[Congressional Record (Bound Edition), Volume 156 (2010), Part 7]
[Senate]
[Pages 9346-9387]
[From the U.S. Government Publishing Office, www.gpo.gov]




   MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2010

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of H.R. 4899, which the clerk will 
report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 4899) making emergency supplemental 
     appropriations for disaster relief and summer jobs for the 
     fiscal year ending September 30, 2010, and for other 
     purposes.

  Pending:

       Reid amendment No. 4174, to provide collective bargaining 
     rights for public safety officers employed by States or their 
     political subdivisions.
       Sessions/McCaskill amendment No. 4173, to establish 3-year 
     discretionary spending caps.
       Wyden/Grassley amendment No. 4183, to establish as a 
     standing order of the Senate that a Senator publicly disclose 
     a notice of intent to objecting to any measure or matter.
       Feingold amendment No. 4204, to require a plan for safe, 
     orderly, and expeditious redeployment of the United States 
     Armed Forces from Afghanistan.
       McCain amendment No. 4214, to provide for the National 
     Guard support to secure the southern land border of the 
     United States.
       Cornyn modified amendment No. 4202, to make appropriations 
     to improve border security, with an offset from unobligated 
     appropriations under division A of Public Law 111-5.
       Lautenberg modified amendment No. 4175, to provide that 
     parties responsible for the Deepwater Horizon oilspill in the 
     Gulf of Mexico shall reimburse the general fund of the 
     Treasury for costs incurred in responding to that oilspill.
       Cardin amendment No. 4191, to prohibit the use of funds for 
     leasing activities in certain areas of the Outer Continental 
     Shelf.
       Kyl/McCain amendment No. 4228 (to amendment No. 4202), to 
     appropriate $200,000,000 for a law enforcement initiative to 
     address illegal crossings of the Southwest border, with an 
     offset.
       Coburn/McCain amendment No. 4232, to pay for the costs of 
     supplemental spending by reducing Congress's own budget and 
     disposing of unneeded Federal property and uncommitted 
     Federal funds.
       Coburn/McCain amendment No. 4231, to pay for the costs of 
     supplemental spending by reducing waste, inefficiency, and 
     unnecessary spending within the Federal Government.
       Landrieu/Cochran amendment No. 4179, 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.
       Landrieu amendment No. 4180, to defer payments of principal 
     and interest on disaster loans relating to the Deepwater 
     Horizon oilspill.
       Landrieu modified amendment No. 4184, 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 oilspill in the Gulf of Mexico at full Federal 
     expense.
       Landrieu amendment No. 4213, to provide authority to the 
     Secretary of the Interior to immediately fund projects under 
     the Coastal Impact Assistance Program on an emergency basis.
       Landrieu amendment No. 4182, 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.
       Landrieu amendment No. 4234, 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 oilspill in the 
     Gulf of Mexico.

  The ACTING PRESIDENT pro tempore. The Senator from Hawaii is 
recognized.
  Mr. INOUYE. Mr. President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BARRASSO. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. BARRASSO. Mr. President, I ask unanimous consent to speak as in 
morning business for up to 15 minutes.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                              Health Care

  Mr. BARRASSO. Mr. President, I come to the floor today, as I have 
done each week for over a month now, to give a doctor's second opinion 
about the health care bill that has now been signed into law. I do this 
as somebody who has practiced medicine, taken care of families in 
Wyoming since 1983. During that time, I was medical director of 
something called the Wyoming Health Fairs, offering low-cost blood 
screening for people all around the Cowboy State, giving them an 
opportunity to take more personal responsibility for their own health, 
to learn about their health, to help get their blood pressure under 
control, get their cholesterol down, and get their blood sugar under 
control, and diagnose cancers early. All of this is aimed at early 
prevention, meaning better care, better survivability, which is what we 
need to do in this country--work on patient-centered health care.
  Today, I bring to the floor of the Senate my second opinion because I 
think the bill that was passed into law has failed. It has failed and 
gotten the diagnosis and the treatment wrong.
  The goal of health care reform should be to lower costs, increase 
quality, and increase access. I continue to believe the new health care 
law is bad for patients; it is bad for payers, the American taxpayers 
who are going to be

[[Page 9347]]

footing the bill, and it is bad for providers, the nurses and doctors 
of this country who take care of those patients.
  Fundamentally, I believe, unlike what the President said, this whole 
law is now going to increase the cost of care. The American people 
believe that overwhelmingly, that this is going to increase the cost of 
their care and it is also going to decrease the quality and 
availability of the care, to the point that a national poll released 
just this Monday shows 62 percent of Americans would like to repeal and 
replace the bill that has now been signed into law.
  As the Speaker of the House, Nancy Pelosi, said: First you have to 
pass the bill to find out what is in it. As more and more Americans are 
finding out what is in the bill, they are finding there are more and 
more broken promises.
  The President gave a speech, and he said: If you like your health 
care plan, you will be able to keep your health care plan, period.
  He then went on to say: No one will take it away, period.
  He said: No matter what, period.
  But the Chief Actuary of Medicare and Medicaid says that 14 million 
Americans will lose their employer-sponsored health coverage under this 
law. The President is saying one thing, but the Chief Actuary for 
Medicare and Medicaid is saying something very different. That is why 
the American people do not feel this bill--now the law--was passed for 
them. It is for somebody else.
  Most Americans have health insurance they like and are happy with, 
except for the cost. Unfortunately, what this body passed and what the 
President signed is going to increase the cost and decrease the 
availability. For people who like what they have, they are not going to 
be able to keep it.
  One might say: Where do you come up with that? There was a lengthy 
article written called ``Documents reveal AT&T, Verizon, others thought 
about dropping employer-sponsored benefits.'' Why would that be? 
Because of a very different regime, it says, a ``radically different 
regime of subsidies, penalties, and taxes.'' That is so much of what is 
involved in this health care law--penalties, subsidies, and taxes.
  ``Many large companies,'' it goes on to say, ``are examining a course 
that was heretofore unthinkable, dumping the health care coverage they 
provide to their workers in exchange for just paying penalty fees to 
the government.''
  It goes on:

       In the days after President Obama signed the bill on March 
     24, a number of companies announced big write downs due to 
     the fiscal changes it ushered in. The legislation eliminated 
     a company's right to deduct the federal retiree drug-benefit 
     subsidy from their [companies].

  As a result, AT&T, Verizon, and others ``took well-publicized charges 
of around $1 billion.'' This annoyed Henry Waxman, Democrat from 
California, ``who accused the companies of using the big numbers to 
exaggerate''--that is what he said, ``exaggerate''--``health care 
reform's burden on employers.'' So he summoned top executives to 
hearings and he requested documents.
  The bottom line is, taking a look at 1,100 pages of documents from 
four major employers--AT&T, Verizon, Caterpillar, and John Deere--``No 
sooner did the Democrats on the Energy Committee read'' the documents 
``than they abruptly cancelled the hearings.'' Why? Because they found 
out that what the companies had said was true, and it was proper in 
accordance with the rules and the laws within which they have to 
operate.
  All four of these companies are taking a look at the costs and the 
benefits of dropping health care coverage of people who like the 
coverage they have. What are the alternatives if you do not want to 
provide health care? You pay a fine. You pay a fee.
  AT&T, a major company, employs up to 300,000 people with health care 
coverage they like, and they are in a situation where the company is 
saying: If we drop their coverage and pay the fine, we as a company can 
save $1.8 billion.
  Is that what this Congress intended? Is that what this Congress 
imagined? Is that what the people of this country deserve? No.
  What this shows is a bill that was crammed through and down the 
throats of the American people by an administration desperate to have 
something passed into law, something that many people never even read 
before they voted in favor of it. And the people who read the bill 
carefully could see what was coming down the line, came to the floor, 
and pointed out these things to the American people. The American 
people heard, but the Members of Congress did not.
  There is a new study out that was reported today in the Associated 
Press. It talks about what other businesses are doing. It was a poll of 
650 leading corporations talking about, what do you think this is going 
to mean for your business? What is this going to mean for the 
employees? What is this going to mean in terms of health care for those 
folks and the cost of doing business?
  Here it is. What do the employers want? They want to have three 
goals, and they are the goals all Americans would have. They want to 
bring down the cost of care, whether you are an employer or an 
employee. No matter who you are, they want to bring down the cost of 
care. Contain costs--absolutely, at a minimum. They want to contain 
costs. Good. They want to encourage healthier lifestyles. Good. This 
bill hardly does that at all. There are very few, if any, individual 
incentives. And they want to improve quality of life.
  A mere 14 percent of all responding--650 companies--think health care 
reform will help contain health care costs. An overwhelming majority--
90 percent--of employers believe health care reform will increase their 
organization's health care costs. Why should they be any different from 
what the government Actuary says? The government Actuary, who took a 
look at the bill, also said the cost curve is going to go up. The cost 
is going to go up. The amount Congress promised the American people 
this would cover in terms of the costs--Congress said: Oh, we are going 
to save money. No, that is not what the people who actually added up 
the figures said. They said this is going to cost money.
  Yesterday, when the President visited with the Republican Members of 
the Senate, I specifically asked him about this point. He still takes 
the tact that ultimately the cost curve will go down. The American 
people, and certainly someone who has practiced medicine now since 
1983, and the Actuary, who takes a look at these issues, who actually 
does the addition and puts a line and puts the total numbers at the 
bottom, all say: Sorry, Mr. President, that is not true. The cost is 
going to go up. Insurance costs are going to go up. Quality of care and 
availability of care will go down.
  I come to the floor as a physician offering my second opinion just to 
tell my colleagues and to tell the American people what I have been 
hearing from talking with people all around the country. A majority of 
Americans are pleased with the health care coverage they get from their 
employers. But now, because of the President's new law, companies are 
considering canceling employees' coverage because it would be cheaper 
for them to pay the government's penalty than to provide health care 
coverage for their employees. This is not the change Americans want. 
This is not the change Americans can believe in. This is the change 
that makes Americans lose sleep at night. In this economy, with 9.9 
percent unemployment, the last thing Americans need is a new law that 
makes it easier for companies to pay a penalty instead of providing 
health coverage for their employees.
  This is not the companies' fault. It is the administration's fault. 
It is misguided incentives, and that is why the American people are 
sick of Washington. What we have seen now with regard to the 
incentives, if you are a big company, is to drop insurance and pay the 
fine. If you are a small company and you want the tax relief and a tax 
credit that has been offered, the incentive is to actually fire workers 
and pay those workers who are still working with you less. That is the 
way to get a better tax credit.

[[Page 9348]]

  If you are an individual with a preexisting condition and you have 
been living by the rules, paying those higher insurance rates through 
some of the State-authorized funds that have been set up, programs that 
have been set up to help people with preexisting conditions, to help 
people who need extra help, so they get their health care covered and 
even pay more, if you are one of those individuals, the incentive is to 
drop that coverage, stop paying, and basically go uninsured for 6 
months. And if you take that risk of being without insurance for 6 
months, only then do you qualify for what is included in this new 
health care law.
  We need a health care law that actually lowers the cost of health 
care and allows Americans to keep the coverage they have. That is why I 
come to the floor every week to tell the American people it is time to 
repeal this legislation and replace it with legislation that delivers 
more personal responsibility and more opportunities for individual 
patients; that is, patient-centered care that allows Americans to buy 
insurance across State lines; that gives people their own health 
insurance and the same opportunities and the same tax relief for people 
who get insurance through their jobs; that provides individual 
incentives for people to stay healthy, exercise more, eat a little 
less, get their blood sugar under control and blood pressure under 
control and deal with health care needs as they come along; that deals 
with lawsuit abuse and the incredible expense of all the defensive 
medicine practiced in this country; and that allows small businesses to 
join together to provide less expensive insurance to their employees. 
Those are the things we need. Those are the things we need to allow us 
as a nation to deliver high-quality care, available care, at a more 
affordable cost.
  This health care bill that has been crammed through the Senate with a 
lot of gimmicks and things such as the ``Cornhusker kickback'' and the 
``Louisiana purchase'' and ``Gator aid''--those are the things that 
make the American people look at this city and say: We have had enough. 
That is why today I come to the Senate floor and offer, again, my 
second opinion that it is time to repeal and to replace this health 
care law with something that will actually work in the best interest of 
the American people.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. NELSON of Florida. Mr. President, I ask unanimous consent that 
the order for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                   Department of Interior Ig Reports

  Mr. NELSON of Florida. Mr. President, yesterday, the inspector 
general for the Department of the Interior came out with their report--
this investigative report--which followed another inspector general 
report of just a month ago. These two inspectors general reports talk 
about what is wrong in the Minerals Management Service. The most recent 
report is quite disturbing, and it comes on the heels of the one a 
month ago where they found a culture where the acceptance of gifts from 
oil and gas companies was widespread throughout the Office of the Lake 
Charles District Minerals Management Service in Louisiana.
  That information, of course, came on the heels of what we discovered 
years ago in reports about the incestuous, cozy relationship between 
the oil industry and the regulators who are supposed to see that the 
oil industry is doing its job, and doing it safely, and collecting all 
of the revenues from the royalties that the oil industry is supposed to 
pay, having drilled on Federal lands, which is the sea bottom of the 
Gulf of Mexico.
  This latest investigative report points out:

       Of greatest concern is the environment in which these 
     inspectors operate--particularly the ease with which they 
     move between the industry and the government.

  That is called the revolving door. That is somebody in the industry 
who comes into the government as a regulator, and then the revolving 
door turns, and they go back into the industry. How in the world can we 
have a regulator who is coming from the industry into regulation of 
that industry, and then turn in the revolving door and go right back 
into that industry? That is the problem, and that is what we have to 
fix.
  My office is talking with Senator Menendez's office, and it is my 
intention that we will file a bill today that will do a number of 
things. It will stop this revolving door by requiring the same thing we 
require for ourselves in the Senate--that when we leave the Senate, we 
can't go to an entity that lobbied us as a business and that would then 
lobby the Senate for a period of 2 years. That is the minimum we should 
expect.
  This legislation will also insist on things that are common sense: 
that the regulators can't accept gifts from the industry they are 
regulating, and they have to have a financial disclosure that would 
show what the regulator owns, if they are in any way compromised with 
the very industry they are trying to regulate. If they have any outside 
interest--for example, stock in oil companies they are regulating--they 
would have to divest from that; and, furthermore, in the egregious case 
that they would be partially employed by the outside industry they are 
regulating, clearly that could be prohibited.
  These are just commonsense things. Why isn't this in the law? Senator 
Menendez and I offered this law 2 years ago when all of these 
revelations came out in that inspector general report back then. But, 
of course, there was enormous push-back on the legislation. Sadly, it 
has come to this great tragedy of thousands and thousands of barrels of 
oil gushing into the Gulf of Mexico to bring us to the point where we 
ought to have a willing recipient in this Senate to this legislation we 
are filing that will stop this cozy, incestuous relationship between 
the oil industry and the regulators.
  I know Secretary Salazar is trying to clean it up, and he is doing 
what he should do. But what we want to do is to etch it into the 
statutes so there is no question about what is the requirement--not 
just for today but forever.
  Mr. President, I yield the floor, and I suggest the absence of a 
quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. KAUFMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. KAUFMAN. Mr. President, I would like to speak as in morning 
business.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                            kagan nomination

  Mr. KAUFMAN. Mr. President, I rise to speak about the nomination of 
Elena Kagan to be Associate Justice of the Supreme Court of the United 
States.
  Ms. Kagan is, without a doubt, an exceptionally well-qualified 
nominee. In every job she has held, including associate White House 
counsel, dean of the Harvard Law School, and Solicitor General, she has 
distinguished herself through her work ethic, intelligence, and 
integrity.
  I was part of 10 confirmation hearings during my time with then-
Senator Biden, and during that time, I witnessed Ms. Kagan's talents 
firsthand, when she served as special nominations counsel to the 
Judiciary Committee during the nomination of Justice Ginsburg in 1993.
  She is also a woman of many ``firsts''--the first woman to serve as 
dean of Harvard Law School as well as the first to serve as Solicitor 
General. She now stands to be the fourth in history to serve on the 
Supreme Court. When she is confirmed, for the first time in history 
three women would take their seats on the Nation's highest Court.
  I have consistently called on President Obama to nominate candidates 
to the bench who expand, and not contract, the breadth of experiences 
represented on the Supreme Court.

[[Page 9349]]

  Every one of the current Justices came to the Court from the Federal 
appellate bench. While this experience can be valuable, I believe the 
Court should reflect a broader range of perspectives and experience.
  Ms. Kagan brings valuable nonjudicial experience and a freshness of 
perspective that is currently lacking.
  Prior judicial experience has never been, nor should it be, a pre-
requisite to be a Supreme Court Justice. In the history of the Supreme 
Court, more than one-third of the Justices have had no prior judicial 
experience before nomination.
  History further shows that a nominee's lack of judicial experience is 
no barrier to success as a Supreme Court Justice.
  When Woodrow Wilson nominated Louis Brandeis in 1916, many objected 
on the ground that he had never served on the bench.
  Over his 23-year career, however, Justice Brandeis proved to be one 
of the Court's greatest members. His opinions exemplify judicial 
restraint and his approach still resonates in our judicial thinking 
more than 70 years after his retirement.
  This list of highly regarded Justices without prior judicial 
experience is not insignificant.
  Felix Frankfurter, William Douglas, Robert Jackson, Byron White, 
Lewis Powell, Hugo Black, Harlan Fiske Stone, Earl Warren and William 
Rehnquist--they all became Justices without having previously been 
judges, yet we consider them to have had distinguished careers on the 
Supreme Court.
  In fact, Justice Frankfurter wrote in 1957 about the irrelevance of 
prior judicial experience. He said:

       One is entitled to say without qualification that the 
     correlation between prior judicial experience and fitness for 
     the functions of the Supreme Court is zero.

  That is a point that some of my Republican colleagues have recognized 
when addressing the qualifications of other nominees.
  Ms. Kagan's lack of prior judicial experience should not be a 
determining factor in assessing her qualifications to be a Justice.
  Indeed, if significant prior experience as a judge were a 
prerequisite, where would that leave Justices like John Roberts and 
Clarence Thomas? Thomas had served on the DC Circuit for less than 16 
months before his nomination, and Roberts for just over 2 years.
  I have an insightful article on this subject by Joel Goldstein, 
published in the Kansas City Star. I ask unanimous consent it be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                     [From KansasCity.com, May 11,

]

            History Says Lack of time on Bench Is No Problem

                         (By Joel K. Goldstein)

       Critics are already attacking President Obama's nomination 
     of Elena Kagan for the Supreme Court on the grounds that she 
     has never been a judge. But if lack of judicial experience 
     disqualifies someone from a spot on the court, many 
     distinguished justices never would have served.
       Take Louis Brandeis, the person many consider to have been 
     the outstanding justice of the 20th century. Brandeis had 
     never served on the bench when Woodrow Wilson nominated him 
     in January 1916.
       Critics complained that he lacked judicial temperament. 
     They could not have been more wrong. During 23 years on the 
     court, Brandeis proved himself a model judge. His opinions 
     guide judicial thinking more than 70 years after his 
     retirement. He became a leading apostle of judicial restraint 
     but used his opinions to teach relevant constitutional 
     principles in a way that surpassed every justice other than 
     John Marshall.
       Many other examples reveal judicial experience to be a 
     false requirement. John Marshall's career had been political, 
     not judicial. Yet, most regard him as the greatest justice to 
     serve on the court. He was learned in the law, yet his 
     political skills proved critical in allowing the court to 
     develop as an equal institution of government during a 
     precarious period.
       The same was true of Charles Evans Hughes when named an 
     associate justice in 1910. He had been a lawyer and governor 
     of New York. Most regard him as one of the greatest chief 
     justices, a position he assumed when he returned to the court 
     in 1930, after resigning to run for president in 1916.
       Earl Warren lacked judicial experience, but his political 
     skills helped produce the court's unanimous decision in Brown 
     v. Board of Education, one of the most important decisions in 
     our history.
       Harlan Fiske Stone had served as a law school dean and 
     attorney general, a resume in some respects similar to 
     Kagan's but never as a judge. Felix Frankfurter, William 
     Douglas, Robert Jackson, Byron ``Whizzer'' White, Lewis 
     Powell and William Rehnquist were thought by many to have 
     been distinguished justices, although each lacked prior 
     judicial experience. Hugo Black had spent about a year on the 
     police court when Franklin Roosevelt nominated him from the 
     U.S. Senate.
       Even recent experience cautions against overstating the 
     relevance of judicial service. Two conservative judicial 
     heroes, Clarence Thomas and John Roberts, had served very 
     brief stints on the appellate court, roughly two years or 
     less before the two Bush presidents nominated them.
       There have been distinguished justices who came from the 
     bench, such as Benjamin Cardozo, John Marshall Harlan II and 
     William Brennan. On the other hand, some unsuccessful 
     justices also had judicial experience. John Hessin Clarke, 
     Fred Vinson and Charles Evans Whittaker are among those whose 
     service on the court was not happy despite their experience 
     as judges.
       Kagan has had a distinguished career as an academic, as a 
     high-level staffer in the Clinton White House, as a 
     successful dean of Harvard Law School and as U.S. solicitor 
     general. It is impossible to know whether she will be a 
     distinguished justice, but her success in her other 
     professional work certainly counts in her favor.
       History suggests that her lack of judicial experience is 
     simply irrelevant.

  Mr. KAUFMAN. Another attack on Elena Kagan, equally unjustifiable, 
focuses on military recruiting while she was dean at Harvard Law 
School.
  Most of the charges about the Harvard Law recruiting ban are 
distortions. The university policy reflected a policy preference for 
nondiscrimination against gays, but Dean Kagan never denied military 
recruiters physical space at the law school or access to the student 
body.
  Just as important, military veterans at Harvard have high praise for 
Kagan's role as dean.
  In February 2009, several Iraq War veterans who graduated from 
Harvard Law School when she was dean wrote a letter to the Washington 
Times describing their ``appreciation for Miss Kagan's embrace of 
veterans on campus. During her time as dean, she has created an 
environment that is highly supportive of students who have served in 
the military.''
  I was pleased to see this view echoed by our colleague from 
Massachusetts after his meeting with Solicitor General Kagan last week.
  He said:

       It was very clear to me after we spoke about it at length 
     that she is supportive of the men and women who are fighting 
     to protect us and very supportive of the military as a whole. 
     I do not feel that her judicial philosophy will be hurting 
     men and women who are serving.

  The best answer to these charges comes from the nominee herself.
  In 2007 while serving as dean of Harvard Law, she addressed cadets at 
West Point. She said:

       I am in awe of your courage and your dedication, especially 
     in these times of great uncertainty and danger. I know how 
     much my security and freedom and indeed everything else I 
     value depend on all of you.

  Addressing the controversy regarding the military recruiters she 
said:

       I have been grieved in recent years to find your world and 
     mine, the U.S. military and U.S. law schools, at odds, 
     indeed, facing each other in court--on one issue. That issue 
     is the military's ``don't ask, don't tell'' policy. Law 
     schools, including mine, believe that employment 
     opportunities should extend to all their students, regardless 
     of their race or sex or sexual orientation. And I personally 
     believe that the exclusion of gays and lesbians from the 
     military is both unjust and unwise. I wish devoutly that 
     these Americans could join this noblest of all professions 
     and serve their country in this most important of all ways. 
     But I would regret very much if anyone thought that the 
     disagreement between American law schools and the U.S. 
     military extended beyond this single issue. It does not. And 
     I would regret still more if that disagreement created any 
     broader chasm between law schools and the military. It must 
     not. It must not because of what we, like all Americans, owe 
     to you.

  In consulting with leadership, as well as with me and my colleagues 
on the Judiciary Committee, President Obama honored the Senate's 
advisory role in the selection process.
  As the Senate process moves from advice to consent, I look forward to 
a

[[Page 9350]]

confirmation process that is orderly and filled with an honest exchange 
of views, not partisan bickering.
  The vote for a Justice of the U.S. Supreme Court is one of the most 
important votes a Senator can cast. That is because a Justice serves 
for a lifetime appointment and will continue to have an impact long 
after the vote is made.
  Since her nomination, Solicitor General Kagan has already met with 
dozens of Senators and has many more meetings scheduled.
  My meeting with her strengthened my belief that President Obama has 
selected a nominee with both impeccable credentials and a superior 
intellect. Her ability to bridge disagreement and find common ground 
among disparate voices, as well as her experience in all three branches 
of government, would be a tremendous asset on the current Court.
  I yield the floor and note the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DORGAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Burris). Without objection, it is so 
ordered.
  Mr. DORGAN. Mr. President, we are on the supplemental appropriations 
bill. I understand. I have been chairing a hearing, and I understand I 
have not missed very much. It appears to me yesterday and today this 
supplemental appropriations bill on the floor of the Senate has been 
moving very slowly. In fact, while amendments have been filed and some 
discussed, we have had no votes. I know the majority leader would very 
much like to move forward to get this done. In fact, it is the case 
that if the supplemental bill is not done, my understanding is there 
will be soldiers who will not receive paychecks in June. So there is an 
urgency for us to replenish the funding that is necessary in the 
defense portion of this bill especially.
  There are other pieces of it that are equally important. For example, 
the money for the Federal Emergency Management Agency is provided as a 
result of disasters that are occurring that require some supplemental 
funding, and other issues are addressed as well.
  But what I want to mention on the floor of the Senate is a request 
that has been made about DOE loan guarantees. I got a call from the 
Secretary of Energy, Secretary Chu, requesting $90 million in this 
legislation or support in some legislative form to allow them to 
provide loan guarantees for three nuclear plants that are to be built. 
They want to begin a process to move down the road on some nuclear 
energy. I will support these loan guarantees. I think we should do a 
lot of things and do them well in the energy field, and nuclear energy 
will be one of those areas.
  But in order to do the loan guarantees for three nuclear energy 
facilities that would be built, they need another $90 million in 
authority. My understanding is that request has been made. However, I 
have a letter from Peter Orszag, the head of the Office of Management 
and Budget, that he sent to the Speaker, and he did request, on behalf 
of the administration, the $90 million for the Energy Department to be 
able to provide those loan guarantees. Again, I indicated I would 
support that request.
  They also have requested an additional $90 million on the renewable 
energy loan guarantees. Again, there was $2 billion that was removed 
from renewable energy and has not been restored. So there needs to be 
some restoration of that, and I would support these as well. But as I 
indicated, when discussing this with the Energy Secretary and others, 
there needs to be either an emergency request by the administration or 
a pay-for. The letter from Mr. Orszag, the head of the OMB, indicates 
they would request the $90 million for the loan guarantee for a nuclear 
facility, a third nuclear facility, and $90 million for renewable 
energy, and they say a separate request will be transmitted in the 
future to Congress to reduce the fiscal year 2011 budget by the amounts 
in the supplemental request. Well, that doesn't quite work. I think 
they understand that concern of mine. You can't offset spending you are 
going to do now with the reduction in a spending request for some 
future budget. That is not an appropriate offset.
  I simply wanted to say that my understanding is the House of 
Representatives will likely include this request that Secretary Chu 
says is very important, and I would agree with him that he should be 
able to have that loan authority to proceed. The House of 
Representatives will likely include that request, or have included it, 
including the appropriate offset in this fiscal year so that it does 
not increase the budget deficit.
  I have received some calls in the last day or so wondering why I am 
holding it up here. I am not holding it up here, but it cannot be 
considered here unless: A, the President has requested it as an 
emergency, and he has not done that; or B, there is an offset, and the 
offset being proposed in the letter from the head of the OMB is not an 
offset, as I said. A promise to submit a budget request that would 
reduce a future budget is not an offset for something that is done 
here.
  In any event, I hope this gets done. I support the Secretary's 
request. I believe it would be good for us to be able to proceed to 
have that loan guarantee for the third nuclear energy facility the 
Secretary wishes to do. If it can't get done here in the Senate with an 
offset, then at least it will come to conference between the Senate and 
the House. I hope very much that the House, with the provision of the 
offset, will make this possible for the Secretary. I wanted to explain 
that to the Senate. It is a little bit convoluted, but I wanted to 
explain it because somebody here thought I was blocking this loan 
guarantee request, and that is not the case. It is not the case that 
there is opposition to it, in fact. It is just the case that it needs 
to meet the rules in terms of an offset for the supplemental 
appropriations bill.
  Mr. President, let me ask unanimous consent to speak as in morning 
business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                                 Energy

  Mr. DORGAN. Mr. President, I wish to speak for a moment about energy 
more generally. I spoke in Dallas, TX, on Monday of this week at the 
National Wind Energy Conference. I think they said they had 20,000 
people there. Wind energy, of course, is a very important part of our 
country's energy future. We need to take steps to gather energy from 
the wind and the Sun, where the Sun shines and the wind blows. We need 
to use these resources for energy, and then put them on a wire and move 
them to the load centers that need that energy. Such actions will 
provide more energy here at home, and it makes us less dependent on 
foreign oil. These are all of the things that I commend. I was thinking 
today that there has been a lot of discussion in recent weeks on what 
may or may not happen on the floor of the Senate with respect to energy 
and/or climate change, and I wish to comment on that a bit.
  First, I believe something is happening to our climate. I believe we 
ought to reduce the carbon emissions that are going into the 
atmosphere, so I am in support of capping carbon. I have indicated, 
however, I don't support what is called cap and trade, which would 
effectively be a process by which we provide probably a $1 trillion 
carbon trading securities market for Wall Street. I have no interest in 
being a part of that and would not support speculation of carbon 
markets. However, I think there is something happening to our climate, 
and we would be wise at the very minimum to do a series of no-regrets 
things that move us down the road to limit carbon and develop 
opportunities to reduce carbon emissions and protect our climate.
  We have been considering whether we get that done now in some sort of 
climate bill or focus only on an energy bill. My colleagues Senator 
Kerry and Senator Lieberman and others have worked hard on a 
comprehensive climate bill. The question of what we

[[Page 9351]]

focus on now is an important issue. The climate change bill they are 
working on is something that is very substantial, and I commend them 
for their work. I think they have put an enormous amount of time into 
that legislation. However, that legislation has not gone through a 
committee process. They need to find a way to do that at some point. If 
there are not 60 votes in the Senate, then it will be difficult to move 
forward on their bill. That is what would be required to bring a 
climate change bill to the floor of the Senate. If there are not 60 
votes, then the very least we should do is work on the energy bill. 
This is the piece of legislation that has already passed the Senate 
Energy Committee in June 2009. That was a long time ago, and it passed 
on a bipartisan basis. We should bring it to the floor of the Senate 
and move it so that we actually provide substantial improvement to our 
energy policy in a way that addresses our national security and reduces 
carbon emissions. It is one thing to talk about it; it is another thing 
to put a plan together. It is another thing--and more important, in my 
judgment--to actually reduce carbon emissions.
  What have we done on the Energy Committee under the leadership of 
Senator Bingaman? I played a role, and many others, Republicans and 
Democrats, worked with him in writing that energy bill. What have we 
done? We have written a bill that does several things. No. 1, it is 
bipartisan, and No. 2, it would create a new federal national 
electricity standard. It is a national goal that says here is where we 
are headed and would put in place a pathway to maximize the production 
of electricity from wind, solar and other renewable energy sources. 
That is exactly the sort of thing we should do.
  So while we do that, we also include provisions for building 
retrofits and building efficiency provisions which are very important. 
We would provide the process by which you help construct the interstate 
highway of transmission capability. By doing that, you can find places 
in the country where you can collect energy from the Sun or the wind 
and put it on a wire and move it to the load centers.
  My State of North Dakota is one of the windiest States in America. 
Department of Energy has called North Dakota the Saudi Arabia of wind. 
Our kids are born leaning to the northwest against that prevailing 
wind. But we don't need more wind energy for ourselves. We can put up 
towers and turbines. We produce far more energy than we need in North 
Dakota. What we need is a modern day interstate highway transmission 
capability that can produce energy from the wind in North Dakota and 
solar from the rural areas of Arizona and so on, and put it on the wire 
and move it to the load centers where they need the electricity. That 
is the way you maximize the use of renewable energy for the benefit of 
the country.
  It is not hard to get energy from the wind. We have sophisticated, 
new, better technology in wind turbines. We put up a tower, especially 
in areas where you find these wind chutes, and you produce electricity 
virtually forever. Those blades turn around and you make electricity. 
It makes a lot of sense for us to maximize that.
  I am in favor of using fossil energy as well. I am not suggesting we 
use wind and solar energy in exchange for shutting down oil and gas and 
coal. We are going to continue to use fossil energy, but use it in a 
different way. We are going to move towards decarbonizing the use of 
coal, that requires targets and timetables and the ability and research 
to make that happen. I am convinced we will be able to move in that 
direction.
  Every day I have people coming to my office with the new ideas and 
solutions that is going to make this happen. I have had a guy visit and 
tell me about a new microbe that he discovered. It was a lollipop-
shaped microbe, that was 30 percent more efficient at breaking down 
cellulose than anything known to mankind. Therefore, this new microbe 
will be able to break down cellulose and turn it into cellulosic 
ethanol, reducing the cost from $3 to $2 a gallon. Big deal? Maybe so. 
I don't know. He has to develop that, and then we will see whether the 
market beats a path to his door.
  There are dozens of examples like that. Last night I saw Craig Venter 
on television. I think Craig Venter is extraordinary. He and Francis 
Collins led the human genome project. They created the first owners 
manual for the human body, and it is changing everything in medicine. 
He has now turned his attention to energy. Now Craig Venter is trying 
to develop synthetic microbes that could be used to chew away at 
coalbeds, in layman's term. The microbe will eat its way through the 
coalbed and turn coal into methane fuel. Is that the solution? Maybe 
so. Maybe that is the way to use coal in the future; I don't know.
  There is a guy in California who testified at a committee I chaired 
who has patented a process that takes the entire fuel gas from a coal 
plant and, through his patented process, mineralizes it and turns it 
into something that is harder and more valuable than concrete that 
contains all of the emitted CO2. This man says the process 
creates a value-added product that brings the price of carbon down to 
near zero. Maybe. I don't know.
  Another guy delivered a presentation to me and insists he has a 100-
mile-per-gallon diesel engine. Does he? I don't know; maybe. If he 
does, I hope the world beats a path to his door. The list of innovators 
goes on and on.
  A woman with a Ph.D. from Sandia National Laboratory, testified at a 
hearing I chaired. She said they are working on a heat engine in which 
you put CO2 in one side and water in the other. The 
molecules are then fractured and chemically recombine to produce a 
fuel. Produce a fuel out of essentially air, CO2, and water.
  We also have begun doing a lot of work on the issue of algae, I am 
now talking about how you would perhaps use coal in the future. Coal 
emits CO2. You capture the CO2 and use it to grow 
algae, which is a single-cell pond scum, or, the green stuff you see in 
standing water. CO2, water, and sunlight produce this 
single-cell pond scum. After growing the algae, you harvest it and 
produce diesel fuel. Wouldn't it be interesting if you could get rid of 
the CO2 by producing a new fuel. These are all just a couple 
of examples of the things I think could be breathtaking in terms of 
what kind of energy we use and how we use it in the future.
  Oil and natural gas. In my State of North Dakota we have more oil 
rigs drilling than anyplace in the country. We have discovered how to 
find oil 2 miles below the Earth in a shale formation called the Bakken 
shale that is 100 feet thick, I asked the U.S. Geological Survey to do 
an assessment of what is there. 2\1/2\ years ago they came back with an 
assessment that said there is up to 4.3 billion barrels of oil 
recoverable using today's technology. The Bakken shale formation is 2 
miles down. They drill down with one rig, 10,000 feet down, searching 
for the middle third of a 100-foot seam. They find the seam then, drill 
out 2 miles. So, they drill down 2 miles, then out 2 miles to search 
for a 30-foot seam. Then they use hydraulic fracturing so the oil 
drips. They then pump the oil, and that oil will pump from that well 
for 30 or 40 years. By the way, there are right now about 117 drilling 
rigs, drilling wells in North Dakota. They drill a new well every 30 
days and they strike oil virtually every time, because with core 
samples they know exactly where this huge shale formation is. This is 
the largest assessment of oil the U.S. Geological Survey has ever 
assessed in the history of the lower 48 States; and in the western part 
of North Dakota it is unbelievable the amount of drilling that is 
occurring.
  So, oil, natural gas and coal, all fossil energy, and we are going to 
continue to need them and use them. We want to be less dependent on 
foreign oil so that means producing more here.
  The terrible disaster that has occurred in the Gulf of Mexico means 
we are not going to lease new properties in the Gulf until we 
understand the consequences of deep well drilling, but we have drilled 
tens of thousands of productive wells. One-third of the domestic oil 
production comes from the Gulf, so that is not going to be shut down at

