[Congressional Record Volume 156, Number 80 (Tuesday, May 25, 2010)]
[Senate]
[Pages S4176-S4206]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2010--
Continued
The PRESIDING OFFICER. The Senator from New Jersey.
Unanimous-Consent Request--S. 3305
Mr. MENENDEZ. Madam President, I rise to talk about the oilspill in
the gulf and the continuing challenges it presents to us. I know some
of my colleagues are going to be joining me in a few moments to talk
about this. I will ask consent for a colloquy. But I am going to make a
few comments about it and then, in recognition of Senator Inhofe's need
to move to another commitment, I will ask unanimous consent at that
time.
I want to make absolutely certain that big oil polluters pay for
oilspills and not the taxpayers--not small business owners, not States
or the Federal Government, which means the Federal taxpayers.
We have seen things get worse on the spill over the weekend.
Unfortunately, things are, frankly, getting much worse than we would
have imagined when we first introduced this legislation. Today the
United States declared a fishing disaster in three gulf States--in
Louisiana, Mississippi, and Alabama. Louisiana's fishing industry alone
is $2.4 billion of seafood and supplies up to 40 percent of all the
U.S. seafood in our country. It is, in my mind, a growing and
continuing environmental and economic disaster.
Tragically, it seems to me, a $10 billion cap--we originally thought,
based upon the Exxon Valdez experience, where there were close to $4
billion in claims 20 years ago, that was a cap that may have been an
appropriate one. But in fact it seems to me the only way to ensure that
oil companies are held accountable for all of their potential damages,
for the proposition that a polluter pays at the end of the day, is to
agree with the administration's statement and to raise from a cap of
$75 million to an unlimited cap. I will be asking that in my unanimous
consent motion in a few minutes.
We heard already the objections to our legislation. We have even
heard some claim that it is ``un-American'' to hold a multibillion
dollar corporation accountable for the very disaster it caused. It
boggles my mind, at least as one Senator, that there are those who
believe that holding BP accountable for the disaster they created in
the gulf is un-American.
This is a chance to show if we stand with big oil companies or with
small businesses, with fisheries, with coastal communities, with
tourism, with hotels--with all of those individuals, fellow Americans
who are being hurt by this disaster. It is an opportunity to say do we
stand with the American taxpayer or with corporate shareholders.
It seems to me the choice is pretty clear. Miles of coastline have
already been affected. Environmentally sensitive wetlands are
increasingly being under threat. We have seen that, despite the fact
that the rig was ``state of the art,'' it obviously was not too safe to
fail.
Now the damage to the environment, to the economy of the gulf, to the
fishermen, to the small businesses, to the Nation is mounting. I hope
my colleagues are ready to act, especially when we have the statements
of BP, that have been reiterated, that they are going to subject
themselves--even though there is a legal cap of $75 million--not for
the cleanup, not for all the efforts that are underway--yes, that
clearly is their responsibility--but a legal cap of $75 million for all
of the liability, for all of those coastal communities and fishermen
and seafood fishermen, shrimp fishermen, and commercial seafood
processing plants, tourism, and a whole host of other elements that may
be affected, that they be limited to $75 million--less than 1 day of
BP's profit. BP was making at the rate of $94 million a day. Seventy-
five million dollars would be less than 1 day of BP's profits.
If they say they are going to be responsible--and any companies
similarly situated should be fully responsible, accountable and subject
to that liability--what is the objection to raising the cap?
I hope everyone in the Chamber will do the right thing to hold big
oil accountable for the damages they caused. Damages are mounting. They
still have not stopped the leak. While BP says they will pay all
``legitimate claims,'' their word is not legally binding. As a matter
of fact, when they were before the Energy Committee, colleagues of mine
asked them, clearly, questions and they began to equivocate as to what
is a legitimate claim.
Today I asked the Assistant Attorney General of the United States,
who was before the Energy Committee, is there a consent agreement
between the government and BP, that holds them--legally binding--to the
proposition that they will be subject to all the liabilities they have
caused? And the answer was no. There is some letter, but even that
letter is rather amorphous.
When I hear they are equivocating before the committee, and when I
see the experience we already had with Exxon--that made all similar
types of statements and then litigated for 20 years--it seems to me
this clearly raises concerns that they will try to find a convenient
loophole, a convenient way out once the public relations nightmare is
over, a way to say no, as many of my colleagues seem to want to say no
and stand on the side of big oil companies and stand in the way of
legislation that would raise the liability
[[Page S4177]]
caps to ensure that big oil polluters pay for the damage they caused.
I see, by example, one company, BP, made nearly $6 billion in
profits--not proceeds, profits--in 3 months of this year; when the top
5 oil companies made nearly $25 billion in profits--not proceeds,
profits--in 3 months, and that somehow we are worried about them even
when they caused the type of potentially enormous consequences that BP
has actually caused in this case, and we are not worried about those
communities, our taxpayers, and our fragile ecosystem. It is a failure
that now threatens the entire gulf coast. It could go all the way to
the Florida Keys.
I appreciate the administration earlier today embraced the idea of
unlimited liability. I commend them for that. I want to make sure BP
ends up committing to pay for this disaster, not by their words but by
a legal obligation to do so, and that is what we can create today.
There should be no legal wiggle room for oil companies that devastate
coastal businesses and communities now or in the future.
In view of that goal, I now ask unanimous consent that the
Environment and Public Works Committee be discharged of S. 3305, the
Big Oil Bailout Prevention Unlimited Liability Act of 2010, that the
Senate proceed to its consideration, that the only amendment in order
be the substitute amendment that is at the desk, that the substitute
amendment be agreed to, the bill, as amended, be read a third time,
passed, and the motion to reconsider be laid upon the table.
Mr. INHOFE. Reserving the right to object.
The PRESIDING OFFICER. Is there an objection?
The Senator from Oklahoma.
Mr. INHOFE. Reserving the right to object, first let me say I agree
with most of what the Senator from New Jersey is saying. He mentioned
the profits of the top five oil companies--Shell, BP, ConocoPhillips,
ExxonMobil, and Chevron. They are the giants.
If we will recall, last week when I objected to the arbitrary figure,
the cap of $10 billion, it was because it was arbitrary. I quoted a lot
of people in the administration saying we do not want to have--it
should not be an arbitrary cap. One of the complaints I had was, if you
do have an arbitrary cap and that was at $10 billion, that would mean
only the big five plus the national oil companies--Venezuela, China,
certainly--would be in a position to do this work offshore.
It is my feeling if you take the $10 billion off and make it totally
unlimited, that could very well shut out even the five and leave
nothing but national oil companies in a position to be doing it.
I believe we should increase the cap. I know there is unanimity in
that notion. We have to do it. The Secretary of Interior said this
about the $10 billion cap:
[I]t is important that we be thoughtful relative to that,
what that cap will be, because you don't want only the BP's
of the world essentially to be the ones that are involved in
these efforts.
I agree with 90 percent of what the Senator says, and with the
Secretary of Interior, what he has said about this--that we need to
determine how high that cap should be. It should be much higher. We
have plenty of time to do that. Let me emphasize there is no cap in
terms of the cleanup damages. We are only talking about economic
damages here. There is no cap on cleanup damages. I think there should
be. At some point we have to arrive at a cap. A lot of people are
working on it. The administration is working on it, the Department of
Interior is working on it, and we are working on it. I think we need to
increase that. For that reason we need to have the time to get that
done, and I do object.
The PRESIDING OFFICER. Is there objection?
Mr. INHOFE. I object.
The PRESIDING OFFICER. Objection is heard.
The Senator from New Jersey.
Mr. MENENDEZ. Madam President, first, I am disappointed because I
appreciate what the distinguished Senator from Oklahoma said, but the
reality is, the administration has been thoughtful. They have thought
about it. Today they announced, as well as was verified by the
Assistant Attorney General at a hearing, that it is their view that in
fact there should be an unlimited cap. So they have not equivocated
about an amount. They have now said it should be an unlimited cap;
unlimited, just as BP has suggested that they are going to accept
unlimited responsibility for the liability they have created as a
result of the spill in the gulf.
I have difficulties understanding, when we begin to talk about
sizes--that if you are smaller but conduct yourself with the same
potential risky consequences that end up polluting the gulf or anyplace
else as it is being polluted right now--that simply because you are
smaller but you take the same risks that you should have less
liability, which means that then all of us as taxpayers--and I know a
lot of people here do not want to see the Federal Government more
involved. They want to see the Federal Government less involved until
they need the Federal Government and then they come clamoring to this
Chamber for money.
It seems to me if these companies--and the Senator only mentioned the
top five, but there are more that have good profits, but certainly the
top five. If they made $25 billion in 3 months, why in God's name
should I give them any of the taxpayers' money when they mess up, when
they pollute?
What Representative of what State is going to come here and say give
us money because, by the way, we were harmed in this way or that way or
the other when in fact they are unwilling to hold the oil companies
responsible--with record profits? It is not acceptable.
If we say if you are not one of the big 5 but we are worried about
the next 10--they may be smaller but some of these entities that get
referred to as independents--you know, there is one that actually owns
a 25-percent stake in the well that is spilling in the gulf. They are
valued at $40 billion. I don't think for the average American that is a
mom-or-pop.
The reality is, regardless of the size, the fundamental public policy
question, if you take an activity that is risky, shouldn't you be
responsible for the consequences of your risky activity or do we shift
the responsibility to the general public and the taxpayer?
It is like what we just went through in the Wall Street debate. So
when they hit it big on the oil well and everything goes well, they
keep the money. But when something goes wrong, the rest of us pay for
the consequences. I do not think the American taxpayers want to see
that. That is not what they have in mind as being responsive to their
interests.
So I know my colleague from New Jersey wanted to enter into a
colloquy with me. I would be happy to yield to him now.
Mr. LAUTENBERG. I thank my friend and colleague from New Jersey. When
we hear the objection, as we have heard it, we have now three times
offered legislation to lift the $75 million liability cap for oil
companies, and I have to shake my head as I hear what is being said.
The land that is drilled on is Federal land. It is land that everybody
owns. It is our land. It is not their land. If you come into my yard
and destroy my house, you pay for it because it is not the person who
did the damage who owns it.
It is shocking when I hear things such as ``arbitrary test''--
arbitrary. Whatever damage is caused ought to be paid for, very simply.
So we on this side, our side of the aisle, are united that we need to
do away with this cap. The liability is extensive. It ought to be paid
for, especially by people who can afford to pay.
When you think about it, these companies have to be reminded they are
not selling lawnmowers; they are extracting oil from our property. They
are making billions and billions of dollars on it, almost shamefully. I
look at it and I remember that one time there was an excess profits tax
in America. It was during World War II. It said companies that profited
as a result of the war, as a result of the crisis, had to pay an extra
tax on the profits they made. That is what we ought to be doing now.
These profits they make and the damage they create are an
unconscionable twosome.
So those on the other side object each time we try to do something
that enables our country, the people, to recover the damage that was
put upon
[[Page S4178]]
them by either careless or reckless behavior by three companies united:
BP, Transocean, Halliburton.
So there is no doubt about it. Shamelessly, they want to stick with
big oil while people across the country suffer from either damage or
costs that are moved over to them. Evidence continues to mount that big
oil cannot be trusted. BP's CEO said this spill is not very serious, a
very tiny amount, and the environmental impact would be very modest. He
said it publicly.
Well, they want to downplay the damage, but they cannot hold it. They
cannot make the public believe, they cannot make those who are
responsible for the measurement believe it. They do not want to pay the
full cost even though they are responsible for the full damage.
Transocean--it is amazing--tried to go to court citing an 1851
maritime law to limit their liability. At the same time, we face
billions in monetary damages, far more than the Exxon Valdez spill, and
damage to industry is growing as tourism suffers. Twenty-two percent of
gulf fisheries have been closed. Those responsible for messing it up
must be responsible fully for cleaning up--just like families do, just
like neighborhoods do, just like communities do.
With billions and billions of profits, we know big oil can afford to
bail itself out, and they ought to pay for it, period. So we are
standing here once again asking our Republican colleagues a simple
question: Whose side are you on? I think it is pretty evident. They are
on the side of big oil while we stand up for ordinary Americans trying
to eke out a living in these very difficult times.
I hope there will be a reconsideration, and they will agree those who
do the damage ought to pay for the damage they created.
Mr. MENENDEZ. Reclaiming my time.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. MENENDEZ. I appreciate my distinguished colleague from New Jersey
who has been a stalwart on this issue, as well as in the past, on the
whole question of the environment. The Senator is a member of the
Environment and Public Works Committee. I appreciate his comments.
I know the Senator from Florida wanted to join us in a colloquy, as
well as the Senator from Illinois. So let me ask unanimous consent to
continue the colloquy with first Senator Nelson, then Senator Durbin,
and then I will yield the floor.
The PRESIDING OFFICER. Is there objection?
Mr. VITTER. I object.
Mr. MENENDEZ. I still have the floor?
The PRESIDING OFFICER. The Senator from New Jersey has the floor.
Mr. MENENDEZ. Let me ask the Chair if, as I have the floor, if I
yield to a colleague for a question, is that not permissible?
The PRESIDING OFFICER. It is permissible to yield for a question.
Mr. MENENDEZ. I would be happy to yield to my colleague from Florida
for a question.
Mr. NELSON of Florida. If I may ask the Senator from New Jersey a
question, can the Senator believe once we got up the live feed, 5,000
feet below the surface of the Gulf of Mexico, that once experts,
specialists, professors, were able to see what, in fact, had been told
to us was only 1,000 barrels a day, was revised to 5,000; that many
experts in the country revised upwards, that it may be up as much as
ten times as much as 5,000 barrels a day?
Would the Senator acknowledge that those statements have been made?
Mr. MENENDEZ. I not only acknowledge that those statements have been
made, but I know the Senator and others, including myself, have raised
the fact that BP's credibility in this respect is not credible. In
fact, scientists have gone into the gulf and made the determination
that at the rate that spill is taking place, it is far beyond what BP
told us. As a matter of fact, we have an interest in this regard not
only, of course, because of the environmental consequences but also
because of the royalties we should be claiming on all of that oil that
is being let out.
So the Senator is correct. This is one of the issues we are facing.
Mr. NELSON of Florida. If the Senator would yield for a further
question.
The PRESIDING OFFICER. The Senator from Florida.
Mr. NELSON of Florida. Madam President, my question additionally to
the Senator from New Jersey would be, given the fact of the pictures we
now see of the devastation occurring in some of the marshlands in
Louisiana, along with the shots of the few beaches that are now covered
and the effect upon the wildlife, as well as the marine life--would the
Senator say there is a great deal of concern among people all along the
gulf coast, as well as the eastern seaboard of the United States, of
what possibilities there are if there is that much oil in the gulf and
what that could do to the economies of these coastal communities?
Mr. MENENDEZ. Well, I appreciate the Senator's question. The Senator
himself has at various times informed this body of something that he
has referred to as the loop current, which is, in essence, a natural
current that could very well take the oilspill from the region of the
gulf and move it along the Senator's State in Florida and beyond.
This is an enormous concern. Already, as I said earlier, the U.S.
Government has banned fishing products from three States, and the
consequences of that just in one dimension in terms of the seafood that
part of the country generates for us domestically, both in terms of the
billions of dollars as well as the consumption of seafood is now one
that has been barred by the U.S. Government.
So we are increasingly seeing the consequences of this damage. There
is real concern this could move in a direction that would be
consequential to other States as well.
Mr. NELSON of Florida. One final question, Madam President, if I
may----
The PRESIDING OFFICER. The Senator from Florida.
Mr. NELSON of Florida. To the Senator from New Jersey.
Can the Senator from New Jersey believe the fact that we hear people
being apologist for BP? It is clear we hope and pray this ``kill'' of
the well that is going to be attempted in the morning is going to be
successful. But on all the safety devices that did not work--and why
was the well not attempted to be killed 5 weeks ago? Yet would the
Senator believe there are people out there who are actually being an
apologist for BP with the threat to the economy of the Southeastern
United States as it is now?
Mr. MENENDEZ. Well, I appreciate the Senator's question and his
concern. I think it is the concern of many. The reality is, I have
heard comments that to hold BP accountable is un-American. Well, I
think it is un-American to allow BP to go ahead, pollute the natural
resources of the United States and not be held accountable in an
unlimited fashion, which is the administration's position because they
have created enormous consequences which we have yet to fully
understand--we have yet to fully understand.
I know the Senator from Illinois was just on a trip to the gulf.
Mr. DURBIN. If the Senator would yield for a question.
Mr. MENENDEZ. I would be happy to yield for a question.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. DURBIN. I would like to ask a question of the Senator from New
Jersey through the Chair. I know the Senator from New Jersey has been a
leader on the whole question of liability and the damages that should
be paid by BP for what they have done as a result of this Deepwater
Horizon rig blowing up, 11 innocent people killed. We should always
remember that as the first casualty and now the ongoing damage.
I would ask the Senator from New Jersey, having just gone to the Gulf
of Mexico yesterday with five of our Senate colleagues on a bipartisan
trip--the Secretary of the Interior, Ken Salazar; Secretary of Homeland
Security, Janet Napolitano--is it not true that in the first 3 months
of this year, British Petroleum reported profits of $5\1/2\ billion, up
135 percent over the first quarter of last year?
Mr. MENENDEZ. Yes. British Petroleum made about $5.6 billion in the
first 3 months in profits--not proceeds, profits. Right now the
liability cap that exists under the law is $75 million, 1 day of BP's
profits, based on the first quarter's $94 million. So it is less than 1
day's profit.
Mr. DURBIN. If I can ask another question through the chair of the
Senator from New Jersey.
[[Page S4179]]
The PRESIDING OFFICER. The Senator from Illinois.
Mr. DURBIN. Yesterday, during the course of this visit to Louisiana,
there was a very compelling moment when we met with those oystermen and
fishermen and shrimpers and charter boat proprietors who were directly
affected by the BP oilspill.
I would like to ask the Senator from New Jersey if he would comment
or reflect on the following: There are approximately 20,000 shrimpers,
crab and oyster fishermen in Louisiana alone. If the $75 million in
damages were dedicated only to those seafood industry workers in that
one State, it would equate to roughly $3,500 per person.
I would like to ask the Senator from New Jersey, can there be any
justice in that outcome; that BP would be limited in the amount they
would pay out, the $75 million, when we look at the fact that there are
those in similar professions in Alabama, in Mississippi, in Florida,
and other States who are not even included in this calculation, if such
a small amount was all that was paid to those who have clearly been
directly damaged by this spill?
Mr. MENENDEZ. Well, the Senator's question is well put. Justice could
not be achieved under the present cap. As a matter of fact, as I said
earlier, today the United States declared a fishing disaster in three
Gulf States: Louisiana, Mississippi, and Alabama. Louisiana itself has
a $2.4 billion seafood industry, and it supplies up to 40 percent of
all of the U.S. seafood.
Clearly, just that figure alone gives us a sense that all of those
individuals and communities and entities would not receive justice.
Mr. DURBIN. My last question to the Senator from New Jersey: How much
should the taxpayers of America pay for the negligence and wrongdoing
of British Petroleum, this multibillion-dollar corporation?
Mr. MENENDEZ. Absolutely nothing. The only way to ensure the U.S.
taxpayer pays absolutely nothing, not just for the cleanup but in terms
of consequences to communities that would exceed the liability cap that
exists right now under the law and for which BP has made statements but
no commitment, such as a consent agreement, which would be binding upon
BP--the taxpayers should pay absolutely nothing--the way to do that is
to raise it to an unlimited cap.
I yield the floor.
Mr. McCAIN. I have a parliamentary inquiry.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. McCAIN. What is the parliamentary situation at the moment?
The PRESIDING OFFICER. The pending question is the Wyden amendment
No. 4183.
Mr. McCAIN. I understand the Senator from Louisiana wants to speak
and then the Senator from Wisconsin. I ask unanimous consent that
following the Senator from Louisiana, following the Senator from
Wisconsin, that I be put in line to speak for purposes of offering an
amendment.
Mr. LAUTENBERG. Reserving the right to object, Madam President, I ask
my colleague from New Jersey, was the floor relinquished?
The PRESIDING OFFICER. The Senator from New Jersey relinquished the
floor.
Is there objection to the unanimous-consent request of the Senator
from Arizona?
Mr. CORNYN. Reserving the right to object, I would propound a slight
modification and ask to be recognized for purposes of offering an
amendment following the Senator from Arizona.
The PRESIDING OFFICER. Is there objection to the modification?
Mr. MENENDEZ. Reserving the right to object, I do not believe I will
object, if there is a unanimous-consent request pending, any of the
Members who are going to speak in the following order, as the Senator
from Arizona suggested, it would be appropriate then to be recognized
to object, would it not?
The PRESIDING OFFICER. Could the Senator restate his question?
Mr. MENENDEZ. The Senator has propounded a series of Members to speak
or offer amendments. If one of those Members offers a unanimous-consent
request during their presentation, then there would be an opportunity
to object notwithstanding the unanimous-consent request before us?
The PRESIDING OFFICER. The Senator is correct.
Mr. DURBIN. Reserving the right to object, I want to clarify, Senator
Inouye just left the floor and said he would return shortly. Before we
set aside any pending amendment, I would like to have his assent to
that happening. If the Senator from Arizona would like to ask for
recognition and each of the Members to speak to their amendments, I
have no objection. But if that includes setting aside the pending
amendment and filing a new amendment, I would like to have Senator
Inouye on the floor before that decision is made.
Mr. McCAIN. I amend my unanimous-consent request that the Senator
from Louisiana, followed by the Senator from Wisconsin, followed by me,
followed by the Senator from Texas, all to speak, and if the Senator
from Hawaii agrees, for purposes of proposing amendments which requires
setting aside the pending amendment.
The PRESIDING OFFICER. Is there objection?
Mr. DURBIN. Reserving the right to object, they would be speaking for
debate only until Senator Inouye returns on the question of offering
amendments. Will the Senator accept that language?
Mr. FEINGOLD. Reserving the right to object, if the Senator from
Hawaii consents to having the pending business set aside so that one of
the speakers can offer an amendment, I assume that would be acceptable.
Mr. DURBIN. Absolutely.
Mr. FEINGOLD. Then I have no objection.
The PRESIDING OFFICER. Is there objection to the request of the
Senator from Arizona?
Without objection, it is so ordered.
The Senator from Louisiana.
Unanimous-Consent Request--S. 3410
Mr. VITTER. Madam President, I am overjoyed that I have been let into
this discussion considering that heavy oil is now getting into
Louisiana marshland and is impacting my State and the State of Senator
Landrieu more than any other in the country. It is an ongoing crisis. I
would like to spend a few minutes to get us out of Washington politics
and back into focus on that real and ongoing crisis. Those fishermen
from south Louisiana Senator Durbin talked about, that is what they are
focused on, that is what they are dealing with. Their way of life and
their livelihood is absolutely threatened. That is what I would like us
to focus on and deal with in a constructive way.
I agree with Senator Menendez and Senator Lautenberg and others that
the liability cap for economic damages which was set decades ago is way
outdated. I have offered a permanent change to that to go into the
future. In fact, my bill would set a cap for BP in this instance of $20
billion because it is based on the last four quarters of the
responsible party's profits. For this instance, that is double the
liability cap of the Menendez original bill.
Talking about UCing a permanent change of the law is, quite frankly,
politics. That isn't going to pass the Senate by unanimous consent. I
would like my version to pass by unanimous consent. I think it is a
better approach, with all due respect, than the approach of the Senator
from New Jersey. It would double the cap on BP than his original
version would. But that is going to get objected to as well.
In light of that, I have what I think is a constructive alternative
which is to propose something to address this ongoing crisis. Oil is
still flowing in the gulf, more and more heavy oil getting beyond the
Louisiana barrier islands, infiltrating the Louisiana marsh. How about
trying to deal with this ongoing crisis that the people of Louisiana
face?
With that in mind, I have introduced a liability proposal that is at
the desk, that has been introduced, that could and should garner
unanimous consent support. Let me outline what it is.
Several of the speakers--Senators Durbin, Lautenberg, and others--
alleged that somehow there are folks in this Chamber who are being
shrills for BP, who are defending BP. Personally, I didn't hear that.
Certainly, that is not me. I represent the State of Louisiana, and we
are dealing with this ongoing crisis and disaster much more than any
other State in the Union. But let's attack this directly and try to
address--and I think we could and should
[[Page S4180]]
be able to do it by unanimous consent--this particular event.
My bill, S. 3410, does that. My bill mandates that the cap on
economic damages for BP for this event be lifted and that there be no
cap. BP has said publicly that not once, not twice, but on numerous
occasions, and has even put it in writing that they will disregard any
cap. My bill would say: Fine, that is a contract offer, and we are
going to accept it. That will be binding under legislation, under the
law. Under S. 3410, we would remove any cap on BP for this incident.
