112 th CONGRESS, FIRST SESSION
of America PROCEEDINGS AND DEBATES OF THE
Vol. 157 WASHINGTON, MONDAY, MARCH 7, 2011 No. 33
House of Representatives
The House was not in session today. Its next meeting will be held on Tuesday, March 8, 2011, at 2 p.m.
MONDAY, MARCH 7, 2011
The Senate met at 2 p.m. and was U.S. SENATE, Illinois, to a U.S. District Judge for the
called to order by the Honorable RICH- PRESIDENT PRO TEMPORE, Central District of Illinois; and the mo-
ARD BLUMENTHAL, a Senator from the Washington, DC, March 7, 2011. tion to invoke cloture on S. 23, the
To the Senate:
State of Connecticut. Under the provisions of rule I, paragraph 3,
America Invents Act. The filing dead-
of the Standing Rules of the Senate, I hereby line for second-degree amendments to
PRAYER appoint the Honorable RICHARD S. 23 is 5 p.m. today.
The Chaplain, Dr. Barry C. Black, of- BLUMENTHAL, a Senator from the State of In addition, on Friday, cloture was
fered the following prayer: Connecticut, to perform the duties of the filed on the motion to proceed to H.R.
Let us pray. Chair. 1, the Defense appropriations con-
DANIEL K. INOUYE, tinuing resolution. I hope to reach an
Eternal God, known to us in count-
President pro tempore. agreement to vote on H.R. 1 and the
less ways and times, lead our Senators
in Your way. Lord, keep them aware Mr. BLUMENTHAL thereupon as- Democratic alternative introduced by
that they can depend on Your valida- sumed the chair as Acting President Senator INOUYE on Friday. We are
tion of every just cause and the for- pro tempore. going to vote on this matter sometime
giveness of every sin which they, in f tomorrow, even if it is late tomorrow
godly sorrow, confess to You. As they RECOGNITION OF THE MAJORITY night.
follow You, may their small successes LEADER In addition to completing action on
prompt them to even greater under- the America Invents Act, the Senate
The ACTING PRESIDENT pro tem- will also begin consideration of the
standing for human benefit. Guide
pore. The majority leader is recog- continuing resolution and possibly
them by Your higher wisdom and bring
nized. H.R. 4, the repeal of the 1099 section of
them to a desired destination with
hearts at peace with You. f the bill we passed last year dealing
We pray in Your holy Name. Amen. SCHEDULE with health care.
f Mr. REID. Mr. President, following f
leader remarks, there will be a period
PLEDGE OF ALLEGIANCE PROPOSED BUDGET CUTS
of morning business until 4:30 today.
The Honorable RICHARD BLUMENTHAL Senators will be allowed to speak for Mr. REID. Mr. President, budgets and
led the Pledge of Allegiance as follows: up to 10 minutes each. votes have something very important
I pledge allegiance to the Flag of the At 4:30 the Senate will proceed to ex- in common: At their heart, both re-
United States of America and to the Repub- ecutive session with an hour for debate quire and reflect tough choices.
lic for which it stands, one nation under God, equally divided and controlled in the Tomorrow we hope the Senate will
indivisible, with liberty and justice for all. usual form. vote on the Republican response to the
f At 5:30 today the Senate will confirm President’s budget. That is the so-
APPOINTMENT OF ACTING the nomination of Sue Myerscough, of called H.R. 1. Not only is the United
PRESIDENT PRO TEMPORE Illinois, to be U.S. District Judge for States now focused on it, but the entire
the Central District of Illinois. There world is as well. Then we will vote on
The PRESIDING OFFICER. The will then be a series of up to three roll- the Democratic response. Everyone has
clerk will please read a communication call votes, first on the confirmation of done the math and everyone knows
to the Senate from the President pro Anthony Battaglia, of California, to be how these votes will turn out. It is
tempore (Mr. INOUYE). a U.S. District Judge for the Southern likely neither proposal will pass, which
The legislative clerk read the fol- District of California; the confirmation means neither will reach the Presi-
lowing letter: of the nomination of James Shadid, of dent’s desk, and we will go back to
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∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
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S1310 CONGRESSIONAL RECORD — SENATE March 7, 2011
square one, back to the negotiating covery. The last thing we can afford is a place for people to go so our emer-
table. a broken engine that will drive us right gency rooms don’t become overrun. All
But tomorrow’s votes are still sig- back into recession. We can’t fix a bro- of the medical economists say it will
nificant. Just as our budget—that is, ken economy with a broken engine. cut down the cost of health care deliv-
how we invest taxpayer money and in- But that is exactly what the Repub- ery significantly. But that isn’t what
vest our resources—reflects our values, lican House is trying to sell us with the Republicans do. The 600 Nevadans
so will the votes cast on these two this H.R. 1. The tea party plan will who work at community health centers
competing measures. They will show us make Nevada’s students and workers would basically be eliminated, which
which Senators are serious about for- less competitive and will make Ne- means fewer Nevadans would have jobs
tifying our long-term future and which vada’s families and communities even and the neediest among us would have
are more concerned with scoring short- less safe. fewer places to turn when they need
term political points. These votes will It hurts education, which, of course, help getting healthy.
show us who wants an easy applause threatens our future. There are many It would cut more than $1.5 million
line and who wants to strengthen our examples, but let me give two or three, from local law enforcement programs
Nation’s bottom line. starting where many of our children to help Nevada prevent crime, fight do-
As the two parties’ vastly different start—in early education. Head Start is mestic violence, and keep our neigh-
proposals make clear, there is a fine a successful early education program borhoods safe from gangs. The plan
line between a responsible budget and a for the poorest of the poor. It has been would cut homeland security invest-
reckless budget. The Republican plan proven Head Start students are much ments by about $1 million which puts
we will vote on tomorrow is the same more likely than their peers to grad- every Nevadan and everyone who visits
plan the tea party already pushed uate from high school. But under the Nevada at risk. Some 60 million people
through the House of Representatives. Republicans’ plan—this tea party plan, a year visit Las Vegas alone. These
It is called H.R. 1. Now the same tea this H.R. 1—200,000 Head Start stu- cuts threaten the health of our econ-
party is trying to push it through the dents, including hundreds and hundreds omy, our communities, and our citi-
Senate. That plan will cost 700,000 in Nevada, will be basically eliminated zens.
Americans, including 6,000 Nevadans, from the school system. That is a care- The Democrats know we cannot
their jobs, and I will not support that less short-term cut with devastating make our economy work again for the
nor will any other Democrat I know of long-term consequences. middle class unless we invest the tax-
here in the Senate. The figure of 700,000 Second, what about students who are payers’ money as responsibly, effi-
is not a figure picked out of the air. already out of high school and go to ciently, and transparently as possible.
Economists generally agree that is a college thanks to Pell grants? If the So for anyone to say we don’t think
huge job loss for our country—econo- Republican plan were to pass, those Ne- there should be cuts—we believe there
mists led by Mark Zandi, whom I have vada undergraduates who rely on Pell should be cuts. We have proven that.
said on this floor on a number of occa- grants would see their tuition assist- We have already cut $51 billion below
sions has a pretty good resume. He is a ance cut by more than $600 a year. what the President recommended, and
chief economist at Moody’s now. He is That means one of two things: These it was a pretty austere budget he pre-
a noted economist and was JOHN students’ tuition bills will go up or sented. Yes, it is easy to demonize any
MCCAIN’s chief economic adviser dur- they will be forced to drop out. We investments we make by calling it gov-
ing the campaign. can’t afford this. Either choice is a bad ernment spending. It has always been a
The tea party Republicans are hoping choice. political shortcut to demand that we
America will see their budget’s Third, what about those who are al- slice zeroes off the end of the national
pricetag and swoon over its cuts. They ready in the workplace who are looking budget. But before we go on a reckless
are hoping the country doesn’t look to join the job market? This tea party cutting spree, let’s think about what
under the hood and see what is wrong. proposal would cost Nevada $30 million these investments do, whom they help,
That is because they know that when in job training investments. That and how much they mean to our future.
we do, we will see their shiny new would hurt about 8,000 potential Ne- That is what Democrats have
budget is a lemon and has a badly bro- vada workers. These cuts won’t do any- thought about as we drafted our plan.
ken engine. thing to help unemployment go down We made responsible cuts to the tune
I can remember I represented a num- or help Nevada’s economy get back on of $51 billion below President Obama’s
ber of car dealers when I practiced law. its feet. budget. We have made some difficult
One of them was a wonderful man. His We all know we have to make some choices. But where the Republican plan
son is now running his operations. sacrifices. We know there have to be cuts indiscriminately, we have cut
There was someone out picketing his cuts made. We have made them. But carefully. Where the Republican plan is
place of business and he had a great big these Republican cuts, as indicated in based on ideology, ours is based on re-
lemon. He alleged he had bought a car H.R. 1, dealing with education alone, as ality.
there at Findlay Oldsmobile and it was I have mentioned, are counter- Some of the ideological cuts: Elimi-
a lemon. I was an attorney wanting to productive. If we slice budgets in the nate public broadcasting, eliminate the
stop that. I was ready to go to court name of a stronger future but cut the National Endowment for the Arts, and
and get an injunction to stop that. most important way to strengthen our the National Endowment for the Hu-
Pete Findlay called me and said, look, future, what have we accomplished? manities. There are scores of things
there is something wrong with that car Nothing. We have made things much they have done, cutting indiscrimi-
and I don’t want people to buy cars worse. nately. Where the Republicans’ plan is
when there is something wrong with It is not just education. Let’s talk based on ideology, ours is based on re-
them. Take care of it. We will get him about a few more of these dangerous ality. That is because we know the
another car. consequences the Republicans’ reckless whole point is to cut in a way that
Well, that is what the Republicans budget would have for Nevada. The strengthens our economy, not in a way
should do with the lemon they are try- same would apply to Connecticut. It that weakens it. Our cuts eliminate
ing to perpetuate over here. As I said, would pull the plug on renewable en- redundancies, end unnecessary pro-
when we look under the hood of H.R. 1, ergy jobs in Nevada, including 600 new grams, and stop funding for earmarks.
we find it is not a good piece of legisla- jobs at the State’s largest solar plant. Our plan recognizes our job isn’t to cut
tion, and that is a gross understate- It would fire another 600 Nevadans who a billion here and a billion there just to
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ment. H.R. 1 has not only a broken en- work at community health centers. say we did.
gine, it is a lemon in many other re- One of the outstanding things we did in Our plan recognizes, as Democrats
spects. the health care bill is we put $10 billion do, that we are not in competition to
To pull ourselves out of this ditch, in that bill to build 10,000 new commu- determine who can cut the most with-
we need an engine that powers growth, nity health centers across the country. out regard to consequences; rather, we
innovation, and our being more com- These aren’t just for poor people, but need to cooperate and figure out where
petitive. We need one that powers a re- they do help poor people a lot. It gives we can cut the smartest.
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March 7, 2011 CONGRESSIONAL RECORD — SENATE S1311
The budget is complex, but the to pass another one. At what level will is not the road to prosperity and
choice is very simple: If we want to we pass it? That is the question that growth. We simply have to make tough
create jobs, the Senate simply cannot will be before us. choices. We have to make this govern-
pass the plan the tea party has already Will we continue the trend of reduced ment leaner and more productive.
pushed through the House. We want to spending that the House started us on We need to create growth and pros-
responsibly make the cuts we all agree and that the American people started perity. The growth and prosperity have
we have to make. The Senate should us on by the election last November, to be in the private sector. That is who
pass the Democrats’ proposal to bring just months ago, or do we continue pays the taxes, which allows us to con-
down the deficit and keep our economy business as usual—continue to be in de- tinue to have a healthy government. A
moving in the right direction. nial and say no more, no mas, we can’t failure to act at this point in history,
If we want to realistically get some- do anymore, we give up. after all of the discussion we have had
thing done before it is too late, the Well, a vote for the Democratic plan in the debt commission—and several
House and the Senate Democrats and that will be presented tomorrow will be have met and all have called for sub-
Republicans should return to the nego- a vote to do nothing. That is a fact. It stantial reductions in spending. But
tiating table where we know a good will be a vote to say we are still in de- Congress doesn’t get it. This is demor-
compromise on common ground awaits nial. It will be a vote that says deficits alizing for our people, for our govern-
us. The country is waiting too. Time is don’t matter, we can just continue to ment, for investors in the United
not on our side. spend, just continue to invest, and it States, for businesses sitting on capital
Mr. President, would the Chair an- will all get better in the end. It is a and thinking about what the future
nounce morning business. vote for more investment and more will be like, whether this is not going
spending. to be a sound economy any longer or is
Indeed, the Budget Committee, on the Government of the United States
RESERVATION OF LEADER TIME which I am the ranking Republican, incapable of altering its trajectory.
The ACTING PRESIDENT pro tem- had testimony last week from the De- They thought perhaps this election was
pore. Under the previous order, leader- partment of Education. They are ask- that way.
ship time is reserved. ing for an 11-percent increase, when the Well, the House has sent a clear mes-
inflation rate is 2. The Department of sage. Some think it could have gone
f Energy asked for a 9.5-percent increase. further. It proposed a $61 billion reduc-
MORNING BUSINESS Amazingly, the Department of Trans- tion in discretionary spending ac-
portation came in with a 62-percent in- counts. That is a 6-percent reduction.
The ACTING PRESIDENT pro tem-
crease in spending. We have already gotten 4 off that, so it
pore. Under the previous order, the Is this the way to bring this country would be $57 billion. When we take
Senate will be in a period of morning under control? Is that what the Amer- these numbers—and I hope we will
business until 4:30 p.m., with Senators ican people expected when they voted think about this—when we reduce the
permitted to speak therein for up to 10 in the last election and sent us a new baseline by $61 billion for spending in
minutes each. House of Representatives and new Sen- discretionary accounts, that is far larg-
The Senator from Alabama is recog- ators? I don’t think so. It will be an- er than some people think.
nized. other vote for fear that we can’t reduce One of the things that got us in trou-
f spending because the Nation will sink ble is the geometrical problem of in-
into the ocean. I don’t think so, and creasing spending—when we increase
the American people don’t think so in spending at 7 percent a year, for exam-
Mr. SESSIONS. Mr. President, I the cities, counties, and States that ple, for 10 years, we double the size of
don’t think a 6-percent reduction in are facing these same situations and government just like your bank ac-
spending that is proposed by the House making tough decisions and being suc- count doubles at 7 percent interest
is going to cause the U.S. Government cessful at it. compounded.
to sink into the ocean. States are mak- The decision we make on spending In reducing spending, the same thing
ing far more serious reductions in could well determine the fate of our occurs. A $61 billion reduction in the
spending than that. Nation and our economy. It is that im- baseline, if there were no more reduc-
The language the majority leader is portant; it really is. Forty percent of tions over 10 years built into the base-
using seemed to me like the language every dollar we spend today is bor- line, will result in about $850 billion in
of 1994—reckless Republican spending rowed. We will spend, this fiscal year, savings. In 10 years, that is almost $1
cuts, poor people thrown to the street, $3.5 trillion, but we only take in $2.2 trillion. That is with just a $61 billion
and that sort of thing. But what hap- trillion. Did you know that? Congress cut. It does make a difference, and it is
pened in 1994? The American people, knows that. They are in some denial, significant.
through their newly elected Congress, but that is a fact. It is indisputable, But President Obama’s plan and the
balanced the budget in 4 years. They and it is in the President’s budget. Senate Democratic plan do almost
balanced the budget when people said Over the next 10 years, pursuant to nothing. He proposes, as I understand
it could not be done. They said the the budget—the plan the President it, a $6 billion cut for the rest of the
spending reductions were going to de- gave us—interest on the debt will go fiscal year. That is just about a one-
stroy America’s growth and prosperity from $200 billion last year to $844 bil- half of 1 percent reduction in spending.
and everything else they could imag- lion in 1 year. We will double the entire The Senate Democratic plan, it appears
ine. But it didn’t happen. It helped cre- national debt, the gross debt, from $13 to me, is a $4 billion reduction, which
ate a period of outstanding growth. trillion to $26 trillion. They claim they is less than a one-half of 1 percent re-
Tuesday, we are told, we will have a are saving $1 trillion. I guess it would duction in spending this year.
key vote. It is a very important vote. have gone to $27 trillion. How can we Those are fake cuts; they are not real
It deals with the level of spending in save $1 trillion when the deficit is cuts. This is Washington talk. This is
which this country is going to partici- going up every year? The lowest single why this country is virtually broke.
pate. It is going to make a national de- year of deficit is $600 billion. The high- The President says he proposed a budg-
cision that is important. We passed a 2- est single deficit year President Bush et to the Congress—as the law requires
week continuing resolution that re- had—which was too high—was $450 bil- him to do—and that budget would
duced spending by $4 billion over that lion. The lowest they will have is $600 cause us to live within our means and
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period, keeping us on track to meet the billion, according to the President’s to begin paying down the debt. That is
House-passed goal of a $61 billion re- own numbers, which he sent to us. This what he said, and that is what his
duction in spending this fiscal year. It is not an acceptable path. Budget Director said in testimony be-
was a good, small, first step. But the We are on the wrong road. This is a fore the committee.
