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

Vol. 158 WASHINGTON, THURSDAY, MARCH 8, 2012 No. 38 Senate The Senate met at 9:30 a.m. and was Mr. UDALL of New Mexico thereupon A bill (S. 2173) to preserve and protect the called to order by the Honorable TOM assumed the chair as Acting President free choice of individual employees to form, UDALL, a Senator from the State of pro tempore. join, or assist labor organizations, or to re- frain from such activities. New Mexico. f Mr. REID. Mr. President, I object to PRAYER RECOGNITION OF THE MAJORITY any further proceedings with respect to The Chaplain, Dr. Barry C. Black, of- LEADER this bill. fered the following prayer: The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- Let us pray. pore. The majority leader is recog- pore. Objection is heard. The bill will Eternal spirit, You are our strength nized. be placed on the calendar. and song. Who is like You, majestic in f f holiness and wondrous in mighty deeds? Give our Senators this day un- SCHEDULE RECOGNITION OF THE MINORITY derstanding minds to legislate respon- Mr. REID. Mr. President, following LEADER sibly. As they seek to govern in a way leader remarks, the Senate will be in a The ACTING PRESIDENT pro tem- worthy of Your goodness, guide them period of morning business for an pore. The Republican leader is recog- by the light of Your truth. Infuse them hour—The majority will control the nized. with Your perfect peace as they keep first half, Republicans the final half. f their minds focused on You. May they Following morning business, the Sen- overcome cynicism with civility in ate will resume consideration of the SURFACE TRANSPORTATION ACT their relationships and work. surface transportation bill. Mr. MCCONNELL. Mr. President, last O Lord, we wait for You and ac- As most know, late last night we night the two parties reached an agree- knowledge that You alone are sov- reached an agreement to move forward ment on amendments to the highway ereign. Amen. on the highway bill. Under the order bill. As the majority leader will indi- f that has been issued, I can schedule cate shortly, or may already have be- PLEDGE OF ALLEGIANCE those votes anytime after consultation fore I came to the floor, we will be able with the Republican leader, so we have to move forward on that later today. The Honorable TOM UDALL led the some 30 votes to complete today. We I am also happy to report there are a Pledge of Allegiance, as follows: will see how this works. I think we will number of strong, very strong, job-cre- I pledge allegiance to the Flag of the have the first vote about 2:15 today and ating measures in the mix. One that United States of America, and to the Repub- start working through these amend- stands out is Senator HOEVEN’s amend- lic for which it stands, one nation under God, indivisible, with liberty and justice for all. ments. ment on the Keystone XL Pipeline, There is not going to be a lot of de- that massive private sector project f bate, so if anybody wants to speak on that will create 20,000 jobs almost im- APPOINTMENT OF ACTING these amendments they better come mediately. PRESIDENT PRO TEMPORE over after the morning business hour Most Americans strongly support The PRESIDING OFFICER. The and start telling people how they feel building the pipeline and, of course, the clerk will please read a communication about some amendments, because there significant number of construction jobs to the Senate from the President pro is not going to be a lot of time during that would come along with it. It is in- tempore (Mr. INOUYE). the voting on the amendments. comprehensible to me that the Presi- The assistant legislative clerk read f dent of the United States, as I read, is the following letter: actually lobbying against the Keystone MEASURE PLACED ON THE U.S. SENATE, Pipeline amendment. There is a report CALENDAR—S. 2173 PRESIDENT PRO TEMPORE, this morning that the President is per- Washington, DC, March 8, 2012. Mr. REID. Mr. President, I believe S. sonally making phone calls to Demo- To the Senate: 2173 is at the desk and due for a second cratic Senators he thinks might vote Under the provisions of rule I, paragraph 3, reading. for the amendment, asking them not of the Standing Rules of the Senate, I hereby The ACTING PRESIDENT pro tem- to. Frankly, it is hard to comprehend appoint the Honorable TOM UDALL, a Senator from the State of New Mexico, to perform pore. The clerk will read the bill by how completely out of touch he is on the duties of the Chair. title for the second time. this issue. DANIEL K. INOUYE, The assistant legislative clerk read Think about it. At a moment when President pro tempore. as follows: millions are out of work, gas prices are

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

S1495

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VerDate Mar 15 2010 01:17 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.000 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1496 CONGRESSIONAL RECORD — SENATE March 8, 2012 literally skyrocketing, and the Middle Just a little side note; as we were would write off the rest of this Con- East is in turmoil, we have a President struggling, trying to come up with gress, but I am not going to do that. who is up making phone calls trying to these amendments, I was happy to hear We have a lot more to do and we need block a pipeline here at home. It is al- from BARBARA BOXER. She said to me to get it done. When we complete our most unbelievable. What we are seeing privately: I have talked to Senator work, we need to look back and say in Congress this week is a study in con- INHOFE and he thinks, as we are coming what has happened that is good. trasts. On the one hand, you have a Re- to this agreement, this is not what ‘‘There is no single piece of legisla- publican-controlled House that is should be done. tion now before Congress that will do about to pass a bipartisan jobs bill that That was important to me in reach- more to create American jobs and would help entrepreneurs and ing consensus on how we move forward sharpen our global competitiveness’’ innovators by getting Washington out on this bill. As I have said many times, than this legislation said Dennis Slater of the way, and today we have a Demo- not everything we do this year should on behalf of I Make America, the pro- cratic-controlled Senate trying to line be a big fight. We should be able to gram I just talked about. up votes against an amendment that move things forward without waiting We need to push this bill over the fin- would create jobs, and a Democratic for a month to get things done. This ish line and I think the finish line is President lobbying against the biggest bill is truly indicative of how we have now in sight. This is one of the most private sector job creation project in to get these done and why I appreciate important pieces of legislation we can our country. the cooperation of Senators BOXER and consider. I indicated earlier why. But We have an opportunity to work to- INHOFE. even as I recognize the bipartisanship gether to create jobs. We can do that We have a dilapidated system of that made this progress possible, I will with these amendments and we can do highways. We have 70,000—I am not sound a note of caution. Eighty-five that by taking up the bipartisan jobs misspeaking, not 7,000—70,000 bridges Senators voted to begin on this legisla- bill the House will pass later today. in America that are in dire need of re- tion. Only a handful—it wasn’t 15, be- Let me say a word about that. The pair—or replacement even. Twenty per- cause we had absent Senators that bipartisan jobs bill the House will pass cent, 1 out of every 5 miles of your day—said we should not begin voting later today is supported by the Presi- roads in America are not up to safety on it. Yet it has taken a month to dent. It is ready to go. I hope that once standards. Thousands of pedestrians begin voting on the amendments. Re- it gets over to the Senate we will sim- are killed because they relied on unsafe publican leaders have wasted weeks of ply take it up and pass it. It is an ex- sidewalks or nonexisting sidewalks. the Senate’s time directing this valu- ample of a measure supported by Re- Every day millions of Americans—a able jobs bill to extract purely political publicans and Democrats and the disproportionate number who are low votes on unrelated matters, completely President that we believe will clear the income, minority, disabled, or old—are unrelated matters. Weeks were wasted House with a very large majority. I forced to rely on overcrowded mass on this vital legislation with an iconic think the sooner we pass that here in transit systems, straining to meet the attack on women’s health. the Senate and send it down to the demands of a growing ridership. Amer- I suggest to the Republican leader President for signature, the better. ica’s crumbling infrastructure is a ter- who just left the floor, if it takes more I yield the floor. rible drain on our economy. than a month to pass a noncontrover- The ACTING PRESIDENT pro tem- A number of years ago when my wife sial, bipartisan bill that is supported pore. The majority leader is recog- and I took a few days off around by almost 90 Senators, how can we ever nized. Christmas in southern California, rath- expect to get anything more done? f er than fly back I thought why don’t We have to. We have much more to SURFACE TRANSPORTATION ACT we drive back to Las Vegas. We did do. Americans are not satisfied with Mr. REID. Mr. President, I was re- that. This was a couple of years ago. I the glacial pace of this body and nei- minded this morning as I came to the hadn’t done it in a long time. I–15, this ther am I. Americans are tired of delay floor about an old standard political famous road, was jammed. We came to tactics and obstructions and so am I. joke. When I looked at my papers I had complete stops on a number of occa- People across the country and in this here, my outline of what I was going to sions coming back from San Diego to Chamber would write off this Congress say, I was missing a page. That is what Las Vegas. Think about that, a com- and say we have done enough. I am not the Republican leader and I were jok- plete stop. There were trucks on that going to do that. ing about here this morning. That is road. Drivers were being paid for their When we complete this legislation on why he went first, because I didn’t time on the road. The cargo they were the Transportation bill, we have other have my speech. The old political joke, hauling needed to get someplace. It is work to do. We have a score of judges as we have all heard many times—this not only someone wanting to take a who are waiting, some of whom have politician was giving a speech and he is vacation, coming to Las Vegas; it is been waiting since last year. We have flipping through his pages and he is in what it does to commerce to have these to do something about the post office. the midst of giving it. After he gets roads that are in a state of disrepair. The Postal Service in America has wound up in his speech, he is going So this crumbling infrastructure cer- changed. People don’t pay their bills through the speech and he is waving tainly is a drag on our economy. the way they used to; they don’t send his hands and shouting and he comes to But rebuilding this infrastructure letters the way they used to. We have the third or fourth page of his speech will have the opposite effect. Investing to reorganize the post office. We have and it says: ‘‘You are on your own, you in our transportation system will save to do that. SOB.’’ His speechwriter had had or create almost 3 million jobs. This We had a demonstration in the classi- enough of him. legislation has to be completed before fied briefing room to talk about what But that is not what happened here the end of this month or we have no is going on in America and what could today. Phoebe prepared the speech for way of collecting the taxes; when you go on in America with bringing down me and I left a part of it in my office. buy a gallon of gasoline, that funds our country. The demonstration last I am pleased to say Democrats and what we need to do here to repair our night dealt with electricity, but it Republicans reached an agreement to roads, bridges, et cetera. could be banking. It could be our hos- advance the highway bill that has been This is not some wild program in- pitals. We have to recognize that we before this body for a month. It is a bi- vented in the last few months here in now have new enemies in the world, partisan bill. As I have said here over Washington. This is a program that not enemies who are flying airplanes this past month, this is a piece of legis- was initiated by President Eisenhower. and dropping bombs and shooting us lation that was prepared the way legis- This week I received a letter from an with bullets, but they are prepared to lation should be prepared. A very con- organization called I Make America. It do something that is so damaging to servative Member, JIM INHOFE from is a group of more than 850 businesses our economy, and we were given that Oklahoma, and a very liberal Member, and 20,000 individuals who support this illustration last night. BARBARA BOXER, managed this bill. transportation bill. Many people across We have a cybersecurity bill we have They have worked very hard. this country, some in this Chamber, to bring to the floor, which is another

VerDate Mar 15 2010 01:17 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.001 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1497 bipartisan bill. Senator LIEBERMAN and and across the country, efforts we all to women’s care, even shutting down Senator COLLINS, an Independent and must fight against. Only 1 week ago in the Federal Government. That may Republican, have acknowledged they the Senate, we had a debate on the seem extreme to all, but that is exactly want to bring this bill forward, and ability for women across this country what happened 1 year ago when Repub- they have it done, so we will bring it to to access contraceptives. It is a debate licans nearly shut down the Federal the floor. We have all our Appropria- most women believed was settled half a Government over a rider that was yet tions bills, and we have to do those. So century ago and one we had all hoped another attempt to go after title X and we have a lot to do to accomplish even was in the past. However, in a scene Planned Parenthood. I remember sit- a fraction of our to-do list, and it is that was eerily reminiscent of half a ting in those meetings late at night, going to take more cooperation and century ago, last week one woman after months of negotiations over the less conflict. Not everything has to be brave enough to come forward and give numbers in the budget, astonished that a knock-down, drag-out fight as it was voice to the importance of birth con- Republicans were willing to throw all on this highway bill. To think we wast- trol was targeted. First, her story of a those negotiations away over one issue, ed 3 weeks on a matter dealing with friend’s battle with ovarian cancer was and that was their attack on women’s the health of women in America, but purposely left out of a House hearing health. we did. So we stand ready to work with on women’s health. Then, as we have The attack on women’s rights is not our Republican colleagues. all heard, she was scorned and ridiculed just taking place in the Nation’s Cap- The Republican leader mentioned the by a rightwing pundit. ital. In State after State across the It was a galvanizing and eye-opening small business jobs bill. We have been country, legislators bent on putting moment for millions of women in our trying to do one for a long time. We are politics between women and their country. It was a reminder that some going to do a small business jobs bill. health care are undoing years of impor- still see women as easy targets, and it The House bill is not perfect. We are tant work. A recently enacted law in awakened many women to the fact glad it is moving forward, and we are Texas not only strips women of their that the gains we are meant to cele- going to try to do something here to rights but of their dignity. It is a law brate on a day such as today could eas- about which Nicholas Kristof of the match so we can get it to conference ily be lost to political strategy that New York Times recently wrote a col- and get this done. preys on women. I am hopeful that when Democrats For many of those who watched the umn. I ask unanimous consent to have the reach across the aisle, we will find will- last few weeks play out, it may have article written by Nicholas Kristof, ing partners on the other side for a seemed an isolated incident. It could ‘‘When States Abuse Women,’’ printed change. appear to some as a sudden and swift I thank the Chair. I ask that the effort by some Republicans—who in the RECORD at the conclusion of my Chair announce the business of the thankfully have been blocked for the remarks. The ACTING PRESIDENT pro tem- day. time being—but that is not case. The pore. Without objection, it is so or- truth is, women’s access to care has f dered. rarely been at greater risk. From the RESERVATION OF LEADER TIME (See exhibit 1.) moment they came into power, the Re- Mrs. MURRAY. It is a law that all The ACTING PRESIDENT pro tem- publicans in the House of Representa- women across the country should be in- pore. Under the previous order, the tives have been waging a war on wom- sulted by and outraged over. Today, leadership time is reserved. en’s health. nearly 40 years after Roe v. Wade was f If you don’t believe me, look at the very first bills they introduced when passed, a woman in Texas who seeks an MORNING BUSINESS they arrived. They campaigned across abortion—one of the most difficult the country in the last election on a choices a woman and her family can The ACTING PRESIDENT pro tem- face—is not met with compassion and pore. Under the previous order, there platform of jobs and the economy, but the first three bills they introduced care but with humiliation, and that is will now be a period of morning busi- because they have passed a law by Re- ness for 1 hour, with Senators per- when they got here were direct attacks on women’s health. The very first one, publicans that she is now subjected, mitted to speak therein for up to 10 against her will, to a vaginal minutes each, with the time equally di- H.R. 1, would have totally eliminated title X funding for family planning and ultrasound. Then she is instructed to vided and controlled between the two listen to a fetal heartbeat, watch the leaders or their designees, with the ma- teen pregnancy prevention. The amend- ment also included defunding Planned ultrasound and numerous other State- jority controlling the first half and the mandated hurdles and then she has to Republicans controlling the second Parenthood and cutting off support for the millions of women who count on it. go home and wait 24 hours before she half. can access a health care procedure that The Senator from Washington. Another one of their bills would have permanently codified the Hyde amend- was made a right for women four dec- f ment and the DC abortion ban. ades ago. One would think that after 2 years INTERNATIONAL WOMEN’S DAY Finally, they introduced a bill that would have rolled back every single spent railing against any government Mrs. MURRAY. Mr. President, I come one of the gains we made for women in involvement in health care, Repub- to the floor to join my colleagues to the health care reform bill. That Re- licans would not want the State to dic- mark International Women’s Day. This publican bill would have removed the tate procedures a doctor must perform day, which across the globe is cele- caps on out-of-pocket expenses that lit- on a woman, whether she wants them brated in many different ways, is, at erally protect women from losing their or not, but then you would be confused its core, a day to reflect on the homes or their life savings if they get because, clearly, when it comes to achievements of women in politics, sick. It would have ended the ban on women and their health care choices, business, and society. It is a day to re- lifetime limits on coverage, which is so these Republicans are willing to do flect on what a woman’s role was in the important to everyone. It would have whatever it takes for them to call the not-so-distant past and to celebrate allowed insurance companies to once shots—not the women, not their doc- how far we have come. But, unfortu- again discriminate against women by tors, not their families. The sad part is nately, on this International Women’s charging them higher premiums than other States across the country are Day in the year 2012, we cannot cele- men or even denying women care be- now contemplating similar laws. brate the progress we have made with- cause of so-called preexisting condi- So the threats to women’s health out also acknowledging the unsettling tions they had, such as pregnancy. It care are very real and they are grow- truth that that progress is under would have rolled back the guarantee ing. We saw it on a panel on contracep- threat. of insurance companies’ coverage of tives in the House that didn’t include a Today a shadow has been cast over contraceptives. woman on the panel. We saw it in a this day of celebration by efforts to Republicans have shown they will go young woman being called horrible turn back the clock in Washington, DC, to just about any length to limit access names for telling the stories of a friend

VerDate Mar 15 2010 01:17 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.003 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1498 CONGRESSIONAL RECORD — SENATE March 8, 2012 in need. We see it in Republican efforts cuts in family-planning programs, and limits Day, I stand with my colleagues to cel- to allow an employer to dictate wheth- on comprehensive sex education in schools. ebrate women who are making a dif- er a woman has access to contracep- If Texas legislators wanted to reduce abor- ference both in America and around tives, and we are seeing it in State tions, the obvious approach would be to re- the world, in countries where they lead duce unwanted pregnancies. The small pro- laws across the country aimed at strip- portion of women and girls who aren’t using in the fight for justice, equality, and ping women of their rights and more. contraceptives account for half of all abor- fairness for all women. All of us, So on this International Women’s tions in America, according to Guttmacher. women and men alike, can help by sup- Day, we celebrate our gains with the Yet Texas has some of the weakest sex-edu- porting women’s efforts to claim their clear understanding that they must al- cation programs in the nation, and last year legal rights, live free from violence, ways be defended, and we join with it cut spending for family planning by 66 per- earn a decent income, get an edu- women everywhere to make sure that cent. cation, grow food for their families, progress is not reversed. The new Texas law was passed last year and make their voices heard in their but was held up because of a lawsuit by the EXHIBIT 1 Center for Reproductive Rights. In a scath- communities and beyond. [The New York Times, Mar. 3, 2012] ing opinion, Judge Sam Sparks of Federal I believe in the power of women to WHEN STATES ABUSE WOMEN District Court described the law as ‘‘an at- change the world and to help them has- (By Nicholas D. Kristof) tempt by the Texas legislature to discourage ten that change. U.S. international as- women from exercising their constitutional sistance policies should address and re- Here’s what a woman in Texas now faces if rights.’’ In the end, the courts upheld the she seeks an abortion. move barriers between women, wom- law, and it took effect last month. Under a new law that took effect three en’s rights, and economic empower- It requires abortion providers to give weeks ago with the strong backing of Gov. ment. Empowering women is one of the women a list of crisis pregnancy centers Rick Perry, she first must typically endure where, in theory, they can get unbiased most critical tools in our toolbox to an ultrasound probe inserted into her vagina. counseling and in some cases ultrasounds. In fight poverty and injustice. Integrating Then she listens to the audio thumping of fact, these centers are often set up to en- the unique needs of women into our do- the fetal heartbeat and watches the fetus on snare pregnant women and shame them or mestic and international policies is an ultrasound screen. hound them if they are considering abor- She must listen to a doctor explain the critical. As chairman of the Foreign tions. body parts and internal organs of the fetus Relations Subcommittee on Inter- ‘‘They are traps for women, set up by the as they’re shown on the monitor. She signs a national Development and Foreign As- state of Texas,’’ Dr. Boyd said. document saying that she understands all sistance, Economic Affairs, and Inter- The law then requires the physician to go this, and it is placed in her medical files. Fi- over a politicized list of so-called dangers of national Environmental Protection, I nally, she goes home and must wait 24 hours abortion, like ‘‘the risks of infection and can attest that this must be the bed- before returning to get the abortion. hemorrhage’’ and ‘‘the possibility of in- rock of our foreign assistance program- ‘‘It’s state-sanctioned abuse,’’ said Dr. Cur- creased risk of breast cancer.’’ Then there is ming if it is to be successful. tis Boyd, a Texas physician who provides the mandated ultrasound, which in the first I defy anyone’s assertion that wom- abortions. ‘‘It borders on a definition of rape. trimester normally means a vaginal Many states describe rape as putting any ob- en’s empowerment should take a back- ultrasound. Doctors sometimes seek vaginal ject into an orifice against a person’s will. seat to so-called more important prior- ultrasounds before an abortion, with the pa- Well, that’s what this is. A woman is coerced ities. Decades of research and experi- tient’s consent, but it’s different when the to do this, just as I’m coerced.’’ ence prove that when women are able state forces women to undergo the proce- ‘‘The state of Texas is waging war on dure. to be fully engaged in society and hold women and their families,’’ Dr. Boyd added. The best formulation on this topic was Bill decisionmaking power, they are more ‘‘The new law is demeaning and disrespectful Clinton’s, that abortion should be ‘‘safe, likely to invest their income in food, to the women of Texas, and insulting to the legal and rare.’’ Achieving that isn’t easy, clean water, education, and health care doctors and nurses who care for them.’’ That law is part of a war over women’s and there is no silver bullet to reduce un- for their children. This creates a posi- health being fought around the country—and wanted pregnancies. But family planning and tive cycle change that lifts entire fami- in much of the country, women are losing. comprehensive sex education are a surer lies and communities and nations out State by state, legislatures are creating new path than demeaning vulnerable women with of poverty. Simply put, when women state-sanctioned abuse and humiliation. obstacles to abortions and are treating succeed, we all do. women in ways that are patronizing and I yield the floor. Accordingly, I was very pleased by humiliating. The ACTING PRESIDENT pro tem- last week’s release of the new USAID Twenty states now require abortion pro- pore. The Senator from Maryland. ‘‘Policy on Gender Equality and Fe- viders to conduct ultrasounds first in some Mr. CARDIN. Mr. President, I thank situations, according to the Guttmacher In- male Empowerment,’’ which makes in- Senator MURRAY for her comments, stitute, a research organization. The new tegrating gender and including women Texas law is the most extreme to take effect and I concur in her observations. What and girls central to all U.S. inter- so far, but similar laws have been passed in we have seen on women’s health care national assistance. This policy, which North Carolina and Oklahoma and are on issues in this body is how some are try- updates guidelines that were over 30 hold pending legal battles. ing to turn the clock back on the years old, recognizes that the integra- Alabama, Kentucky, Rhode Island and Mis- progress we have made. I was listening tion of women and girls is basic to ef- sissippi are also considering Texas-style leg- to my colleague talk about fective international assistance across islation bordering on state-sanctioned rape. ultrasounds. Virginia just enacted an all sectors such as food, security, And what else do you call it when states ultrasound bill this week. The Gov- mandate invasive probes in women’s bodies? health, climate change, science, tech- ‘‘If you look up the term rape, that’s what ernor signed it into law, so this is nology, economic growth, democracy it is: the penetration of the vagina without spreading to other States. We talk and governance and humanitarian as- the woman’s consent,’’ said Linda Coleman, about big government, but the govern- sistance. It aims to increase the capac- an Alabama state senator who is fighting the ment mandating ultrasounds for preg- ity of women and girls and decrease in- proposal in her state. ‘‘As a woman, I am nant women? This is outrageous and equality between genders and also de- livid and outraged.’’ something that on International Wom- crease gender-based violence. This new States put in place a record number of new en’s Day, it is right that we bring this restrictions on abortions last year, policy is as welcomed as it is nec- Guttmacher says. It counts 92 new curbs in to the attention of our colleagues. We essary. As Secretary Clinton declared 24 states. have seen the same type of action earlier this year: ‘‘It was a debacle,’’ Elizabeth Nash, who taken against family planning, contra- Achieving our objectives for global devel- manages state issues for Guttmacher, told ceptives, those who want to repeal Roe opment will demand accelerated efforts to me. ‘‘It’s been awful. Last year was unbeliev- v. Wade. We have to stand strong with achieve gender equality and women’s em- able. We’ve never seen anything like it.’’ women and women’s health care issues powerment. Otherwise, peace and prosperity Yes, there have been a few victories for as we in America lead the inter- will have their own glass ceiling. women. The notorious Virginia proposal that national community. Unfortunately, as we know, there are would have required vaginal ultrasounds be- fore an abortion was modified to require only Around the world, International still places this glass ceiling exists and abdominal ultrasounds. Women’s Day is an occasion to honor there are major obstacles to women. Yet over all, the pattern has been retro- and praise women for their accomplish- Worldwide, one in three women will ex- grade: humiliating obstacles to abortions, ments. On this International Women’s perience some form of violence in her

VerDate Mar 15 2010 01:17 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.004 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1499 lifetime. Women and girls in emer- the 100th anniversary of International ordinator of UPPs in the State Security Sec- gencies, conflict settings, and natural Women’s Day. Today is the 101st anni- retariat, where she is integrating previously disasters often face extreme violence, versary and, as is the centennial mile- marginalized populations into the larger Rio de Janeiro community.’’ including being forced to exchange sex stone before it, it is a testament to the Bio: Pricilla de Oliveira Azevedo is a mili- for food. The World Health Organiza- dedication and determination of tary police officer, currently working as tion has reported that up to 70 percent women and men around the world to General Coordinator of Strategic Programs of women in some countries describe address gender inequality for the good for the ‘‘Police Pacification Units’’ (UPPs), having been victims of domestic vio- of all people. Rio de Janeiro State Secretariat of Public lence at some stage in their lives. There are more than 3.3 billion Security’s renowned ‘‘favela’’ (slum) pac- The United States has the potential women in the world today. Across the ification program. Major Azevedo joined the Rio de Janeiro Military police in 1998 and, to be a true leader in preventing and globe, women are participating in the following her graduation in 2000, started responding to violence against women political, social, and economic life of working in police battalions and street re- and girls—an issue that is inextricably their communities in an unprecedented pression operations. In 2007, Major Azevedo linked to U.S. diplomacy, development, fashion, playing a critical role in pro- demonstrated extreme courage and commit- and national security goals. viding and caring for their families, ment to her duties by successfully arresting What many people fail to realize is contributing substantially to the a gang of criminals who had kidnapped her. that violence against women and girls growth of economies, and advancing As a result of her courage and success, the is both a major consequence and cause Rio de Janeiro State Secretary for Security food security for their communities. invited her to head the first UPP in Rio de of poverty. Violence and poverty go Yesterday I had the wonderful, hum- Janeiro, in the ‘‘favela’’ of Santa Marta, a hand in hand. Violence prevents women bling, and inspiring opportunity to rec- position she occupied between 2008 to 2010. In and girls from getting an education, ognize and celebrate the 10 recipients this capacity, she commanded 125 military going to work, and earning the income of the 2012 State Department Inter- police officers in an area with 9,000 inhab- they need to lift their families out of national Women of Courage Award. itants and a very low human development poverty. We know that one in three This prestigious award, which is the index. During her two years in Santa Marta, women will be the victim of sexual only award in the State Department Major Azevedo shut down drug dealing oper- abuse in her lifetime. But we also know ations in the favela, established conflict me- given only to women, annually recog- diation models, worked with state and local that women have the potential to lift nizes women who have shown excep- government institutions to improve garbage their families and communities out of tional courage and leadership in advo- collection and health care, broadened edu- poverty. cating for women’s rights and em- cation and technical training opportunities, Violence against women and girls is powerment around the globe, often at and developed a successful community arts an extreme human rights violation, a significant risk to themselves. These and crafts fair. public health epidemic, and a barrier award winners, including activists in In 2009, Rio de Janeiro Mayor Eduardo Paes invited Major Pricilla to become a to solving severe challenges such as ex- the Sudan and Saudi Arabia, politi- treme poverty, HIV/AIDS, and conflict. member of the Brazilian delegation in the cians in Turkey and Afghanistan, and 2016 Olympics Announcement in Copenhagen. It devastates the lives of millions of representatives from six other coun- In the same year she completed training on women and girls—in peacetime and in tries, are truly remarkable and inspira- Koban community policing techniques, and conflict—and knows no national and tional women. participated in a citizen safety training in cultural barriers. I ask unanimous consent to have all Israel. Major Azevedo is currently com- Today let’s reaffirm our commitment of their names and brief bios printed in pleting her law degree in Esta´ cio de Sa´ Uni- versity. to end gender-based discrimination in the RECORD so that they are properly all forms, to end violence against Major Azevedo is the most senior female recognized by the Senate. officer in the UPP program, and the first women and girls worldwide, and to en- There being no objection, the mate- woman to occupy a strategic position in the courage the people of the United States rial was ordered to be printed in the Rio de Janeiro State Secretariat of Secu- to observe International Women’s Day. RECORD, as follows: rity’s Superintendence of Operational Plan- On this day and every day, I am proud AFGHANISTAN ning. She has received honor awards from the city councils of Rio de Janeiro, Tangua´ to stand in support of women across Maryam Durani—Director, Khadija Kubra and Itaboraı´. She is also a recipient of the America and worldwide. Women’s Association for Culture, Kandahar United Nations Brazilian Force’s 50th Anni- Investing in and focusing on empow- Provincial Council Member. versary Medal. In 2009, Veja Magazine gave ering women and girls is one of the Award Citation: ‘‘For striving to give a Major Pricilla Azevedo the Rio de Janeiro most efficient uses of our foreign as- voice to women through the power of the Personality of the Year Award, with the title media, government, and civil society, despite sistance dollars and one of the best of ‘‘Defender of the City’’. ways to make the world more peaceful innumerable security and societal chal- lenges.’’ and prosperous. As Secretary of State BURMA Bio: Kandahar Province is among Afghani- Clinton pointed out more than 15 years Zin Mar Aung—Democracy Activist. stan’s most conservative and most dan- ago, ‘‘Women’s rights are human Award Citation: ‘‘For championing democ- gerous—but that has not stopped Maryam racy, strengthening civil society, and em- rights’’—and nothing is more funda- Durani from speaking out for the rights of mental, in my opinion. powering individuals to contribute meaning- Afghan women and girls. As a member of fully to the political transformation of With that, Mr. President, I yield the Kandahar’s Provincial Council, director of Burma.’’ floor. the non-profit Khadija Kubra Women’s Asso- Bio: Zin Mar Aung is a former political The ACTING PRESIDENT pro tem- ciation for Culture, and owner and manager prisoner, imprisoned for eleven years be- pore. The Senator from New Hamp- of the only local, female-focused radio sta- cause of her political activism. She has dedi- shire. tion, she is both a leader and a role model for cated her life to promdting democracy, wom- Mrs. SHAHEEN. Mr. President, I am women throughout Afghanistan. A true en’s empowerment, and conflict resolution in woman of courage, Ms. Durani has survived very pleased to join my colleagues Sen- Burma. Following her involvement in the multiple attacks on her life, including a sui- 1996 and 1998 pro-democracy student ator CARDIN and, earlier, Senator MUR- cide attack in 2009 that resulted in serious uprisings and subsequent imprisonment, Zin RAY this morning in commemorating injury. Although she continues to face reg- Mar Aung established a cultural impact International Women’s Day. It is a day ular threats, she is undeterred in her mission studies group to promote the idea that de- observed around the world, and it cele- to promote basic civil rights for all Afghans. mocracy is compatible with Asian culture. brates the economic, political, and so- She also created and leads a self-help asso- cial achievement of women—past, BRAZIL ciation for female ex-political prisoners and present, and future. It is a day that Major Pricilla de Oliveira Azevedo—Gen- a school of political science in Rangoon, all recognizes the obstacles women still eral Coordinator for Strategic Programs, Rio of which teach and empower others in Bur- face in the struggle for equal rights de Janeiro State Secretariat of Public Secu- ma’s changing but still challenging environ- rity, and Major of Rio State Military Police. ment for civil society and democracy activ- and equal opportunities. Award Citation: ‘‘For courageous and dedi- ists. She is co-founder of RAINFALL, a wom- One year ago today, I, along with a cated service to Rio State’s innovative en’s empowerment group; and is currently group of bipartisan Senators, intro- ‘‘Favela Pacification Program’’ as the first spearheading an organization to raise aware- duced and passed a resolution in the female commander of a Pacification Police ness of issues affecting ethnic minorities in Senate recognizing the significance of Unit (community police station), and as co- conflict areas.

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COLOMBIA documentary films on domestic violence SUDAN Jineth Bedoya Lima—Journalist and that had a profound impact on altering pub- Hawa Abdallah Mohammed Salih—Human Spokeswoman of the ‘‘Rape and Other Vio- lic views of domestic violence. In 2009, Ms. Rights Activist. lence: Take my Body Out of the War’’ Cam- Ahmed played an instrumental role in orga- Award Citation: ‘‘For giving a voice to the paign. nizing a coalition of NGOs and individuals women and children of Darfur and her fear- Award Citation: ‘‘For her unfailing cour- who are advocating pioneering legislation on less advocacy for the rights of all age, determination, and perseverance fight- domestic violence that is currently before marginalized Darfuris.’’ ing for justice and speaking out on behalf of the Maldivian parliament. After leaving gov- Bio: Hailing from North Darfur, Hawa and victims of sexual violence in Colombia.’’ ernment service, she founded the NGO ‘‘Hope her family were forced to flee their home vil- Bio: Throughout her 15-year career as an for Women’’ and began conducting inter- lage in 2003 due to fighting between Darfuri investigative journalist, Jineth Bedoya has active sessions on gender-based violence rebels and gonrnwt forces. As a result, she consistently sought out tough assignments, with high school students, Maldives Police spent much of her young adult life in Abu despite knowing the risks it could entail. In Services, and other frontline workers. When Shouk internally displaced persons (IDP) 2000, she began to uncover an arms smug- religious scholars began identifying female camp in El Fasher, North Darfur, where she gling network between government security circumcision as a Sunnah in Islam on na- emerged as a prominent human rights activ- forces and imprisoned paramilitaries in a tional radio, Ms. Ahmed asked the govern- ist. After graduating from the University of maximum security prison. On May 25, 2000, ment to intervene, and gave an interview to El Fasher, she worked on issues of human as she arrived at the prison to interview a a local news channel about the harmful ef- rights, rule of law, and governance with the key paramilitary member, unknown men fects of female circumcision. By openly dis- United Nations Development Program grabbed Jineth, threw her into a vehicle, cussing issues like domestic violence and fe- (UNDP) and assisted various NGOs working drugged her, and drove her to a farm several male circumcision, and conducting aware- on human rights. Hawa became a voice for hours outside Bogota. There, the men repeat- ness workshops through Hope for Women the IDPs, speaking out about human rights edly raped her, bound her, and left her in a NGO, Ms. Ahmed plays a key role in bringing abuses and advocating for women’s and chil- garbage dump at the side of a road where a these issues into the public discourse and dren’s rights in the IDP camps. For her advo- taxi driver discovered her later that evening. pressing the government to take action. cacy, Hawa has been persecuted and detained As the men raped her, they told her, ‘‘Pay on multiple occasions by the Government of attention. We are sending a message to the PAKISTAN Sudan. As a result, she was forced to flee Sudan in 2011. In spite of the personal harass- press in Colombia.’’ Since this horrifying in- Shad Begum—Executive Director, ment and political challenges that she has cident nearly 12 years ago, Jineth has con- Anjuman Behbood-e-Khawateen Talash. tinued her work as an investigative jour- faced, Hawa hopes to return to her homeland Award Citation: ‘‘For fearlessly cham- nalist while pushing for justice in her own to continue defending the rights of Darfuris, pioning Pakistani women’s political and eco- case and other unsolved cases of sexual vio- and in particular the rights of women and nomic rights and empowering the disadvan- lence. Jineth has become an inspiration not children. taged and oppressed.’’ only for female journalists, but for all Bio: Shad Begum is a courageous human women who are demanding justice in their TURKEY rights activist and leader who has changed own cases. Since September 2009, she has Safak Pavey—Member of Parliament, the political context for women in the ex- served as spokeswoman of Oxfam’s cam- Turkish General National Assembly. tremely conservative district of Dir. Khyber paign, ‘‘Rape and Other Violence: Take my Award Citation: ‘‘For her personal dignity Pakhtunkhwa. As founder and executive di- Body out of the War.’’ She now appears in and courage not only in overcoming physical rector of Anjuman Behbood-e-Khawateen TV ads denouncing sexual violence as part of disabilities, but also emerging as an effective Talash (the Union of Women’s Welfare), Ms. the campaign and has used her journalistic local and global champion of the rights of Shad provides political training, micro- influence to draw more attention to the women, minority groups, refugees and dis- credit, primary education, and health serv- issues of sexual violence and impunity. abled persons.’’ ices to women in the most conservative Bio: Safak Pavey, the first disabled woman areas of Pakistan. Ms. Shad not only empow- LIBYA elected to the Turkish Parliament, has dem- ered the women of Dir to vote and run for of- Hana Elhebshi—Freelance Activist. onstrated great personal dignity in over- fice, but she herself ran and won local Dis- coming physical obstacles each and every Award Citation: ‘‘For courageous advance- trict Councilor seats in the 2001 and 2005 ment of the cause of freedom of expression day, while locally and globally championing elections, going against local conservatives the rights of vulnerable populations, includ- and promotion of women’s rights during who tried to ban female participation. De- times of conflict and transition in Libya.’’ ing refugees and disabled persons. Whether spite numerous direct threats to her life and working in extreme conditions for the Bio: Ms. Hana El Hebshi is a 26-year-old her family, including recent calls for suicide Libyan architect who, during the long United Nations High Commission on Refu- attacks against her by local extremists, Ms. gees (UNHCR) in the Middle East, South months of the Libyan revolution, became a Shad continues to work out of Peshawar to symbol of solidarity and a model of courage Asia and Africa, or acting as a lightning rod improve the lives of women in the commu- to spark the UN Interagency Support Group to many across the country. Working under nities of Khyber Pakhtunkhwa. the pseudonym ‘‘Numidia,’’ a reference to for the Convention on the Rights of Persons the ancient Berber kingdom and to her own with Disabilities, Pavey has sought to turn Berber heritage, Hana contributed greatly to SAUDI ARABIA her disability into strength on a global level. proper documentation of the violence and tu- Samar Badawi—Human Rights Activist, Undaunted by her own challenges, she is also mult of the revolution. She also became a Monitor of Human Rights in Saudi Arabia. an agent of change at home. Pavey endeav- symbol of hope to the Libyan people that the Award Citation: ‘‘For demonstrating sig- ored to foster acceptance for the Armenian world was aware of the suffering they were nificant courage in her activism while be- community in Turkey, and is one of a small enduring and that hope was on the way. coming a champion in the struggle for wom- number of non-Armenians who wrote for the Thanks to her contribution to freedom of en’s suffrage and legal rights in Saudi Ara- Armenian Turkish newspaper, Agos. After expression and advancing women’s rights, bia.’’ winning a seat in the Turkish parliament in she became a real symbol for the Libyan Bio: In one of the world’s most restrictive June 2011, Pavey is continuing to empower women’s contribution to the revolution. environments for women, Samar Badawi is a and give voice to disabled persons, women, Post revolution, Hana, in addition to her powerful voice for two of the most signifi- and minority populations. work as an architect, will continue to play a cant issues facing Saudi women: women’s Mrs. SHAHEEN. This morning I wish leadership role in women’s empowerment in suffrage and the guardianship system, under to pick just one of these amazing Libya. which women cannot marry, work, or travel women and tell her story. outside the country without the permission Shad Begum is the executive director MALDIVES of a guardian (male relative). In a landmark of the Union of Women’s Welfare in one Aneesa Ahmed—Founder Member and case, Badawi was the first woman to sue her Chairperson, Hope for Women NGO. guardian (her father) for abusing the legal of the most extremely conservative Award Citation: ‘‘For courageous advocacy system and preventing her from marrying districts in all of Pakistan. As the for women’s rights and protection from do- the suitor of her choice. Badawi is also the founder and executive director of the mestic violence.’’ first woman to file a lawsuit against the gov- program the Union of Women’s Wel- Bio: Aneesa Ahmed stands out as a staunch ernment demanding the right for women to fare, she provides political training, advocate for ending gender-based violence in vote and participate in municipal elections. microcredit, primary education, and Maldives. While serving as Deputy Minister She launched an online campaign to encour- health services to women throughout of Women’s Affairs, Ms. Ahmed raised the age other Saudi women to file similar suits. her community. She not only encour- issue of domestic violence at a time when The efforts of activists like Badawi helped the subject was taboo in Maldives. As a encourage a royal decree allowing women to aged others to run for office, she her- member of the National Women’s Council, vote and run for office in future municipal self ran for a district counselor seat in she held focus group discussions and worked elections, and to be appointed to the Con- 2001 and 2005, winning the seat against with a local NGO to produce a series of short sultative Council. local conservatives who tried to ban

VerDate Mar 15 2010 04:43 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.002 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1501 women from participating. Despite nu- Mr. ISAKSON. Thank you, Mr. Presi- That is not a motto just for the Girl merous threats to her life and her fam- dent. Scouts but one that would serve us all ily, including calls for suicide attacks well in this body. against her by local extremists, she f So on this International Women’s continues to work to improve the lives 100TH ANNIVERSARY OF THE GIRL Day on March 8, I would like to ac- of women throughout Pakistan. SCOUTS OF AMERICA knowledge that on Monday, when we Ms. Shad is one of 10 remarkable are not here, around the world women women the State Department honored Mr. ISAKSON. Mr. President, I am will celebrate the founding of the Girl this year. Every one of these 10 stories proud to stand here today on Inter- Scouts of America, and the 3.2 million is inspirational, but they also rep- national Women’s Day, the 8th day of Girl Scouts in America today will be resent literally millions of women March, 2012, to pay tribute to women building for the future the Acting around the globe who are out there around the world but also to acknowl- President pro tempore and I work for fighting and suffering to be heard. edge that women around the world, on today in this body, the U.S. Senate. There are countless women who don’t Monday, March 12, will celebrate the I yield back the remainder of my receive the recognition they deserve 100th anniversary of the founding of time and suggest the absence of a and who continue to be silenced by per- the Girl Scouts of America, founded in quorum. secution and harassment. Today we Savannah, GA, a beautiful town, by a The ACTING PRESIDENT pro tem- recognize, honor, and celebrate all of wonderful Georgia lady, Juliette Gor- pore. The clerk will call the roll. those nameless, faceless women around don Low. Girl Scouts around the world The legislative clerk proceeded to the world who are continuing the fight. will be celebrating the founding of that call the roll. Far too many women remain ex- great organization, which has had a Mr. CORKER. Mr. President, I ask cluded from full participation in soci- positive effect on women around the unanimous consent that the order for ety, to the detriment of their commu- world. the quorum call be rescinded. nities, their countries, and the world. Each of us right now is well aware of The ACTING PRESIDENT pro tem- Although strides have been made in re- the Girl Scouts because of boxes like pore. Without objection, it is so or- cent decades, women across the globe this box the Acting President pro tem- dered. pore gave me permission to display, continue to face significant obstacles f which is what is left of a box of Thin in all aspects of their lives, including SURFACE TRANSPORATION ACT the denial of basic human rights, dis- Mints. The Girl Scouts sell boxes of crimination, and gender-based vio- cookies this time of year to raise Mr. CORKER. Mr. President, later lence. According to the World Bank, money for their operations around the today I will be down on the floor to women make up 70 percent of all indi- world. I eat far too many of them. offer a budget point of order on the viduals living in poverty. Women ac- They are good. They are good for me, highway bill. I have been down here count for 64 percent of the adults they are good for America, and they several times over the course of the worldwide who lack basic literacy are good for the Girl Scouts and the last several days. skills. Women continue to remain vast- fundraising they do. I think most in this body—a large ly underrepresented in national and The Girl Scouts is an organization of majority of people in this body—have local governments around the world. leadership, developing women for the been a part of encouraging us to, in a So there is no doubt that we have a future. While only 17 percent of this very bipartisan way, solve the budget lot of work to do, but all of society body are women, almost all of them problems we have in this country. benefits when women are more fully in- were Girl Scouts. Almost all women of There were 64 of us—32 on each side of tegrated into their communities and business were Girl Scouts. And almost the aisle—who signed a letter to the their villages around the world. In the all women who were in Girl Scouts pay President encouraging him to really words of President Obama, ‘‘Our com- tribute to the Girl Scouts of America adopt some of the principles that were mon prosperity will be advanced by al- and the contribution they have made laid out in Bowles-Simpson. After that, lowing all humanity—men and to their lives. There are 3.2 million ac- there was a very large number of Sen- women—to reach their full potential.’’ tive Girl Scouts in America today, and ators on both sides of the aisle who As we reflect on the past, present, there are 50 million Girl Scout alumni signed a letter to the supercommittee and future achievements of women, I in America. That has a tremendous im- asking them to go big and really deal believe it is important to recognize the pact on all that is right about America. in a serious way with the budget issues, vital and untapped resource that The Girl Scouts have been the deficit issues with which our coun- women represent for our world. The pacesetters. Dr. Martin Luther King, try is dealing. ability of women to realize their full Jr., a native of my city of Atlanta and I have been down here multiple times potential is critical to the ability of a a native of our State that Juliette Low talking about the various oddities in nation to achieve strong and lasting was from, cited the Girl Scouts of this bill. What is getting ready to hap- economic growth, political and social America as ‘‘a force for desegregation’’ pen in this bill is that we are actually, stability, and enhanced security for all during the troubled times of the 1950s over the next 2 years, going to create a its people. and 1960s. The Girl Scouts were at the $10 billion to $11 billion deficit. Be- Thank you very much, Mr. President. forefront of integration and leadership cause of the various gimmickry we use, I yield the floor and note the absence for youth. we are figuring out ways to get around of a quorum. The Girl Scouts of America also that. One of the budget gimmicks we The ACTING PRESIDENT pro tem- pledge themselves and they make a are using in the bill is that we are pore. The clerk will call the roll. promise, which I would like to read. going to spend the money over a 2-year The legislative clerk proceeded to On my honor, I will try: period but pay for it over a 10-year pe- call the roll. To serve God and my country, riod—2 years worth of spending, 10 Mr. ISAKSON. Mr. President, I ask To help people at all times, years worth of revenues. unanimous consent that the order for And to live by the Girl Scout law. I think the Acting President pro tem- the quorum call be rescinded. Which reads: pore was here during the period of time The ACTING PRESIDENT pro tem- I will do my best to be we had the health care debate in our pore. Without objection, it is so or- honest and fair, Nation, and many of the folks on my dered. friendly and helpful, side of the aisle, rightfully so, were Mr. ISAKSON. Mr. President, I would considerate and caring, concerned about the health care bill also like to ask the permission of the courageous and strong, and because there were 6 years’ worth of Chair to display this box during my re- responsible for what I say and do, costs and 10 years’ worth of revenues, and to respect myself and others, marks. respect authority, and a lot of people thought that was a The ACTING PRESIDENT pro tem- use resources wisely, budget gimmick. Candidly, many of my pore. Without objection, it is so or- make the world a better place, and friends on the other side of the aisle, dered. be a sister to every Girl Scout. while they may have supported the

VerDate Mar 15 2010 01:17 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.008 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1502 CONGRESSIONAL RECORD — SENATE March 8, 2012 bill, were also concerned about those GASOLINE PRICES know, sometimes I feel as though in same types of gimmicks being used in Mr. CORNYN. Mr. President, I come Washington, DC, we are operating in a the health care bill, and it caused them to the floor to express my concerns on parallel universe that has very little in concern. behalf of the 26 million constituents I common with the rest of the country. My point is, in a bipartisan way, we have in Texas about the rising gas And here it is—not to mix my meta- have tried to deal with our budget defi- prices and the administration’s failure phors—ships passing in the night. But cits in this country. I notice the Sen- to take reasonable and rational and the fact is, the laws of supply and de- ator from Illinois just stepped on the practical steps to help ease the pain mand cannot be suspended by the Con- floor. He has been a major player in Americans are feeling at the gas pump. gress or the President of the United those initiatives. What we did last year Just think about it. We know unem- States. President Obama used to agree was we passed something called the ployment is unacceptably high and in- with that. Budget Control Act. We did so in order tractable, notwithstanding our private Last March, for example, he said pro- to raise the debt ceiling and to accom- sector economy’s best efforts to grow ducing more oil in America would help plish discipline in this body so that and to create jobs. So we know people lower oil prices. Well, lipservice will over the next 2 years we established are out of work. We know many of not produce lower oil prices, but, yes, overall caps on spending. them are unable to pay their mort- producing more oil will because the This bill, believe it or not—here we gages and are literally losing their greater the supply—we know the laws are in March, with a very popular bill, homes to foreclosure. Those who are of economics say, demand being the which speaks to the fact, to me, that it fortunate enough to have jobs are expe- same, greater supply will lower prices. is the kind of bill that many of us riencing higher prices when it comes to The fact is, there is greater demand all would think, if you really want to pass food, when it comes to health care, around the world, not just in the a highway bill, you would prioritize it notwithstanding the passage of the Pa- United States, as economies are grow- higher than other spending, that it is tient Protection and Affordable Care ing in China, in India, and Brazil and the kind of situation that, in a bipar- Act, of which the President said the av- places such as that. tisan way, we would come together and erage family would save $2,500 in To add insult to injury, this adminis- say: OK, we really want to see infra- health care premiums. Last year alone, tration has adopted policies that have structure spending in this country, so there was almost a double-digit in- directly conflicted with the goal of let’s make this of higher priority than crease in the cost of health care for lowering oil and gasoline prices. I do other spending. most American families. not know how to reach any other con- That is not what we are doing. Be- Now, to add insult to injury, we have clusion but to say it appears to me lieve it or not, this Senate—which has higher gas prices, which are crowding that the administration has inten- talked big about deficit spending, writ- out other spending and lowering the tionally enacted policies that will raise ten lots of letters, had lots of meet- standard of living for American fami- gasoline prices. I know they will deny ings—what this Senate is getting ready lies who are struggling with the slow that. They will say it is not true. But to do with this bill is violate the Budg- economic recovery we are experi- I do not know any other explanation. et Control Act that we passed last year encing. Let me provide the evidence that trying to show the American people we The average price of gasoline in the leads me to that conclusion and per- had at least a modicum of discipline. United States has more than doubled haps you will agree. Today we learned Let me say it one more time. This since the week of the inauguration of that President Obama has been busy highway bill, in March of this year—I President Obama in January 2009. In calling Senators on the other side of think we passed the Budget Control January 2009 a gallon of regular gas the aisle and asking them to vote Act last August, in the early part of was $1.89. Today it averages $3.79 a gal- against an amendment being offered by August, to demonstrate to the Amer- lon. The Associated Press reports that Senator HOEVEN of North Dakota that ican people that this Senate, this Con- the average American household spent would allow the Keystone XL Pipeline gress had the discipline to put caps on $4,155 filling up at the pump in 2011. project to move forward—the Presi- spending over the next 2 years to begin That is the annual cost of gasoline for dent, on the phone calling Senators the process of addressing deficit reduc- a typical U.S. household. saying: Vote against the Keystone XL tion. What we are going to do, if we I remember arguments—passionate Pipeline amendment offered by Sen- pass this highway bill, as laid out, is arguments—about the payroll tax holi- ator HOEVEN. violate that budget cap right now. The President has previously said I want everybody in this body to day and the President holding press there is not a single morning he wakes know that I plan to offer a budget conference after press conference say- up that he does not think about cre- point of order. I hope at least all of ing, if we would just pass the payroll those 64 Senators—32 on each side— tax holiday, then families would have ating jobs. But, apparently, he woke up would join me in opposing breaking the $40 more a month spending money in today thinking about how to lobby Budget Control Act we just put in their pockets. Well, higher gas prices against jobs because the Keystone place in an effort to demonstrate to the have wiped that out and more. Pipeline, in addition to providing an American people and, candidly, to the Gasoline costs now amount to 8.4 per- additional supply of crude oil from the world that buys our Treasury bonds cent of the median household income— tar sands in Canada that would be that we have the ability, the discipline 8.4 percent. I am not telling anybody transported to the United States, to deal with the fiscal issues we have in something they do not already know would be turned into gasoline in places our Nation. and they have not already felt, that such as Port Arthur, TX—apparently, Mr. President, I know we have the they have not already experienced. Ev- the President got up and thought: How distinguished Senator from Texas in eryone has experienced the higher can I obstruct additional supply? How the Chamber, who was to speak exactly prices. This is the highest price for gas- can I destroy the jobs that would be right now. I yield the floor and thank oline since 1981 when costs soared be- created, which is directly contrary to the Acting President pro tempore for cause of another crisis in the Middle what he professed he does when he the time. East. wakes up each morning thinking about The ACTING PRESIDENT pro tem- Weeks ago President Obama said how to create new jobs. pore. The Senator from Texas is recog- there is very little he could do about The Keystone XL Pipeline is a $7 bil- nized. high gas prices in the short term. I tell lion private investment that will cre- Mr. CORNYN. Mr. President, what is you, it is good he made those com- ate 20,000 jobs in construction and the regular order? ments in Miami, FL, and not Midland, manufacturing alone. It will add tens The ACTING PRESIDENT pro tem- TX, because Texans know that greater of thousands of additional jobs pore. The Senate is currently in morn- domestic energy production would help throughout the economy in other sec- ing business, with 20 minutes 16 sec- reduce oil prices and, therefore, reduce tors that will support the pipeline con- onds remaining on the Republican side. gasoline prices. Roughly 70 percent of struction. Mr. CORNYN. I thank the Acting the price of gasoline is the price of oil This is kind of personal for me and President pro tempore. from which gasoline is refined. You my constituents in Texas because we

VerDate Mar 15 2010 01:17 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.009 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1503 are an energy-producing State. We ac- exports are insulated from the poten- Dodd-Frank on a partisan basis. So we tually think that is good because it has tial supply disruptions in the Middle got divided government. What we did created a lot of jobs. It has allowed us East. Rather than demonizing oil and not get is an ability to stop the regu- to weather this recession. People have gas companies that employ millions of latory overreach of executive branch voted with their feet, and they have hard-working Americans, while wager- agencies. moved from other parts of the country ing more taxpayer dollars on boon- If the President is serious about to Texas because that is where the jobs doggles such as Solyndra, the Obama looking for every single area that we are so they can provide for their fami- administration should take its regu- can make an impact on gas prices, as lies and they can try to achieve the latory boot off the necks of our domes- he pledged in Miami, he must reverse American dream. tic energy producers. the regulatory overreach of the last 3 Texas as a whole provides more than As I said, this is personal for me and years. The U.S. Chamber of Commerce one-quarter of America’s total refining my constituents because Texans are reports that the Environmental Pro- capacity. Last month, when the subject proud that our State remains the lead- tection Agency alone is moving for- of the Keystone Pipeline was very ing U.S. producer of oil and gas. As I ward with 31 major economic rules and much in the news, I visited with a stated, it is what has helped us grow 172 major policy changes. That is not number of refinery workers in Port Ar- and create an awful lot of jobs for something Congress is legislating. That thur, TX, who expressed concern about which people are grateful. We know for is what the EPA is doing on its own be- the future of their livelihood. These a scientific fact that America has just cause they are an executive branch ad- constituents of mine in Port Arthur, begun to tap the potential of its vast ministrative agency. But they are TX, could care less about the politics resources. According to the Congres- going to have a negative impact on our in Washington, DC—who wins, who sional Research Service, our country energy supply. The Chamber of Com- loses, the sort of stuff that seems to fa- has more recoverable energy resources merce rightly calls this an unprece- cilitate an obsession inside the belt- than Canada, China, and Saudi Arabia dented level of regulatory action. It way. But they were particularly combined. has a chilling effect not only on energy upset—not just Republicans but Demo- As American Enterprise Institute production, it has a chilling effect on crats, Independents, unaffiliated folks. scholar Kenneth Green has noted, the jobs, something we need more than They were particularly upset with the Outer Continental Shelf of the United anything else as our economy struggles Obama administration’s rejection of States alone contains enough oil to to recover. the permit for the Keystone XL Pipe- fuel 85 million cars for 35 years. Yet Even as gas prices have approached line which, as I said, would terminate more than 97 percent of that territory $4 a gallon, the Environmental Protec- in the Port Arthur region and allow is not under lease as a result of Obama tion Agency has proposed a tier 3 rule our State to refine an extra 700,000 bar- administration policies. Expanding ac- to cut air emissions from fuels in light- rels of oil each day and turn it into cess to Federal onshore and offshore duty vehicles. This rule alone would gasoline and other refined products lands, eliminating permit delays in the force refiners of oil to gasoline to make that would increase the supply and issuance of leases could help reduce po- dramatic changes in the way they do thus, according to the laws of econom- lices and strengthen our energy secu- business. ics, have a tendency to bring prices rity while creating jobs and boosting A recent study concluded the rule down as we increase supply. revenue to the local, State, and Fed- would increase the cost of manufac- President Obama’s behind-the-scenes eral Government that would help us turing gasoline by 12 to 25 cents per maneuvers, this crusade, is the close our budget gap. gallon. So as high as they are now, starkest reminder yet. He is the only Unfortunately, the Obama adminis- once this rule goes into effect, the thing standing between this country tration’s proposed offshore oil and nat- price we pay at the pump could go from and more jobs and energy security. I ural gas leasing plan for 2012 to 2017 12 to 25 cents higher. regret to reach that conclusion, but I eliminates—eliminates—50 percent of It could also inflate the refiners’ op- do not know of any other reasonable lease sales provided for in the previous erating costs by $5 billion to $13 billion conclusion to raise. plan and imposes a moratorium on de- annually and lead to a 7- to 14-percent Rather than asking Saudi Arabia and veloping energy from 14 billion barrels reduction in gas supplies from U.S. re- other OPEC countries to produce more of oil and 55 trillion cubic feet of nat- fineries and force as many as seven oil in a region where our troops have ural gas in the Atlantic and Pacific U.S. refineries to shut down. been deployed for 10 years or more, is it Oceans. The moratorium on the nat- We have already seen recent reports any coincidence that in the oil-pro- ural resource rich Gulf of Mexico and of a number of refineries on the East ducing regions of the world that we de- persistent delays in permits for shallow Coast that produce gasoline in America pend upon for oil, where our American and deepwater leases could result in a shutting down because they cannot do troops have fought and some have 19-percent decrease in production in business economically under this regu- made the ultimate sacrifice to protect 2012—a 19-percent decrease in produc- latory burden. Beyond the tier 3 rule, our country, to protect our economy, tion. the American energy producers are to protect our way of life, that there So we are not only talking about deeply worried about the EPA’s pro- have been some in this Chamber who keeping the production static, we are posed greenhouse gas regulations have suggested we ought to go, hat in talking about actually decreasing sup- which will serve as an energy tax on hand, to Saudi Arabia, and say: Will ply as a result of Federal administra- consumers. They are also worried, as if you please open the spigot a little tion policies. Decreasing supply will that wasn’t enough, about the agency’s wider? Will you please supply us more have the inevitable effect of raising new source performance standards and oil so we do not have to do it in Amer- gasoline prices as that happens, and its boiler maximum achievable control ica? You can do it for us, and we can then there is the regulatory impact. technology rule. buy it from you. Everywhere I go in my State, and as I I know a lot of this sounds arcane Well, I believe this administration talk to people around the country— and is not something people talk about should work closely with our partners they come to visit us in the Capitol. If over the kitchen table. But each one of in Canada, a friendly country where we they are in the private sector, they say these cumulatively have had a negative do not have to worry about a disrup- the biggest threat to their ability to impact on the gasoline prices that are tion of supply because if the Iranian start a new business or grow existing directly harming American families in threat to block the Strait of Hormuz businesses and create jobs is regulatory their pocketbooks, lowering their comes to pass, 20 percent of the world’s overreach. standard of living and making it harder oil supply passes through the Strait of We know during the last election the to get by even as they struggle with Hormuz. You know what that would do voters gave us divided government. the slow economic recovery. to prices, not to mention other con- They made it harder for the Obama ad- Collectively, if we were to have a sequences which are entirely negative. ministration to single-handedly pass moratorium on these regulations at Canada is a reliable and geographi- policies such as the President’s health least until we begin to see unemploy- cally secure trading partner. Their oil care bill, such as the stimulus, such as ment come down and the economy