In addition, the other half of this bill establishes an expedited
claims process because in this ongoing crisis in Louisiana, where
people continue to hurt because of this ongoing spill, ongoing flow,
they not only need their claim eventually paid in full, they need it to
begin to be paid immediately. In this bill we establish an
administrator to quickly and fairly resolve claims for economic
damages. We establish an office of deepwater claims compensation to
expedite that consideration. We set up offices within the gulf region
to allow that claimant assistance, to advise people how to properly
file their claim and expedite getting a claim. The other half of the
bill, besides lifting the liability cap for economic damages on BP for
this incident, expedites that claim process.
With that in mind, in the spirit of actually trying to act with
regard to this ongoing crisis in the gulf that certainly affects my
State, I ask unanimous consent that the Senate proceed to the immediate
consideration of S. 3410, my acceptance of liability and expedited
claims bill; that the bill be read a third time and passed and that the
motion to reconsider be laid upon the table.
Ms. MURKOWSKI. Will the Senator yield for a question before the
ruling is made?
Mr. VITTER. Certainly.
Ms. MURKOWSKI. I wanted to tell the Senator from Louisiana, because
we had an opportunity yesterday when we went to his home State,
traveled there with the Secretary of the Interior and the Secretary of
Homeland Security, we saw the spill from the air. We were at Port
Fourchon. We heard the testimony from fishermen. We heard the testimony
from those who are in the charter business. We heard testimony from the
oystermen. We heard from parish mayors and heard their concerns about
what will happen to them, their futures, their economic futures and
that of their families. The concerns that were raised, of course, were
that they be fully and fairly compensated.
Is it the Senator's intention, then, that the statements that have
been made by the executives from British Petroleum, the sworn
testimonies we have had in the Energy Committee, and I know they have
testified in other committees, that the commitments from British
Petroleum would be codified as waivers of the liability caps which the
Senators from New Jersey have talked about? Is it correct, then, that
it is the intention of the Senator from Louisiana that these
commitments would then be made enforceable under law so that the heart
of this debate is understandably about not whether BP will pay but how
long it will take for the victims to be compensated?
Mr. VITTER. That is absolutely my intention. That is what this bill
would do. Several Senators on the other side correctly pointed out that
we should not depend on the goodwill of BP. So let's not depend on the
goodwill of BP. Let's fix it here. Let's fix it now. BP has made this
offer. They have even put it in writing. My bill would direct the
Secretary of the Interior to accept that offer and codify this in the
law so that with regard to BP and with regard to this ongoing crisis,
there is no cap on economic damages.
The second half of the bill would set up an expedited claims process
to ensure that the folks hurting on the ground in Louisiana and perhaps
eventually elsewhere are helped in a timely way.
Ms. MURKOWSKI. If I may follow up with the Senator from Louisiana on
the expedited claims process, this is something we heard yesterday, the
concerns from those saying they don't believe the claims process is
transparent, is efficient, is easy enough. Are there the translators
necessary to help those, for instance, Vietnamese shrimpers? Do we have
the processes in place? If I understand the intention of the Senator
from Louisiana with the expedited claims process, it is designed to not
only make it more transparent but make it more readily accessible in
terms of multiple resource centers; also establishes an advisory
committee that consists of representatives of claimants of the
responsible parties. We heard yesterday that people who have been
affected want to know they are dealing with somebody in a position of
authority to answer their questions, address their concerns. We
understand that within this advisory committee on Deepwater Horizon
compensation, these individuals will advise the administrator.
There are also other provisions that are designed to protect the
interests of the claimants, one of which I think is very important;
that is, that those who may have filed incomplete claims because they
simply were not aware of all the information that is needed, are
notified by the administrator and allow the administrator to conduct
hearings in a manner that best determines the rights of the parties.
I think it is critically important that these processes be put in
place. I stand with my colleague from Louisiana in supporting this
effort, this measure, and ensuring that through this, BP is held
directly accountable, and to make sure there is an accelerated path to
recovery for the growing number of victims in the gulf.
The PRESIDING OFFICER. Does the Senator from Louisiana wish to renew
his unanimous-consent request?
Mr. VITTER. Yes. I renew my unanimous-consent request.
The PRESIDING OFFICER. Is there objection?
Mr. MENENDEZ. Madam President, reserving the right to object.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. MENENDEZ. Madam President, I appreciate the Senator came up with
a proposal. It is 40 pages. I just saw it. I look forward to reading it
and seeing whether it truly achieves the goal we mutually have. We are
moving the ball forward because both the Senator from Louisiana and the
Senator from Alaska, who I understood originally opposed lifting the
cap to an unlimited amount, now both believe the cap, at least in this
instance, should be lifted to an unlimited amount.
But reading the last 2 pages of the proposal we just got, and
listening to the words of the Senator from Louisiana, there is a
suggestion here that BP has, in essence, made a commitment or a
contract, yet we have nothing before us other than testimony about a
supposed willingness to pay all legitimate claims. They have
equivocated when they have been asked before the committee, What does
``legitimate'' mean, and several members asked them a series of
different elements of ``legitimate,'' and they would not commit to
that.
Secondly, the letter the Senator has in his legislation that he wants
to propound to pass right now says BP is ``prepared'' to pay above $75
million. It does not say it ``shall'' pay above $75 million. It does
not say ``will'' pay. There is no legal obligation for them to do it.
So to consume that and say that is the basis under which we are making
some contractual relationship is a problem.
Finally, I think there is a problem between having legislation on a
specific incident versus raising the cap in general. What happens when,
God forbid, the next oilspill comes and a company is not taking the
same position? It seems to me what we want to do is raise the cap in an
unlimited fashion against any major oil company so we do not simply
have to listen to their allegations that they are willing to pay any
claims but that, in fact, they have a legal obligation to do so.
So for all these reasons, and the fact that we just got this
legislation, and because of the concerns that I do not think it reaches
what we need to accomplish, I will have to object.
The PRESIDING OFFICER. Objection is heard.
The Senator from Louisiana.
Mr. VITTER. Madam President, reclaiming my time, I am obviously
disappointed. I think we are seeing that maybe there is a difference
when your State is in the nexus of this and your State is under attack
from this oil. I want to fix a problem, not just make a
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speech. We are not going to pass by unanimous consent a permanent
change to the liability cap. I have a version that I think should pass,
and I am going to keep fighting for it. Senator Menendez has a
different version, and I am sure he will keep doing the same. I think
mine is superior, but we can have that debate.
But as oil continues to gush from this well, as heavy oil continues
to get behind the barrier islands of Louisiana and starts to infiltrate
our marsh--which is an ecosystem issue 100 times worse than simply
hitting our barrier islands and beaches--I would actually like to solve
the problem and not just come here to the floor and give a speech. My
bill does that by focusing on this event and this company, BP, in a way
that we should all be able to agree on.
I commend the details of the bill to my colleagues. It does not
depend on the language of any BP letter. It takes that as a starting
point, and it removes all caps on economic damages for this event for
this company. Why don't we do that by UC? We should be able to.
In addition, it fixes a real ongoing problem by establishing an
expedited claims process. That is necessary too. Because it is great to
tell these fishermen that your full claim will be paid eventually in
the long run, but as the old saying goes: We are all dead in the long
run. And they are looking to their next month's boat payment, their
next month's house payment.
So I commend this serious legislation, which we should pass
immediately, to my colleagues. Let's solve a problem. It is an ongoing
problem. It is an ongoing crisis that sure as heck affects my State.
Let's just not make a speech.
I yield the floor.
The PRESIDING OFFICER. The Senator from Wisconsin.
Mr. FEINGOLD. Madam President, what is the pending business?
The PRESIDING OFFICER. The Wyden amendment.
Amendment No. 4204
Mr. FEINGOLD. Madam President, I ask unanimous consent to set aside
that amendment for the purpose of calling up an amendment.
The PRESIDING OFFICER. Is there objection?
Mr. DURBIN. Madam President, reserving the right to object.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. DURBIN. Sorry. I was hoping Senator Inouye would give consent to
this. As I said, I am filling in. He left the floor. If the Senator
could withhold offering his amendment until he comes back.
Mr. FEINGOLD. Madam President, if I can respond to the Senator from
Illinois, I will make my remarks, but I spoke to the Senator from
Hawaii prior to this, and I believe there is no objection. If I could,
I will proceed and then at the conclusion I will renew my request.
Mr. DURBIN. I object at this moment, but I hope we can work it out
very shortly.
I just received word from staff that Senator Inouye approves of the
Senator offering his amendment, so I withdraw my objection.
Mr. FEINGOLD. Then, Madam President, I renew my unanimous-consent
request to set aside the pending amendment for the purpose of calling
up an amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FEINGOLD. It is amendment No. 4204, which is at the desk, and I
ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Wisconsin [Mr. Feingold], for himself,
Mrs. Boxer, Mr. Durbin, and Mr. Merkley, proposes an
amendment numbered 4204.
Mr. FEINGOLD. Madam President, I ask unanimous consent that reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To require a plan for the safe, orderly, and expeditious
redeployment of the United States Armed Forces from Afghanistan)
At the end of chapter 10 of title I, add the following:
plan for safe, orderly, and expeditious redeployment of the united
states armed forces from afghanistan
Sec. 1019. (a) Plan Required.--Not later than December 31,
2010, the President shall submit to Congress a report setting
forth a plan for the safe, orderly, and expeditious
redeployment of United States Armed Forces and non-Afghan
military contractors from Afghanistan, together with a
timetable for the completion of that redeployment and
information regarding variables that could alter that
timetable.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
Mr. FEINGOLD. Madam President, I rise to offer an amendment on behalf
of myself, Senator Boxer, Senator Durbin, and Senator Merkley, that
would require the President to provide a flexible timetable for the
responsible drawdown of U.S. troops from Afghanistan. The amendment is
based on legislation I have introduced in the Senate, as I mentioned,
with Senator Boxer, and also that Representative McGovern and
Representative Jones have introduced in the House.
Our amendment would require the President to be clear about his
timeframe in Afghanistan. The President has already indicated that his
surge strategy in Afghanistan is time limited and he will begin
redeploying troops in July 2011. All we are asking is that the
President provide further details about how long he intends to leave
our troops in Afghanistan, and about what variables could lead him to
change his mind about this timetable.
Before I go on, I want to explain what my amendment does not do. It
does not set a specific date for the withdrawal of U.S. troops. It does
not require the President to actually redeploy troops. And it does not
place any restrictions on funding.
Rather, it simply requires the President to provide a timeline for
the redeployment of U.S. troops. That timeline is not binding. In fact,
the amendment directs the President to identify, as I said, what
variables, if any, would warrant the alteration of that timeline.
Secretary Clinton has already testified that she anticipates it will
take 3 to 5 years to transition control to Afghan security forces.
My bill would simply require the President to lay this out clearly
and specifically, and to spell out what, if any, conditions would
warrant a longer U.S. military presence. It allows him to provide some
of this information in a classified annex, if that is appropriate.
Congress needs information about expected troop levels in order to
properly plan and pay for the war and to avoid future unpaid-for
supplemental spending bills such as the one we are now considering.
Frankly, I had hoped the days of budget-busting supplemental war
spending bills were in the past. We have already spent hundreds of
billions of dollars on this war and hundreds of billions more on Iraq.
At a time of massive deficits, economic upheaval, and major domestic
needs going unfilled, that level of deficit spending is simply
unsustainable.
In fairness, unlike his predecessor, President Obama has attempted to
provide realistic budget estimates for war costs in the current and
next fiscal years. But beyond fiscal year 2011, the President's budget
numbers are unrealistically low. It would likely cost the American
taxpayer $300 billion to $500 billion to conduct the President's
strategy over and above the $300 billion we have already spent in
Afghanistan.
I have serious concerns about this strategy, and I would be more than
happy to discuss those concerns with my colleagues on the floor. It is
about time we had a real debate in the Senate about this war. But I
hope even those who support the administration's surge agree it should
be paid for. We cannot continue to do what the last administration did
and add this massive cost to the national credit card.
Al-Qaida's stated goal is to bankrupt the United States of America.
If we keep running up debt to pay for the war, al-Qaida may well
achieve its goal. If Congress cannot provide the will to pay for this
war, then we need to seriously ask ourselves, How much longer can we
keep fighting it?
By requiring the administration to provide its exit strategy, we can
also help to provide our men and women in uniform with greater
certainty about their deployments. After almost a decade of war, our
servicemembers deserve to know how much longer our military operations
in Afghanistan are expected to continue and, frankly, so do the
American people.
[[Page S4182]]
We have many priorities and many pressing needs, both domestically
and abroad. The American people deserve more information about the
administration's plans in Afghanistan so they can evaluate those plans
and weigh them against other priorities, including and especially the
need to target growing al-Qaida affiliates around the world.
Moreover, a timetable will help make clear to our partners in
Afghanistan that our support is not unconditional and that we will not
continue to bear the burden of our current military deployment
indefinitely. That is an important message that the current flawed
Afghan leadership needs to hear.
While I am disappointed by his decision to expand our military
involvement in Afghanistan, I commend the President for setting a start
date for redeployment, namely, July 2011. Our allies have stated that
it has helped ``focus the minds'' of our partners in Afghanistan and
around the world. Having a start date is essential, but alone it is
insufficient. It should be accompanied by an end date too.
The President should convey to the American and Afghan people how
long he anticipates it will take to complete his military objectives.
So long as our large-scale military presence remains open-ended, al-
Qaida will have a valuable recruiting tool and our partners in
Afghanistan will have an incentive to take a back seat, leaving U.S.
troops and U.S. taxpayers on the hook.
Again, my amendment is not about whether one of us supports the
President or the troops. All of us support the troops and hope and wish
the President has success in Afghanistan. But no matter how we feel
about the President or about his approach in Afghanistan, I hope we can
agree on the need for an exit strategy, as we approach the 9-year
anniversary of a war that is showing no signs of winding down.
As I said before, I, for one, have serious doubts about the
administration's approach. In light of our own domestic needs, rising
casualty rates in Afghanistan, and the emergence of al-Qaida safe
havens around the world, an expensive, troop-intensive, nation-building
campaign just does not add up for me. But my amendment does not dictate
a particular strategy for Afghanistan. All it does is require the
President to inform Congress and the American people about how long his
military strategy is expected to take.
I urge my colleagues to support the amendment.
I yield the floor.
The PRESIDING OFFICER. The Senator from Arizona.
Amendment No. 4214
Mr. McCAIN. Madam President, I ask unanimous consent that the pending
amendment be set aside and call up amendment No. 4214. And I thank the
distinguished managers of the bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Arizona [Mr. McCain], for himself, Mr.
Kyl, Mrs. Hutchison, and Mr. Cornyn, proposes an amendment
numbered 4214.
Mr. McCAIN. Madam President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To provide for National Guard support to secure the southern
land border of the United States)
At the end of chapter 3 of title I, add the following:
national guard support to secure the southern land border of the united
states
Sec. 309. (a) Additional Amount.--For an additional amount
under this chapter for the deployment of not fewer than 6,000
National Guard personnel to perform operations and missions
under section 502(f) of title 32, United States Code, in the
States along the southern land border of the United States
for the purposes of assisting U.S. Customs and Border
Protection in securing such border, $250,000,000.
(b) Offsetting Rescission.--The unobligated balance of each
amount appropriated or made available under the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5)
(other than under title X of division A of such Act) is
rescinded pro rata such that the aggregate amount of such
rescissions equals $250,000,000 in order to offset the amount
appropriated by subsection (a).
Mr. McCAIN. Madam President, the amendment would fund the immediate
deployment of 6,000 National Guard troops to the U.S.-Mexico border to
provide additional security since the situation on the border has
greatly deteriorated during the last 18 months. The National Guard
troops would remain on the border until the Secretary of Defense, in
consultation with the Governors of Arizona, California, New Mexico, and
Texas, determines that the Federal Government has achieved
``operational control'' of the border.
Since I put this amendment together, we have been informed that the
President will be asking for an additional $500 million to support
border security and up to 1,200 National Guard to be sent to the
border. I appreciate that. I think it is a recognition of the violence
on the border which has been really beyond description in some
respects, particularly on the Mexico side.
I appreciate the additional 1,200 Guard being sent, as well as an
additional $500 million, but it is simply not enough. We need 6,000. We
need 3,000 across the border and an additional 3,000 National Guard
troops on the Arizona-Mexico border. I say that because of my many
visits to the border, my conversations with the Border Patrol, and the
time it will take to train an additional 3,000 troops just for the
Arizona-Mexico border.
I have colleagues waiting with other amendments, but I hope my
colleagues appreciate the extent of the violence on the Mexican border
and the dramatic increase in that violence that has taken place over
the last several years. There was a time not that long ago that someone
who wanted to come across our border illegally could do so if they were
fortunate and would come across by themselves. That is no longer
possible. We now have highly organized human smuggling rings and drug
cartels that are working together. They are using the same routes, and
unfortunately the so-called central corridor, the Arizona-Mexico
border, has been where a great degree of violence and certainly a
preponderance or a majority of human smuggling and drug smuggling has
taken place.
I would refer two numbers to my colleagues. Last year, in the Tucson
sector of the Arizona-Mexico border, there were over 1.2 million pounds
of marijuana intercepted on that border, to the point where I was told
that the U.S. attorney didn't prosecute anything less than 500 pounds
of marijuana intercepted. One other number: Last year on the Tucson
sector of the Arizona-Mexico border, 241,000 illegal immigrants were
apprehended trying to cross the Mexico-Arizona border. If you figure we
catch one out of four, one out of five illegal immigrants who are
coming across, that is about a million people, a million illegal
immigrants coming across the Tucson sector, destroying people's
property, destroying our wildlife refuges, and causing an environment
of total insecurity amongst the citizens who live in the southern part
of my State.
I understand the controversy associated with the legislation that was
passed by the Arizona Legislature and signed by the Governor. By the
way, that legislation is less severe than Federal law--certainly
nothing like the Mexican law regarding treatment of illegal
immigrants--and it has been badly mischaracterized by administration
officials who have admitted they haven't even read the bill. But the
important aspect here is that I support that legislation because the
Arizona Governor and Legislature acted in frustration because of the
Federal Government's failure to carry out its responsibilities to
secure our border.
Again, 1.2 million pounds of marijuana, 241,000 illegal immigrants,
and then the situation is compounded by the incredible violence--22,000
Mexican citizens have been murdered on the Mexican side of the border
in the last 3 years in the struggle between the Mexican Government and
the drug cartels. It was predicted by many of us, as we saw this
violence increase, that sooner or later it was going to spill over the
border or affect American citizens. Three American citizens were killed
on the Mexican side of the border as they made their way home to the
United States. In March, a third-generation Arizona rancher was found
dead on his property near the Mexican border, reportedly shot by a
suspect who may have illegally entered our country. So the point is,
this violence is at such a level that it makes a compelling argument
for us to secure our border.
[[Page S4183]]
I understand the liberal media and the mainstream media who have
talked about our situation in Arizona. Most of them have never been
within about 100 miles of the border. But the point is that the
citizens in my State deserve the right to live a secure existence--not
to be threatened, not to have their property overrun, not to have their
homes broken into. A mother came to me at a townhall meeting and said:
I am afraid to drop my children off at the school bus stop.
This violence on the border is unspeakable. It is one of the least
reported aspects of this whole issue, and I still am puzzled as to why.
People are beheaded and their bodies hung at the overpass in Tijuana. A
wedding took place not long ago, and the drug people came in and took
the groom, his brother, and a nephew, and their bodies were found a few
hours later. A young man who was part of the capture of one of these
drug lords was lionized by the Mexican Government, and his whole family
was murdered. This is a degree of brutality that threatens the very
existence of the Mexican Government.
I am proud we are working with the Mexican Government. I hope all of
our colleagues understand we have spent over $1 billion. The corruption
level that exists in Mexico today reaches to the highest levels of
government. So really the only institution the government can rely on
is the army.
When we send the Guard to the border, we are told the presence of the
Guard has an effect on these drug cartels. By the way, the drug cartels
are watching everything on the border. They have the most sophisticated
communications. They have sophisticated intelligence capability, and
they are very efficient in their organization. So the Guard troops on
the border in the past have had a very salutary effect. That is why we
need 6,000 of them until such time as we can train additional Border
Patrol and customs people to address this issue.
So I wish to emphasize to my colleagues that we should not forget, to
start with, that it is the United States of America that is creating
the demand for these drugs, and at some point we have to address that
issue too. But in the meantime, this violence that is taking place in
Mexico on the Mexican side of the border, which has spilled over on our
side, can only get worse until these drug cartels are brought under
control and the human smugglers are brought under control, and that
will only take place when our border is secure.
We can secure the border. The Yuma sector, as my colleague from
Arizona has pointed out, has taken measures, including incarceration of
illegal immigrants, including increased fencing and surveillance. By
the way, UAVs are a very important part of this equation. So we have
been able to drastically reduce the illegal activity, both drug and
human smuggling, in the Yuma sector of the border. My colleague from
Texas will testify that in, I believe it is the McAllen sector of
Texas, there has been significant and dramatic improvement. In San
Diego, there is dramatic improvement. So those who feel we can't secure
our border, there are great examples of our ability to do so with
people, with fences, and with technology. We can do these things.
We have to get an additional 6,000 troops to the border before there
are more tragedies such as happened with Rob Prince, the rancher from
Arizona, or the deputy all the way up in Pinal County, some 50 miles
from the border, who was shot in the stomach, in pursuit of one of
these drug people, with an AK-47.
So I urge my colleagues and I urge all Americans to understand that
we in Arizona didn't want to have this law passed by the legislature.
It was done out of frustration because of the Federal Government's
failure to exercise its responsibility. It is a Federal responsibility,
something that the Secretary of Homeland Security emphasized in a
letter, when she was Governor of the State of Arizona, on March 11,
2008. It says: Clearly, Operation Jump Start has been highly
effective--on and on about how important the help in insuring the
border and bringing the Guard to the border has been. That is true
today.
So the Arizona Legislature and Governor did not wish to pass this
legislation. It was enacted because the people of Arizona had an
insecure border and live, in many cases, in an insecure environment. An
obligation we have to all of our citizens is to allow them to live in a
secure environment.
By the way, this law the Arizona Legislature passed is far less
severe in many respects than the Federal law and certainly far
different from the law in Mexico, which is very stringent in its
provisions and penalties for illegal immigration.
So we need relief in our State. We need relief in many places across
the border. The drug cartels have to be stopped. Working with Mexico, I
believe we can, over time, bring the border under control and rid the
scourge of these drug cartels and these human smugglers.
Let me finally say, because I know my colleagues are waiting, that
the treatment of human beings by these coyotes, these human smugglers,
is atrocious, unspeakable. They take them and they pack them into--
well, the other day, a U-Haul rental truck was apprehended. Sixty-seven
human beings were packed inside. They take them to these drop houses.
They hold them for ransom, and then after they are ransomed, sometimes
they mistreat them even further. The human rights abuses that are
taking place in these human smuggling rings is atrocious beyond
description. That alone should compel us to get our borders secure and
to provide for a legal system of immigration into our country.
We welcome immigrants. We welcome our Hispanic heritage. We cherish
it. Spanish was spoken in our State of Arizona before English. But we
have to get the human smuggling and drug cartels under control because
the security of our citizens and our Nation depends on it. So I urge my
colleagues to support the amendment.
I yield the floor.
The PRESIDING OFFICER. The Senator from Texas.
Mr. CORNYN. Madam President, I ask unanimous consent, I believe with
the approval of the bill managers, to call up my amendment No. 4202, as
modified, and ask for its immediate consideration.
The PRESIDING OFFICER. Is there objection?
Mr. MENENDEZ. Reserving the right to object, I have not seen this
amendment and I am not familiar with what it would do, so for the
moment I would object until I have that opportunity.
The PRESIDING OFFICER. Objection is heard.
Mr. CORNYN. Madam President, this has been cleared by the majority
bill manager, by Senator Inouye and his staff, I believe. Certainly the
ranking member has no objection. I didn't know I had to clear
amendments with all 100 Members of the Senate before I could even get
them called up. I am prepared to call it up so we can then consider it
and then we can debate it and vote on it. But this does not seem like a
way to make any progress on this important underlying legislation.
Well, I guess I will talk about it for a while.
The PRESIDING OFFICER. The Senator from Texas is recognized.
Mr. CORNYN. Madam President, I once more ask unanimous consent to
call up my amendment No. 4202, as modified, for consideration, and I
ask that the pending amendment be set aside for that purpose.
The PRESIDING OFFICER. Is there objection?
Mr. MENENDEZ. Reserving the right to object, I will state the same
objection. I have not seen the amendment, and while I appreciate that
the bill managers may have agreed to it, the reality is, as I
understand it, any Member of the Senate can rise to object.