big step will be coming up, I suppose, a road to decline. It is the road to de- What planet are they on? The lowest
week from this Friday when the CR pendence upon foreign sources of single annual deficit—and if anybody
that we passed will expire and we have money to finance our spending spree. It on this floor wants to dispute this, I
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S1312 CONGRESSIONAL RECORD — SENATE March 7, 2011
would like to hear it. The lowest single will be warnings and crocodile tears not worked. If it were such a good idea,
annual deficit is over $600 billion in the will be shed and they will say we can’t why don’t we borrow three times as
10-year plan. They are going up in the have a government shutdown. We have much and spread around three times as
outyears to almost $900 billion in the had a half dozen for short periods of much money? It is not an economically
tenth year of the 10-year plan. time, but we certainly don’t want one. sustainable theory. It will not work,
That is why experts tell us this is an That is the way they will talk about and it has not worked.
unsustainable course. I wish we weren’t it—we just can’t cut anymore; it is We are facing a huge national deci-
in this fix. I will have to take some of going to end—schools will close, health sion. I believe many of my Democratic
the blame too. I voted against a lot of care programs are going to close. We colleagues get it. They tell me they do.
spending programs, but I have sup- have heard it all before. Every State, Many of them have said so publicly.
ported some, and we have gotten our- city, and county that goes through this But talk is not enough. Action will be
selves into a fix. It will be hard to get has the same political rhetoric out needed. We will begin to take action
out of it. It is not impossible, but we there. We can’t do it. It just won’t hap- tomorrow when we cast this vote.
have to take some action. It cannot be pen. Party loyalty is fine. We all have to
business as usual. But that is what the Then they are going to expect, I try to work with our leadership. No-
majority leader is proposing to do— guess, the Republicans to cave, and the body complains about that, to a degree,
nothing. Let the interest on our debt plan, of course, as it has been from the but we are not to be lemmings. We do
go from $200 billion a year to $844 bil- beginning, is business as usual. Busi- have a duty to our constituents, our
lion. ness as usual. Politicians win again. country, and our future to make some
Where is that money going to come People lose. Elections nullified. Busi- tough decisions.
from? The education budget is $60 bil- ness as usual. For example, I will share one more
lion, the highway budget is $40 bil- I do not think so. Business as usual thought and I will wrap up. I see my
lion—$844 billion on interest? What is has put us on the road to bankruptcy. colleague, Senator ROBERTS, an able
it going to crowd out that we would The voters did speak. There is a moral Senator from Kansas, is here. Do not
like to spend government money on? responsibility of this Congress to re- think we are cutting spending, this 6-
What if we have a debt crisis? Interest spond to the legitimate cries of the percent reduction, from some tight
rates are at 3.5 percent, but a lot of American people. Do we not have that baseline of spending, such as may be so
people think this interest rate is not so responsibility? I know one Senator who in your State, your city or your coun-
stable. A lot of people are afraid we told me that during that election, ty. In the last 2 years, nondefense dis-
could have a national or even inter- every single ad they ran talked about cretionary spending has increased 23
national debt crisis. Interest rates reducing spending and this Senator percent, and that does not count the
could surge. won by a margin far more than anyone stimulus package money, the $850 bil-
When I bought my first house, the in- predicted. There is no doubt the Amer- lion, the largest expenditure ever in
terest rates were double digits. I think ican people expect us to reduce spend- the history of this Republic or any
it was 11.5 percent. Do you think we ing. They know there will be some peo- other nation in the history of the
could not have that happen? Instead of ple who will not get as much money as world. That is on top of the 23 percent
$844 billion in interest, could we have they were getting before, but they in spending.
$11⁄2 trillion in interest in 10 years, know we are spending too much. That For example, the EPA, in 2 years, re-
crowding out all kinds of other spend- is so commonsensical. ceived a 36-percent increase in baseline
ing? This is irresponsible. This is an ir- A vote for the Democratic proposal spending. They cannot take a 6-percent
responsible course. Everybody knows truly would be a vote for the status reduction? Plus, they got a 70-percent
it. We can’t borrow our way out of quo. It would be a victory for the sta- increase from the stimulus package, a
debt. tus quo. It would be seen clearly as a $7 billion infusion on top of their $10
So what is going to happen? Let’s victory for the big spenders. It will be billion budget.
pull back the curtain and talk about a continuation of the unsustainable fis- What about the State Department?
what the plans are. It is pretty clear if cal path we are on—the path to decline, They got a 132-percent increase in
we look at it and have been around this the path to dependence, debt depend- spending in the last 2 years, plus $1 bil-
town a little bit. The Democratic lead- ence. lion from the stimulus package.
er didn’t want to have any debate. He The whole world is watching, just as The Education Department asked for
accepted the $4 billion reduction over we watched the British. They stepped an 11-percent increase this year. They
the 2-week period last week. That was to the plate and made cuts. The Ger- received an 11-percent increase pre-
done and nobody talked about it much. mans have criticized the United States viously and—hold your hat—their
The American people assumed things for excessive spending. The European budget is about $63 billion now. They
were rolling along pretty well, that at Union has criticized the United States got $97 billion out of the stimulus
least we avoided a government shut- for our excessive spending. Canada has package—more than their whole budg-
down and things are moving along done a lot better than the United et.
pretty well. States in containing spending. The We borrow 40 cents out of every $1 we
So now we are going to have another world is watching: What is the United spend. Our debt will soon outgrow our
quick vote tomorrow—that was de- States going to do? Is it going to get economy. Interest on the debt, under
cided, apparently, today—on two plans: its house in order as the other devel- the President’s budget, will rise to $844
the House plan on a 6-percent reduc- oped nations are working to do? Have billion a year. The question is not
tion and a Democratic plan with basi- they made a national decision to re- whether we are headed for a crisis but
cally no reduction. Then neither one form their unsustainable actions? whether we have time to act to prevent
will pass. Some say these $61 billion in cuts it.
A week from this Friday, the 2-week would hurt growth. I contend that ab- Our character is tested by how we re-
CR will expire, and we will be heading solutely is not so. In terms of total spond in times of great challenge. This
toward a government shutdown. Secret government spending, we spend $3,500 week, the Senate faces such a test:
negotiations will begin; they will start billion. A $60 billion reduction in that How do we respond to the growing fis-
talking. Maybe the Vice President will spending total is not going to throw cal crisis facing our Nation that every
get in there and talk a little bit, and this economy into a recession. Indeed, expert, including the debt commission,
they will move around, and special in- it would send a message to the finan- has told us is real? This is a defining
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terests will be involved. The American cial world that the American people vote in the career of every Senator and
people will not be in on the discussion. have gotten it, that the Congress has a defining vote for the Senate. A one-
They probably will not invite me in on gotten it, and they are at least begin- half percent proposed reduction in
the discussion. I don’t know who all ning to end the unsustainable trajec- spending by this administration is not
will be there, but they will begin to ne- tory this government is on. anything. It is basically doing nothing.
gotiate and talk, and they will be seek- The idea that we can borrow money, We need every group, every con-
ing some toothless compromise. There pay interest on it, and create jobs has cerned citizen to reach out to Congress,
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March 7, 2011 CONGRESSIONAL RECORD — SENATE S1313
to tell Congress to get off this road to Many people today believe no agency over is coming, and then we are going to
fiscal calamity. To every fellow Sen- the past few years has had more of a nega- talk about the financial sector—we
ator, I say now is the time to stand and tive impact on business growth and regu- have talked about the President’s ini-
latory certainty than the Environmental
be counted. Are my colleagues going to Protection Agency (EPA). Since fiscal year
tiative, his Executive order in which
be the vote that helped us turn back 2010, ten new regulations promulgated by the the President said rightly—and I ap-
from the fiscal cliff or the vote that EPA have accounted for over 23 billion dol- plauded that statement that we have
pushed the economy that much further lars in new costs to the American taxpayer. so many regulations pouring out of
toward the edge? As your Administration reviews both pro- Washington and so many regulations
I yield the floor. posed and promulgated regulations, please on the books, we do not have a cost-
The ACTING PRESIDENT pro tem- consider the following five regulations and benefit yardstick—that is my favorite
pore. The Senator from Kansas. the negative economic impact their full im-
plementation will have on our nation:
term for it—to say: Does the cost ex-
Mr. ROBERTS. Mr. President, I un- ceed the benefit? Does it make sense?
EPA’s proposal to amend the current pri-
derstand we are in morning business mary 8 hour ozone standard to a range of 60 The President himself said there are
and that I am recognized for 10 min- to 70 parts per billion. The EPA itself has es- many that are duplicative and very
utes. I ask unanimous consent that I be timated that this new regulation would cost costly and basically are stupid. That is
recognized for 15 minutes. I will try to between 19 and 90 billion dollars to fully im- exactly what the President said. I said
make it short. If it goes on any longer, plement, while providing no rationale as to ‘‘egregious.’’ That is the Senate word.
I will ask unanimous consent for addi- what new scientific data justifies updating a The President said ‘‘stupid.’’ I think
tional time. standard set as recently as 2008.
The EPA and National Highway Traffic everybody understands that. He issued
The ACTING PRESIDENT pro tem- Safety Administration’s decision to mandate an Executive order, and he said to all
pore. Without objection, it is so or- greater fuel economy and emissions stand- the Federal agencies: Please, take a
dered. ards for all passenger vehicles and light-duty look at the regulations that are on the
Mr. ROBERTS. Mr. President, I con- trucks. Recent analysis has estimated this books and all the regulations that are
gratulate the Senator from Alabama new regulation will cost the already strug- coming out of your agency and see if
for laying out exactly what we face gling automobile industry upwards of 10.8 you can make sense out of it and try to
when we have a vote tomorrow in re- billion dollars to comply, and consumers up
to 985 dollars per vehicle in higher purchase
separate out the ones that are duplica-
gard to the future of the United States tive, costly, and, yes, stupid and the
and whether we restore common sense The EPA’s regulation restricting green ones that are not and we can make
to Federal spending and prevent the house gas emissions from stationary sources. some progress. I applauded the Presi-
chaotic situation he so aptly described, While this regulation currently only affects dent’s effort.
not only in terms of our immediate fu- those stationary sources emitting 75,000 or The problem is, it is an Executive
ture but for our children and our more tons of carbon per year, future imple- order that has no teeth. There are
grandchildren. mentations of this rule could negatively im- three exemptions—and I will get into
That says it all in regard to we had a pact millions of small businesses and com-
munity organizations with costs of over 75
that in my prepared remarks, but basi-
townhall meeting—Senator JERRY cally the independent agencies are ex-
billion dollars a year.
MORAN, Congressman KEVIN YODER, The EPA’s recently promulgated Recipro- cluded. There are a bunch of them.
and myself in Johnson County, KS. In cating Internal Combustion Engines (RICE) There is language in the bill that says,
that meeting, the first question out—it regulation that requires operators of current if you are doing it for the public good,
was 100 to 250 people who were so ex- diesel or dual fuel engines (those operating the Secretary can say: Oh, well, that
cited: When are you going to get con- on a mix of diesel fuel and natural gas) to in- does not apply to us. How many Secre-
trol of this spending? They worry not stall new oxidation catalysts on existing en-
taries around here—for that matter
just about themselves but their kids gines. This regulation has already had a pro-
found impact on municipal electric utilities, czars. I guess they are in the room. I
and grandkids. don’t know what they do. If there is a
rural electric cooperatives and agricultural
As usual, we are going to have to dub irrigators in Kansas. Costing an estimated czar sitting there talking to schedule C
the Senator from Alabama the watch- $60,000 to $100,000 per engine, this regulation appointees and says: Do you think our
dog of the Senate, but he so eloquently is particularly difficult for small rural Kan- regulations serve the public good, of
described what we face. I thank him for sas communities that may only operate course, they think that. They would
it. these engines a few hours every year for not have promulgated them or issued
f emergency situations or extreme weather
them or thought them up to begin with
ENERGY REGULATIONS As EPA officials prepare to release a final if they did not think it was for the pub-
ruling on regulation of coal combustion by- lic good. So they are exempt.
Mr. ROBERTS. Mr. President, I rise Then, we have a wonderful paragraph
products (CCB), I highly recommend avoid-
to speak out against what I consider to ing any classification of this product as a that I defy anybody to understand.
be a regulatory assault on our Nation’s hazardous waste. Classification of this by- They can also use that in regard to
energy sector. That is pretty strong product as a hazardous waste will restrict dodging around the President’s Execu-
language, but I intend it to be. further beneficial reuse of CCBs and without tive order. The President issued an Ex-
I listed a number of these proposed any corresponding benefit to the environ-
ecutive order, said some very good
regulations in a letter I sent earlier ment.
Again, thank you for the opportunity to things to the American public, but it
today to President Obama. I ask unani-
share my recommendations on what rules does not have any teeth.
mous consent to have this letter print- I have a bill. We have 30 cosponsors.
and regulations pose serious negative con-
ed in the RECORD. sequences to the growth of our nation. As The bill says: Mr. President, you are
There being no objection, the mate- the 112th Congress gets under way, I will right with your Executive order. We
rial was ordered to be printed in the continue to identify to your administration codify his order, but we take out the
RECORD, as follows: regulations that handicap American busi- exemptions. What a day that would
U.S. SENATE, nesses and halt American job creation. It is
produce—or a year, for that matter—
Washington, DC, March 7, 2011. my hope that we can create a regulatory en-
President BARACK OBAMA, vironment that provides American busi- for all Federal agencies, if they truly
The White House, nesses with the necessary tools to hire and had to adhere to the President’s Execu-
Washington, DC. thrive in this global market. tive order. I hope we get more cospon-
DEAR PRESIDENT OBAMA: I write you today Sincerely, sors and we could actually consider it
to express my sincere appreciation for your PAT ROBERTS, and actually pass it on the floor of the
recently implemented Executive Order man- U.S. Senator. Senate.
sroberts on DSKD5P82C1PROD with SENATE
dating that all federal agencies review and Mr. ROBERTS. We—myself, staff, We have several areas of our econ-
revoke any rules or regulations that place others, a lot of people I have met with omy that are affected in a most egre-
unreasonable burdens on our nation’s busi-
in Kansas, regardless what economic gious way by all these regulations. I
ness community. In light of our current eco-
nomic crisis, establishing a regulatory envi- sector we are talking about, whether it talked about agriculture last week. We
ronment that promotes growth and job cre- is energy, which I wish to talk about are talking about energy today. Health
ation should be the number one priority for today, whether it is agriculture, which care is coming, and the financial insti-
this Congress and Administration. we talked about last week, health care tutions will be coming after that.
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S1314 CONGRESSIONAL RECORD — SENATE March 7, 2011
Even as the price of crude continues billion and $90 billion to fully imple- is probably the mildest thing I can say.
to climb above $100 this administration ment. I am talking about the 60 to 70 These are real numbers that will
continues to promote domestic energy parts per billion standard. It provides doubtlessly drive up the cost of energy
policies that are making it more ex- no rationale as to what new scientific Kansans rely on to heat their homes
pensive for Americans to put gas in data justifies updating a standard set and drive our Nation’s agricultural in-
their cars, heat their homes, power as recently as 2008. dustry.
their businesses. Just yesterday in a This proposed regulation is in addi- Unfortunately, the negative impacts
townhall meeting in Johnson County tion to the recently enacted green- resulting from the multitude of new,
in Kansas, I heard complaints about house gas regulations requiring appli- overly burdensome EPA regulations
the rising gas prices and our depend- cation of the best available control don’t stop with agriculture and energy.
ence on foreign oil and the need to de- technology. Who decides that? That is Beyond affecting the way people power
velop our own domestic resources—all the Kansas Department of Health and their homes and businesses, the admin-
those resources. But this vital goal is Environment with the EPA looking istration has even moved to regulate
now extremely difficult on the admin- over their shoulder, and it is the appli- what cars Americans can drive. This
istration’s own policies, again affecting cation of best available control tech- was made evident by the EPA and the
not only energy but agriculture and nology for stationary sources of green- National Highway Traffic Safety Ad-
our financial institutions and health house gas emissions. ministration’s decision last year to
care. I call them the four horsemen of This regulation currently only af- begin mandating greater fuel economy
regulatory strangulation. That may be fects those stationary sources of en- and emissions standards for all pas-
a little harsh, but I don’t think it is. ergy emitting 75,000 or more tons of senger vehicles and light-duty trucks.