VerDate Mar 15 2010 01:26 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.011 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1504 CONGRESSIONAL RECORD — SENATE March 8, 2012 grow, gas prices come down—collec- MOVING AHEAD FOR PROGRESS IN move forward have been put in limbo tively, these regulations will put more THE 21ST CENTURY ACT because of the failure of Congress to U.S. refineries out of business and will The ACTING PRESIDENT pro tem- extend the so-called tax provisions, or lead to ever higher gasoline prices at pore. Under the previous order, the tax extenders, on a going-forward the pump. Conversely, if we were to Senate will resume consideration of S. basis. Wind projects all across the have a temporary moratorium, it 1813, which the clerk will report. country—in fact, I was visiting with would provide much needed relief to The legislative clerk read as follows: some folks right before coming to the hard-working American families. A bill (S. 1813) to reauthorize Federal-aid floor, and they have a variety of wind If that weren’t enough, the U.S. Fish highway and highway safety construction projects that are stopped dead in their and Wildlife Service has been very ac- programs, and for other purposes. tracks because of the uncertainty re- tive as well. I mentioned Midland, TX, The ACTING PRESIDENT pro tem- garding whether Congress will act. which is part of the historic Permian pore. The Senator from Virginia is rec- The ability to get the Keystone Pipe- Basin, which is a huge source of oil and ognized. line passed, in combination with pass- gas production. Thanks to new tech- Mr. WARNER. Mr. President, I will ing, as well, the extension of these ap- nology and innovation, it is experi- follow up on the comments of the Sen- propriate renewable energy tax credits encing a second boom and creating lots ator from Texas on an issue that we could have built the kind of bipartisan of jobs and a lot of American energy. will be voting on this afternoon, I un- consensus around energy policy that What a surprise it was when the U.S. derstand, regarding the construction of would be needed. I also believe the low- Fish and Wildlife Service announced the so-called Keystone Pipeline. est hanging fruit in terms of how we its intention to list the sand dune liz- I have been somewhat frustrated by save and can have a rational energy ard—a 5-inch lizard in the Permian the debate around this issue. Unfortu- policy in this country means a much Basin—as an endangered species with- nately, I think we are going to be con- greater involvement with energy con- out adequate investigation of the fronted again with kind of a bifurcated servation. There is a very strong bipar- science. It threatened the jobs of near- choice that doesn’t get to the possi- tisan energy conservation bill, the Sha- ly 27,000 Texans in the Permian Basin, bility of us actually putting into place heen-Portman bill, that could have which is home to more than one-fifth a comprehensive energy policy that been included in this package as well. of the top 100 oilfields in America. will remove this Nation’s dependence I think if we are going to get serious Looking at all of the evidence on en- upon foreign oil and start to look at about reducing our dependence upon ergy prices, it is hard to come to any the ability over the longer haul to foreign oil, if we are going to make conclusion other than that higher en- bring down the price at the pump and sure we give the American taxpayers a ergy prices are part of President make sure we are truly a participant in vision that in the future we are going Obama’s plan. He talks about green en- the opportunities of a glowing, multi- to see the ability to reduce our depend- ergy and green jobs. Those are great, faceted energy policy going forward. ence upon foreign oil that results in but they only supply a low single-digit I support the construction of the higher gas prices, we actually could percentage of our energy needs. We Keystone Pipeline. I believe we need to have put together around this Key- have to produce American energy, our have an energy policy that has an ‘‘all- stone proposal a true compromise, a bi- oil and gas reserves. of-the-above’’ approach. I do believe partisan consensus that would have in- President Obama’s policies have in- there are appropriate regulatory re- cluded construction of Keystone, with tentionally elevated the price of gaso- views that need to be made. I also, the appropriate environmental reviews, line to the detriment of the American frankly, think any construction of the with making sure those key areas of consumer. One of the things we can do Keystone Pipeline should take into Nebraska are protected, with the inclu- is pass this Keystone XL Pipeline consideration the very serious environ- sion of the energy tax cuts and provi- amendment. It will eventually provide mental considerations that particu- sions that we do on an annual basis, 700,000 barrels a day of oil from Canada larly affect the State of Nebraska, and and that we continue to allow wind, to be refined in America, creating jobs there will need to be a route for this solar, and other renewable energy pro- and creating more supply, which will have a beneficial impact on gasoline pipeline that would avoid that poten- duction to continue, and a meaningful prices, notwithstanding the other poli- tial environmental damage. energy conservation bill—the Shaheen- However, because of the way this cies I have mentioned this morning. Portman bill. I hope my colleagues will support process is being laid out, I will not be I believe those three policies linked voting for the Keystone amendment together would have resulted in a vote Senator HOEVEN’s amendment. I cer- tainly will. I would love to hear the today because by making this a that would have been overwhelmingly contrary argument. Unfortunately, we straight up-or-down issue, without tak- bipartisan and would have been a dem- hear nothing but crickets when we ing advantage of the opportunity to onstration to the American people that start talking about all of the beneficial put together the beginnings of an en- we are going to get out of our respec- effects of this policy. ergy package, we are missing a great tive fox holes and put the beginnings of I invite my colleagues who might not opportunity. a truly comprehensive energy policy in come from an energy-producing State As I have mentioned, if we are truly place. to go on the Internet and Google or use serious about energy security, and if Unfortunately, I don’t think we are Bing or whatever search engine they we are truly serious about reducing our going to have that happen. We are use and type in ‘‘U.S. oil and gas pipe- dependence upon foreign oil, I believe going to have a straight up-or-down lines’’ and look at the picture that we need an energy policy that has an vote on Keystone that dismisses any of comes up. They will be astonished, per- ‘‘all-of-the-above’’ approach. Yes, that the appropriate review processes and haps, to see all of the pipelines that are means more domestic oil and gas. But doesn’t bring in the issues around the operating safely, without the public it means when we have an opportunity so-called energy tax extenders or the knowing about it, providing the oil and in an issue of controversy such as this conservation bipartisan legislation gas and other refined products we need regarding Keystone, we could have that was put together by Senator SHA- in order to keep our economy growing. taken this opportunity to include a ra- HEEN and Senator PORTMAN. Instead of This pipeline is not a threat to the en- tional approach with appropriate envi- getting a more comprehensive vote this vironment because we have adequate ronmental reviews to get to, I believe, afternoon, which I believe would have safeguards in place, and have for a long a positive answer on Keystone but also passed overwhelmingly, we are going to time. link that with other energy policies end up with one more vote that will, Mr. President, I yield the floor. that would make sense. for the most part, break down on par- f I know the Presiding Officer has in tisan lines. I am disappointed in that. his State a number of wind facilities I do believe we need construction of CONCLUSION OF MORNING and solar facilities. Unfortunately, the Keystone Pipeline. I believe we BUSINESS those areas that need, as well, to be need meaningful energy conservation The ACTING PRESIDENT pro tem- part of our energy mix—the tax treat- legislation and meaningful tax policy pore. Morning business is closed. ment that allows those projects to that promotes renewable energy

VerDate Mar 15 2010 01:26 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.013 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1505 around solar, wind, and biomass. Un- is very simple and straightforward, and of energy in the eastern gulf—at least fortunately, we are going to miss the it goes to an awfully important issue. as of now—no to most things offshore opportunity today to send that strong It goes to the issue of the price of en- Alaska, no to ANWR—the Alaska Na- signal of a comprehensive ‘‘all-of-the- ergy, particularly the price of gasoline tional Wildlife Refuge—and increas- above’’ energy policy that would actu- at the pump. There will be a vote today ingly this administration wants to say ally move this Nation forward. on this amendment. In fact, it will be no and wants to put up hurdles and I know my friend, the Senator from the first vote we take this afternoon. blockages on lands where a lot of en- Texas, is no longer here. I would have The amendment is very simple. It ergy production is happening because loved to have been able to support a would allow us to go back to the pre- of enormous shale finds and relatively comprehensive package that would vious lease plan for the Outer Conti- new technology. have allowed the Keystone effort to nental Shelf, replacing the current One major thing we can do to affect move forward in conjunction with Obama administration lease plan which the price at the pump in the right di- these other efforts. Unfortunately, that cuts that previous plan in half and rection—which would be to lower it—is will not happen. Perhaps later in the moves us in the wrong direction in to say yes instead of no to developing year we will have the ability to cobble terms of producing our abundance of more of our domestic energy. Unfortu- together something that includes more domestic energy, including oil and nat- nately, in the last several years, under of an ‘‘all-of-the-above’’ energy policy ural gas. President Obama, we have been moving and we can actually get about the busi- Everybody is concerned about the in the opposite direction. We have been ness of making sure we have a national rising price of oil at the pump. It is on moving away from that production. energy policy. the rise again. It is significantly in- An excellent example is the Outer But there is no silver bullet. We were creasing. And that hits middle and Continental Shelf. This first chart I going to need to make sure we take ad- lower class families right in their will put up is the last lease plan—prior vantage of all of the energy resources pocketbooks, right where it hurts, and to the Obama administration—that we have in this country—oil, gas, off- it is particularly harmful in a down was actually beginning to say yes in a shore oil, nuclear, and appropriate rev- economy. We are struggling to get out significant way. This was the result of enue sharing with States—such as my of this recession, we are trying to the outcry from the public—the appro- State of Virginia—and energy con- mount a recovery, we are trying to priate outcry after the summer of servation and renewables as well. The make positive things happen, and these 2008—the last time prices at the pump sooner we get to that debate, the soon- increasing prices at the pump are hit- spiked so significantly. People said, er we can build the bipartisan coali- ting at the worst possible time. wait a minute. Why aren’t we pro- tions that will allow that kind of pol- What can we do about it? Well, there ducing more at home? Washington fi- icy to move forward. are a lot of things we can do, but cer- nally responded to that, and through With that, I yield the floor and sug- tainly increasing supply, including do- this lease plan we were saying yes gest the absence of a quorum. mestic supply, is one major, positive more and more. We were saying yes— The ACTING PRESIDENT pro tem- thing we can do. We know that 88 per- green light—on the east coast; yes, do pore. The clerk will call the roll. cent of the price of an average gallon of more in the gulf; yes, green light off The legislative clerk proceeded to gasoline is attributable to the cost of the west coast; yes, do more in offshore call the roll. crude oil and taxes—88 percent. That Alaska. Mr. VITTER. Mr. President, I ask only leaves 12 percent that is refining, Unfortunately, that came to a unanimous consent that the order for marketing, and distribution. And, by screeching halt under the Obama ad- the quorum call be rescinded. the way, that 12 percent also includes ministration. One of the first energy The PRESIDING OFFICER (Mr. the compliance cost for a host of man- actions this administration took— BROWN of Ohio). Without objection, it dates required by statutes and regula- President Obama and Secretary of the is so ordered. tions related to refining, marketing, Interior Salazar—was to very quickly AMENDMENT NO. 1535 and distribution. So again, the huge cancel this lease plan. Once they took Mr. VITTER. Mr. President, I call up bulk of that price represents the price office, they scrapped this. Then they my amendment No. 1535 which is at the of crude oil as well as taxes. studied it for quite a while, with no desk, and I ask it be reported by num- I could argue forcefully and present a lease plan in sight. Finally, several ber. lot of data that taxes on oil and gas are months ago, they announced and put The PRESIDING OFFICER. The actually too high, but I don’t expect a forward their own lease plan—the first clerk will report the amendment. majority of this Senate to listen. So under the Obama administration. And The legislative clerk read as follows: what we are left with as a way to im- what a difference an election makes. The Senator from Louisiana [Mr. VITTER] pact those rising prices at the pump is What a difference a change in adminis- proposes an amendment numbered 1535. to find more, develop more, increase tration makes. All of a sudden the The amendment is as follows: supply, and that brings the price down green lights became red lights again. (Purpose: To provide for an extension of the worldwide. And we can do that starting We reverted to the old policy of mora- Draft Proposed Outer Continental Shelf Oil right here at home. toria on production again and the an- and Gas Leasing Program 2010–2015) Most Americans don’t realize it, be- swer, again, was no, no, no, no. No, off On page l, between lines l and l, insert cause of Federal policy, but the United the east coast; no, for now, in the east- the following: States is the most energy-rich country ern gulf; no, offshore Alaska; no, off SEC. l. EXTENSION OF LEASING PROGRAM. in the world, bar none. When you look the west coast—no, no, no, no. (a) IN GENERAL.—The Draft Proposed Outer at all of our energy resources, cer- This plan is only half as much as the Continental Shelf Oil and Gas Leasing Pro- gram 2010–2015 issued by the Secretary of the tainly including oil and gas, the United prior 5-year lease plan. So instead of Interior (referred to in this section as the States is the most energy rich, and we moving in a positive direction, access- ‘‘Secretary’’) under section 18 of the Outer are far richer, by a long shot, in terms ing more of our energy, including in Continental Shelf Lands Act (43 U.S.C. 1344) of those total energy resources, than the Outer Continental Shelf, we are shall be considered to be the final oil and gas any Middle Eastern country, such as backing up, we are turning around, and leasing program under that section for the Saudi Arabia. The only other country we are turning our backs on the needs period of fiscal years 2013 through 2018. that comes close is Russia, and they of the American people. Again, we are (b) FINAL ENVIRONMENTAL IMPACT STATE- are well behind. saying no, no, no, no. MENT.—The Secretary is considered to have issued a final environmental impact state- The problem is the United States is The Vitter amendment, No. 1535, ment for the program applicable to the pe- also the only country in the world that would reverse that. It would say yes. It riod described in section (a) in accordance puts about 90 percent of those re- would say, no, this plan isn’t a good with all requirements under section 102(2)(C) sources off limits and says no, under idea. Let’s go back to the prior 5-year of the National Environmental Policy Act of current Federal law, under the current lease plan. Let’s develop, explore, and 1969 (42 U.S.C. 4332(2)(C)). Obama administration lease plan, to produce U.S. energy in a responsible Mr. VITTER. Mr. President, amend- drilling off the east coast, no to drill- way. Again, we are the single most en- ment No. 1535, the Vitter amendment, ing off the west coast, no to production ergy-rich country in the world, bar

VerDate Mar 15 2010 04:43 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.014 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1506 CONGRESSIONAL RECORD — SENATE March 8, 2012 none. We have enormous resources, in- comes to infrastructure, we have found this entire plan—no environmental re- cluding offshore, including oil and gas. common ground with most of our Re- view. So nobody in the country would But we are the only country in the publican friends. know what lies ahead. world that says no, no, no, no, and that I do wish to say, those who tune in to Look, we don’t need any more give- puts over 90 percent of those resources this debate are going to be a bit con- aways to Big Oil. They are having rag- off limits. fused because they are going to hear ing profits even at the height of the re- This amendment will begin to change debates on amendments that are not cession, raging profits, billions of dol- that. This amendment will reverse that about highways, bridges, roads. They lars. Here is the point. They are sitting mistaken policy. In so doing, it would are not going to hear too much about on 50 million acres of onshore and off- significantly increase the supply of oil that for a while. Why is that? Because shore leases they have yet to drill where we can control it most—right the Senate is the Senate is the Senate. upon. here at home. And when everything We tried very hard to limit the debate Let me repeat that. Senator VITTER else stays the same—you increase sup- to relevant amendments, but we were wants to open huge swaths of the ply, demand is the same—what hap- thwarted a couple times. We couldn’t coastline to Big Oil companies that are pens? Price goes down. That is the first get the 60 votes, pretty much party making record profits, the price of gas law of economics. line; colleagues wanted to have votes is soaring, and they are sitting on 50 So let’s say yes. Let’s say yes to on very controversial amendments, million acres of land, onshore and off- good, reliable U.S. energy, let’s say yes which I do not think are going to pass, shore leases they have yet to drill to increased energy independence by but we will find out. One of them is the upon. They have done nothing with doing more for ourselves right here at amendment offered by Senator VITTER more than 70 percent of the offshore home, and let’s say yes to great Amer- of Louisiana. acres and nearly 60 percent of the on- ican jobs. Because that is also what This amendment would essentially shore acres in which they currently this amendment would produce—jobs. take the drilling plan that was released hold leases. When they had a chance to And by definition these jobs can’t be in the last few days of the Bush admin- bid on more lease sales, they only bid outsourced. You can’t take good U.S. istration and would open for drilling on 5 to 6 percent of those offshore acres energy jobs and ship them to China or entire new areas on the Atlantic, Pa- in 2009 and 2010. So they are not taking India. You can’t do that, by definition. cific, the eastern Gulf of Mexico, and advantage of the leases they hold. But Let’s also say yes to this amendment Bristol Bay. The fact is, since that plan Senator VITTER wants to open huge because it would help with deficit and was offered, we have to understand we swaths, waive all environmental re- debt reduction. This increased activity are drilling more now than ever before. view, put at risk how many jobs in would do what? It would produce sig- We have four times the number of rigs California alone—400,000 fishing and nificant Federal revenue. The Federal out there. We are now exporting oil. recreation—400,000 jobs. That is larger revenue or royalty on domestic energy Does everyone agree we want more than some of our tiny States—well, production is the second biggest source oil? I want more oil. I want it to stay maybe a little bit smaller. I think one of revenue to the Federal Government, in America. But I don’t want to endan- of our States has about 500,000. This is second only to the Federal income tax. ger entire economies by saying to our 400,000 jobs, folks. We have to defeat Let’s say yes. Let’s do something friends in the States: Uncle Sam says this. about the rising price at the pump, and to forget about their fishing industry, It is a great bumper sticker. ‘‘Drill, let’s take control of our own destiny. forget about their tourist industry, for- Baby, Drill’’ is a great bumper sticker. Please support amendment No. 1535. As get about all the restaurants and the But I could write another one that I said, I urge all of our colleagues to hotels and everybody else who depends says, ‘‘Keep the Oil Here in America,’’ support this important amendment— on it. and they are exporting the oil. We are Democrats and Republicans. It will be I can tell you, in my State, tourism exporting oil. We are going to have the first amendment vote we take this is one of the biggest industries we have more of that debate when we come to afternoon. and the beauty of our State and the the Keystone Pipeline. Mr. President, I yield the floor. beauty of our coast is what draws so Here is the deal. The Vitter amend- The PRESIDING OFFICER. The Sen- many people there. So this heavy-hand- ment is a giveaway to Big Oil. They ator from California. ed amendment says we don’t care what made a combined $137 billion in profits Mrs. BOXER. Mr. President, I am you think, we are going to just open last year. The American consumer going to speak against the Vitter everything. doesn’t see a dime of savings at the amendment because I think it is a huge In 2006, this body passed the Gulf of pump. It would do nothing to lower gas danger to our economy, and I will ex- Mexico Energy and Security Act. I prices. It would encourage them to con- plain why. It is a huge overreach by know my friend from Florida is on the tinue to sit on their assets, and that is the Federal Government into the abil- floor. That act offered 8.3 million acres what I think this is about. They list ity of States to determine if they want for drilling in the central and eastern their assets in their yearly report to a recreation industry, if they want a gulf planning areas in exchange for their shareholders, and those assets fishing industry, if they want a tourist protecting Florida’s coast until 2022. have value. So they just show them industry. So I will speak more about it. We will see, if this were to pass, lease year after year and they never drill. In Before I do that, I want to let people sale No. 220 off the coast of Virginia go reward for that, we are going to give know where we are. Thanks to the ex- forward, despite concerns that this will them even more assets they can brag traordinary patience of our majority interfere with the Navy’s and NASA’s about. leader, HARRY REID, today, we finally activities in the region. The Vitter I am going to put again into facts have a path forward to the transpor- amendment requires drilling in Bristol what I said before: Domestic oil pro- tation bill. And normally I would name Bay, one of the world’s richest fishing duction under President Obama is up. lots of other people—yes, we have all grounds, which supports a commercial There are 1,272 active oil rigs in the been involved—but Senator HARRY fishery worth $2 billion a year. United States right now, more than REID is extraordinary. Let’s be clear, America. We have 2 four times the amount than in 2009. In He sat in his office last night, 7, 8, 9, percent of the world’s proven oil sup- 2010, for the first time in 13 years, im- 10, I was calling him finding out what plies and we use 20 percent of the ported oil accounted for less than 50 was happening. I was calling the great world’s energy. So we can’t drill our percent of the oil consumed in Amer- staff he has, working with my staff and way out of this. What one can do, if one ica. Senator INHOFE’s staff, whom I have votes for Vitter, is maybe feel they are Why is this happening? It is hap- grown to respect so much. Given all doing something, but we are destroying pening for many different reasons; one the issues that are facing us, we all whole areas of our Nation that are so is we are drilling more and we are knew that having a transportation bill dependent upon the beauty of our doing it in a sensible way, not destroy- is critical. We do debate very fiercely coastline. ing areas that need to be protected and on lots of things, and we are going to On top of it all, this amendment jobs that need to be protected but in a see that this morning. But when it would waive environmental review of wise way, in the regular order, in the

VerDate Mar 15 2010 01:26 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.017 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1507 regular process. But also, we are driv- out that the Vitter amendment would AMENDMENT NO. 1822 ing more fuel-efficient vehicles. That is allow drilling in the one place on the (Purpose: To provide for the restoration of extremely important because I already Outer Continental Shelf that is off-lim- the natural resources, ecosystems, fish- told everyone, we can’t drill our way its in law; that is, the Gulf of Mexico eries, marine and wildlife habitats, beach- out of this mess with only 2 percent of es, and coastal wetlands of Gulf Coast off Florida. States and to provide funding for the Land the supply, using 20 percent of the There are several reasons that was and Water Conservation Fund) world’s energy. It is a tilt. It is a mis- passed in a bipartisan way with my col- Mr. NELSON of Florida. Mr. Presi- match. So we have to have more fuel- league Senator Mel Martinez back in dent, if I may be recognized, I want to efficient cars. Of course, our President 2005. In the first place, there is no oil point out that later on today we are led the way on that, and Detroit has re- out there of any appreciable amount. going to have an amendment that is bi- bounded because of this President and The Senator has already pointed out partisan. It is an amendment that, of those in this Senate and House who there are 50 million acres under lease its original filing with 10 Senators, 3 of voted to assure they wouldn’t go bank- that are not drilled. Well, 30 million of them are Democrat and seven of them rupt. those acres under lease that have not are Republican. It is called the RE- The truth is, the Vitter amendment STORE Act. What it does is when the is dangerous. It is very dangerous. If he been drilled are in the Gulf of Mexico, where the oil is, in the central and fine is determined on BP because of the wanted to come here with an amend- 5 million barrels of oil they spilled— ment that had any hope of passing, in western gulf. There is very little oil and gas in the eastern Gulf of Mexico. the fine allocated according to the my opinion, why doesn’t he go after Water Pollution Act, which says that a Why? Because Mother Nature had the speculators on Wall Street who are fine will be levied upon anyone who those sediments coming for millions of driving up prices? The CFTC Commis- spills a barrel of oil in public waters, years down the Mississippi River, and sioner, Bart Chilton, has calculated and, of course, because of the enormous that consumers pay an additional $7 to then the Earth’s crust compacted for amount of oil that was spilled, this $15 on each tank of gas due to oil spec- millions of years and made that oil and could be a very substantial fine, 5 mil- ulation. So if one wants to come and do the oil is where the sediments were. lion barrels of oil—once that fine is de- something we could all support, come It is not out there and the oil compa- termined, then the question is how is it with an amendment that says the oil nies know that and that is why they going to be allocated. companies should drill on the lands have 37 million acres under lease and If nothing is done, only about $1.5 bil- they already have leases on; that we only 7 million in the Gulf of Mexico are lion would go into the Oil Spill Liabil- are very willing to open more acres drilled, are producing of the 37 million ity Trust Fund. The rest of it is that make sense, with the under- acres. undeclared. Naturally, what the Gulf Coast Senators wanted to do was to standing that oil will stay here. We That ought to be prima facie evi- will work to stop the speculation on have some of that money come back to dence of why we don’t need to go in the Wall Street that is driving up prices. restore the gulf—the critters, the Gulf of Mexico off Florida. But there is Frankly, I think if we see this contin- water, and the people who are the ones more. Didn’t we have some lessons ued upswing in prices, my belief is we who suffered as a result of the BP oil- from the BP oilspill 2 years ago of what should go to the Strategic Petroleum spill. happens to tourism when oil comes up Reserve, which has been done time and What we have worked out is a for- on the beach? It came very little on the time again under Republican and mula, that 20 percent of whatever the Florida beaches, thank the good Lord, fine is would go back to the Oil Spill Democratic Presidents, and we have but the tourists thought the beaches Liability Trust Fund and the remain- seen the salutary impact on gas prices. were covered. So that tourist season on ing 80 percent would be allocated ac- They go down at least one time was 10 our gulf coast beaches was a bust from cording to a formula devised by the Na- cents—I remember 10 cents a gallon tional Gulf Restoration Council, ap- right away. One time they stabilized the Alabama-Florida line all the way down the west coast of Florida. We get pointed by the States and the Federal the prices. So we have seen it happen Government. It would go to make the before. That is why we have a Strategic down to Clearwater Beach, St. Peters- burg Beach, lo and behold, they had a environment of the gulf whole. It Petroleum Reserve. would go to help the economic develop- So one wants to come with a bal- devastating dropoff of tourists who didn’t come to those hotels and those ment along the gulf that had suffered. anced plan and talk about how the oil And, very critically to this Senator, it companies have to drill on lands they restaurants and all those ancillary businesses. Part of what we have been would go to help research the long- have, how we support drilling where it term health effects on the gulf because makes sense and doesn’t put people out doing with the BP money is trying to make people whole for all the income there is no telling the effects. With all of work who are in the recreation and that oil sloshing around out there, we tourism and fishing industry, go after they lost. That ought to be reason enough. But there is another reason, are already seeing enormous effects the speculation on Wall Street, and tap and we are going to be seeing that for the Strategic Petroleum Reserve, and this is where people often are so surprised when I tell them. years and years. which is 97 percent full, if it looks like For example, there are two professors we can’t get a handle on these prices. The Gulf of Mexico off Florida is the down at LSU with whom I visited who That is a plan, in addition to which we largest testing and training area for have been doing research on a little should continue to give tax credits and the U.S. military in the world. This fish that roots around in the marshes tax writeoffs to those people who buy Senator from Florida has two letters to get its food. This little fish, called fuel-efficient vehicles. I would love to from two successive Secretaries of killifish—it is about the size of a silver see an added benefit for those made in State—by the way, both Republican— dollar—they took that little fish and America. Secretary Rumsfeld and Secretary took slices of its gills, put them under Vitter should be defeated. It is very Gates, that say we can’t put oil drilling a microscope, and have shown dramatic controversial. It doesn’t help us at all, and oil-related activities in the Gulf of results in fish that live in the marshes and it would only pad the paychecks of Mexico off Florida in the test and where the oil penetrated, such as the oil companies. training range, which in effect is the Barataria Bay, where it is all mixed up Mr. NELSON of Florida. Mr. Presi- Gulf of Mexico off Florida. down into the sediment, and then tak- dent, will the Senator from California ing samples of the killifish that came I just wanted to bolster the Senator’s yield. from marshes where not much oil hit. statements about why we have to vote Mrs. BOXER. Yes, I would. The dramatic result shows that these down this Vitter amendment. The PRESIDING OFFICER. The sen- little fish do not reproduce. The ones ior Senator from Florida is recognized. Mrs. BOXER. I was just going to sug- that are there are stunted in their Mr. NELSON of Florida. I just wish gest that Senator NELSON continue growth. They have all kinds of aberra- to underscore the statement of the with the time because I do not need tions in their actual biological make- Senator from California with regard to any more time at this point. So please up. This spells bad news for the future the Outer Continental Shelf and point continue. of the gulf.

VerDate Mar 15 2010 01:26 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.018 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1508 CONGRESSIONAL RECORD — SENATE March 8, 2012 It is one of the amendments to the State council responsible for devel- I call up my amendment, No. 1822, transportation bill. It is about five oping and executing a holistic plan to which is at the desk, and ask that it be down on the list. Hopefully we will increase the resiliency of the gulf eco- reported by number. vote on it this afternoon. With seven system. Why were baby dolphins dying The PRESIDING OFFICER. The Republican Senators being the spon- in record numbers? We don’t know. We clerk will report the amendment by sors of the original legislation, we are have to find out. We have to test these number. going to have this up. I plead with Sen- results for years to come. The assistant legislative clerk read ators, if you are concerned that you do The amendment is also going to en- as follows: not want all this money that is being sure that each Gulf State would come The Senator from Florida [Mr. NELSON] for fined as a result of the spill in the up with a State plan that is consistent himself, Mr. SHELBY, and Ms. LANDRIEU, pro- gulf—if you want it to go elsewhere in with the Federal-State council plan. poses an amendment numbered 1822. the country, I plead for you to recog- Finally, this bill sets aside funding (The text of the amendment is print- nize if you were in our shoes what you for science, specifically dedicating ed in today’s RECORD under ‘‘Text of would want. But acknowledging that funding for data collection for our fish- Amendments.’’) you want some of the money—because eries, for our wildlife, for long-term ob- Mr. NELSON of Florida. I yield the we had to get a pay-for, and the pay-for servation and monitoring, and sets up floor. is not controversial, yet it produces centers of excellence to carry out re- The PRESIDING OFFICER. The Sen- about $1.5 billion additional—that can search on the gulf for years to come. ator from Maine. go to the Land and Water Conservation But there is also a national compo- AMENDMENT NO. 1660 Fund. The pay-for is something that nent in this bill. It creates a set-aside (Purpose: To provide additional time for the the Senate has extended every year, a funding for an endowment for the Administrator of the Environmental Pro- portion that was passed back in 2004 oceans, an endowment for the Great tection Agency to issue achievable stand- having to do with the World Trade Or- Lakes, so in addition to restoring the ards for industrial, commercial, and insti- ganization. gulf where the harm occurred, we can tutional boilers, process heaters, and incin- It is a very complicated thing. Each better protect all of our coasts from erators) year the Senate has put that in abey- environmental harm. It provides sub- Ms. COLLINS. Mr. President, I call ance for another year. That is our pay- stantial investments in the Land and up my amendment numbered 1660, for, to put it in abeyance for the ninth Water Conservation Fund, which I which is at the desk, and ask that it be year of the 10 years that this provision mentioned, which protects and con- reported. is to be in effect. What it does is it pro- serves land in each and every State in The PRESIDING OFFICER. The duces about $1.5 billion for the Land this Union. clerk will report. and Water Conservation Fund so that I believe our people, the whole of The legislative clerk read as follows: it will have an effect for those con- America, deserve a healthy and produc- The Senator from Maine [Ms. COLLINS], for cerned outside of the area of the Gulf tive gulf too, and the civil fines that herself, Mr. ALEXANDER, and Mr. TOOMEY, of Mexico. are going to be assessed to BP can en- proposes an amendment numbered 1660. As you know, the Deepwater Horizon sure that. (The text of the amendment is print- oilspill was right at 5 million barrels. I wish to share with my colleagues a ed in the RECORD of Wednesday, Feb- It coated the beaches. It seeped into vision for a restored Gulf of Mexico. ruary 15, 2012, under ‘‘Text of Amend- the wetlands. It kept fishermen at the One of the lessons we learned—and we ments.’’) dock during one of the busiest fishing learned it too late—is that we do not Ms. COLLINS. Mr. President, I rise seasons. It killed wildlife. It kept the have sufficient understanding of the today to offer amendment No. 1660, the tourists away from the gulf. The long- gulf ecosystem. We know that one- EPA Regulatory Relief Act, to the term impacts are not known because third of our domestic seafood comes highway reauthorization bill. I am very there is still a lot of oil out there at from the gulf waters but we did not pleased to have Senator ALEXANDER, 5,000 feet, on the floor of the Gulf of have a clear picture on the biological Senator PRYOR, Senator TOOMEY, Sen- Mexico. The fish and the wildlife that status of two-thirds of the federally ator LANDRIEU, and Senator MCCASKILL were not immediately killed are show- managed fish stocks that call the gulf joining me as cosponsors of this ing the signs of damage, as I have indi- home, so it is important that some of amendment. cated with the killifish. these fines go toward dedicated, long- Last year I introduced the EPA Reg- The gulf residents and the commu- term science about the gulf ecosystem. ulatory Relief Act (S. 1392) to provide nities continue to suffer. In the Senate That was one of the main things I the Environmental Protection Agency today, we have a chance to take a step wanted to get into the RESTORE Act, with the time the Agency itself said it to make the gulf coast whole again. As because of the obvious implications for needed to rewrite the proposed Boiler a sign of solidarity for the gulf, of the the long term. A restored gulf is one in MACT rules to better serve the public five Gulf Coast States that collectively which clean water that is free from interest and to protect vulnerable man- have two Democratic Senators and algae blooms and free from tar mats, is ufacturing jobs. That legislation had eight Republican Senators, all but one home to oyster reefs and fish habitat the support of 41 of my colleagues on Senator of those five States signed as a and sea grass beds, where charters both sides of the aisle, and a nearly sponsor of the bill. It is bipartisan. ferry tourists from hotels to pristine identical bill passed the House of Rep- This commonsense legislation is sup- beaches and then on out to the produc- resentatives with bipartisan support ported by so many people who looked tive fishing spots. An integral part of this fall. at this: National Environmental Policy the restoration is to shore up the The EPA Regulatory Relief Act is Act groups, sportsmen, chambers of coastal communities that were hardest straightforward. It will help ensure commerce, academic institutions, local hit by the economic impacts of the oil- that the final Boiler MACT regulations governments, the business community. spill. It is going to take a substantial will be achievable and affordable and Today’s vote is going to be a huge step investment to achieve those goals. that manufacturers will have adequate toward making sure that the fine that The gulf cannot wait. The rigid par- time to bring their facilities into com- is going to be imposed upon BP, how- tisanship that has sometimes grid- pliance, thus preserving jobs. We hear ever much it is, ends up in the local locked this body has given way to a over and over again that the top pri- communities that were harmed by BP’s spirit of strong collaboration and bi- ority of the Senate should be to create oilspill; otherwise, the money is going partisanship in this Senate when it an environment where jobs are created to end up in the Federal Treasury, and comes to the RESTORE Act. and preserved. Well, this amendment is there is no telling, then, where it is I thank all the cosponsors of the all about saving jobs. going to be spent. amendment and the cosponsors of the Since the EPA proposed these new The RESTORE Act amendment pro- RESTORE Act, and I urge and plead Boiler MACT regulations in April of vides funding to each Gulf State for with our colleagues to support this 2010, there has been widespread bipar- ecosystem restoration and economic amendment. It is right for the gulf. It tisan concern over the cost of the im- recovery. It also creates a Federal- is right for the country. plementation and potential job losses.

VerDate Mar 15 2010 01:26 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.021 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1509 It has been our shared goal to ensure First, the overall capital cost to manufacturing at a time when our that the final rules crafted by the EPA manufacturers of the Boiler MACT economy can least afford it and when protect public health and the environ- rules remains a staggering $14 billion there are alternatives. ment, while preventing the loss of and threatens more than 200,000 criti- I am not saying there should not be thousands of jobs we can ill afford to cally needed, good jobs. Think about Boiler MACT regulations. I am saying lose. Enactment of this legislation is that. The revised rules have an esti- we need more time for the EPA to get necessary to protect and to grow Amer- mated cost of $14 billion, and 200,000 it right, to work with the industry, to ica’s manufacturing workforce. This is jobs would be lost. get real-life emission standards. I am all about jobs. Second, following the January 9 saying we need more time for compli- We have urged the EPA to set emis- court decision that overturned the ance so that we are not imposing these sion standards based on real-world ca- EPA’s stay of the March 2011 rules— huge costs at a time when our manu- pabilities of the best performing boil- and this was a stay that the EPA, to facturers are struggling and thus jeop- ers currently available. After all, that its credit, requested but unfortunately ardizing jobs. is what Boiler MACT is supposed to be was denied—businesses are facing seri- A coalition of 380 companies and or- all about. Unfortunately, the EPA did ous and ongoing legal and regulatory ganizations—I don’t think I have ever not begin its rulemaking with that uncertainty. offered an amendment with more sup- goal in mind, and the consequences are Third, the revised rules still do not port. And this has so many companies so serious. The forest products indus- allow companies adequate time to com- so upset about what this is going to do try is the lifeblood of many small, ply with the new standards and install to the much needed jobs they are pro- rural communities in my State of the required equipment. viding. There are 380 companies and or- Maine and many others; therefore, I Fourth, important biomass materials ganizations, including the National am alarmed by a study commissioned are still not listed as fuels. That makes Federation of Independent Business, by the American Forest and Paper As- no sense at all. We are trying to reduce the U.S. Chamber of Commerce, the sociation which found that imple- the use of fossil fuels. We should be en- National Association of Manufacturers, menting the EPA rules as originally couraging the use of biomass in boilers. and the American Forest and Paper As- drafted could cause 36 pulp and paper In fact, the Department of Energy is sociation, and those are just a few of mills around the country to close, put- doing just that while the EPA is doing the 380 companies and organizations ting more than 20,000 Americans out of the opposite through these rules. It that have called for passage of my work. That is 18 percent of the work- makes no sense to force mills to use amendment. The members of this coa- force in just this one manufacturing fossil fuels while landfilling renewable lition are committed to working with sector. biomass material. That makes no sense the EPA, to being good stewards and Mr. President, you may have heard whatsoever. supporting the development and imple- that the EPA has revised its rules, and Finally, the EPA’s current schedule mentation of achievable Boiler MACT it has. But despite these revisions, the for finalizing the rules is inadequate rules, not rules that don’t classify bio- Boiler MACT rules remain an issue of for fully analyzing the comments and mass, that force people to use fossil great concern to manufacturers across data that will be received during the fuels instead of biomass. How is that the country and to many of my con- comment period. The EPA recognizes good for our environment? It is essen- stituents. With the reconsideration that, and that is why it asked for this tial that the EPA produce final rules process, the EPA has taken some ini- stay. that are guided by the same commit- tial steps, but they are not even close So I would ask of my colleagues, do ment. to sufficient. The Agency’s reproposed not be deceived by the EPA’s hollow The EPA is making progress in re- rules still do not address the serious promises that somehow, some way, ev- ducing the costs and coming up with a and real threat to factories and mills erything will be fixed and that we don’t more practical approach to the Boiler that will be most directly affected. The need this legislation. The fact is that MACT rules, but we have no idea where revised rules are still estimated to cost the EPA regulations are a moving tar- they are going to end up. They are a billions of dollars and thousands of get. Who knows what they ultimately moving target, and we have had prom- jobs. Regions across this Nation al- will propose? Some of the materials of ises not fulfilled by the EPA before. ready struggling with the decline in the biomass boilers are still being con- I believe we can achieve the health manufacturing would be the hardest sidered as solid waste and treated as an benefits we all desire. And I know we hit. Furthermore, a recent court ruling incinerator with far more costly and are going to hear on the floor that has created even more uncertainty and onerous regulations, but then again, somehow I am trying to harm children confusion, and it has increased the this is the same EPA that initially pro- or delay health benefits, and that is pressure on EPA to just rush through posed that we no longer treat biomass not true. I am trying to allow the time these rules without careful consider- and wood as carbon neutral, over- the EPA says it needs to get this right. ation. turning years of treating wood as car- We can achieve health benefits we de- Legislative action is needed to ensure bon neutral. That makes no sense ei- sire without putting thousands of peo- achievable and affordable rules, to ther. Under tremendous pressure, the ple out of work and stifling the eco- allow adequate compliance time, and EPA finally backed off on that for 3 nomic recovery. The bipartisan di- to reduce the risk to industries posed years, but we don’t know what is going lemma that is before us will help en- by the pending litigation, which has to happen. sure that result, and I urge my col- created so much uncertainty that man- Let me say that the EPA does per- leagues to join me in supporting this ufacturers are telling me they are put- form some vital functions in helping to commonsense amendment to preserve ting any job expansions on hold. Enact- protect public health by ensuring that jobs and strengthen our environmental ment of the EPA Regulatory Relief Act the air we breathe is clean and the protections. remains the best way to provide the water we drink is safe. I have opposed The PRESIDING OFFICER. The Sen- time the EPA says it needs to develop many attempts to delay or overturn ator from California. and implement Boiler MACT rules that EPA regulations, but we need to make Mrs. BOXER. Mr. President, just for will deliver the intended benefits to sure that as EPA issues new regula- the people who are watching this de- public health and our environment tions, it does not create so many road- bate, we are talking about the Trans- without devastating our economy. blocks to economic growth that it dis- portation bill. We are talking about There is no need for a choice—it is not courages private investment, which is preserving the jobs that go with that, the environment versus jobs. With the key to maintaining and creating 1.8 million jobs, and an additional 1 carefully crafted regulations, we can jobs. We need to make sure the EPA million that will be created. But we are protect the environment and preserve both protects the environment and pro- hearing a debate about whether we jobs. tects our economy and does not impose should roll back a proposed rule that There are several factors that rein- billions of dollars of new costs on man- controls the following poisons: mer- force the continuing need for this legis- ufacturers, leading to an estimated loss cury, arsenic, lead, chromium, benzene, lation. of hundreds of thousands of jobs in and toxic soot, just to name a few.

VerDate Mar 15 2010 01:26 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.023 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1510 CONGRESSIONAL RECORD — SENATE March 8, 2012 If anyone believes all this legislation we received during the public comment pe- for every year it is delayed we would is about is delay, then they don’t know riod on the reconsidered standards we pro- see 8,100 premature deaths, 5,100 heart because this amendment, which has posed last December. We intend to finalize attacks per year, and 52,000 cases of ag- been called the EPA Regulatory Relief the standards this spring. In the proposal, gravated asthma. I wish to show my EPA proposed to ‘‘reset’’ the three year com- Act, would forever change the current pliance clock to give entities the full colleagues a picture of what it looks standards allowed for mercury, arsenic, amount of time available under the Clean like when a child has asthma. What lead, chromium, benzene, toxic soot, Air Act upon finalization of the rule, and, does it look like when a child has asth- and other dangerous pollutants. So it subject to the formal rulemaking process, ma and they are gasping for air? Too not only delays a rule that is critical— expects to do so in the final rule. The Act many of our children have asthma. I and I will tell my colleagues the num- also gives state and local permitting au- don’t know about my colleagues, but bers of lives that will be saved because thorities the ability to provide up to a one- when I go to the schools I ask the kids: of it—but it changes the standards for year extension of that deadline, on a case-by- How many of you have asthma or know case basis, as necessary, for the installation these toxins forever. of controls. someone who has asthma? About 50 I don’t know about the Senator from While EPA believes facilities can meet percent of the kids raise their hands. I Maine, but I have never had one con- compliance requirements within the four suggest my colleagues do that. stituent come up to me and say: Sen- years described above, I commit to you that This is our legacy—these kids. They ator BOXER, there is one thing you can EPA will handle each situation on a case-by- are who we live for. They are why we do for me. I beg you. Increase the ar- case basis, and work with facilities to deter- are here, to make life better for them. mine the appropriate response and resolu- senic in the air. I need more mercury. People say we are going to save jobs. Oh, I am desperately in need of more tion. We have authority available to us to re- solve concerns that might arise at individual First of all, let me tell my colleagues benzene, chromium, and lead. facilities as long as appropriate and timely something: If you had a heart attack I have never heard one say: I am will- steps are being taken towards compliance. that you didn’t need to have, you are ing to risk the fact that my grandchild, Additionally, as required by the Clean Air not going to be working. I think there who is going to be born in a few Act, we proposed and will finalize air toxic are also 400,000 lost workdays per months—I am willing to risk the fact standards for boilers based on real-life data year—scientifically peer-reviewed. If that they may have brain damage. Oh, that industry has provided to us about the this is delayed, for every year—and it level of emissions from their facilities. As repeal the Clean Air Act. Repeal the has been 20 years in the making, con- rules. EPA reviews the public comments and data as we finalize these standards, we will pay trol of these pollutants—400,000 lost I hope we will vote down this amend- close attention to their achievability. We in- workdays per year. ment. This amendment is described as tend to set standards that can be met by Here is another fact: We talk about being nothing but a delay when it actu- plants operating in the real world. the cost. Yes, it will cost $1.5 billion ally changes the standards for the most Again, thank you for your continued at- per year to clean up this poison. The poisonous pollution known to human- tention to this matter. It is important to en- annual benefits are $67 billion. I would kind. Instead of the EPA Regulatory sure that we achieve these key public health standards in a way that is sensitive to legiti- say to my friends, that is a heck of a Relief Act, I would call it the Increased good ratio—a good ratio. Poisonous Pollution in America Act. mate needs of business interests. If you have additional questions, please feel free to con- I ask unanimous consent to have My friend read names supporting her tact me or have your staff contact Arvin printed in the RECORD a letter from the amendment. Let me tell my colleagues Ganesan, Associate Administrator for Con- American Boiler Manufacturers Asso- who opposes it—people from her own gressional and Intergovernmental Relations ciation. State: the National Association of at (202) 564–5200. There being no objection, the mate- County and City Health Officials; the Sincerely, rial was ordered to be printed in the American Lung Association; the Amer- LISA P. JACKSON. RECORD, as follows: ican Public Health Association; the Mrs. BOXER. My friend says EPA American Thoracic Society; and the needs more time. They have had 20 ABMA, years—20 years—on this in terms of Vienna, VA, January 27, 2012. Asthma and Algae Foundation of Re Manufacturer Opposition to the EPA Reg- America. That is just a partial list. regulating these pollutants. ulatory Relief Act of 2011. We need to vote this down. My friend Senator CARPER from Delaware, who TO MEMBERS OF THE UNITED STATES SEN- makes a number of points about bio- is a very moderate Member of this ATE: In the considered technical judgment of mass—and we have the great Senator body, has stood in front of our caucus the American Boiler Manufacturers Associa- from Oregon here who actually took and made a passionate plea: We don’t tion (ABMA), and contrary to popular talk- this issue on in the beginning, and he is need any more delays. We need action, ing points distributed by those less inter- going to have some time to talk about and we need wise action. EPA has said ested in their technical practicality and it—and resolved a lot of our problems they will work with our States, State more interested in killing them outright, the with this. He is to be credited for a by State; they will work with the pol- Industrial Boiler MACT Reconsideration compromise with EPA that will work. luters, polluter by polluter. Because of Rules proposed by EPA in December 2011 are I just want to say—and everything I the leadership of the Senator from Or- technically achievable by real-world boil- ers—the only kind of boiler and combustion say is fact; it is peer-reviewed fact— egon, they have written letters to equipment the ABMA membership designs these toxins cause cancer, heart dis- many of us who are concerned saying and makes. ease, and premature death. they will work on this. Compliance can be achieved using existing, The Senator from Maine said all this I am not going to talk too long be- state-of-the-art, technologically-advanced amendment does is give EPA another cause I want to leave time for my and fuel-flexible products along with inno- year because they are not ready any- friend, but I must put in the RECORD vatively-designed and engineered application way. the following facts: If we vote for the solutions to meet the exigent needs of a host I ask unanimous consent to have Collins amendment and if it were to be- of varied individual boiler facilities. And, contrary to what some too-fre- printed in the RECORD a letter from the come the law, A, it doesn’t belong on a quently-cited, yet flawed and discredited EPA saying they are ready by spring. transportation bill. We should be de- [Congressional Research Service, 7–5700, There being no objection, the mate- bating the Clean Air Act for weeks on www.crs.gov, R41459], studies would have you rial was ordered to be printed in the end if we are going to start repealing believe, these proposed rules are not job-kill- RECORD, as follows: standards for these pollutants. So just ers—in fact, for the boiler, combustion, pol- UNITED STATES ENVIRONMENTAL on that issue alone we should vote lution-control and for other compliance-re- PROTECTION AGENCY, against it. If it were to pass, which I lated industries, they will be job generators; Washington, DC, March 5, 2012. don’t believe it will, 300,000 newborns clearly lob generators for those small busi- Hon. RON WYDEN, each year may well have increased risk nesses on main streets across this country that install, repair and tune-up boilers and U.S. Senate, Washington, DC. of learning disabilities from toxic mer- DEAR SENATOR WYDEN: Thank you for your boiler systems. continuing interest in the air toxics stand- cury exposure in the womb. As for compliance resources, please be con- ards for boilers. We are currently in the We know because of peer-reviewed fident that the U.S. boiler and combustion process of developing final standards and re- science, if this were to pass and we equipment industry—with decades of experi- sponding to additional, useful information would not have this rule go into effect, ence and expertise in meeting tough, state,

VerDate Mar 15 2010 04:43 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.025 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1511 local, regional and national air-quality lead you into delaying the current December toxic soot, which results in devastation codes, standards and regulations with inno- initiated rulemaking process—propsals and a for our families in very, very, very vative, and real-world design solutions— process that provide a flexible, affordable, large numbers. stands ready and able right now to help and achievable pathway to air quality, great- Thank you very much, Mr. President. those affected by these rules to comply with er efficiency and the types of long-term boil- them in a timely and affordable manner. Ar- er room upgrades and modernizations that I hope we will vote no on the Collins guments that there are insufficient resources will lead to sustainable competiveness and amendment. available for use in compliance within the bottom line stability. Ms. MIKULSKI. Mr. President, I time period specified by the rules are spe- [For a list of the membership of the Amer- come to the floor today to fight for a cious and uninformed in the extreme. In fact, ican Boiler Manufacturers Association and paper company in western Maryland delay in rule finalization, as envisioned by their respective products and services, go to called Luke Mill. I am fighting for the the EPA Regulatory Relief Act of 2011, will http://boilermactfacts.com, and for ques- jobs it creates in western Maryland, only exacerbate future compliance issues tions, please contact me directly via email and I am fighting to make sure its and costs; labor and materials costs and at [email protected] or at 703/356–7172.] workers have a government on their availability are currently stable and domes- Sincerely, side. tic boiler and combustion equipment manu- W. RANDALL RAWSON, facturing capacity is available now to serv- President/Chief Executive Officer. I have worked with the leadership at Luke Mill for decades. It is one of the ice the full range of compliance options Mrs. BOXER. The letter from ABMA available under the new, more flexible rules last large employers in western Mary- strongly says the following: ‘‘We urge as proposed by EPA in December. My manu- land. These jobs provide good wages Senators to oppose the EPA Regu- facturer and supplier members make things and good benefits for Maryland work- latory Relief Act.’’ and they make them here in the United ers and their families. When it was States—providing high-wage jobs and con- This is business. This is American owned by the Luke family, I was in fre- tributing to tax bases across this country— business, made in America. The Amer- quent contact with John Luke about in states like California, Connecticut, Geor- ican Boiler Manufacturers Association: challenges the company was facing. We gia, Illinois, Indiana, Kansas, Kentucky, ‘‘We encourage Senators to vote it Massachusetts, Michigan, Minnesota, Mis- talked about ways the Federal Govern- down.’’ sissippi, Missouri, Nebraska, New Jersey, ment could help his business and where New York, North Carolina, Ohio, Oklahoma, I have that letter, and that is what they say. My friend from Maine said it it should just stay out of the way. Pennsylvania, South Carolina, Tennessee, When unfair trade practices of China is not technically feasible to clean up Texas, Virginia, and Wisconsin—and they are were threatening the viability of Luke prepared to meet any compliance challenge these poisons. They said anyone who Mill and the jobs of its workers, I was that these or any other air quality rules tells you it is not technically achiev- on the side of Luke Mill. I contacted might generate (alone or in tandem)— able by real world boilers ‘‘doesn’t the Department of Commerce and rep- affordably, and well within any arbitrary know what they are talking about.’’ compliance time frame. resented Luke Mill before the Inter- Any small number of remaining technical This is not me speaking. I didn’t say national Trade Commission to make issues can be well addressed and resolved by that. This is what the American Boiler sure China and other countries had to stakeholders and EPA during the new, cur- Manufacturers Association said. play by the rules in trade. As a result, So everywhere we look, when it rently on-going 60-day public review and we saved the jobs of American workers comment period provided by EPA’s Decem- comes to this vote, it says: Vote no, who were threatened by an uneven ber 2011 Reconsideration proposals. At this vote no, vote no. At a minimum, we point in time and after more than a decade trade playing field. should do no harm to our people’s When the management at Luke Mill of information gathering, proposal, and de- health. We have it in our hands now to bate, there is no reason for Congressional called me about EPA’s Boiler MACT intervention or for Congressionally-man- stop a permanent rollback not just of rule, I took their concerns to the high- dated delay in the existing, on-going rule- the rule—that is a delay—but a perma- est levels of EPA. Luke Mill told me making process. Besides fostering continued nent rollback of standards for the most that the regulations were too expensive unreasonable uncertainty, additional delay poisonous pollutants there are: chro- to implement companies needed more at this point will only serve as a disincentive mium, arsenic, mercury, lead, benzene, time to comply and EPA needed to use to stakeholders to promptly address remain- toxic soot. I would say all the argu- ing issues. accurate data to set emissions stand- Therefore, with over 100 small-business do- ments we have heard do not hold ards. mestic manufacturer and supplier members, water. I heard these concerns and took them the American Boiler Manufacturers Associa- In closing, let me say this: The polls directly to EPA Administrator Lisa tion (ABMA)—the companies that actually on this are as clear as they can be. The Jackson. Here is what we accom- design, manufacture and supply the commer- people want us to get out of the way plished: No. 1, EPA produced more tar- cial, institutional, industrial boilers and and allow the Environmental Protec- geted emissions limits under the regu- combustion equipment in question—strongly tion Agency to do its work. Lisa Jack- lation; No. 2, EPA reduced the cost of urges you to oppose S. 1392 and H.R. 2250, the son is not a radical person. She is one EPA Regulatory Relief Act of 2011—or any compliance for businesses by 50 per- similar legislation—and to resist adding the of the most—how can I say—she is a cent; and No. 3, companies could have language of either as part of any payroll tax coalition-building type of person. She as much as 4 years to comply. holiday extension, tax-extender or as part of is someone who reaches out. When Sen- EPA’s compromise rule is not per- any appropriations bills coming before the ator WYDEN called her and said he was fect, but it is significantly better than Senate this year We encourage you to let the very upset about the way this rule was the first draft. From the day I heard existing rulemaking process within EPA as going, she sat down with him and, I about EPA’s Boiler MACT rule, my pri- envisioned by the December-proposed Recon- think, rose to the occasion. When other orities have been the same. I am fight- sideration Rules go forward without Con- gressional interference. Senators met with her—and I was in ing to protect the jobs in western Further delays in the rulemaking process— the room with several—she said: We Maryland, and I am working with EPA as mandated by S. 1392 and H.R. 2250—will can deal with your problems. to reach a compromise that gives flexi- not result in improved rules or insulate the So let’s vote no. This rollback of the bility to businesses to comply without rules from future litigation; further delay of Clean Air Act standards for the most abandoning my environmental prin- 15 or more months only means continued un- poisonous pollutants doesn’t belong on ciples. But I also will not abandon certainty and will yield no new jobs, no eco- this bill. There is no way it belongs on western Maryland or the jobs that de- nomic growth, no cleaner air or any more af- this bill. That is No. 1. fordable ultimate compliance options than pend on Luke Mill’s viability. are now feasible and readily available from No. 2, it is opposed by every health I will continue to fight for American existing sources. entity we know. It is opposed by our jobs and the viability of American The types of clean, efficient, fuel-flexible, local county health officials and city business. affordable and technologically-advanced health officials. I would say to my col- I yield the floor. products and equipment that can be supplied leagues, when we look at the polls, it is The PRESIDING OFFICER (Mrs. by the U.S. boiler manufacturing industry opposed by 70 percent of the American HAGAN). The Senator from Oklahoma. are critically important for long-term public people. That is the last poll I saw. They AMENDMENT NO. 1738 health, environmental quality and business stability. want to be able to breathe clean air. Mr. COBURN. Madam President, I Don’t let the Preoccupation by some with They know their people suffer when the ask that the pending amendment be set the inadequacies of past rulemaking efforts air is filled with soot, and particularly aside to call up amendment No. 1738.

