METER.—Except as provided in unless a different period is prescribed by the There being no objection, the text of subsection (e), the term ‘smart meter’ means applicable electric retail regulatory author- the bill was ordered to be printed in the device used by an electric utility that— ity. ‘‘(e) DATA SECURITY.—Access described in the RECORD, as follows: ‘‘(A)(i) measures electric energy consump- tion by an electric consumer at the home or subsection (d) shall not interfere with or S. 1029 facility of the electric consumer in intervals compromise the integrity, security, or pri- Be it enacted by the Senate and House of Rep- of 1 hour or less; and vacy of the operations of a utility and the electric consumer, in accordance with the resentatives of the United States of America in ‘‘(ii) is capable of sending electric energy guidelines issued by the Commission under Congress assembled, usage information through a communica- subsection (h). SECTION 1. SHORT TITLE. tions network to the electric utility; or ‘‘(f) COST RECOVERY.—An electric utility This Act may be cited as the ‘‘Electric ‘‘(B) meets the guidelines issued under sub- providing retail electric energy information Consumer Right to Know Act’’ or the ‘‘e- section (h). in accordance with otherwise applicable reg- KNOW Act’’. ‘‘(b) CONSUMER RIGHTS.— ulation of rates for the retail sale and deliv- SEC. 2. FINDINGS. ‘‘(1) IN GENERAL.—Each electric consumer ery of electricity may recover in rates the Congress finds that— in the United States shall have the right to cost of providing the information, if the cost (1) improving consumers’ understanding of access (and to authorize 1 or more third par- is determined reasonable and prudent by the and access to the electric energy usage infor- ties to access) retail electric energy informa- applicable electric retail regulatory author- mation of the consumers will help consumers tion of the electric consumer in— ity. more effectively manage usage; ‘‘(A) an electronic form, free of charge, in ‘‘(g) ADDITIONAL AVAILABLE INFORMATION.— (2) consumers have a right of access to the conformity with nationally recognized open The right to access electric energy informa- electric energy usage information of the con- standards developed by a nationally recog- tion shall extend to usage information gen- sumers; nized standards organization; and erated by devices in or on the property of the

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3178 CONGRESSIONAL RECORD — SENATE May 19, 2011 consumer that is transmitted to the electric ‘‘Sec. 215. Electric consumer right to access habitat for endangered fish. I look for- utility. electric energy information.’’. ward to working with my colleagues to ‘‘(h) GUIDELINES FOR ELECTRIC CONSUMER complete action on this legislation ACCESS.— By Mr. WYDEN: ‘‘(1) IN GENERAL.—Not later than 180 days after it had advanced so far in the last S. 1033. A bill to amend the Reclama- Congress. after the date of enactment of this section, tion Wastewater and Groundwater the Commission shall (after consultation with State and local regulatory authorities, Study and Facilities Act to authorize By Mr. CARDIN (for himself and including the National Association of Regu- the Secretary of the Interior to partici- Mr. VITTER): latory Utility Commissioners, the Secretary pate in the City of Hermiston, Oregon, S. 1036. A bill to amend title 40, of Energy, other appropriate Federal agen- water recycling and reuse project, and United States Code, to ensure that job cies, including the National Institute of for other purposes; to the Committee opportunities for people who are blind Standards and Technology, consumer advo- on Energy and Natural Resources. and people with significant disabilities cacy groups, utilities, and other appropriate Mr. WYDEN. Mr. President, today I are met by requiring the application of entities, and after notice and opportunity for the Javits-Wagner-O’Day Act to cer- comment) issue guidelines that establish am reintroducing legislation to author- minimum national standards for implemen- ize the Bureau of Reclamation to share tain lease agreements entered into by tation of the electric consumer right to ac- in the cost of the construction of a new the Federal Government for private cess retail electric energy information under wastewater treatment plant for buildings or improvements; to the subsection (b). Hermiston, Oregon. The bill is iden- Committee on Environment and Public ‘‘(2) STATE AND LOCAL REGULATORY AC- tical to legislation which passed the Works. TION.—In issuing the guidelines, the Commis- House of Representatives in the pre- Mr. CARDIN. Mr. President, today sion shall, to the maximum extent prac- vious Congress, by voice vote, and Senator VITTER and I are introducing ticable, be guided by actions taken by State legislation to ensure and protect the and local regulatory authorities to ensure which was reported by the Senate En- electric consumer access to retail electric ergy and Natural Resources Committee jobs of thousands of individuals who energy information, including actions taken without opposition last year. are blind or have significant disabil- after consideration of the standard under The reason for involving the Bureau ities and provide important services to section 111(d)(17). in this project is quite simple. Once the U.S. Government and taxpayers ‘‘(3) CONTENT.—The guidelines shall pro- constructed, the plant will provide the alike. vide guidance on issues necessary to carry Bureau-authorized West Extension Irri- In 1938, during the Franklin Delano out this section, including— gation District with enough additional Roosevelt Administration, Congress ‘‘(A) the timeliness and granularity of re- passed the Wagner-O’Day Act to help tail electric energy information; high-quality water per year to irrigate approximately 600 acres of high value provide employment opportunities for ‘‘(B) appropriate nationally recognized people who are blind. At the time, most open standards for data; crops. This will have a significant, ‘‘(C) a definition of the term ‘smart me- long-term benefit to the farming indus- of the work the Wagner-O’Day Act cre- ters’; and try in the Hermiston area. ated was in manufacturing mops and ‘‘(D) protection of data security and elec- The Hermiston project has gotten the brooms that would be sold for use in tric consumer privacy, including consumer sign off at every level from the local ir- Federal Government buildings and fa- consent requirements. rigation district to Federal agencies. cilities. ‘‘(4) REVISIONS.—The Commission shall pe- In 1971, under the leadership of New The City and the Bureau have com- riodically review and, as necessary, revise York Republican Senator Jacob Javits, pleted the required feasibility report the guidelines to reflect changes in tech- Congress amended the act to include and the Bureau of Reclamation has for- nology and the market for electric energy people with significant disabilities and and services. mally concluded that the project meets ‘‘(i) ENFORCEMENT.— expand the program to also include the requirements of the Title XVI cost- services provided to the Federal Gov- ‘‘(1) ENFORCEMENT BY STATE ATTORNEYS sharing program. The regional office of GENERAL.—If the attorney general of a State, ernment. or another official or agency of a State with the National Marine Fisheries Service The Javits-Wagner-O’Day Program competent authority under State law, has at NOAA has completed a biological eventually changed its name to reason to believe that any electric utility opinion approving the project. The City ‘‘AbilityOne.’’ Today, this expanded that delivers electric energy at retail in the and the West Extension Irrigation Dis- work program for people who are blind applicable State is not complying with the trict have signed a memorandum of un- or have significant disabilities provides minimum standards established by the derstanding to work together to de- Federal customers, including the U.S. guidelines under subsection (h), the attorney velop the project. The Bureau has con- Senate, with a wide array of products, general, official, or agency of the State, as cluded its environmental review of the parens patriae, may bring a civil action like wall mounted clocks, paint, mili- against the electric utility, on behalf of the authorization to transfer the water to tary uniforms, hardware and cleaning electric consumers receiving retail service the District and issued a finding of no supplies. AbilityOne also helps put peo- from the electric utility, in a district court significant impact or FONSI. ple to work in service positions, like of the United States of appropriate jurisdic- Although the Bureau will be sharing call center operations, grounds-keep- tion, to compel compliance with the stand- in the cost of the project, I want my ing, food service, administration and ards. colleagues to know that the City, not processing positions, and vehicle fleet ‘‘(2) SAFE HARBOR.— the Bureau, will be responsible for the maintenance. ‘‘(A) IN GENERAL.—No civil action may be bulk of the expense. CBO has estimated People who are blind or have signifi- brought against an electric utility under paragraph (1) if the Commission has, during that the Federal share of the $26 mil- cant disabilities struggle particularly the 2-year period ending on the date of the lion project would be $7 million or just hard to find work. While the current determination, determined that the electric over one-quarter of the cost. job climate is challenging for all Amer- utility adopted policies, requirements, and The Confederated Tribes of the icans, the employment rate for individ- measures, as necessary, that comply with Umatilla Indian Reservation have also uals in this group hovers around 30 per- the standards established by the guidelines recognized the benefits of the project cent. Oftentimes these individuals under subsection (h). and support it. These benefits include a must rely on taxpayer funded govern- ‘‘(B) PROCEDURES.—The Commission shall significant improvement in the quality ment entitlement programs like Med- establish procedures to review the policies, requirements, and measures of electric utili- of water discharged to the Umatilla icaid, SNAPS—food stamps—supple- ties to assess, and issue determinations with River in winter and protection of sen- mental security income, and subsidized regard to, compliance with the standards. sitive fish habitat during summer. housing. AbilityOne helps these Ameri- ‘‘(3) EFFECTIVE DATE.—This subsection These benefits have led the tribe to en- cans find jobs and alleviates the ex- takes effect on the date that is 2 years after dorse construction of the Hermiston penditures of these entitlement pro- the date the guidelines under subsection (h) Water Recycling System Improvement grams. are issued.’’. Project and the City’s effort to obtain Recent independent studies of the (b) CONFORMING AMENDMENT.—The table of contents for the Public Utility Regulatory federal funding. AbilityOne Program found that in just Policies Act of 1978 is amended by adding at This project will increase agricul- the four business lines analyzed, the the end of the items relating to title II the tural production while improving the AbilityOne Program saved the Govern- following: local economy, the environment and ment $34 million in both reduction of

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3179 entitlements and increases in income ment at rates that make for very sound of the Intelligence Reform and Terrorism and payroll taxes. spending of taxpayer dollars. Prevention Act of 2004 (Public Law 108–458; 50 AbilityOne provides nearly 48,000 peo- Finding job opportunities has always U.S.C. 1801 note) is amended by striking ple who are blind or who have signifi- been a challenge for individuals who ‘‘May 27, 2011’’ and inserting ‘‘June 1, 2015’’. cant disabilities with quality job op- are blind or have significant disabil- By Mr. CARDIN (for himself, Mr. portunities, to earn a living which pro- ities. We must maintain the Federal MCCAIN, Ms. AYOTTE, Mr. vides a pathway towards increased Government’s commitment to these BEGICH, Mr. BLUMENTHAL, Mr. independence. hard working Americans. DURBIN, Mr. JOHANNS, Mr. KIRK, There are nearly 600 nonprofit orga- I urge my colleagues to join Senator Mr. KYL, Mr. LIEBERMAN, Mr. nizations across the country working VITTER and me in cosponsoring the RUBIO, Mrs. SHAHEEN, Mr. to find job opportunities for people who AbilityOne Improvements Act. WHITEHOUSE, and Mr. WICKER): are blind or have significant disabil- Mr. President, I ask unanimous con- S. 1039. A bill to impose sanctions on ities, through the AbilityOne program. sent that the text of the bill be printed persons responsible for the detention, With Maryland’s proximity to the seat in the RECORD. abuse, or death of Sergei Magnitsky, of the Federal Government, AbilityOne There being no objection, the text of for the conspiracy to defraud the Rus- creates considerable job opportunities the bill was ordered to be printed in sian Federation of taxes on corporate in the service sector for Marylanders the RECORD, as follows: profits through fraudulent transactions with disabilities. S. 1036 and lawsuits against Hermitage, and However, there is a growing trend Be it enacted by the Senate and House of for other gross violations of human among Federal facilities that is Representatives of the United States of America rights in the Russian Federation, and undoing the progress that the in Congress assembled, for other purposes; to the Committee AbilityOne Program has made and in SECTION 1. SHORT TITLE. on Foreign Relations. turn is contributing to the growth of This Act may be cited as the ‘‘AbilityOne Mr. CARDIN. Mr. President, I rise unemployment for Americans with dis- Improvements Act’’. today to introduce the Sergei abilities. The bill Senator VITTER and I SEC. 2. APPLICABILITY OF JAVITS-WAGNER- Magnitsky Rule of Law Accountability are introducing today aims to address O’DAY ACT. Section 585(a) of title 40, United States Act of 2011. this problem. While this bill bears Sergei More and more Federal facilities are Code, is amended by adding at the end the following: Magnitsky’s name in honor of his sac- moving out of federally owned and op- ‘‘(3) APPLICABILITY OF JAVITS-WAGNER- rifice, the language addresses the over- erated properties and into leased space O’DAY ACT.—A lease agreement for space all issue of the erosion of the rule of in privately owned buildings and facili- under this section for the accommodation of law and human rights in Russia. It of- ties. The General Services Administra- a federal agency as described in paragraph (1) fers hope to those who suffer in silence, tion estimates that the Federal Gov- that is issued or renewed after the date of whose cases may be less known or not ernment leases more than 7,300 build- enactment of this paragraph shall require known at all. the federal agency, lessor, or property man- ings in more than 2,000 communities While there are many aspects of across the country. When GSA has ager to comply with provisions of the Javits- Wagner-O’Day Act (41 U.S.C. 46 et seq.) that Sergei’s and other tragic cases which sought lease space in Maryland I have are applicable to federal buildings if— are difficult to pursue here in the generally supported these moves. ‘‘(A) the lease is for 60 percent or more of United States, there are steps we can Federally leased properties create the useable space on the property or im- take and an obvious and easy one is to terrific economic opportunities for the provement in which 1 or more federal agen- deny the privilege of visiting our coun- business districts they come to. Feder- cies are to be accommodated, as determined try to individuals involved in gross vio- ally leased properties bring revenues by the Administrator; or lations of human rights. Visas are ‘‘(B) the federal agency to be accommo- for State and local governments, in- privileges not rights and we must be crease the tax base of the regions they dated under the lease is, as of the date of the lease, required to contract pursuant to that willing to see beyond the veil of sov- come to and often provide the back- Act for services being transitioned to the ereignty that kleptocrats often hide bone for small business growth and leased space.’’. behind. They do this by using courts, consulting services around the feder- prosecutors, and police as instruments ally leased facilities. By Mr. REID (for himself and Mr. of advanced corporate raiding and hope The economic opportunities a Fed- MCCONNELL): outsiders are given pause by their offi- eral lease on private real estate pro- S. 1038. A bill to extend the expiring cial trappings of office and lack of vides for a community are great for ev- provisions of the USA PATRIOT Im- criminal records. Further, we must eryone except for service workers with provement and Reauthorization Act of protect our strategic financial infra- disabilities who are no longer helped by 2005 and the Intelligence Reform and structure from those who would use it AbilityOne because federally leased Terrorism Prevention Act of 2004 until to launder or shelter ill-gotten gains. space falls outside the scope of the Jav- June 1, 2015, and for other purposes; Despite occasional rhetoric from the its-Wagner-O’Day Act. read twice. Kremlin, the Russian leadership has As the law is written, Javits-Wagner- Mr. REID. Mr. President, I ask unan- failed to follow through with any O’Day only applies to federally owned imous consent that the text of the bill meaningful action to stem rampant and operated facilities. be printed in the RECORD. corruption or bring the perpetrators of Our bill makes a simple and practical There being no objection, the text of numerous and high-profile human fix to the Javits-Wagner-O’Day Act to the bill was ordered to be printed in rights abuses to justice. apply the AbilityOne Program services the RECORD, as follows: My legislation simply says if you to federally leased space. My bill states S. 1038 commit gross violations of human that when the Federal Government oc- Be it enacted by the Senate and House of rights don’t expect to visit Disneyland, cupies 60 percent or more of the usable Representatives of the United States of America Aspen, or South Beach and expect your space within a private building or facil- in Congress assembled, accounts to be frozen if you bank with ity that the Federal Government, the SECTION 1. SHORT TITLE. us. This may not seem like much, but lessor, or property manager must com- This Act may be cited as the ‘‘PATRIOT in Russia the richer and more powerful ply with the service contract procure- Sunsets Extension Act of 2011’’. you get the more danger you are ex- ment requirements of the Javits-Wag- SEC. 2. SUNSET EXTENSIONS. posed to from others harboring designs ner-O’Day Act. (a) USA PATRIOT IMPROVEMENT AND RE- on your fortune and future. The Javits-Wagner-O’Day Act, and AUTHORIZATION ACT OF 2005.—Section 102(b)(1) Thus many are standing near the the thousands of men and women who of the USA PATRIOT Improvement and Re- doors and we can certainly close at have found employment opportunities authorization Act of 2005 (Public Law 109–177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 least one of those doors. I know that through the AbilityOne Program, have U.S.C. 1862 note) is amended by striking others, especially in Europe and Can- a proven track record of success in ‘‘May 27, 2011’’ and inserting ‘‘June 1, 2015’’. ada are working on similar sanctions. terms of providing exceptional services (b) INTELLIGENCE REFORM AND TERRORISM I first learned about Sergei and products for the Federal Govern- PREVENTION ACT OF 2004.—Section 6001(b)(1) Magnitsky while he was still alive

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3180 CONGRESSIONAL RECORD — SENATE May 19, 2011 when his client William Browder, CEO whose greed or cowardice has blinded the White House in 1999. On this ever- of Hermitage Capital, testified at a them to their duties, an inspiration to present danger and demoralizer he cau- hearing on Russia that I held as Chair- still greater integrity for those labor- tions us, ‘‘Indifference elicits no re- man of the Commission on Security ing quietly in the mundane yet nec- sponse. Indifference is not a response. and Cooperation in Europe in June essary tasks of life, and a comfort to Indifference is not a beginning, it is an 2009. those wrongly accused. end. And, therefore, indifference is al- At the Helsinki Commission we hear The Wall Street Journal described ways the friend of the enemy, for it so many heartbreaking stories of the Sergei Magnitsky’s death as a ‘‘slow- benefits the aggressor—never his vic- human cost of trampling fundamental motion assassination,’’ while the Mos- tim, whose pain is magnified when he freedoms and it’s a challenge not to cow Prison Oversight Committee called or she feels forgotten. The political give up hope and yield to the tempta- it a ‘‘murder to conceal a fraud.’’ Pul- prisoner in his cell, the hungry chil- tion of cynicism and become hardened itzer Prize-winning reporter Ellen dren, the homeless refugees—not to re- to the suffering around us or to reduce Barry writing in the New York Times spond to their plight, not to relieve a personal tragedy to yet another stated that, ‘‘Magnitsky’s death in pre- their solitude by offering them a spark issue. While we use trends, numbers, trial detention at the age of 37 . . . of hope is to exile them from human and statistics to help us understand sent shudders through Moscow’s elite. memory. And in denying their human- and deal with human rights issues, we They saw him—a post-Soviet young ity we betray our own.’’ must never forget the face of the indi- urban professional, as someone uncom- Speaking of our humanity, I offer the vidual person whose reality is the issue fortably like themselves.’’ following words as a contrast. They are and the story of Sergei Magnitsky is as Outside the media, President of the from Russian playwright Mikhail unforgettable as it is heartbreaking. European Parliament Jerzy Buzek Ugarov who created One Hour Eight- Sergei Magnitsky was a young Rus- noted that ‘‘Sergei Magnitsky was a een, which is the exact amount of time sian tax lawyer employed by an Amer- brave man, who in his fight against it took for Sergei Magnitsky to die in ican law firm in Moscow who blew the corruption was unjustifiably impris- his isolation cell at Moscow’s whistle on the largest known tax fraud oned under ruthless conditions and Matrosskaya Tishina prison. Ugarov in Russian history. After discovering then died in jail without receiving ap- asks, ‘‘When a person puts on the uni- this elaborate scheme, Sergei propriate medical care.’’ While Trans- form of a public prosecutor, the white Magnitsky testified to the authorities parency International observed that, lab coat of a doctor, or the black robe detailing the conspiracy to defraud the ‘‘Sergei did what to most people seems of a judge, does he or she inevitably Russian people of approximately $230 impossible: he battled as a lone indi- lose their humanity? Do they lose their million and naming the names of those vidual against the power of an entire ability to—even in a small way— officials involved. Shortly after his tes- state. He believed in the rule of law empathize with a fellow human being? timony, Sergei was arrested by subor- and integrity, and died for his belief.’’ In the case of Sergei Magnitsky, each dinates of the very law enforcement of- One might have thought that after of the people who assumed these pro- ficers he had implicated in this crime. the worldwide condemnation of Sergei fessional duties in the case left their He was held in detention for nearly a Magnitsky’s arrest, torture, and death humanity behind.’’ year without trial under torturous con- in the custody, the Russian govern- The coming year will be a significant ditions. He developed severe medical ment would have identified and pros- moment in the evolution of Russian complications, which went deliberately ecuted those responsible for this hei- politics. With Duma elections sched- untreated and he died in an isolation nous crime. Instead, the government uled for the end of 2011 and presidential cell while prison doctors waited outside has not prosecuted a single person and elections for early 2012, there is an op- his door on November 16, 2009. many of the key perpetrators went on portunity for the Russian government Sadly, Sergei Magnitsky joins the to receive promotions and the highest to reverse what has been a steady tra- ranks of a long list of Russian heroes state honors from the Russian Interior jectory away from the rule of law and who lost their lives because they stood Ministry. Moreover, the officers in- respect for human rights and toward up for principle and for truth. These volved feel such a sense of impunity authoritarianism. ranks include Natalia Estemirova a that they are now using all instru- Private and even public expressions brave human rights activist shot in the ments of the Russian state to pursue of concern are not a substitute for a head and chest and stuffed into the and punish Magnitsky’s friends and real policy nor are they enough, it’s trunk of a car, Anna Politkovskaya an colleagues who have been publicly time for consequences. The bill I intro- intrepid reporter shot while coming fighting for justice in his case. duce today sends a strong message to home with an arm full of groceries, and They have forced the American those who are currently acting with too many others. founding partner of Magnitsky’s firm, impunity in Russia that there will be Often in these killings there is a veil Jamison Firestone, to flee Russia in consequences for corruption should you of plausible deniability, gunmen show fear for his safety in the months fol- wish to travel to and invest in the up in the dark and slip away into the lowing his colleague’s death after United States. Such actions will pro- shadows, but Sergei, in inhuman condi- learning that the same people were at- vide needed moral support for those in tions, managed to document in 450 tempting to take control of an Amer- Russia doing the really heavy-lifting in complaints exactly who bears responsi- ican client’s Russian companies and fighting corruption and promoting the bility for his false arrest and death. We commit a similar fraud. And they have rule of law, but they will also protect must honor his sacrifice and do all we used the same criminal case that was our own interests—values or business can to learn from this tragedy that used to falsely arrest Magnitsky to in- related. others may not share his fate. dict Sergei’s client Bill Browder. They We see before us a tale of two Rus- Few are made in the mold of Sergei have opened up retaliatory criminal sias, the double headed eagle if you Magnitsky, able to withstand barbaric cases against many of Hermitage’s em- will. To whom does the future of Rus- deprivations and cruelty without ployees and all of its lawyers, who were sia belong? Does it belong to the breaking and certainly none of us forced to leave Russia to save their Yevgenia Chirikovas, Alexey Navalnys, would want to be put to the test. A own lives. These attacks have only in- Oleg Orlovs and countless other coura- man of such character is fascinating tensified since my colleague and friend geous, hard working, and patriotic and in some ways disquieting because Congressman JIM MCGOVERN intro- Russians who expose corruption and we suspect deep down that we might duced the Justice for Sergei Magnitsky fight for human rights or those who in- not have what it takes to stay loyal to Act of 2011, a similar measure in the habit the shadows abusing and stealing the truth under such pressure. House of Representatives, last month. from their fellow citizens? Magnitsky’s life and tragic death re- In the struggle for human rights we Let us not put aside our humanity mind us all that some things are more must never be indifferent. On this out of exaggerated and excessively cau- valuable than success, comfort, or even point, I am reminded of Elie Wiesel’s tious diplomatic concerns for the life itself—truth is one of those things. hauntingly eloquent speech, The Perils broader relationship. Let us take the May his example be a rebuke to those of Indifference which he delivered at long view and stand on the right side—

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3181 and I believe the wise side—with the ruption in many public speeches, including influenced. Furthermore, senior officials of Russian people who have suffered so stating in his 2009 address to Russia’s Fed- the Government of the Russian Federation much for the cause of liberty and eral Assembly, ‘‘[Z]ero tolerance of corrup- have acknowledged that the arrest and im- human dignity. They are the ones who tion should become part of our national cul- prisonment of Khodorkovsky were politi- ture. . . . In Russia we often say that there daily risk their safety and freedom to cally motivated. are few cases in which corrupt officials are (14) According to Freedom House’s 2011 re- promote those basic principles en- prosecuted. . . . [S]imply incarcerating a few port entitled ‘‘The Perpetual Battle: Corrup- shrined in Russian law and many inter- will not resolve the problem. But incarcer- tion in the Former Soviet Union and the national commitments including the ated they must be.’’. President Medvedev New EU Members’’, ‘‘[t]he highly publicized Helsinki Final Act. They are the con- went on to say, ‘‘We shall overcome under- cases of Sergei Magnitsky, a 37-year-old law- science of Russia. Let us tell them with development and corruption because we are a yer who died in pretrial detention in Novem- one voice that they are not alone and strong and free people, and deserve a normal ber 2009 after exposing a multimillion-dollar that concepts like the rule of law and life in a modern, prosperous democratic soci- fraud against the Russian taxpayer, and Mi- human rights are not empty words for ety.’’. Furthermore, President Medvedev has khail Khodorkovsky, the jailed business acknowledged Russia’s disregard for the rule magnate and regime critic who was sen- this body and for our government. I of law and used the term ‘‘legal nihilism’’ to urge my colleagues to support this bill. tenced at the end of 2010 to remain in prison describe a criminal justice system that con- through 2017, put an international spotlight I ask unanimous consent that the bill tinues to imprison innocent people. on the Russian state’s contempt for the rule be printed in the RECORD. (8) The systematic abuse of Sergei of law. . . . By silencing influential and ac- There being no objection, the text of Magnitsky, including his repressive arrest complished figures such as Khodorkovsky the bill was ordered to be printed in and torture in custody by the same officers and Magnitsky, the Russian authorities have the RECORD, as follows: of the Ministry of the Interior of the Russian made it abundantly clear that anyone in S. 1039 Federation that Mr. Magnitsky had impli- Russia can be silenced.’’. cated in the embezzlement of funds from the Be it enacted by the Senate and House of Rep- (15) Sergei Magnitsky’s experience, while Russian Treasury and the misappropriation resentatives of the United States of America in particularly illustrative of the negative ef- of 3 companies from his client, Hermitage, Congress assembled, fects of official corruption on the rights of reflects how deeply the protection of human an individual citizen, appears to be emblem- SECTION 1. SHORT TITLE. rights is affected by corruption. This Act may be cited as the ‘‘Sergei atic of a broader pattern of disregard for the (9) The politically motivated nature of the numerous domestic and international human Magnitsky Rule of Law Accountability Act persecution of Mr. Magnitsky is dem- of 2011’’. rights commitments of the Russian Federa- onstrated by— tion and impunity for those who violate SEC. 2. FINDINGS. (A) the denial by all state bodies of the Congress finds the following: basic human rights and freedoms. Russian Federation of any justice or legal (16) The tragic and unresolved murders of (1) The United States supports the people remedies to Mr. Magnitsky during the nearly of the Russian Federation in their efforts to Nustap Abdurakhmanov, Maksharip Aushev, 12 full months he was kept without trial in Natalya Estemirova, Akhmed realize their full economic potential and to detention; and Hadjimagomedov, Umar Israilov, Paul advance democracy, human rights, and the (B) the impunity of state officials he testi- Klebnikov, Anna Politkovskaya, Saihadji rule of law. fied against for their involvement in corrup- Saihadjiev, and Magomed Y. Yevloyev, the (2) The Russian Federation— tion and the carrying out of his repressive death in custody of Vera Trifonova, the dis- (A) is a member of the United Nations, the persecution since his death. appearances of Mokhmadsalakh Masaev and Organization for Security and Co-operation (10) Mr. Magnitsky died on November 16, Said-Saleh Ibragimov, the torture of Ali in Europe, the Council of Europe, and the 2009, at the age of 37, in Matrosskaya Tishina Israilov and Islam Umarpashaev, the near- International Monetary Fund; Prison in Moscow, Russia, and is survived by fatal beatings of Mikhail Beketov, Oleg (B) has ratified the Convention against a mother, a wife, and 2 sons. Kashin, Arkadiy Lander, and Mikhail Torture and Other Cruel, Inhuman or De- (11) The Public Oversight Commission of grading Treatment or Punishment, the the City of Moscow for the Control of the Ob- Vinyukov, and the harsh and ongoing impris- International Covenant on Civil and Polit- servance of Human Rights in Places of onment of Mikhail Khodorkovsky, Alexei ical Rights, and the United Nations Conven- Forced Detention, an organization empow- Kozlov, Platon Lebedev, and Fyodor Mikheev tion against Corruption; and ered by Russian law to independently mon- further illustrate the grave danger of expos- (C) is bound by the legal obligations set itor prison conditions, concluded, ‘‘A man ing the wrongdoing of officials of the Gov- forth in the European Convention on Human who is kept in custody and is being detained ernment of the Russian Federation, includ- Rights. is not capable of using all the necessary ing Chechen leader Ramzan Kadyrov, or of (3) States voluntarily commit themselves means to protect either his life or his health. seeking to obtain, exercise, defend, or pro- to respect obligations and responsibilities This is a responsibility of a state which mote internationally recognized human through the adoption of international agree- holds him captive. Therefore, the case of rights and freedoms. ments and treaties, which must be observed Sergei Magnitsky can be described as a SEC. 3. DEFINITIONS. in good faith in order to maintain the sta- breach of the right to life. The members of In this Act: bility of the international order. Human the civic supervisory commission have (1) ADMITTED; ALIEN.—The terms ‘‘admit- rights are an integral part of international reached the conclusion that Magnitsky had ted’’ and ‘‘alien’’ have the meanings given law, and lie at the foundation of the inter- been experiencing both psychological and those terms in section 101 of the Immigra- national order. The protection of human physical pressure in custody, and the condi- tion and Nationality Act (8 U.S.C. 1101). rights, therefore, particularly in the case of tions in some of the wards of Butyrka can be (2) APPROPRIATE CONGRESSIONAL COMMIT- a country that has incurred obligations to justifiably called torturous. The people re- TEES.—The term ‘‘appropriate congressional protect human rights under an international sponsible for this must be punished.’’. committees’’ means— agreement to which it is a party, is not left (12) According to the Financial Times, ‘‘A (A) the Committee on Financial Services, exclusively to the internal affairs of that commission appointed by President Dmitry the Committee on Foreign Affairs, and the country. Medvedev has found that Russian police fab- Committee on the Judiciary of the House of (4) Good governance and anti-corruption ricated charges against an anti-corruption Representatives; and measures are instrumental in the protection lawyer [Sergei Magnitsky], whose death in (B) the Committee on Banking, Housing, of human rights and in achieving sustainable prison in 2009 has come to symbolise perva- and Urban Affairs, the Committee on For- economic growth, which benefits both the sive corruption in Russian law enforce- eign Relations, and the Committee on the people of the Russian Federation and the ment.’’. Judiciary of the Senate. international community through the cre- (13) The second trial and verdict against (3) FINANCIAL INSTITUTION; DOMESTIC FINAN- ation of open and transparent markets. former Yukos executives Mikhail CIAL AGENCY; DOMESTIC FINANCIAL INSTITU- (5) Systemic corruption erodes trust and Khodorkovsky and Platon Lebedev evokes TION.—The terms ‘‘financial institution’’, confidence in democratic institutions, the serious concerns about the right to a fair ‘‘domestic financial agency’’, and ‘‘domestic rule of law, and human rights protections. trial and the independence of the judiciary in financial institution’’ have the meanings This is the case when public officials are al- the Russian Federation. The lack of credible given those terms in section 5312 of title 31, lowed to abuse their authority with impu- charges, intimidation of witnesses, viola- United States Code. nity for political or financial gains in collu- tions of due process and procedural norms, (4) UNITED STATES PERSON.—The term sion with private entities. falsification or withholding of documents, ‘‘United States person’’ means— (6) The Russian nongovernmental organiza- denial of attorney-client privilege, and ille- (A) a United States citizen or an alien law- tion INDEM has estimated that corruption gal detention in the Yukos case are highly fully admitted for permanent residence to amounts to hundreds of billions of dollars a troubling. The Council of Europe, Freedom the United States; or year, an increasing share of the gross domes- House, and Amnesty International, among (B) an entity organized under the laws of tic product of the Russian Federation. others, have concluded that they were the United States or of any jurisdiction (7) The President of the Russian Federa- charged and imprisoned in a process that did within the United States, including a foreign tion, Dmitry Medvedev, has addressed cor- not follow the rule of law and was politically branch of such an entity.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3182 CONGRESSIONAL RECORD — SENATE May 19, 2011 SEC. 4. IDENTIFICATION OF PERSONS RESPON- vestigate money laundering relating to the section 4(a) have been added to the list re- SIBLE FOR THE DETENTION, ABUSE, conspiracy described in section 4(a)(1)(C). If quired by that section during the year pre- AND DEATH OF SERGEI MAGNITSKY, the Secretary of the Treasury makes a deter- ceding the report; and THE CONSPIRACY TO DEFRAUD THE mination under section 5318A of title 31, (B) if few or no such persons have been RUSSIAN FEDERATION OF TAXES ON CERTAIN CORPORATE PROFITS, AND United States Code, with respect to such added to that list during that year, the rea- OTHER GROSS VIOLATIONS OF money laundering, the Secretary of the sons for not adding more such persons to the HUMAN RIGHTS. Treasury shall instruct domestic financial list; and (a) IN GENERAL.—Not later than 90 days institutions and domestic financial agencies (2) efforts to encourage the governments of after the date of the enactment of this Act, to take 1 or more special measures described other countries to impose sanctions that are the Secretary of State, in consultation with in section 5318A(b) of such title. similar to the sanctions imposed under this the Secretary of the Treasury, shall publish (b) FREEZING OF ASSETS.—The Secretary of Act. a list of each person the Secretary of State the Treasury shall freeze and prohibit all has reason to believe— transactions in all property and interests in By Mr. LIEBERMAN (for himself (1)(A) is responsible for the detention, property of a person that are in the United and Mr. MCCAIN): abuse, or death of Sergei Magnitsky; States, that come within the United States, S. 1040. A bill to enhance public safe- (B) participated in efforts to conceal the or that are or come within the possession or ty by making more spectrum available control of a United States person if the per- legal liability for the detention, abuse, or to public safety entities, to facilitate death of Sergei Magnitsky; or son— (1) is on the list required by section 4(a); or the development of a public safety (C) committed those frauds discovered by broadband network, to provide stand- Sergei Magnitsky, including conspiring to (2) acts as an agent of or on behalf of a per- defraud the Russian Federation of taxes on son on that list in a matter relating to the ards for the spectrum needs of public corporate profits through fraudulent trans- activity for which the person was added to safety entities, and for other purposes; actions and lawsuits against the foreign in- that list. to the Committee on Commerce, (c) WAIVER FOR NATIONAL INTERESTS.—The vestment company known as Hermitage and Science, and Transportation. Secretary of the Treasury may waive the ap- to misappropriate entities owned or con- Mr. LIEBERMAN. Mr. President, I plication of subsection (a) or (b) if the Sec- trolled by Hermitage; or retary determines that such a waiver is in rise today, with my colleague Senator (2) is responsible for extrajudicial killings, the national interests of the United States. MCCAIN, to introduce legislation to en- torture, or other gross violations of human Upon granting such a waiver, the Secretary sure that we take advantage of a once- rights committed against individuals seek- shall provide to the appropriate congres- in-a-lifetime opportunity to build a ing— sional committees notice of, and a justifica- coast-to-coast communications net- (A) to expose illegal activity carried out by tion for, the waiver. work for our Nation’s first responders officials of the Government of the Russian (d) ENFORCEMENT.— Federation; or that is secure, interoperable and resil- (1) PENALTIES.—A person that violates, at- ient. (B) to obtain, exercise, defend, or promote tempts to violate, conspires to violate, or internationally recognized human rights and causes a violation of this section or any reg- As it stands now, the mobile device freedoms, such as the freedoms of religion, ulation, license, or order issued to carry out the average teenager carries has more expression, association, and assembly and this section shall be subject to the penalties capability than those of the men and the rights to a fair trial and democratic elec- set forth in subsections (b) and (c) of section women who put their lives on the line tions. 206 of the International Emergency Eco- for us each and every day and that is (b) UPDATES.—The Secretary of State shall nomic Powers Act (50 U.S.C. 1705) to the just wrong. update the list required by subsection (a) as same extent as a person that commits an un- Today, we introduce the Broadband new information becomes available. lawful act described in subsection (a) of such for First Responders Act of 2011, which (c) NOTICE.—The Secretary of State shall— section. (1) to the extent practicable, provide no- will set aside the so-called D Block of (2) REQUIREMENTS FOR FINANCIAL INSTITU- tice and an opportunity for a hearing to a spectrum for public safety entities and TIONS.— person before the person is added to the list provide them the bandwidth they need (A) IN GENERAL.—Not later than 120 days required by subsection (a); and after the date of the enactment of this Act, to communicate effectively in an emer- (2) remove a person from the list if the per- the Secretary of the Treasury shall prescribe gency. Companion legislation has been son demonstrates to the satisfaction of the regulations to require each financial institu- introduced in the House of Representa- Secretary that the person did not engage in tion that is a United States person— tives by Representatives PETER T. KING the activity for which the person was added (i) to perform an audit of the assets within and BENNIE G. THOMPSON, the Chair- to the list. the possession or control of the financial in- (d) REQUESTS BY MEMBERS OF CONGRESS.— man and Ranking Member of the House stitution to determine whether any of such Committee on Homeland Security. Not later than 30 days after receiving a writ- assets are required to be frozen pursuant to ten request from a Member of Congress with I am proud to stand with the rep- subsection (b); and resentatives of more than 40 organiza- respect to whether a person meets the cri- (ii) to submit to the Secretary— teria for being added to the list required by (I) a report containing the results of the tions representing public safety offi- subsection (a), the Secretary of State shall audit; and cials, and with the ‘‘Big 7’’ associations inform that Member of the determination of (II) a certification that, to the best of the representing State and local govern- the Secretary with respect to whether or not knowledge of the financial institution, the ments, to call on Congress to put the D that person meets those criteria. financial institution has frozen all assets Block in the hands of public safety. SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS. within the possession or control of the finan- Those groups include the International (a) INELIGIBILITY FOR VISAS.—An alien is cial institution that are required to be frozen ineligible to receive a visa to enter the Association of Chiefs of Police, the pursuant to subsection (b). International Association of Fire United States and ineligible to be admitted (B) PENALTIES.—The penalties provided for to the United States if the alien is on the list in sections 5321(a) and 5322 of title 31, United Chiefs, the National Sheriffs Associa- required by section 4(a). States Code, shall apply to a financial insti- tion, the Major Cities Chiefs Associa- (b) CURRENT VISAS REVOKED.—The Sec- tution that violates a regulation prescribed tion, the Major County Sheriffs Asso- retary of State shall revoke, in accordance under subparagraph (A) in the same manner ciation, the Metropolitan Fire Chiefs with section 221(i) of the Immigration and and to the same extent as such penalties Association, the Association of Public- Nationality Act (8 U.S.C. 1201(i)), the visa or would apply to any person that is otherwise Safety Communications Officials— other documentation of any alien who would subject to such section 5321(a) or 5322. International, APCO International, the be ineligible to receive such a visa or docu- (e) REGULATORY AUTHORITY.—The Sec- mentation under subsection (a). retary of the Treasury shall issue such regu- National Emergency Management As- (c) WAIVER FOR NATIONAL INTERESTS.—The lations, licenses, and orders as are necessary sociation, the National Association of Secretary of State may waive the applica- to carry out this section. State EMS Officials, the National Gov- tion of subsection (a) or (b) in the case of an SEC. 7. REPORT TO CONGRESS. ernors Association, the National Con- alien if the Secretary determines that such a Not later than 180 days after the date of ference of State Legislatures, the waiver is in the national interests of the the enactment of this Act, and annually Council of State Governments, the Na- United States. Upon granting such a waiver, thereafter, the Secretary of State and the tional Association of Counties, the Na- the Secretary shall provide to the appro- Secretary of the Treasury shall submit to tional League of Cities, the U.S. Con- priate congressional committees notice of, the appropriate congressional committees a and a justification for, the waiver. report on— ference of Mayors, and the Inter- SEC. 6. FINANCIAL MEASURES. (1) the actions taken to carry out this Act, national City/County Management As- (a) SPECIAL MEASURES.—Not later than 120 including— sociation. days after the date of the enactment of this (A) the number of times and the cir- I am pleased that President Obama Act, the Secretary of the Treasury shall in- cumstances in which persons described in has pledged his commitment to reserve