As I said, last week, I came to the carbon per year and which are already Recent analysis has estimated this new
floor and highlighted a multitude of subject to the prevention of significant regulation will cost the already strug-
new overly burdensome and, in many deterioration—they call that PSD— gling automobile industry upwards of
situations, absurd EPA regulations permitting requirements for nongreen- $10.8 billion to comply, and consumers
that will have a significant negative ef- house gases—or GHGS. up to about $1,000 per vehicle in higher
fect on the ability of our farmers and Future implementation of this rule purchasing prices. They just pass the
our ranchers to produce the food and could negatively impact millions of costs on. So if you want to buy a new
the crops necessary to compete in a small businesses, farms, hospitals, and pickup down the road, it will be $1,000
global market and to feed a troubled community organizations with costs of more.
and hungry world. Take a look at the over $75 billion a year. So we are talk- While EPA has garnered much of the
coverage in regard to Libya and the ing billions and billions and billions in attention in my State for its efforts to
news blip we saw on television where regards to these regulations. make energy more expensive, from a
somebody was shouting and protesting According to the Affordable Power national perspective, the Department
and one of our newspeople stuck a Alliance, a civil rights organization, by of the Interior shares similar responsi-
microphone in front of his face and the year 2030, greenhouse gas regula- bility for pursuing policies that not
said: Are you trying to promote democ- tions—trying to control them—specifi- only make energy more expensive but
racy? He said: No, I just want a loaf of cally targeting our domestic energy also make our country more reliant on
bread. I will say to you that a hungry producers will result in the loss of 2.5 foreign, and oftentimes unfriendly,
nation is a nation that does not have million jobs—2.5 million jobs—and a re- sources of energy. For example, under
any possibility of economic oppor- duction of household income of $1,200 a the current administration, the De-
tunity. Well, unfortunately, as we all year. partment of the Interior has canceled
know, the EPA’s reach goes well be- Keep in mind, these are impacts that 77 oil development leases in Utah that
yond the agricultural industry. Its reg- will have the greatest negative impact were located within a larger formation
ulations are moving to make the en- on poor households, low-income house- covering three States that the Bureau
ergy we rely on every day more expen- holds, that spend a greater percentage of Land Management has estimated
sive to produce, and many times with- of their monthly income on utilities contains around 800 billion barrels of
out providing any appreciable benefits and groceries—necessities made more oil, more than three times the proven
to the environment. Nobody wants to expensive to produce and purchase with reserves in Saudi Arabia.
do anything that would endanger the rising energy prices. Why? Why would we revoke these
public health. But I think we can take In the area of energy recycling, EPA leases? That question has to be asked
a good look at some of these regula- officials are preparing to release a final and answered. We are speaking of 800
tions in regards to any appreciable ben- ruling on regulation of coal combus- billion barrels of oil. No, they can’t go
efits to the environment and find they tion byproducts—the acronym for do that. This, of course, is in addition
are few and far between. which is CCBs—which I hope avoids to the gulf of Mexico deepwater drill-
Since fiscal year 2010, 10 new regula- any classification of this product as a ing moratorium imposed last summer
tions promulgated by the EPA have ac- hazardous waste. CCBs are, of course, which has had a lasting negative effect
counted for over $23 billion in new an unavoidable residual of burning coal on the gulf coast economy.
costs to the American taxpayer, costs to create energy, which I wish to add is The President said yes, you can go
which are even more painful for Ameri- the most cost-effective form of energy ahead and drill, but the safety regula-
cans as our Nation continues to strug- available still, and is responsible for tions are such that a lot of companies
gle with an almost 9-percent unemploy- providing over 70 percent of the energy that were drilling have left or are leav-
ment rate. Unfortunately, with the to my State’s taxpayers—70 percent. ing. However, foreign competition is
number of proposed regulations cur- Classification of this byproduct as a drilling in the same place. That doesn’t
rently before our domestic energy pro- hazardous waste will restrict further make sense.
ducers, if we do not take action—we beneficial use of CCBs in a multitude of Beyond the regulatory burdens, it is
meaning the Congress—2011 and beyond industries, including agriculture, Port- also essential we focus on removing re-
will be even costlier. land cement, home construction, and dundant programs within the various
For example, EPA has proposed to without providing definitive benefits to Federal agencies. Listen up. Every
amend the current national ambient the environment. upset taxpayer should know this and,
quality standards for ozone to a range In my home State of Kansas, rep- more importantly, demand action from
of 60 to 70 parts per billion. This is a resentatives speaking on behalf of a this Congress. Last month, the admin-
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range so stringent that recent analysis number of Kansas energy producers es- istration’s own Government Account-
estimates hundreds of thousands of timated costs to industry of over $300 ability Office—the famous or infamous
jobs would be at risk because of the in- billion over the next 5 years to comply GAO—released a report highlighting
ability of cities and counties to meet with a multitude of proposed EPA reg- hundreds of duplicative programs cur-
these attainment levels. ulations dealing with air, water, and rently on the books that cost American
The EPA itself has estimated this CCB management. Three hundred bil- taxpayers billions of dollars every
new regulation would cost between $19 lion dollars. That is unreasonable, and year.
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March 7, 2011 CONGRESSIONAL RECORD — SENATE S1315
You get into double digits when you tive order highly subjective language ing. It was a small step but a step in
are counting the number of programs that directs each agency to use the the right direction. Some of us were
all of us want to depend on and all of best available techniques to quantify hopeful momentum was finally build-
us think are important, but they are anticipated present and future benefits ing for the bipartisan consensus that
duplicative. They are doing the same and costs as accurately as possible, would enable us to cut even more gov-
thing. As I say, it is costing American and—here comes the paragraph I defy ernment red ink this week.
taxpayers billions of dollars every you, Mr. President, and I defy any of The assistant majority leader seems
year. our highly skilled and educated people to have had enough. Yesterday, he said
While separate from regulatory over- on the dais, I defy this nice young lady cutting $6 billion pushes the limits of
sight, this study further amplifies the taking down my words the best she what is needed to live within our
importance that we take a serious look can, or anybody listening to this to un- means. This is ludicrous, Mr. Presi-
at our Federal agencies and put in derstand—each agency may consider dent. So far this fiscal year Wash-
place appropriate oversight, review, and discuss qualitatively—this is the ington has spent nearly $650 billion
and revocation where needed. way they look at a regulation to deter- more than it has taken in—this year.
It is for these reasons that I believe mine whether they are going to issue That is a little more than $4 billion a
Congress must move forward with solu- that regulation or not—values that are day that Washington is spending over
tions that remove overly burdensome difficult or impossible to quantify, in- and above what it has to spend.
regulations and create an environment cluding equity, human dignity, fair- Senator DURBIN thinks Democrats in
that doesn’t hinder energy production ness, and distributive impacts. Congress have pushed the limits of re-
and use of those resources that make That statement is amorphous. It is sponsibility by agreeing to cut $6 bil-
the most economic sense while still synonymous with amorphous. I defy lion more this year. Imagine if every
protecting, yes, our clean water, clean anybody to try to determine what that American had the same approach to
air, and do what we can in regards to means, except what you want it to their credit card bills. Imagine calling
CO2 emissions. mean. So that statement now wins the up your credit card company and ask-
Understanding this, last month, I, gobbledygook award of the month. I ing first if you could just freeze your
along with 30 other Senators, intro- think I am going to come down here out-of-control spending habits in place.
duced the bill I was talking about—the every month and award a gobbledygook Then when they say no, imagine telling
Regulatory Responsibility for our them you don’t want to cut down your
statement in the regulatory field that
Economy Act. The bill moves to codify monthly spending because you prefer
is about to drown us all as the gobble-
and strengthen the President’s January living outside your means.
dygook statement of the month—and That is the logic of our friends on the
18 Executive order that directs agen- that sure hits it. It doesn’t take a leg-
cies within the administration to re- other side. Now, according to this
islative scholar to understand that this logic, they would rather draw a line in
view, modify, streamline, expand or re- language creates a loophole large
peal those significant regulatory ac- the sand than agree to cut another
enough to drive a grain truck through dime in spending at a time when Wash-
tions that are duplicative, unneces- and renders the order meaningless. ington is spending about $4 billion
sarily overly burdensome, or would That is why passage of my regulation more every single day than it is taking
have significant economic impacts on is so critically important. in.
Americans. I invite my friends on both sides of Republicans have been hopeful that
Those are the President’s words right the aisle to please sign on as a cospon- we could make progress and reach a bi-
there. I agree with them. I applaud the sor of my legislation, realizing the im- partisan solution on this issue. It is my
President for saying that. While I agree mense opportunities it creates for hope that the assistant majority leader
in principle with President Obama that meaningful review and possible revoca- was speaking for himself and not for
we need to take a serious look at both tion of regulations counter to our Na- his entire conference.
current and proposed Federal regula- tion’s growth, along with the GAO re- This, of course, is the debate that
tions, I don’t believe his Executive port outlining specific duplication of most people in Washington will con-
order actually does what it purports to Federal programs, a report that defies tinue to be focused on this week, and it
do. There are too many loopholes and PowerPoints or charts—couldn’t do it; is an important debate. But focusing
no teeth. a maze of too many programs trying to on day-to-day expenses threatens to
Specifically, my bill moves to hold do the same thing. If we don’t do this, obscure an even larger threat. Here I
accountable independent agencies we are going to cost the business com- am talking about, of course, entitle-
which are exempt under his Executive munity of America and all Americans ment programs such as Social Secu-
order, such as the FDIC, the SEC, and billions of dollars and get nothing in rity, Medicare, and Medicaid.
the EPA that are not covered under return in regard to environmental ben- Anyone who has looked at these pro-
President Obama’s Executive order. efits. grams closely knows they are becom-
The EPA came up and said: We are I yield the floor, and I suggest the ab- ing unaffordable, that doing nothing
doing the public good. Then they fol- sence of a quorum. risks not only the future of these pro-
lowed that crazy paragraph I will read The ACTING PRESIDENT pro tem- grams themselves but our Nation’s fu-
in a minute and said: We are okay. We pore. The clerk will call the roll. ture as well. Anyone who looks at his-
are not issuing any regulations that The assistant legislative clerk pro- tory also knows the best time to ad-
hurt anybody. ceeded to call the roll. dress a crisis such as this is a time
I just attended the Commodity Clas- Mr. MCCONNELL. Mr. President, I such as right now, when two parties
sic, made up of all farm organizations, ask unanimous consent that the order share power in Washington. This is the
all commodity groups out in Great for the quorum call be rescinded. time.
Bend, KS, and the No. 1 issue: regula- The PRESIDING OFFICER (Mr. I have made the case for action pub-
tions. Why on Earth are you putting COONS). Without objection, it is so or- licly and in private conversations with
out all these regulations that are about dered. the White House. As Republican leader,
to put us out of business? You go right f I put this issue front and center my
down the line and any group, any asso- first day on the job. Four years ago, I
ciation, any business all throughout GOVERNMENT SPENDING came to the floor and said the demo-
America are saying: PAT, what are you Mr. MCCONNELL. Mr. President, as graphic changes taking place in Amer-
doing strangling us with all these regu- we reengage in the ongoing debate over ica made it incumbent upon us as a
sroberts on DSKD5P82C1PROD with SENATE
lations? What are you guys doing? My government spending this week, it is body to reform Social Security. Two
response is: I am not a ‘‘you guys,’’ I worth noting that some on the other years later, when the American people
am an ‘‘us guy,’’ and I am trying to do side appear to have already decided to put a Democrat in the White House, I
something about it. fold up their tents. renewed my call to action. I said Re-
Specifically, my bill moves to hold Last week, Republicans showed we publicans stood ready to work with the
accountable these independent agen- could change the status quo in Wash- President on entitlement reform. I re-
cies. It also removes from the Execu- ington by cutting government spend- peated that call again 4 months ago
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S1316 CONGRESSIONAL RECORD — SENATE March 7, 2011
when voters decided to put Republicans President has the courage to step up to Let me speak to two particular issues
in charge of the House of Representa- the challenges we face. In this case, Senator MCCONNELL raised. The first is
tives. one cannot help but wonder if the Social Security. Is there a program
Throughout this time, I have held President, who came into office prom- that is more important to America? I
out hope that our friends on the other ising change, has been changed by the cannot think of one. That was the
side would rise to the occasion, if not office instead. starting point of the New Deal when
when Republicans controlled the White I hope I am wrong about all this, but President Roosevelt said: We have to
House, at least when they did. all the signs point toward inaction on give seniors in America some peace of
I was encouraged further when Presi- the part of the White House and, in my mind that when retirement rolls
dent Obama said repeatedly in 2009 view, this would be a tragic failure of around and their senior years roll
that his administration would seek to leadership. around, they will, in fact, have enough
work with us on serious entitlement The PRESIDING OFFICER. The Sen- money to live on, not in a luxurious
reform that preserves the safety net for ator from Illinois. way but the basics.
our seniors, for people with disabilities, Mr. DURBIN. Mr. President, I ask There is a time I can remember in
and which also puts it on a firmer, sta- unanimous consent to speak as in my family and many American fami-
ble footing for generations to come. morning business. lies where grandparents moved back in
The President has acknowledged the The PRESIDING OFFICER. Without with the kids because there was no
seriousness of the problem. He has objection, it is so ordered. place to go. They could no longer work
noted himself that costs are escalating, f and they could no longer afford their
even as the population is getting older, homes and they became part of the
creating a perfect storm for a fiscal BUDGET CRISIS
larger family. It happened in my fam-
crisis that dwarfs even today’s budget Mr. DURBIN. Mr. President, there ily and it happened in others.
crisis, as urgent as it is. was an interesting letter to the editor Then came Social Security, and with
If both parties agree on all this, I in the New York Times over the week- a little planning and a little saving and
thought, then there is no reason we end, and it was sent by two Minnesota Social Security checks, senior citizens
cannot do this for the good of the coun- State representatives. I apologize for had independence. It was a critically
try. The urgency for action has only not having the names at my fingertips. important program. It was an insur-
intensified in recent months, as we Democratic and Republican Minnesota ance plan—not a welfare plan—an in-
have seen an uproar in a number of State representatives wrote a letter to surance plan that virtually every
State capitals. the editor. It was in response to an ar-
Every State is different, but the American paid into and from which
ticle written by David Brooks. Brooks, every American drew.
problems in every one of them can be whom I respect very much, is a con-
summed up pretty easily. Lawmakers Where are we today? I arrived in Con-
servative and a very thoughtful man gress in 1983 as a brand-new Member of
from New Jersey to California and just and I read him with a lot of interest.
about everywhere in between made the House from Illinois. They said:
Brooks had written about what to do Welcome to Washington. Social Secu-
promises they could not keep. But the with the State and Federal challenges
promises lawmakers in Washington rity is broke.
when it came to budget deficits. I said: Great. I thought I would get a
have made put the States to shame. If What these two Minnesota State rep-
you add up the unfunded liabilities in little breathing space. But, in fact,
resentatives said—a Democrat and a there was not.
all 50 States, you get, by one estimate, Republican—is, we acknowledge in our
about $3 trillion total. Add up Wash- President Ronald Reagan and House
State and Nation what we face. We face Speaker Tip O’Neill—a political odd
ington’s promises on Social Security
a situation where we have a weak econ- couple if you have ever seen one—got
and Medicare alone, and it is over $50
omy, and we face a situation where the together and hammered out an agree-
trillion—$50 trillion that we promised
debts that are being incurred by our ment. The agreement we reached and
to the American people that we do not
levels of government are going up too voted for in 1983 resulted in Social Se-
know how we are going to pay for.
Something must be done, and now is fast, having acknowledged that we curity remaining solvent from then
the time to do it. Republicans are have to find a solution. until 2037. We wanted to buy 75 years of
ready and willing. Where is the Presi- I am going to probably not say this solvency, but we bought over 50.
dent? Suddenly, at the moment when as accurately, but I thought they said Those who say today that Social Se-
we can actually do something about it so well. They said we have come to curity is in trouble, I remind them, un-
this, he is silent. As one columnist in the conclusion that we cannot just cut touched with no action by Congress,
the Washington Post put it: ‘‘For a our way out of the problem and we can- Social Security will make every pay-
man who won office talking about not tax our way out of the problem, we ment it has promised to every Social
change we can believe in, [the Presi- have to think our way out of the prob- Security recipient with a cost-of-living
dent] can be a strangely passive presi- lem. We cannot lurch from one budget adjustment every month of every year
dent.’’ battle to another budget battle with- until 2037. There are not many things
On the greatest fiscal challenge of out looking at the fact that our chal- you can say that about in Washington;
the day, he appears, at least so far, to lenge is a structural, long-term chal- that for over 25 years, this program is
have taken a pass. This is obviously lenge. It does not relate to the imme- financially sound.
deeply disappointing to me personally, diate budget but to a lot of things that The bad news is, in 2037, things
given my repeated raising of this issue. are happening over a long period of change dramatically. Untouched at
But more importantly, it should be time. that point, Social Security benefits
deeply disappointing to every Amer- I reflected on that for a minute. I will go down 22 percent. That is a
ican who had reason to hope we could thought: There is real wisdom in what heavy hit on lower and middle-income
tackle these issues in a moment of di- they say because, if we look at what we retirees. We know that looming 25
vided government. It should be dis- face at the Federal level, there are rea- years over the horizon is a terrific
appointing to all those who believe this sons why we are running into these challenge.