VerDate Mar 15 2010 01:58 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.004 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1512 CONGRESSIONAL RECORD — SENATE March 8, 2012 The PRESIDING OFFICER. Without ments has been secured, finally, after 2 government. It does not question the objection, it is so ordered. weeks of negotiation. motivation. It does not even question The clerk will report. Where are we as a country? I think it whether it is our authority. But it The bill clerk read as follows: is interesting to look back from fiscal says: Let’s do this. The Senator from Oklahoma [Mr. COBURN] years 2011 to 2001. In 2001 the total bill The Senate voted 64 to 36 when this proposes an amendment numbered 1738. for the Federal Government was $1.86 was brought up in April of last year— Mr. COBURN. I ask unanimous con- trillion. It is now almost $3.61 trillion. the same amendment. They thought it sent that the reading of the amend- In 2001 we had a surplus. Now we have was a good idea. The reason they voted ment be dispensed with. a $1.3 trillion to $1.6 trillion deficit for it was because it was fresh on their The PRESIDING OFFICER. Without coming into this year. I think the minds, what the GAO had told us. objection, it is so ordered. American people would like to see us Let’s take some others. The amendment is as follows: do something about that. Yet, at every The Surface Transportation Pro- (Purpose: To prevent the creation of duplica- turn, on every occasion, we have not gram. Here we have the highway bill. tive and overlapping Federal programs) risen to the challenge of creating an They did, thankfully, eliminate a few At the appropriate place, insert the fol- environment where jobs can flourish. programs. We still are going to have lowing: One of the reasons is the Federal Gov- 100 programs involved in surface trans- SEC. ll. CONSOLIDATING UNNECESSARY DUPLI- ernment is squeezing the jobs out of portation even when this highway bill CATIVE AND OVERLAPPING GOV- the economy by taking such a large is completed. We did not do what we ERNMENT PROGRAMS. segment of them. needed to do. We can do better and we Notwithstanding any other provision of This amendment is very straight- can save money. Even if the same law and not later than 150 days after the date forward and very simple. The GAO, amount of money gets out to the of enactment of this Act, the Director of the Office of Management and Budget shall co- through two reports now—one released American public, the administrative ordinate with the heads of the relevant de- just this last month and a second in a cost will shrink dramatically. partment and agencies to— series of three which will become an- Private sector green buildings. We (1) use available administrative authority nual—has told Congress where the have 94 separate programs, 16 different to eliminate, consolidate, or streamline Gov- problems are. The problems are in con- agencies to incentivize green buildings, ernment programs and agencies with dupli- tinuing to do the same thing in mul- and not one of them has ever been test- cative and overlapping missions identified in tiple programs and multiple agencies. ed to see if it has an effect, whether it the— They have outlined billions, hundreds is positive, whether it is efficient, (A) March 2011 Government Accountability whether it is effective—not one. Never. Office report to Congress entitled ‘‘Opportu- of billions—I can calculate at least $100 nities to Reduce Potential Duplication in billion worth of duplication that they Why would we have 94 separate pro- Government Programs, Save Tax Dollars, have outlined and said we didn’t do grams for green buildings? and Enhance Revenue’’ (GAO–11–318SP); and anything about it last year when they We have 88 different economic devel- (B) February 2012 Government Account- gave us the first report. Now they are opment programs. Why? Nobody can ability Office report to Congress entitled giving us another report that has prob- answer the question ‘‘Why?’’ As a mat- ‘‘2012 Annual Report: Opportunities to Re- ably another $30 billion or $40 billion ter of fact, 2 months ago, I offered an duce Potential Duplication in Government worth of savings for the American peo- amendment on this floor that asked of Programs, Save Tax Dollars, and Enhance us to have the CRS tell us before we Revenue’’ (GAO–12–342SP); ple because of duplication. (2) identify and report to Congress any leg- So this amendment asks—it is very pass a new bill whether we are adding islative changes required to further elimi- straightforward—it asks OMB to look another duplicative program. Because nate, consolidate, or streamline Government at the GAO reports and give rec- that was a rule change, it required 67 programs and agencies with duplicative and ommendations to us on what they votes, and 40 of my colleagues on the overlapping missions identified in the— would recommend that allows the exec- other side of the aisle said: We do not (A) March 2011 Government Accountability utive branch to participate in terms of want to know whether we are creating Office report to Congress entitled ‘‘Opportu- $10 billion worth of savings this year another duplicative program, so it only nities to Reduce Potential Duplication in on duplication. got 60 votes. It required 67 and, there- Government Programs, Save Tax Dollars, Why is that possible? Here is why it and Enhance Revenue’’ (GAO–11–318SP); and fore, we are not doing it. (B) February 2012 Government Account- is possible. And this is just a small So we are going to ignore the brains, ability Office report to Congress entitled sample of what GAO has told us. We we are going to ignore the knowledge, ‘‘2012 Annual Report: Opportunities to Re- have 209 different programs spending $4 and we are going to continue to duce Potential Duplication in Government billion through eight different agencies produce and create duplicate programs. Programs, Save Tax Dollars, and Enhance to encourage science, technology, engi- Teacher quality. This is one of my fa- Revenue’’ (GAO–12–342SP); neering, and math education in the vorites. We have 82 separate teacher (3) determine the total cost savings that United States. Can anybody in this training programs run by the Federal shall result to each agency, office, and de- body defend the fact that we have 209 Government, not for Federal teachers, partment from the actions described in para- graph (1); and different programs? No. Nobody will for State teachers. (4) rescind from the appropriate accounts even stand and defend it. Eighty-two separate programs, and and apply the savings towards deficit reduc- So we ought to be able to—there is not one of them has been tested to see tion the amount greater of— nothing wrong with us wanting to en- if it is effective or efficient, whether it (A) $10,000,000,000; or courage that, incentivize that, help has value, whether we actually get (B) the total amount of cost savings esti- create that, because we know that is anything out of it, whether there is mated by paragraph (3). for a higher powered workforce in the some teacher improvement coming out Mr. COBURN. Madam President, the future. But 209 programs? Why of it—and that is run from seven dif- CBO just announced this morning that wouldn’t we streamline it? ferent agencies. February was the largest deficit month We have 200 separate crime preven- First of all, why would you have any in this country. We have run $690 bil- tion programs. As a matter of fact, the teacher programs other than at the De- lion worth of deficits through the first GAO said you have enough duplication partment of Education? Yet we have 82. 41⁄2 months of this fiscal year. We will just in the Department of Justice pro- Nobody can tell me why. Nobody will have a $1.6 trillion deficit. grams—they spent $30 billion over the stand on the floor and defend the fact This amendment the Senate has last 91⁄2 years—that if you would elimi- that we have 82. Because they realize it voted on before passed with 64 votes nate that duplication, you would find is the height of stupidity. It is stupid the last time it was voted on. It is a billions to save. to do multiple programs in multiple di- very simple, straightforward amend- How do you get rid of a $1.6 trillion rections and waste the overhead. We ment. deficit? The way you get rid of it is a are not talking about not sending Before I get into the details of this million here, a billion there, $10 billion money. amendment—we need a highway bill. here, $15 billion there, a billion here. We have 47 job training programs. We Everybody agrees with that. This is the What this amendment would do is save are in the midst of releasing a report Senate, and the right to offer amend- us $10 billion this year through smart on all the job training programs as to

VerDate Mar 15 2010 01:58 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.029 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1513 how they affect Oklahoma, and I will Mr. MCCAIN. Madam President, propriate, to ensure their implementa- tell you it is not a pretty picture. today I come to the floor to speak in tion. There is so much waste, so much in- support of Coburn amendment, No. The Federal Government wastes bil- effectiveness through those 47 different 1738, which I cosponsor. This common lions a year on programs with duplica- job training programs. We are spending sense amendment would require the Of- tive and overlapping missions. Con- $19 billion of Americans’ money every fice of Management and Budget— gress and the administration must en- year and we are not getting a billion OMB—and the executive branch agen- sure that the findings in the two GAO dollars’ worth of benefit out of it. But cies to reduce at least $10 billion by reports do not go to waste. Congress nobody wants to do the hard work, no- eliminating, consolidating, or stream- should insist that they are imple- body wants to stand and defend those lining government programs and agen- mented to reduce spending and elimi- 47 job training programs, but nobody cies with duplicative and overlapping nate duplicative and failing programs. wants to eliminate them either. missions. I urge my colleagues to support the We have a real problem. This is a Thankfully, the Government Ac- Coburn’s amendment No. 1738. first step, a first amendment, where we countability Office—GAO—has given I yield the floor. can make this bill—by the way, we are Congress and the administration a The PRESIDING OFFICER. The Sen- having trouble paying for the highway blueprint to reduce duplication and ator from Oregon. bill. We are going to pay for it—2 eliminate failing programs by releasing AMENDMENT NO. 1660 years’ worth of highway spending— two detailed reports that highlight 132 Mr. WYDEN. Madam President, we with 10 years’ worth of reductions. This areas within the Federal Government had a discussion, a very important dis- amendment alone, if we pass it, will that are duplicative and if consolidated cussion—I know the Presiding Officer pay for the highway bill differential be- could save billions. With our Nation cares a great deal about this topic, as tween the trust fund and what the EPW facing a $15.4 trillion debt, eliminating well as Senator COLLINS and also Sen- Committee says we ought to be spend- inefficiency and waste in the Federal ator BOXER—on this issue about boil- ing on highways—this amendment Government to save taxpayer dollars is ers. I want to be clear about what is at alone. absolutely imperative and the Amer- issue in this debate. So when somebody comes down and ican people expect us to do so. The debate about boilers stems from says they are not going to vote for us In the most recent report issued by the fact that the EPA did not origi- to eliminate duplication, you have to GAO on February 28, 2012, they identi- nally get the boiler rules right. The ask why. Why is it we would not want fied 32 areas of duplication, overlap and agency admitted they did not get them to eliminate duplication? Why is it we fragmentation throughout the Federal right, and the agency said they needed would not want to become efficient and Government, as well as 19 additional 15 months to fix the boiler rules. But effective in terms of how we spend not areas of cost-saving and revenue-en- the courts said the agency could not our money but our children’s money? hancement opportunities in Federal have the time. They said that EPA Because 40 cents—38 cents this year—of programs, agencies, offices and initia- could have 30 days to fix the rules. every $1 we spend we are tacking on to tives. Of the 32 areas highlighted in the As colleagues have said, this debate a decreased standard of living for our report, GAO identifies 10 dealing spe- has gone on for so long there is no way children in everything we do. cifically with the Department of De- it is going to be turned around in 30 So tell me why somebody would not fense, which include Electronic War- days. So I joined in the legislation to want to get rid of some of the duplica- fare programs, Unmanned Aircraft Sys- give the EPA 15 months to rewrite the tion, would not want to do the com- tems, Counter-Improvised Explosive rules so as to protect good-paying jobs monsense thing that every one of the Device Efforts, Defense Language and and communities that are affected by rest of us in our own personal lives Culture Training, Stabilization, Recon- the boiler rules, while ensuring the does, all our State governments do, all struction, and Humanitarian Assist- health of our people and the protection our personal businesses and all our ance Efforts, Health Research Funding, of our environment. public companies are doing: doing more Military and Veterans Health Care, In- That was 15 months ago. EPA got the with less every year? The easiest way formation Technology Investment time it said it needed to rewrite the to do that is to consolidate and elimi- Management, Space Launch Contract rules, and the new final rules will be nate duplication. Costs, and Science, Technology, Engi- out within 90 days. I wish to outline for So when you see the vote today, if it neering, and Mathematics Education— the Senate what the new rules will do. does not get 60 votes, what should the STEM. First, the new rules, as proposed in American people learn from that? Here In addition to the 10 defense areas the legislation, change what con- is what they should learn: It is not mentioned above, GAO also highlights stitutes solid waste so that boiler fuels, about gridlock. It is not about par- 6 areas where the Defense Department for example, that are wood waste can tisanship. It is about incompetence and could reduce its operating costs or in- be used for fuels such as biomass; and a lack of thoughtful consideration for crease revenue collections for the waste from steel mills, as another ex- the people who will follow us. This is Treasury. ample, can be used as a fuel, as they easy stuff to do. We have hard stuff we With new, emerging threats to na- are today, rather than to be regulated have to do in our country. We are going tional security arising every day, the out of existence as a fuel source. to be making tons of hard decisions funding needed to support major de- Second, as proposed in the legisla- over the next 2 or 3 years. Everyone in fense priorities is declining. For this tion, the new rules will create an open- this body knows it. They will keep reason, in my view, the Department to-the-public list of what can and can- kicking the can down the road, hoping must implement each of GAO’s rec- not be burned in a boiler. This is going they do not have to be involved with ommendations in this report. Also, im- to provide important predictability and the very tough decisions we are going plementing these recommendations certainty to American industry, and it to have to make. This is the easy one. may reduce the need for ‘‘cata- will provide new accountability to our This is easy. strophic’’ defense cuts required under communities. All across the United I would ask my colleagues to con- ‘‘sequestration’’—precipitated by Con- States, folks are going to be able to sider this. If you voted for it in April of gress’ failure to enact $1.2 trillion in know, as a result of these new rules, 2011, I would appreciate your vote deficit reduction under the Budget what can and cannot be actually again. If you do not vote for it, I would Control Act of 2011. burned in a boiler. ask you to reconsider why you are I intend to send a letter to Secretary Third, again, just like the legisla- here. Are you here to perpetuate of Defense Panetta asking him to tell tion, the rules address the fact that be- waste? Are you here to perpetuate in- me how the Department plans to ad- cause EPA was unable to get the rules competence? Are you here to protect dress these vitally important rec- right at the outset, more time is need- some constituency’s little small pro- ommendations. I will continue to mon- ed for compliance. gram that does not work yet wastes itor the Department’s implementation I know the distinguished Presiding your children’s future? This is an easy efforts and will take necessary steps, Officer has been interested in this issue amendment to vote for. including legislative action where ap- as well: the question of compliance and

VerDate Mar 15 2010 01:58 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.031 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1514 CONGRESSIONAL RECORD — SENATE March 8, 2012 the time that would be provided for in- The changes I have described—the in the definition of solid waste that is dustries to meet the standards. fact that we have made the rules so important. A whole host of mate- In the final rule, the compliance changes so that so many of these mate- rials have been added to that list of clock is reset with a rule providing ad- rials will be treated as fuels, which is fuels. That means we can protect the ditional time for industry to comply. important in timber country that I and jobs that stem from countries that This is like what was in the original the distinguished Presiding Officer rep- use—the products that use these mate- legislation. So industry will have 4 resent; the fact that we have this new rials and at the same time protect the years to comply, and Administrator process that provides predictability environment. Jackson stated in writing that she will and certainty about what can be So this makes sense from the stand- assist any hard-hit community, any burned in a boiler; the fact that there point of a realistic rule on what con- company facing extra duress in terms is the additional time—all of this, in stitutes a fuel, openness and trans- of complying. Administrator Jackson my view, has been spurred by the legis- parency, because the American people has indicated on a case-by-case basis lation introduced by the Senator from will see what actually can be burned in she will provide additional time to help Maine, Ms. COLLINS. We ought to make a boiler. To me—and Senator BOXER those communities and to help those no mistake about it. The important has touched on this question of the companies. rules changes I have outlined this years that have already gone into this Madam President, I ask unanimous morning that I think are going to pro- effort—Administrator Jackson, in my consent that the Administrator’s letter vide certainty and predictability to our view, has gone to substantial lengths to me be printed in the RECORD. businesses—while at the same time to address this timetable that industry There being no objection, the mate- protecting the health of our people, the has been so concerned about. rial was ordered to be printed in the environment of our country—have been In fact, I think it is fair to say that when I add what she has committed to, RECORD, as follows: spurred because Senator COLLINS was it is almost the same timetable as in UNITED STATES ENVIRONMENTAL willing to pick up the challenge and ad- PROTECTION AGENCY, dress this issue. her original legislation. So why in the Washington, DC, March 5, 2012. These new rules are going to finally world would we want to set aside those Hon. RON WYDEN, take effect in less than 90 days. But the rules and go back again to the period of U.S. Senate, question I would ask Senators is, who starting a new 15-month clock, only to Washington, DC. see, in my view, that after those addi- DEAR SENATOR WYDEN: Thank you for your knows what will happen to these im- portant rules that are just about ready tional 15 months, we would be back to continuing interest in the air toxics stand- the place we are today, in terms of the ards for boilers. We are currently in the for implementation if, in effect, we process of developing final standards and re- say, as the amendment does, let’s go rules that will be shortly implemented. I urge the Senate to reject the sponding to additional, useful information back to the beginning and talk about amendment. We are going to continue we received during the public comment pe- addressing this again over 15 months? riod on the reconsidered standards we pro- If the amendment passes, and the to watchdog this issue until these rules posed last December. We intend to finalize EPA is told—as I have been advised are fully implemented. the standards this spring. In the proposal, I yield the floor. EPA proposed to ‘‘reset’’ the three year com- under the text of the amendment—to The PRESIDING OFFICER. The Sen- pliance clock to give entities the full take another 15 months, in my view, ator from California. amount of time available under the Clean what would happen is, the agency Mrs. BOXER. Madam President, I am Air Act upon finalization of the rule, and, would go back to spending this addi- very happy to see we are making subject to the formal rulemaking process, tional time working to try to get to progress. I still continue to believe expects to do so in the final rule. The Act the point where we are today. that these controversial amendments also gives state and local permitting au- That, in my view, just does not add thorities the ability to provide up to a one- did not have to be on this bill. But hav- up. It does not add up for the industries ing said that, we have our agreement. year extension of that deadline, on a case-by- that have been concerned about this. It case basis, as necessary, for the installation So our understanding is, I want for all of controls. does not add up for the communities. It Senators to say our hope is to begin While EPA believes facilities can meet does not add up for the health of our voting sometime around the 2 to 2:30 compliance requirements within the four people and the protection of our envi- timeframe and to do a great number of years described above, I commit to you that ronment. votes at that time, maybe as many as EPA will handle each situation on a case-by- Let me close with this. Having been 8, 9, 10 votes. case basis, and work with facilities to deter- involved in the legislation, No. 1, hav- We are waiting for people to come to mine the appropriate response and resolu- ing tried to make clear this afternoon tion. We have authority available to us to re- the floor to speak on different amend- that these important rules, in my view, ments. We expect that Senator HOEVEN solve concerns that might arise at individual have been spurred by the legislation facilities as long as appropriate and timely will be here shortly to call up amend- steps are being taken towards compliance. Senator COLLINS has talked about, I ment No. 1537. We urge him to do that. Additionally, as required by the Clean Air wished to state that I intend, and I Senator MERKLEY wants to speak on Act, we proposed and will finalize air toxic know others in the Senate will do as the underlying bill. Senator CORKER standards for boilers based on real-life data well, to watchdog the rules that will be wants to speak for 10 minutes at ap- that industry has provided to us about the out shortly every step of the way to en- proximately 12:45. Senator INOUYE level of emissions from their facilities. As sure that they are fully implemented, would like to address us for 10 minutes EPA reviews the public comments and data to hold the Environmental Protection as we finalize these standards, we will pay about one. Senator LAUTENBERG wants close attention to their achievability. We in- Agency to the commitments that have to speak about the environmental tend to set standards that can be met by been made in these rules that are amendments about 1:15, and Senator plants operating in the real world. forthcoming, and to ensure that all our LANDRIEU wants to talk about a num- Again, thank you for your continued at- communities—all our communities— ber of things but particularly the RE- tention to this matter. It is important to en- can see that finally this issue is being STORE Act, I would assume, at 1:15. sure that we achieve these key public health addressed and it is being addressed in a Senator SANDERS wants to speak on standards in a way that is sensitive to legiti- way that makes sense for the jobs we the issue of Keystone. Senator DURBIN mate needs of business interests. If you have are going to need in our communities also has some comments he wanted to additional questions, please feel free to con- tact me or have your staff contact Arvin and to the public health and the envi- make. Ganesan, Associate Administrator for Con- ronment. So I would urge colleagues, if you gressional and Intergovernmental Relations I hope colleagues will look finally at wish to speak before we start voting, at (202) 564–5200. the letter Administrator Jackson has now would be a very good time. We Sincerely, sent me. I think it addresses, in par- hope you will come over here. We are LISA P. JACKSON. ticular, the timetable so many Sen- making progress. This has been a very Mr. WYDEN. I want to address the ators have been concerned about. I convoluted process, a very difficult discussion we heard from our col- have tried to outline some of the other process to satisfy everyone. Of course, leagues, particularly Senator COLLINS issues that I think are critical, particu- we cannot satisfy everyone. But Sen- and Senator BOXER, on the key point. larly the fact that we have the changes ator INHOFE and I, when we wrote the

VerDate Mar 15 2010 01:58 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.032 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1515 bill originally, knew he would not get der facilities described in subsection (a)(1) the Secretary of State receives a route for everything he wanted and I certainly and the related facilities in the United the project in the State of Nebraska that is would not get what I wanted. We had to States described in the application filed with identified by the State of Nebraska. find those sweet spots where we could the Department of State on September 19, (3) RECEIPT.—On the date of receipt of the 2008 (as supplemented and amended). route described in paragraph (1) by the Sec- come together. That is what happened. (2) PERMITS.—Any Federal permit or au- retary of State, the route for the project The other committees did a wonderful thorization issued before the date of enact- within the State of Nebraska under this sec- job in doing the same: The Banking ment of this Act for the cross-border facili- tion shall supersede the route for the project Committee, unanimous in their part of ties described in subsection (a)(1), and the re- in the State specified in the application filed this bill; Commerce had some bumps, lated facilities in the United States de- with the Department of State on September but they resolved those bumps in the scribed in the application filed with the De- 19, 2008 (including supplements and amend- road and now they are bipartisan; Fi- partment of State on September 19, 2008 (as ments). supplemented and amended), shall remain in nance Committee, that is a tough one. (4) COOPERATION.—Not later than 30 days effect. after the date on which the State of Ne- They had to raise funds to put into the (c) CONDITIONS.—In constructing, con- braska submits a request to the Secretary of trust fund. The trust fund needs some necting, operating, and maintaining the State or any appropriate Federal official, the more dollars in it. cross-border facilities described in sub- Secretary of State or Federal official shall I see Senator HOEVEN is here. I am so section (a)(1) and related facilities in the provide assistance that is consistent with delighted that he is here to lay down United States described in the application the law of the State of Nebraska. filed with the Department of State on Sep- his amendment. (e) ADMINISTRATION.— tember 19, 2008 (as supplemented and amend- (1) IN GENERAL.—Any action taken to carry I yield the floor. ed), TransCanada Keystone Pipeline, L.P. The PRESIDING OFFICER. The Sen- out this section (including the modification shall comply with the following conditions: of any route under subsection (d)) shall not ator from North Dakota. (1) TransCanada Keystone Pipeline, L.P. constitute a major Federal action under the AMENDMENT NO. 1537 shall comply with all applicable Federal and National Environmental Policy Act of 1969 Mr. HOEVEN. Madam President, I State laws (including regulations) and all ap- (42 U.S.C. 4321 et seq.). plicable industrial codes regarding the con- (2) STATE SITING AUTHORITY.—Nothing in am waiting for my associate who has struction, connection, operation, and main- this section alters any provision of State law some charts, but I certainly can pro- tenance of the facilities. relating to the siting of pipelines. ceed at this point. I am here to speak (2) Except as provided in subsection (a)(2), (3) PRIVATE PROPERTY.—Nothing in this TransCanada Keystone Pipeline, L.P. shall in regard to my amendment No. 1537, section alters any Federal, State, or local comply with all requisite permits from Cana- which is at the desk. I ask unanimous process or condition in effect on the date of dian authorities and applicable Federal, consent that it be reported by number. enactment of this Act that is necessary to State, and local government agencies in the The PRESIDING OFFICER. The secure access from an owner of private prop- United States. erty to construct the project. clerk will report. (3) TransCanada Keystone Pipeline, L.P. (f) FEDERAL JUDICIAL REVIEW.—The cross- The legislative clerk read as follows: shall take all appropriate measures to pre- border facilities described in subsection The Senator from North Dakota [Mr. vent or mitigate any adverse environmental (a)(1), and the related facilities in the United HOEVEN], for himself, Mr. LUGAR, Mr. VIT- impact or disruption of historic properties in States described in the application filed with TER, Mr. MCCONNELL, Mr. JOHANNS, and Mr. connection with the construction, connec- the Department of State on September 19, HATCH, proposes an amendment numbered tion, operation, and maintenance of the fa- 2008 (as supplemented and amended), that are 1537. cilities. approved by this section, and any permit, (4) The construction, connection, oper- The amendment is as follows: right-of-way, or other action taken to con- ation, and maintenance of the facilities shall struct or complete the project pursuant to (Purpose: To approve the Keystone XL pipe- be— Federal law, shall only be subject to judicial line project and provide for environmental (A) in all material respects, similar to that review on direct appeal to the United States protection and government oversight) described in— Court of Appeals for the District of Columbia On page 469, after line 22, add the fol- (i) the application filed with the Depart- Circuit. lowing: ment of State on September 19, 2008 (as sup- SEC. ll. APPROVAL OF KEYSTONE XL PIPELINE plemented and amended); and Mr. HOEVEN. This is an amendment PROJECT. (ii) the final environmental impact state- that would provide for approval of the (a) APPROVAL OF CROSS-BORDER FACILI- ment described in subsection (b)(1); and Keystone Pipeline project. Congress TIES.— (B) carried out in accordance with— has, under the commerce clause of the (1) IN GENERAL.—In accordance with sec- (i) the construction, mitigation, and rec- Constitution, express authority to reg- tion 8 of article 1 of the Constitution (dele- lamation measures agreed to for the project ulate commerce with foreign countries. gating to Congress the power to regulate in the construction mitigation and reclama- commerce with foreign nations), Trans- tion plan contained in appendix B of the That provides the very clear constitu- Canada Keystone Pipeline, L.P. is authorized final environmental impact statement de- tional authority for Congress to ap- to construct, connect, operate, and maintain scribed in subsection (b)(1); prove the Keystone Pipeline project. pipeline facilities, subject to subsection (c), (ii) the special conditions agreed to be- That is something we absolutely need for the import of crude oil and other hydro- tween the owners and operators of the to do. carbons at the United States-Canada Border project and the Administrator of the Pipe- Today there will be a very clear at Phillips County, Montana, in accordance line and Hazardous Materials Safety Admin- choice. There will be a very clear with the application filed with the Depart- istration of the Department of Transpor- choice for the Members of the Senate. ment of State on September 19, 2008 (as sup- tation, as contained in appendix U of the Make no mistake, I do not want to plemented and amended). final environmental impact statement; (2) PERMIT.—Notwithstanding any other (iii) the measures identified in appendix H leave any doubt. This is a clear choice. provision of law, no permit pursuant to Ex- of the final environmental impact state- My amendment provides that the Key- ecutive Order 13337 (3 U.S.C. 301 note) or any ment, if the modified route submitted by the stone Pipeline project will move for- other similar Executive Order regulating State of Nebraska to the Secretary of State ward, authorized by Congress. It is very construction, connection, operation, or crosses the Sand Hills region; and clear that all the protections, all the maintenance of facilities at the borders of (iv) the stipulations identified in appendix environmental protections are incor- the United States, and no additional envi- S of the final environmental impact state- porated, as has been provided over 31⁄2 ronmental impact statement, shall be re- ment. years—31⁄2 years this project has been quired for TransCanada Keystone Pipeline, (d) ROUTE IN NEBRASKA.— L.P. to construct, connect, operate, and (1) IN GENERAL.—Any route and construc- under review by the EPA, by the De- maintain the facilities described in para- tion, mitigation, and reclamation measures partment of State, by this administra- graph (1). for the project in the State of Nebraska that tion. They have gone through not one (b) CONSTRUCTION AND OPERATION OF KEY- is identified by the State of Nebraska and but two environmental impact state- STONE XL PIPELINE IN UNITED STATES.— submitted to the Secretary of State under ment processes. (1) IN GENERAL.—The final environmental this section is considered sufficient for the They have met all the environmental impact statement issued by the Department purposes of this section. requirements. Our legislation incor- of State on August 26, 2011, shall be consid- (2) PROHIBITION.—Construction of the fa- porates all that and in addition pro- ered to satisfy all requirements of the Na- cilities in the United States described in the tional Environmental Policy Act of 1969 (42 application filed with the Department of vides whatever time is necessary for re- U.S.C. 4321 et seq.) and any other provision of State on September 19, 2008 (as supplemented routing the pipeline through the State law that requires Federal agency consulta- and amended), shall not commence in the of Nebraska. Here is a schematic of the tion or review with respect to the cross-bor- State of Nebraska until the date on which project. The one issue in terms of the

VerDate Mar 15 2010 01:58 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.035 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1516 CONGRESSIONAL RECORD — SENATE March 8, 2012 routing was through the State of Ne- fused about exactly what they are the United States; and it won’t help braska. This legislation provides what- doing, but they continue to block this with gas prices. For starters, let’s use ever time is necessary for the Nebraska project. So that means 830,000 barrels a some common sense on that one. I am Department of Environmental Quality day that we have to get from the Mid- pretty sure if we don’t build the pipe- to work with State, to work with EPA, dle East. Everybody knows what is line, it is for sure going to China. That and reroute the pipeline through the going on in the Middle East. They have is just flat-out common sense, for State of Nebraska. incredible turmoil. They have incred- starters. So my point is, we incorporate all ible tension in the Middle East. Iran Even beyond that, the Department of necessary environmental safeguards may close the Strait of Hormuz; they Energy for this administration did a into the project. But it authorizes that have threatened to do that. As a result, study in June of last year. In that the project, after 31⁄2 years, can go for- crude oil prices continue to go up and study, they said the oil will be used in ward. So I would like to talk for just a consumers continue to pay more at the this country, and it will—not ‘‘may’’ minute about why that is so important. pump. but ‘‘will’’—lower gas prices on the Because there is another amendment, So in the face of all that, in the face east coast, the gulf coast, and in the an alternative that has been presented of real hardship to working Americans, Midwest. I had Secretary Chu in front by Senator WYDEN. That amendment— the administration is saying no to this of me at one of our hearings, and he ac- let me be clear. That amendment will project. They are saying no to my knowledged that, in fact, that is what block this project. That amendment home State of North Dakota. They are the Department of Energy of this ad- will block this project. Let there be no saying no to Montana. They are say- ministration provided—that the prod- confusion. ing, no, we are not going to allow them uct will be used here, that we are going The Hoeven-Lugar-Vitter amendment to build this project that gets that to need more crude, and it will lower will advance the project. The amend- product to market and no to Canada, gas prices. Of course, that just stands ment that is being put forward by my saying we are not going to allow them to reason, doesn’t it? If we are import- esteemed colleague Senator WYDEN as to bring that oil into the United ing 30 percent of our oil from the Mid- a Democratic alternative, that will States, instead they are going to have dle East today, obviously, we are going block the project. This is a clear to send it to China and we are going to to continue to need crude from outside choice. Nobody should be confused. get oil from the Middle East and our our borders. Gas prices. This chart is a few days consumers are going to continue to pay Let’s go to the third argument I have old. So it is a little bit behind the higher prices. heard against the pipeline project, curve. But since this administration Again, make no mistake. This choice which is that Canada should not took office, gas prices have gone from today is a choice. It is a choice whether produce oil in the Canadian oil sands. $1.85 a gallon—more than doubled—to we vote for an amendment to move for- The reason: Greenhouse gas emissions $3.70 a gallon. This is a little bit old, so ward with this project or whether we are 6 percent higher than conventional, the national average is actually higher. vote for an amendment to block the and that the excavating process has a The last time I checked it was $3.76 a project. Again, there should be no con- negative impact on the boreal forest. gallon, going up. So it is probably high- fusion about that. Let’s deal with the real situation, the er than that today. That is from AAA. Why would the administration hold current situation. The current situa- The projections are that gasoline up this project? Why in the world, with tion is that 80 percent of the develop- prices will be $4 a gallon by Memorial gas prices we know going to $4, maybe ment in the Canadian oil sands is in Day and possibly more than $5 a gallon $5 a gallon, why in the world would situ—80 percent. What does that mean? later this summer. That means every anyone oppose the project? The oppo- That means drilling—not excavating American is paying that at the pump. nents have put forward three argu- but drilling—like we do in the United They are paying that at the pump. ments. So let’s go through them. Let’s States. So you have about the same That is affecting our American con- go through them and see if they hold footprint in gas emissions as conven- sumers. That is affecting our busi- water. Let’s see if they pass muster. tional drilling. Those arguments don’t nesses. That is affecting our economy. Let’s see if they make sense. hold muster. What is the administration doing The first argument is that somehow Here we are faced with a very clear about it? What is Congress doing about this pipeline is going to leak. choice. Do we go ahead and get oil from it? The Obama administration has said, Now here is the route. Somehow we our closest friends and trading partner, when it comes to energy, we are going will build this pipeline that is going to Canada, or say no to them and have to have an all-of-the-above strategy. I leak. But we built a sister project that them send it to China? Do we reduce agree with that. We should have an all- is working just fine. There have been our dependence on Middle Eastern oil of-the-above strategy. But the point is, no underground leaks in that project. and reduce the price of gas for hard- we cannot just say it. We have to do it. While building it, there were minimal working American consumers? How We cannot just say it. We have to do it. leaks as they put it together, and that about national security? Would you The administration, at this point, not was in the normal course of construc- rather rely on oil from the Middle East only are they just saying it and not tion. But there have been no other or from Canada? Would you rather doing it, they are, in fact, blocking it. ground leaks from this sister pipeline. have oil produced here, in North Da- I am giving you as clear an example as It is working fine. So why would this kota, Montana, and in Canada, or I can think of. I do not know how it one be a big concern about leaking? It would you rather get it from the Mid- could be any clearer that they are doesn’t make much sense. dle East? blocking energy development in our If you don’t buy that, just look at I know how Americans will answer country. this chart and the network of pipelines that question. I am looking forward to This pipeline project would bring in this country that carries oil and gas. seeing how the Senate answers that 830,000 barrels a day of crude oil to our There are thousands of pipelines, mil- question and how the administration country. That is more than 700,000 bar- lions of miles of pipeline right now op- answers that question. rels a day from Canada. That is more erating in this country right through Again, this is a clear choice. These than 100,000 barrels a day from my the very region through which the Key- amendments are clear. They are not home State of North Dakota and our stone XL Pipeline would pass. But similar. One is for the project; the sister State Montana—830,000 barrels a somehow this one is a problem and other is against the project. The day of product coming to our refin- these thousands are not? That is a rea- amendment that my esteemed col- eries. son to say no, after 31⁄2 years? Come on. league has put forward, the Democrat The administration has said no to That doesn’t pass anybody’s test, and alternative, will block the project. It this project. They continue to say no it doesn’t make any sense. says after 31⁄2 years of study, start over. to the project. They have approved this The second argument that has been After 31⁄2 years of studying this project, portion of it. That does not bring one put forward is that the crude oil will start over. single drop of product to our country. come from Canada, and it will be then What does that mean? Another 31⁄2 So I do not know. They are kind of con- exported to China; we won’t use it in years before we build it or another 5

VerDate Mar 15 2010 02:39 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.036 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1517 years? How long do we have to study thority forward so they can advance (1) IN GENERAL.—Subject to paragraphs (2) vital infrastructure projects before we the project, and vote against the through (4), the construction, connection, can build them? amendment offered as a Democratic al- operation, or maintenance of the Keystone Do you think that might be one of ternative, which will block the project. XL pipeline and facilities described in sub- the problems with our economy? Do section (a)(1) shall not be permitted unless The PRESIDING OFFICER. The Sen- all of the iron, steel, and manufactured you think that might be one of the ator from Oregon. goods used for the pipeline and facilities are problems with energy development? AMENDMENT NO. 1817 produced in the United States. That is where it starts, by saying: Mr. WYDEN. Madam President, I (2) NONAPPLICATION.—Paragraph (1) shall TransCanada, start over, after 31⁄2 have filed an alternative to the amend- not apply if the President or a delegate finds years. ment offered by my friend from North that— Then it adds additional impediments. (A) applying paragraph (1) would be incon- Dakota. I ask unanimous consent to sistent with the public interest; What are they? Well, it says, for start- call up amendment No. 1817. ers, none of the crude and none of the (B) iron, steel, and the applicable manufac- The PRESIDING OFFICER. The tured goods are not produced in the United refined product can be exported from clerk will report. States in sufficient and reasonably available this country—not one drop. We cannot The legislative clerk read as follows: quantities with a satisfactory quality; or export any of it. The reality is there The Senator from Oregon [Mr. WYDEN] pro- (C) inclusion of iron, steel, and manufac- are refined products that we don’t even poses an amendment numbered 1817. tured goods produced in the United States will increase the cost of the overall pipeline use in this country. You can’t. They The amendment is as follows: are some of the coking products, and so and facilities by more than 25 percent. on and so forth. There isn’t demand or (Purpose: To ensure the expeditious proc- (3) RATIONALE.—If the President or a dele- essing of Keystone XL permit applications we cannot use them. If the refineries gate determines that it is necessary to waive consistent with current law, prohibit the the application of paragraph (1) based on a cannot sell them, they have to recoup export of crude oil produced in Canada and finding under paragraph (2), the President or that revenue stream. How? When they transported by the Keystone XL pipeline delegate shall publish in the Federal Reg- sell gasoline and diesel in our country. and related facilities unless the prohibi- ister a detailed written justification for the That pushes gasoline prices higher tion is waived by the President, and re- waiver. when they are already going higher by quire the use of United States iron, steel, (4) INTERNATIONAL AGREEMENTS.—This sub- the day. Does that make sense to any- and manufactured goods in the construc- section shall be applied in a manner con- body? I don’t think so. tion of the Keystone XL pipeline and re- sistent with United States obligations under lated facilities with certain exceptions) Another impediment in the legisla- international agreements. tion is that not one penny of the inputs At the end of subtitle E of title I of divi- Mr. WYDEN. Madam President, I sion A, add the following: can come from outside the United yield the floor at this time. States, even though 75 percent of the SEC. ll. KEYSTONE XL PIPELINE. The PRESIDING OFFICER. The Sen- (a) ADMINISTRATION.— steel and 90 percent of all of the other ator from Tennessee is recognized. (1) IN GENERAL.—Except as otherwise spe- Mr. CORKER. Madam President, I materials in this multibillion-dollar cifically provided in this section, nothing in project, paid for by private enterprise— rise to speak about the highway bill. I this section affects any applicable Federal want to start by first thanking the 75 percent of the steel and 90 percent of requirements in connection with the Key- chairmen and ranking members of the the other inputs come from North stone XL pipeline (including facilities for the EPW Committee, the Commerce Com- America. But that is not good enough. import of crude oil and other hydrocarbons mittee, and the Banking Committee, We are going to say every single penny at the United States-Canada Border at Phil- all of whom worked to put in place of the inputs has to be bought in the lips County, Montana). (2) EXPEDITIOUS ANALYSES AND PERMIT DECI- some reforms this bill reflects. There is United States. Of course, the compa- SIONS.—In evaluating any new permit appli- a component of this bill, though, where nies cannot do that because they have cations that may be submitted related to the work has not been done in a satisfac- already bought a lot of the steel and Keystone XL pipeline and facilities described tory manner, and that is actually pay- other materials. It is just a way to in paragraph (1) or in carrying out the ac- ing for this bill. block the project. tivities described in this section, the Presi- The Senator from North Carolina, dent or a designee of the President shall— Think about that absurd level of pro- who is in the chair, has been involved tectionism. Are we really going to (A) act as expeditiously as practicable and, to the maximum extent practicable and con- in many discussions about deficit re- grow our economy, create a lot of good duction. We have had, ad nauseam, jobs with that kind of protectionism? sistent with current law, use existing anal- yses relating to those pipeline and facilities, meetings about how to get our spend- We cannot import anything and we including the environmental impact state- ing under control. Last year, after Er- cannot export anything, we are going ment issued by the Department of State re- skine Bowles, from her State, and Alan to grow and expand and diversify this garding the Keystone XL pipeline on August Simpson came together with the American economy and put people to 26, 2011; and Bowles-Simpson report, there was a work, and we are going to raise income (B) issue a decision on any permit applica- pretty big effort in this body to try to with that approach? I don’t think so. tion not later than 90 days after the date on which all analyses and other actions re- adopt the principles laid out therein. Again, I go back to where I started. As a matter of fact, 32 Republicans and We have a clear choice to make, a very quired by current law and applicable Execu- tive Orders are completed. 32 Democrats sent a letter to the Presi- clear choice. We can stand with the (b) PROHIBITION ON EXPORTS.— dent asking him to embrace those prin- people of America, stand with the (1) IN GENERAL.—Subject to paragraph (2), ciples. workers, with the families, with the no crude oil produced in Canada and trans- Later on there was another effort by small business, and we can work to ported by the Keystone XL pipeline or facili- a supercommittee that was put in grow our economy and create jobs, and ties described in subsection (a)(1), or petro- place. Numbers of people on both sides we can work to strengthen our national leum products derived from the crude oil, of the aisle wrote letters asking that security or we can choose to say: No, may be exported from the United States. this supercommittee do something out- we are going to continue to rely on oil (2) WAIVERS.—The President may grant a waiver from the application of paragraph (1) standing for our country and reduce from the Middle East. We are not going if the President— the deficit by $4 trillion, if possible. to increase supply, and we are not only (A) determines that the waiver is nec- My point is that there has been a lot going to turn down Canada, we are essary as the result of— of bipartisan effort toward reducing going to turn down our States such as (i) national security; or the deficit. Yet the only thing we have North Dakota and Montana and say we (ii) a natural or manmade disaster; or done thus far—the only thing that had would rather get that oil from the Mid- (B) makes an express finding that the ex- any meat on it at all was the Budget dle East. ports described in paragraph (1)— Control Act, which was passed on Au- Today we have a clear choice about (i) will not diminish the total quantity or gust 2. The Budget Control Act was building a better energy future for our quality of petroleum available in the United passed in a trade, if you will. At that States; and country, more jobs, and more security. (ii) are in the national interest of the time, the country’s debt was beyond I ask my colleagues to vote for the United States. the debt ceiling that was allowed by amendment I have put forward, to (c) USE OF UNITED STATES IRON, STEEL, AND law. So in order to raise the debt ceil- move the Keystone Pipeline project au- MANUFACTURED GOODS.— ing, there was an agreement reached by

VerDate Mar 15 2010 04:43 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.039 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1518 CONGRESSIONAL RECORD — SENATE March 8, 2012 this body to lower the amount of and outlays for fiscal year 2012 as set opening portion of the editorial, the spending that was going to take place out in the most recent budget resolu- Senator noted the solid bipartisan sup- over the next 2 years by an equal tion deemed by the Budget Control Act port in the Senate for a balanced ap- amount. of 2011; therefore, I raise a point of proach to real deficit reduction. This We passed on August 2 of last year order under section 311(a)2(a) of the balanced approach would include reve- the Budget Control Act. That act laid Congressional Budget Act of 1974. nues, mandatory spending, and discre- out specifically what we were supposed The PRESIDING OFFICER (Mrs. tionary spending. to do to be responsible in reducing our MCCASKILL). The Senator from Cali- I agree with the Senator that only a spending. Again, this is something that fornia. balanced approach would truly solve was passed in a very bipartisan way. Mrs. BOXER. Madam President, with our long-term challenges. Yet, in this As part of that process, because we great respect to my friend, and I appre- amendment, what do we find? Cuts. have not passed a budget in some time, ciate his opinion on this, this bill is Nothing but cuts to nondefense discre- there was a budget resolution—there paid for. It is paid for through the tionary spending. No revenues, no man- was a deeming process that was put highway trust fund, and it is paid for datory spending, just the same ap- into place as part of the Budget Con- through bipartisan work in the Fi- proach we have seen again and again trol Act. Chairman CONRAD laid that nance Committee, which has worked from our Republican colleagues—cut down right after the fact, and we are overtime to come up with a plan to en- discretionary now, and we will do other governed by that deemed resolution in sure this trust fund has enough in it to things at a time to be determined this body. support the work we need to do to fix later. Even the Ryan budget did noth- Unbelievably, we have this very pop- our bridges and our highways and to ing to Social Security or Medicare for ular program. The highway bill is support 1.8 million jobs and more than 10 years. But the cuts to discretionary something people on both sides of the 11,000 businesses out there, as well as spending and to Medicaid Programs aisle strongly support. I want to see a the real possibility of creating an addi- that save the lives of hundreds of thou- highway bill. I was the mayor of a city, tional 1 million jobs with an enhanced sands of elderly and children living in poverty took effect immediately, not and I understand and know how impor- program we call TIFIA, which in 10 years. And that is the approach of tant highway infrastructure and tran- leverages Federal funds. sit spending is to this country. Unbe- So, Madam President, with due re- this amendment. Clearly, there was an opportunity lievably, with a very highly supported spect but pursuant to section 904 of the here to present a balanced approach. bill, what this body is doing is already Congressional Budget Act of 1974, the The Senator could have proposed mod- violating the spending levels that were waiver provisions of applicable budget est cuts to spending, with increased deemed by virtue of the Budget Control resolutions, and section 4(g)(3) of the revenue and changes in the rules that Act passing and a budget resolution Statutory Pay-As-You-Go Act of 2010, I would lead to a fully funded highway that came thereafter. move to waive all applicable sections trust fund for years to come. But that What I say is that this body al- of those acts and applicable budget res- would require hard work and com- ready—7 months after this Nation, and olutions for purposes of the pending promise, and this amendment requires actually the world, watched as we amendment, and I ask for the yeas and neither. wrestled with our debt ceiling—they nays. Across-the-board cuts to discre- watched us pass the Budget Control The PRESIDING OFFICER. Is there a tionary spending are easy. This amend- Act. They knew it had a deeming proc- sufficient second? There is a sufficient ment is one page. Change one number, ess that took place, where a budget res- second. and that is it—we can all go home and olution was deemed. We are already in The yeas and nays are ordered. say what a great job we have done cut- violation of that. Mrs. BOXER. Madam President, I ting down. But the truth is, when it All I am doing is asking the Members yield the floor. comes time to implement these cuts, The PRESIDING OFFICER. The Sen- of this body—so many of us, in a bipar- agencies will be forced to look at re- ator from Hawaii. tisan way, have risen and said we have ductions in force, at deferring des- to do these things to get our spending AMENDMENT NO. 1785 perately needed maintenance and re- under control, to control deficits. So Mr. INOUYE. Madam President, the pairs, and if you were considering up- many of us took tremendous heat in amendment of the junior Senator from grading your technology to better voting for this debt ceiling that took Tennessee would lower the nondefense serve the American people, you can for- place last August. Yet to this body, in discretionary cap established in the get about it. Four percent is no small passing a very popular bill that we Budget Control Act by $20 billion in matter, coming on top of flat budgets would think would cause us to want to order to offset transfers from the gen- for the past 2 years and with no in- prioritize and say: OK, we do need to eral fund necessary to replenish the crease for inflation or population spend money on highways, so therefore highway trust fund. This amendment is growth. let’s spend less on something else, this a clear violation of the Budget Control As with so many amendments we is a very important piece of legislation. Act we agreed on less than a year ago. have seen this past year, nondefense I thank the chairman of the EPW Com- In simple terms, the amendment would spending is again targeted not because mittee for the reforms that have been impose a 4-percent cut to nondefense it is good policy but because it is an put in place and the way their com- discretionary spending in order to pay easy policy. As I have done on each of mittee worked in a bipartisan way. for a shortfall in mandatory spending. these past occasions, I once again urge These comments this morning have I wish to remind my colleagues that my colleagues to reject these unreason- nothing to do with the work the EPW discretionary spending will rise at a able and reckless cuts and to vote no Committee did. rate less than the rate of inflation over on the Corker amendment. The fact is, we are not paying for this the next decade, and that is according Madam President, if I may, I would piece of legislation in the appropriate to CBO. Mandatory spending, on the like to speak on another amendment. way, per the guidelines we laid down as other hand, is slated to rise at three AMENDMENT NO. 1738 a part of the process put in place by times the rate of inflation. Clearly, if Madam President, in September of the Budget Control Act. To me, that is there is a desire to offset one area of 2011, this Senate rejected an amend- absolutely irresponsible, especially mandatory spending, the place to find ment very similar to the one offered when you look at the spending levels such an offset should be on the very today by the junior Senator from Okla- that are above that deemed budget res- same mandatory side of the spending homa. At that time, Members saw this olution. So at this time I want to offer ledger. amendment as a backdoor attempt to a point of order. I know the chairman In an op-ed published in the Wash- remove more from discretionary ac- is back, and I have been filibustering ington Post yesterday, Senator CORKER counts than had been agreed through slightly until she got here. said that finding an offset for the high- the deficit reduction deal. Nothing has Madam President, the pending meas- way trust fund was a small step toward changed in the intervening 6 months, ure, S. 1813, as amended, will exceed fiscal responsibility and that we should and we should again reject this amend- the aggregate level of budget authority all support this amendment. But in the ment for the same reason: It violates

VerDate Mar 15 2010 02:39 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.040 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1519 the deficit reduction agreement deal we reached less than a year ago on fore, I urge a ‘‘no’’ vote on the Coburn reached last fall. spending cuts for fiscal year 2013. Un- amendment. Senator COBURN claims that the pur- derstanding that Senator COBURN Madam President, I yield the floor. pose of this amendment is to reduce doesn’t believe those cuts went deep The PRESIDING OFFICER. The Sen- duplicative programs. In reality, the enough into discretionary spending, I ator from California. amendment would require a $10 billion and many of my colleagues believe Mrs. BOXER. Madam President, I ask reduction in existing discretionary they went too far. But in the end, a unanimous consent that there be 2 caps regardless of whether there is ac- deal is a deal. We must honor the minutes equally divided prior to each tually $10 billion in discretionary sav- agreement reached by leadership and vote; that all after the first vote be 10- ings from consolidating duplicative signed into law by the President. Is it minute votes; that the Baucus amend- programs that can be identified only by really in the best interests of the ment relative to rural schools be listed the OMB. Further, the $10 billion figure American people or this institution to as No. 1825; further, that if a budget is completely arbitrary and almost cer- force vote after vote on discretionary point of order is raised against the un- tainly will not be reached. In fact, spending levels because one side did derlying bill and a motion to waive the there is no methodology or specificity not get everything they wanted in the budget point of order is made, I ask that verifies that there is, in fact, $10 Budget Control Act? unanimous consent that the vote on billion in discretionary savings to be Clearly, the duplicate programs tar- the motion to waive occur today with- found. geted in this amendment are merely in the sequence of votes this afternoon The Senator’s amendment cites two the frosting on the cake of spending at a time to be determined by the ma- reports from the Government Account- cuts to any number of programs of jority leader after consultation with ability Office—the GAO—on how pro- which the Senator does not approve. the Republican leader; that the time grams that may be duplicative or But let’s be clear—the objective here is until 2 p.m. be equally divided between somewhat duplicative could be stream- not better government, it is cutting the two leaders or their designees; fi- lined or eliminated. What the Senator discretionary funding to programs that nally, that Senators on the majority fails to mention is that the GAO, in its Congress supports, hiding under the side be permitted to speak for up to 5 recent report, notes that on 81 issues it guise of good government. minutes each, and they would be in raised last year, the Congress or the Setting aside the real intent of this this order: LAUTENBERG, LANDRIEU, executive branch has begun to respond amendment, the irony of the Coburn WYDEN, STABENOW, and MERKLEY. The PRESIDING OFFICER. Is there to all but 17 of the issues raised. This amendment is that the amendment objection? amendment also ignores the fact that itself is redundant and duplicative of Without objection, it is so ordered. the majority of the items on which no existing rescission authority which has The Senator from Indiana is recog- action has been taken are unrelated to been in the law since 1974, the Congres- nized. discretionary spending but cover reve- sional Budget and Impoundment Con- INDIANA TORNADOES nues and mandatory spending. trol Act of 1974. This act has been suc- Mr. LUGAR. Madam President, I rise Moreover, in reviewing the details of cessful in addressing this very situa- today in support of American jobs and the tens of billions that GAO indicates tion. national security. might be saved by eliminating duplica- Setting aside this irony, the problem First, I would like to take a moment tion, it is apparent in those areas in with this amendment is that by cir- to express my condolences to families which GAO has provided somewhat cumventing a well-thought-out process who have lost loved ones in the torna- auditable estimates that the bulk of that recognizes the checks and bal- does that struck Indiana and other the savings are in three categories. ances between the executive branch States on March 2. These categories are raising revenues, and the legislative branch, it simply Last weekend Senator COATS and I cutting mandatory spending, and cut- turns over all decisionmaking in terms toured the damaged areas of southern ting defense. For example, 18 rec- of which programs are duplicative to Indiana and met with people who are ommendations in 2 reports would come the Office of Management and Budget dedicated to a full recovery from total by cutting defense programs, including with absolutely no deference to Con- devastation. I wish to pay special trib- military retirement, health care, and gress and the programs authorized by ute to advanced preparedness by the military compensation. Furthermore, Congress. schools and many others that pre- $2.5 billion in annual savings would The Senator from Oklahoma is con- vented an even greater loss of life. come from Social Security and at least stant in his efforts to weaken Also, our gratitude goes out to the first $10 billion from eliminating tax ex- Congress’s power by shifting our re- responders who are doing amazing penditures or making other changes to sponsibilities to the executive branch, work, in some cases while facing their the Tax Code. and I will remain constant in pointing own devastating circumstances. Madam President, my colleagues on out to my colleagues why this is a bad I am returning this weekend to en- the other side have not demonstrated idea. The power of the purse is the sin- courage the continuing progress to- any zeal for cutting defense or raising gle most important check on the power ward recovery, and I am working close- revenues. Frankly, neither side has ex- of the executive branch. Every time we ly with Governor Daniels and other pressed much willingness to cut man- chip away at that power, we chip away State officials to coordinate Federal datory spending. Instead of targeting at the Founding Fathers’ vision of how assistance that is appropriate given the tax increases or mandatory spending, our government should operate. In ad- level of devastation. this amendment once again goes after dition, we are also disregarding our ac- AMENDMENT NO. 1537 the easy target, which is domestic dis- countability to the American public. Madam President, I rise in support of cretionary spending—the same target The Congress should be held account- American jobs and national security in that is attacked time after time even able for the tax dollars we appropriate a very strong way and to encourage my though it only represents 15 percent of and the tax dollars we rescind. colleagues to support the Keystone XL Federal spending. In closing, we should reject this Pipeline amendment I have offered So we have once again an amendment amendment because it makes no sense with Senators HOEVEN, VITTER, and offered by the Senator from Oklahoma to reinvent the wheel—and in this case, others. The Hoeven-Lugar-Vitter which has become a familiar pattern in an inferior one—when we are trying to amendment No. 1537 mirrors legislation the Senate. On its face, the amendment address duplication in government mis- that 46 Senators from both parties might seem to have some value, but sions. And we should reject it because have cosponsored. Let me give special the details of the amendment show it violates the spirit, if not the letter, thanks to JOHN HOEVEN for his partner- that the amendment is a Trojan of the Budget Control Act which was ship and his leadership in this effort. horse—a disguise with a goal of indis- signed into law just 8 months ago. Fi- My own advocacy for the Keystone criminate cutting of discretionary nally, we should oppose this amend- XL pipeline derives from its benefits spending without any real base or jus- ment because it fails to attack the real for national security, job creation, and tification. In other words, this is sim- culprits of our economic woes—reve- economic growth. Keystone XL will re- ply another attempt to circumvent the nues and mandatory spending. There- duce our vulnerability to oil market

VerDate Mar 15 2010 02:39 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.042 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1520 CONGRESSIONAL RECORD — SENATE March 8, 2012 manipulation by unfriendly foreign re- job. Immediately upon passage, the the 2012 election. The Final Environ- gimes, thereby giving our military and White House complained that they did mental Impact Statement issued by diplomats more flexibility in address- not have sufficient time to make a de- the State Department would be rein- ing national security priorities such as cision. In reality, the Obama Adminis- stated, along with associated Federal stopping Iran’s nuclear weapons capa- tration issued a Final Environmental permissions. Keystone XL would still bility. Keystone XL will create thou- Impact Statement on August 26, 2011, be required to go through regular order sands of private sector American jobs and pondered the Keystone XL applica- in receiving permits that it had not re- almost immediately and without tax- tion for 1,217 days before rejecting it in ceived prior to that date, including payer subsidy. The more than 7 billion January. from the Army Corps of Engineers and private sector dollars invested for Key- The lengthy delay in permitting Key- Bureau of Land Management. stone XL will benefit American work- stone XL is incongruous with our coun- Importantly, our legislation recog- ers far beyond those installing the try’s dire need to diversify oil sources nizes the vital role of individual states pipeline. and promote job creation. The first in approving oil pipelines. Keystone XL Moreover, analysis from the Depart- Keystone pipeline’s permit was granted must have all State permissions re- ment of Energy just last year found in 693 days. The Obama Administration quired by the States that it proposes to that oil supplies coming via Keystone approved the Alberta Clipper permit cross. That also applies to eminent do- XL would most likely lower gas prices. after an 829 day review. main, which is the jurisdiction of the President Obama’s denial of the Key- Incredibly, even after 1,217 days the States when it comes to oil pipelines. stone XL pipeline permit is not in the Obama Administration still was unable I recognize that there is opposition national interest. Americans are to determine the national interest, to Keystone XL among certain seg- screaming for more affordable oil sup- even at this time when oil markets are ments of the environmental commu- plies. The irony is that Democratic the tightest they have been in years, nity. I take these concerns seriously. Senate leadership is calling for more gas prices are soaring, and unemploy- That is why our legislation contains oil from Saudi Arabia even as they con- ment remains at 8.3%. perhaps the strongest environmental tinue to oppose oil from Canada. The only reason that has been given and safety safeguards for a pipeline The Obama Administration’s failure for delay is that the Keystone XL route ever put into U.S. law. It reflects work to approve Keystone XL detrimentally through Nebraska is being shifted to of the State Department, the Transpor- impacts Americans today. If the State avoid some sensitive areas. Benefiting tation Department, and other Agencies Department had conducted its review from the diligent efforts of Senator that identified expansive and specific in a timely manner of 18 to 24 months, JOHANNS and his staff, the Hoeven- requirements for pipeline construction the southern half of Keystone XL Lugar-Vitter amendment protects that and operation. TransCanada has would already have been in operation, state process, giving Nebraskans all pledged to follow those guidelines, relieving the bottleneck currently the time they need while not unduly which would have the force of law keeping more affordable U.S. oil away holding up construction in other through our legislation. from consumers. The remainder of Key- states. The Federal government need In the course of debate we will likely stone XL would have been in operation not tell Nebraskans where to put the hear a number of Democratic col- any day now, so today’s markets, pipeline on their territory; our legisla- leagues attest their support for pipe- tighter from supply reductions in Iran tion trusts Nebraskans to do what is lines and for Keystone XL in par- and Sudan, would have had reliable best for Nebraska. ticular. Surely more will profess their sources online soon. We should not Mr. President, it may surprise some concern for the thousands of workers delay needed market liquidity any colleagues to learn that it is not the that would earn incomes with Key- longer. Federal government’s role to decide stone XL, as well as for the numerous The Democratic alternative to our when an oil pipeline should be built or unions that support them. I have no legislation would add more delay to where it will be placed. The primary doubt that many Senators, regardless American jobs, enable a large govern- Federal role is to ensure safety and en- of party affiliation, share those senti- ment overreach into private industry vironmental standards are met. Our ments. Yet, sentiments mean little if decisions, and jeopardize the jobs of legislation contains safety and envi- in the next breath they oppose reason- American refinery workers. ronmental requirements in excess of able legislation we have offered to It is not the normal course of events current law and already endorsed by 89 make it happen, namely the Hoeven- that Congress would be acting on a sin- Senators in December. With our bill, Lugar-Vitter bill. gle private sector project. As ranking Keystone XL would be perhaps the I understand that there can be rea- member of the Senate Foreign Rela- most advanced oil pipeline in the coun- sonable questions, even concerns on a tions Committee, for months I encour- try. project of this size. I, along with Sen- aged timely evaluation of this the It is only by virtue of crossing our ator HOEVEN and other cosponsors, project on the merits, even while shar- international border with Canada that have repeatedly offered to Democratic ing my own support for its completion. Keystone XL came into the unfortu- colleagues to hear any genuine con- Historically, pipeline applications have nate situation of requiring Presidential cerns with our legislation and to nego- been treated in a technocratic matter permission. Our legislation removes tiate changes that would earn their by both Republican and Democratic ad- the need for an international border- votes. Those offers have been refused. ministrations. For that reason, Con- crossing permit for Keystone XL, Instead, the Democratic leadership has gress has not generally been compelled which currently is required only by Ex- offered a last minute side-by-side to assert its constitutional authority ecutive Order and not U.S. law. The amendment that would add more delay, over border crossings for oil pipelines pipeline could enter the United States jeopardize the prospect of any Key- as we have for bridges, ports, and im- at Phillips County, Montana, and no- stone XL jobs being created, and under- migration. where else. In doing so, it recognizes mine the job prospects of American re- Regrettably, actions by the Obama not only that trade in reliable and af- finery workers. Administration to first delay and then fordable oil with our closest economic I am hopeful that Democratic col- deny the Keystone XL application and strategic ally is in the national in- leagues will join me in supporting jobs point to election year politics over- terest, it also recognizes that in large and energy security by voting in favor whelming the need for objective con- part the U.S. and Canadian energy sys- the Hoeven-Lugar-Vitter amendment. sideration of the national interest. tems are integrated to our mutual ad- Voting against the Hoeven-Lugar-Vit- In that circumstance, last December vantage. ter amendment while simultaneously 89 Senators voted to pass into law the The Hoeven-Lugar-Vitter bill resets refusing to negotiate is a vote against Lugar-Hoeven-Vitter legislation, S. evaluation and permitting for all por- Keystone XL, against the private sec- 1932, which required President Obama tions of the pipeline to where it was be- tor jobs it will produce, against the to conclude more than 3 years of anal- fore November 11, 2011, when the Presi- chance it brings for lower gasoline ysis. In other words, we tried to give dent announced he would delay a deci- prices, and against the relief it can pro- President Obama a chance to finish the sion for more than a year until after vide from our dangerous dependence on