I hope not to be compelled to object. But at this point, I will
object.
Mr. McCAIN. Madam President, I reserve the right to object too. I
have been here a long time. That is the first time I have seen that
from the Senator from New Jersey. If that is the way we are going to do
business here, this place will grind to a halt. I think it is
discourteous of the Senator from New Jersey to do that. This place
exists and runs mostly on comity. I hope that does not become a
practice here or it will be practiced on this side as well.
The PRESIDING OFFICER. The Senator from Texas.
Mr. CORNYN. Madam President, as you have heard, the President came to
speak to Republicans at lunch. We have talked about a lot of issues,
including immigration reform and the like. Subsequent to that meeting,
we were informed by e-mail that the President
[[Page S4184]]
has made a major announcement with regard to the deployment of National
Guard along the border.
This amendment, which deals with border security and will help the
Federal Government live up to its responsibility for border security,
is exactly the kind of response I think the President and certainly all
of us who care about border security would find helpful.
Let me tell you what this amendment does. I know the Senator from New
Jersey is looking through the amendment, and perhaps we can have a
further consideration of the amendment when he is through.
This amendment would strengthen border security along our southwest
border. While I appreciate the needs of States such as Arizona, we have
a number of States that share a common border with Mexico. We have to
make sure we have the human resources, tactical infrastructure, and
technology employed in order to protect Americans along the border and
help contain the terrible drug violence--drug war, literally--that is
being fought within a short distance of American cities.
According to the El Paso Times, two young men were shot over the
weekend in Juarez, one a nursing student at the University of Texas at
El Paso, and another was a former student--an engineering major--from
that same institution. Some news reports indicated that the two young
men were returning from a Boy Scout camp when they were confronted by a
shooter with an AK-47, who shot both of them multiple times, killing
one of them.
I am really not sure my colleagues understand how close these
killings in Juarez are to the United States. It is like Minneapolis
being across the river from St. Paul or Manhattan being across the
river from Brooklyn. That is the proximity of the 1,000 deaths that
have occurred so far this year in Juarez, on the Mexican side of the
common border with El Paso. This may not capture headlines like those
of other college campuses, but these deaths represent a terrible loss
to our families, our communities, and our Nation. That is a reminder of
just how dangerous this war is that is going on just across our border.
It also raises the issue of what is going to be necessary in order
for us to deal with our broken immigration system. I think the problem
we have with our immigration system is that it is simply not credible
when it comes to border security. We know that last year the Department
of Homeland Security reported that some 540,000 people were detained
coming across our border. We don't know how many made it across without
being stopped and detained. All we can tell you is how many people
actually were detained. It is commonly thought that between two and
three people are missed for every one who is caught and detained. That
is not anyone's definition of border security.
What we need is more resources deployed along the border. The
President's 2011 budget, for example, is a flat-line budget when it
comes to actually providing more boots on the ground, when it comes to
adding to the Border Patrol and the various Federal agencies whose job
it is to protect our country and secure the border.
The first thing my amendment does is it provides some help in the
form of grants to State and local law enforcement, especially to those
areas within 100 miles of the border. When the Federal Government
doesn't do its job, when they fail to employ sufficient resources in
order to secure the border, that burden falls on State and local law
enforcement officials, particularly those within 100 miles of the
border who feel the brunt of that absence of the Federal Government.
Under this $300 million grant program, these funds could be used to
purchase equipment, particularly so they can have interoperable
communications, hire additional investigators, detectives, and other
law enforcement personnel, and they could be used to cover salaries and
expenses associated with border enforcement for the State and local
officials who are stepping up and doing the job the Federal Government
is not doing.
Second, my amendment supports the southwest border task forces. It
provides $140 million to increase personnel and funding for the so-
called HIDTA Program, or the High Intensity Drug Trafficking Area
Program, mainly in southwest border States. It also provides $44.7
million to the National Guard Counterdrug Program in the southwest
border States.
Third, my amendment provides additional support for U.S. Customs and
Border Protection. It provides $144 million for the purchase of six
additional Predator B unmanned aerial vehicles and ground control
stations and funding for UAV pilots and support staff. It provides
$49.4 million to allow Customs and Border Protection to purchase 10
additional helicopters for border enforcement. It allocates $180
million for border surveillance equipment and vehicles. It provides
$200 million to hire 500 Customs and Border Patrol officers to staff
southwest border ports of entry, as well as to fund infrastructure
improvements at high-volume ports of entry.
Fourth, my amendment provides additional support to the Drug
Enforcement Administration. I had the opportunity the other day to have
a classified briefing from the DEA which I will not go into here, but
suffice it to say the Drug Enforcement Administration is fighting the
good fight both here and in Mexico trying to help fight and beat the
cartels. But they need more help. This amendment provides $30.4 million
to hire an additional 180 intelligence analysts and support personnel
for the DEA, and it would create four additional special investigative
units.
It provides $72 million to hire 281 special agents and investigators
at the Bureau of Alcohol, Tobacco, Firearms and Explosives to help
investigate and track illegal firearms. One of the things you will
recall we heard from President Calderon is his concern about the
weapons that are purchased in the United States and then bundled and
trafficked south of the border into Mexico and used by the cartels.
These ATF agents need additional help, and this amendment would provide
the money to hire 281 additional ATF agents in order to help prevent
the flow of weapons to the cartels south of the border.
Finally, my amendment supports U.S. Immigration and Customs
Enforcement. It provides $375 million to fund 500 additional
investigators, 400 additional intelligence analysts, and 500 additional
detention and removal officers. It provides $151 million to increase
detention capacity by 3,300 beds. It allocates $180 million for
equipment and border enforcement technology. It provides $89 million to
expand repatriation programs that return illegal aliens to their home
countries.
The total pricetag for this amendment, which, as you can see, is
rather detailed and breaks down into six different areas, is $2
billion. That is a lot of money. But the first responsibility of the
Federal Government is to keep our Nation safe, protect it. That is the
No. 1 job of the Federal Government. The Federal Government is not
getting the job done now. The brave men and women who, day-in and day-
out, fight the cartels, the human smugglers, people who smuggle weapons
illegally, need help. They need technology, training, and equipment, so
they can get the job done.
So that it is not necessary for other States to take matters into
their own hands in the absence of the Federal Government living up to
its responsibilities, I believe it is absolutely imperative that we
spend this money for the security of our country, for the security of
our border.
The good news is that, unlike a lot of spending that has happened
here in recent months and years, this is not deficit spending. I am not
proposing that we spend it using borrowed money; rather, that we use
funds that were already appropriated by the stimulus package early in
2009 in order to pay for this amendment. This is not spending our
children's inheritance.
I believe this is acting responsibly in responding to the first
obligation of the Federal Government, which is to keep our people safe,
to protect our borders and our national sovereignty.
I thank my colleagues who signed on as original cosponsors, including
Senators Hutchison, Kyl, and McCain. I hope all of my colleagues will
support this amendment.
I see both the bill manager and the Senator from New Jersey. I don't
know whether he has had an opportunity to review the amendment. There
is nothing particularly exotic or complex about it. It is rather
straightforward and deals with a real problem.
[[Page S4185]]
Mr. MENENDEZ. Will the Senator yield before he offers the request?
Mr. CORNYN. I will yield for a question.
Mr. MENENDEZ. I appreciate that. I look at the Senator's proposed
amendment, and am I to understand that the Senator has $3.1 billion of
rescissions to cover what he wants to do in his amendment?
Mr. CORNYN. Responding to my colleague through the Chair, we were
told that it would take $3.1 billion in rescission authority to come up
with the $2 billion that would pay for the various provisions of the
bill. I would be happy to explain that further, with our staffers
present, to further satisfy the Senator from New Jersey.
Mr. MENENDEZ. If my colleague will further yield, I understand what
he just said. There is $3.1 billion in rescission in the amendment; is
that fair to say?
Mr. CORNYN. Madam President, that is correct.
Mr. MENENDEZ. I thank my colleague for yielding.
Amendment No. 4202, as Modified
Mr. CORNYN. At this time, I ask unanimous consent to set aside the
pending amendment, and I call up my amendment No. 4202, as modified,
and ask for its immediate consideration.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
The clerk will report.
The assistant bill clerk read as follows:
The Senator from Texas [Mr. Cornyn], for himself, Mr. Kyl,
Mrs. Hutchison, and Mr. McCain, proposes an amendment
numbered 4202, as modified.
Mr. CORNYN. Madam President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To make appropriations to improve border security, with an
offset from unobligated appropriations under division A of Public Law
111-5)
At the appropriate place, insert the following:
SEC. __. BORDER SECURITY ENHANCEMENTS.
(a) Additional Amount for Counterdrug Enforcement.--For an
additional amount for ``Salaries and Expenses'' of the Drug
Enforcement Administration, $30,440,000, of which--
(1) $15,640,000 shall be available for 180 intelligence
analysts and technical support personnel;
(2) $10,800,000 shall be available for equipment and
operational costs of Special Investigative Units to target
Mexican cartels; and
(3) $4,000,000 shall be available for equipment and
technology for investigators on the Southwest border.
(b) Firearms Trafficking Enforcement.--For an additional
amount for ``Salaries and Expenses'' of the Bureau of
Alcohol, Tobacco, Firearms and Explosives, $72,000,000, of
which--
(1) $68,000,000 shall be available for 281 special agents,
investigators, and officers along the Southwest border; and
(2) $4,000,000 shall be available for equipment and
technology necessary to support border enforcement and
investigations.
(c) National Guard Counterdrug Activities.--For an
additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'' for high priority National Guard
Counterdrug Programs in Southwest border states, $44,700,000.
(d) High Intensity Drug Trafficking Areas Program.--For an
additional amount for Federal Drug Control Programs, ``High
Intensity Drug Trafficking Areas Program'' for Southwest
border states, $140,000,000.
(e) Land Ports of Entry.--For an additional amount to be
deposited in the Federal Buildings Fund, for construction,
infrastructure improvements and expansion at high-volume land
ports of entry located on the Southwest border, $100,000,000.
(f) Border Enforcement Personnel.--For an additional amount
for ``Salaries and Expenses'' of U.S. Customs and Border
Protection, $334,000,000, of which--
(1) $100,000,000 shall be available for 500 U.S. Customs
and Border Protection officers at Southwest land ports of
entry for northbound and southbound inspections;
(2) $180,000,000 shall be available for equipment and
technology to support border enforcement, surveillance, and
investigations;
(3) $24,000,000 shall be available for 120 pilots, vessel
commanders, and support staff for Air and Marine Operations;
and
(4) $30,000,000 shall be available for additional unmanned
aircraft systems pilots and support staff.
(g) Unmanned Aircraft Systems and Helicopters.--For an
additional amount for ``Air and Marine Interdiction,
Operations, Maintenance, and Procurement'' of U.S. Customs
and Border Protection, $169,400,000, of which--
(1) $120,000,000 shall be available for the procurement,
operations, and maintenance of at least 6 unmanned aircraft
systems; and
(2) $49,400,000 shall be available for helicopters.
(h) Immigration Enforcement Personnel.--For an additional
amount for ``Salaries and Expenses'' of U.S. Immigration and
Customs Enforcement, $795,000,000, of which--
(1) $175,000,000 shall be available for 500 investigator
positions;
(2) $75,000,000 shall be available for 400 intelligence
analyst positions;
(3) $125,000,000 shall be available for 500 detention and
deportation positions;
(4) $151,000,000 shall be available for 3,300 detention
beds;
(5) $180,000,000 shall be available for equipment and
technology to support border enforcement; and
(6) $89,000,000 shall be available for expansion of
interior repatriation programs.
(i) State and Local Grants.--For an additional amount for
``State and Local Programs'' administered by the Federal
Emergency Management Agency, $300,000,000, which shall be
used for--
(1) State and local law enforcement agencies or entities
operating within 100 miles of the Southwest border; and
(2) additional detectives, criminal investigators, law
enforcement personnel, equipment, salaries, and technology in
counties in the Southwest border region.
(j) Offsetting Rescission.--
(1) In general.--Notwithstanding section 5 of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5),
$3,100,000,000 of the amounts appropriated or made available
under division A of such Act that remain unobligated as of
the date of the enactment of this Act are hereby rescinded.
Mr. CORNYN. Madam President, I yield the floor at this time.
The PRESIDING OFFICER. The Senator from New Jersey is recognized.
Amendment No. 4175
Mr. LAUTENBERG. Madam President, I ask unanimous consent that the
pending amendment be set aside and I be permitted to call up amendment
No. 4175.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
The clerk will report.
The assistant bill clerk read as follows:
The Senator from New Jersey [Mr. Lautenberg] proposes an
amendment numbered 4175.
Mr. LAUTENBERG. Madam President, I ask unanimous consent that reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To provide that parties responsible for the Deepwater Horizon
oil spill in the Gulf of Mexico shall reimburse the general fund of the
Treasury for costs incurred in responding to that oil spill)
On page 79, between lines 3 and 4, insert the following:
(b) Reimbursement.--
(1) Definition of responsible party.--In this subsection,
the term ``responsible party'' means a responsible party (as
defined in section 1001 of the Oil Pollution Act of 1990 (33
U.S.C. 2701)) with respect to the discharge of oil that began
in 2010 in connection with the explosion on, and sinking of,
the mobile offshore drilling unit Deepwater Horizon in the
Gulf of Mexico.
(2) Liability and reimbursement.--Notwithstanding any
limitation on liability under section 1004 of the Oil
Pollution Act of 1990 (33 U.S.C. 2704) or any other provision
of law, each responsible party--
(A) is liable for any costs incurred by the United States
under this Act relating to the discharge of oil that began in
2010 in connection with the explosion on, and sinking of, the
mobile offshore drilling unit Deepwater Horizon in the Gulf
of Mexico; and
(B) shall, upon the demand of the Secretary of the
Treasury, reimburse the general fund of the Treasury for the
costs incurred under this Act relating to the discharge of
oil described in subparagraph (A), as well as the costs
incurred by the United States in administering
responsibilities under this Act and other applicable Federal
law relating to that discharge of oil.
(3) Failure to pay.--If a responsible party fails to pay a
demand of the Secretary of the Treasury pursuant to this Act,
the Secretary of the Treasury shall request the Attorney
General to bring a civil action against the responsible party
(or a guarantor of the responsible party) in an appropriate
United States district court to recover the amount of the
demand, plus all costs incurred in obtaining payment,
including prejudgment interest, attorneys fees, and any other
administrative and adjudicative costs.
Mr. LAUTENBERG. Madam President, this amendment is simple. It says
that the parties responsible for the gulf oilspill must reimburse the
government for every Federal dollar in this bill that goes to the
oilspill response. To me, it is just a statement of pure logic. I thank
Senator Murray for joining me in cosponsoring this amendment.
It has been 36 days since BP's blown-out well began spewing damage
from
[[Page S4186]]
hundreds of thousands of barrels of oil uncontrollably into the Gulf of
Mexico, and there is no end in sight. The spill is causing unimaginable
devastation to wetlands, wildlife, and the way of life across the gulf.
The prospect of oil entering the Loop Current in Florida, hitting the
east coast of Florida, is becoming more likely.
Now, President Obama--in addition to the funding provided for the
wars in the supplemental and the Haiti disaster--has dispatched the
Coast Guard, the Interior Department, the EPA, the Defense Department,
and NOAA to the gulf to contain and clean up this disaster. Now we are
about to provide millions of dollars in emergency supplemental funding
for these efforts.
The question for us today is simple: Who should pay for this effort?
Should the American taxpayers be asked to pay for it or should big oil,
the companies that caused this disaster, pay for it? I say it is the
responsibility of these companies. They were unprepared to deal with
this catastrophe. It was not our taxpayers. Therefore, the companies
should pay all the bills, as expected.
In the emergency supplemental, we often provide funds to deal with
natural disasters. When a flood, hurricane, or tornado hits, Americans
are accustomed to lending a hand to their neighbors, whether in their
State or other States. But the oilspill in the gulf is not a natural
disaster. It was caused either by neglect, recklessness, or otherwise
by BP, Transocean, and Halliburton, all of which worked or had a large
part of that drilling effort in the gulf. That is why my amendment
requires reimbursements by the oil companies, the parties responsible,
for any and all taxpayer funds spent on this response. It allows us to
respond in the gulf without delay while making clear that the money in
the bill is an advance, not a handout, for the oil companies.
The oil companies can afford to pay the taxpayers back. BP made more
than a $5 billion profit--more than $5 billion--in the first quarter of
this year alone. Although BP first avowed to pay all claims, they then
added a modifier, ``legitimate claims,'' and they are the ones who will
determine the legitimacy of these claims.
Every single day it becomes clearer that BP stands for ``broken
promises.'' If the taxpayers are left with the tab for cleaning up
BP's, Transocean's, and Halliburton's mess, funds for other vital
services will simply dry up. It is common sense: Polluters must pay for
their damage, not American taxpayers.
I urge my colleagues to support this amendment.
I yield the floor. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. LEAHY. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 4173
Mr. LEAHY. Madam President, I wish to speak about the Sessions
amendment to the supplemental appropriations bill. This is the
amendment that would cap discretionary spending this year and for
future years, irrespective of the needs of the government and the
American people.
I know our distinguished chairman, Senator Inouye, has already spoken
about it. I note this is the fourth time the Senate has been asked to
vote on this amendment. The last three times it was defeated. Now we
have to vote on it again. Perhaps we should have a rule here that after
three strikes you are out.
The amendment uses last year's budget resolution as its starting
point. It will cut over $20 billion from the President's fiscal year
2011 budget request.
I share the goal of the sponsors of this amendment to limit Federal
spending. Since I have been in the Senate, I have voted for billions of
dollars in cuts in Federal spending. But the way this amendment is
done, using a sledgehammer instead of a scalpel, it arbitrarily affects
every Federal program in ways that most certainly will come back to
haunt us.
Not only will critical programs from defense to education to foreign
policy be cut, the amendment requires a vote of three-fifths of the
Senate for emergency spending, and in a mere 14 pages it seeks to
basically do away with the role of the Budget Committee.
I would hate to see a situation where, if we have a flood in
Mississippi, and for some reason or another a minority of Senators say:
Our states didn't have a flood, so why should we vote for this? Or if
there were an earthquake in California and they need three-fifths, but
a minority of Senators has other priorities. That's not the way it
should work.
I must admit, I take a somewhat long view of it. I have not been here
as long as our distinguished chairman has or our distinguished former
chairman, Senator Byrd. But I have been here longer than everybody else
in this body. I urge people to be careful what they wish for. It
appears that requiring 60 votes and the gridlock we are currently
experiencing is not enough. The sponsors of this amendment want the
body to be held hostage to a minority of two-fifths. As the chairman of
the Appropriations Committee said earlier, it is the wrong direction
for the Senate to be going.
Let me focus my brief remarks specifically on the effect the Sessions
amendment would have on important national security programs funded in
the State and foreign operations budget for fiscal year 2011 which
begins on October 1.
The amendment would cut $1.1 billion from the President's State and
foreign operations budget request. A cut of that size would have
significant and, I suspect, unintended consequences.
I hope the proponents of this amendment or their constituents are not
among those who want travel overseas and want their passports processed
in a timely manner.
I hope they do not mind that our embassies are not fully staffed and
cannot properly represent Americans abroad. I hope if something happens
to them or their constituents in Mexico, Kenya, Turkey, or any other
foreign place and there is not an American consular officer who can
help them in an emergency, that they will not complain because their
amendment cut the funding for that consular officer's salary.
I hope it does not matter that we would only be able to fund a
portion of the global health and food security initiatives which, among
other things, provide funds for maternal and child health and to
prevent and respond to outbreaks of deadly contagious diseases, such as
cholera, Ebola, and the Asian flu.
I point out that these are not just threats in places halfway around
the world, they are only a plane trip away from our shores.
I hope the sponsors of this amendment are not concerned that it may
mean we have to cut funding for exchange programs for students of
predominantly Muslim countries where we are trying to show a different
face of America, or democracy programs in the former Soviet Union or
training programs for Iraqi police officers. There is a price for
everything, and the funding for State and foreign operations is one of
the best bargains in the Federal budget.
Contrary to what some may believe, it consists of barely 1 percent of
the entire budget. Aside from the U.S. military, it is how the United
States exerts its influence around the globe. As we are trying to show
in many parts of the globe, it is not just our military might that
defines America, it is our global reach in humanitarian emergencies and
diplomacy.
At a time when China is sharply increasing its spending for these
same types of activities and extending its sphere of influence to our
hemisphere and around the world because they know it is in their
Nation's best interest to do so, do we really want to cut the funding
that enables the United States to compete? It makes no sense.
I note that even though it is in the State Department budget, top
officials at the Pentagon understand this very well. Secretary Gates
and Admiral Mullen, Chairman of the Joint Chiefs of Staff, have both
urged the Congress to fully fund the State and foreign operations
budget. They know these are areas where our diplomats can handle things
better at far less cost and with longer lasting effects.
The sponsors of this amendment have supported the deployment of our
troops in Afghanistan and Iraq. They have voted to borrow the money--
the only
[[Page S4187]]
time, certainly, in my lifetime, that we have gone to war anywhere and
not paid for it. But military force alone, even though it is exerted
through great sacrifice by the very brave men and women in our
military, can only provide the conditions for longer term economic and
political stability in those countries. The State and Foreign
Operations budget provides the funds to build that economic growth and
political stability.
I ask unanimous consent the letters from both Secretary Gates and
Admiral Mullen be printed in the Record at the end of my remarks.
The PRESIDING OFFICER (Mr. Kaufman). Without objection, it is so
ordered.
(See exhibit 1.)
Mr. LEAHY. No one disagrees that we need to control spending. The
distinguished chairman of the Senate Appropriations Committee and the
distinguished ranking member of the Senate Appropriations Committee
work very hard to control spending. As a member of that committee I
know the votes I have cast to substantially cut spending. We need to
eliminate programs that are wasteful or can no longer be justified. We
need to be frugal about what new programs we fund.
But just as we are in a different world today than when I came to the
Senate 35 years ago, the things we need to do to respond to the
challenges of today are different than they were 35 years ago. The way
we respond to those challenges is different than when the distinguished
Appropriations chairman was gallantly fighting to protect our Nation in
World War II--something which we all honor and the Nation has honored
when he received the Congressional Medal of Honor. But he, like so many
others, tried to make the world safe for democracy, but I think he also
wanted to make it a world where America could achieve its goals through
the strength of its ideas and not just through its military might.
This amendment is not going to make a dent in the Federal deficit by
cutting $1.1 billion from the State and Foreign Operations budget. The
amendment, however well intentioned, would permit a small minority of
the Senate to dictate to the majority. It would limit the global
influence of the United States. It would cede more of our influence to
China. It would diminish our ability to develop and access export
markets that are vital to our economy and vital to increasing jobs here
in the United States. At worst of all, it would weaken our security
alliances.
I urge Senators to reject it.
I yield the floor.
Exhibit 1
Secretary of Defense,
Pentagon,
Washington, DC, Apr 21, 2010.
Hon. Kent Conrad,
Chairman, Committee on the Budget, U.S. Senate, Washington,
DC.
Dear Mr. Chairman: I am writing to express my strong
support for full funding of the President's FY 2011 foreign
affairs budget request (the 150 account) which, along with
defense, is a critical component of an integrated and
effective national security program.
I understand this year presents a challenging budget
environment, with competing domestic and international
pressures. However, I strongly believe a robust civilian
foreign affairs capability, coupled with a strong defense
capability, is essential to preserving U.S. national security
interests around the world.
State and USAID partners are critical to success in
Afghanistan, Pakistan and Iraq. Our military and civilian
missions are integrated, and we depend upon our civilian
counterparts to help stabilize and rebuild after the fight.
As U.S. forces transition out of war zones, the U.S.
government needs our civilian agencies to be able to assume
critical functions. This allows us, for example, to draw down
U.S. forces in Iraq responsibly while ensuring hard-fought
gains are secured. Cuts to the 150 account will almost
certainly impact our efforts in these critical frontline
states.
In other parts of the world, the work performed by
diplomatic and development professionals helps build the
foundation for more stable, democratic and prosperous
societies. These are places where the potential for conflict
can be minimized, if not completely avoided, by State and
USAID programs--thereby lowering the likely need for
deployment of U.S. military assets.
In formulating his request for FY 2011, the President
carefully considered funding needs for the budget accounts
for both foreign affairs and national defense, taking into
account overall national security requirements as well as
economic conditions. I believe that full funding of these two
budget accounts is necessary for our national security and
for ensuring our continued leadership in the world. I hope
you will take this into account when acting upon the
President's FY 2011 budget request.
Sincerely,
Robert M. Gates.
____
Chairman of the
Joint Chiefs of Staff,
Washington, DC, May 21, 2010.
Hon. Harry Reid,
Senate Majority Leader, U.S. Senate, Washington, DC.