[[Page 9352]]

the moment. The question is: What happens in deep well drilling, what 
has happened that has caused this disaster? As Secretary Salazar and 
others indicated, they are not going to proceed with new drilling 
permits or under new circumstances until we understand what happened 
with the BP well, because this is an unmitigated disaster. There is no 
question about that.
  All of these things are important and a part of our energy future. 
The bill we drafted in the Energy Committee last June, that passed on a 
bipartisan vote, is a bill that does a lot of everything and does it 
well. The bill includes a renewable electricity standard, and builds 
and creates the opportunities to build new transmission lines.
  I didn't mention previously, but in the last decade we have built 
11,000 miles of natural gas pipeline and at the same time we have built 
only 660 miles of high-voltage interstate transmission lines. Why? 
Because it is very hard to build a transmission interstate. There are 
three things needed to build a transmission interstate: planning, 
pricing, and siting. You have to get them all right. What we have done 
in this energy bill is to create the menu by which we are finally going 
to get an interstate transmission capability built. We give FERC 
backstop authority, and we are careful on the planning and pricing side 
to try to get all of this right. I think in addition to the things I 
have described, the renewable electricity standard, the opportunity for 
an interstate highway of transmission capability that modernizes our 
grid, provides greater reliability, and maximizes the production of 
renewable energy, and building retrofits and building efficiency, there 
is a whole series of other things. I have so much to support.
  This piece of energy legislation will actually reduce carbon. I think 
it would be unthinkable to end this year without taking up a bipartisan 
piece of legislation that actually reduces carbon and actually reaches 
the goal of those who are wishing to have a climate change bill come to 
the floor this session.
  Again, let me end by saying that I think what Senator Kerry and 
others are working on is very important for our country. We have 
disagreements here and there, but the disagreement is not about whether 
there is something happening to our climate; I think there is. There is 
no disagreement about whether we ought to restrain carbon; we should. 
There is no disagreement about those central tenets. So I commend the 
work they have done.
  I think it is going to be very hard, frankly, to bring a very large 
piece of legislation to the floor soon that has not been through a 
committee process. Plaudits to the people who are working hard on this. 
It is also the case that even if they got their climate bill through, 
you would have to have another bill, like the bill the Energy Committee 
has already developed, to actually reduce carbon. On the one side, you 
set up targets, timetables, and goals; and on the other side, you set 
up policies that result in the reduction of carbon.
  My hope is the Energy bill that Senator Bingaman and I and others 
have worked on will be on the floor of the Senate at some point this 
summer. I think the Energy bill will do a couple things that are very 
important. No. 1, substantially reduce our dependence on foreign oil. 
Do you worry about our economy? I do as well, but it is not just the 
large banking institutions that steered this country into the ditch. I 
worry about how vulnerable we are to foreign governments and countries 
for our oil. We get up in the morning and flick a switch, turn off the 
alarm and turn on the light, make some hot coffee and take a hot 
shower, get in a car and turn a key. We use energy in so many ways 
without ever thinking about it. Oil is so central. Yet, over 60 percent 
of our oil comes from outside of our country, from some very troubling 
parts of the world. We need to be less dependent on foreign oil.
  This legislation we have written makes us less dependent on foreign 
oil. But as important as that is, this legislation begins to address 
the issue of climate change in a very real and very significant way. By 
maximizing the development of renewable energy for this country's 
future, and doing the things that are necessary to reduce the emission 
of carbon.
  As I said when I started, when I spoke in Dallas, TX, on Monday, at 
the National Wind Energy Conference, you could see and feel and hear 
the excitement of the people who understand that there is now a new 
opportunity to contribute to this country's energy supply, with 
renewable, clean, green energy.
  We have given very interesting incentives in this country to try new 
things. Early in the past century, in the nineteen-teens, our country 
said: If you go look for oil and gas, try to find some, produce some, 
explore for some, we are going to give you long-term, good, and 
permanent tax incentives.
  That is what we did. Why? Because we wanted people to find oil and 
gas. Those tax incentives still exist. What we did for renewable was 
very different. In 1992, we said: Here are some tax incentives for 
renewable energy if you are willing to develop some. But the tax 
incentives were shallow and temporary. They were extended six times and 
allowed to expire three times. It was stutter, stop, start, and nobody 
knew what to think. Invest now, don't invest next. It didn't make 
sense.
  I think what we ought to do is plan a menu for our energy future and 
say here is where America is headed for the next decade. Believe in it 
and invest in it. That is where we are going. We have done that with 
other forms of energy, oil and gas, but not with renewable energy, and 
we should. The ability to gather energy from the Sun that shines on 
this planet and from the wind. The ability to gather energy from wind 
is a source of energy that will last forever and will make a 
significant contribution, in my judgment, to our planet's health.
  Again, my hope is that in the coming weeks, as some colleagues work 
on a very broad piece of climate change legislation--and I think it is 
good that they are doing that and I commend them--if it is clear that 
the climate change legislation doesn't have the 60 votes, it is very 
important that we bring to the floor the product that came from the 
Energy Committee. That will advance this country's energy interests, 
with less dependence on foreign oil and clean, green energy for 
maximizing renewable energy sources.
  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.
  Mr. DORGAN. 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. DORGAN. Mr. President, I ask unanimous consent to speak as in 
morning business for 5 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                            Financial Reform

  Mr. DORGAN. Mr. President, yesterday, one of my colleagues, Senator 
Kaufman, from Delaware, came to the floor and expressed some concern 
about the issues that will now be followed with respect to financial 
reform. I wanted to simply say I share many of the concerns he 
expressed.
  There are some who are worried about financial reform going too far. 
I am worried that financial reform still doesn't go far enough. As we 
go into a conference, I note the conferees who have been appointed, and 
I note some of the conversations in the media about those who will be 
in the conference. I am worried. I think in order to address the issues 
that need to be addressed--and as my colleagues know, I have spoken 
about this many times, I think too big to fail has to be addressed. I 
don't think it is yet addressed adequately.
  I think that if we, in the future, have financial firms that are so 
large they cause a moral hazard, or unacceptable risks, and whose 
failure could bring down the entire economy, those firms that are in 
that situation of too big to fail have to be pared back to a point 
where they would no longer bring down

[[Page 9353]]

the economy should they fail. I don't think that has been yet 
adequately addressed.
  I also think we have not addressed the issue of the toxic assets that 
have been traded and essentially wagered in our economy to the tune of 
trillions of dollars. Some of that wagering, by the way, has turned 
some bank lobbies into not noticeable but certainly express casinos 
because of the trading of what are called naked credit default swaps, 
which are instruments of gaming that have no insurable interest on 
either side. The growth of these kinds of things and the gaming that is 
still going on is far afield from the investing and lending that used 
to be the central functions of our major financial institutions. 
Sources of capital for the purpose of buying trillions of dollars of 
naked credit default swaps is not a way to address the ills of our 
country.
  I attempted here to get an amendment offered that would simply ban 
the use of naked credit default swaps. I note that some other countries 
have now done that. I was not able to get a vote on it. We had a vote 
on a tabling motion to a second-degree amendment I offered. My hope is 
that will still remain an opportunity to be corrected in a conference.
  The issue of proprietary trading is still, I think, a significant 
issue. I have described banks trading derivatives on their own 
accounts. I wrote an article about this in 1994, which was the cover 
story of the Washington Monthly magazine. My story article was titled 
``Very Risky Business.'' I was describing then the risk of having 
proprietary trading by banks on their own accounts of very risky 
derivatives. That was 16 years ago. On the other hand, the legislation 
that has just passed this Congress doesn't shut down these issues. They 
have grown. They have not diminished.
  I think if we want to give the American people some comfort that 
somehow, in the end, financial reform will have addressed the issues 
that caused the near crash of this economy--the deepest recession since 
the Great Depression--more still needs to be done.
  I commend my colleagues who worked on this. But we do still have some 
disagreements and some concerns that this doesn't go far enough. As I 
said--and I noticed this in the papers this morning--some think there 
is a danger of this going too far. It does not, in my judgment. Much of 
it has been watered down in a way that doesn't provide the adequate 
protection that is needed going into the future.
  I note that today, Secretary Geithner is going to stop in Europe. He 
is making two stops in Europe, because he is concerned about the 
different approaches that are being taken by European countries, and 
some of the suggestions are that, well, the Europeans aren't doing as 
much here and there and, therefore, American financial institutions 
will move their business offshore. Look, I think most of us want to 
have a financial system that relates to the ways of doing finance that 
represent the safety and soundness of the financial industry. That was 
not the case in most recent years. We securitized almost everything--
almost anything that could be. We got rating agencies who acted as 
though they were inebriated, to give AAA ratings to securities that 
turned out to be almost nothing. Then they sold the risks up so that 
those who originally placed loans, for example, didn't have to 
underwrite the loans, because they weren't going to get stuck with the 
bill. They would sell them to hedge funds and investment banks, and 
everybody was making a massive amount of money--big bonuses.
  When the collapse came, Wall Street, according to New York 
authorities, had $35 billion in losses in 1 year and paid $17 billion 
in bonuses. That describes how everybody was awash in money. Everybody 
was making a lot of cash and big bonuses. What was happening is that 
all of this greed--this cesspool of greed--was steering this country 
into the ditch, and the American people suffered mightily as a result 
of it. Millions of people lost their jobs, millions more lost their 
homes, millions have lost hope, and there are millions of kids coming 
out of our colleges last year, the year before, and this year, who 
still cannot find work. That is the carnage and wreckage that occurred. 
The question in financial reform is: Will we tighten the laces and get 
it right, and do what is right on too big to fail, proprietary trading, 
and other issues? I wanted to say, when I read Senator Kaufman's 
statement, that he and I had many of the same concerns, as others do.
  I hope when the conference is held on financial reform, this bill 
gets tightened, not loosened, and that we make sure we do enough. Don't 
be too worried about going too far. We are a long way away from that 
finish line.
  I commend my colleague, Senator Kaufman, and others who have 
expressed concerns. I wanted to add my concern as well. The American 
people deserve to know the Congress is going to get this right. We have 
now had plenty of understanding and experience about what happened, and 
we should have the knowledge and the ability to decide we are not going 
to let it happen again, ever.
  Mr. President, I yield the floor and 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. ENSIGN. 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. 4229

  Mr. ENSIGN. Mr. President, I ask unanimous consent that the pending 
amendment be set aside, and I call up amendment No. 4229.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The bill clerk read as follows:

       The Senator from Nevada [Mr. Ensign], for himself and Mr. 
     Reid, proposes an amendment numbered 4229.

  Mr. ENSIGN. Mr. President, I ask unanimous consent that further 
reading of the amendment be waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To prohibit the transfer of C-130 aircraft from the National 
           Guard to a unit of the Air Force in another State)

       At the end of chapter 3 of title I, add the following:
       Sec. 309. No funds appropriated or otherwise made available 
     by this Act may be obligated or expended to transfer a C-130 
     aircraft from a unit of the National Guard in a State to a 
     unit of the Air Force, whether a regular unit or a unit of a 
     reserve component, in another State.


                           Amendment No. 4230

  Mr. ENSIGN. Mr. President, I ask unanimous consent that the pending 
amendment be set aside, and I call up amendment No. 4230.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The bill clerk read as follows:

       The Senator from Nevada [Mr. Ensign], for himself and Mr. 
     Reid, proposes an amendment numbered 4230.

  Mr. ENSIGN. 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 establish limitations on the transfer of C-130H aircraft 
  from the National Guard to a unit of the Air Force in another State)

       At the end of chapter 3 of title I, add the following:
       Sec. 309. (a) Limitations on Transfer of C-130H Aircraft 
     From National Guard to Air Force Units in Another State.--No 
     funds appropriated or otherwise made available by this Act 
     may be obligated or expended to transfer a C-130H aircraft 
     from a unit of the National Guard in a State to a unit of the 
     Air Force, whether a regular unit or a unit of a reserve 
     component, in another State unless each of the following is 
     met:
       (1) The aircraft shall be returned to the transferring unit 
     at a date, not later than 18 months after the date of 
     transfer, specified by the Secretary of the Air Force at the 
     time of transfer.
       (2) Not later than 180 days before the date of transfer, 
     the Secretary of the Air Force shall submits to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives, the members of Congress of the State 
     concerned, and the Chief Executive Officer and adjutant 
     general of the National Guard of the State concerned the 
     following:

[[Page 9354]]

       (A) A written justification of the transfer.
       (B) A description of the alternatives to transfer 
     considered by the Air Force and, for each alternative 
     considered, a justification for the decision not to utilize 
     such alternative.
       (3) If a C-130H aircraft has previously been transferred 
     from any National Guard unit in the same State as the unit 
     proposed to provide the C-130H aircraft for transfer, the 
     transfer may not occur until the earlier of--
       (A) the date following such previous transfer on which each 
     other State with National Guard units with C-130H aircraft 
     has transferred a C-130H aircraft to a unit of the Air Force 
     in another State; or
       (B) the date that is 18 months after the date of such 
     previous transfer.
       (b) Return of Aircraft.--Any C-130H aircraft transferred 
     from the National Guard to a unit of the Air Force under 
     subsection (a) shall be returned to the National Guard of the 
     State concerned upon a written request by the Chief Executive 
     Officer of such State for the return of such aircraft to 
     assist the National Guard of such State in responding to a 
     disaster or other emergency.

  Mr. ENSIGN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. ISAKSON. 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. 4221

  Mr. ISAKSON. Mr. President, I ask unanimous consent the pending 
business be set aside so I can call up Isakson amendment No. 4221.
  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 Georgia [Mr. Isakson], for himself and Mr. 
     Chambliss, proposes an amendment numbered 4221.

  The amendment is as follows:

    (Purpose: To include the 2009 flooding in the Atlanta area as a 
        disaster for which certain disaster relief is available)

       On page 35, line 7, insert ``FEMA-1858-DR,'' before ``FEMA-
     1894-DR,''.

  Mr. ISAKSON. This is a technical language amendment that references 
the FEMA money that is proposed in this legislation to ensure that 
Georgia is included in consideration of the dispersing of that funding 
based on the flood experience in 2009. That is all it does. It is a 
language amendment.
  I ask it be considered, and I yield my time.
  I make a point of order a quorum is not present.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. INOUYE. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mrs. Hagan). Without objection, it is so 
ordered.


                     Amendments Nos. 4232 and 4231

  Mr. INOUYE. Madam President, the Senator from Oklahoma has proposed 
two amendments, both of which are designed to offset the cost of the 
supplemental bill before us. He argues that the Nation needs to find 
ways to use existing funds to meet these needs. He even argues that 
some of the items were not unforeseen and, therefore, do not qualify as 
emergencies.
  I would respond, do not tell the people of Rhode Island and Tennessee 
that the floods in their States are not emergencies. I would say any of 
us watching television are aware of the emergency which is occurring 
now on the gulf coast. I would even say those in Oklahoma whose forests 
and towns have been damaged by tornadoes are aware of what an emergency 
is.
  The Senator suggested we should not declare the cost of war as an 
emergency since we have known about the costs of war since September 
11, 2001. I would remind the Senator and my colleagues that the current 
administration did its best to foresee the costs of war and included 
funding for those costs as part of its budget request, and the Congress 
acted to meet these needs.
  But circumstances change. The deteriorating conditions in Afghanistan 
led our military leaders to recommend, and the President to conclude, 
that we needed to increase our forces in Afghanistan. The funds in this 
bill are that unforeseen portion of the cost of war. For someone to 
argue they do not qualify as an emergency is most unfortunate.
  The Senator suggests we should cut unobligated balances. Several 
others have suggested we should cut from the stimulus bill. Nearly 
every dollar remaining in the stimulus bill has been committed to a 
particular project if not yet obligated. If we look at what is left, 
the largest item that is unobligated at the moment is for high-speed 
rail--approximately $7.9 billion--but those funds have been awarded to 
specific projects. We know where the funds are going, and they will all 
be awarded on contracts soon.
  There is some $6 billion in unobligated Pell grant funding. But that 
amount is already assumed in the fiscal year 2011 budget. We already 
have a $5.7 billion shortfall in this great scholarship funding 
program. If we rescind this $6 billion, we will need to find nearly $12 
billion in fiscal year 2011 to meet the shortfall.
  More than $6 billion remains available to pay the States for fiscal 
stabilization. Thirty-four States have written budgets assuming these 
funds would be available to them. States such as Texas are scheduled to 
receive more than $1 billion of this amount. These funds are 
unobligated, but that does not mean they are not wanted.
  More than $4 billion remains unobligated for education reform. The 
funds are ready for award and will be obligated in the next 4 months. 
Is this the program we want to stop?
  Several Senators have proposed specifically rescinding funds from the 
Recovery Act. Senator Coburn also suggests this is one possible area of 
savings. Well, unless we want to cut the programs I have listed above, 
there are no funds to rescind from the stimulus bill.
  The Senator from Oklahoma is indiscriminate in his suggestion we cut 
unexpended balances. Let me say this to my colleagues, in a trillion 
dollar discretionary budget, we better hope we have unobligated 
balances because if we did not, we would be terminating government 
services with a third of the year still remaining to be funded. For 
example, there would be no one to send out Social Security checks, no 
one to keep our national parks open, and no funds to maintain a 
terrorist watch list or fight our wars.
  But unobligated does not mean unneeded. On Monday, I noted we have 
$8.3 billion in unobligated balances in the Joint Strike Fighter 
Program, but the Senator does not say what programs he would propose 
for the bulk of the cuts he is mandating.
  In one amendment, he says, do not cut defense spending. In the other, 
it is, do not cut veterans funding. I share that sentiment, but if we 
are talking about cutting discretionary funding, the large unobligated 
balances are in the Defense Department.
  As of last month, the Defense Department had nearly $400 billion in 
unobligated balances. There are plenty of unobligated balances to pay 
for the supplemental. But what sense does it make to cut defense 
spending so we can increase funds to cover the cost of war? Even the 
Senator seemingly agrees it would make no sense.
  The $80 billion rescission authority in the Senator's amendment is 
virtually unworkable. In fiscal year 2010, the Federal funds 
unobligated balances, excluding the Defense Department and the 
Veterans' Administration, are about $597 billion. More than half of 
that--$330 billion--is unobligated balances for Treasury which are 
mostly financing mechanisms such as credit reform balances. These 
cannot be rescinded. That leaves only about $267 billion for the $80 
billion of proposed rescissions.
  Nearly one-third of the funds available to continue government 
operations for the remainder of the fiscal year would have to be 
eliminated. And, under the amendment, the Congress would defer to the 
unelected OMB Director to determine where to make the cuts. Not only is 
this a terrible concept, it is an abrogation of our responsibility to 
make spending decisions for the Nation. And, you can be sure, were we 
to adopt this amendment, the first thing to be cut would be 
congressional priorities.

[[Page 9355]]

  It is always easy to suggest we should cut unobligated balances, or 
waste, fraud, and abuse, or someone else's earmarks. What is much 
harder to identify is specific programs which should be cut.
  By way of example, if we cut funding for NOAA, it will mean reducing 
our capabilities to track the devastating oil spill washing up on our 
gulf coast communities at this moment. Slashing unobligated funding 
would curtail the efforts to restore wetlands and beaches that are 
vital to the environment and the local economy and to our fishermen who 
are banned from fishing, evidenced by the fishing disaster just 
declared by Secretary Locke.
  In the case of homeland security, most of the unobligated balances 
which remain available are for acquisitions such as the national 
security cutter, aircraft for border security, border station 
construction, explosive detection equipment for our airports, radiation 
portal monitors, and border technology such as sensors, cameras, and x-
ray machines. This amendment would force us to curtail spending on 
these programs at the same time other Senators are urging the Senate to 
increase funding for them.
  The Senator's two amendments fall short in identifying reasonable 
offsets for the cost of these bills. Does this body want to penalize 
all civil servants by not allowing any cost-of-living adjustment for 
the coming year? Do we want to encourage our most skilled workers to 
leave Federal service because their pay, which already doesn't match 
the employment cost index when comparing similar jobs in the private 
sector, would be frozen? What sense does it make to encourage our best 
workers to quit? That is not good management. Few successful private 
enterprises would suggest freezing pay for all their workers.
  There are items that I believe have merit in the Senator's proposal, 
and I hope the committee can work with him as we move forward into 
fiscal year 2011 to identify them. Cutting overhead and saving funding 
through taxpayer compliance are good ideas which I know our 
appropriations subcommittees share. The government should rid itself of 
excess real property, and it should be encouraged to do so. But to set 
an arbitrary target of cutting $15 billion seems unrealistic, 
unwarranted, and unwise.
  All my colleagues should be advised that it is very difficult to make 
significant reductions in spending 7 months into the fiscal year. At 
this point, we have made commitments to our agencies, and they, in 
turn, have made commitments to contractors and grant recipients. No, 
they haven't spent all their funding for the entire fiscal year, but 
nor do they have large unneeded balances that can be reapplied to cover 
the cost of emergent requirements.
  If the Senate were to agree to cut $100 billion from the legislative 
budget at this juncture, the Congress would have two choices: lay off 
our staffs so that we are unable to meet the legislative demands of the 
institution or stop work on maintenance.
  The Architect of the Capitol, Mr. Stephen Ayers, just testified that 
the Capitol Complex faces a growing backlog of deferred maintenance 
projects totaling over $1.6 billion which must be funded in the near 
future. Many of these projects are fire- and life-safety related. The 
Architect has received numerous citations about the urgency of the 
needed repairs to the aging infrastructure in the historical buildings 
within our complex. The Russell, Cannon, Capitol, and the Thomas 
Jefferson Library of Congress buildings are all in violation of current 
fire safety codes. The longer this work is delayed, the more it will 
ultimately cost. Each year, the Appropriations Legislative Branch 
Subcommittee attempts to whittle away at this backlog by funding a 
handful of these projects in the annual appropriations bill.
  So we could cut $100 million from the legislative budget, but it 
would be penny wise and pound foolish, as the old adage says.
  One suggestion made by the Senator from Oklahoma is to cut the 
administrative expenses of the Federal agencies by 5 percent. Again, it 
is an idea that sounds good. Surely every bureaucracy can be cut back. 
I would note that on the Appropriations Committee, we look for such 
cuts every year, but setting arbitrary targets would be irresponsible. 
For example, in the case of the State Department and the USAID, which 
lost large percentages of their professional staff during the 1990s or 
had them transferred from Washington to other embassies in Iraq or 
Afghanistan after 9/11, it will exacerbate an already unsustainable 
situation. Some of our embassies are 20 percent short of staff. USAID 
is being asked to do more and more, especially in key countries such as 
Pakistan, without nearly half the staff to manage the funds and conduct 
the necessary oversight.
  Here are a few examples of what a 5-percent cut means. The Indian 
Health Service medical services would be cut by $185 million. This 
means 10,000 fewer inpatient admissions, 195,000 fewer dental patient 
visits, 55,000 fewer mental health patient visits, and 85,000 fewer 
public health nursing visits. The National Park Service base operations 
would be cut by $115 million and result in a loss of 1,130 park rangers 
nationwide. This would necessitate the closure of most national parks 
where security and health and safety maintenance could not be 
maintained, such as the Statue of Liberty, the Washington Monument, the 
Grand Canyon, Yosemite, and the Yellowstone National Park. Just think 
of the impact of such an action as we head into the busy summer months. 
The American people would be incensed by such a recommendation.
  This amendment would cut the childhood immunization program by $25 
million, preventing more than 30,000 children from being vaccinated 
this year.
  Mr. COBURN. Madam President, would the chairman yield for a question?
  Mr. INOUYE. Yes, I will be glad to.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. COBURN. The reduction is in overhead expense; it is not in labor. 
The definition the Senator is using is an across-the-board cut. That is 
not in this amendment at all. Does the chairman realize that the 5-
percent reduction is in overhead--not direct labor, not actual 
employees, but the management costs to run the different agencies?
  Mr. INOUYE. We have looked into that, and I can assure my colleague 
that all the statements I have made have been verified.
  Further, it would eliminate childcare subsidies for 35,000 low-income 
children and their working families who depend on subsidies in order to 
be able to work. It would eliminate over 40,000 Head Start slots that 
provide comprehensive early childhood services to low-income children. 
It would more than double the number of people waiting on their 
disability decisions from the Social Security Administration and delay 
benefits for everyone waiting on a decision. It would eliminate 13 
million meals for older Americans, many of whom are low income, 
disabled, and depend on these meals for the majority of their daily 
food intake.
  On another matter, these amendments would also arbitrarily cap 
voluntary payments to the United Nations by $1 billion. No matter how 
important to U.S. security, no matter how much our allies are 
contributing, no matter that our influence is often the function of how 
much we contribute, the amendment picks a round number out of the air 
and prohibits spending $1 more. Those calculations must be made program 
by program, agency by agency, whether for UNICEF, the World Food 
Programme, the International Atomic Energy Agency, or some other U.N. 
organization. The decisions should be based on the merits and the 
national security and foreign policy interests of the United States, 
not on some arbitrary amount proposed in this amendment.
  Let's stop trying to legislate by formula. If there are U.N. programs 
that do not deserve to be funded, I am all for cutting our 
contributions, but this amendment does not name a single one.
  Placing a cap on new Federal employees would create problems for 
several agencies. If Homeland Security

[[Page 9356]]

needs to increase the number of Border Patrol agents to secure the 
border or the number of TSA operators to screen passengers for 
explosives under their clothes, does that mean we must cut the number 
of Secret Service agents or Coast Guard personnel or customs inspectors 
or FEMA personnel who are now helping to respond to disasters in 
Tennessee, Louisiana, Oklahoma, and Mississippi?
  The same point can be made for the IRS and the HHS because most 
fraud, abuse, and waste is in the Tax Code and in Medicare. We need 
additional personnel to uncover this waste.
  For the Veterans' Administration, when the agency is seeing an 
increasing number of veterans suffering from complex combat-related 
injuries and mental health problems due to numerous deployments, this 
is exactly the type of government action our veterans do not need or 
deserve. Congress has consistently, on a bipartisan basis, increased 
funding for the VA to build its capacity to handle these types of 
disorders. This type of zero sum amendment would ensure that in order 
to adequately serve veterans suffering from mental health and other 
combat-related injuries, the VA would have to decrease its capacity to 
handle other services, including addressing the backlog of claims 
processing.
  This is a small point, but since the Senator chose to raise it 
yesterday, I wish to respond. I find it to be a clear example of the 
way the Senator misunderstands the work of the Appropriations 
Committee.
  In his remarks yesterday, the Senator noted that the bill includes 
$1.8 million for the work of the Financial Crisis Inquiry Commission 
and stated that it was inappropriate to include $1.8 million in 
emergency funding to continue the efforts of this Commission. Several 
Members of this Chamber disagree with the judgment of the Senator that 
the Commission is unnecessary, but on one point I agree with the 
Senator. I share his views that the continuation of the Commission does 
not constitute an emergency, and for that reason, the Financial 
Services Subcommittee has been directed to identify an offset in 
discretionary funds to pay for this Commission, and they did. The cost 
of the Commission is fully offset with discretionary rescissions.
  I will reiterate what I said on Monday. The vice chairman and I 
worked to ensure that only emergencies were funded in this act. In the 
few cases where nonemergency projects were funded, we insisted that 
these programs be offset. This may be the first time in decades that 
the committee has followed such a strict policy. Collectively, it was 
the judgment of the members of the committee that these are, indeed, 
tough times and we have to be very stingy with our taxpayers' funds. 
But let me repeat: The fiscal crisis the country faces cannot be 
overcome by failing to invest in those programs which are essential to 
our Nation.
  The amendments offered by the Senator are unworkable. They represent 
a classic case of robbing Peter to pay Paul. Should we cut the pay of 
our employees at the same time we are asking them to be more efficient? 
That makes little sense.
  Should we cap the number of Federal employees when demands for 
veterans services, border security, and ferreting out waste are on the 
rise?
  Again, in sound bites, it does sound good. But in implementing the 
concept, we see it is unworkable.
  Finally, I think the Senate should thank the Senator from Oklahoma 
for drawing attention to the matter that we need to do more with less.
  As chairman of the Appropriations Committee, I can see the belt 
tightening that will be required in the coming years as we get our 
fiscal house in order. There are elements of this proposal I intend to 
have our subcommittees incorporate as we move bills for fiscal year 
2011.
  I can assure the Senator and all members of the committee that the 
committee will continue to stress the requirement to uncover waste and 
cut it. We will scrutinize all aspects of the Federal budget to 
identify the duplication and unnecessary spending, and we will use 
these savings to invest in the shortfalls the Nation faces.
  I urge my colleagues to reject these amendments because, on balance, 
they are the wrong approach to solving our Nation's emergency needs.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oklahoma is recognized.
  Mr. COBURN. Madam President, I am taken aback by the chairman's 
remarks. We now sit at $13 trillion worth of debt, we have 10 percent 
unemployment, we are 4 years away from being Greece, and we are going 
to do what we have always done. The reason we can freeze Federal pay is 
because there is absolutely no inflation in this country. So instead of 
giving the raise, we don't. Every private sector business out there 
today is getting extremely more with less--to the tune that the 
productivity in the private sector was up 6.8 percent. If we had that 
same productivity in the Federal Government, we could lose 150,000 
employees and do the same thing. But we would not accept what is 
necessary--the necessary pain--to protect this country for its future.
  The chairman mentioned unobligated balances, but he spoke about 
obligated balances. We are not talking about money that has been 
obligated; we are talking about hundreds of billions of dollars that is 
not obligated. Last year, at the end of the fiscal year, there was in 
excess of $700 billion from the previous year that was unobligated, 
sitting there.
  So it is about managing our money properly. That is like saying if 
you have $30,000 in a savings account and you want to buy a new home, 
you are going to leave it there and go borrow $60,000. No, you are 
going to use part of that to buy your new home. So we have the same 
approach that is disgusting America: We can't, we can't. What we can do 
is borrow against the future of our children. That is what this bill 
does.
  So the first time we come out here with two good amendments that will 
offer a choice for the Senators of this body to actually make a 
downpayment on change in this country, to make a true downpayment on 
change, we get the same thing I have heard for 5\1/2\ years: We can't.
  Let me tell you what we can do. We can cap Federal employees. We have 
added 180,000 Federal employees in the last 17 months in this country. 
By the way, their average salary is $30,000 more a year than in the 
private sector. Their benefits are $40,000 a year, which is twice what 
it is in the private sector. So capping Federal employees is a great 
way to start slowing down the growth and cost of government.
  If the bureaucracy isn't responding, then it requires management 
changes rather than adding more people. The worst managers in the world 
always give the excuse: I need to have more people, rather than: I need 
to be creative about getting more out of the people I have today.
  We need to change the standard under which we operate our government. 
We need to expect more, and we need to pay less. The American people 
cannot afford the government we have. We are unaffordable.
  The chairman brings to the floor a bill that is more of the same. You 
can be critical of what we have offered. We don't have the advantages 
of the staff the chairman has. But this is an honest attempt to pay so 
we don't charge it to our children.
  Notice he didn't say anything about the savings of $4.6 billion for 
not printing this paper every day that nobody reads but reads on the 
Internet. Yet we are going to spend $460 million a year printing 
government reports from this body and the White House that nobody looks 
at in hard copy. I would assume you would take by unanimous consent 
that we would cut $4.6 billion from the American Government. We didn't 
hear about that. That is not one of the bad ideas. We weren't attacked 
on that.
  This Federal Government has to change if our kids are going to have a 
future. It isn't going to change until we have the courage and the 
fortitude to start making the hard choices. What the Appropriations 
Committee has said is that we are not going to make hard choices, we 
are just going to borrow the money. How many of you think the war is an 
emergency? How long have

[[Page 9357]]

we known, or how long have we been in Afghanistan? It is not an 
emergency. Here on the chart is the definition of our own rules for 
emergencies. Nothing in this bill meets that except FEMA--nothing. Yet 
we have the gall to bring to the floor a bill called an ``emergency'' 
because we don't want to have to pay for it. We don't want to make 
tough votes or make choices between competing priorities.
  We are just kicking the can down the road, and we are kicking the 
soup that was in the can all over our kids. We lack courage. It is not 
popular, it is not fun to make the hard choices, but we don't have any 
leadership that will bring the hard choices. That is why you have this 
amendment. Had we brought this amendment and we made the choices, we 
probably would not have gotten much kickback. But we decided we are 
just going to charge it to our children.
  Guess what is coming after this. Another $200 billion that isn't paid 
for. Since the chairman of this committee voted for pay-go, we have 
borrowed $173 billion outside of pay-go because we voted and said it 
didn't count, and we had this wonderful celebration that we are not 
ever going to borrow money again. We are going to live within pay-go. 
But every time it has been there, we kicked it down the road. Pay-go 
means nothing. It means the American people will pay and we will go 
spend it. That is what it means. That is what this bill does. American 
people--you kids, you grandkids--you are going to pay, and we are going 
to go spend it. How are you going to pay? Your standard of living will 
decline.
  This body--Republicans and Democrats alike--is complicit in ruining 
the future for our children. It is time we change. We have a committee 
that makes fun of attempts to try to change things; actually, it 
stretches the truth. This isn't going to cost one TSA person their job 
or one FBI person. This government is so fat and so overladen with 
excess that any smart manager can come in and streamline it and we can 
save 10 percent and the American people know that.
  We have 12 million people on SSI and SSDI. Do you know what we have 
discovered? We have discovered that 6 out of 100,000 of them are 
operating commercial vehicles right now, but they are ``disabled.''
  We have all sorts of fraud going on. We will not address that. We 
will not fix that. There is waste--at least $350 billion the American 
public--maybe not this body--would agree we can cut out of the 
discretionary in fraud and Medicare tomorrow, and nobody would feel a 
thing. Yet we have a stoic Appropriations Committee that comes to the 
Senate floor and tells us we can't pay for it. It is not that we wanted 
to pay for it, we didn't want to pay for it because the staff on the 
Appropriations Committee knows where the dollars are, but they weren't 
told to pay for it. They are not going to be told to pay for the 
extenders bill that is coming either. What will have happened since 
February 12 when we passed pay-go? I will tell you what will have 
happened: $500 billion--$\1/2\ trillion--more in spending that is 
unpaid for and charged to our kids, and that will happen before July 1. 
So in 4\1/2\ months, after we say we are going to put in the 
discipline, that we are not going to spend money we don't have, we are 
going to spend another $\1/2\ trillion.
  No wonder the country is sick of Washington. Our behavior causes them 
to wonder about the future of our country. I don't apologize for 
offering this amendment. I hope you vote against it because the voters, 
this time around, are going to be looking at how you vote and whether 
you are voting to make the hard choices, willing to eliminate things--
maybe some things that are good but not as good as what we need to be 
doing--and make this a priority.
  We don't have that courage. My challenge to my colleagues in the 
Senate is, let's buck up. It is OK to take heat from the special 
interests, the well-connected and well-endowed. Let's do what is the 
best and right thing for the country, not the easy thing for us, 
because this bill, the way it is written now, is easy for us.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from South Dakota is recognized.