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3183 the D Block for public safety. I also istered by the Department of Homeland being provided to first responders for look forward to working with Senator Security and would be awarded directly the construction of a nationwide public ROCKEFELLER, the Chairman of the to States and municipalities, who are safety network, as did the Chairman Committee on Commerce, Science, and in the best position to know how to de- and Ranking Member of the Senate Transportation, who has championed ploy the network in their jurisdictions. Commerce Committee. this cause and has signaled his deter- Achieving nationwide interoper- Specifically, this legislation would li- mination to see a bill move through ability through adequate spectrum is a cense the remaining spectrum to the Congress this year. major recommendation of the 9/11 Com- public safety broadband licensee that Today, public safety communicates mission that is unfulfilled. We should has been previously approved by the on slices of scattered spectrum that not let the 10th anniversary of 9/11 pass FCC as a qualified licensee and rep- prevent interoperable communications without legislating to remedy that fail- resents more than three dozen national among agencies and jurisdictions, and ure. The Chairman and Vice-Chairman public safety organizations. The legis- that do not allow the large data trans- of the Commission, the Honorable lation provides authority to local juris- missions that we take for granted in Thomas H. Kean and the Honorable Lee today’s commercial communications. dictions to make decisions on the spec- H. Hamilton, appeared before our Com- trum use, network build-out and equip- Securing the D Block for public safe- mittee on Homeland Security and Gov- ty will allow us to build a nationwide ment. The men and women fighting ernmental Affairs in March and urged crime and saving lives know what com- interoperable network for emergency the immediate allocation of the D communications that could prevent the munications systems and technology Block to public safety, bluntly, and are best for them. Not Washington. kinds of communication meltdowns we rightfully, delivering a message to had during 9–11 and Hurricane Katrina. Congress that further delay is intoler- Lastly, this bill provides funds for But setting aside the D Block will able. I urge my colleagues to take bold grants to localities for the construc- also allow first responders to send action to remedy Congress’s past inac- tion, operation and maintenance of an video, maps, and other large data tion by promptly passing the interoperable communications net- transmissions over their mobile de- Broadband for First Responders Act of work. These funds will come from the vices. For example, firefighters’ lives 2011. proceeds of a commercial spectrum may be saved because they will be able Mr. MCCAIN. Mr, President, today I auction, thereby not adding to our Na- to access building specifications on share the honor with Chairman tion’s burgeoning debt or raising taxes their handhelds and know all the exits LIEBERMAN of introducing the First Re- on all Americans. of a burning building before they enter sponders Protection Act of 2011. This As we approach the 10 year com- it. A police officer at the scene of a bill would provide 10 MHz of spectrum memoration of the horrific events on crime would be able to feed video back in the 700 MHz spectrum band to the September 11th and the six year re- to headquarters. Emergency response public safety broadband licensee, make officials would be able to exchange membrance of the devastating tragedy available funding for the construction, data with hospitals while treating pa- of Hurricane Katrina, it is a disgrace operation and maintenance of a nation- tients at the scene of an accident. that police officers, sheriffs and fire I do not think it is wise, as the Fed- wide interoperable communications fighters still don’t have a nation-wide eral Communications Commission, network, and ensure proper govern- interoperable communications system. FCC, proposed in its National ance. Our legislation provides the spectrum In 2004, the 9/11 Commission’s Final Broadband Plan, to auction the D and funding to first responders, while Report recommended the ‘‘expedited Block to commercial interests and being fiscally responsible and ensuring and increased assignment of radio spec- then to hope that public safety will be local control and conscientious govern- trum to public safety entities.’’ Short- able to piggy-back on it. In a crisis, ance. ly thereafter, Senator LIEBERMAN and I first responders need secure, reliable Providing ten megahertz of spectrum introduced a bill to provide spectrum and quick communications that are to public safety, as this bill does, is to public safety; however the Senate not disrupted by commercial traffic. supported by the International Asso- voted down that bill. We reintroduced The Broadband for First Responders ciation of Chiefs of Police, the Inter- the bill in 2005, month before Hurricane Act of 2011 would ensure that the D national Association of Fire Chiefs, the Katrina hit the Gulf Coast. But our ef- Block is licensed to the same public National Sheriffs Association, the forts were blocked. Fortunately, Con- safety broadband licensee that cur- Major Cities Chiefs Association, the gress finally wrestled some spectrum rently holds the license for 10 MHz in Major County Sheriffs Association, the away from the television broadcasters the 700 MHz band. The bill would also Metropolitan Fire Chiefs Association, in 2009 and provided it to public safety. provide up to $5.5 billion for a con- the Association of Public-Safety Com- However, public safety has additional struction fund to assist with the costs munications Officials, International, of constructing the network and up to spectrum needs. Almost every other recommendation APCO, the National Emergency Man- $5.5 billion for an operation and main- agers Association, the National Gov- tenance fund for long-term mainte- of the 9/11 Commission has been imple- mented, but this important rec- ernors Association, the National Con- nance. These funds would come from ference of State Legislatures, the revenues generated by the auction of ommendation remains unfulfilled. I can only imagine how many lives could Council of State Governments, the Na- different bands of spectrum to commer- tional Association of Counties, the Na- cial carriers. By dedicating those auc- have been saved on 9/11 if this spectrum had been available at that time. How tional League of Cities, the U.S. Con- tion revenues to the public safety net- ference of Mayors, and the Inter- work, we can help public safety offi- many firefighters would be alive today if they could have communicated with national City/County Management As- cials build the system they need with- sociation. out adding to the deficit. their battalion chief at the base of the Under our bill, the FCC would set World Trade Center? We have slightly more than one hun- rules for the public safety network, en- In 2007, I introduced legislation to dred days until the ten year anniver- suring interoperability across the na- auction the remaining public safety sary of the horrific events of 9/11. I tionwide system. The rules would also spectrum to a commercial carrier that hope over the next 100 days the Senate allow public safety to share spectrum would then build out a network for Majority Leader will consider bringing with other governmental and private public safety. The FCC held such an this bill to the floor for full consider- entities, as long as public safety serv- auction, but no bidder met the reserve ation and that at that time my col- ices retain priority access to the spec- price. Ten megahertz of spectrum re- leagues will join me and Senator trum. This authority would help hold mains available for public safety’s LIEBERMAN in providing public safety down costs of the system by allowing needs. The FCC had announced its in- with the interoperable communica- public safety to leverage existing infra- tention to auction this spectrum to a tions network they deserve. It is the structure. commercial provider. Thankfully, the least we can do for those who put their The grants to build and maintain the White House announced late last year lives in danger each and every day to public safety network would be admin- that it now supports the spectrum protect all of us.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3184 CONGRESSIONAL RECORD — SENATE May 19, 2011 SUBMITTED RESOLUTIONS ness Month with appropriate events and ac- Whereas settlers from Scandinavia and tivities. China were among the first to come to f Astoria, and the presence of their descend- SENATE RESOLUTION 191—DESIG- ants has contributed to a town rich in both NATING JUNE 2011 AS ‘‘NATIONAL SENATE RESOLUTION 192—DESIG- history and culture; APHASIA AWARENESS MONTH’’ NATING MAY 21, 2011, AS ‘‘NA- Whereas Astoria is a vibrant tourism des- TIONAL KIDS TO PARKS DAY’’ tination that has chronicled its remarkable AND SUPPORTING EFFORTS TO history with the establishment of superb mu- INCREASE AWARENESS OF Mr. UDALL of Colorado (for himself, seums and well-preserved historical sites; APHASIA Mr. BURR, Mr. BINGAMAN, and Ms. MUR- Whereas citizens of Astoria and visitors Mr. JOHNSON of South Dakota sub- KOWSKI) submitted the following reso- from around the country and the world enjoy mitted the following resolution; which lution; which was considered and boating, fishing, and hiking in one of the agreed to: most beautiful areas on the West Coast; and was referred to the Committee on the Whereas the natural beauty of the region S. RES. 192 Judiciary: has been noted by many artists, filmmakers, S. RES. 191 Whereas the first National Kids to Parks and writers, serving as the backdrop for Day will be celebrated on May 21, 2011; many stories, including the beloved film Whereas aphasia is a communication im- Whereas the goal of National Kids to Parks pairment caused by brain damage that typi- ‘‘The Goonies’’: Now, therefore, be it Day is to empower young people and encour- Resolved, That it is the sense of the Senate cally results from a stroke; age families to get outdoors and visit the Whereas aphasia can also occur with other that— parks of the United States; (1) Astoria’s bicentennial should be ob- neurological disorders, such as a brain Whereas on National Kids to Parks Day, tumor; served and celebrated; rural and urban Americans alike can be re- (2) the people of Astoria should be thanked Whereas many people with aphasia also introduced to the splendid National, State, have weakness or paralysis in the right leg for their many pioneering contributions to and neighborhood parks that are located in the State of Oregon and the United States; and right arm, usually due to damage to the their communities; left hemisphere of the brain, which controls and Whereas communities across the United (3) an enrolled copy of this resolution language and movement on the right side of States offer a variety of natural resources the body; should be transmitted to the State of Oregon and public land, often with free access, to in- for appropriate display. Whereas the effects of aphasia may include dividuals seeking outdoor recreation; a loss of, or reduction in, the ability to Whereas the United States should encour- f speak, comprehend, read, and write, but the age young people to lead a more active life- intelligence of a person with aphasia re- SENATE CONCURRENT RESOLU- style, as too many young people in the TION 18—SETTING FORTH THE mains intact; United States are overweight or obese; Whereas according to the National Insti- PRESIDENT’S BUDGET REQUEST Whereas National Kids to Parks Day is an FOR THE UNITED STATES GOV- tute of Neurological Disorders and Stroke opportunity for families to take a break (referred to in this preamble as the from their busy lives and come together for ERNMENT FOR FISCAL YEAR ‘‘NINDS’’), stroke is the third-leading cause a day of wholesome fun; and 2012, AND SETTING FORTH THE of death in the United States, ranking be- Whereas National Kids to Parks Day aims APPROPRIATE BUDGETARY LEV- hind heart disease and cancer; to broaden the appreciation of young people ELS FOR FISCAL YEARS 2013 Whereas stroke is a leading cause of seri- for nature and the outdoors: Now, therefore, THROUGH 2021 ous, long-term disability in the United be it States; Resolved, That the Senate— Mr. SESSIONS submitted the fol- Whereas the NINDS estimates that there (1) designates May 21, 2011, as ‘‘National lowing concurrent resolution; which are approximately 5,000,000 stroke survivors Kids to Parks Day’’; was placed on the calendar: in the United States; (2) recognizes the importance of outdoor S. CON. RES. 18 Whereas the NINDS estimates that people recreation and the preservation of open in the United States suffer approximately Resolved by the Senate (the House of Rep- spaces to the health of the young people of resentatives concurring), 750,000 strokes per year, with about 1⁄3 of the the United States; and SECTION 1. CONCURRENT RESOLUTION ON THE strokes resulting in aphasia; (3) calls on the people of the United States Whereas according to the NINDS, aphasia BUDGET FOR FISCAL YEAR 2012. to observe the day with appropriate pro- (a) DECLARATION.—Congress declares that affects at least 1,000,000 people in the United grams, ceremonies, and activities. States; this resolution is the concurrent resolution Whereas the NINDS estimates that more f on the budget for fiscal year 2012 and that than 200,000 people in the United States ac- this resolution sets forth the appropriate SENATE RESOLUTION 193—HON- budgetary levels for fiscal years 2013 through quire aphasia each year; ORING THE BICENTENNIAL OF Whereas the National Aphasia Association 2021. is a unique organization that strives to pro- THE CITY OF ASTORIA (b) TABLE OF CONTENTS.—The table of con- mote public education, research, rehabilita- Mr. MERKLEY (for himself and Mr. tents for this concurrent resolution is as fol- lows: tion, and support services for the general WYDEN) submitted the following reso- public, people with aphasia, and aphasia lution; which was considered and Sec. 1. Concurrent resolution on the budget for fiscal year 2012. caregivers throughout the United States; agreed to: and TITLE I—RECOMMENDED LEVELS AND Whereas as an advocacy organization for S. RES. 193 AMOUNTS people with aphasia and their caregivers, the Whereas Astoria is a scenic gem on the Sec. 101. Recommended levels and amounts. National Aphasia Association envisions a coast of Oregon, and the residents of Astoria Sec. 102. Social Security. world that recognizes the ‘‘silent’’ disability have long represented the essence of what it Sec. 103. Postal Service discretionary ad- of aphasia and provides opportunity and ful- means to be an Oregonian; ministrative expenses. fillment for people affected by aphasia: Now, Whereas the site of Astoria, located at the Sec. 104. Major functional categories. therefore, be it mouth of the Columbia River where the Co- TITLE II—BUDGET PROCESS Resolved, That the Senate— lumbia River meets the Pacific Ocean, (1) designates June 2011 as ‘‘National Apha- marks the endpoint of the epic Lewis and Subtitle A—Budget Enforcement sia Awareness Month’’; Clark expedition to explore the American Sec. 201. Program integrity initiatives and (2) supports efforts to increase awareness West, and was founded by fur traders in 1811; other adjustments. of aphasia; Whereas Thomas Jefferson recognized Sec. 202. Point of order against advance ap- (3) recognizes that strokes, a primary Astoria as the Nation’s first significant propriations. cause of aphasia, are the third-largest cause claim to the West and noted that were it not Sec. 203. Emergency legislation. of death and disability in the United States; for the settlement of Astoria, the United Sec. 204. Adjustments for the extension of (4) acknowledges that aphasia deserves States may have ended at the Rocky Moun- certain current policies. more attention and study to find new solu- tains; Subtitle B—Other Provisions tions for individuals experiencing aphasia Whereas Astoria evolved from being a fur Sec. 211. Budgetary treatment of certain dis- and their caregivers; trading hub to serving as the ad-hoc capital cretionary administrative ex- (5) supports efforts to make the voices of of Oregon Country, and later became a penses. people with aphasia heard, because people prominent leader in the fishing and timber Sec. 212. Application and effect of changes with aphasia are often unable to commu- industries and an important port city; in allocations and aggregates. nicate with others; and Whereas Astoria was incorporated in 1856, Sec. 213. Adjustments to reflect changes in (6) encourages all people in the United and today is a center for manufacturing, art, concepts and definitions. States to observe National Aphasia Aware- tourism, and fishing; Sec. 214. Exercise of rulemaking powers.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0655 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3185 TITLE I—RECOMMENDED LEVELS AND Fiscal year 2020: $26,141,900,000,000. SEC. 103. POSTAL SERVICE DISCRETIONARY AD- AMOUNTS Fiscal year 2021: $27,613,438,000,000. MINISTRATIVE EXPENSES. (6) DEBT HELD BY THE PUBLIC.—The appro- In the Senate, the amounts of new budget SEC. 101. RECOMMENDED LEVELS AND authority and budget outlays of the Postal AMOUNTS. priate levels of debt held by the public are as Service for discretionary administrative ex- The following budgetary levels are appro- follows: penses are as follows: priate for each of fiscal years 2011 through Fiscal year 2012: $11,661,458,000,000. Fiscal year 2013: $12,660,181,000,000. Fiscal year 2012: 2021: (A) New budget authority, $258,000,000. (1) FEDERAL REVENUES.—For purposes of Fiscal year 2014: $13,516,248,000,000. Fiscal year 2015: $14,359,283,000,000. (B) Outlays, $258,000,000. the enforcement of this resolution: Fiscal year 2013: (A) The recommended levels of Federal Fiscal year 2016: $15,291,568,000,000. Fiscal year 2017: $16,253,549,000,000. (A) New budget authority, $248,000,000. revenues are as follows: (B) Outlays, $248,000,000. Fiscal year 2012: $1,877,062,000,000. Fiscal year 2018: $17,250,120,000,000. Fiscal year 2019: $18,363,900,000,000. Fiscal year 2014: Fiscal year 2013: $2,166,741,000,000. (A) New budget authority, $247,000,000. Fiscal year 2014: $2,442,771,000,000. Fiscal year 2020: $19,557,831,000,000. Fiscal year 2021: $20,805,783,000,000. (B) Outlays, $247,000,000. Fiscal year 2015: $2,631,410,000,000. Fiscal year 2015: Fiscal year 2016: $2,780,984,000,000. SEC. 102. SOCIAL SECURITY. (A) New budget authority, $250,000,000. Fiscal year 2017: $2,922,080,000,000. (a) SOCIAL SECURITY REVENUES.—For pur- (B) Outlays, $250,000,000. Fiscal year 2018: $3,057,493,000,000. poses of Senate enforcement under sections Fiscal year 2016: Fiscal year 2019: $3,199,460,000,000. 302 and 311 of the Congressional Budget Act (A) New budget authority, $255,000,000. Fiscal year 2020: $3,359,964,000,000. of 1974, the amounts of revenues of the Fed- (B) Outlays, $255,000,000. Fiscal year 2021: $3,530,324,000,000. eral Old-Age and Survivors Insurance Trust Fiscal year 2017: (B) The amounts by which the aggregate Fund and the Federal Disability Insurance (A) New budget authority, $261,000,000. levels of Federal revenues should be changed Trust Fund are as follows: (B) Outlays, $261,000,000. are as follows: Fiscal year 2012: $666,758,000,000. Fiscal year 2018: Fiscal year 2012: ¥$14,350,000,000. Fiscal year 2013: $732,105,000,000. (A) New budget authority, $268,000,000. Fiscal year 2013: ¥$188,214,000,000. Fiscal year 2014: $769,108,000,000. (B) Outlays, $268,000,000. Fiscal year 2014: ¥$228,104,000,000. Fiscal year 2015: $811,035,000,000. Fiscal year 2019: Fiscal year 2015: ¥$199,492,000,000. Fiscal year 2016: $853,968,000,000. (A) New budget authority, $274,000,000. Fiscal year 2016: ¥$190,208,000,000. Fiscal year 2017: $895,427,000,000. (B) Outlays, $274,000,000. Fiscal year 2017: ¥$253,232,000,000. Fiscal year 2018: $936,497,000,000. Fiscal year 2020: Fiscal year 2018: ¥$276,970,000,000. Fiscal year 2019: $979,561,000,000. (A) New budget authority, $281,000,000. Fiscal year 2019: ¥$303,356,000,000. Fiscal year 2020: $1,021,966,000,000. (B) Outlays, $281,000,000. Fiscal year 2020: ¥$320,546,000,000. Fiscal year 2021: $1,066,862,000,000. Fiscal year 2021: Fiscal year 2021: ¥$353,259,000,000. (b) SOCIAL SECURITY OUTLAYS.—For pur- (A) New budget authority, $289,000,000. (2) NEW BUDGET AUTHORITY.—For purposes poses of Senate enforcement under sections (B) Outlays, $289,000,000. of the enforcement of this resolution, the ap- 302 and 311 of the Congressional Budget Act SEC. 104. MAJOR FUNCTIONAL CATEGORIES. propriate levels of total new budget author- of 1974, the amounts of outlays of the Fed- Congress determines and declares that the ity are as follows: eral Old-Age and Survivors Insurance Trust appropriate levels of new budget authority Fiscal year 2012: $3,125,156,000,000. Fund and the Federal Disability Insurance and outlays for fiscal years 2011 through 2021 Fiscal year 2013: $3,100,451,000,000. Trust Fund are as follows: for each major functional category are: Fiscal year 2014: $3,315,659,000,000. Fiscal year 2012: $573,819,000,000. (1) National Defense (050): Fiscal year 2015: $3,514,460,000,000. Fiscal year 2013: $637,624,000,000. Fiscal year 2012: Fiscal year 2016: $3,753,448,000,000. Fiscal year 2014: $674,445,000,000. (A) New budget authority, $702,843,000,000. Fiscal year 2017: $3,939,325,000,000. Fiscal year 2015: $712,315,000,000. (B) Outlays, $724,244,000,000. Fiscal year 2018: $4,111,173,000,000. Fiscal year 2016: $752,298,000,000. Fiscal year 2013: Fiscal year 2019: $4,348,530,000,000. Fiscal year 2017: $796,835,000,000. (A) New budget authority, $652,362,000,000. Fiscal year 2020: $4,587,593,000,000. Fiscal year 2018: $845,176,000,000. (B) Outlays, $693,705,000,000. Fiscal year 2021: $4,792,920,000,000. Fiscal year 2019: $896,880,000,000. Fiscal year 2014: (3) BUDGET OUTLAYS.—For purposes of the Fiscal year 2020: $953,497,000,000. (A) New budget authority, $668,636,000,000. enforcement of this resolution, the appro- Fiscal year 2021: $1,012,210,000,000. (B) Outlays, $672,109,000,000. priate levels of total budget outlays are as (c) SOCIAL SECURITY ADMINISTRATIVE EX- Fiscal year 2015: follows: PENSES.—In the Senate, the amounts of new (A) New budget authority, $681,259,000,000. Fiscal year 2012: $3,126,667,000,000. budget authority and budget outlays of the (B) Outlays, $672,837,000,000. Fiscal year 2013: $3,155,807,000,000. Federal Old-Age and Survivors Insurance Fiscal year 2016: Fiscal year 2014: $3,295,189,000,000. Trust Fund and the Federal Disability Insur- (A) New budget authority, $694,497,000,000. Fiscal year 2015: $3,471,671,000,000. ance Trust Fund for administrative expenses (B) Outlays, $684,457,000,000. Fiscal year 2016: $3,716,602,000,000. are as follows: Fiscal year 2017: Fiscal year 2017: $3,883,405,000,000. Fiscal year 2012: (A) New budget authority, $706,109,000,000. Fiscal year 2018: $4,043,545,000,000. (A) New budget authority, $6,337,000,000. (B) Outlays, $692,517,000,000. Fiscal year 2019: $4,295,770,000,000. (B) Outlays, $6,267,000,000. Fiscal year 2018: Fiscal year 2020: $4,521,290,000,000. Fiscal year 2013: (A) New budget authority, $718,181,000,000. Fiscal year 2021: $4,735,320,000,000. (A) New budget authority, $6,266,000,000. (B) Outlays, $700,474,000,000. (4) DEFICITS.—For purposes of the enforce- (B) Outlays, $6,238,000,000. Fiscal year 2019: ment of this resolution, the amounts of the Fiscal year 2014: (A) New budget authority, $730,395,000,000. deficits are as follows: (A) New budget authority, $6,403,000,000. (B) Outlays, $717,730,000,000. Fiscal year 2012: $1,249,605,000,000. (B) Outlays, $6,389,000,000. Fiscal year 2020: Fiscal year 2013: $989,066,000,000. Fiscal year 2015: (A) New budget authority, $742,600,000,000. Fiscal year 2014: $852,418,000,000. (A) New budget authority, $6,623,000,000. (B) Outlays, $729,739,000,000. Fiscal year 2015: $840,261,000,000. (B) Outlays, $6,583,000,000. Fiscal year 2021: Fiscal year 2016: $935,618,000,000. Fiscal year 2016: (A) New budget authority, $755,330,000,000. Fiscal year 2017: $961,325,000,000. (A) New budget authority, $6,779,000,000. (B) Outlays, $742,007,000,000. Fiscal year 2018: $986,052,000,000. (B) Outlays, $6,743,000,000. (2) International Affairs (150): Fiscal year 2019: $1,096,310,000,000. Fiscal year 2017: Fiscal year 2012: Fiscal year 2020: $1,161,326,000,000. (A) New budget authority, $6,963,000,000. (A) New budget authority, $65,915,000,000. Fiscal year 2021: $1,204,996,000,000. (B) Outlays, $6,926,000,000. (B) Outlays, $57,477,000,000. (5) PUBLIC DEBT.—Pursuant to section Fiscal year 2018: Fiscal year 2013: 301(a)(5) of the Congressional Budget Act of (A) New budget authority, $7,158,000,000. (A) New budget authority, $57,982,000,000. 1974, the appropriate levels of the public debt (B) Outlays, $7,119,000,000. (B) Outlays, $58,841,000,000. are as follows: Fiscal year 2019: Fiscal year 2014: Fiscal year 2012: $16,457,110,000,000. (A) New budget authority, $7,361,000,000. (A) New budget authority, $55,518,000,000. Fiscal year 2013: $17,612,444,000,000. (B) Outlays, $7,319,000,000. (B) Outlays, $58,636,000,000. Fiscal year 2014: $18,659,881,000,000. Fiscal year 2020: Fiscal year 2015: Fiscal year 2015: $19,722,310,000,000. (A) New budget authority, $7,568,000,000. (A) New budget authority, $55,252,000,000. Fiscal year 2016: $20,888,011,000,000. (B) Outlays, $7,526,000,000. (B) Outlays, $57,052,000,000. Fiscal year 2017: $22,098,498,000,000. Fiscal year 2021: Fiscal year 2016: Fiscal year 2018: $23,354,118,000,000. (A) New budget authority, $7,787,000,000. (A) New budget authority, $55,452,000,000. Fiscal year 2019: $24,713,012,000,000. (B) Outlays, $7,742,000,000. (B) Outlays, $57,352,000,000.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3186 CONGRESSIONAL RECORD — SENATE May 19, 2011 Fiscal year 2017: (B) Outlays, $37,419,000,000. Fiscal year 2013: (A) New budget authority, $58,018,000,000. Fiscal year 2015: (A) New budget authority, $108,785,000,000. (B) Outlays, $58,238,000,000. (A) New budget authority, $36,294,000,000. (B) Outlays, $105,844,000,000. Fiscal year 2018: (B) Outlays, $37,303,000,000. Fiscal year 2014: (A) New budget authority, $60,083,000,000. Fiscal year 2016: (A) New budget authority, $114,490,000,000. (B) Outlays, $58,932,000,000. (A) New budget authority, $37,303,000,000. (B) Outlays, $108,203,000,000. Fiscal year 2019: (B) Outlays, $37,210,000,000. Fiscal year 2015: (A) New budget authority, $61,194,000,000. Fiscal year 2017: (A) New budget authority, $121,785,000,000. (B) Outlays, $58,425,000,000. (A) New budget authority, $38,116,000,000. (B) Outlays, $112,574,000,000. Fiscal year 2020: (B) Outlays, $37,791,000,000. Fiscal year 2016: (A) New budget authority, $62,327,000,000. Fiscal year 2018: (A) New budget authority, $128,597,000,000. (B) Outlays, $58,448,000,000. (A) New budget authority, $39,544,000,000. (B) Outlays, $117,524,000,000. Fiscal year 2021: (B) Outlays, $37,951,000,000. Fiscal year 2017: (A) New budget authority, $63,511,000,000. Fiscal year 2019: (A) New budget authority, $135,552,000,000. (B) Outlays, $59,399,000,000. (A) New budget authority, $40,317,000,000. (B) Outlays, $122,198,000,000. (3) General Science, Space, and Technology (B) Outlays, $38,664,000,000. Fiscal year 2018: (250): Fiscal year 2020: (A) New budget authority, $132,463,000,000. Fiscal year 2012: (A) New budget authority, $41,684,000,000. (B) Outlays, $126,424,000,000. (A) New budget authority, $32,566,000,000. (B) Outlays, $39,850,000,000. Fiscal year 2019: (B) Outlays, $31,963,000,000. Fiscal year 2021: (A) New budget authority, $134,362,000,000. Fiscal year 2013: (A) New budget authority, $42,151,000,000. (B) Outlays, $129,602,000,000. (A) New budget authority, $31,473,000,000. (B) Outlays, $40,392,000,000. Fiscal year 2020: (B) Outlays, $31,890,000,000. (6) Agriculture (350): (A) New budget authority, $136,317,000,000. Fiscal year 2014: Fiscal year 2012: (B) Outlays, $132,062,000,000. (A) New budget authority, $31,400,000,000. (A) New budget authority, $20,966,000,000. Fiscal year 2021: (B) Outlays, $31,661,000,000. (B) Outlays, $20,395,000,000. (A) New budget authority, $138,332,000,000. Fiscal year 2015: Fiscal year 2013: (B) Outlays, $133,399,000,000. (A) New budget authority, $31,528,000,000. (A) New budget authority, $21,630,000,000. (9) Community and Regional Development (B) Outlays, $31,431,000,000. (B) Outlays, $23,476,000,000. (450): Fiscal year 2016: Fiscal year 2014: Fiscal year 2012: (A) New budget authority, $32,587,000,000. (A) New budget authority, $21,970,000,000. (A) New budget authority, $15,304,000,000. (B) Outlays, $32,164,000,000. (B) Outlays, $21,602,000,000. (B) Outlays, $26,367,000,000. Fiscal year 2017: Fiscal year 2015: Fiscal year 2013: (A) New budget authority, $33,411,000,000. (A) New budget authority, $21,523,000,000. (A) New budget authority, $15,284,000,000. (B) Outlays, $32,888,000,000. (B) Outlays, $20,923,000,000. (B) Outlays, $24,438,000,000. Fiscal year 2018: Fiscal year 2016: Fiscal year 2014: (A) New budget authority, $34,190,000,000. (A) New budget authority, $21,723,000,000. (A) New budget authority, $15,460,000,000. (B) Outlays, $33,684,000,000. (B) Outlays, $21,140,000,000. (B) Outlays, $22,308,000,000. Fiscal year 2019: Fiscal year 2017: Fiscal year 2015: (A) New budget authority, $34,969,000,000. (A) New budget authority, $21,777,000,000. (A) New budget authority, $15,745,000,000. (B) Outlays, $34,441,000,000. (B) Outlays, $21,149,000,000. (B) Outlays, $18,448,000,000. Fiscal year 2020: Fiscal year 2018: Fiscal year 2016: (A) New budget authority, $35,695,000,000. (A) New budget authority, $22,053,000,000. (A) New budget authority, $16,152,000,000. (B) Outlays, $35,229,000,000. (B) Outlays, $21,404,000,000. (B) Outlays, $16,863,000,000. Fiscal year 2021: Fiscal year 2019: Fiscal year 2017: (A) New budget authority, $36,607,000,000. (A) New budget authority, $22,309,000,000. (A) New budget authority, $16,584,000,000. (B) Outlays, $35,946,000,000. (B) Outlays, $21,643,000,000. (B) Outlays, $16,192,000,000. (4) Energy (270): Fiscal year 2020: Fiscal year 2018: Fiscal year 2012: (A) New budget authority, $22,623,000,000. (A) New budget authority, $17,038,000,000. (A) New budget authority, $14,289,000,000. (B) Outlays, $21,956,000,000. (B) Outlays, $16,065,000,000. (B) Outlays, $21,707,000,000. Fiscal year 2021: Fiscal year 2019: Fiscal year 2013: (A) New budget authority, $22,904,000,000. (A) New budget authority, $17,509,000,000. (A) New budget authority, $10,610,000,000. (B) Outlays, $22,246,000,000. (B) Outlays, $16,428,000,000. (B) Outlays, $16,888,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2020: Fiscal year 2014: Fiscal year 2012: (A) New budget authority, $17,967,000,000. (A) New budget authority, $7,602,000,000. (A) New budget authority, $28,301,000,000. (B) Outlays, $16,875,000,000. (B) Outlays, $10,604,000,000. (B) Outlays, $29,098,000,000. Fiscal year 2021: Fiscal year 2015: Fiscal year 2013: (A) New budget authority, $18,475,000,000. (A) New budget authority, $6,288,000,000. (A) New budget authority, $16,460,000,000. (B) Outlays, $17,347,000,000. (B) Outlays, $7,117,000,000. (B) Outlays, $14,912,000,000. (10) Education, Training, Employment, and Fiscal year 2016: Fiscal year 2014: Social Services (500): (A) New budget authority, $6,262,000,000. (A) New budget authority, $14,909,000,000. Fiscal year 2012: (B) Outlays, $6,189,000,000. (B) Outlays, ¥$325,000,000. (A) New budget authority, $107,785,000,000. Fiscal year 2017: Fiscal year 2015: (B) Outlays, $117,304,000,000. (A) New budget authority, $6,267,000,000. (A) New budget authority, $14,724,000,000. Fiscal year 2013: (B) Outlays, $5,899,000,000. (B) Outlays, ¥$3,102,000,000. (A) New budget authority, $100,681,000,000. Fiscal year 2018: Fiscal year 2016: (B) Outlays, $103,526,000,000. (A) New budget authority, $6,408,000,000. (A) New budget authority, $15,193,000,000. Fiscal year 2014: (B) Outlays, $5,997,000,000. (B) Outlays, ¥$5,647,000,000. (A) New budget authority, $106,163,000,000. Fiscal year 2019: Fiscal year 2017: (B) Outlays, $105,009,000,000. (A) New budget authority, $6,667,000,000. (A) New budget authority, $17,275,000,000. Fiscal year 2015: (B) Outlays, $5,928,000,000. (B) Outlays, ¥$6,557,000,000. (A) New budget authority, $110,943,000,000. Fiscal year 2020: Fiscal year 2018: (B) Outlays, $109,928,000,000. (A) New budget authority, $6,686,000,000. (A) New budget authority, $18,584,000,000. Fiscal year 2016: (B) Outlays, $5,859,000,000. (B) Outlays, ¥$7,780,000,000. (A) New budget authority, $117,863,000,000. Fiscal year 2021: Fiscal year 2019: (B) Outlays, $115,088,000,000. (A) New budget authority, $6,825,000,000. (A) New budget authority, $20,922,000,000. Fiscal year 2017: (B) Outlays, $5,975,000,000. (B) Outlays, $2,830,000,000. (A) New budget authority, $121,741,000,000. (5) Natural Resources and Environment Fiscal year 2020: (B) Outlays, $119,756,000,000. (300): (A) New budget authority, $28,282,000,000. Fiscal year 2018: Fiscal year 2012: (B) Outlays, $8,645,000,000. (A) New budget authority, $123,533,000,000. (A) New budget authority, $37,299,000,000. Fiscal year 2021: (B) Outlays, $122,340,000,000. (B) Outlays, $40,636,000,000. (A) New budget authority, $21,546,000,000. Fiscal year 2019: Fiscal year 2013: (B) Outlays, $3,019,000,000. (A) New budget authority, $125,410,000,000. (A) New budget authority, $35,882,000,000. (8) Transportation (400): (B) Outlays, $124,132,000,000. (B) Outlays, $38,450,000,000. Fiscal year 2012: Fiscal year 2020: Fiscal year 2014: (A) New budget authority, $144,397,000,000. (A) New budget authority, $126,767,000,000. (A) New budget authority, $36,229,000,000. (B) Outlays, $98,621,000,000. (B) Outlays, $125,749,000,000.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3187 Fiscal year 2021: (A) New budget authority, $547,509,000,000. (B) Outlays, $59,808,000,000. (A) New budget authority, $128,562,000,000. (B) Outlays, $543,386,000,000. Fiscal year 2018: (B) Outlays, $127,336,000,000. Fiscal year 2020: (A) New budget authority, $60,848,000,000. (11) Health (550): (A) New budget authority, $559,122,000,000. (B) Outlays, $61,743,000,000. Fiscal year 2012: (B) Outlays, $554,836,000,000. Fiscal year 2019: (A) New budget authority, $359,390,000,000. Fiscal year 2021: (A) New budget authority, $62,427,000,000. (B) Outlays, $362,012,000,000. (A) New budget authority, $571,727,000,000. (B) Outlays, $62,080,000,000. Fiscal year 2013: (B) Outlays, $567,211,000,000. Fiscal year 2020: (A) New budget authority, $374,467,000,000. (14) Social Security (650): (A) New budget authority, $66,045,000,000. (B) Outlays, $372,417,000,000. Fiscal year 2012: (B) Outlays, $65,430,000,000. Fiscal year 2014: (A) New budget authority, $54,745,000,000. Fiscal year 2021: (A) New budget authority, $455,790,000,000. (B) Outlays, $55,283,000,000. (A) New budget authority, $68,662,000,000. (B) Outlays, $438,883,000,000. Fiscal year 2013: (B) Outlays, $68,039,000,000. Fiscal year 2015: (A) New budget authority, $29,094,000,000. (17) General Government (800): (A) New budget authority, $519,559,000,000. (B) Outlays, $29,256,000,000. Fiscal year 2012: (B) Outlays, $507,922,000,000. Fiscal year 2014: (A) New budget authority, $27,995,000,000. Fiscal year 2016: (A) New budget authority, $32,699,000,000. (B) Outlays, $31,428,000,000. (A) New budget authority, $566,166,000,000. (B) Outlays, $32,776,000,000. Fiscal year 2013: (B) Outlays, $570,707,000,000. Fiscal year 2015: (A) New budget authority, $28,677,000,000. Fiscal year 2017: (A) New budget authority, $36,259,000,000. (B) Outlays, $29,928,000,000. (A) New budget authority, $608,114,000,000. (B) Outlays, $36,311,000,000. Fiscal year 2014: (B) Outlays, $611,004,000,000. Fiscal year 2016: (A) New budget authority, $30,765,000,000. Fiscal year 2018: (A) New budget authority, $40,171,000,000. (B) Outlays, $31,633,000,000. (A) New budget authority, $649,482,000,000. (B) Outlays, $40,171,000,000. Fiscal year 2015: (B) Outlays, $647,047,000,000. Fiscal year 2017: (A) New budget authority, $33,031,000,000. Fiscal year 2019: (A) New budget authority, $44,265,000,000. (B) Outlays, $33,570,000,000. (A) New budget authority, $695,131,000,000. (B) Outlays, $44,263,000,000. Fiscal year 2016: (B) Outlays, $692,103,000,000. Fiscal year 2018: (A) New budget authority, $35,618,000,000. Fiscal year 2020: (A) New budget authority, $48,721,000,000. (B) Outlays, $35,634,000,000. (A) New budget authority, $749,822,000,000. (B) Outlays, $48,717,000,000. Fiscal year 2017: (B) Outlays, $736,279,000,000. Fiscal year 2019: (A) New budget authority, $37,901,000,000. Fiscal year 2021: (A) New budget authority, $53,514,000,000. (B) Outlays, $37,702,000,000. (A) New budget authority, $789,029,000,000. (B) Outlays, $53,508,000,000. Fiscal year 2018: (B) Outlays, $785,268,000,000. Fiscal year 2020: (A) New budget authority, $40,289,000,000. (12) Medicare (570): (A) New budget authority, $58,560,000,000. (B) Outlays, $40,007,000,000. Fiscal year 2012: (B) Outlays, $58,552,000,000. Fiscal year 2019: (A) New budget authority, $495,757,000,000. Fiscal year 2021: (A) New budget authority, $42,773,000,000. (B) Outlays, $495,426,000,000. (A) New budget authority, $64,063,000,000. (B) Outlays, $42,240,000,000. Fiscal year 2013: (B) Outlays, $64,053,000,000. Fiscal year 2020: (A) New budget authority, $539,025,000,000. (15) Veterans Benefits and Services (700): (A) New budget authority, $45,125,000,000. (B) Outlays, $539,219,000,000. Fiscal year 2012: (B) Outlays, $44,635,000,000. Fiscal year 2014: (A) New budget authority, $128,332,000,000. Fiscal year 2021: (A) New budget authority, $570,645,000,000. (B) Outlays, $127,972,000,000. (A) New budget authority, $47,535,000,000. (B) Outlays, $570,567,000,000. Fiscal year 2013: (B) Outlays, $46,949,000,000. Fiscal year 2015: (A) New budget authority, $130,012,000,000. (18) Net Interest (900): (A) New budget authority, $596,137,000,000. (B) Outlays, $130,013,000,000. Fiscal year 2012: (B) Outlays, $595,989,000,000. Fiscal year 2014: (A) New budget authority, $376,438,000,000. Fiscal year 2016: (A) New budget authority, $134,125,000,000. (B) Outlays, $376,438,000,000. (A) New budget authority, $645,818,000,000. (B) Outlays, $134,037,000,000. Fiscal year 2013: (B) Outlays, $646,017,000,000. Fiscal year 2015: (A) New budget authority, $443,931,000,000. Fiscal year 2017: (A) New budget authority, $138,143,000,000. (B) Outlays, $443,931,000,000. (A) New budget authority, $669,667,000,000. (B) Outlays, $137,827,000,000. Fiscal year 2014: (B) Outlays, $669,549,000,000. Fiscal year 2016: (A) New budget authority, $526,131,000,000. Fiscal year 2018: (A) New budget authority, $147,382,000,000. (B) Outlays, $526,131,000,000. (A) New budget authority, $694,799,000,000. (B) Outlays, $146,480,000,000. Fiscal year 2015: (B) Outlays, $694,627,000,000. Fiscal year 2017: (A) New budget authority, $610,353,000,000. Fiscal year 2019: (A) New budget authority, $146,311,000,000. (B) Outlays, $610,353,000,000. (A) New budget authority, $757,794,000,000. (B) Outlays, $145,692,000,000. Fiscal year 2016: (B) Outlays, $757,986,000,000. Fiscal year 2018: (A) New budget authority, $698,055,000,000. Fiscal year 2020: (A) New budget authority, $145,399,000,000. (B) Outlays, $698,055,000,000. (A) New budget authority, $812,846,000,000. (B) Outlays, $144,738,000,000. Fiscal year 2017: (B) Outlays, $812,722,000,000. Fiscal year 2019: (A) New budget authority, $784,840,000,000. Fiscal year 2021: (A) New budget authority, $155,078,000,000. (B) Outlays, $784,840,000,000. (A) New budget authority, $870,672,000,000. (B) Outlays, $154,394,000,000. Fiscal year 2018: (B) Outlays, $870,524,000,000. Fiscal year 2020: (A) New budget authority, $867,232,000,000. (13) Income Security (600): (A) New budget authority, $159,666,000,000. (B) Outlays, $867,232,000,000. Fiscal year 2012: (B) Outlays, $158,965,000,000. Fiscal year 2019: (A) New budget authority, $537,181,000,000. Fiscal year 2021: (A) New budget authority, $944,553,000,000. (B) Outlays, $532,169,000,000. (A) New budget authority, $164,367,000,000. (B) Outlays, $944,553,000,000. Fiscal year 2013: (B) Outlays, $163,608,000,000. Fiscal year 2020: (A) New budget authority, $524,400,000,000. (16) Administration of Justice (750): (A) New budget authority, $1,023,637,000,000. (B) Outlays, $523,134,000,000. Fiscal year 2012: (B) Outlays, $1,023,637,000,000. Fiscal year 2014: (A) New budget authority, $55,432,000,000. Fiscal year 2021: (A) New budget authority, $522,748,000,000. (B) Outlays, $57,550,000,000. (A) New budget authority, $1,095,247,000,000. (B) Outlays, $521,431,000,000. Fiscal year 2013: (B) Outlays, $1,095,247,000,000. Fiscal year 2015: (A) New budget authority, $61,315,000,000. (19) Allowances (920): (A) New budget authority, $520,252,000,000. (B) Outlays, $57,366,000,000. Fiscal year 2012: (B) Outlays, $517,774,000,000. Fiscal year 2014: (A) New budget authority, $0. Fiscal year 2016: (A) New budget authority, $55,543,000,000. (B) Outlays, $356,000,000. (A) New budget authority, $527,507,000,000. (B) Outlays, $57,598,000,000. Fiscal year 2013: (B) Outlays, $528,613,000,000. Fiscal year 2015: (A) New budget authority, $0. Fiscal year 2017: (A) New budget authority, $56,239,000,000. (B) Outlays, $142,000,000. (A) New budget authority, $527,892,000,000. (B) Outlays, $58,268,000,000. Fiscal year 2014: (B) Outlays, $524,402,000,000. Fiscal year 2016: (A) New budget authority, $0. Fiscal year 2018: (A) New budget authority, $59,732,000,000. (B) Outlays, $71,000,000. (A) New budget authority, $532,056,000,000. (B) Outlays, $60,855,000,000. Fiscal year 2015: (B) Outlays, $523,673,000,000. Fiscal year 2017: (A) New budget authority, $0. Fiscal year 2019: (A) New budget authority, $59,411,000,000. (B) Outlays, $0.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3188 CONGRESSIONAL RECORD — SENATE May 19, 2011 Fiscal year 2016: continuing disability reviews and Supple- (III) for fiscal year 2014, an appropriation (A) New budget authority, $0. mental Security Income redeterminations of $640,000,000; (B) Outlays, $0. for the Social Security Administration, then (IV) for fiscal year 2015, an appropriation of Fiscal year 2017: the allocation to the Committee on Appro- $672,000,000; and (A) New budget authority, $0. priations of the Senate, and aggregates for (V) for fiscal year 2016, an appropriation of (B) Outlays, $0. that year may be adjusted by the amount in $706,000,000. Fiscal year 2018: budget authority and outlays flowing there- (D) UNEMPLOYMENT INSURANCE IMPROPER (A) New budget authority, $0. from not to exceed the additional appropria- PAYMENT REVIEWS.— (B) Outlays, $0. tion provided in such legislation for that (i) IN GENERAL.—If a bill or joint resolution Fiscal year 2019: purpose for that fiscal year. is reported making appropriations in a fiscal (A) New budget authority, $0. (ii) AMOUNTS SPECIFIED.—The amounts year of the amount specified in clause (ii) for (B) Outlays, $0. specified are— in-person reemployment and eligibility as- Fiscal year 2020: (I) for fiscal year 2012, an appropriation of sessments and unemployment insurance im- (A) New budget authority, $0. $315,000,000, and an additional appropriation proper payment reviews, and provides an ad- (B) Outlays, $0. $623,000,000; ditional appropriation of up to an amount Fiscal year 2021: (II) for fiscal year 2013, an appropriation of further specified in clause (ii) for in-person (A) New budget authority, $0. $327,000,000, and an additional appropriation reemployment and eligibility assessments (B) Outlays, $0. $751,000,000; and unemployment insurance improper pay- ment reviews, then the allocation to the (20) Undistributed Offsetting Receipts (950): (III) for fiscal year 2014, an appropriation Committee on Appropriations of the Senate, Fiscal year 2012: of $340,000,000, and an additional appropria- ¥ and aggregates for that year may be adjusted (A) New budget authority, $79,779,000,000. tion $924,000,000; ¥ by an amount in budget authority and out- (B) Outlays, $79,779,000,000. (IV) for fiscal year 2015, an appropriation of lays flowing therefrom not to exceed the ad- Fiscal year 2013: $353,000,000, and an additional appropriation ¥ ditional appropriation provided in such legis- (A) New budget authority, $81,619,000,000. $1,123,000,000; and ¥ lation for that purpose for that fiscal year. (B) Outlays, $81,619,000,000. (V) for fiscal year 2016, an appropriation of (ii) AMOUNTS SPECIFIED.—The amounts Fiscal year 2014: $366,000,000, and an additional appropriation ¥ specified are— (A) New budget authority, $85,164,000,000. $1,166,000,000. (B) Outlays, ¥$85,164,000,000. (I) for fiscal year 2012, an appropriation of (B) INTERNAL REVENUE SERVICE TAX EN- $10,000,000, and an additional appropriation Fiscal year 2015: FORCEMENT.— ¥ $60,000,000; (A) New budget authority, $90,854,000,000. (i) IN GENERAL.—If a bill or joint resolution (B) Outlays, ¥$90,854,000,000. (II) for fiscal year 2013, an appropriation of is reported making appropriations in a fiscal $11,000,000, and an additional appropriation Fiscal year 2016: year to the Internal Revenue Service of not ¥ $65,000,000; (A) New budget authority, $92,630,000,000. less than the amount specified in clause (ii) (B) Outlays, ¥$92,630,000,000. (III) for fiscal year 2014, an appropriation for tax enforcement to address the Federal of $11,000,000, and an additional appropria- Fiscal year 2017: tax gap (taxes owed but not paid), of which ¥ tion $70,000,000; (A) New budget authority, $93,926,000,000. not less than the amount further specified in (B) Outlays, ¥$93,926,000,000. (IV) for fiscal year 2015, an appropriation of clause (ii) shall be available for additional or $11,000,000, and an additional appropriation Fiscal year 2018: enhanced tax enforcement, or both, then the ¥ $75,000,000; and (A) New budget authority, $99,730,000,000. allocation to the Committee on Appropria- ¥ (V) for fiscal year 2016, an appropriation of (B) Outlays, $99,730,000,000. tions of the Senate, and aggregates for that Fiscal year 2019: $11,000,000, and an additional appropriation year may be adjusted by the amount in budg- $80,000,000. (A) New budget authority, et authority and outlays flowing therefrom ¥$104,303,000,000. (3) ADJUSTMENTS TO SUPPORT ONGOING not to exceed the amount of additional or en- OVERSEAS DEPLOYMENTS AND OTHER ACTIVI- (B) Outlays, ¥$104,303,000,000. hanced tax enforcement provided in such leg- TIES.— Fiscal year 2020: islation for that fiscal year. (A) ADJUSTMENTS.—The Chairman of the (A) New budget authority, (ii) AMOUNTS SPECIFIED.—The amounts Committee on the Budget of the Senate may ¥$108,178,000,000. specified are— adjust the allocations to the Committee on (B) Outlays, ¥$108,178,000,000. (I) for fiscal year 2012, an appropriation of Appropriations of the Senate, and aggregates Fiscal year 2021: $7,233,000,000, of which not less than for one or more— (A) New budget authority, $1,257,000,000 is available for additional or en- (i) bills reported by the Committee on Ap- ¥$112,645,000,000. hanced tax enforcement; propriations of the Senate or passed by the (B) Outlays, ¥$112,645,000,000. (II) for fiscal year 2013, an appropriation of House of Representatives; TITLE II—BUDGET PROCESS $7,663,000,000, of which not less than (ii) joint resolutions or amendments re- Subtitle A—Budget Enforcement $1,674,000,000 is available for additional or en- ported by the Committee on Appropriations SEC. 201. PROGRAM INTEGRITY INITIATIVES AND hanced tax enforcement; of the Senate; OTHER ADJUSTMENTS. (III) for fiscal year 2014, an appropriation (iii) amendments between the Houses re- (a) ADJUSTMENTS IN THE SENATE.— of $7,815,000,000, of which not less than ceived from the House of Representatives or (1) IN GENERAL.—After the reporting of a $2,105,000,000 is available for additional or en- Senate amendments offered by the authority bill or joint resolution relating to any mat- hanced tax enforcement; of the Committee on Appropriations of the ter described in paragraph (2), or the offering (IV) for fiscal year 2015, an appropriation of Senate; or of an amendment or motion thereto or the $7,972,000,000, of which not less than (iv) conference reports; submission of a conference report thereon— $2,568,000,000 is available for additional or en- making appropriations for overseas deploy- (A) the Chairman of the Committee on the hanced tax enforcement; and ments and other activities. Budget of the Senate may adjust the budg- (V) for fiscal year 2016, an appropriation of SEC. 202. POINT OF ORDER AGAINST ADVANCE etary aggregates, and allocations pursuant $8,131,000,000, of which not less than APPROPRIATIONS. to section 302(a) of the Congressional Budget $3,125,000,000 is available for additional or en- (a) IN GENERAL.— Act of 1974, by the amount of new budget au- hanced tax enforcement. (1) POINT OF ORDER.—Except as provided in thority in that measure for that purpose and (C) HEALTH CARE FRAUD AND ABUSE CON- subsection (b), it shall not be in order in the the outlays flowing therefrom; and TROL.— Senate to consider any bill, joint resolution, (B) following any adjustment under sub- (i) IN GENERAL.—If a bill or joint resolution motion, amendment, or conference report paragraph (A), the Committee on Appropria- is reported making appropriations in a fiscal that would provide an advance appropria- tions of the Senate may report appropriately year of up to the amount specified in clause tion. revised suballocations pursuant to section (ii) to the Health Care Fraud and Abuse Con- (2) DEFINITION.—In this section, the term 302(b) of the Congressional Budget Act of 1974 trol program at the Department of Health ‘‘advance appropriation’’ means any new to carry out this subsection. and Human Services, then the allocation to budget authority provided in a bill or joint (2) MATTERS DESCRIBED.—Matters referred the Committee on Appropriations of the Sen- resolution making appropriations for fiscal to in paragraph (1) are as follows: ate, and aggregates for that year may be ad- year 2012 that first becomes available for any (A) CONTINUING DISABILITY REVIEWS AND SSI justed in an amount not to exceed the fiscal year after 2012, or any new budget au- REDETERMINATIONS.— amount in budget authority and outlays thority provided in a bill or joint resolution (i) IN GENERAL.—If a bill or joint resolution flowing therefrom provided for that program making general appropriations or continuing is reported making appropriations in a fiscal for that fiscal year. appropriations for fiscal year 2013, that first year of the amount specified in clause (ii) for (ii) AMOUNTS SPECIFIED.—The amounts becomes available for any fiscal year after continuing disability reviews and Supple- specified are— 2013. mental Security Income redeterminations (I) for fiscal year 2012, an appropriation of (b) EXCEPTIONS.—Advance appropriations for the Social Security Administration, and $581,000,000; may be provided— provides an additional appropriation of an (II) for fiscal year 2013, an appropriation of (1) for fiscal years 2013 for programs, amount further specified in clause (ii) for $610,000,000; projects, activities, or accounts identified in