VerDate Mar 15 2010 04:43 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.017 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1521 oil from the Middle East and Ven- oil markets are under threat of short- devices, Caterpillar in Lafayette where ezuela. age, as powerfully illustrated by Ira- they manufacture the engines for the Mr. President, in my judgment, there nian threats against 20 percent of heavy equipment developing the oil is no doubt that the Keystone XL pipe- world oil that traverses the Strait of sands, and Fairfield Manufacturing in line would benefit United States na- Hormuz. Lafayette where they manufacture tional security, energy reliability, eco- The global oil market has fundamen- large gears and other components of nomic growth, and job creation. It tally changed. Booming demand by the Caterpillar machines, in addition would be the most advanced pipeline in China, India, and other emerging to other industrial machinery. the United States, thus minimizing en- economies is quickly absorbing new More than 2,400 American companies vironmental risks. supplies. Old oil fields are running low in 49 States, including over 100 in Indi- United States dependence on foreign and new ones are expensive and harder ana, supply goods and services for oil oil is one of our foremost national se- to find. World markets are likely to re- sands development and transport, ac- curity vulnerabilities. Iran’s threat to main tight for the foreseeable future, cording to industry estimates. Vir- shatter global economic recovery and which means that supply disruptions tually all of these American companies splinter allied opposition to their nu- due to political, terrorist, or weather stand to benefit from robust trade with clear weapons program by using their events can lead to shortages much Canada, and stand to lose from Canada oil exports as leverage is just the most more easily than in the past. Tight turning its trade preferences toward visible example today. The dollars we global oil markets will invite threats Asia. use to buy oil from autocratic regimes to supplies for years to come, whether An important testament to the job- complicate our own national security by Iran or other hostile actors. Having creating opportunities of Keystone XL policies by entrenching corruption, fi- oil flow to the United States, instead of is the strong support of several unions, nancing regional aggression and repres- to China, via Keystone XL would give such as the AFL–CIO Building and Con- sion, and inflating Defense Department Americans the benefits of first access struction Trades Department, United costs. Crude oil from Canada, North in times of trouble. Association of Journeymen and Ap- Dakota, and Montana delivered by In Indiana job creation is the number prentices of the Plumbing and Pipe- Keystone XL will replace a substantial one priority. The situation is urgent fitting Industry of the U.S. & Canada, part of future imports of heavy oil for families struck by our 9 percent un- International Union of Operating Engi- from Venezuela and the Middle East. employment rate, and many more are neers, Laborers’ International Union of The less we are directly dependent on underemployed. Having the private sec- North America, International Brother- oil from unstable and unfriendly re- tor willing to inject more than $7 bil- hood of Teamsters, and the Inter- gimes, the more flexibility we will lion into the economy for the Keystone national Brotherhood of Electrical have in diplomatic and defense options. XL pipeline is a tremendous vehicle for Workers. Private sector job creation must be Consider, for example, some of the putting people back to work, and it our top domestic priority. Some argue flashpoints in oil-rich countries over will have a multiplier effect for eco- that the estimate of 20,000 new jobs the more than three years that the nomic growth. Moreover, it is esti- from Keystone XL construction is too Obama Administration examined the mated that approximately 90 percent of high even while they admit that many Keystone XL pipeline application: Iran the money Americans send to Canada thousands of new jobs will be created. threats against Israel, the Strait of for imports is returned to the United Even a smaller number of new private Hormuz, and the U.S. Navy; Ven- States, thereby encouraging more sector jobs are important gains during ezuelan antagonism; war in Libya; hos- trade beyond the energy sector. this time of 8.3 percent unemployment tilities in Iraq; a stalemate in Sudan; Keystone XL is perhaps the largest nationally and 9 percent in Indiana. unrest in Russia; the Arab Spring; private infrastructure project available Whether it is a pipeline, a road, or a strained relations with Saudi Arabia; for construction almost immediately. house, it is the nature of the construc- violence in Nigeria; and the ongoing It is expected to directly create 20,000 tion industry that jobs created are threat of terrorism against energy in- jobs, particularly in the hard-hit con- temporary in the sense that once a sin- frastructure. struction and manufacturing sectors. gle project finishes, another needs to In contrast, the only uncertainty in In addition, tens—if not hundreds—of take its place. A benefit of a project as oil trade with Canada has been the U.S. thousands of other American workers large as Keystone XL is that the tem- indecision over Keystone XL. This will have their jobs bolstered through porary employment is actually quite delay has caused the Canadian govern- the supply chain. Many of these are long and desperately needed by work- ment to openly question whether the small American businesses that manu- ers and their families. U.S. is a reliable market and whether facture specialty parts or provide serv- Keystone XL is privately financed. it should devote new oil capacity to ices. No taxpayer money is needed to bring supplying China’s voracious appetite Already Hoosiers working at Koontz- these jobs—all that is needed is for for energy. Wagner in South Bend, IN, have bene- government to get out of the way. No single project or policy is a cure- fited from some of the $800 million that In my judgment, further delaying all, but having more independence has already been spent for Keystone these benefits is not in the national in- from unstable regimes will give more XL supplies. As a subcontractor for terest. With the firm go-ahead offered options to avoid being drawn into oil- Siemens, Koontz-Wagner last week fin- by our legislation, Americans can get driven conflicts and to diplomatically ished the last of 78 equipment shelters to work almost immediately in manu- advance national security objectives. for Keystone XL. The largest of the facturing goods and in building the For example, among the most signifi- shelters measures 62 feet long, 14 feet pipeline. cant challenges to enforcing strong wide, and weighs about 8,500 pounds. Kicking the can down the road is not sanctions on Iranian oil is concern over Manufacture of the 78 units for Key- simply a delay in construction. Delay high gas prices driven by a weakening stone XL generated 140,000 ‘‘man opens more rounds of duplicative re- global supply margin. More than 3 hours’’ of work, allowing 50–60 new em- view with no definite conclusion that years of bureaucratic delay on Key- ployees to be hired. It is the single the pipeline will be built. Meanwhile, stone XL means that the Obama Ad- largest contract for that company in the Government of Canada is racing ministration has prevented Keystone South Bend. The people of Koontz-Wag- ahead with plans to export crude to XL oil from helping Americans hit by ner are fortunate that they are an China. Recent high-level agreements high gas prices today. Approval now early contractor. Meanwhile, thou- between Canada and China dem- would send a strong signal to markets sands of additional workers are waiting onstrate no reluctance for oil trade of coming supply, and with our legisla- for their chance. through Puget Sound and across the tion, Keystone XL would be in place to Other Indiana firms stand to benefit Pacific. help address future emergencies. from the Keystone XL pipeline. I vis- The national imperative to reduce Having built-in first access to Cana- ited Endress+Hauser in Greenwood dependence on foreign oil from adver- dian crude via pipeline is a strategic where they already have manufactured sarial and unreliable regimes is not a and economic advantage when global $600,000 worth of flow and temperature partisan issue. Increased development

VerDate Mar 15 2010 04:43 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.018 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1522 CONGRESSIONAL RECORD — SENATE March 8, 2012 of domestic energy resources, including According to the Department of Com- America’s overdependence on oil im- domestic oil, alternative liquid fuels merce, the President already has the ports from unstable and hostile re- from biomass and coal, and innovation authority to prohibit petroleum ex- gimes endangers our national security for fuel efficiency and electrification ports if he deems it to be in the na- and puts our warfighters and civilian are all needed. I have offered my Prac- tional interest. personnel at risk. It also worsens our tical Energy Plan, REFRESH farm bill, In my view, exporting a small per- national budget situation, as we spend and Open Fuels Standard with Senator centage of refined products to maintain billions of dollars to ensure safe pas- CANTWELL to aid in those efforts. My refinery capacity is not a problem to be sage of oil around the world. But today legislation, if implemented, would re- solved. In the event of a global energy we have a dramatic opportunity to duce our need for foreign oil by 6.3 mil- crisis, exports from U.S. Gulf refineries change that energy and national secu- lion barrels per day by 2030—more than could quickly be diverted back to rity equation by building the Keystone two-thirds of current imports. American gas pumps, providing that XL Pipeline to bring oil from Canada, It is ultimately the expected resil- their source is a secure supply from the our good friend, to North Dakota and ience of higher average global oil U.S. or Canada, not overseas. Montana and then to the gulf refin- prices and technological breakthroughs Even as Democrats seek to block the eries. that will determine the success of al- prospect of even a small amount of Better yet, building Keystone XL, a ternatives, not the presence of oil pipe- manufactured petroleum products from private sector project, will create thou- lines. We must be realistic: Even with being exported, they are also arguing sands of American jobs now. Job cre- rapid improvement in alternatives and to block the import of products ation is the No. 1 issue in our Nation. efficiency innovations, oil will con- through ‘‘domestic content’’ mandates. The Keystone XL Pipeline is the coun- tinue to be an important part of our The Keystone XL Pipeline is a private try’s largest shovel-ready infrastruc- economy, and oil from domestic project and does not receive taxpayer ture project. President Obama had the sources and reliable neighbors will be subsidy. The Federal Government has opportunity to create thousands of new more affordable and secure than far- no place in making procurement deci- jobs right away, plus bolster job pros- flung imports. sions of private companies. According pects for thousands more throughout Even if we achieve domestic produc- to TransCanada, of the expected total the manufacturing supply chain, such tion and efficiency goals, we cannot af- procurement for Keystone XL, 98 per- as our Hoosiers firms Endress+Hauser, ford to ignore the source of our foreign cent is already under contract. In other Koontz-Wagner, and Caterpillar. Allow- oil. Canada is our most reliable and words, a domestic content requirement ing $7 billion of private economic ac- safest oil trading partner. The Key- may force it to violate existing con- tivity should be a no-brainer. stone XL Pipeline alone could virtually tracts. Incredibly, even after reviewing Key- eliminate the need for oil from Ven- In the end, the most vigorous opposi- stone XL for 1,217 days and in the ezuela. Even if in the future we do not tion to Keystone XL is not over the midst of Iranian threats against global ourselves consume all the Canadian oil pipeline itself; it is against further de- oil supplies and the U.S. Navy, Presi- imported, having that crude in the U.S. velopment of the Canadian oil sands in dent Obama caved to pressure from ex- system would give us tremendous flexi- an effort to stem greenhouse gas emis- treme environmentalists by rejecting bility to deal with supply shortages sions. In considering this issue, it is Keystone XL jobs and security. The caused by conflict, political manipula- important to understand that exten- President ignored analysis from his tion, terrorism, or natural disaster. sive investment in coking capacity at own Department of Energy that said But perversely, opponents of the U.S. refineries means that oil from the oil supplies coming via Keystone XL pipeline have thrown up a series of ca- oil sands will mostly replace other would most likely lower gas prices. nards against the project to distract heavy oil, such as that from Venezuela. President Obama’s rejection of Key- from the overwhelming arguments in But more to the point, there is no stone XL implicitly says that the ad- favor of it. One such canard is that doubt that Canada will continue to de- ministration prefers to send billions of Keystone XL is intended to use Amer- velop the oil sands regardless of U.S. dollars to unfriendly regimes rather ican soil to convey Canadian oil to decisionmaking on Keystone XL. The than expand trade with Canada. It says markets abroad. The facts are other- Canadians have already spent billions that Democratic leadership prefers wise. The United States is a huge net of dollars developing this resource, going hat-in-hand seeking more oil importer of crude oil about 9 million which they see as an essential national from Saudi Arabia rather than taking barrels every day. It is that reality asset and job producer. The value of control of our energy future. It is in- that has perverted our national secu- this asset will increase over time as comprehensible. No objective standard rity policy for decades. Analysis from the growth in global populations and of U.S. national security interest could the Department of Energy finds the living standards increases the demand justify such a decision. likelihood of crude exports from Key- for oil. Shipping the oil to the Cana- I recognize there is opposition to stone XL to be extremely low because dian Pacific or Arctic coasts and on- Keystone XL among certain segments U.S. refinery capacity for heavy oil is ward via tanker for sale to China would of the environmental community, and I expected to exceed supply from Canada compound environmental risks, while take those efforts and concerns seri- and because transport of oil via Key- denying our country the strategic and ously. That is why our legislation con- stone XL, then tanker would be consid- economic benefits associated with oil tains perhaps the strongest environ- erably more expensive than domestic sands production. mental and safety safeguards for a Canadian export options. The strong majority of American pipeline ever put into U.S. law. It en- Overall U.S. exports of refined prod- people agree with our support for the sures that the Federal Government will ucts are running at an unusually high Keystone XL Pipeline. Polling by Ras- not interfere with individual property 15 percent of total production because mussen and United Technologies/Na- rights or tell Nebraskans what to do in America’s struggling economy has tional Journal clearly indicates that a their own State. sapped domestic demand, and those ex- majority of Americans support the Opponents believe that by blocking port levels likely will shrink again as Keystone XL Pipeline. The Pew Re- the pipeline, they will stop develop- the economy gains steam. Simply put, search Center released a poll on Feb- ment of the oil sands in Alberta. That we are keeping some of America’s ruary 23, 2012, that found 66 percent of is a false hope. There is no doubt that 108,000 refinery workers, including people who have heard about Keystone Canada will continue to develop the oil about 2,245 in Indiana, employed by XL support its approval, while just 23 sands regardless of U.S. decision- selling at home and overseas. percent oppose. These findings are rein- making on Keystone XL. The Govern- Moreover, it is especially curious forced by the dozens of Hoosier citi- ment of Canada is racing ahead with that the prospect of even a small zens, mayors, and retired service per- plans to export crude to China. Recent amount of exports manufactured at sonnel who have written in favor of high-level agreements between Canada U.S. refineries comes under scrutiny Keystone XL and the Indiana State and China demonstrate no reluctance since President Obama has identified Senate that voted in unanimous sup- for oil trade through the Puget Sound the doubling of U.S. exports as a goal. port. and across the Pacific.

VerDate Mar 15 2010 02:39 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.019 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1523 Others say we should encourage al- ine that. Instead of reducing toxins our The PRESIDING OFFICER. Without ternatives to oil, and greater fuel effi- children breathe, this amendment or- objection, it is so ordered. ciency, and I agree with that, but even ders the EPA to reduce the burden on (The text of the amendment is print- under the most optimistic scenarios, polluters. Under this amendment, chil- ed in today’s RECORD under ‘‘Text of oil will continue to be an important dren lose and polluters win, and that is Amendments.’’) part of our economy, and oil from do- inexcusable. Mr. ROBERTS. Madam President, I mestic sources and reliable neighbors I also wish to express my strong op- rise today to ask for support for my will be more affordable and secure than position to Senator HOEVEN’s Keystone amendment to promote progrowth en- far-flung imports. XL amendment, which is nothing more ergy and tax policy, and especially con- Crude oil from Keystone XL will re- than a rubberstamp for a project that sistency for the remainder of this year. place heavy oil imports from Venezuela poses serious risks to our environment My amendment addresses a signifi- and the Middle East. The less we de- and public safety. cant tax policy concern. Within the pend on oil from adversarial and unre- The Keystone XL Pipeline will be one Tax Code there is a long list of provi- liable regimes, the more protection of the largest pipelines outside of Rus- sions simply known as tax extenders. Americans will have from price spikes sia and China. It will be 1,700 miles Some might ask why I am offering an and shortages and the more flexibility long, cut through six States, and carry amendment on tax extenders to a bill we will have in diplomatic and defense nearly 1 million barrels of tar sands oil dealing with the Federal highway pro- each day. Make no mistake, the Key- options in oil-rich lands. gram. In a nutshell, here is why: These Finally, let me say that Politico re- stone Pipeline is not ready for ap- provisions are used by millions of fami- proval. ports that President Obama is so anti- lies, individuals, and business tax- The fact is, the people have a right to payers. But these provisions expired Keystone that he is personally calling know the facts about projects like this. over 2 months ago, causing utter chaos Senators to oppose our bill. The Demo- This is one of the reasons I wrote the in regard to—well, really, what it cratic alternative aligns with Presi- Pipeline Safety Act, which President caused was the lawyer-CPA full em- dent Obama’s rejection of Keystone XL Obama signed into law in January. and is a massive overreach into the pri- This law requires the Transportation ployment act. At present, the Senate vate sector. Senator WYDEN’s bill Secretary to determine whether we leadership has no plans to consider would ultimately hurt the workers it need better rules for the movement of these expired tax provisions. That is claims to help and would penalize tar sands oil, which is thicker and not right. America’s 108,000 refinery workers di- more corrosive than conventional oil. The base of this amendment includes rectly. Keep in mind, the existing Keystone most if not all of the expired energy In sum, the Keystone XL Pipeline Pipeline has had 12 oilspills in its first tax incentives addressed in the amend- will create thousands of private sector year of operation. So before we take a ment offered by my friends on the jobs, and it will help protect the na- shot in the dark, let’s get the facts other side of the aisle. It is your tional security interests of the United about Keystone XL. amendment. In my amendment, how- States. It comes at no taxpayer ex- Finally, I want to express my strong ever, we increase these energy produc- pense, and it will strengthen vital ties opposition to a Vitter amendment to tion incentives. With spiking gas prices with our ally Canada. I urge my col- vastly expand offshore drilling in this hammering families and businesses, leagues to support the Hoeven-Lugar- country. I will not stand by while Re- this is precisely, it seems to me, the Vitter Keystone XL amendment. publicans put New Jersey’s coast in the time to have a policy which will in- Madam President, I yield the floor. hands of oil companies. Tourism, fish- crease our supply of energy. The PRESIDING OFFICER. The Sen- ing, and other coastal activities gen- To begin with, addressing the oil sup- ator from New Jersey. erate $50 billion a year in New Jersey ply issues, my amendment would cut Mr. LAUTENBERG. Madam Presi- and support a half million jobs. Just redtape and open more Federal land for dent, I rise to speak against three Re- like with the Keystone Pipeline, the oil more oil and gas exploration and drill- publican amendments that pose a grave industry is telling us don’t worry about ing. We are all painfully aware of the threat to our health, our children, and the risks posed by offshore drilling. President’s rejection of the Keystone our environment. They say: Trust us; everything will be XL Pipeline application. My amend- The first seeks to delay and weaken fine. But we know how empty the oil ment gives our Canadian neighbors the new EPA standards that would reduce industry’s promises are. green light to send energy our way. the pollution produced by industrial In 1989, before the Valdez spill in Let me now briefly describe the boilers. These boilers emit dozens of Alaska, Exxon told us their oil tankers amendment. This amendment extends toxins, including lead, which reduces were safe. Two years ago, BP insisted popular and much needed tax relief children’s intelligence levels, and it could handle an oilspill in the Gulf of ranging from tax deductions for fami- dioxins, which can cause birth defects. Mexico. That is fresh in our memories. lies sending kids to college to the adop- Boilers also release mercury, which is We should not forget it. tion tax credit. By supporting my brain poison for children. And I ask my We do not need any more empty as- amendment today, we can provide colleagues here to just think for a mo- surances from the industry. We need to much needed tax relief and certainty to ment how lucky you are if all of your defeat these amendments and pass a millions of families and businesses for children are healthy and feeling good. clean transportation bill. the remainder of this year. Under the Republican amendment, I yield the floor. I highlight this point because uncer- polluters will have at least 6 additional The PRESIDING OFFICER. The Sen- tainty in business and personal finan- years to continue releasing life-threat- ator from Kansas. cial planning is something I think all ening toxins into our air. We have al- AMENDMENT NO. 1826 of us hear about daily when we go back ready waited far too long to see the (Purpose: Of a perfecting nature) home and then come back here. Let’s health benefits these standards would Mr. ROBERTS. Madam President, I take a look at the deductibility of col- achieve. Back in 1990, both parties ask unanimous consent to set aside the lege tuition. This is a benefit for fami- came together in Congress and told the pending amendment and call up my lies who send their kids to college. By EPA to set new pollution standards by amendment No. 1826. definition, this benefit goes to middle- the year 2000. If we delay these stand- The PRESIDING OFFICER. Without income families. A lot of these folks ards another 6 years, our country will objection, it is so ordered. The clerk are not low-income, so their kids do suffer as many as 28,000 premature will report. not qualify for Pell grants, but they deaths. We will also see 17,000 heart at- The assistant legislative clerk read are not high-income either. A lot of tacks and more than 180,000 asthma at- as follows: these folks are paying significant Fed- tacks. The Senator from Kansas [Mr. ROBERTS] eral, State, and local taxes and they This amendment would also fun- proposes an amendment numbered 1826. get no help in defraying the high cost damentally weaken the Clean Air Act. Mr. ROBERTS. Madam President, I of their kids’ college education. This It forces the EPA to set the least bur- ask unanimous consent the reading of tax deduction would make this con- densome standards for industry. Imag- the amendment be dispensed with. sistent just for this year. This helps

VerDate Mar 15 2010 04:43 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.045 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1524 CONGRESSIONAL RECORD — SENATE March 8, 2012 families by increasing access to higher would not be here on the floor without ecotourism, the coast that revels in education. This deduction ran out last the extraordinary leadership of Sen- clean beaches. year, and if we don’t act these families ator BOXER from California, whose Please give us the resources we need will continue to face a tax increase. coast gets virtually no benefit from the to restore this great coast. Again, I Another very important expired pro- RESTORE Act as it was originally in- thank Senator BAUCUS and Senator vision is the deductibility of State and troduced, but she was willing to step BINGAMAN, who have joined now with local sales taxes. Over 10.3 million up because she knows how important supporters of this because we have Americans are paying more in taxes be- the gulf coast is to the United States. added a portion to the fund, just for 2 cause this provision has expired. Let me first remind people what this years, the Land and Water Conserva- On the business side, my amendment accident looked like. It has been 2 tion Fund, for the entire country. We would address expiring business provi- years, but we remember the horror will be sending money to the gulf sions, including the research and devel- that we saw on our televisions for coast, creating an oceans trust fund, opment tax credit and tax incentives months about the largest environ- and fully funding the Land and Water for leasehold improvements and res- mental accident in the history of our Conservation Fund for 2 years. taurant depreciation. It also extends country—5 million barrels of oil spilled I think it is a balanced bill; it is a enhanced small business expensing. along the coast of Louisiana, Mis- fair bill. Again, to the chairman of the Many small businesses use this benefit sissippi, Alabama, and seeped onto the committee, Senator BOXER, I cannot to buy equipment on an efficient coast of Florida and caused economic tell the Senator how much we appre- aftertax basis. It is good for small busi- damage in Texas. Let me tell you, 600 ciate her extraordinary leadership. ness. It is good for small business miles of the gulf coastline were oiled, The PRESIDING OFFICER. The Sen- workers. It is good for our Nation’s and 86,000 square miles of waters were ator from California. economic growth. closed to fishing, causing a $2.5 billion Mrs. BOXER. Madam President, I ask The amendment closes a tax loophole loss to the fishing industry. We still for 30 seconds before we turn to Sen- that ensures that taxpayers claiming have concerns about what that indus- ator VITTER. I want to say to the Sen- the refundable child tax credit provide try will look like. ator from Louisiana and her colleague, proper identification on their tax re- The U.S. Travel Association esti- Senator VITTER, what an honor it has turns. mated a $23 billion impact to tourism been for me to work with them. Sen- Finally, this amendment includes a across the gulf coast. So although ator LANDRIEU is the most passionate special deficit reduction trust fund. Texas did not technically get any oil, person I have ever met when it comes The trust fund would contain the sav- they had an impact along their coast to fighting for her State. What her ings from the energy production incen- with the tourism decline. State went through was a disaster tives, the refundable child tax credit Every commission, independent com- manyfold. I was there. I saw it. provision, and an extension of the ex- mission—Secretary of the Navy Com- Senator VITTER on the committee isting Federal employee pay freeze. mission, the President’s commission, was eloquent in pointing out the prob- In summary, this amendment does the independent commissions have all lems. Senator SESSIONS worked hard on not add to the deficit. It contains ro- advocated that the proper response of the committee as well. Every Demo- bust energy production incentives and the Federal Government is not to take crat supported them. restores expired individual and busi- this penalty money and stuff it in the ness tax relief provisions. Most of all, General Treasury but, rather, to take a I would only say to my colleagues it promotes economic growth and pro- significant portion—our bill says 80 who may be watching this debate: vides much needed consistency as these percent—and send it back to the gulf Please vote yes. We need 60 votes. This tax extenders simply do not exist at coast where our people have great is going to take funding from BP di- the present time, and only for this needs, both economically and environ- rectly to fix up the areas they wrecked. year. Everybody knows in 2013 we have mentally. It is not costing the taxpayers any the obligation and responsibility to dig This is the time to act. Louisiana has money. Because of the negotiations, into a tax reform plan that will cer- lost 1,900 square miles since 1930. If we every State will now benefit if it has a tainly serve to put our Nation in much were the size of Rhode Island—we are coastline. better shape in regard to tax policy. not, we are bigger, but if we were, we I was honored to do it. I was excited I yield the floor. would not have 50 States anymore; we we got this out of our committee. But The PRESIDING OFFICER. The Sen- would only have 49 because, as the Sen- we do not have forever. We have to ator from Louisiana. ator from California knows, we have al- take care of this today. Vote aye. This AMENDMENT NO. 1822 ready lost the size of Rhode Island. is bipartisan. Ms. LANDRIEU. Madam President, This is a national tragedy, not just for I yield the floor. let me begin by thanking the almost 15 the 4.5 million people who live in our The PRESIDING OFFICER. The Sen- Members of this body who have been State. ator from Louisiana. working on this very important legisla- But I would like to put into the Mr. VITTER. Madam President, I tion for almost 2 years, since the Deep- record for the few minutes that I have certainly join with my two colleagues water Horizon tragedy. I particularly that we contribute $3 trillion to the na- and others in strong, passionate sup- want to thank Senator SHELBY, who tional economy every year. The Gulf port of the RESTORE Act amendment. has been the lead on the Republican Coast States represent 17 percent of As has been mentioned, that will be an side, for cosponsoring this important the GDP. Nearly 50 percent of the oil upcoming vote, the fifth vote in line and significant environmental and eco- and gas that we consume every day in once we start voting very shortly. This nomic recovery of the gulf coast. We States all over this country comes approach of dedicating any percent of could not have done it without Senator from the gulf coast. the Clean Water Act fines just from the VITTER and Senator SESSIONS, who We contribute $8 to $10 billion di- BP disaster to gulf coast restoration is were on the authorizing committee rectly every year. All we are asking in widely supported on a bipartisan basis. where this bill came out with almost the RESTORE Act—let’s put that up The Obama administration strongly unanimous support. I think we didn’t here—is to fund, direct 80 percent of supports it, outside groups who have get two votes in the committee. Every- the penalty money that BP is going to looked at the devastation in the gulf one else, Republican and Democrat, pay—taxpayers are not paying this. strongly support it all across the spec- was supportive. This does not come out of any pro- trum. This has been a concept that has I particularly thank Senator WHITE- gram. It does not come out of any edu- been building for months, and there is HOUSE, who led the effort on the Demo- cation program, any other program. It strong and widespread support for this cratic side, as we have shaped, with his is going to be paid for by BP. Let’s do 80-percent dedication. That is reflected help, for the gulf coast, which is rep- justice to the gulf coast, America’s en- in the fact that the RESTORE amend- resented in this bill, a way to invest in ergy coast and, might I say, the coast ment is a bipartisan push, a bipartisan our oceans by smartly using some of that produces the most vibrant fish- bill, and now a bipartisan floor amend- the interest earnings. Of course, we eries, the coast that supports, proudly, ment. As MARY LANDRIEU and Senator

VerDate Mar 15 2010 02:39 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.050 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1525 BOXER mentioned, it had almost unani- TransCanada application to the Cana- faith with rural communities, and mous support coming out of the Envi- dian Government even admits that. when it comes up for a vote here in a ronment and Public Works Committee. The fact is U.S. gulf coast refineries few minutes, support the Baucus The cosponsors are fully bipartisan, so are already responsible for 75 percent amendment and our rural schools and I urge all Members to join together in of U.S. refined products and those ex- law enforcement and road programs this effort. ports are rising rapidly. Gulf coast re- that are a lifeline to those rural com- This is completely deficit neutral. fineries also have a cost advantage munities. We have an offset built into the bill over struggling refineries along the The PRESIDING OFFICER. The Sen- such that this bill does not increase east coast, and in effect the Keystone ator from Georgia. the deficit in any way, shape, or form. XL Pipeline can accelerate that advan- GIRL SCOUTS 100TH ANNIVERSARY Let me point out, the money we are tage and likely accelerate the closure Mr. CHAMBLISS. Madam President, using, as has been said, would not exist of east coast refining capacity. Less I rise for a very special honor to be but for the BP disaster. There are fines east coast refining capacity means given to the Girl Scouts of the United paid by BP and others, so that money higher gasoline and heating and oil States of America on their 100th anni- did not exist before the disaster, and prices for our country. versary. One hundred years ago in Sa- yet we still offset that full amount Perversely, according to a separate vannah, GA, Juliette Gordon Low with an offset. In essence, we are low- report we received from the Energy In- brought together a group of 18 girls ering the deficit compared to what it formation Agency, closure of east coast from very different backgrounds to would have been but for the disaster refineries could result in more imports give them opportunities to develop and before that revenue created only of gasoline and other petroleum prod- physically, mentally, and spiritually. by the disaster. ucts, some possibly from as far away as From that meeting, Ms. Low came to In addition, built into the bill in this India. That is particularly perverse be- recognize the need for an organization latest version is significant funding for cause this is the first time since 1949 that would help girls develop self-reli- the Land and Water Conservation Fund when we have actually seen exports of ance and resourcefulness in the face of which has significant bipartisan sup- a number of our refined products, such a changing society, and in their future port in the Senate. Again, all of that is as gasoline, have that dramatic change roles as professional women. fully offset so we are not increasing the compared to previous years when we From that modest single troop in Sa- deficit in any way, shape, or form. This were always importing so many of vannah, Ms. Low’s vision has grown is an offset that has been approved and those energy resources. into the largest organization for girls used before, again, on a bipartisan So contrary to the assertion by the in the world, with 3.2 million Girl basis. One of those previous votes using pipeline backers, more supply from Scouts and more than 50 million Girl this same offset passed 98 to 0. Canada does not automatically mean Scout alumnae. Despite their growth, I urge all Members of the Senate, more U.S. supply and lower prices for the Girl Scouts of today have stayed Democrats and Republicans, to come U.S. consumers, especially when the true to Ms. Low’s vision, focusing on together and please do the gulf coast evidence indicates that that supply is topics such as leadership, science and right and do the Nation right in terms going to be hardwired by the pipeline technology, business and economic lit- of this vitally important effort. and world prices and world markets eracy, and outdoor and environmental I yield the floor. once it reaches the Gulf of Mexico. awareness. It is admirable that the Girl The PRESIDING OFFICER. The Sen- I simply say to Senators: This debate Scouts throughout their 100-year his- ator from Oregon. has always been about domestic energy tory of supporting women’s leadership Mr. WYDEN. Madam President, the security. That is the centerpiece of the have truly been a voice for all girls re- Senator from North Dakota earlier of- argument that was made by my distin- gardless of background. fered a proposal to develop the Key- guished friend from North Dakota, and As Girl Scouts, young women develop stone Pipeline. I rise to speak on the we have heard on television commer- their leadership potential through ac- alternative this afternoon. The alter- cials for weeks and weeks. The argu- tivities that enable them to discover native ensures expedited approval of ment is to build this pipeline, the en- and develop their values and skills, and the pipeline once the current environ- ergy is going to go for Americans. This to take action to make a difference in mental requirements are met. The al- amendment guarantees that will be the the world. And while we all know about ternative ensures that the thousands of case. In effect, this amendment puts the beloved American institution that jobs associated with building the pipe- teeth behind all of the debate that this is the Girl Scout cookie sale, it is not line go to the workers of the United energy is going to be for the American just about the cookies. Scouting also States. The alternative says there is to consumer. provides girls with the skills and self- be a ban on the export of all Canadian I think the evidence shows, particu- confidence to become leaders in their crude oil transported on the Keystone larly as you look at how you are going own lives. XL Pipeline. Obviously there may be to see refineries bypassed in the Mid- Girl Scouts have an impressive some exceptions, and we have worked west, that it is going to go to the gulf record of success. Former Girl Scouts out a process to waive that. But if this ports and you are going to see this en- make up a majority of women who oil is intended for Americans, then the ergy used in the export market. That have served in Congress, and 53 percent export restrictions we offer in this may be good for the Chinese, but the of all women business owners are amendment ought to be very clear, and evidence could indicate it would former Girl Scouts. that is the heart of the concern re- produce higher prices for Americans. In We are fortunate that the guidance flected by the backers of this amend- fact, this trend with respect to putting and opportunities that Girl Scouts ment. the export of American energy on auto have provided during the last 100 years We believe there is substantial evi- pilot—assuming that it is automati- will remain for the next generation of dence on the RECORD that this oil will cally good—is something I think we women leaders for Georgia as well as be for the export market. According to ought to look at more carefully. In this for the United States. the TransCanada application to the Ca- amendment we make it clear we want Madam President, I ask our col- nadian Government, the Canadian oil to protect American workers, Amer- leagues to join me in congratulating companies expect to reap as much as ican consumers, and we are going to the Girl Scouts of the United States of $3.9 billion more in annual revenues have expedited approval of the pipe- America, founded in the great State of from the higher prices they can tap line. Georgia, on 100 years of supporting fe- once the oil reaches the gulf coast. The only point I would make is the male leadership. Once it reaches the gulf coast, it com- Secure Rural Schools legislation— I yield the floor. petes at the same prices as other oil which we are going to be voting in a The PRESIDING OFFICER. The Sen- supplies on the global market. It will few minutes—has always been bipar- ator from Oregon. be extremely lucrative for the com- tisan. I have been working with Chair- AMENDMENT NO. 1825 pany and the incentives clearly are for man BAUCUS to ensure that it remains Mr. MERKLEY. Madam President, I the export market, and that is why the bipartisan. I hope colleagues will keep rise to address the Baucus amendment

VerDate Mar 15 2010 02:39 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.052 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1526 CONGRESSIONAL RECORD — SENATE March 8, 2012 that maintains the core Federal com- The PRESIDING OFFICER. Without [Rollcall Vote No. 28 Leg.] mitment to our timber counties objection, all subsequent votes will be YEAS — 44 through the Secure Rural Schools and 10 minutes. Alexander Graham McCain the Payment in Lieu of Taxes Pro- Mr. REID. Madam President, we are Ayotte Grassley McConnell grams. going to enforce that. We have 30 votes Barrasso Hatch Moran Let me give you a sense of what this Blunt Heller Paul to get through today. It is going to be Boozman Hoeven is all about. This is equivalent to a Portman a lot of work on the clerks to do this, Burr Hutchison Risch farmer who is told by the Federal Gov- but Senators should stay here rather Chambliss Inhofe Roberts ernment: We have a new set of rules, than wander off and do other things; Coats Isakson Rubio Coburn Johanns Sessions and you cannot grow crops on your otherwise, they are subject to missing Cochran Johnson (WI) Shelby farm any longer, but we are going to votes. I want to make sure everyone Corker Kyl Toomey Cornyn Landrieu substitute payments that you would understands that. The only time we Vitter otherwise receive. Well, the farmer Crapo Lee would deviate from that is with votes DeMint Lugar Webb doesn’t like it. He would rather grow that are separated with one or two Enzi Manchin Wicker crops, but what can he do? Then along minutes. Usually we have to take a lit- comes the government a few years tle longer time on that to make sure NAYS — 54 later and says: You know what. You there are no mistakes. But other than Akaka Franken Murray Baucus Gillibrand Nelson (NE) cannot grow crops and you are not that, we will whip through these votes Begich Hagan Nelson (FL) going to get compensated for our rules as quickly as we can. Bennet Harkin Pryor that tell you you cannot grow crops. Has the hour of 2 o’clock arrived yet, Bingaman Inouye Reed And, of course, that is outrageous. Blumenthal Johnson (SD) Reid Madam Chair? Boxer Kerry Rockefeller That is like a taking of property, and The PRESIDING OFFICER. The Sen- Brown (MA) Klobuchar Sanders yet that is exactly the situation that ator is correct. Brown (OH) Kohl Schumer exists for our timber counties in terms Cantwell Lautenberg Shaheen AMENDMENT NO. 1535 Cardin Leahy Snowe of lands affected by the Secure Rural The PRESIDING OFFICER. There Carper Levin Stabenow Schools Program. will now be 2 minutes of debate equally Casey Lieberman Tester Collins McCaskill Udall (CO) The timber harvest cannot proceed in divided on the Vitter amendment. its original method, and the compensa- Conrad Menendez Udall (NM) Who yields time? Coons Merkley Warner tion is not guaranteed to be in place, so The Senator from California. Durbin Mikulski Whitehouse we have to fix that. We have to make Feinstein Murkowski Wyden Mrs. BOXER. Madam President, in sure the Federal Government abides by my one minute, I hope we are going to NOT VOTING — 2 the deals it has struck. This deal is es- vote down this antijobs amendment sential to rural timber counties Kirk Thune that threatens our coastal economies. throughout our Nation. It is essential The PRESIDING OFFICER. Under Many of our coastal States treasure to so many counties in Oregon. the previous order requiring 60 votes their coasts, and they are an economic Five years ago when my colleague for the adoption of this amendment, engine of growth because the tourists Senator WYDEN was working to make the amendment is rejected. sure this commitment was upheld, I come there. We have recreation. We have the fishing industry. Therefore, it The PRESIDING OFFICER. The Sen- was in the role of a speaker, and in ator from Maine. that role I organized the delegation of is very important that we vote this CHANGE OF VOTE Democrats and Republicans to go out down because this amendment is a big and talk with our county leaders, and brother amendment. It tells the States Ms. COLLINS. Mr. President, on roll- there was such mystification about the what they have to do, what they must call vote No. 28, I voted aye. It was my fact that the Federal Government was do, even if their value is to protect intention to vote no. Therefore, I ask not going to stand by the deal it had those coastal-related economies. unanimous consent that I be permitted struck. Today, through the amendment We have 2 percent of the proven oil to change my vote since it will not af- supplies in the world and we use 20 per- fect the outcome. that Senator BAUCUS, Senator WYDEN, and others have been working to put cent of the world’s energy. So we all The PRESIDING OFFICER. Without forward, we have the chance to make know we can’t drill our way out of this. objection, it is so ordered. sure that the word of the Federal Gov- Yet the Senator from Louisiana wants (The foregoing tally has been ernment is good. That is why we need to open every area of our State to drill- changed to reflect the above order.) to pass this amendment. ing when the oil companies are sitting Ms. COLLINS. Mr. President, let me I wish to tell you that we are going on more than 50 million acres. It is a just explain very briefly. I was told to put forward an amendment that se- giveaway to big oil. We should go after that the amendment had been modified cured the word of the government for a the oil speculators. If we want to bring to accommodate concerns I have good long time to come but, unfortu- down gas prices, let’s do that. Let’s raised, and then the amendment was nately, it is only a minimalist, 1-year vote down this bad amendment. not so modified. So I wanted to put in agreement, but that is what we have The PRESIDING OFFICER. The Sen- that explanation to explain why the before us and that is what we must do. ator’s time has expired. error was made. The PRESIDING OFFICER. The ma- The question is on agreeing to the The PRESIDING OFFICER. The Sen- jority leader is recognized. amendment. ator from Alaska. Mr. REID. At 2 o’clock we are going Mrs. BOXER. I ask for the yeas and CHANGE OF VOTE to start the votes on a mass number of nays. amendments. The first one will be on The PRESIDING OFFICER. Is there a Ms. MURKOWSKI. Mr. President, on the Outer Continental Shelf. It is my sufficient second? roll call vote number 28, I too voted understanding that I have the right to There appears to be a sufficient sec- aye and it was my intention to vote no. start the voting at 2 o’clock; is that ond. I ask unanimous consent that I be per- right? The clerk will call the roll. mitted to change the vote since it will The PRESIDING OFFICER. The Sen- The bill clerk called the roll. not affect the outcome. ator is correct. Mr. KYL. The following Senators are It is for exactly the same reason that Mr. REID. Madam President, every- necessarily absent: The Senator from Senator COLLINS mentioned. It was our one should know—staffs, alert your Illinois (Mr. KIRK) and the Senator understanding in coming to the floor Senators—the first vote will be 15 min- from South Dakota (Mr. THUNE). that the modification had been accept- utes, with 5 minutes for people to get The PRESIDING OFFICER (Mr. ed, and it was not. here. After that, we will have 10- SANDERS). Are there any other Sen- The PRESIDING OFFICER. Without minute votes. I ask unanimous consent ators in the Chamber desiring to vote? objection, it is so ordered. that all subsequent votes be 10 minutes The yeas and nays resulted—yeas 44, (The foregoing tally has been and the first one 15 minutes. nays 54, as follows: changed to reflect the above order.)

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.053 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1527 AMENDMENT NO. 1825 distributed funding for the Secure by the Forest Service, will result in The PRESIDING OFFICER. There is Rural Schools and Community Self-De- timely elections for the remainder of now 2 minutes of debate, equally di- termination Act, which provides pay- the Secure Rural Schools Program. vided, prior to a vote in relation to the ments to more than 700 counties in 42 Nevertheless, if a Governor does fail Baucus amendment No. 1825. States for public roads, schools, and to submit an election for any county, The Senator from Montana. collaborative forest restoration the amendment provides that the coun- (Purpose: To reauthorize for 1 year the Se- projects. In addition and for the first ty will be presumed to have elected to cure Rural Schools and Community Self- time in many years it fully funded the expend 80 percent of its funding Determination Act of 2000 and to provide Payments in Lieu of Taxes Program, through title I. As with the $2.5 million full funding for the Payments in Lieu of which provides payments to 1,850 local provided to the counties that missed Taxes program for 1 year, and for other governments in 49 States, the District the fiscal year 2011 deadline, the re- purposes) of Columbia, Puerto Rico, Guam, and mainder of the county’s payment Mr. BAUCUS. Mr. President, I call up the Virgin Islands. Both programs have would go to the Secretary concerned amendment No. 1825. provided a life line for struggling rural for the purpose of entering into and im- The PRESIDING OFFICER. The counties around the country during the plementing cooperative agreements clerk will report. recent recession. with willing Federal agencies, State The bill clerk read as follows: In October of 2011, I introduced the and local governments, private and The Senator from Montana [Mr. BAUCUS], County Payment Reauthorization Act nonprofit entities, and landowners for for himself, Mr. BINGAMAN, Mr. WYDEN, Mr. of 2011 to extend the benefits of the protection, restoration, and enhance- MERKLEY, and Mr. TESTER, proposes an county payments programs we funded ment of fish and wildlife habitat, and amendment numbered 1825. in 2008 for another 5 years. That bill, S. other resource objectives consistent (The amendment is printed in today’s 1687, currently has 32 cosponsors, in- with the purposes of the act on Federal RECORD under ‘‘Text of Amendments.’’) cluding 8 Republicans and an Inde- land and on non-Federal land in the Mr. BAUCUS. Mr. President, I ask for pendent. Congressman HEINRICH has in- county where projects would benefit the yeas and nays. troduced a companion measure in the the resources on Federal land. Again, The PRESIDING OFFICER. Is there a House: H.R. 3599. our expectation is that the Secretary sufficient second? Today, I would like to express my will work closely and collaboratively There appears to be a sufficient sec- support for Senator BAUCUS’s amend- with such counties and, where they ond. ment No. 1825 to extend funding for the exist, their resource advisory commit- The yeas and nays were ordered. two programs by 1 year. Many of us be- tees, in spending that money. Mr. BAUCUS. Mr. President, I ask lieve that a multiyear extension is We also have added a provision to unanimous consent that Senators critical to provide the budgetary cer- title II to permit resource advisory CRAPO and RISCH be added as cospon- tainty that our rural counties need, so committees to expend not more than 10 sors to this amendment. it is unfortunate that we could not get percent of project funds on administra- The PRESIDING OFFICER. Without sufficient bipartisan support to move tive expenses if they so choose. That objection, it is so ordered. forward with a multiyear extension. amendment provides additional flexi- Mr. BAUCUS. Mr. President, this is a In addition to important funding, the bility to allow the committees to oper- very simple amendment. It com- amendment would make a few im- ate more effectively and efficiently. pensates counties that have the lack of provements to the Secure Rural I would like to thank Senator BAU- a private land base; that is, counties Schools and Community Self-Deter- CUS for his leadership in putting to- that do not have the ability to collect mination Act that we have developed gether the necessary offsets for this property taxes because of Federal land. on a bipartisan basis. important amendment and Senator This revenue goes to schools, it goes to In fiscal year 2011, it appears that a MURKOWSKI for her cooperation in de- number of counties in five States failed jobs and roads. I might add, in the veloping the authorizing provisions to submit elections by the date re- State of Oregon, 20 percent goes to that are included in the amendment. highway spending. This is the highway quired by section 102(d)(3)(A) of the act. I yield the floor. bill. It has been supported strongly in The result was that approximately $2.5 The PRESIDING OFFICER. Who the past by this body. The offset has million in title II and III funding was yields time? been worked out. returned to the Treasury, as required Mr. CRAPO. I yield back our time. I strongly urge my colleagues to sup- by the act. At least some of the coun- port it. This is a good, solid program. ties had compelling reasons for failing The PRESIDING OFFICER. Time is I yield the remainder of my time to to make a timely election, and the yielded back. The question is on agreeing to my colleague from Oregon, Mr. WYDEN. amendment provides $2.5 million to the Mr. WYDEN. Mr. President, the Bau- Secretary of Agriculture to carry out amendment No. 1825. cus amendment is a lifeline for rural projects in those counties consistent The yeas and nays have been ordered. America, particularly for the West and with the purpose of the authorized uses The clerk will call the roll. the South, where the Federal Govern- of title II project funds. Since some The assistant bill clerk called the ment owns so much of our land. This counties don’t participate in title II roll. money is absolutely essential to keep projects, such projects would not be Mr. KYL. The following Senators are school doors open, to keep cops out subject to other specific requirements necessarily absent: the Senator from there protecting our people, and to pro- of title II. However, they are intended Illinois (Mr. KIRK) and the Senator vide for our roads program. This pro- to be carried out consistent with the from South Dakota (Mr. THUNE). gram has always been bipartisan since spirit of title II, which emphasizes col- The PRESIDING OFFICER. Are there the days when our former colleague laborative forest projects. Our expecta- any other Senators in the Chamber de- Senator Craig and I authored it. tion is that the Secretary will work siring to vote? I urge my colleagues to support closely and collaboratively with those The result was announced—yeas 82, Chairman BAUCUS on this amendment counties in spending that money to nays 16, as follows: to provide a lifeline to rural America. further the purposes reflected in those [Rollcall Vote No. 29 Leg.] Mr. BINGAMAN. Mr. President, in counties’ untimely elections. YEAS—82 2008, Congress passed the Emergency To avoid such problems going for- Alexander Brown (MA) Crapo Economic Stabilization Act of 2008, ward, the amendment requires the Gov- Ayotte Burr Durbin which established the Troubled Asset ernor of each eligible State as opposed Barrasso Cantwell Enzi Baucus Casey Feinstein Relief Program. That act also included to each of the more than 700 counties Begich Chambliss Franken a historic 5-year program to fund two to formally submit title I, II, and III Bennet Coats Gillibrand important programs that support rural elections for all of their eligible coun- Bingaman Cochran Graham counties across the country. ties by no later than September 30 of Blumenthal Collins Grassley Blunt Conrad Hagan The county payments program in- each fiscal year. Our hope is that this Boozman Coons Hatch cluded increased and more equitably change, along with improved outreach Boxer Cornyn Heller

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.069 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1528 CONGRESSIONAL RECORD — SENATE March 8, 2012 Hoeven McCaskill Schumer Clean Air Act is make sure we don’t tion to the Coburn amendment No. Hutchison McConnell Sessions have too much arsenic in the air or too 1738. Inhofe Menendez Shaheen Inouye Merkley Shelby much chromium, lead, or mercury. The Senator from Oklahoma. Isakson Murkowski Snowe These are devastating toxics, espe- Mr. COBURN. Mr. President, this Johanns Murray Stabenow cially to our children. amendment is very similar to an Johnson (SD) Nelson (NE) Tester The manufacturers of boilers say amendment we voted on in the small Kerry Nelson (FL) Udall (CO) Klobuchar Portman there will be many jobs created. I sub- Udall (NM) business bill which passed 64 to 30- Kohl Pryor mit this letter for the RECORD. They Vitter something—I can’t remember the exact Landrieu Reed Warner say anyone who tells us otherwise is number. It is very straightforward. We Lautenberg Reid not a boiler manufacturer and doesn’t Leahy Risch Webb ask the OMB to look at the two most Lee Roberts Whitehouse know what they are talking about. recent GAO reports, combine $10 billion Wicker Levin Rockefeller Senator WYDEN, an original cosponsor, worth of savings, and send back to us a Lugar Rubio Wyden is off this bill because the EPA has Manchin Sanders recommendation so that we can, in worked with him and managed to an- fact, accomplish that purpose. NAYS—16 swer his concerns. The GAO is showing us exactly where Akaka DeMint Mikulski Please vote no on this amendment. we need to go in terms of saving Brown (OH) Harkin Moran Ms. COLLINS. Mr. President, I ask money. We are involving the executive Cardin Johnson (WI) Paul for the yeas and nays. Carper Kyl Toomey The PRESIDING OFFICER. Is there a branch in that. They also have other Coburn Lieberman plans they are working on and on Corker McCain sufficient second? There is a sufficient second. which I am trying to work with the ad- NOT VOTING—2 The question is on agreeing to the ministration. Kirk Thune amendment. If you want to pick up the difference The PRESIDING OFFICER. Under The clerk will call the roll. between what we really need to do for the previous order requiring 60 votes The bill clerk called the roll. infrastructure in this country, the best for the adoption of this amendment, Mr. KYL. The following Senators are way to do it is to support this amend- the amendment is agreed to. necessarily absent: the Senator from ment and go for another $10 billion in Mr. BAUCUS. Mr. President, I move Illinois (Mr. KIRK) and the Senator infrastructure. to reconsider the vote. from South Dakota (Mr. THUNE). I yield the floor. Mrs. BOXER. I move to lay that mo- The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Who any other Senators in the Chamber de- tion upon the table. yields time? siring to vote? The motion to lay upon the table was The Senator from Hawaii. The result was announced—yeas 52, agreed to. Mr. INOUYE. Madam President, last nays 46, as follows: September we rightly rejected a AMENDMENT NO. 1660 [Rollcall Vote No. 30 Leg.] Coburn amendment not much different The PRESIDING OFFICER. There is YEAS—52 from this one. Senator COBURN claims now 2 minutes of debate prior to a vote Alexander Grassley Moran that the purpose of this amendment is in relation to the Collins amendment Ayotte Hatch Murkowski to reduce duplication, but in reality it No. 1660. Barrasso Heller Nelson (NE) would just give a $10 billion reduction Mr. BAUCUS. Mr. President, I ask Blunt Hoeven Paul Boozman Hutchison in discretionary caps regardless of unanimous consent that Senator MUR- Portman Burr Inhofe Pryor whether there actually is $10 billion in KOWSKI be added as a cosponsor to the Casey Isakson Risch discretionary savings. In addition, preceding amendment. Chambliss Johanns Roberts Coats Johnson (WI) there is an existing rescission author- The PRESIDING OFFICER. Without Rubio Coburn Kohl Sessions ity in place, thus making this amend- objection, it is so ordered. Cochran Kyl Shelby ment on reducing duplication redun- The Senator from Maine is recog- Collins Landrieu Snowe dant. nized. Corker Lee Cornyn Stabenow This amendment is a backdoor at- Ms. COLLINS. Mr. President, this is Lugar Crapo Manchin Toomey tempt to lower discretionary spending a very modest bipartisan amendment. DeMint Vitter McCain caps agreed to by the Budget Control It simply gives the EPA more time to Enzi McCaskill Wicker Act. So we should not violate the BCA, get these regulations right, and our Graham McConnell and I urge a ‘‘no’’ vote. struggling manufacturers will get more NAYS—46 Mr. REID. I ask for the yeas and time to comply with them. It is a false Akaka Franken Nelson (FL) nays. choice to say that this is the environ- Baucus Gillibrand Reed The PRESIDING OFFICER. Is there a ment versus the economy. We can have Begich Hagan Reid Bennet Harkin Rockefeller sufficient second? There is a sufficient both. Bingaman Inouye Sanders second. If this amendment is not adopted and Blumenthal Johnson (SD) Schumer The question is on agreeing to the the current regulations go into effect, Boxer Kerry Shaheen Brown (MA) Klobuchar Tester amendment. the estimates are that they will cost Brown (OH) Lautenberg Udall (CO) The clerk will call the roll. Cantwell Leahy manufacturers $14 billion to comply, Udall (NM) Cardin Levin The legislative clerk called the roll. and we will lose 200,000 manufacturing Warner Carper Lieberman Mr. KYL. The following Senators are jobs at a time when we can least afford Webb Conrad Menendez necessarily absent: the Senator from it. All we are asking is for more time Coons Merkley Whitehouse Illinois (Mr. KIRK) and the Senator to get these regulations right. Durbin Mikulski Wyden from South Dakota (Mr. THUNE). I urge support for the amendment, Feinstein Murray The PRESIDING OFFICER. Are there and I yield the floor. NOT VOTING—2 any other Senators in the Chamber de- The PRESIDING OFFICER. The Sen- Kirk Thune siring to vote? ator from California. The PRESIDING OFFICER. Under The result was announced—yeas 52, Mrs. BOXER. Mr. President, what we the previous order requiring 60 votes nays 46, as follows: do here makes a difference in people’s for the adoption of this amendment, [Rollcall Vote No. 31 Leg.] lives. We have peer-reviewed studies the amendment is rejected. that show if the Collins amendment Mrs. BOXER. Mr. President, I move YEAS—52 passes and we go back to square one, to reconsider the vote and to lay that Alexander Coats Graham Ayotte Coburn Grassley we will see 8,100 premature deaths per motion on the table. Barrasso Cochran Hatch year, 5,100 heart attacks per year, The motion to lay on the table was Baucus Collins Heller 52,000 cases of aggravated asthma, agreed to. Blunt Corker Hoeven Boozman Cornyn Hutchison and—talk about jobs—400,000 lost AMENDMENT NO. 1738 Brown (MA) Crapo Inhofe workdays per year. Why is that? What There is now 2 minutes of debate Burr DeMint Isakson the EPA is trying to do under the equally divided prior to a vote in rela- Chambliss Enzi Johanns

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.009 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1529 Johnson (WI) Moran Shelby Illinois (Mr. KIRK) and the Senator nesses, the well-being of all our com- Klobuchar Murkowski Snowe from South Dakota (Mr. THUNE). munities. I urge my colleagues to sup- Kyl Nelson (NE) Stabenow Lee Paul Tester The PRESIDING OFFICER. Are there port the amendment. Lugar Portman Toomey any other Senators in the Chamber de- The PRESIDING OFFICER. The Sen- Manchin Risch Vitter siring to vote? ator from North Dakota. McCain Roberts Wicker McCaskill Rubio The result was announced—yeas 76, Mr. HOEVEN. I rise in opposition to McConnell Sessions nays 22, as follows: this amendment. The Keystone XL NAYS—46 [Rollcall Vote No. 32 Leg.] Pipeline will bring more than 830,000 Akaka Gillibrand Nelson (FL) YEAS—76 barrels a day of crude oil from Canada Begich Hagan Pryor Akaka Franken Nelson (NE) and also from States like mine, such as Bennet Harkin Reed Alexander Gillibrand Nelson (FL) North Dakota and Montana. We need Bingaman Inouye Reid Ayotte Hagan Portman that crude oil rather than relying on Blumenthal Johnson (SD) Rockefeller Baucus Harkin Pryor the Middle East. Boxer Kerry Sanders Begich Hoeven Reed Brown (OH) Kohl Schumer Bennet Hutchison Reid This is a vote to block the project. Cantwell Landrieu Shaheen Bingaman Inhofe Roberts Make no mistake, this not only re- Cardin Lautenberg Udall (CO) Blumenthal Inouye Rockefeller quires the TransCanada start-over, it Carper Leahy Blunt Isakson Udall (NM) Sanders 1 Casey Levin Boozman Johnson (SD) says start over after 3 ⁄2 years. What Warner Schumer Conrad Lieberman Boxer Kerry 1 Webb does that mean, another 3 ⁄2 years be- Coons Menendez Brown (MA) Klobuchar Sessions Whitehouse fore they can go forward? And it adds Durbin Merkley Brown (OH) Kohl Shaheen Wyden Feinstein Mikulski Cantwell Landrieu Shelby additional impediments to the project. Franken Murray Cardin Lautenberg Snowe With gasoline prices going up every Stabenow NOT VOTING—2 Carper Leahy day, we need more supply, we need it Casey Levin Tester from Canada, we need it from North Kirk Thune Chambliss Lieberman Udall (CO) Dakota and Montana, not from the The PRESIDING OFFICER (Mrs. Cochran Manchin Udall (NM) Collins McCaskill Vitter Middle East. SHAHEEN). Under the previous order re- Conrad Menendez Warner Please vote no on this amendment quiring 60 votes for the adoption of this Coons Merkley Webb and yes on the next one, which will amendment, the amendment is re- Cornyn Mikulski Whitehouse allow us to move forward for American jected. Crapo Moran Wicker Durbin Murkowski Wyden workers, American consumers, for our AMENDMENT NO. 1822 Feinstein Murray businesses, for our economy, and for The PRESIDING OFFICER. Under NAYS—22 national security. the previous order, there is now 2 min- Barrasso Grassley McCain The PRESIDING OFFICER. All time utes of debate, equally divided, prior to Burr Hatch McConnell has expired. a vote in relation to the Nelson- Coats Heller Paul The question is on agreeing to Shelby-Landrieu amendment No. 1822. Coburn Johanns Risch The Senator from Florida. Corker Johnson (WI) Rubio amendment No. 1817. Mr. NELSON of Florida. Madam DeMint Kyl Toomey Mr. WYDEN. I ask for the yeas and Enzi Lee nays. President, we are going to divide 1 Graham Lugar The PRESIDING OFFICER. Is there a minute; 15 seconds here, 15 seconds NOT VOTING—2 there, and 30 seconds for Senator sufficient second? Kirk Thune SHELBY. There is a sufficient second. I will just say this is the BP fine The PRESIDING OFFICER: Under The clerk will call the roll. money to come back and restore the the previous order requiring 60 votes The legislative clerk called the roll. Gulf of Mexico and people who earn for adoption of this amendment, the Mr. KYL. The following Senators are their living from the gulf. amendment is agreed to. necessarily absent: the Senator from Ms. LANDRIEU. Madam President, Mrs. BOXER. Madam President, I Illinois (Mr. KIRK) and the Senator this money will be shared with all the move to reconsider the vote by which from South Dakota (Mr. THUNE). States. It is appropriate new money the amendment was agreed to. The PRESIDING OFFICER. Are there paid by BP—not taxpayer money—to Ms. LANDRIEU. I move to lay that any other Senators in the Chamber de- the Gulf. motion on the table. siring to vote? Let me thank Senators BOXER, The motion to lay on the table was The result was announced—yeas 33, WHITEHOUSE, and BAUCUS for their ex- agreed to. nays 65, as follows: traordinary help on our side and thank AMENDMENT NO. 1817 [Rollcall Vote No. 33 Leg.] Senator SHELBY. The PRESIDING OFFICER. Under YEAS—33 I don’t know if Senator VITTER wants the previous order, there will be 2 min- Bingaman Franken Merkley to say a word. utes of debate equally divided prior to Blumenthal Harkin Mikulski Mr. VITTER. Madam President, I a vote on amendment No. 1817, offered Boxer Inouye Murray urge support of this amendment. It is by the Senator from Oregon, Mr. Brown (OH) Johnson (SD) Nelson (FL) Cantwell Klobuchar Reid bipartisan. WYDEN. This concept is supported by multiple Cardin Kohl Rockefeller The Senator from Oregon. Carper Lautenberg Schumer outside groups, as well as the adminis- Mr. WYDEN. Madam President, this Conrad Levin Stabenow tration, and it is fully offset. It does Coons Lieberman Tester amendment ensures that the Keystone Durbin McCaskill Udall (NM) not increase the deficit. Pipeline is built by American workers The PRESIDING OFFICER. Who Feinstein Menendez Wyden using American steel; that our priority yields time in opposition? NAYS—65 is reasonably priced energy for Amer- Mr. REID. I yield back all time. ican families and American businesses, Akaka Corker Kerry The PRESIDING OFFICER. The Alexander Cornyn Kyl question is on agreeing to the amend- rather than their Chinese competitors. Ayotte Crapo Landrieu ment. It contains an expedited approval proc- Barrasso DeMint Leahy ess so that when air and water and en- Baucus Enzi Lee Mrs. BOXER. I ask for the yeas and Begich Gillibrand Lugar nays. vironmental laws are complied with, Bennet Graham Manchin The PRESIDING OFFICER. Is there a the pipeline application must be ap- Blunt Grassley McCain proved within 90 days. Put simply, Boozman Hagan McConnell sufficient second? Brown (MA) Hatch Moran There is a sufficient second. when you build a pipeline that is 2,000 Burr Heller Murkowski The clerk will call the roll. miles across the Nation, our challenge Casey Hoeven Nelson (NE) The assistant legislative clerk called is to do it right. Chambliss Hutchison Paul the roll. Madam President, there are two al- Coats Inhofe Portman Coburn Isakson Pryor Mr. KYL. The following Senators are ternatives. This one gives us a chance Cochran Johanns Reed necessarily absent: the Senator from to do it right for our workers, our busi- Collins Johnson (WI) Risch

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.011 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1530 CONGRESSIONAL RECORD — SENATE March 8, 2012 Roberts Shelby Warner more in annual revenue from the high- have on this bill—Senators BOXER and Rubio Snowe Webb er prices they can tap once their oil INHOFE. They have done a remarkably Sanders Toomey Whitehouse Sessions Udall (CO) Wicker reaches the gulf coast. It competes at good job. Shaheen Vitter the same price as other oil supplies on We have a locked-in set of amend- NOT VOTING—2 the global market—no protection for ments now. There is no reason to work into the night. We have had a good Kirk Thune workers, no protection on the environ- ment, and, I believe, higher prices for week. We will have a good week next The PRESIDING OFFICER. Under American businesses and American week, and I wish everyone a good the previous order requiring 60 votes consumers. break. for the adoption of this amendment, I urge my colleagues to vote no on MOTION TO WAIVE the amendment is rejected. the amendment. The PRESIDING OFFICER. Under The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The the previous order, there will now be 2 ator from Massachusetts. question is on agreeing to amendment minutes of debate, equally divided, CHANGE OF VOTE No. 1537. prior to the vote on the motion to Mr. KERRY. Mr. President, on roll- Mr. HOEVEN. I ask for the yeas and waive all applicable budget points of call vote No. 33, the Wyden amendment nays. order. No. 1817, I mistakenly voted aye and The PRESIDING OFFICER. Is there a Mrs. BOXER. Mr. President, col- meant to vote no. It will not change sufficient second? There appears to be leagues, we must waive the Budget Act the outcome. I ask unanimous consent a sufficient second. in order to continue working on this that my vote be reflected as a no. The clerk will call the roll. bill. My friend from Tennessee will tell The PRESIDING OFFICER. Without The assistant legislative clerk called you otherwise. This bill is 100 percent objection, it is so ordered. the roll. paid for. The CBO score actually shows (The foregoing tally has been Mr. KYL. The following Senators are a $5 billion surplus over the next 10 changed to reflect the above order.) necessarily absent: the Senator from years. AMENDMENT NO. 1537 Illinois (Mr. KIRK) and the Senator How is it paid for? I can tell you, my IM NHOFE The PRESIDING OFFICER. There is from South Dakota (Mr. THUNE). friend J I made sure it would now 2 minutes of debate equally di- The PRESIDING OFFICER (Mr. be paid for, and we agreed on it. Through the highway trust fund, plus vided prior to a vote in relation to MANCHIN). Are there any other Sen- amendment No. 1537, offered by the ators in the Chamber desiring to vote? the bipartisan work of the Finance Senator from North Dakota, Mr. The result was announced—yeas 56, Committee, we have filled this trust HOEVEN. nays 42, as follows: fund to cover this bill. The Senator from North Dakota. Mr. President, 2.8 million jobs hang [Rollcall Vote No. 34 Leg.] in the balance. All the work we did Mr. HOEVEN. Madam President, I YEAS—56 rise to speak in support of this amend- today hangs in the balance. We need 60 Alexander DeMint ment which would authorize the Key- McCaskill votes. So if one is for the Transpor- Ayotte Enzi McConnell tation bill, please vote aye so we can stone XL Pipeline project to move for- Barrasso Graham Moran ward. It provides an authorization Baucus Grassley Murkowski continue our work next week. Begich Hagan I thank the Chair. after more than 31⁄2 years of study. It Paul Blunt Hatch The PRESIDING OFFICER. The Sen- incorporates all of the safeguards that Portman Boozman Heller Pryor ator from Tennessee. have been developed through the envi- Brown (MA) Hoeven Risch Burr Hutchison Mr. CORKER. Mr. President, let me ronmental impact statement process Roberts Casey Inhofe first say I am a very strong supporter Rubio with both EPA and the Department of Chambliss Isakson Sessions of a highway bill and of infrastructure State, and it allows whatever time may Coats Johanns but also believe we should have integ- be necessary for rerouting in Nebraska. Coburn Johnson (WI) Shelby Snowe rity as it relates to this issue of spend- So it addresses the concerns that have Cochran Kyl Collins Landrieu Tester ing. been raised as far as the environmental Conrad Lee Toomey Last August, the world and the coun- Vitter impact statement but authorizes the Corker Lugar try watched as our Nation almost came project to proceed. Cornyn Manchin Webb Crapo McCain Wicker to a halt, and we agreed, in order to This project will bring 830,000 barrels raise the debt ceiling, we would pass NAYS—42 a day of crude to our refineries, as I the Budget Control Act, which puts mentioned earlier, not only from Can- Akaka Harkin Nelson (NE) strict limitations on spending for last ada but from my home State of North Bennet Inouye Nelson (FL) Bingaman Johnson (SD) Reed year and this year. We are making a Dakota, as well as from Montana. This Blumenthal Kerry Reid mockery of what happened during that is about not only producing more en- Boxer Klobuchar Rockefeller time if we waive this Budget Control Brown (OH) Kohl Sanders ergy both at home and with our closest Act point of order that I have put in friend and ally, Canada, but it is also Cantwell Lautenberg Schumer Cardin Leahy Shaheen place. about national security. It is about re- Carper Levin Stabenow Basically, what we have said—and we ducing our dependence on oil from the Coons Lieberman Udall (CO) have had all kinds of Senators on both Middle East. Durbin Menendez Udall (NM) Feinstein Merkley Warner sides of the aisle who have focused on The PRESIDING OFFICER. The Sen- Franken Mikulski Whitehouse the deficit issue in good faith, but what ator’s time has expired. Gillibrand Murray Wyden we basically are saying is we cannot Mr. HOEVEN. I urge my colleagues’ NOT VOTING—2 make it 7 months without violating the strong support for this amendment on Kirk Thune Budget Control Act which we put in behalf of American workers and con- place to create discipline in this body. sumers. The PRESIDING OFFICER. Under I urge a ‘‘no’’ vote on waiving this The PRESIDING OFFICER. The Sen- the previous order requiring 60 votes motion. ator from Oregon. for the adoption of this amendment, The PRESIDING OFFICER. The Sen- Mr. WYDEN. Madam President, I the amendment is rejected. ator from Oklahoma. urge opposition to this amendment. I The PRESIDING OFFICER. The ma- Mr. INHOFE. Mr. President, I ask wish to outline just very briefly why. jority leader is recognized. unanimous consent for 30 seconds. First, under this amendment the oil Mr. REID. Mr. President, it is 4:15 The PRESIDING OFFICER. Without is not going to be going to the United p.m. We have a matter that I believe objection, it is so ordered. States. This oil is going to be going to will be decided by voice in just a few Mr. INHOFE. Mr. President, I have the export market, and the Trans- minutes. This will be the last vote had rankings as the most conservative Canada application to the Canadian until Tuesday, when we finish this bill. Member of this body many times, and I Government showed this beyond any I appreciate everyone’s cooperation. I have often said there are two areas question. The Canadian oil companies have talked before about how fortunate where I am a big spender: one is na- expect to reap as much as $3.9 billion we are to have the two managers we tional defense, one is infrastructure.