Dear Mr. Majority Leader: As the Congress moves to finalize
the budget for FY 2011, I want to offer my strong support for
fully funding the Department of Defense and related agencies.
I also want to reinforce the views expressed in Secretary
Gates' letter of April 21 and Secretary Clinton's letter of
April 20 (copies attached) to Senator Kent Conrad, requesting
full funding of the Department of State and USAID. We are
living in times that require an integrated national security
program with budgets that fund the full spectrum of national
security efforts, including vitally important pre-conflict
and post-conflict civilian stabilization programs.
Diplomatic programs are critical to our long-term security.
I have been on record many times since 2005 expressing my
views of the importance of fully funding our diplomatic
efforts. As Chief of Naval Operations, I said that I would
hand over part of my budget to the State Department, ``in a
heartbeat, assuming it was spent in the right place.''
Diplomatic efforts should always lead and shape our
international relationships, and I believe that our foreign
policy is still too dominated by our military. The diplomatic
and developmental capabilities of the United States have a
direct bearing on our ability to shape threats and reduce the
need for military action. It is my firm belief that
diplomatic programs as part of a coordinated strategy will
save money by reducing the likelihood of active military
conflict involving U.S. forces.
I am told that the Senate Budget Committee reduced the
international affairs budget by $4 billion, and I respect and
appreciate the tough choices the committee had to make. I
would ask that as you finalize the spending outlines for FY
2011, you underscore the importance of our civilian efforts
to the work of the Defense Department, and ultimately, to our
Nation's security. Because of the increasingly integrated
nature of our operations, a $4 billion decrement in State and
USAID budgets will have a negative impact on ongoing U.S.
military efforts, leading to higher costs through missed
diplomatic and developmental needs and opportunities. A
fully-integrated foreign policy requires a fully-resourced
approach. Our troops, Foreign Service officers and
development experts work side-by-side in unprecedented and
ever-increasing cooperation as they execute our strategic
programs. We need to continue to grow the important
capabilities that are unique to our non-military assets,
ensuring they have the resources to enhance our security and
advance our national interests, in both ongoing conflicts as
well as in preventative efforts.
As always, I appreciate your strong support of our men and
women in uniform, and appreciate your considering my
perspective as you finalize the FY 2011 budget.
The more significant the cuts, the longer military
operation will take and more and more lives are at risk.
M. G. Mullen
Admiral, U.S. Navy.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. COCHRAN. Mr. President, I ask unanimous consent I be added as a
cosponsor of amendment No. 4179, offered by the distinguished Senator
from Louisiana, Ms. Landrieu.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Maine.
Ms. COLLINS. Mr. President, what is the pending business?
The PRESIDING OFFICER. The pending amendment is 4175 offered by the
Senator from New Jersey.
Ms. COLLINS. Mr. President, I ask unanimous consent that the pending
amendment be set aside.
The PRESIDING OFFICER. Is there objection? The Senator from Hawaii.
Mr. INOUYE. Mr. President, reluctantly I object. I suggest the
absence of a quorum so I may discuss this matter with Senator Collins.
The PRESIDING OFFICER. The Senator does not have the floor.
Objection is heard.
Ms. COLLINS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Ms. COLLINS. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 4218
Ms. COLLINS. Mr. President, I am not going to call up my amendment at
this time because I understand there is an objection on the other side.
But I
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am going to take advantage of this opportunity to discuss my amendment,
which is No. 4218. This is an amendment I have offered on behalf of
myself and Senators Inhofe, Alexander, Brown, Brownback, Gregg, Snowe,
Coburn, Bond, Murkowski, Voinovich, Burr, Begich, and Corker.
On April 22, a new Environmental Protection Agency regulation
regarding lead paint abatement went into effect. Lead paint has been of
great concern to me for a number of years. I actually joined with the
Senator from Rhode Island, Senator Reed, in holding field hearings on
the dangers of lead paint in older houses several years ago. It has
long been a concern of mine. I support the purpose of this rule because
we want to continue our efforts to rid toxic lead-based paint from our
homes.
I am deeply concerned, however, as are many of my colleagues, that
the EPA has completely botched the implementation of this rule. The
rule requires that contractors who were hired to do work in homes that
have lead paint must first be certified to perform this work. We put
the cart before the horse with this rule and the result is that the EPA
has not ensured that there is a sufficient number of trainers to
provide the training and the certification for these contractors. That
means many contractors simply cannot get the necessary certification in
most States.
The result is that small business men and women are losing out on
jobs at a time when many of them are in desperate need of work.
Ironically, it also means that lead paint that homeowners want removed
or mitigated will not be.
In my State of Maine, for example, as of last week we have only three
EPA trainers in the entire State to certify contractors. Just over 10
percent of the State's contractors have been certified. Hundreds of
Maine's contractors have signed up for the training but they have been
forced to wait. Their names are languishing on waiting lists, some for
as long as 2 months.
It is hard to envision how much worse a job EPA could have done in
rolling out this regulation and it is not as if EPA did not know this
was coming. EPA has had years to plan for the proper implementation of
this regulation. Unfortunately, the EPA's rule carries a big penalty
for contractors who do not get the required training. If contractors
who perform work in homes built before 1978 are not EPA certified, they
face fines of up to $37,500 per violation per day. Many of the painters
in my State doing this work don't earn $37,000 in an entire year. How
unfair it is when it is the EPA's fault in many cases that they are not
certified. The lack of training and the EPA fines are creating a no-win
situation. If contractors who have not received the EPA training work
in these older homes, they face the possibility of literally losing
their businesses, of being fined out of existence, due to the severity
of the EPA fines. Meanwhile, the lead paint remains, raising the threat
of lead poisoning and its significant health impacts.
I have been trying to work with EPA officials since this problem
first became evident to me in early March, but they have offered
absolutely no reasonable accommodations, no reasonable solutions. In
fact, it took the EPA 7 weeks to even offer any ideas for getting more
trainers to the State of Maine--and even then the EPA's proposals were
unworkable.
I come to the floor to offer a common sense solution to a problem
created by Washington's poor planning. My bipartisan amendment, which
is cosponsored by so many of my colleagues--and let me give the list
again. Senators Alexander, Inhofe, Brown, Brownback, Gregg, Snowe,
Coburn, Bond, Murkowski, Voinovich, Burr, Begich, and Corker--would
prohibit the EPA from imposing fines against contractors who have
signed up for the required training classes by September 30 of this
year. This delay will allow, I hope, adequate time for contractors to
comply with the law and to get the required training without fear of a
fine that could well put them out of business.
To be clear, our amendment does not stop the EPA from punishing those
who willingly break the law and endanger a child's well-being. It
simply gives the EPA more time to ensure that there is a sufficient
number of trainers in each State, and it simply protects that small
painter, that small businessman, that small contractor, from unfairly
being fined when it is the EPA's fault he or she cannot get the
required training.
Inconceivably, I have heard the EPA say it has trained an adequate
number of people in Maine, so let me give you the statistics for my
State, because they are typical of many States. First, EPA estimates
that there are only 1,400 contractors in Maine. In fact, however, there
are more than 20,000 contractors in our State; not 1,400, but 20,000
people who need to be trained.
EPA makes another erroneous assumption. It assumes that all of these
people are part of large businesses and that only one person at each
business needs to be certified.
EPA also assumes that contractors specialize in doing just old homes
or new homes. Completely false. That makes no sense at all in a rural
State such as Maine, which has some of the oldest housing stock in the
country and most painters are small shops, usually just an individual
who is self-employed. At most, he might be part of a small business
where there are two or three people who are doing the work. In
addition, these individuals work in mixed communities which have older
homes and newer homes. This is typical of every community in my State.
We cannot ask them to give up working in older homes simply because
an economist at the EPA does not understand what our housing stock
looks like in Maine. Furthermore, most of the EPA's classes have been
held in the southern part of the State. It is not feasible for people
to have to travel hundreds of miles in order to obtain this training. I
have heard that criticism and that problem from my colleagues in other
States as well, that the EPA is offering the classes only in cities and
has completely neglected the rural parts of their states.
My home State of Maine is not the only State trapped in this
bureaucratic dilemma. An EPA evaluation from early May shows, for
example, that Hawaii only has two trainers. I cannot imagine how that
can work in Hawaii given the islands. That is not feasible. Mississippi
has only one trainer in the entire State. Three States--Louisiana,
Wyoming, and South Dakota--do not have a single EPA-certified trainer.
This is just not fair. It is not fair that these small contractors
live under the threat of these onerous fines that would put many of
them out of business, when it is not their fault they cannot obtain the
training--it is EPA's fault.
All of us understand that lead is a dangerous toxin and we must work
to do whatever we can to keep our homes and our children safe. But the
burden should not fall upon the shoulders of small contractors and
construction professionals, painters and others, who are trying their
best to comply with EPA's rule.
Spring is home renovation season in most States. The small business
men and women of Maine are just gearing up for the spring and summer
months, and they are trying to recover from the great recession which
has been so hard on their businesses. The onerous and unfair fines of
more than $37,000 per day could put many of them out of business even
as they wait for an EPA training class to become available.
As they are waiting, if they choose not to do this work, they are
losing income as well, and that is unfair. All I am attempting to do
with this amendment is provide the EPA with more time in order to
increase the number of certified trainers and the offering of these
classes.
With enough trainers, we can eventually ensure the success of this
program. But without enough trainers, we are guaranteeing its failure
and penalizing innocent contractors who are simply trying to make a
living and who have been unable to secure the training required by the
EPA.
I urge my colleagues to support my amendment.
The PRESIDING OFFICER. The Senator from Minnesota.
Ms. KLOBUCHAR. I ask unanimous consent to speak as in morning
business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Kagan Nomination
Ms. KLOBUCHAR. I rise today to discuss the President's nomination of
Solicitor General Elena Kagan to be an
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Associate Justice on the U.S. Supreme Court. The Supreme Court
confirmation hearing for Solicitor General Kagan will begin on June 28.
But my consideration of her will not begin then. As so many of my
colleagues, I began considering her the day her nomination was
announced because I want to learn as much as I can about President
Obama's choice to fill one of the most important jobs in the land, a
job as a Supreme Court Justice.
Even though there are many questions we all still need to ask this
nominee, and we do that in the hearings, I would like to speak today on
how she appears to me based on her initial job interview, the interview
I had in my office, and the work that has been done so far to gather
information about this nominee.
After meeting with her and hearing about her, I can tell you that I
am very positive about her nomination. Solicitor General Kagan is an
intellectual heavyweight who brings an incredibly broad variety of
legal experiences to this nomination. In so many of the legal jobs that
she has had, she has been a trailblazer.
In 2003 Kagan became the first woman in Harvard Law School's 186-year
history to serve as dean. It is hard enough to manage lawyers, as I
know from my former job as county attorney, much less manage law
professors. She did it with much aplomb.
In 2009 she became the first woman to serve as Solicitor General, the
chief lawyer representing the interests of the American people before
the Supreme Court. One particularly interesting aspect of her
background is that she has worked in all three branches of government.
She served as a Supreme Court clerk, as an adviser to then-Senator
Biden when he was the chairman of the Senate Judiciary Committee, and,
of course, she has worked in two different Presidential
administrations: in the White House Counsel's Office as a domestic
policy adviser and now as Solicitor General.
When I look at her resume, I notice two things: One, she has an
appreciation of how the law impacts the lives of ordinary Americans.
When you are involved in considering the nitty-gritty details of
different policies, when you have to figure out where to compromise to
protect Americans, and where to hold firm on a piece of legislation or
a position you take, you have to know exactly what the consequences of
your recommendations will be. You have to think about the lives that
will be impacted.
The second thing I notice is she has a track record of listening to
different viewpoints and bringing people together, whether it was her
track record of recruiting law talents while dean, whether it was
conservative law professors or liberal law professors, or working with
Senators from both parties on tobacco legislation. She has practical
experience reaching out to and working with people who have very
different beliefs and views than she does. That is increasingly
important on a very divided Supreme Court.
Some of my colleagues have questioned whether she is fit to be a
Supreme Court Justice because she has never been a judge. First, I have
to wonder whether these same colleagues would have objected to putting,
say, Chief Justice Rehnquist on the Supreme Court--he was not a judge
before--or Justice Brandeis or Justice Frankfurter because they did not
have any judicial experience. Would that have been the excuse, because
they were not nominated?
In fact, more than one-third of all Supreme Court Justices in the
history of this great country were not judges before. If we think about
the Court right now, every single one of them came from what has been
called the judicial monastery.
I think it is great that we actually have a nominated candidate that
came from a different part of the world, someone who was in the private
sector, someone who has worked in the U.S. Government, who has managed
people, who has had to make tough decisions. I think that is a good
thing. But, additionally, I think it is important that we bring someone
with that kind of perspective.
Solicitor General Kagan brings so many interesting legal experiences
to the table. Beyond that, her current job, Solicitor General, is
actually referred to as ``the Tenth Justice'' because it is such an
important position. She represents the American people before the
Supreme Court. That is incredibly important training for an
individual nominated to serve on the Court.
It is worth noting that the last Solicitor General who subsequently
became a Supreme Court Justice was no other than Thurgood Marshall,
Elena Kagan's mentor and former boss. So I hope we can put to rest this
idea that only judges are qualified to be Justices because if that were
the rule in this country, one-third of our Justices, so many of them
great ones, as noted by people from both sides of the aisle, would
never have gotten to the Court.
I also want to talk about one other issue that has come up in the 2
weeks since Elena Kagan was nominated. I wish I did not have to talk
about this issue because it is not worthy of discussion in this great
Chamber. It is not something we would be normally talking about with a
Supreme Court Justice.
But I learned last year, during Justice Sotomayor's hearings, that
Supreme Court nominations truly bring out the ``silly season'' in
Washington, DC. Last year, for example, there were stories and
comments, mostly anonymous it is worth noting, that questioned Justice
Sotomayor's judicial temperament.
According to one news story about the topic, ``[Judge Sotomayor]
develop[ed] a reputation for asking tough questions at oral arguments
and for being sometimes brusque and curt with lawyers who were not
prepared to answer them.'' As I said last year, where I come from
asking tough questions and having very little patience for unprepared
lawyers is the very definition of being a judge. As a lawyer, you owe
it to the bench and to your clients to be as well prepared as you can
be.
As Nina Totenberg said on National Public Radio:
If Sonia Sotomayor sometimes dominates oral argument at her
court--if she's feisty, even pushy--then she should fit right
in at the U.S. Supreme Court!
I think it was Justice Ginsburg during that time who commented: Well,
look at Breyer. Look at Scalia. She will fit right in.
This became an issue at our hearings and she was questioned about
this. I thought we had come to a time in our country where we could
confirm as many gruff, to-the-point female judges as we have confirmed
male judges.
Well, this year is no different. There was a lengthy article this
weekend in one of our major newspapers about Elena Kagan's clothing,
describing it as--I will say in rather critical terms, it talked about
at length her leg-crossing style. Now I have to say, I took note of
this since it was compared to my leg-crossing style.
I have to say I never thought I would be discussing this in this
Chamber. But, in fact, this was a major article that stirred much
commentary all over the blogs. I do not think such an article was ever
written about Chief Justice Roberts. I am trying to picture this, if he
was in a meeting with Senator Hatch, if there was a major article
written about the two of them and who was crossing their legs and who
was crossing their ankles and how they were facing each other. I do not
think that happened.
Was such an article written about Justice Alito or was such an
article written about Justice Rehnquist when he was being considered by
this great body? It is my 50th birthday today, and I must admit, I
thought we were somewhat beyond what happened to me when I was 10 years
old in Beacon Heights Elementary School and decided one day to wear
bell-bottom pants, flowered bell-bottom pants to fourth grade, and was
kicked out of my class by Mrs. Quady. I was told: At Beacon Heights
Elementary School girls only wear dresses. I had to go home and change
my clothes.
Well, a lot has happened since those days in fourth grade. Now on my
50th birthday, it is my hope that as we consider the Solicitor General
of the United States, Elena Kagan, she will be considered on her
merits, she will be asked tough but fair questions; the questions
should not be where does she shop, but, rather, does she have the
first-rate intellect, unimpeachable character, and judicial temperament
to join the highest Court in the land.
That should be what we are talking about at the hearing. That should
be
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what the press is focused on. That should be what my colleagues are to
decide on. Just think about how far we have come. When Sandra Day
O'Connor graduated from law school 50-plus years ago, the only offer
she got from a law firm was for a position as a legal secretary.
Justice Ginsburg faced similar obstacles. When she entered Harvard in
the 1950s, she was one of only 9 women in a class of more than 500, and
one professor actually asked her to justify taking a place that could
have gone to a man. Later she was passed over for a prestigious
clerkship despite her impressive credentials. In the course of more
than two centuries, 111 Justices have served on the Supreme Court. Only
three have been women. If confirmed, Elena Kagan would be the fourth
and, for the first time in its history, three women would take places
on the bench when arguments are heard this fall. Let's focus on what
matters. Let's focus on the credentials, on the qualifications, on how
she answers the questions, not on how she crosses her legs.
I yield the floor.
Amendment No. 4175, As Modified
The PRESIDING OFFICER. The Senator from Hawaii.
Mr. INOUYE. I ask unanimous consent the Lautenberg amendment No. 4175
be modified with the changes at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered. The
amendment is so modified.
The amendment, as modified, is as follows:
On page 79, between lines 3 and 4, insert the following:
(b) Reimbursement.--
(1) Definition of responsible party.--In this subsection,
the term ``responsible party'' means a responsible party (as
defined in section 1001 of the Oil Pollution Act of 1990 (33
U.S.C. 2701)) with respect to the discharge of oil that began
in 2010 in connection with the explosion on, and sinking of,
the mobile offshore drilling unit Deepwater Horizon in the
Gulf of Mexico.
(2) Liability and reimbursement.--Each responsible party--
(A) is liable for any costs incurred by the United States
under this Act relating to the discharge of oil that began in
2010 in connection with the explosion on, and sinking of, the
mobile offshore drilling unit Deepwater Horizon in the Gulf
of Mexico; and
(B) shall, upon the demand of the Secretary of the
Treasury, reimburse the general fund of the Treasury for the
costs incurred under this Act relating to the discharge of
oil described in subparagraph (A), as well as the costs
incurred by the United States in administering
responsibilities under this Act.
(3) Failure to pay.--If a responsible party fails to pay a
demand of the Secretary of the Treasury pursuant to this Act,
the Secretary of the Treasury shall request the Attorney
General to bring a civil action against the responsible party
(or a guarantor of the responsible party) in an appropriate
United States district court to recover the amount of the
demand, plus all costs incurred in obtaining payment,
including prejudgment interest, attorneys fees, and any other
administrative and adjudicative costs.
The PRESIDING OFFICER. The Senator from Maryland.
Mr. CARDIN. Mr. President, I had intended to ask unanimous consent to
set aside an amendment in order to offer amendment 4191, but I
understand there are certain Senators who want to review that amendment
before that request is made. That is certainly a reasonable suggestion.
I will withhold my request to offer the amendment. I hope I will have a
chance to offer it later. I want to let my colleagues know what I
intend to do.
This amendment would reestablish the moratorium on offshore oil and
gas drilling in the North Atlantic, Mid-Atlantic, the South Atlantic
and the Straits of Florida Planning Areas. As I am sure colleagues are
aware, several weeks ago the President indicated he would lift the
moratorium on offshore drilling along the Atlantic from the New Jersey-
Delaware border south all the way to the Florida Keys, that he would
also lift the moratorium on parts of Alaska, but that he would maintain
a moratorium on the Pacific coast and on the North Atlantic. Since that
announcement has been made we all know what has happened in the Gulf of
Mexico. We have seen what happened with the BP oilspill--the loss of
life and the horrific impact it has had on the environment.
When the President announced his policy of additional offshore
drilling sites, he stated, through the Secretary of the Interior, that
there are places in the United States that are environmentally too
sensitive to consider for new oil and gas exploration and production.
He cited the entire west coast of the continental United States and the
North Atlantic. Those who are familiar with the mid-Atlantic know it is
also too sensitive an area from an environmental point of view to take
the risk on new offshore drilling. I mention this specifically because
there is a lease sale site--220--50 miles off the Virginia coast and 50
miles due east of the entrance to the Chesapeake Bay, and just 60 miles
from the border of the Assateague Island National Seashore that is
actively being considered for oil exploration. Recently, the Department
of Defense weighed in with objections to that because naval operations
use a large part of that area. It is about 2.9 million acres.
My point is that expected reserves there are minuscule compared to
our national needs and the risk factors are significant. If we were to
have anywhere near the type of spill that happened in the gulf 50 miles
off the entrance to the Chesapeake Bay, it would have a catastrophic
impact for generations to come on the Chesapeake Bay and on the beaches
not only in Maryland and Virginia but in Delaware and New Jersey.
According to the National Oceanic and Atmospheric Administration, the
prevailing winds in our region blow toward the shore or along the shore
72 percent of the time, making it much more likely that any spill that
short a distance from the shore would end up affecting our coastal
areas. I say that knowing full well there is not much oil to drill for
out there.
It is interesting to point out that 79 percent of our recoverable
offshore oil and 82 percent of our recoverable offshore natural gas is
already open to drilling. The mineral companies already have
significant areas where they can drill. There is only a small amount
left. More important, if we go after all of our known oil reserves we
have in this country, we have less than 3 percent of the world's oil
reserves, known reserves. But we consume 25 percent of the world's oil.
It is clear to all of us that we need to develop an energy policy that
makes us energy secure, that helps us create and save jobs in America
and is friendly toward the environment. The best investment we can make
is in conservation, alternative and renewable energy sources, and
safely developing resources on existing leases in order to accomplish
that.
For many years, there was a moratorium on offshore drilling. That
moratorium was imposed by Congress and by Executive Orders. But we were
unable to extend the Congressional moratorium in 2008 and because of
the actions of the previous administration, that moratorium no longer
exists. The purpose of this amendment is to say that none of the funds
made available in this act--and there are funds made available in this
bill to deal with the oil spill issue--can be used for pre-leasing,
leasing or any other activity off the Atlantic coast or the Straits of
Florida. The west coast is protected; the administration did not
propose drilling there. So, too, is the North Atlantic. But to be as
emphatic as possible, I included the North Atlantic Planning Area in my
amendment to send a message that we don't want drilling anywhere from
Maine to the Florida Keys. Alaskans have their opinions on the way that
they believe drilling should be handled there. We can get to that
legislation separately. Certainly, with BP Oil currently under
investigation, I hope it will be the unanimous view of this body that
we don't want to see any new areas drilled until after we have had a
full investigation into what happened in the Gulf of Mexico, to find
out why we didn't have the regulatory system in place to protect our
environment and protect public safety, to protect small businesses and
property owners, and to protect taxpayers, why that regulatory system
was not in place.
Before we consider new areas, we certainly want to make sure we have
reviewed the regulatory structure that is in place and taken the steps
necessary to fix it. This amendment would express our intention that
until that is done, we don't want to see any new offshore drilling
sites along the Atlantic coast.
I hope we go further. Quite frankly, I hope we go further and say we
should
[[Page S4191]]
not be doing any new drilling anywhere in this country until we find
out what went wrong so that we have corrected that. I am talking about
offshore drilling. We should at least be able to correct what was the
mistake with regard to BP Oil and the Deepwater Horizon rig. But at a
minimum, these areas along the Atlantic coast where we currently don't
drill should be off limits until we have completed the full review.
That is the purpose of my amendment. I hope the chairman and ranking
member will give me an opportunity to offer this amendment. I have
heard from the Parliamentarian's Office that it would not be subject to
a Rule XVI point of order and I believe it is germane. I believe we
have a responsibility to act on this issue on this supplemental
appropriations bill, because this truly is an urgent issue that has
become much more urgent as a result of the spill in the gulf.
Mr. INHOFE. Will the Senator yield for a question?
Mr. CARDIN. I am glad to yield.
Mr. INHOFE. For clarification, I know he expressed his sentiment that
he wishes to stop all drilling offshore. But for the purpose of this
amendment, it is confined to two areas, and it is only until such time
as the investigations underway are completed; is that correct?
Mr. CARDIN. This amendment deals with the three Atlantic Planning
Areas (North, Mid, and South) and the Straits of Florida Planning Area
only, and it only becomes operational as long as this supplemental
appropriations bill is in effect--through the end of the current fiscal
year.
Mr. INHOFE. It is a 1-year moratorium. It is not tied to the
investigation?