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3189 the joint explanatory statement of managers of the Congressional Budget Act of 1974 for (B) sudden, quickly coming into being, and accompanying this resolution under the deficit-neutral reserve funds and revising not building up over time; heading ‘‘Accounts Identified for Advance discretionary spending limits set pursuant to (C) an urgent, pressing, and compelling Appropriations’’ in an aggregate amount not section 201 of this resolution. need requiring immediate action; to exceed $28,821,000,000 in new budget au- (c) DESIGNATIONS.—If a provision of legisla- (D) subject to paragraph (2), unforeseen, thority in each year; tion is designated as an emergency require- unpredictable, and unanticipated; and (2) for the Corporation for Public Broad- ment under this section, the committee re- (E) not permanent, temporary in nature. casting; port and any statement of managers accom- (2) UNFORESEEN.—An emergency that is (3) for the Department of Veterans Affairs panying that legislation shall include an ex- part of an aggregate level of anticipated for the Medical Services, Medical Support planation of the manner in which the provi- emergencies, particularly when normally es- and Compliance, and Medical Facilities ac- sion meets the criteria in subsection (f). timated in advance, is not unforeseen. counts of the Veterans Health Administra- (d) DEFINITIONS.—In this section, the terms (g) INAPPLICABILITY.—In the Senate, sec- tion; and ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appro- tion 403 of S. Con. Res. 13 (111th Congress), (4) for the Department of Defense for the priations for discretionary accounts’’ mean the concurrent resolution on the budget for Missile Procurement account of the Air any provision of a bill, joint resolution, fiscal year 2010, shall no longer apply. Force for procurement of the Advanced Ex- amendment, motion, or conference report SEC. 204. ADJUSTMENTS FOR THE EXTENSION OF tremely High Frequency satellite. that affects direct spending, receipts, or ap- CERTAIN CURRENT POLICIES. (c) SUPERMAJORITY WAIVER AND APPEAL.— propriations as those terms have been de- (a) ADJUSTMENT.—For the purposes of de- (1) WAIVER.—In the Senate, subsection (a) fined and interpreted for purposes of the Bal- termining points of order specified in sub- may be waived or suspended only by an af- anced Budget and Emergency Deficit Control section (b), the Chairman of the Committee firmative vote of three-fifths of the Mem- Act of 1985. on the Budget of the Senate may adjust the bers, duly chosen and sworn. (e) POINT OF ORDER.— estimate of the budgetary effects of a bill, (2) APPEAL.—An affirmative vote of three- (1) IN GENERAL.—When the Senate is con- joint resolution, amendment, motion, or con- fifths of the Members of the Senate, duly sidering a bill, resolution, amendment, mo- ference report that contains one or more pro- chosen and sworn, shall be required to sus- tion, or conference report, if a point of order visions extending middle-class tax cuts made tain an appeal of the ruling of the Chair on is made by a Senator against an emergency in the Economic Growth and Tax Relief Rec- a point of order raised under subsection (a). designation in that measure, that provision onciliation Act of 2001 (Public Law 107–16) (d) FORM OF POINT OF ORDER.—A point of making such a designation shall be stricken and the Jobs and Growth Tax Relief and Rec- order under subsection (a) may be raised by from the measure and may not be offered as onciliation Act of 2003 (Public Law 108–27), a Senator as provided in section 313(e) of the an amendment from the floor. consistent with section 7(f) of the Statutory Congressional Budget Act of 1974. (2) SUPERMAJORITY WAIVER AND APPEALS.— Pay-As-You-Go Act of 2010 (Public Law 111– (e) CONFERENCE REPORTS.—When the Sen- (A) WAIVER.—Paragraph (1) may be waived 139). ate is considering a conference report on, or or suspended in the Senate only by an af- (b) COVERED POINTS OF ORDER.—The Chair- an amendment between the Houses in rela- firmative vote of three-fifths of the Mem- man of the Committee on the Budget of the tion to, a bill, upon a point of order being bers, duly chosen and sworn. Senate may make adjustments pursuant to made by any Senator pursuant to this sec- (B) APPEALS.—Appeals in the Senate from this section for the following points of order tion, and such point of order being sustained, the decisions of the Chair relating to any only: such material contained in such conference provision of this subsection shall be limited (1) Section 201 of S. Con. Res. 21 (110th Con- report shall be deemed stricken, and the Sen- to 1 hour, to be equally divided between, and gress) (relating to pay-as-you-go). ate shall proceed to consider the question of controlled by, the appellant and the manager (2) Section 311 of S. Con. Res. 70 (110th Con- whether the Senate shall recede from its of the bill or joint resolution, as the case gress) (relating to long-term deficits). amendment and concur with a further may be. An affirmative vote of three-fifths of (3) Section 404 of S. Con. Res. 13 (111th Con- amendment, or concur in the House amend- the Members of the Senate, duly chosen and gress) (relating to short-term deficits). ment with a further amendment, as the case sworn, shall be required to sustain an appeal (c) QUALIFYING LEGISLATION.—The Chair- may be, which further amendment shall con- of the ruling of the Chair on a point of order man of the Committee on the Budget of the sist of only that portion of the conference re- raised under this subsection. Senate may make adjustments authorized port or House amendment, as the case may (3) DEFINITION OF AN EMERGENCY DESIGNA- under subsection (a) for legislation con- be, not so stricken. Any such motion in the TION.—For purposes of paragraph (1), a provi- taining provisions that— Senate shall be debatable. In any case in sion shall be considered an emergency des- (1) amend or supersede the system for up- which such point of order is sustained ignation if it designates any item as an dating payments made under subsections against a conference report (or Senate emergency requirement pursuant to this sub- 1848 (d) and (f) of the Social Security Act, amendment derived from such conference re- section. consistent with section 7(c) of the Statutory port by operation of this subsection), no fur- (4) FORM OF THE POINT OF ORDER.—A point Pay-As-You-Go Act of 2010 (Public Law 111– ther amendment shall be in order. of order under paragraph (1) may be raised 139); (f) INAPPLICABILITY.—In the Senate, section by a Senator as provided in section 313(e) of (2) amend the Estate and Gift Tax under 402 of S. Con. Res. 13 (111th Congress) shall the Congressional Budget Act of 1974. subtitle B of the Internal Revenue Code of no longer apply. (5) CONFERENCE REPORTS.—When the Sen- 1986, consistent with section 7(d) of the Stat- SEC. 203. EMERGENCY LEGISLATION. ate is considering a conference report on, or utory Pay-As-You-Go Act of 2010; (a) AUTHORITY TO DESIGNATE.—In the Sen- an amendment between the Houses in rela- (3) extend relief from the Alternative Min- ate, with respect to a provision of direct tion to, a bill, upon a point of order being imum Tax for individuals under sections 55– spending or receipts legislation or appropria- made by any Senator pursuant to this sec- 59 of the Internal Revenue Code of 1986, con- tions for discretionary accounts that Con- tion, and such point of order being sustained, sistent with section 7(e) of the Statutory gress designates as an emergency require- such material contained in such conference Pay-As-You-Go Act of 2010; and ment in such measure, the amounts of new report shall be deemed stricken, and the Sen- (4) extend middle-class tax cuts made in budget authority, outlays, and receipts in all ate shall proceed to consider the question of the Economic Growth and Tax Relief Rec- fiscal years resulting from that provision whether the Senate shall recede from its onciliation Act of 2001 (Public Law 107–16) shall be treated as an emergency require- amendment and concur with a further and the Jobs and Growth Tax Relief and Rec- ment for the purpose of this section. amendment, or concur in the House amend- onciliation Act of 2003 (Public Law 108–27), (b) EXEMPTION OF EMERGENCY PROVI- ment with a further amendment, as the case consistent with section 7(f) of the Statutory SIONS.—Any new budget authority, outlays, may be, which further amendment shall con- Pay-As-You-Go Act of 2010. and receipts resulting from any provision sist of only that portion of the conference re- (d) LIMITATION.—The Chairman shall make designated as an emergency requirement, port or House amendment, as the case may any adjustments pursuant to this section in pursuant to this section, in any bill, joint be, not so stricken. Any such motion in the a manner consistent with the limitations de- resolution, amendment, or conference report Senate shall be debatable under the same scribed in sections 4(c) and 7(h) of the Statu- shall not count for purposes of sections 302 conditions as was the conference report. In tory Pay-As-You-Go Act of 2010. and 311 of the Congressional Budget Act of any case in which such point of order is sus- (e) DEFINITION.—In this section, the terms 1974, section 201 of S. Con. Res. 21 (110th Con- tained against a conference report (or Senate ‘‘budgetary effects’’ or ‘‘effects’’ mean the gress) (relating to pay-as-you-go), section 311 amendment derived from such conference re- amount by which a provision changes direct of S. Con. Res. 70 (110th Congress) (relating port by operation of this subsection), no fur- spending or revenues relative to the baseline. to long-term deficits), and section 404 of S. ther amendment shall be in order. (f) SUNSET.—This section shall expire on Con. Res. 13 (111th Congress) (relating to (f) CRITERIA.— December 31, 2011. short-term deficits), and section 201 of this (1) IN GENERAL.—For purposes of this sec- Subtitle B—Other Provisions resolution (relating to discretionary spend- tion, any provision is an emergency require- SEC. 211. BUDGETARY TREATMENT OF CERTAIN ing). Designated emergency provisions shall ment if the situation addressed by such pro- DISCRETIONARY ADMINISTRATIVE not count for the purpose of revising alloca- vision is— EXPENSES. tions, aggregates, or other levels pursuant to (A) necessary, essential, or vital (not mere- In the Senate, notwithstanding section procedures established under section 301(b)(7) ly useful or beneficial); 302(a)(1) of the Congressional Budget Act of