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.013 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1531 We desperately need this bill. It is in- The result was announced—yeas 66, I ask unanimous consent to set aside teresting to me that so many of my nays 31, as follows: the pending amendment and I call up good friends—and they are friends, in- [Rollcall Vote No. 35 Leg.] my amendment No. 1818. cluding the Senator from Tennessee— YEAS—66 The PRESIDING OFFICER. Without will vote as they did back in 2008 for objection, it is so ordered. Akaka Franken Mikulski $700 billion for a bailout and then Alexander Gillibrand Murray The clerk will report. something such as this comes up and Baucus Hagan Nelson (NE) The assistant legislative clerk read somehow this is an excuse to kill the Begich Harkin Nelson (FL) as follows: Bennet Heller Pryor bill. You can kill the bill and we can go Bingaman Hoeven Reed The Senator from Michigan [Mr. LEVIN], back and start all over again. I wish Blumenthal Hutchison Reid for himself and Mr. CONRAD, proposes an and I think the Finance Committee is Blunt Inhofe Rockefeller amendment numbered 1818. going to come up with something that Boozman Inouye Sanders Boxer Johnson (SD) Schumer The amendment is as follows: is going to allow us to get this done by Brown (MA) Kerry Shaheen (Purpose: To authorize special measures the time we get into conference. Brown (OH) Klobuchar Shelby against foreign jurisdictions, financial in- Cantwell Kohl Snowe I urge my conservative friends par- stitutions, and others that significantly ticularly to go ahead and vote for the Cardin Landrieu Stabenow Carper Lautenberg Tester impede United States tax enforcement) highway bill. Casey Leahy Udall (CO) At the end, add the following: The PRESIDING OFFICER. The Sen- Cochran Levin Udall (NM) ator’s time has expired. Collins Lieberman Vitter TITLE lll—STOP TAX HAVEN ABUSE The Senator from Tennessee. Conrad Manchin Webb SEC. llllll. AUTHORIZING SPECIAL MEAS- Coons McCaskill Whitehouse Mr. CORKER. Just 30 seconds. URES AGAINST FOREIGN JURISDIC- Durbin Menendez Wicker TIONS, FINANCIAL INSTITUTIONS, The PRESIDING OFFICER. The time Feinstein Merkley Wyden AND OTHERS THAT SIGNIFICANTLY has expired. IMPEDE UNITED STATES TAX EN- NAYS—31 The Senator asks for 30 seconds. FORCEMENT. Without objection, it is so ordered. Ayotte Graham Moran Section 5318A of title 31, United States Barrasso Grassley Murkowski Code, is amended— Mr. CORKER. Mr. President, the fact Burr Hatch Portman (1) by striking the section heading and in- is, the amount of money it would take Chambliss Isakson Risch serting the following: to not have a budget point of order is Coats Johanns Roberts so small that we ought to just offset Coburn Johnson (WI) Rubio ‘‘§ 5318A. Special measures for jurisdictions, Corker Kyl discretionary caps for this year by the Sessions financial institutions, or international Cornyn Lee Toomey Crapo Lugar transactions that are of primary money amount we are spending above that for Warner this highway bill. DeMint McCain laundering concern or significantly impede United States tax enforcement’’; It is ludicrous that we cannot set pri- Enzi McConnell (2) in subsection (a), by striking the sub- orities in a way that calls us to live NOT VOTING—3 section heading and inserting the following: within the Budget Control Act and Kirk Paul Thune ‘‘(a) SPECIAL MEASURES TO COUNTER MONEY break it within 7 months of passing it The PRESIDING OFFICER. On this LAUNDERING AND EFFORTS TO SIGNIFICANTLY and break faith with the American peo- vote, the yeas are 66, the nays are 31. IMPEDE UNITED STATES TAX ENFORCEMENT.— ple. Three-fifths of the Senators duly cho- ’’; I yield the floor. (3) in subsection (c)— Several Senators addressed the sen and sworn having voted in the af- (A) by striking the subsection heading and Chair. firmative, the motion is agreed to and inserting the following: The PRESIDING OFFICER. The Sen- the point of order fails. ‘‘(c) CONSULTATIONS AND INFORMATION TO ator from Oklahoma. The PRESIDING OFFICER. The Sen- BE CONSIDERED IN FINDING JURISDICTIONS, IN- Mr. INHOFE. I would note— ator from California. STITUTIONS, TYPES OF ACCOUNTS, OR TRANS- The PRESIDING OFFICER. The Sen- Mrs. BOXER. Mr. President, I thank ACTIONS TO BEOFPRIMARY MONEY LAUN- my colleagues. Most of them have DERING CONCERN OR TO BE SIGNIFICANTLY IM- ator’s time has expired. PEDING UNITED STATES TAX ENFORCEMENT.— Mr. INHOFE. Mr. President, I ask gone, but I feel it is important that the ’’; and unanimous consent for 10 seconds. RECORD reflect this last vote that we (B) by inserting at the end of paragraph (2) The PRESIDING OFFICER. Without had. Basically, it was a vote to undo thereof the following new subparagraph: objection, it is so ordered. everything we worked so hard on all ‘‘(C) OTHER CONSIDERATIONS.—The fact that Mr. INHOFE. We do not have Senator day. It was basically a backdoor way of a jurisdiction or financial institution is co- THUNE here, who is doing a great job in killing the transportation bill—a bill operating with the United States on imple- the Finance Committee. Unfortu- that is fiscally responsible. It is at cur- menting the requirements specified in chap- nately, his mother died and he is not rent levels plus inflation fully paid for. ter 4 of the Internal Revenue Code of 1986 may be favorably considered in evaluating here. We would be able to sit down and Senator INHOFE and I agreed at the out- whether such jurisdiction or financial insti- solve this problem and not delay this set in the EPW Committee we would tution is significantly impeding United bill. Right now it is set up so we can only support a bill that was fully paid States tax enforcement.’’; have a highway bill. for. (4) in subsection (a)(1), by inserting ‘‘or is This could kill it. I hope folks will I was honored that we got so many significantly impeding United States tax en- talk to their people at home. You can- Republican votes on that. I am looking forcement’’ after ‘‘primary money laun- not do it before this vote, but after- forward to next week when we get this dering concern’’; (5) in subsection (a)(4)— wards I might suggest you do that. done. I understand the Senator from Mr. COBURN. Mr. President, I ask (A) in subparagraph (A)— Michigan has something he wants to (i) by inserting ‘‘in matters involving for the yeas and nays. get accomplished by a voice vote. I ask money laundering,’’ before ‘‘shall consult’’; The PRESIDING OFFICER. Is there a unanimous consent that he be able to and sufficient second? explain that so that we can continue (ii) by striking ‘‘and’’ at the end; There is a sufficient second. making progress, and then he will yield (B) by redesignating subparagraph (B) as The question is on agreeing to the the floor to the Republican side. subparagraph (C); and motion. The PRESIDING OFFICER. Without (C) by inserting after subparagraph (A) the The clerk will call the roll. following: objection, it is so ordered. The Senator The legislative clerk called the roll. ‘‘(B) in matters involving United States Mr. KYL. The following Senators are from Michigan. tax enforcement, shall consult with the Com- necessarily absent: the Senator from AMENDMENT NO. 1818 missioner of the Internal Revenue, the Sec- retary of State, the Attorney General of the Illinois (Mr. KIRK), the Senator from Mr. LEVIN. Mr. President, the next item on the unanimous consent agree- United States, and in the sole discretion of Kentucky (Mr. PAUL) and the Senator the Secretary, such other agencies and inter- from South Dakota (Mr. THUNE). ment is my amendment No. 1818. It is ested parties as the Secretary may find to be The PRESIDING OFFICER. Are there my understanding now that this appropriate; and’’; any other Senators in the Chamber de- amendment can be adopted by a voice (6) in each of paragraphs (1)(A), (2), (3), and siring to vote? vote. It has been cleared for that. (4) of subsection (b), by inserting ‘‘or to be

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.066 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1532 CONGRESSIONAL RECORD — SENATE March 8, 2012 significantly impeding United States tax en- Mr. LEVIN. Mr. President, I move to States. The Levin-Conrad amendment forcement’’ after ‘‘primary money laun- reconsider the vote and I move to lay is modeled on the successful provision dering concern’’ each place that term ap- that motion on the table. in the Patriot Act now used to combat pears; The motion to lay on the table was foreign financial institutions and juris- (7) in subsection (b), by striking paragraph (5) and inserting the following: agreed to. dictions engaged in money laundering. Mr. LEVIN. Mr. President, I will use Under section 311 of the Patriot Act, ‘‘(5) PROHIBITIONS OR CONDITIONS ON OPEN- ING OR MAINTAINING CERTAIN CORRESPONDENT 3 minutes to very briefly explain. Treasury can take a range of measures OR PAYABLE-THROUGH ACCOUNTS OR AUTHOR- Under the PATRIOT Act, Congress against foreign financial institutions IZING CERTAIN PAYMENT CARDS.—If the Sec- gave the Treasury the power to take a or jurisdictions that it finds to be of retary finds a jurisdiction outside of the range of measures against foreign fi- ‘‘primary money laundering concern.’’ United States, 1 or more financial institu- nancial institutions, or jurisdictions The Levin-Conrad amendment would tions operating outside of the United States, that are defined as being of primary authorize Treasury to impose the same or 1 or more classes of transactions within or money-laundering concerns. types of measures on the same types of involving a jurisdiction outside of the United The Levin-Conrad amendment just States to be of primary money laundering entities if Treasury finds them to be concern or to be significantly impeding adopted would authorize the Treasury ‘‘significantly impeding U.S. tax en- United States tax enforcement, the Sec- to impose the same types of measures forcement.’’ Treasury could, for exam- retary, in consultation with the Secretary of on the same types of entities if Treas- ple, prohibit U.S. banks from accepting State, the Attorney General of the United ury finds them to be impeding U.S. tax wire transfers or honoring credit cards States, and the Chairman of the Board of enforcement. This amendment had from those foreign banks. The provi- Governors of the Federal Reserve System, been the subject of a bill for a number sion would not require Treasury to act; may prohibit, or impose conditions upon— of years, and it comes out of the hear- it would give Treasury the authority ‘‘(A) the opening or maintaining in the ings of the Permanent Subcommittee United States of a correspondent account or and discretion to take action against payable-through account; or on Investigations, which I chair. Those foreign jurisdictions or banks that are ‘‘(B) the authorization, approval, or use in investigation show each year the facilitating U.S. tax evasion and tax the United States of a credit card, charge United States loses tens of billions of avoidance. card, debit card, or similar credit or debit fi- dollars in tax revenue from people Over the last several days, we have nancial instrument by any domestic finan- using offshore tax havens to dodge U.S. worked with the administration and cial institution, financial agency, or credit tax obligations, including through hid- others to improve our amendment. We card company or association, for or on behalf den accounts at tax haven banks. We have made changes to clarify that it of a foreign banking institution, if such cor- issued a lengthy, bipartisan report in covers significant impediments to tax respondent account, payable-through ac- count, credit card, charge card, debit card, or the subcommittee. We detailed case enforcement, and that foreign jurisdic- similar credit or debit financial instrument, history involving tax haven banks that tions and financial institutions that involves any such jurisdiction or institution, help thousands of U.S. clients dodge are complying with the Foreign Ac- or if any such transaction may be conducted their U.S. taxes, banks that used a long count Tax Compliance Act will be through such correspondent account, pay- list of secrecy tricks that make it viewed favorably with respect to their able-through account, credit card, charge nearly impossible for U.S. tax authori- level of assistance with our tax en- card, debit card, or similar credit or debit fi- ties to trace funds sent to them off- forcement efforts. nancial instrument.’’; and shore. Each year, the United States loses an (8) in subsection (c)(1), by inserting ‘‘or is Our amendment offers one provision estimated $100 billion in tax revenue significantly impeding United States tax en- forcement’’ after ‘‘primary money laun- from the Cut Unjustified Tax Loop- from U.S. taxpayers using offshore tax dering concern’’; holes Act, S. 2075, which Senator CON- havens to dodge their U.S. tax obliga- (9) in subsection (c)(2)(A)— RAD and I introduced some weeks ago. tions, including through hidden ac- (A) in clause (ii), by striking ‘‘bank secrecy I continue to hope and believe that mo- counts at tax haven banks. My Sub- or special regulatory advantages’’ and in- mentum is building behind the idea of committee has held several hearings serting ‘‘bank, tax, corporate, trust, or fi- real tax reform and in support of legis- and issued a lengthy bipartisan report nancial secrecy or regulatory advantages’’; lation like the CUT Loopholes Act to showing how some tax haven banks (B) in clause (iii), by striking ‘‘supervisory comprehensively tackle the many tax have used an array of abusive practices and counter-money’’ and inserting ‘‘super- visory, international tax enforcement, and loopholes that favor a few taxpayers to help U.S. clients hide assets and in- counter-money’’; over ordinary American taxpayers. come from Uncle Sam. We presented (C) in clause (v), by striking ‘‘banking or Closing tax loopholes is critical to real detailed case histories involving tax secrecy’’ and inserting ‘‘banking, tax, or se- deficit reduction, and restoring lost haven banks that helped thousands of crecy’’; and revenue that will allow us to cut the U.S. clients dodge their U.S. taxes, (D) in clause (vi), by inserting ‘‘, tax trea- deficit without slashing important pro- banks that used a long list of secrecy ty, or tax information exchange agreement’’ grams. With the threat of sequestra- tricks to make it nearly impossible for after ‘‘treaty’’; tion looming at the end of this year, it U.S. tax authorities to trace funds sent (10) in subsection (c)(2)(B)— (A) in clause (i), by inserting ‘‘or tax eva- is more vital than ever that we find bi- to them offshore. Those tricks included sion’’ after ‘‘money laundering’’; and partisan agreement on closing tax using code names for clients to disguise (B) in clause (iii), by inserting ‘‘, tax eva- loopholes. their identities; directing personnel to sion,’’ after ‘‘money laundering’’; and Our amendment hopefully will ad- use pay phones instead of business (11) in subsection (d), by inserting ‘‘involv- vance that goal. The full CUT Loop- phones to make it harder to trace calls ing money laundering, and shall notify, in holes Act attacks loopholes in two back to the bank; providing bankers writing, the Committee on Finance of the areas. First is closing offshore tax with encrypted computers when travel- Senate and the Committee on Ways and loopholes, a subject that the Perma- ling to keep client information out of Means of the House of Representatives of any such action involving United States tax nent Subcommittee on Investigations, the reach of U.S. tax authorities; fun- enforcement’’ after ‘‘such action’’. which I chair, has explored for years. neling money through offshore cor- Second is the stock-option loophole, a porations to conceal incriminating Mr. LEVIN. Mr. President, this has corporate tax giveaway that forces wire transfers and make audits dif- been on the list for unanimous consent. American taxpayers to subsidize cor- ficult; opening accounts in the names I will let the Chair rule on this and see porations for the stock-options granted of offshore shell companies to hide the if there is something else. If not, I will to their executives. The Levin-Conrad real owners; and providing bankers speak for a few minutes afterward. amendment takes one provision from with counter-surveillance training to The PRESIDING OFFICER. Is there the offshore portion of the CUT Loop- detect and deflect inquiries from gov- further debate on the amendment? holes Act. ernment officials. Our amendment would give regu- That kind of conduct, which actively If not, the question is on agreeing to lators a powerful tool to stop offshore facilitates tax evasion, amounts to a the amendment. tax havens and their financial institu- declaration of war by offshore secrecy The amendment (No. 1818) was agreed tions that impede U.S. tax enforcement jurisdictions against honest, hard- to. from doing business in the United working taxpayers. It’s time to fight

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.016 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1533 back and end the abuses inflicted on us possible ramifications, and have had no Rules Area for the Grand Canyon in effect as by those tax havens. Congress took one chance to vet it with appropriate parts of the date of the enactment of the MAP–21, step two years ago by requiring foreign of the Treasury Department, including or as subsequently modified by mutual banks with U.S investments to disclose the Office of Terrorism and Financial agreement of the Secretary and the Adminis- trator.’’. accounts opened by U.S. persons or pay Intelligence, and the Financial Crimes (b) SAVINGS PROVISIONS.— a hefty tax on their U.S. income. But Enforcement Network, which admin- (1) JURISDICTION OF NATIONAL AIRSPACE.— that law doesn’t apply to tax haven isters the Bank Secrecy Act, with the None of the recommendations required under banks that avoid U.S. investments. The Nation’s tax administrators, with the section 3(b)(1) of Public Law 100–91 (16 U.S.C. United States needs authority to take Department of Justice, or with other 1a–1 note), including recommendations to special measures against foreign banks interested parties. That is normally raise the flight-free zone altitude ceilings, that not only refuse to disclose ac- how changes to the Act are made. shall adversely affect the national airspace system, as determined by the Administrator counts opened by their U.S. clients, but Thus it is impossible for us fully to of the Federal Aviation Administration. If also significantly impede U.S. tax en- assess the implications of these major the Administrator determines that imple- forcement efforts. Our amendment changes in the law, or to discern any menting the recommendations would ad- would enable the United States to fight unintended consequences that may versely affect the national airspace system, back by authorizing the Treasury to arise from them. Making such signifi- the Administrator shall consult with the tell U.S. banks to stop doing business cant changes should not be done on the Secretary of the Interior to eliminate the ad- with those aiders and abettors of U.S. fly, on the floor, without adequate con- verse effects. tax evasion. sultation and an appropriate regular (2) EFFECT OF NEPA DETERMINATIONS.—None According to the Joint Committee on of the environmental thresholds, analyses, order process within the committee of impact determinations, or conditions pre- Taxation, we could, by adopting this jurisdiction. While I believe we should pared or used by the Secretary to develop amendment, reduce the deficit by $900 address the problem of tax havens, and recommendations regarding the substantial million over 10 years. That is an indi- I understand the urgency of finally, restoration of natural quiet and experience cation of how closing just one of many after 4 weeks, getting a unanimous for the Grand Canyon National Park re- loopholes can raise significant revenue. consent agreement that allows this bill quired under section 3(b)(1) of Public Law The CUT Loopholes Act would, con- to move forward, I must also insist 100–91 shall have broader application or be servatively, reduce the deficit by $155 that we follow a careful, responsible, given deference with respect to the Adminis- billion over 10 years. And other tax trator’s compliance with the National Envi- deliberative process when making ronmental Policy Act for proposed aviation loopholes not addressed in the CUT major changes in areas of the law that actions and decisions. Nothing in this sec- Loopholes Act, such as the carried-in- are squarely within the jurisdiction of tion may be construed to limit the ability of terest and blended-rate loopholes, offer the Banking Committee. the National Park Service to use its own additional opportunities for deficit re- As we move to conference on the methods of analysis and impact determina- duction. transit bill, a conference on which I tions for air tour management planning Mr. President, we face difficult will play a significant role, I will make within its purview under the National Parks choices in the months ahead. We all sure that we carefully vet this provi- Air Tour Management Act of 2000 (title VIII of Public Law 106–181). agree that we must reduce the deficit. sion and assess whether this is in fact But the American people also expect us (c) CONVERSION TO QUIET TECHNOLOGY AIR- the best solution to the tax haven CRAFT.— to make sure that we are protecting problem identified by Senator LEVIN, (1) IN GENERAL.—Not later than 15 years national security, that parents can whether it works as it is intended to, after the date of the enactment of this Act, still send their kids to college, that our and if so whether the provision re- all commercial air tour aircraft operating in citizens still have health care, that we quires any further amendment to make the Grand Canyon National Park Special are repairing roads and bridges. We it as effective as possible. Flight Rules Area shall be required to fully must do both—reduce the deficit and Mr. LEVIN. Mr. President, I ask convert to quiet aircraft technology (as de- termined in accordance with regulations in protect important priorities. But we unanimous consent that the Merkley cannot accomplish those twin goals un- effect on the day before the date of the en- amendment relative to farm vehicles actment of this Act). less we restore revenue lost in part to listed in the previous order be changed (2) CONVERSION INCENTIVES.—Not later than the gaping loopholes in our tax law. from No. 1653 to No. 1814. 60 days after the date of the enactment of With this amendment, we can take a The PRESIDING OFFICER. Is there this Act, the Secretary and the Adminis- step down the path of closing abusive objection? trator of the Federal Aviation Administra- loopholes, and continue building mo- Without objection, it is so ordered. tion shall provide incentives for commercial air tour operators that convert to quiet air- mentum for the work we must to in the AMENDMENT NO. 1669, AS MODIFIED months ahead. craft technology (as determined in accord- Mr. MCCAIN. Mr. President, I ask ance with the regulations in effect on the Mr. President, I thank Senator CON- unanimous consent that the pending day before the date of the enactment of this RAD, Senator WHITEHOUSE, and many amendment be set aside and I call up Act) before the date specified in paragraph others who cosponsored this amend- amendment No. 1669, which is at the (1), such as increasing the flight allocations ment. for such operators on a net basis consistent Mr. JOHNSON of South Dakota. Mr. desk. The PRESIDING OFFICER. Without with section 804(c) of the National Park Air President, I wish to note for the Tours Management Act of 2000 (title VIII of objection, it is so ordered. RECORD that I agree with Senator Public Law 106–181), provided that the cumu- The clerk will report. LEVIN on the need to address the prob- lative impact of such operations does not in- lem of tax havens, and it is certainly The assistant legislative clerk read crease noise at Grand Canyon National Park. true that the provision of the Bank Se- as follows: The PRESIDING OFFICER. The Sen- crecy Act that he seeks to amend has The Senator from Arizona [Mr. MCCAIN], ator from Tennessee. for himself, Mr. REID, Mr. HELLER, and Mr. been important in dealing with the AMENDMENTS NOS. 1785 AND 1810, EN BLOC KYL, proposes an amendment numbered 1669, matters for which it was intended ju- as modified. Mr CORKER. Mr. President, I ask risdictions of primary anti-money unanimous consent that amendments laundering concern—when it was made The amendment is as follows: Nos. 1785 and 1810 be made pending en part of the PATRIOT Act. (Purpose: To enhance the natural quiet and bloc. However, neither I, as Banking Com- safety of airspace of the Grand Canyon Na- The PRESIDING OFFICER. Is there tional Park and for other purposes) mittee Chairman, nor other members objection? of the Committee, were consulted by At the appropriate place, insert the fol- Without objection, it is so ordered. lowing: Senator LEVIN as this amendment was The clerk will report. being developed, although the Bank Se- SEC. lll. AIRCRAFT NOISE ABATEMENT. The assistant legislative clerk read crecy Act is clearly within the Com- (a) IN GENERAL.—Section 3(b)(2) of Public as follows: Law 100–91 (16 U.S.C. 1a–1 note) is amended mittee’s core jurisdiction. Con- by adding at the end the following: ‘‘The The Senator from Tennessee (Mr. CORKER) sequently, Committee staff have not plan shall not apply to or otherwise affect proposes amendments numbered 1785 and had adequate time to review and assess the regulation of flights over the Grand Can- 1810, en bloc. responsibly the amendment and its yon at altitudes above the Special Flight The amendments are as follows:

VerDate Mar 15 2010 04:43 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.073 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1534 CONGRESSIONAL RECORD — SENATE March 8, 2012 AMENDMENT NO. 1785 erated by a nonhighway use described in sub- bridge. I hear this all over the State, as (Purpose: To lower the FY13 discretionary section (a) to carry out any project (as de- I am sure my colleagues do as well. It budget authority cap as set in the Bal- fined in section 101 of title 23, United States took more time from design to bid, so anced Budget and Emergency Deficit Con- Code). it was more expensive and took more trol Act of 1985 by $20,000,000,000 in order to Mr. PORTMAN. Mr. President, I en- time, and was more costly in both re- offset the general fund transfers to the courage my colleagues to support these Highway Trust Fund) spects. amendments. The first one gives the The Federal project costs more in a At the end of division D, add the following: States the freedom to keep their gas lot of areas, including Federal bureauc- SEC. llllll. DISCRETIONARY SPENDING CAP taxes. For decades, Washington has racy, more environmental studies, ADJUSTMENT FOR FISCAL YEAR collected State gas taxes through its 2013. more historical and archaeological Paragraph (2)(A)(ii) of section 251A of the highway program, taken its cut off the studies, more right-of-way expenses, Balanced Budget and Emergency Deficit top, and then attached burdensome more design and review costs. The Control Act of 1985(2 U.S.C. 901a) is amended mandates to the funds before sending stakes have never been higher. The by striking ‘‘$501,000,000,000’’ and inserting them back to the States. Federal Government cannot continue ‘‘$481,000,000,000’’. It hasn’t worked. Since 2008, the the current course of wasting our AMENDMENT NO. 1810 highway trust fund has been bailed out State’s gas taxes. Purpose: To ensure that the aggregate three times from the Treasury’s gen- Since the last transportation author- amount made available for transportation eral fund to the tune of about $35 bil- ization bill, called SAFETY-LU, back projects for a fiscal year does not exceed lion. During that time, the Federal the estimated amount available for those in 2005, the outlays have exceeded reve- Government has required that 10 per- nues from the gas taxes every single projects in the Highway Trust Fund for the cent of all surface transportation funds fiscal year) year. We have to get back on a fiscally be spent on wasteful ‘‘enhancements,’’ sustainable path, eliminate the waste, At the end of subtitle E of title I of divi- which has included archeological plan- sion A, add the following: and allow the States the flexibility to ning and research, transportation mu- SEC. lll. LIMITATION ON EXPENDITURES. maintain their roads, bridges, and Notwithstanding any other provision of seums, and scenic ‘‘beautification’’ highways. This amendment would do law, if the Secretary determines for any fis- along highways, and so on. that. It is an opt-out, not a mandate. cal year that the estimated governmental re- The GAO has found that between 2004 States could choose to opt out or not. ceipts required to carry out transportation and 2008, at a time when our bridges The second amendment also is a fis- programs and projects under this Act and and roads have been in disrepair and cally responsible one that helps the amendments made by this Act (as projected have needed all the help they could get, taxpayer. It lifts an antiquated one- by the Secretary of the Treasury) does not the highway trust fund spent $78 bil- size-fits-all government mandate that produce a positive balance in the Highway lion on projects not related to the sup- Trust Fund available for those programs and dates back to 1956, and it would allow projects for the fiscal year, each amount port of our Nation’s network of high- the States the freedom to make their made available for such a program or project ways and bridges. own decisions on how to manage their shall be reduced by the pro rata percentage With the economy struggling, we rest areas, which the Federal Govern- required to reduce the aggregate amount re- need to provide States with the ability ment forces States to pay to maintain quired to carry out those programs and to move quickly and innovatively to and improve. projects to an amount equal to that avail- implement their transportation prior- The current approach would set up a able for those programs and projects in the ities instead of a one-size-fits-all solu- patchwork of exemptions, acceptance, Highway Trust Fund for the fiscal year. tion from Washington. and special permits that allows some The PRESIDING OFFICER. The Sen- Ohio’s gas taxes should not be wa- States to commercialize rest areas, ator from Ohio. tered down, shouldn’t be wasted by while prohibiting other States from AMENDMENTS NOS. 1736 AND 1742, EN BLOC costly Federal mandates, regulations, doing the same. Under this amend- Mr. PORTMAN. Mr. President, I ask and bureaucracies that Ohio doesn’t ment, States would have the freedom unanimous consent that the pending think are necessary. Rather, States to commercialize interstate and non- amendment be set aside and I call up should have the freedom to use the rev- interstate rest areas, as long as they amendments Nos. 1736 and 1742 and ask enue collected from highway users don’t impair the highway or interfere they be considered en bloc. within their own States in the way the with the full use and safety of the high- The PRESIDING OFFICER. Without State sees fit to get more money into way. At a time when America’s core objection, it is so ordered. The clerk infrastructure. transportation infrastructure—high- will report the amendments. This amendment will give States the ways, roads and bridges—needs all the The legislative clerk read as follows: freedom they need to do that, while en- help it can get, the Ohio Department of The Senator from Ohio [Mr. PORTMAN] pro- suring that States maintain the cur- Transportation spends $15 million a poses amendments numbered 1736 and 1742, rent Interstate State Highway system year on rest area upkeep in Ohio alone. en bloc. in accordance with current standards. The high cost of maintaining and im- The amendment (No. 1742) is as fol- We need to pass this amendment today proving these rest areas is handcuffing lows: so that States can get back on track. the ability of Ohio and other States to (The amendment (No. 1736) is printed Let me give you an example I re- spend more money on core infrastruc- in the RECORD of Monday, February 27, cently heard about over the weekend. ture, roads and bridges. 2012, under ‘‘Text of Amendments.’’) This comes from Jeff Linkous, who is This is a fiscally conservative pro- AMENDMENT NO. 1742 the Clinton County, OH, engineer. It is taxpayer amendment that would help (Purpose: To allow States to permit non- an example of how the Federal Govern- States such as Ohio recover some of highway uses in rest areas along any high- ment sometimes gets in the way and these losses or maybe even break even way) escalates the cost of projects. or maybe add some revenue, by allow- On page 469, after line 22, add the fol- Todds Fork there is a local stream. It ing restaurants, gas stations, conven- lowing: is crossed by two roads, Prairie Road ience stores, or other entities to lease SEC. 15lll. NONHIGHWAY USES IN REST and Starbuck Road. For each of the AREAS. spaces at rest areas. It is a common- (a) IN GENERAL.—A State may permit any roads, Clinton County has built a sense approach that is supported by the nonhighway use in any rest area along any bridge over Todds Fork. The same firm American Association of State High- highway (as defined in section 101 of title 23, designed both bridges. They are the way and Transportation Officials and United States Code), including any commer- same length, but there was one major by a lot of the private sector as well. cial activity that does not impair the high- difference. The bridge for Prairie Road This amendment is a way to give way or interfere with the full use and safety was built using Federal money, while core infrastructure projects more fund- of the highway. the bridge for Starbuck Road was built ing, while enacting a proposal that ac- (b) PRIVATE PARTIES.—A State may permit any private party to carry out a nonhighway using Ohio funds. tually helps the States to be able to use described in subsection (a). According to Jeff Linkous, the feder- make the decision. In Ohio alone, if (c) REVENUES GENERATED BY NONHIGHWAY ally funded bridge cost about 20 per- you take out $50 million a year cost for USES.—A State may use any revenues gen- cent more than the State-funded rest areas and calculate it over the

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.021 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1535 next 20 years, that is $1 billion that that when they pull up to the pump, past earmarking. So if we are serious could go into highway infrastructure. they are not only paying for the cost of about eliminating earmarking, we are This amendment doesn’t direct or gas, they are paying the tax on the cost also going to need to fix the formulas mandate States to commercialize rest of that gas. The Federal tax on that used in current programs that are re- areas or commercialize in any specific gasoline pumped into the tank is then warding States with more money than way. It leaves it up to the States, and sent to Washington and put into a so- they deserve because these states re- it gives States the flexibility they called Federal gas tax fund—a trust. ceived more earmarks in previous want to be able to make their own de- The word ‘‘trust’’ is somewhat of a years. My amendment fixes this in- cisions on how best to use those rest misnomer because, like so many trusts equity and restores the trust fund to areas. that we create, it doesn’t live up to its its original intent—to give taxpayer I urge colleagues to join me in voting name. A trust means that it is safe- money back to them in the amount to lift the Federal mandate and give guarded, and nobody else can touch it they deposited. States the freedom to develop their or use it. The trust fund was designed Under my amendment each State own underused and expensive rest to collect taxes from the sale of gaso- will get back what it put in out of the areas. line at the Federal level and then, total available funds. It is a fairness I yield the floor. under a provision, return that tax back issue and the trust fund is truly a trust The PRESIDING OFFICER. The Sen- to the State. fund. This amendment will send a mes- ator from Indiana. The bottom line is that the majority sage to the American people and the AMENDMENTS NOS. 1779, 1589, AND 1756, EN BLOC of States in this country are not get- administration that Congress is serious Mr. COATS. Mr. President, I ask ting back what they put in. This about changing the culture in Wash- unanimous consent to set aside the amendment is designed to correct that ington. The American people have re- pending amendment and call up flaw, or at least that current provision, jected earmarking, and it would be ir- amendment No. 1779 on behalf of Sen- in terms of the way the trust fund is responsible for this institution to re- ator ALEXANDER, and amendments Nos. operated. My colleague from Ohio, Sen- ward that practice under this highway 1589 and 1756 on behalf of Senator ator PORTMAN, just announced an bill. DEMINT, en bloc. amendment that I think makes a great So I urge my colleagues to support The PRESIDING OFFICER. Without deal of sense. I intend to support that. this important amendment. It takes a objection, it is so ordered. This is somewhat of a similar amend- stand for fairness and fiscal integrity. The clerk will report the amend- ment, except that what this requires is It will be brought up on Tuesday. I ments, en bloc. that a State receives its fair share of urge my colleagues to support this The legislative clerk read as follows: what it puts into the trust fund. both from the standpoint of fairness— The Senator from Indiana [Mr. COATS], for My State, like many across the Na- which gives back to every State and Mr. ALEXANDER, proposes an amendment tion, draws the short end of the stick every taxpayer the money a fair share numbered 1779, and, for Mr. DEMINT, amend- in terms of getting our money back, in of what they put into the trust fund as ments numbered 1589 and 1756, en bloc. that it turns the trust fund into a dis- ending the practice of rewarding States (The amendment ( No. 1589) is printed tribution fund, based upon the out- that benefitted from earmarks and in the RECORD of Tuesday, February 14, dated formula and continuation of the punishing those that have been fiscally 2012, under ‘‘Text of Amendments.’’) broken earmark process. In reality, prudent. (The amendment ( No. 1756) is printed many States receive less than they put Mr. President, with that, I yield the in the RECORD of Wednesday, February in. The interesting part of this is that floor. 29, 2012, under ‘‘Text of Amendments.’’) there is a formula created by which an The PRESIDING OFFICER (Mr. (The amendment ( No. 1779) is printed average of the amount of money spent FRANKEN). The Senator from Missouri. in the RECORD of Monday, March 5, by States is calculated, and States are AMENDMENT NO. 1540 2012, under ‘‘Text of Amendments.’’) rewarded on that basis, and the money Mr. BLUNT. Mr. President, I call up AMENDMENT NO. 1517 is distributed on the basis of how that my amendment No. 1540, which is at Mr. COATS. Mr. President, I now call historical average is calculated. So the desk, and I ask unanimous consent up my amendment No. 1517, which is at States that have had very efficient that it be reported by number. the desk. Members of Congress creating ear- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The marks and pouring more money into objection, the clerk will report the clerk will report. their States by earmarking end up amendment by number. The legislative clerk read as follows: with a higher historical average. As a The assistant legislative clerk read result those States benefit now from The Senator from Indiana [Mr. COATS] for as follows: the distribution from the trust fund to himself and Mr. LUGAR, proposes an amend- The Senator from Missouri [Mr. BLUNT], a greater degree. In fact, they are ment numbered 1517. for himself and Mr. CASEY, proposes an The amendment is as follows: called the donee States because they amendment numbered 1540. receive more than what is put in from (Purpose: To modify the apportionment for- The amendment is as follows: mula to ensure that the percentage of ap- the donor States. So those States that have taken (Purpose: To modify the section relating to portioned funds received by a State is the off-system bridges) same as the percentage of total gas taxes more responsible fiscal measures in paid by the State) terms of how they spend their money Beginning on page 94, strike line 6 and all and how they spend the taxpayers’ dol- that follows through page 95, line 7, and in- In section 11005(a), in the amendment to sert the following: lars, such as the State of Indiana, end section 104(c)(1) of title 23, United States ‘‘(A) SET-ASIDE.—Of the amounts appor- Code, strike ‘‘carry out section 134 shall be up being shortchanged simply because tioned to a State for fiscal year 2012 and each determined as follows’’ and all that follows we have been more prudent in terms of fiscal year thereafter under this section, the through subparagraph (B) and insert the fol- how we spend our money. We haven’t State shall obligate for activities described lowing: relied on earmarks over the years in in subsection (c)(2) for off-system bridges an ‘‘carry out section 134 shall be a percentage Indiana, which under the current amount that is not less than 15 percent of of the total amount available for apportion- the amount of funds apportioned to the ment to all States that is equal to the pro- version of this bill would have raised our historical average. As a con- State for the highway bridge program for fis- portion that— cal year 2009. sequence we end up being a donor State ‘‘(A) the amount of gas taxes paid by the ‘‘(B) REDUCTION OF EXPENDITURES.—The State for a fiscal year; bears to donating more money to Washington Secretary, after consultation with State and ‘‘(B) the aggregate amount of gas taxes than we receive in return. local officials, may reduce the requirement paid by all States for the fiscal year. The Senate has recently passed legis- for expenditures for off-system bridges under Mr. COATS. Mr. President, this lation to end the practice of ear- subparagraph (A) with respect to the State if amendment No. 1517 is of major signifi- marking. I think this is a very positive the Secretary determines that the State has cance to Indiana, as well as to a major- step forward. But we now have a Fed- inadequate needs to justify the expenditure. ity of the States across this country. eral program that, in a sense, is cal- Mr. BLUNT. I thank the clerk for re- Most people are familiar with the fact culated and based on the practice of porting.

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.078 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1536 CONGRESSIONAL RECORD — SENATE March 8, 2012 Mr. President, this amendment deals choose a contract rail operator who I yield the floor. with the whole issue of off-system can provide the best value. As a result, Mr. REID. Mr. President, I ask unan- bridges. These are bridges that are not we are starting to see an actual com- imous consent that the vote changes part of the State system, are not part petitive and robust rail passenger mar- entered by Senators MURKOWSKI and of the Federal system, but normally ket with more than seven companies— COLLINS reflect that the vote on the are run by county governments. which includes Amtrak but isn’t lim- Vitter amendment was vote No. 28. In our State, as in most States near ited to Amtrak—competing for these The PRESIDING OFFICER. Without or east of the Mississippi River, we contracts. objection, it is so ordered. have lots of counties. We have 115. Unfortunately, the language in the Mr. REID. Mr. President, I ask unan- They have large numbers of bridges, highway bill requires passenger rail op- imous consent that on Tuesday, March and for a number of years now they erators, both public agencies and pri- 13, the Senate resume the sequence of have benefited from 15 percent of the vate businesses, to deal with an expen- votes remaining under the previous bridge funds that go to States. I think sive and time-consuming licensing order at a time to be determined by the most of us, if we meet with county process in front of political employees majority leader after consultation with commissioners or those responsible for at the Surface Transportation Board. the Republican leader, with all other county government about their high- However, this new regulation will not provisions of the previous order re- way concerns, this would be an issue apply to Amtrak, putting its competi- maining in effect. we have all heard about. tors at a distinct disadvantage. The The PRESIDING OFFICER. Without The Senator from Pennsylvania Mr. bill, as it stands, would subject the pas- objection, it is so ordered. CASEY and I have introduced this senger rail industry to an ever-chang- f amendment. It doesn’t change current ing political dynamic at the discretion MORNING BUSINESS law. In fact, it just goes forward with of the Surface Transportation Board, Mr. REID. Mr. President, I now ask current law in this bill. This bill would likely resulting in a government-sanc- unanimous consent that we proceed to eliminate the requirement of States to tioned passenger rail monopoly. The a period of morning business, with Sen- give 15 percent to counties if counties board would also hold broad veto pow- ators permitted to speak for up to 10 have a use for it, and I think that ers to prevent a track-owning railroad minutes each. would be a mistake. So I join Senator to make agreements with any preferred The PRESIDING OFFICER. Without CASEY and others in hoping we are able operator other than Amtrak. objection, it is so ordered. to approve this amendment next week. This bill would also require passenger f Mr. President, I also would like to rail operators to obtain a new board li- speak on another amendment, an cense every time a contract operator is REMEMBERING DONALD E. amendment that we apparently will replaced. This requirement appears to GIRDLER not vote on; that is, amendment No. be aimed at preventing competitive se- Mr. MCCONNELL. Mr. President, I 1743. This is not at the desk, I don’t lection of private sector contract oper- rise today to pay tribute to a man who think, at this moment, and it doesn’t ators, discouraging the replacement of has spent his life working to help build need to be read if it is. But I hope this operators through competitive bidding. a better Kentucky and a better United is an issue that, as this Transportation At a time when we are looking to States of America. Mr. Donald E. Gir- bill progresses, we can continue to look promote private sector job creation, I dler of Pulaski County, KY, better at. believe this language is simply a step known as simply ‘‘Donnie,’’ recently This is an amendment I have intro- in the wrong direction. If this language passed away. He was 63 years old. duced with the Senator from South becomes law, it will stifle any kind of Mr. Girdler was passionate about pol- Carolina, Mr. DEMINT, and the Senator private sector competition and job itics, and he made it his life’s work. He from Utah, Mr. LEE, on the commerce growth. The seven companies that have entered the political arena when he portion of the highway bill. Overall, al- been formed in recent years and that first worked on the campaign of my most every portion of this bill has gone compete actively against each other good friend Congressman HAL ROGERS through the open process of committee will no longer be doing that, and it will of Kentucky’s Fifth Congressional Dis- hearings, of markups, and now of floor promote a government-run, taxpayer trict. Mr. Girdler had worked for HAL time. The one part of this bill that subsidized rail system. as a detective for 5 years before HAL, hasn’t had a committee markup or My amendment would take this lan- then a Commonwealth’s attorney, de- even a committee hearing in this Con- guage out of the bill so that we could cided to make a run at the U.S. House gress is the rail portion of the bill. In go through the normal process and de- of Representatives. The political savvy fact, the first time I saw this version of cide if that is what we want. If the and direction that Mr. Girdler would the bill was just a few weeks ago when Congress, through the normal process, bring to the table would propel HAL the underlying bill was already pending decides that is what we want to do, ROGERS to victory. and it was too late to have the normal that is one thing. But putting it in a There was a definite sense of grati- process to look at what could happen big bill without hearings—a bill we all tude from the Congressman for his and should happen as it relates to rail- believe to be important—is the wrong trustworthy friend, Donnie Girdler. Mr. roads. step. Girdler was at home in the world of As a member of the committee of ju- The American Public Transportation politics and made connections in Wash- risdiction, the Commerce Committee, I Association, the American Association ington, DC, that included becoming am concerned we haven’t done our due of State Highway and Transportation personally acquainted with five dif- diligence, and my amendment would Officials, the National Railroad Con- ferent Presidents of the United States simply strike this section of the bill in struction and Maintenance Associa- and becoming personal friends with response to this closed process. I hope tion, the United Brotherhood of Car- President George H.W. Bush and Presi- that is the final determination of this penters and Joiners of America all sup- dent George W. Bush. bill before it goes to the President’s port this amendment. Donnie went on to work for over a desk. We will not be voting on it next quarter of a century for Rogers before Since the Congress abolished the week. But I hope as this bill progresses finally retiring and returning to offer Interstate Commerce Commission in toward what could be a signature by his much sought after insight in local 1995, there has been no Federal licens- the President we at some point take politics. He made friends in several ing system for entry or exit of new rail another look at this part of the bill and southeastern Kentucky counties and passenger operators, only Federal re- decide if this is a step that is in the helped many of them get elected to quirements to ensure safety. That best interest of the country or of rail public office. Mr. Girdler became a dis- meant anybody who wanted to get into passengers now and in the future. I tinguished political consultant for the this business could, as long as they met think the answer to that is no. I am Commonwealth of Kentucky because of the safety requirements. Currently, prepared to live with whatever the an- his years of experience and, most im- State transportation agencies increas- swer is, if it is an answer we arrive at portantly, his absolute love of public ingly use competitive bidding to through the normal process. service.