President when he pledged to shake up budget problems, not the least of President Obama created a deficit
the status quo in Washington. which, as Senator MCCONNELL men- commission. Senator HARRY REID was
Past Presidents had the foresight to tioned earlier, is that the population of kind enough—I guess ‘‘kind’’ is the
seize the moment, to reach across America is changing. Baby boomers word—was nice enough to appoint me
sroberts on DSKD5P82C1PROD with SENATE
party lines, and solve an earlier fund- have reached the point where they will to this Commission. I spent 10 months
ing problem with Social Security, in be drawing on the government benefits listening and then voted for the final
the case of President Reagan, and wel- they paid for over a lifetime. As more Commission product. It went into So-
fare reform in the case of President and more draw on these benefits, there cial Security, and it suggested some
Clinton. is an obvious question as to whether things that are inherently controver-
It is not a question of whether it is the reserves will be there to take care sial. For example, if you are going to
possible but a question of whether the of them. How do we deal with that? give Social Security a longer life, what
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March 7, 2011 CONGRESSIONAL RECORD — SENATE S1317
is the mix? What will you cut in bene- Why the dramatic difference between plenty of those—my hometown of East
fits? How much will you increase rev- Chicago and Miami? That is the ques- St. Louis, IL, for example. To cut back
enue? Those are the two things. tion we ought to ask. Is there better on Federal assistance to that poor
I said Social Security is basic arith- care in Florida or more expensive care? community at this moment in time
metic. Medicare is advanced calculus. Can we bring the cost of that care would be a mistake. We need to make
Social Security is basic arithmetic, al- down and not compromise the quality sure these young people have good
though those basic decisions get to the of the care? These are hard questions teachers and good resources and can
heart when you retire, how much you but the only questions that count if learn, even though they live in a town
receive when you retire and how much you want to have reform in Medicare that is economically poor. The House
you receive in your payroll deductions that does not sacrifice the basic bene- Republican budget cuts that money
each month. fits. and cuts the teachers for these school
The Commission reached an agree- What I would say to Senator MCCON- districts.
ment. There were parts I did not like, NELL is this: He quoted me early in his Then it cuts the money for Pell
but it did buy 75 years of solvency for statement, and I was not on the floor. grants. Pell grants are the college aid
Social Security. Yesterday, I said I was supporting not grants given to students from lower in-
It is interesting that we brought it the House Republican budget but the come families. Many of them don’t
up then as part of the deficit commis- budget proposed by Senator INOUYE. have a chance to go to school unless
sion because literally Social Security This budget, for the remainder of this they get a grant so they can proceed
does not add to the deficit. Currently, year, the next 61⁄2 months, would cut with their education. The House Re-
there is a surplus in the Social Secu- about $10 billion more. We would cut publican budget cuts $850 a year out of
rity trust fund, and that trust fund is $51 billion below what President Obama the Pell grants for lower income stu-
being invested in government securi- asked for this year. In the Senate, we dents—students from lower income
ties and being paid interest, but it does will have reached $51 billion. In the families. That, unfortunately, will
not add to the deficit. House, they went $100 billion below mean many of them will drop out.
Many of my colleagues have argued: what the President asked. When I went to visit with the presi-
Why are we debating Social Security as I think there is a qualitative, not dent of Augustana College, a private
part of deficit reduction if it does not just quantitative but qualitative, dif- Lutheran college in the quad cities
have a direct connection? That is a le- ference in the approach. I think the area, he anticipated they would lose 1
gitimate point. I have raised the same House Republican budget went too far. out of every 20 students because of this
point myself. I think we should look at I do not believe we need to cut the ba- cut in Pell grants. So if students—
it. We should do it on a separate and sics in education for lower income fam- when we have high unemployment in a
parallel track to deficit reduction. ilies across America, and that is ex- recession—are dropping out of college
I welcome what Senator MCCONNELL actly what the House Republican budg- because of House Republican budget
said. Let’s have that conversation. But et does. cuts, the obvious question is: Does that
I do not think it needs to be the nec- Let me give an illustration. They re- make America’s workforce any better?
essary starting point for deficit reduc- duced dramatically the amount of Are we in a better position to compete
tion because there is no connection be- money going to be spent on Head Start. with China and the other countries of
tween the two. I do not know how many Members have the world or will we sacrifice our ad-
Then I heard Senator MCCONNELL say had a chance to visit Head Start Pro- vantage because students have to drop
the President has not shown leadership grams. I did a couple weeks ago in Chi- out of school? I think the answer is ob-
on Medicare. I respectfully disagree cago. These are kids who are most like- vious.
with Senator MCCONNELL. The whole ly to drop out without some interven- That is why the House Republican
debate about health care reform was tion, most likely to struggle in pre-K budget, which some support, goes too
lowering the cost of health care. You and kindergarten and most likely to far. It cuts too much in education. It
cannot balance the budget of America have a difficult time learning. So they would cut dramatically medical re-
with 13 million people unemployed bring them into Head Start at an early search. What were they thinking in the
without addressing the skyrocketing age and they learn. The one I visited in House of Representatives, that we
cost of health care. President Obama Chicago is nothing short of amazing. would cut the National Institutes of
worked with Congress—the House and They were teaching these little kids— Health, medical research in critical
Senate—to reduce the growth in the and they were so impressive—Chinese areas—Alzheimer’s, Lou Gehrig’s dis-
cost of health care. as well as a Nigerian dialect, and these ease, diabetes, cancer—at a time when
One area was in Medicare. Time and kids were chattering away. I thought we know research and innovation are
again, the Senator from Kentucky and this experience—being together, learn- critical for America’s success. Why
his colleagues came to the floor and ing, singing, being so happy about it— would the House Republican budget cut
gave critical speeches saying: ‘‘The cannot help but prepare these kids for back so dramatically in areas we know
Obama plan is going to take $500 bil- a classroom setting where they are pay off?
lion out of Medicare.’’ Day after day, going to learn in just a couple years. I think they made some poor choices,
‘‘$500 billion out of Medicare.’’ If we are The House Republican budget dra- and that is why I support the Senate
seriously talking about budget deficit matically cuts the Head Start Pro- Democratic approach—$10 billion in
reform, if we are talking about Medi- gram. These kids and the teachers and cuts but preserving in education, work-
care reform, we are talking about re- staff who support them will be gone er training, education research, inno-
ducing the anticipated expense of under their proposal, and what will vation, and infrastructure the invest-
Medicare and reducing at least $500 bil- happen to those kids? I am not sure. I ments we need at this moment in our
lion in costs. don’t know if there will be a babysitter history, with the recession we face and
What will that mean to Medicare re- down the street or whether someone 13 million Americans out of work.
cipients across America? Does it mean else will intervene. But it is possible, That, to me, is why the difference is so
less coverage, less care? It does not without early intervention and early stark in contrast.
have to. I always use as an illustration, training and education, these kids will Senator MCCONNELL spoke with the
the average cost of a Medicare bene- show up in a year or two for prekinder- President and said he needed to show
ficiary in my hometown of Springfield, garten or kindergarten and not be as more leadership. I know where the
IL, the average annual cost is $7,000 to far along as they should be. Does that President is on this. He wants us to
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$8,000. Go up to Chicago, where there make their chances at success better? reach an agreement in terms of the de-
are more speciality hospitals and a lit- No, of course not. We know that. The cisions which we need to make to move
tle higher cost of living and it is not studies have shown it. us toward a balanced budget, but we
$7,000 to $8,000, it is $8,000 to $10,000 a The second area the House Repub- need to do it in a thoughtful way, first,
year for the average Medicare bene- lican budget cuts is the money to coming out of the recession making
ficiary. Then go down to Miami and the school districts in the poorer parts of America’s workforce stronger for the
number is $14,000 to $15,000 a year. America. In my home State there are future, helping small businesses create
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S1318 CONGRESSIONAL RECORD — SENATE March 7, 2011
jobs, and investing in infrastructure three vacancies were all designated as Myerscough has worked to promote
which creates good-paying jobs right judicial emergencies by the Adminis- legal education for schoolchildren, and
here in America. trative Office of the U.S. Courts. since 2001 she has served on the Board
Mr. President, I understand we are The chief judge, and the only active of Visitors for the Southern Illinois
going to go into executive session, and judge not in senior status, of the dis- University Law School. She is an excel-
I am going to pause at this time and trict—Mike McCuskey, also one of my lent judge, she is an excellent lawyer,
ask if the Chair is ready to report exec- nominees—has done an amazing job she has a great family, and I am proud
utive session so I can discuss two judi- keeping the judicial system running for the President presented her name and
cial nominations. the past 7 months. Mike, in years gone the Senate will have a chance to vote
The PRESIDING OFFICER. Morning by, had had some health issues. They on her today.
business is closed. asked him whether there was anything Jim Shadid is a leading figure in the
f they could do to relieve the stress he Peoria legal community. He currently
was facing, being the only judge out of serves as a judge on the Tenth Judicial
EXECUTIVE SESSION four in the district. He said: Only the Circuit in Peoria County. He has been
Senate can relieve this stress. Today, nominated to fill the Peoria-based Fed-
Mike McCuskey, we are going to do our eral judgeship that was vacated when
NOMINATION OF ANTHONY J. best to relieve that stress and send two Judge Mihm took senior status.
BATTAGLIA TO BE UNITED excellent new district court judges. Judge Shadid was born in Peoria and
STATES DISTRICT JUDGE FOR It hasn’t been easy. Right now there received his undergraduate degree from
THE SOUTHERN DISTRICT OF are no active status judges in the Fed- Bradley University. He was quite a
CALIFORNIA eral courthouses in Springfield and Pe- baseball player for the Bradley Braves.
oria. Judge McCuskey, who is based in He was a two-time team MVP and was
Urbana, has put a lot of miles on his inducted into the Bradley Athletics
NOMINATION OF SUE E. Hall of Fame. After graduation, he
car driving around this large district to
MYERSCOUGH TO BE UNITED played a season of minor league base-
keep the dockets moving. I salute him
STATES DISTRICT JUDGE FOR ball before he turned his talents to law
for his dedicated service, and I wish to
THE CENTRAL DISTRICT OF ILLI- and getting his J.D. from the John
also salute Judges Mike Mihm, Joe
NOIS Marshall Law School in Chicago.
Billy McDade, Harold Baker, and Rich-
ard Mills, who stepped up to help out He was first appointed as a circuit
judge in 2001 and won retention elec-
NOMINATION OF JAMES E. SHADID the district, despite some personal
tions in 2002 and 2008. He has presided
TO BE UNITED STATES DISTRICT family and health challenges. They
over approximately 300 trials and thou-
JUDGE FOR THE CENTRAL DIS- have stepped up, even though they are
sands of additional pleas and
TRICT OF ILLINOIS in senior status, to try to make sure
sentencings. Prior to his service on the
the district was served.
The PRESIDING OFFICER. Under State bench, Judge Shadid worked as
I am pleased that help is on the way
the previous order, the Senate will now an attorney in private practice, as a
to the Central District of Illinois. I
proceed to executive session to con- part-time Peoria County public de-
also wish to thank my colleague, Sen-
sider the following nominations, which fender, as a part-time commissioner on
ator MARK KIRK, who has joined me in
the clerk will report. the Illinois Court of Claims, and as an
presenting these nominees to the Sen-
The legislative clerk read the nomi- assistant attorney general in Illinois.
ate. In addition to his broad legal experi-
nations of Anthony J. Battaglia, of The first I wish to mention is a friend
California, to be United States District ence, Judge Shadid has an impressive
of mine for many years, Sue
Judge for the Southern District of Cali- record of service to the Peoria commu-
Myerscough. She has been prominent nity, including tenure as president of
fornia, Sue E. Myerscough, of Illinois, on the legal landscape of Springfield
to be United States District Judge for the Boys and Girls Club of Greater Peo-
for many years. She has over 23 years ria.
the Central District of Illinois, and of judicial experience and currently Judge Shadid was the first Arab
James E. Shadid, of Illinois, to be serves as an elected justice on the Illi- American to serve as a State judge in
United States District Judge for the nois Fourth District Appellate Court. Illinois. Upon his confirmation, he will
Central District of Illinois. Justice Myerscough has been nomi- be the only Arab-American Federal
The PRESIDING OFFICER. Under nated to fill the Springfield-based judge in the State and one of only a
the previous order, there will now be 1 judgeship that was vacated by the re- handful nationwide. There is a large
hour of debate with respect to these tirement of Judge Jeanne Scott, an- Arab-American community in Peoria,
nominations, with the time equally di- other one of my appointees who served including my friend, the U.S. Transpor-
vided in the usual form. that district so well. tation Secretary, Ray LaHood. I know
The Senator from Illinois. Justice Myerscough is a Springfield this community and all of Peoria and
Mr. DURBIN. Mr. President, I rise in native. She earned her bachelor’s de- Illinois will be so proud of Judge
support of two of the nominees. I will gree and law degree from Southern Illi- Shadid.
vote for all three, but I rise in support nois University. She began her legal Both Justice Myerscough and Judge
of two of the nominees—Sue career as a law clerk for Judge Harold Shadid were unanimously reported by
Myerscough and James Shadid for the Baker of the same Central District. the Judiciary Committee last month,
Central District of Illinois. These are Following her clerkship, she worked and in a short time the Senate will
nominees whom I presented to the for 6 years in private practice. take up their nominations. I hope my
President and who passed through the Judge Myerscough was appointed as colleagues will agree that the people of
review not only by the White House an associate judge of the Illinois Sev- Illinois will be well served with these
but also by the Senate Judiciary Com- enth Judicial Circuit in Springfield in two fine individuals on the bench.
mittee and now come before us today 1987. In 1990, she was elected as a cir- We will still have one vacancy, when
to be considered by the Senate. cuit judge for that court. During her 11 these two are approved. Fortunately,
This day has come not a moment too years as a trial judge, she presided over President Obama has nominated an-
soon for the Central District of Illinois, thousands of bench and jury trials, in- other excellent candidate to fill that
which I call home. It is a huge district. cluding some of the most complex civil vacancy. Sara Darrow is a distin-
It covers 46 counties, includes the litigation and murder trials. In 1988, guished Federal prosecutor, whom I
sroberts on DSKD5P82C1PROD with SENATE
State capital, as well as cities such as Judge Myerscough was elected to her was pleased to recommend to the White
Peoria, Urbana, and Rock Island. Since current seat on the Illinois appellate House. I look forward to working with
last August, the Central District of Il- court and in 2008 won her retention my colleague, Senator KIRK, to con-
linois has had only one Federal district election. sider her nomination in an expedited
court judge out of four. There are sup- During her years on the appellate fashion.
posed to be four and, unfortunately, court, she has authored over 1,200 deci- Also working with Senator KIRK, we
three seats have been vacant. Those sions on a wide range of issues. Justice have a bipartisan agreement in terms
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March 7, 2011 CONGRESSIONAL RECORD — SENATE S1319
of filling all vacancies, and Senator Senate to take action to fill these va- I expect to be able to move forward
KIRK is in the process now of choosing cancies. Chief Judge McCuskey has with reporting two additional Federal
a judge to fill one of the vacancies in been commuting 90 miles between Ur- circuit nominees and four additional
the Northern District of Illinois. bana and Springfield and relying on district court nominees this week. We
Last year, the Senate confirmed senior judges to administer justice in are holding hearings every 2 weeks and
three excellent judges for the Northern the district. Judge McCuskey had a hope finally to begin to bend the curve
District: Judge Gary Feinerman, Judge heart attack a few years ago. Report- and start to lower judicial vacancies
Sharon Coleman, and Judge Ed Chang. edly, when his cardiologist told him across the country.
I might mention that Judge Chang had that he needed to reduce his stress Federal judicial vacancies around the
been recommended by the Republican level, the chief judge replied that ‘‘only country number too many and they
Selection Committee the year before, the U.S. Senate can reduce my stress.’’ have persisted for too long. That is
and I found him to be an excellent can- Well, Chief Judge McCuskey, it has why Chief Justice Roberts, Attorney
didate. Party aside, he is going to serve taken too long but we hope finally to General Holder, White House Counsel
very well and is now serving on the provide you some relief. To the people Bob Bauer and many others—including
Northern District. Senator KIRK and I of the Central District of Illinois I say, the President of the United States—
will continue to work together to find help is finally on the way. have spoken out and urged the Senate
excellent judges for that Northern Dis- Judge Battaglia of California will fill to act.
trict. a vacancy in the Southern District of Nearly one out of every eight Federal
In conclusion, as we proceed toward California where he has served as a judgeships is vacant. This puts at seri-
this evening’s votes, I urge my col- U.S. magistrate judge since 1993. Last ous risk the ability of all Americans to
leagues to join me in supporting the November we heard from the Judicial have a fair hearing in court. The real
nominations of Sue Myerscough and Council of the Ninth Circuit, which en- price being paid for these unnecessary
Jim Shadid. They will make superb compasses California. They wrote to us delays is that the judges that remain
Federal judges in a district that des- last year, noting: ‘‘In order to do our are overburdened and the American
perately needs their service on the work, and serve the public as Congress people who depend on them are being
bench. expects us to serve it, we need the re- denied hearings and justice in a timely
(At the request of Mr. REID, the fol- sources to carry out our mission. While fashion.