                           Amendment No. 4173

  Mr. JOHNSON. Madam President, I will speak for a few minutes 
regarding amendment No. 4173, offered by Senators Sessions and 
McCaskill.
  While I understand the imperative of balancing the budget, an across-
the-board amendment that sets an artificial ceiling for all 
discretionary spending is not the solution. If Sessions-McCaskill is 
adopted, the Senate will be forced to slash funding for the Department 
of Veterans Affairs and its related agencies--including Arlington 
National Cemetery--by $1.1 billion below the requested level.
  If we take medical care off the table--and I for one am not willing 
to cut medical care for vets--we put every other VA program at risk, 
including claims processing, medical and mental health research, and 
hospital and clinic maintenance and renovation. This would translate 
into an $862 million cut below this year's appropriation for non 
medical care VA programs. We are talking about a serious funding 
shortfall for essential VA programs.
  This year, the VA's budget request includes $460 million over fiscal 
year 2010 to hire more than 4,000 new claims processors. After years of 
budget requests that ignored the backlog of claims and the unacceptable 
wait times for vets to get disability benefits, we finally have a 
responsible budget request that doesn't simply expect Congress to fill 
the holes.
  The current wait time for a vet to have a disability claim processed 
is 160 days, and because of new benefits coming on line that will 
stress the system even more, the wait time is expected to spike next 
year. Asking a combat vet to wait 6 to 7 months before receiving 
payments for injuries they suffered while defending this Nation is 
wholly unacceptable. We cannot afford to delay the hiring of more 
claims processors.
  Likewise, we cannot afford to defer critical research into combat-
related medical and mental health conditions, such as traumatic brain 
injury and post-traumatic stress disorder. To do so while this Nation 
is at war would be the height of irresponsibility.
  For construction, the VA's request already reduces these accounts by 
$293 million from fiscal year 2010. Further reductions in the program 
will only increase the backlog of construction projects.
  I hope the authors of this amendment did not intend to reduce funding 
for veterans, but this amendment does nothing to protect them, and the 
subcommittee will only be able to fund programs to the level to which 
funding is available.
  I urge my colleagues to reject this amendment and pass a sensible 
budget resolution that tackles the Federal deficit in a holistic 
approach rather than simply attempting to balance the Federal budget on 
the discretionary side of the ledger.
  Madam President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Hawaii.
  Mr. INOUYE. Madam President, I thank and commend my friend for his 
presentation. He is one of the hardest working subcommittee chairmen of 
the Appropriations Committee.
  If I may, I wish to be a bit personal. As some of my colleagues are 
aware, I did put on the uniform of this land and served in a war that 
was fought about six decades ago--ancient times. A few things happened 
between that time and this war. For example, although the regiment I 
was privileged to serve in had about the highest casualties per capita 
in the European conflict, it may be hard to believe but there was not a 
single double amputee survivor.
  Today, if one goes to Walter Reed Hospital, one will see dozens of 
double amputees. Why? Because of high tech. For example--I am being 
personal now--in my case, it took 9 hours to evacuate me. Nine hours? 
That is a long time. But in Italy, they have hills. We had no 
helicopters in those days. You had to be carried by hand. As a result, 
no brain injuries survived and no double amputees survived. So the 
families did not have the problem then that they are having now.

[[Page 9358]]

  There is another big difference. For example, if I wrote a letter as 
a soldier in Italy, that letter was censored by my commanding officer. 
I could not say anything about the war. All I could say is: Italy is a 
beautiful place. The food is fabulous. Nothing else. You could not say 
that my buddy Tom was shot. What they received at home were pleasant 
notes.
  Today we have what is known as cell phones and other technology. You 
can communicate with your spouse every day. And these items are not 
censored.
  I have had members on my staff with husbands fighting in Iraq and 
Afghanistan. They communicate all the time. Imagine if you are 
communicating with your husband in Iraq and suddenly you see that 
evening on CNN a program with that outfit in combat and your husband 
does not call you the next day. The stress disorder complex is not only 
hitting the GIs, it is hitting families. And now we are trying to cut 
VA, the Veterans' Administration, when the need is much greater? I 
cannot understand that.
  I concur with the chairman that, if anything, if we are to show 
appreciation and gratitude, we should not be cutting, we should be 
helping. I commend the Senator.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maine.
  Ms. COLLINS. Madam President, I feel honored that I was on the floor 
and able to hear the chairman of the Appropriations Committee reflect 
on his own service and also compare the differences between World War 
II and the experience of our soldiers, our sailors, our airmen, and 
marines in the current conflicts.
  My own father is a World War II veteran who was wounded twice in the 
Battle of the Bulge. The second time he was wounded was when he was 
waiting to be evacuated. I can relate slightly, from the experience of 
my own father, to what we just heard from the distinguished chairman of 
the Appropriations Committee. I cannot imagine being so badly wounded 
and waiting for 9 hours to be evacuated.
  It is a good reminder to all of us, as we engage in the day-to-day 
debates and arguments and, at times, contentiousness, that we have true 
heroes in our midst. Certainly, the Senator from Hawaii is one of 
those. I thank him for his service--his lifelong service. It was an 
honor to be on the floor and to hear him talk about it because, like 
many of our World War II veterans, he does not talk about it very 
often.
  I wanted to say that before beginning my remarks.


                           Amendment No. 4253

  Madam President, I ask unanimous consent to set aside the pending 
amendment and to call up amendment No. 4253, which is at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The bill clerk read as follows:

       The Senator from Maine [Ms. Collins], for herself, Mr. 
     Alexander, Mr. Bond, Mr. Voinovich, Mr. Inhofe, Ms. Snowe, 
     Mr. Begich, Mr. Thune, Mr. Coburn, Mr. Gregg, and Ms. 
     Murkowski, proposes an amendment numbered 4253.

  Ms. COLLINS. Madam 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 prohibit the imposition of fines and liability under 
      certain final rules of the Environmental Protection Agency)

       On page 79, between lines 3 and 4, insert the following:


                   prohibition on fines and liability

       Sec. 20__. None of the funds made available by this Act 
     shall be used to levy against any person any fine, or to hold 
     any person liable for construction or renovation work 
     performed by the person, in any State under the final rule 
     entitled ``Lead; Renovation, Repair, and Painting Program; 
     Lead Hazard Information Pamphlet; Notice of Availability; 
     Final Rule'' (73 Fed. Reg. 21692 (April 22, 2008)), and the 
     final rule entitled ``Lead; Amendment to the Opt-out and 
     Recordkeeping Provisions in the Renovation, Repair, and 
     Painting Program'' signed by the Administrator on April 22, 
     2010.

  Ms. COLLINS. Madam President, this is a modified version of an 
amendment I offered yesterday. I am joined by Senators Alexander, 
Inhofe, Bond, Voinovich, Snowe, Begich, Gregg, Brown of Massachusetts, 
Murkowski, Coburn, Thune, and Corker in supporting this amendment.
  On April 22, the EPA's new lead paint rule went into effect. As I 
explained to my colleagues yesterday, unfortunately the EPA completely 
botched the implementation of this important rule. This rule is 
intended to make sure that lead-based paint is removed safely from our 
homes and, thus, it requires those involved in house renovations to 
participate in a training course in the proper removal of lead-based 
paint, and then be certified.
  Unfortunately, the EPA did not plan well for the implementation of 
this new rule. Across our country, it did not have in place the 
necessary trainers and classes so that individuals could be trained to 
comply with this new rule.
  What our amendment would do is to delay the fines that would apply in 
cases of violations of this new rule until September 30. Indeed, it 
would prohibit the EPA from imposing these fines, which are as high as 
$37,500 per day per violation for violating this rule.
  I want to make clear that I support efforts to rid our homes of toxic 
lead-based paint in a safe manner. But it is simply not fair to impose 
these burdensome, onerous fines on contractors who have been unable to 
get the EPA-provided training because the EPA did such a lousy job in 
planning for implementation of this new rule.
  In my State, for example, as of last week, we have only three EPA 
trainers to certify contractors for the entire State. As a result, only 
about 10 percent of the State's contractors have been certified. 
Hundreds of home renovators have had their names on waiting lists, some 
for as long as 2 months, but they simply cannot get the necessary 
training, and that is through no fault of their own.
  I note that my amendment has been endorsed by the National Federation 
of Independent Business, our Nation's leading small business advocacy 
organization. It has been endorsed by the Window & Door Manufacturers 
Association and the National Lumber and Building Material Dealers 
Association.
  These groups have endorsed it because they are hearing from their 
members of the tremendous burden and the tremendous fines that their 
members are potentially at risk of receiving through no fault of their 
own.
  As the NFIB pointed out in its letter, the new EPA lead rule applies 
to virtually anyone who is involved in home renovations involving lead-
based paint. That includes painters, plumbers, window and door 
installers, carpenters, electricians, and other specialists. Its reach 
is very broad.
  What we found throughout the country is the EPA completely 
underestimated the number of people who would have to be trained. They 
also seem to be operating under the false assumption that contractors 
either do new construction or renovation. Madam President, I don't know 
about your State, but that is not true in my State. In my State, the 
home renovators do all sorts of work, particularly in this economy.
  This imposes a tremendous burden on those of us who represent large 
rural States. In my State, most of the courses were held in the 
southern part of the State, requiring painters and other contractors to 
travel hundreds of miles to get the training they need. There are three 
States where EPA does not have any certified trainers available.
  This is a commonsense amendment attempting to put some sense in the 
decisionmaking at the EPA by extending, until the end of this fiscal 
year, the time for compliance.
  I want to make clear that I believe we should try to proceed with the 
removal of lead-based paint and that we need strict safety standards. 
But it does not make sense to impose huge fines on contractors who are 
unable to get the required training, the mandatory classes because the 
EPA did not have the trainers in place before putting the rule into 
effect.

[[Page 9359]]

  In my State, the building industry is still struggling, and for a lot 
of individuals who are involved in the building industry, their only 
work is to do home renovations.
  My State also has an old housing stock, one of the oldest in the 
Nation. Ironically, this new rule may result in not having anyone who 
is qualified to remove lead-based paint from homes because of the way 
this rule has been implemented.
  I talked at some length about this issue yesterday. I am not going to 
repeat what I said yesterday. But let me point out that a lot of the 
contractors in my State who are struggling already financially do not 
earn in a whole year the $37,500 they can be fined for one violation by 
the EPA. It is simply unfair that these heavy fines can be imposed when 
it is the EPA's fault that the classes have not been made more readily 
available.
  All I am attempting to do is to provide the EPA with more time to 
increase the number of certified trainers. This is a matter of 
fairness.
  Madam President, I ask unanimous consent to have printed in the 
Record the endorsement letters from the NFIB, from the National Lumber 
and Building Material Dealers Association, and from the Window & Door 
Manufacturers Association.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                            National Federation of


                                         Independent Business,

                                     Washington, DC, May 25, 2010.
       Dear Senator: On behalf of the National Federation of 
     Independent Business, the nation's leading small business 
     advocacy organization, I am writing in strong support of the 
     Collins Amendment to H.R. 4899, the Supplemental 
     Appropriations bill, to delay the enforcement of the 
     Environmental Protection Agency's (EPA) lead rule until 
     September 30, 2010. The NFIB will consider a vote in support 
     of this amendment as an NFIB Key Vote for the 116th Congress.
       On April 22, 2010, the EPA's lead rule went into effect 
     requiring home renovation contractors to complete a mandatory 
     training class at an accredited facility. The new EPA lead 
     rule applies to virtually any industry affecting home 
     renovation including: painters, plumbers, window and door 
     installers, carpenters, electricians, and similar 
     specialists. The penalty for non-compliance can be up to 
     $37,500 per violation per day. NFIB appreciates the intent of 
     the law to ensure lead-free painting, home renovation, and 
     repairs. However, we continue to be concerned that the tight 
     enforcement deadline unfairly punishes contractors who have 
     not been able to become accredited through no fault of their 
     own.
       NFIB has recently heard from several of our members in the 
     home renovation industry who were unaware of their 
     responsibilities under the new law. EPA did little to plan 
     for the implementation of the rules until it was too late, 
     and many home renovators had little information about how to 
     comply, where to comply, and the resources needed to comply. 
     Those that became aware of the rules have had difficulty 
     signing up for classes due to limited or no availability in 
     their area. In addition, several members have mentioned that 
     scheduling conflicts made it almost impossible to find time 
     to become accredited before the April 22 deadline.
       We are concerned that the high penalty for non-compliance 
     should be enforced without first taking every step possible 
     to make sure the small business community is fully aware of 
     its responsibilities. The Collins Amendment extends the 
     deadline until September 30, allowing the EPA to get more 
     information to home renovators about how to comply with the 
     new rule. This time period will allow the home renovation 
     industry to schedule an appointment with an accreditor in 
     their area and make sure they have the necessary resources 
     together to be in compliance.
       NFIB supports the Collins Amendment to help small 
     businesses comply with the new lead rule. I look forward to 
     working with you to reduce regulatory burdens on the small 
     business community.
           Sincerely,
                                                    Susan Eckerly,
     Senior Vice President, Public Policy.
                                  ____

                                                     window & door


                                    manufacturers association,

                                     Washington, DC, May 25, 2010.
     Re Collins LRRP Amendment to Supplemental Appropriations 
         Bill.

     Hon. Daniel K. Inouye,
     Chairman, Committee on Appropriations, U.S. Senate, 
         Washington, DC.
     Hon. Thad Cochran,
     Ranking Member, Committee on Appropriations, U.S. Senate, 
         Washington, DC.
       Dear Chairman Inouye and Ranking Member Cochran: On behalf 
     of the Window and Door Manufacturers Association (WDMA), we 
     are writing to urge your support of Senator Collins' Lead: 
     Renovation, Repair and Painting (LRRP) amendment to the 
     emergency supplemental. As you know, EPA's new LRRP rule, 
     which took effect April 22, 2010, requires all renovation 
     work that disturbs more than six square feet and all window 
     replacements in housing built before 1978 must be supervised 
     by a certified renovator and performed by a certified 
     renovation firm.
       WDMA has consistently supported measures to protect those 
     most vulnerable to potential lead poisoning if lead-based 
     paint is disturbed during renovation and repair of existing 
     homes and buildings. Our members have made a concerted effort 
     independently and in cooperation with other organizations to 
     ensure that window replacements and other remodeling 
     activities they engage in are performed in compliance with 
     the certification requirements, work practice standards, and 
     all other requirements of the final LRRP rule.
       However, we continue to remain concerned that there are an 
     inadequate number of certified renovators to implement the 
     LRRP rule. This is having a serious impact on the remodeling 
     construction industry at a critical time in our economic 
     recovery, and when consumers are attempting to respond to the 
     call for reducing their carbon footprint and green house gas 
     emissions by renovating their homes to make them more energy 
     efficient. Window replacement is essential to that effort. 
     The targeted housing stock (pre-1978 homes) is estimated to 
     be 80 million homes nationwide. Currently. there are only 204 
     trainers and 140,000 EPA-certified lead rule renovators 
     across the country, with some states having no trainers at 
     all. EPA estimates that 300,000 renovators will be needed for 
     targeted housing. The availability of EPA trainers is 
     insufficient to meet contractor demand.
       We believe the new lead rule cannot be effectively 
     implemented until there are enough certified renovators to 
     meet the rule's compliance goals. We therefore strongly urge 
     you to allow Senator Collins' LRRP amendment for 
     consideration to the emergency supplemental, which would 
     delay enforcement of the LRRP rule until September 30, 2010. 
     This delay in implementation will allow the EPA to devote 
     more resources to compliance assistance, increasing public 
     awareness and accelerating the approval of trainers.
       WDMA will continue its efforts to ensure compliance but we 
     strongly urge that Senator Collins' LRRP amendment to include 
     this needed delay in enforcement of the LRRP rule until 
     September 30 is allowed for consideration. Once the amendment 
     is under consideration, we urge your support for its passage.
       Thank you for your attention to this matter.
           Sincerely,
                                                     Jeremy Stine,
     Manager of Government & Public Affairs.
                                  ____

                                      National Lumber and Building


                                 Material Dealers Association,

                                     Washington, DC, May 25, 2010.
     Re Sen. Collins EPA Lead Rule Amendment to Emergency 
         Supplemental.

     Hon. Daniel K. Inouye,
     Chairman, Committee on Appropriations, U.S. Senate, 
         Washington, DC.
     Hon. Thad Cochran,
     Ranking Member, Committee on Appropriations, U.S. Senate, 
         Washington, DC.
       Dear Chairman Inouye and Ranking Member Cochran: On behalf 
     of the National Lumber and Building Material Dealers 
     Association (NLBMDA), we are writing to urge your support of 
     Senator Collins' Lead: Renovation, Repair and Painting (LRRP) 
     amendment to the emergency supplemental. As you know, the 
     Environmental Protection Agency's (EPA) new LRRP rule, which 
     took effect April 22, 2010, requires all renovation work that 
     disturbs more than six square feet in housing built before 
     1978 must be supervised by a certified renovator and 
     performed by a certified renovation firm, as outlined in 40 
     CFR Sec. 745.85.
       NLBMDA represents over 6,000 members operating single or 
     multiple lumber yards, building material supply companies and 
     component plants serving homebuilders, subcontractors, 
     general contractors, and consumers in the new construction, 
     repair and remodeling of residential and light commercial 
     structures. Many of our members engage in installed sales 
     operations, such as window and door replacement and 
     insulation installation, that are covered by the LRRP rule.
       NLBMDA supports reasonable measures to protect those most 
     vulnerable to potential lead poisoning if lead-based paint is 
     disturbed during renovation and repair of existing homes and 
     buildings. Our members have made a concerted effort 
     independently and in cooperation with other organizations to 
     ensure that remodeling activities performed in target housing 
     will be done in compliance with the certification 
     requirements, work practice standards, and all other 
     requirements of the final LRRP rule.
       However, NLBMDA also believes that despite the progress 
     that has been made, the numbers of certified trainers, firms, 
     and renovators is still too limited, and that when coupled 
     with the current lack of accurate

[[Page 9360]]

     test kits and public awareness, EPA is not fully prepared to 
     effectively implement and administer the program established 
     by the final rule. Our members are reporting that it is 
     taking up to four months for EPA to process their 
     applications to have their firm certified by EPA as required 
     under the rule. We therefore wholly agree with Senator 
     Collins and her amendment, which would delay enforcement of 
     the LRRP rule by EPA until September 30, 2010. We believe 
     this new date of enforcement will provide enough time for our 
     members to become registered with the EPA for lead 
     certification.
       NLBMDA will continue its efforts to ensure compliance but 
     we strongly urge you to delay enforcement of the LRRP rule 
     until September 30 by allowing Senator Collins' LRRP 
     amendment for consideration to the emergency supplemental. 
     Once the amendment is under consideration, we urge your 
     support for its passage.
       Thank you for your attention to this matter.
           Sincerely,
                                          Michael P. O'Brien, CAE,
                                                  President & CEO.

  Ms. COLLINS. Mr. President, I ask for the yeas and nays on this 
amendment.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There does not appear to be a sufficient second.
  Ms. COLLINS. Mr. President, I understand that the chairman has 
temporarily stepped off the Senate floor, so I will withhold that 
request.
  I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. ALEXANDER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. ALEXANDER. Mr. President, I was not on the floor when the Senator 
from Maine made her remarks about the EPA's lead paint rule, but she 
and I have discussed it numerous times, and I wanted to congratulate 
her for her leadership and persistence on seeing the impracticality of 
what the Environmental Protection Agency is trying to do.
  She discussed this in the Appropriations Committee, she has discussed 
this with Senator Feinstein, the Chairman of the Interior 
Appropriations Subcommittee, and with me--I am the ranking member on 
the Appropriations Subcommittee on Interior--and as more of us paid 
attention to what Senator Collins was saying, we found a significant 
problem in our own States.
  Of course, the lead paint rule is a good idea. The idea is that for 
structures that were built before 1978--they mostly have lead paint--
any work done by a repairman or contractor or painter that disturbs 6 
square feet of lead paint must be done by someone who knows how to do 
it safely. This is especially important to children under 6 and to 
pregnant women. So we want to do that.
  But in the State of Tennessee, it is a special problem to impose and 
enforce this new rule requiring contractors to be certified where we 
have just had severe flooding in our State that affects 52 counties, 
from Nashville to Memphis. This is the single largest natural disaster 
since President Obama took office.
  People who hear me say that, say: Well, Senator Alexander, haven't 
you heard about the gulf oilspill? Yes, I have heard about that, but 
that wasn't a natural disaster. The biggest natural disaster we have 
had since President Obama took office is the flood in Tennessee, 
affecting 52 counties.
  One of the reasons you haven't heard as much about it is because a 
lot of other things have been going on in the world, including the gulf 
oilspill, but another reason you have isn't because Tennesseans are 
busy cleaning up and helping each other and not complaining and 
looting, so it doesn't make a lot of news. But the mayor of Nashville 
says there is $2 billion of damage just in that city alone. There was 
water 10 feet high in the huge Opryland Hotel, where 1,500 people had 
to be rescued and taken to a high school gym. There was 2 feet of water 
on the Opryland stage.
  There are 11,000 structures in Nashville alone which have to be 
repaired as a result of the flood. So I think you can see where I am 
going, Mr. President. This isn't just a problem in certifying these EPA 
inspectors in ordinary times. We have 11,000 structures in Nashville, 
900 in Millington, 300 in Dyersburg--maybe it is the reverse, but those 
are 2 other small towns and counties. People are going into their 
basements, they are taking down drywall, they are repairing their air-
conditioning, they are repainting, they are cleaning up and getting 
back on their feet. This is a special problem because we only have 3 
EPA trainers to certify up to 50,000 contractors who might have to be 
working on these homes.
  In fact, we have over three-quarters of a million structures in 
Tennessee--that is, 750,000--which are homes or childcare centers or 
schools or other buildings that were built before 1978 that would be 
covered by this rule. So having a good rule is one thing; having a 
thoroughly impractical application and implementation period is 
another. And then to do it in the middle of a flood which is the 
largest natural disaster since President Obama took office is tone-deaf 
to reality.
  So I have asked the EPA to delay the implementation and enforcement 
of its rule until September if a contractor registers for a training 
class. I am a cosponsor of Senator Collins' amendment, and I think it 
is very important that the Environmental Protection Agency hear what 
Senators from all around the country are saying, especially in our 
State of Tennessee where we have thousands of repairmen, painters, and 
workmen who need to go to work on tens of thousands of homes, and we 
don't want to have a risk where they may have to pay a fine of $37,500 
for each violation. There are a lot of them who don't make $37,500 in a 
year. We are not talking about Wall Street financiers here; we are 
talking about workmen, repairmen, and painters who are helping people 
dig out after a huge natural disaster.
  So Senator Collins has not only done the State of Maine a service by 
her persistence, intelligence, and leadership on this issue, but she 
has done a service for every citizen in the State of Tennessee in 52 
counties who have been damaged by the severe flooding of the year 2010. 
So I thank her for her leadership and say to her that I am proud to be 
a cosponsor of her amendment, and I pledge to her--insofar as I am able 
as the ranking member of the Appropriations Interior Subcommittee--to 
work with other Senators on both sides of the aisle to try to get some 
commonsense implementation plan for this lead paint rule--a good rule, 
a bad plan.
  Thousands of people are going to find that they can't repair their 
homes or that if they do, it will cost them thousands of dollars more 
because the repairmen they need to work on their homes can't get 
certified by the EPA because there are only three trainers in the whole 
State of Tennessee to do the job.
  I thank the Presiding Officer, and I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Maine.
  Ms. COLLINS. Mr. President, I want to thank my colleague and friend 
from Tennessee for his comments and his support. We have been working 
on this since we first began discussing it during the appropriations 
markup, and he has illustrated what truly can be a devastating impact 
of this rule. It could prevent the renovations, the cleanup, the 
reconstruction work from going forward in his State. In his State even 
more than most States, the impact could truly be devastating. It is 
serious everywhere but truly devastating in Tennessee.
  I have also commented to my colleague from Tennessee how proud he 
must be of the residents of his State. You hardly have heard of any 
complaints from Tennessee even though this has truly been a devastating 
flood. I sometimes worry that perhaps because they are trying to help 
one another, they are not getting enough attention in the press or from 
Congress. Fortunately, they have a very fine advocate in Senator 
Alexander and Senator Corker, and they are continuing to look out for 
them by cosponsoring this amendment.

[[Page 9361]]

  I thank the Senator for his support.
  The ACTING PRESIDENT pro tempore. The Senator from Tennessee.
  Mr. ALEXANDER. Mr. President, I thank the Senator from Maine, and I 
see the Senator from Mississippi here. I would be remiss if I did not 
thank him and the chairman of the committee for including within the 
supplemental appropriations bill several provisions that will make it 
easier for the people of Tennessee, the important one being $5.1 
billion in money for the Federal Emergency Management Agency. That 
helps everybody who has had a disaster. FEMA is out of money. That 
account is dry. Whether it is a flood in Iowa, a drought in Oregon, a 
river in Georgia, a flood in Tennessee, or what is happening in the 
gulf coast today in Mississippi, that account needs to be furnished.
  But there are other provisions in the supplemental appropriations 
bill. The President didn't ask for these, but he mentioned that in his 
visit with us yesterday in the Republican caucus. He mentioned the 
flooding in Tennessee, which I appreciate.
  I should also say that the FEMA representatives who have come to 
Tennessee since the flood have done a first-class job. As of last week, 
about $100 million had already been delivered to more than 30,000 
Tennesseans who have been damaged by the flood. This has happened in 
just 10 days. The very experienced director of FEMA for Tennessee, 
Gracia Szczech, said she had her breath taken away by the amount of 
damage and the number of individuals affected and how rapidly it has 
gone out.
  Tennesseans understand that Federal money is not going to make 
anybody whole. We are going to have to rebuild our own homes and our 
own buildings. But the actions of the supplemental appropriations bill 
will help.
  Most impressive, though, as I have mentioned--and I appreciate the 
Senator from Maine saying something about it--is the spirit and 
attitude of Tennesseans. In Clarksville, where Fort Campbell is--the 
most deployed troops in America--they got a day off. They do not have 
many days off. Five hundred of them went out and cleaned up three 
neighborhoods in Clarksville, Montgomery County.
  I visited the Bellevue Community Center in Nashville, and it was 
terrific to see so many volunteers walking in and asking to help. Whole 
congregations in Tennessee--a 1,500-person congregation--went en masse 
to help other counties and other neighborhoods.
  I would say to the Senator from Mississippi, during the Katrina 
episode a few years ago, our church, the Westminster Presbyterian 
Church, sent dozens and dozens of Tennesseans down to help out at the 
gulf coast. Well, now our church is the headquarters for many 
Mississippians and others who are returning to Tennessee to return the 
favor and help Tennesseans get back on their feet.
  This is going to be a long, several-year recovery for us, but this 
supplemental appropriations bill will help, just as it will help 
disasters all over the country.
  It would be another big help if the EPA did not make it worse. That 
means stepping back to take a look and realizing that we have maybe 
50,000 contractors who would need to be certified to work on up to 
750,000 buildings in Tennessee. Many of them are flooded; many of them 
are not flooded. But we cannot get all that done in the next few days, 
and people cannot afford $37,500 fines for a violation. Most 
Tennesseans do not want to pay a few thousand more dollars to fix their 
flooded basement or their flooded house.
  The repairmen and contractors and painters need the work. The 
construction industry that has about a 22-percent unemployment rate 
right now--that is more than twice what the overall unemployment rate 
is nationwide. So the EPA rule needs to adjust the implementation or 
execution in some sensible way so we can endorse the lead paint rule, 
but we can do it in a way that does not seriously disadvantage 
Tennesseans damaged by the flood.
  The Collins amendment deserves the support of the Senate, and I am 
glad to have the opportunity to add my support to her efforts.
  The ACTING PRESIDENT pro tempore. The Senator from Mississippi is 
recognized.
  Mr. COCHRAN. Mr. President, I thank the distinguished Senator from 
Tennessee for his kind comments about yielding time. I congratulate him 
and the Senator from Maine on their aggressive move to make sure the 
Federal rules and laws do not get in the way of humanitarian efforts 
that are extremely important in a time of natural disaster.
  The flooding in Tennessee is a horrible mess. It has been overlooked 
in the wake of the gulf oil spill and other things that have probably 
claimed center stage in terms of its national publicity and television 
coverage that has been occasioned by these disasters. But my assurances 
are that we will continue to try to be active in a way that will be a 
constructive influence in the interpretation and application of Federal 
rules in these situations.
  The ACTING PRESIDENT pro tempore. The Senator from New Mexico is 
recognized.
  Mr. BINGAMAN. Mr. President, I have five amendments I would like to 
speak briefly about that I will not call up at this point. I was 
advised they are still trying to see if there is any objection to these 
being called up. I would still like to discuss them and explain to 
people why I would like to see these amendments adopted.
  The first amendment I want to discuss is amendment No. 4279 related 
to bark beetles. This is a serious problem all of us in the West have 
observed. This amendment is cosponsored by Senator Murkowski, who is 
the ranking member on our Energy and Natural Resources Committee, 
Senator Udall of Colorado, and Senator Bennet of Colorado. We are, of 
course, looking for additional cosponsors.
  This amendment addresses an important issue we have in our forests in 
the West. Bark beetles have affected some 6.5 million acres of these 
forests. The epidemic has resulted in a dangerous situation where dead 
trees are falling onto roads, trails, campgrounds, utility lines, and 
other infrastructure, posing a substantial risk of personal injury or 
death and property damage.
  The Forest Service and National Park Service already have had to 
redirect tens of millions of dollars of funds that were appropriated 
for other projects and priorities in order to remove trees killed by 
bark beetles.
  This amendment provides $50 million to help address the unbudgeted 
needs of the Forest Service and the National Park Service to remove 
bark-beetle-killed trees around roads, trails, campgrounds, and utility 
lines to protect public health and safety.
  While the bark beetle epidemic has most significantly affected the 
forests and agency budgets in the central and northern Rockies, the 
need to redirect funds to address these needs has an adverse affect on 
other projects around the country.
  The amendment is fully paid for. As I mentioned before, I appreciate 
that Senator Udall of Colorado--who has been a strong advocate for 
doing this work--has cosponsored the amendment, along with Senators 
Murkowski and Bennet of Colorado. Senators Johnson and Baucus also have 
advocated for emergency funding for this work.
  I hope we can quickly get approval to go ahead and call up this 
amendment so it can be considered as part of this legislation.
  The next amendment I wanted to discuss briefly is No. 4266, regarding 
Coast Guard funding.
  This amendment looks around the corner, or beyond the horizon a 
little bit, at a problem that is likely to hit us in the future. Under 
the Oil Pollution Act, if BP denies the claim for damages associated 
with the Deepwater Horizon disaster, the rejected claimant has the 
right to file a claim with the Federal Government through the National 
Pollution Funds Center. I can see a virtual inevitability that this 
will occur and perhaps occur reasonably soon. Then the National 
Pollution Funds Center could find itself swamped with claims. They do 
not have adequate funds in their annual appropriation to deal with it.