VerDate Mar 15 2010 04:43 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.082 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1537 Donald Girdler made an everlasting tive Barty Bullock and served as Bullock’s came a district court judge. As a young contribution to the world of Kentucky deputy judge for a year and a half. boy, Deputy Perry was exposed to the politics, and his motivation and inno- ‘‘I am very saddened by the recent passing Federal courts and became familiar vation paved the way for others to get of Donnie Girdler,’’ Bullock said in a state- with the U.S. Marshals Service and ment. ‘‘I first met him when I ran for county involved in their own way by bringing judge-executive in 2006. As we worked and their work. opportunities and jobs to the Pulaski spent numerous hours together, we became We should never forget the sacrifices County area. Donnie loved working in very good friends. that men like Deputy Perry and their politics. He loved serving the public, ‘‘Since the onset of his illness we have not families make daily to protect all of but he was happiest when he was at his had as much communication as in the past, us. Our society depends on these dedi- farmhouse in Nancy, KY, and he could but I still think of our friendship fondly. I cated individuals who risk their lives fix up a pot of coffee and talk politics know that Donnie had many friends, and will to protect the common good. I want to be sadly missed by all who knew him,’’ Bul- with his friends that would drop by lock said. express my gratitude and thanks and from time to time. A political consultant since leaving Con- ask the Senate to join me in remem- At this time I would like to ask my gressman Rogers’s office, Girdler developed bering U.S. Deputy Marshal John colleagues in the Senate to join me in close friendships with politicians and office- Brookman Perry.∑ holders in wide areas, particularly in commemorating Donald E. Girdler, an f individual whose hard work and up- McCreary, Whitley, Clay and Knox counties. standing character, combined with his Said Lori Hines, a political partner, ‘‘He MESSAGES FROM THE HOUSE talents and passion, have forever had a great insight into the human mind. He knew how people would react more than any- At 11:01 a.m., a message from the changed the climate of politics in the one I have ever known. He definitely was a House of Representatives, delivered by Commonwealth of Kentucky. people person. His voice was what defined Mr. Novotny, one of its reading clerks, A news story highlighting the event- him. People would stop at his farmhouse in announced that the House has passed ful life of Donnie Girdler was recently Nancy, have a cup of coffee and talk poli- the following bill, in which it requests published in the Somerset, KY, area tics,’’ said Hines. the concurrence of the Senate: Girdler has been nominated as a member of publication, the Commonwealth Jour- H.R. 2842. An act to authorize all Bureau of the Republican Fifth District Hall of Fame. nal. Reclamation conduit facilities for hydro- I ask unanimous consent that said He will be inducted posthumously in March. His body is at Pulaski Funeral Home where power development under Federal Reclama- story be printed in the RECORD. tion law, and for other purposes. There being no objection, the mate- funeral arrangements are pending. A com- plete obituary will be in Wednesday’s Com- rial was ordered to be printed in the monwealth Journal. At 3:45 p.m., a message from the RECORD, as follows: House of Representatives, delivered by f [From the Commonwealth Journal, Jan. 9, Mr. Novotny, one of its reading clerks, 2012] ADDITIONAL STATEMENTS announced that the House has passed POLITICAL ICON DONNIE GIRDLER DEAD AT 63 the following bill, in which it requests (By Bill Mardis) the concurrence of the Senate: REMEMBERING JOHN BROOKMAN A longtime aide to Congressman Hal Rog- H.R. 3606. An act to increase American job ers and one of the Lake Cumberland area’s PERRY creation and economic growth by improving most savvy political strategists has died. ∑ Mr. BLUNT. Mr. President, I wish to access to the public capital markets for Donnie Girdler’s death Sunday ended a ca- honor the memory of a man whose life emerging growth companies. reer that evolved through service in the mili- tary, local law enforcement, congressional was dedicated to serving his commu- The message also announced that front man, and political adviser to can- nity and protecting his fellow citizens. pursuant to Executive Order No. 12131, didates and confidant to presidents. He was One year ago today, Deputy U.S. Mar- and the order of the House of January 63. shal John Brookman Perry was killed 5, 2011, the Speaker appoints the fol- ‘‘As one who knew him for 37 years, I will in the line of duty while serving his lowing Members of the House of Rep- say he was highly motivated,’’ said Dan country and community. Deputy Perry resentatives to the President’s Export Venters, justice of the Kentucky Supreme was assigned to the U.S. Marshals Court. Council: Mr. REICHERT of Washington, ‘‘I have known Donnie Girdler as long as I Eastern District of Missouri in St. Mr. GERLACH of Pennsylvania, Mr. have known anyone in Pulaski County,’’ said Louis and was serving a warrant when TIBERI of Ohio, Ms. SUTTON of Ohio, and Venters. ‘‘When I first came here to work in he was fatally shot. Today we honor his Ms. LINDA T. SA´ NCHEZ of California. (then) Commonwealth’s Attorney Hal Rog- memory and the sacrifices he made for f ers’s office, Donnie was the first person I all of us. met. He was serving as Commonwealth’s de- Deputy Perry was born on the west MEASURES REFERRED tective in Hal’s office. side of Chicago in Glen Ellyn, IL, and ‘‘There was something about us that bond- The following bill was read the first ed . . . he became one of my closest friends graduated from Southern Illinois Uni- and the second times by unanimous and confidants,’’ said Venters. versity with a bachelor’s degree in ge- consent, and referred as indicated: Girdler worked for Congressman Rogers for ology. He went to work for the Madison H.R. 2842. An act to authorize all Bureau of more than a quarter of a century. County probation office in Reclamation conduit facilities for hydro- ‘‘Donnie was one of my closest advisers Edwardsville, IL where he served for 16 power development under Federal Reclama- and served faithfully as a field representa- years. tion law, and for other purposes; to the Com- tive for the Fifth Congressional District,’’ In 2001 he graduated from the U.S. mittee on Energy and Natural Resources. said Rogers. ‘‘As a retired member of the honorable U.S. Marine Corps and a former Marshals Academy and went to work f Commonwealth’s detective, Donnie was a at the Superior Court of the District of man of integrity and loyalty. Columbia. Deputy Perry returned to MEASURES PLACED ON THE ‘‘With courage of conviction, Donnie the Midwest in 2005 when he was as- CALENDAR played a key role in bringing various oppor- signed to the Eastern District in St. The following bill was read the sec- tunities and projects to the region. But it Louis. There, he served as a team lead- ond time, and placed on the calendar: was his passion for politics that many er on the fugitive task force and was sought during campaigns. His political savvy S. 2173. A bill to preserve and protect the and insight were invaluable to local, state the district’s firearms instructor. free choice of individual employees to form, and federal politicians. He was a true patriot Deputy Perry came from a family join, or assist labor organizations, or to re- and a true friend,’’ said Rogers. dedicated to public service and was a frain from such activities. Girdler was a friend of presidents. He was natural fit for the U.S. Marshals Serv- f personally acquainted with five presidents ice. His brother, Bart Perry, has and was a friend of the two Bushes—George worked for the State of Illinois for over EXECUTIVE AND OTHER W. Bush and his father, George H.W. Bush. 25 years as a probation officer, and COMMUNICATIONS He worked in Bob Dole’s presidential cam- both his father and grandfather were The following communications were paign and was a presidential elector for George W. Bush. Federal judges. His father served as a laid before the Senate, together with Locally, Girdler managed the successful bankruptcy court judge and his grand- accompanying papers, reports, and doc- campaign of Pulaski County Judge-Execu- father was a former coal miner who be- uments, and were referred as indicated:

VerDate Mar 15 2010 04:43 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MR6.054 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1538 CONGRESSIONAL RECORD — SENATE March 8, 2012 EC–5261. A communication from the Sec- EC–5269. A communication from the Senior FAA–2009–0162)) received in the Office of the retary of Energy, transmitting, proposed leg- Program Analyst, Federal Aviation Adminis- President of the Senate on February 29, 2012; islation to amend section 4306 of the Atomic tration, Department of Transportation, to the Committee on Commerce, Science, Energy Defense Act, concerning the mixed transmitting, pursuant to law, the report of and Transportation. oxide fuel fabrication facility (MOX facility) a rule entitled ‘‘Airworthiness Directives; EC–5277. A communication from the Senior that is under construction at the Depart- Schempp-Hirth Flugzeugbau GmbH Gliders’’ Program Analyst, Federal Aviation Adminis- ment of Energy’s Savannah River Site in ((RIN2120–AA64) (Docket No. FAA–2011–1155)) tration, Department of Transportation, South Carolina; to the Committee on Energy received during adjournment of the Senate transmitting, pursuant to law, the report of and Natural Resources. in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; EC–5262. A communication from the Senior on February 21, 2012; to the Committee on Continental Motors, Inc. (CMI) Recipro- Program Analyst, Federal Aviation Adminis- Commerce, Science, and Transportation. cating Engines’’ ((RIN2120–AA64) (Docket No. tration, Department of Transportation, EC–5270. A communication from the Senior FAA–2011–1341)) received in the Office of the transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- President of the Senate on February 29, 2012; a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, to the Committee on Commerce, Science, Hawker Beechcraft Corporation Models 1900, transmitting, pursuant to law, the report of and Transportation. 1900C, and 1900D Airplanes’’ ((RIN2120–AA64) a rule entitled ‘‘Airworthiness Directives; EC–5278. A communication from the Attor- (Docket No. FAA–2012–0014)) received during Pratt and Whitney Canada Turboprop En- ney-Advisor, U.S. Coast Guard, Department adjournment of the Senate in the Office of gines’’ ((RIN2120–AA64) (Docket No. FAA– of Homeland Security, transmitting, pursu- the President of the Senate on February 21, 2011–1298)) received during adjournment of ant to law, the report of a rule entitled ‘‘Sea- 2012; to the Committee on Commerce, the Senate in the Office of the President of going Barges’’ ((RIN1625–AB71) (Docket No. Science, and Transportation. the Senate on February 21, 2012; to the Com- USCG–2011–0363)) received in the Office of the EC–5263. A communication from the Senior mittee on Commerce, Science, and Transpor- President of the Senate on February 29, 2012; Program Analyst, Federal Aviation Adminis- tation. to the Committee on Commerce, Science, tration, Department of Transportation, EC–5271. A communication from the Senior and Transportation. transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- EC–5279. A communication from the Attor- a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, ney-Advisor, U.S. Coast Guard, Department General Electric Company Turbofan En- transmitting, pursuant to law, the report of of Homeland Security, transmitting, pursu- gines’’ ((RIN2120–AA64) (Docket No. FAA– a rule entitled ‘‘Airworthiness Directives; ant to law, the report of a rule entitled 2011–0599)) received during adjournment of BRP–POWERTRAIN GmbH and Co KG Rotax ‘‘International Anti-fouling System Certifi- the Senate in the Office of the President of Reciprocating Engines’’ ((RIN2120–AA64) cate’’ ((RIN1625–AB79) (Docket No. USCG– the Senate on February 21, 2012; to the Com- (Docket No. FAA–2011–1022)) received during 2011–0745)) received in the Office of the Presi- mittee on Commerce, Science, and Transpor- adjournment of the Senate in the Office of dent of the Senate on February 29, 2012; to tation. the President of the Senate on February 21, the Committee on Commerce, Science, and EC–5264. A communication from the Senior 2012; to the Committee on Commerce, Transportation. Program Analyst, Federal Aviation Adminis- Science, and Transportation. EC–5280. A communication from the Attor- tration, Department of Transportation, EC–5272. A communication from the Senior ney-Advisor, U.S. Coast Guard, Department transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- of Homeland Security, transmitting, pursu- a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, ant to law, the report of a rule entitled Cirrus Design Corporation Airplanes’’ transmitting, pursuant to law, the report of ‘‘Drawbridge Operation Regulation; Isle of ((RIN2120–AA64) (Docket No. FAA–2011–1212)) a rule entitled ‘‘Airworthiness Directives; Wight (Sinepuxent) Bay, Ocean City, MD’’ received during adjournment of the Senate Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) ((RIN1625–AA09) (Docket No. USCG–2011– in the Office of the President of the Senate (Docket No. FAA–2012–0037)) received during 0697)) received in the Office of the President on February 21, 2012; to the Committee on adjournment of the Senate in the Office of of the Senate on February 29, 2012; to the Commerce, Science, and Transportation. the President of the Senate on February 21, Committee on Commerce, Science, and EC–5265. A communication from the Senior 2012; to the Committee on Commerce, Transportation. Program Analyst, Federal Aviation Adminis- Science, and Transportation. EC–5281. A communication from the Attor- tration, Department of Transportation, EC–5273. A communication from the Senior ney-Advisor, U.S. Coast Guard, Department transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- of Homeland Security, transmitting, pursu- a rule entitled ‘‘Airworthiness Directives; 328 tration, Department of Transportation, ant to law, the report of a rule entitled Support Services GmbH Airplanes’’ transmitting, pursuant to law, the report of ‘‘Drawbridge Operation Regulation; Neuse ((RIN2120–AA64) (Docket No. FAA–2011–0995)) a rule entitled ‘‘Airworthiness Directives; River, New Bern, NC’’ ((RIN1625–AA09) received during adjournment of the Senate Eurocopter France Helicopters’’ ((RIN2120– (Docket No. USCG–2011–0974)) received in the in the Office of the President of the Senate AA64) (Docket No. FAA–2012–0005)) received Office of the President of the Senate on Feb- on February 21, 2012; to the Committee on during adjournment of the Senate in the Of- ruary 29, 2012; to the Committee on Com- Commerce, Science, and Transportation. fice of the President of the Senate on Feb- merce, Science, and Transportation. EC–5266. A communication from the Senior ruary 21, 2012; to the Committee on Com- EC–5282. A communication from the Attor- Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department tration, Department of Transportation, EC–5274. A communication from the Senior of Homeland Security, transmitting, pursu- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, ‘‘Drawbridge Operation Regulation; The Boeing Company Airplanes’’ ((RIN2120– transmitting, pursuant to law, the report of Calcasieu River, Westlake, LA’’ ((RIN1625– AA64) (Docket No. FAA–2011–0219)) received a rule entitled ‘‘Airworthiness Directives; AA09) (Docket No. USCG–2011–1020)) received during adjournment of the Senate in the Of- Eurocopter France Helicopters’’ ((RIN2120– in the Office of the President of the Senate fice of the President of the Senate on Feb- AA64) (Docket No. FAA–2012–0086)) received on February 29, 2012; to the Committee on ruary 21, 2012; to the Committee on Com- during adjournment of the Senate in the Of- Commerce, Science, and Transportation. merce, Science, and Transportation. fice of the President of the Senate on Feb- EC–5283. A communication from the Attor- EC–5267. A communication from the Senior ruary 21, 2012; to the Committee on Com- ney-Advisor, U.S. Coast Guard, Department Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. of Homeland Security, transmitting, pursu- tration, Department of Transportation, EC–5275. A communication from the Senior ant to law, the report of a rule entitled ‘‘Spe- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- cial Local Regulations; Seminole Hard Rock a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, Winterfest Boat Parade, New River and In- The Boeing Company Airplanes’’ ((RIN2120– transmitting, pursuant to law, the report of tracoastal Waterway, Fort Lauderdale, FL’’ AA64) (Docket No. FAA–2008–0415)) received a rule entitled ‘‘Airworthiness Directives; ((RIN1625–AA08) (Docket No. USCG–2011– during adjournment of the Senate in the Of- Teledyne Continental Motors (TCM) and 1011)) received in the Office of the President fice of the President of the Senate on Feb- Rolls-Royce Motors Ltd. (R–RM) Series Re- of the Senate on February 29, 2012; to the ruary 21, 2012; to the Committee on Com- ciprocating Engines’’ ((RIN2120–AA64) (Dock- Committee on Commerce, Science, and merce, Science, and Transportation. et No. FAA–2011–0085)) received during ad- Transportation. EC–5268. A communication from the Senior journment of the Senate in the Office of the EC–5284. A communication from the Attor- Program Analyst, Federal Aviation Adminis- President of the Senate on February 21, 2012; ney-Advisor, U.S. Coast Guard, Department tration, Department of Transportation, to the Committee on Commerce, Science, of Homeland Security, transmitting, pursu- transmitting, pursuant to law, the report of and Transportation. ant to law, the report of a rule entitled ‘‘Spe- a rule entitled ‘‘Airworthiness Directives; EC–5276. A communication from the Senior cial Local Regulations; Key West World SOCATA Airplanes’’ ((RIN2120–AA64) (Dock- Program Analyst, Federal Aviation Adminis- Championship, Atlantic Ocean; Key West, et No. FAA–2011–1139)) received during ad- tration, Department of Transportation, FL’’ ((RIN1625–AA08) (Docket No. USCG– journment of the Senate in the Office of the transmitting, pursuant to law, the report of 2011–0942)) received in the Office of the Presi- President of the Senate on February 21, 2012; a rule entitled ‘‘Airworthiness Directives; dent of the Senate on February 29, 2012; to to the Committee on Commerce, Science, Rolls-Royce plc (RR) RB211–524 Series Tur- the Committee on Commerce, Science, and and Transportation. bofan Engines’’ ((RIN2120–AA64) (Docket No. Transportation.

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.030 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1539 EC–5285. A communication from the Attor- EC–5293. A communication from the Attor- FEMA–2012–0003)) received in the Office of ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department the President of the Senate on March 7, 2012; of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- to the Committee on Banking, Housing, and ant to law, the report of a rule entitled ‘‘Spe- ant to law, the report of a rule entitled Urban Affairs. cial Local Regulations; Orange Bowl Inter- ‘‘Safety Zone; M/V DAVY CROCKETT, Co- EC–5302. A communication from the Direc- national Youth Regatta, Biscayne Bay, lumbia River’’ ((RIN1625–AA00) (Docket No. tor of the Regulatory Management Division, Miami, FL’’ ((RIN1625–AA08) (Docket No. USCG–2010–0939)) received in the Office of the Environmental Protection Agency, transmit- USCG–2011–0994)) received in the Office of the President of the Senate on February 29, 2012; ting, pursuant to law, the report of a rule en- President of the Senate on February 29, 2012; to the Committee on Commerce, Science, titled ‘‘Approval and Promulgation of Imple- to the Committee on Commerce, Science, and Transportation. mentation Plans; State of Nevada; Revised and Transportation. EC–5294. A communication from the Attor- Format for Materials Incorporated By Ref- EC–5286. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department erence’’ (FRL No. 9634–9) received in the Of- ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- fice of the President of the Senate on March of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled 6, 2012; to the Committee on Environment ant to law, the report of a rule entitled ‘‘Se- ‘‘Safety Zone; New Year’s Eve Fireworks and Public Works. curity Zones; Captain of the Port Lake Displays within the Captain of the Port St. EC–5303. A communication from the Direc- Michigan; Technical Amendment’’ ((RIN1625– Petersburg Zone, FL’’ ((RIN1625–AA00) tor of the Regulatory Management Division, AA87) (Docket No. USCG–2011–0489)) received (Docket No. USCG–2011–0958)) received in the Environmental Protection Agency, transmit- in the Office of the President of the Senate Office of the President of the Senate on Feb- ting, pursuant to law, the report of a rule en- on February 29, 2012; to the Committee on ruary 29, 2012; to the Committee on Com- titled ‘‘Approval and Promulgation of Imple- Commerce, Science, and Transportation. merce, Science, and Transportation. mentation Plans; New York State Ozone Im- EC–5287. A communication from the Attor- EC–5295. A communication from the Attor- plementation Plan Revision’’ (FRL No. 9645– ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department 4) received in the Office of the President of of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- the Senate on March 7, 2012; to the Com- ant to law, the report of a rule entitled ant to law, the report of a rule entitled mittee on Environment and Public Works. ‘‘Safety Zone; Container Crane Relocation, ‘‘Safety Zone; Truman-Hobbs Alteration of EC–5304. A communication from the Direc- Cooper and Wando Rivers, Charleston, SC’’ the Elgin Joliet and Eastern Railroad Draw- tor of the Regulatory Management Division, ((RIN1625–AA00) (Docket No. USCG–2011– bridge; Illinois River, Morris, Illinois’’ Environmental Protection Agency, transmit- 1045)) received in the Office of the President ((RIN1625–AA00) (Docket No. USCG–2011– ting, pursuant to law, the report of a rule en- of the Senate on February 29, 2012; to the 1058)) received in the Office of the President titled ‘‘Texas: Final Authorization of State Committee on Commerce, Science, and of the Senate on February 29, 2012; to the Hazardous Waste Management Program Re- Transportation. Committee on Commerce, Science, and vision’’ (FRL No. 9643–7) received in the Of- EC–5288. A communication from the Attor- Transportation. fice of the President of the Senate on March ney-Advisor, U.S. Coast Guard, Department EC–5296. A communication from the Attor- 6, 2012; to the Committee on Environment of Homeland Security, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department and Public Works. ant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- EC–5305. A communication from the Direc- ‘‘Safety Zone and Regulated Navigation ant to law, the report of a rule entitled tor of the Regulatory Management Division, Area, Chicago Sanitary and Ship Canal, ‘‘Safety Zone; Fireworks Display, Potomac Environmental Protection Agency, transmit- Romeoville, IL ‘‘ ((RIN1625–AA00) (Docket River, National Harbor Access Channel, MD’’ ting, pursuant to law, the report of a rule en- No. USCG–2011–1108)) received in the Office of ((RIN1625–AA00) (Docket No. USCG–2011– titled ‘‘National Volatile Organic Compound the President of the Senate on February 29, 0976)) received in the Office of the President Emission Standards for Aerosol Coatings— 2012; to the Committee on Commerce, of the Senate on February 29, 2012; to the Addition of Dimethyl Carbonate, Science, and Transportation. Committee on Commerce, Science, and EC–5289. A communication from the Attor- Benzotrifluoride, and Hexamethyldisiloxane Transportation. to Table of Reactivity Factors’’ (FRL No. ney-Advisor, U.S. Coast Guard, Department EC–5297. A communication from the Attor- 9644–8) received in the Office of the President of Homeland Security, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department of the Senate on March 6, 2012; to the Com- ant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- mittee on Environment and Public Works. ‘‘Safety Zone; Art Gallery Party St. Pete ant to law, the report of a rule entitled EC–5306. A communication from the Direc- 2011 Fireworks Display, Tampa Bay, St. Pe- ‘‘Safety Zone; Department of Defense Exer- tor of the Regulatory Management Division, tersburg, FL’’ ((RIN1625–AA00) (Docket No. cise, Hood Canal, Washington’’ ((RIN1625– Environmental Protection Agency, transmit- USCG–2011–0774)) received in the Office of the AA00) (Docket No. USCG–2011–1017)) received ting, pursuant to law, the report of a rule en- President of the Senate on February 29, 2012; in the Office of the President of the Senate titled ‘‘Quality Assurance Requirements for to the Committee on Commerce, Science, on February 29, 2012; to the Committee on Continuous Opacity Monitoring Systems at and Transportation. Commerce, Science, and Transportation. EC–5290. A communication from the Attor- EC–5298. A communication from the Direc- Stationary Sources’’ (FRL No. 9643–9) re- ney-Advisor, U.S. Coast Guard, Department tor of the Regulatory Management Division, ceived in the Office of the President of the of Homeland Security, transmitting, pursu- Environmental Protection Agency, transmit- Senate on March 7, 2012; to the Committee ant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- on Environment and Public Works. ‘‘Safety Zone; Fourth Annual Chillounge titled ‘‘Trifloxystrobin; Pesticide Toler- EC–5307. A communication from the Direc- Night St. Petersburg Fireworks Display, ances’’ (FRL No. 9336–5) received in the Of- tor of the Regulatory Management Division, Tampa Bay, St. Petersburg, FL’’ ((RIN1625– fice of the President of the Senate on March Environmental Protection Agency, transmit- AA00) (Docket No. USCG–2011–0615)) received 7, 2012; to the Committee on Agriculture, Nu- ting, pursuant to law, the report of a rule en- in the Office of the President of the Senate trition, and Forestry. titled ‘‘Effective Date for Water Quality on February 29, 2012; to the Committee on EC–5299. A communication from the Direc- Standards for the State of Florida’s Lakes Commerce, Science, and Transportation. tor of the Regulatory Management Division, and Flowing Waters’’ (FRL No. 9637–1) re- EC–5291. A communication from the Attor- Environmental Protection Agency, transmit- ceived in the Office of the President of the ney-Advisor, U.S. Coast Guard, Department ting, pursuant to law, the report of a rule en- Senate on March 7, 2012; to the Committee of Homeland Security, transmitting, pursu- titled ‘‘Penthiopyrad; Pesticide Tolerances’’ on Environment and Public Works. ant to law, the report of a rule entitled (FRL No. 9335–7) received in the Office of the EC–5308. A communication from the Direc- ‘‘Safety Zone; Temporary Change for Recur- President of the Senate on March 7, 2012; to tor of the Regulatory Management Division, ring Fireworks Display within the Fifth the Committee on Agriculture, Nutrition, Environmental Protection Agency, transmit- Coast Guard District, Wrightsville Beach, and Forestry. ting, pursuant to law, the report of a rule en- NC’’ ((RIN1625–AA00) (Docket No. USCG– EC–5300. A communication from the Chief titled ‘‘Modification of Significant New Uses 2011–0978)) received in the Office of the Presi- Counsel, Federal Emergency Management of Tris Carbamoyl Triazine; Technical Cor- dent of the Senate on February 29, 2012; to Agency, Department of Homeland Security, rection’’ (FRL No. 9339–8) received in the Of- the Committee on Commerce, Science, and transmitting, pursuant to law, the report of fice of the President of the Senate on March Transportation. a rule entitled ‘‘Changes in Flood Deter- 7, 2012; to the Committee on Environment EC–5292. A communication from the Attor- minations’’ ((44 CFR Part 65) (Docket No. and Public Works. ney-Advisor, U.S. Coast Guard, Department FEMA–2012–0003)) received in the Office of EC–5309. A communication from the Direc- of Homeland Security, transmitting, pursu- the President of the Senate on March 7, 2012; tor of the Regulatory Management Division, ant to law, the report of a rule entitled to the Committee on Banking, Housing, and Environmental Protection Agency, transmit- ‘‘Safety Zone; 14-Mile Railroad Bridge Re- Urban Affairs. ting, the Uniform Resource Locator (URL) placement, Mobile River, Mobile, AL’’ EC–5301. A communication from the Chief for a report entitled ‘‘Transmittal of Best ((RIN1625–AA00) (Docket No. USCG–2011– Counsel, Federal Emergency Management Practices to Enhance Coordination in the 0969)) received in the Office of the President Agency, Department of Homeland Security, RCRA Program’’; to the Committee on Envi- of the Senate on February 29, 2012; to the transmitting, pursuant to law, the report of ronment and Public Works. Committee on Commerce, Science, and a rule entitled ‘‘Suspension of Community EC–5310. A communication from the Direc- Transportation. Eligibility’’ ((44 CFR Part 64) (Docket No. tor of the Regulatory Management Division,

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.032 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1540 CONGRESSIONAL RECORD — SENATE March 8, 2012 Environmental Protection Agency, transmit- Timothy S. Hillman, of Massachusetts, to SUBMISSION OF CONCURRENT AND ting, pursuant to law, the report of a rule en- be United States District Judge for the Dis- SENATE RESOLUTIONS titled ‘‘Approval and Promulgation of Imple- trict of Massachusetts. mentation Plans and Designations of Areas Thomas M. Harrigan, of New York, to be The following concurrent resolutions for Air Quality Planning Purposes; Georgia; Deputy Administrator of Drug Enforcement. and Senate resolutions were read, and Atlanta; Determination of Attainment by (Nominations without an asterisk referred (or acted upon), as indicated: Applicable Attainment Date for the 1997 8- By Mr. WYDEN (for himself, Mr. LIE- Hour Ozone Standards’’ (FRL No. 9643–2) re- were reported with the recommenda- tion that they be confirmed.) BERMAN, Mr. MENENDEZ, Mrs. GILLI- ceived in the Office of the President of the BRAND, Mr. WHITEHOUSE, Mr. Senate on March 6, 2012; to the Committee BLUMENTHAL, Mr. MERKLEY, Mr. on Environment and Public Works. f BINGAMAN, and Mr. LAUTENBERG): EC–5311. A communication from the Direc- S. Res. 391. A resolution condemning vio- tor of the Regulatory Management Division, lence by the Government of Syria against Environmental Protection Agency, transmit- INTRODUCTION OF BILLS AND journalists, and expressing the sense of the ting, pursuant to law, the report of a rule en- JOINT RESOLUTIONS Senate on freedom of the press in Syria; to titled ‘‘Approval and Promulgation of Imple- The following bills and joint resolu- the Committee on Foreign Relations. mentation Plans and Designations of Areas By Mr. BROWN of Massachusetts (for for Air Quality Planning Purposes; North tions were introduced, read the first himself, Mrs. FEINSTEIN, and Mr. Carolina and South Carolina; Charlotte; De- and second times by unanimous con- KIRK): termination of Attainment by Applicable At- sent, and referred as indicated: S. Res. 392. A resolution urging the Repub- tainment Date for the 1997 8-Hour Ozone By Mr. INHOFE: lic of Turkey to safeguard its Christian her- Standards’’ (FRL No. 9643–3) received in the S. 2174. A bill to exempt natural gas vehi- itage and to return confiscated church prop- Office of the President of the Senate on cles from certain maximum fuel economy in- erties; to the Committee on Foreign Rela- March 6, 2012; to the Committee on Environ- crease standards, and for other purposes; to tions. ment and Public Works. the Committee on Commerce, Science, and EC–5312. A communication from the Direc- By Mr. BENNET (for himself, Mrs. Transportation. MURRAY, Mr. BOOZMAN, Mr. MERKLEY, tor of the Regulatory Management Division, By Mr. UDALL of Colorado: Environmental Protection Agency, transmit- and Mr. HATCH): S. 2175. A bill to amend the National De- ting, pursuant to law, the report of a rule en- S. Res. 393. A resolution designating March fense Authorization Act for Fiscal Year 2012 titled ‘‘Revisions to the California State Im- 11, 2012 as ‘‘World Plumbing Day’’; consid- to provide for the trial of covered persons de- plementation Plan, South Coast Air Quality ered and agreed to. tained in the United States pursuant to the Management District’’ (FRL No. 9626–6) re- f Authorization for Use of Military Force and ceived in the Office of the President of the to repeal the requirement for military cus- Senate on March 6, 2012; to the Committee ADDITIONAL COSPONSORS tody; to the Committee on Armed Services. on Environment and Public Works. S. 412 EC–5313. A communication from District of By Mr. GRAHAM (for himself, Mr. At the request of Mr. LEVIN, the Columbia Auditor, transmitting, pursuant to MCCAIN, Mr. DEMINT, Mr. CHAMBLISS, law, a report entitled, ‘‘Sufficiency Review and Mr. JOHNSON of Wisconsin): name of the Senator from Oregon (Mr. of the Reasonableness of the District of Co- S. 2176. A bill to amend the Nuclear Waste MERKLEY) was added as a cosponsor of lumbia Water and Sewer Authority’s (DC Policy Act of 1982 to require the President to S. 412, a bill to ensure that amounts Water) Fiscal Year 2012 Revenue Estimate certify that the Yucca Mountain site re- credited to the Harbor Maintenance Totaling $426,416,477’’; to the Committee on mains the designated site for the develop- Trust Fund are used for harbor mainte- Homeland Security and Governmental Af- ment of a repository for the disposal of high- nance. fairs. level radioactive waste, and for other pur- S. 687 EC–5314. A communication from the Chair- poses; to the Committee on Energy and Nat- man of the Council of the District of Colum- ural Resources. At the request of Mr. CORNYN, the bia, transmitting, pursuant to law, a report By Mr. LUGAR: name of the Senator from Arkansas on D.C. Act 19–320 ‘‘District of Columbia S. 2177. A bill to strengthen the North At- (Mr. BOOZMAN) was added as a cospon- Public Schools and Public Charter School lantic Treaty Organization; to the Com- sor of S. 687, a bill to amend the Inter- Student Residency Fraud Prevention mittee on Foreign Relations. nal Revenue Code of 1986 to perma- Amendment Act of 2012’’; to the Committee By Mr. CARPER (for himself, Mr. nently extend the 15-year recovery pe- PORTMAN, Mr. PRYOR, Mr. COBURN, on Homeland Security and Governmental Af- riod for qualified leasehold improve- fairs. and Mr. BEGICH): EC–5315. A communication from the Chair- S. 2178. A bill to require the Federal Gov- ment property, qualified restaurant man of the Council of the District of Colum- ernment to expedite the sale of underutilized property, and qualified retail improve- bia, transmitting, pursuant to law, a report Federal real property; to the Committee on ment property. on D.C. Act 19–319 ‘‘Uniform Collaborative Homeland Security and Governmental Af- S. 839 Law Act of 2012’’; to the Committee on fairs. At the request of Ms. KLOBUCHAR, the Homeland Security and Governmental Af- By Mr. WEBB (for himself, Mr. HARKIN, name of the Senator from Maine (Ms. fairs. Mr. BROWN of Massachusetts, Mr. EC–5316. A communication from the Direc- CARPER, and Mrs. MCCASKILL): COLLINS) was added as a cosponsor of S. tor, Administrative Office of the United S. 2179. A bill to amend title 38, United 839, a bill to ban the sale of certain States Courts, transmitting, pursuant to States Code, to improve oversight of edu- synthetic drugs. law, an annual report on crime victims’ cational assistance provided under laws ad- S. 881 rights; to the Committee on the Judiciary. ministered by the Secretary of Veterans Af- EC–5317. A communication from the Assist- At the request of Ms. LANDRIEU, the fairs and the Secretary of Defense, and for name of the Senator from South Da- ant Attorney General, Office of Legislative other purposes; to the Committee on Vet- Affairs, Department of Justice, transmit- erans’ Affairs. kota (Mr. THUNE) was added as a co- ting, pursuant to law, a report on the De- By Mr. BEGICH: sponsor of S. 881, a bill to amend the partment’s activities during Calendar Year S. 2180. A bill to amend the Internal Rev- Consumer Credit Protection Act to as- 2011 relative to the Equal Credit Opportunity enue Code of 1986 to provide a tax credit for sure meaningful disclosures of the Act; to the Committee on the Judiciary. professional school personnel in early child- terms of rental-purchase agreements, f hood education, to expand the deduction for including disclosures of all costs to certain expenses of teachers to teachers in EXECUTIVE REPORTS OF consumers under such agreements, to early childhood education, and to modify the provide substantive rights to con- COMMITTEE credit for dependent care services; to the sumers under such agreements, and for The following executive reports of Committee on Finance. nominations were submitted: By Mr. BEGICH: other purposes. By Mr. LEAHY for the Committee on the S. 2181. A bill to amend the Higher Edu- S. 922 Judiciary. cation Act of 1965 to provide for loan forgive- At the request of Mrs. GILLIBRAND, Jeffrey J. Helmick, of Ohio, to be United ness for early childhood educators, and for the name of the Senator from New other purposes; to the Committee on Health, States District Judge for the Northern Dis- York (Mr. SCHUMER) was added as a co- trict of Ohio. Education, Labor, and Pensions. sponsor of S. 922, a bill to amend the By Mr. BEGICH: Patty Shwartz, of New Jersey, to be United Workforce Investment Act of 1998 to States Circuit Judge for the Third Circuit. S. 2182. A bill to establish a program to Mary Geiger Lewis, of South Carolina, to provide child care through public-private authorize the Secretary of Labor to be United States District Judge for the Dis- partnerships; to the Committee on Health, provide grants for Urban Jobs Pro- trict of South Carolina. Education, Labor, and Pensions. grams, and for other purposes.

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.034 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1541 S. 1002 to maintain, and permit school per- S. 2156 At the request of Mr. SCHUMER, the sonnel to administer, epinephrine at At the request of Mr. BEGICH, the name of the Senator from Utah (Mr. schools. name of the Senator from Alaska (Ms. HATCH) was added as a cosponsor of S. S. 1915 MURKOWSKI) was added as a cosponsor 1002, a bill to prohibit theft of medical At the request of Mr. JOHANNS, his of S. 2156, a bill to amend the Migra- products, and for other purposes. name was added as a cosponsor of S. tory Bird Hunting and Conservation S. 1086 1915, a bill to amend the Motor Carrier Stamp Act to permit the Secretary of At the request of Mr. HARKIN, the Safety Improvement Act of 1999 to pro- the Interior, in consultation with the names of the Senator from Maryland vide clarification regarding the appli- Migratory Bird Conservation Commis- (Ms. MIKULSKI) and the Senator from cability of exemptions relating to the sion, to set prices for Federal Migra- Alaska (Mr. BEGICH) were added as co- transportation of agricultural com- tory Bird Hunting and Conservation sponsors of S. 1086, a bill to reauthorize modities and farm supplies, and for Stamps and make limited waivers of the Special Olympics Sport and Em- other purposes. stamp requirements for certain users. powerment Act of 2004, to provide as- S. 1935 S. RES. 310 sistance to Best Buddies to support the At the request of Mrs. HAGAN, the At the request of Ms. MIKULSKI, the expansion and development of men- names of the Senator from Indiana name of the Senator from California toring programs, and for other pur- (Mr. LUGAR) and the Senator from Cali- (Mrs. BOXER) was added as a cosponsor poses. fornia (Mrs. FEINSTEIN) were added as of S. Res. 310, a resolution designating S. 1148 cosponsors of S. 1935, a bill to require 2012 as the ‘‘Year of the Girl’’ and Con- At the request of Mrs. MURRAY, the the Secretary of the Treasury to mint gratulating Girl Scouts of the USA on name of the Senator from Connecticut coins in recognition and celebration of its 100th anniversary. (Mr. BLUMENTHAL) was added as a co- the 75th anniversary of the establish- AMENDMENT NO. 1589 sponsor of S. 1148, a bill to amend title ment of the March of Dimes Founda- At the request of Mr. DEMINT, the 38, United States Code, to improve the tion. names of the Senator from Utah (Mr. provision of assistance to homeless vet- S. 1956 LEE) and the Senator from Wisconsin erans, to improve the regulation of fi- At the request of Mr. THUNE, the (Mr. JOHNSON) were added as cospon- duciaries who represent individuals for name of the Senator from Florida (Mr. sors of amendment No. 1589 proposed to purposes of receiving benefits under RUBIO) was added as a cosponsor of S. S. 1813, a bill to reauthorize Federal- laws administered by the Secretary of 1956, a bill to prohibit operators of civil aid highway and highway safety con- Veterans Affairs, and for other pur- aircraft of the United States from par- struction programs, and for other pur- poses. ticipating in the European Union’s poses. S. 1283 emissions trading scheme, and for AMENDMENT NO. 1617 At the request of Mr. DURBIN, the other purposes. At the request of Mr. JOHANNS, his name of the Senator from Washington S. 2010 name was added as a cosponsor of (Mrs. MURRAY) was added as a cospon- At the request of Mr. KERRY, the amendment No. 1617 intended to be pro- sor of S. 1283, a bill to amend the Fam- name of the Senator from Alaska (Mr. posed to S. 1813, a bill to reauthorize ily and Medical Leave Act of 1993 to BEGICH) was added as a cosponsor of S. Federal-aid highway and highway safe- permit leave to care for a same-sex 2010, a bill to amend title II of the So- ty construction programs, and for spouse, domestic partner, parent-in- cial Security Act to repeal the Govern- other purposes. law, adult child, sibling, grandchild, or ment pension offset and windfall elimi- AMENDMENT NO. 1818 grandparent who has a serious health nation provisions. At the request of Mr. LEVIN, the condition. S. 2027 name of the Senator from Rhode Island HITEHOUSE S. 1301 At the request of Mr. BENNET, the (Mr. W ) was added as a co- At the request of Mr. LEAHY, the name of the Senator from Oregon (Mr. sponsor of amendment No. 1818 pro- name of the Senator from Washington WYDEN) was added as a cosponsor of S. posed to S. 1813, a bill to reauthorize (Mrs. MURRAY) was added as a cospon- 2027, a bill to improve microfinance Federal-aid highway and highway safe- sor of S. 1301, a bill to authorize appro- and microenterprise, and for other pur- ty construction programs, and for priations for fiscal years 2012 through poses. other purposes. AMENDMENT NO. 1822 2015 for the Trafficking Victims Pro- S. 2103 At the request of Mr. BROWN of Mas- tection Act of 2000, to enhance meas- At the request of Mr. LEE, the name ures to combat trafficking in persons, of the Senator from Wyoming (Mr. sachusetts, his name was added as a co- sponsor of amendment No. 1822 pro- and for other purposes. ENZI) was added as a cosponsor of S. S. 1673 2103, a bill to amend title 18, United posed to S. 1813, a bill to reauthorize Federal-aid highway and highway safe- At the request of Mr. AKAKA, the States Code, to protect pain-capable name of the Senator from New York unborn children in the District of Co- ty construction programs, and for other purposes. (Mrs. GILLIBRAND) was added as a co- lumbia, and for other purposes. f sponsor of S. 1673, a bill to establish S. 2134 the Office of Agriculture Inspection At the request of Mr. BLUMENTHAL, STATEMENTS ON INTRODUCED within the Department of Homeland the name of the Senator from Montana BILLS AND JOINT RESOLUTIONS Security, which shall be headed by the (Mr. TESTER) was added as a cosponsor By Mr. WEBB (for himself, Mr. Assistant Commissioner for Agri- of S. 2134, a bill to amend title 10, HARKIN, Mr. BROWN of Massa- culture Inspection, and for other pur- United States Code, to provide for cer- chusetts, Mr. CARPER, and Mrs. poses. tain requirements relating to the re- MCCASKILL): S. 1880 tirement, adoption, care, and recogni- S. 2179. A bill to amend title 38, At the request of Mr. BARRASSO, the tion of military working dogs, and for United States Code, to improve over- name of the Senator from Maine (Ms. other purposes. sight of educational assistance pro- COLLINS) was added as a cosponsor of S. S. 2150 vided under laws administered by the 1880, a bill to repeal the health care At the request of Ms. SNOWE, the Secretary of Veterans Affairs and the law’s job-killing health insurance tax. name of the Senator from Maine (Ms. Secretary of Defense, and for other S. 1884 COLLINS) was added as a cosponsor of purposes; to the Committee on Vet- At the request of Mr. DURBIN, the S. 2150, a bill to amend title XVI of the erans’ Affairs. name of the Senator from New Hamp- Social Security Act to clarify that the Mr. WEBB. Mr. President, today, I shire (Mrs. SHAHEEN) was added as a co- value of certain funeral and burial ar- am introducing The Military and Vet- sponsor of S. 1884, a bill to provide rangements are not to be considered erans Educational Reform Act of 2012. States with incentives to require ele- available resources under the supple- This bi-partisan bill will ensure that mentary schools and secondary schools mental security income program. all educational institutions receiving

VerDate Mar 15 2010 04:43 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.037 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1542 CONGRESSIONAL RECORD — SENATE March 8, 2012 funding from the Post-9/11 GI Bill and marketing and recruitment of veterans Affairs, the Department of Defense and Tuition Assistance educational pro- into poorly performing for-profit the Department of Education by re- grams are governed by the appropriate schools, and the results of the Vet- quiring information sharing among quality standards. eran’s Administration data on the GI these agencies. I am pleased to be joined in this ini- Bill reflect this. This is a bill that I hope both sides of tiative by Senators HARKIN, CARPER, The problem is not necessarily the the aisle will support. It not only aims MCCASKILL and Senator SCOTT BROWN. growth of the for-profit sector. There at preserving the greatest educational I have been working on this legisla- are some for-profit institutions that benefits for our veterans and military tion for several months. It includes are providing our students a great edu- students but it also ensures that our many recommendations made by Vet- cation. But with huge Federal dollars Federal dollars are being spent on qual- erans service organizations, military being spent in this sector, we owe it to ity education. organizations and various GAO reports the taxpayers and to our veterans to on the need to improve the account- carefully monitor and provide adequate By Mr. BEGICH: S. 2180. A bill to amend the Internal ability and oversight of educational in- oversight. Even more important, we Revenue Code of 1986 to provide a tax stitutions. owe it to the men and women who This past year marked the second- served that the GI benefits they have credit for professional school personnel in early childhood education, to expand year anniversary of the implementa- earned will not be lost or squandered the deduction for certain expenses of tion of the landmarks Post-9/11 G.I. on an education that fails to equip teachers to teachers in early childhood Bill, which I introduced on my first them with the skills and knowledge education, and to modify the credit for day in office. I take pride in saying they need to be successful. dependent care services; to the Com- that we have been able to provide the In light of these issues, I have intro- mittee on Finance. proper investment in the future of duced the Military and Veterans Edu- cational Reform Act of 2012. My legis- Mr. President, today I rise to intro- those who, since 9/11, have given so duce a package of legislation, the Keep much to this country. lation requires schools participating in educational assistance programs Investing in Developmental Success, History demonstrates clearly that KIDS, Act of 2012. These three early well educated veterans not only have through the Department of Veterans Affairs and the Department of Defense childhood bills will address access, an easier transition and readjustment quality and affordability in early edu- experience, but also boast higher in- to meet the same educational stand- ards currently required for other fed- cation programs. come levels and enjoy a better quality These bills, S. 2180, S. 2181, and S. of life. eral funding, such as the Pell Grant. This bill strengthens the responsibil- 2182, are a step towards a commitment Since 2009, more than 1.1 million to effective early education programs. servicemembers and veterans have ap- ities of the Department of Veterans Af- fairs and Department of Defense to as- We all want America’s kids ready to plied to receive their new benefits and learn and ready to succeed when they nearly 700,000 have received benefits sist individuals in making an informed decision to further their continued aca- enter school. under the Post-9/11 GI Bill. All the data shows early education is For these reasons, I believe that we demic success. This legislation will increase trans- one of the strongest predictors of grad- in the Congress need to do all we can to uation. ensure that we are preserving the in- parency of information about edu- cational institutions, provide critical The payoff is clear: every dollar in- tegrity of the greatest GI Bill our vet- vested in early education programs erans and military members have ever services to assist students in the deci- sion-making process and throughout today returns $16 in better outcomes had. for individuals, families and commu- Concern with waste in the for-profit their career, and promote interagency information sharing by requiring all nities. You can’t find a better invest- sector is not a new issue. If we look ment and the payoff is very clear when back in history, 5 years following the programs receiving funding from Tui- tion Assistance and Post-9/11 GI Bill be you see and talk to the kids who have creation of the World War II GI Bill in Title IV eligible. Title IV eligibility gone through Head Start. 1944, we saw that more than 5,000 for- strengthens the requirements programs One snowy night about a month ago profit schools were created. Many of must meet in order to receive Federal in Anchorage, I met with about 50 these schools had questionable out- funding. strongly committed Alaska educators comes and catered exclusively to vet- By also increasing the transparency to talk about how to improve our erans. of educational institutions by requir- schools and prepare our students for The World War II GI Bill was almost ing them to provide information to po- the competitive 21st century economy. derailed because of the thousands of tential students on graduation rates, From that conversation arose the for-profit colleges created overnight default rates, and other critical infor- idea for three bills I am introducing targeting veterans. Due to the concern mation to ensure that individuals have today. with the reported waste and abuse in the information necessary in choosing First, we will amend the tax code to the system, the Vietnam GI Bill tui- the best academic program. provide a tax credit for early childhood tion provision became a flat monthly By expanding the training and out- educators. The Tax Relief for Early stipend. reach responsibilities of the State Ap- Educators Act will expand the deduc- Recent data shows that 8 of the 10 proving Agencies by requiring them to tions for certain expenses for early largest recipients of Post-9/11 GI Bill conduct outreach activities to veterans childhood education and increase the benefits are for-profit institutions. and members of the Armed Forces, re- child care tax credit so more parents Many of these schools have more than quiring State Approving Agencies to can afford to put their children in qual- doubled the amount of Post-9/11 GI Bill conduct audits of schools and to report ity early child development programs. dollars they received from 2009–2011. those findings to the Secretary of Vet- Right now, a family pays more than The growth in this sector has been erans Affairs. $1,400 a month for two young children. tremendous in the past couple of years. By requiring that the Secretary of For most working families, that is not Between 1998 and 2008, for-profit Veterans Affairs and the Secretary of only a hardship, that is out of reach. schools grew 225 percent. Defense develop a centralized com- Because employees of early childhood Last month, the Department of De- plaints process for individuals to report programs tend to earn low wages, we fense released new data showing that instances of misrepresentation, fraud, also will offer them a tax credit of up for-profit colleges received half of all waste and abuse and other complaints to $3,000 and expand the deduction for military tuition assistance dollars— against educational institutions. certain expenses to early childhood $280 million out of $563 million spent By requiring that the Secretary of educators. last year on this program. Veterans Affairs and the Secretary of Second, we will create a new student In 2009, the 15 publicly traded for- Defense provide counseling to individ- loan forgiveness program for graduates profit education companies spent $3.7 uals before they use their benefits. of associate’s or bachelor’s programs in billion on marketing. A dispropor- By increasing greater coordination early education. The Preparing and Re- tionate share of this money is going to between the Department of Veterans investing in Early Education Act, or

VerDate Mar 15 2010 04:43 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.039 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1543 PRE ED, will provide needed relief for Whereas Reporters Without Borders, an Resolved, That the Senate— early educators and encourage more to international nongovernmental organization (1) calls on the Government of Syria to im- work with kids through age five. Well- that advocates freedom of the press and free- mediately open the country up to inde- trained educators providing quality dom of information, has listed Bashar al- pendent and foreign journalists and imme- Assad as a Predator of Freedom of the Press; early education to our children makes diately end its media blackout; Whereas the League of Arab States called (2) condemns in the strongest possible all the difference in a child’s success. for the media to be allowed into Syria during Third, we need to reward companies terms the Government of Syria’s abuse, in- its monitoring mission that was suspended timidation, and violence towards journalists, offering onsite or near-site childcare indefinitely on January 28, 2012, due to the videographers, and bloggers; with a company cost-share. We know it ‘‘critical deterioration of the situation’’ in (3) calls on the Government of Syria to im- works for the company and for the em- Syria; mediately release all journalists, ployee—just look around our state. Whereas freelance journalist Ferzat Jarban videographers, and bloggers who have been was tortured and killed on November 19 or In Alaska BP, Credit Union One and detained, arrested, or imprisoned; 20, 2011, after filming protests in Al-Qassir, Fairbanks Memorial Hospital are great (4) pays tribute to the journalists who have Syria; examples. They all offer quality onsite lost their lives while reporting on the con- Whereas videographer Basil al-Sayed died centers. They know it makes more pro- on December 27, 2011, from a gunshot wound flict in Syria; ductive employees. he suffered 5 days earlier at a checkpoint in (5) commends the bravery and courage of The Child Care Public-Private Part- the Baba Amr neighborhood in the city of journalists who continue to operate in nership Act will establish a program to Homs, Syria; harm’s way; provide child care through partner- Whereas Shukri Abu al-Burghul of the (6) supports the people of Syria seeking ac- ships. Through new grant incentives state-owned daily Al Thawra and Radio Da- cess to a free flow of accurate news and other for small and medium companies, we mascus died on January 3, 2012, in Damascus, forms of information; can help more Alaska companies do the Syria from a gunshot wound to the head he (7) recognizes the critical role that tech- same. suffered four days earlier; nology plays in helping independent journal- This package of bills, the KIDS Act, Whereas Gilles Jacquier, a correspondent ists report the facts on the ground; with France 2 television, was killed in a gre- (8) condemns all acts of censorship and is not a new idea, and I appreciate my nade explosion on January 11, 2012, while other restrictions on freedom of the press, colleagues who have come before this covering demonstrations in the city of Homs; freedom of speech, and freedom of expression body with similar proposals. However, Whereas freelance journalist Mazhar in Syria; this is the time to pass these bills—for Tayyara, a videographer and photojournalist (9) strongly condemns all nations that as- working families struggling to make who contributed to Agence France-Presse sist or enable the Government of Syria’s on- ends meet. Parents should have access and other international outlets, was killed going repression of the media; and to affordable, high-quality early care by government forces’ fire in the city of (10) reaffirms the centrality of press free- and learning services, early childhood Homs on February 4, 2012; dom to efforts by the United States Govern- Whereas New York Times correspondent educators should have liveable wages ment to support democracy and promote Anthony Shadid died of an asthma attack on good governance around the world. and benefits and business will be more February 16, 2012, while attempting to leave productive. Syria after reporting inside the country for a In closing, let me say I feel very priv- week, gathering information on the Free f ileged to be involved with policy dis- Syrian Army and other armed elements of cussions and the formation of bills the resistance to the government of Presi- SENATE RESOLUTION 392—URGING such as these. This is a bipartisan dent Bashar al-Assad; THE REPUBLIC OF TURKEY TO Whereas freelance journalist Rami al- issue. I strongly encourage my col- SAFEGUARD ITS CHRISTIAN leagues to join me in cosponsoring Sayed, who filmed videos of Syrian security forces’ repressive acts, was killed on Feb- HERITAGE AND TO RETURN CON- these bills and I urge their quick ac- ruary 21, 2012, while covering the bombard- FISCATED CHURCH PROPERTIES tion and approval. ment of the city of Homs by Government of f Syria forces; Mr. BROWN of Massachusetts (for Whereas journalist Marie Colvin of the himself, Mrs. FEINSTEIN, and Mr. KIRK) SUBMITTED RESOLUTIONS Sunday Times, a United States citizen, and submitted the following resolution; freelance photojournalist Remi Ochlik were killed on February 22, 2012, after their make- which was referred to the Committee SENATE RESOLUTION 391—CON- shift press center in Homs was struck by on Foreign Relations: DEMNING VIOLENCE BY THE rockets fired by Government of Syria forces; S. RES. 392 GOVERNMENT OF SYRIA Whereas, on February 22, 2012, Department AGAINST JOURNALISTS, AND EX- of State Spokesman Mark Toner stated, Resolved, That it is the sense of the Senate PRESSING THE SENSE OF THE ‘‘[T]oday, we’re also clearly deeply troubled that the Secretary of State, in all official SENATE ON FREEDOM OF THE and saddened by reports that American jour- contacts with officials and representatives of nalist Marie Colvin and French journalist PRESS IN SYRIA the Government of Turkey, should empha- Remi Ochlik were killed today in Homs as a Mr. WYDEN (for himself, Mr. LIEBER- result of the intense shelling, the ongoing in- size that the Government of Turkey should— (1) end all forms of religious discrimina- MAN, Mr. MENENDEZ, Mrs. GILLIBRAND, tense shelling by the Syrian regime. . . . We, tion; Mr. WHITEHOUSE, Mr. BLUMENTHAL, Mr. of course, extend our deepest condolences to (2) allow the rightful church and lay own- MERKLEY, Mr. BINGAMAN, and Mr. LAU- their families and loved ones and just note that their sacrifice in chronicling the daily ers of Christian church properties, without TENBERG) submitted the following reso- hindrance or restriction, to organize and ad- lution; which was referred to the Com- suffering of the people of Homs stands as a testament to journalism’s highest stand- minister prayer services, religious edu- mittee on Foreign Relations: ards.’’; cation, clerical training, appointments, and S. RES. 391 Whereas 13 opposition activists in Syria succession, religious community gatherings, Whereas United Nations Security Council were killed during a weeklong attempt to social services, including ministry to the Resolution 1738 (2006) obliges states to ensure rescue 4 foreign journalists, 2 of whom were needs of the poor and infirm, and other reli- the safety of journalists in war zones; injured, who were trapped in Homs as a re- gious activities; Whereas, since the uprisings in Syria sult of the bombardment by the Government (3) return to their rightful owners all began in January 2011, the Government of of Syria that killed Marie Colvin and Remi Christian churches and other places of wor- Syria has denied entry to foreign journalists Ochlik; ship, monasteries, schools, hospitals, monu- and arrested, abducted, beaten, tortured, and Whereas videographer Anas al-Tarsha, who ments, relics, holy sites, and other religious killed journalists, photographers, and documented unrest in the besieged city of properties, including movable properties, bloggers to prevent the free flow of accurate Homs, was killed by a mortar round while such as artwork, manuscripts, vestments, information to the outside world; filming the bombardment of the city’s vessels, and other artifacts; and Whereas restrictions imposed by the Gov- Qarabees district on February 24, 2012; (4) allow the rightful Christian church and ernment of Syria on media have made it ex- Whereas, from 1992 through 2010, zero jour- lay owners of Christian church properties, traordinarily difficult to verify death tolls nalists were killed in Syria according to the without hindrance or restriction, to pre- and the exact nature and course of events Committee to Protect Journalists; and serve, reconstruct, and repair, as they see within the country; Whereas the Government of Syria has con- fit, all Christian churches and other places of Whereas Syrian state media reports differ tinued to arbitrarily arrest and detain worship, monasteries, schools, hospitals, significantly from the few independent re- prominent Syrian journalists and bloggers: monuments, relics, holy sites, and other reli- ports that make their way out of Syria; Now, therefore, be it gious properties within Turkey.

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.041 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1544 CONGRESSIONAL RECORD — SENATE March 8, 2012 SENATE RESOLUTION 393—DESIG- him to the bill S. 1813, to reauthorize (2) in sections 101, 102, 203, 207, 208, 304, and NATING MARCH 11, 2012 AS Federal-aid highway and highway safe- 402, by striking ‘‘2011’’ each place it appears ‘‘WORLD PLUMBING DAY’’ ty construction programs, and for and inserting ‘‘2012’’; other purposes; which was ordered to (3) in section 102— Mr. BENNET (for himself, Mrs. MUR- (A) by striking ‘‘2008’’ each place it appears RAY, Mr. BOOZMAN, Mr. MERKLEY, and lie on the table; as follows: and inserting ‘‘2012’’; Mr. HATCH) submitted the following On page 792, strike line 20 and all that fol- (B) in subsection (b)(2)(B), by inserting ‘‘in resolution; which was considered and lows through page 793, line 2, and insert the 2012’’ before ‘‘, the election’’; and following: agreed to: (C) in subsection (d)— ‘‘(2) CLEAN FUEL VEHICLE.—The term ‘clean (i) in paragraph (1)(A), by striking ‘‘para- S. RES. 393 fuel vehicle’ means— graph (3)(B)’’ and inserting ‘‘subparagraph Whereas the industry of plumbing plays an ‘‘(A) a passenger vehicle used to provide (D)’’; and important role in safeguarding the public public transportation that the Adminis- (ii) in paragraph (3)— health of the people of the United States and trator of the Environmental Protection (I) by striking subparagraph (A) and insert- the world; Agency has certified sufficiently reduces en- ing the following: Whereas 884,000,000 people around the world ergy consumption or reduces harmful emis- ‘‘(A) NOTIFICATION.—The Governor of each do not have access to safe drinking water; sions, including direct carbon emissions, eligible State shall notify the Secretary con- Whereas 2,600,000,000 people around the when compared to a comparable standard ve- cerned of an election by an eligible county world live without adequate sanitation fa- hicle; or under this subsection not later than Sep- cilities; ‘‘(B) a zero emission bus used to provide tember 30, 2012, and each September 30 there- Whereas the lack of sanitation is the larg- public transportation. after for each succeeding fiscal year.’’; est cause of infection in the world; On page 794, between lines 13 and 14, insert (II) by redesignating subparagraph (B) as Whereas in the developing world, 24,000 the following: subparagraph (D) and moving the subpara- children under the age of 5 die every day ‘‘(7) ZERO EMISSION BUS.—The term ‘zero graph so as to appear at the end of paragraph from preventable causes, such as diarrhea emission bus’ means a clean fuel vehicle that (1) of subsection (d); and contracted from unclean water; produces no carbon or particulate matter. (III) by inserting after subparagraph (A) Whereas safe and efficient plumbing helps On page 794, between lines 22 and 23, insert the following: save money and reduces future water supply the following: ‘‘(B) FAILURE TO ELECT.—If the Governor of costs and infrastructure costs; ‘‘(3) COMBINATION OF FUNDING SOURCES.— an eligible State fails to notify the Sec- Whereas the installation of modern plumb- ‘‘(A) COMBINATION PERMITTED.—A project retary concerned of the election for an eligi- ing systems must be accomplished in a spe- carried out under this section may receive ble county by the date specified in subpara- cific, safe manner by trained professionals in funding under section 5307, or any other pro- graph (A)— order to prevent widespread disease, which vision of law. ‘‘(i) the eligible county shall be considered can be crippling and deadly to the commu- ‘‘(B) GOVERNMENT SHARE.—Nothing in this to have elected to expend 80 percent of the nity; paragraph may be construed to alter the funds in accordance with paragraph (1)(A); Whereas the people of the United States Government share required under this sec- and rely on plumbing professionals to maintain, tion, section 5307, or any other provision of ‘‘(ii) the remainder shall be available to repair, and rebuild the aging water infra- law. the Secretary concerned to carry out structure of the United States; On page 795, line 10, strike ‘‘(f)’’ and insert projects in the eligible county to further the Whereas Congress and plumbing profes- the following: purpose described in section 202(b).’’; sionals across the United States and the ‘‘(f) PRIORITY CONSIDERATION.—In making (4) in section 103(d)(2), by striking ‘‘fiscal world are committed to safeguarding public grants under this section, the Secretary year 2011’’ and inserting ‘‘each of fiscal years health; and shall give priority to projects relating to 2011 and 2012’’; Whereas the founding organization of clean fuel buses that make greater reduc- (5) in section 202, by adding at the end the World Plumbing Day, the World Plumbing tions in energy consumption and harmful following: Council, is currently being chaired by GP emissions, including direct carbon emissions, ‘‘(c) ADMINISTRATIVE EXPENSES.—A re- Russ Chaney, a United States citizen: Now, than comparable standard buses or other source advisory committee may, in accord- therefore, be it clean fuel buses. Resolved, That the Senate designates ‘‘(g) ance with section 203, propose to use not March 11, 2012, as ‘‘World Plumbing Day’’. more than 10 percent of the project funds of SA 1825. Mr. BAUCUS (for himself, an eligible county for any fiscal year for ad- f Mr. BINGAMAN, Mr. WYDEN, Mr. ministrative expenses associated with oper- AMENDMENTS SUBMITTED AND MERKLEY, Mr. TESTER, Mr. CRAPO, Mr. ating the resource advisory committee under PROPOSED RISCH, and Ms. MURKOWSKI) submitted this title.’’; an amendment intended to be proposed (6) in section 204(e)(3)(B)(iii), by striking SA 1824. Mr. GRAHAM submitted an ‘‘and 2011’’ and inserting ‘‘through 2012’’; amendment intended to be proposed by him by him to the bill S. 1813, to reauthor- (7) in section 205(a)(4), by striking ‘‘2006’’ to the bill S. 1813, to reauthorize Federal-aid ize Federal-aid highway and highway each place it appears and inserting ‘‘2011’’; highway and highway safety construction safety construction programs, and for (8) in section 208(b), by striking ‘‘2012’’ and programs, and for other purposes; which was other purposes; as follows: inserting ‘‘2013’’; ordered to lie on the table. At the end of division D, insert the fol- (9) in section 302(a)(2)(A), by inserting SA 1825. Mr. BAUCUS (for himself, Mr. lowing: ‘‘and’’ after the semicolon; and BINGAMAN, Mr. WYDEN, Mr. MERKLEY, Mr. TITLE IV—REAUTHORIZATION OF (10) in section 304(b), by striking ‘‘2012’’ TESTER, Mr. CRAPO, Mr. RISCH, and Ms. MUR- CERTAIN PROGRAMS and inserting ‘‘2013’’. KOWSKI) submitted an amendment intended (b) FAILURE TO MAKE ELECTION.—For each to be proposed by him to the bill S. 1813, Subtitle A—Secure Rural Schools and county that failed to make an election for supra. Community Self-determination Program fiscal year 2011 in accordance with section SA 1826. Mr. ROBERTS submitted an SEC. 40401. SECURE RURAL SCHOOLS AND COM- 102(d)(3)(A) of the Secure Rural Schools and amendment intended to be proposed by him MUNITY SELF-DETERMINATION PRO- to the bill S. 1813, supra. GRAM. Community Self-Determination Act of 2000 SA 1827. Ms. MURKOWSKI submitted an (a) AMENDMENTS.—The Secure Rural (16 U.S.C. 7112(d)(3)(A)), there shall be avail- amendment intended to be proposed by her Schools and Community Self-Determination able to the Secretary of Agriculture to carry to the bill S. 1813, supra; which was ordered Act of 2000 (16 U.S.C. 7101 et seq.) is amend- out projects to further the purpose described to lie on the table. ed— in section 202(b) of that Act (16 U.S.C. SA 1828. Ms. KLOBUCHAR submitted an (1) in section 3(11)— 7122(b)), from amounts in the Treasury not amendment intended to be proposed by her (A) in subparagraph (A), by striking ‘‘and’’ otherwise appropriated, the amount that is to the bill S. 1813, supra; which was ordered after the semicolon at the end; equal to 15 percent of the total share of the to lie on the table. (B) in subparagraph (B)— State payment that otherwise would have SA 1829. Mr. JOHANNS submitted an (i) by striking ‘‘fiscal year 2009 and each been made to the county under that Act for amendment intended to be proposed by him fiscal year thereafter’’ and inserting ‘‘each of fiscal year 2011. to the bill S. 1813, supra; which was ordered fiscal years 2009 through 2011’’; and Subtitle B—Payment in Lieu of Taxes to lie on the table. (ii) by striking the period at the end and inserting ‘‘; and’’; and Program f (C) by adding at the end the following: SEC. 40411. PAYMENTS IN LIEU OF TAXES. TEXT OF AMENDMENTS ‘‘(C) for fiscal year 2012 and each fiscal year thereafter, the amount that is equal to Section 6906 of title 31, United States Code, SA 1824. Mr. GRAHAM submitted an 95 percent of the full funding amount for the is amended by striking ‘‘2012’’ and inserting amendment intended to be proposed by preceding fiscal year.’’; ‘‘2013’’.