Regrettably, the progress we made
lowing statement was ordered to be there are many areas of serious need,
during the first 2 years of the Bush ad-
printed in the RECORD.) we write . . . to emphasize our des-
∑ Mr. LEAHY. Mr. President, with ju- ministration has not been duplicated,
perate need for judges. Courts cannot
dicial vacancies still at 100, nearly half and the progress we made over the 8
do their work if authorized judicial po-
of them judicial emergencies, the Sen- years from 2001 to 2009 to reduce judi-
sitions remain vacant. . . . We respect-
ate’s action today on 2 nominees to fill cial vacancies from 110 to a low of 34
fully request that the Senate act on ju-
was reversed. The vacancy rate we re-
longstanding judicial emergency va- dicial nominees without delay.’’ I
duced from 10 percent at the end of
cancies in Illinois and 1 of the many agree. I am glad to see the Senate fi- President Clinton’s term to less than 4
vacancies in California is much needed. nally consider and confirm Judge percent in 2008 has now risen back to
I thank the Senate majority leader for Battaglia. over 10 percent. In contrast to the
scheduling action on these important On Thursday, the Judiciary Com-
sharp reduction in vacancies we made
nominations and the Republican leader mittee will consider the nomination of
during President Bush’s first 2 years
for his cooperation. I commend Senator another California judicial nominee,
when the Democratically controlled
DURBIN for his efforts to fill long- John Kronstadt, who is nominated to
Senate confirmed 100 of his judicial
standing vacancies that have plagued fill a judicial emergency vacancy in
nominations, only 60 of President
the Central District of Illinois. the Central District of California. In Obama’s judicial nominations were al-
These nominees are 3 of the 13 judi- the next couple weeks we should recon- lowed to be considered and confirmed
cial nominations that were unani- sider and report again the nomination during his first 2 years. We have not
mously reported last year and have of Edward Chen to fill a judicial emer- kept up with the rate of attrition, let
now been unanimously reported, again, gency vacancy in the Northern District alone brought the vacancies down. By
this year by the Judiciary Committee. of California. now they should have been cut in half.
They could—and, in my view, should— Recently Seth Stern reported in Con-
Instead, they continue to hover around
have been considered and confirmed gressional Quarterly criticism from
last year. Instead, they were returned Chief Judge Lamberth of the U.S. Dis- The Senate must do better. The Na-
to the President without final Senate trict Court for the District of Colum- tion cannot afford further delays by
action despite their outstanding quali- bia, who warned that the breakdown in the Senate in taking action on the
fications, and despite the needs of the the judicial confirmation process is nominations pending before it. Judicial
American people to have judges avail- ‘‘injuring the country.’’ There are two vacancies on courts throughout the
able to hear cases in these Federal judicial nominees to fill longstanding country hinder the Federal judiciary’s
courts. The President has had to re- vacancies for his court still waiting for ability to fulfill its constitutional role.
nominate them, the Senate Judiciary final consideration by the Senate. The They create a backlog of cases that
Committee has had to reconsider them Senate should consider and confirm prevents people from having their day
and now, finally, the Senate is being them without further delay. I will ask in court. This is unacceptable.
allowed to consider these sorely needed that a copy of the article be printed in We can consider and confirm this
judges for Illinois and California. the RECORD. President’s nominations to the Federal
Justice Sue Myerscough and Judge Besides the nominees to fill vacan- bench in a timely manner. President
James Shadid were each nominated to cies in the District of Columbia, also Obama has worked with Democratic
fill emergency vacancies in the Central reported from the Judiciary Com- and Republican home State Senators
District of Illinois. I have spoken on mittee and before the Senate are nomi- to identify superbly qualified, con-
numerous occasions over the last 2 nees to fill judicial vacancies in North sensus nominations. None of the nomi-
years about the need for the Senate to Carolina, and a judicial emergency va- nations on the Executive Calendar are
confirm them. I urged their consider- cancy in New York. The Judiciary controversial. They all have the sup-
ation in my statement last Monday Committee has also now considered the port of their home State Senators, Re-
and am thankful that they are being renomination of Susan Carney of Con- publicans and Democrats. All have a
sroberts on DSKD5P82C1PROD with SENATE
considered tonight. necticut to the Second Circuit and Mi- strong commitment to the rule of law
Their confirmations will help relieve chael Simon to be a district court and a demonstrated faithfulness to the
the chief judge of that district, who is judge in Oregon. More than half of the Constitution.
the only active judge for the entire dis- Republicans on the Judiciary Com- During President Bush’s first term,
trict. I have previously recounted how mittee voted in favor of those nomina- his first 4 tumultuous years in office,
Chief Judge McCuskey wrote to Sen- tions. They should be debated and con- we proceeded to confirm 205 of his judi-
ator DURBIN last November urging the firmed without delay, as well. cial nominations. We confirmed 100 of
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S1320 CONGRESSIONAL RECORD — SENATE March 7, 2011
those during the 17 months I was Chair- first nominated for a seat on the U.S. Court twice been selected by Chief Justices of
man during President Bush’s first 2 of Appeals for the 9th Circuit in 2009. the Supreme Court to serve on a na-
years in office. So far in President The University of California law professor tional advisory committee that reviews
has faced intense criticism from Republicans
Obama’s third year in office, the Sen- for his liberal views and for repeatedly
criminal court rules.
ate has only been allowed to consider amending the materials he has provided to In short, Judge Battaglia’s career
70 of his Federal circuit and district the Judiciary Committee.∑ stands out as a testament to his dedi-
court nominees. We remain well short Mr. DURBIN. I suggest the absence of cation and devotion to the law and
of the benchmark we set during the a quorum. legal community of San Diego, both in-
Bush administration. When we ap- The PRESIDING OFFICER. The side and outside the courtroom.
proach it we can reduce vacancies from clerk will call the roll. I close my comments here by con-
the historically high levels at which The legislative clerk proceeded to gratulating the judge and his family on
they have remained throughout these call the roll. this momentous day, and I urge my
first three years of the Obama adminis- Mr. DURBIN. Mr. President, I ask colleagues to confirm this highly quali-
tration to the historically low level we unanimous consent that the order for fied nominee to the Federal bench.
reached toward the end of the Bush ad- the quorum call be rescinded. I am very grateful to the Judiciary
ministration. The PRESIDING OFFICER. Without Committee, which twice voted him out
I ask unanimous consent that the CQ objection, it is so ordered. of the committee. We are grateful for
article to which I referred be printed in Mr. DURBIN. Mr. President, I ask that.
the RECORD. unanimous consent that any time dur- GOVERNMENT SHUTDOWN PAY
There being no objection, the mate- ing the quorum be equally divided be- I would like to add a comment on an-
rial was ordered to be printed in the tween both the Republican and Demo- other matter—the Boxer-Casey bill
RECORD, as follows: cratic sides. that was passed here and sent over to
[From CQ Today Online News, Feb. 28, 2011] The PRESIDING OFFICER. Without the House. The bill says that if there
JUDGES: ‘‘TOTALLY BROKEN’’ CONFIRMATION objection, it is so ordered. were to be a shutdown of government,
PROCESS CAUSING ‘‘DIRE’’ CASE BACKLOGS Mr. DURBIN. I suggest the absence of which I know nobody wants, but if
(By Seth Stern) a quorum. there were to be one, Members of Con-
Two federal judges criticized the slow pace The PRESIDING OFFICER. The gress should not get their pay. They
of judicial confirmations Monday, saying clerk will call the roll. should not get their pay and they
cases are backlogged and judges over- The assistant legislative clerk pro- should not get retroactive pay because
whelmed at the trial court level. ceeded to call the roll. this is a very basic responsibility we
Speaking at a Brookings Institution event Mrs. BOXER. Mr. President, I ask have—to keep the government running,
on judicial nominations, Royce Lamberth, unanimous consent that the order for to make sure Social Security recipi-
the chief judge of the U.S. District Court for the quorum call be rescinded. ents receive checks on time, and dis-
the District of Columbia, said the confirma-
The PRESIDING OFFICER. Without abled veterans, too, and make sure
tion process is ‘‘totally broken’’ and that the
pattern of ‘‘paybacks and the bickering have objection, it is so ordered. Superfund sites are cleaned up and the
been thoroughly bipartisan.’’ Mrs. BOXER. Mr. President, I am NIH continues functioning so they can
Lamberth, who was appointed by President honored today to support the nomina- find cures for the diseases that plague
Ronald Reagan in 1987, raised similar con- tion of Judge Anthony Battaglia to the our families.
cerns in a speech in March 2009, just after Southern District of California. I had It is fair to say the two parties have
the start of the Obama administration. But the great privilege of recommending different views on how to approach the
he said he was increasingly concerned by the Judge Battaglia to President Obama to deficit. The party I am proud to belong
delays in the confirmation of federal trial
serve on the Southern District Court. to believes—and we showed it under
judges, which has only worsened in the two
years since. He is widely respected in the San Diego the leadership of Bill Clinton—we can
‘‘I say to both Democrats and Republicans, legal community. He will make an ex- balance the budget but not threaten
you are injuring the country,’’ Lamberth cellent addition to the bench. I have a job creation. We did it under Bill Clin-
said. committee that is set up in all the var- ton, but we did it smartly, we did it
Lamberth was joined on the panel by Wil- ious areas over California, and they wisely, and the millionaires did pay
liam Furgeson Jr., a Texas district court recommended him to me, and I was their fair share, as opposed to some of
judge who said judges’ growing caseloads re- proud to recommend him to the Presi- the proposals in H.R. 1 that came out
sulting from the vacancies in his district in
dent. I congratulate him and his family of the House that at the minimum
western Texas are a ‘‘desperate problem’’
that results in ‘‘assembly-line justice.’’ on this important day. would cost, according to the econo-
Furgeson called the situation on the bor- Judge Battaglia was born and raised mists, 200,000 jobs. We have heard esti-
der ‘‘dire,’’ adding it was a ‘‘giant mystery’’ in San Diego. He is a graduate of the mates of 800,000 jobs. We cannot afford
why senators now fight over trial court U.S. International University, now to lose that many jobs just as this
judges. Alliant International University, and economy is getting to the point where
Chief Justice John G. Roberts Jr. had also California Western School of Law in jobs are being created in decent num-
emphasized the ‘‘persistent problem’’ of va- San Diego. He has practiced law for 35 bers.
cancies on the federal bench in his annual re-
years in San Diego, and for 19 years he Yes, we need to trim the deficit, and
port on the state of the judiciary released in
December. was a private practitioner with a very yes, we have to make sure we do not
‘‘Each political party has found it easy to strong record as a litigator. knock this economic recovery off
turn on a dime from decrying to defending For the past 16 years, Judge track. Therefore, it is essential that
the blocking of judicial nominations, de- Battaglia has served with distinction the parties work together because if we
pending on their changing political for- as a magistrate judge for the Southern each just stay in our camps, we are
tunes,’’ Roberts wrote in the report. District. He has a reputation as a never going to get anything done.
Only 67 percent of Obama’s district court judge’s judge, which means the judges Let’s do this in a wise way. It is true
nominees were confirmed during his first two
believe he is very hard-working, that we had an election and the House
years in office, compared to 92 percent for
George W. Bush and 87 percent for Bill Clin- thoughtful, and fair. Local lawyers changed hands. Guess what. The Sen-
ton, according to statistics compiled by Rus- praise him for being well prepared for ate didn’t, and the White House is not
sell Wheeler, a visiting fellow at the liberal- hearings and for trials, and he is very up for election for 2 more years, so you
leaning Brookings Institution, and 83 of 677 diligent in moving cases forward. He cannot go around saying there was an
district court seats were vacant as of Feb. 25. has presided over 22 trials that have election and the election said that the
sroberts on DSKD5P82C1PROD with SENATE
The Senate has confirmed six district gone to verdict during his tenure on Republicans get everything they want.
court judges so far this year, including two the bench. That just does not make any sense.
more Monday: Amy Totenberg and Steve C.
Equally important is Judge Having come back from that elec-
Jones to the Northern District of Georgia.
On Wednesday, the Senate Judiciary Com- Battaglia’s dedication to service out- tion, I want to say it was about jobs—
mittee will hold a second confirmation hear- side the courtroom. He is a past presi- jobs, jobs, jobs. My opponent essen-
ing for President Obama’s most controver- dent of the national Federal Mag- tially asked every morning, every
sial judicial nominee: Goodwin Liu, who was istrate Judges Association and has noon, and every night: Where are the
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March 7, 2011 CONGRESSIONAL RECORD — SENATE S1321
jobs? And that was a fair question. I Outside of the courtroom, Judge We will continue in our efforts, but
said to her and I said to my people in Battaglia has generously given his again, I would remind everyone that
California: We are not creating jobs at time to train and educate other law- while we in the Senate are doing our
a fast enough pace; we have to do bet- yers and judges by, for example, writ- part, the administration must also be
ter. As I stand here, how could I ever ing extensively in local bar journals engaged in this process. I would note
betray what I said in the campaign and and leading instructional workshops that 24 of the 41 vacant seats deemed to
vote for a plan that would cut between and seminars across the country. be judicial emergencies have no nomi-
200,000 and 800,000 jobs, the Republican He has been appointed by Chief Jus- nee. Of the additional 54 vacancies, 28
plan from the House? tice John Roberts to represent mag- have no nominee.
We have to get our act together here istrate judges across the country on I am perplexed as to why the Presi-
and meet somewhere in the middle. If the Judicial Conference. He has served dent would ignore these pending vacan-
you look at the Republican plan, I as president of the Federal Magistrate cies and instead spend time and re-
think it was $100 billion off the Presi- Judges Association. And he has been sources to send up a nomination for a
dent’s budget. Our plan is about, now, president of the San Diego County seat that will not be vacant for some
$50 billion off of the President’s budget. Judges Association. time. I refer to the President’s nomina-
We have met them more than halfway. Prior to his appointment to the tion, on February 16, 2011, of Scott
Let’s get this thing done. If we get this bench, Battaglia was an equally well Skavdahl, to be United States District
done and do it in responsible way, yes, regarded litigator—first with the law Judge for the District of Wyoming.
we will get this deficit on the right offices of John Marin, then as a sole This seat will not be vacant until July
path. But to hold out this idea that we practitioner, and finally as a partner in 24, 2011, when the current judge will re-
are going to go after just 12 percent of the firm of Battaglia, Fitzpatrick, & tire. I do not understand the adminis-
the budget and the things the people Battaglia. tration’s priorities when it comes to
really rely on, the roads and the During almost two decades in private judicial nominations. Instead of focus-
bridges and the highways and edu- practice, he tried 23 cases to verdict ing on nominations for future vacan-
cation and cleaning up Superfund sites and handled more than 125 arbitra- cies, I would hope the administration
and the FBI and all the things we rely tions. would use some common sense and di-
His accolades as an attorney included
on—to go after that one small part of rect its efforts towards nominating in-
serving as president of the San Diego
the budget and decimate it the way dividuals for seats which are at least
Bar Association and president of the
H.R. 1 would do would be counter- currently vacant.
San Diego Trial Lawyers Association,
productive. With regard to the nominees on
as well as being named Outstanding
It is a job killer that hurts the mid- whom we will vote this evening, let me
Trial Lawyer by the San Diego Trial
dle class, and we cannot go that way. say a few words about each.
Having said all of this, I am sure we Judge Joseph Battaglia is nominated
Judge Battaglia will bring to the dis-
are going to see a vote on H.R. 1. I am trict court a wealth of experience as an to be a U.S. district judge for the
pretty sure we are going to see a vote attorney, as well as a top-notch record Southern District of California. He
on H.R. 1, and I do not think it is going as a judge. presently serves in that district as a
to get enough votes to pass. Then we I commend Senator BOXER for recom- U.S. magistrate judge. He was first ap-
will take the proposal of the Demo- mending him for this position, and I pointed to that position in 1993. In ad-
crats that Vice President BIDEN has am very pleased to support his nomina- dition to serving as a magistrate judge,
put forward and see what that does. If tion. Judge Battaglia has served on the Ju-
neither gets the requisite number of I yield the floor. dicial Conference of the United States
votes, we are going to have to keep The PRESIDING OFFICER. The Sen- Advisory Committee on Rules of Crimi-
talking. But we cannot continue with ator from Iowa is recognized. nal Procedure, on the Ninth Circuit Ex-
these 2-week extensions. It is abso- Mr. GRASSLEY. Mr. President, ecutive Board of Magistrate Judges,
lutely irresponsible. Imagine taking today we continue in our efforts to and as a Magistrate Judge Observer on
billions of dollars out of the Federal lessen the burden our overworked the Judicial Council of the Ninth Cir-
budget every 2 weeks. It is going to be courts currently face. We are about to cuit. In 2009, Judge Battaglia was ap-
tens of thousands of jobs in every one confirm three more judicial nominees. pointed by Chief Justice Roberts as
of our States that are lost. Two of the three nominees we will vote Magistrate Judge Observer to the Judi-
In summing up, I hope the Speaker of on tonight are for seats designated as cial Conference of the United States.
the House over there will take up our judicial emergencies. With our action Judge Battaglia received his B.A.
bill quickly, make sure that Members today, in only 22 days the Senate has from the U.S. International University
of Congress are not treated any better been in session, the Senate has con- and his J.D. from California Western
than anybody else. And we will hope- firmed 10 nominees. School of Law. He spent almost two
fully avert a shutdown. But if there is With these votes tonight, we will decades working in private practice,
one, we are treated like every other have confirmed 19 percent of President and also acted as an arbitrator for the
Federal employee, no budget, no pay. Obama’s judicial nominees submitted San Diego Superior Court, serving on
I am very grateful to the Judiciary in this Congress. This pace far exceeds many panels. The American Bar Asso-
Committee for giving us the oppor- the progress made at this point in the ciation Standing Committee on the
tunity to vote for Anthony Battaglia 108th Congress, which was the begin- Federal Judiciary unanimously rated
who is going to make a great judge for ning of the third year of President him ‘‘Well-Qualified.’’
the U.S. District Court for the South- Bush’s Presidency. At this point, the This evening, we will also vote on
ern District of California. 108th Congress had confirmed only 4 of two nominees to the Central District of
Mrs. FEINSTEIN. Mr. President, I the 48 nominations sent to the Senate, Illinois. Both of these vacancies are
rise to speak in strong support of the about an 8 percent confirmation rate. considered to be judicial emergencies.
nomination of Magistrate Judge Tony Our fast pace on the floor is matched Judge James E. Shadid received his
Battaglia to be a Federal district judge by our rapid pace in committee. We B.S. from Bradley University and his
in the Southern District of California. held our third nominations hearing J.D. from the John Marshall Law
Judge Battaglia is a highly regarded this past Wednesday. We have now School. Upon admission to the Illinois
jurist in the San Diego area. For more heard from 13 judicial nominees and bar, Judge Shadid opened his own law
than 17 years, he has served as a mag- have reported 16 favorably. Our work in practice. He maintained his law prac-
sroberts on DSKD5P82C1PROD with SENATE
istrate judge. He has seen more than 20 committee and on the floor indicates a tice until 2001, when he was appointed
cases to verdict or judgment, has man- cooperative effort between me, the by the Illinois Supreme Court to fill a
aged both individual and large class ac- chairman of the Judiciary Committee vacancy on the Tenth Judicial Circuit.
tion suits, and has presided over mat- and our leadership. It is an indication He was elected to a full term in 2002
ters ranging from environmental of the progress that can be made when and re-elected in 2008.
claims to commercial contract dis- the President nominates consensus While in private practice, he served
putes to criminal and civil rights cases. nominees. as a part-time public defender at the
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S1322 CONGRESSIONAL RECORD — SENATE March 7, 2011
Peoria County Public Defender’s Of- first comprehensive set of reforms to lina (Mrs. HAGAN), the Senator from
fice. He also served an assistant attor- our Nation’s patent process in almost Vermont (Mr. LEAHY), and the Senator
ney general for the State of Illinois. He 60 years. Sixty years. from Vermont (Mr. SANDERS) are nec-
was appointed by Governor Jim Edgar A lot has changed since then. The essarily absent.
to serve as a commissioner of the Court America Invents Act will create a legal Mr. KYL. The following Senators are
of Claims in Illinois. The American Bar framework that reflects current tech- necessarily absent: the Senator from
Association Standing Committee on nology and a climate in which innova- Utah (Mr. HATCH), the Senator from
the Federal Judiciary rated Judge tion can flourish. In doing so, it will South Carolina (Mr. DEMINT), the Sen-
Shadid as ‘‘Qualified’’ by a substantial unleash the power of our Nation’s sin- ator from Nevada (Mr. ENSIGN), the
majority, while a minority rated him gle most precious resource, the inge- Senator from North Dakota (Mr.