Mr. CARDIN. No, it is not tied to the investigation.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. INHOFE. Let me make a couple comments about the comments of my
friend from Maryland concerning the opportunities we might have to
exploit our resources in the United States. I hear quite often people
say that we only have 3 percent of the world's reserves. The only
reason that figure is so low is because we can't go ahead and go after
and define our recoverable reserves. CRS came out about 2 months ago
with a report that we are No. 1 in the world in recoverable reserves of
gas, oil, and coal. We have done a study, not a part of any formal
study, but to determine where we would be if we, like every other
country in the world, would exploit our own resources, where we would
be in terms of our dependency on the Middle East for the ability to
provide the energy we need. In a short period, just on this North
American continent, Mexico, Canada, and ourselves, if we would lift all
restrictions we currently have, we would be able to be independent of
the Middle East.
A lot of people who are concerned about the national security
ramifications of our dependency on the Middle East are concerned about
the Middle East. They are not concerned about Canada or Mexico. They
are not concerned about the North American continent.
For those people who don't want to drill offshore, certainly now is
the time to stand up and say: Look what happened down here, a horrible
disaster. But those people who have never wanted, at least in the 20
years I have been here, to drill offshore or even in some of the other
areas that are now off limits are people who don't think fossil fuels
have a place in our energy mix. Quite frankly, I am glad President
Obama has changed his position and is now recognizing that fossil
fuels, more clean coal technology and therefore more coal, more gas,
more oil is something he would support. It is nice to talk about
renewables. It is wonderful. We have more windmills in Oklahoma than
any State right now. But until technology gets to the point where we
can efficiently produce energy from renewables, we still have to run
this machine called America. We can't do it without fossil fuels.
I am a little bit prejudiced. I come from Oklahoma. We are one of the
largest producing States. Ours are mostly marginal wells, shallow
wells. They are not the giant ones. That is the reason I have been on
the floor several times objecting to the Menendez limits or caps they
are talking about putting on something that would be unrealistic, that
would shut down any opportunities for independents and confine all
offshore drilling to the five majors plus the NOCs. That is the
national oil companies, mostly talking about China.
I am concerned about that. I know right now we would be in a position
to do something, and we could become energy sufficient in the North
American continent within 5 years, if we would exploit our own energy
resources.
Amendment No. 4218
That is not the reason I am here this afternoon. I just happened to
come in. I wish to comment on amendment No. 4218 by Senator Collins.
She was here a little while ago. I had an amendment that would do
essentially the same thing. It was the Inhofe-Collins amendment. This
is the Collins-Inhofe amendment. It takes a slightly different
approach. I support both amendments, although I am withdrawing mine in
her favor.
This is the problem we have. On April 22, the EPA came out with a
rule that made the statement that in the event you disturb any 6 square
feet of a building structure that is older than 1978, then you have to
have a permit from the EPA to become certified to work on such a
building. If you don't do it, there is a penalty provision of some
$37,500 a day. Realistically, we know they would not fine somebody
$37,500 a day. But unfortunately, a lot of the contractors who do that
kind of work are individuals who don't know that is nothing but a bluff
to keep people from doing things. We very much want to participate in
this dialog.
I think there may be a procedural problem that someone is whispering
about here; is that correct? OK, I am sorry. I forgot to ask to be
considered as in morning business. I ask unanimous consent at this
time.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. INHOFE. This is a problem. I used to be in this business on some
scale. The smaller contractors are the ones who do the renovation
business. That means if they try to go out there and even replace one
window, you can't replace the window without disturbing 6 square feet.
Therefore, you would come under the provisions of this new rule, and
you would be subjecting yourself to a fine of $37,500.
So my bill that would have resolved the problem was not quite as good
as the Collins bill, but it would have merely said that until such time
as there are adequate numbers of people who are certified to do this
work, we would not enforce the law.
Well, the problem we are having right now is--and I have a list of
the different States--in my State of Oklahoma, there is only one
certified instructor. We have all these people wanting to take the
course but they cannot get in, and they cannot do the work because of
the heavy fine provisions.
So what Senator Collins has done in her amendment is say that the
penalty provision--the $37,500 a day--would be waived until September
30. That would allow the EPA to get certified instructors into all the
States so the people who want to become certified can become
certified--in the meantime, not miss this summer's construction season.
It is a very simple thing. I can assure you, this is a huge jobs bill
because right now these people are not working. We are talking about
thousands and thousands, in just my State of Oklahoma, of
subcontractors who do this kind of work.
I strongly support the Collins-Inhofe amendment No. 4318. It is a
jobs bill. It is a bill of fairness.
With that, I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant editor of the Daily Digest proceeded to call the roll.
Mr. INHOFE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. INHOFE. Mr. President, for clarification, I knew people were
walking around talking. I apologize to Senator Cardin. I have no
objection to him offering his amendment. I would say, I was wanting to
get clarification on the amendment so I would know how I wanted to
vote. That is all.
I suggest the absence of a quorum.
[[Page S4192]]
The PRESIDING OFFICER. The clerk will call the roll.
The assistant editor of the Daily Digest proceeded to call the roll.
Mr. KAUFMAN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Cardin). Without objection, it is so
ordered.
Mr. KAUFMAN. Mr. President, I ask unanimous consent to speak as in
morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Financial Regulatory Reform
Mr. KAUFMAN. Mr. President, we are about to go to a conference on the
financial reform bill for Wall Street reform. I want to spend a few
minutes to talk about some of the provisions that I think are extremely
important to survive in conference.
What brought my attention to speak today is what is going on in
Europe right now. You will hear people talk about this bill, and they
will say: Well, there is no problem anymore. We have straightened out
the mortgage problem. This all happened. Some kind of a typhoon came
through here and wrecked the housing business. If we get that
straightened out, we can move right on.
I do not see it that way. I do not look at it as some kind of natural
disaster. Clearly, the housing bubble was a big part of it, but there
were still systemic problems in our financial system which have been
around for quite a while. If you go back and look at the 1929
Depression, in 1933, the Senate of the United States and the House and
the President got together and we made rules and we made laws to
correct it so it would never happen again. We passed a bill such as
Glass-Steagall which basically said if you want to be a commercial
bank, that is fine. But if you want to be a commercial bank, you cannot
be an investment bank. We put in the uptick rule on short selling. We
put in margin requirements. We created the FDIC. The Congress of the
United States legislated because it was such a serious problem.
For 50, 60 years we did not have a major problem. We had problems,
but not major problems. Think about before 1929. The 19th century was
full of bank panics. What happened? Why did we go through 50 or 60
years without a problem?
I think when you look at it, you have to say we made some major
mistakes during the late 1990s and into the 2000s in the way we carried
on our business in the financial market. One by one, we stripped away
these protections. It culminated in 1999 with the Graham-Leach-Bliley
Act, which did away with Glass-Steagall. We allowed commercial banks to
get into all kinds of businesses, all kinds of risky businesses. We
allowed them to get into derivatives. Our regulators went home and
said: Hey, look, we didn't need regulation. Let the free market work it
out. Alan Greenspan and others were saying: Let the market work it out.
This was not just about housing. Housing is what set it off, but what
really set it off was we basically said, we do not need any regulators.
We decided to do play football, and we said: Do you know what. Those
referees on our football field keep blowing the whistle. How can we
keep playing when we have the referees blowing the whistle all the
time, closing things down? Let's get these referees off the field and
let the people play. We all know what happens in football, and we all
saw what happened here.
What concerns me the most is--I think we have done some good things
to deal with the housing market and eliminating the housing bubble--
what we see happening in Europe should send a real chill through the
spine of everyone in this body. We have seen the EU and the IMF
scramble to put together an almost $1 trillion emergency package to
forestall a full-blown series of sovereign debt crises in one country
after another. Sound familiar? Lehman Brothers, Bear Stearns, AIG, and
on. Greece, Spain, Portugal. Sound familiar? We see what is happening
there.
German and French banks alone have more than $900 billion in exposure
to Greece and other vulnerable Euro countries, including Ireland,
Portugal, and Spain. Meanwhile, our top five banks have an estimated
$2.5 trillion in exposures to Europe.
On the front page of today's Wall Street Journal there is an article
on how European banks are saddled with higher funding costs because of
skepticism on whether the EU-IMF bailout plan will work.
I am a person who believes in the market. Look at what the market is
saying. The market is saying: You are going to have to pay a higher
funding cost. Do you know why? Because we are at risk. That is a sign.
It is not for people to sit around. We are at risk. Just like right
now, our major banks borrow at lower rates than every other bank in
America because people believe 75 basis points or 80 basis points--
because people believe the market sends a clear message that they think
those banks are still too big to fail. So this is an example of what is
going on in Europe and why we must make sure the bill that comes out of
conference is strong and why we must make sure we have done away with
too big to fail.
There are five issues I wish to talk about on the floor and go over
them. No. 1 is Merkley-Levin. People on the floor know that is a good
amendment, the President of the United States. The Volcker rule: Folks
have come to this floor and said the Volcker rule is already in this
bill. Well, this bill says the Rocker rule is in here. The Volcker
rule, as you will remember, says that commercial banks, banks, should
not be involved in proprietary trading.
If you want to be a commercial bank, be a commercial bank. That is
what we set up when we set up Glass-Steagall. We said be a commercial
bank. That is going to be a low-risk business. You may not get as high
a return if that is what you want to do, but do not get into these
risky things, do not get into this investment banking. Basically, what
this says is, do not get into the proprietary trading because
proprietary trading can be risky. If you want to be a commercial bank,
be a commercial bank. So what the present bill says is that it supports
the Volcker rule. It says you can do proprietary trading, but then it
sends it to the regulators, and says to the regulators, you can modify
this.
First of all, what is the Congress of the United States doing saying
to regulators, you can modify this? The buck stops here with us. We
should lay down what the rules are. That is what we did in 1929. We
passed laws. We made what the laws were. We do not turn them over to
regulators. By the way, many of these regulators--not the people but
the people who were in those positions--were the reason why we got to
where we are today, because they are the ones who pulled the referees
off the field.
So one of the things we should look at clearly coming out of this
conference is a strong Volcker rule, not one that can be modified by
the regulators, and that is basically the Merkley-Levin amendment.
The second thing is the provision by Senator Lincoln, the provision
on swaps dealers. The conference report should include Senator
Lincoln's provision to prohibit banks with swap dealers from receiving
emergency Federal loans. Again, if you want to be a bank, be a bank. Do
not get into these high-risk businesses.
By forcing megabanks to spin off their swap dealer into an affiliate
or separate company, section 716 of the Senate bill would help restore
the wall between the government-guaranteed part--the FDIC-insured
part--of the financial system and those financial institutions,
entities, that remain free to take on greater risk.
If you want to have risk, become an investment bank. Go into risky
business. Do not do that with commercial banks. Do not be luring our
commercial banks with up to, potentially, $2.5 trillion in exposure to
Europe. How many derivatives? How much are they still in derivatives?
That is what this is about. Let's get them out of the risky business of
derivatives.
Allowing massive derivatives dealers to be housed within banks
creates a moral hazard. Forcing banks to spin off large derivatives
dealers would end this moral hazard and force swaps dealers to
adequately price and capitalize the risks associated with these
activities. Again, commercial banks should be commercial banks. They
should not be in high-risk businesses.
Senator Collins' capital standards amendment. The conference report
should include some form of the Collins
[[Page S4193]]
amendment to ensure that bank holding companies and systemically
significant nonbank financial institutions are subject to capital and
leverage requirements as stringent as those that insured depository
institutions face under existing prompt corrective action regulations.
That just makes good sense. Set up the same regulations.
This amendment would, therefore, raise the capital bar for our
largest financial institutions, requiring them to hold more committed
and reliable forms of capital, namely, common equity and retained
earnings. This makes good sense.
Representative Kanjorski's systemic risk amendment. The conference
report should include Representative Kanjorski's amendment to require
the council, following consultation with applicable prudential
regulators, to take action against a financial institution that poses a
``grave threat'' to U.S. financial stability. This just makes good
sense.
These actions might include the imposition of enhanced capital and
other prudential standards, activity restrictions, and the sale of
assets or business lines, among others. This is what the regulators
should be doing. Hence, this amendment gives regulators added tools and
authority to impose strict standards and take preemptive actions
against financial institutions that pose outsized risks to the overall
system before a full-blown financial crisis occurs.
We cannot do what we have done before. We cannot say: Oh, everything
is going great, and then one day wake up with this incredible hangover.
We cannot wait for a full-blown financial crisis. That is key.
Resolution is one thing--how to resolve it once you get there--but we
have to spend our time on prevention to make sure this never happens
again, we never get to that point.
Finally, Representative Speier's leverage amendment. The conference
report should include Representative Speier's amendment to require the
Federal Reserve to set a minimum leverage level of 15 to 1 on all
systemically significant financial institutions. This is good financial
practice.
A statutory leverage limit of this kind will ensure a capital floor
for our largest banks and help ensure that regulators do not miss the
forest for the trees as they calibrate risk-based capital standards.
These are five important pieces to the puzzle that we should include
in this financial regulatory reform when it comes back from the
conference. This is our way to assure that never again do millions of
Americans find themselves out of work, millions of Americans find
themselves without a house, and that American taxpayers never again--
never again--will have to bail out the large banks.
I yield the floor.
Mr. COCHRAN. I suggest the absence of a quorum.
The PRESIDING OFFICER (Mrs. Hagan). The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. CARDIN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 4191
Mr. CARDIN. Madam President, I ask unanimous consent that the pending
amendment be set aside so that I may offer amendment No. 4191.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The assistant bill clerk read as follows:
The Senator from Maryland [Mr. Cardin] proposes an
amendment numbered 4191.
Mr. CARDIN. Madam President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To prohibit the use of funds for leasing activities in
certain areas of the outer Continental Shelf)
On page 81, between lines 23 and 24, insert the following:
Sec. 30__. None of the funds made available by this Act
shall be used by the Secretary of the Interior for the
conduct of offshore preleasing, leasing, and related
activities in the North Atlantic, Mid-Atlantic, South
Atlantic, and Straits of Florida Planning Areas of the outer
Continental Shelf described in the memorandum entitled
``Memorandum on Withdrawal of Certain Areas of the United
States Outer Continental Shelf from Leasing Disposition'', 34
Weekly Comp. Pres. Doc. 1111, dated June 12, 1998.
Mr. CARDIN. Madam President, first, I thank the chairman and ranking
member for allowing me the opportunity to offer this amendment. It
imposes a moratorium on offshore drilling along the Atlantic coast and
the Straits of Florida. I have already talked about the amendment. I
thank my colleagues for allowing it to be introduced.
With that, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. KYL. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. KYL. Madam President, in a moment, I am going to ask for the
regular order with respect to the Cornyn amendment for the purpose of
offering a second-degree amendment to the Cornyn amendment with one
additional request for appropriations--namely, about $200 million for
some court personnel and related facilities to accommodate taking
illegal immigrants who have violated the law by coming into the country
illegally and, after processing through the court system with lawyers
available, incarcerating those people for 2 weeks or, if it is multiple
offenses coming into the country illegally, for 30 days in most cases.
Where this has been done on the border, illegal immigration has
already come to a stop because going to jail represents a real
deterrent. To illustrate the difference between two sectors of the
border in Arizona, we can see how we could really make a difference for
a relatively small amount of money in controlling the border. It can be
done.
Arizona is divided into two halves. The eastern half is the Tucson
sector; the western half, going into California for about 30 or 40
miles, is the Yuma sector. Both have had huge problems with illegal
immigration.
In the last 5 years, illegal immigration in the Yuma sector has been
cut by 94 percent. That is huge. There is one other sector on the
border somewhat similar, the Del Rio, TX, sector, where this Operation
Streamline is also in effect. It has been cut dramatically there as
well.
In the other Arizona sector, Tucson, where Operation Streamline has
not been fully implemented, there are still about a quarter of a
million people per year crossing the border who are apprehended. Nobody
knows how many get across and are not apprehended. Estimates range from
three to four to five times as many. So in all likelihood, there are
about 1 million people crossing the border every year in the Tucson
sector, about a quarter of whom are apprehended. We need to provide a
deterrent for those people so they realize they should not cross.
About 17 percent of the people who are apprehended when they try to
cross illegally we find are criminals in the United States. They have
criminal records in the United States or are wanted for crimes here.
Obviously, those people do not want to be incarcerated when they are
caught. The remainder, the 83 percent, want to come here to work. They
just want jobs. But they cannot be providing for their families back in
Mexico, El Salvador, or wherever they might be from if they are in
jail.
The Yuma sector experience has found that as a result, if they know
for a certainty that they are going to go to jail if they are caught,
they stop trying because it is simply not worth it to them, and they go
someplace else on the border to try to come across. The number in Yuma
is staggering. Five years ago, we were apprehending 118,500 immigrants.
So far this year, it is about 5,000.
I was there about 6 weeks ago. I talked with the head of the Border
Patrol.
I said: What is it like just today?
He said: There is no activity.
I said: There has to be some.
He said: No. Most days, nobody tries to cross.
I said: That is pretty remarkable. Why?
[[Page S4194]]
He said: Three factors. We have 11 miles of double fencing in the
Yuma urban area, we have enough Border Patrol, and we have Operation
Streamline.
There are some other assets. They have cameras. There are lights. The
Marine Corps, which helps in the far eastern part of this sector near
the Barry Goldwater gunnery range, a place where jet airplanes fly and
drop bombs for practice, takes care of that. They have had pretty good
luck there. But there are no pedestrian fences. It is all vehicle
barriers in that area. And there is some radar out there.
The bottom line is, with a combination of these things, what they
have found is they can secure the border. It is relatively
inexpensive--I say ``relatively.'' You do have to have a defense
lawyer, a prosecuting lawyer, a court clerk, a judge, a courtroom, and
then you have to lease the jail space. Those things can be done.
What we are hoping is that we can begin to apply this same concept to
other sectors of the border and that in a relatively short period of
time, we can demonstrate that we can secure the border. When we do
that, not only will we have done what we are supposed to do as the
people who are in charge of enforcing the law, but then I think people
will have a much more open mind to consider other issues, such as
elements of comprehensive immigration reform. As I have said, we do not
need comprehensive reform to secure the border, but we do need to
secure the border to get comprehensive immigration reform. And this is
a good-faith effort to do it.
We have provided the funding. I will read it. It is very brief. This
is an additional amount to fully fund--it is called multiagency law
enforcement initiatives; ``multi'' because it is both the Department of
Homeland Security and Department of Justice.
These are already authorized under title II of the public law, but
this would be $200 million, $155 million available for the Department
of Justice and the remainder, $45 million, available for the judiciary.
That is for courthouse renovation, administrative support, including
hiring additional judges. The first part is hiring additional deputy
U.S. marshals, constructing or leasing temporary detention space, and
related needs of the Department of Homeland Security or Attorney
General.
At this time let me ask unanimous consent to return to regular order
for the Cornyn amendment, if that is the appropriate procedure for
offering my amendment as a second-degree thereto.
Amendment No. 4202
The PRESIDING OFFICER. The amendment is now pending.
Amendment No. 4228 to Amendment No. 4202
Mr. KYL. Madam President, I then send to the desk amendment No. 4228.
This is a Kyl-McCain amendment that would be offered as a second-degree
amendment to the Cornyn amendment.
The PRESIDING OFFICER. The clerk will report the amendment.
The assistant bill clerk read as follows:
The Senator from Arizona [Mr. Kyl] for himself and Mr.
McCain, proposes an amendment numbered 4228 to amendment No.
4202.
Mr. KYL. I ask unanimous consent further reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To appropriate $200,000,000 for a law enforcement initiative
to address illegal crossings of the Southwest border, with an offset)
At the end of the amendment, add the following:
(j) Operation Streamline.--For an additional amount to
fully fund multi-agency law enforcement initiatives that
address illegal crossings of the Southwest border, including
those in the Tucson Sector, as authorized under title II of
Division B and title III of Division C of Public Law 111-117,
$200,000,000, of which--
(1) $155,000,000 shall be available for the Department of
Justice for--
(A) hiring additional Deputy United States Marshals;
(B) constructing additional permanent and temporary
detention space; and
(C) established and other related needs of the Secretary of
Homeland Security and the Attorney General; and
(2) $45,000,000 shall be available for the Judiciary for--
(A) courthouse renovation;
(B) administrative support, including hiring additional
clerks for each District to process additional criminal
cases; and
(C) hiring additional judges.
(k) Offsetting Rescission.--
(1) In general.--Notwithstanding section 5 of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5),
$200 million of the amounts appropriated or made available
under Division A of such Act that remain unobligated as of
the date of the enactment of this Act are hereby rescinded.
Mr. KYL. I see another colleague here wishing to speak. I have
already explained the amendment, but I will summarize it by saying we
need to control the border. I believe it can be done. The Yuma sector
represents a good example of how it can be done.
I understand the President will be requesting some additional funding
for some additional personnel and so on. The Cornyn amendment would
provide funding specifically for some of the personnel who are needed
on the border and some of the related activity, both Federal and State.
Our second-degree amendment, offered for Senator McCain and myself,
would simply add the funding necessary to implement the Operation
Streamline portion of this that would provide the deterrent so people
would not want to cross the border illegally because if they got
caught, there would be a virtual certainty they would be incarcerated
for a relatively short period of time but more, obviously, than any of
them want to spend in jail.
For this deterrent to work we need this additional funding. I hope
when we have an opportunity to vote my colleagues will ask any
questions. I am willing to discuss this on the Senate floor or
privately if they like. There is a lot of other information we can
provide that describes this. I think it is a reasonable approach and
certainly on this supplemental appropriation legislation--which helps
to fund the military needs of our country, even the National Guard if
that is to be funded. This is a complement to that which I think is
totally appropriate in this particular legislation.
I appreciate my colleagues' indulgence and yield the floor.
The PRESIDING OFFICER. The Senator from Delaware is recognized.
In Praise of Steve Shackleton
Mr. KAUFMAN. Madam President, I rise once again to recognize one of
our Nation's great Federal employees.
This weekend, Americans will be observing Memorial Day, which also
marks the unofficial start of summer. It is a tradition for families to
gather at picnics and spend time together outdoors. Many will be
visiting parks, trails, and historical sites administered by the
National Park Service.
Every year, when Americans travel to our national parks--as many will
do this weekend they often take for granted the outstanding work
performed by National Park Service rangers.
The men and women who protect our National Park System and watch over
the safety of its visitors come from diverse backgrounds, yet they
share a dedication to public service and an abiding love for the land
we all so cherish.
The parks they administer on our behalf showcase the diversity of our
country's splendid natural geography. From Yellowstone to the
Shenandoah, from the gates of the Arctic to the Great Smoky Mountains,
these parks provide a refuge for wildlife and preserve our natural and
cultural heritage.
The experience of visiting these parks is often awe-inspiring. Surely
all who have ever stood at the rim of the Grand Canyon or at the foot
of a giant California Redwood felt their majesty and the stirrings of
tranquility they inspire.
These parks, trails, and historic sites are an excellent place to
take children, where they can learn firsthand about nature and the
importance of conservation.
This is why I have been working with Senator Carper to establish the
first State national historical park in Delaware, which would preserve
sites important to our State's colonial history. Currently, Delaware is
the only State without a national park.
Indeed, our great national parks, with their pristine natural beauty
and vast expanses of solitude, have stirred their souls of millions.
We have so much to learn from these parks, and so much to experience.
True remain the words from Shakespeare, who wrote of the wilderness
that in it we may ``find tongues in trees, books
[[Page S4195]]
in running brooks, sermons in stones, and good in every thing.''
Today, as my great Federal employee of the week, I have chosen to
honor one of the dedicated rangers who keep visitors to our national
parks safe, informed, and able to experience the parks' wonders.
Steve Shackleton has been a national park ranger for over a quarter-
century. He began his service in the 1980s at the Grand Teton National
Park in Wyoming, where he worked in the areas of search and rescue,
emergency medicine, and law enforcement. During that time, he spent six
summers fighting fires in California's Sierra National Forest.
Steve spent 14 years in Hawaii and Alaska working on resource
protection management. He holds bachelor's and master's of science
degrees in criminology from California State University in Fresno and a
master's of public administration from the University of Alaska,
Anchorage.
In the late 1990s, Steve came to Washington, where he spent 3 years
working in the National Park Service's legislative office and
undertaking a fellowship right here in the U.S. Senate. Afterward,
Steve became the superintendent of the Pinnacles National Monument in
California's central coast region.
From 2004-2005, he participated in the OPM's Federal Senior Executive
Candidate Development Program, which included study at Harvard's
Kennedy School of Government and Stanford's Graduate School of
Business.
For the last 7 years, Steve served as the chief ranger at Yosemite
National Park. In that role, he directed the park's programs in law
enforcement, wilderness management, fire prevention, search and rescue,
and remote medicine.
This February, Steve was asked to return to Washington, where he now
serves as the National Park Service's Associate Director for Visitors
and Resource Protection.
Steve's love of nature and America's natural heritage can be traced
to his father, Lee Shackleton, who himself had a long career as a park
ranger. Steve and his wife, Jane, have passed along this tradition of
caring for nature to their daughter, Dana, who is studying veterinary
medicine at the University of California, Davis.