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3190 CONGRESSIONAL RECORD — SENATE May 19, 2011 1974, section 13301 of the Budget Enforcement this resolution sets forth the appropriate Fiscal year 2021: $3,525,927,664,968. Act of 1990, and section 2009a of title 39, budgetary levels for fiscal years 2012 and 2013 (3) BUDGET OUTLAYS.—For purposes of the United States Code, the joint explanatory through 2021. enforcement of this resolution, the appro- statement accompanying the conference re- (b) TABLE OF CONTENTS.—The table of con- priate levels of total budget outlays are as port on any concurrent resolution on the tents for this concurrent resolution is as fol- follows: budget shall include in its allocations under lows: Fiscal year 2012: $2,896,353,904,000. section 302(a) of the Congressional Budget Sec. 1. Concurrent resolution on the budget Fiscal year 2013: $2,842,056,403,041. Act of 1974 to the Committees on Appropria- for fiscal year 2012. Fiscal year 2014: $2,827,314,337,889. tions amounts for the discretionary adminis- TITLE I—RECOMMENDED LEVELS AND Fiscal year 2015: $2,904,616,149,214. trative expenses of the Social Security Ad- AMOUNTS Fiscal year 2016: $3,005,951,886,975. ministration and of the Postal Service. Fiscal year 2017: $3,049,441,902,412. Sec.101. Recommended levels and amounts. SEC. 212. APPLICATION AND EFFECT OF Fiscal year 2018: $3,101,850,272,744. CHANGES IN ALLOCATIONS AND AG- Sec.102. Social Security. Fiscal year 2019: $3,235,276,947,250. GREGATES. Sec.103. Postal Service discretionary admin- Fiscal year 2020: $3,340,654,777,302. (a) APPLICATION.—Any adjustments of allo- istrative expenses. Fiscal year 2021: $3,471,694,543,538. Sec.104. Major functional categories. cations and aggregates made pursuant to (4) DEFICITS.—For purposes of the enforce- this resolution shall— TITLE II—RESERVE FUNDS ment of this resolution, the amounts of the (1) apply while that measure is under con- Sec.213. Deficit-reduction reserve fund for deficits are as follows: sideration; improper payments. Fiscal year 2012: $1,005,111,904,000. (2) take effect upon the enactment of that TITLE III—BUDGET PROCESS Fiscal year 2013: $610,504,403,041. measure; and Fiscal year 2014: $380,553,337,889. (3) be published in the Congressional Subtitle A—Budget Enforcement Fiscal year 2015: $325,391,149,214. Record as soon as practicable. Sec. 301. Discretionary spending limits for Fiscal year 2016: $336,670,886,975. (b) EFFECT OF CHANGED ALLOCATIONS AND fiscal years 2012 through 2021, Fiscal year 2017: $209,129,902,412. AGGREGATES.—Revised allocations and ag- program integrity initiatives, Fiscal year 2018: $122,419,272,744. gregates resulting from these adjustments and other adjustments. Fiscal year 2019: $106,820,947,250. shall be considered for the purposes of the Sec. 302. Point of order against advance ap- Fiscal year 2020: $38,015,777,302. Congressional Budget Act of 1974 as alloca- propriations. Fiscal year 2021: $¥26,837,456,462. tions and aggregates contained in this reso- Sec. 303. Emergency legislation. (5) PUBLIC DEBT.—Pursuant to section lution. Sec. 304. Adjustments for the extension of 301(a)(5) of the Congressional Budget Act of (c) BUDGET COMMITTEE DETERMINATIONS.— certain current policies. 1974, the appropriate levels of the public debt For purposes of this resolution the levels of Subtitle B—Other Provisions are as follows: new budget authority, outlays, direct spend- Sec. 312. Budgetary treatment of certain dis- Fiscal year 2012: $16,150,766,612,957. ing, new entitlement authority, revenues, cretionary administrative ex- Fiscal year 2013: $16,944,005,708,540. deficits, and surpluses for a fiscal year or pe- penses. Fiscal year 2014: $17,519,924,114,206. riod of fiscal years shall be determined on Sec. 313. Application and effect of changes in Fiscal year 2015: $18,070,606,252,525. the basis of estimates made by the Com- allocations and aggregates. Fiscal year 2016: $18,648,739,710,254. mittee on the Budget of the Senate. Sec. 314. Adjustments to reflect changes in Fiscal year 2017: $19,118,880,934,554. SEC. 213. ADJUSTMENTS TO REFLECT CHANGES concepts and definitions. Fiscal year 2018: $19,529,292,555,156. IN CONCEPTS AND DEFINITIONS. Sec. 315. Exercise of rulemaking powers. Fiscal year 2019: $19,915,346,191,882. Upon the enactment of a bill or joint reso- Fiscal year 2020: $20,249,458,034,565. TITLE II—RECOMMENDED LEVELS AND lution providing for a change in concepts or Fiscal year 2021: $20,551,564,772,761. AMOUNTS definitions, the Chairman of the Committee (6) DEBT HELD BY THE PUBLIC.—The appro- on the Budget of the Senate may make ad- SEC. 101. RECOMMENDED LEVELS AND priate levels of debt held by the public are as justments to the levels and allocations in AMOUNTS. follows: this resolution in accordance with section The following budgetary levels are appro- Fiscal year 2012: $11,350,301,046,369. 251(b) of the Balanced Budget and Emergency priate for each of fiscal years 2011 through Fiscal year 2013: $11,974,151,560,892. Deficit Control Act of 1985 (as in effect prior 2021: Fiscal year 2014: $12,360,931,733,697. to September 30, 2002). (1) FEDERAL REVENUES.—For purposes of Fiscal year 2015: $12,690,980,107,426. the enforcement of this resolution: SEC. 214. EXERCISE OF RULEMAKING POWERS. Fiscal year 2016: $13,024,952,666,769. (A) The recommended levels of Federal Congress adopts the provisions of this Fiscal year 2017: $13,234,036,186,609. revenues are as follows: title— Fiscal year 2018: $13,364,220,300,384. Fiscal year 2012: $1,891,242,000,000. (1) as an exercise of the rulemaking power Fiscal year 2019: $13,483,681,224,381. Fiscal year 2013: $2,231,552,000,000. of the Senate, and as such they shall be con- Fiscal year 2020: $13,550,483,116,937. Fiscal year 2014: $2,446,761,000,000. sidered as part of the rules of the Senate and Fiscal year 2021: $13,564,837,023,727. Fiscal year 2015: $2,579,225,000,000. such rules shall supersede other rules only to Fiscal year 2016: $2,669,281,000,000. SEC. 102. SOCIAL SECURITY. the extent that they are inconsistent with Fiscal year 2017: $2,840,312,000,000. (a) SOCIAL SECURITY REVENUES.—For pur- such other rules; and Fiscal year 2018: $2,979,431,000,000. poses of Senate enforcement under sections (2) with full recognition of the constitu- Fiscal year 2019: $3,128,456,000,000. 302 and 311 of the Congressional Budget Act tional right of the Senate to change those Fiscal year 2020: $3,302,639,000,000. of 1974, the amounts of revenues of the Fed- rules at any time, in the same manner, and Fiscal year 2021: $3,498,532,000,000. eral Old-Age and Survivors Insurance Trust to the same extent as is the case of any other (B) The amounts by which the aggregate Fund and the Federal Disability Insurance rule of the Senate. levels of Federal revenues should be changed Trust Fund are as follows: f are as follows: Fiscal year 2012: $666,758,000,000. ¥ Fiscal year 2013: $732,348,000,000. SENATE CONCURRENT RESOLU- Fiscal year 2012: $169,328,744. Fiscal year 2013: ¥$123,402,692,541. Fiscal year 2014: $769,439,000,000. TION 19—SETTING FORTH THE Fiscal year 2014: ¥$224,114,067,777. Fiscal year 2015: $811,375,000,000. CONGRESSIONAL BUDGET FOR Fiscal year 2015: ¥$251,676,989,105. Fiscal year 2016: $854,319,000,000. THE UNITED STATES GOVERN- Fiscal year 2016: ¥$301,910,570,754. Fiscal year 2017: $895,788,000,000. MENT FOR FISCAL YEAR 2012 Fiscal year 2017: ¥$334,999,321,887. Fiscal year 2018: $936,869,000,000. AND SETTING FORTH THE AP- Fiscal year 2018: ¥$355,031,347,858. Fiscal year 2019: $979,944,000,000. PROPRIATE BUDGETARY LEVELS Fiscal year 2019: ¥$374,359,689,475. Fiscal year 2020: $1,022,361,000,000. ¥ Fiscal year 2021: $1,067,268,000,000. FOR FISCAL YEARS 2013 Fiscal year 2020: $377,871,065,381. Fiscal year 2021: ¥$385,051,194,659. (b) SOCIAL SECURITY OUTLAYS.—For pur- THROUGH 2021 (2) NEW BUDGET AUTHORITY.—For purposes poses of Senate enforcement under sections Mr. TOOMEY submitted the fol- of the enforcement of this resolution, the ap- 302 and 311 of the Congressional Budget Act lowing concurrent resolution; which propriate levels of total new budget author- of 1974, the amounts of outlays of the Fed- was placed on the calendar: ity are as follows: eral Old-Age and Survivors Insurance Trust Fiscal year 2012: $2,800,926,904,000. Fund and the Federal Disability Insurance S. CON. RES. 19 Fiscal year 2013: $2,763,212,403,041. Trust Fund are as follows: Resolved by the Senate (the House of Rep- Fiscal year 2014: $2,821,822,337,889. Fiscal year 2012: $574,011,000,000. resentatives concurring), Fiscal year 2015: $2,925,281,149,214. Fiscal year 2013: $637,688,000,000. SECTION 1. CONCURRENT RESOLUTION ON THE Fiscal year 2016: $3,037,858,886,975. Fiscal year 2014: $674,601,000,000. BUDGET FOR FISCAL YEAR 2012. Fiscal year 2017: $3,091,047,574,412. Fiscal year 2015: $712,979,000,000. (a) DECLARATION.—Congress declares that Fiscal year 2018: $3,153,849,463,200. Fiscal year 2016: $753,355,000,000. this resolution is the concurrent resolution Fiscal year 2019: $3,274,407,536,197. Fiscal year 2017: $798,242,000,000. on the budget for fiscal year 2012 and that Fiscal year 2020: $3,385,718,017,338. Fiscal year 2018: $846,810,000,000.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3191 Fiscal year 2019: $898,686,000,000. (B) Outlays, $597,211,000,000. (4) Energy (270): Fiscal year 2020: $955,483,000,000. Fiscal year 2014: Fiscal year 2012: Fiscal year 2021: $1,014,378,000,000. (A) New budget authority, $616,451,000,000. (A) New budget authority, $1,108,000,000. (c) SOCIAL SECURITY ADMINISTRATIVE EX- (B) Outlays, $606,903,000,000. (B) Outlays, $10,174,000,000. PENSES.—In the Senate, the amounts of new Fiscal year 2015: Fiscal year 2013: budget authority and budget outlays of the (A) New budget authority, $628,847,000,000. (A) New budget authority, $1,014,000,000. Federal Old-Age and Survivors Insurance (B) Outlays, $618,837,000,000. (B) Outlays, $7,7134,000,000. Trust Fund and the Federal Disability Insur- Fiscal year 2016: Fiscal year 2014: ance Trust Fund for administrative expenses (A) New budget authority, $641,976,000,000. (A) New budget authority, $873,000,000. are as follows: (B) Outlays, $635,475,000,000. (B) Outlays, $4,167,000,000. Fiscal year 2012: Fiscal year 2017: Fiscal year 2015: (A) New budget authority, $5,504,000,000. (A) New budget authority, $653,695,000,000. (A) New budget authority, $438,000,000. (B) Outlays, $5,676,000,000. (B) Outlays, $643,275,000,000. (B) Outlays, $676,000,000. Fiscal year 2013: Fiscal year 2018: Fiscal year 2016: (A) New budget authority, $5,504,000,000. (A) New budget authority, $665,679,000,000. (A) New budget authority, $353,000,000. (B) Outlays, $5,613,000,000. (B) Outlays, $650,246,000,000. (B) Outlays, $¥340,000,000. Fiscal year 2014: Fiscal year 2019: Fiscal year 2017: (A) New budget authority, $5,504,000,000. (A) New budget authority, $674,607,000,000. (A) New budget authority, $337,000,000. (B) Outlays, $5,603,000,000. (B) Outlays, $664,991,638,890. (B) Outlays, $¥223,000,000. Fiscal year 2015: Fiscal year 2020: Fiscal year 2018: (A) New budget authority, $5,504,000,000. (A) New budget authority, $678,766,000,000. (A) New budget authority, $276,000,000. (B) Outlays, $5,603,000,000. (B) Outlays, $671,377,688,571. (B) Outlays, $¥267,000,000. Fiscal year 2016: Fiscal year 2021: Fiscal year 2019: (A) New budget authority, $5,504,000,000. (A) New budget authority, $702,965,000,000. (A) New budget authority, $291,000,000. (B) Outlays, $5,606,000,000. (B) Outlays, $688,398,389,534. (B) Outlays, $¥369,000,000. Fiscal year 2017: (2) International Affairs (150): Fiscal year 2020: (A) New budget authority, $5,573,000,000. Fiscal year 2012: (A) New budget authority, $231,000,000. (B) Outlays, $5,655,000,000. (A) New budget authority, $33,236,000,000. (B) Outlays, $¥379,000,000. Fiscal year 2018: (B) Outlays, $32,298,000,000. Fiscal year 2021: (A) New budget authority, $5,712,000,000. Fiscal year 2013: (A) New budget authority, $282,000,000. (B) Outlays, $5,763,000,000. (A) New budget authority, $31,314,000,000. (B) Outlays, $¥430,000,000. Fiscal year 2019: (B) Outlays, $30,132,000,000. (5) Natural Resources and Environment (A) New budget authority, $5,855,000,000. Fiscal year 2014: (300): (B) Outlays, $5,896,000,000. (A) New budget authority, $27,355,000,000. Fiscal year 2012: Fiscal year 2020: (B) Outlays, $27,322,000,000. (A) New budget authority, $27,487,000,000 . (A) New budget authority, $5,998,000,000. Fiscal year 2015: (B) Outlays, $33,002,000,000. (B) Outlays, $6,033,000,000. (A) New budget authority, $24,877,000,000. Fiscal year 2013: Fiscal year 2021: (B) Outlays, $26,130,000,000. (A) New budget authority, $22,896,000,000. (A) New budget authority, $6,142,000,000. Fiscal year 2016: (B) Outlays, $27,120,000,000. (B) Outlays, $6,177,000,000. (A) New budget authority, $22,917,000,000. Fiscal year 2014: (B) Outlays, $25,435,000,000. (A) New budget authority, $21,203,000,000. SEC. 103. POSTAL SERVICE DISCRETIONARY AD- Fiscal year 2017: (B) Outlays, $25,016,000,000. MINISTRATIVE EXPENSES. (A) New budget authority, $21,961,000,000. Fiscal year 2015: In the Senate, the amounts of new budget (B) Outlays, $23,376,000,000. (A) New budget authority, $20,897,000,000. authority and budget outlays of the Postal Fiscal year 2018: (B) Outlays, $21,490,000,000. Service for discretionary administrative ex- (A) New budget authority, $22,931,000,000. Fiscal year 2016: penses are as follows: (B) Outlays, $23,202,000,000. (A) New budget authority, $19,459,000,000. Fiscal year 2012: Fiscal year 2019: (B) Outlays, $19,776,000,000. (A) New budget authority, $258,000,000. (A) New budget authority, $22,719,000,000. Fiscal year 2017: (B) Outlays, $260,000,000. (B) Outlays, $21,345,000,000. (A) New budget authority, $17,522,000,000. Fiscal year 2013: Fiscal year 2020: (B) Outlays, $17,746,000,000. (A) New budget authority, $258,000,000. (A) New budget authority, $22,756,000,000. Fiscal year 2018: (B) Outlays, $262,000,000. (B) Outlays, $20,264,000,000. (A) New budget authority, $17,461,000,000. Fiscal year 2014: Fiscal year 2021: (B) Outlays, $17,674,000,000. (A) New budget authority, $258,000,000. (A) New budget authority, $24,689,000,000. Fiscal year 2019: (B) Outlays, $263,000,000. (B) Outlays, $20,167,000,000. (A) New budget authority, $17,118,000,000. Fiscal year 2015: (3) General Science, Space, and Technology (B) Outlays, $17,281,000,000. (A) New budget authority, $258,000,000. (250): Fiscal year 2020: (B) Outlays, $264,000,000. Fiscal year 2012: (A) New budget authority, $17,109,000,000. Fiscal year 2016: (A) New budget authority, $25,019,000,000. (B) Outlays, $17,237,000,000. (A) New budget authority, $258,000,000. (B) Outlays, $26,486,000,000. Fiscal year 2021: (B) Outlays, $265,000,000. Fiscal year 2013: (A) New budget authority, $16,971,000,000. Fiscal year 2017: (A) New budget authority, $27,037,000,000. (B) Outlays, $16,984,000,000. (A) New budget authority, $261,000,000. (B) Outlays, $27,725,000,000. (6) Agriculture (350): (B) Outlays, $268,000,000. Fiscal year 2014: Fiscal year 2012: Fiscal year 2018: (A) New budget authority, $27,312,000,000. (A) New budget authority, $12,777,000,000. (A) New budget authority, $268,000,000. (B) Outlays, $27,763,000,000. (B) Outlays, $13,594,000,000. (B) Outlays, $272,000,000. Fiscal year 2015: Fiscal year 2013: Fiscal year 2019: (A) New budget authority, $27,312,000,000. (A) New budget authority, $12,592,000,000. (A) New budget authority, $274,000,000. (B) Outlays, $27,469,000,000. (B) Outlays, $13,161,000,000. (B) Outlays, $278,000,000. Fiscal year 2016: Fiscal year 2014: Fiscal year 2020: (A) New budget authority, $27,311,000,000. (A) New budget authority, $12,593,000,000. (A) New budget authority, $281,000,000. (B) Outlays, $27,506,000,000. (B) Outlays, $12,545,000,000. (B) Outlays, $285,000,000. Fiscal year 2017: Fiscal year 2015: Fiscal year 2021: (A) New budget authority, $27,225,000,000. (A) New budget authority, $12,700,000,000. (A) New budget authority, $288,000,000. (B) Outlays, $27,311,000,000. (B) Outlays, $12,407,000,000. (B) Outlays, $291,000,000. Fiscal year 2018: Fiscal year 2016: SEC. 104. MAJOR FUNCTIONAL CATEGORIES. (A) New budget authority, $27,225,000,000. (A) New budget authority, $12,789,000,000. Congress determines and declares that the (B) Outlays, $27,311,000,000. (B) Outlays, $12,444,000,000. appropriate levels of new budget authority Fiscal year 2019: Fiscal year 2017: and outlays for fiscal years 2011 through 2021 (A) New budget authority, $28,255,000,000. (A) New budget authority, $12,908,000,000. for each major functional category are: (B) Outlays, $27,735,000,000. (B) Outlays, $12,560,000,000. (1) National Defense (050): Fiscal year 2020: Fiscal year 2018: Fiscal year 2012: (A) New budget authority, $29,758,000,000. (A) New budget authority, $13,033,000,000. (A) New budget authority, $582,626,000,000. (B) Outlays, $28,025,000,000. (B) Outlays, $12,871,000,000. (B) Outlays, $593,580,000,000. Fiscal year 2021: Fiscal year 2019: Fiscal year 2013: (A) New budget authority, $29,758,000,000. (A) New budget authority, $13,162,000,000. (A) New budget authority, $600,283,000,000. (B) Outlays, $28,325,000,000. (B) Outlays, $12,992,000,000.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3192 CONGRESSIONAL RECORD — SENATE May 19, 2011 Fiscal year 2020: Fiscal year 2018: Fiscal year 2016: (A) New budget authority, $13,276,000,000. (A) New budget authority, $10,677,000,000. (A) New budget authority, $634,696,000,000. (B) Outlays, $13,123,000,000. (B) Outlays, $10,590,000,000. (B) Outlays, $634,769,000,000. Fiscal year 2021: Fiscal year 2019: Fiscal year 2017: (A) New budget authority, $13,366,000,000. (A) New budget authority, $10,666,000,000. (A) New budget authority, $657,713,000,000. (B) Outlays, $13,243,000,000. (B) Outlays, $10,577,000,000. (B) Outlays, $657,799,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2020: Fiscal year 2018: Fiscal year 2012: (A) New budget authority, $10,654,000,000. (A) New budget authority, $682,995,000,000. (A) New budget authority, $13,927,000,000. (B) Outlays, $10,574,000,000. (B) Outlays, $682,951,000,000. (B) Outlays, $10,411,000,000. Fiscal year 2021: Fiscal year 2019: Fiscal year 2013: (A) New budget authority, $10,643,000,000. (A) New budget authority, $745,085,000,000. (A) New budget authority, $8,835,000,000. (B) Outlays, $10,561,000,000. (B) Outlays, $745,186,000,000. (B) Outlays, $1,664,000,000. (10) Education, Training, Employment, and Fiscal year 2020: Fiscal year 2014: Social Services (500): (A) New budget authority, $800,776,000,000. (A) New budget authority, $5,962,000,000. Fiscal year 2012: (B) Outlays, $800,853,000,000. (B) Outlays, $¥14,258,000,000. (A) New budget authority, $66,849,000,000. Fiscal year 2021: Fiscal year 2015: (B) Outlays, $95,712,000,000. (A) New budget authority, $858,764,000,000. (A) New budget authority, $4,767,000,000. Fiscal year 2013: (B) Outlays, $858,830,000,000. (B) Outlays, $¥17,646,000,000. (A) New budget authority, $63,887,000,000. (13) Income Security (600): Fiscal year 2016: (B) Outlays, $73,071,000,000. Fiscal year 2012: (A) New budget authority, $3,934,000,000. Fiscal year 2014: (A) New budget authority, $475,377,000,000. (B) Outlays, $¥21,724,000,000. (A) New budget authority, $66,076,000,000. (B) Outlays, $479,471,000,000. Fiscal year 2017: (B) Outlays, $68,044,000,000. Fiscal year 2013: (A) New budget authority, $2,525,000,000. Fiscal year 2015: (A) New budget authority, $433,539,438,356. (B) Outlays, $¥23,094,000,000. (A) New budget authority, $69,446,000,000. (B) Outlays, $433,513,438,356. Fiscal year 2018: (B) Outlays, $70,450,000,000. Fiscal year 2014: (A) New budget authority, $984,000,000. Fiscal year 2016: (A) New budget authority, $384,046,876,712. (B) Outlays, $¥26,985,000,000. (A) New budget authority, $72,443,000,000. (B) Outlays, $384,020,876,712. Fiscal year 2019: (B) Outlays, $72,875,000,000. Fiscal year 2015: (A) New budget authority, $357,000,000. Fiscal year 2017: (A) New budget authority, $385,183,191,781. (B) Outlays, $¥19,217,000,000. (A) New budget authority, $70,409,000,000. (B) Outlays, $383,963,191,781. Fiscal year 2020: (B) Outlays, $70,962,000,000. Fiscal year 2016: (A) New budget authority, $¥300,000,000. Fiscal year 2018: (A) New budget authority, $390,453,506,849. (B) Outlays, $¥20,403,000,000. (A) New budget authority, $66,421,000,000. (B) Outlays, $388,748,506,849. Fiscal year 2021: (B) Outlays, $67,834,000,000. Fiscal year 2017: (A) New budget authority, $237,000,000. Fiscal year 2019: (A) New budget authority, $387,088,493,918. (B) Outlays, $¥21,819,000,000. (A) New budget authority, $64,667,000,000. (B) Outlays, $382,034,821,918. (8) Transportation (400): (B) Outlays, $66,800,000,000. Fiscal year 2018: Fiscal year 2012: Fiscal year 2020: (A) New budget authority, $389,199,158,086. (A) New budget authority, $60,333,000,000. (A) New budget authority, $64,423,000,000. (B) Outlays, $382,540,967,630. (B) Outlays, $82,422,000,000. (B) Outlays, $66,421,000,000. Fiscal year 2019: Fiscal year 2013: Fiscal year 2021: (A) New budget authority, $400,032,296,366. (A) New budget authority, $62,390,000,000. (A) New budget authority, $63,833,000,000. (B) Outlays, $393,821,068,529. (B) Outlays, $73,250,000,000. (B) Outlays, $65,432,000,000. Fiscal year 2020: Fiscal year 2014: (11) Health (550): (A) New budget authority, $406,776,819,018. (A) New budget authority, $64,714,000,000. Fiscal year 2012: (B) Outlays, $398,422,890,411. (B) Outlays, $70,060,000,000. (A) New budget authority, $338,029,000,000. Fiscal year 2021: Fiscal year 2015: (B) Outlays, $347,690,000,000. (A) New budget authority, $417,206,501,376. (A) New budget authority, $65,788,000,000. Fiscal year 2013: (B) Outlays, $408,016,990,411. (B) Outlays, $68,425,000,000. (A) New budget authority, $342,096,000,000. (14) Social Security (650): Fiscal year 2016: (B) Outlays, $344,969,000,000. Fiscal year 2012: (A) New budget authority, $67,926,000,000. Fiscal year 2014: (A) New budget authority, $54,439,000,000. (B) Outlays, $68,399,000,000. (A) New budget authority, $329,311,000,000. (B) Outlays, $54,624,000,000. Fiscal year 2017: (B) Outlays, $329,334,000,000. Fiscal year 2013: (A) New budget authority, $69,110,000,000. Fiscal year 2015: (A) New budget authority, $29,096,000,000. (B) Outlays, $69,479,000,000. (A) New budget authority, $323,797,000,000. (B) Outlays, $29,256,000,000. Fiscal year 2018: (B) Outlays, $323,574,000,000. Fiscal year 2014: (A) New budget authority, $70,422,000,000. Fiscal year 2016: (A) New budget authority, $32,701,000,000. (B) Outlays, $69,897,000,000. (A) New budget authority, $312,582,000,000. (B) Outlays, $32,776,000,000. Fiscal year 2019: (B) Outlays, $311,447,000,000. Fiscal year 2015: (A) New budget authority, $71,227,000,000. Fiscal year 2017: (A) New budget authority, $36,261,000,000. (B) Outlays, $70,217,000,000. (A) New budget authority, $313,059,000,000. (B) Outlays, $36,311,000,000. Fiscal year 2020: (B) Outlays, $311,991,000,000. Fiscal year 2016: (A) New budget authority, $75,370,000,000. Fiscal year 2018: (A) New budget authority, $40,171,000,000. (B) Outlays, $71,803,000,000. (A) New budget authority, $307,702,000,000. (B) Outlays, $40,171,000,000. Fiscal year 2021: (B) Outlays, $307,092,000,000. Fiscal year 2017: (A) New budget authority, $83,547,000,000. Fiscal year 2019: (A) New budget authority, $44,263,000,000. (B) Outlays, $82,829,000,000. (A) New budget authority, $303,555,000,000. (B) Outlays, $44,263,000,000. (9) Community and Regional Development (B) Outlays, $303,419,000,000. Fiscal year 2018: (450): Fiscal year 2020: (A) New budget authority, $48,717,000,000. Fiscal year 2012: (A) New budget authority, $307,262,000,000. (B) Outlays, $48,717,000,000. (A) New budget authority, $11,255,000,000. (B) Outlays, $306,911,000,000. Fiscal year 2019: (B) Outlays, $21,096,000,000. Fiscal year 2021: (A) New budget authority, $53,508,000,000. Fiscal year 2013: (A) New budget authority, $321,877,000,000. (B) Outlays, $53,508,000,000. (A) New budget authority, $11,258,000,000. (B) Outlays, $321,441,000,000. Fiscal year 2020: (B) Outlays, $18,416,000,000. (12) Medicare (570): (A) New budget authority, $58,552,000,000. Fiscal year 2014: Fiscal year 2012: (B) Outlays, $58,552,000,000. (A) New budget authority, $11,194,000,000. (A) New budget authority, $487,760,000,000. Fiscal year 2021: (B) Outlays, $14,616,000,000. (B) Outlays, $488,060,000,000. (A) New budget authority, $64,053,000,000. Fiscal year 2015: Fiscal year 2013: (B) Outlays, $64,053,000,000. (A) New budget authority, $11,185,000,000. (A) New budget authority, $530,722,000,000. (15) Veterans Benefits and Services (700): (B) Outlays, $13,540,000,000. (B) Outlays, $530,767,000,000. Fiscal year 2012: Fiscal year 2016: Fiscal year 2014: (A) New budget authority, $128,339,000,000. (A) New budget authority, $10,981,000,000. (A) New budget authority, $560,600,000,000. (B) Outlays, $127,140,000,000. (B) Outlays, $11,809,000,000. (B) Outlays, $560,744,000,000. Fiscal year 2013: Fiscal year 2017: Fiscal year 2015: (A) New budget authority, $130,024,000,000. (A) New budget authority, $10,958,000,000. (A) New budget authority, $585,154,000,000. (B) Outlays, $130,025,000,000. (B) Outlays, $10,847,000,000. (B) Outlays, $585,256,000,000. Fiscal year 2014:

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3193 (A) New budget authority, $134,143,000,000. (B) Outlays, $372,130,904,000. (B) Outlays, $¥105,645,000,000. (B) Outlays, $134,055,000,000. Fiscal year 2013: Fiscal year 2021: Fiscal year 2015: (A) New budget authority, $430,838,964,685. (A) New budget authority, (A) New budget authority, $138,167,000,000. (B) Outlays, $430,838,964,685. $¥110,174,000,000. (B) Outlays, $137,851,000,000. Fiscal year 2014: (B) Outlays, $¥110,174,000,000. Fiscal year 2016: (A) New budget authority, $498,591,461,177. (21) Global War on Terror and Related Ac- (A) New budget authority, $147,410,000,000. (B) Outlays, $498,591,461,177. tivities (970): (B) Outlays, $146,868,000,000. Fiscal year 2015: Fiscal year 2012: Fiscal year 2017: (A) New budget authority, $559,984,957,433. (A) New budget authority, $126,544,000,000. (A) New budget authority, $146,323,000,000. (B) Outlays, $559,984,957,433. (B) Outlays, $117,835,000,000. Fiscal year 2013: (B) Outlays, $145,704,000,000. Fiscal year 2016: (A) New budget authority, $50,000,000,000. Fiscal year 2018: (A) New budget authority, $620,259,380,126. (B) Outlays, $92,661,000,000. (A) New budget authority, $145,412,000,000. (B) Outlays, $620,259,380,126. Fiscal year 2014: (B) Outlays, $144,751,000,000. Fiscal year 2017: (A) New budget authority, $50,000,000,000. Fiscal year 2019: (A) New budget authority, $672,409,080,495. (B) Outlays, $64,878,000,000. (A) New budget authority, $155,091,000,000. (B) Outlays, $672,409,080,495. Fiscal year 2015: (B) Outlays, $154,407,000,000. Fiscal year 2018: (A) New budget authority, $50,000,000,000. Fiscal year 2020: (A) New budget authority, $714,240,305,114. (B) Outlays, $54,401,000,000. (A) New budget authority, $159,680,000,000. (B) Outlays, $714,240,305,114. Fiscal year 2016: (B) Outlays, $158,979,000,000. Fiscal year 2019: (A) New budget authority, $30,750,000,000. Fiscal year 2021: (A) New budget authority, $746,520,239,831. (B) Outlays, $30,750,000,000. (A) New budget authority, $164,381,000,000. (B) Outlays, $746,520,239,831. Fiscal year 2017: (B) Outlays, $163,622,000,000. Fiscal year 2020: (A) New budget authority, $8,500,000,000. (16) Administration of Justice (750): (A) New budget authority, $773,564,198,320. (B) Outlays, $8,500,000,000. Fiscal year 2012: (B) Outlays, $773,564,198,320. Fiscal year 2018: (A) New budget authority, $50,104,000,000. Fiscal year 2021: (A) New budget authority, $0. (B) Outlays, $52,573,000,000. (A) New budget authority, $788,846,163,593. (B) Outlays, $0. Fiscal year 2013: (B) Outlays, $788,846,163,593. Fiscal year 2019: (A) New budget authority, $0. (A) New budget authority, $44,813,000,000. (19) Allowances (920): (B) Outlays, $0. (B) Outlays, $49,292,000,000. Fiscal year 2012: ¥ Fiscal year 2020: Fiscal year 2014: (A) New budget authority, $ 11,100,000,000. (A) New budget authority, $0. ¥ (A) New budget authority, $44,555,000,000. (B) Outlays, $ 11,100,000,000. (B) Outlays, $0. (B) Outlays, $46,815,000,000. Fiscal year 2013: Fiscal year 2021: Fiscal year 2015: (A) New budget authority, $¥11,100,000,000. (A) New budget authority, $0. (A) New budget authority, $44,366,000,000. (B) Outlays, $¥11,100,000,000. (B) Outlays, $0. (B) Outlays, $45,587,000,000. Fiscal year 2014: TITLE II—RESERVE FUNDS Fiscal year 2016: (A) New budget authority, $¥6,100,000,000. (A) New budget authority, $46,418,000,000. (B) Outlays, $¥6,100,000,000. SEC. 201. DEFICIT-REDUCTION RESERVE FUND FOR IMPROPER PAYMENTS. (B) Outlays, $46,830,000,000. Fiscal year 2015: The Chairman of the Committee on the Fiscal year 2017: (A) New budget authority, $¥1,100,000,000. Budget of the Senate may reduce the alloca- (A) New budget authority, $45,108,000,000. (B) Outlays, $¥1,100,000,000. (B) Outlays, $45,295,000,000. Fiscal year 2016: tions of a committee or committees, aggre- Fiscal year 2018: (A) New budget authority, $¥1,100,000,000. gates, and other appropriate levels and lim- (A) New budget authority, $45,959,000,000. (B) Outlays, $¥1,100,000,000. its in this resolution for one or more bills, (B) Outlays, $45,595,000,000. Fiscal year 2017: joint resolutions, amendments, motions, or Fiscal year 2019: (A) New budget authority, $¥1,100,000,000. conference reports that achieve savings by (A) New budget authority, $47,100,000,000. (B) Outlays, $¥1,100,000,000. eliminating or reducing improper payments (B) Outlays, $46,865,000,000. Fiscal year 2018: and use such savings to reduce the deficit. Fiscal year 2020: (A) New budget authority, $¥1,100,000,000. The Chairman may also make adjustments (A) New budget authority, $50,158,000,000. (B) Outlays, $¥1,100,000,000. to the Senate’s pay-as-you-go ledger over 6 (B) Outlays, $49,751,000,000. Fiscal year 2019: and 11 years to ensure that the deficit reduc- Fiscal year 2021: (A) New budget authority, $¥1,100,000,000. tion achieved is used for deficit reduction (A) New budget authority, $52,153,000,000. (B) Outlays, $¥1,100,000,000. only. The adjustments authorized under this (B) Outlays, $52,153,000,000. Fiscal year 2020: section shall be of the amount of deficit re- (17) General Government (800): (A) New budget authority, $¥1,100,000,000. duction achieved. Fiscal year 2012: (B) Outlays, $¥1,100,000,000. TITLE III—BUDGET PROCESS (A) New budget authority, $22,604,000,000. Fiscal year 2021: Subtitle A—Budget Enforcement ¥ (B) Outlays, $27,072,000,000. (A) New budget authority, $ 1,100,000,000. SEC. 301. DISCRETIONARY SPENDING LIMITS FOR Fiscal year 2013: (B) Outlays, $¥1,100,000,000. FISCAL YEARS 2012 THROUGH 2021. (A) New budget authority, $22,006,000,000. (20) Undistributed Offsetting Receipts (950): (a) SENATE POINT OF ORDER.— (B) Outlays, $23,279,000,000. Fiscal year 2012: (1) IN GENERAL.—Except as otherwise pro- Fiscal year 2014: (A) New budget authority, $¥77,917,000,000. vided in this section, it shall not be in order (A) New budget authority, $22,039,000,000. (B) Outlays, $¥77,917,000,000. in the Senate to consider any bill or joint (B) Outlays, $22,420,000,000. Fiscal year 2013: resolution (or amendment, motion, or con- Fiscal year 2015: (A) New budget authority, $¥80,329,000,000. ference report on that bill or joint resolu- (A) New budget authority, $22,068,000,000. (B) Outlays, $¥80,329,000,000. tion) that would cause the discretionary (B) Outlays, $21,867,000,000. Fiscal year 2014: spending limits in this section to be exceed- Fiscal year 2016: (A) New budget authority, $¥81,798,000,000. ed. (A) New budget authority, $22,076,000,000. (B) Outlays, $¥81,798,000,000. (2) SUPERMAJORITY WAIVER AND APPEALS.— (B) Outlays, $21,500,000,000. Fiscal year 2015: (A) WAIVER.—This subsection may be Fiscal year 2017: (A) New budget authority, $¥84,857,000,000. waived or suspended in the Senate only by (A) New budget authority, $22,282,000,000. (B) Outlays, $¥84,857,000,000. the affirmative vote of two-thirds of the (B) Outlays, $21,555,000,000. Fiscal year 2016: Members, duly chosen and sworn. Fiscal year 2018: (A) New budget authority, $¥85,946,000,000. (B) APPEALS.—Appeals in the Senate from (A) New budget authority, $22,715,000,000. (B) Outlays, $¥85,946,000,000. the decisions of the Chair relating to any (B) Outlays, $21,789,000,000. Fiscal year 2017: provision of this subsection shall be limited Fiscal year 2019: (A) New budget authority, $¥91,248,000,000. to 1 hour, to be equally divided between, and (A) New budget authority, $23,265,000,000. (B) Outlays, $¥91,248,000,000. controlled by, the appellant and the manager (B) Outlays, $22,324,000,000. Fiscal year 2018: of the bill or joint resolution. An affirmative Fiscal year 2020: (A) New budget authority, $¥97,099,000,000. vote of two-thirds of the Members of the (A) New budget authority, $23,651,000,000. (B) Outlays, $¥97,099,000,000. Senate, duly chosen and sworn, shall be re- (B) Outlays, $22,324,000,000. Fiscal year 2019: quired to sustain an appeal of the ruling of Fiscal year 2021: (A) New budget authority, the Chair on a point of order raised under (A) New budget authority, $24,104,000,000. $¥101,718,000,000. this subsection. (B) Outlays, $22,736,000,000. (B) Outlays, $¥101,718,000,000. (b) SENATE DISCRETIONARY SPENDING LIM- (18) Net Interest (900): Fiscal year 2020: ITS.—In the Senate and as used in this sec- Fiscal year 2012: (A) New budget authority, tion, the term ‘‘discretionary spending (A) New budget authority, $372,130,904,000. $¥105,645,000,000. limit’’ means—

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3194 CONGRESSIONAL RECORD — SENATE May 19, 2011 (2) for fiscal year 2012, $1,137,365,000,000 in report shall be deemed stricken, and the Sen- to 1 hour, to be equally divided between, and new budget authority and $1,277,353,000,000 in ate shall proceed to consider the question of controlled by, the appellant and the manager outlays; whether the Senate shall recede from its of the bill or joint resolution, as the case (3) for fiscal year 2013, $1,076,513,000,000 in amendment and concur with a further may be. An affirmative vote of three-fifths of new budget authority and $1,203,206,000,000 in amendment, or concur in the House amend- the Members of the Senate, duly chosen and outlays; ment with a further amendment, as the case sworn, shall be required to sustain an appeal (4) for fiscal year 2014, $1,094,543,000,000 in may be, which further amendment shall con- of the ruling of the Chair on a point of order new budget authority and $1,160,763,000,000 in sist of only that portion of the conference re- raised under this subsection. outlays; port or House amendment, as the case may (3) DEFINITION OF AN EMERGENCY DESIGNA- (5) for fiscal year 2015, $1,106,796,000,000 in be, not so stricken. Any such motion in the TION.—For purposes of paragraph (1), a provi- new budget authority and $1,149,100,000,000 in Senate shall be debatable. In any case in sion shall be considered an emergency des- outlays; which such point of order is sustained ignation if it designates any item as an (6) for fiscal year 2016, $1,099,720,000,000 in against a conference report (or Senate emergency requirement pursuant to this sub- new budget authority and $1,133,357,000,000 in amendment derived from such conference re- section. outlays; port by operation of this subsection), no fur- (4) FORM OF THE POINT OF ORDER.—A point (7) for fiscal year 2017, $1,082,528,000,000 in ther amendment shall be in order. of order under paragraph (1) may be raised new budget authority and $1,110,758,000,000 in (f) INAPPLICABILITY.—In the Senate, section by a Senator as provided in section 313(e) of outlays; 402 of S. Con. Res. 13 (111th Congress) shall the Congressional Budget Act of 1974. (8) for fiscal year 2018, $1,086,986,000,000 in no longer apply. (5) CONFERENCE REPORTS.—When the Sen- new budget authority and $1,109,721,000,000 in SEC. 303. EMERGENCY LEGISLATION. ate is considering a conference report on, or outlays; an amendment between the Houses in rela- (a) AUTHORITY TO DESIGNATE.—In the Sen- (9) for fiscal year 2019, $1,101,073,000,000 in ate, with respect to a provision of direct tion to, a bill, upon a point of order being new budget authority and $1,128,053,000,000 in spending or receipts legislation or appropria- made by any Senator pursuant to this sec- outlays; tions for discretionary accounts that Con- tion, and such point of order being sustained, (10) for fiscal year 2020, $1,114,538,000,000 in such material contained in such conference new budget authority and $1,139,781,000,000 in gress designates as an emergency require- ment in such measure, the amounts of new report shall be deemed stricken, and the Sen- outlays; and ate shall proceed to consider the question of (11) for fiscal year 2021, $1,152,698,000,000 in budget authority, outlays, and receipts in all fiscal years resulting from that provision whether the Senate shall recede from its new budget authority and $1,171,654,000,000 in amendment and concur with a further outlays; shall be treated as an emergency require- ment for the purpose of this section. amendment, or concur in the House amend- SEC. 302. POINT OF ORDER AGAINST ADVANCE ment with a further amendment, as the case (b) EXEMPTION OF EMERGENCY PROVI- APPROPRIATIONS. may be, which further amendment shall con- SIONS.—Any new budget authority, outlays, (a) IN GENERAL.— and receipts resulting from any provision sist of only that portion of the conference re- (1) POINT OF ORDER.—Except as provided in port or House amendment, as the case may subsection (b), it shall not be in order in the designated as an emergency requirement, pursuant to this section, in any bill, joint be, not so stricken. Any such motion in the Senate to consider any bill, joint resolution, Senate shall be debatable. In any case in motion, amendment, or conference report resolution, amendment, or conference report shall not count for purposes of sections 302 which such point of order is sustained that would provide an advance appropria- against a conference report (or Senate tion. and 311 of the Congressional Budget Act of 1974, section 201 of S. Con. Res. 21 (110th Con- amendment derived from such conference re- (2) DEFINITION.—In this section, the term port by operation of this subsection), no fur- ‘‘advance appropriation’’ means any new gress) (relating to pay-as-you-go), section 311 of S. Con. Res. 70 (110th Congress) (relating ther amendment shall be in order. budget authority provided in a bill or joint (f) CRITERIA.— to long-term deficits), and section 404 of S. resolution making appropriations for fiscal (1) IN GENERAL.—For purposes of this sec- Con. Res. 13 (111th Congress) (relating to year 2012 that first becomes available for any tion, any provision is an emergency require- short-term deficits), and section 301 of this fiscal year after 2012, or any new budget au- ment if the situation addressed by such pro- resolution (relating to discretionary spend- thority provided in a bill or joint resolution vision is— ing). Designated emergency provisions shall making general appropriations or continuing (A) necessary, essential, or vital (not mere- not count for the purpose of revising alloca- appropriations for fiscal year 2013, that first ly useful or beneficial); becomes available for any fiscal year after tions, aggregates, or other levels pursuant to (B) sudden, quickly coming into being, and 2013. procedures established under section 301(b)(7) not building up over time; (b) EXCEPTIONS.—Advance appropriations of the Congressional Budget Act of 1974 for (C) an urgent, pressing, and compelling may be provided— deficit-neutral reserve funds and revising need requiring immediate action; (1) for fiscal years 2013 and 2014 for pro- discretionary spending limits set pursuant to (D) subject to subparagraph (B), unfore- grams, projects, activities, or accounts iden- section 301 of this resolution. seen, unpredictable, and unanticipated; and tified in the joint explanatory statement of (c) DESIGNATIONS.—If a provision of legisla- (E) not permanent, temporary in nature. managers accompanying this resolution tion is designated as an emergency require- (2) UNFORESEEN.—An emergency that is under the heading ‘‘Accounts Identified for ment under this section, the committee re- part of an aggregate level of anticipated Advance Appropriations’’ in an aggregate port and any statement of managers accom- emergencies, particularly when normally es- amount not to exceed $28,500,000,000 in new panying that legislation shall include an ex- timated in advance, is not unforeseen. budget authority in each year; planation of the manner in which the provi- (g) INAPPLICABILITY.—In the Senate, sec- (2) for the Corporation for Public Broad- sion meets the criteria in subsection (f). tion 403 of S. Con. Res. 13 (111th Congress), casting; and (d) DEFINITIONS.—In this section, the terms the concurrent resolution on the budget for (3) for the Department of Veterans Affairs ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appro- fiscal year 2010, shall no longer apply. for the Medical Services, Medical Support priations for discretionary accounts’’ mean SEC. 304. ADJUSTMENTS FOR THE EXTENSION OF and Compliance, and Medical Facilities ac- any provision of a bill, joint resolution, CERTAIN CURRENT POLICIES. counts of the Veterans Health Administra- amendment, motion, or conference report (a) ADJUSTMENT.—For the purposes of de- tion. that affects direct spending, receipts, or ap- termining points of order specified in sub- (c) SUPERMAJORITY WAIVER AND APPEAL.— propriations as those terms have been de- section (b), the Chairman of the Committee (1) WAIVER.—In the Senate, subsection (a) fined and interpreted for purposes of the Bal- on the Budget of the Senate may adjust the may be waived or suspended only by an af- anced Budget and Emergency Deficit Control estimate of the budgetary effects of a bill, firmative vote of three-fifths of the Mem- Act of 1985. joint resolution, amendment, motion, or con- bers, duly chosen and sworn. (e) POINT OF ORDER.— ference report that contains one or more pro- (2) APPEAL.—An affirmative vote of three- (1) IN GENERAL.—When the Senate is con- visions meeting the criteria of subsection (c) fifths of the Members of the Senate, duly sidering a bill, resolution, amendment, mo- to exclude the amounts of qualifying budg- chosen and sworn, shall be required to sus- tion, or conference report, if a point of order etary effects. tain an appeal of the ruling of the Chair on is made by a Senator against an emergency (b) COVERED POINTS OF ORDER.—The Chair- a point of order raised under subsection (a). designation in that measure, that provision man of the Committee on the Budget of the (d) FORM OF POINT OF ORDER.—A point of making such a designation shall be stricken Senate may make adjustments pursuant to order under subsection (a) may be raised by from the measure and may not be offered as this section for the following points of order a Senator as provided in section 313(e) of the an amendment from the floor. only: Congressional Budget Act of 1974. (2) SUPERMAJORITY WAIVER AND APPEALS.— (1) Section 201 of S. Con. Res. 21 (110th Con- (e) CONFERENCE REPORTS.—When the Sen- (A) WAIVER.—Paragraph (1) may be waived gress) (relating to pay-as-you-go). ate is considering a conference report on, or or suspended in the Senate only by an af- (2) Section 311 of S. Con. Res. 70 (110th Con- an amendment between the Houses in rela- firmative vote of three-fifths of the Mem- gress) (relating to long-term deficits). tion to, a bill, upon a point of order being bers, duly chosen and sworn. (3) Section 404 of S. Con. Res. 13 (111th Con- made by any Senator pursuant to this sec- (B) APPEALS.—Appeals in the Senate from gress) (relating to short-term deficits). tion, and such point of order being sustained, the decisions of the Chair relating to any (c) QUALIFYING LEGISLATION.—The Chair- such material contained in such conference provision of this subsection shall be limited man of the Committee on the Budget of the

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00076 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3195 Senate may make adjustments authorized this resolution in accordance with section Sec. 312. Application and effect of changes under subsection (a) for legislation con- 251(b) of the Balanced Budget and Emergency in allocations and aggregates. taining provisions that— Deficit Control Act of 1985 (as in effect prior Sec. 313. Adjustments to reflect changes in (1) amend or supersede the system for up- to September 30, 2002). concepts and definitions. dating payments made under subsections SEC. 315. EXERCISE OF RULEMAKING POWERS. Sec. 314. Budgetary treatment of certain dis- 1848 (d) and (f) of the Social Security Act, Congress adopts the provisions of this cretionary administrative ex- consistent with section 7(c) of the Statutory title— penses. Pay-As-You-Go Act of 2010 (Public Law 111– (1) as an exercise of the rulemaking power Sec. 315. Exercise of rulemaking powers. 139); of the Senate, and as such they shall be con- TITLE IV—RECONCILIATION (2) amend the Estate and Gift Tax under sidered as part of the rules of the Senate and Sec. 401. Reconciliation in the Senate. subtitle B of the Internal Revenue Code of such rules shall supersede other rules only to TITLE V—LONG-TERM POLICY CHANGES 1986, consistent with section 7(d) of the Stat- the extent that they are inconsistent with Sec. 501. Policy statement on Social Secu- utory Pay-As-You-Go Act of 2010; such other rules; and rity. (3) extend relief from the Alternative Min- (2) with full recognition of the constitu- Sec. 502. Policy statement on medicare. imum Tax for individuals under sections 55– tional right of the Senate to change those 59 of the Internal Revenue Code of 1986, con- Sec. 503. Rescind unspent or unobligated rules at any time, in the same manner, and balances after 36 months. sistent with section 7(e) of the Statutory to the same extent as is the case of any other Pay-As-You-Go Act of 2010; and rule of the Senate. TITLE I—RECOMMENDED LEVELS AND (4) extend middle-class tax cuts made in AMOUNTS f the Economic Growth and Tax Relief Rec- SEC. 101. RECOMMENDED LEVELS AND onciliation Act of 2001 (Public Law 107–16) AMOUNTS. and the Jobs and Growth Tax Relief and Rec- SENATE CONCURRENT RESOLU- TION 20—SETTING FORTH THE The following budgetary levels are appro- onciliation Act of 2003 (Public Law 108–27), priate for each of fiscal years 2012 through consistent with section 7(f) of the Statutory CONGRESSIONAL BUDGET FOR 2016: Pay-As-You-Go Act of 2010. THE UNITED STATES GOVERN- (1) FEDERAL REVENUES.—For purposes of (d) LIMITATION.—The Chairman shall make MENT FOR FISCAL YEAR 2012 the enforcement of this resolution: any adjustments pursuant to this section in AND SETTING FORTH THE AP- (A) The recommended levels of Federal a manner consistent with the limitations de- PROPRIATE BUDGETARY LEVELS revenues are as follows: scribed in sections 4(c) and 7(h) of the Statu- FOR FISCAL YEARS 2013 Fiscal year 2012: $1,887,000,000,000. tory Pay-As-You-Go Act of 2010 (Public Law THROUGH 2016 Fiscal year 2013: $2,393,000,000,000. 111–139). Fiscal year 2014: $2,713,000,000,000. (e) DEFINITION.—For the purposes of this Mr. PAUL submitted the following Fiscal year 2015: $2,882,000,000,000. section, the terms ‘‘budgetary effects’’ or concurrent resolution; which was Fiscal year 2016: $3,072,000,000,000. ‘‘effects’’ mean the amount by which a provi- placed on the calendar: (B) The amounts by which the aggregate sion changes direct spending or revenues rel- S. CON. RES. 20 levels of Federal revenues should be changed ative to the baseline. are as follows: (f) SUNSET.—This section shall expire on Resolved by the Senate (the House of Rep- Fiscal year 2012: ¥$8,000,000,000. December 31,2011. resentatives concurring), Fiscal year 2013: ¥$335,000,000,000. SEC. 312. BUDGETARY TREATMENT OF CERTAIN SECTION 1. CONCURRENT RESOLUTION ON THE Fiscal year 2014: ¥$354,000,000,000. DISCRETIONARY ADMINISTRATIVE BUDGET FOR FISCAL YEAR 2012. Fiscal year 2015: ¥$407,000,000,000. EXPENSES. (a) DECLARATION.—Congress declares that Fiscal year 2016: ¥$383,000,000,000. In the Senate, notwithstanding section this resolution is the concurrent resolution (2) NEW BUDGET AUTHORITY.—For purposes 302(a)(1) of the Congressional Budget Act of on the budget for fiscal year 2012 and that of the enforcement of this resolution, the ap- 1974, section 13301 of the Budget Enforcement this resolution sets forth the appropriate propriate levels of total new budget author- Act of 1990, and section 2009a of title 39, budgetary levels for fiscal years 2013 through ity are as follows: United States Code, the joint explanatory 2016. Fiscal year 2012: $121,837,000,000. statement accompanying the conference re- (b) TABLE OF CONTENTS.—The table of con- Fiscal year 2013: $3,141,382,000,000. port on any concurrent resolution on the tents for this concurrent resolution is as fol- Fiscal year 2014: $3,220,465,000,000. budget shall include in its allocations under lows: Fiscal year 2015: $3,420,302,000,000. section 302(a) of the Congressional Budget Sec. 1. Concurrent resolution on the budget Fiscal year 2016: $3,480,625,000,000. Act of 1974 to the Committees on Appropria- for fiscal year 2012. (3) BUDGET OUTLAYS.—For purposes of the tions amounts for the discretionary adminis- enforcement of this resolution, the appro- trative expenses of the Social Security Ad- TITLE I—RECOMMENDED LEVELS AND priate levels of total budget outlays are as ministration and of the Postal Service. AMOUNTS follows: Sec. 101. Recommended levels and amounts. SEC. 313. APPLICATION AND EFFECT OF Fiscal year 2012: $3,121,905,000,000. CHANGES IN ALLOCATIONS AND AG- Sec. 102. Social Security. Fiscal year 2013: $3,141,404,000,000. GREGATES. Sec. 103. Major functional categories. Fiscal year 2014: $3,227,408,000,000. (a) APPLICATION.—Any adjustments of allo- TITLE II—RESERVE FUNDS cations and aggregates made pursuant to Fiscal year 2015: $3,359,695,000,000. Sec. 201. Deficit-reduction reserve fund for this resolution shall— Fiscal year 2016: $3,430,259,000,000. (1) apply while that measure is under con- the sale of unused or vacant (4) DEFICITS.—For purposes of the enforce- sideration; Federal properties. ment of this resolution, the amounts of the (2) take effect upon the enactment of that Sec. 202. Deficit-reduction reserve fund for deficits are as follows: measure; and selling excess Federal lands. Fiscal year 2012: $574,000,000,000. (3) be published in the Congressional Sec. 203. Deficit-reduction reserve fund for Fiscal year 2013: $386,000,000,000. Record as soon as practicable. the repeal of davis-bacon pre- Fiscal year 2014: $139,000,000,000. (b) EFFECT OF CHANGED ALLOCATIONS AND vailing wage laws. Fiscal year 2015: $116,000,000,000. AGGREGATES.—Revised allocations and ag- Sec. 204. Deficit-reduction reserve fund for Fiscal year 2016: $19,000,000,000. gregates resulting from these adjustments the reduction of purchasing and (5) PUBLIC DEBT.—Pursuant to section shall be considered for the purposes of the maintaining Federal vehicles. 301(a)(5) of the Congressional Budget Act of Congressional Budget Act of 1974 as alloca- Sec. 205. Deficit-reduction reserve fund for 1974, the appropriate levels of the public debt tions and aggregates contained in this reso- the sale of financial assets pur- are as follows: lution. chased through the troubled Fiscal year 2012: $15,842,000,000,000. (c) BUDGET COMMITTEE DETERMINATIONS.— asset relief program. Fiscal year 2013: $16,842,000,000,000. For purposes of this resolution the levels of TITLE III—BUDGET PROCESS Fiscal year 2014: $16,902,000,000,000. Fiscal year 2015: $17,310,000,000,000. new budget authority, outlays, direct spend- Subtitle A—Budget Enforcement ing, new entitlement authority, revenues, Fiscal year 2016: $17,583,000,000,000. Sec. 301. Discretionary spending limits for deficits, and surpluses for a fiscal year or pe- (6) DEBT HELD BY THE PUBLIC.—The appro- fiscal years 2012 through 2016 riod of fiscal years shall be determined on priate levels of debt held by the public are as and other adjustments. the basis of estimates made by the Com- follows: Sec. 302. Point of order against advance ap- mittee on the Budget of the Senate. Fiscal year 2012: $11,051,000,000,000. propriations. Fiscal year 2013: $11,532,000,000,000. SEC. 314. ADJUSTMENTS TO REFLECT CHANGES Sec. 303. Emergency legislation. IN CONCEPTS AND DEFINITIONS. Fiscal year 2014: $11,748,000,000,000. Sec. 304. Adjustments for the extension of Upon the enactment of a bill or joint reso- Fiscal year 2015: $11,942,000,000,000. certain current policies. lution providing for a change in concepts or Fiscal year 2016: $11,997,000,000,000. definitions, the Chairman of the Committee Subtitle B—Other Provisions SEC. 102. SOCIAL SECURITY. on the Budget of the Senate may make ad- Sec. 311. Oversight of government perform- (a) SOCIAL SECURITY REVENUES.—For pur- justments to the levels and allocations in ance. poses of Senate enforcement under sections