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.046 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1545 Subtitle C—Offsets ‘‘(C) the date of each such payment, and (2) reportable death benefits paid after De- SEC. 40421. TAX REPORTING FOR LIFE SETTLE- ‘‘(D) the amount of each such payment. cember 31, 2012. MENT TRANSACTIONS. ‘‘(2) STATEMENT TO BE FURNISHED TO PER- SEC. 40422. CLARIFICATION OF TAX BASIS OF (a) IN GENERAL.—Subpart B of part III of SONS WITH RESPECT TO WHOM INFORMATION IS LIFE INSURANCE CONTRACTS. subchapter A of chapter 61 of the Internal REQUIRED.—Every person required to make a (a) CLARIFICATION WITH RESPECT TO AD- Revenue Code of 1986 is amended by adding return under this subsection shall furnish to JUSTMENTS.—Paragraph (1) of section 1016(a) at the end the following new section: each person whose name is required to be set of the Internal Revenue Code of 1986 is forth in such return a written statement amended by striking subparagraph (A) and ‘‘SEC. 6050X. RETURNS RELATING TO CERTAIN LIFE INSURANCE CONTRACT TRANS- showing— all that follows and inserting the following: ACTIONS. ‘‘(A) the name, address, and phone number ‘‘(A) for— ‘‘(a) REQUIREMENT OF REPORTING OF CER- of the information contact of the person re- ‘‘(i) taxes or other carrying charges de- TAIN PAYMENTS.— quired to make such return, and scribed in section 266; or ‘‘(1) IN GENERAL.—Every person who ac- ‘‘(B) the information required to be shown ‘‘(ii) expenditures described in section 173 quires a life insurance contract or any inter- on such return with respect to each recipient (relating to circulation expenditures), est in a life insurance contract in a report- of payment whose name is required to be set for which deductions have been taken by the able policy sale during any taxable year forth in such return. taxpayer in determining taxable income for shall make a return for such taxable year (at ‘‘(d) DEFINITIONS.—For purposes of this sec- the taxable year or prior taxable years; or such time and in such manner as the Sec- tion: ‘‘(B) for mortality, expense, or other rea- retary shall prescribe) setting forth— ‘‘(1) PAYMENT.—The term ‘payment’ means sonable charges incurred under an annuity ‘‘(A) the name, address, and TIN of such the amount of cash and the fair market or life insurance contract;’’. person, value of any consideration transferred in a (b) EFFECTIVE DATE.—The amendment ‘‘(B) the name, address, and TIN of each re- reportable policy sale. made by this section shall apply to trans- cipient of payment in the reportable policy ‘‘(2) REPORTABLE POLICY SALE.—The term actions entered into after August 25, 2009. sale, ‘reportable policy sale’ has the meaning SEC. 40423. EXCEPTION TO TRANSFER FOR VALU- ‘‘(C) the date of such sale, given such term in section 101(a)(3)(B). ABLE CONSIDERATION RULES. ‘‘(D) the name of the issuer of the life in- ‘‘(3) ISSUER.—The term ‘issuer’ means any (a) IN GENERAL.—Subsection (a) of section surance contract sold and the policy number life insurance company that bears the risk 101 of the Internal Revenue Code of 1986 is of such contract, and with respect to a life insurance contract on amended by adding at the end the following ‘‘(E) the amount of each payment. the date any return or statement is required new paragraph: ‘‘(3) EXCEPTION TO VALUABLE CONSIDERATION ‘‘(2) STATEMENT TO BE FURNISHED TO PER- to be made under this section. RULES FOR COMMERCIAL TRANSFERS.— SONS WITH RESPECT TO WHOM INFORMATION IS ‘‘(4) REPORTABLE DEATH BENEFITS.—The ‘‘(A) IN GENERAL.—The second sentence of REQUIRED.—Every person required to make a term ‘reportable death benefits’ means return under this subsection shall furnish to amounts paid by reason of the death of the paragraph (2) shall not apply in the case of a each person whose name is required to be set insured under a life insurance contract that transfer of a life insurance contract, or any forth in such return a written statement has been transferred in a reportable policy interest therein, which is a reportable policy showing— sale.’’. sale. ‘‘(A) the name, address, and phone number (b) CLERICAL AMENDMENT.—The table of ‘‘(B) REPORTABLE POLICY SALE.—For pur- of the information contact of the person re- sections for subpart B of part III of sub- poses of this paragraph, the term ‘reportable quired to make such return, and chapter A of chapter 61 of the Internal Rev- policy sale’ means the acquisition of an in- ‘‘(B) the information required to be shown enue Code of 1986 is amended by inserting terest in a life insurance contract, directly on such return with respect to such person, after the item relating to section 6050W the or indirectly, if the acquirer has no substan- except that in the case of an issuer of a life following new item: tial family, business, or financial relation- insurance contract, such statement is not re- ‘‘Sec. 6050X. Returns relating to certain life ship with the insured apart from the quired to include the information specified insurance contract trans- acquirer’s interest in such life insurance con- in paragraph (1)(E). actions.’’. tract. For purposes of the preceding sen- tence, the term ‘indirectly’ applies to the ac- ‘‘(b) REQUIREMENT OF REPORTING OF SELL- (c) CONFORMING AMENDMENTS.— quisition of an interest in a partnership, ER’S BASIS IN LIFE INSURANCE CONTRACTS.— (1) Subsection (d) of section 6724 of the In- trust, or other entity that holds an interest ‘‘(1) IN GENERAL.—Upon receipt of the ternal Revenue Code of 1986 is amended— statement required under subsection (a)(2) or (A) by striking ‘‘or’’ at the end of clause in the life insurance contract.’’. ONFORMING AMENDMENT.—Paragraph upon notice of a transfer of a life insurance (xxiv) of paragraph (1)(B), by striking ‘‘and’’ (b) C (1) of section 101(a) of the Internal Revenue contract to a foreign person, each issuer of a at the end of clause (xxv) of such paragraph Code of 1986 is amended by striking ‘‘para- life insurance contract shall make a return and inserting ‘‘or’’, and by inserting after graph (2)’’ and inserting ‘‘paragraphs (2) and (at such time and in such manner as the Sec- such clause (xxv) the following new clause: (3)’’. retary shall prescribe) setting forth— ‘‘(xxvi) section 6050X (relating to returns (c) EFFECTIVE DATE.—The amendments ‘‘(A) the name, address, and TIN of the relating to certain life insurance contract made by this section shall apply to transfers seller who transfers any interest in such con- transactions), and’’, and after December 31, 2012. tract in such sale, (B) by striking ‘‘or’’ at the end of subpara- ‘‘(B) the investment in the contract (as de- graph (GG) of paragraph (2), by striking the SEC. 40424. PHASED RETIREMENT AUTHORITY. fined in section 72(e)(6)) with respect to such period at the end of subparagraph (HH) of (a) CSRS.—Chapter 83 of title 5, United seller, and such paragraph and inserting ‘‘, or’’, and by States Code, is amended— ‘‘(C) the policy number of such contract. inserting after such subparagraph (HH) the (1) in section 8331— (A) in paragraph (30) by striking ‘‘and’’ at ‘‘(2) STATEMENT TO BE FURNISHED TO PER- following new subparagraph: the end; SONS WITH RESPECT TO WHOM INFORMATION IS ‘‘(II) subsection (a)(2), (b)(2), or (c)(2) of (B) in paragraph (31) by striking the period REQUIRED.—Every person required to make a section 6050X (relating to returns relating to return under this subsection shall furnish to certain life insurance contract trans- at the end and inserting ‘‘; and’’; and each person whose name is required to be set actions).’’. (C) by adding at the end the following: forth in such return a written statement (2) Section 6047 of such Code is amended— ‘‘(32) ‘Director’ means the Director of the showing— (A) by redesignating subsection (g) as sub- Office of Personnel Management.’’; ‘‘(A) the name, address, and phone number section (h), (2) by inserting after section 8336 the fol- of the information contact of the person re- (B) by inserting after subsection (f) the fol- lowing: quired to make such return, and lowing new subsection: ‘‘§ 8336a. Phased retirement ‘‘(B) the information required to be shown ‘‘(g) INFORMATION RELATING TO LIFE INSUR- ‘‘(a) For the purposes of this section— on such return with respect to each seller ANCE CONTRACT TRANSACTIONS.—This section ‘‘(1) the term ‘composite retirement annu- whose name is required to be set forth in shall not apply to any information which is ity’ means the annuity computed when a such return. required to be reported under section phased retiree attains full retirement status; ‘‘(c) REQUIREMENT OF REPORTING WITH RE- 6050X.’’, and ‘‘(2) the term ‘full retirement status’ SPECT TO REPORTABLE DEATH BENEFITS.— (C) by adding at the end of subsection (h), means that a phased retiree has ceased em- ‘‘(1) IN GENERAL.—Every person who makes as so redesignated, the following new para- ployment and is entitled, upon application, a payment of reportable death benefits dur- graph: to a composite retirement annuity; ing any taxable year shall make a return for ‘‘(4) For provisions requiring reporting of ‘‘(3) the term ‘phased employment’ means such taxable year (at such time and in such information relating to certain life insur- the less-than-full-time employment of a manner as the Secretary shall prescribe) set- ance contract transactions, see section phased retiree; ting forth— 6050X.’’. ‘‘(4) the term ‘phased retiree’ means a re- ‘‘(A) the name, address, and TIN of the per- (d) EFFECTIVE DATE.—The amendments tirement-eligible employee who— son making such payment, made by this section shall apply to— ‘‘(A) makes an election under subsection ‘‘(B) the name, address, and TIN of each re- (1) reportable policy sales after December (b); and cipient of such payment, 31, 2012, and ‘‘(B) has not entered full retirement status;

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.050 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1546 CONGRESSIONAL RECORD — SENATE March 8, 2012 ‘‘(5) the term ‘phased retirement annuity’ ‘‘(A) the amount of an annuity computed dividual had not elected a phased retirement means the annuity payable under this sec- under section 8339 that would have been pay- and as if the individual was employed on a tion before full retirement; able to the phased retiree if, on the date on full-time basis in the position occupied dur- ‘‘(6) the term ‘phased retirement percent- which the phased retiree enters phased re- ing the phased retirement period and before age’ means the percentage which, when tirement status, the phased retiree had sepa- any reduction for survivor annuity or reduc- added to the working percentage for a phased rated from service and retired under section tion based on an election under section retiree, produces a sum of 100 percent; 8336(a) or (b); by 8334(d)(2); by ‘‘(7) the term ‘phased retirement period’ ‘‘(B) the phased retirement percentage for ‘‘(ii) the working percentage. means the period beginning on the date on the phased retiree. ‘‘(2) After computing a composite retire- which an individual becomes entitled to re- ‘‘(2) A phased retirement annuity shall be ment annuity under paragraph (1), the Direc- ceive a phased retirement annuity and end- paid in addition to the basic pay for the posi- tor shall adjust the amount of the annuity ing on the date on which the individual dies tion to which a phased retiree is appointed for any applicable reductions for a survivor or separates from phased employment; during phased employment. annuity and any previously elected actuarial ‘‘(8) the term ‘phased retirement status’ ‘‘(3) A phased retirement annuity shall be reduction under section 8334(d)(2). means that a phased retiree is concurrently adjusted in accordance with section 8340. ‘‘(3) A composite retirement annuity shall employed in phased employment and eligible ‘‘(4)(A) A phased retirement annuity shall be adjusted in accordance with section 8340, to receive a phased retirement annuity; not be subject to reduction for any form of except that subsection (c)(1) of that section ‘‘(9) the term ‘retirement-eligible em- survivor annuity, shall not serve as the basis shall not apply. ployee’— of the computation of any survivor annuity, ‘‘(4) In computing a composite retirement ‘‘(A) means an individual who, if the indi- and shall not be subject to any court order annuity under paragraph (1)(B)(i), the unused vidual separated from the service, would requiring a survivor annuity to be provided sick leave to the credit of a phased retiree at meet the requirements for retirement under to any individual. the time of entry into full retirement status subsection (a) or (b) of section 8336; and ‘‘(B) A phased retirement annuity shall be shall be adjusted by dividing the number of ‘‘(B) does not include— subject to a court order providing for divi- hours of unused sick leave by the working ‘‘(i) an individual who, if the individual sion, allotment, assignment, execution, levy, percentage. separated from the service, would meet the attachment, garnishment, or other legal ‘‘(g)(1) Under such procedures and condi- requirements for retirement under sub- process on the same basis as other annuities. tions as the Director may provide, and with section (c), (e), (m), or (n) of section 8336; or ‘‘(5) Any reduction of a phased retirement the concurrence of the head of the employing ‘‘(ii) a law enforcement officer, firefighter, annuity based on an election under section agency, a phased retiree may elect to termi- nuclear materials courier, air traffic con- 8334(d)(2) shall be applied to the phased re- nate phased retirement status and return to troller, customs and border protection offi- tirement annuity after computation under a full-time work schedule. cer, or member of the Capitol Police or Su- paragraph (1). ‘‘(2) Upon entering a full-time work sched- preme Court Police; and ‘‘(6)(A) Any deposit, or election of an actu- ule based upon an election under paragraph ‘‘(10) the term ‘working percentage’ means arial annuity reduction in lieu of a deposit, (1), the phased retirement annuity of a the percentage of full-time employment for military service or for creditable civilian phased retiree shall terminate. equal the quotient obtained by dividing— service for which retirement deductions were ‘‘(3) After the termination of a phased re- ‘‘(A) the number of hours per pay period to not made or refunded shall be made by a re- tirement annuity under this subsection, the be worked by a phased retiree as scheduled tirement-eligible employee at or before the individual’s rights under this subchapter in accordance with subsection (b)(2); by time the retirement-eligible employee enters shall be determined based on the law in ef- ‘‘(B) the number of hours per pay period to phased retirement status. No such deposit fect at the time of any subsequent separa- be worked by an employee serving in a com- may be made, or actuarial adjustment in lieu tion from service. For purposes of this sub- parable position on a full-time basis. thereof elected, at the time a phased retiree chapter or chapter 84, at time of the subse- ‘‘(b)(1) With the concurrence of the head of enters full retirement status. quent separation from service, the phased re- the employing agency, and under regulations ‘‘(B) Notwithstanding subparagraph (A), if tirement period shall be treated as if it had promulgated by the Director, a retirement- a phased retiree does not make such a de- been a period of part-time employment with eligible employee who has been employed on posit and dies in service as a phased retiree, the work schedule described in subsection a full time basis for not less than the 3-year a survivor of the phased retiree shall have (b)(2). period ending on the date on which the re- the same right to make such deposit as ‘‘(h) For purposes of section 8341— tirement-eligible employee makes an elec- would have been available had the employee ‘‘(1) the death of a phased retiree shall be tion under this subsection may elect to enter not entered phased retirement status and deemed to be the death in service of an em- phased retirement status. died in service. ployee; and ‘‘(2)(A) Subject to subparagraph (B), at the ‘‘(C) If a phased retiree makes an election ‘‘(2) the phased retirement period shall be time of entering phased retirement status, a for an actuarial annuity reduction under sec- deemed to have been a period of part-time phased retiree shall be appointed to a posi- tion 8334(d)(2) and dies in service as a phased employment with the work schedule de- tion for which the working percentage is 50 retiree, the amount of any deposit upon scribed in subsection (b)(2). percent. which such actuarial reduction shall have ‘‘(i) Employment of a phased retiree shall ‘‘(B) The Director may, by regulation, pro- been based shall be deemed to have been not be deemed to be part-time career em- vide for working percentages different from fully paid. ployment, as defined in section 3401(2). the percentage specified under subparagraph ‘‘(7) A phased retirement annuity shall ‘‘(j) A phased retiree is not eligible to (A), which shall be not less than 20 percent commence on the date on which a phased re- apply for an annuity under section 8337. and not more than 80 percent. tiree enters phased employment. ‘‘(k) For purposes of section 8341(h)(4), re- ‘‘(C) The working percentage for a phased ‘‘(8) No unused sick leave credit may be tirement shall be deemed to occur on the retiree may not be changed during the used in the computation of the phased retire- date on which a phased retiree enters into phased retiree’s phased retirement period. ment annuity. full retirement status. ‘‘(D)(i) Not less than 20 percent of the ‘‘(d) All basic pay not in excess of the full- ‘‘(l) For purposes of sections 8343 and 8351, hours to be worked by a phased retiree shall time rate of pay for the position to which a and subchapter III of chapter 84, a phased re- consist of mentoring. phased retiree is appointed shall be deemed tiree shall be deemed to be an employee. ‘‘(ii) The Director may, by regulation, pro- to be basic pay for purposes of section 8334. ‘‘(m) A phased retiree is not subject to sec- vide for exceptions to the requirement under ‘‘(e) Under such procedures as the Director tion 8344. clause (i). may prescribe, a phased retiree may elect to ‘‘(n) For purposes of chapter 87, a phased ‘‘(3) A phased retiree— enter full retirement status at any time. retiree shall be deemed to be receiving basic ‘‘(A) may not be employed in more than Upon making such an election, a phased re- pay at the rate of a full-time employee in the one position at any time; and tiree shall be entitled to a composite retire- position to which the phased retiree is ap- ‘‘(B) may transfer to another position in ment annuity. pointed.’’; and the same or a different agency, if the trans- ‘‘(f)(1) Except as provided otherwise under (3) in the table of sections by inserting fer does not result in a change in the work- this subsection, a composite retirement an- after the item relating to section 8336 the ing percentage. nuity is a single annuity computed under following: ‘‘(4) A retirement-eligible employee may regulations prescribed by the Director, equal to the sum of— ‘‘8336a. Phased retirement.’’. make only one election under this subsection (b) FERS.—Chapter 84 of title 5, United ‘‘(A) the amount of the phased retirement during the retirement-eligible employee’s States Code, is amended— annuity as of the date of full retirement, be- lifetime. (1) by inserting after section 8412 the fol- ‘‘(5) A retirement-eligible employee who fore any reduction based on an election lowing new section: makes an election under this subsection may under section 8334(d)(2), and including any not make an election under section 8343a. adjustments made under section 8340; and ‘‘§ 8412a. Phased retirement ‘‘(c)(1) Except as otherwise provided under ‘‘(B) the product obtained by multiplying— ‘‘(a) For the purposes of this section— this subsection, the phased retirement annu- ‘‘(i) the amount of an annuity computed ‘‘(1) the term ‘composite retirement annu- ity for a phased retiree is the product ob- under section 8339 that would have been pay- ity’ means the annuity computed when a tained by multiplying— able at the time of full retirement if the in- phased retiree attains full retirement status;

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.050 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1547 ‘‘(2) the term ‘full retirement status’ ‘‘(4) A retirement-eligible employee may and as if the individual was employed on a means that a phased retiree has ceased em- make only one election under this subsection full-time basis in the position occupied dur- ployment and is entitled, upon application, during the retirement-eligible employee’s ing the phased retirement period and before to a composite retirement annuity; lifetime. any adjustment to provide for a survivor an- ‘‘(3) the term ‘phased employment’ means ‘‘(5) A retirement-eligible employee who nuity; by the less-than-full-time employment of a makes an election under this subsection may ‘‘(ii) the working percentage; phased retiree; not make an election under section 8420a. ‘‘(2) After computing a composite retire- ‘‘(4) the term ‘phased retiree’ means a re- ‘‘(c)(1) Except as otherwise provided under ment annuity under paragraph (1), the Direc- tirement-eligible employee who— this subsection, the phased retirement annu- tor shall adjust the amount of the annuity ‘‘(A) makes an election under subsection ity for a phased retiree is the product ob- for any applicable reductions for a survivor (b); and tained by multiplying— annuity. ‘‘(B) has not entered full retirement status; ‘‘(A) the amount of an annuity computed ‘‘(3) A composite retirement annuity shall ‘‘(5) the term ‘phased retirement annuity’ under section 8415 that would have been pay- be adjusted in accordance with section 8462, means the annuity payable under this sec- able to the phased retiree if, on the date on except that subsection (c)(1) of that section tion before full retirement; which the phased retiree enters phased re- shall not apply. ‘‘(6) the term ‘phased retirement percent- tirement status, the phased retiree had sepa- ‘‘(4) In computing a composite retirement age’ means the percentage which, when rated from service and retired under section annuity under paragraph (1)(B)(i), the unused added to the working percentage for a phased 8412 (a) or (b); by sick leave to the credit of a phased retiree at retiree, produces a sum of 100 percent; ‘‘(B) the phased retirement percentage for the time of entry into full retirement status ‘‘(7) the term ‘phased retirement period’ the phased retiree. shall be adjusted by dividing the number of means the period beginning on the date on ‘‘(2) A phased retirement annuity shall be hours of unused sick leave by the working which an individual becomes entitled to re- paid in addition to the basic pay for the posi- percentage. ceive a phased retirement annuity and end- tion to which a phased retiree is appointed ‘‘(g)(1) Under such procedures and condi- ing on the date on which the individual dies during the phased employment. tions as the Director may provide, and with or separates from phased employment; ‘‘(3) A phased retirement annuity shall be the concurrence of the head of employing ‘‘(8) the term ‘phased retirement status’ adjusted in accordance with section 8462. agency, a phased retiree may elect to termi- means that a phased retiree is concurrently ‘‘(4)(A) A phased retirement annuity shall nate phased retirement status and return to employed in phased employment and eligible not be subject to reduction for any form of a full-time work schedule. to receive a phased retirement annuity; survivor annuity, shall not serve as the basis ‘‘(2) Upon entering a full-time work sched- ‘‘(9) the term ‘retirement-eligible em- of the computation of any survivor annuity, ule based on an election under paragraph (1), ployee’— and shall not be subject to any court order the phased retirement annuity of a phased ‘‘(A) means an individual who, if the indi- requiring a survivor annuity to be provided retiree shall terminate. vidual separated from the service, would to any individual. ‘‘(3) After termination of the phased retire- meet the requirements for retirement under ‘‘(B) A phased retirement annuity shall be ment annuity under this subsection, the in- subsection (a) or (b) of section 8412; and subject to a court order providing for divi- dividual’s rights under this chapter shall be ‘‘(B) does not include— sion, allotment, assignment, execution, levy, determined based on the law in effect at the ‘‘(i) an individual who, if the individual attachment, garnishment, or other legal time of any subsequent separation from serv- separated from the service, would meet the process on the same basis as other annuities. ice. For purposes of this chapter, at the time requirements for retirement under sub- ‘‘(5)(A) Any deposit, or election of an actu- of the subsequent separation from service, section (d) or (e) of section 8412; or arial annuity reduction in lieu of a deposit, the phased retirement period shall be treated ‘‘(ii) a law enforcement officer, firefighter, for military service or for creditable civilian as if it had been a period of part-time em- nuclear materials courier, air traffic con- service for which retirement deductions were ployment with the work schedule described troller, customs and border protection offi- not made or refunded, shall be made by a re- in subsection (b)(2). cer, or member of the Capitol Police or Su- tirement-eligible employee at or before the ‘‘(h) For purposes of subchapter IV— preme Court Police; and time the retirement-eligible employee enters ‘‘(1) the death of a phased retiree shall be ‘‘(10) the term ‘working percentage’ means phased retirement status. No such deposit deemed to be the death in service of an em- the percentage of full-time employment may be made, or actuarial adjustment in lieu ployee; equal to the quotient obtained by dividing— thereof elected, at the time a phased retiree ‘‘(2) except for purposes of section ‘‘(A) the number of hours per pay period to enters full retirement status. 8442(b)(1)(A)(i), the phased retirement period be worked by a phased retiree as scheduled ‘‘(B) Notwithstanding subparagraph (A), if shall be deemed to have been a period of in accordance with subsection (b)(2); by a phased retiree does not make such a de- part-time employment with the work sched- ‘‘(B) the number of hours per pay period to posit and dies in service as a phased retiree, ule described in subsection (b)(2) of this sec- be worked by an employee serving in a com- a survivor of the phased retiree shall have tion; and parable position on a full-time basis. the same right to make such deposit as ‘‘(3) for purposes of section 8442(b)(1)(A)(i), ‘‘(b)(1) With the concurrence of the head of would have been available had the employee the phased retiree shall be deemed to have the employing agency, and under regulations not entered phased retirement status and been at the full-time rate of pay for the posi- promulgated by the Director, a retirement- died in service. tion occupied. eligible employee who has been employed on ‘‘(6) A phased retirement annuity shall ‘‘(i) Employment of a phased retiree shall a full time basis for not less than the 3-year commence on the date on which a phased re- not be deemed to be part-time career em- period ending on the date on which the re- tiree enters phased employment. ployment, as defined in section 3401(2). tirement-eligible employee makes an elec- ‘‘(7) No unused sick leave credit may be ‘‘(j) A phased retiree is not eligible to re- tion under this subsection may elect to enter used in the computation of the phased retire- ceive an annuity supplement under section phased retirement status. ment annuity. 8421. ‘‘(2)(A) Subject to subparagraph (B), at the ‘‘(d) All basic pay not in excess of the full- ‘‘(k) For purposes of subchapter III, a time of entering phased retirement status, a time rate of pay for the position to which a phased retiree shall be deemed to be an em- phased retiree shall be appointed to a posi- phased retiree is appointed shall be deemed ployee. tion for which the working percentage is 50 to be basic pay for purposes of section 8422 ‘‘(l) For purposes of section 8445(d), retire- percent. and 8423. ment shall be deemed to occur on the date on ‘‘(B) The Director may, by regulation, pro- ‘‘(e) Under such procedures as the Director which a phased retiree enters into full retire- vide for working percentages different from may prescribe, a phased retiree may elect to ment status. the percentage specified under subparagraph enter full retirement status at any time. ‘‘(m) A phased retiree is not eligible to (A), which shall be not less than 20 percent Upon making such an election, a phased re- apply for an annuity under subchapter V. and not more than 80 percent. ‘‘(n) A phased retiree is not subject to sec- ‘‘(C) The working percentage for a phased tiree shall be entitled to a composite retire- ment annuity. tion 8468. retiree may not be changed during the ‘‘(o) For purposes of chapter 87, a phased phased retiree’s phased retirement period. ‘‘(f)(1) Except as provided otherwise under this subsection, a composite retirement an- retiree shall be deemed to be receiving basic ‘‘(D)(i) Not less than 20 percent of the pay at the rate of a full-time employee in the hours to be worked by a phased retiree shall nuity is a single annuity computed under regulations prescribed by the Director, equal position to which the phased retiree is ap- consist of mentoring. pointed.’’; and ‘‘(ii) The Director may, by regulation, pro- to the sum of— (2) in the table of sections by inserting vide for exceptions to the requirement under ‘‘(A) the amount of the phased retirement after the item relating to section 8412 the clause (i). annuity as of the date of full retirement, in- ‘‘(3) A phased retiree— cluding any adjustments made under section following: ‘‘(A) may not be employed in more than 8462; and ‘‘8412a. Phased retirement.’’. one position at any time; and ‘‘(B) the product obtained by multiplying— (c) EFFECTIVE DATE.—The amendments ‘‘(B) may transfer to another position in ‘‘(i) the amount of an annuity computed made by this section shall take effect on the the same or a different agency, if the trans- under section 8412 that would have been pay- effective date of the implementing regula- fer does not result in a change in the work- able at the time of full retirement if the in- tions issued by the Director of the Office of ing percentage. dividual had not elected a phased retirement Personnel Management.

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SEC. 40425. ROLL-YOUR-OWN CIGARETTE MA- (c) CONDITIONS.—In constructing, con- braska submits a request to the Secretary of CHINES. necting, operating, and maintaining the State or any appropriate Federal official, the (a) IN GENERAL.—Subsection (d) of section cross-border facilities described in sub- Secretary of State or Federal official shall 5702 of the Internal Revenue Code of 1986 is section (a)(1) and related facilities in the provide assistance that is consistent with amended by adding at the end the following United States described in the application the law of the State of Nebraska. new flush sentence: filed with the Department of State on Sep- (e) ADMINISTRATION.— ‘‘Such term shall include any person who for tember 19, 2008 (as supplemented and amend- (1) IN GENERAL.—Any action taken to carry commercial purposes makes available for ed), TransCanada Keystone Pipeline, L.P. out this section (including the modification consumer use (including such consumer’s shall comply with the following conditions: of any route under subsection (d)) shall not personal consumption or use under para- (1) TransCanada Keystone Pipeline, L.P. constitute a major Federal action under the graph (1)) a machine capable of making ciga- shall comply with all applicable Federal and National Environmental Policy Act of 1969 rettes, cigars, or other tobacco products. A State laws (including regulations) and all ap- (42 U.S.C. 4321 et seq.). person making such a machine available for plicable industrial codes regarding the con- (2) STATE SITING AUTHORITY.—Nothing in consumer use shall be deemed the person struction, connection, operation, and main- this section alters any provision of State law making the removal as defined by subsection tenance of the facilities. relating to the siting of pipelines. (j) with respect to any tobacco products (2) Except as provided in subsection (a)(2), (3) PRIVATE PROPERTY.—Nothing in this manufactured by such machine.’’. TransCanada Keystone Pipeline, L.P. shall section alters any Federal, State, or local (b) EFFECTIVE DATE.—The amendment comply with all requisite permits from Cana- process or condition in effect on the date of made by this section shall apply to articles dian authorities and applicable Federal, enactment of this Act that is necessary to removed after the date of the enactment of State, and local government agencies in the secure access from an owner of private prop- this Act. United States. erty to construct the project. (3) TransCanada Keystone Pipeline, L.P. (f) FEDERAL JUDICIAL REVIEW.—The cross- SA 1826. Mr. ROBERTS submitted an shall take all appropriate measures to pre- border facilities described in subsection amendment intended to be proposed by vent or mitigate any adverse environmental (a)(1), and the related facilities in the United him to the bill S. 1813, to reauthorize impact or disruption of historic properties in States described in the application filed with Federal-aid highway and highway safe- connection with the construction, connec- the Department of State on September 19, tion, operation, and maintenance of the fa- 2008 (as supplemented and amended), that are ty construction programs, and for cilities. approved by this section, and any permit, other purposes; as follows: (4) The construction, connection, oper- right-of-way, or other action taken to con- At the end, insert the following: ation, and maintenance of the facilities shall struct or complete the project pursuant to DIVISION E—ENERGY PROVISIONS AND be— Federal law, shall only be subject to judicial TAX EXTENDERS (A) in all material respects, similar to that review on direct appeal to the United States described in— Court of Appeals for the District of Columbia TITLE I—ENERGY INCENTIVES (i) the application filed with the Depart- Circuit. Subtitle A—Keystone XL Pipeline Project ment of State on September 19, 2008 (as sup- Subtitle B—Expanding Offshore Energy SEC. 50001. APPROVAL OF KEYSTONE XL PIPE- plemented and amended); and Development LINE PROJECT. (ii) the final environmental impact state- SEC. 50101. OUTER CONTINENTAL SHELF LEAS- (a) APPROVAL OF CROSS-BORDER FACILI- ment described in subsection (b)(1); and ING PROGRAM. TIES.— (B) carried out in accordance with— Section 18(a) of the Outer Continental (1) IN GENERAL.—In accordance with sec- (i) the construction, mitigation, and rec- Shelf Lands Act (43 U.S.C. 1344(a)) is amend- tion 8 of article 1 of the Constitution (dele- lamation measures agreed to for the project ed by adding at the end the following: gating to Congress the power to regulate in the construction mitigation and reclama- ‘‘(5)(A) In each oil and gas leasing program commerce with foreign nations), Trans- tion plan contained in appendix B of the under this section, the Secretary shall make Canada Keystone Pipeline, L.P. is authorized final environmental impact statement de- available for leasing and conduct lease sales to construct, connect, operate, and maintain scribed in subsection (b)(1); including— pipeline facilities, subject to subsection (c), (ii) the special conditions agreed to be- ‘‘(i) at least 50 percent of the available un- for the import of crude oil and other hydro- tween the owners and operators of the leased acreage within each outer Continental carbons at the United States-Canada Border project and the Administrator of the Pipe- Shelf planning area considered to have the at Phillips County, Montana, in accordance line and Hazardous Materials Safety Admin- largest undiscovered, technically recoverable with the application filed with the Depart- istration of the Department of Transpor- oil and gas resources (on a total btu basis) ment of State on September 19, 2008 (as sup- tation, as contained in appendix U of the based upon the most recent national geologic plemented and amended). final environmental impact statement; assessment of the outer Continental Shelf, (2) PERMIT.—Notwithstanding any other (iii) the measures identified in appendix H with an emphasis on offering the most geo- provision of law, no permit pursuant to Ex- of the final environmental impact state- logically prospective parts of the planning ecutive Order 13337 (3 U.S.C. 301 note) or any ment, if the modified route submitted by the area; and other similar Executive Order regulating State of Nebraska to the Secretary of State ‘‘(ii) any State subdivision of an outer Con- construction, connection, operation, or crosses the Sand Hills region; and tinental Shelf planning area that the Gov- maintenance of facilities at the borders of (iv) the stipulations identified in appendix ernor of the State that represents that sub- the United States, and no additional envi- S of the final environmental impact state- division requests be made available for leas- ronmental impact statement, shall be re- ment. ing. quired for TransCanada Keystone Pipeline, (d) ROUTE IN NEBRASKA.— ‘‘(B) In this paragraph the term ‘available L.P. to construct, connect, operate, and (1) IN GENERAL.—Any route and construc- unleased acreage’ means that portion of the maintain the facilities described in para- tion, mitigation, and reclamation measures outer Continental Shelf that is not under graph (1). for the project in the State of Nebraska that lease at the time of a proposed lease sale, (b) CONSTRUCTION AND OPERATION OF KEY- is identified by the State of Nebraska and and that has not otherwise been made un- STONE XL PIPELINE IN UNITED STATES.— submitted to the Secretary of State under available for leasing by law. (1) IN GENERAL.—The final environmental this section is considered sufficient for the ‘‘(6)(A) In the 2012–2017 5-year oil and gas impact statement issued by the Department purposes of this section. leasing program, the Secretary shall make of State on August 26, 2011, shall be consid- (2) PROHIBITION.—Construction of the fa- available for leasing any outer Continental ered to satisfy all requirements of the Na- cilities in the United States described in the Shelf planning areas that— tional Environmental Policy Act of 1969 (42 application filed with the Department of ‘‘(i) are estimated to contain more than U.S.C. 4321 et seq.) and any other provision of State on September 19, 2008 (as supplemented 2,500,000,000 barrels of oil; or law that requires Federal agency consulta- and amended), shall not commence in the ‘‘(ii) are estimated to contain more than tion or review with respect to the cross-bor- State of Nebraska until the date on which 7,500,000,000,000 cubic feet of natural gas. der facilities described in subsection (a)(1) the Secretary of State receives a route for ‘‘(B) To determine the planning areas de- and the related facilities in the United the project in the State of Nebraska that is scribed in subparagraph (A), the Secretary States described in the application filed with identified by the State of Nebraska. shall use the document entitled ‘Minerals the Department of State on September 19, (3) RECEIPT.—On the date of receipt of the Management Service Assessment of Undis- 2008 (as supplemented and amended). route described in paragraph (1) by the Sec- covered Technically Recoverable Oil and Gas (2) PERMITS.—Any Federal permit or au- retary of State, the route for the project Resources of the Nation’s Outer Continental thorization issued before the date of enact- within the State of Nebraska under this sec- Shelf, 2006’.’’. ment of this Act for the cross-border facili- tion shall supersede the route for the project SEC. 50102. DOMESTIC OIL AND NATURAL GAS ties described in subsection (a)(1), and the re- in the State specified in the application filed PRODUCTION GOAL. lated facilities in the United States de- with the Department of State on September Section 18(b) of the Outer Continental scribed in the application filed with the De- 19, 2008 (including supplements and amend- Shelf Lands Act (43 U.S.C. 1344(b)) is amend- partment of State on September 19, 2008 (as ments). ed to read as follows: supplemented and amended), shall remain in (4) COOPERATION.—Not later than 30 days ‘‘(b) DOMESTIC OIL AND NATURAL GAS PRO- effect. after the date on which the State of Ne- DUCTION GOAL.—–

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‘‘(1) IN GENERAL.—In developing a 5-year oil SEC. 50203. REQUIREMENT TO CONDUCT PRO- (2) by adding after subsection (c) (as so des- and gas leasing program, and subject to POSED OIL AND GAS LEASE SALE 222 ignated) the following: paragraph (2), the Secretary shall determine IN THE CENTRAL GULF OF MEXICO. (a) IN GENERAL.—The Secretary shall con- ‘‘(d) NEW LEASING REVENUES DEFINED.—In a domestic strategic production goal for the this section the term ‘new leasing revenues’ development of oil and natural gas as a re- duct offshore oil and gas Lease Sale 222 under section 8 of the Outer Continental means amounts received by the United sult of that program. Such goal shall be— States as bonuses, rents, and royalties under ‘‘(A) the best estimate of the possible in- Shelf Lands Act (33 U.S.C. 1337) as soon as leases for oil and gas, wind, tidal, or other crease in domestic production of oil and nat- practicable, but not later than September 1, energy exploration, development, and pro- ural gas from the outer Continental Shelf; 2012. duction that are awarded under this Act ‘‘(B) focused on meeting domestic demand (b) ENVIRONMENTAL REVIEW.—For the pur- after the date of enactment of the Moving for oil and natural gas and reducing the de- poses of that lease sale, the Environmental Ahead for Progress in the 21st Century Act.’’; pendence of the United States on foreign en- Impact Statement for the 2007–2012 5 Year and ergy; and OUTER CONTINENTAL SHELF Plan and (3) by inserting before subsection (c) (as so ‘‘(C) focused on the production increases the Multi-Sale Environmental Impact State- designated) the following: achieved by the leasing program at the end ment are deemed to satisfy the requirements of the 15-year period beginning on the effec- of the National Environmental Policy Act of ‘‘(a) PAYMENT OF NEW LEASING REVENUES tive date of the program. 1969 (42 U.S.C. 4321 et seq.). TO COASTAL STATES, GENERALLY.— ‘‘(2) 2012–2017 PROGRAM GOAL.—For purposes SEC. 50204. ADDITIONAL LEASES. ‘‘(1) IN GENERAL.—Of the amount of new of the 2012–2017 5-year oil and gas leasing Section 18 of the Outer Continental Shelf leasing revenues received by the United program, the production goal referred to in Lands Act (43 U.S.C. 1344) is amended by add- States each fiscal year that is described in paragraph (1) shall be an increase by 2027 of— ing at the end the following: paragraph (2), 37.5 percent shall be allocated ‘‘(A) no less than 3,000,000 barrels in the ‘‘(i) ADDITIONAL LEASE SALES.—In addition and paid in accordance with subsection (b) to amount of oil produced per day; and to lease sales in accordance with a leasing coastal States that are affected States with ‘‘(B) no less than 10,000,000,000 cubic feet in program in effect under this section, the Sec- respect to the leases under which those reve- the amount of natural gas produced per day. retary may hold lease sales for areas identi- nues are received by the United States. fied by the Secretary to have the greatest ‘‘(3) REPORTING.—The Secretary shall re- ‘‘(2) PHASE-IN.—The amount of new leasing port annually, beginning at the end of the 5- potential for new oil and gas development as revenues referred to in paragraph (1) is the year period for which the program applies, to a result of local support, new seismic find- sum determined by adding— the Committee on Natural Resources of the ings, or nomination by interested persons.’’. ‘‘(A) 35 percent of new leasing revenues re- House of Representatives and the Committee SEC. 50205. DEFINITIONS. ceived by the United States in the fiscal year on Energy and Natural Resources of the Sen- In this title: under— ate on the progress of the program in meet- (1) The term ‘‘Environmental Impact ‘‘(i) leases awarded under the first leasing ing the production goal. The Secretary shall Statement for the 2007–2012 5 Year OUTER program under section 18(a) that takes effect identify in the report projections for produc- CONTINENTAL SHELF Plan’’ means the after the date of enactment of the Moving tion and any problems with leasing, permit- Final Environmental Impact Statement for Ahead for Progress in the 21st Century Act; ting, or production that will prevent meeting Outer Continental Shelf Oil and Gas Leasing and the goal.’’. Program: 2007–2012 (April 2007) prepared by ‘‘(ii) other leases issued as a result of the the Secretary. Subtitle C—Conducting Prompt Offshore enactment of that Act; (2) The term ‘‘Multi-Sale Environmental Lease Sales ‘‘(B) 70 percent of new leasing revenues re- Impact Statement’’ means the Environ- ceived by the United States in the fiscal year SEC. 50201. REQUIREMENT TO CONDUCT PRO- mental Impact Statement for Proposed POSED OIL AND GAS LEASE SALE 216 under leases awarded under the second such IN THE CENTRAL GULF OF MEXICO. Western Gulf of Mexico OUTER CONTI- leasing program; and (a) IN GENERAL.—The Secretary of the In- NENTAL SHELF Oil and Gas Lease Sales ‘‘(C) 100 percent of new leasing revenues re- terior shall conduct offshore oil and gas 204, 207, 210, 215, and 218, and Proposed Cen- ceived by the United States under leases Lease Sale 216 under section 8 of the Outer tral Gulf of Mexico OUTER CONTINENTAL awarded under the third such leasing pro- Continental Shelf Lands Act (33 U.S.C. 1337) SHELF Oil and Gas Lease Sales 205, 206, 208, gram or any such leasing program taking ef- as soon as practicable, but not later than 4 213, 216, and 222 (September 2008) prepared by fect thereafter. the Secretary. months after the date of enactment of this ‘‘(b) ALLOCATION OF PAYMENTS TO COASTAL (3) The term ‘‘Secretary’’ means the Sec- Act. STATES.— retary of the Interior. (b) ENVIRONMENTAL REVIEW.—For the pur- ‘‘(1) IN GENERAL.—The amount of new leas- poses of that lease sale, the Environmental Subtitle D—Leasing in New Offshore Areas ing revenues received by the United States Impact Statement for the 2007–2012 5 Year SEC. 50301. LEASING IN THE EASTERN GULF OF with respect to a leased tract that are re- OUTER CONTINENTAL SHELF Plan and MEXICO. quired to be paid to coastal States in accord- the Multi-Sale Environmental Impact State- Section 104 of division C of the Tax Relief ance with this subsection each fiscal year ment are deemed to satisfy the requirements and Health Care Act of 2006 (Public Law 109– shall be allocated among and paid to such of the National Environmental Policy Act of 432; 120 Stat. 3003) is repealed. States that are within 200 miles of the leased 1969 (42 U.S.C. 4321 et seq.). SEC. 50302. LEASING OFFSHORE OF TERRITORIES tract, in amounts that are inversely propor- SEC. 50202. REQUIREMENT TO CONDUCT PRO- OF THE UNITED STATES. tional to the respective distances between POSED OIL AND GAS LEASE SALE 220 Section 2(a) of the Outer Continental Shelf the point on the coastline of each such State ON THE OUTER CONTINENTAL Lands Act (43 U.S.C. 1331) is amended, by in- SHELF OFFSHORE VIRGINIA. that is closest to the geographic center of serting after ‘‘control’’ the following: ‘‘or (a) IN GENERAL.—Notwithstanding the in- the lease tract, as determined by the Sec- lying within the United States’ exclusive clusion of Lease Sale 220 in the fiscal years retary. economic zone and the Continental Shelf ad- 2012 through fiscal year 2017 5 Year Outer ‘‘(2) MINIMUM AND MAXIMUM ALLOCATION.— jacent to the Commonwealth of Puerto Rico, Continental Shelf Oil and Gas Leasing Pro- The amount allocated to a coastal State gram, the Secretary shall conduct offshore the Commonwealth of the Northern Mariana under paragraph (1) each fiscal year with re- oil and gas Lease Sale 220 under section 8 of Islands, the Virgin Islands, American Samoa, spect to a leased tract shall be— the Outer Continental Shelf Lands Act (33 Guam, or the other territories of the United ‘‘(A) in the case of a coastal State that is U.S.C. 1337) as soon as practicable, but not States’’. the nearest State to the geographic center of later than one year after the date of enact- Subtitle E—Outer Continental Shelf Revenue the leased tract, not less than 25 percent of ment of this Act. Sharing the total amounts allocated with respect to (b) PROHIBITION ON CONFLICTS WITH MILI- SEC. 50401. DISPOSITION OF OUTER CONTI- the leased tract; and TARY OPERATIONS.—No person may engage in NENTAL SHELF REVENUES. ‘‘(B) in the case of any other coastal State, any exploration, development, or production Section 9 of the Outer Continental Shelf not less than 10 percent, and not more than of oil or natural gas off the coast of Virginia Lands Act (43 U.S.C. 1338) is amended— 15 percent, of the total amounts allocated that would conflict with any military oper- (1) in the existing text— with respect to the leased tract. ation, as determined in accordance with the (A) in the first sentence, by striking ‘‘All ‘‘(3) ADMINISTRATION.—Amounts allocated Memorandum of Agreement between the De- rentals,’’ and inserting the following: to a coastal State under this subsection— partment of Defense and the Department of ‘‘(c) DISPOSITION OF REVENUE UNDER OLD ‘‘(A) shall be available to the State with- the Interior on Mutual Concerns on the LEASES.—All rentals,’’; and out further appropriation; Outer Continental Shelf signed July 20, 1983, (B) in subsection (c) (as designated by the ‘‘(B) shall remain available until expended; and any revision or replacement for that amendment made by subparagraph (A) of and agreement that is agreed to by the Secretary this paragraph), by striking ‘‘for the period ‘‘(C) shall be in addition to any other of Defense and the Secretary of the Interior from June 5, 1950, to date, and thereafter’’ amounts available to the State under this after that date but before the date of and inserting ‘‘in the period beginning June Act. issuance of the lease under which such explo- 5, 1950, and ending on the date of enactment ‘‘(4) USE OF FUNDS.— ration, development, or production is con- of the Moving Ahead for Progress in the 21st ‘‘(A) IN GENERAL.—Except as provided in ducted. Century Act’’; subparagraph (B), a coastal State may use

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.051 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1550 CONGRESSIONAL RECORD — SENATE March 8, 2012 funds allocated and paid to it under this sub- est Lands Conservation Act of 1980 (16 U.S.C. relating to protection of the fish and wild- section for any purpose as determined by 3142) and section 102(2)(C) of the National En- life, their habitat, subsistence resources, and State law. vironmental Policy Act of 1969 (42 U.S.C. environment of the Coastal Plain, by no ‘‘(B) RESTRICTION ON USE FOR MATCHING.— 4332(2)(C)) is deemed to satisfy the require- later than 15 months after the date of enact- Funds allocated and paid to a coastal State ments under the National Environmental ment of this Act. under this subsection may not be used as Policy Act of 1969 that apply with respect to (2) REVISION OF REGULATIONS.—The Sec- matching funds for any other Federal pro- prelease activities under this title, including retary shall, through a rule making con- gram.’’. actions authorized to be taken by the Sec- ducted in accordance with section 553 of title Subtitle F—Coastal Plain retary to develop and promulgate the regula- 5, United States Code, periodically review tions for the establishment of a leasing pro- SEC. 50501. DEFINITIONS. and, if appropriate, revise the regulations gram authorized by this title before the con- In this title: issued under subsection (a) to reflect a pre- duct of the first lease sale. ponderance of the best available scientific (1) COASTAL PLAIN.—The term ‘‘Coastal (3) COMPLIANCE WITH NEPA FOR OTHER AC- Plain’’ means that area described in appen- evidence that has been peer reviewed and ob- TIONS.—Before conducting the first lease sale tained by following appropriate, documented dix I to part 37 of title 50, Code of Federal under this title, the Secretary shall prepare Regulations. scientific procedures, the results of which an environmental impact statement under can be repeated using those same procedures. (2) PEER REVIEWED.—The term ‘‘peer re- the National Environmental Policy Act of viewed’’ means reviewed— SEC. 50503. LEASE SALES. 1969 with respect to the actions authorized (a) IN GENERAL.—Lands may be leased (A) by individuals chosen by the National by this title that are not referred to in para- Academy of Sciences with no contractual re- under this title to any person qualified to ob- graph (2). Notwithstanding any other law, tain a lease for deposits of oil and gas under lationship with or those who have an appli- the Secretary is not required to identify non- cation for a grant or other funding pending the Mineral Leasing Act (30 U.S.C. 181 et leasing alternative courses of action or to seq.). with the Federal agency with leasing juris- analyze the environmental effects of such (b) PROCEDURES.—The Secretary shall, by diction; or courses of action. The Secretary shall only regulation and no later than 180 days after (B) if individuals described in subpara- identify a preferred action for such leasing the date of enactment of this title, establish graph (A) are not available, by the top indi- and a single leasing alternative, and analyze procedures for— viduals in the specified biological fields, as the environmental effects and potential (1) receipt and consideration of sealed determined by the National Academy of mitigation measures for those two alter- nominations for any area of the Coastal Sciences. natives. The identification of the preferred Plain for inclusion in, or exclusion (as pro- (3) SECRETARY.—The term ‘‘Secretary’’, ex- action and related analysis for the first lease vided in subsection (c)) from, a lease sale; cept as otherwise provided, means the Sec- sale under this title shall be completed with- (2) the holding of lease sales after such retary of the Interior or the Secretary’s des- in 18 months after the date of enactment of nomination process; and ignee. this Act. The Secretary shall only consider (3) public notice of and comment on des- SEC. 50502. LEASING PROGRAM FOR LANDS WITH- public comments that specifically address ignation of areas to be included in, or ex- IN THE COASTAL PLAIN. the Secretary’s preferred action and that are cluded from, a lease sale. (a) IN GENERAL.—The Secretary shall take filed within 20 days after publication of an (c) LEASE SALE BIDS.—Lease sales under such actions as are necessary— environmental analysis. Notwithstanding this title may be conducted through an (1) to establish and implement, in accord- any other law, compliance with this para- Internet leasing program, if the Secretary ance with this title and acting through the graph is deemed to satisfy all requirements determines that such a system will result in Director of the Bureau of Land Management for the analysis and consideration of the en- savings to the taxpayer, an increase in the in consultation with the Director of the vironmental effects of proposed leasing number of bidders participating, and higher United States Fish and Wildlife Service, a under this title. returns than oral bidding or a sealed bidding competitive oil and gas leasing program that (d) RELATIONSHIP TO STATE AND LOCAL AU- system. will result in the exploration, development, THORITY.—Nothing in this title shall be con- (d) SALE ACREAGES AND SCHEDULE.— and production of the oil and gas resources sidered to expand or limit State and local (1) The Secretary shall offer for lease under of the Coastal Plain; and regulatory authority. this title those tracts the Secretary con- (2) to administer the provisions of this (e) SPECIAL AREAS.— siders to have the greatest potential for the title through regulations, lease terms, condi- (1) IN GENERAL.—The Secretary, after con- discovery of hydrocarbons, taking into con- tions, restrictions, prohibitions, stipula- sultation with the State of Alaska, the city sideration nominations received pursuant to tions, and other provisions that ensure the of Kaktovik, and the North Slope Borough, subsection (b)(1). oil and gas exploration, development, and may designate up to a total of 45,000 acres of (2) The Secretary shall offer for lease under production activities on the Coastal Plain the Coastal Plain as a Special Area if the this title no less than 50,000 acres for lease will result in no significant adverse effect on Secretary determines that the Special Area within 22 months after the date of the enact- fish and wildlife, their habitat, subsistence is of such unique character and interest so as ment of this Act. resources, and the environment, including, to require special management and regu- (3) The Secretary shall offer for lease under in furtherance of this goal, by requiring the latory protection. The Secretary shall des- this title no less than an additional 50,000 application of the best commercially avail- ignate as such a Special Area the acres at 6-, 12-, and 18-month intervals fol- able technology for oil and gas exploration, Sadlerochit Spring area, comprising approxi- lowing offering under paragraph (2). development, and production to all explo- mately 4,000 acres. (4) The Secretary shall conduct four addi- ration, development, and production oper- (2) MANAGEMENT.—Each such Special Area tional sales under the same terms and sched- ations under this title in a manner that en- shall be managed so as to protect and pre- ule no later than two years after the date of sures the receipt of fair market value by the serve the area’s unique and diverse character the last sale under paragraph (3), if sufficient public for the mineral resources to be leased. including its fish, wildlife, and subsistence interest in leasing exists to warrant, in the (b) REPEAL OF EXISTING RESTRICTION.— resource values. Secretary’s judgment, the conduct of such (1) REPEAL.—Section 1003 of the Alaska Na- (3) EXCLUSION FROM LEASING OR SURFACE sales. tional Interest Lands Conservation Act of OCCUPANCY.—The Secretary may exclude any (5) The Secretary shall evaluate the bids in 1980 (16 U.S.C. 3143) is repealed. Special Area from leasing. If the Secretary each sale and issue leases resulting from (2) CONFORMING AMENDMENT.—The table of leases a Special Area, or any part thereof, such sales, within 90 days after the date of contents in section 1 of such Act is amended for purposes of oil and gas exploration, devel- the completion of such sale. by striking the item relating to section 1003. opment, production, and related activities, SEC. 50504. GRANT OF LEASES BY THE SEC- (c) COMPLIANCE WITH REQUIREMENTS UNDER there shall be no surface occupancy of the RETARY. CERTAIN OTHER LAWS.— lands comprising the Special Area. (a) IN GENERAL.—The Secretary may grant (1) COMPATIBILITY.—For purposes of the (4) DIRECTIONAL DRILLING.—Notwith- to the highest responsible qualified bidder in National Wildlife Refuge System Adminis- standing the other provisions of this sub- a lease sale conducted under section 55003 tration Act of 1966 (16 U.S.C. 668dd et seq.), section, the Secretary may lease all or a por- any lands to be leased on the Coastal Plain the oil and gas leasing program and activi- tion of a Special Area under terms that per- upon payment by the such bidder of such ties authorized by this section in the Coastal mit the use of horizontal drilling technology bonus as may be accepted by the Secretary. Plain are deemed to be compatible with the from sites on leases tracts located outside (b) SUBSEQUENT TRANSFERS.—No lease purposes for which the Arctic National Wild- the Special Area. issued under this title may be sold, ex- life Refuge was established, and no further (f) LIMITATION ON CLOSED AREAS.—The Sec- changed, assigned, sublet, or otherwise findings or decisions are required to imple- retary’s sole authority to close lands within transferred except with the approval of the ment this determination. the Coastal Plain to oil and gas leasing and Secretary. Prior to any such approval the (2) ADEQUACY OF THE DEPARTMENT OF THE to exploration, development, and production Secretary shall consult with, and give due INTERIOR’S LEGISLATIVE ENVIRONMENTAL IM- is that set forth in this title. consideration to the views of, the Attorney PACT STATEMENT.—The ‘‘Final Legislative (g) REGULATIONS.— General. Environmental Impact Statement’’ (April (1) IN GENERAL.—The Secretary shall pre- SEC. 50505. LEASE TERMS AND CONDITIONS. 1987) on the Coastal Plain prepared pursuant scribe such regulations as may be necessary (a) IN GENERAL.—An oil or gas lease issued to section 1002 of the Alaska National Inter- to carry out this title, including regulations under this title shall—

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.051 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1551 (1) provide for the payment of a royalty of 10,000 acres on the Coastal Plain for each ties, structures, and equipment upon comple- not less than 121⁄2 percent in amount or value 100,000 acres of area leased. tion of oil and gas production operations, ex- of the production removed or sold under the (b) SITE-SPECIFIC ASSESSMENT AND MITIGA- cept that the Secretary may exempt from lease, as determined by the Secretary under TION.—The Secretary shall also require, with the requirements of this paragraph those fa- the regulations applicable to other Federal respect to any proposed drilling and related cilities, structures, or equipment that the oil and gas leases; activities, that— Secretary determines would assist in the (2) provide that the Secretary may close, (1) a site-specific analysis be made of the management of the Arctic National Wildlife on a seasonal basis, portions of the Coastal probable effects, if any, that the drilling or Refuge and that are donated to the United Plain to exploratory drilling activities as related activities will have on fish and wild- States for that purpose. necessary to protect caribou calving areas life, their habitat, subsistence resources, and (7) Appropriate prohibitions or restrictions and other species of fish and wildlife based the environment; on access by all modes of transportation. on a preponderance of the best available sci- (2) a plan be implemented to avoid, mini- (8) Appropriate prohibitions or restrictions entific evidence that has been peer reviewed mize, and mitigate (in that order and to the on sand and gravel extraction. and obtained by following appropriate, docu- extent practicable) any significant adverse (9) Consolidation of facility siting. mented scientific procedures, the results of effect identified under paragraph (1); and (10) Appropriate prohibitions or restric- which can be repeated using those same pro- (3) the development of the plan shall occur tions on use of explosives. cedures; after consultation with the agency or agen- (11) Avoidance, to the extent practicable, (3) require that the lessee of lands within cies having jurisdiction over matters miti- of springs, streams, and river systems; the the Coastal Plain shall be fully responsible gated by the plan. protection of natural surface drainage pat- and liable for the reclamation of lands with- (c) REGULATIONS TO PROTECT COASTAL terns, wetlands, and riparian habitats; and in the Coastal Plain and any other Federal PLAIN FISH AND WILDLIFE RESOURCES, SUB- the regulation of methods or techniques for lands that are adversely affected in connec- SISTENCE USERS, AND THE ENVIRONMENT.—Be- developing or transporting adequate supplies tion with exploration, development, produc- fore implementing the leasing program au- of water for exploratory drilling. tion, or transportation activities conducted thorized by this title, the Secretary shall (12) Avoidance or minimization of air traf- under the lease and within the Coastal Plain prepare and promulgate regulations, lease fic-related disturbance to fish and wildlife. by the lessee or by any of the subcontractors terms, conditions, restrictions, prohibitions, (13) Treatment and disposal of hazardous stipulations, and other measures designed to or agents of the lessee; and toxic wastes, solid wastes, reserve pit ensure that the activities undertaken on the (4) provide that the lessee may not dele- fluids, drilling muds and cuttings, and do- Coastal Plain under this title are conducted gate or convey, by contract or otherwise, the mestic wastewater, including an annual in a manner consistent with the purposes reclamation responsibility and liability to waste management report, a hazardous ma- and environmental requirements of this another person without the express written terials tracking system, and a prohibition on title. approval of the Secretary; (d) COMPLIANCE WITH FEDERAL AND STATE chlorinated solvents, in accordance with ap- (5) provide that the standard of reclama- ENVIRONMENTAL LAWS AND OTHER REQUIRE- plicable Federal and State environmental tion for lands required to be reclaimed under MENTS.—The proposed regulations, lease law. this title shall be, as nearly as practicable, a terms, conditions, restrictions, prohibitions, (14) Fuel storage and oil spill contingency condition capable of supporting the uses and stipulations for the leasing program planning. which the lands were capable of supporting under this title shall require compliance (15) Research, monitoring, and reporting prior to any exploration, development, or with all applicable provisions of Federal and requirements. production activities, or upon application by State environmental law, and shall also re- (16) Field crew environmental briefings. the lessee, to a higher or better use as cer- quire the following: (17) Avoidance of significant adverse ef- tified by the Secretary; (1) Standards at least as effective as the fects upon subsistence hunting, fishing, and (6) contain terms and conditions relating safety and environmental mitigation meas- trapping by subsistence users. to protection of fish and wildlife, their habi- ures set forth in items 1 through 29 at pages (18) Compliance with applicable air and tat, subsistence resources, and the environ- 167 through 169 of the ‘‘Final Legislative En- water quality standards. ment as required pursuant to section vironmental Impact Statement’’ (April 1987) (19) Appropriate seasonal and safety zone 55002(a)(2); on the Coastal Plain. designations around well sites, within which (7) provide that the lessee, its agents, and (2) Seasonal limitations on exploration, de- subsistence hunting and trapping shall be its contractors use best efforts to provide a velopment, and related activities, where nec- limited. fair share, as determined by the level of obli- essary, to avoid significant adverse effects (20) Reasonable stipulations for protection gation previously agreed to in the 1974 agree- during periods of concentrated fish and wild- of cultural and archeological resources. ment implementing section 29 of the Federal life breeding, denning, nesting, spawning, (21) All other protective environmental Agreement and Grant of Right of Way for and migration based on a preponderance of stipulations, restrictions, terms, and condi- the Operation of the Trans-Alaska Pipeline, the best available scientific evidence that tions deemed necessary by the Secretary. of employment and contracting for Alaska has been peer reviewed and obtained by fol- (e) CONSIDERATIONS.—In preparing and pro- Natives and Alaska Native corporations from lowing appropriate, documented scientific mulgating regulations, lease terms, condi- throughout the State; procedures, the results of which can be re- tions, restrictions, prohibitions, and stipula- (8) prohibit the export of oil produced peated using those same procedures. tions under this section, the Secretary shall under the lease; and (3) That exploration activities, except for consider the following: (9) contain such other provisions as the surface geological studies, be limited to the (1) The stipulations and conditions that Secretary determines necessary to ensure period between approximately November 1 govern the National Petroleum Reserve- compliance with this title and the regula- and May 1 each year and that exploration ac- Alaska leasing program, as set forth in the tions issued under this title. tivities shall be supported, if necessary, by 1999 Northeast National Petroleum Reserve- SEC. 50506. COASTAL PLAIN ENVIRONMENTAL ice roads, winter trails with adequate snow Alaska Final Integrated Activity Plan/Envi- PROTECTION. cover, ice pads, ice airstrips, and air trans- ronmental Impact Statement. (a) NO SIGNIFICANT ADVERSE EFFECT port methods, except that such exploration (2) The environmental protection stand- STANDARD TO GOVERN AUTHORIZED COASTAL activities may occur at other times if the ards that governed the initial Coastal Plain PLAIN ACTIVITIES.—The Secretary shall, con- Secretary finds that such exploration will seismic exploration program under parts sistent with the requirements of section have no significant adverse effect on the fish 37.31 to 37.33 of title 50, Code of Federal Reg- 55002, administer this title through regula- and wildlife, their habitat, and the environ- ulations. tions, lease terms, conditions, restrictions, ment of the Coastal Plain. (3) The land use stipulations for explor- prohibitions, stipulations, and other provi- (4) Design safety and construction stand- atory drilling on the KIC–ASRC private sions that— ards for all pipelines and any access and lands that are set forth in appendix 2 of the (1) ensure the oil and gas exploration, de- service roads, that— August 9, 1983, agreement between Arctic velopment, and production activities on the (A) minimize, to the maximum extent pos- Slope Regional Corporation and the United Coastal Plain will result in no significant ad- sible, adverse effects upon the passage of mi- States. verse effect on fish and wildlife, their habi- gratory species such as caribou; and (f) FACILITY CONSOLIDATION PLANNING.— tat, and the environment; (B) minimize adverse effects upon the flow (1) IN GENERAL.—The Secretary shall, after (2) require the application of the best com- of surface water by requiring the use of cul- providing for public notice and comment, mercially available technology for oil and verts, bridges, and other structural devices. prepare and update periodically a plan to gas exploration, development, and produc- (5) Prohibitions on general public access govern, guide, and direct the siting and con- tion on all new exploration, development, and use on all pipeline access and service struction of facilities for the exploration, de- and production operations; and roads. velopment, production, and transportation of (3) ensure that the maximum amount of (6) Stringent reclamation and rehabilita- Coastal Plain oil and gas resources. surface acreage covered by production and tion requirements, consistent with the (2) OBJECTIVES.—The plan shall have the support facilities, including airstrips and standards set forth in this title, requiring following objectives: any areas covered by gravel berms or piers the removal from the Coastal Plain of all oil (A) Avoiding unnecessary duplication of fa- for support of pipelines, does not exceed and gas development and production facili- cilities and activities.