I hope my colleagues will join me in recognizing the great work of
Steve Shackleton and all of America's national park rangers. This
summer, they will continue to watch over the safety of visitors and
serve as their guides to the splendor of our national parks.
The men and women of the National Park Service are all truly great
Federal employees.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. COBURN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Udall of Colorado.) Without objection, it
is so ordered.
Amendment No. 4232
Mr. COBURN. Mr. President, I wanted to spend a few minutes talking
about the bill before us and also call up two amendments. I will call
up the amendments first and get that out of the way.
I ask unanimous consent that the pending amendment be set aside and
that amendment No. 4232 be called up.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The bill clerk read as follows:
The Senator from Oklahoma [Mr. Coburn], for himself and Mr.
McCain, proposes an amendment numbered 4232.
Mr. COBURN. I ask unanimous consent that reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To pay for the costs of supplemental spending by reducing
Congress' own budget and disposing of unneeded Federal property and
uncommitted Federal funds)
At the end of the bill, add the following:
TITLE IV--PAYMENT OF COSTS OF SUPPLEMENTAL APPROPRIATIONS
SEC. 4001. REDUCING BUDGETS OF MEMBERS OF CONGRESS.
Of the funds made available under Public Law 111-68 for the
legislative branch, $100,000,000 in unobligated balances are
permanently rescinded: Provided, That the rescissions made by
the section shall not apply to funds made available to the
Capitol Police.
SEC. 4002. DISCLOSING COST OF CONGRESSIONAL BORROWING AND
SPENDING.
(a) In General.--The Secretary of the Senate shall post
prominently on the front page of the public website of the
Senate (http://www.senate.gov/) the following information:
(1) The total amount of discretionary and direct spending
passed by the Senate that has not been paid for, including
emergency designated spending or spending otherwise exempted
from PAYGO requirements.
(2) The total amount of net spending authorized in
legislation passed by the Senate, as scored by CBO.
(3) The number of new government programs created in
legislation passed by the Senate.
(4) The totals for paragraphs (1) through (3) as passed by
both Houses of Congress and signed into law by the President.
(b) Display.--The information tallies required by
subsection (a) shall be itemized by bill and date, updated
weekly, and archived by calendar year.
(c) Effective Date.--The PAYGO tally required by subsection
(a)(1) shall begin with the date of enactment of the
Statutory Pay-As-You-Go Act of 2010 and the authorization
tally required by subsection (a)(2) shall apply to all
legislation passed beginning January 1, 2010.
SEC. 4003. DISPOSING OF UNNEEDED AND UNUSED GOVERNMENT
PROPERTY.
(a) In General.--Chapter 5 of subtitle I of title 40,
United States Code, is amended by adding at the end the
following:
``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY
``Sec. 621. Definitions
``In this subchapter:
``(1) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(2) Expedited disposal of a real property.--The term
`expedited disposal of a real property' means a demolition of
real property or a sale of real property for cash that is
conducted under the requirements of section 545.
``(3) Landholding agency.--The term `landholding agency'
means a landholding agency as defined under section 501(i)(3)
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411(i)(3)).
``(4) Real property.--
``(A) In general.--The term `real property' means--
``(i) a parcel of real property under the administrative
jurisdiction of the Federal Government that is--
``(I) excess;
``(II) surplus;
``(III) underperforming; or
``(IV) otherwise not meeting the needs of the Federal
Government, as determined by the Director; and
``(ii) a building or other structure located on real
property described under clause (i).
``(B) Exclusion.--The term `real property' excludes any
parcel of real property or building or other structure
located on such real property that is to be closed or
realigned under the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
``Sec. 622. Disposal program
``(a) The Director of the Office of Management and Budget
shall dispose of by sale or auction not less than
$15,000,000,000 worth of real property that is not meeting
Federal Government from fiscal year 2010 to fiscal year 2015.
``(b) Agencies shall recommend candidate disposition real
properties to the Director for participation in the pilot
program established under section 622.
``(c) The Director, with the concurrence of the head of the
executive agency concerned and consistent with the criteria
established in this subchapter, may then select such
candidate real properties for participation in the program
and notify the recommending agency accordingly.
``(d) The Director shall ensure that all real properties
selected for disposition under this section are listed on a
website that shall--
``(1) be updated routinely; and
``(2) include the functionality to allow members of the
public, at their option, to receive such updates through
electronic mail.
``(e) The Director may transfer real property identified in
the enactment of this section to the Department of Housing
and Urban Development if the Secretary of Housing and Urban
Development has determined such properties are suitable for
use to assist the homeless.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 5 of subtitle I of title 40, United
States Code, is amended by inserting after the item relating
to section 611 the following:
``subchapter vii--expedited disposal of real property
``Sec. 621. Definitions .
``Sec. 622. Disposal program.''.
SEC. 4004. AUCTIONING AND SELLING OF UNUSED AND UNNEEDED
EQUIPMENT.
(a) Notwithstanding section 1033 of the National Defense
Authorization Act of 1997 or any other provision of law, the
Secretary of Defense shall auction or sell unused,
unnecessary, or surplus supplies and equipment
[[Page S4196]]
without providing preference to State or local governments.
(b) The Secretary may make exceptions to the sale or
auction of such equipment for transfers of excess military
property to state and local law enforcement agencies related
to counter-drug efforts, counter-terrorism activities, or
other efforts determined to be related to national defense or
homeland security. The Secretary of Defense may sell such
equipment to State and local agencies at fair market value.
SEC. 4005. RESCINDING UNSPENT AND UNCOMMITTED FEDERAL FUNDS.
(a) In General.--Notwithstanding any other provision of
law, of all available uncommitted unobligated Federal funds,
$80,000,000,000 in appropriated discretionary unexpired funds
are rescinded.
(b) Implementation.--Not later than 60 days after the date
of enactment of this Act, the Director of the Office of
Management and Budget shall--
(1) identify the accounts and amounts rescinded to
implement subsection (a); and
(2) submit a report to the Secretary of the Treasury and
Congress of the accounts and amounts identified under
paragraph (1) for rescission.
(c) Exception.--This section shall not apply to the
unobligated Federal funds of the Department of Defense or the
Department of Veterans Affairs.
Amendment No. 4231
(Purpose: To pay for the costs of supplemental spending by reducing
waste, inefficiency, and unnecessary spending within the Federal
Government)
Mr. COBURN. I ask unanimous consent that the pending amendment be set
aside and amendment No. 4231 be called up.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The bill clerk read as follows:
The Senator from Oklahoma [Mr. Coburn], for himself and Mr.
McCain, proposes an amendment numbered 4231.
Mr. COBURN. I ask unanimous consent that the reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Mr. COBURN. We have before us almost a $60 billion emergency
supplemental appropriations bill. This is about the eighth supplemental
bill we have discussed since I have been in the Senate--some
appropriate, some not.
But the thing that I think the American people need to know, given
the fact that this week our debt will be $13 trillion--this week--and
that does not count what we owe trust funds inside the government,
account money we have stolen from Social Security that will have to be
paid back; it does not count money that has been taken from the oil
recovery fund that will have to be paid back; it does not count the
money from the inland waterway trust fund and all of these other trust
funds. That is $13 trillion outside of what we have borrowed from
ourselves--$13 trillion.
So we have before us a bill that is an emergency supplemental
appropriations bill, and I thought it would be interesting for the
American people to see what the rules of the Senate say about what is
an ``emergency'' because nobody can say the war is an emergency. Since
September 11, 2001, there has been no emergency other than the fact
that we knew we were going to war. And the fact is, we have known that
at least for the last 5 or 6 years. Nobody can say that.
But when you look at the definition we are supposed to follow--our
own rules--about emergency designations, there are five
characteristics, and those five characteristics are, one, it is
necessary, it is essential, and it is vital. Well, some of this bill is
necessary, some of it is essential, and some of it is vital--not all of
it is by any means.
No. 2: Sudden, quickly coming into being, and not building up over
time. Well, this bill certainly does not meet that requirement, except
for a very small section of it.
An urgent, pressing, and compelling need requiring immediate action.
There is no immediate action here on anything, except maybe the FEMA
portion for both the upper Northeast and the flooding and Nashville,
TN, and its flooding. But we have $900 million sitting in FEMA right
now that has not been spent that we can start spending, so we don't
have to pass $5 billion right now.
Unforeseen, unpredictable, and unanticipated. Well, the war certainly
wasn't unforeseen, it certainly wasn't unpredictable, and it certainly
wasn't unanticipated. We have known it. So it certainly doesn't meet
that definition.
It is not permanent, it is not temporary in nature.
So we have what we are supposed to be following, and I would portend
that 98 percent of this bill doesn't meet the requirements of being an
emergency designation. Yet why are we calling it an emergency
designation? There is one real reason for that; that is, we don't have
to confine it in with the total amount we are authorized to spend. This
is outside of what we are going to spend. It is $60 billion that we are
going to borrow. We are going to borrow it. We are going to borrow it
from the children of the people who are in Afghanistan and Iraq who are
fighting this war. The people in this body aren't going to pay it back.
We are going to kiss it goodbye and we are going to say: Here is your
present, grandchildren. Here is a present for the kids of the
warfighter who is over there today, who is sacrificing, his family is
sacrificing, her family is sacrificing. But we are going to borrow it
from them.
And it is not that we haven't done it. We made a big fanfare about
that we were going to institute pay-go; that we were not going to
violate pay-go; that pay-go was going to force discipline on us. So we
passed a statute, and the President had a big signing--except here is
what has happened since we have signed it.
It was signed into law on February 12.
On February 24, we violated pay-go. We said the rule doesn't apply;
we have a need; we are going to spend $46 billion. So we spent $46
billion outside of the budget. We borrowed $46 billion. Oops.
March 2. We don't have the courage to eliminate lower priority parts
of the government. We borrowed another $10 billion.
All of a sudden, on March 3, then we borrowed $99 billion. Pay-go
didn't count. We just said: We waive pay-go. Sixty votes of the Senate.
We have no fiscal discipline--$99 billion.
April 14. We borrowed $18 billion. Did it again.
So if you add those up--and that doesn't count the last one we did. I
will bring a more accurate chart tomorrow when I talk about the rest of
these amendments. But so far, we have borrowed $173 billion, when we
said we are not going to borrow money anymore because we are going to
have pay-go that says that will force the discipline on us to put lower
priorities off the spending line, to put higher priorities on.
So just since February 12--it is now late May--we have borrowed $173
billion. We are going to add $60 billion here, and we have a tax
extender package that is coming with another $230 billion. That is $563
billion since February 12 that we are going to spend money--I
understand the majority leader is on the floor. Would you like time,
Mr. Leader?
Mr. REID. I appreciate my friend yielding. I am here. Why don't you
proceed, and when I get the necessary--
Mr. COBURN. I will be happy to yield to the leader.
Mr. REID. Thank you very much.
Mr. COBURN. So $\1/2\ trillion since we famously passed pay-go, and
we are going to waive it six times, and when we haven't waived it, we
have declared something an ``emergency'' so we do not have pay-go law
applying. The budget rules go out the window because it is an
emergency--except we do not meet the criteria for emergencies by our
own definition.
So what is this all about? Is it about playing a shell game with the
American people, to say we are going to do one thing and then turn
around and, before July 1, in 5 months--less than 5 months--we are
going to borrow another $\1/2\ trillion after we tell the American
people: Oh, no, we are not going to do that anymore.
We have an emergency. There is no question this country has an
emergency. Do you know what it is? It is a $13 trillion debt we have
today that is going to be $23 trillion 8 years from now. We have a debt
that is going to suppress our GDP by 1\1/2\ to 2 percent in what we
could normally grow because the government's debt is such a burgeoning
hangover on the capital markets. Yet we don't have the ability to do
what we promised the American people we would do.
[[Page S4197]]
You know, I feel as if I ought to read the signing statement of
President Obama when he signed pay-go and the statements of all of my
colleagues that said: This is the answer. Except that will not do any
good. The only answer is for the American people to hold us
accountable. I obviously can't. For 5\1/2\ years, I have been trying to
tamp down spending, to have us make a position that we are going to go
to the lowest priority, cut the lowest priority out so we can fund the
highest priority, and we have refused to do that.
So does it have real consequences, what we are doing today? There is
no question this bill is going to pass. There are votes in this body to
pass and add another $60 billion. What are the consequences? Well, the
consequences come about to our children.
You have seen this sign before. This is Madeline. This photo was shot
of Madeline as she walked around Capitol Hill. I actually had a visit
with her and her parents. When we first put this up here, she was only
$38,000 in debt. That was less than 6 months ago. Less than 6 months
ago, she only owed $38,000--per man, woman, and child in this country.
She is at $42,000 now. When we finish what we do before July 1, she
will be close to $50,000--per person in this country. If you
extrapolate what the budgets are going to be over the next 8 years, she
is going to be close to $200,000 in debt. And that does not count the
unfunded liability.
When this little lady is 28 years old, her responsibility, both in
terms of debt and unfunded liability, will be $1,113,000. We never
think about it in terms of young lives and how we are impacting them.
We can always rationalize away the ability to make hard choices. That
is what we are doing. Does anybody in this body not think we couldn't
squeeze $60 billion out of $3 trillion? Could we not do that? Are there
things less important than fighting the war? Are there things that are
more important about our future and less important about irritating
some special interest group because their program did not get funded?
Which is it? I vote with the kids and the grandkids. They supposedly
have a voice, except we routinely ignore it. That is what we are doing
with this bill.
I am not saying we should not fund the war. I am not saying we should
not create the money for FEMA for the projects we need. I am not even
saying we should not help Haiti where we can. What I am saying is that
we ought to pay for it by making hard choices that every family right
now is making. They are having to make choices between what is an
absolute must and everything else that is not. They don't have the
luxury of an unlimited debt service because their credit card company
has already said: You can't have any more. Their bank has already said:
No, you can't borrow any more. Their house and its equity has been
maxed out. They don't have any other choices. So they make the hard
choices.
We are kidding ourselves if we think we have another choice. We don't
have another choice. We are just delaying the time at which we make the
choice. The pain associated with delay is going to be twice as great as
the pain of doing it now.
John McCain and I are offering two amendments. The whole purpose of
the amendments is to give the body a couple of choices on how to pay
for this. It is not easy, it is not fun. But is it necessary? Is it
necessary for the health of our Nation? Is it necessary that we start
acting in the way the American people expect us to, which means we are
going to get rid of the things that are not as important as the things
in this bill?
I understand that is novel because the Congress has only had one net
rescission in the last 16 years. It occurred with the 1996
appropriations bill where we actually cut total government spending in
1996. We had the will to do it. The appropriators had the will to do
it. But we don't have that will anymore. The environment we face as a
country is three or four times more severe for our future than it was
in 1996.
So what is the disconnect? What is the disconnect that we would not
make hard choices? I am not going to say my choices are the best
choices; they are just my choices. But it ought to be rolled back to
the appropriators that this bill should have never come to the floor
unpaid for. They know more about spending than anybody in this body.
They are more qualified to make the cuts. But they chose not to make
the cuts in lower priority items to pay for this bill.
What is the choice? The choice is to indenture our children and
grandchildren. That is the choice we are making. When we choose not to
do it, we are choosing proactively to indenture our children and
grandchildren. We are better than that.
What is so sacrosanct? Do you realize in 2 weeks in December we found
640 instances of duplicate programs that had exactly the same goals
with multiple sets, 70 programs for food and nutrition for hungry
people. Why do we have 70 programs to help poor people get food? Nobody
can rationally explain why. We just have it. The reason we have 70 is
because we used to have 40. We didn't have any metrics on it so
somebody thought we ought to have another program for feeding hungry
people. So we put another program together. Then we funded it. But we
didn't have any metrics on it. So then we did it again, and we continue
to do it.
There are 640 different instances just like that, 70 programs to feed
the hungry across 6 different agencies--not just 1 but 6, none of them
with metrics, none of them working to see if they actually work, no
oversight hearings by the Appropriations Committee to see if they work
or the authorizing committee to see if they work. We have 70.
There are 105 to incentivize kids to go into math, engineering,
science, and technology, 105 programs across 9 agencies. That is just 2
examples out of the 640 sets of duplication we found.
Where are we going to eliminate some of that? When are we going to
accomplish what the American people are asking us to do? It is not
about eliminating food for the hungry. It is not about eliminating
incentives. It is about eliminating the management structure for 70
programs or 105 programs so we can have one or two good ones, and we
can have metrics on them.
I yield to the majority leader.
Cloture Motions
Mr. REID. Mr. President, I have two cloture motions at the desk. I
ask that they be reported.
The PRESIDING OFFICER. The cloture motions having been presented
under rule XXII, the clerk will report the motions to invoke cloture.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the committee-
reported substitute amendment to H.R. 4899, an act making
emergency supplemental appropriations for disaster relief and
summer jobs for the fiscal year ending September 30, 2010.
Harry Reid, Richard Durbin, John D. Rockefeller, IV,
Patty Murray, Debbie Stabenow, Benjamin L. Cardin,
Sherrod Brown, Kirsten E. Gillibrand, Mark Begich,
Robert P. Casey, Jr., Jack Reed, Patrick J. Leahy, Carl
Levin, Amy Klobuchar, Kay R. Hagan, Roland W. Burris,
Charles E. Schumer.
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on H.R. 4899, an act
making emergency supplemental appropriations for disaster
relief and summer jobs for the fiscal year ending September
30, 2010.
Harry Reid, Richard Durbin, John D. Rockefeller, IV,
Patty Murray, Debbie Stabenow, Benjamin L. Cardin,
Sherrod Brown, Kirsten E. Gillibrand, Mark Begich,
Robert P. Casey, Jr., Jack Reed, Patrick J. Leahy, Carl
Levin, Amy Klobuchar, Kay R. Hagan, Roland W. Burris,
Charles E. Schumer.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. COBURN. We now have cloture filed on a $60 billion bill. I don't
know what the intentions of the majority leader are but the fact is, we
are going to limit debate. We have been on this bill about a day or a
day and a half, $60 billion. We are going to cut off debate. We are
going to attempt to limit amendments and limit the debate. This is a
debate this country ought to be having. This is an opportunity for us
to do what the American people want us to do.
So 30 hours from now we will have a vote on cloture on this bill. We
also have cloture to end debate filed as well. What does that mean?
That means the American people are not going to get to hear everything
that is in the bill, No. 1. That means there will be a very limited
number of amendments that will be actually voted on.
[[Page S4198]]
By rule, we are going to close off our responsibility to Madeline. We
are going to say: Madeline, you don't count. We have to get out of
here. Don't you know Memorial Day vacation is coming? So we don't want
to be here. We have codels leaving Saturday morning. That has to be
more important than saving the Republic so we don't end up like Greece.
We are only about 4 or 5 years behind them. We are only 4 or 5 years
behind Greece. We are going to see this tremendous money flow come into
this country because people are worried about Europe. We are going to
see it come in from Japan because people will be worried about Japan
being able to pay their debts. We will feel all good and fuzzy for
about 2 years. After they inflate their currency or debase it or
default, the money is going to flow right back out. Guess who is going
to be looking over the abyss. The United States of America. We will be
at the same point. What is the problem? The problem is their spending
as a percentage of their GDP creates an environment where they can't
pay for their debt. That is where we are going to be.
My first degree was in accounting. I had a business career for 9
years before medical school. I can tell my colleagues, if we truly
accounted for the liabilities of this government, including Fannie Mae
and Freddie Mac--we refuse to recognize their liability--our debt would
be far in excess of $13 trillion. So what we are going to do is say
Senators' comfort is much more important than Madeline's future.
Let's talk for a minute about what the word ``indentured'' means.
That means you are under the control of somebody else. Your ability to
have free choice becomes limited because you are indentured. Is there
any wonder why we have trouble bringing hard core sanctions against
Iran, when the Chinese own $900 billion of our debt and the Russians
have $800 billion? Our debt affects our foreign policy. Our ability to
support our military is jeopardized by the very fact that we are making
a decision today to pay $33 billion for the war effort in Afghanistan
by not paying for it. We are jeopardizing our long-term future.
The other ironic thing in this bill, this body just passed a
financial regulatory reform bill, but we created a commission called
the Financial Inquiry Commission. In this bill we are appropriating on
an emergency basis $1.8 million for that inquiry commission that is
going to give us what went wrong and what we need to do about it in
December. We have already figured out we don't need them; We passed a
bill without that knowledge, without that look, without that in-depth
analysis of what went wrong because we had to get it done. Yet we are
going to continue to fund a Financial Inquiry Commission that we are
not going to do anything with the results of, and we are going to call
it an emergency.
How ludicrous is that? The whole purpose of the Financial Inquiry
Commission was to guide Congress in what to do. We have already ignored
them. We have already decided what we are going to do. That bill is in
conference. We are going to pass a financial regulatory reform bill
ultimately that is devoid of the recommendations of that commission.
But we are going to do the typical Washington thing. We are going to
continue to fund the commission, even though we are not going to use
its results. Why is that?
What does just $1.8 million out of a $60 billion bill, what does that
mean for her? Multiply that times thousands of times every year, the
stuff that we are doing that isn't a priority. Nobody can agree it is
still a priority that we ought to borrow $1.8 million to fund that
commission. You can't argue that is still a priority because we have
already made up our minds on financial regulation reform. But that
happens thousands of times a year, billions and billions and billions
of dollars.
These two amendments are tough amendments. I am not deceiving myself
to think that all of a sudden grown-ups are going to show up in the
Senate. They are not. Let me tell my colleagues what they do. The first
amendment will reduce our own budget. We gave ourselves a nice stellar
raise, not salarywise but for our own budgets. We are going to reduce
that budget for Members of Congress.
We are going to disclose on the Senate Web site the cost of borrowing
money and how many times we violate our own rules, pay-go. There should
be nobody who voted for pay-go who votes against that because if it is
good enough for us to use, it is good enough for the American people to
see.
We are going to dispose of unneeded and unused Federal Government
property, whether it is military, whether it is buildings, whether it
is lands--things we do not use, do not need but we are spending $8
billion a year taking care of. We can get tremendous savings from that.
That is what any other right-minded person would do. They would get rid
of the stuff they are not using so they do not continue to send money
down a rat hole.
We are going to rescind uncommitted and unspent Federal funds. We
have hundreds of billions of dollars setting that are not even in the
pipeline, and we are going to borrow more rather than more efficiently
use money we have. That is the first amendment; it is $60 billion,
$60.5 billion.
The second amendment is $59.6 billion. It is a 1-year freeze on
bonuses and raises and other salary increases for Federal employees.
They make 45 percent more than everybody else in this country doing
exactly the same thing, on average. We are going to cap the total
number of Federal employees. We have added 180,000 Federal employees in
the last 18 months--180,000.
We are going to collect unpaid taxes from Federal employees. We have
Federal employees who are working today who owe the Federal Government
$3 billion. We ought to collect that money. It ought to come out of
their paychecks. That is undisputed debt; that is not the disputed
portion. That is the undisputed portion of what they owe the IRS. For
everything except DOD we are going to ask for a 5-percent efficiency
gain in administration. Do more with less. Everybody else in this
country is doing more with less, except the Federal Government. We are
going to say: No, we cannot do that? Why not? It is interesting, on the
Debt Commission we had a good discussion with Dave Cote, who is the CEO
of Honeywell, explaining that every year they do more with less. They
spend less dollars to get more out. They have less people to produce
the same amount. It is called efficiency. It is called productivity--
except we will not apply that to our own government employees.
We are going to reduce nonessential government travel. It is billions
of dollars a year. If we are in a financial pinch--and I would love for
somebody to debate me that we are not--why would we not limit travel to
that which is only essential?
We are going to rescind money that Chairman Obey in the House
recognized on the WIC Program is not being used. We are going to strike
$68 million in U.N. emergency funding for the next fiscal year. Most of
the Members of this body voted for an amendment that required
transparency in the U.N. We give them over $6 billion a year. Twenty-
six percent of the budget for U.N. peacekeeping is ours; we pay for it.
Yet with an audit of their moneys, half of their moneys--over 60
percent of it--was found to be fraudulent. So we passed an amendment
out of the Senate, unanimously, that required transparency from the
U.N., except when it got to the conference committee it was not there
anymore.
I will tell you, the American people deserve to know where their
money is being wasted at the U.N. So we ought to clip that. We ought to
cut that back. We ought to say: You give us transparency; we will give
you money. You do not give us transparency; we will not give you money.
We are going to eliminate bonuses for poor contractor performance. Do
you realize the Federal Government pays bonuses for companies that
never complete their contracts? Two years ago, the Pentagon paid out $4
billion in bonuses to contractors who did not meet the standards for
the bonus, but they paid them anyway. Well, that makes a joke of the
contracting process. It also makes a joke out of us that we would allow
that to continue to happen.