[[Page 9362]]

  The amendment simply allows them, for this one incident, to access 
further appropriations for these administrative costs. I think it is 
prudent for us to do this in light of what may well transpire in the 
reasonably near future.
  The third amendment I want to talk about deals with the abandoned 
mine lands legislation we have on the books. I added Senator Bunning as 
a cosponsor. It is amendment No. 4187.
  This amendment would clarify that certain funds provided to the 
States under the Abandoned Mine Lands Program, administered by the 
Department of the Interior, could be used for two purposes: No. 1, for 
high-priority noncoal reclamation as well as coal reclamation; and, 
second, for State set-aside programs for the remediation of acid line 
drainage. The funds involved are those that have accrued to the States 
under the formula in the Surface Mining Control and Reclamation Act but 
had not been previously appropriated. Use of these funds for noncoal 
reclamation and acid mine drainage had been allowed prior to amendments 
made by the Tax Relief and Health Care Act of 2006. There was no intent 
at that time to change that result.
  However, in 2007, the Solicitor in the Department of the Interior 
interpreted the amendments that we adopted in 2006 as limiting the 
ability of States to use these funds under the Abandoned Mine Lands 
Program for these purposes.
  With respect to the use of funds for noncoal reclamation, while 
activities on noncoal sites have consumed a relatively insignificant 
portion of the funding provided for the overall AML Program, use of 
targeted funds for high-priority noncoal abandoned mines in the West is 
essential in terms of public health and safety.
  With respect to the use of funds for acid mine drainage, allowing the 
funds to again be used for State set-aside programs for remediation of 
acid mine drainage has considerable benefits in terms of the 
environment and water quality, particularly in Appalachian States such 
as Kentucky and Pennsylvania and West Virginia.
  This amendment does not score. It does not increase any funding to 
the States or to the tribes. It simply clarifies that States have the 
flexibility to use AML funds for these two uses, as was the case prior 
to the 2006 amendments, and at the appropriate time I will offer that 
amendment as well.
  Let me discuss one other amendment. I have two other amendments I 
want to discuss. The first is amendment No. 4267.
  The amendment I have mentioned contains a number of process 
improvements to help the DOE Loan Guarantee Program to operate more 
efficiently and effectively. I am pleased to have Senators Murkowski 
and Shaheen as cosponsors of this amendment.
  The amendment does six important things:
  No. 1, it provides the flexibility to allow applicants to pay a 
portion of the credit subsidy cost, in concert with the use of 
appropriations for other parts of the cost. This feature will allow us 
to make more effective use of the appropriations provided to the 
program.
  No. 2, it drops the requirement for expensive third-party credit 
reports in cases where the projects are small and are being proposed by 
start-up firms, which generally do not have a credit rating. The 
Department would treat these firms as having the lowest credit rating, 
which is what start-up firms without a balance sheet generally have in 
any case.
  No. 3, it provides enhanced hiring authorities for the DOE loan 
guarantee office and for professional advisors to help analyze projects 
being proposed for support through the program and the related advanced 
vehicle technology loan guarantee program.
  No. 4, it fixes a glitch in DOE's rules for the loan guarantee 
program that prevents a project being guaranteed from being located on 
more than one site.
  No. 5, the amendment also removes a requirement that keeps an 
applicant from submitting more than one application to the program.
  No. 6, finally, the amendment allows the loan guarantee appropriation 
made as part of the Recovery Act to be used for energy efficiency 
projects, in addition to renewable energy and electricity transmission 
projects.
  These proposed changes have substantial bipartisan and bicameral 
support. They do not add to the score of this bill, but will greatly 
help move the loan guarantee program forward.
  I urge the adoption of this amendment.
  The final amendment I want to speak briefly about is amendment No. 
4268.
  Amendment No. 4268 contains an important process improvement to help 
the Department of Energy Loan Guarantee Program to operate more 
efficiently and effectively. It sets a 30-day limit for dealing with or 
reviewing loan guarantee applications by the Office of Management and 
Budget once they are approved for conditional commitments by the 
Department of Energy. The time consumed by OMB reviews and the delays 
this has engendered in the program have been a substantial impediment 
to the effective functioning of the program.
  This amendment would provide for a much greater degree of certainty 
and clarity in the operation of the program.
  Again, I am pleased to have Senator Murkowski as a cosponsor of the 
amendment. I hope we can adopt it as part of this legislation.
  I will wait until I am advised by the floor managers that it is 
appropriate to call up these amendments, and at that time I will hope 
to be able to do so. I hope we can get the necessary support to adopt 
the amendments.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Virginia is 
recognized.
  Mr. WEBB. Mr. President, I would like to speak today on an amendment 
I filed, amendment No. 4222, which I hope at the appropriate time will 
be called up on my behalf. Actually, I suggest and hope this will 
become a part of the managers' package.
  It is a relatively simple amendment, but I think it is very important 
in terms of clarifying the role of the Congress versus the role of the 
executive branch in a lot of decisionmaking.
  Last October, the Secretary of Veterans Affairs announced his 
intention to establish a presumption of service connection for three 
medical conditions, including ischemic heart disease, for veterans who 
were exposed to Agent Orange. He stated this rulemaking was necessary 
as a result of the Agent Orange Act of 1991, which requires the 
Secretary of Veterans Affairs to promulgate regulations establishing a 
presumption of service connection once he finds a positive association 
of exposure to herbicides in the Republic of Vietnam and the subsequent 
development of any particular disease.
  The Department of Veterans Affairs made a request on the basis of 
this rulemaking. It is contained in this supplemental. It is an amount 
of about $13.6 billion for the service connection, principally of 
coronary heart disease, to Agent Orange in Vietnam.
  I think we need to proceed very carefully in terms of our role in the 
Congress in examining this presumption. It is not yet official policy 
in the Department of Veterans Affairs. It is still in the review 
process. The Congress is going to have 60 days beginning at some point 
this summer to examine this decision that General Shinseki made.
  My amendment basically says: We should fence this money. And I think 
it is appropriate that, no pun intended, the Appropriations Committee 
honor the request of the DVA in this issue. But we should fence this 
money until the review process is complete.
  This is the difficulty here. When the Agent Orange legislation was 
passed in 1991, it created two different sorts of presumptions. The 
first was that everyone who had been in Vietnam, everyone who had 
served in Vietnam, was presumed to have been exposed to Agent Orange. I 
would say, as a committee counsel in the House of Representatives more 
than 30 years ago, I counseled the Agent Orange hearings. There were 
four Agent Orange hearings. That was a very generous assumption that 
was made in this law, to say that everyone who was in Vietnam was, in 
fact, exposed to Agent Orange.

[[Page 9363]]

  We do want to take care of those who were. We do want to take care of 
our veterans who served and who incurred disabilities or diseases as a 
result of that service.
  The second presumption in this legislation was that, as a matter of 
executive discretion, the Secretary of Veterans Affairs could then look 
at information and decide which diseases or medical conditions should 
be also presumed to have resulted from exposure to Agent Orange.
  So, first, everyone who served in Vietnam is assumed to have been 
exposed to Agent Orange, and then certain medical conditions are 
determined so that the presumption is they were the result of Agent 
Orange exposure.
  In 2001, it was decided that type 2 diabetes was the result of Agent 
Orange exposure. It was decided by the then-Secretary of Veterans 
Affairs. By 2009, more than 263,000 Vietnam veterans were receiving 
disability compensation related to this decision. That is 10 percent of 
everyone who went to Vietnam, has been service connected, through this 
Agent Orange bill, with respect to type 2 diabetes.
  The estimates we would have on coronary heart disease are much 
higher. We are talking about the potential, at a minimum, of spending 
$31 billion in the next 10 years as a result of this presumptive 
service connection, and I must say I have not had the opportunity, as a 
member of the Veterans' Committee, to hear from the Secretary of 
Veterans Affairs as to how he made this connection.
  Looking at the review chart, there was a category called ``level of 
connection.'' In other words, when you take the scientific information 
and you apply it to this condition, what is the level of connection? 
For instance, when they looked at B-cell leukemia, there was sufficient 
evidence. That was a category.
  When we are looking at coronary heart disease, it is ``limited or 
suggestive evidence.'' I do not know what that means. But what I wish 
to say is that we have an obligation in the Congress, A, to make sure 
we take care of our veterans but, B, that we also hold the executive 
branch to some sort of accountable standard.
  That accountable standard will be occurring over the next couple of 
months. I think it is appropriate in this particular supplemental that 
we mark this--it is either $13.4 billion or $13.6 billion for this 
increase in the service connection, that we mark this as ``not to be 
spent'' until we can clarify this issue.
  This is not in any way an issue as to whether we support our 
veterans. I take a back seat to no one in my concern for our veterans. 
I have spent my entire adult life one way or the other involved in 
veterans law. But I do think we need to have practical, proper 
procedures, and I do believe that the executive branch, whether it is 
the EPA or the State Department or the Department of Veterans Affairs, 
needs to be held to an accountable standard.
  With that, I hope very much that we can get this amendment as a part 
of the managers' package. As the issue resolves itself, we can decide 
the appropriate level of funding that will go to the connection between 
medical conditions and exposure to Agent Orange.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Mississippi.
  Mr. COCHRAN. Mr. President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant editor of the Senate Daily Digest proceeded to call the 
roll.
  Mr. WHITEHOUSE. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. WHITEHOUSE. Mr. President, I rise to speak about important 
funding in the supplemental appropriations act that will help my State 
of Rhode Island recover and rebuild from the recent devastating flood 
which left homes destroyed, businesses closed, and thousands and 
thousands out of work. The help in this bill is very important to us. 
Residents of our Ocean State were in a tough spot long before the rain 
started to fall. Our economy had been in severe recession for 28 
months. Unemployment has remained over 12 percent, putting us in the 
top 5 States for unemployment for 12 months. Homelessness is on the 
rise. We are in the top 10 States for foreclosures, and our State 
budget is simply a disaster. The historic back-to-back floods in March 
hit an already hard-hit State. Rhode Island saw more rain during this 
disaster than any month on record ever, over 16 inches, with over 5 
inches of rain falling on March 30 alone.
  The devastation wrought by these storms exceeds anything in living 
memory. Meteorologists who have reviewed it are calling this the most 
damaging storm to hit the Ocean State since 1815. It is too soon to 
estimate the full economic impact of the March flooding, but it is 
clear that the economic damage to Rhode Island will be prolonged and 
severe. The peak storms of March 30 and 31 brought commerce not only in 
Rhode Island but in the region to a halt. Route I-95, the main artery 
that connects the major cities of New England and the middle Atlantic 
States, was closed for 2 full days. It flooded out following a surge of 
the Pawtuxet River. The river, which has a flood level of 9 feet, 
crested at its all-time high, almost 21 feet, on March 31.
  It is hard to overstate the importance of I-95 to Rhode Island's 
economy because not only is it a regional artery, it is probably the 
single most heavily traveled local commuter and commercial artery for 
our State. Similarly, even Amtrak service through Rhode Island was 
suspended for 5 days due to the flooding out of the Amtrak rails.
  At the height of the rains, Providence Street, a main road in West 
Warwick, looked more like a river than a road. This picture shows local 
emergency workers rescuing people who have been flooded into their 
homes and apartments, driving them through the flood in a boat with jet 
skis. It is not often that one sees local emergency workers driving 
down the roads of Rhode Island towns on boats and jet skis. But that is 
what it took to get residents out who had been trapped by rising flood 
waters.
  A few days later, this was the scene at Angelo Padula & Sons auto 
salvage yard in West Warwick. The waters have receded, but we can 
clearly see the damage left behind. All of these cars were covered and 
filled with water. We can see the mud from the river heaped all over 
them. I don't know whether it can be seen on television, but hanging in 
the fencing is leaves and grass and other bits of trash, because the 
river was over all of this. This fence was a strainer, picking leaves, 
trash, and other debris out of the flow. This was completely under 
water when the river was at its height. When it came back, it left the 
devastation of this auto and salvage yard. According to local news 
reports, the floods destroyed 1,200 cars in this salvage yard as well 
as 16 cars in a sales lot and thousands of dollars worth of car parts. 
The damage to the surrounding neighborhood and the other businesses 
near Councilman Padula's yard was equally severe and devastating.
  This legislation will enable the Army Corps of Engineers to examine 
the factors that led to the severe flooding in our State. It will help 
Rhode Island apply effective mitigation measures to forecast the risk 
of and prevent future flooding. Our communities are now hesitant to 
rebuild for fear of another flood. We must take steps to prevent a 
disaster such as this from happening again. People have to know where 
the danger area is. When you get two back-to-back floods in a matter of 
weeks that both blow through the 100-year flood line, one of which 
blows through the 500-year flood line in places, something is wrong 
with the measurement of the flood risk. The people who have been 
subjected to these floods know that. As one local business owner said 
in a recent report on WRNI, our local NPR station: What happens if it 
floods again in 2 months?
  We need this knowledge. We need the support from the Army Corps to 
get in there and tell us what the real present flood risk is. Clearly, 
the previous estimates were badly wrong.

[[Page 9364]]

  This bill also contains funding for community development block 
grants and economic development assistance grants for long-term 
recovery efforts that will help restore and rebuild Rhode Island 
communities. As I traveled around the State for days following the 
flood, the sheer magnitude of the damage was unprecedented. The Federal 
response came quickly. The President issued a disaster declaration 
almost immediately. Homeland Security Secretary Napolitano was on the 
ground within days. FEMA quickly came in to set up emergency assistance 
centers and begin processing disaster assistance applications. They set 
up offices all across the State. They did a phenomenal job of getting 
people into the State, of reaching out across the State and making sure 
they were widely spread and available to victims of the flood. So far 
FEMA has processed more than 25,000 claims and, in a State of a million 
people, that is a big number. I thank them for their hard work. Of 
course, FEMA delivers a particular specified product that is defined by 
law and regulation. They haven't been able to help everyone. People 
have fallen through the cracks, and so many Rhode Islanders remain 
frustrated.
  I recently held one of my community dinners in Cranston for people to 
come and ask questions about flood aid. I heard from a number of people 
who feel as though they have fallen through the cracks in the wake of 
this disaster or feel that the help they have received is not enough.
  Small business owners, for instance, have been limited to receiving 
low-interest loans from the SBA to recover from their flood damage. But 
for many of the small businesses which were already struggling through 
the terrible economy I described before the floods even came, the 
prospect of taking on more debt in order to repair flood damage is not 
feasible. They need grant support.
  What is important about this legislation is that CDBG and EDA will 
allow the local municipalities to design appropriate programs to catch 
the people who were not those 25,000 satisfied customers of FEMA but 
are the people who, because of the nature of the program and the nature 
of their flood damage somehow managed to fall through the cracks.
  For our towns and cities in Rhode Island, again, this could not have 
come at a worse time. I have already shown you some of the damage that 
was sustained in West Warwick. That is a town that was already 
experiencing hard economic times. Now the town's already stretched 
budget has been pushed to the limit by the overtime shifts and the 
emergency repairs and all of the extra effort required to deal with the 
flood and its aftermath. By lowering the State and municipal cost share 
from 25 percent to 10 percent, this appropriations package will be a 
big relief to the people of West Warwick. Frankly, the city of West 
Warwick and others will have the ability now to design packages to help 
their residents and their small businesses that were not adequately 
compensated by FEMA to try to get them back on their feet. So it is two 
good things for the municipalities: It is a reduction from 25 percent 
to 10 percent in their share, and it is an opportunity to create a plan 
that will help serve their constituents.
  In Cumberland, RI, Hope Global, one of the town's largest employers, 
was completely washed out by the flood. This is a picture of Hope 
Global I have in the Chamber. This is their loading dock. Normally, 
there would be no water there at all. There would only be a parking lot 
there, and a truck would back up to this level. This would be several 
feet off the ground. As it was, I floated through those loading docks 
in an inflatable boat at Hope Global.
  They are an enterprising company. Cheryl Merchant, who is their CEO, 
is an astonishing woman. She had all of the equipment in that factory 
jacked up on temporary pallets of one kind or another, so when the 
flood came in, it did not damage the machinery because it had been 
jacked up. When the floodwater went back down, they put the machinery 
back down on the ground. They got their electricity going again. They 
plugged back in, and they were running in no time. Before their 
executive offices were cleaned up, while everything was still a wreck, 
the machinery was already spinning and the Rhode Islanders at Hope 
Global were already back at work. That was a great thing. But now they 
face the problem of, do we stay? Should we go on? Should we find a 
location where we do not face this kind of a risk?
  One of the important decisions Hope Global needs us to make is to 
reduce the threat of future flood damage. Can there be a berm that 
protects them from the river overflowing, as it did here? They would 
like to see that berm constructed along the riverbank for their 
protection, and we are hopeful the funding in this appropriations 
package will help Cumberland to assist the Army Corps in getting that 
done quickly.
  I will close by pointing out that the motto on the Rhode Island State 
flag is ``hope.'' That is our symbol. That is the phrase, the word that 
has seen us through tough times in the past. The flooding has destroyed 
homes. It has closed businesses. It has put careers on hold. But the 
people of Rhode Island have stood up remarkably well. However, the job 
of rebuilding roads, rebuilding bridges, rebuilding sewage treatment 
plants, rebuilding public facilities, homes, and businesses is a 
colossal and daunting task for a State already 28 months into severe 
recession. Rhode Islanders are a resilient bunch. We will recover and 
rebuild. But this will certainly help us to get there.
  Since this appropriations package was passed unanimously in 
committee, I hope for quick passage on the floor.
  I see the very distinguished ranking member of the Appropriations 
Committee, Senator Cochran of Mississippi, who represents a State that 
has seen its own share of flooding and difficulty recently. I know how 
sympathetic he is to our concerns and how effectively and helpfully he 
has worked with Jack Reed, my senior Senator, who is also on the 
Appropriations Committee, who has worked to see that this gets done. So 
I want to take this moment, as I conclude my remarks, to pass on my 
gratitude to the chairman, Senator Inouye; the ranking member, the 
distinguished Senator from Mississippi, Mr. Cochran; and my senior 
Senator, Jack Reed, for all of their work in pushing this funding 
through the Appropriations Committee to where it is now on the floor. 
Our State is lucky to have had their support, and I look forward to 
continuing my work with Senator Reed to make sure Rhode Island 
rebuilds.
  I yield the floor.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Merkley). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. MENENDEZ. 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. 4174

  Mr. MENENDEZ. Mr. President, I ask for regular order with regard to 
the Reid amendment No. 4174.
  The PRESIDING OFFICER. The amendment is now pending.


                Amendment No. 4289 to Amendment No. 4174

  Mr. MENENDEZ. Mr. President, I offer a second-degree amendment which 
is at the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from New Jersey [Mr. Menendez], for himself, 
     Mr. Nelson of Florida, Mr. Lautenberg, Mrs. Murray, Mr. 
     Schumer, Mrs. Gillibrand, and Mr. Kaufman, proposes an 
     amendment numbered 4289 to amendment No. 4174.

  Mr. MENENDEZ. 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 require oil polluters to pay the full cost of oil spills)

       At the end of the amendment, add the following:

                      TITLE V--OIL SPILL LIABILITY

     SEC. 5001. REMOVAL OF LIMITS ON LIABILITY FOR OFFSHORE 
                   FACILITIES.

       (a) In General.--Section 1004(a)(3) of the Oil Pollution 
     Act of 1990 (33 U.S.C. 2704(a)(3))

[[Page 9365]]

     is amended by striking ``plus $75,000,000'' and inserting 
     ``and the liability of the responsible party under section 
     1002''.
       (b) Effective Date.--The amendment made by this section 
     takes effect on April 15, 2010.

  Mr. MENENDEZ. Mr. President, the amendment I rise to offer today as a 
second-degree will do something several of my colleagues and I have 
been seeking to do on the floor for the last 2 weeks or so; that is, to 
make absolutely certain that big oil polluters pay for oilspills and 
not the taxpayers--not fishermen, not small business owners, not 
coastal communities, not States, not municipalities.
  This amendment would eliminate the artificially low liability cap 
that is currently in place--a cap that is currently set at $75 
million--which means companies such as BP are only on the hook legally 
for less than 1 day's profits. BP made nearly $6 billion in 3 months of 
this year in profits--not proceeds, profits. That comes out to about 
$94 million a day. So the present liability cap--the cap that says, 
yes, you have to be responsible for all the cleanup, all of the 
efforts, but to the extent you have damaged shrimp fishermen, 
commercial fishermen, to the extent you have damaged coastal 
communities--to all of that extent--there is a $75 million limit. Well, 
if we let that stand, that would be less than 1 day's profit for BP. So 
we want to make sure they are legally on the hook and their spill, 
which wreaks complete economic devastation on small business and local 
communities and our environment that could very well last for years to 
come, does not allow them to get away with not being fully responsible.
  I believe yesterday we had a big day in the Senate in this debate 
about liability caps for oil companies that spill. First, the 
administration finally clarified. It had originally said we believe the 
cap should be lifted, but it had not quantified as to what that should 
be. Yesterday the administration clarified its position to say it will 
support unlimited liability for damages caused by future spills in deep 
waters. Then several of my Republican colleagues came to the floor of 
the Senate to support unlimited liability for damages caused by this 
particular spill, not a broader range. I think that is progress.
  We certainly embrace the fact that for this and any potential future 
spill there should be unlimited damages. So from when I started this 
effort with several of my colleagues, including Senator Nelson, Senator 
Lautenberg, Senator Murray, and others, we have come from opposition to 
lifting the cap, to a determined amount, to now having an understanding 
that unlimited liability certainly in a spill of this nature should, in 
fact, take place.
  However, we cannot depend on BP's good word or BP's statements. There 
is no consent judgment. There is no written guarantee. We need to make 
sure those communities within the gulf and that we as a nation and as 
taxpayers do not have to pay for BP or any other responsible party.
  So it is encouraging to see colleagues coming around to see it the 
way I and 20 Senate cosponsors of my bill are supporting, but we still 
have a bit of a ways to go. We all should agree all oil companies 
should pay for all damages caused by spills from offshore facilities, 
certainly if they are doing deepwater drilling, certainly if they 
create the risk; and if that risk ultimately ends in damage, we should 
be able to universally agree they should be responsible for the 
liability. But we should not depend upon doing that just when an oil 
company makes statements they promise to pay; not just when the company 
is so big it can pay with a few weeks' worth of profits. We need to 
make sure people whose livelihoods are ruined by an oilspill are 
protected no matter what. We need to ensure big oil companies are held 
accountable no matter what.
  That is why I am offering this amendment to remove the cap on 
liability completely so we can truly hold oil companies accountable for 
all of their potential damages.
  I have heard some people referring to keeping the oil companies 
responsible, such as BP, as un-American--un-American--to hold a 
multibillion-dollar corporation accountable for the very disaster it 
created. I think it is un-American not to be able to pursue such a 
corporation for the purposes of holding them accountable for the 
disaster they have created to the economic well- being of commercial 
fishermen, shrimp fishermen, seafood processing plants, coastal 
communities, wetlands, and a whole host of other consequences that we 
have.
  This is a chance to show if we are going to stand up with big oil or 
with small businesses, including fisheries and coastal communities, 
whether we are going to stand up with multibillion-dollar corporations 
or with the taxpayers of this country so they have no liability 
whatsoever. I think the choice is pretty clear.
  I hope everyone in our Chamber will do the right thing, to hold big 
oil accountable for the damages they have caused. I hope our colleagues 
will join us in this effort. I am truly pleased to see there is a 
movement in this direction. I hope we can make it a bipartisan 
movement. I think the American people are seeing that regardless of 
what BP ends up committing to pay or what they don't commit to pay, 
when they came before the Energy Committee and the executives were 
there and they were asked what are all the legitimate claims, they 
equivocated on a series of answers: Well, is this a legitimate claim? 
Is this a legitimate claim? Is this a legitimate claim? They 
equivocated on all of that.
  When the three different entities--BP, Transocean, and Halliburton, 
all of whom may be responsible parties--had the opportunity, they all 
did the finger-pointing at the other one. That does not give me a sense 
of security or a guarantee that this enormous consequence to our 
environment and to our economy is going to be taken care of by the 
words of those who both shift blame and equivocate on their 
responsibility. I think we have clearly learned there obviously is no 
such thing as a rig that is too safe to spill, and there should be no 
legal wiggle room for oil companies that devastate coastal businesses 
and communities now or in the future.
  This spill, if nothing else, tragedy that it is, should serve as a 
rallying cry for holding big oil responsible for the damage it has 
caused. That is our choice. That is our opportunity. I urge that is the 
fierce urgency of now, as we look at that live feed of that oil gushing 
every day for now well over a month. It is our fiduciary duty to the 
taxpayers of this country. It is our duty to the next generation of 
Americans in this country to make sure the company and companies that 
created this set of circumstances and these enormous damages are fully 
liable for it. That is the opportunity we have by virtue of this 
second-degree amendment.
  I hope my colleagues will embrace the opportunity and live up to 
those responsibilities.
  With that, Mr. President, I yield the floor and note the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant bill clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. KYL. 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. KYL. Mr. President, in a moment I am going to talk about both the 
amendment offered by my colleague, Senator McCain, to provide funding 
for members of the National Guard to be deployed to the border, our 
southern border with Mexico, for the purpose of better border security, 
as well as the amendment which I have offered as a second-degree 
amendment to the Cornyn amendment which provides funding for Operation 
Streamline, which is the process by which people who are apprehended 
crossing the border illegally are sent to jail for a couple of weeks as 
a deterrent so that they then don't want to cross in the future because 
they know they are going to be in jail rather than working someplace 
for the money they came to work for.
  Just to explain one thing: when there is a member of the majority on 
the Senate floor, I will ask unanimous consent to modify my amendment 
with a

[[Page 9366]]

technical modification. But the amendment is the same. What it does is 
to provide the sum of $200 million for additional funding for 
multiagency law enforcement initiatives--that is the way they are 
described--for the Tucson sector of the border, and that is roughly the 
eastern half of the Arizona border with Mexico.
  Mr. President, $155 million of that would be available for the 
Department of Justice for the purpose of hiring additional deputy 
marshals, constructing permanent detention space, and other related 
needs of the Secretary of Homeland Security and the Attorney General, 
then $45 million available to the judiciary for courthouse renovation 
and administrative support, including judges and court clerks.
  This is offset, and the emergency designation would be appended to it 
as the modification I will submit. The purpose of this is to enable the 
Border Patrol and the Department of Justice, when illegal immigrants 
are apprehended crossing the border, to present them to court. They are 
represented, and they can enter a plea or they can waive further 
proceedings. For those who, in fact, are found to have crossed the 
border illegally, they can be sent to jail. Ordinarily, if it is the 
first time, it is a 2-week sentence. If they have done it repeated 
times, it can be 30 days or it may be that some will serve 60 days. I 
am not sure.
  The point is, where this has been done, for everybody who crosses the 
border--with some exceptions--for almost everybody who cross illegally, 
it has created a very effective deterrent to crossing. It becomes 
apparent to people who are trying to cross in that particular vicinity 
that if they do, and they are apprehended, they are going to jail.
  About 17 percent of the people who come across illegally are 
criminals, wanted for crimes in this country, and obviously they don't 
want to go to jail. For the other 83 percent, roughly, those are people 
coming here to work. They cannot work and make money if they are in 
jail. They cannot send money back to family in Mexico or El Salvador or 
wherever it might be, so they, too, want to avoid this result.
  The effect of this in the Yuma sector of the border--which is one of 
the two sectors, Del Rio, TX, being the other--where it is fully 
implemented, is that there is virtually no illegal immigration 
attempted in that sector of the border anymore. There are effective 
fences--about 11 miles of double fencing--and they have sufficient 
Border Patrol agents in the area.
  There are some other factors for the reduction of illegal immigration 
in that sector. In the last 5 years, the apprehension has declined from 
18,500 down to about 5,000-some--a 94-percent decrease. The head of the 
Border Patrol and others tell me one of the primary reasons for that 
reduction is this operation streamlining--the sure knowledge if they 
cross into that sector, they are going to jail. If we can provide that 
same kind of deterrence in the Tucson sector, where about 50 percent of 
all illegal immigrants are crossing into the United States from Mexico, 
then we would have gone a long way toward securing the border. 
Certainly, in Arizona we would have substantially eliminated illegal 
immigration in the State.
  If we add to that the amendment of Senator McCain, which would 
provide the funding for deploying National Guard on the border, I think 
we can go a long way toward securing the border in a relatively short 
period of time. So when the President has said he agrees with us that 
we need to secure the border, and he even proposed some funding or some 
National Guard troops on the border, I think this is a recognition that 
it is the right way to go.
  I will make two quick points about Senator McCain's amendment. First, 
the President has proposed far fewer numbers than Senator McCain has 
proposed, which is a total of 6,000 National Guard, or 3,000 on the 
Arizona border. We believe it will take that many in order to 
accomplish the goal. The President's numbers are far fewer. It is 
unclear from the lack of detail in this proposal, but it appears those 
will not be literal boots on the ground but, rather, these National 
Guard troops will be there for the purpose of training and for 
administrative work, investigative work, and will, for the most part, 
be back from the border and not actually engaged in the work at the 
border itself.
  The importance of that is we are told--at least anecdotally--the one 
thing the people who are coming across the border illegally fear more 
than anything else is National Guard troops. Border Patrol, they don't 
like them. They don't like a county sheriff or anybody else, but when 
it comes to the National Guard, they want to avoid them. So this 
represents a real deterrent.
  The second thing I want to say is, there is a letter from the 
National Security Adviser and John Brennan, the President's 
intelligence adviser, contending that the McCain amendment is an 
interference in the Commander in Chief's responsibilities because it 
purports to order National Guard troops to the border.
  I want to make it clear that is not true. This appears to be another 
case of somebody in the administration spouting off about a law they 
have not read. In this case, it is the McCain amendment. It is all on 
one page. It is very easy. It says--by the way, remember, this is an 
appropriations bill we have, a supplemental appropriations bill. We are 
appropriating money. That is all the McCain-Kyl-Hutchison-Cornyn 
amendment does.
  It says:

       Additional Amount [that refers to money]--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 million.