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.051 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1552 CONGRESSIONAL RECORD — SENATE March 8, 2012 (B) Encouraging consolidation of common (2) under title XI of the Alaska National 1531 et seq.), the National Environmental facilities and activities. Interest Lands Conservation Act (30 U.S.C. Policy Act of 1969 (42 U.S.C. 4321 et seq.), and (C) Locating or confining facilities and ac- 3161 et seq.), for access authorized by sec- the Energy Policy Act of 2005 (Public Law tivities to areas that will minimize impact tions 1110 and 1111 of that Act (16 U.S.C. 3170 109–58), and the Secretary of the Interior on fish and wildlife, their habitat, and the and 3171). shall implement the oil shale and tar sands environment. (b) TERMS AND CONDITIONS.—The Secretary leasing program authorized by the regula- (D) Utilizing existing facilities wherever shall include in any right-of-way or ease- tions referred to in subsection (a) in those practicable. ment issued under subsection (a) such terms areas covered by the resource management (E) Enhancing compatibility between wild- and conditions as may be necessary to en- plans amended by such amendments, and life values and development activities. sure that transportation of oil and gas does covered by such record of decision, without (g) ACCESS TO PUBLIC LANDS.—The Sec- not result in a significant adverse effect on any other administrative action necessary. retary shall— the fish and wildlife, subsistence resources, SEC. 50602. OIL SHALE AND TAR SANDS LEASING. (1) manage public lands in the Coastal their habitat, and the environment of the (a) ADDITIONAL RESEARCH AND DEVELOP- Plain subject to of section 811 of the Alaska Coastal Plain, including requirements that MENT LEASE SALES.—The Secretary of the In- National Interest Lands Conservation Act (16 facilities be sited or designed so as to avoid terior shall hold a lease sale within 180 days U.S.C. 3121); and unnecessary duplication of roads and pipe- after the date of enactment of this Act offer- (2) ensure that local residents shall have lines. ing an additional 10 parcels for lease for re- reasonable access to public lands in the (c) REGULATIONS.—The Secretary shall in- search, development, and demonstration of Coastal Plain for traditional uses. clude in regulations under section 55002(g) oil shale or tar sands resources, under the SEC. 50507. EXPEDITED JUDICIAL REVIEW. provisions granting rights-of-way and ease- terms offered in the solicitation of bids for (a) FILING OF COMPLAINT.— ments described in subsection (a) of this sec- such leases published on January 15, 2009 (74 (1) DEADLINE.—Subject to paragraph (2), tion. Fed. Reg. 10). any complaint seeking judicial review— SEC. 50510. CONVEYANCE. (b) COMMERCIAL LEASE SALES.—No later (A) of any provision of this title shall be In order to maximize Federal revenues by than January 1, 2016, the Secretary of the In- filed by not later than 1 year after the date removing clouds on title to lands and clari- terior shall hold no less than 5 separate com- of enactment of this Act; or fying land ownership patterns within the mercial lease sales in areas considered to (B) of any action of the Secretary under Coastal Plain, the Secretary, notwith- have the most potential for oil shale or tar this title shall be filed— standing section 1302(h)(2) of the Alaska Na- sands development, as determined by the (i) except as provided in clause (ii), within tional Interest Lands Conservation Act (16 Secretary, in areas nominated through pub- the 90-day period beginning on the date of U.S.C. 3192(h)(2)), shall convey— lic comment. Each lease sale shall be for an the action being challenged; or (1) to the Kaktovik Inupiat Corporation area of not less than 25,000 acres, and in mul- (ii) in the case of a complaint based solely the surface estate of the lands described in tiple lease blocs. on grounds arising after such period, within paragraph 1 of Public Land Order 6959, to the (c) REDUCED PAYMENTS TO ENSURE PRODUC- 90 days after the complainant knew or rea- extent necessary to fulfill the Corporation’s TION.—The Secretary of the Interior may sonably should have known of the grounds entitlement under sections 12 and 14 of the temporarily reduce royalties, fees, rentals, for the complaint. Alaska Native Claims Settlement Act (43 bonus, or other payments for leases of Fed- (2) VENUE.—Any complaint seeking judicial U.S.C. 1611 and 1613) in accordance with the eral lands for the development and produc- review of any provision of this title or any terms and conditions of the Agreement be- tion of oil shale resources as necessary to action of the Secretary under this title may tween the Department of the Interior, the incentivize and encourage development of be filed only in the United States Court of United States Fish and Wildlife Service, the such resources, if the Secretary determines Appeals for the District of Columbia. Bureau of Land Management, and the that the royalties, fees, rentals, bonus bids, (3) LIMITATION ON SCOPE OF CERTAIN RE- Kaktovik Inupiat Corporation dated January and other payments otherwise authorized by VIEW.—Judicial review of a Secretarial deci- 22, 1993; and law are hindering production of such re- sion to conduct a lease sale under this title, (2) to the Arctic Slope Regional Corpora- sources. including the environmental analysis there- tion the remaining subsurface estate to TITLE II—ENERGY TAX INCENTIVES of, shall be limited to whether the Secretary which it is entitled pursuant to the August 9, SEC. 51001. EXTENSION OF CREDIT FOR ENERGY- has complied with this title and shall be 1983, agreement between the Arctic Slope Re- EFFICIENT EXISTING HOMES. based upon the administrative record of that gional Corporation and the United States of (a) IN GENERAL.—Paragraph (2) of section decision. The Secretary’s identification of a America. 25C(g) of the Internal Revenue Code of 1986 is preferred course of action to enable leasing Subtitle G—Oil Shale and Tar Sands Leasing amended by striking ‘‘December 31, 2011’’ and to proceed and the Secretary’s analysis of inserting ‘‘December 31, 2012’’. SEC. 50601. EFFECTIVENESS OF OIL SHALE REGU- environmental effects under this title shall (b) EFFECTIVE DATE.—The amendment LATIONS, AMENDMENTS TO RE- made by this section shall apply to property be presumed to be correct unless shown oth- SOURCE MANAGEMENT PLANS, AND erwise by clear and convincing evidence to RECORD OF DECISION. placed in service after December 31, 2011. the contrary. (a) REGULATIONS.—Notwithstanding any SEC. 51002. EXTENSION OF CREDIT FOR ALTER- (b) LIMITATION ON OTHER REVIEW.—Actions other law or regulation to the contrary, the NATIVE FUEL VEHICLE REFUELING PROPERTY. of the Secretary with respect to which re- final regulations regarding oil shale manage- (a) EXTENSION.—Paragraph (2) of section view could have been obtained under this ment published by the Bureau of Land Man- section shall not be subject to judicial re- 30C(g) of the Internal Revenue Code of 1986 is agement on November 18, 2008 (73 Fed. Reg. amended by striking ‘‘December 31, 2011.’’ view in any civil or criminal proceeding for 69,414) are deemed to satisfy all legal and enforcement. and inserting ‘‘December 31, 2012’’. procedural requirements under any law, in- (b) EFFECTIVE DATE.—The amendment (c) LIMITATION ON ATTORNEYS’ FEES AND cluding the Federal Land Policy and Man- made by this section shall apply to property COURT COSTS.—No person seeking judicial re- agement Act of 1976 (43 U.S.C. 1701 et seq.), placed in service after December 31, 2011. view of any action under this title shall re- the Endangered Species Act of 1973 (16 U.S.C. ceive payment from the Federal Government SEC. 51003. EXTENSION OF INCENTIVES FOR BIO- 1531 et seq.), the National Environmental DIESEL AND RENEWABLE DIESEL. for their attorneys’ fees and other court Policy Act of 1969 (42 U.S.C. 4321 et seq.), and (a) CREDITS FOR BIODIESEL AND RENEWABLE costs, including under any provision of law the Energy Policy Act of 2005 (Public Law DIESEL USED AS FUEL.—Subsection (g) of sec- enacted by the Equal Access to Justice Act 109–58), and the Secretary of the Interior tion 40A of the Internal Revenue Code of 1986 (5 U.S.C. 504 note). shall implement those regulations, including is amended by striking ‘‘December 31, 2011’’ SEC. 50508. TREATMENT OF REVENUES. the oil shale and tar sands leasing program and inserting ‘‘December 31, 2012’’. Notwithstanding any other provision of authorized by the regulations, without any (b) EXCISE TAX CREDITS AND OUTLAY PAY- law, 50 percent of the amount of bonus, rent- other administrative action necessary. MENTS FOR BIODIESEL AND RENEWABLE DIESEL al, and royalty revenues from Federal oil and (b) AMENDMENTS TO RESOURCE MANAGE- FUEL MIXTURES.— gas leasing and operations authorized under MENT PLANS AND RECORD OF DECISION.—Not- (1) Paragraph (6) of section 6426(c) of the this title shall be deposited in the Treasury. withstanding any other law or regulation to Internal Revenue Code of 1986 is amended by SEC. 50509. RIGHTS-OF-WAY ACROSS THE COAST- the contrary, the November 17, 2008 U.S. Bu- striking ‘‘December 31, 2011’’ and inserting AL PLAIN. reau of Land Management Approved Re- ‘‘December 31, 2012’’. (a) IN GENERAL.—The Secretary shall issue source Management Plan Amendments/ (2) Subparagraph (B) of section 6427(e)(6) of rights-of-way and easements across the Record of Decision for Oil Shale and Tar such Code is amended by striking ‘‘December Coastal Plain for the transportation of oil Sands Resources to Address Land Use Allo- 31, 2011’’ and inserting ‘‘December 31, 2012’’. and gas produced under leases under this cations in Colorado, Utah, and Wyoming and (c) EFFECTIVE DATE.—The amendments title— Final Programmatic Environmental Impact made by this section shall apply to fuel sold (1) except as provided in paragraph (2), Statement are deemed to satisfy all legal or used after December 31, 2011. under section 28 of the Mineral Leasing Act and procedural requirements under any law, SEC. 51004. EXTENSION OF CREDIT FOR ENERGY- (30 U.S.C. 185), without regard to title XI of including the Federal Land Policy and Man- EFFICIENT APPLIANCES. the Alaska National Interest Lands Con- agement Act of 1976 (43 U.S.C. 1701 et seq.), (a) IN GENERAL.—Section 45M(b) of the In- servation Act (16 U.S.C. 3161 et seq.); and the Endangered Species Act of 1973 (16 U.S.C. ternal Revenue Code of 1986 is amended by

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.051 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1553 striking ‘‘2011’’ each place it appears other tions made in taxable years beginning after refund has expired for any taxable year in than in the provisions specified in subsection December 31, 2011. the 3-taxable-year period taken into account (b), and inserting ‘‘2011 or 2012’’. SEC. 52004. EXTENSION OF ABOVE-THE-LINE DE- under subsection (a), the qualified research (b) PROVISIONS SPECIFIED.—The provisions DUCTION FOR QUALIFIED TUITION expenses taken into account for such year of section 45M(b) of the Internal Revenue AND RELATED EXPENSES. shall be determined on a basis consistent Code of 1986 specified in this subsection are (a) IN GENERAL.—Subsection (e) of section with the determination of qualified research subparagraph (C) of paragraph (1) and sub- 222 is amended by striking ‘‘December 31, expenses for the credit year. paragraph (E) of paragraph (2). 2011’’ and inserting ‘‘December 31, 2012’’. ‘‘(B) PREVENTION OF DISTORTIONS.—The (c) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendment Secretary may prescribe regulations to pre- made by this section shall apply to appli- made by this section shall apply to taxable vent distortions in calculating a taxpayer’s ances produced after December 31, 2011. years beginning after December 31, 2011. qualified research expenses caused by a SEC. 51005. EXTENSION OF SPECIAL RULE FOR SEC. 52005. EXTENSION OF TAX-FREE DISTRIBU- change in accounting methods used by such SALES OR DISPOSITIONS TO IMPLE- TIONS FROM INDIVIDUAL RETIRE- taxpayer between the credit year and a year MENT FERC OR STATE ELECTRIC RE- MENT PLANS FOR CHARITABLE PUR- in such 3-taxable-year period.’’. STRUCTURING POLICY FOR QUALI- POSES. (c) INCLUSION OF QUALIFIED RESEARCH EX- FIED ELECTRIC UTILITIES. (a) IN GENERAL.—Subparagraph (F) of sec- PENSES OF AN ACQUIRED PERSON.— (a) IN GENERAL.—Paragraph (3) of section tion 408(d)(8) is amended by striking ‘‘De- (1) PARTIAL INCLUSION OF PRE-ACQUISITION 451(i) of the Internal Revenue Code of 1986 is cember 31, 2011’’ and inserting ‘‘December 31, QUALIFIED RESEARCH EXPENSES.—Subpara- amended by striking ‘‘January 1, 2012’’ and 2012’’. graph (A) of section 41(f)(3) is amended to inserting ‘‘January 1, 2013’’. (b) EFFECTIVE DATE.—The amendment read as follows: (b) EFFECTIVE DATE.—The amendment made by this section shall apply to distribu- ‘‘(A) ACQUISITIONS.— made by this section shall apply to disposi- tions made in taxable years beginning after ‘‘(i) IN GENERAL.—If a person acquires the tions after December 31, 2011. December 31, 2011. major portion of a trade or business of an- other person (hereinafter in this paragraph SEC. 51006. EXTENSION OF SUSPENSION OF LIMI- SEC. 52006. EXTENSION OF LOOK-THRU OF CER- TATION ON PERCENTAGE DEPLE- TAIN REGULATED INVESTMENT referred to as the ‘predecessor’) or the major TION FOR OIL AND GAS FROM MAR- COMPANY STOCK IN DETERMINING portion of a separate unit of a trade or busi- GINAL WELLS. GROSS ESTATE OF NONRESIDENTS. ness of a predecessor, then the amount of (a) IN GENERAL.—Clause (ii) of section (a) IN GENERAL.—Paragraph (3) of section qualified research expenses paid or incurred 613A(c)(6)(H) of the Internal Revenue Code of 2105(d) is amended by striking ‘‘December 31, by the acquiring person during the 3 taxable 1986 is amended by striking ‘‘January 1, 2012’’ 2011’’ and inserting ‘‘December 31, 2012’’. years preceding the taxable year in which and inserting ‘‘January 1, 2013’’. (b) EFFECTIVE DATE.—The amendment the credit under this section is determined (b) EFFECTIVE DATE.—The amendment made by this section shall apply to estates of shall be increased by— made by this section shall apply to taxable decedents dying after December 31, 2011. ‘‘(I) for purposes of applying this section years beginning after December 31, 2011. for the taxable year in which such acquisi- SEC. 52007. EXTENSION OF EXPANSION OF ADOP- SEC. 51007. EXTENSION OF ALTERNATIVE FUELS TION CREDIT AND ADOPTION AS- tion is made, the amount determined under EXCISE TAX CREDITS. SISTANCE PROGRAMS. clause (ii), and (a) IN GENERAL.—Sections 6426(d)(5), (a) IN GENERAL.—Subsection (c) of section ‘‘(II) for purposes of applying this section 6426(e)(3), and 6427(e)(6)(C) of the Internal 10909 of the Patient Protection and Afford- for any taxable year after the taxable year in Revenue Code of 1986 are each amended by able Care Act, as amended by the Tax Relief, which such acquisition is made, so much of striking ‘‘December 31, 2011’’ and inserting Unemployment Insurance Reauthorization, the qualified research expenses paid or in- ‘‘December 31, 2012’’. and Job Creation Act of 2010, is amended by curred by the predecessor with respect to the (b) EFFECTIVE DATE.—The amendments striking ‘‘December 31, 2011’’ and inserting acquired trade or business during the portion made by this section shall apply to fuel sold ‘‘December 31, 2012’’. of the measurement period that is part of the 3-taxable-year period preceding the taxable or used after December 31, 2011. (b) EFFECTIVE DATE.—The amendment year for which the credit is determined as is TITLE III—TAX EXTENDER PROVISIONS made by this section shall apply to taxable years beginning after December 31, 2011. attributable to the portion of such trade or SEC. 52000. AMENDMENTS TO 1986 CODE. business or separate unit acquired by such Except as otherwise expressly provided, Subtitle B—Business Tax Relief person. whenever in this title an amendment or re- SEC. 52101. EXTENSION AND MODIFICATION OF ‘‘(ii) AMOUNT DETERMINED.—The amount peal is expressed in terms of an amendment RESEARCH CREDIT. determined under this clause is the amount to, or repeal of, a section or other provision, (a) SIMPLIFIED CREDIT FOR QUALIFIED RE- equal to the product of— the reference shall be considered to be made SEARCH EXPENSES.—Subsection (a) of section ‘‘(I) so much of the qualified research ex- to a section or other provision of the Inter- 41 is amended to read as follows: penses paid or incurred by the predecessor nal Revenue Code of 1986. ‘‘(a) GENERAL RULE.—For purposes of sec- with respect to the acquired trade or busi- Subtitle A—Individual Tax Relief tion 38, the research credit determined under ness during the 3 taxable years before the this section for the taxable year shall be an taxable year in which the acquisition is SEC. 52001. EXTENSION OF DEDUCTION FOR CER- TAIN EXPENSES OF ELEMENTARY amount equal to 20 percent of so much of the made as is attributable to the portion of AND SECONDARY SCHOOL TEACH- qualified research expenses for the taxable such trade or business or separate unit ac- ERS. year as exceeds 50 percent of the average quired by the acquiring person, and (a) IN GENERAL.—Subparagraph (D) of sec- qualified research expenses for the 3 taxable ‘‘(II) the number of months in the period tion 62(a)(2) is amended by striking ‘‘or 2011’’ years preceding the taxable year for which beginning on the date of the acquisition and and inserting ‘‘2011, or 2012’’. the credit is being determined.’’. ending on the last day of the taxable year in (b) EFFECTIVE DATE.—The amendment (b) SPECIAL RULES AND TERMINATION OF which the acquisition is made, made by this section shall apply to taxable BASE AMOUNT CALCULATION.— divided by 12. years beginning after December 31, 2011. (1) IN GENERAL.—Subsection (c) of section ‘‘(iii) SPECIAL RULES FOR COORDINATING SEC. 52002. EXTENSION OF DEDUCTION OF STATE 41 is amended to read as follows: TAXABLE YEARS.—In the case of an acquiring AND LOCAL SALES TAXES. ‘‘(c) SPECIAL RULE IN CASE OF NO QUALIFIED person and a predecessor whose taxable years (a) IN GENERAL.—Subparagraph (I) of sec- RESEARCH EXPENSES IN ANY OF 3 PRECEDING do not begin on the same date— tion 164(b)(5) is amended by striking ‘‘Janu- TAXABLE YEARS.— ‘‘(I) each reference to a taxable year in ary 1, 2012’’ and inserting ‘‘January 1, 2013’’. ‘‘(1) TAXPAYERS TO WHICH SUBSECTION AP- clauses (i) and (ii) shall refer to the appro- (b) EFFECTIVE DATE.—The amendment PLIES.—The credit under this section shall be priate taxable year of the acquiring person, made by this section shall apply to taxable determined under this subsection, and not ‘‘(II) the qualified research expenses paid years beginning after December 31, 2011. under subsection (a), if, in any one of the 3 or incurred by the predecessor during each SEC. 52003. EXTENSION OF SPECIAL RULE FOR taxable years preceding the taxable year for taxable year of the predecessor any portion CONTRIBUTIONS OF CAPITAL GAIN which the credit is being determined, the of which is part of the measurement period REAL PROPERTY MADE FOR CON- taxpayer has no qualified research expenses. shall be allocated equally among the months SERVATION PURPOSES. ‘‘(2) CREDIT RATE.—The credit determined of such taxable year, and (a) IN GENERAL.—Clause (vi) of section under this subsection shall be equal to 10 ‘‘(III) the amount of such qualified re- 170(b)(1)(E) is amended by striking ‘‘Decem- percent of the qualified research expenses for search expenses taken into account under ber 31, 2011’’ and inserting ‘‘December 31, the taxable year.’’. clauses (i) and (ii) with respect to a taxable 2012’’. (2) CONSISTENT TREATMENT OF EXPENSES.— year of the acquiring person shall be equal to (b) CONTRIBUTIONS BY CERTAIN CORPORATE Subsection (b) of section 41 is amended by the total of the expenses attributable under FARMERS AND RANCHERS.—Clause (iii) of sec- adding at the end the following new para- subclause (II) to the months occurring dur- tion 170(b)(2)(B) is amended by striking ‘‘De- graph: ing such taxable year. cember 31, 2011’’ and inserting ‘‘December 31, ‘‘(5) CONSISTENT TREATMENT OF EXPENSES ‘‘(iv) MEASUREMENT PERIOD.—For purposes 2012’’. REQUIRED.— of this subparagraph, the term ‘measurement (c) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—Notwithstanding wheth- period’ means the taxable year of the acquir- made by this section shall apply to contribu- er the period for filing a claim for credit or ing person in which the acquisition is made

VerDate Mar 15 2010 02:54 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.051 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE S1554 CONGRESSIONAL RECORD — SENATE March 8, 2012 and the 3 taxable years of the acquiring per- ‘‘(i) any educational organization which— SEC. 52105. EXTENSION OF MINE RESCUE TEAM son preceding such taxable year.’’. ‘‘(I) is an institution of higher education TRAINING CREDIT. (2) EXPENSES OF A DISPOSING PERSON.—Sub- (within the meaning of section 3304(f)), and (a) IN GENERAL.—Subsection (e) of section paragraph (B) of section 41(f)(3) is amended ‘‘(II) is described in subsection (b)(1)(A)(ii), 45N is amended by striking ‘‘December 31, to read as follows: or 2011’’ and inserting ‘‘December 31, 2012’’. ‘‘(B) DISPOSITIONS.—If a person disposes of ‘‘(ii) any organization not described in (b) EFFECTIVE DATE.—The amendment the major portion of any trade or business or clause (i) which— made by this section shall apply to taxable the major portion of a separate unit of a ‘‘(I) is described in section 501(c)(3) and is years beginning after December 31, 2011. trade or business in a transaction to which exempt from tax under section 501(a), SEC. 52106. EXTENSION OF EMPLOYER WAGE subparagraph (A) applies, and the disposing CREDIT FOR EMPLOYEES WHO ARE ‘‘(II) is organized and operated primarily to ACTIVE DUTY MEMBERS OF THE person furnished to the acquiring person conduct scientific research, and UNIFORMED SERVICES. such information as is necessary for the ap- ‘‘(III) is not a private foundation.’’. (a) IN GENERAL.—Subsection (f) of section plication of subparagraph (A), then, for pur- (E) Section 280C is amended— 45P is amended by striking ‘‘December 31, poses of applying this section for any taxable (i) by striking ‘‘or basic research expenses 2011’’ and inserting ‘‘December 31, 2012’’. year ending after such disposition, the (as defined in section 41(e)(2))’’ in subsection (b) EFFECTIVE DATE.—The amendment amount of qualified research expenses paid (c)(1), made by this section shall apply to payments or incurred by the disposing person during (ii) by striking ‘‘section 41(a)(1)’’ in sub- made after December 31, 2011. the 3 taxable years preceding such taxable section (c)(2)(A) and inserting ‘‘section SEC. 52107. EXTENSION OF WORK OPPORTUNITY year shall be decreased by the amount of the 41(a)’’, and TAX CREDIT. increase determined under subparagraph (A) (iii) by striking ‘‘or basic research ex- (a) IN GENERAL.—Subparagraph (B) of sec- with respect to the acquiring person for such penses’’ in subsection (c)(2)(B). tion 51(c)(4), as amended by the VOW to Hire taxable year.’’. (F) Clause (i) of section 1400N(l)(7)(B) is Heroes Act of 2011, is amended by striking (d) AGGREGATION OF EXPENDITURES.—Para- amended by striking ‘‘section 41(g)’’ and in- ‘‘after’’ and all that follows and inserting graph (1) of section 41(f) is amended— serting ‘‘section 41(e)’’. ‘‘after December 31, 2012’’. (1) by striking ‘‘shall be its proportionate (g) TECHNICAL CORRECTIONS.—Section 409 is (b) EFFECTIVE DATE.—The amendment shares of the qualified research expenses, amended— made by this section shall apply to individ- basic research payments, and amounts paid (1) by inserting ‘‘, as in effect before the uals who begin work for the employer after or incurred to energy research consortiums, enactment of the Tax Reform Act of 1984)’’ December 31, 2011. giving rise to the credit’’ in subparagraph after ‘‘section 41(c)(1)(B)’’ in subsection SEC. 52108. EXTENSION OF QUALIFIED ZONE (A)(ii) and inserting ‘‘shall be determined on (b)(1)(A), ACADEMY BONDS. a proportionate basis to its share of the ag- (2) by inserting ‘‘, as in effect before the (a) IN GENERAL.—Paragraph (1) of section gregate qualified research expenses taken enactment of the Tax Reform Act of 1984’’ 54E(c) is amended by inserting ‘‘and 2012’’ into account by such controlled group for after ‘‘relating to the employee stock owner- after ‘‘for 2011’’. purposes of this section’’, and ship credit’’ in subsection (b)(4), (b) REPEAL OF REFUNDABLE CREDIT FOR (2) by striking ‘‘shall be its proportionate (3) by inserting ‘‘(as in effect before the en- QZABS.—Clause (iii) of section 6431(f)(3)(A) is shares of the qualified research expenses, actment of the Tax Reform Act of 1984)’’ amended by inserting ‘‘or 2012’’ after ‘‘for basic research payments, and amounts paid after ‘‘section 41(c)(1)(B)’’ in subsection 2011’’. or incurred to energy research consortiums, (c) EFFECTIVE DATE.—The amendments (i)(1)(A), giving rise to the credit’’ in subparagraph made by this section shall apply to obliga- (4) by inserting ‘‘(as in effect before the en- (B)(ii) and inserting ‘‘shall be determined on tions issued after December 31, 2011. actment of the Tax Reform Act of 1984)’’ a proportionate basis to its share of the ag- after ‘‘section 41(c)(1)(B)’’ in subsection (m), SEC. 52109. EXTENSION OF 15-YEAR STRAIGHT- gregate qualified research expenses taken LINE COST RECOVERY FOR QUALI- (5) by inserting ‘‘(as so in effect)’’ after into account by all such persons under com- FIED LEASEHOLD IMPROVEMENTS, ‘‘section 48(n)(1)’’ in subsection (m), mon control for purposes of this section’’. QUALIFIED RESTAURANT BUILD- (6) by inserting ‘‘(as in effect before the en- INGS AND IMPROVEMENTS, AND (e) EXTENSION.— actment of the Tax Reform Act of 1984)’’ QUALIFIED RETAIL IMPROVEMENTS. (1) Subsection (h) of section 41 is amend- after ‘‘section 48(n)’’ in subsection (q)(1), and (a) IN GENERAL.—Clauses (iv), (v), and (ix) ed— (7) by inserting ‘‘(as in effect before the en- of section 168(e)(3)(E) are each amended by (A) by striking paragraph (2) (relating to actment of the Tax Reform Act of 1984)’’ striking ‘‘January 1, 2012’’ and inserting termination of alternative incremental cred- after ‘‘section 41’’ in subsection (q)(3). ‘‘January 1, 2013’’. it), and (h) EFFECTIVE DATE.— (b) EFFECTIVE DATE.—The amendments (B) by striking ‘‘paid or incurred’’ and all (1) IN GENERAL.—Except as provided in made by this section shall apply to property that follows in paragraph (1) and inserting paragraphs (2) and (3), the amendments made placed in service after December 31, 2011. ‘‘paid or incurred after December 31, 2012.’’. by this section shall apply to taxable years SEC. 52110. EXTENSION OF 7-YEAR RECOVERY PE- (2) Subparagraph (D) of section 45C(b)(1) is beginning after December 31, 2011. RIOD FOR MOTORSPORTS ENTER- amended by striking ‘‘June 30, 1995’’ and all (2) EXTENSION.—The amendments made by TAINMENT COMPLEXES. that follows and inserting ‘‘December 31, subsection (e) shall apply to amounts paid or (a) IN GENERAL.—Subparagraph (D) of sec- 2012.’’. incurred after December 31, 2011. tion 168(i)(15) is amended by striking ‘‘De- (f) CONFORMING AMENDMENTS.— (3) TECHNICAL CORRECTIONS.—The amend- cember 31, 2011’’ and inserting ‘‘December 31, (1) TERMINATION OF BASIC RESEARCH PAY- ments made by subsection (g) shall take ef- 2012’’. MENT CALCULATION.—Section 41 is amended— (b) EFFECTIVE DATE.—The amendment fect on the date of the enactment of this Act. (A) by striking subsection (e), made by this section shall apply to property (B) by redesignating subsection (g) as sub- SEC. 52102. EXTENSION OF INDIAN EMPLOYMENT placed in service after December 31, 2011. TAX CREDIT. section (e), and (a) IN GENERAL.—Subsection (f) of section SEC. 52111. EXTENSION OF ACCELERATED DE- (C) by relocating subsection (e), as so re- PRECIATION FOR BUSINESS PROP- 45A is amended by striking ‘‘December 31, designated, immediately after subsection (d). ERTY ON AN INDIAN RESERVATION. 2011’’ and inserting ‘‘December 31, 2012’’. (2) SPECIAL RULES.— (a) IN GENERAL.—Paragraph (8) of section (b) EFFECTIVE DATE.—The amendment 168(j) is amended by striking ‘‘December 31, (A) Paragraph (4) of section 41(f) is amend- made by this section shall apply to taxable 2011’’ and inserting ‘‘December 31, 2012’’. ed by striking ‘‘and gross receipts’’. years beginning after December 31, 2011. (B) Subsection (f) of section 41 is amended (b) EFFECTIVE DATE.—The amendment SEC. 52103. EXTENSION OF NEW MARKETS TAX by striking paragraph (6). made by this section shall apply to property CREDIT. placed in service after December 31, 2011. (3) CROSS-REFERENCES.— (a) IN GENERAL.—Subparagraph (G) of sec- (A) Paragraph (2) of section 45C(c) is SEC. 52112. EXTENSION OF ENHANCED CHARI- tion 45D(f)(1) is amended by striking ‘‘2010 TABLE DEDUCTION FOR CONTRIBU- amended by striking ‘‘base period research and 2011’’ and inserting ‘‘2010, 2011, and 2012’’. expenses’’ and inserting ‘‘average qualified TIONS OF FOOD INVENTORY. (b) CARRYOVER OF UNUSED LIMITATION.— (a) IN GENERAL.—Clause (iv) of section research expenses’’. Paragraph (3) of section 45D(f) is amended by 170(e)(3)(C) is amended by striking ‘‘Decem- (B) Subparagraph (A) of section 54(l)(3) is striking ‘‘2016’’ and inserting ‘‘2017’’. ber 31, 2011’’ and inserting ‘‘December 31, amended by striking ‘‘section 41(g)’’ and in- (c) EFFECTIVE DATE.—The amendments 2012’’. serting ‘‘section 41(e)’’. made by this section shall apply to calendar (b) EFFECTIVE DATE.—The amendment (C) Clause (i) of section 170(e)(4)(B) is years beginning after December 31, 2011. made by this section shall apply to contribu- amended to read as follows: SEC. 52104. EXTENSION OF RAILROAD TRACK tions made after December 31, 2011. ‘‘(i) the contribution is to a qualified orga- MAINTENANCE CREDIT. SEC. 52113. EXTENSION OF ENHANCED CHARI- nization,’’. (a) IN GENERAL.—Subsection (f) of section TABLE DEDUCTION FOR CONTRIBU- (D) Paragraph (4) of section 170(e) is 45G is amended by striking ‘‘January 1, 2012’’ TIONS OF BOOK INVENTORIES TO amended by adding at the end the following and inserting ‘‘January 1, 2013’’. PUBLIC SCHOOLS. new subparagraph: (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Clause (iv) of section ‘‘(E) QUALIFIED ORGANIZATION.—For pur- made by this section shall apply to expendi- 170(e)(3)(D) is amended by striking ‘‘Decem- poses of this paragraph, the term ‘qualified tures paid or incurred in taxable years begin- ber 31, 2011’’ and inserting ‘‘December 31, organization’ means— ning after December 31, 2011. 2012’’.

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(b) EFFECTIVE DATE.—The amendment ber 31, 2011’’ and inserting ‘‘December 31, SEC. 52125. EXTENSION OF TEMPORARY IN- made by this section shall apply to contribu- 2012’’. CREASE IN LIMIT ON COVER OVER tions made after December 31, 2011. OF RUM EXCISE TAXES TO PUERTO (b) EFFECTIVE DATE.— RICO AND THE VIRGIN ISLANDS. SEC. 52114. EXTENSION OF ENHANCED CHARI- (1) IN GENERAL.—The amendment made by (a) IN GENERAL.—Paragraph (1) of section TABLE DEDUCTION FOR COR- subsection (a) shall take effect on January 1, 7652(f) is amended by striking ‘‘January 1, PORATE CONTRIBUTIONS OF COM- 2012. Notwithstanding the preceding sen- PUTER INVENTORY FOR EDU- 2012’’ and inserting ‘‘January 1, 2013’’. CATIONAL PURPOSES. tence, such amendment shall not apply with (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Subparagraph (G) of sec- respect to the withholding requirement made by this section shall apply to distilled tion 170(e)(6) is amended by striking ‘‘De- under section 1445 of the Internal Revenue spirits brought into the United States after cember 31, 2011’’ and inserting ‘‘December 31, Code of 1986 for any payment made before December 31, 2011. 2012’’. the date of the enactment of this Act. TITLE IV—OFFSETS (2) AMOUNTS WITHHELD ON OR BEFORE DATE (b) EFFECTIVE DATE.—The amendment SEC. 53001. DEFICIT REDUCTION TRUST FUND. OF ENACTMENT.—In the case of a regulated in- made by this section shall apply to contribu- (a) IN GENERAL.—Subchapter I of chapter vestment company— tions made in taxable years beginning after 31 of title 31, United States Code, is amended (A) which makes a distribution after De- December 31, 2011. by adding at the end the following new sec- cember 31, 2011, and before the date of the en- SEC. 52115. EXTENSION OF INCREASED EXPENS- tion: ING LIMITATIONS AND TREATMENT actment of this Act; and OF CERTAIN REAL PROPERTY AS (B) which would (but for the second sen- ‘‘§ 3114. Trust fund to reduce public debt SECTION 179 PROPERTY. tence of paragraph (1)) have been required to ‘‘(a) There is established in the Treasury of (a) IN GENERAL.—Section 179(b) is amend- withhold with respect to such distribution the United States a trust fund to be known ed— under section 1445 of such Code, as the ‘Deficit Reduction Trust Fund’ (in (1) by striking ‘‘2010 or 2011’’ each place it such investment company shall not be liable this section referred to as the ‘Trust Fund’). appears in paragraph (1)(B) and (2)(B) and in- to any person to whom such distribution was ‘‘(b) There is appropriated to the Trust serting ‘‘2010, 2011, or 2012’’, made for any amount so withheld and paid Fund the following amounts: (2) by striking ‘‘2012’’ each place it appears over to the Secretary of the Treasury. ‘‘(1) Amounts equivalent to the net in- in paragraph (1)(C) and (2)(C) and inserting crease in amounts received in the Treasury ‘‘2013’’, and SEC. 52121. EXTENSION OF SUBPART F EXCEP- attributable to the provisions of, and the TION FOR ACTIVE FINANCING IN- amendments made by, subtitles B, C, D, E, F, (3) by striking ‘‘2012’’ each place it appears COME. in paragraph (1)(D) and (2)(D) and inserting and G of title I of division E of the Moving ‘‘2013’’. (a) EXEMPT INSURANCE INCOME.—Paragraph Ahead for Progress in the 21st Century Act. (b) INFLATION ADJUSTMENT.—Subparagraph (10) of section 953(e) is amended— ‘‘(2) The net increase in taxes received in (A) of section 179(b)(6) is amended by strik- (1) by striking ‘‘January 1, 2012’’ and in- the Treasury attributable to the amend- ing ‘‘2012’’ and inserting ‘‘2013’’. serting ‘‘January 1, 2013’’, and ments made by section 53002 of the Moving (c) COMPUTER SOFTWARE.—Section (2) by striking ‘‘December 31, 2011’’ and in- Ahead for Progress in the 21st Century Act. 179(d)(1)(A)(ii) is amended by striking ‘‘2013’’ serting ‘‘December 31, 2012’’, ‘‘(3) Amounts equivalent to the reduction and inserting ‘‘2014’’. (b) SPECIAL RULE FOR INCOME DERIVED IN in spending attributable to the amendment (d) ELECTION.—Section 179(c)(2) is amended THE ACTIVE CONDUCT OF BANKING, FINANCING, made by section 53003 of the Moving Ahead by striking ‘‘2013’’ and inserting ‘‘2014’’. OR SIMILAR BUSINESSES.—Paragraph (9) of for Progress in the 21st Century Act. (e) SPECIAL RULES FOR TREATMENT OF section 954(h) is amended by striking ‘‘Janu- ‘‘(c) The Secretary of the Treasury shall QUALIFIED REAL PROPERTY.—Section 179(f)(1) ary 1, 2012’’ and inserting ‘‘January 1, 2013’’. use the moneys in the Trust Fund solely to is amended by striking ‘‘2010 or 2011’’ and in- pay at maturity, or to redeem or buy before (c) EFFECTIVE DATE.—The amendments serting ‘‘2010, 2011, or 2012’’. maturity, an obligation of the Government made by this section shall apply to taxable (f) EFFECTIVE DATE.—The amendments included in the public debt. made by this section shall apply to taxable years of foreign corporations beginning after ‘‘(d) Any obligation of the Government years beginning after December 31, 2011. December 31, 2011, and to taxable years of which is paid, redeemed, or bought with United States shareholders with or within SEC. 52116. EXTENSION OF ELECTION TO EX- money from the Trust Fund shall be can- PENSE MINE SAFETY EQUIPMENT. which any such taxable year of such foreign celed and retired and may not be reissued.’’. (a) IN GENERAL.—Subsection (g) of section corporation ends. (b) CONFORMING AMENDMENT.—The table of 179E is amended by striking ‘‘December 31, SEC. 52122. EXTENSION OF LOOK-THRU TREAT- sections for subchapter I of chapter 31 of 2011’’ and inserting ‘‘December 31, 2012’’. MENT OF PAYMENTS BETWEEN RE- title 31, United States Code, is amended by (b) EFFECTIVE DATE.—The amendment LATED CONTROLLED FOREIGN COR- adding at the end the following new item: made by this section shall apply to property PORATIONS UNDER FOREIGN PER- ‘‘3114. Trust fund to reduce public debt.’’. SONAL HOLDING COMPANY RULES. placed in service after December 31, 2011. SEC. 53002. SOCIAL SECURITY NUMBER RE- SEC. 52117. EXTENSION OF EXPENSING OF (a) IN GENERAL.—Subparagraph (C) of sec- QUIRED TO CLAIM THE REFUND- BROWNFIELDS ENVIRONMENTAL RE- tion 954(c)(6) is amended by striking ‘‘Janu- ABLE PORTION OF THE CHILD TAX MEDIATION COSTS. ary 1, 2012’’ and inserting ‘‘January 1, 2013’’. CREDIT. (a) IN GENERAL.—Subsection (h) of section (a) IN GENERAL.—Subsection (d) of section (b) EFFECTIVE DATE.—The amendment 198 is amended by striking ‘‘December 31, 24 of the Internal Revenue Code of 1986 is 2011’’ and inserting ‘‘December 31, 2012’’. made by this section shall apply to taxable years of foreign corporations beginning after amended by adding at the end the following (b) EFFECTIVE DATE.—The amendment new paragraph: made by this section shall apply to expendi- December 31, 2011, and to taxable years of United States shareholders with or within ‘‘(5) IDENTIFICATION REQUIREMENT WITH RE- tures paid or incurred after December 31, SPECT TO TAXPAYER.— 2011. which any such taxable year of such foreign corporation ends. ‘‘(A) IN GENERAL.—Paragraph (1) shall not SEC. 52118. EXTENSION OF MODIFICATION OF apply to any taxpayer for any taxable year TAX TREATMENT OF CERTAIN PAY- SEC. 52123. EXTENSION OF 100 PERCENT EXCLU- unless the taxpayer includes the taxpayer’s MENTS TO CONTROLLING EXEMPT SION FOR QUALIFIED SMALL BUSI- ORGANIZATIONS. Social Security number on the return of tax NESS STOCK. for such taxable year. (a) IN GENERAL.—Clause (iv) of section (a) IN GENERAL.—Paragraph (4) of section 512(b)(13)(E) is amended by striking ‘‘Decem- ‘‘(B) JOINT RETURNS.—In the case of a joint 1202(a) is amended— ber 31, 2011’’ and inserting ‘‘December 31, return, the requirement of subparagraph (A) (1) by striking ‘‘January 1, 2012’’ and in- 2012’’. shall be treated as met if the Social Security (b) EFFECTIVE DATE.—The amendment serting ‘‘January 1, 2013’’, and number of either spouse is included on such made by this section shall apply to payments (2) by striking ‘‘2010 AND 2011’’ in the heading return.’’. received or accrued after December 31, 2011. and inserting ‘‘2010, 2011, AND 2012’’. (b) OMISSION TREATED AS MATHEMATICAL OR CLERICAL ERROR.—Subparagraph (I) of sec- SEC. 52119. EXTENSION OF TREATMENT OF CER- (b) EFFECTIVE DATE.—The amendments TAIN DIVIDENDS OF REGULATED IN- made by this section shall apply to stock ac- tion 6213(g)(2) of the Internal Revenue Code VESTMENT COMPANIES. quired after December 31, 2011. of 1986 is amended to read as follows: (a) IN GENERAL.—Paragraphs (1)(C) and ‘‘(I) an omission of a correct Social Secu- SEC. 52124. EXTENSION OF BASIS ADJUSTMENT (2)(C) of section 871(k) are each amended by rity number required under section 24(d)(5) TO STOCK OF S CORPS MAKING (relating to refundable portion of child tax striking ‘‘December 31, 2011’’ and inserting CHARITABLE CONTRIBUTIONS OF ‘‘December 31, 2012’’. PROPERTY. credit), or a correct TIN under section 24(e) (b) EFFECTIVE DATE.—The amendments (relating to child tax credit), to be included made by this section shall apply to taxable (a) IN GENERAL.—Paragraph (2) of section on a return,’’. years beginning after December 31, 2011. 1367(a) is amended by striking ‘‘December 31, (c) CONFORMING AMENDMENT.—Subsection 2011’’ and inserting ‘‘December 31, 2012’’. SEC. 52120. EXTENSION OF RIC QUALIFIED IN- (e) of section 24 of the Internal Revenue Code VESTMENT ENTITY TREATMENT (b) EFFECTIVE DATE.—The amendment of 1986 is amended by inserting ‘‘WITH RE- UNDER FIRPTA. made by this section shall apply to contribu- SPECT TO QUALIFYING CHILDREN’’ after ‘‘IDEN- (a) IN GENERAL.—Clause (ii) of section tions made in taxable years beginning after TIFICATION REQUIREMENT’’ in the heading 897(h)(4)(A) is amended by striking ‘‘Decem- December 31, 2011. thereof.

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(d) EFFECTIVE DATE.—The amendments ‘‘(ii) for the revised nonsecurity category, that the operation poses an unreasonable made by this section shall apply to taxable $562,000,000,000 in budget authority. safety risk based on an analysis of engineer- years beginning after the date of the enact- ‘‘(H) For fiscal year 2020— ing data, safety data, or other applicable ment of this Act. ‘‘(i) for the revised security category, data. SEC. 53003. EXTENSION OF PAY LIMITATION FOR $630,000,000,000 in budget authority; and ‘‘(D) DURATION.—The Secretary may au- FEDERAL EMPLOYEES. ‘‘(ii) for the revised nonsecurity category, thorize a State to participate in the pilot (a) EXTENSION.— $574,000,000,000 in budget authority. program under this paragraph for a period (1) IN GENERAL.—Section 147 of the Con- ‘‘(I) For fiscal year 2021— not to exceed 4 years.’’. tinuing Appropriations Act, 2011 (Public Law ‘‘(i) for the revised security category, 111–242; 5 U.S.C. 5303 note) is amended— $644,000,000,000 in budget authority; and SA 1829. Mr. JOHANNS submitted an (A) in subsection (b)(1), by striking ‘‘De- ‘‘(ii) for the revised nonsecurity category, amendment intended to be proposed by cember 31, 2012’’ and inserting ‘‘December 31, $586,000,000,000 in budget authority.’’. him to the bill S. 1813, to reauthorize 2013’’; and Federal-aid highway and highway safe- (B) in subsection (c), by striking ‘‘Decem- SA 1827. Ms. MURKOWSKI submitted an amendment intended to be proposed ty construction programs, and for ber 31, 2012’’ and inserting ‘‘December 31, other purposes; which was ordered to 2013’’. by her to the bill S. 1813, to reauthorize lie on the table; as follows: (2) APPLICATION TO LEGISLATIVE BRANCH.— Federal-aid highway and highway safe- (A) MEMBERS OF CONGRESS.—The extension ty construction programs, and for At the appropriate place, insert the fol- of the pay limit for Federal employees other purposes; which was ordered to lowing: through December 31, 2013, as established lie on the table; as follows: SEC. lll. EXCEPTION TO GENERAL PROPERTY- pursuant to the amendments made by para- CARRYING UNIT LIMITATION. At the end of division B, add the following: graph (1), shall apply to Members of Congress Section 31112(d)(4) of title 49, United States in accordance with section 601(a) of the Leg- SEC. ll. ATTRIBUTION OF FIXED GUIDEWAY VE- Code, is amended to read as follows: HICLE REVENUE MILES AND FIXED ‘‘(4) Subject to an appropriate permit from islative Reorganization Act of 1946 (2 U.S.C. GUIDEWAY DIRECTIONAL ROUTE 31). MILES. each State in which they will be operated, (B) OTHER LEGISLATIVE BRANCH EMPLOY- (a) DEFINITION.—In this section the term property-carrying units that were not in ac- EES.— ‘‘covered miles of a recipient’’ means the tual operation on June 1, 1991, may be oper- (i) LIMIT IN PAY.—Notwithstanding any fixed guideway vehicle revenue miles or fixed ated within 1 or more adjacent States to other provision of law, no cost of living ad- guideway directional route miles in the pub- transport sugar beets from the field where justment required by statute with respect to lic transportation system for which the re- such sugar beets are harvested to storage, a legislative branch employee which (but for cipient receives funds. market, factory, or stockpile or from stock- this clause) would otherwise take effect dur- (b) ATTRIBUTION.—For purposes of section pile to storage, market, or factory if such ve- ing the period beginning on the date of en- 5336(b)(2)(A) and section 5337(c)(3) of title 49, hicles— actment of this Act and ending on December United States Code, as amended by this Act, ‘‘(A) are not more than 25 percent longer or 31, 2013, shall be made. the Secretary shall deem to be attributable 15 percent heavier than the maximum length (ii) DEFINITION.—In this subparagraph, the to an urbanized area not less than 50 percent and weight, respectively, otherwise per- term ‘‘legislative branch employee’’ means— of the covered miles of a recipient that are mitted for similar property-carrying units; (I) an employee of the Federal Government located outside the urbanized area for which ‘‘(B) are operated not more than 200 days whose pay is disbursed by the Secretary of the recipient receives funds, in addition to per year; and the Senate or the Chief Administrative Offi- the covered miles of the recipient that are ‘‘(C) are operated within a range of not cer of the House of Representatives; and located inside the urbanized area. more than 90 aeronautical miles.’’. (II) an employee of any office of the legis- lative branch who is not described in sub- SA 1828. Ms. KLOBUCHAR submitted f clause (I). an amendment intended to be proposed (b) REDUCTION OF REVISED DISCRETIONARY AUTHORITY FOR COMMITTEES TO by her to the bill S. 1813, to reauthorize MEET SPENDING LIMITS TO ACHIEVE SAVINGS FROM Federal-aid highway and highway safe- FEDERAL EMPLOYEE PROVISIONS.—Paragraph ty construction programs, and for COMMITTEE ON ARMED SERVICES (2) of section 251A of the Balanced Budget Mrs. SHAHEEN. Mr. President, I ask and Emergency Deficit Control Act of 1985 is other purposes; which was ordered to amended to read as follows: lie on the table; as follows: unanimous consent that the Com- ‘‘(2) REVISED DISCRETIONARY SPENDING LIM- On page 469, after line 22, add the fol- mittee on Armed Services be author- ITS.—The discretionary spending limits for lowing: ized to meet during the session of the fiscal years 2013 through 2021 under section SEC. 1521. TRUCKING WEIGHT LIMITATIONS. Senate on March 8, 2012, at 9:30 a.m. 251(c) shall be replaced with the following: Section 127(a) of title 23, United States The PRESIDING OFFICER. Without ‘‘(A) For fiscal year 2013— Code, is amended by adding at the end the objection, it is so ordered. ‘‘(i) for the revised security category, following: COMMITTEE ON BANKING, HOUSING, AND URBAN $546,000,000,000 in budget authority; and ‘‘(13) HEAVY TRUCK PILOT PROGRAM.— AFFAIRS ‘‘(ii) for the revised nonsecurity category, ‘‘(A) IN GENERAL.—The Secretary may $499,000,000,000 in budget authority. carry out a pilot program under which the Mrs. SHAHEEN. Mr. President, I ask ‘‘(B) For fiscal year 2014— Secretary may authorize up to 3 States to unanimous consent that the Com- ‘‘(i) for the revised security category, allow, by special permit, the operation of ve- mittee on Banking, Housing, and $556,000,000,000 in budget authority; and hicles with a gross vehicle weight of up to Urban Affairs be authorized to meet ‘‘(ii) for the revised nonsecurity category, 126,000 pounds on segments on the Interstate during the session of the Senate on $507,000,000,000 in budget authority. System in the State. March 8, 2012, at 10 a.m., to conduct a ‘‘(C) For fiscal year 2015— ‘‘(B) REQUIREMENTS.—A State authorized hearing entitled ‘‘Addressing the Hous- ‘‘(i) for the revised security category, under the pilot program under subparagraph $566,000,000,000 in budget authority; and (A) shall— ing Crisis in Indian Country: ‘‘(ii) for the revised nonsecurity category, ‘‘(i) identify, and submit to the Secretary Leveraging Resources and Coordi- $517,000,000,000 in budget authority. for approval— nating Efforts.’’ ‘‘(D) For fiscal year 2016— ‘‘(I) the segments on the Interstate System The PRESIDING OFFICER. Without ‘‘(i) for the revised security category, that will be subject to the pilot program; and objection, it is so ordered. $577,000,000,000 in budget authority; and ‘‘(II) the configurations of vehicles to be COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘(ii) for the revised nonsecurity category, allowed to operate under a special permit; AND PENSIONS $527,000,000,000 in budget authority. ‘‘(ii) allow vehicles subject to the program ‘‘(E) For fiscal year 2017— to operate on not more than 3 segments, Mrs. SHAHEEN. Mr. President, I ask ‘‘(i) for the revised security category, which may be contiguous, of up to 25 miles unanimous consent that the Com- $590,000,000,000 in budget authority; and each; mittee on Health, Education, Labor, ‘‘(ii) for the revised nonsecurity category, ‘‘(iii) require the loads of vehicles oper- and Pensions be authorized to meet $538,000,000,000 in budget authority. ating under a special permit to conform to during the session of the Senate, to ‘‘(F) For fiscal year 2018— such single axle, tandem axle, tridem axle, conduct a hearing entitled ‘‘The Key to ‘‘(i) for the revised security category, and bridge formula limits applicable in the America’s Global Competitiveness: A $603,000,000,000 in budget authority; and State; and Quality Educaiton’’ on March 8, 2012, at ‘‘(ii) for the revised nonsecurity category, ‘‘(iv) establish and collect a fee for vehicles $550,000,000,000 in budget authority. operating under a special permit. 10 a.m., in room 430 of the Dirksen Sen- ‘‘(G) For fiscal year 2019— ‘‘(C) PROHIBITIONS.—The Secretary may ate Office Building. ‘‘(i) for the revised security category, prohibit the operation of a vehicle under a The PRESIDING OFFICER. Without $616,000,000,000 in budget authority; and special permit if the Secretary determines objection, it is so ordered.

VerDate Mar 15 2010 03:11 Mar 09, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MR6.051 S08MRPT1 jbell on DSK7SPTVN1PROD with SENATE March 8, 2012 CONGRESSIONAL RECORD — SENATE S1557 COMMITTEE ON INDIAN AFFAIRS The legislative clerk read as follows: Russ Chaney, a United States citizen: Now, Mrs. SHAHEEN. Mr. President, I ask A resolution (S. Res. 393) designating therefore, be it unanimous consent that the Com- March 11, 2012, as ‘‘World Plumbing Day.’’ Resolved, That the Senate designates March 11, 2012, as ‘‘World Plumbing Day’’. mittee on Indian Affairs be authorized There being no objection, the Senate to meet during the session of the Sen- proceeded to consider the resolution. f ate on March 8, 2012, at 2:15 p.m. in Mr. REID. I ask unanimous consent room 628 of the Dirksen Senate Office ORDERS FOR MONDAY, MARCH 12, the resolution be agreed to, the pre- 2012 Building. amble be agreed to, and the motions to The PRESIDING OFFICER. Without reconsider be laid upon the table, with Mr. REID. Mr. President, I ask unan- objection, it is so ordered. no intervening action or debate, and imous consent that when the Senate COMMITTEE ON THE JUDICIARY any statements be printed in the completes its business today, it ad- Mrs. SHAHEEN. Mr. President, I ask RECORD. journ until Monday, March 12, at 2 unanimous consent that the Com- The PRESIDING OFFICER. Without p.m.; that following the prayer and mittee on the Judiciary be authorized objection, it is so ordered. pledge, the Journal of proceedings be to meet during the session of the Sen- The resolution (S. Res. 393) was approved to date, the morning hour be ate on March 8, 2012, at 10 a.m., in SD– agreed to. deemed expired, and the time for the 226 of the Dirksen Senate Office Build- The preamble was agreed to. two leaders be reserved for their use ing, to conduct an executive business The resolution, with its preamble, later in the day; that following any meeting. reads as follows: leader remarks, the Senate proceed to a period of morning business until 4 The PRESIDING OFFICER. Without S. RES. 393 p.m., with Senators permitted to speak objection, it is so ordered. Whereas the industry of plumbing plays an therein for up to 10 minutes each; that SELECT COMMITTEE ON INTELLIGENCE important role in safeguarding the public following morning business, the Senate Mrs. SHAHEEN. Mr. President, I ask health of the people of the United States and resume consideration of S. 1813, the unanimous consent that the Select the world; Whereas 884,000,000 people around the world surface transportation bill. Committee on Intelligence be author- do not have access to safe drinking water; The PRESIDING OFFICER. Without ized to meet during the session of the Whereas 2,600,000,000 people around the objection, it is so ordered. Senate on March 8, 2012, at 2:30 p.m. world live without adequate sanitation fa- The PRESIDING OFFICER. Without cilities; f objection, it is so ordered. Whereas the lack of sanitation is the larg- est cause of infection in the world; PROGRAM f Whereas in the developing world, 24,000 Mr. REID. Mr. President, as I indi- PRIVILEGE OF THE FLOOR children under the age of 5 die every day cated, following morning business the from preventable causes, such as diarrhea Mrs. MURRAY. Mr. President, I ask Senate will resume consideration of contracted from unclean water; the surface transportation bill. As pre- unanimous consent that David Bonelli, Whereas safe and efficient plumbing helps a detailee to the Commerce, Science, save money and reduces future water supply viously announced, there will be no and Transportation Committee from costs and infrastructure costs; rollcall votes on Monday. Senators the National Highway Traffic Safety Whereas the installation of modern plumb- should expect several votes Tuesday Administration, be given floor privi- ing systems must be accomplished in a spe- morning, going into the afternoon or leges for the duration of the consider- cific, safe manner by trained professionals in evening, to complete action on that ation of S. 1813. order to prevent widespread disease, which bill. can be crippling and deadly to the commu- The ACTING PRESIDENT pro tem- nity; f pore. Without objection, it is so or- Whereas the people of the United States dered. rely on plumbing professionals to maintain, ADJOURNMENT UNTIL MONDAY, MARCH 12, 2012, AT 2 P.M. f repair, and rebuild the aging water infra- structure of the United States; Mr. REID. Mr. President, if there is WORLD PLUMBING DAY Whereas Congress and plumbing profes- no further business to come before the Mr. REID. Mr. President, I now ask sionals across the United States and the Senate, I ask that it adjourn under the world are committed to safeguarding public we proceed to S. Res. 393. health; and previous order. The PRESIDING OFFICER. The Whereas the founding organization of There being no objection, the Senate, clerk will report the resolution by World Plumbing Day, the World Plumbing at 5:52 p.m., adjourned until Monday, title. Council, is currently being chaired by GP March 12, 2012, at 2 p.m.

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