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3196 CONGRESSIONAL RECORD — SENATE May 19, 2011 302 and 311 of the Congressional Budget Act (A) New budget authority, $19,923,000,000. (B) Outlays, $77,973,000,000. of 1974, the amounts of revenues of the Fed- (B) Outlays, $19,428,000,000. Fiscal year 2016: eral Old-Age and Survivors Insurance Trust Fiscal year 2014: (A) New budget authority, $83,349,000,000. Fund and the Federal Disability Insurance (A) New budget authority, $20,279,000,000. (B) Outlays, $77,882,000,000. Trust Fund are as follows: (B) Outlays, $19,875,000,000. (9) Community and Regional Development Fiscal year 2012: $668,000,000,000. Fiscal year 2015: (450): Fiscal year 2013: $732,000,000,000. (A) New budget authority, $20,682,000,000. Fiscal year 2012: Fiscal year 2014: $769,000,000,000. (B) Outlays, $19,725,000,000. (A) New budget authority, $12,089,000,000. Fiscal year 2015: $811,000,000,000. Fiscal year 2016: (B) Outlays, $11,846,000,000. Fiscal year 2016: $855,000,000,000. (A) New budget authority, $21,134,000,000. Fiscal year 2013: (b) SOCIAL SECURITY OUTLAYS.—For pur- (B) Outlays, $19,140,000,000. (A) New budget authority, $12,145,000,000. poses of Senate enforcement under sections (4) Energy (270): (B) Outlays, $12,664,000,000. 302 and 311 of the Congressional Budget Act Fiscal year 2012: Fiscal year 2014: of 1974, the amounts of outlays of the Fed- (A) New budget authority, $5,942,000,000. (A) New budget authority, $12,328,000,000. eral Old-Age and Survivors Insurance Trust (B) Outlays, $6,094,000,000. (B) Outlays, $12,704,000,000. Fund and the Federal Disability Insurance Fiscal year 2013: Fiscal year 2015: Trust Fund are as follows: (A) New budget authority, $4,686,000,000. (A) New budget authority, $12,291,000,000. Fiscal year 2012: $761,225,000,000. (B) Outlays, $3,966,000,000. (B) Outlays, $11,257,000,000. Fiscal year 2013: $799,376,000,000. Fiscal year 2014: Fiscal year 2016: Fiscal year 2014: $842,112,000,000. (A) New budget authority, $3,720,000,000. (A) New budget authority, $12,952,000,000. Fiscal year 2015: $888,722,000,000. (B) Outlays, $2,951,000,000. (B) Outlays, $11,665,000,000. Fiscal year 2016: $939,834,000,000. Fiscal year 2015: (10) Education, Training, Employment, and (c) SOCIAL SECURITY ADMINISTRATIVE EX- (A) New budget authority, $2,327,000,000. Social Services (500): PENSES.—In the Senate, the amounts of new (B) Outlays, $1,421,000,000. Fiscal year 2012: budget authority and budget outlays of the Fiscal year 2016: (A) New budget authority, $43,956,000,000. Federal Old-Age and Survivors Insurance (A) New budget authority, $1,760,000,000. (B) Outlays, $53,666,000,000. Trust Fund and the Federal Disability Insur- (B) Outlays, $893,000,000. Fiscal year 2013: ance Trust Fund for administrative expenses (5) Natural Resources and Environment (A) New budget authority, $44,928,000,000. are as follows: (300): (B) Outlays, $47,304,000,000. Fiscal year 2012: Fiscal year 2012: Fiscal year 2014: (A) New budget authority, $6,181,000,000. (A) New budget authority, $24,276,000,000. (A) New budget authority, $43,620,000,000. (B) Outlays, $6,130,000,000. (B) Outlays, $24,783,000,000. (B) Outlays, $43,723,000,000. Fiscal year 2013: Fiscal year 2013: Fiscal year 2015: (A) New budget authority, $6,486,000,000. (A) New budget authority, $23,872,000,000. (A) New budget authority, $43,852,000,000. (B) Outlays, $6,437,000,000. (B) Outlays, $23,860,000,000. (B) Outlays, $40,908,000,000. Fiscal year 2014: Fiscal year 2014: Fiscal year 2016: (A) New budget authority, $24,452,000,000. (A) New budget authority, $44,731,000,000. (A) New budget authority, $6,813,000,000. (B) Outlays, $24,027,000,000. (B) Outlays, $41,328,000,000. (B) Outlays, $6,759,000,000. Fiscal year 2015: (11) Health (550): Fiscal year 2015: (A) New budget authority, $24,548,000,000. Fiscal year 2012: (A) New budget authority, $7,148,000,000. (B) Outlays, $22,826,000,000. (A) New budget authority, $324,266,000,000. (B) Outlays, $7,094,000,000. Fiscal year 2016: (B) Outlays, $318,273,000,000. Fiscal year 2016: (A) New budget authority, $25,269,000,000. Fiscal year 2013: (A) New budget authority, $7,514,000,000. (B) Outlays, $23,465,000,000. (A) New budget authority, $327,445,000,000. (B) Outlays, $7,455,000,000. (6) Agriculture (350): (B) Outlays, $317,497,000,000. SEC. 103. MAJOR FUNCTIONAL CATEGORIES. Fiscal year 2012: Fiscal year 2014: Congress determines and declares that the (A) New budget authority, $14,120,000,000. (A) New budget authority, $308,851,000,000. appropriate levels of new budget authority (B) Outlays, $11,501,000,000. (B) Outlays, $321,320,000,000. and outlays for fiscal years 2012 through 2016 Fiscal year 2013: Fiscal year 2015: for each major functional category are: (A) New budget authority, $14,874,000,000. (A) New budget authority, $342,220,000,000. (1) National Defense (050): (B) Outlays, $15,703,000,000. (B) Outlays, $325,147,000,000. Fiscal year 2012: Fiscal year 2014: Fiscal year 2016: (A) New budget authority, $636,410,000,000. (A) New budget authority, $15,404,000,000. (A) New budget authority, $328,851,000,000. (B) Outlays, $641,844,000,000. (B) Outlays, $14,806,000,000. (B) Outlays, $328,971,000,000. Fiscal year 2013: Fiscal year 2015: (12) Medicare (570): (A) New budget authority, $573,332,000,000. (A) New budget authority, $14,848,000,000. Fiscal year 2012: (B) Outlays, $585,683,000,000. (B) Outlays, $13,846,000,000. (A) New budget authority, $473,609,000,000. Fiscal year 2014: Fiscal year 2016: (B) Outlays, $473,556,000,000. (A) New budget authority, $534,771,000,000. (A) New budget authority, $15,109,000,000. Fiscal year 2013: (B) Outlays, $554,697,000,000. (B) Outlays, $14,125,000,000. (A) New budget authority, $522,624,000,000. Fiscal year 2015: (7) Commerce and Housing Credit (370): (B) Outlays, $522,902,000,000. (A) New budget authority, $546,422,000,000. Fiscal year 2012: Fiscal year 2014: (B) Outlays, $546,865,000,000. (A) New budget authority, $21,582,000,000. (A) New budget authority, $585,031,000,000. Fiscal year 2016: (B) Outlays, $23,499,000,000. (B) Outlays, $584,986,000,000. (A) New budget authority, $553,892,000,000. Fiscal year 2013: Fiscal year 2015: (B) Outlays, $548,400,000,000. (A) New budget authority, $17,262,000,000. (A) New budget authority, $620,383,000,000. (2) International Affairs (150): (B) Outlays, $13,611,000,000. (B) Outlays, $620,136,000,000. Fiscal year 2012: Fiscal year 2014: Fiscal year 2016: (A) New budget authority, $12,334,000,000. (A) New budget authority, $14,921,000,000. (A) New budget authority, $681,750,000,000. (B) Outlays, $22,285,000,000. (B) Outlays, $234,000,000. (B) Outlays, $682,111,000,000. Fiscal year 2013: Fiscal year 2015: (13) Income Security (600): (A) New budget authority, $9,657,000,000. (A) New budget authority, $14,876,000,000. Fiscal year 2012: (B) Outlays, $15,457,000,000. (B) Outlays, $350,000,000. (A) New budget authority, $362,036,000,000. Fiscal year 2014: Fiscal year 2016: (B) Outlays, $364,046,000,000. (A) New budget authority, $8,603,000,000. (A) New budget authority, $14,918,000,000. Fiscal year 2013: (B) Outlays, $13,457,000,000. (B) Outlays, $3,057,000,000. (A) New budget authority, $347,677,000,000. Fiscal year 2015: (8) Transportation (400): (B) Outlays, $347,144,000,000. (A) New budget authority, $9,083,000,000. Fiscal year 2012: Fiscal year 2014: (B) Outlays, $12,455,000,000. (A) New budget authority, $90,515,000,000. (A) New budget authority, $349,970,000,000. Fiscal year 2016: (B) Outlays, $84,481,000,000. (B) Outlays, $347,342,000,000. (A) New budget authority, $10,361,000,000. Fiscal year 2013: Fiscal year 2015: (B) Outlays, $12,951,000,000. (A) New budget authority, $79,729,000,000. (A) New budget authority, $351,877,000,000. (3) General Science, Space, and Technology (B) Outlays, $79,444,000,000. (B) Outlays, $347,489,000,000. (250): Fiscal year 2014: Fiscal year 2016: Fiscal year 2012: (A) New budget authority, $83,729,000,000. (A) New budget authority, $359,279,000,000. (A) New budget authority, $19,605,000,000. (B) Outlays, $77,589,000,000. (B) Outlays, $359,419,000,000. (B) Outlays, $19,471,000,000. Fiscal year 2015: (14) Social Security (650): Fiscal year 2013: (A) New budget authority, $83,529,000,000. Fiscal year 2012:

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3197 (A) New budget authority, $54,439,000,000. Fiscal year 2015: reducing the Federal vehicles fleet. The (B) Outlays, $54,624,000,000. (A) New budget authority, $73,630,000,000. Chairman may also make adjustments to the Fiscal year 2013: (B) Outlays, $73,630,000,000. Senate’s pay-as-you-go ledger over 5 years to (A) New budget authority, $29,096,000,000. Fiscal year 2016: ensure that the deficit reduction achieved is (B) Outlays, $29,256,000,000. (A) New budget authority, $176,769,000,000. used for deficit reduction only. The adjust- Fiscal year 2014: (B) Outlays, $176,769,000,000. ments authorized under this section shall be (A) New budget authority, $32,701,000,000. (20) Undistributed Offsetting Receipts (950): of the amount of deficit reduction achieved. (B) Outlays, $32,776,000,000. Fiscal year 2012: SEC. 205. DEFICIT-REDUCTION RESERVE FUND Fiscal year 2015: (A) New budget authority, $91,066,000,000. FOR THE SALE OF FINANCIAL AS- (A) New budget authority, $36,261,000,000. (B) Outlays, $91,066,000,000. SETS PURCHASED THROUGH THE (B) Outlays, $36,311,000,000. Fiscal year 2013: TROUBLED ASSET RELIEF PRO- Fiscal year 2016: (A) New budget authority, $95,337,000,000. GRAM. (A) New budget authority, $40,171,000,000. (B) Outlays, $95,337,000,000. The Chairman of the Committee on the (B) Outlays, $40,171,000,000. Fiscal year 2014: Budget of the Senate may reduce the alloca- (15) Veterans Benefits and Services (700): (A) New budget authority, $98,817,000,000. tions of a committee or committees, aggre- Fiscal year 2012: (B) Outlays, $98,817,000,000. gates, and other appropriate levels and lim- (A) New budget authority, $121,854,000,000. Fiscal year 2015: its in this resolution for one or more bills, (B) Outlays, $121,052,000,000. (A) New budget authority, $104,737,000,000. joint resolutions, amendments, motions, or Fiscal year 2013: (B) Outlays, $104,737,000,000. conference reports that achieve savings by (A) New budget authority, $128,939,000,000. Fiscal year 2016: selling financial instruments and equity ac- (B) Outlays, $128,937,000,000. (A) New budget authority, $114,106,000,000. cumulated through the Troubled Asset Relief Fiscal year 2014: (B) Outlays, $114,106,000,000. Program. The Chairman may also make ad- (A) New budget authority, $132,589,000,000. justments to the Senate’s pay-as-you-go (B) Outlays, $132,599,000,000. TITLE II—RESERVE FUNDS ledger over 5 years to ensure that the deficit Fiscal year 2015: SEC. 201. DEFICIT-REDUCTION RESERVE FUND reduction achieved is used for deficit reduc- (A) New budget authority, $136,144,000,000. FOR THE SALE OF UNUSED OR VA- tion only. The adjustments authorized under (B) Outlays, $130,583,000,000. CANT FEDERAL PROPERTIES. this section shall be of the amount of deficit Fiscal year 2016: The Chairman of the Committee on the reduction achieved. Budget of the Senate may reduce the alloca- (A) New budget authority, $145,012,000,000. TITLE III—BUDGET PROCESS (B) Outlays, $139,264,000,000. tions of a committee or committees, aggre- Subtitle A—Budget Enforcement (16) Administration of Justice (750): gates, and other appropriate levels and lim- Fiscal year 2012: its in this resolution for one or more bills, SEC. 301. DISCRETIONARY SPENDING LIMITS FOR (A) New budget authority, $48,716,000,000. joint resolutions, amendments, motions, or FISCAL YEARS 2012 THROUGH 2016 AND OTHER ADJUSTMENTS. (B) Outlays, $39,406,000,000. conference reports that achieve savings by (a) SENATE POINT OF ORDER.— Fiscal year 2013: selling any unused or vacant Federal prop- (1) IN GENERAL.—Except as otherwise pro- (A) New budget authority, $44,016,000,000. erties. The Chairman may also make adjust- vided in this section, it shall not be in order (B) Outlays, $42,321,000,000. ments to the Senate’s pay-as-you-go ledger Fiscal year 2014: over 5 years to ensure that the deficit reduc- in the Senate to proceed to or consider any (A) New budget authority, $44,528,000,000. tion achieved is used for deficit reduction bill, joint resolution, or concurrent resolu- (B) Outlays, $44,127,000,000. only. The adjustments authorized under this tion (or amendment, motion, or conference Fiscal year 2015: section shall be of the amount of deficit re- report on that bill, joint resolution, or con- (A) New budget authority, $45,211,000,000. duction achieved. current resolution, and amendments between houses) that would cause the discretionary (B) Outlays, $42,602,000,000. SEC. 202. DEFICIT-REDUCTION RESERVE FUND Fiscal year 2016: FOR SELLING EXCESS FEDERAL spending limits in this section to be exceed- (A) New budget authority, $48,251,000,000. LANDS. ed. (B) Outlays, $45,423,000,000. The Chairman of the Committee on the (2) SUPERMAJORITY WAIVER AND APPEALS.— (17) General Government (800): Budget of the Senate may reduce the alloca- (A) WAIVER.—This subsection may be Fiscal year 2012: tions of a committee or committees, aggre- waived or suspended in the Senate only by (A) New budget authority, $24,055,000,000. gates, and other appropriate levels and lim- the affirmative vote of two-thirds of the (B) Outlays, $22,616,000,000. its in this resolution for one or more bills, Members, duly chosen and sworn. Fiscal year 2013: joint resolutions, amendments, motions, or (B) APPEALS.—Appeals in the Senate from (A) New budget authority, $23,812,000,000. conference reports from savings achieved by the decisions of the Chair relating to any (B) Outlays, $22,788,000,000. selling any excess Federal lands. The Chair- provision of this subsection shall be limited Fiscal year 2014: man may also make adjustments to the Sen- to 1 hour, to be equally divided between, and (A) New budget authority, $24,030,000,000. ate’s pay-as-you-go ledger over 5 years to en- controlled by, the appellant and the manager (B) Outlays, $23,757,000,000. sure that the deficit reduction achieved is of the bill or joint resolution. An affirmative Fiscal year 2015: used for deficit reduction only. The adjust- vote of two-thirds of the Members of the (A) New budget authority, $24,315,000,000. ments authorized under this section shall be Senate, duly chosen and sworn, shall be re- (B) Outlays, $23,303,000,000. of the amount of deficit reduction achieved. quired to sustain an appeal of the ruling of the Chair on a point of order raised under Fiscal year 2016: SEC. 203. DEFICIT-REDUCTION RESERVE FUND (A) New budget authority, $24,537,000,000. FOR THE REPEAL OF DAVIS-BACON this subsection. (B) Outlays, $23,546,000,000. PREVAILING WAGE LAWS. (b) SENATE DISCRETIONARY SPENDING LIM- (18) Net Interest (900): The Chairman of the Committee on the ITS.—In the Senate and as used in this sec- Fiscal year 2012: Budget of the Senate may reduce the alloca- tion, the term ‘‘discretionary spending (A) New budget authority, $250,328,000,000. tions of a committee or committees, aggre- limit’’ means— (B) Outlays, $250,328,000,000. gates, and other appropriate levels and lim- (1) for fiscal year 2012, $844,373,000,000 in Fiscal year 2013: its in this resolution for one or more bills, new budget authority and $915,138,000,000 in (A) New budget authority, $284,497,000,000. joint resolutions, amendments, motions, or outlays; (B) Outlays, $284,497,000,000. conference reports from savings achieved by (2) for fiscal year 2013, $848,710,000,000 in Fiscal year 2014: repealing the Davis-Bacon prevailing wage new budget authority and $908,598,000,000 in (A) New budget authority, $325,920,000,000. laws. The Chairman may also make adjust- outlays; (B) Outlays, $325,920,000,000. ments to the Senate’s pay-as-you-go ledger (3) for fiscal year 2014, $872,652,000,000 in Fiscal year 2015: over 5 years to ensure that the deficit reduc- new budget authority and $926,155,000,000 in (A) New budget authority, $406,639,000,000. tion achieved is used for deficit reduction outlays; (B) Outlays, $406,639,000,000. only. The adjustments authorized under this (4) for fiscal year 2015, $891,546,,000,000 in Fiscal year 2016: section shall be of the amount of deficit re- new budget authority and $903,680,000,000 in (A) New budget authority, $449,223,000,000. duction achieved. outlays; (5) for fiscal year 2016, $907,553,000,000 in (B) Outlays, $449,223,000,000. SEC. 204. DEFICIT-REDUCTION RESERVE FUND (19) Allowances (920): FOR THE REDUCTION OF PUR- new budget authority and $910,501,000,000 in Fiscal year 2012: CHASING AND MAINTAINING FED- outlays; (A) New budget authority, $43,100,000,000. ERAL VEHICLES. as adjusted in conformance with the adjust- (B) Outlays, $43,100,000,000. The Chairman of the Committee on the ment procedures in subsection (c). Fiscal year 2013: Budget of the Senate may reduce the alloca- (c) ADJUSTMENTS IN THE SENATE.— (A) New budget authority, $51,696,000,000. tions of a committee or committees, aggre- (1) IN GENERAL.—After the reporting of a (B) Outlays, $51,696,000,000. gates, and other appropriate levels and lim- bill or joint resolution relating to any mat- Fiscal year 2014: its in this resolution for one or more bills, ter described in paragraph (2), or the offering (A) New budget authority, $65,706,000,000. joint resolutions, amendments, motions, or of an amendment or motion thereto or the (B) Outlays, $65,706,000,000. conference reports that achieve savings by submission of a conference report thereon—

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3198 CONGRESSIONAL RECORD — SENATE May 19, 2011 (A) the Chairman of the Committee on the SEC. 303. EMERGENCY LEGISLATION. an amendment between the Houses in rela- Budget of the Senate may adjust the discre- (a) AUTHORITY TO DESIGNATE.—In the Sen- tion to, a bill, upon a point of order being tionary spending limits, budgetary aggre- ate, with respect to a provision of direct made by any Senator pursuant to this sec- gates, and allocations pursuant to section spending or receipts legislation or appropria- tion, and such point of order being sustained, 302(a) of the Congressional Budget Act of tions for discretionary accounts that Con- such material contained in such conference 1974, by the amount of new budget authority gress designates as an emergency require- report shall be stricken, and the Senate shall in that measure for that purpose and the ment in such measure, the amounts of new proceed to consider the question of whether outlays flowing therefrom; and budget authority, outlays, and receipts in all the Senate shall recede from its amendment (B) following any adjustment under sub- fiscal years resulting from that provision and concur with a further amendment, or paragraph (A), the Committee on Appropria- shall be treated as an emergency require- concur in the House amendment with a fur- tions of the Senate may report appropriately ment for the purpose of this section. ther amendment, as the case may be, which revised suballocations pursuant to section (b) EXEMPTION OF EMERGENCY PROVI- further amendment shall consist of only that 302(b) of the Congressional Budget Act of 1974 SIONS.—Any new budget authority, outlays, portion of the conference report or House to carry out this subsection. and receipts resulting from any provision amendment, as the case may be, not so (2) ADJUSTMENTS TO SUPPORT ONGOING designated as an emergency requirement, stricken. Any such motion in the Senate OVERSEAS DEPLOYMENTS AND OTHER ACTIVI- pursuant to this section, in any bill, joint shall be debatable under the same conditions TIES.— resolution, concurrent resolution, amend- as was the conference report. (A) ADJUSTMENTS.—The Chairman of the ment, or conference report shall not count (f) CRITERIA.— Committee on the Budget of the Senate may for purposes of sections 302 and 311 of the (1) IN GENERAL.—For purposes of this sec- adjust the discretionary spending limits, al- Congressional Budget Act of 1974, section 201 tion, any provision is an emergency require- locations to the Committee on Appropria- of S. Con. Res. 21 (110th Congress) (relating ment if the situation addressed by such pro- tions of the Senate, and aggregates for one to pay-as-you-go), section 311 of S. Con. Res. vision is— or more— 70 (110th Congress) (relating to long-term (A) necessary, essential, or vital (not mere- (i) bills reported by the Committee on Ap- deficits), and section 404 of S. Con. Res. 13 ly useful or beneficial); (111th Congress) (relating to short-term defi- propriations of the Senate or passed by the (B) sudden, quickly coming into being, and cits), and section 301 of this resolution (re- House of Representatives; not building up over time; lating to discretionary spending). Designated (ii) joint resolutions or amendments re- (C) an urgent, pressing, and compelling emergency provisions shall not count for the ported by the Committee on Appropriations need requiring immediate action; purpose of revising allocations, aggregates, of the Senate; (D) subject to subparagraph (B), unfore- or other levels pursuant to procedures estab- (iii) amendments between the Houses re- seen, unpredictable, and unanticipated; and lished under section 301(b)(7) of the Congres- (E) not permanent, temporary in nature. ceived from the House of Representatives or sional Budget Act of 1974 for deficit-neutral (2) UNFORESEEN.—An emergency that is Senate amendments offered by the authority reserve funds and revising discretionary part of an aggregate level of anticipated of the Committee on Appropriations of the spending limits set pursuant to section 301 of emergencies, particularly when normally es- Senate; or this resolution. timated in advance, is not unforeseen. (iv) conference reports; (c) DESIGNATIONS.—If a provision of legisla- (g) INAPPLICABILITY.—In the Senate, sec- making appropriations for overseas deploy- tion is designated as an emergency require- tion 403 of S. Con. Res. 13 (111th Congress), ment under this section, the committee re- ments and other activities in the amounts the concurrent resolution on the budget for port and any statement of managers accom- specified in subparagraph (B). fiscal year 2010, shall no longer apply. (B) AMOUNTS SPECIFIED.—The amounts panying that legislation shall include an ex- planation of the manner in which the provi- SEC. 304. ADJUSTMENTS FOR THE EXTENSION OF specified are— CERTAIN CURRENT POLICIES. sion meets the criteria in subsection (f). (i) for fiscal year 2012, $117,000,000,000 in (a) ADJUSTMENT.—For the purposes of de- (d) DEFINITIONS.—In this section, the terms new budget authority and the outlays flow- termining points of order specified in sub- ing therefrom; ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appro- priations for discretionary accounts’’ mean section (b), the Chairman of the Committee (ii) for fiscal year 2013, $50,000,000,000 in on the Budget of the Senate may adjust the new budget authority and the outlays flow- any provision of a bill, joint resolution, amendment, motion, or conference report estimate of the budgetary effects of a bill, ing therefrom; joint resolution, amendment, motion, or con- (iii) for fiscal year 2014, $0 in new budget that affects direct spending, receipts, or ap- propriations as those terms have been de- ference report that contains one or more pro- authority and the outlays flowing therefrom; visions meeting the criteria of subsection (c) (iv) for fiscal year 2015, $0 in new budget fined and interpreted for purposes of the Bal- anced Budget and Emergency Deficit Control to exclude the amounts of qualifying budg- authority and the outlays flowing therefrom; Act of 1985. etary effects. and (b) COVERED POINTS OF ORDER.—The Chair- (e) POINT OF ORDER.— (v) for fiscal year 2016, $0 in new budget au- man of the Committee on the Budget of the (1) IN GENERAL.—When the Senate is con- Senate may make adjustments pursuant to thority and the outlays flowing therefrom; sidering a bill, resolution, amendment, mo- this section for the following points of order SEC. 302. POINT OF ORDER AGAINST ADVANCE tion, or conference report, if a point of order only: APPROPRIATIONS. is made by a Senator against an emergency (a) POINT OF ORDER.—It shall not be in (1) Section 201 of S. Con. Res. 21 (110th Con- designation in that measure, that provision order in the Senate to proceed to or consider gress) (relating to pay-as-you-go). making such a designation shall be stricken any bill, joint resolution, concurrent resolu- (2) Section 311 of S. Con. Res. 70 (110th Con- from the measure and may not be offered as tion, motion, amendment, or conference re- gress) (relating to long-term deficits). an amendment from the floor. port that would provide an advance appro- (3) Section 404 of S. Con. Res. 13 (111th Con- (2) SUPERMAJORITY WAIVER AND APPEALS.— priation. gress) (relating to short-term deficits). (A) WAIVER.—Paragraph (1) may be waived (b) DEFINITION.—In this section, the term (c) QUALIFYING LEGISLATION.—The Chair- ‘‘advance appropriation’’ means any new or suspended in the Senate only by an af- man of the Committee on the Budget of the budget authority provided in a bill or joint firmative vote of two-thirds of the Members, Senate may make adjustments authorized resolution making appropriations for fiscal duly chosen and sworn. under subsection (a) for legislation con- year 2012 that first becomes available for any (B) APPEALS.—Appeals in the Senate from taining provisions that— fiscal year after 2012, or any new budget au- the decisions of the Chair relating to any (1) amend or supersede the system for up- thority provided in a bill or joint resolution provision of this subsection shall be limited dating payments made under subsections making general appropriations or continuing to 1 hour, to be equally divided between, and 1848 (d) and (f) of the Social Security Act, appropriations for fiscal year 2013, that first controlled by, the appellant and the manager consistent with section 7(c) of the Statutory becomes available for any fiscal year after of the bill or joint resolution, as the case Pay-As-You-Go Act of 2010 (Public Law 111– 2013. may be. An affirmative vote of two-thirds of 139); (c) SUPERMAJORITY WAIVER AND APPEALS.— the Members of the Senate, duly chosen and (2) amend the Estate and Gift Tax under (1) WAIVER.—Subsection (a) may be waived sworn, shall be required to sustain an appeal subtitle B of the Internal Revenue Code of or suspended in the Senate only by an af- of the ruling of the Chair on a point of order 1986, consistent with section 7(d) of the Stat- firmative vote of two-thirds of the Members, raised under this subsection. utory Pay-As-You-Go Act of 2010; duly chosen and sworn. (3) DEFINITION OF AN EMERGENCY DESIGNA- (3) extend relief from the Alternative Min- (2) APPEALS.—Appeals in the Senate from TION.—For purposes of paragraph (1), a provi- imum Tax for individuals under sections 55– the decisions of the Chair relating to any sion shall be considered an emergency des- 59 of the Internal Revenue Code of 1986, con- provision of this subsection shall be limited ignation if it designates any item as an sistent with section 7(e) of the Statutory to 1 hour, to be equally divided between, and emergency requirement pursuant to this sub- Pay-As-You-Go Act of 2010; and controlled by, the appellant and the manager section. (4) extend middle-class tax cuts made in of the bill or joint resolution, as the case (4) FORM OF THE POINT OF ORDER.—A point the Economic Growth and Tax Relief Rec- may be. An affirmative vote of two-thirds of of order under paragraph (1) may be raised onciliation Act of 2001 (Public Law 107–16) the Members of the Senate, duly chosen and by a Senator as provided in section 313(e) of and the Jobs and Growth Tax Relief and Rec- sworn, shall be required to sustain an appeal the Congressional Budget Act of 1974. onciliation Act of 2003 (Public Law 108–27), of the ruling of the Chair on a point of order (5) CONFERENCE REPORTS.—When the Sen- consistent with section 7(f) of the Statutory raised under this subsection. ate is considering a conference report on, or Pay-As-You-Go Act of 2010.