  Then there is the offsetting rescission. It doesn't order National 
Guard troops to the border at all. It simply provides $250 million of 
additional funding for the purpose of the Guard, to the extent, 
obviously, or up to or fewer than 6,000 troops on the border. So it 
doesn't order anybody, doesn't interfere with the Commander in Chief's 
responsibilities.
  For that reason, I hope when we have an opportunity to vote on this 
amendment--and I think one of the questions I want to ask my colleagues 
with regard to this vote is, when we vote and support the McCain 
amendment for funding for the National Guard, the Kyl amendment, which 
supports Operation Streamline, and the Cornyn amendment, which he will 
soon describe--the key is to get a vote.
  It is now 20 minutes until 4. Cloture has been filed on this bill. It 
will ripen tomorrow morning and, presumably, we will have a vote. The 
question is, Will we have a vote on these amendments? Are we being 
slow-rolled?
  I hope a member of the majority can come to the floor so we can ask, 
Are we going to get votes on our amendments? They are in order. They 
are not going to be out of order, from the Parliamentarian. They will 
provide funding for something all of us agree we need to do, and the 
President also agreed we need some funding, in any event.
  The bottom line is, if we don't vote today on these and cloture 
ripens, this body will never have had an opportunity to express itself 
on this issue. What I want to do is, when the majority arrives, ask 
unanimous consent that we set these amendments for a vote so we can 
vote.
  I yield to the Senator from Texas.
  Mr. CORNYN. Mr. President, I ask the Senator--and we now have both 
distinguished Senators from Arizona on the Senate floor--is he aware of 
a new poll that came out today--CNN, I believe--that said nearly 9 out 
of every 10 Americans in this poll support putting more Border Patrol 
and Federal law enforcement agents on the border because of border 
security?
  This isn't just something we thought was a good idea. It looks as 
though the American people recognize not only the incipient violence in 
Mexico and the spillover effect here but our inability to protect 
ourselves from the organized criminal activity of smuggling drugs, 
weapons, and people. Is that the Senator's experience, that this is the 
sort of thing that has broad public acceptance?

[[Page 9367]]


  Mr. KYL. Mr. President, yes, I do think it has broad acceptance. I 
wasn't aware of this particular poll. I will ask my colleague from 
Arizona about this because he is very much aware of the public 
sentiment on this issue.
  Mr. McCAIN. Mr. President, I ask unanimous consent to be included in 
the colloquy with the other Senator from Arizona and the Senator from 
Texas.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCAIN. I will respond to the Senator from Texas, and I thank 
him. We who are from border States have perhaps a better understanding 
of the violence--the dramatically increased violence over the last 
several years. In the last 3 years, 22,000 Mexican citizens have been 
murdered in this struggle between the drug cartels and the Mexican 
Government. It is the worst kind of brutality: people being beheaded, 
bodies hanged from the overpasses. I think it was on the Mexican side 
of the Texas border the other day. There was a wedding--if the Senator 
recalls--and the drug cartel people went in and took the groom, the 
brother, and nephew out and murdered them. That brutality and violence, 
we all know, is spilling over the border. I believe three American 
citizens were murdered in Juarez--who were coming back from Juarez.
  So the violence and the connection between human smuggling and drug 
cartels now is incredibly intertwined. They use the same routes, the 
same intelligence, the same sophisticated communications equipment. It 
is a threat to our security. That is why we Senators have asked for the 
Guard to be sent to the border.
  What happened yesterday in what was clearly a PR stunt, the President 
announced 1,200 National Guard to the border. Now we find out they are 
going to do desk jobs. One of the things we have found out is that the 
presence of the uniformed Americans on the border has a significant 
effect on the drug cartels because the only threat they feel from 
Mexico is from the Mexican Army because of the terrible corruption that 
exists.
  These people who have come across the Nogales border into Tucson and 
Phoenix have been distributed nationwide. People all over America are 
beginning to appreciate--according to the polling number the Senator 
from Texas pointed out--the American people are beginning to understand 
that our broken borders affect all of America. This violence is 
increasing, certainly, on that side of the border. The drug cartels 
make--the number I hear is as high as $65 billion a year. When I tell 
people we intercepted, in the Tucson sector alone, over 1.2 million 
pounds of marijuana, people don't believe it. When we tell them we 
intercepted 241,000 illegal immigrants--and we figure that 4 to 5 to 1 
crossed our border to Tucson illegally--over 1 million people--what 
does the President do? He said he is going to send 1,200 troops to the 
border. We need 6,000. We need 3,000 for the border and 3,000 for the 
Arizona border. That is what we hear from the people who are enforcing 
the law.
  This is a national security issue. It is something that all Americans 
are now more and more aware of and are supporting. I hope the 
administration and my colleagues on the other side of the aisle who 
also are being affected by this will understand we need to secure the 
borders first. Then we can work out an orderly system to address the 
results of our failure to secure the border.
  I ask my friend and colleague from Arizona, what would happen if we 
enacted comprehensive reform and didn't secure the border?
  Mr. KYL. Mr. President, I might respond by noting that my colleague 
from Arizona likes to talk about exactly what would happen. When 
President Reagan did exactly that, and the promise was to secure the 
border with amnesty for 3 million illegal immigrants, the amnesty was 
granted, but the border was not secure. I know there is an argument on 
the other side that, well, if we secure the border, then some people 
will not want to do comprehensive reform because they would not have 
any incentive to do so anymore.
  I don't think that is right. I think there would be more of an 
incentive once we do secure the border. In any event, we certainly 
should not hold securing the border hostage to passing some law in the 
future. That is our obligation and the President's obligation 
irrespective of what other laws we pass.
  Mr. McCAIN. I ask the Senator from Texas this: There is another 
important point. There is the belief that we can't secure our borders, 
that there is just going to be an unending flow of illegal immigrants 
into this country. I ask my friend from Texas, isn't it true that in at 
least parts of Texas, with the combination of surveillance, fencing, 
and proper staffing, there has been basically a secure border?
  Mr. CORNYN. The Senator is absolutely right. Where there is a 
combination or layered approach to dealing with illegal immigration, 
there have been great successes, including an effort to use prosecution 
of people for crossing and incarcerating them for a short period of 
time, which acts as a further deterrent.
  The Senator raises another important point. While I certainly support 
his effort to try to get sufficient National Guard on the border, 1,200 
won't cut it, not with a 2,000-mile border. We need more boots on the 
ground. We need to also make sure we support our local and State law 
enforcement people who are standing in the gap in the short term. That 
is why I appreciate the Senators' support on the other amendment we 
hope to vote on. We need the Southwest border task force to deal with 
these high-intensity drug trafficking programs. We also need to make 
sure we use the latest technology.
  The distinguished Senator is the ranking member on the Armed Services 
Committee. He is well aware of the use of the military unmanned aerial 
vehicles and, I believe--and I think he would agree with me--they could 
be used as a good effect, as a multiplier effect for the Border Patrol 
and National Guard there, something that could be used for training 
purposes for the National Guard, who have had experience using those in 
Iraq and Afghanistan.
  Finally, we need not only Border Patrol and National Guard, we need 
Alcohol, Tobacco, and Firearms. These are the people who actually catch 
the guns that are bought in bulk through straw purchasers and brought 
across the border that are used by the cartels. All of these Federal 
agencies--from ICE, CBP, DEA, ATF--all of them represent additional 
boots on the ground that could be used to help secure our border.
  I appreciate the support both Arizona Senators have given, as well as 
Senator Hutchison, who is a cosponsor. But we need a permanent 
solution, not a temporary Band-Aid which I believe the President's 
proposal represents.
  Mr. McCAIN. Mr. President, bringing the issue back to my home State 
of Arizona, I ask my friend, Senator Kyl, who has, along with me, 
traveled extensively to the southern part of our State, many of the 
residents of the southern part of our State, particularly those who are 
ranchers who live near the border, basically do not have a secure 
existence. They have people crossing their property illegally. They 
have home invasions. They have wildlife refuges on the border being 
trashed because of the overwhelming human traffic and the garbage and 
the items that are left behind. I have talked with ranchers' wives who 
said they could not leave their children at the bus stop.
  I want to be very clear. Many of these illegal immigrants are just 
people who want to come and get a job. But the change over the last few 
years is that they are escorted by these coyotes who are also 
associated with the drug cartels who are amongst the most cruel and 
inhuman people in the world.
  When people criticize the law in Arizona as being discriminatory, 
where is their concern for the individuals who are being escorted by 
these coyotes who inflict on them the worst abuses, terrible abuses? 
They bring them to Phoenix. Phoenix is the No. 2 kidnaping capital in 
the world. No. 1, Mexico City. No. 2, Phoenix, AZ. Can my colleagues 
understand why the people of Phoenix are upset?

[[Page 9368]]

  They bring them to these drop houses, they jam them into these homes, 
and they hold them for ransom. Then once they get the money, sometimes 
they let them go, sometimes they ask for more money. In the meantime, 
they are suffering under the most inhumane conditions.
  When the advocates for ``legal immigration'' are up, I say: Where is 
your compassion for the people who are being so terribly abused that 
the coyotes are bringing in the most inhumane fashion across our border 
and kept in the most inhumane fashions? Isn't that an argument to 
secure the border? Isn't that an argument to stop this human 
trafficking? They are unspeakable things. I will not on the floor of 
the Senate talk about some of the stories I have heard.
  We have a situation in the southern part of our State where the 
residents are living in a state of, if not fear, certainly deep concern 
and insecurity. Then we have this terrible human trafficking tied to 
the drug traffickers who are committing the most terrible human rights 
abuses.
  Mr. KYL. Mr. President, I will respond to my colleague by noting, 
these are the crime statistics that are never reported. Let's face it, 
the people who are accused of these crimes cannot go to the police and 
report what has happened.
  Again, there is an argument made that crime statistics have actually 
gone down in the last 2 or 3 years. In the cities--the cities of Tucson 
and Phoenix, for example--that may well be true. I don't know. What I 
do know is this: In the rural ranch areas that my colleague, Senator 
McCain, speaks of, families who used to have no worries at all, left 
homes unlocked at night, windows open, and if an occasional illegal 
immigrant or two came by and needed a sandwich or water, frankly, they 
got it, now fear for their lives.
  One of our constituents was killed a couple months ago, a rancher who 
was beloved in the area. Others have been robbed. There have been 
physical assaults. They are no longer safe in their homes and in those 
more rural areas.
  In the urban areas, I, too, will not describe on the Senate floor 
what goes on. If you can imagine large numbers of women and children 
who are brought across the border by people who have absolutely no 
scruples about committing any crimes whatsoever. They commit rapes and 
leave articles of clothing hanging from trees as a warning to anyone 
who dares to report it or as a way of bragging about what they have 
done. The things they do to these people cooped up in the safe houses 
for weeks on end, as my colleague said, are unspeakable.
  There are so many reasons to secure the border. But this is one that 
is never spoken of. It bothers me as much as it does my colleague 
because we have people who speak of the human rights issues that might 
relate to an Arizona law enforced by sworn police officers in the city 
of Phoenix and the city of Tucson who, I am quite sure, will do their 
job as professional police officers, and not a word is spoken about the 
kind of situation my colleague and I have described. That bothers us 
significantly. It is just one more reason we do need to secure the 
border, as my colleague said.


                    Amendment No. 4228, as Modified

  Mr. President, I wanted to wait until a member of the majority was 
here. I ask unanimous consent to modify the second-degree amendment 
that was offered yesterday, No. 4228.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
amendment is so modified.
  The amendment, as modified, is as follows:

  (Purpose: To appropriate $200,000,000 to increase resources for the 
Department of Justice and the Judiciary to address illegal crossings of 
                 the Southwest border, with an offset)

       At the end of the amendment, add the following:
       (k) 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) other established and 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.
       (3) The amounts in this subsection are designated as an 
     emergency requirement and are designated to meet emergency 
     needs pursuant to sections 403(a) and 423(b) of S. Con. Res. 
     13 (111th Congress), the concurrent resolution on the budget 
     for FY 2010.
       (l) Offsetting Rescission.--On the date of the enactment of 
     this Act, the unobligated balance of each amount appropriated 
     or made available under division A of the American Recovery 
     and Reinvestment Act of 2009 (Public Law 111-5), other than 
     under title X of such division, is hereby rescinded pro rata 
     such that the aggregate amount of such rescissions equals 
     $200,000,000.

  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CORNYN. Mr. President, if I may react briefly to the comments of 
the two Senators from Arizona, whether their concern translates into 
something like this: that the people who suffer the most from the 
current illegality and broken immigration system are, for example, a 
young woman who is a victim of domestic violence who has nowhere to 
report that crime because she is afraid of being deported, or the 
worker who earns money believing they have earned their pay but only to 
be jilted and not paid because the employer realizes they have nowhere 
else to turn or, as Senator McCain mentioned, the coyotes, as they are 
known, the human smugglers who care nothing for these individuals as 
human beings but they are a commodity they trade in, just like drugs, 
weapons, and people.
  This is a very real problem. It is true that most of it is not 
reported in the newspaper because people are afraid of being exposed 
because of what the consequences might be. But because we live in 
border States, because we interact with our constituents and see the 
consequences of the spillover effect of this kind of violence and 
lawlessness, that is why we feel so strongly that these amendments need 
a vote, as the Senator said earlier.
  Mr. McCAIN. Mr. President, I will point out another aspect of this 
issue. We are proud in my home State of our Spanish heritage. Spanish 
was spoken before English was in the State of Arizona. We believe our 
culture and our life and our State have been enriched by the influx of 
Hispanic citizens. We want that to continue, but we want it to continue 
legally. In a broader sense, we want everyone in the world to have an 
opportunity to come to our country legally. If we did secure our 
border, then everybody has an equal opportunity, rather than it be by 
geography.
  Let me point out something, of which I am not sure my colleagues are 
totally aware. The sophistication of these human smuggling rings and 
drug cartels is beyond description. They have the latest equipment. 
They have the latest communications. They have the latest weapons. They 
have a network of informers and a network, unfortunately, of corruption 
that is of the highest sophistication. Their operations are extremely 
sophisticated operations which are quite successful. But there are 
areas and measures that have been taken in certain parts of our border 
that show we can secure our border. What we need is the manpower, the 
technology, the assets, and the funding to get our borders secured.
  The State of Arizona, unfortunately, has become a funnel for this 
illegal human trafficking and drug cartels to the point where it has 
threatened the security of its average citizens.
  I hope my colleagues will understand this is a humanitarian issue. 
This is an issue that cries out for the compassion of all of us so that 
we can give everyone in the world an opportunity to come to this 
country, but also to give our citizens a chance to live lives of 
security that makes them able to enjoy the rights and privileges that 
American citizens everywhere should enjoy,

[[Page 9369]]

even if they live on our southern border.
  Mr. KYL. Mr. President, let me ask my colleague a question. The 
number of National Guard troops that would be funded under his 
amendment is 6,000 total. The idea would be that it would fund 3,000 on 
the Arizona portion of the border and 3,000 wherever they would be 
deployed in other places on the border. Senator McCain has argued that 
is a number closer to what is needed to do the job the National Guard 
can do than a number that would be less than one-fourth that much.
  Would the Senator describe a little bit more the historic levels that 
existed, for example, during the time our now national Homeland 
Security Secretary was the Governor of Arizona, when she was very 
supportive of the Guard as well, compared to what Senator McCain has 
asked to be funded in his amendment?
  Mr. McCAIN. Mr. President, I say to my friend from Arizona, the 
situation of Secretary Napolitano, former Governor, whom I respect and 
admire enormously, is a classic example of it is not where you stand, 
it is where you sit because when Secretary Napalitano was Governor of 
Arizona, she made fervent pleas for reimbursement for the State of 
Arizona for our law enforcement problems dealing with immigration and 
for 3,000 additional Guard troops to be sent to the border.
  Senator Kyl and I wrote a letter back on April 9 asking for a 
decision concerning troops to the border. We still have not received an 
answer. Perhaps what the President announced yesterday a half hour 
after discussing the issue with Senator Kyl and me and yet not 
mentioning that decision might be made to send 1,200 troops to the 
border--you have to laugh. It is in the spirit of bipartisanship. I 
hope in the case of our Secretary of Homeland Security that we could 
see some restoration of the same zeal she held as Governor of the State 
of Arizona to secure our borders and advocate for the necessary assets 
to achieve that goal.
  Mr. KYL. Mr. President, if I recall--and I could be wrong on this--
the number that had been deployed to Arizona roughly in 2005 or 2006--I 
do not recall the exact year--was about 2,600. It was not quite 3,000. 
Obviously, we needed everyone we could get.
  Eventually, a lot of those troops were then deployed to Iraq, I 
believe. In any event, we all--the Governor and the rest of us--were 
distressed when they were finally pulled out. I think 2,600 or 
something pretty close to that was the number and that Senator McCain 
believes 3,000 would be the appropriate number under the circumstances 
that exist today.
  Mr. McCAIN. I think 3,000. I know we are taking a lot of my 
colleagues' time. I ask my colleagues and the American people to 
understand what we are facing in Arizona. I ask the American people and 
my colleagues to understand the frustration that the Governor and the 
legislature of Arizona felt about the conditions we have tried to 
describe on the floor of the Senate that exist, that cry out for 
Federal intervention, that they did not receive that assistance from 
the Federal Government so, therefore, they acted.
  That law, by the way, upon examination certainly does not call for 
racial profiling. In fact, it expressly prohibits it. I would urge my 
colleagues to read the law. I have a copy and would be glad to provide 
them a copy of it.
  But I hope my colleagues and the American people understand the 
reason why the legislature acted, the reason why we are here on the 
floor today asking for additional assistance is because of the plight 
of human beings, both the residents of my State who are there legally, 
whose security is being threatened, in some cases on a daily basis--
those who live in the southern part of our State--and also for those 
individuals who are being transported across our border by these cruel 
coyotes and who are being terribly mistreated. There are human rights 
violations of the most terrible kind.
  I hope we can all come together, recognizing this is a serious 
problem. It is not just a problem for Arizona, it is a problem for the 
Nation. We have a requirement to secure our borders. That is the 
obligation of every Nation. We happen to be, unfortunately, the State 
that suffers the most because of these insecure borders, but this 
spreads throughout the country. The drugs don't stop in Arizona; they 
go all over the country. The individuals who are smuggled in, all of 
them don't stop in Arizona; they go all over the country.
  We need to help the Government of Mexico in their struggle against 
these drug cartels, but we also have to take the measure--which can 
probably help the Mexican Government as much as anything else--of 
getting our border secured. I want to assure my colleagues that those 
of us from border States, once we get our border secured, stand ready 
to address these other issues that need to be addressed. But if we 
don't get our border secured, a year, 2 years, 10 years from now we are 
going to be faced with the same problem over and over with a population 
of people who have come to our country illegally.
  I ask not only for the votes of my colleagues on these amendments, 
but I ask for their compassion and understanding about a human rights 
situation that cries out for us to address as Christians and as 
individuals who are motivated by Judeo-Christian principles.
  Mr. President, I thank my colleagues, and I yield the floor.
  The PRESIDING OFFICER. The Senator from Nevada.


                    Amendment No. 4230, as Modified

  Mr. ENSIGN. Mr. President, I ask unanimous consent to modify my 
amendment. The clerk has the modification.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
amendment is so modified.
  The amendment, as modified, is as follows:

 (Purpose: To establish limitations on the transfer of C-130H aircraft 
  from the National Guard to a unit of the Air Force in another State)

       At the end of chapter 3 of title I, add the following:
       Sec. 309. (a) Limitations on Transfer of C-130H Aircraft 
     From National Guard to Air Force Units in Another State.--No 
     funds appropriated or otherwise made available by this Act or 
     any other act may be obligated or expended to transfer a C-
     130H aircraft from a unit of the National Guard in a State to 
     a unit of the Air Force, whether a regular unit or a unit of 
     a reserve component, in another State unless each of the 
     following is met:
       (1) The aircraft shall be returned to the transferring unit 
     at a date, not later than 18 months after the date of 
     transfer, specified by the Secretary of the Air Force at the 
     time of transfer.
       (2) Not later than 180 days before the date of transfer, 
     the Secretary of the Air Force shall submits to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives, the members of Congress of the State 
     concerned, and the Chief Executive Officer and adjutant 
     general of the National Guard of the State concerned the 
     following:
       (A) A written justification of the transfer.
       (B) A description of the alternatives to transfer 
     considered by the Air Force and, for each alternative 
     considered, a justification for the decision not to utilize 
     such alternative.
       (3) If a C-130H aircraft has previously been transferred 
     from any National Guard unit in the same State as the unit 
     proposed to provide the C-130H aircraft for transfer, the 
     transfer may not occur until the earlier of--
       (A) the date following such previous transfer on which each 
     other State with National Guard units with C-130H aircraft 
     has transferred a C-130H aircraft to a unit of the Air Force 
     in another State; or
       (B) the date that is 18 months after the date of such 
     previous transfer.
       (b) Return of Aircraft.--Any C-130H aircraft transferred 
     from the National Guard to a unit of the Air Force under 
     subsection (a) shall be returned to the National Guard of the 
     State concerned upon a written request by the Chief Executive 
     Officer of such State for the return of such aircraft to 
     assist the National Guard of such State in responding to a 
     disaster or other emergency.

  The PRESIDING OFFICER (Mr. Franken). The Senator from Arkansas.
  Mr. PRYOR. Mr. President, I have an amendment, No. 4282, that I will 
speak on. I will not call it up at this moment. However, my intent is 
to call it up at the soonest appropriate time.
  I rise today to speak on this amendment and to also ask unanimous 
consent that Senator Cochran be added as a cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. PRYOR. First, I wish to commend the chairman and the ranking

[[Page 9370]]

member for their work on the supplemental spending bill. This has been 
a well-crafted and pragmatic piece of legislation, but it has sometimes 
been difficult in putting this together and moving it to the floor. So 
I want to thank the leaders on the Appropriations Committee and the 
various subcommittees who worked to get this done.
  This bill will greatly benefit our Nation's men and women in uniform. 
This bill also ensures that disaster victims have the services and 
assistance needed to help them recover from both natural and manmade 
disasters. I greatly appreciate the work of the chairman and the 
ranking member along with all of my colleagues on the Appropriations 
Committee.
  Secondly, I wish to discuss amendment No. 4282 regarding FEMA's flood 
map modernization program. I wish to thank Senator Cochran and his 
staff for their hard work and diligence in preparing this amendment 
with me, as well as Senators Lincoln, Vitter, and Brownback, who are 
all cosponsors. I greatly appreciate their contributions as well.
  The purpose of this amendment is to address concerns regarding 
economic development and the ability of communities to provide input in 
the development of new flood insurance rate maps. The amendment will do 
three simple things.
  First, it would allow an extension of the flood elevation and Special 
Flood Hazard Area determination appeal period, upon request from an 
affected community.
  Second, it would prevent FEMA from using technicalities to circumvent 
requirements to study the economic impact of map modifications.
  Third, it would establish an arbitration panel for communities to 
appeal FEMA's proposed map modifications before a neutral third party. 
This sort of appeal from an independent third party is already allowed 
by statute, but it is rarely used. The amendment would set up an 
arbitration panel and highlight the ability of communities to use this 
as a manner of appeal.
  As most of my colleagues know, I have been talking about FEMA's flood 
maps for the last several years. At first, I was working with a few 
other Senators to address the implementation of the program. Senator 
Lincoln also has been a very determined advocate in this area. But now 
there are Senators representing 13 different States who have expressed 
an interest in addressing some common problems with the map 
modernization program.
  Let me emphasize that I support modernizing our maps. I think that is 
good to do. I think it is something we should do. I think it is a good 
use of time and effort and resources to do that. However, what I am 
concerned about is that FEMA seems to be determined to use this as a 
revenue raiser for FEMA and the flood insurance program.
  The way they have it set up is they will make determinations and 
basically greatly expand existing flood plains into areas that--because 
of levees and other flood control management efforts, costing billions 
of dollars, by the way--are not currently at risk for any flooding--or 
hardly any risk at all. But the FEMA flood maps, I guess on a 
technicality--as the maps are completed--would say they would be in a 
flood plain.
  The bottom line effect of this is it creates a huge revenue source 
for FEMA. What happens, once they greatly expand the map of the flood 
plain, is that suddenly many of the people and businesses in that area 
have to purchase flood insurance. In our State, we have looked at the 
numbers, and that flood insurance could be as little as $100 a year, or 
it could be well over $2,500 a year. This has a significant impact on 
people's mortgage payments and their various loans for their 
businesses.
  But here is what we have to keep in mind. From our perspective--and 
again, we are not the only State that does this; many States have river 
systems that flood--these people are already paying for flood 
insurance. What they are doing is they are paying for their local 
levees to protect their communities. As long as those levees are in 
compliance, and as long as there is not any real-life risk of a flood 
in a particular area, I think it is unjust that these people would be 
charged for flood insurance.
  Some of the common problems with FEMA's approach are the lack of 
communication and outreach to local stakeholders; a lack of 
coordination between FEMA and the corps--that is the Corps of 
Engineers--in answering questions about flood mapping, flood insurance, 
and flood control infrastructure repairs; a lack of recognition of 
locally funded flood control projects; a lack of recognition of 
historical flood data; inadequate time and resources to complete the 
repairs to flood control structures before the maps are finalized--in 
other words, they may find a problem, and on day one, when they say you 
have a problem, even though the problem can be fixed very quickly, or 
within a year, let's say, they still are going to try to tag people 
with flood insurance in those affected areas. The other thing they have 
not considered is the potential impacts these new flood maps might have 
on economic development, particularly in small and rural communities.
  Let me give an example of what we are talking about here on the 
ground in Arkansas. And again, if Senators think they do not have this 
problem, they may not today, but it is coming. Because as they redraw 
all these flood maps, this is going to be coming. I don't know about 
all 50 States, but in well over half the States it will, as they go 
through this flood map redrawing. So let me give an example.
  In our State, of course the boot heel of Missouri is the very 
northeastern corner of our State. There is a levee that is actually in 
Missouri, and when the Corps of Engineers inspected it, it has a sand 
boil. Now a sand boil is a problem for a levee, no doubt about it. 
There are varying degrees, and this particular one apparently wasn't 
that bad, but nonetheless there is a sand boil there, which means the 
water is starting to seep under the levee. It is totally repairable. 
They need a little time to fix it, but it is totally repairable. The 
concern we have--and when we talk to FEMA and the Corps of Engineers, 
we are not getting any comfort that our fears are not completely and 
100 percent justified--is once they find that sand boil up in the very 
northern part of the St. Francis River Basin, they are going to say the 
whole basin is out of compliance.
  In other words, in the real world, they could have a leak there. I 
hope they never do, and I hope they can repair it, but they could have 
a leak there. They could have a 100-year flood, and it could actually 
cause a problem to that levee. But think about it. The flooding would 
be local to that levee. It wouldn't be 50 miles away in a totally 
different part of the river basin area.
  So FEMA, in my view, is doing things here that are very heavyhanded, 
very bureaucratic. I do believe they are searching for revenue based on 
the huge amount of money that FEMA had to spend on Katrina and some 
other disasters. FEMA's books are way out of balance as a result of 
that, and I see this as a revenue raiser for them.
  The problem is, as I said, they are going to go into areas that have 
very strong levees that will never flood. Some of these levees are 
built to well over the 100-year standard. In many places in Arkansas 
they built them well over that, because in 1927--and there have been a 
few years since--we had very serious flooding problems in our State. So 
in the eastern part of our State, people believe in levees because they 
have needed them before. The levees have saved them before. The levees 
have breached before, so they have been on both sides of that equation. 
They believe in levees and they understand the value of them.
  But that is not just true in Arkansas. You can go to Mississippi, 
Louisiana, Tennessee, Missouri, and Illinois, not just up and down the 
Mississippi, but up and down lots of other river systems in this 
country and this problem is coming to your State. If you haven't seen 
it yet, you will. This problem is coming to your State.
  What we are trying to do with this amendment is to at least--and, 
personally, I think we ought to have various

[[Page 9371]]

remedies available in this FEMA remapping project--at a minimum set up 
the ability to have an arbitration panel, so if the Corps of Engineers 
and FEMA make a finding, the community at least has a chance to appeal 
and, hopefully, effect a remedy before they get hit with the flood 
insurance requirement.
  There is a lot more to this story, but I am not going to bore my 
colleagues and talk too much about it today because it is not the 
pending amendment. But I would very much appreciate my colleagues' 
consideration. I hope we will be able to be successful in attaching 
this. It basically doesn't cost any money. There is no grant program. 
At one point we were talking about a grant program, but we don't have 
that in here.
  We set up an arbitration panel, and the membership of the arbitration 
panel would have expertise in hydrology, administrative law, and/or 
economic development. We would let the Corps of Engineers provide the 
technical guidance, which I think would be very valuable. Also, we 
allow communities an appeal period, where they can appeal within 120 
days, and it also clarifies under some circumstances that communities 
could be at least partially reimbursed for the cost of the appeal. That 
is already in existing law. That provision is already in there, but we 
are making it clear that the rule would apply to this process.
  Mr. President, I thank you for your patience in listening to me. I 
know we have other Senators who, if they are not on the floor at the 
moment, are waiting to speak, so I wish to mention that my amendment, 
No. 4282--I am not calling it up at the moment, but I wish to at the 
earliest possible moment.
  With that, I yield the floor, and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mrs. HUTCHISON. 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 Nos. 4214 and 4202

  Mrs. HUTCHISON. Mr. President, I rise to speak today in favor of the 
McCain amendment and the Cornyn amendment. I am cosponsor of both of 
these amendments. I understand we will be voting very shortly on these 
amendments as we move forward on the supplemental appropriations.
  I am cosponsoring these amendments. The border State Senators have 
worked together, particularly in light of the escalating violence that 
is happening on the other side of the border with Mexico. It has 
particularly hit Texas and Arizona. So Senator McCain and Senator Kyl 
and Senator Cornyn and I have repeatedly asked for reinforcements to 
support controlling our border.
  I offered versions of both of these amendments in the committee that 
produced this bill. I certainly hope we will be able to agree to these 
amendments--which are fully paid for, I might add. They will not add to 
the deficit. But it is so important that we have as a priority in this 
country the control of the borders of our sovereign Nation.
  We cannot allow the illegal activity and the unspeakable violence to 
continue along our shared border. Ten thousand people have been killed 
in Mexico in drug cartel-related violence, many of them police officers 
and law enforcement officials, just this year; 2,000 over the last 3 or 
4 years. It is escalating. We are seeing effects of the illegal 
activity spill over on our side of the border for sure.
  We have an increase in the activity in our judicial system, in our 
law enforcement, our local law enforcement. American taxpayers are 
paying for local law enforcement for us to be able to try to stop this 
activity from coming across. But there is evidence that it is coming 
across as we see drug cartels setting up operations in cities on our 
side of the border.
  I have invited the President to tour the border with me. That offer 
still stands. I welcome the opportunity to show the President exactly 
what the security challenges are and to see what the Border Patrol and 
DEA agents are going through on a daily basis, not to mention our 
border sheriffs and policemen.
  After deemphasizing border security and even proposing to cut the 
border patrol on the southwest border in the President's own budget, I 
was pleased to finally hear a better set of words and proposals from 
the President--that he will agree to increase border funding. But it is 
a little late coming since so many of us have been asking for months, 
and even over a year, for this extra border security. Border Senators 
and Congressmen have repeatedly called on the President to focus on 
this issue. Then we find that his original budget actually decreased 
the number of border patrol.
  What we know is that the President is now calling for an additional 
1,200 National Guard to be deployed to the border. Texas alone has 
requested 1,000 National Guard. Spreading 1,200 National Guard over 
four States is really an insufficient response to a national security 
priority.
  The McCain amendment specifies title 32 authority for the National 
Guard. It is fully offset, and it deploys 6,000 National Guard to the 
southwest border. This is much more aggressive than the President's 
proposal of 1,200. Although I am pleased the President is making a 
start, 1,200 is barely going to cover Texas, much less Arizona and 
California. It would certainly be an addition, if we can agree to the 
McCain amendment, to really show we are serious about beefing up the 
border security for our country.
  Under the McCain amendment, the National Guard would help the CBP, 
the Border Patrol, get operational control of the southwest border. It 
will augment our security forces until a continued scale-up and 
training of Border Patrol agents can take place.
  Basically, what the McCain amendment does is say this is a temporary 
fix. We are not asking that Border Patrol be a permanent fixture on our 
border. We don't want that. I was even hesitant to ask for Border 
Patrol. But the situation has gotten so serious that we now have to 
take stepped-up measures as a stop-gap while we train the Border Patrol 
to do their job.
  The Department of Homeland Security has 17,000 personnel assigned to 
the southwest border. Well under half the agents--about 7,700--are 
currently assigned to Texas even though 63 percent of the border runs 
through our State. Arizona has only 4,000 agents. We all need more 
support.
  Adequate National Guard support is critical to help patrol spillover 
violence and address all of our security challenges until we have more 
of the Border Patrol agents ready to go.
  Another amendment offered by Senator Cornyn, which I also cosponsor, 
will drastically increase support for law enforcement at every level, 
Federal, State, and local. I wish to speak particularly to the portion 
of Senator Cornyn's amendment that funds the unmanned aerial vehicle, 
the UAVs as we call them, which I introduced in committee and on the 
floor as stand-alone amendments.
  I have worked with the FAA and Customs and Border Patrol so we can 
quickly increase the presence of unmanned drones, or UAVs, to help 
protect the Southwest border. These unmanned drones are able to monitor 
the progress across the border, and also monitor crossings that might 
be illegal across the border, places where you cannot put a Border 
Patrol agent. There are many miles that have to be covered. You cannot 
have a Border Patrol agent every 12 or 15 feet on the border.
  But these unmanned aerial vehicles do provide so much of our 
intelligence gathering and information gathering that it would 
supplement the Border Patrol, and what I hope are additional National 
Guard.
  Last week, I, along with members of the Texas delegation, met with 
FAA Administrator Babbitt. We urged him to allow the UAVs to operate 
along the Texas border. He committed to working closely with the Border 
Patrol to approve the use of UAVs in my State, as well as to streamline 
the approval process across the Nation.