So on these two amendments you will have plenty of opportunity with
which to make a decision on whether you want to be on the side of
Madeline or on the side of the elitism in Washington--the group that
does not care what America thinks. We know better. The group that says:
We are not in an emergency. We are not in a problem. We can continue to
spend money and not make hard choices.
[[Page S4199]]
There is an emergency, and the emergency is our very survival, our
economic survival, our survival as a republic.
I will close with the following: If you study the Roman Empire or if
you study the Athenian Empire, you will find common threads among both.
The No. 1 common thread is they fell after they became indentured in
their own fiscal policies. They could no longer support their military.
Their elected bodies refused to make tough choices.
We are sitting here saying: Europe, you have to make tough choices.
You have to get your spending in line with your productivity. We are
talking with a hollow ring to our voice because if there is anybody who
needs to get their spending in priority, it is us. I am not against
paying for the war. I am not against supporting our troops. I am not
against the FEMA money we need. I am against us not paying for it, and
I am very disappointed we have cloture filed this evening because what
that means is the American people are not going to see how we as
individual Members vote on tough choices.
I am going to have two tough choices out there. It remains to be seen
whether we get a chance to vote on them through the majority's ability
to cut off debate. But we ought to. We ought to do what is the best,
right thing for the country. We ought to be able to come together and
agree we should not abuse the emergency designation; that we should not
abuse pay-go; that, in fact, we should not delay making the hard
choices because the choices are just going to get harder. They are
going to get harder every year we do not do this.
Now is the time to start doing it. If we choose not to, then what we
are saying is: Madeline, as to your future, we are going to steal it
from you. We are going to steal opportunities for a future like we have
had. We are going to take those, and we are going to indenture her to
an economy that does not grow, with opportunities for an education that
will be limited, including the ability to own her own home. All those
things will come around.
We only have three ways to get out of the problem we are in. The
first way is we can default. Everybody says: Oh, no, you cannot say
that. You cannot talk about that. Well, when Moody's is getting ready
to downgrade our bonds from AAA, that is the first sign we are moving
in that direction.
The second thing we can do is have the Federal Reserve inflate our
way out of it to where that means the life savings of everybody are
going to be debased, and their purchasing power is going to go away or
markedly be reduced.
Or we can do the third thing: Not let either of those two bad things
happen by making hard choices ourselves on what we need to be doing--by
eliminating the junk, the waste, the duplication, and the fraud in the
Federal Government. It is there. It is there to the tune of $300
billion a year.
So when this extender package comes--whether it comes this week or
next week or the week when we come back--there is plenty of money to
pay for it, too, if we will just stand and be counted, not as Senators
but as Americans who would like to see the future bright for their
Madelines.
With that, Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Washington is recognized.
Mrs. MURRAY. Mr. President, I ask unanimous consent to speak as in
morning business for 10 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Big Oil Bailout Prevention Act
Mrs. MURRAY. Mr. President, I come to the floor today to strongly
support the legislation called the Big Oil Bailout Prevention Act. With
all we have seen in the gulf coast over the past several weeks, I have
to say I am more committed than ever in moving forward on three fronts
to protect our taxpayers, our families, and all of our workers across
the country.
First of all, I am going to keep working to hold BP accountable and
make sure taxpayers in Washington State and across the country are not
left holding the bag for this devastation. This is exactly what the Big
Oil Bailout Prevention Act is going to do.
Secondly, I am going to fight to guarantee that what we are seeing in
the gulf coast is never allowed to happen on the west coast.
Third, I am going to make sure BP, Transocean, and all industry
owners and operators are doing everything possible to protect their
workers and make sure tragedies like this do not ever happen again.
Here are the facts:
On April 20, 2010, there was a massive blowout and explosion on a BP
oil platform in the Gulf of Mexico. Eleven workers are still missing
and presumed dead, and 17 more were injured. That explosion caused a
gushing spill that has now poured hundreds of thousands of barrels of
oil into the gulf and threatens still to spill millions more. It has,
as we all know, created an environmental and economic tragedy the
magnitude of which we are only just beginning to comprehend.
It is threatening entire communities and industry, and now the oil
and chemical dispersants that are being sprayed into the gulf have the
potential to kill underwater wildlife and create underwater ``dead
zones'' for decades to come.
Those are the facts. Now, the questions are: Who should be
responsible for this cleanup? Who should bear the burden for big oil's
mistakes? Should it be the taxpayers, families, and small business
owners who are already being asked to bear so much today or should it
be the companies responsible for this spill, including BP--a company,
by the way, that made $6.1 billion in profit in the first 3 months of
2010 alone.
I cosponsored the Big Oil Bailout Prevention Act because, to me, the
answer is pretty clear: I believe BP needs to be held accountable for
the environmental and economic damage of this spill. I am going to
fight to make sure taxpayers do not end up losing a single dime to pay
for the mess this big oil company created.
To me, this is an issue of fundamental fairness. If an oil company
causes a spill, they should be the one to clean it up and pay for it--
not taxpayers. This bill I am talking about this evening eliminates the
current $75 million cap on oil company liability so taxpayers will
never be left holding the bag for big oil's mistakes.
This is straightforward, it is common sense, and it is fair. I have
to say, I am extremely disappointed this commonsense bill continues to
be blocked by some Republicans every time we bring it up. But I want
you to know, I am going to keep fighting for the Big Oil Bailout
Prevention Act to pass, and I am going to keep fighting so families and
taxpayers in Washington State and across the country do not end up
holding the bag.
The bottom line is this: If oil companies are going to make billions
of dollars in profits when times are good, they should not be allowed
to leave taxpayers hanging when they create a problem.
The Big Oil Bailout Prevention Act writes this commonsense policy
into law, and I urge every Senator to side with our taxpayers and
support this important legislation. But I do not think that is enough.
I have always been opposed to drilling off the coast of my home State
of Washington, and this tragedy is just one more very painful reminder
of the potential consequences of opening up our west coast to drilling.
The economic and environmental devastation that was caused by the
Exxon Valdez disaster 20 years ago is now still impacting industry in
my home State of Washington. Our coastal region supports over 150,000
jobs, and it generates almost $10 billion in economic activity, all of
which would be threatened if drilling were to happen off our west
coast.
That is why I am going to keep fighting for legislation that bans
drilling off the west coast and makes sure big oil companies are never
allowed to roll the dice with Washington State's economy and our
environment.
We need to hold big oil accountable and we need to make sure that
disasters such as this never happen again, but we also have to remember
the workers who were killed and injured in this horrible tragedy. We
cannot forget this is an issue that is larger than this one tragedy.
The entire oil and gas industry has a deplorable record of worker and
workplace safety. We have to make sure every worker is treated properly
and protected, and that companies that mistreat their workers are held
accountable.
We know the oil industry is able to operate under stricter safety
standards
[[Page S4200]]
and regulations because they are already doing just that in Europe and
in Australia, and even in Contra Costa County, CA, where the county has
a set of stricter guidelines that have now reduced injuries and
fatality rates. But we also know that worker safety should not be
measured just by injury rates. We should be looking at reducing
dangerous conditions--conditions such as fires or hazardous spills or
releases of toxic gases. Then when accidents do happen, we have to
record them, we need to learn from them, and we need to build on a
program to prevent them from ever happening again; and we need to make
sure our workers are treated with respect and their rights are
protected.
That is exactly why I am so concerned about the recent reports of
very callous and unacceptable treatment of Transocean workers in the
hours following that April 20 explosion. Those reports suggest that
Transocean put their bottom line above safety standards, above
environmental impact, and the well-being of their workers. I have
called on the company to release copies of legal waivers that surviving
crew members of the Deepwater Horizon were reportedly forced to sign
following that oil rig explosion. I am going to stay on top of this to
make sure that Transocean produces those requested documents so we can
get to the bottom of exactly how this situation was handled.
Workers everywhere ought to be confident that their employers are
putting their safety first, and companies that betray that trust have
to be held accountable. So I am going to work to make sure that
happens, and I am going to continue fighting to keep drilling away from
the Washington State coastline. I am going to keep pushing for this
bill to make sure taxpayers don't have to pay for big oil's mistakes.
Anyone deciding whether to support this legislation ought to ask
themselves a few simple questions: Who are you fighting for? Who are
you trying to help? Are you here to protect and shield big oil
companies or are you going to fight for our families and our taxpayers?
I support this legislation because, to me, the answer is pretty clear.
I urge all of our colleagues to allow this bill to pass so our
taxpayers in my home State of Washington and across the country can be
protected.
Mr. President, I yield the floor, and I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant editor of the Senate Daily Digest proceeded to call the
roll.
The PRESIDING OFFICER. The Senator from Louisiana.
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 4179
Ms. LANDRIEU. Mr. President, I come to the floor to offer some
amendments and to call up several amendments regarding the emergency
disaster loan program and SBA disaster loan relief on the underlying
bill.
I ask unanimous consent that the pending amendment be temporarily set
aside to call up amendment No. 4179, which should be at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:
The Senator from Louisiana [Ms. Landrieu] proposes an
amendment numbered 4179.
Ms. LANDRIEU. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To allow the Administrator of the Small Business
Administration to create or save jobs by providing interest relief on
certain outstanding disaster loans relating to damage caused by the
2005 Gulf Coast hurricanes or the 2008 Gulf Coast hurricanes)
On page 74, between lines 12 and 13, insert the following:
CHAPTER 12
INDEPENDENT AGENCIES
Small Business Administration
disaster loans program account
From unobligated balances in the appropriations account
appropriated under this heading, up to $100,000,000 shall be
available to the Administrator of the Small Business
Administration to waive the payment, for a period of not more
than 3 years, of not more than $15,000 in interest on loans
made under section 7(b) of the Small Business Act (15 U.S.C.
636(b)): Provided, That funds made available under this
heading may be used for any business located in an area
affected by a hurricane occurring during 2005 or 2008 for
which the President declared a major disaster under section
401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170): Provided further, That the
Administrator shall, to the extent practicable, give priority
to an application for a waiver of interest under the program
established under this heading by a small business concern
(as defined under section 3 of the Small Business Act (15
U.S.C. 632)) with not more than 50 employees or that the
Administrator determines suffered a substantial economic
injury as a result of the Deepwater Horizon oil spill of
2010: Provided further, That the Administrator may not
approve an application under the program established under
this heading after December 31, 2010: Provided further, That
if a disaster is declared under section 7(b) of the Small
Business Act (15 U.S.C.636(b)) during the period beginning on
the date of enactment of this Act and ending on December 31,
2010, and to the extent there are inadequate funds in the
appropriations account under this heading to provide
assistance relating to the disaster under section 7(b) of the
Small Business Act and waive the payment of interest under
the program established under this heading, the Administrator
shall give priority in using the funds to applications under
section 7(b) of the Small Business Act relating to the
disaster: Provided further, That the amount made available
under this heading is designated as an emergency for purposes
of pay-as-you-go principles and, in the Senate, is designated
as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010: Provided further, That the
amount made available under this heading is designated as an
emergency requirement pursuant to section 4(g) of the
Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2
U.S.C. 933(g)).
Ms. LANDRIEU. Mr. President, I have a series of amendments that will,
I believe, give some direct relief and support to individuals and
businesses that are struggling with the disaster that is going on in
the gulf area, as the Presiding Officer and everyone is aware. We have
a terrible situation on our hands. I know the Federal Government,
particularly the Coast Guard and the Department of the Interior, the
Department of Homeland Security, and others are doing everything they
can to stop the flow of this oil and to cap this well. While it is BP's
responsibility, it is also our responsibility to make sure it gets done
as soon as possible, and I know that is being worked on at many
different levels.
But in the meantime, as the Presiding Officer can imagine, there is a
tremendous amount of angst on behalf of the families and businesses
along the gulf coast. Many have already, unfortunately, been directly
affected in a very negative way.
So many of us have been working now for weeks thinking about what
things we could do that could give some direct relief and support and
help that didn't cost the Federal Government a huge amount of money,
because we understand we are in fiscal times of constraint, but we also
need to give help to people, and some confidence, now knowing that BP
has said, and under the law will be required, to pick up the full tab
on this.
The first amendment will allow the Small Business Administration--and
they already have funding to do this and are supportive of this
amendment--to provide relief of up to $15,000 of interest on current
loans that are outstanding from previous disasters. Because when we
think about it, one of the most troubling aspects of this is that this
emergency is happening in the same place that Katrina and Rita took
place--along the gulf coast--so businesses that are still trying to pay
off loans from the last disaster are now, unfortunately, having to
contemplate the idea that they may have to take out additional economic
injury loans to help them through this. What I think we can do is
allocate some money we already have allocated in that budget for this
purpose, and it would be a tremendous help.
That is what the first amendment does. It would also require the SBA
to prioritize applications for businesses with fewer than 50 employees
or less, and businesses impacted by this recent Deepwater Horizon
spill. It gives some targeted relief, and it could be significant. Some
of these businesses could waive basically almost all of their interest
associated with their loans which could cut their payments either
[[Page S4201]]
in half or by three-quarters. According to some of the analyses we have
done, there are about 11,700 loans outstanding in the gulf, so that
would be a great help.
Amendment No. 4180
Mr. President, I ask unanimous consent that the pending amendment be
temporarily set aside to call up another amendment that is at the desk,
amendment No. 4180, disaster loan referral.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:
The Senator from Louisiana [Ms. Landrieu] proposes an
amendment numbered 4180.
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To defer payments of principal and interest on disaster loans
relating to the Deepwater Horizon oil spill)
On page 79, between lines 3 and 4, insert the following:
SEC. 2002. DISASTER LOANS.
For any loan under section 7(b) of the Small Business Act
(15 U.S.C. 636(b)) made as a result of the discharge of oil
that began in 2010 in connection with the explosion on, and
sinking of, the mobile offshore drilling unit Deepwater
Horizon, the Administrator of the Small Business
Administration shall defer payments of principal and interest
for not longer than 1 year after the date of disbursement of
the loan. For a loan described in this section, the
Administrator shall accept as collateral, where practicable,
the interest of the applicant in a claim against British
Petroleum relating to the discharge of oil.
Ms. LANDRIEU. Mr. President, this amendment is another tool we can
use to give help to these businesses along the gulf coast. It would
actually set up a relatively new procedure but based on past action.
This procedure would allow the SBA, in giving out an economic damage
loan, to substitute the collateral that is normally required, which
would be a house or some asset--a boat or something else--to substitute
that for the pending BP claim, so that it is technically a loan, but it
is acting as a cash advance, to keep businesses in business, to keep
lights on, to keep mortgages being paid. I understand the SBA is
looking closely at this and may very well want to do it, and this would
authorize it.
That is the essence of this amendment, which is to give up to $2
million in what would be technically a loan, but with these changes I
am proposing would actually act as more of an advance, because no
interest or principle would be due for a year. Then, of course, we hope
that by then, and maybe even before then, BP meets all of its
obligations and all of its claims. A year may be enough time and, if
not, we have language that would extend it.
Amendment No. 4184, As Modified
With that, I ask unanimous consent that the pending amendment be
temporarily set aside to call up amendment No. 4184.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. LANDRIEU. I ask unanimous consent that my amendment No. 4184 be
modified with the changes at the desk.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:
The Senator from Louisiana [Ms. Landrieu] proposes an
amendment numbered 4184, as modified.
Ms. LANDRIEU. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment, as modified, is as follows:
(Purpose: To require the Secretary of the Army to maximize the
placement of dredged material available from maintenance dredging of
existing navigation channels to mitigate the impacts of the Deepwater
Horizon Oil spill in the Gulf of Mexico at full Federal expense)
On page 30, between lines 6 and 7, insert the following:
Sec. 4__. (a) The Secretary of the Army may use funds made
available under the heading``operation and maintenance'' of
this chapter to place, at full Federal expense, dredged
material available from maintenance dredging of existing
Federal navigation channels located in the Gulf coast region
to mitigate the impacts of the Deepwater Horizon Oil spill in
the Gulf of Mexico.
(b) The Secretary of the Army shall coordinate the
placement of dredged material with appropriate Federal and
Gulf Coast State agencies.
(c) The placement of dredged material pursuant to this
section shall not be subject to a least-cost-disposal
analysis or to the development of a Chief of Engineers
report.
Ms. LANDRIEU. Mr. President, this is a very important amendment, and
it is something that our delegation has actually been working on for
quite some time, and we have actually passed it before in the Senate,
which is a happy circumstance.
This language has been unfortunately taken out in conference on
several occasions by the Corps of Engineers, so I am thinking now that
this disaster has maybe helped them to rethink the worthiness of this
amendment, because, again, it doesn't add any money to the Federal
budget. This amendment will allow beneficial use of dredged material,
so when the Corps of Engineers spends the $170 million we give it every
year to dredge our channels, to keep our navigation channels open, they
can take that dredged material and use it for a beneficial use. That
might be restoring a marsh. It might be building a levee, and it might
be stopping oil from hitting the coastline, which would be a very good
use, in my mind, of that beneficial dredge material.
Right now, our State has a pending request to the Corps of Engineers
to try to help us build--not provide--well, we want them to provide
boom, but the boom isn't working very well, to be honest. We need them
to do some dredging, potentially a long number of miles, but strategic
dredging and building sand barriers to keep that oil from these
precious marshlands and estuary areas. This does not meet that full
request, but it does allow the Corps of Engineers in the budget
authority they already have to use some of that dredge material in a
very strategic way, and if we can pass this bill this week and get this
language to the President's desk very soon, which I hope we can, within
a few weeks it is possible this could go right to work in the gulf.
That is the essence of that amendment. It will help protect our
wetlands, again, within the budget constraints already in the
President's budget.
Amendment No. 4213
Mr. President, I ask unanimous consent that the pending amendment be
temporarily set aside to call up amendment No. 4213.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:
The Senator from Louisiana [Ms. Landrieu] proposes an
amendment numbered 4213.
Ms. LANDRIEU. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To provide authority to the Secretary of the Interior to
immediately fund projects under the Coastal Impact Assistance Program
on an emergency basis)
On page 81, between lines 23 and 24, insert the following:
SEC. 30__. COASTAL IMPACT ASSISTANCE.
Section 31 of the Outer Continental Shelf Lands Act (43
U.S.C. 1356a) is amended by adding at the end the following:
``(e) Emergency Funding.--
``(1) In general.--In response to a spill of national
significance under the Oil Pollution Act of 1990 (33 U.S.C.
2701 et seq.), at the request of a producing State or coastal
political subdivision and notwithstanding the requirements of
part 12 of title 43, Code of Federal Regulations (or a
successor regulation), the Secretary may immediately disburse
funds allocated under this section for 1 or more individual
projects that are--
``(A) consistent with subsection (d); and
``(B) specifically designed to respond to the spill of
national significance.
``(2) Approval by secretary.--The Secretary may, in the
sole discretion of the Secretary, approve, on a project by
project basis, the immediate disbursal of the funds under
paragraph (1).
``(3) State requirements.--
``(A) Additional information.--If the Secretary approves a
project for funding under this subsection that is included in
a plan previously approved under subsection (c), not later
than 180 days after the date of the funding approval, the
producing State or coastal political subdivision shall submit
to the Secretary any additional information that the
Secretary determines to be necessary to ensure compliance
with subsection (d).
``(B) Amendment to plan.--If the Secretary approves a
project for funding under
[[Page S4202]]
this subsection that is not included in a plan previously
approved under subsection (c), not later than 180 days after
the date of the funding approval, the producing State or
coastal political subdivision shall submit to the Secretary
for approval an amendment to the plan that includes any
projects funded under paragraph (1).
``(C) Limitation.--If a producing State or coastal
political subdivision does not submit the additional
information or amendments to the plan required by this
paragraph by the deadlines specified in this paragraph, the
Secretary shall not disburse any additional funds to the
producing State or the coastal political subdivisions until
the date on which the additional information or amendment to
the plan has been approved by the Secretary.''.
Ms. LANDRIEU. Mr. President, this is another I think smart action
this Congress could take to help the gulf coast and particularly the
State of Louisiana.
Before the Presiding Officer got to the Senate, in one of our last
energy bills we were able to fund a very important program called the
Coastal Impact Assistance Program. It is a precursor to the revenue-
sharing program I helped to implement some years ago, although the
money from that program hasn't yet started to flow. This was almost
like a downpayment. It took some money from the Federal budget that we
had made available, actually quite a bit--$1 billion--and divided it on
a formula based on production and miles of coastline to the four gulf
coast States that are bearing the brunt of this production, which is
very obvious, painfully obvious today.
The happy news is we got that program passed and the money has been
funded to the agency. The sad news is, it is still tied up in red tape.
So my amendment would expedite the dispersal of these funds,
particularly to States where programs have already been approved by the
Federal agencies in charge and when these programs can be shown to be
of use in fighting this current oilspill. The Presiding Officer knows,
because he has heard me give this speech 10 times in committee and at
least 25 times on the floor, if Louisiana and Mississippi and Alabama
and Texas had had some of this money from offshore oil and gas that has
gone almost all to the Treasury of the United States, we could have
before now done some things to build up our barrier islands, protect
our coastlines, protect our marshes, but we have been shortchanged year
after year after year. This amendment is not going to fix that problem,
but it will say that for the money Congress has already appropriated
for this program, it could be expedited to the States that have their
programs already approved, and that would be the State of Louisiana
which is in, unfortunately, the eye of this storm as well.
Amendment No. 4182
Mr. President, I ask unanimous consent that the pending amendment be
temporarily set aside so that I may call up an amendment No. 4182.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Louisiana [Ms. Landrieu] proposes an
amendment numbered 4182.
Ms. LANDRIEU. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(Purpose: To require the Secretary of the Army to use certain funds for
the construction of authorized restoration projects in the Louisiana
coastal area ecosystem restoration program)
On page 30, between lines 6 and 7, insert the following:
SEC. 4__. LOUISIANA COASTAL AREA.
Of the amounts appropriated or otherwise made available
under this chapter, the Secretary of the Army shall use
$19,000,000 for the construction of authorized restoration
projects under the Louisiana coastal area ecosystem
restoration program authorized under title VII of the Water
Resources Development Act of 2007 (Public Law 110-114; 121
Stat. 1270).
Ms. LANDRIEU. This amendment will cost $19 million, but in some ways
it is simply advancing what the President already has in his budget for
these very important projects. President Obama should get a tremendous
amount of credit for being the first President in the last decade or
more--actually, the last 15 or 16 years--to actually fund a
construction project on Louisiana's coast--a wetlands construction
project. All we have been doing for the last 35 years is studying the
situation. It has been very difficult for our delegation, and maybe it
won't be so difficult, now that people have watched us go through
Katrina and Rita, and now the oilspill, to understand the impact we
have been talking about.
It is hard to even say this, but neither President Clinton nor
President Bush--although we had many plans that had been approved--ever
sent any money for construction and for new programs for the wetlands.
We finally got President Obama, to his credit, to send in his budget to
us this year $19 million for the purpose of protecting vulnerable
coastal wetlands and strengthening the resiliency of that coast. So
while we have a score of $19 million--and I know we are trying to keep
the bill to a minimum--it is almost as if we might spend it now, and
save it later, as long as we don't respend the $19 million. It is in
the President's budget. It would be good to get that signal now from
the Congress that these programs can go forward.
I hope the administration will take a strong look at this. They have
already gotten a tremendous amount of credit, as they deserve, from the
people of Louisiana for even putting in the President's budget this $19
million, because we definitely need it. This would help us accelerate
that. I hope we can get that done.
Amendment No. 4234
Mr. President, I ask unanimous consent that the pending amendment be
set aside so that I may call up a final amendment, No. 4234.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The legislative clerk read as follows:
The Senator from Louisiana [Ms. Landrieu] proposes an
amendment numbered 4234.
Ms. LANDRIEU. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To establish a program, and to make available funds, to
provide technical assistance grants for use by organizations in
assisting individuals and businesses affected by the Deepwater Horizon
oil spill in the Gulf of Mexico)
Beginning on page 74, strike line 13 and all that follows
through page 79, line 3, and insert the following:
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount, in addition to amounts provided
elsewhere in this Act, for ``Economic Development Assistance
Programs'', to carry out planning, technical assistance and
other assistance under section 209, and consistent with
section 703(b), of the Public Works and Economic Development
Act (42 U.S.C. 3149, 3233), in States affected by the
incidents related to the discharge of oil that began in 2010
in connection with the explosion on, and sinking of, the
mobile offshore drilling unit Deepwater Horizon, $10,000,000,
to remain available until expended, of which not less than
$5,000,000 shall be used to provide technical assistance
grants in accordance with section 2002.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount, in addition to amounts provided
elsewhere in this Act, for ``Operations, Research, and
Facilities'', $13,000,000, to remain available until
expended, for responding to economic impacts on fishermen and
fishery-dependent businesses: Provided, That the amounts
appropriated herein are not available unless the Secretary of
Commerce determines that resources provided under other
authorities and appropriations including by the responsible
parties under the Oil Pollution Act, 33 U.S.C. 2701, et seq.,
are not sufficient to respond to economic impacts on
fishermen and fishery-dependent business following an
incident related to a spill of national significance declared
under the National Contingency Plan provided for under
section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
For an additional amount, in addition to amounts provided
elsewhere in this Act, for ``Operations, Research, and
Facilities'', for activities undertaken including scientific
investigations and sampling as a result of the incidents
related to the discharge of oil and the use of oil
dispersants that began in 2010 in connection with the
explosion on, and sinking of, the mobile offshore drilling
unit Deepwater Horizon, $7,000,000, to remain available until
expended. These activities may be funded through the
provision of grants to universities, colleges and other
research partners through extramural research funding.