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(d) DEFINITION.—For the purposes of this the extent that they are inconsistent with (B) removes all mandates or laws require section, the terms ‘‘budgetary effects’’ or such other rules; and the purchase of health insurance; ‘‘effects’’ mean the amount by which a provi- (2) with full recognition of the constitu- (C) promotes individual and family based sion changes direct spending or revenues rel- tional right of the Senate to change those plans; and ative to the baseline. rules at any time, in the same manner, and (D) encourages interstate competition. Subtitle B—Other Provisions to the same extent as is the case of any other SEC. 503. RESCIND UNSPENT OR UNOBLIGATED rule of the Senate. BALANCES AFTER 36 MONTHS. SEC. 311. OVERSIGHT OF GOVERNMENT PER- FORMANCE. TITLE IV—RECONCILIATION (a) APPLICATION.—Any adjustments of allo- In the Senate, all committees shall— SEC. 401. RECONCILIATION IN THE SENATE. cations and aggregates made pursuant to this resolution shall require that 36 months (1) review programs and tax expenditures (a) SUBMISSION TO PROVIDE FOR THE RE- after such funds are made available, the within their jurisdiction to identify waste, FORM OF MANDATORY SPENDING .—Not later Chairman of the Committee on the Budget of fraud, abuse or duplication, and increase the than September 1, 2011, the Senate commit- the Senate shall reduce the allocations of a use of performance data to inform com- tees named in subsection (b) shall submit committee or committees, aggregates, and mittee work; their recommendations to the Committee on other appropriate levels by the amount un- (2) review the matters for congressional the Budget of the United States Senate. obligated or unspent. consideration identified on the Government After receiving those recommendations from (b) EFFECT OF CHANGED ALLOCATIONS AND Accountability Office’s High Risk list re- the applicable committees of the Senate, the AGGREGATES.—Revised allocations and ag- ports; and Committee on the Budget shall report to the gregates resulting from these adjustments (3) based on these oversight efforts and per- Senate a reconciliation bill carrying out all resulting from the required rescissions shall formance reviews of programs within their such recommendations without substantive be considered for the purposes of the Con- jurisdiction, include recommendations for revision. gressional Budget Act of 1974 as allocations improved governmental performance in their (b) INSTRUCTIONS.— and aggregates contained in this resolution. annual views and estimates reports required (1) COMMITTEE ON FOREIGN RELATIONS.—The (c) BUDGET COMMITTEE DETERMINATIONS.— under section 301(d) of the Congressional Committee on Foreign Relations shall report For purposes of this resolution the levels of Budget Act of 1974 to the Committees on the changes in law within its jurisdiction suffi- new budget authority, outlays, direct spend- Budget. cient to reduce direct spending outlays by ing, new entitlement authority, revenues, SEC. 312. APPLICATION AND EFFECT OF $2,651,000,000 for the period of fiscal years deficits, and surpluses for a fiscal year or pe- CHANGES IN ALLOCATIONS AND AG- 2012 through 2016. riod of fiscal years shall be determined on GREGATES. (2) COMMITTEE ON COMMERCE, SCIENCE, AND the basis of estimates made by the Com- (a) APPLICATION.—Any adjustments of allo- TRANSPORTATION.—The Committee on Com- cations and aggregates made pursuant to merce, Science, and Transportation shall re- mittee on the Budget of the Senate. this resolution shall— port changes in law within its jurisdiction f (1) apply while that measure is under con- sufficient to reduce direct spending outlays AMENDMENTS SUBMITTED AND sideration; by $1,000,000,000 for the period of fiscal years (2) take effect upon the enactment of that 2012 through 2016. PROPOSED measure; and (3) COMMITTEE ON AGRICULTURE, NUTRITION, SA 321. Mr. DURBIN (for Ms. LANDRIEU (for (3) be published in the Congressional AND ENERGY.—The Committee on Agri- herself and Ms. SNOWE)) proposed an amend- Record as soon as practicable. culture, Nutrition, and Energy shall report ment to the bill S. 990, to provide for an ad- (b) EFFECT OF CHANGED ALLOCATIONS AND changes in law within its jurisdiction suffi- ditional temporary extension of programs AGGREGATES.—Revised allocations and ag- cient to reduce direct spending outlays by under the Small Business Act and the Small gregates resulting from these adjustments $229,599,000,000 for the period of fiscal years Business Investment Act of 1958, and for shall be considered for the purposes of the 2012 through 2016. other purposes. Congressional Budget Act of 1974 as alloca- (4) COMMITTEE ON BANKING, HOUSING AND SA 322. Mr. DURBIN (for Mr. SESSIONS) tions and aggregates contained in this reso- URBAN AFFAIRS.—The Committee on Bank- proposed an amendment to the resolution S. lution. ing, Housing, and Urban Affairs shall report Res. 184, recognizing the life and service of (c) BUDGET COMMITTEE DETERMINATIONS.— changes in laws within its jurisdiction suffi- the Honorable Hubert H. Humphrey, distin- For purposes of this resolution the levels of cient to reduce direct spending outlays by guished former Senator from the State of new budget authority, outlays, direct spend- $5,000,000,000 for the period of fiscal years Minnesota and former Vice President of the ing, new entitlement authority, revenues, 2012 through 2016. United States, upon the 100th anniversary of deficits, and surpluses for a fiscal year or pe- (5) COMMITTEE ON HEALTH, EDUCATION, his birth. riod of fiscal years shall be determined on LABOR, AND PENSIONS.—The Committee on f the basis of estimates made by the Com- Health, Education, Labor, and Pensions shall mittee on the Budget of the Senate. report changes in laws within its jurisdiction TEXT OF AMENDMENTS SEC. 313. ADJUSTMENTS TO REFLECT CHANGES sufficient to reduce direct spending outlays IN CONCEPTS AND DEFINITIONS. by $467,550,000,000 for the period of fiscal SA 321. Mr. DURBIN (for Ms. Upon the enactment of a bill or joint reso- years 2012 through 2016. LANDRIEU (for herself and Ms. SNOWE)) lution providing for a change in concepts or (6) COMMITTEE ON FINANCE.—The Com- proposed an amendment to the bill S. definitions, the Chairman of the Committee mittee on Finance shall report changes in 990, to provide for an additional tem- on the Budget of the Senate may make ad- laws within its jurisdiction sufficient to re- porary extension of programs under the justments to the levels and allocations in duce direct spending outlays by this resolution in accordance with section Small Business Act and the Small $519,693,000,000 for the period of fiscal years Business Investment Act of 1958, and 251(b) of the Balanced Budget and Emergency 2012 through 2016. Deficit Control Act of 1985 (as in effect prior for other purposes; as follows: to September 30, 2002). TITLE V—LONG-TERM POLICY CHANGES Strike all after the enacting clause and in- SEC. 314. BUDGETARY TREATMENT OF CERTAIN SEC. 501. POLICY STATEMENT ON SOCIAL SECU- sert the following: RITY. DISCRETIONARY ADMINISTRATIVE SECTION 1. SHORT TITLE. EXPENSES. It is the policy of this concurrent resolu- This Act may be cited as the ‘‘Small Busi- tion that Congress and the relevant commit- In the Senate, notwithstanding section ness Additional Temporary Extension Act of tees of jurisdiction enact legislation— 302(a)(1) of the Congressional Budge Act of 2011’’. 1974, section 13301 of the Budget Enforcement (1) to ensure the Social Security System Act of 1990, and section 2009a of title 39, achieves solvency over the 75 year window; SEC. 2. ADDITIONAL TEMPORARY EXTENSION OF AUTHORIZATION OF PROGRAMS United States Code, the joint explanatory and UNDER THE SMALL BUSINESS ACT statement accompanying the conference re- (2) that includes— AND THE SMALL BUSINESS INVEST- port on any concurrent resolution on the (A) progressive Price Indexing using a for- MENT ACT OF 1958. budget shall include in its allocations under mula including wage and price indexing; (a) IN GENERAL.—Section 1 of the Act enti- section 302(a) of the Congressional Budge Act (B) life expectancy and longevity indexing; tled ‘‘An Act to extend temporarily certain of 1974 to the Senate Committee on Appro- and authorities of the Small Business Adminis- priations amounts for the discretionary ad- (C) a gradual increase in the retirement tration’’, approved October 10, 2006 (Public ministrative expenses of the Social Security age. Law 109–316; 120 Stat. 1742), as most recently Administration and of the Postal Service. SEC. 502. POLICY STATEMENT ON MEDICARE. amended by section 1 of Public Law 112–1 (125 SEC. 315. EXERCISE OF RULEMAKING POWERS. It is the policy of this concurrent resolu- Stat. 3), is amended— The Senate adopts the provisions of this tion that Congress and the relevant commit- (1) by striking ‘‘Any’’ and inserting ‘‘Ex- subtitle— tees of jurisdiction enact legislation— cept as provided in section 3 of the Small (1) as an exercise of the rulemaking power (1) to ensure Medicare achieves solvency Business Additional Temporary Extension of the Senate, and as such they shall be con- over the 75 year window; and Act of 2011, any’’; and sidered as part of the rules of the Senate and (2) that— (2) by striking ‘‘May 31, 2011’’ each place it such rules shall supersede other rules only to (A) includes free-market based health care; appears and inserting ‘‘June 30, 2011’’.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3200 CONGRESSIONAL RECORD — SENATE May 19, 2011 (b) EFFECTIVE DATE.—The amendments mittee on Armed Services be author- Product Safety, and Insurance of the made by subsection (a) shall take effect on ized to meet during the session of the Committee on Commerce, Science, and May 30, 2011. Senate on May 19, 2011, at 9:30 a.m. Transportation be authorized to meet SEC. 3. EXTENSION OF SBIR AND STTR TERMI- The PRESIDING OFFICER. Without during the session of the Senate on NATION DATES. objection, it is so ordered. May 19, 2011, at 10 a.m. in room 253 of (a) SBIR.—Section 9(m) of the Small Busi- ness Act (15 U.S.C. 638(m)) is amended— COMMITTEE ON HOMELAND SECURITY AND the Russell Senate Office Building, to (1) by striking ‘‘TERMINATION.—’’ and all GOVERNMENTAL AFFAIRS conduct a hearing entitled, ‘‘Consumer that follows through ‘‘the authorization’’ Mr. COONS. Mr. President, I ask Privacy and Protection in the Mobile and inserting ‘‘TERMINATION.—The author- unanimous consent that the Com- Marketplace.’’ ization’’; mittee on Homeland Security and Gov- The PRESIDING OFFICER. Without (2) by striking ‘‘September 30, 2008’’ and in- ernmental Affairs be authorized to objection, it is so ordered. serting ‘‘May 31, 2012’’; and meet during the session of the Senate SUBCOMMITTEE ON SECURITIES, INSURANCE, AND (3) by striking paragraph (2). on May 19, 2011, at 1:30 p.m. to conduct INVESTMENT (b) STTR.—Section 9(n) of the Small Busi- ness Act (15 U.S.C. 638(n)) is amended— a hearing entitled ‘‘Ten Years After 9/ Mr. COONS. Mr. President, I ask (1) in paragraph (1)(A)— 11: Is Intelligence Reform Working? unanimous consent that the Com- (A) by striking ‘‘IN GENERAL.—’’ and all Part II.’’ mittee on Banking, Housing, and that follows through ‘‘each Federal’’ and in- The PRESIDING OFFICER. Without Urban Affairs’ Subcommittee on Secu- serting ‘‘IN GENERAL.—Each Federal’’; objection, it is so ordered. rities, Insurance, and Investment, be (B) by striking ‘‘that fiscal year’’ and in- COMMITTEE ON THE JUDICIARY authorized to meet during the session serting ‘‘a fiscal year’’; and Mr. COONS. Mr. President, I ask of the Senate on May 19, 2011, at 10 (C) by striking clause (ii); and (2) by adding at the end the following: unanimous consent that the Com- a.m., to conduct a hearing entitled ‘‘(4) TERMINATION.—The authorization to mittee on the Judiciary be authorized ‘‘Public Transportation: Priorities and carry out the Small Business Technology to meet during the session of the Sen- Challenges for Reauthorization.’’ Transfer Program established under this sec- ate, on May 19, 2011, at 10 a.m., in SD– The PRESIDING OFFICER. Without tion shall terminate on May 31, 2012.’’. 226 of the Dirksen Senate Office Build- objection, it is so ordered. (c) COMMERCIALIZATION PILOT PROGRAM.— ing, to conduct an executive business SUBCOMMITTEE ON WATER AND POWER Section 9(y)(6) of the Small Business Act (15 meeting. Mr. COONS. Mr. President, I ask U.S.C. 638(y)(6)) is amended by striking ‘‘at The PRESIDING OFFICER. Without the end of fiscal year 2010’’ and inserting ‘‘on unanimous consent that the Sub- May 31, 2012’’. objection, it is so ordered. committee on Water and Power be au- SEC. 4. COMPETITIVE SELECTION PROCEDURES COMMITTEE ON ENERGY AND NATURAL thorized to meet during the session of FOR SBIR AND STTR PROGRAMS. RESOURCES the Senate on May 19, 2011, at 2:30 p.m., Section 9 of the Small Business Act (15 Mr. COONS. Mr. President, I ask in room SD–366 of the Dirksen Senate U.S.C. 638) is amended by adding at the end unanimous consent that the Com- Office Building. the following: mittee on Energy and Natural Re- The PRESIDING OFFICER. Without ‘‘(aa) COMPETITIVE SELECTION PROCEDURES sources be authorized to meet during objection, it is so ordered. FOR SBIR AND STTR PROGRAMS.—All funds the session of the Senate on May 19, awarded, appropriated, or otherwise made available in accordance with subsection (f) 2011, at 10 a.m., in room SD–366 of the f or (n) must be awarded pursuant to competi- Dirksen Senate Office Building. tive and merit-based selection procedures.’’. The PRESIDING OFFICER. Without TEMPORARY EXTENSION OF objection, it is so ordered. SMALL BUSINESS PROGRAMS SA 322. Mr. DURBIN (for Mr. SES- COMMITTEE ON SMALL BUSINESS AND Mr. DURBIN. Mr. President, I ask SIONS) proposed an amendment to the ENTREPRENEURSHIP resolution S. Res. 184, recognizing the Mr. COONS. Mr. President, I ask unanimous consent that the Senate life and service of the Honorable Hu- unanimous consent that the Com- proceed to the consideration of Cal- bert H. Humphrey, distinguished mittee on Small Business and Entre- endar No. 51, S. 990. former Senator from the State of Min- preneurship be authorized to meet dur- The ACTING PRESIDENT pro tem- nesota and former Vice President of ing the session of the Senate on May pore. The clerk will report the bill by the United States, upon the 100th anni- 19, 2011, at 10 a.m. to conduct a hearing title. versary of his birth; as follows: entitled ‘‘Small Business Recovery: The legislative clerk read as follows: On page 4, strike lines 10–14. Progress Report on Small Business A bill (S. 990) to provide for an additional Jobs Act of 2010 Implementation.’’ temporary extension of programs under the f Small Business Act and the Small Business The PRESIDING OFFICER. Without NOTICE OF HEARING Investment Act of 1958, and for other pur- objection, it is so ordered. poses. COMMITTEE ON ENERGY AND NATURAL SELECT COMMITTEE ON INTELLIGENCE There being no objection, the Senate RESOURCES Mr. COONS. Mr. President, I ask proceeded to consider the bill. Mr. BINGAMAN. Mr. President, I unanimous consent that the Select Mr. DURBIN. Mr. President, I ask would like to announce that the Com- Committee on Intelligence be author- unanimous consent that a Landrieu- mittee on Energy and Natural Re- ized to meet during the session of the Snowe substitute amendment, which is sources will hold a business meeting on Senate on May 19, 2011, at 2:30 p.m. at the desk, be agreed to, the bill, as Thursday, May 26, 2011, at 10:00 a.m., in The PRESIDING OFFICER. Without amended, be read a third time and room SD–366 of the Dirksen Senate Of- objection, it is so ordered. passed, the motions to reconsider be fice Building. If needed, the business AFRICAN AFFAIRS SUBCOMMITTEE laid upon the table, with no inter- meeting may reconvene Thursday Mr. COONS. Mr. President, I ask vening action or debate, and any state- afternoon. unanimous consent that the Com- ments related to the bill be printed in The purpose of the business meeting mittee on Foreign Relations be author- the RECORD. is to consider pending energy legisla- ized to meet during the session of the The ACTING PRESIDENT pro tem- tion. Senate on May 19, 2011, at 3:30 p.m., to pore. Without objection, it is so or- For further information, please con- hold an African Affairs subcommittee dered. tact Sam Fowler at (202) 224–7571 or hearing entitled, ‘‘Next Steps in Coˆ te The amendment (No. 321) was agreed Amanda Kelly at (202) 224–6836. d’Ivoire.’’ to, as follows: f The PRESIDING OFFICER. Without (Purpose: In the nature of a substitute) objection, it is so ordered. AUTHORITY FOR COMMITTEES TO Strike all after the enacting clause and in- SUBCOMMITTEE ON CONSUMER PROTECTION, sert the following: MEET PRODUCT SAFETY AND INSURANCE , SECTION 1. SHORT TITLE. COMMITTEE ON ARMED SERVICES Mr. COONS. Mr. President, I ask This Act may be cited as the ‘‘Small Busi- Mr. COONS. Mr President, I ask unanimous consent that the Sub- ness Additional Temporary Extension Act of unanimous consent that the Com- committee on Consumer Protection, 2011’’.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3201 SEC. 2. ADDITIONAL TEMPORARY EXTENSION OF Humphrey, distinguished former Senator 1964 and service from 1970 to 1978), Hubert AUTHORIZATION OF PROGRAMS from the State of Minnesota and former Vice Humphrey compiled a record of accomplish- UNDER THE SMALL BUSINESS ACT President of the United States, upon the ment virtually unmatched in the 20th cen- AND THE SMALL BUSINESS INVEST- 100th anniversary of his birth. tury, encompassing, among other issues, MENT ACT OF 1958. civil and human rights, workforce develop- (a) IN GENERAL.—Section 1 of the Act enti- There being no objection, the Senate ment, labor rights, health care, arms control tled ‘‘An Act to extend temporarily certain proceeded to consider the resolution. and disarmament, the Peace Corps, small authorities of the Small Business Adminis- Mr. DURBIN. Mr. President, I ask business assistance, education reform, wil- tration’’, approved October 10, 2006 (Public unanimous consent that unless I am al- derness preservation, immigration reform, Law 109–316; 120 Stat. 1742), as most recently ready a cosponsor, I be added as a co- and agriculture; amended by section 1 of Public Law 112–1 (125 sponsor. Whereas his service as floor leader during Stat. 3), is amended— The ACTING PRESIDENT pro tem- the Senate’s consideration of the Civil (1) by striking ‘‘Any’’ and inserting ‘‘Ex- pore. Without objection, it is so or- Rights Act of 1964 was essential to the even- cept as provided in section 3 of the Small tual passage of the Act in the aftermath of Business Additional Temporary Extension dered. Mr. DURBIN. I ask unanimous con- breaking the filibuster against this historic Act of 2011, any’’; and legislation; (2) by striking ‘‘May 31, 2011’’ each place it sent that the Sessions amendment Whereas Hubert Humphrey, although a appears and inserting ‘‘June 30, 2011’’. which is at the desk be agreed to, the dedicated leader of the Democratic Party, al- (b) EFFECTIVE DATE.—The amendments resolution, as amended, be agreed to, ways sought bipartisan support for his legis- made by subsection (a) shall take effect on the preamble be agreed to, the motions lative goals and routinely shared credit with May 30, 2011. to reconsider be laid upon the table, other Senators for his legislative victories; SEC. 3. EXTENSION OF SBIR AND STTR TERMI- with no intervening action or debate, Whereas Hubert Humphrey, as Vice Presi- NATION DATES. and any statements relating to the dent of the United States, loyally served (a) SBIR.—Section 9(m) of the Small Busi- President Lyndon Baines Johnson and suc- ness Act (15 U.S.C. 638(m)) is amended— matter be printed in the RECORD. cessfully carried out a number of domestic (1) by striking ‘‘TERMINATION.—’’ and all The ACTING PRESIDENT pro tem- and overseas assignments; that follows through ‘‘the authorization’’ pore. Without objection, it is so or- Whereas Hubert Humphrey, as the Demo- and inserting ‘‘TERMINATION.—The author- dered. cratic Party’s nominee for President of the ization’’; The amendment (No. 322) was agreed United States in 1968, waged one of the most (2) by striking ‘‘September 30, 2008’’ and in- to as follows: courageous and hard-fought campaigns in serting ‘‘May 31, 2012’’; and AMENDMENT NO. 322 the history of the United States, losing to (3) by striking paragraph (2). Richard Nixon by less than 1 percentage On page 4, strike lines 10–14. (b) STTR.—Section 9(n) of the Small Busi- point of the popular vote when he started the ness Act (15 U.S.C. 638(n)) is amended— The resolution (S. Res. 184), as campaign some 15 points behind; (1) in paragraph (1)(A)— amended, was agreed to. Whereas Hubert Humphrey was reelected (A) by striking ‘‘IN GENERAL.—’’ and all The preamble was agreed to. by the people of Minnesota (in 1970 and 1976) that follows through ‘‘each Federal’’ and in- The resolution, as amended, with its to 2 additional terms in the Senate, thereby serting ‘‘IN GENERAL.—Each Federal’’; preamble, reads as follows: continuing his extraordinary record of legis- (B) by striking ‘‘that fiscal year’’ and in- lative achievement with passage of such bills S. RES. 184 serting ‘‘a fiscal year’’; and as the Humphrey-Hawkins Full Employment (C) by striking clause (ii); and Whereas Hubert H. Humphrey was born in Act; (2) by adding at the end the following: Wallace, South Dakota, on May 27, 1911; Whereas Hubert Humphrey, terminally ill ‘‘(4) TERMINATION.—The authorization to Whereas Hubert Humphrey, from his early with cancer, pursued his active public life carry out the Small Business Technology years, recognized the importance of public with great courage, fortitude, and good Transfer Program established under this sec- service by becoming a registered pharmacist humor, and in the memorable words of Vice tion shall terminate on May 31, 2012.’’. and serving his friends and neighbors in the President Walter F. Mondale at Hubert Hum- (c) COMMERCIALIZATION PILOT PROGRAM.— Humphrey Drug Store in Huron, South Da- phrey’s memorial observance in the rotunda Section 9(y)(6) of the Small Business Act (15 kota, from 1933 to 1937; of the United States Capitol, ‘‘Hubert Hum- U.S.C. 638(y)(6)) is amended by striking ‘‘at Whereas Hubert Humphrey received a phrey taught us how to live and he taught us the end of fiscal year 2010’’ and inserting ‘‘on Bachelor of Arts degree in political science how to die’’; and May 31, 2012’’. from the University of Minnesota in 1939 and Whereas the life and service of Hubert SEC. 4. COMPETITIVE SELECTION PROCEDURES a Masters of Arts degree from Louisiana Humphrey were posthumously honored by FOR SBIR AND STTR PROGRAMS. State University in 1940, subsequently teach- Congress with the presentation of the Con- Section 9 of the Small Business Act (15 ing political science at Macalester College gressional Gold Medal, and by the President U.S.C. 638) is amended by adding at the end from 1943 to 1944 and at Macalester College of the United States with the award of the the following: and the University of Minnesota from 1969 to Medal of Freedom: Now, therefore, be it ‘‘(aa) COMPETITIVE SELECTION PROCEDURES 1970; Resolved, That the Senate— FOR SBIR AND STTR PROGRAMS.—All funds Whereas Hubert Humphrey served in a va- (1) honors the life, achievements, and dis- awarded, appropriated, or otherwise made riety of leadership positions in Minnesota tinguished career of Senator and Vice Presi- available in accordance with subsection (f) during World War II, dealing with war pro- dent Hubert H. Humphrey upon the occasion or (n) must be awarded pursuant to competi- duction, employment, and manpower; of his 100th birthday; tive and merit-based selection procedures.’’. Whereas Hubert Humphrey served as (2) recognizes that Hubert H. Humphrey’s The bill (S. 990), as amended, was or- Mayor of Minneapolis from 1945 to 1948, and legislative achievements helped resolve during his tenure as mayor, he drove orga- many of this Nation’s most polarizing issues, dered to be engrossed for a third read- nized crime from the city and, among other ing, was read the third time, and such as civil rights, equal opportunity, and achievements, created the Nation’s first mu- nuclear arms control. passed. nicipal equal employment opportunity com- f f mission; Whereas Hubert Humphrey was a driving NATIONAL KIDS TO PARKS DAY RECOGNIZING THE 100TH ANNIVER- force behind the creation of the Democratic Mr. DURBIN. Mr. President, I ask SARY OF THE BIRTH OF HUBERT Farmer-Labor Party in Minnesota and was a H. HUMPHREY founding member of Americans for Demo- unanimous consent the Senate proceed to the consideration of S. Res. 192 sub- Mr. DURBIN. Mr. President, I ask cratic Action in the aftermath of World War II; mitted earlier today. unanimous consent the Judiciary Com- Whereas Hubert Humphrey led forces at The ACTING PRESIDENT pro tem- mittee be discharged from further con- the 1948 Democratic National Convention in pore. The clerk will report the resolu- sideration of S. Res. 184, and the Sen- Philadelphia in support of the minority plat- tion by title. ate proceed to its immediate consider- form plank on civil rights and equal oppor- The legislative clerk read as follows: ation. tunity, challenging the delegates to ‘‘walk A resolution (S. Res. 192) designating May The ACTING PRESIDENT pro tem- out of the shadow of States’ rights into the 21, 2011, as ‘‘National Kids to Parks Day.’’ pore. Without objection, it is so or- bright sunshine of human rights,’’ resulting There being no objection, the Senate dered. in the convention’s adoption of the minority plank; proceeded to consider the resolution. The clerk will report the resolution Whereas in 1948, Hubert Humphrey became Mr. UDALL of Colorado. Mr. Presi- by title. the first Democrat from Minnesota elected dent, I rise to talk about an issue that The legislative clerk read as follows: to the Senate; is close to my heart: introducing our A resolution (S. Res. 184) recognizing the Whereas during his total 23 years of service children to National Parks across the life and service of the Honorable Hubert H. in the Senate (including service from 1949 to country.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3202 CONGRESSIONAL RECORD — SENATE May 19, 2011 Enjoying the outdoors has been a Mr. DURBIN. Mr. President, I ask The preamble was agreed to. lifelong passion for me and it began in unanimous consent the resolution be The resolution, with its preamble, my youth. Growing up in the American agreed to, the preamble be agreed to, reads as follows: Southwest, my parents would take our the motions to reconsider be laid upon S. RES. 193 family on frequent trips to the nearby the table, with no intervening action Whereas Astoria is a scenic gem on the parks. This helped inspire my brother, or debate, and any statements relating coast of Oregon, and the residents of Astoria Randy, and I to take a 10-day back- to the matter be printed in the RECORD. have long represented the essence of what it packing trip to Glacier National Park The ACTING PRESIDENT pro tem- means to be an Oregonian; in Montana when we were in college. I pore. Without objection, it is so or- Whereas the site of Astoria, located at the know now these important visits to the dered. mouth of the Columbia River where the Co- parks were the building blocks of a life The resolution (S. Res. 192) was lumbia River meets the Pacific Ocean, filled with enthusiasm for mountains marks the endpoint of the epic Lewis and agreed to. Clark expedition to explore the American and the outdoors. The preamble was agreed to. West, and was founded by fur traders in 1811; I have always enjoyed being outdoors The resolution, with its preamble, Whereas Thomas Jefferson recognized with others, first as an instructor with reads as follows: Astoria as the Nation’s first significant Outward Bound and then with my wife S. RES. 192 claim to the West and noted that were it not and kids. In Congress, I have similarly for the settlement of Astoria, the United Whereas the first National Kids to Parks States may have ended at the Rocky Moun- tried to ensure that open spaces in Day will be celebrated on May 21, 2011; tains; both urban and rural areas are pre- Whereas the goal of National Kids to Parks Whereas Astoria evolved from being a fur served so that families in Colorado and Day is to empower young people and encour- trading hub to serving as the ad-hoc capital across America have ample oppor- age families to get outdoors and visit the of Oregon Country, and later became a tunity to get out and take advantage parks of the United States; prominent leader in the fishing and timber Whereas on National Kids to Parks Day, of our greatest natural resources, our industries and an important port city; rural and urban Americans alike can be re- parks and open spaces. Whereas Astoria was incorporated in 1856, introduced to the splendid National, State, I believe today more than ever it is and today is a center for manufacturing, art, and neighborhood parks that are located in important that we are encouraging our tourism, and fishing; their communities; Nation’s youth to get outdoors. In Whereas settlers from Scandinavia and Whereas communities across the United China were among the first to come to America today, one in three children States offer a variety of natural resources Astoria, and the presence of their descend- are overweight or obese. Kids between and public land, often with free access, to in- ants has contributed to a town rich in both the ages of 8 and 18 spend an average of dividuals seeking outdoor recreation; history and culture; 71⁄2 hours a day using some sort of en- Whereas the United States should encour- Whereas Astoria is a vibrant tourism des- age young people to lead a more active life- tertainment media such as TVs, com- tination that has chronicled its remarkable style, as too many young people in the puters, video games, cell phones and history with the establishment of superb mu- United States are overweight or obese; movies. I believe this is a major reason seums and well-preserved historical sites; Whereas National Kids to Parks Day is an why only one-third of all children get Whereas citizens of Astoria and visitors opportunity for families to take a break the recommended level of physical ac- from around the country and the world enjoy from their busy lives and come together for boating, fishing, and hiking in one of the tivity every day, contributing to child- a day of wholesome fun; and most beautiful areas on the West Coast; and hood obesity. Whereas National Kids to Parks Day aims Whereas the natural beauty of the region In this spirit, on Saturday families to broaden the appreciation of young people has been noted by many artists, filmmakers, all across the Nation will get outside for nature and the outdoors: Now, therefore, and writers, serving as the backdrop for and visit a city, State or national park be it many stories, including the beloved film Resolved, That the Senate— in honor of the first annual National ‘‘The Goonies’’: Now, therefore, be it (1) designates May 21, 2011, as ‘‘National Kids to Parks Day. National Kids to Resolved, That it is the sense of the Senate Kids to Parks Day’’; Parks Day celebrates America’s com- that— (2) recognizes the importance of outdoor mitment to getting kids outdoors and (1) Astoria’s bicentennial should be ob- recreation and the preservation of open served and celebrated; highlights the importance of pre- spaces to the health of the young people of (2) the people of Astoria should be thanked serving open spaces for American’s to the United States; and for their many pioneering contributions to recreate. (3) calls on the people of the United States the State of Oregon and the United States; That is why today I will be submit- to observe the day with appropriate pro- and ting a bipartisan resolution that recog- grams, ceremonies, and activities. nizes Saturday, May 21, 2011, as the (3) an enrolled copy of this resolution f should be transmitted to the State of Oregon first annual National Kids to Parks for appropriate display. Day. National Kids to Parks Day en- HONORING THE BICENTENNIAL OF courages more of our Nation’s youth to THE CITY OF ASTORIA f get outdoors and enjoy the great sys- Mr. DURBIN. Mr. President, I ask ORDERS FOR MONDAY, MAY 23, tem of city, State and national parks unanimous consent that the Senate 2011 we have in this country. proceed to S. Res. 193, submitted ear- Mr. DURBIN. Mr. President, I ask I thank Senator BURR, Senator MUR- lier today. unanimous consent that when the Sen- KOWSKI, and Senator BINGAMAN for The ACTING PRESIDENT pro tem- ate completes its business today, it ad- their cosponsorship and support. pore. The clerk will report the resolu- Getting kids outdoors won’t com- journ until 2 p.m. on Monday, May 23; tion by title. pletely solve our childhood obesity that following the prayer and pledge, The legislative clerk read as follows: problem, but it may help them get ex- the Journal of the proceedings be ap- cited about being active and healthy A resolution (S. Res. 193) honoring the bi- proved to date, the morning hour be centennial of the City of Astoria. outdoors, and it may help inspire the deemed to have expired, the time for next generation of American stewards There being no objection, the Senate the two leaders be reserved for their to enjoy and protect our Nation’s spe- proceeded to consider the resolution. use later in the day; that following any cial places. Mr. DURBIN. Mr. President, I ask leader remarks, the Senate proceed to I plan to celebrate National Kids to unanimous consent the resolution be a period of morning business until 3 Parks Day by attending the 100-year agreed to, the preamble be agreed to, p.m., with Senators permitted to speak anniversary of Colorado National the motions to reconsider be laid upon therein for up to 10 minutes each; that Monument near Grand Junction, CO. I the table, with no intervening action following morning business, the Senate encourage my colleagues to do some- or debate, and any statements relating resume consideration of the motion to thing similar—highlight the national, to the matter be printed in the RECORD. proceed to S. 1038, a bill to extend ex- State, and local parks in your State The ACTING PRESIDENT pro tem- piring provisions of the PATRIOT Act, and encourage American families to pore. Without objection, it is so or- under the previous order. get outdoors. dered. The ACTING PRESIDENT pro tem- I ask my colleagues to support my The resolution (S. Res. 193) was pore. Without objection, it is so or- National Kids to Parks Day resolution. agreed to. dered.

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00084 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 19, 2011 CONGRESSIONAL RECORD — SENATE S3203 PROGRAM To be vice admiral JANUARY 20, 2015, VICE DIANE G. FARRELL, TERM EX- PIRED. REAR ADM. DAVID H. BUSS Mr. DURBIN. Mr. President, there DEPARTMENT OF STATE THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- will be a rollcall vote Monday at 5 p.m. MENT TO THE GRADE INDICATED IN THE REGULAR NAVY DAVID S. ADAMS, OF THE DISTRICT OF COLUMBIA, TO on the motion to invoke cloture on the UNDER TITLE 10, U.S.C., SECTION 531: BE AN ASSISTANT SECRETARY OF STATE (LEGISLATIVE AFFAIRS), VICE RICHARD RAHUL VERMA, RESIGNED. motion to proceed to S. 1038, relating To be lieutenant commander JOHN A. HEFFERN, OF MISSOURI, A CAREER MEMBER to the PATRIOT Act. KENDALL C. JONES, JR. OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE REPUBLIC OF ARMENIA. UNDER TITLE 10, U.S.C., SECTION 624: ADJOURNMENT UNTIL MONDAY, SUSAN LAILA ZIADEH, OF WASHINGTON, A CAREER To be lieutenant commander MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MAY 23, 2011, At 2 P.M. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND KIRK R. PARSLEY PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA Mr. DURBIN. Mr. President, if there THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE STATE OF QATAR. is no further business to come before TO THE GRADE INDICATED IN THE UNITED STATES NAVY EQUAL EMPLOYMENT OPPORTUNITY COMMISSION the Senate, I ask unanimous consent UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant commander CONSTANCE SMITH BARKER, OF ALABAMA, TO BE A that it adjourn under the previous MEMBER OF THE EQUAL EMPLOYMENT OPPORTUNITY order. CHRISTIAN F. JENSEN COMMISSION FOR A TERM EXPIRING JULY 1, 2016. (RE- There being no objection, the Senate, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT APPOINTMENT) TO THE GRADE INDICATED IN THE UNITED STATES NAVY NATIONAL MEDIATION BOARD at 6:40 p.m., adjourned until Monday, UNDER TITLE 10, U.S.C., SECTION 624: May 23, 2011, at 2 p.m. HARRY R. HOGLANDER, OF MASSACHUSETTS, TO BE A To be lieutenant commander MEMBER OF THE NATIONAL MEDIATION BOARD FOR A f JOSEPH M. HOLT TERM EXPIRING JULY 1, 2014. (REAPPOINTMENT) BARRY GOLDWATER SCHOLARSHIP AND NOMINATIONS f EXCELLENCE IN EDUCATION FOUNDATION Executive nominations received by NOMINATIONS CHARLES R. KORSMO, OF NEW YORK, TO BE A MEMBER the Senate on Wednesday, May 18, 2011: OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- Executive nominations received by WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION THE JUDICIARY the Senate: FOUNDATION FOR A TERM EXPIRING OCTOBER 13, 2011, VICE MICHAEL PRESCOTT GOLDWATER, TERM EXPIRED. MORGAN CHRISTEN, OF ALASKA, TO BE UNITED THE JUDICIARY CHARLES R. KORSMO, OF NEW YORK, TO BE A MEMBER STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- ANDREW J. KLEINFELD, RETIRED. ANDREW L CARTER, JR., OF NEW YORK, TO BE UNITED WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT FOUNDATION FOR A TERM EXPIRING OCTOBER 13, 2017. IN THE COAST GUARD OF NEW YORK, VICE VICTOR MARRERO, RETIRED. (REAPPOINTMENT) JAMES RODNEY GILSTRAP, OF TEXAS, TO BE UNITED THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- JOHN H. YOPP, OF KENTUCKY, TO BE A MEMBER OF THE STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT MENT AS A PERMANENT COMMISSIONED REGULAR OFFI- BOARD OF TRUSTEES OF THE BARRY GOLDWATER OF TEXAS, VICE THAD HEARTFIELD, RETIRED. CER IN THE UNITED STATES COAST GUARD IN THE SCHOLARSHIP AND EXCELLENCE IN EDUCATION FOUN- GINA MARIE GROH, OF WEST VIRGINIA, TO BE UNITED GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: DATION FOR A TERM EXPIRING OCTOBER 13, 2011, VICE STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT RAQUEL EGUSQUIZA, TERM EXPIRED. OF WEST VIRGINIA, VICE W. CRAIG BROADWATER, DE- To be lieutenant JOHN H. YOPP, OF KENTUCKY, TO BE A MEMBER OF THE CEASED. KRISTIN L. CONVILLE BOARD OF TRUSTEES OF THE BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION FOUN- THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- SECURITIES AND EXCHANGE COMMISSION DATION FOR A TERM EXPIRING OCTOBER 13, 2017. (RE- MENT AS A PERMANENT COMMISSIONED REGULAR OFFI- LUIS A. AGUILAR, OF GEORGIA, TO BE A MEMBER OF APPOINTMENT) CER IN THE UNITED STATES COAST GUARD IN THE THE SECURITIES AND EXCHANGE COMMISSION FOR A MARCOS EDWARD GALINDO, OF IDAHO, TO BE A MEM- GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: TERM EXPIRING JUNE 5, 2015. (REAPPOINTMENT) BER OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- To be lieutenant DANIEL M. GALLAGHER, JR., OF MARYLAND, TO BE A WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION MEMBER OF THE SECURITIES AND EXCHANGE COMMIS- FOUNDATION FOR A TERM EXPIRING APRIL 17, 2014, VICE EDWARD L. LACY SION FOR A TERM EXPIRING JUNE 5, 2016, VICE KATH- EDWARD ALTON PARRISH, TERM EXPIRED. THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- LEEN L. CASEY, TERM EXPIRING. MARIA E. RENGIFO-RUESS, OF VIRGINIA, TO BE A MEM- BER OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- MENT AS A PERMANENT COMMISSIONED REGULAR OFFI- SECURITIES INVESTOR PROTECTION CER IN THE UNITED STATES COAST GUARD IN THE WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: CORPORATION FOUNDATION FOR A TERM EXPIRING FEBRUARY 4, 2014, VICE JULIA L. WU, TERM EXPIRED. To be lieutenant commander GREGORY KARAWAN, OF VIRGINIA, TO BE A DIRECTOR OF THE SECURITIES INVESTOR PROTECTION CORPORA- IN THE ARMY JASON M. BIGGAR TION FOR A TERM EXPIRING DECEMBER 31, 2013, VICE WILLIAM HERBERT HEYMAN, TERM EXPIRED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE NAVY IN THE UNITED STATES ARMY TO THE GRADE INDICATED EXPORT-IMPORT BANK OF THE UNITED STATES UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED PATRICIA M. LOUI, OF HAWAII, TO BE A MEMBER OF To be major general WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE BOARD OF DIRECTORS OF THE EXPORT-IMPORT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BANK OF THE UNITED STATES FOR A TERM EXPIRING BRIG. GEN. MICHAEL J. LALLY III