‘‘Well Qualified.’’ nuity of our people. I point out that it HOEVEN), the Senator from Georgia
Also nominated to a judicial emer- will do it without adding a penny to (Mr. ISAKSON), the Senator from Alaska
gency vacancy for the Central District our deficit. (Ms. MURKOWSKI), and the Senator from
of Illinois is Judge Sue E. Myerscough. An improved patent process will Kentucky (Mr. PAUL).
Judge Myerscough received her B.A. spark the kind of job creation and busi- Further, if present and voting, the
with honors, from Southern Illinois ness growth our economy needs right Senator from Utah (Mr. HATCH) would
University, and her J.D. from Southern now. I know you know that in Dela- have voted ‘‘yea.’’
Illinois School of Law. Upon gradua- ware—and we certainly know it in Min- The PRESIDING OFFICER. Are there
tion from law school, she served as a nesota. Those are not Democratic pri- any other Senators in the Chamber de-
law clerk to the Honorable Harold A. orities—the priorities of competitive- siring to vote?
Baker of the U.S. District Court for the ness and innovation—and they are not The result was announced—yeas 89,
Central District of Illinois. Republican priorities, they are Amer- nays 0, as follows:
Judge Myerscough was in private ican priorities. [Rollcall Vote No. 32 Exe.]
practice for approximately 6 years be- I urge all Senators to support the YEAS—89
fore being elected as an associate cir- motion so we can move forward with Akaka Feinstein Moran
cuit court judge for the Seventh Judi- this important legislation. I thank Alexander Franken Murray
cial Circuit of Illinois. Judge Senator GRASSLEY for all his work on Ayotte Gillibrand Nelson (NE)
Barrasso Graham Nelson (FL)
Myerscough later became a circuit this bill and Senator LEAHY as well, Baucus Grassley Portman
judge for the Seventh Circuit. In 1998 and all the rest of the Judiciary Com- Begich Harkin Pryor
she was elected as an appellate court mittee. Bennet Hutchison Reed
justice of the Illinois Appellate Court, I yield the floor, and we will soon Bingaman Inhofe Reid
Blumenthal Inouye Risch
Fourth District. The American Bar As- have an update on whether we can Blunt Johanns Roberts
sociation Standing Committee on the yield back the time to start the votes Boozman Johnson (SD)
Federal Judiciary unanimously rated at 5:30. Boxer Johnson (WI)
Mr. GRASSLEY. Mr. President, we Brown (MA) Kerry
Judge Myerscough as ‘‘Qualified.’’ Brown (OH) Kirk
I congratulate these three nominees are prepared to yield back the balance Burr Klobuchar
of time on this side. Shaheen
and wish them well in their public Cantwell Kohl
service as a U.S. district judge. Ms. KLOBUCHAR. Mr. President, I Cardin Kyl
I yield the floor. suggest the absence of a quorum. Casey Lautenberg Stabenow
The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Chambliss Lee Tester
ator from Minnesota. clerk will call the roll. Coats Levin Thune
Coburn Lieberman Toomey
Ms. KLOBUCHAR. I ask unanimous The assistant bill clerk proceeded to
Cochran Lugar Udall (CO)
consent to speak as in morning busi- call the roll. Collins Manchin Udall (NM)
ness. Ms. KLOBUCHAR. I ask unanimous Coons McCain Vitter
The PRESIDING OFFICER. Without consent that the order for the quorum Corker McCaskill Warner
objection, it is so ordered. call be rescinded. Cornyn McConnell Webb
Crapo Menendez Whitehouse
Ms. KLOBUCHAR. Mr. President, I The PRESIDING OFFICER. Without Durbin Merkley Wicker
first wanted to alert Senators that we objection, it is so ordered. Enzi Mikulski Wyden
will most likely be voting somewhere Ms. KLOBUCHAR. I ask unanimous
around 5:30. We are still working on an consent that all remaining time on
Conrad Hatch Murkowski
agreement about yielding back time, both sides be yielded back. DeMint Hoeven Paul
but I thought people would like to The PRESIDING OFFICER. Without Ensign Isakson Sanders
know that. objection, it is so ordered. Hagan Leahy
The other thing I wish to note is to NOMINATION OF SUE E. MYERSCOUGH The nomination was confirmed.
first urge my colleagues to confirm the Under the previous order, the nomi- VOTE ON NOMINATION OF ANTHONY J.
judges before us tonight, and then I nation of Sue E. Myerscough, of Illi- BATTAGLIA
wish also to briefly say a few words nois, to be United States District The PRESIDING OFFICER. The
about the third vote we are going to be Judge for the Central District of Illi- question is, Will the Senate advise and
taking in this sequence. nois is confirmed. consent to the nomination of Anthony
AMERICA INVENTS ACT VOTE ON NOMINATION OF JAMES E. SHADID J. Battaglia, of California, to be United
In a few moments the Senate will Ms. KLOBUCHAR. Mr. President, I States District Judge for the Southern
take another important step toward ask for the yeas and nays. District of California?
passing the America Invents Act. This The PRESIDING OFFICER. Is there a The Senator from Minnesota.
bipartisan bill will go a long way in en- sufficient second? Ms. KLOBUCHAR. Mr. President, I
suring our country remains the world There appears to be. ask unanimous consent that the next
leader in entrepreneurship, research, The yeas and nays were ordered. two votes be 10-minute votes.
and development and, of course, inno- The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there
vation. question is, Will the Senate advise and objection?
Over the course of last week, every consent to the nomination of James E. Without objection, it is so ordered.
Senator had an opportunity to come to Shadid, of Illinois, to be United States Ms. KLOBUCHAR. Mr. President, I
the floor and weigh in on this bill with District Judge for the Central District ask for the yeas and nays.
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amendments. We made a lot of of Illinois? The PRESIDING OFFICER. Is there a
progress, and as a result I am pleased The clerk will call the roll. sufficient second?
to say we have a bill that is even better The assistant bill clerk proceeded to There appears to be a sufficient sec-
than the one we started with, a truly call the roll. ond.
bipartisan product which will bring our Mr. DURBIN. I announce that the The clerk will call the roll.
patent system into the 21st century. If Senator from North Dakota (Mr. The assistant legislative clerk called
passed, this legislation will make the CONRAD), the Senator from North Caro- the roll.
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March 7, 2011 CONGRESSIONAL RECORD — SENATE S1323
Mr. DURBIN. I announce that the Senate the pending cloture motion, all of this without spending a dollar of
Senator from North Dakota (Mr. which the clerk will state. taxpayer money. This is a jobs bill that
CONRAD), the Senator from North Caro- The assistant legislative clerk read doesn’t add a cent to the deficit. Sup-
lina (Mrs. HAGAN), the Senator from as follows: porters of this legislation come from
Vermont (Mr. LEAHY), the Senator CLOTURE MOTION both sides of the aisle, from every cor-
from Vermont (Mr. SANDERS), and the We, the undersigned Senators, in accord- ner of the country, and from every
Senator from Virginia (Mr. WEBB) are ance with the provisions of rule XXII of the component of the patent community.
necessarily absent. Standing Rules of the Senate, hereby move This country’s first patent was issued
Mr. KYL. The following Senators are to bring to a close debate on S. 23, the Amer- to a Vermonter. Thomas Jefferson, the
necessarily absent: the Senator from ica Invents Act.
Harry Reid, Patrick J. Leahy, Debbie
Secretary of State, examined the appli-
Nevada (Mr. ENSIGN), the Senator from Stabenow, John F. Kerry, Jeanne cation, and President George Wash-
Utah (Mr. HATCH), the Senator from Shaheen, Christopher A. Coons, Tom ington signed it. A lot has changed in
North Dakota (Mr. HOEVEN), the Sen- Harkin, Mark Begich, Jeff Bingaman, the more than 220 years since that first
ator from Georgia (Mr. ISAKSON), the Al Franken, Kay R. Hagan, Michael F. patent was issued. We cannot remain
Senator from Alaska (Ms. MURKOWSKI), Bennet, Richard Blumenthal, Sheldon complacent and expect to remain at
and the Senator from Kentucky (Mr. Whitehouse, Amy Klobuchar, Bill Nel- the forefront of innovation. Enacting
PAUL). son, Benjamin L. Cardin, Richard J. the America Invents Act is one way in
Further, if present and voting, the Durbin.
which we can come together and show
Senator from Utah (Mr. HATCH) would (At the request of Mr. REID, the fol- the American people that we in Wash-
have voted ‘‘yea.’’ lowing statement was ordered to be ington are working together with the
The PRESIDING OFFICER (Mr. printed in the RECORD.) future of our country in mind.
MANCHIN). Are there any other Sen- ∑ Mr. LEAHY. Mr. President, today the I commend Austan Goolsbee, the
ators in the Chamber desiring to vote? Senate will take another step toward chair of the President’s Council of Eco-
The result was announced—yeas 89, completing action on the America In- nomic Advisers, for his white board
nays 0, as follows: vents Act. This is commonsense legis- presentation today on the importance
[Rollcall Vote No. 33 Exe.]
lation that will make the first com- of patent reform to help America win
prehensive reforms to our Nation’s pat- the global competition and create jobs.
ent system in nearly 60 years. The de- The creation of more than 220,000 jobs
Akaka Enzi Mikulski
Alexander Feinstein Moran
bate on this bill since its introduction in the private sector last month, the
Ayotte Franken Murray 6 years ago has been long, and the com- creation of 1.5 million jobs over the
Barrasso Gillibrand Nelson (NE) promises have been many. I am con- last 12 months, and the unemployment
Baucus Graham Nelson (FL) fident that the bill before us today
Begich Grassley Portman rate finally being reduced to 8.9 per-
Bennet Harkin makes the needed changes to bring the cent are all signs that the efforts we
Bingaman Hutchison Reed U.S. Patent and Trademark Office into have made over the last 2 years to
Blumenthal Inhofe Reid the 21st century.
Blunt Inouye stave off the worst recession since the
Risch The America Invents Act is bipar-
Roberts Great Depression are paying off and
Boxer Johnson (SD) tisan legislation that has resulted from
Rockefeller the economic recovery is taking hold.
Brown (MA) Johnson (WI) deliberation in both the Senate and
Brown (OH) Kerry
Rubio The almost full percent point drop in
Schumer House. It has been the topic of more
Burr Kirk the unemployment rate over the last
Sessions than a dozen hearings and committee
three months is the largest decline in
Cardin Kohl meetings in the Senate, and countless
Shelby unemployment since 1983. Despite
Carper Kyl hours of meetings and negotiations. I
Casey Landrieu Snowe interruptions of economic activity in
Stabenow had hoped to complete action on this
Chambliss Lautenberg many parts of the country caused by
Coats Lee Tester legislation last week. The additional
winter weather over the last months
Coburn Levin time has allowed every Senator the op-
Cochran Lieberman Toomey and days, despite the extraordinary
portunity to come to the floor and
Collins Lugar Udall (CO) rise in oil prices, the Dow Jones indus-
Udall (NM) speak about the important matters en-
Coons Manchin trial average has climbed back to over
Corker McCain Vitter compassed by this bill. We have de-
12,000 from a low point of 6,500. Passage
Cornyn McCaskill bated and adopted relevant amend-
Crapo McConnell Whitehouse of the America Invents Act should help
ments and debated and rejected other
DeMint Menendez Wicker bolster our economic recovery and
Durbin Merkley Wyden amendments, including some that were
keep us on the right path toward busi-
not even relevant to this legislation.
NOT VOTING—11 ness development and job creation.
This is a bill that does not spend a dol-
Conrad Hoeven Paul I urge all Senators to support the
lar of taxpayer money and does not add
Ensign Isakson Sanders cloture motion on the America Invents
Hagan Leahy Webb to the deficit. It will directly result in
Act. The Nation’s economy, American
Hatch Murkowski millions of dollars being saved, and in-
inventors and innovators, our competi-
The nomination was confirmed. directly in helping unleash American
tive edge in the global marketplace all
The PRESIDING OFFICER. Under innovation to create jobs and help bol-
will be helped when we pass this impor-
the previous order, the motions to re- ster our economy.
Now is the time to act. Now is the tant bill.∑
consider are considered made en bloc The PRESIDING OFFICER. By unan-
and laid upon the table en bloc. time to vote. Now is the time to move
forward with this job-creating bill that imous consent, the mandatory quorum
Under the previous order, the Presi- call has been waived.
dent will be immediately notified of will help boost our economy and re-
store America’s competitive edge in The question is, Is it the sense of the
the Senate’s action. Senate that debate on S. 23, the Patent
the global marketplace.
f Modernizing our patent system Reform Act of 2011, shall be brought to
through the America Invents Act will a close?
make America more competitive. It The yeas and nays are mandatory
The PRESIDING OFFICER. Under protects innovators and inventors large under the rule.
the previous order, the Senate will re- and small, from the small independent The clerk will call the roll.
sume legislative session. inventor in Middlesex, VT, to cutting- The legislative clerk called the roll.
sroberts on DSKD5P82C1PROD with SENATE
f edge manufacturers and innovators in Mr. DURBIN. I announce that the
Ohio and California. It will give the Senator from North Dakota (Mr.
PATENT REFORM ACT OF 2011— Patent and Trademark Office the tools CONRAD), the Senator from Vermont
Resumed it needs to process and award the pat- (Mr. LEAHY), the Senator from
CLOTURE MOTION ent for what may be the next life-sav- Vermont (Mr. SANDERS), and the Sen-
The PRESIDING OFFICER. Pursuant ing device or life-changing invention. ator from Virginia (Mr. WEBB) are nec-
to rule XXII, the Chair lays before the And the America Invents Act will do essarily absent.
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S1324 CONGRESSIONAL RECORD — SENATE March 7, 2011
I further announce that, if present modified with the changes that are at cense or other ownership interest in the par-
and voting, the Senator from Vermont the desk; further, that the amendment, ticular application to such State public in-
(Mr. LEAHY) would vote ‘‘yea.’’ as modified, be agreed to, that the mo- stitution, which is in a jurisdiction that is
eligible to qualify under the Research Infra-
Mr. KYL. The following Senators are tion to reconsider be considered made
structure Improvement Grant Program ad-
necessarily absent: the Senator from and laid upon the table, and that there ministered by the Office of Experimental
Nevada (Mr. ENSIGN), the Senator from be no intervening action or debate. Program to Stimulate Competitive Research
Utah (Mr. HATCH), the Senator from The PRESIDING OFFICER. Without (EPSCoR).’’.
North Dakota (Mr. HOEVEN), the Sen- objection, it is so ordered. AMENDMENT NO. 152 TO AMENDMENT NO. 143
ator from Georgia (Mr. ISAKSON), the The amendment (No. 141), as modi- Mr. REID. Mr. President, I now call
Senator from Alaska (Ms. MURKOWSKI), fied, was agreed to, as follows: up a second-degree amendment, which
and the Senator from Kentucky (Mr. (Purpose: To clarify that section 14 shall not is No. 152.