[[Page S4203]]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
Food and Drug Administration, Department of Health and Human
Services, for food safety monitoring and response activities
in connection with the incidents related to the discharge of
oil that began in 2010 in connection with the explosion on,
and sinking of, the mobile offshore drilling unit Deepwater
Horizon, $2,000,000, to remain available until expended.
DEPARTMENT OF THE INTERIOR
Departmental Offices
Office of the Secretary
salaries and expenses
(including transfer of funds)
For an additional amount for the ``Office of the Secretary,
Salaries and Expenses'' for increased inspections,
enforcement, investigations, environmental and engineering
studies, and other activities related to emergency offshore
oil spill incidents in the Gulf of Mexico, $29,000,000, to
remain available until expended: Provided, That such funds
may be transferred by the Secretary to any other account in
the Department of the Interior to carry out the purposes
provided herein.
DEPARTMENT OF JUSTICE
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses,
General Legal Activities'', $10,000,000, to remain available
until expended, for litigation expenses resulting from
incidents related to the discharge of oil that began in 2010
in connection with the explosion on, and sinking of, the
mobile offshore drilling unit Deepwater Horizon.
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For an additional amount for ``Science and Technology'' for
a study on the potential human and environmental risks and
impacts of the release of crude oil and the application of
dispersants, surface washing agents, bioremediation agents,
and other mitigation measures listed in the National
Contingency Plan Product List (40 C.F.R. Part 300 Subpart J),
as appropriate, $2,000,000, to remain available until
expended: Provided, That the study shall be performed at the
direction of the Administrator of the Environmental
Protection Agency, in coordination with the Secretary of
Commerce and the Secretary of the Interior: Provided further,
That the study may be funded through the provision of grants
to universities and colleges through extramural research
funding.
GENERAL PROVISION--THIS TITLE
deepwater horizon
SEC. 2001. SECTION 6002(B) OF THE OIL POLLUTION ACT OF 1990
(33 U.S.C. 2752) IS AMENDED IN THE SECOND
SENTENCE:
(1) by inserting ``: (1)'' before ``may obtain an advance''
and after ``the Coast Guard'';
(2) by striking ``advance. Amounts'' and inserting the
following: ``advance; (2) in the case of discharge of oil
that began in 2010 in connection with the explosion on, and
sinking of, the mobile offshore drilling unit Deepwater
Horizon, may, without further appropriation, obtain one or
more advances from the Oil Spill Liability Trust Fund as
needed, up to a maximum of $100,000,000 for each advance, the
total amount of all advances not to exceed the amounts
available under section 9509(c)(2) of the Internal Revenue
Code of 1986 (26 U.S.C. 9509(c)(2)), and within 7 days of
each advance, shall notify Congress of the amount advanced
and the facts and circumstances necessitating the advance;
and (3) amounts''.
SEC. 2002. OIL SPILL CLAIMS ASSISTANCE AND RECOVERY.
(a) Establishment of Grant Program.--The Secretary of
Commerce (referred to in this section as the ``Secretary'')
shall establish a grant program to provide to eligible (as
determined by the Secretary) organizations technical
assistance grants for use in assisting individuals and
businesses affected by the Deepwater Horizon oil spill in the
Gulf of Mexico (referred to in this section as the ``oil
spill'').
(b) Application.--An organization that seeks to receive a
grant under this section shall submit to the Secretary an
application for the grant at such time, in such form, and
containing such information as the Secretary shall require.
(c) Use of Funds.--
(1) In general.--Funds from a grant provided under this
section may be used by an eligible organization--
(A) to support--
(i) education;
(ii) outreach;
(iii) intake;
(iv) language services;
(v) accounting services;
(vi) legal services offered pro bono or by a nonprofit
organization;
(vii) damage assessments;
(viii) economic loss analysis;
(ix) collecting and preparing documentation; and
(x) assistance in the preparation and filing of claims or
appeals;
(B) to provide assistance to individuals or businesses
seeking assistance from or under--
(i) a party responsible for the oil spill;
(ii) the Oil Spill Liability Trust Fund;
(iii) an insurance policy; or
(iv) any other program administered by the Federal
Government or a State or local government;
(C) to pay for salaries, training, and appropriate expenses
relating to the purchase or lease of property to support
operations, equipment (including computers and
telecommunications), and travel expenses;
(D) to assist other organizations in--
(i) assisting specific business sectors;
(ii) providing services;
(iii) assisting specific jurisdictions; or
(iv) otherwise supporting operations; and
(E) to establish an advisory board of service providers and
technical experts--
(i) to monitor the claims process relating to the oil
spill; and
(ii) to provide recommendations to the parties responsible
for the oil spill, the National Pollution Funds Center, other
appropriate agencies, and Congress to improve fairness and
efficiency in the claims process.
(2) Prohibition on use of funds.--Funds from a grant
provided under this section may not be used to provide
compensation for damages or removal costs relating to the oil
spill.
(d) Provision of Grants.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall provide grants
under this section.
(2) Networked organizations.--The Secretary is encouraged
to consider applications for grants under this section from
organizations that have established networks with affected
business sectors, including--
(A) the fishery and aquaculture industries;
(B) the restaurant, grocery, food processing, and food
delivery industries; and
(C) the hotel and tourism industries.
(3) Training.--Not later than 30 days after the date on
which an eligible organization receives a grant under this
section, the Director of the National Pollution Funds Center
and the parties responsible for the oil spill shall provide
training to the organization regarding the applicable rules
and procedures for the claims process relating to the oil
spill.
(4) Availability of funds.--Funds from a grant provided
under this section shall be available until the later of, as
determined by the Secretary--
(A) the date that is 6 years after the date on which the
oil spill occurred; and
(B) the date on which all claims relating to the oil spill
have been satisfied.
Ms. LANDRIEU. Mr. President, this is an amendment that will provide
some additional funding for technical assistance grants--disaster
assistance--for the gulf coast. The President had a fairly robust
package represented in this bill--I think $118 million. I hope I am
correct about that. It was a good package of aid. I think it needs to
be made more robust.
In one section in particular, the President suggested that we spend
$5 million along the gulf coast giving technical assistance to
organizations and nonprofits to help these individuals, many who cannot
afford, as you know, to hire a lawyer to process paperwork or hire an
accountant to process the paperwork. After Katrina and Rita, we found
it was very helpful to spend a little bit of money and give grants to
some of these nonprofit groups that can work with large communities of
people who are affected--the Vietnamese fishing community is a good
example--so that each of the 100 fishermen don't have to go out--I am
not trying to put lawyers out of business, and I don't want to get in
trouble with them, but it is not necessary, and it can be a waste of
money to hire lawyers and accountants to process what should be a
simple claim. Even simple claims can be complicated in some of these
situations. That is basically what this amendment does. I think it
would provide more funding for claims across the gulf coast. I think we
can use $5 million across Louisiana alone. My amendment would raise
that number to $20 million.
Those are basically what these four or five amendments will do.
I ask unanimous consent to speak as in morning business for 5
minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
HAITI
Ms. LANDRIEU. Mr. President, I know my good friend Bob Casey is here
to speak, so I will be just a few more minutes. This is on a separate
subject, but one that is very important.
We have several disasters going on in this country and around the
world. One is the one I just spoke about--most important to me and the
one that has captured the world's attention as oil continues to flow in
the gulf. We have to do more and we have to be more focused. We have to
hold BP's feet to the fire to get this well shut off. The best
[[Page S4204]]
scientists in the world need to be working on this. I have assurances
from Secretary Salazar that they are.
New technologies need to be deployed quickly, and the cleaning
process needs to be expedited and streamlined so that not one person,
one boat owner, or one business goes out of business, or one fisherman
goes broke because of this situation.
Across the ocean, in Haiti, a great disaster occurred not that long
ago, as you will remember. So many things have happened since then, and
sometimes the world's attention gets turned. I wish to turn it back for
a minute. The people of Haiti live in one of the poorest countries in
the world and the Western Hemisphere. It is a country that is close
culturally to many of us in the United States--particularly people I
represent in Louisiana. We have many Haitian families in New Orleans.
We have a close tie with Haiti. We are not a Caribbean state, but we
feel a little Caribbean and tropical at times, since we are in the
South. We have a lot of business with Haiti and with many of our
southern neighbors. We have longstanding musical and art connections.
Our heart has gone out to Haiti, plus the people of Louisiana and the
gulf coast, who have experienced tremendous disasters. We can empathize
with what they are going through in the aftermath of the earthquake.
I will make three points about this Haiti rebuilding. In New Orleans,
when my brother was sworn in as mayor a few weeks ago, he said: Ladies
and gentlemen, citizens of New Orleans, the day of recovery and
restoration needs to be over. The day of creating needs to begin. We
need to create a new city--a new city that is more fair, just, and
open. He said that we have to think about using the opportunity of the
revenues that have come to create something new and better that wasn't
here before for the people who deserve it. I think that is a great call
of a very visionary leader.
The same is true for Haiti. While Haiti, for a time, will recover and
try to stabilize itself, at some point it needs to think about creating
a new kind of Haiti. In my view, and in the view of many Senators and
Members of Congress, many NGOs and many members of the Haitian
Diaspora, one of the most important cornerstones that should be laid
down is a free, universal, publicly funded school system for the
children of Haiti, which represents 50 percent of its population today
and 100 percent of its future. I will repeat that. Fifty percent of the
population today--one of the youngest nations on Earth--and 100 percent
of Haiti's future. The shame of it is, before the earthquake, less than
50 percent of the children went to school. They didn't have an
opportunity to go to school. Of that 50 percent who were enrolled in
school, the shame of it is that the enrollment fees and the tuition
fees ate up anywhere from 50 percent to 60 percent of the household
income.
So when people say where is the capital in Haiti, the capital was
being spent on poorly run, poorly licensed, nonquality schools that
were too expensive and not doing the job. We need to help them create a
new Haiti with the money the Americans have already given and donors
have pledged. We are not required or expected to fund it and our
taxpayers cannot do that. But we can put up our support and voice and
use a portion of the money we are going to give and say if you are
going to spend American taxpayer dollars, spend it well, creating a
new, more just Haiti and begin by building a school system.
That is what one of my amendments tomorrow will do--when I lay it
down--for Haiti and what some of us are working on.
The second thing is a little more sensitive and maybe not as popular
a subject. I will say a word about it anyway. In Haiti, there is a
terrible and very unjust system that exists. I am not an expert, but I
have learned a lot in the last few weeks as I have studied it. It is
called the restavec system. It is a system of domestic servitude, where
poor children are basically given up by their families to go work for a
slightly wealthier family. Restavec children have no rights. They are
forced to work very long hours. Most restage children have never seen
the front door of a school. It is a system that has gone on in Haiti
for too long, and it needs to come to an end. I hope that the Senate of
the United States will not pass up the opportunity to express a strong
voice to the Government of Haiti, to our partners around the world, to
good people of good will everywhere, to put pressure on the Haitian
government. To some, it may not be that necessary. Many people there
want this to change. It is a system that people are not comfortable
talking about, but it exists. There are a lot of studies on it, and we
will talk about it in the days to come. We must make a strong statement
on that while this bill is on the floor.
I see my colleague, the Senator from Pennsylvania, here. I yield the
floor and look forward to discussing and offering these amendments on
the disaster in New Orleans, in Louisiana, and the Gulf Coast, and on
the disaster in Haiti tomorrow.
I yield the floor.
The PRESIDING OFFICER. The Senator from Pennsylvania is recognized.
Mr. CASEY. Mr. President, first, I commend the work of Senator
Landrieu, who always brings passion and commitment to so many issues.
Of course, those that relate to our State of Louisiana are always at
the top of the list. We are grateful for that and for her speaking out
on the people of Haiti. We are honored to be able to hear that tonight.
I ask unanimous consent to speak as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Potential of Children
Mr. CASEY. Mr. President, I think if there is one way to describe,
summarize, or encapsulate the feelings that are not only I think
prevalent in the Senate or in the Congress but throughout the country,
when we think of our children and all children, I think we have a basic
belief that every single child in America is born with a light inside
them. For some children, of course, because of their circumstance, the
family they come from, the situation into which they are born, that
light is as bright as it can be; it is incandescent. You cannot see the
limits of it. It is blinding that they are so full of potential and
ability and they don't need as much help. They are going to be fine
because of the brightness of that light--the measure of their
potential.
For other children, they are born with a bright light, but it doesn't
shine quite as brightly, because of all kinds of circumstances. We have
all experienced this in our lives and in our own families and with
people we have encountered. Many elected officials have talked to their
constituents about this. I have always believed that the obligation of
a public official, no matter where you are, no matter what level of
government, or no matter what degree of responsibility you have, has a
basic obligation to make sure that the light inside of every child is
realized, or the potential that that light indicates is realized. We
have to do that every day one way or another.
We had a hearing today in the Health, Education, Labor, and Pensions
Committee on early education. As a country, we have not met the
obligation I believe we should meet to provide children with learning
at the early stages of their lives. First grade and second grade are
really too late. They need to be exposed to early learning
opportunities earlier.
A lot of States are doing this. There are a lot of good examples out
there. But we have not made a national commitment to providing early
learning opportunities. That is one thing we should do for a child to
make sure the light of his or her potential is realized, to make sure
they learn at a young age. It is determinative of their whole life. It
actually has an impact on the skill of our workforce many years later.
Secondly--not in this order--we should make sure they have enough to
eat and get proper nutrition. Again, this happens to be what we are
working on. The Child Nutrition Act is up for reauthorization. We are
going to have a chance to enact another piece of legislation that will
continue that commitment to making sure more and more of our children
have access to nutritious foods in school and otherwise.
We have made a lot of progress. Among the three I just mentioned,
maybe the one we made the most progress on is health care for children.
You cannot say the light inside a child
[[Page S4205]]
will reach its potential if that child does not have health care.
Fortunately, we are at a point now where we not only have 7 million
children covered under the children's health insurance program, but
that is going to grow to 14 million in just a couple of years. That is
a remarkable achievement, but it is not enough if we cover 14 million.
There still will be millions more, depending on what estimate is out
there, but many millions more who will not be covered even as a result
of the health care bill we passed. We have more work to do on health
care.
If we are doing the right things as public officials, no matter where
we are, whether it is at the level of the Federal Government or all the
way down to local, county, and State governments, we should make sure
we are doing the job on health care for children. We are not there, but
we have made a lot of progress.
Make sure we are providing children with enough to eat, nutrition--we
have a long way to go on that issue, but we have made progress.
Thirdly, we will make sure every child has early learning
opportunities. We have made a lot of progress and still have a ways to
go.
There actually is a fourth, at least the way I analyze it. The fourth
is so fundamental that we sometimes forget about it. It is not just
health care and nutrition and early learning; the fourth is basic
safety, protecting children from the horrors of this Earth, from people
who prey upon them in so many different ways, from the so many horrific
ways children are abused and neglected and left behind and are victims
of violence.
Unfortunately and increasingly, that degree of violence, as it
relates to children or young people, even through the high school
years, is becoming more and more apparent and more and more egregious
in our schools. We are talking about this whole concept of bullying
about which we are hearing a lot. I realize some will say: That has
been happening for years. Every generation has had kids picked on in
school. So why is this any different?
It is different today. The numbers are up, but the degree of cruelty
and violence, in my judgment, is way up. We had a terrible example of
that in Massachusetts a couple of months ago. I can point to several
other States and many examples. It is true in my home State of
Pennsylvania as well. In Pennsylvania and throughout the country,
violence, bullying, and harassment in schools is a growing problem for
all children. It is not restricted to one State or one locality or one
situation.
It is true for all children but especially--and the evidence on this
part of the problem is overwhelming and really disturbing--the violence
and bullying as it relates to children who happen to be gay, lesbian,
bisexual, or transgender. We all know about the acronym GLBT. That is
happening in greater numbers. We cannot just lament it and say: That is
too bad, but it happens over time. It has been happening for
generations. It is too bad there is not a lot we can do about it.
The adults--and especially the adults who happen to be public
officials who have the opportunity to vote or appropriate dollars or
take action--have to do something.
Some would say: That is a State and local school district issue. The
Federal Government does not need to get involved.
We have seen in the past where sometimes, if we do not take action or
at least demonstrate leadership or at least create conditions where we
diminish the likelihood that a child, especially a child who happens to
be gay or lesbian, for example--they will not be the victims of
violence if we do something about it. There is no one bill we can pass
that will eliminate it. I understand that. But I think the idea that we
can't do anything about it is really dishonest, at best. We ought to do
something about it.
According to the Department of Education--just listen to these
numbers--one in three schoolchildren is affected by bullying or
harassment in grades 6 through 10. That is one number.
According to a separate study by the Gay, Lesbian, and Straight
Education Network--known by the acronym GLSEN--less than half--and this
relates to Pennsylvania only--less than half of Pennsylvania students
said they felt safe in school. It is a problem across the board for all
children but especially and most disturbingly for children who happen
to be gay, lesbian, bisexual, or transgender.
Relentless bullying results in long-term consequences for the well-
being of its victims. Just as before when I talked about the long-term
impact of no health care or no nutrition or no early learning, this,
too, has long-term consequences for that child, for that school, for
that child's family, for that community, and, guess what, long term for
all of us because it will affect whether that child reaches their
potential, whether they have a skill level that is commensurate with
their ability and their potential or whether they fall short of that
because they were beaten or bullied when they were a child and they
could not learn, and because they could not learn they did not do as
well in school, and because they did not do well in school, they did
not get the job or have the skill level they could have had. If only we
had acted and tried to do something about this situation.
Here are some of the long-term consequences for that child:
Students who are bullied have a decreased interest in school. Some of
these are self-evident, but we need to remind ourselves what they are.
That is obvious, but it is a big problem.
Students who are bullied may be absent from school. It makes sense.
Why would you want to go to school if you are getting beaten up and
harassed every day and nobody is helping? That is part of the problem.
When they are in the classroom, they have a harder time
concentrating. I cannot even imagine. We talk about how hard it is to
concentrate when a child does not have enough to eat. The pain of not
having enough to eat prevents them from learning and growing as a
student. If you are a victim of violence, you are literally in pain at
just the anticipation of when you leave that classroom to walk down the
hallway, that same guy or group of people is going to make you the
victim, yet again, of harassment or bullying. It does not even have to
be physical. Just the verbal abuse, just the intimidation is enough to
have an impact on that child.
We know bullying and the threat of violence is a common experience
for young people who identify themselves as gay, lesbian, bisexual, or
transgender, or who are perceived to be by their peers. People make
comments about someone, and then they attack them, and then they become
a victim.
These are not just children or young people who are someone else's
child or someone else's problem; these are God's children. No matter
who they are, they are God's children.
It is the ultimate form of betrayal--just like domestic violence is--
when someone who lives in a home and is supposed to love the person is
beating them up. That is an easy example to remember about what
betrayal means.
Even in the context of a school, a child goes to school to learn. The
implication is that while they are learning, they will be safe and
actually nurtured, especially if they are very young, that they will be
surrounded by people who will help them and educate them but also
protect them. Yet they go into that environment to learn and to grow,
and they are the victims of violence, and no one in that institution
helps them or they help them too late or they say: It is not my problem
or it is the parents' problem or the school district's problem or
someone else's problem. That would be one of my definitions of betrayal
of a child in that circumstance.
A recent study of LGBT teens reported that 9 in 10 reported
harassment in the last year. Mr. President, 9 in 10. I don't care if it
was 1 in 10 or if it was 5 in 10 or 6 in 10--that would be bad enough.
But 9 in 10 in this one survey. And 3 out of 5 students reported
feeling unsafe in school. When I was a kid, I never felt unsafe in
school. I have no recollection of ever having that feeling in my life.
These kids feel it every day. One-third of students said they skipped
school in the last month because they felt unsafe coming to school.
Talk about consequences--missing school because they feel they are
going to be beaten up or harassed.
Perhaps one of the most disturbing statistics is a third of all
students said teachers and administrators rarely intervened in these
cases. Some will say
[[Page S4206]]
it is a generalization. I understand it is a generalization, but
apparently it is happening out there in far too many cases. Of course,
one case is enough. It is one thing to feel intimidated, scared, and
fearful. It is another one to feel that no one around you in positions
of authority will help you.
We often talk in this country--and, of course, in Washington as
well--about freedom, the great freedoms we have in America: the freedom
to make your own way, to be an entrepreneur, to find your way in life,
to start your own business, to make your own money, to travel where you
want, to say what you want, freedom of speech--all these great freedoms
we have, and thank goodness we have them. Thank goodness people were
willing to die for those freedoms in our history and up to the present
day. Men and women are serving in combat to preserve our freedoms.
We talk about freedom, but sometimes we forget another element of the
issue of freedom. Just like adults have the right to free speech and
the right to assembly and all the constitutional rights we celebrate,
young people have rights, too, or at least they should. One of the
rights, one of the freedoms they should be allowed to enjoy is the
freedom from fear. We have heard that expression before, ``the freedom
from fear.'' These children I just described do not have that freedom.
They are not free, even in this land where we celebrate freedom every
day of the week. We have an obligation to take action to make sure that
basic right is protected against those who would deny them that
freedom--the freedom to be free from fear.
We have to do something about this problem. We cannot do everything.
Not one bill will solve this problem. But I think we can enact a couple
pieces of legislation which will have a positive impact.
Tomorrow, I will be introducing the Safe Schools Improvement Act. It
will do a couple of things for this problem. It will give schools and
districts the resources to do at least three things. They ought to do a
lot more than this, but we are going to try to help them with at least
these three:
First, develop comprehensive student conduct policies that prohibit
bullying and harassment. If you do not have a conduct policy in place,
you have to do it if we pass this Federal legislation.
Secondly, it will help to implement prevention strategies and
professional development. We have to do more in prevention, and we have
to make sure those in charge, those who have authority are, in fact,
trained to identify and to deal with and then to punish those who are
guilty of this kind of bullying and harassment.
Thirdly, the Safe Schools Improvement Act will require that schools
and districts maintain and report data regarding incidents of bullying
and harassment. It is very important to document this, to keep good
records so we know exactly what is happening, so when a parent shows up
at a school and says: Well, before my child was beaten and harassed,
was it happening before? We shouldn't have the school saying: Well, we
are not sure. We had some reports. They should document those incidents
and there should be a uniform way of documenting what is an example or
a reportable act of violence.
There is other legislation as well that many others and I are
cosponsoring--the Student Nondiscrimination Act. That is a bill
introduced last week by Senator Franken to expand Federal civil rights
statutes to include a right for students against discrimination in
school on the basis of sexual orientation or gender identity.
It is almost hard to believe that we would have to enact either of
these bills, that we would have to even introduce them, but we need
both. We need to insist that schools do a better job, and adults at the
local level do a better job, and that we are all working on this
problem.
We also need to make sure that discrimination laws are enforced as it
relates to children and young people--students--in our schools. We have
to do this because it is a real problem.
Young people who happen to be gay or lesbian or bisexual or
transgender need help from all of us. They need our support. I, and I
know many others, will continue to work to protect every child so that
at a minimum they feel safe and supported while they are in school, a
place where they should have a reasonable expectation of safety and
security. We are not talking about every moment of their life. We are
not talking about when they are on the street alone. Those are
situations where we worry as well. But at least--at least--we ought to
be able to say that when a child or a young person is in school they
will be protected from bullying or harassment or violence. That is the
least we ought to be able to say, and we are a long way from saying
that.
Again, I will conclude by saying that I will go back to the original
point I made, which was that every child born in this country has a
light inside them, and there is no way the light of that child can
shine to its full potential if they do not have the basic protections
and the basic freedom from fear we are talking about here. No child
should have to go through their day, no matter who they are, to being a
victim of this kind of bullying and harassment and violence. It is the
ultimate, or certainly one of the ways our society betrays children.
We can put a stop to it. We can raise awareness, we can put a
spotlight on this issue and do all we can to protect our children--our
young people in grade school and in high schools--across America.
With that, Mr. President, I yield the floor, and I suggest the
absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. CASEY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________