VerDate Mar 15 2010 05:36 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00085 Fmt 0637 Sfmt 9801 E:\RECORD11\RECFILES\S19MY1.REC S19MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE Thursday, May 19, 2011 Daily Digest Senate City of Astoria Bicentennial: Senate agreed to S. Chamber Action Res. 193, honoring the bicentennial of the City of Routine Proceedings, pages S3119–S3203 Astoria. Page S3202 Measures Introduced: Seventeen bills and six reso- Measures Considered: lutions were introduced, as follows: S. 1024–1040, S. PATRIOT Act Extension—Cloture: Senate began Res. 191–193, and S. Con. Res. 18–20. consideration of the motion to proceed to consider- Pages S3170–71 ation of S. 1038, to extend the expiring provisions Measures Reported: of the USA PATRIOT Improvement and Reauthor- S. 350, to require restitution for victims of crimi- ization Act of 2005 and the Intelligence Reform and nal violations of the Federal Water Pollution Control Terrorism Prevention Act of 2004 until June 1, Act. 2015. Page S3162 S. 623, to amend chapter 111 of title 28, United A motion was entered to close further debate on States Code, relating to protective orders, sealing of the motion to proceed to consideration of the bill, cases, disclosures of discovery information in civil ac- and, in accordance with the provisions of Rule XXII tions, with an amendment in the nature of a sub- of the Standing Rules of the Senate, and pursuant to stitute. the unanimous-consent agreement of Thursday, May S. 890, to establish the supplemental fraud fight- 19, 2011, a vote on cloture will occur at 5 p.m., on Monday, May 23, 2011. Page S3162 ing account. Page S3170 A unanimous-consent agreement was reached pro- Measures Passed: viding that the Senate resume consideration of the Small Business Act and the Small Business In- motion to proceed to consideration of the bill at 3 vestment Act: Senate passed S. 990, to provide for p.m., on Monday, May 23, 2011, and that at 5 p.m., an additional temporary extension of programs under Senate vote on the motion to invoke cloture on the the Small Business Act and the Small Business In- motion to proceed; provided further that the time vestment Act of 1958, after agreeing to the fol- for debate on the motion to proceed be equally di- lowing amendment proposed thereto: Page S3200 vided and controlled between the two Leaders, or Durbin (for Landrieu/Snowe) Amendment No. their designees. Page S3162 321, in the nature of a substitute. Pages S3200–01 Liu Nomination: Senate continued consideration of Recognizing the life of Hubert H. Humphrey: the nomination of Goodwin Liu, of California, to be United States Circuit Judge for the Ninth Circuit. Committee on the Judiciary was discharged from further consideration of S. Res. 184, recognizing the Pages S3122–46 During consideration of this measure today, Senate life and service of the Honorable Hubert H. Hum- also took the following action: phrey, distinguished former Senator from the State of By 52 yeas to 43 nays, 1 responding present (Vote Minnesota and former Vice President of the United No. 74), three-fifths of those Senators duly chosen States, upon the 100th anniversary of his birth, and and sworn, not having voted in the affirmative, Sen- the resolution was then agreed to, after agreeing to ate rejected the motion to close further debate on the following amendment proposed thereto: the nomination. Page S3146 Page S3201 Durbin (for Sessions) Amendment No. 322, of a Nominations Received: Senate received the fol- lowing nominations: technical nature. Page S3201 Received on Wednesday, May 18: National Kids to Parks Day: Senate agreed to S. Morgan Christen, of Alaska, to be United States Res. 192, designating May 21, 2011, as ‘‘National Circuit Judge for the Ninth Circuit. Kids to Parks Day’’. Pages S3201–02 1 Navy nomination in the rank of admiral. D523

VerDate Mar 15 2010 03:56 May 20, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D19MY1.REC D19MYPT1 jbell on DSKDVH8Z91PROD with DIGEST D524 CONGRESSIONAL RECORD — DAILY DIGEST May 19, 2011 Routine lists in the Coast Guard, and Navy. Scholarship and Excellence in Education Foundation Page S3203 for a term expiring April 17, 2014. Received on Thursday, May 19: Maria E. Rengifo-Ruess, of Virginia, to be a Andrew L Carter, of New York, to be United Member of the Board of Trustees of the Barry Gold- States District Judge for the Southern District of water Scholarship and Excellence in Education Foun- New York. dation for a term expiring February 4, 2014. James Rodney Gilstrap, of Texas, to be United 1 Army nomination in the rank of general. States District Judge for the Eastern District of Page S3203 Texas. Measures Placed on the Calendar: Gina Marie Groh, of West Virginia, to be United Pages S3119, S3168 States District Judge for the Northern District of West Virginia. Executive Communications: Pages S3168–70 Luis A. Aguilar, of Georgia, to be a Member of Additional Cosponsors: Pages S3171–73 the Securities and Exchange Commission for a term Statements on Introduced Bills/Resolutions: expiring June 5, 2015. Pages S3173–99 Daniel M. Gallagher, Jr., of Maryland, to be a Member of the Securities and Exchange Commission Additional Statements: Pages S3166–68 for a term expiring June 5, 2016. Amendments Submitted: Pages S3199–S3200 Gregory Karawan, of Virginia, to be a Director of Notices of Hearings/Meetings: Page S3200 the Securities Investor Protection Corporation for a term expiring December 31, 2013. Authorities for Committees to Meet: Page S3200 Patricia M. Loui, of Hawaii, to be a Member of Record Votes: One record vote was taken today. the Board of Directors of the Export-Import Bank of (Total—74) Page S3146 the United States for a term expiring January 20, Adjournment: Senate convened at 10 a.m. and ad- 2015. journed at 6:40 p.m., until 2 p.m. on Monday, May David S. Adams, of the District of Columbia, to 23, 2011. (For Senate’s program, see the remarks of be an Assistant Secretary of State (Legislative Af- the Acting Majority Leader in today’s Record on fairs). page S3202.) John A. Heffern, of Missouri, to be Ambassador to the Republic of Armenia. Susan Laila Ziadeh, of Washington, to be Ambas- Committee Meetings sador to the State of Qatar. (Committees not listed did not meet) Constance Smith Barker, of Alabama, to be a Member of the Equal Employment Opportunity APPROPRIATIONS: UNITED STATES Commission for a term expiring July 1, 2016. FOREST SERVICE Harry R. Hoglander, of Massachusetts, to be a Committee on Appropriations: Subcommittee on Depart- Member of the National Mediation Board for a term ment of the Interior, Environment, and Related expiring July 1, 2014. Agencies concluded a hearing to examine proposed Charles R. Korsmo, of New York, to be a Mem- budget estimates for fiscal year 2012 for the United ber of the Board of Trustees of the Barry Goldwater States Forest Service, after receiving testimony from Scholarship and Excellence in Education Foundation Tom Tidwell, Chief, and Kathleen Atkinson, Direc- for a term expiring October 13, 2011. tor, Strategic Planning, Budget, and Accountability, Charles R. Korsmo, of New York, to be a Mem- both of the United States Forest Service, Department ber of the Board of Trustees of the Barry Goldwater of Agriculture. Scholarship and Excellence in Education Foundation for a term expiring October 13, 2017. F–35 JOINT STRIKE FIGHTER PROGRAM John H. Yopp, of Kentucky, to be a Member of Committee on Armed Services: Committee concluded a the Board of Trustees of the Barry Goldwater Schol- hearing to examine the F–35 Joint Strike Fighter arship and Excellence in Education Foundation for a Program in review of the Defense Authorization Re- term expiring October 13, 2011. quest for fiscal year 2012 and the Future Years De- John H. Yopp, of Kentucky, to be a Member of fense Program, after receiving testimony from Ash- the Board of Trustees of the Barry Goldwater Schol- ton Carter, Under Secretary for Acquisition Tech- arship and Excellence in Education Foundation for a nology and Logistics, David M. Van Buren, Air term expiring October 13, 2017. Force Service Acquisition Executive, Office of the Marcos Edward Galindo, of Idaho, to be a Mem- Assistant Secretary of the Air Force for Acquisition, ber of the Board of Trustees of the Barry Goldwater Vice Admiral David J. Venlet, Program Executive

VerDate Mar 15 2010 03:56 May 20, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D19MY1.REC D19MYPT1 jbell on DSKDVH8Z91PROD with DIGEST May 19, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D525 Officer for the F–35 Program, Christine H. Fox, Di- ington, D.C.; and Bill Van Amburg, CALSTART, rector, Cost Assessment and Program Evaluation, J. Pasadena, California. Michael Gilmore, Director, Operational Test and Evaluation, Office of the Secretary, all of the Depart- WATER AND POWER BILLS ment of Defense; Michael Sullivan, Director, Acqui- Committee on Energy and Natural Resources: Sub- sition and Sourcing Management, Government Ac- committee on Water and Power concluded a hearing countability Office; and Tom Burbage, Lockheed to examine S. 201, to clarify the jurisdiction of the Martin Corporation, Fort Worth, Texas. Secretary of the Interior with respect to the C.C. Cragin Dam and Reservoir, S. 333, to reinstate and PUBLIC TRANSPORTATION extend the deadline for commencement of construc- Committee on Banking, Housing, and Urban Affairs: tion of a hydroelectric project involving the Little Committee concluded a hearing to examine public Wood River Ranch, S. 334, to reinstate and extend transportation, focusing on priorities and challenges the deadline for commencement of construction of a for reauthorization, after receiving testimony from hydroelectric project involving the American Falls Peter M. Rogoff, Administrator, Federal Transit Ad- Reservoir, S. 419, to authorize the Dry-Redwater ministration, Department of Transportation; William Regional Water Authority System, S. 499, to au- Millar, American Public Transportation Association, thorize the Secretary of the Interior to facilitate the Falls Church, Virginia; Dale J. Marsico, Community development of hydroelectric power on the Diamond Transportation Association, College Station, Texas; Fork System of the Central Utah Project, S. 519, to Larry Hanley, Amalgamated Transit Union, New further allocate and expand the availability of hydro- York, New York; and JayEtta Z. Hecker, Bipartisan electric power generated at Hoover Dam, and S. 808, Policy Center National Transportation Policy to direct the Secretary of the Interior to allow for Project, Washington, D.C. prepayment of repayment contracts between the United States and the Uintah Water Conservancy CONSUMER PRIVACY AND PROTECTION District, after receiving testimony from David Committee on Commerce, Science, and Transportation: Sub- Murillo, Deputy Commissioner, Operations, Bureau committee on Consumer Protection, Product Safety, of Reclamation, Department of the Interior; and and Insurance concluded a hearing to examine con- Darrick Moe, Regional Manager of the Desert South- sumer privacy and protection in the mobile market- west Region, Western Area Power Administration, place, after receiving testimony from David C. Department of Energy. Vladeck, Director, Bureau of Consumer Protection, Federal Trade Commission; Bret Taylor, Facebook, NEXT STEPS IN COTE D’IVOIRE Morgan Reed, Association for Competitive Tech- Committee on Foreign Relations: Subcommittee on Afri- nology (ACT), Catherine A. Novelli, Apple Inc., and can Affairs concluded a hearing to examine the next Alan Davidson, Google Inc., all of Washington, steps in Cote d’Ivoire, after receiving testimony from D.C.; and Amy Guggenheim Shenkan, Common William Fitzgerald, Deputy Assistant Secretary of Sense Media, San Francisco, California. State for African Affairs; Nancy E. Lindborg, Assist- ant Administrator, Bureau for Democracy, Conflict, POLICIES TO REDUCE OIL CONSUMPTION and Humanitarian Assistance, U.S. Agency for Inter- Committee on Energy and Natural Resources: Committee national Development; Mike McGovern, Yale Uni- concluded a hearing to examine policies to reduce oil versity, New Haven, Connecticut; and Jennifer consumption through the promotion of advanced ve- Cooke, Center for Strategic and International Studies hicle technologies and accelerated deployment of (CSIS), and Raymond Gilpin, United States Institute electric-drive vehicles, including S. 734, to provide of Peace, both of Washington, D.C. for a program of research, development, demonstra- tion, and commercial application in vehicle tech- INTELLIGENCE REFORM nologies at the Department of Education, and S. Committee on Homeland Security and Governmental Af- 948, to promote the deployment of plug-in electric fairs: Committee concluded hearings to examine ten drive vehicles, after receiving testimony from Sen- years after 9/11, focusing on if intelligence reform is ators Merkley and Alexander; Patrick Davis, Pro- working, after receiving testimony from Admiral gram Director, Vehicle Technologies Program, Office Dennis C. Blair, USN (Ret.), former Director of Na- of Energy Efficiency and Renewable Energy, Depart- tional Intelligence. ment of Energy; Seifi Ghasemi, Rockwood Holdings, Inc., and David Crane, NRG Energy, Inc., both of BUSINESS MEETING Princeton, New Jersey; Genevieve Cullen, Electric Committee on the Judiciary: Committee ordered favor- Drive Transportation Association (EDTA), Wash- ably reported the following business items:

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Committee on Commerce, Science, and Transportation: May May 24, Permanent Subcommittee on Investigations, 24, Subcommittee on Aviation Operations, Safety, and to hold hearings to examine stimulus contractors, focus- Security, to hold an oversight hearing to examine air traf- ing on taxes, 2:30 p.m., SD–342. fic control safety, 2:30 p.m., SR–253. May 25, Full Committee, to hold hearings to examine Committee on Energy and Natural Resources: May 25, Sub- how to save taxpayer dollars, focusing on case studies of committee on Public Lands and Forests, to hold hearings duplication in the Federal government, 10 a.m., SD–342. to examine S. 375, to authorize the Secretary of Agri- May 25, Subcommittee on Federal Financial Manage- culture and the Secretary of the Interior to enter into co- ment, Government Information, Federal Services, and operative agreements with State foresters authorizing International Security, to hold hearings to examine assess- State foresters to provide certain forest, rangeland, and ing efforts to eliminate improper payments, 2:30 p.m., watershed restoration and protection services, S. 714, to SD–342. reauthorize the Federal Land Transaction Facilitation Act, Committee on Indian Affairs: May 26, to hold an over- S. 730, to provide for the settlement of certain claims sight hearing to examine expanding the success of native under the Alaska Native Claims Settlement Act, S. 233, language and culture-based education, 2:15 p.m., to withdraw certain Federal land and interests in that SD–628. land from location, entry, and patent under the mining Committee on the Judiciary: May 24, Subcommittee on laws and disposition under the mineral and geothermal Crime and Terrorism, to hold hearings to examine re- sponding to the prescription drug epidemic, focusing on leasing laws, and S. 268, to sustain the economic devel- strategies for reducing abuse, misuse, diversion, and opment and recreational use of National Forest System fraud, 9 a.m., SD–226. land and other public land in the State of Montana, to May 24, Full Committee, to hold hearings to examine add certain land to the National Wilderness Preservation the nominations of Steve Six, of Kansas, to be United System, to release certain wilderness study areas, to des- States Circuit Judge for the Tenth Circuit, Marina Garcia ignate new areas for recreation, 2:30 p.m., SD–366. Marmolejo, to be United States District Judge for the May 26, Full Committee, business meeting to consider Southern District of Texas, Michael Charles Green, to be pending calendar business, 10 a.m., SD–366. United States District Judge for the Western District of Committee on Environment and Public Works: May 25, to New York, Wilma Antoinette Lewis, of the District of hold hearings to examine the nominations of William Columbia, to be Judge for the District Court of the Vir- Charles Ostendorff, of Virginia, to be a Member of the gin Islands, and Major General Marilyn A. Quagliotti, Nuclear Regulatory Commission, Richard C. Howorth, of USAF (Ret.), of Virginia, to be Deputy Director for Sup- Mississippi, to be a Member of the Board of Directors of ply Reduction, Office of National Drug Control Policy, the Tennessee Valley Authority, and Lieutenant General Executive Office of the President, 2:30 p.m., SD–226. Thomas P. Bostick, to be Chief of Engineers, and Com- May 25, Full Committee, to hold hearings to examine manding General, United States Army Corps of Engi- holding criminals accountable, focusing on extending neers, Department of Defense, 10 a.m., SD–406. criminal jurisdiction to government contractors and em- Committee on Finance: May 25, to hold hearings to ex- ployees abroad, 10 a.m., SD–226. amine the United States-Panama Trade Promotion Agree- May 26, Full Committee, business meeting to consider ment, 10 a.m., SD–215. S. 968, to prevent online threats to economic creativity May 25, Subcommittee on Fiscal Responsibility and and theft of intellectual property, S. 978, to amend the Economic Growth, to hold hearings to examine the criminal penalty provision for criminal infringement of a spread of tax fraud by identity theft, focusing on a threat copyright, and the nominations of John Andrew Ross, to to taxpayers, a drain on the public treasury, 2 p.m., be United States District Judge for the Eastern District SD–215. of Missouri, Timothy M. Cain, to be United States Dis- May 26, Full Committee, to hold hearings to examine trict Judge for the District of South Carolina, Nannette the United States-Korea Free Trade Agreement, 10 a.m., Jolivette Brown, to be United States District Judge for the Eastern District of Louisiana, Nancy Torresen, to be SD–215. United States District Judge for the District of Maine, Committee on Foreign Relations: May 24, to hold hearings and William Francis Kuntz II, to be United States Dis- to examine al Qaeda, the Taliban, and other extremist trict Judge for the Eastern District of New York, 10 groups in Afghanistan and Pakistan, 9 a.m., SD–419. a.m., SD–226. May 24, Full Committee, to hold hearings to examine Committee on Veterans’ Affairs: May 25, to hold hearings the nomination of William J. Burns, of Maryland, to be to examine seamless transition, focusing on meeting the Deputy Secretary of State, 2:30 p.m., SD–419. needs of service members and veterans, 10 a.m., SR–418. May 26, Full Committee, to hold hearings to examine Select Committee on Intelligence: May 24, to hold closed the nomination of Gary Locke, of Washington, to be Am- hearings to examine certain intelligence matters, 2:30 bassador to the People’s Republic of China, Department p.m., SH–219. of State, 10 a.m., SD–419. May 26, Full Committee, to hold closed hearings to Committee on Homeland Security and Governmental Affairs: examine certain intelligence matters, 2:30 p.m., SH–219. May 23, to hold hearings to examine protecting cyber- Special Committee on Aging: May 26, to hold hearings to space, focusing on assessing the White House proposal, examine meals, rides, and caregivers, focusing on the 10:30 a.m., SD–342. ‘‘Older American Act,’’ 2 p.m., SD–106.

VerDate Mar 15 2010 03:56 May 20, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D19MY1.REC D19MYPT1 jbell on DSKDVH8Z91PROD with DIGEST D528 CONGRESSIONAL RECORD — DAILY DIGEST May 19, 2011 House amining and Evaluating the Role of the Regulator Dur- ing the Financial Crisis and Today,’’ 9:30 a.m., 2128 Committee on Agriculture, May 25, Subcommittee on Rayburn. General Farm Commodities and Risk Management, hear- ing on Harmonizing Global Derivatives Reform: Impact Committee on Foreign Affairs, May 24, Subcommittee on on U.S. Competitiveness and Market Stability, 10 a.m., Africa, Global Health, and Human Rights, hearing on 1300 Longworth. International Child Abduction: Broken Laws and Be- Committee on Appropriations, May 24, full Committee, reaved Lives, 2 p.m., 2203 Rayburn. hearing to consider the following: Report on the Sub- May 24, Subcommittee on Asia and the Pacific, hear- allocation of Budget Allocations for Fiscal Year 2012, the ing on the Future of Japan, 2 p.m., 2247 Rayburn. Homeland Security Appropriations Bill, FY 2012; and May 24, Subcommittee on Terrorism, Nonproliferation, the Military Construction, Veterans Affairs Appropria- and Trade, hearing on the Future of al-Qaeda, 3 p.m., tions Bill, FY 2012; 9:30 a.m., 2359 Rayburn. 2172 Rayburn. May 24, Subcommittee on Transportation and Housing May 25, full Committee, hearing on War Powers, and Urban Development and Related Agencies, hearing United States Operations in Libya, and Related Legisla- on the Office of Community Planning and Development tion, 10:30 a.m., 2172 Rayburn. (HUD) FY 2012 Budget Oversight, 2 p.m., 2358 Ray- May 25, Subcommittee on Oversight and Investiga- burn. tions, hearing on UN Climate Talks and Power Politics: May 24, Subcommittee on Agriculture, Rural Develop- It’s Not about the Temperature, 2:30 p.m., 2172 Ray- ment, Food and Drug Administration, and Related Agen- burn. cies, markup of FY 2012 Appropriations bill, 4 p.m., Committee on Homeland Security, May 25, full Com- 2362–A Rayburn. mittee, hearing entitled ‘‘Threats to the American Home- May 25, Subcommittee on Transportation and Housing land after Killing Bin Laden: An Assessment,’’ 9:30 a.m., and Urban Development and Related Agencies, hearing 311 Cannon. on the Office of Public and Indian Housing (HUD) FY May 25, Subcommittee on Transportation Security, 2012 Budget Oversight, 10 a.m., 2358 Rayburn. hearing entitled ‘‘Authorizing the Transportation Security Committee on Education and the Workforce, May 26, Sub- Administration for Fiscal Years 2012 and 2013,’’ 2 p.m., committee on Health, Employment, Labor and Pensions, 311 Cannon. hearing entitled ‘‘Corporate Campaigns and the NLRB: Committee on House Administration, May 26, Sub- The Impact of Union Pressure on Job Creation,’’ 10 a.m., committee on Oversight, hearing on Inspector General 2175 Rayburn. Audit of the House’s F.Y. 2009 Financial Statements, Committee on Energy and Commerce, May 23, Sub- 9:30 a.m., 1310 Longworth. committee on Energy and Power, hearing entitled ‘‘The Committee on the Judiciary, May 23, Subcommittee on American Energy Initiative,’’ 3 p.m., 2123 Rayburn. Courts, Commercial and Administrative Law, hearing on May 25, Subcommittee on Health, hearing entitled H.R. 1860, the Digital Goods and Services Tax Fairness ‘‘Expanding Health Care Options: Allowing Americans to Act of 2011, 4 p.m., 2141 Rayburn. Purchase Affordable Coverage Across State Lines,’’ 10 May 24, Subcommittee on Immigration Policy and En- a.m., 2123 Rayburn. forcement, hearing on legislation providing for the deten- May 25, Subcommittee on Communications and Tech- tion of dangerous aliens, 9 a.m., 2141 Rayburn. nology, hearing entitled ‘‘Creating an Interoperable Pub- May 24, Subcommittee on the Constitution, hearing lic Safety Network,’’ 9:30 a.m., 2322 Rayburn. entitled ‘‘Can We Sue Our Way to Prosperity?: Litiga- Committee on Financial Services, May 24, full Committee, tion’s Effect on America’s Global Competitiveness,’’ 2 markup of the following: H.R. 1573, to facilitate imple- p.m., 2141 Rayburn. mentation of title VII of the Dodd-Frank Wall Street Re- May 25, Subcommittee on Intellectual Property, Com- form and Consumer Protection Act, promote regulatory petition and the Internet; and Subcommittee on Crime, coordination, and avoid market disruption, 10 a.m., 2128 Terrorism and Homeland Security, joint hearing entitled Rayburn. ‘‘Cybersecurity: Innovative Solutions to Challenging Prob- May 24, Subcommittee on International Monetary Pol- lems,’’ 10 a.m., 2141 Rayburn. icy and Trade, hearing entitled ‘‘Legislative Proposals on May 25, Subcommittee on Courts, Commercial and Securing American Jobs Through Exports: Export-Import Administrative Law, hearing on H.R. 1864, the Mobile Bank Reauthorization,’’ 2 p.m., 2128 Rayburn. Workforce State Income Tax Simplification Act of 2011, May 25, Subcommittee on Insurance, Housing and 1:30 p.m., 2141 Rayburn. Community Opportunity, hearing entitled ‘‘Legislative May 26, Subcommittee on Intellectual Property, Com- Proposals to Determine the Future Role of FHA, RHS petition and the Internet, hearing entitled ‘‘How Will and GNMA in the Single- and Multi-Family Mortgage the Proposed Merger Between AT&T and T-Mobile Af- Markets,’’ 10 a.m., 2128 Rayburn. fect Wireless Telecommunications Competition?’’ 10:30 May 25, Subcommittee on Capital Markets and Gov- a.m., 2141 Rayburn. ernment Sponsored Enterprises, hearing entitled ‘‘Trans- Committee on Natural Resources, May 24, Subcommittee parency, Transition and Taxpayer Protection: More Steps on Energy and Mineral Resources, hearing entitled ‘‘Stra- to End the GSE Bailout,’’ 2 p.m., 2128 Rayburn. tegic and Critical Minerals Policy: Domestic Minerals May 26, Subcommittee on Financial Institutions and Supplies and Demands in a Time of Foreign Supply Dis- Consumer Credit, hearing entitled ‘‘FDIC Oversight: Ex- ruptions,’’ 9 a.m., 1334 Longworth.

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May 24, Subcommittee on Water and Power; and the cation in qualified teaching health centers from direct ap- Subcommittee on Indian and Alaska Native Affairs, joint propriations to an authorization of appropriations; and hearing on Protecting Long-Term Tribal Energy Jobs and H.R. 1540, the National Defense Authorization Act, FY Keeping Arizona Water and Power Costs Affordable: The 2012, 5 p.m., H–313 Capitol. Current and Future Role of the Navajo Generating Sta- Committee on Science, Space, and Technology, May 25, Sub- tion, 2 p.m., 1324 Longworth. committee on Research and Science Education; and Sub- May 25, full Committee, hearing on Harnessing Amer- committee on Technology and Innovation, joint hearing ican Resources to Create Jobs and Address Rising Gaso- on Protecting Information in the Digital Age: Federal line Prices—Part III: Impacts on Seniors, Working Fami- Cybersecurity Research and Development Efforts, 10 a.m., lies and Memorial Day Vacations, 10 a.m., 1324 Long- 2318 Rayburn. worth. May 26, Subcommittee on Space and Aeronautics, May 26, Subcommittee on Indian and Alaska Native hearing on NASA’s Commercial Cargo Providers: Are Affairs, hearing on H.R. 1408, to provide for the settle- They Ready to Supply the Space Station in the Post-Shut- ment of certain claims under the Alaska Native Claims tle Era? 10 a.m., 2318 Rayburn. Settlement Act, and for other purposes, 11 a.m., 1324 Committee on Small Business, May 25, full Committee, Longworth. hearing entitled ‘‘Promoting Entrepreneurship and Job May 26, Subcommittee on Fisheries, Wildlife, Oceans, Creation by Decreasing Duplication at SBA,’’ 1 p.m., and Insular Affairs, hearing entitled ‘‘Buying More Land 2360 Rayburn. When We Can’t Maintain What We Already Own: The May 26, Subcommittee on Contracting and Workforce, National Wildlife Refuge System’s Operations and Main- hearing entitled ‘‘Defer No More: The Need to Repeal tenance Backlog Story!’’1 p.m., 1334 Longworth. the 3% Withholding Provision,’’ 10 a.m., 2360 Rayburn. Committee on Oversight and Government Reform, May 24, Committee on Transportation and Infrastructure, May 24, full Committee, hearing entitled ‘‘Pain at the Pump: Subcommittee on Coast Guard and Maritime Transpor- Policies that Suppress Domestic Production of Oil and tation, hearing on Creating U.S. Maritime Industry Jobs Gas,’’ 9 a.m., 2154 Rayburn. by Reducing Regulator Burdens, 10 a.m., 2167 Rayburn. May 24, Subcommittee on TARP, Financial Services Committee on Veterans’ Affairs, May 24, full Committee, and Bailouts of Public and Private Programs, hearing en- hearing on a subject to be determined, 10:30 a.m., 334 titled ‘‘Who’s Watching the Watchmen? Oversight of the Cannon. Consumer Financial Protection Bureau,’’ 1:30 p.m., 2154 May 25, Subcommittee on Disability Assistance and Rayburn. Memorial Affairs, hearing on Arlington National Ceme- May 25, Subcommittee on Technology, Information tery: An Update from the New Administration, 11 a.m., Policy, Intergovernmental Relations and Procurement Re- 334 Cannon. form, hearing entitled ‘‘Unfunded Mandates, Regulatory Committee on Ways and Means, May 25, Subcommittee Burdens and the Role of the Office of Information and on Oversight, hearing on improper tax payments in the Regulatory Affairs,’’ 9:30 a.m., 2154 Rayburn. administration of refundable tax credits, 10:30 a.m., 1100 May 25, Subcommittee on Government Organization, Longworth. Efficiency, and Financial Management, hearing entitled House Permanent Select Committee on Intelligence, May 25, ‘‘IRS E-File and Identity Theft,’’ 10 a.m., 2247 Rayburn. full Committee, hearing with FBI Director Mueller, 2 May 25, Subcommittee on National Security, Home- p.m., HVC–210. A classified session will follow. land Defense and Foreign Operations, hearing entitled May 26, full Committee, hearing on H.R. 1892, Intel- ‘‘Cybersecurity: Assessing the Immediate Threat to the ligence Authorization Act for Fiscal Year 2012, 10 a.m., United States,’’ 1:30 p.m., 2154 Rayburn. HVC–304. Hearing will begin as an open hearing and May 25, Subcommittee on Regulatory Affairs, Stim- then proceed to a closed hearing. ulus Oversight and Government Spending, hearing enti- tled ‘‘How Federal Reserve Policies Add to Hard Times Joint Meetings at the Pump,’’ 1:30 p.m., 2247 Rayburn. Joint Economic Committee: May 25, to hold hearings to May 26, Subcommittee on Federal Workforce, U.S. examine driving innovation and job growth through the Postal Service and Labor Policy, hearing entitled life sciences industry, 10:15 a.m., SH–216. ‘‘Rightsizing the Federal Workforce,’’ 9:30 a.m., 2154 Commission on Security and Cooperation in Europe: May 23, Rayburn. to hold hearings to examine labor trafficking in troubled Committee on Rules, May 23, full Committee, hearing on economic times, focusing on protecting American jobs the following: H.R. 1216, to amend the Public Health and migrant human rights, 2 p.m., 210, Cannon Build- Service Act to convert funding for graduate medical edu- ing.

VerDate Mar 15 2010 03:56 May 20, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D19MY1.REC D19MYPT1 jbell on DSKDVH8Z91PROD with DIGEST D530 CONGRESSIONAL RECORD — DAILY DIGEST May 19, 2011

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

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 3 p.m.), Senate will resume consideration of the motion to proceed to consideration of S. 1038, PATRIOT Act Extension, with a vote on the motion to invoke cloture on the motion to proceed to consideration of the bill at 5 p.m.

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