[[Page 9372]]

  We have no UAVs in Texas, none. The FAA and the Border Patrol have 
gone back and forth about who is responsible for this. But the bottom 
line is we have 1,200 miles of border with Mexico and no UAVs to help 
bridge the gap between Border Patrol stations and cameras.
  The UAV amendment will allow the Border Patrol to obtain and operate 
at least six new drone systems and hire pilots, with the goal of 
covering the United States-Mexico border in Texas, New Mexico, Arizona, 
and California every day of the week, including nights. We now have a 
system that only operates in the daytime--not in Texas, but in other 
areas. That is not good enough, because so much of the activity takes 
place at night.
  The amendment provides funding and direction to quickly implement the 
drone procurement and maintenance. It provides funding for 60 pilots 
and crew. All of the costs are fully offset. Border Patrol currently 
operates six unmanned drones in the United States, but only three in 
the Southwest border. The six additional UAVs will provide full 
Southwest border surveillance 7 days a week without diminishing drone 
surveillance along the Northern border and off our Nation's coast.
  More UAVs will help the Border Patrol gain consistent control of our 
borders. Using the drone systems is a force multiplier, and it allows 
border enforcement officials to more efficiently and consistently 
monitor the border and respond to illicit activity.
  I am a cosponsor of the two amendments. This is very important to the 
whole Southwest border. But I do feel that my home State of Texas has 
been particularly challenged because we have had no UAVs. We have had 
only 7,700 Border Patrol personnel across the 1,200 miles, and you 
cannot be serious about border security. This has escalated because of 
the violence in Mexico. The heinous crimes that are being committed in 
Mexico, many against law enforcement officers, are something we read 
about in the papers. We have even had our own U.S. State Department 
people killed in Mexico. We have evidence that the cartels are setting 
up shop in cities in my home State of Texas, and I imagine they are 
setting up in Arizona as well, maybe California. I do not know about 
that. But I do I know in Texas they are. I know that when you are 
facing people who have automatic weapons, they have very sophisticated 
intelligence gathering--these are the cartels, not the government. They 
are killing police officers. They are putting signs on the burial 
places of these police officers saying: These are next. Then they will 
come back and they will cross off on the sign the people they have just 
killed, leaving the ones who are still alive to know they are being 
watched every moment and they are targets.
  We cannot sit here and let this happen without aggressive action. 
That is why we have to act, and why his original budget that was 
submitted to Congress is laughable in this context.
  Now he is saying he will do 1,200 National Guard. Texas is asking for 
1,000, Arizona is asking for 600--Arizona is asking for--I don't know. 
They only have 4,000 Border Patrol agents and they are asking for 3,000 
National Guard. I did find my place. They are asking for 3,000. Texas 
is asking for 1,000.
  We need to pass this amendment. It is fully offset. We would like for 
the whole stimulus bill that is going through, the supplemental 
appropriations, to be offset. We should have not more debt. We have 
enough money in our system if we prioritize border security. It is a 
national security issue and it should be in this bill.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SHELBY. Mr. President, at the appropriate time I will ask for 
amendments Nos. 4242 and 4287 to be called up for consideration.
  I ask unanimous consent that Senator Landrieu be added as a cosponsor 
on amendment No. 4242, and Senator LeMieux be added as a cosponsor on 
amendment No. 4287.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SHELBY. Mr. President, it is now day 37 of the oil spill. We are 
no closer to finding a solution to this crisis then we were on day one.
  Oil continues to pour into the gulf at an unprecedented rate, 
significantly more than the estimate of 5,000 barrels a day.
  Oil has reached deep into the Louisiana marshes. Tar balls have 
washed up on the shores of Alabama and Mississippi.
  As long as this oil continues to flow into the gulf we have a real 
and unprecedented disaster.
  On May 18, I requested that the Secretary of Commerce declare a 
fisheries disaster in the Gulf of Mexico. Alabama's fishing industry 
represents one of the largest economic engines in the State, accounting 
for more than $800 matron in annual sales and nearly 18,000 jobs.
  On Monday, the Secretary declared a fisheries disaster in Alabama, 
Mississippi, and Louisiana.
  Now, it is up to Congress to ensure that our fishermen who will be 
adversely impacted by this oil spill for years to come receive adequate 
assistance.
  Today, I offer an amendment to help our gulf coast communities 
mitigate the disastrous effects of the oil spill. This amendment is not 
more spending but offset from the oil spill liability trust fund. It 
further requires ``responsible parties'' to reimburse the trust fund 
for funding the Federal Government puts towards this amendment.
  First, this amendment provides $20 million to fund the Secretary of 
Commerce's disaster declaration. NOAA has closed 22.4 percent of the 
commercial and recreational fisheries in the gulf because of the spill.
  This declaration will allow the Federal Government to put additional, 
immediate Federal resources towards this disaster to alleviate and 
recover from the devastating impacts to the gulf's fisheries.
  However, this declaration has no teeth if it is not funded. While I 
hoped the administration would realize this by requesting an amendment 
to the supplemental, they have not. My amendment will provide the 
resources necessary to help our gulf coast region.
  Second, it provides NOAA with the resources necessary to begin an 
expanded stock assessment in the gulf.
  A comprehensive stock assessment is critical to the gulf, where there 
are hundreds of species managed under fisheries management plans or 
international conventions. NOAA recently identified the needed steps to 
improve and expand stock assessments in the gulf and to do so, they 
will need the best and most timely data on the health and abundance of 
the stocks. This amendment will provide $15 million to NOAA to begin an 
expanded stock assessment. We must know what the fisheries stocks in 
the gulf are now, so we will have a better idea how the oil has 
affected them.
  Finally, this amendment will provide funding to the National Academy 
of Sciences to study the long-term ecosystem impacts of the spill on 
the gulf.
  It is critical to proactively work to adequately deal with this man-
made crisis. If the oil continues to spill in the gulf unabated, it 
will not only destroy the fisheries this year, but will adversely 
impact the gulf's ecosystem for decades.
  We cannot simply sit by and wait for this problem to solve itself. 
Clearly, we all know that BP has not yet come up with a solution.
  We must continue to ensure that BP, as the responsible party, pays 
for all damage related to this oil spill, but that does not mean BP can 
make all the decisions as to what to do and how to handle the disaster 
that continues to unfold.
  We have been dealing with this crisis for 37 days and are no closer 
to stopping the oilspill than we were on day 1. Since the spill, BP has 
failed in every attempt to stop the oil flow.
  We need to begin putting resources in the gulf to help mitigate the 
long-term effects of what could be the largest and most devastating 
oilspill in American history.
  I ask my colleagues to support the people of the gulf coast by 
supporting my amendment.

[[Page 9373]]

  The PRESIDING OFFICER. The Senator from Arizona.


                     Amendments Nos. 4231 and 4232

  Mr. McCAIN. I would say to the distinguished chairman, if there is a 
unanimous consent agreement concluded, I would be more than happy to be 
interrupted. I know that business in the Senate needs to proceed. I am 
proud to be joining forces with my colleague from Oklahoma, Dr. Coburn, 
to insist that we stop burdening our children and our grandchildren 
with massive debt.
  We have before us today a supplemental appropriations bill totaling 
nearly $60 billion, most of it not paid for, simply being added to the 
ever growing debt, to be paid for by future generations of Americans.
  If we are serious about our commitment to reduce our debt and 
eliminate our deficit, then Congress needs to start making some tough 
decisions about our national priorities and we need to start now.
  Dr. Coburn is seeking a vote on one of two reasonable amendments, 
both of which would fully offset the cost of this bill. Yesterday, Dr. 
Coburn very eloquently laid out his reasons for offering those two 
amendments. Essentially our fiscal situation is extremely perilous and 
we can no longer afford to approve any new Federal funding without 
eliminating wasteful and unnecessary spending in other areas.
  Mr. President, a kind of bizarre thing happened yesterday. In the 
middle of his speech and his argument before the Senate, Dr. Coburn 
yielded the floor to the majority leader who proceeded to file cloture 
on this bill after only 1 day of floor consideration and not a single 
vote on any amendment. So on a $60 billion bill, most of it not paid 
for, we are now going to, without a single amendment having been voted 
on, be voting on a bill, in fact, that will not be paid for. As my 
colleagues know quite well, the editorial page of the Washington Post 
is by no means a conservative, right-leaning, penny-pinching bunch, but 
even they are perplexed about what we are doing here. Yesterday, in an 
editorial entitled ``Congress as Usual: There's an election coming. 
Time to spend,'' the Post wrote:

       All across the Western world, fiscal stimulus is starting 
     to give way to fiscal consolidation. In London, the new 
     British government has announced $8.6 billion in immediate 
     budget cuts. In Paris, French President Nicolas Sarkozy is 
     negotiating to raise that country's retirement age. In 
     Madrid, Spanish civil servants are facing a 5 percent pay 
     cut, followed by a wage freeze. Even Italy is talking about 
     tightening spending. And don't get us started on Greece.
       Only in Washington, it seems, is the long awaited ``pivot'' 
     to fiscal restraint nowhere to be seen. As the mid-term 
     elections draw near, Congress is considering a passel of new 
     spending, necessary and otherwise, most of which won't be 
     paid for.

  Sadly, the Washington Post hit the nail on the head and the bill 
before us is the perfect example of Congress's inability to deal with 
the very serious fiscal realities that are facing this Nation.
  Under this supplemental, DOD receives $33.7 billion for operations in 
Afghanistan, Iraq, and Haiti. The bulk of this money, $24.6 billion, is 
for operations and maintenance, and much needed other funding. The 
remainder of the DOD funding is for military personnel costs and other 
equipment.
  Some say the fiscally responsible way to pay for our war costs is to 
increases taxes. We disagree. The American people, particularly our 
soldiers and their families, are sacrificing enough already. It is time 
for Congress to start making some sacrifices and forgo the earmarks and 
other special deals to help provide our troops with the support and 
equipment they need.
  The first amendment of Dr. Coburn saves taxpayers $59.6 billion by 
doing the following: freezing raises, bonuses, and salary increases for 
Federal employees for 1 year; collecting unpaid taxes from Federal 
employees, $3 billion; reducing printing and publishing costs of 
government documents, $4.4 billion over 10 years; reducing excessive 
duplication, overhead, and spending within the Federal Government, $20 
billion; eliminating nonessential government travel, $10 billion over 
10 years; eliminating bonuses for poor performance by government 
contractors, $8 billion over 10 years; repealing the Energy Star 
Program, $627 million over 10 years; eliminating an increase in foreign 
aid for international organizations, $68 million; limiting voluntary 
payments to the United Nations, $10 billion over 10 years; striking 
unnecessary appropriations for salaries and expenses of a government 
commission Congress ignored, the Financial Crisis Inquiry Commission, 
1.8 million; rescinding a State Department training facility that was 
not requested by the community where it is to be constructed, $500 
million.
  On the second amendment we can save taxpayers $60 billion by cutting 
budgets of Members of Congress, by disposing of unneeded, unused 
government property, auctioning and selling unused and unneeded 
equipment, rescinding unspent and uncommitted Federal funds, $45 
billion.
  We have ways we can cut spending. We have ways we can reduce the 
government, in the first amendment, by nearly $60 billion, and in the 
other one by $60 billion.
  In a letter to Speaker Pelosi in April of last year, President Obama 
wrote:

       As I noted when I first introduced my budget in February, 
     this is the last planned war supplemental. Since September 
     2001, the Congress has passed 17 separate emergency funding 
     bills totaling $822.1 billion for the wars in Iraq and 
     Afghanistan. After 7 years of war, the American people 
     deserve an honest accounting of the cost of our involvement 
     in our ongoing military operations.

  Quoting from the President's letter of April of last year:

       We must break that recent tradition and include future 
     military costs in the regular budget so that we have an 
     honest, more accurate, and fiscally responsible estimate of 
     Federal spending. And we should not label military costs as 
     emergency funds so as to avoid our responsibility to abide by 
     the spending limits set forth by the Congress.

  The President emphasized, again quoting from his letter to the 
Speaker of the House:

       After years of budget gimmicks and wasteful spending, it is 
     time to end the era of irresponsibility in Washington.

  I could not agree more. That is why I am disappointed to see yet 
another supplemental spending bill designated as an emergency without 
offsets. Dr. Coburn and I agree with what the President said last year. 
``After years of budget gimmicks and wasteful spending, it is time to 
end the era of irresponsibility in Washington.'' That is precisely what 
we are seeking to do with these two amendments.
  In the past 2 years, America has faced her greatest fiscal challenges 
since the Great Depression. When the financial markets collapsed, it 
was the American taxpayer who came to the rescue of the banks and the 
big Wall Street firms. But who has come to the rescue of the American 
taxpayer? Certainly not Congress.
  So what has Congress done? By enacting inexplicable policies that can 
only be described as generational theft, we have saddled future 
generations with literally trillions of dollars of debt. Since January 
of 2009, we have been on a spending binge the likes of which this 
Nation has never seen. In that time, our debt has grown by over $2 
trillion. We passed a $1.1 trillion stimulus bill.
  Remember the assurance that unemployment would be at a maximum of 8 
percent? Now it is 9.9. We passed a $2.5 trillion health care bill. The 
American people are still angry about that. The President submitted a 
budget for next year totaling $3.8 trillion. We now have a deficit of 
over $1.4 trillion, and we just passed, a week or so ago, the $13 
trillion debt mark which amounts to more than $42,000 owed by every 
man, woman, and child in America.
  This year the government will spend more than $3.6 trillion and will 
borrow 41 cents for every $1 it spends. Unemployment remains at 9.9 
percent and, according to forbes.com, a record 2.8 million American 
households were threatened with foreclosure last year. That number is 
expected to rise to well over 3 million homes this year. With this 
bill, we are poised to tack another $60 billion onto the tab.
  I travel a lot around my State. I know all of my colleagues do. Every 
place I go I meet county supervisors, city councilmen, mayors, elected 
officials from all over the State. I talk to

[[Page 9374]]

the Governor, the legislature. They make tough decisions. The city of 
Phoenix had to cut its budget by some 30 percent last year, a very 
tough decision. Meanwhile, we increased domestic spending by 20 
percent. What is the difference between the city of Phoenix and us in 
the Capitol? We print money. A debt of $1.4 trillion this year, 
estimated to be $1.5 trillion this year, how can we continue this?
  These two amendments by Dr. Coburn can achieve a significant savings, 
$60 billion in each. That is $120 billion that both of these amendments 
could save the taxpayers. Wouldn't it be wonderful to show the 
taxpayers that maybe we are going to do something like cutting the 
budget, cutting our budgets? Wouldn't it be nice to tell the American 
people we are going to eliminate nonessential government travel? 
Couldn't we at least freeze bonuses?
  We have an opportunity to show the American people we are going to 
tighten our belts a little bit, too; that we care about generational 
theft; that we care about future generations of Americans. I know some 
of these measures will not be popular, but Dr. Coburn has never been 
one who has tried to win a popularity contest. What Dr. Coburn has 
tried to do is steer the American people on a path to some kind of 
fiscal solvency so we can stop this terrible generational theft we are 
committing.
  The greatness of America, certainly one of her greatest attributes, 
is we have handed on to every generation a better one than the one they 
had before them. That has been the great wonder and beauty of America. 
With these kinds of debts and deficits, what can we pass on to our 
children and grandchildren?
  I applaud Senator Coburn not only for this effort but many of the 
other efforts he has made. I am pleased to join him. I hope my 
colleagues will understand that the American people are angry and 
frustrated. Look at the latest polling numbers--we do read polls. Do 
you want to reelect your Member of Congress? What is our approval 
rating? It is 14, 13, 12 percent. We are down to blood relatives and 
paid staffers. The point is, let's send a message to the American 
people we are serious.
  Yes, there are tough decisions and tough things that are embodied in 
this legislation. I urge my colleagues to at least take a look at them 
and consider putting this Congress and this Nation on a different path.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Delaware.
  Mr. KAUFMAN. Mr. President, I rise today to voice my support for H.R. 
4899, the Fiscal Year 2010 Supplemental Appropriations Act. This bill 
is critical to our future success in Iraq, Afghanistan, and Pakistan 
and also delivers much needed humanitarian aid to Haiti. Today, I wish 
to highlight how some of the provisions in this legislation support 
U.S. foreign policy goals, strengthen our military and civilian 
efforts, and defend against security threats around the world.
  This bill does a great deal to support our ongoing counterinsurgency 
effort in Afghanistan. As General McChrystal has said, 
counterinsurgency is not an ``event,'' but rather, a ``process,'' and 
this supplemental provides the essential resources needed at each stage 
of the process.
  First, the military must ``shape and clear'' in a military operation. 
The President made the bold decision in December that an additional 
30,000 troops were needed in Afghanistan, and this bill fully funds the 
additional deployment. As we saw earlier this year in Marjah and will 
witness this summer in Kandahar, the U.S. military is partnering with 
the Afghan security forces for the ``clear and hold'' portion of 
counterinsurgency, and I am pleased this bill provides $2.6 billion to 
train and equip the Afghan security forces.
  Next we must ``build,'' which requires a unity of effort between the 
military and civilian agencies and which is why this bill provides 
$1.48 billion to the State Department for continued reconstruction and 
law enforcement programs. As I have stated before, our goal is to 
transfer authority to the Afghans. For this, we must continue to train 
and mentor the Afghan Army, police, and civil servants, so they may 
assume greater responsibility to provide security and effective 
governance themselves.
  On a recent trip to Afghanistan in March, I saw firsthand the 
improvements that have been made with the Afghan National Army, ANA, 
training program. Thanks to a recent pay raise for ANA recruits and 
intensified partnering with U.S. forces, we are on track to exceed the 
stated goal of 134,000 trained ANA by October. The additional resources 
in this bill will help ensure we stay on this positive trajectory for 
ANA training and mobilization.
  Unfortunately, the same progress has not been realized in training 
the Afghan National Police, ANP. A lack of oversight, coupled with high 
rates of attrition, drug use, illiteracy, and widespread corruption 
have severely undermined our efforts to establish a credible police 
force.
  I was appalled--appalled does not describe it--I was appalled to 
learn we have spent $6 billion on training the ANP in the past 9 years, 
with little to show for it. I have been in literally 60 to 100 
meetings--before my three trips to Afghanistan, in Afghanistan, and my 
trips back. I have yet to hear anyone say anything good about the 
Afghan national police. It was not until I got on the Homeland Security 
Subcommittee that I found out we were spending $6 billion to train 
them. I would have been shocked if I had heard we were spending $100 
million to train them. However, this is key to our success in 
Afghanistan, and I believe the administration is now fully aware of the 
problems that have become endemic to this program and is focused on 
eliminating them in the months ahead.
  Funding in this bill will support efforts to get police training back 
on track, which is one of the most critical elements of our strategy in 
Afghanistan.
  This bill also does a great deal to reinforce our partnership with 
Pakistan. After traveling three times in the past year to Pakistan, I 
cannot underscore enough the importance and strategic value of this 
partnership to our shared fight against violent extremism. This 
resonates at home today in the wake of the failed Times Square bombing 
and Faisal Shahzad's alleged ties to Pakistani extremists in 
Waziristan. In light of mutual security interests, we must continue to 
nurture our relationship with the Pakistani people and military, 
demonstrating our enduring long-term interest in the region.
  Last year, Congress validated that commitment in the form of a 5-
year, $7.5 billion economic aid package, otherwise known as the Kerry-
Lugar bill, and in the past 2 years, we have invested over $1 billion 
in military aid in the Pakistan counterinsurgency capability fund. This 
bill reaffirms these commitments with $259 million to support ongoing 
programs to strengthen democratic governance, rule of law, and social 
and economic services to improve the lives of the people of Pakistan. 
Of the total, $10 million would be provided for the Pakistani Civilian 
Assistance Program, $5 million for human rights programs, and $1.5 
million to facilitate the implementation and oversight of USAID and 
Department of State programs.
  This bill also provides $50 million for the purchase of helicopters 
for Pakistan which will be used to combat terrorist groups and other 
extremist organizations. I am hopeful that this level of commitment 
will help persuade the Pakistanis to redouble their efforts to address 
security concerns along the border with Afghanistan. I cannot emphasize 
enough the importance of Pakistan's contribution to the security 
situation in the tribal areas, especially as it pertains to targeting 
the Afghan Taliban--not just the Pakistani Taliban--including the 
Haqqani Network and Quetta Shura.
  This bill also helps ensure a stable and secure Iraq in preparation 
for the drawdown of United States forces and complete withdrawal of 
combat troops by September. During my recent visit to the region, I was 
struck by the helicopter view of Baghdad at night. The glimmering 
lights of the city and the

[[Page 9375]]

traffic looked similar to any city in the U.S. That sight illustrated 
the progress that has been made in Iraq and the enduring mutual 
commitment and partnership that has been created in recent years. As a 
means of reinforcing this commitment and continued progress, this bill 
provides an additional $1 billion for the Iraqi security forces fund. 
It also provides $650 million in additional economic and security 
assistance for Iraq which includes $450 million for the Iraqi police 
program.
  These measures support the security framework in Iraq, which will 
provide Iraq's leaders with the stability they need to form a new 
government. With the election recount recently completed, the 
groundwork has been laid for Iraqi elected officials to work toward a 
common goal of establishing a government representative of the people 
of Iraq. While a functioning government should not just be cobbled 
together in the interest of time, it is important to note that a 
prolonged delay could create a power vacuum that may exacerbate ongoing 
security concerns. This bill reinforces and continues to build upon the 
security infrastructure that the Iraqis have created, and the goal of 
building and sustaining past success.
  Finally, I am grateful this bill includes $3 million for the Voice of 
America's Creole language broadcasting in Haiti. The VOA Creole 
broadcasts include public service announcements from U.S. Government 
agencies, which have been so valuable in previous crises around the 
world, and have helped Haitians find loved ones, shelter, medical 
assistance, and aid, in the aftermath of the earthquake.
  Since then, it has provided a vital service in helping them to find 
essential resources and assistance. VOA runs public safety and relief 
supply updates, as well as a call-in line to broadcast messages from 
families and friends of the injured and missing. The additional 
resources in this bill will help to sustain these critical public 
services, and I commend the VOA for its commitment and its great 
contribution to disaster relief globally, and especially in Haiti.
  This bill reinforces our foreign policy goals and secures our 
interests at home and abroad. It also funds our Armed Forces which are 
deployed in harm's way, and supports the civilian diplomatic and 
development initiatives that are necessary to our efforts in 
Afghanistan, Pakistan, and Iraq. I thank the leadership for moving this 
bill forward, and I call on my colleagues to join me in supporting this 
supplemental.
  I thank the Chair.
  The PRESIDING OFFICER. The Senator from Oklahoma.


                    Amendment No. 4231, as Modified

  Mr. COBURN. Mr. President, I ask unanimous consent that amendment No. 
4231 be modified with the changes at the desk.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Oklahoma.
  Mr. COBURN. Mr. President, I want to tell you that I concur in what I 
just heard----
  The PRESIDING OFFICER. The Senator's request has not yet been agreed 
to.
  Mr. COBURN. The modification has not?
  The PRESIDING OFFICER. That is correct.
  Mr. COBURN. There is an objection?
  The PRESIDING OFFICER. Without objection, the amendment is so 
modified.
  The amendment, as modified, is as follows:

       At the end of the bill, add the following:

       TITLE IV--PAYMENT OF COSTS OF SUPPLEMENTAL APPROPRIATIONS

     SEC. 4001. TEMPORARY ONE-YEAR FREEZE ON RAISES, BONUSES, AND 
                   OTHER SALARY INCREASES FOR FEDERAL EMPLOYEES.

       Notwithstanding any other provision of law, civilian 
     employees of the Federal Government in fiscal year 2011 shall 
     not receive a cost of living adjustment or other salary 
     increase, including a bonus. The salaries of members of the 
     armed forces are exempt from the provisions of this section.

     SEC. 4002. CAPPING THE TOTAL NUMBER OF FEDERAL EMPLOYEES.

       (a) In General.--Not later than 3 months after the date of 
     enactment of this Act, the head of each relevant Federal 
     department or agency shall collaborate with the Director of 
     the Office of Management and Budget to determine how many 
     full-time employees the department or agency employs. For 
     each new full-time employee added to any Federal department 
     or agency for any purpose, the head of such department or 
     agency shall ensure that the addition of such new employee is 
     offset by a reduction of one existing full-time employee at 
     such department or agency.
       (b) Information on Total Employees.--The Director of the 
     Office of Management and Budget shall publicly disclose the 
     total number of Federal employees, as well as a breakdown of 
     Federal employees by agency and the annual salary by title of 
     each Federal employee at an agency and update such 
     information not less than once a year.

     SEC. 4003. COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE 
                   FEDERAL GOVERNMENT.

       (a) In General.--Chapter 73 of title 5, United States Code, 
     is amended by adding at the end the following:

  ``SUBCHAPTER VIII--COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE 
                           FEDERAL GOVERNMENT

     ``Sec. 7381. Collection of unpaid taxes from employees of the 
       Federal Government

       ``(a) Definition.--For purposes of this section--
       ``(1) the term `seriously delinquent tax debt' means an 
     outstanding debt under the Internal Revenue Code of 1986 for 
     which a notice of lien has been filed in public records 
     pursuant to section 6323 of such Code, except that such term 
     does not include--
       ``(A) a debt that is being paid in a timely manner pursuant 
     to an agreement under section 6159 or section 7122 of such 
     Code; and
       ``(B) a debt with respect to which a collection due process 
     hearing under section 6330 of such Code, or relief under 
     subsection (a), (b), or (f) of section 6015 of such Code, is 
     requested or pending; and
       ``(2) the term `Federal employee' means--
       ``(A) an employee, as defined by section 2105; and
       ``(B) an employee of the United States Congress, including 
     Members of the House of Representatives and Senators.
       ``(b) Collection of Unpaid Taxes.--The Internal Revenue 
     Service shall coordinate with the Department of Treasury and 
     the hiring agency of a Federal employee who has a seriously 
     delinquent tax debt to collect such taxes by withholding a 
     portion of the employee's salary over a period set by the 
     hiring agency to ensure prompt payment.''.
       (b) Clerical Amendment.--The analysis for chapter 73 of 
     title 5, United States Code, is amended by adding at the end 
     the following:

  ``subchapter viii--collection of unpaid taxes from employees of the 
                           federal government

``Sec. 7381. Collection of unpaid taxes from employees of the Federal 
              Government.''.

     SEC. 4004. REDUCING PRINTING AND PUBLISHING COSTS OF 
                   GOVERNMENT DOCUMENTS.

       Within 90 days after the date of enactment of this Act, the 
     Director of the Office of Management and Budget shall 
     coordinate with the heads of Federal departments and 
     independent agencies to determine which Government 
     publications could be available on Government websites and no 
     longer printed and to devise a strategy to reduce overall 
     Government printing costs by no less than a total of 
     $4,600,000 over the 10-year period beginning with fiscal year 
     2010. The Director shall ensure that essential printed 
     documents prepared for Social Security recipients, Medicare 
     beneficiaries, and other populations in areas with limited 
     internet access or use continue to remain available.

     SEC. 4005. REDUCING EXCESSIVE DUPLICATION, OVERHEAD AND 
                   SPENDING WITHIN THE FEDERAL GOVERNMENT.

       (a) Reducing Duplication.--The Director of the Office of 
     Management Budget and the Secretary of each department (or 
     head of each independent agency) shall work with the Chairman 
     and ranking member of the relevant congressional 
     appropriations subcommittees and the congressional 
     authorizing committees and the Director of the Office of 
     Management Budget to consolidate programs with duplicative 
     goals, missions, and initiatives.
       (b) Controlling Bureaucratic Overhead Costs.--Each Federal 
     department and agency shall reduce annual administrative 
     expenses by at least five percent in fiscal year 2011.
       (c) Rescissions of Excessive Spending.--There is hereby 
     rescinded an amount equal to 5 percent of--
       (1) the budget authority provided (or obligation limit 
     imposed) for fiscal year 2010 for any discretionary account 
     in any other fiscal year 2010 appropriation Act;
       (2) the budget authority provided in any advance 
     appropriation for fiscal year 2010 for any discretionary 
     account in any prior fiscal year appropriation Act; and
       (3) the contract authority provided in fiscal year 2010 for 
     any program subject to limitation contained in any fiscal 
     year 2010 appropriation Act.
       (d) Proportionate Application.--Any rescission made by 
     subsection (a) shall be applied proportionately--

[[Page 9376]]

       (1) to each discretionary account and each item of budget 
     authority described in such subsection; and
       (2) within each such account and item, to each program, 
     project, and activity (with programs, projects, and 
     activities as delineated in the appropriation Act or 
     accompanying reports for the relevant fiscal year covering 
     such account or item, or for accounts and items not included 
     in appropriation Acts, as delineated in the most recently 
     submitted President's budget).
       (e) Exceptions.--This section shall not apply to 
     discretionary authority appropriated or otherwise made 
     available to the Department of Veterans Affairs and the 
     Department of Defense.
       (f) OMB Report.--Within 30 days after the date of enactment 
     of this section, the Director of the Office of Management and 
     Budget shall submit to the Committees on Appropriations of 
     the House of Representatives and the Senate a report 
     specifying the account and amount of each rescission made 
     pursuant to this section and the report shall be posted on 
     the public website of the Office of Management and Budget.

     SEC. 4006. ELIMINATING NONESSENTIAL GOVERNMENT TRAVEL.

       Within 60 days after the date of enactment of this Act, the 
     Director of the Office of Management and Budget, in 
     consultation with the heads of the Federal departments and 
     agencies, shall establish a definition of ``nonessential 
     travel'' and criteria to determine if travel-related expenses 
     and requests by Federal employees meet the definition of 
     ``nonessential travel''. No travel expenses paid for, in 
     whole or in part, with Federal funds shall be paid by the 
     Federal Government unless a request is made prior to the 
     travel and the requested travel meets the criteria 
     established by this section. Any travel request that does not 
     meet the definition and criteria shall be disallowed, 
     including reimbursement for air flights, automobile rentals, 
     train tickets, lodging, per diem, and other travel-related 
     costs. The definition established by the Director of the 
     Office of Management and Budget may include exemptions in the 
     definition, including travel related to national defense, 
     homeland security, border security, national disasters, and 
     other emergencies. The Director of the Office of Management 
     and Budget shall ensure that all travel costs paid for in 
     part or whole by the Federal Government not related to 
     national defense, homeland security, border security, 
     national disasters, and other emergencies do not exceed 
     $5,000,000,000 annually.

     SEC. 4007. ELIMINATING BONUSES FOR POOR PERFORMANCE BY 
                   GOVERNMENT CONTRACTORS.

       (a) Guidance on Linking of Award and Incentive Fees to 
     Outcomes.--Not later than 180 days after the date of 
     enactment of this Act, each Federal department or agency 
     shall issue guidance, with detailed implementation 
     instructions (including definitions), on the appropriate use 
     of award and incentive fees in department or agency programs.
       (b) Elements.--The guidance under subsection (a) shall--
       (1) ensure that all new contracts using award fees link 
     such fees to outcomes (which shall be defined in terms of 
     program cost, schedule, and performance);
       (2) establish standards for identifying the appropriate 
     level of officials authorized to approve the use of award and 
     incentive fees in new contracts;
       (3) provide guidance on the circumstances in which 
     contractor performance may be judged to be excellent or 
     superior and the percentage of the available award fee which 
     contractors should be paid for such performance;
       (4) establish standards for determining the percentage of 
     the available award fee, if any, which contractors should be 
     paid for performance that is judged to be acceptable, 
     average, expected, good, or satisfactory;
       (5) ensure that no award fee may be paid for contractor 
     performance that is judged to be below satisfactory 
     performance or performance that does not meet the basic 
     requirements of the contract;
       (6) provide specific direction on the circumstances, if 
     any, in which it may be appropriate to roll over award fees 
     that are not earned in one award fee period to a subsequent 
     award fee period or periods;
       (7) ensure that the Department or agency--
       (A) collects relevant data on award and incentive fees paid 
     to contractors; and
       (B) has mechanisms in place to evaluate such data on a 
     regular basis; and
       (8) include performance measures to evaluate the 
     effectiveness of award and incentive fees as a tool for 
     improving contractor performance and achieving desired 
     program outcomes.
       (c) Return of Unearned Bonuses.--Any funds intended to be 
     awarded as incentive fees that are not paid due to 
     contractors inability to meet the criteria established by 
     this section shall be returned to the Treasury.

     SEC. 4008. ELIMINATING GOVERNMENT WASTE AND INEFFICIENCY.

       Within 30 days after the date of enactment of this Act, the 
     Energy Star program administered by the United States 
     Environmental Protection Agency shall be terminated and no 
     Federal tax rebates or tax credits related to the Energy Star 
     program shall be any longer available.

     SEC. 4009. STRIKING INCREASE IN FOREIGN AID FOR INTERNATIONAL 
                   ORGANIZATIONS.

       Notwithstanding any other provision of this Act, the total 
     amount appropriated under the heading ``contributions for 
     international peacekeeping activities'' under the heading 
     ``International Organizations'' under chapter 10 of title I 
     of this Act is hereby reduced by $68,000,000 and no more than 
     $28,500,000 may be made available by this section, Provided 
     That, this section does not prohibit additional funds 
     otherwise appropriated to be spent for emergency security in 
     Haiti in accordance with law.