PAUL). apply to an invention that is a computer The PRESIDING OFFICER. The
Further, if present and voting, the program product or system used solely for
clerk will report.
Senator from Utah (Mr. HATCH) would preparing a tax or information return or
other tax filing) The legislative clerk read as follows:
have voted ‘‘yea.’’
On page 94, between lines 22 and 23, insert The Senator from Nevada [Mr. REID] pro-
The PRESIDING OFFICER. Are there poses an amendment numbered 152 to amend-
any other Senators in the Chamber de- the following:
(e) EXCLUSION.—This section does not ment No. 143.
siring to vote?
apply to that part of an invention that is a Mr. REID. Mr. President, I ask unan-
The result was announced—yeas 87, method, apparatus, computer program prod- imous consent that the reading of the
nays 3, as follows: uct, or system, that is used solely for pre- amendment be dispensed with.
[Rollcall Vote No. 34 Leg.] paring a tax or information return or other The PRESIDING OFFICER. Without
YEAS—87 tax filing, including one that records, trans-
objection, it is so ordered.
Akaka Feinstein Merkley mits, transfers, or organizes data related to
such filing. The amendment is as follows:
Alexander Franken Mikulski
Ayotte Gillibrand Moran (Purpose: To provide an effective date)
Mr. REID. Mr. President, I suggest
Barrasso Graham Murray On page 2 of the amendment, after line 11,
Baucus Grassley Nelson (NE) the absence of a quorum.
add the following:
Begich Hagan Nelson (FL) The PRESIDING OFFICER. The
‘‘(e) EFFECTIVE DATE.—Subsection (d) shall
Bennet Harkin Portman clerk will call the roll. take effect 1 year and 1 day after the date of
Bingaman Hutchison Pryor
Blumenthal Inhofe Reed
The legislative clerk proceeded to enactment of the Patent Reform Act of
Blunt Inouye Reid call the roll. 2011.’’.
Boozman Johanns Roberts Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, so everyone
Boxer Johnson (SD) Rockefeller imous consent that the order for the
Brown (MA) Johnson (WI) Rubio knows what this amendment does, we
Brown (OH) Kerry Schumer quorum call be rescinded. looked at the National Science Foun-
Burr Kirk Sessions The PRESIDING OFFICER. Without dation regarding a program called
Cardin Klobuchar Shaheen objection, it is so ordered. EPSCoR. A number of sparsely popu-
Carper Kohl Shelby
Casey Kyl Snowe AMENDMENTS NOS. 114 AND 116, WITHDRAWN lated States are disadvantaged with
Chambliss Landrieu Stabenow Mr. REID. Mr. President, I ask unan- this program. However, in talking with
Coats Lautenberg Tester imous consent to withdraw the pending
Coburn Lee Thune
a number of Senators, this amendment
Cochran Levin Toomey Leahy and Bennet amendments. we are going to seek modification of at
Collins Lieberman Udall (CO) The PRESIDING OFFICER. Without a later time would have no, zero, effect
Coons Lugar Udall (NM) objection, it is so ordered. on scoring. There is no score to it
Corker Manchin Vitter
Cornyn McCain Warner AMENDMENT NO. 143 whatsoever. But we are going to try—
DeMint McCaskill Whitehouse Mr. REID. Mr. President, I call up not trying to, we are going to include
Durbin McConnell Wicker my amendment, which is No. 143, which every State because it costs nothing.
Enzi Menendez Wyden
is at the desk. Even though a lot of States are not
NAYS—3 The PRESIDING OFFICER. The funded adequately with this EPSCoR
Cantwell Crapo Risch clerk will report. money, there is no reason every State
NOT VOTING—10 The legislative clerk read as follows: that has a State university and does
The Senator from Nevada [Mr. REID], for something inventive should have to
Conrad Isakson Sanders
Ensign Leahy Webb himself and Mr. ENSIGN, proposes an amend- pay exorbitant patent fees.
Hatch Murkowski ment numbered 143. It does not cost any money. It is the
Hoeven Paul right thing to do. We will discuss it at
Mr. REID. Mr. President, I ask unan-
The PRESIDING OFFICER. On this imous consent that the reading of the a further time. If someone has some
vote, the yeas are 87, the nays are 3. amendment be dispensed with. problem with it, we will have to make
Three-fifths of the Senators duly cho- The PRESIDING OFFICER. Without a determination. At this stage, I think
sen and sworn having voted in the af- objection, it is so ordered. it would be the right thing for the
firmative, the motion is agreed to. The amendment is as follows: country.
The clerk will report the pending (Purpose: To include public institutions of SATELLITE OFFICES
business. higher education in EPSCOR jurisdictions Mr. BENNET. Mr. President, I thank
The legislative clerk read as follows: in the definition of a micro entity) Chairman LEAHY for working to pass
A bill (S. 23) to amend title 35, United On page 93, before line 18, insert the fol- an amendment I introduced last week
States Code, to provide for patent reform. lowing: with Senator UDALL to authorize the
Pending: ‘‘(d) EPSCOR.—For purposes of this sec- Director of the U.S. Patent and Trade-
tion, a micro entity shall include an appli- mark Office, USPTO, to establish three
Leahy amendment No. 114, to improve the
cant who certifies that—
bill. or more satellite offices. This amend-
‘‘(1) the applicant’s employer, from which
Bennet amendment No. 116, to reduce the
the applicant obtains the majority of the ap- ment will go a long way toward im-
fee amounts paid by small entities request- proving the efficiency and quality at
plicant’s income, is a State public institu-
ing prioritized examination under Three- the USPTO.
tion of higher education, as defined in sec-
tion 102 of the Higher Education Act of 1965 I really appreciate the chairman and
The PRESIDING OFFICER. The ma- (20 U.S.C. 1002), in a jurisdiction that is eligi- ranking member for working with us to
sroberts on DSKD5P82C1PROD with SENATE
jority leader. ble to qualify under the Research Infrastruc- modify the amendment’s language in
AMENDMENT NO. 141, AS MODIFIED ture Improvement Grant Program adminis- order to address colleagues’ concerns
tered by the Office of Experimental Program
Mr. REID. Mr. President, I ask unan- on both sides of the aisle. We struck a
to Stimulate Competitive Research
imous consent that the pending amend- (EPSCoR); or good balance to not tie the hands of
ments be set aside, and I call up an ‘‘(2) the applicant has assigned, granted, the USPTO, allow the Office to take
amendment on behalf of Senators BAU- conveyed, or is under an obligation by con- advantage of the work it has done on
CUS and GRASSLEY, No. 141; that it be tract or law to assign, grant, or convey, a li- the satellite office concept, and ensure
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March 7, 2011 CONGRESSIONAL RECORD — SENATE S1325
that PTO can have an open, competi- led to the selection of Detroit as an ini- Mr. UDALL of Colorado. I look for-
tive process in making determinations tial regional satellite. While Senator ward to working closely with the Sen-
for future regional satellite offices. At UDALL and I were disappointed that ator to advocate for an office in Den-
this moment, I would like to invite the Colorado wasn’t selected, we respect ver. I think a Western office will go a
senior Senator from Colorado, MARK the thoroughness of the USPTO’s re- long way toward ensuring the success
UDALL, to enter into a colloquy to dis- view and do not want all of its hard of our patent system.
cuss this amendment. work in reviewing locations across the Mr. BENNET. I thank the Senator.
The establishment of regional sat- country to go to waste. Mr. SESSIONS. Mr. President, I rise
ellite offices will help the USPTO re- Mr. UDALL of Colorado. There really today to speak in support of S. 23,
cruit and retain workers from across are a number of objective reasons for which largely reflects the agreement
the country. Regional offices will draw choosing Denver. First, opening an of- on patent-reform legislation that Sen-
local scientists, engineers and patent fice in Colorado will permit USPTO to ator LEAHY and I announced last year.
attorneys into the USPTO, which add recruit and hire from a pool of the best The Judiciary Committee has been
real world expertise to the patent re- candidates the U.S. has to offer. Colo- working hard on landmark patent re-
view process. They will also increase rado is home to a great number of tech- form legislation for the past 7 years,
outreach activities and connection to nology workers who would be excellent and has finally reached a broad, bipar-
patent filers; enhance the ability of the long-term patent examiners for an of- tisan agreement. This bill includes im-
USPTO to recruit and retain patent ex- fice located in Colorado. The tech- portant reforms that will improve the
aminers; and improve the quality and nology workforce in Colorado is con- functioning of the Patent and Trade-
pendency for patent applications. sistently ranked in the top-10 in the mark Office and will allow the office to
In short, USPTO Director Kappos has U.S. in many important categories. Ac- reduce its backlog of pending applica-
already taken steps toward estab- cording to a report by Pew Research, tions. The bill also makes the long-
lishing regional satellite offices. Our Colorado is ranked: third for percent of overdue transition to a first-to-file sys-
amendment is intended to build on this workers with a bachelor’s degree or tem, a change that will help ensure
prior work, which I believe provides a more; fifth for number of workers with U.S. inventors receive patents that will
science and engineering degrees per also be entitled to priority in foreign
good foundation for the USPTO im-
capita; fifth for number of scientists countries.
proving its footprint in innovation cen-
and engineers as a percent of the labor This bill has the support of a broad
ters across the country. I know Sen-
force; and second for number of patents range of industries and trade associa-
ator UDALL and I will be advocating for
per 1,000 workers. Additionally, other tions, across the economic spectrum,
a regional satellite office in Denver,
Federal agencies have found Colorado as well as the support of universities,
and of course we expect other advo-
to be a great place to locate an office. patent professional organizations, inde-
cates to point out the merits of their
Outside of the Washington metro area, pendent entrepreneurs and labor
potential sites as well.
Denver has the highest number of Fed- unions. The PTO and the Commerce
Mr. UDALL of Colorado. I would also
eral employees per capita. Department also strongly support this
like to thank the chairman for helping Because Colorado is a very desirable
us pass this important amendment. legislation. While not all interests are
place to live, locating a satellite office
Right now, the European Union uses satisfied, I think it is fair to say that
in Colorado would allow the USPTO to
four geographically diverse patent of- the present agreement has produced a
dramatically improve its ability to re-
fices. By only having one patent office, near consensus on this issue, and has
cruit and retain its most valuable em-
we are at a competitive disadvantage. ployees. According to the report by resulted in the broadest possible sup-
We need to have these regional offices Pew Research, Colorado is ranked first port for this reform.
in order to connect innovators and The most important change made by
for percent of U.S. workers who say
businesses across the country. this bill is its adoption of a first-to-file
they want to live there; and sixth for
The current lack of regional satellite patent system. Under current U.S. law,
the percentage of sunny days. Colorado
offices is even more of a problem when when two different people come up
is also well known for its reasonable
you consider all of the recruitment and cost of living, especially in comparison with the same invention, priority is
retention issues the USPTO is having to cities located on the east and west given to the person who can prove that
with its patent examiner workforce. coasts, and Chicago. he first conceived of the invention and
USPTO is unable to hire and retain Colorado is also centrally located in was able to make it work. Under the
over 6,000 examiners at its single loca- the U.S. and easily accessible to the first-to-file system, by contrast, pri-
tion in Alexandria, VA. This has re- entire country. Our location in the ority is given to the first person who
sulted in one-third of patent examiners middle of the country provides conven- not only conceived of the invention and
having been with the USPTO for less ient access for the technology centers was able to make it work, but who also
than 3 years. USPTO should be recruit- of the West, Midwest, and Rocky filed a disclosure with the PTO ex-
ing examiners from across the country. Mountain regions. plaining the invention and how to
Establishing satellite offices will help Mr. BENNET. I fully agree with Sen- make it work.
the USPTO develop expertise from all ator UDALL. There are a number of The first-to-file system has several
regions of the country—and I know clear, objective reasons why Colorado important advantages over the current
that a satellite office in Denver, CO, should be a regional satellite location system. First, it is easy to verify when
would attract highly qualified exam- for the USPTO. My understanding is an inventor filed a disclosure state-
iners. that in 2010 the USPTO applied a num- ment with the PTO. By contrast, under
Mr. BENNET. I agree with the Sen- ber of criteria to review numerous site the current system, invention priority
ator. We need to be maximizing our possibilities. This criteria included dates are determined by examining the
human capital. I have heard from a patents granted, per capita; scientists inventor’s notebooks and other
number of more senior patent attor- and engineers in the State, per capita; records, all of which must have been
neys and engineers in Denver that proximity to law schools and major re- contemporaneously validated by a
would love to work for the USPTO but search institutions; number of patent third party. The first-to-file system
cannot uproot their families across the attorneys and agents; number of tele- not only dispenses with expensive dis-
country. Having a satellite office in working PTO patent examiners; and covery into ‘‘what did the inventor
places like Denver will make sure we presence of Federal employees, office know and when did he know it,’’ it also
are taking advantage of these high- space. This approach makes sense. By allows the public to easily determine
sroberts on DSKD5P82C1PROD with SENATE
skilled workers. all accounts—and I admit I am biased an invention’s priority date—and
While our amendment provides for an here—Denver is at the top. It is my whether a patent for the invention is
open process and does not constrain strong view that when you factor in valid in light of the prior art. Addition-
the USPTO in making determinations our central location and accessibility ally, the first-to-file system, combined
for future offices, we do hope that the to the rest of the country, it makes with the use of provisional applications
Office can build on its decision making sense for an office to be located in Den- for patents, also provides an inexpen-
process in 2010. This process ultimately ver. sive and secure way for small inventors
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S1326 CONGRESSIONAL RECORD — SENATE March 7, 2011
to protect their patent application Mr. REID. Mr. President, I know my viduals to thrive, we need access to re-
while discussing the invention with friend was preoccupied. I knew he liable, affordable energy. I support an
possible investors and other third par- wanted to do that. The unanimous con- energy policy that I like to say is akin
ties. sent agreement said whatever time he to a four-legged stool or another way of
Other reforms included in the bill may consume. saying it is all of the above—obviously,
will improve the quality of U.S. pat- The PRESIDING OFFICER. The Sen- all the sources of petroleum we can get
ents over the long term. The bill cre- ator from Iowa. our hands on, and more domestically,
ates a new post-grant review of pat- f obviously, than import, all sorts of al-
ents, which can be sought within the ternative energy. Conservation has to
first 9 months after the patent is issued ENERGY
be a leg of that stool and, obviously,
and used to raise any challenge to the Mr. GRASSLEY. Mr. President, the nuclear energy.
patent. This will allow invalid patents American economy remains on an un- So to be repetitive: First, we have to
that were mistakenly issued by the settled footing, as we all know. There have access to oil and gas resources
PTO to be fixed early in their life, be- are some real signs of economic recov- here at home. Two years ago, when gas
fore they disrupt an entire industry or ery, but it shows a very fragile recov- prices were so high, the rallying cry
result in expensive litigation. ery. The consumer confidence level was ‘‘drill here, drill now.’’ It seems to
The bill also allows third parties to seems to be increasing, and that is me that still is a legitimate rallying
submit prior art relevant to a patent good news. U.S. factory activity is up. cry for us with gas at $3.51 a gallon.
application before the patent is issued. That is good news. But also we are very The idea that we limit our access to
This will help PTO determine if the in- nervous about the housing market re- our own resources, which in turn leads
vention is already in the public domain maining weak. The Nation’s unemploy- us to go hat in hand to foreign dic-
and should not be patented. This provi- ment rate stands at 9 percent—maybe tators such as Hugo Chavez and oil
sion will allow the public to help the officially now 8.9 percent—and now our sheiks is ludicrous. It is silly to be
PTO correct its mistakes, and ensure economy is facing a significant head sending more money overseas to give
that no patent rights are granted for wind due to rising energy prices. people resources to train terrorists to
inventions already available to the Since the unrest began in Tunisia, kill Americans.
public. our energy markets have rocked up- We currently import more than 60
The bill also makes structural re- ward by the uprisings in Egypt and now percent of our crude oil, and it doesn’t
forms to post-grant review that were in Libya. Libya produces only roughly have to be that way. I know we can’t
sought by the PTO. It allows inter 2 percent of the world’s crude oil, with get to energy independence by drilling
partes reexamination to be run as an much of that going to Europe. But even here and drilling now all by itself, but
adjudicative system, and elevates the with Libya producing such a small isn’t it a little foolish to have our
threshold for starting post-grant pro- amount, it still makes a tremendous economy held hostage by events in
ceedings. The PTO has insisted that a impact on the world market of oil. The Libya—North Africa generally—or the
higher threshold is critical to its abil- uncertainty and fear about supplies, Persian Gulf area and particularly with
ity to administer these proceedings. By according to oil speculators, has driven Libya only supplying 2 percent of the
raising the threshold for starting an crude prices to more than $100 a barrel. world’s oil?
inter partes review to a showing of a Prices at the pump were already high The Obama administration needs to
‘‘reasonable likelihood’’ that a patent before the unrest in the Middle East. put an end to the existing policy of a
is invalid, the bill will allow the PTO The events going on in North Africa de facto moratorium through permit-
to avoid accepting challenges that were and the Persian Gulf area just wors- ting; that is, for drilling onshore and
unlikely to win in any event. ened the problem. offshore of our own domestic supply.