     SEC. 4010. $1,000,000,000 LIMITATION ON VOLUNTARY PAYMENTS TO 
                   THE UNITED NATIONS.

       Notwithstanding any other provision of law, the Secretary 
     of State shall ensure no more than $1,000,000,000 is provided 
     to the United Nations each year in excess of the United 
     States' annual assessed contributions.

     SEC. 4011. RETURNING EXCESSIVE FUNDS FROM AN UNNECESSARY, 
                   UNNEEDED, UNREQUESTED, DUPLICATIVE RESERVE FUND 
                   THAT MAY NEVER BE SPENT.

       Notwithstanding any other provision of law, unobligated 
     funds for the Women, Infants and Children special 
     supplemental nutrition program appropriated and placed in 
     reserve by Public Law 111-5 are rescinded.

     SEC. 4012. STRIKING AN UNNECESSARY APPROPRIATION FOR SALARIES 
                   AND EXPENSES OF A GOVERNMENT COMMISSION.

       Notwithstanding any other provision of this Act, no funds 
     shall be appropriated or otherwise made available for 
     salaries or any other expenses of the Financial Crisis 
     Inquiry Commission established pursuant to section 5 of the 
     Fraud Enforcement and Recovery Act of 2009 (Public Law 111-
     21).

     SEC. 4013. RESCINDING A STATE DEPARTMENT TRAINING FACILITY 
                   UNWANTED BY RESIDENTS OF THE COMMUNITY IN WHICH 
                   IT IS IT IS PLANNED TO BE CONSTRUCTED.

       Notwithstanding any other provision of law, no Federal 
     funds may be spent to construct a State Department training 
     facility in Ruthsberg, Maryland, and any funding obligated 
     for the facility by Public Law 111-5 are rescinded, Provided 
     That, this section does not prohibit funds otherwise 
     appropriated to be spent by the State Department for training 
     facilities in other jurisdictions in accordance with law.

  Mr. COBURN. I thank the Chair.
  I want to say I enjoyed very much Senator Kaufman's words, and I 
agree with him. I think what he talked about and what we are doing for 
our military in this bill is appropriate. It is something that has to 
be done. The only difference I would have with him is it is not an 
emergency. We all know it is not an emergency. The reason it is being 
classified as an emergency is because we do not want to make the hard 
choices of getting rid of something else to pay for it, and we do not 
want to have another violation of pay-go, so what we do is we classify 
it as an emergency.
  The only thing in this bill that is an emergency is the FEMA money. 
That is the only thing that meets the definition of our own rules for 
an emergency: unforeseen, unpredictable, and unanticipated. Everything 
else in this bill is predictable, foreseen, and anticipated. So we are 
actually violating our own integrity when we bring a bill to the floor 
and call it an emergency when everybody knows it is not.
  Why are we doing that? We are doing that because we do not want to 
have to live with the rule we set for ourselves called pay-go. I did 
not vote for pay-go. I do not believe in pay-go because pay-go is 
exactly what I said it would be when we had the vote. The American 
taxpayer, you go pay, and we will go spend, and we will not diminish 
any of our spending, our profligate spending, because of this rule.
  Since we have passed the bill on pay-go on February 12 of 2010--that 
is when it was signed into law--we have borrowed $46 billion and waived 
pay-go; borrowed $10 billion and waived pay-go; borrowed $99 billion 
and waived pay-go--that was all in March. We borrowed $18 billion.
  This one is not going to count against pay-go because we put a false 
emergency designation on it, and we have another $190 billion coming to 
us from the House for extenders, and we are going to waive pay-go on 
that. So we will have spent $530 billion since February 12 that we do 
not have, and we refuse to make choices about lower priority programs 
and eliminating them. That is the truth. Nobody is

[[Page 9377]]

going to dispute it. You cannot even get anybody to debate you on these 
things. They will not debate you because they know it is the fact. They 
will not stand and even counter it because they know it is the fact.
  Well, what are the other facts? Here are the other facts: FEMA is 
broke. Medicare is broke. Medicaid is broke. Fannie and Freddie are 
broke. Social Security is broke. It is running a negative balance. The 
U.S. Post Office is broke. The highway trust fund is broke. And guess 
what. So is the Federal Government. If we are not careful, we are going 
to add our kids to the list and say they are broke. That is where we 
are headed: broke. That means our liabilities are greater than our 
assets. That means the money we have is not sufficient to cover the 
debts we have.
  We have seen this tremendous volatility in the markets over the last 
2 weeks. They are upset because they are not sure there is a stable 
Euro right now. The Euro has dropped from $1.43 in the last 4 months to 
$1.22. That is a significant decline in that currency. Why is that? 
Because there is no confidence they are going to be able to solve their 
problems of being broke, because they are not making the hard choices 
among priorities that are necessary for them to get out of the problems 
they face. And we are just starting to see a backstop and IMF demands 
of Greece--and you are going to see it of many others--that they are 
going to have to make certain cuts in spending.
  We have a couple of choices. We can wait 2 or 3 years, when we are in 
the same shape, to where the world currency and the world bankers are 
demanding of us that we make those hard choices or we can start making 
them now when they are a lot less expensive and a lot less costly.
  I know the amendments we have offered have been sent to CBO, and CBO 
is saying--which tells us another entire problem we have--they cannot 
score a freeze in Federal salaries. Well, we know it is going to go up 
$3.1 billion next year if we do not score it, but CBO will not score 
it. We know regardless of the significant increase we had in our own 
budgets--4.6 percent--I have averaged turning back more than 400,000 a 
year. Everybody in this Congress, everybody in this Senate, could do 
that easily if they wanted to. We have offered $100 million in cuts to 
our own budgets. That is where we ought to start. If we are going to 
set an example, we ought to start with our own budget. CBO will not 
score that either.
  Why won't they score it? We are clueless to what the real world is 
about in terms of spending and budgets. We cannot get a score even 
though the direction in the amendment is to sell off $15 billion in 
unused properties and physical plants that we know we do not use that 
cost us $8 billion a year to maintain. CBO is not going to score that 
either--so that is not going to be scored as savings--and rescinding 
unspent and uncommitted Federal funds, of which there is over $350 
billion sitting in the bank right now that is unobligated. I am not 
talking about obligated funds. I am talking about unobligated funds, 
which says we are going to manage our money better. We are going to 
make it stream. We are not going to let it sit there for so long. We 
are not going to borrow the money. We are going to borrow it more on a 
time-as-needed basis, and we are not going to have as much money 
sitting in unobligated funds.
  We are going to have criticism against our first amendment because 
CBO does not score it. Do you know what. CBO's accuracy is about as 
good as mine at throwing a baseball: not very good. I cannot hit the 
strike zone, and neither do they. That does not mean anything against 
them because we are giving them lots of unknowns. But we have also set 
up a set of rules that are designed to not give us what we need to 
have: the real information. No business, no family operates their 
budgets with such loose rules.
  Where are we going? Here is where we are going right now. This chart 
shows discretionary spending in the United States since 1999. In 2010--
and this is in real dollars; this is not inflation-adjusted dollars; it 
would not look quite as bad if it were in inflation-adjusted dollars--
but we are going from $572 billion to $1.408 trillion. And do you know 
what. That does not count any of the spending--any of the spending--the 
$500 billion we are going to pass outside of pay-go. It does not count 
any of it.
  So in a time when our country owes $13 trillion--it is going to over 
$26 trillion in 9 years; that is the path we are on--we are increasing 
spending, and we are not paying for any of it. We are not making one 
hard choice. One of the few things that is paid for in this bill 
continues to fund a commission we do not even need because we just 
passed the financial reform bill, and yet we are going to spend $1.8 
million on the Financial Inquiry Commission. Why would we do that? You 
talk about throwing money down a rat hole. Why has the commission 
continued to meet? We have already decided in all our knowledge and all 
our wisdom we knew how to fix it, even though we did not even fix the 
underlying causes for the real collapse: Fannie Mae and Freddie Mac. We 
did not address it at all. We did not address leverage ratios.
  That is where we are going: $1.4 trillion this year, not counting 
everything we are passing out of here that is not paid for. What does 
it mean? We heard Senator McCain talk about generational theft. Here is 
the face of it. Here is little Miss Madeline. When I first put this 
picture up in the Chamber less than 7 months ago, it was $38,000. It is 
now $42,000 per man, woman, and child in this country. That is what 
they owe individually on our net debt. That is not our gross debt; that 
is our net debt. The $13 trillion does not represent our real debt. 
That only represents what we owe outside. It does not represent what we 
owe ourselves.
  So she is at $42,000. Extrapolate the increase from $38,000 to 
$42,000 every 6 months and see what you get. What you get 20 years from 
now--if you include unfunded liabilities--Madeline, when she is 24, 
will owe $1,113,000. That is what she is going to be responsible for. 
So when we hear somebody talk about generational theft, what they are 
talking about is robbing opportunity.
  If you had a 6-percent interest rate on $1,113,000, it is not hard to 
figure out that is $66,000 a year in interest that Madeline is going to 
have to pay before she pays any taxes to run the government, defend the 
country, pay for Medicare for me and the rest of the people in this 
room, before she owns a home, before she educates her kids. It is 
thievery.
  How hard is it? How hard is it in a $3 trillion budget for us to find 
the money--find the money--to pay for this war? How hard is it? It is 
only as hard as we make it. We are risk averse. We do not want to be 
criticized because some program that had somebody who was for it is not 
going to be there anymore. We are going to do it. We are going to 
eliminate those programs. I can promise you we are. The question is 
when we are going to do it, and how drastic it is going to be, and who 
is going to make us do it. If we do not do it ourselves, then the 
priorities are not going to be the priorities of the body. They are 
going to be the priorities of the world bankers. That is who is going 
to do it. We are going to do this. We are going to cut spending. The 
question is, Do we do it now and make it less painful or do we wait 
until we are forced into it like the Greeks?
  I think our history, I think our culture, and I think our children 
are worth us starting to make those kinds of difficult decisions. It is 
my hope we will give consideration--I do not care what combination of 
cuts we make. I just offered some. I am willing for the appropriators 
to make the cuts. But we no longer live in a time when we can borrow 
from the future of our children to pay for now. It has to start. I 
would ask my colleagues to support that start.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. MERKLEY. Mr. President, I rise to discuss a huge challenge in the 
State of Oregon--specifically, a drought that is affecting the southern 
Klamath Basin. This is an area that had a terrible drought in 1992. 
This drought set everyone in this basin against each other. How do you 
allocate those few precious drops of water

[[Page 9378]]

between the river and the lake and the irrigation, the fish, the 
farmers?
  It is terribly tough when it doesn't rain. It so happens that this 
year, the water that has come into the lake is lower than at any time 
the water levels have been recorded and lower by very significant 
amounts. So this isn't just a shortfall of rain below the average or a 
modest few weeks without precipitation; this is the worst drought in 
the Klamath Basin in recorded history. That is why it has received 
status as a Federal disaster. The Governor of Oregon wrote on March 16 
and on April 5 requesting a disaster designation for Klamath County, 
OR, due to the losses caused by the ongoing drought and related 
disasters, and the Department of Agriculture assessed that and issued 
that disaster declaration. There are well over 1,000 families--about 
1,400 families--who farm the Klamath Basin and about 200,000 acres of 
land in that very productive region.
  As we have immersed ourselves in discussions with the Secretary of 
Agriculture and the Secretary of the Interior, there are a couple key 
strategies that can be pursued to prevent what is a terrible situation 
right now from being an utter and total disaster by August and 
September. Those strategies are pumping ground water, which is quite 
expensive due to the power needs, and idling land--asking some farmers 
who have water rights to set aside their rights for modest payments, 
and by modest, meaning less than $200 an acre for highly fertile 
ground. But that greatly reduces the size of this disaster to the 
community.
  I applaud the hard work the Secretary of Agriculture and the 
Secretary of the Interior have done. They have worked to reprogram, to 
make those modest changes so they are allowed to free up a small amount 
of funds, a modest amount of funds. But to really address this 
situation, to idle basically what amounts to a fourth of that land, 
would take $10 million.
  I have an amendment filed, amendment No. 4251, that I hope will have 
a chance to be brought up and considered later on because we are 
addressing some major disasters around the country in this 
appropriations legislation, and it is certainly appropriate, when you 
have a declared Federal disaster in my State, to have this modest 
amount of money, in comparison to the other requests, receive 
consideration for the community.
  I note that Senator Wyden from Oregon and Senator Boxer and Senator 
Feinstein are very supportive and cosponsors because this Klamath Basin 
is on the boundary between Oregon and California, so there is territory 
within both States that is affected by this disaster and would be 
assisted by this revenue.
  So I will wrap up my remarks to give an opportunity for others to 
take the floor, but I do ask my colleagues: We have a federally 
declared disaster in Oregon that needs a modest amount of help, and I 
ask for the opportunity to have this request duly considered by this 
body as this debate progresses.
  Thank you, Mr. President.
  Mr. President, I note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant bill clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. MENENDEZ. 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. MENENDEZ. Mr. President, I rise to speak on some of the 
amendments before the Senate that I understand will be considered and 
coming up for some votes. To me, they are misguided efforts as it 
relates to how we ultimately deal with our immigration policy in this 
country; how we deal with the questions of national security, of our 
economy, of our well-being.
  I have joined in supporting and take a backseat to no one in our 
efforts to secure the borders of the United States. However, the 
militarizing of the border is something I clearly do not believe is in 
our collective interests.
  Now, Senators Cornyn, Kyl, and McCain seek to offer border 
enforcement amendments to the supplemental we are debating, but these 
amendments are, in my mind, merely an opportunity to grandstand instead 
of solving the country's real immigration problems.
  These amendments would deplete critical stimulus funds that are 
greatly needed to support a recovering economy. It is an economy that 
recovers that ultimately generates the revenues to fund some of the 
very initiatives we would like to see. It is important to realize that 
many of the remaining stimulus funds--much of the funding is for 
mandatory programs. These are programs we must pay for under current 
law, such as unemployment insurance, food stamps, FMAP, to mention a 
few.
  Furthermore, there seems to be a sense of amnesia here. We have 
already poured billions of dollars into border enforcement this year, 
more than under the last Republican-controlled Congress. Over the last 
3 years alone, the Democratic Congress has increased U.S. Customs and 
Border Protection funding by over 23 percent, from $8 billion to about 
$10 billion. We have added an extra $1 billion for border 
infrastructure and security activities as part of the American Recovery 
and Reinvestment Act of 2009.
  Funding for border security in the last 10 years has increased 
substantially, with a 127-percent increase for Customs and Border 
Patrol inspections, a 160-percent increase for border control, and a 
monstrous 1,737-percent increase for construction and technology 
purposes--1,737 percent for construction and technology purposes.
  These investments have fully funded over 20,000 Border Patrol 
agents--an increase of 6,000 agents or more than 50 percent since 2006. 
This increase was at a total cost of over $3.5 billion this year. We 
have doubled the number of Border Patrol agents in a 5-year period, and 
the Border Patrol is better staffed and funded than at any time in its 
85-year history.
  We completed the southwest border fence, with over 645 miles now 
under effective control compared to 241 miles in fiscal year 2005. Over 
the last 3 years, the Democratic-controlled Congress has invested $1.2 
billion to complete the fence--20 percent more than the Republican 
Congress provided for that effort.
  We have financed advanced new border control technologies including 
cameras, radars, sensors, and command and control systems to help the 
Border Patrol continuously monitor the border. Democrats in Congress 
provided $421 million--more than four times what the Republican 
Congress provided--for these tools and required a high standard of 
oversight and accountability to ensure these advanced technologies 
would prove to be robust, reliable, and true force multipliers. We have 
funded three new Predator-B unmanned aerial vehicles for long-duration 
aerial surveillance of the areas between official ports of entry.
  Customs and Border Patrol air and marine division manages the largest 
law enforcement air force in the world with 284 aircraft, including six 
Predator aircraft patrolling the Nation's land and sea borders to stop 
terrorists and drug smugglers before they enter the United States.
  Since 2008, a Democratic-controlled Congress has provided $323 
million--more than five times the amount previously provided by 
Republicans--for the Unique Identity Initiative under the US-VISIT 
Program. Democrats have also doubled funding--from $15 million in 2008 
to $31 million in 2010--for the US-VISIT effort to review biographic, 
travel, and biometric information of foreign visitors to the United 
States.
  The Border Patrol is not the only Federal agency at the border. In 
Arizona alone, there are more than 6,000 Federal law enforcement 
agents--the majority employed by the Border Patrol--representing nearly 
10 agents for every mile of international line between Arizona and 
Sonora, Mexico.
  The legions of Border Patrol agents are supported by thousands of 
Federal agents from a wide spectrum of agencies, including several 
thousand Immigration and Customs Enforcement

[[Page 9379]]

agents; 1,180 DEA agents; 1,212 air and marine officers; 6,235 Alcohol, 
Tobacco, and Firearms agents; 1,419 canine enforcement teams; 280 horse 
patrols; 208 narcotics detection teams; 32 currency detection teams; 
212 narcotics-human smuggling detection teams; and 4 DEA mobile 
enforcement teams.
  The number of Border Patrol agents has increased so rapidly there 
aren't even enough supervisors to effectively train new agents. The GAO 
found that the agency's ratio of agents to supervisors went from the 
normal 5 to 1 to 11 to 1.
  In addition to these border enforcement increases, the democratically 
controlled Congress has increased ICE's budget 37 percent since 2007, 
the last year of a Republican majority in the Congress, and 
restructured the agency's budget to target aliens with dangerous 
criminal convictions and those who pose the greatest threat to America 
and Americans.
  In the last 10 years, funding for immigration, customs, detention, 
and removal has increased by 170 percent. Over the last 16 months, the 
administration's comprehensive plan to secure the southwest border has 
resulted in record seizures of illegal weapons and bulk cash transiting 
from the United States to Mexico, significant seizures of illegal drugs 
heading into the United States, lower violent crime rates in southwest 
border States, and reduced illegal immigration.
  Republicans now say we must pour more money into border security 
before we can address this issue comprehensively--more than everything 
I have already stated--but that has not always been their position. Let 
me read you a quote regarding border enforcement:

       Despite an increase in border patrol agents from 3,600 to 
     10,000, despite quintupling the border patrol budget, despite 
     the employment of new technologies and tactics, all to 
     enforce current immigration laws, illegal immigration 
     drastically increased during the 1990s. While strengthening 
     border security is an essential component of national 
     security, it must also be accompanied by immigration reforms. 
     As long as there are jobs available in this country for 
     people who live in poverty and hopelessness in other 
     countries, these people will risk their lives to cross our 
     borders, no matter how formidable the barriers, and most will 
     be successful.

  I ask you, who made the statement against border security policies 
and in favor of comprehensive immigration reform? It was our colleague 
from Arizona, Senator McCain, on March 30, 2006.
  Here is another quote:

       For those who say let's just enforce our laws, I remind 
     them that some of our laws are unenforceable. My conservative 
     friends are the first ones to point out that the 1986 law is 
     not an effective law. It is unenforceable. And until we 
     change it, we are not going to be able to just enforce the 
     laws.

  That was our colleague from Arizona, John Kyl, in 2007.
  I could go on and on about the comments made in the past. I agree in 
those respects with Senator McCain's and Senator Kyl's past statements 
that we certainly need comprehensive immigration reform to achieve the 
goal of reestablishing the rule of law and fixing our broken 
immigration system.
  Even former Bush administration Secretary of Homeland Security Tom 
Ridge wrote in a 2006 op-ed that gaining ``operational control of the 
borders is impossible, unless our efforts are coupled with a robust 
temporary guest worker program and a means to entice those now working 
illegally out of the shadows into some type of legal status.''
  Now, ``border security first'' has been the strategy used by the 
Congress and the Federal Government for the past 17 years. My 
understanding of the definition of insanity is to keep doing the same 
thing, do more of it, and get the same result. That is a recipe for 
failure.
  Several of my colleagues and I have put forward an immigration 
framework as an invitation to our Republican colleagues to join us in 
something that is critical to the national security of the United 
States, critical to the economy of the United States, and critical so 
that American citizens and legal permanent residents do not face what 
they are facing. I have over 200 cases of U.S. citizens and legal 
permanent residents of the United States--people who obey the law, 
follow the rules and the process, are here legally--who have been 
unlawfully detained in violation of their constitutional rights. In 
some cases, American citizens have been detained for months before 
their citizenship was established.
  Who among us in this Chamber is willing to accept second-class 
citizenship simply because of the happenstance of who they are, what 
they look like, what their accent may be, or the happenstance of where 
they happen to reside? But that has happened to U.S. citizens and legal 
permanent residents. Then we have laws that exacerbate those 
possibilities of expanding. I do not accept that any citizen of the 
United States is a second-class citizen of this country.
  Our national security, our framework, incorporates many of our 
Republican colleagues' ideas. It makes for an even more robust border 
enforcement process, in a way that deals with national security. The 
framework includes increases in Border Patrol and technology.
  At the same time, we can never have national security if we don't 
know who is here to pursue the American dream versus who might be here 
to do it damage. Unless we bring millions of people out of the darkness 
into the light and find out why they are here, what is their purpose, 
and do a criminal background check on them and make them law-abiding 
insofar as they will be able to contribute to the national good, pay 
taxes, go through the background check, and learn English, and after a 
long set of years have an opportunity to adjust their status in this 
country, millions will be in the shadows, and we have no idea if they 
are here to pursue the American dream or to do it harm.
  By having people come forth as the law, as we suggest, becomes 
reality and being able to register in a temporary status, we bring 
people out of the darkness into the light. We create an opportunity to 
do criminal background checks to make sure they have been in other 
respects law-abiding and that they are here to pursue the dreams that 
millions of immigrants who came to this country and contributed to the 
vitality of this Nation have enormously.
  But we will never know who is here to pursue that dream versus who is 
here to do it harm if they stay in the shadows. That is not in the 
interest of the national security of the United States.
  The reaction to the Arizona law illustrates that Latinos, Asians, and 
others do not believe they are second-class citizens in this country. I 
have nothing in my possession that presents that I am a U.S. citizen, 
even though I was born in the great city of New York. I have nothing 
that ultimately says that I am such. I don't carry my birth certificate 
or my passport around with me. In essence, I was born here, but if I 
want to travel to another State that says that simple lawful contact 
with a citizen--well, lawful contact with a citizen is a police officer 
on foot patrol who comes up to a group of citizens; lawful contact with 
a citizen is a patrol car that comes up to a group of day laborers on a 
corner; lawful contact is anywhere a police officer might well be in 
contact with any citizen. Now the idea that, well, this person gives me 
reason to suspect that somehow they are here in an undocumented 
fashion--and that process, even before the Arizona law, has led to U.S. 
citizens and legal permanent residents being unlawfully detained in the 
United States. I guess until it happens to one of us, we don't quite 
feel the same way. But I believe any citizen in this country is not a 
second-class citizen.
  I am also worried when one group of people in our country becomes a 
suspect class--when one group of people is blamed for all the ills of 
the Nation. History teaches us when that happens, it has a very sad 
ending. It has a very sad and dangerous ending. We cannot let that 
happen in the United States of America. It is not who we are as a 
people. It is not who we are as a nation.
  I believe there is much that hopefully will be in common. We believe 
jointly that the national security of the United States is about 
controlling and

[[Page 9380]]

protecting our borders, but how we do it is going to be very important. 
It is about the national economy of this country because, I just have 
to be honest with you, we have to be honest with what elements of our 
economy--even in this challenging economy, elements of our economy that 
are done by immigrant workers.
  If you had breakfast this morning and you had fruit, it was probably 
picked by the bent back of an immigrant worker. If you had chicken for 
dinner last night, it was probably plucked by the cut-up hands of an 
immigrant worker. If you slept in one of the hotels or motels of the 
byways of our cities, it was probably cleaned by the hands of an 
immigrant worker. If you have a loved one who is infirm, probably their 
daily needs are being taken care of by the steady hand and warm heart 
of an immigrant worker.
  I could go on and on. I believe this is also about our national 
economy. For so long as we permit a subclass to be exploited in an 
economy it hurts the wages of all others in an economy, and only 
bringing them out of the darkness and into the light will create a 
better circumstance in which we will not have such exploitation.
  I do this all by way of background that says if the amendments that 
are now going to be proceeded on--the Cornyn amendment and the Kyl 
second degree--pour billions into perpetuating an inadequate strategy 
that would not solve the problem, dumping $1.9 billion in additional 
personnel, technology, and resources along the border, when in fact we 
have a set of circumstances where that has shown itself time and time 
again not to have been the successful strategy.
  It is interesting that some of the State and local grant programs for 
border security have led to a misuse of funds and costly litigation. 
The Arizona Daily Star investigation found that funding for State and 
local grant programs was used to compensate officer time for issuing 
traffic citations, crowd control at parades and soccer games, attending 
a funeral, monitoring gun shows, and responding to calls about loud 
music. That isn't about border enforcement.
  The McCain amendment appropriates $250 million, offset with Recovery 
Act funds. Deployments would be required to start within 72 hours of 
passage and last until the Department of Defense and Department of 
Homeland Security certify they have operational control of the border. 
This amendment would place a significant burden on National Guard 
troops who are already overburdened and interfere with the President's 
authority to deploy troops. We are already using the National Guard in 
unprecedented ways in deployments abroad. The President's authority is 
affected. I know the administration strongly opposes it.
  General Jones, the National Security Adviser; John Brennan, Assistant 
to the President for Homeland Security and Counterterrorism said in an 
attached letter to Senator Levin:

       There is no modern precedent for Congress to direct the 
     President to deploy troops in the manner sought by the 
     amendment. It represents an unwarranted interference with the 
     Commander-in-Chief's responsibilities to direct the 
     employment of our Armed Forces.

  It would also interfere with the administration's comprehensive 
border security plan.
  Mr. DURBIN. Will the Senator yield for a question?
  Mr. MENENDEZ. For all of these reasons, I am in strong opposition to 
these amendments. I certainly urge their defeat. We are going to send 
billions more after billions that have already been sent to accomplish 
the same negative result, and your own words speak to the very essence 
of how we get to a solution, which is to pursue a comprehensive nature 
to this reality.
  If you want to ensure a continuing set of circumstances in which law 
enforcement turns U.S. citizens into second-class citizens, then vote 
for the amendments. But otherwise, you should oppose them.
  I will be happy to yield.
  Mr. DURBIN. I ask through the Chair, both the McCain amendment and 
the Cornyn amendment appear to be paid for out of funds that have 
already been allocated for creating new jobs in America--the stimulus 
funds we have voted for. If they are successful in these amendments, 
they would be reducing the funds that are being used to hire people in 
New Jersey, Illinois, Minnesota, and other places to go to work. Is 
that the way the Senator from New Jersey sees it?
  Mr. MENENDEZ. Yes. The Senator is correct. In addition, some of the 
funding they take is from already mandated programs, programs that are 
critical to citizens and communities and States, and they would, in 
essence, detract from those mandated programs for which there is a 
Federal obligation to move it in this direction, at the same time 
decreasing the job opportunities at a time in which we are trying to 
grow this economy, not contract it.
  Mr. DURBIN. I ask through the Chair, if the Senator will yield 
further, do I understand the statement that was sent by the 
administration, the National Security Adviser, that the McCain 
amendment would circumvent the power of the President to deploy troops 
in the United States in the manner sought by this amendment, an 
unwarranted interference with the Commander in Chief's responsibility 
for the direct deployment of our Armed Forces? And this McCain 
amendment by Senator John McCain--I kind of recall speeches from the 
other side of the aisle about the right of the Commander in Chief, the 
power of the President--this McCain amendment would spend $250 million 
and allocate 6,000 National Guard troops to start within 72 hours, a 
mobilization within 72 hours of troops to the border. Is that the way 
the Senator from New Jersey reads this amendment?
  Mr. MENENDEZ. The Senator from Illinois is correct. As a matter of 
fact, the same letter he read from General Jones, the National Security 
Adviser, and John Brennan, the Assistant to the President for Homeland 
Security and Counterterrorism, said:

       There is no modern precedent for Congress to direct the 
     President to deploy troops in the manner sought by that 
     amendment.

  Mr. DURBIN. If the Senator will further yield for a question, it 
would seem, since two of these three amendments are emanating from the 
State of Arizona, there is a free-for-all in Arizona to think of more 
extreme ways to respond to what they consider to be a political 
situation there, from the passage of the legislation--and I concur with 
the analysis of the Senator from New Jersey of it--and now $2\1/4\ 
billion dollars to be sent down for other--I am sorry, that includes 
the Cornyn amendment, the Senator from Texas. It is $200 million for 
Senator Kyl--let's say $450 million between Senators McCain and Kyl, 
money to be sent into this Arizona situation.
  I wonder if we shouldn't declare a time out in Arizona for at least 
some thoughtful reflection about what works and what doesn't. It seems 
there is no end to ideas that are being propounded down there to 
respond to situations real and imagined. These amendments are clear 
evidence.
  I don't know if the Senator from New Jersey sees it the same way.
  Mr. MENENDEZ. I appreciate the question and view of the Senator from 
Illinois. Yes, that is why I said I respect the previous positions 
Senator McCain had. He understood that you cannot solve this problem by 
throwing more money, more troops at it. At the end of the day, that has 
not achieved all the goals, despite enormous increases. And yet there 
are still challenges.
  In view of the fact the President himself--something I personally 
don't support but nonetheless has gone ahead and made a deployment on 
his own, it seems to me we should see what works before we advance 
billions for efforts and directing troops by an amendment when those 
troops could be needed for a whole host of things.
  I have to be honest with you. If we are going to start directing 
troops, then I wish to see them directed to the gulf so, in fact, we 
can help out with the oilspill not getting into critical wetlands and 
estuaries. I think that is a national emergency.
  Mr. DURBIN. I ask through the Chair one last question. I don't know 
what the situation is with the New Jersey

[[Page 9381]]

Guard, but many of the Illinois Guard have been deployed and redeployed 
in Iraq and Afghanistan at great inconvenience and hardship to their 
families. The McCain amendment calls for deployment within 72 hours. 
People will literally be removed from their families and on the road 
headed down to Arizona within 72 hours under the McCain amendment.
  I ask the Senator if he has dealt with these Guard families and has 
any idea what impact this might have on their lives.
  Mr. MENENDEZ. I appreciate the Senator's question. The fact is, as I 
mentioned earlier in my comments, we have used the National Guard in an 
unprecedented way. They have been called for deployment abroad, both in 
Iraq and Afghanistan, and elsewhere in unprecedented numbers. The 
stress we have created on the force by virtue of these two continuing 
engagements, as well as any other national emergency that might occur, 
is incredibly challenging. It is real challenging to those forces. My 
view is the Senator is right.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Wyoming.
  Mr. BARRASSO. Mr. President, I ask unanimous consent to speak as in 
morning business for up to 10 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCAIN. Mr. President, may I engage in a colloquy with my friend 
from Wyoming for 1 minute?
  Mr. BARRASSO. Yes.
  Mr. McCAIN. I understand the Senator from Illinois was talking about 
Arizona and the border. I wonder if the Senator from Illinois has ever 
been to the Arizona border. He has?
  Mr. DURBIN. Is that a question to me?
  Mr. McCAIN. Yes.
  Mr. DURBIN. I don't know if it is proper. But, yes, I have been to 
Nogales and both sides of the border.
  Mr. McCAIN. It is pronounced Nogales.
  Mr. DURBIN. Yes, I have been there, on both sides of the border. You 
are always welcome to come to Illinois, too.
  Mr. McCAIN. And I have been there many times. It is obvious the 
Senator from Illinois, even though he has been there, has no conception 
of what the people who live in southern Arizona are suffering under 
with hundreds of thousands of illegal immigrants and human smugglers 
and drug smuggling going through our State.
  I am glad he is such an expert--he and the Senator from New Jersey--
on the issue of the terrible problems that afflict our State and our 
need to try to get our borders secure, which every citizen has the 
right to expect.
  I thank my colleague for yielding.


                        Tribute to Shawn Whitman

  Mr. BARRASSO. Mr. President, it is with great pride as well as regret 
that I rise today in the Senate to recognize a great son of the State 
of Wyoming. He is my chief of staff, Shawn Whitman. He joins me today 
on the Senate floor. Shawn is leaving the Senate this month after a 
consummate career working for our State and for our country.
  Many in the Senate know Shawn. To know him is to like him. He was the 
chief of staff for our late Senator Craig Thomas. For nearly 3 years, 
he has continued in that role serving me. In all of that time, he has 
demonstrated what it means to be a loyal and trusted adviser, a 
superior manager, and a terrific friend.
  I know that all in the Senate will want to join me in wishing Shawn 
well and to thank his wife Kristen and his two daughters, Lauren and 
Katherine, for sharing their dad with us. All of us are sorry to see 
him go, and we will miss him.
  Shawn has actually served three different Wyoming Senators. He began 
in 1994 right after he graduated from the University of Wyoming. He 
came to work as an intern for Senator Al Simpson. Later he joined 
Senator Thomas's staff and filled just about every role, every position 
that a congressional office can have. He was actually a receptionist. 
He was a press intern. He was a staff assistant. He was legislative 
correspondent, legislative assistant, senior legislative assistant, 
legislative director, and finally chief of staff.
  It is the example of Shawn's career path that defines the character 
of who he is. He completed every task, whatever was asked of him, 
equally well. He brought enthusiasm, smarts, and good humor to every 
job from the front desk to the corner office.
  It is his willingness to do whatever is needed and to take on any 
task. That is what makes him so valuable and such a great friend.
  Shawn was truly tested. In June of 2007, Wyoming lost a great friend 
when we lost Senator Craig Thomas. As some of my colleagues know, after 
Senator Thomas's passing, Shawn led the staff alone. He kept them 
together in serving the people of Wyoming, even while the Senate seat 
remained empty.
  In the face of this extraordinary challenge, at a time of great 
sorrow for our State, Shawn continued to lead. Despite his own sorrow 
and his own grieving, he led others. Shawn showed grace and confidence 
through it all.
  Perhaps it was his early years working the family ranch outside 
Laramie, WY, that made him so tough. It is his sense of duty, once 
again doing the job that needed to be done and completing the task, any 
task that was required.
  It was my good fortune to inherit Shawn Whitman. We hardly knew each 
other when I was sworn into the Senate. It did not take me long to 
understand his value and to appreciate--fully appreciate--his 
indispensable leadership.
  President Eisenhower once talked about the many jobs he had 
throughout his private career, his military career, and finally as 
President. He said his goal was, whenever he was leaving a job, the 
people there were sorry to see him go. Shawn Whitman personifies that. 
Everyone in our office--everyone--is sorry to see him go. All who have 
had the pleasure and the privilege to know Shawn Whitman in the Senate 
will miss him as he starts a new chapter in his life.
  Shawn leaves the Senate with a wonderful reputation--a reputation for 
integrity and a reputation for leadership, and not just for Wyoming but 
for the entire Senate, as Shawn led not just my office, but he also led 
the organization of the Senate chiefs of staff. He was the chief of all 
the chiefs.
  Shawn has been a trusted adviser, manager, a confidante, and a friend 
to me and to my wife Bobbi. His service has been invaluable.
  While I am losing a very important member of my staff, I know I will 
not be losing his friendship, his advice, and his counsel for the 
future.
  It is here today on the Senate floor that I say: Thank you, Shawn. 
Thank you for your service to the Senate, to the country and, most 
importantly, to the people of Wyoming. I wish you well in all you do.
  Mr. President, I yield the floor.
  Mr. INOUYE. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. LeMIEUX. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Whitehouse). Without objection, it is so 
ordered.
  Mr. LeMIEUX. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Gulf Oilspill

  Mr. LeMIEUX. Mr. President, I come to the floor today to talk about 
an issue that is of great concern to my State of Florida, as well as to 
all the Gulf States--in fact, to the entire United States of America--
and that is this ongoing spill disaster in the Gulf of Mexico.
  It has been a month since the time this spill started, and the oil 
continues to flow out of the bottom of the Gulf of Mexico at a rate 
that has not yet been determined but appears to be thousands of gallons 
a day. We see those pictures on television now of the flow, and despite 
the efforts to siphon off some of that oil, more and more enters the 
Gulf of Mexico. It does so despite attempts by British Petroleum and 
others in the unified command to stop this flow of oil.

[[Page 9382]]

  We are now on the fourth or fifth possible solution to cap the well. 
In fact, they are going to try to cap the well tonight. I believe, as 
we get on to each of these solutions, they are less and less likely to 
succeed. So as ADM Thad Allen, who is the incident commander, the 
admiral in charge of the Coast Guard, told us at his briefing just 2 
days ago, we are unlikely to see this oil stop spilling into the gulf 
until the relief wells are drilled, and fully drilled, which could be 
as late as August. It could be later. What does that mean? That means 
this oilspill, which is now stretching over miles and miles in the 
gulf, is only going to get bigger. What we see on the surface may not 
be the extent of the spill. The plume of oil underneath may be far 
worse.
  In the wake of this tragedy, I sent a letter to British Petroleum's 
CEO, Tony Hayward, and I requested that BP set aside $1 billion so that 
the five Gulf States would have that money available today to help stop 
the oil from reaching our shores and to mitigate the damage once it 
did. The response I received in a letter yesterday, although it wasn't 
this emphatic, was no.
  They have given some money to the Gulf States. My home State of 
Florida has received about $50 million, which is appreciated, but it is 
not going to be near enough if and when this oil comes ashore in 
Florida. Where will the oil come ashore? Will it be in the panhandle or 
western Florida? Will it be in Tampa Bay? Naples? Will it get into the 
Loop Current and go into the Florida Keys, the Florida Bay, Ten 
Thousand Islands, and run up the eastern side of the United States, up 
past Miami, Fort Lauderdale, or Palm Beach? We just don't know. But if 
and when this oil does come ashore in Florida, it will be a disaster. 
Right now, it is not there, as far as we know. Right now, those beaches 
are still pristine. Right now, we continue to welcome people to Florida 
to come and visit, to come and fish and do all the things they would 
normally do on vacation. Florida is open for business. But we cannot 
sit around and wait for the oil to come.
  I am very concerned not only about the failure of British Petroleum 
to stop this oil from leaking, but I am concerned at the efforts that 
have been taken by this administration. I don't mean to say this in a 
partisan way because it could have been another administration that was 
on watch when this happened, and certainly the problems we have go back 
beyond the time of this administration. But I think it is fair to say, 
having looked at this now for a month's time, that where we are today 
is not acceptable. It is not acceptable that oil is washing up on the 
shore, on the beaches of Louisiana and into their marshes. That is not 
acceptable. That is a failure--a failure of the administration, a 
failure of our government, a failure of British Petroleum. And I don't 
want to be there when the oil washes up on the shore in Mississippi, 
Alabama, in Florida, or Texas, for that matter.
  The question I have is, What is the plan? What is the plan of our 
government, since British Petroleum can't solve this problem on its 
own? What is the plan to stop the oil from coming ashore? What are we 
doing now besides relying upon British Petroleum to drill these relief 
wells?
  There have been proposals that have come to the floor offered by my 
colleague from New Jersey and my colleague from Florida and others on 
the Democratic side to set up $10 billion--to raise the cap on 
compensation claims from the current law, which only allows for $75 
million. Senators Vitter, myself, Murkowski, and others have a similar 
but different bill that would have an expedited compensation process 
which would not go to a $10 billion cap but, instead, look to the 
profits of the company, which in this case would move the cap up to 
about $20 billion.
  A lot of times partisanship rules the day in the Senate. This should 
not be one of them. Our differences are not so great that we should not 
be able to bridge them and come to a resolution.
  Senator Menendez has offered his amendment and asked unanimous 
consent that it be brought up. It has been objected to, and I 
understand the reasons why. Senator Vitter has offered up his and my 
proposal. It has been objected to by Democrats.
  We should be able to get past this and figure out a solution. We 
believe our proposal is better. We believe it is better because if you 
set it at $10 billion, you are only going to allow two or three oil 
companies in the world to exist. You will potentially put all the rest 
out of business. Under our proposal, more than $10 billion will be 
recovered from BP for this incident and still let other companies 
participate. Plus, by having the claims process go forward now, we 
could get relief to people who need it.
  I think it is a better proposal. But that is a question worthy of 
debate, and we should be able to come to consensus on that and not have 
a partisan play on it.
  I want to talk a minute about the Minerals Management Service. These 
are the folks within the Department of the Interior who are charged 
with overseeing drilling. By anybody's account, what they have done is 
a failure. We see the administration is now breaking them up into two 
separate units under the Department of the Interior. That may be fine 
going forward, but let's look back.
  A report recently released by the inspector general of the Department 
of the Interior suggests a culture of corruption littered with several 
shocking conflicts of interest and professional malfeasance at the 
Minerals Management Service.
  Among the findings, the report suggests the employees regularly 
accepted gifts from those they were charged to oversee; that there was 
a revolving door of employment in which regulators took jobs in the oil 
industry over which they had previously held regulatory authority; and 
it even suggests the oil industry officials were allowed to fill out 
safety oversight forms in pencil only to have the MMS employees trace 
over them in pen. This is not acceptable, to say the least. There is an 
apparent and obvious lack of oversight.
  It would seem that the response to the spill itself certainly should 
have been more effective. I want to point this Chamber to an April 29, 
2010, story by the Mobile Press-Register where it says that Federal 
officials, including former NOAA oil response coordinators, had a 1994 
plan to respond to oilspills in the Gulf of Mexico, such as the one we 
are experiencing today. The former NOAA oilspill response coordinator, 
Ron Gouget, has said a plan was in place to immediately begin--in situ, 
which is a fancy word for in place or on location--oil burning. Yet it 
took more than 1 week for officials to conduct a test burn.
  Why is that important? If there were a plan that was in place to burn 
the oil as soon as it came out of the wellhead, we might have been able 
to stop this vast plume and expansion of oil over the Gulf of Mexico. 
We might have been able to stop the oil from washing ashore in 
Louisiana and potentially washing ashore in Texas, Mississippi, and 
Florida.
  Why do you have to burn early? You have to burn early, as was 
explained to me by the Coast Guard when, about 2 weeks ago, I flew over 
the wellhead and saw the oil and the tar floating on the top of the 
Gulf of Mexico, you have to burn early because if the oil mixes with 
the water it loses its ability to be flammable. So the plan, if this 
report from the Mobile Register is right, was correct that you have to 
burn immediately in order to have the largest effect.
  The plan called for multiple fire booms. This is the booming, the 
material that you see that, hopefully, keeps the oil from spilling onto 
our shores. There is also something called fire booming or fire booms, 
which is what you put around the area you are burning in order to 
contain the fire. The plan called for multiple fire booms to be 
available and deployed to deal with a spill of this magnitude. But 
Federal officials instead had no booms on hand and had to go out and 
locate fire booms in the private sector, purchase it, and then 
transport it to the gulf region.
  Mr. Gouget, who is the former oil response coordinator, believes that 
95

[[Page 9383]]

percent of the oil could have been captured through the timely executed 
burning.
  I know there were weather conditions, but if that problem had been 
jumped on right away perhaps we would not see oil in the marshes of 
Louisiana. Perhaps we would not see oil on the beaches of Louisiana. 
Perhaps we would not see what may eventually come, which is oil on the 
beaches of other States in the gulf, including Florida.
  Being from Florida, I have had the opportunity to be around some very 
good leaders in times of emergencies--Governor Jeb Bush, Governor 
Charlie Crist, people I worked with when we had hurricanes and 
tornadoes and other natural disasters. We know something about this in 
Florida. The lesson of these disasters is this: You have to respond to 
them immediately with overwhelming resources. You may over-respond, as 
hindsight will show you, because the disaster may not turn out to be 
much of a disaster. But that is a cost worth incurring.
  What you should not do is fail to respond quickly and let the 
disaster get out of control. Small problems become big problems. That 
certainly seems to be the case here. We are going to learn more over 
time about what happened with MMS and the Department of the Interior 
and what happened with British Petroleum and Transocean. But right now 
it seems pretty apparent this Federal Government and British Petroleum 
were not properly prepared because there is an outcome we have to 
evaluate. If the oil is washing ashore, we have failed. The government 
has failed and BP has failed.
  Frankly, I am concerned that we are not reacting to this disaster in 
a way that we should. We are not giving it the proper response it 
deserves.
  I have heard this disaster called a slow-moving Katrina, and I think 
that is right. But just because it moves slowly doesn't mean the 
Federal Government should. Everything must be done now. I know there 
are good people working on this. I have tremendous respect for Admiral 
Allen of the Coast Guard. The Coast Guard does exceptional work. But 
this is a results-oriented issue. If the oil is washing ashore, then 
the Federal Government and BP have failed. Before the oil washes ashore 
in Texas or Mississippi or Alabama or Florida, everything should be 
done that can be done to stop it. I don't have the feeling that is what 
is being done.
  I will continue to come to the Senate floor to talk about this issue 
as time goes on. I am urging the President of the United States to give 
this the focus and attention it deserves. There is no more important 
problem facing us in the short term than this oilspill.
  My home State of Florida right now is suffering through the worst 
recession we have had in anybody's memory. Unemployment is 12 percent. 
We are either No. 1 or No. 2 in terms of the most mortgage foreclosures 
in the country. Our business has come to a grinding halt. While there 
are signs of optimism, while we see things getting better in some 
sectors, and we have to remain hopeful--and Florida, we know, will 
succeed--this is a very difficult time.
  If this oil comes ashore--and, thank God, it has not so far--but if 
and when it does, it is not only going to have a disastrous impact on 
our environment and potentially impact 1,000 miles of coastline in 
Florida, but it is going to impact our economy. Florida welcomes more 
than 80 million tourists a year. They come to Florida for a lot of 
reasons, but one of the reasons they come is for our beautiful beaches, 
some of the most beautiful beaches in the world, especially in the 
Florida Panhandle. If that oil comes ashore, it is going to be 
devastating to our economy.
  That is not good for Florida. It is not good for America. This crisis 
demands a sense of urgency that it has not received, in my humble 
opinion, up until now. I call upon this administration to put forth 
every effort and to tell us what the plan is to stop this oil from 
coming ashore in States such as Florida.
  I yield the floor.
  Mr. LEAHY. Mr. President, H.R. 4899, the fiscal year 2010 
supplemental appropriations bill, provides the funds requested by the 
President for emergency assistance for Haiti related to the January 12 
earthquake. In fact it provides approximately $25 million more than the 
request.
  Although the bulk of those funds are to address the immediate needs 
of shelter, health care, agriculture and food security, and governance, 
several Senators, particularly Senator Landrieu and Senator Gillibrand, 
have rightly pointed out that half of Haiti's children are not in 
school and the country suffers from an extremely high rate of 
illiteracy and a tiny fraction of the trained professionals it needs. 
There is a dire need for school construction and equipment, teacher 
training, and other education assistance for Haiti's children as well 
as high school, vocational, college and graduate students. Haiti's 
future depends on an educated workforce, and the earthquake has focused 
attention on this need as the country struggles to recover from this 
latest catastrophe.
  For this reason, the bill includes up to $10 million for education 
programs which the Appropriations Committee included even though it was 
not in the President's request. This is admittedly only a small amount 
to begin to address Haiti's education needs. Fortunately other donors, 
including the Inter-American Development Bank and Canada, are expected 
to provide significantly more funds.
  Haiti will require international assistance for years to come. I hope 
that in future budget requests the administration will include 
substantially more resources to combat illiteracy and train Haiti's 
future workforce, because over the long term it would be hard to think 
of a better investment in that country.
  Mrs. GILLIBRAND. Mr. President, I wish today to speak about my grave 
concern for the children of Haiti. Last month, Senator Landrieu and I 
traveled to Haiti, where we met with President Preval and First Lady 
Elisabeth Delatour Preval. We heard firsthand from the President and 
First Lady that if they are ever going to rebuild their nation, their 
children need better access to publicly funded quality education.
  As everyone knows, Haiti faced incredible challenges even before the 
devastating earthquake. As a result, children who were already facing 
almost insurmountable odds are now all the more desperate.
  I believe we have a duty to answer the call of Haiti's children 
today, deliver the relief they need, and help put them on a path toward 
the quality education they deserve.
  Even before the earthquake, only half of Haiti's children attended 
school at all. The country has almost no public school system. In fact, 
nearly 90 percent of the schools in Haiti's education system were 
funded and run by nonpublic operators.
  No other country in the world faces the kinds of challenges faced 
today by Haiti's education system:
  An overwhelming majority of Haiti's school-age children live in the 
country's rural areas, but less than a quarter of children in rural 
Haiti are actually enrolled in school.
  The poorest of Haiti's poor are the hardest hit. Just over a third of 
Haiti's poorest 20 percent were enrolled in primary schools, compared 
to 80 percent of the country's wealthiest.
  Of those enrolled, many graduate late or never at all because they 
can't afford school fees, uniforms, or books or because of late 
enrollment or poor quality education.
  Around 80 percent of children were still enrolled in primary school 
at the age of 13, beyond the age they should have started secondary 
school.
  Of the schools that were standing, the earthquakes caused an 
astounding $\1/2\ billion worth of damage.
  We know that good opportunities in education lead to a strong 
national economy. But these alarming statistics show just how bleak the 
state of education is in Haiti.
  If Haiti is ever going to rebuild and if these children are ever 
going to have a chance at success, Haiti needs a strong public school 
system to help lead the

[[Page 9384]]

way. A strong public school system can be the foundation of each 
community, providing a broad range of resources for children and 
families--from health clinics and immunizations, to literacy education, 
job training, and nutrition.
  It has been truly humbling and inspiring to watch the outpouring of 
support from America and across the globe coming to Haiti's relief. I 
support President Obama's request for the emergency supplemental this 
year to fund relief and redevelopment in Haiti. I applaud Chairman 
Leahy and my dear friend Senator Landrieu's work to include funding for 
Haiti's education in this bill. These have all been lifesaving first 
steps. But we can't stop now. It is time now to direct our efforts to 
Haiti's education system.
  The Inter-American Development Bank, together with the Government of 
Haiti, has estimated that it would take $2 billion over 5 years to set 
up Haiti's education sector.
  I strongly encourage President Obama and Secretary Clinton to make a 
high-quality public school system a top priority in our relief efforts 
for Haiti--and begin building schools that can save lives, create real 
opportunities for the children of Haiti to succeed, and lay the 
foundation for a Haiti rebuilt.


                           Vetting Procedures

  Mr. LEAHY. Mr. President, I note that on page 16 of the supplemental 
appropriations bill, H.R. 4899, under the heading ``Afghanistan 
Security Forces Fund'' and on page 17 under the heading ``Iraq Security 
Forces Fund,'' which appropriate funds for training, equipment, and 
other assistance for these foreign security forces, there is language 
that makes these funds available ``notwithstanding any other provision 
of law.'' I would ask my friend, the chairman of the Appropriations 
Committee and of the Defense Appropriations Subcommittee, whether I am 
correct that this ``notwithstanding'' language is not intended to apply 
to the ``Leahy'' vetting procedures which are designed to ensure that 
foreign security forces that receive U.S. assistance have not been 
credibly alleged to have committed violations of human rights.
  Mr. INOUYE. I would say to my friend from Vermont that is correct, we 
intend those vetting procedures to apply to these funds.
  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. REID. I ask unanimous consent that the order for the quorum call 
be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, first, there will be no more votes today if 
we get this agreement worked out. I appreciate everyone's patience. We 
have worked long and hard to arrive at this point. It is never easy, as 
we have explained on a number of occasions, but we are fortunate with 
this bill to have two veterans of the Senate, two of the best Senators 
who would possibly work a bill. We are fortunate that Senator Inouye 
and Senator Cochran are managing this bill. They are both gentlemen, 
and they have the best interests of the country at heart in everything 
we do here.
  I ask unanimous consent that on Thursday, May 27, after any leader 
time, the Senate resume consideration of H.R. 4899 and resume 
consideration of the following amendments in the order listed: McCain 
No. 4214; Kyl No. 4288, second degree, as modified; Cornyn No. 4202, as 
modified and amended, if amended; and that the Cornyn amendment be 
further modified with the changes at the desk; that there be a total of 
20 minutes for debate, with the time divided 5 minutes each for 
Senators McCain, Kyl, Cornyn, and Schumer or their designees, with 
respect to the border security-related amendments; that after the first 
vote in the sequence, the succeeding votes be limited to 10 minutes 
each; that after the first vote, there be 2 minutes equally divided in 
the usual form prior to the succeeding votes; that no amendment be in 
order to the amendments covered in this agreement other than as 
identified in this agreement; that if a budget point of order is raised 
against the border security amendments, then a motion to waive a budget 
point of order be considered made and the Senate then proceed to vote 
on the motion to waive the applicable budget point of order; that if 
the waivers are successful, then the amendments be agreed to and the 
motion to reconsider be laid on the table; that if the waivers fail, 
then the amendments be withdrawn; that upon disposition of the above-
referenced amendments, the Senate then consider the Feingold amendment 
No. 4204 and the Coburn amendments Nos. 4231, as modified, and 4232, 
and that they be debated concurrently for a total of 15 minutes prior 
to a vote in relation thereto, with 5 minutes each under the control of 
Senators Feingold, Coburn, and Inouye or their designees; that no 
amendments be in order to these amendments prior to the votes; that 
upon the use or yielding back of time, the Senate then proceed to vote 
in relation to the amendments in the order listed; provided further 
that the pending committee-reported substitute amendment not be subject 
to any rule XVI point of order; and that upon disposition of these 
amendments, the Senate then proceed to vote on the motion to invoke 
cloture on the committee-reported substitute amendment.
  The PRESIDING OFFICER. Is there objection?
  Mr. WYDEN. Reserving the right to object, I would like to ask the 
leader if he would be willing to modify his request this evening to 
include the bipartisan amendment No. 4183 that would once and for all 
eliminate secret holds here in the Senate.
  Senator Grassley and I, as part of a large, bipartisan group, have 
come to the floor of the Senate again and again simply seeking to 
abolish secrecy, not holds, in the way business is done in the Senate. 
These secret holds are an indefensible violation of the public's right 
to know.
  I ask the leader at this time if he would be willing to modify his 
request to include this bipartisan amendment No. 4183 to finally 
eliminate secret holds in the Senate?
  Mr. REID. I appreciate the exemplary work of my friend from Oregon. 
I, of course, would accept the modification, but my accepting the 
modification would take the concurrence of the Republicans.
  Mr. COCHRAN. Reserving the right to object, I am constrained to 
advise the leader and the Senator from Oregon that on behalf of the 
Senator from South Carolina, Mr. DeMint, I would be forced to object to 
that.
  Mr. WYDEN. Further reserving the right to object, I would inquire at 
this point of the majority leader--and I appreciate the graciousness of 
the leader and Senator Cochran as well--if he would agree to a consent 
agreement this evening that would provide for the consideration of a 
bipartisan resolution eliminating secret holds at a later point but 
prior to the July 4 recess and that that debate be limited to 2 hours, 
with no amendments in order to the resolution, and that upon the use or 
yielding back of the time, the Senate would then proceed to vote 
adoption of the resolution?
  Mr. REID. I say to my friend, he knows how much I support his 
efforts. But I haven't had the opportunity to speak to Senator 
McConnell. It wouldn't be appropriate for me to agree to something 
without consulting with him. I can't consult with him now. I will do 
everything within my abilities here to work this out so that prior to 
the end of our next work period, we will get this done.
  Mr. WYDEN. Further reserving the right to object--and I will be 
brief--I thank the leader, the distinguished Senator from Nevada. His 
desire to finally end secret holds is clear. All Americans should 
understand that the Senator from Nevada has worked very closely with 
Senator Grassley and me on this. I appreciate the Senator's statement 
tonight that he will try to get an up-or-down vote on this matter 
before the end of the next work period.
  With that, I withdraw my reservation.
  The PRESIDING OFFICER (Mr. Begich). Is there objection?
  The Senator from Oregon.
  Mr. MERKLEY. Mr. President, reserving the right to object, can I ask

[[Page 9385]]

for a clarification if this would prevent a pathway through which my 
amendment No. 4251 might be considered?
  Mr. REID. It would prevent a pathway, yes.
  Mr. MERKLEY. Reserving the right to object, this is an amendment that 
addresses the terrible drought we have in southern Oregon. Of course, 
we are addressing many natural disasters, and we have a natural 
disaster, a federally declared natural disaster in Oregon, in which we 
have been seeking to have a conversation about spending $10 million on 
the front end of what is a terrible situation: the worst drought in 
recorded history of the Klamath Basin, with 1,400 farming families and 
200,000 acres affected.
  I was seeking the opportunity to have a discussion and a vote on this 
which, in consultation with the committee, the esteemed Chair and his 
team had suggested a pathway. It would mean a tremendous amount to the 
families in trouble to have their disaster considered while we are 
addressing other national disasters. This is the moment. This is the 
moment when we can still have an impact, through land idling and the 
pumping of water, to save families' financial foundations and, for a 
few families, through the pumping of water, to save their farming 
season.
  If my colleagues on both sides of the aisle would be amenable, I 
would certainly ask this request be amended to allow a debate and a 
vote on amendment No. 4251.
  Mr. REID. Mr. President, I appreciate the good will of my friend from 
Oregon. I would be happy to work with my friend. But at this stage, as 
the Senator understands, this is two pieces of legislation we got from 
the President--one dealing with emergencies. FEMA is out of money, 
totally out of money. This will replenish the money. And there will be 
opportunities for FEMA, when we do this, to have the ability to do some 
things such as helping the State of Oregon and other problems.
  As we all know, there is going to have to be some work done with the 
gulf. So I will be happy to work with my friend in any way I can, but I 
think at this stage this bill has been through a lot already. Not only 
do we have the emergencies dealing with the normal emergencies that 
come about as a result of floods, fires, and all this, we also have the 
troops who have to be taken care of. We must get this done. We are 
running out of money there.
  If the Senator wishes to modify the amendment, I, of course, have no 
objection there. I will work with the Senator to try to find some 
pathway to do this. A modification is fine. But I want to make sure the 
Senator understands that at this stage we will have to try to figure 
out something separate and apart from this consent request.
  Mr. MERKLEY. Reserving the right to object--I thank the leader--it is 
very hard for me to go and explain to folks in Oregon we have 
calamities in other parts of the country being addressed and this one 
is not. I would greatly appreciate the unanimous consent to modify my 
amendment. I do understand from what the Senator has said there is 
probably not a pathway to have it considered. But I would appreciate 
the Senator's support and my colleagues' support from Mississippi to 
try to--there should be no party line when it comes to addressing a 
federally declared disaster.
  Mr. REID. I would say to my friend, most of the things that are 
listed here emergencywise--they are not coming to Democratic States. We 
have had these acts of God in most instances that happen where they 
happen. We have two Senators from Tennessee, and this has nothing to do 
with partisanship. But I am committed to help my friend from Oregon. We 
have other problems similar to that in Oregon, and I would be happy to 
work with the distinguished Senator from Oregon, who is always very 
reasonable. I will do what I can to work with the Senator and Senator 
Wyden to make sure we take care of Oregon.
  Mr. MERKLEY. I very much, thank the leader.
  The PRESIDING OFFICER. Is there objection to the original request of 
the majority leader?
  Without objection, it is so ordered.
  The amendment, as further modified, is as follows:

       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 to establish a border grant program that provides 
     financial assistance--
       (1) to State and local law enforcement agencies or entities 
     operating within 100 miles of the Southwest border; and
       (2) for additional detectives, criminal investigators, law 
     enforcement personnel, equipment, salaries, and technology in 
     counties in the Southwest border region.
       (j) Emergency Designation.--Each amount in this section is 
     designated as an emergency requirement and necessary to meet 
     emergency needs pursuant to sections 403(a) and 403(b) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.
       (k) Offsetting Rescission.--On the date of the enactment of 
     this Act, the unobligated balance of each amount appropriated 
     or made available under division A of the American Recovery 
     and Reinvestment Act of 2009 (Public Law 111-5), other than 
     under titles III, VI, and X of such division, is hereby 
     rescinded pro rata such that the aggregate amount of such 
     rescissions equals $2,250,000,000.

  The PRESIDING OFFICER. The Senator from Oregon.

[[Page 9386]]


  Mr. MERKLEY. Mr. President, I ask unanimous consent to modify my 
amendment, amendment No. 4251.
  The PRESIDING OFFICER. Is there objection to modifying the submitted 
amendment?
  Without objection, the amendment is modified.


                    amendment no. 4251, as modified

  Mr. MERKLEY. Mr. President, I ask unanimous consent that my as 
modified amendment No. 4251 be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment, as modified, is as follows:

       On page 27, line 7, strike ``$173,000,000'' and insert 
     ``$163,000,000''.
       On page 28, between lines 3 and 4, insert the following:

     SEC. 4__. EMERGENCY DROUGHT RELIEF.

       For an additional amount for ``Water and Related 
     Resources'', $9,000,000, for drought emergency assistance: 
     Provided, That financial assistance may be provided under the 
     Reclamation States Emergency Drought Relief Act of 1991 (43 
     U.S.C. 2201 et seq.) and any other applicable Federal law 
     (including regulations) for the optimization and conservation 
     of project water supplies to assist drought-plagued areas of 
     the West:

  Mr. MERKLEY. I thank the Chair.
  Mr. REID. 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.
  Mr. ENZI. 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. ENZI. Mr. President, I ask unanimous consent that I be allowed to 
speak for 10 minutes as in morning business. I will be speaking on the 
supplemental bill, however.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ENZI. Mr. President, I rise to express my opposition to the 
fiscal year 2010 Supplemental Appropriations Act. It represents what is 
reprehensible about the conduct of the Federal Government: unchecked, 
unpaid for, deficit spending. After a trillion dollar ``stimulus,'' a 
trillion dollar health care bill, and huge increases in the budgets of 
the bureaucracy, Americans are fed up with Congress's out-of-control 
spending. Our constituents have had enough, and they have asked us to 
rein in spending. Unfortunately, rather than listen to their cries, we 
have another appropriations bill that represents the same old, same 
old.
  Of the nearly $59 billion of spending in this bill, all but $103 
million is designated ``emergency'' spending. What does ``emergency'' 
spending actually mean, and what are these emergencies the Nation is 
facing?
  Emergency spending means deficit spending. It means we are spending 
money that we as a nation do not have. An emergency designation 
relieves Congress of the burden and the responsibility of coming up 
with ways to pay for the spending. We are continuing to make purchases 
on the taxpayer's credit card, knowing full well we have no plans to 
pay back the loan. We have already maxed out the credit card. The 
company just has not found out yet.
  Some programs under this bill may be considered true emergencies. 
There are unforeseen disasters, such as flooding and oilspills. But 
there are also disasters that occurred years ago that would receive 
funding under this legislation. Funding may be needed for those 
programs, but the lack of funding was certainly not unexpected and 
should have been in last year's and this year's regular budget and 
appropriations process. But appropriations and budgeting have been so 
disfigured, contorted, abused, and ignored by lawmakers in recent years 
that the system is broken, and you have a series of omnibus and 
``emergency'' or supplemental bills. It is not the way to do it.
  Even in the writeup of this legislation, the Senate Appropriations 
Committee noted that the $5.1 billion for the FEMA Disaster Relief Fund 
is necessary to pay for known costs for past disasters, such as 
Hurricanes Katrina, Rita, Ike, and Gustav, the Midwest floods of 2008, 
and the California wildfires, as well as needs that emerge with new 
disasters.
  The bill also provides $13.4 billion in mandatory funding for the 
Department of Veterans Affairs for disability compensation to Vietnam 
veterans to implement a recent decision by the VA to expand the number 
of illnesses presumed to be related to exposure to Agent Orange. There 
is no doubt Vietnam veterans exposed to Agent Orange should be properly 
compensated, but Congress and the administration must find a way to pay 
for these programs without spending money we do not have and do not 
intend to pay back. There is no plan to pay back.
  I want to make very clear my strong support for our Nation's veterans 
and the current members of our Armed Forces and the vital work they are 
doing in the world every day. I have the greatest admiration for 
today's service members and veterans for their commitment to preserving 
our freedoms and maintaining our national security. I must question, 
however, using their sacrifices to justify irresponsible spending by 
this Congress.
  Congress must pass this bill to keep the necessary resources going to 
our military. America has deployed our young men and women to defend 
our Nation's interests, and they deserve no less than having the 
funding and equipment necessary to carry out their missions. But some 
in Congress do not see this as just about the military. They see it as 
an opportunity to add their pet programs to the shoulders of our Armed 
Forces. No one wants to leave our military operations unfunded, so our 
military needs are being used to leverage support for nonemergency, 
deficit spending.
  To be fair, the Appropriations Committee found some offsets for the 
spending in this bill. Unfortunately, the offsets only account for .17 
percent of the total cost of the bill--not even a quarter of a percent 
of the cost of the bill: .17 percent of the bill. You would think we 
could at least hit the 1-percent mark. Mr. President, .17 percent is 
all that is offset in this bill. That is wrong.
  Senator Coburn and Senator McCain have offered amendments that would 
offset or pay for the larger costs of this legislation. Tomorrow 
morning we will get to vote on those, and I hope we will take them into 
consideration and make sure this is paid for. I hope all my colleagues 
will take a look at those amendments.
  The funding cut proposals are reasonable. They are well thought out. 
They are ideas that will help us responsibly address the serious 
spending problems this Congress has. It is time for Congress to step up 
and start making the hard decisions of prioritizing Federal spending.
  The American people have made it clear that Congress needs to be 
fiscally responsible. They have made it clear they do not support our 
spending billions of taxpayer dollars with little or no debate. We have 
been asking Americans to tighten their spending belts and take 
responsibility for their personal debt. It is about time the 
representatives of the people do the same.
  In April 2009, when making an emergency supplemental appropriations 
request, President Obama said:

       We should not label military costs as emergency funds so as 
     to avoid our responsibility to abide by the spending 
     limitations set forth by the Congress. After years of budget 
     gimmicks and wasteful spending, it is time to end the era of 
     irresponsibility in Washington.

  End of quote by the President.
  I could not agree more. Congress and the administration need to find 
a better way to fund current military operations. Most of these funds 
are expected and should be addressed in the regular budget process.
  Again, I want to provide our troops with the funding and the 
resources they need to be successful as they work to protect America. I 
do not, however, want the brave men and women of the Armed Forces nor 
the families of America who have been truly impacted by unforeseen 
disasters to be used as justification for unchecked and, in some cases, 
unrelated spending.
  The men and women of our armed services deserve better than this 
spending bill. The people of the United States deserve better.

[[Page 9387]]

  I yield the floor.
  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. DURBIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________