The bill also includes many protec- According to the Energy Information We need to make sure we are doing ev-
tions that were long sought by inven- Administration, gas prices jumped 19
tors and patent owners. It preserves es- erything we can to protect workers and
cents during a 1-week period at the end the environment. But permitting
toppel against relitigating in court
of February. This is the second largest delays and obstacles should not pre-
those issues that an inter partes chal-
1-week jump in more than 20 years. I vent our Nation from moving forward
lenger reasonably could have raised in
think over the weekend we learned to developing resources here at home.
his administrative challenge. It im-
that gasoline, in a 2-week period of I also support efforts to expand the
poses time limits on starting an inter
time, is up 33 cents. So Americans are use of clean coal and nuclear energy. I
partes or post-grant review when liti-
now paying, on average, $3.51 a gallon also support conservation efforts. I
gation is pending. And it imposes a
for gas. That, obviously, is about 80 agree that the cheapest form of energy
one-year time limit on the duration of
cents higher than this time last year. is the energy that doesn’t have to be
these proceedings. All of these reforms
The average cost to fill a tank of gas used. That is conservation. Here in the
will help to ensure that post-grant re-
is likely around $50. We all know that Senate, I have supported policies aimed
view operates fairly and is not used for
for a family struggling to make ends at reducing energy use in homes and
purposes of harassment or delay.
I commend the members of the Judi- meet, these are valuable dollars spent buildings through conservation and en-
ciary Committee for the work they at the pump, with most of those dollars ergy-efficient technologies. I see the
have put into this bill and I urge my going overseas. value in reducing overall energy con-
colleagues to support passage. I am sure the Presiding Officer prob- sumption.
ably knows that before this rapid rise I have also been a leader in the Sen-
in the price of oil, we were spending ate in promoting alternative and re-
MORNING BUSINESS $730 million a day to import oil. Obvi- newable energy. Why? Because the sup-
Mr. REID. Mr. President, I ask unan- ously, that is now a much higher fig- ply of fossil fuels is a finite quantity.
imous consent that the Senate proceed ure, probably close to $1 billion a day We must look to alternative and re-
to a period for the transaction of morn- right now. Our country is at risk, our newable resources so we can improve
ing business, and that the 30 hours economy is at risk, our Nation’s secu- our energy and our national security.
postcloture run on the patent bill, and rity is at risk; that is, economic secu- This includes supporting energy from
that Senator GRASSLEY be recognized rity, but also it is related to our na- wind, biomass, hydroelectric, solar,
for whatever time he may use in morn- tional security. Our ever-increasing re- geothermal, and biofuels.
ing business, and that following his liance on foreign sources for energy is I would like to focus now on the ef-
sroberts on DSKD5P82C1PROD with SENATE
statement, Senators be recognized for undermining our Nation’s economic fort to develop homegrown biofuels.
up to 10 minutes each. and national security. The activities in For many years, Congress has realized
The PRESIDING OFFICER. Without the Middle East over the last 6 weeks the need to develop an alternative to
objection, it is so ordered. should be an alarm bell going off. It fossil fuels, particularly as a means of
Mr. GRASSLEY. Mr. President, I ask should, in fact, be a wake-up call. Let reducing our dependence on that fossil
unanimous consent that I may speak me be clear. I know that for our econ- fuel. One of the first priorities was a
for some little time after 10 minutes. omy to grow and for business and indi- tax incentive to encourage the use of
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March 7, 2011 CONGRESSIONAL RECORD — SENATE S1327
homegrown ethanol. For over 100 years, I happen to be a strong supporter of facturers who hope to find a scapegoat
the fossil fuel industry has had a mo- electricity generated from wind and in their desire to increase profits and
nopoly on our transportation fuel. other renewable sources. I first au- raise food prices. They did this just 2
They built the market. They own the thored the production tax credit for years ago, when corn was $7. They
infrastructure. They weren’t about to wind in 1992. Over the years, it has been scapegoated ethanol. They needed a
use a product they didn’t manufacture, expanded to include other types of re- cover to raise the price of food and
own or profit from. So Congress cre- sources. Since as far back as 2003, envi- then, within 7 months, when the price
ated a tax incentive to encourage big ronmental advocacy groups have been of corn was down to half that price,
oil to use the product and make it pushing for a renewable portfolio $3.50 per bushel, did you see the price of
available to their consumers. It was standard, which is a mandate that util- food come down? No. You are going to
paired with an import tariff to make ities around the country use a certain find the same thing now.
sure that only domestic ethanol re- amount of wind or other types of alter- These people continue to perpetuate
ceives the benefit of the tax incentive. native energy instead of coal in the the same tired, baseless arguments to
So the tax incentive and the tariff production of electricity. try to undermine our efforts toward en-
worked together to do two things: The So now what do we hear? They want ergy independence. They are more in-
incentive exists to encourage the use of the production tax credit for wind and terested in protecting market share
domestic ethanol. The tariff exists to other renewable electricity and a man- and profits than national economic se-
ensure that we aren’t giving a tax in- date that it be produced. Yet they op- curity.
centive to already subsidized foreign pose these same policies for biofuels. Over the next few weeks I am going
ethanol. That is an inconsistency. That seems to do everything I can to talk about
In other words, wouldn’t it be silly to to be an intellectually dishonest ap- this issue, to educate the public on the
have a tax incentive for the production proach; that they would like to have benefits of domestic biofuels. I am not
of a domestic alternative energy and this Senator support mandates for going to sit quietly while the energy,
then allow the import of it, which wind as well as a tax incentive for wind environmental, and national security
would have taxpayers subsidizing an al- but lobbying against this Senator’s ap- benefits of ethanol are scoffed at. I in-
ternative form of energy coming in proach to having a tax incentive for tend to beat back every false attack.
from another country? Well, that other alternative energies as well as a The American public deserves an hon-
wouldn’t make sense. mandate. est, fact-based discussion about the
Together, these two approaches en- I have been a champion of ethanol benefits of reducing our dependence on
sure that we don’t replace our depend- and biofuels for a long time. I am well people such as Hugo Chavez and Muam-
ence on foreign oil with a dependence aware of the positive role ethanol is mar Qadhafi. They deserve to hear the
upon foreign ethanol. The incentive playing to create a cleaner environ- benefits of reducing our dependence on
was created to encourage big oil to use ment. It is improving our economic and dirty fossil fuel.
a domestically produced product and a I look forward to continuing this ef-
national security and it is creating
renewable product. In 2005, Congress
jobs and economic activity in rural fort and invite dialog from any of my
created the Renewable Fuels Standard.
America. In 2010, nearly 90 percent of colleagues.
The standard was created to ensure a
all gasoline sold in the United States f
minimum amount of renewable fuels
contained some ethanol. The 13 billion
was used in the fuel supply. It was BIENNIAL BUDGETING
gallons of ethanol produced in the
strongly opposed by big oil, but it was Ms. SNOWE. Mr. President, I rise
United States reduced our oil imports
enacted over their opposition. today to express my support for insti-
In 2007, it was greatly expanded. It by 445 million barrels of oil.
After domestic oil production and tuting biennial budgeting within the
mandates the use of 36 billion gallons U.S. Government. We should reform
of renewable fuel annually by 2022. But imports from Canada, U.S. ethanol pro-
duction is the third largest source of the Federal budget process by con-
that decision, made in 2007, also lim- verting it from an annual spending
ited the amount of ethanol that can be transportation fuel—what we use in in-
ternal combustion engines. U.S. eth- process to a 2-year cycle, with 1 year
made from grain to 15 billion gallons.
anol production is larger than what we for appropriating Federal dollars and
One of the criticisms I hear occasion-
ally is that the ethanol receives both import from Saudi Arabia or even from the following year devoted to oversight
an incentive and a mandate. So I think Hugo Chavez’s Venezuela. Without do- of Federal programs.
mestic biofuels, we would be on bended Under the current budget process,
we should address that point.
First, while the mandate requires knees even more than we are today, Congress almost never finishes the ap-
that the fuel be used, it does not man- begging others for oil. propriations bills by October 1 and is
date that the ethanol be produced do- Just think what has developed in the forced to consider omnibus legislation
mestically. The incentive acts as an 2 weeks of Libya. We have OPEC hav- composed of individual appropriations
encouragement to use homegrown ing to go to Saudi Arabia to make up bills that were never considered on the
products. It increases economic activ- the difference, just because of 2 percent Senate floor. Worse still is that we are
ity at home and works to reduce our of the oil production being affected. often unable to amend an omnibus ap-
dependence upon foreign oil. It doesn’t Why would we want to be more depend- propriations bill and are forced to ac-
do any good if you are importing a do- ent upon foreign sources of energy, par- cept provisions that may be objection-
mestic renewable fuel if it can be done ticularly for our national security? able. Because we are constantly racing
here locally, creating the jobs here. Without domestic biofuels it seems against the clock to finish appropria-
Secondly, the mandate acts as a floor to me that we would be on bended tions, authorizing committees are
to ethanol use. Without the incentive, knees even more than we are today, hampered in their ability to conduct
we would consume a bare minimum. begging others for oil. Ethanol is the effective oversight. This means that we
The incentive encourages ethanol use only reliable, legitimate alternative to have trouble learning about what
beyond the mandate. crude oil. Domestic ethanol currently spending programs work and which
Some in the environmental commu- accounts for nearly 10 percent of our must be modified or eliminated. Budg-
nity are quick to raise objections to transportation fuel. There is no other et reforms are much needed and long
the biofuels mandate as well as the in- renewable fuel that comes close to overdue.
centive. I would like to suggest to achieving the economic, environ- The amendment that I filed today
them that this is a clear example of mental, and national security benefits would require the President to submit
sroberts on DSKD5P82C1PROD with SENATE
limitless hypocrisy and intellectual currently delivered by this biofuel that a 2-year budget at the beginning of the
dishonesty in this town. Many of the we call ethanol. first session of a Congress. Members of
loudest voices against these policies There are other well-funded misin- Congress would then need to adopt a 2-
are the same voices who lobby me for formation campaigns underway to un- year budget resolution, a reconcili-
tax incentives and also mandates for dermine the only alternative to crude ation bill if necessary and 2-year appro-
wind, solar, geothermal, and other re- oil. Big oil has been joined in recent priations bills during that first session.
newable energy. years by opportunistic grocery manu- The legislation ensures the enactment
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S1328 CONGRESSIONAL RECORD — SENATE March 7, 2011
of 2-year appropriations bills by pro- Americans little confidence in their passionate and enthusiastic addresses.
viding a new majority point of order government, lack of congressional I would joke with the audience that I
against consideration of an appropria- oversight over the many programs and needed to spend a few days with the
tions bill that fails to cover 2 years. agencies that dispense taxpayer’s mayor so I could learn how to become
The second session of a Congress would funds, and the surpluses of the 1998–2001 as animated as he was.
then be devoted to the consideration of nowhere to be found. If that does not We all came to know and say his fa-
authorization bills and oversight of tell us that the system is broken, I do mous words he would recite after his
Federal programs. The result is en- not know what does. speeches and proclamations, ‘‘Life’s
hanced oversight that will provide The biennial budget would free up worth living in Fort Smith, Arkansas.’’
greater accountability of government Senate floor time for other matters, I am confident this will always be a
programs and a superior budget proc- help us avoid having to consider an motto for the community, and thanks
ess. end-of-year omnibus bill, and provide to Ray Baker’s determination, perse-
Each year, approximately 40 percent authorizing committees more time to verance and dedication, he certainly
of Congress’s debating time is spent on carry out their oversight responsibil- made Fort Smith a place worth living.∑
appropriations, on the resolution and ities. Biennial budgeting would make f
on the reconciliation process. In some us more effective legislators and enable
years, that number is as high as 60 per- us to make more informed choices on EXECUTIVE AND OTHER
cent, not even reflecting the time that behalf of our constituents. COMMUNICATIONS
the budget process consumes the entire Biennial budgeting is necessary to re- The following communications were
Federal bureaucracy. Moreover turn us to the path of fiscal sustain- laid before the Senate, together with
through February 18 of this year, ability and to allow Congress time to accompanying papers, reports, and doc-
House lawmakers spent 61 hours over 4 engage in meaningful oversight of gov- uments, and were referred as indicated:
days debating 162 of the nearly 600 ernment spending. As such, this legis- EC–825. A communication from the Chair-
amendments filed on the 359-page lation is long overdue and it is my hope man of the Commodity Futures Trading
measure to fund government until Sep- that Congress will finally institute this Commission, transmitting, pursuant to law,
tember. And after all the debate and much needed reform. a report entitled ‘‘Commodity Futures Trad-
consideration last year, Congress failed ing Commission Strategic Plan Fiscal Years
to adopt the budget or pass any of the 2011–2015’’; to the Committee on Agriculture,
13 appropriations bills for the first ADDITIONAL STATEMENTS Nutrition, and Forestry.
EC–826. A communication from the Under
time since the landmark Budget Act of Secretary of Defense (Comptroller), trans-
1974. REMEMBERING C. RAY BAKER mitting, pursuant to law, a report relative to
It is no wonder that the American a violation of the Antideficiency Act that oc-
people are dismayed because all they ∑ Mr. BOOZMAN. Mr. President, today curred within the Research, Development,
have seen is the chaotic nature of the I honor the life of C. Ray Baker, a de- Test and Evaluation account of the Depart-
budgetary process and the failure of voted champion of Fort Smith, AR. ment of the Army and was assigned case
Congress time and time again to meet Ray Baker was a lifelong cheerleader number 08–08; to the Committee on Appro-
statutory deadlines. of Fort Smith, proving his love for the priations.
community through serving its citizens EC–827. A communication from the Under
It is important to have a biennial
for 20 years as mayor. Secretary of Defense (Comptroller), trans-
budget because it will allow the Presi- mitting, pursuant to law, a report relative to
dent—as well as Congress—in the sec- Dedicating countless hours volun-
a violation of the Antideficiency Act that oc-
ond year to fine-tune the budget, re- teering for civic service organizations, curred within the Operation and Mainte-
visit issues, improve oversight activi- he brought an unmatched, contagious nance account of the Department of the
ties, and—if necessary—respond to a energy to ribbon cuttings, Army and was assigned case number 08–04; to
downturn in the economy, such as a re- groundbreakings, awards ceremonies the Committee on Appropriations.
cession. And it would also immeas- and special community events. His EC–828. A communication from the Deputy
commitment to Fort Smith inspired Archivist, National Archives and Records
urably add to accountability to the
the ‘‘Ray Baker Lifetime Achievement Administration, transmitting, pursuant to
American taxpayer. If you ask the law, the report of a rule entitled ‘‘Presi-
American taxpayer, ‘‘Do you think Award.’’
dential Library Facilities; Correction’’
your Federal dollars are being spent He shared his enthusiasm for the (RIN3095–AA82) received in the Office of the
wisely and efficiently?’’—the response community with the generations of President of the Senate on March 4, 2011; to
is a resounding ‘‘no’’ as reflected in students he taught over his 46 years as the Committee on Homeland Security and
many polls and public opinion surveys. an educator. His legacy is far reaching Governmental Affairs.
Only if we improve oversight activities beyond the halls of Southside High f
and examine every program and agen- School where he taught for 44 years.
He received numerous awards and INTRODUCTION OF BILLS AND
cy, will we restore the confidence of
commendations for his years in the JOINT RESOLUTIONS
the American taxpayer in how govern-
ment spends hard-earned tax dollars. classroom including being named Ar- The following bills and joint resolu-
Unfortunately, the battle to get the kansas PTA Teacher of the Year, a tions were introduced, read the first
biennial budget passed is not new. I Milken Family National Educator, Ar- and second times by unanimous con-
have been advocating for budget reform kansas Teacher of the Year and Daugh- sent, and referred as indicated:
for years and have pursued shifting the ters of the American Revolution Na- By Mr. LIEBERMAN (for himself and
federal budgeting process to a biennial tional American History Teacher of the Mrs. HUTCHISON):
system throughout my tenure in the Year. S. 494. A bill to amend the Public Health
Senate. In 1997—the year that led to Ray is a true American hero who not Service Act to establish a national screening
only taught what it means to partici- program at the Centers for Disease Control
record surpluses—I cosponsored the Bi-
and Prevention and to amend title XIX of
ennial Budgeting and Appropriations pate in the government, but also
the Social Security Act to provide States the
Act, S. 261, to amend the Congressional showed his students and the citizens by option to increase screening in the United
Budget Act of 1974 to revise the Federal the example he set. States population for the prevention, early
and congressional budget processes by Ray Baker’s legacy will live on for detection, and timely treatment of
establishing a two-year budgeting and future generations to experience the colorectal cancer; to the Committee on
appropriations cycle and timetable. projects he supported encouraged to Health, Education, Labor, and Pensions.
sroberts on DSKD5P82C1PROD with SENATE
That bill sat dormant in a Senate com- the lives he touched in the classroom By Mr. CASEY:
and civic outings all across the region. S. 495. A bill to expend and enhance exist-
mittee—as did the next four bills of
ing adult day programs for individuals with
this kind that I have cosponsored His energetic spirit has given us all
neurological diseases or conditions, includ-
since. strength, and we are fortunate to have ing multiple sclerosis, Parkinson’s disease,
So we find ourselves with record defi- had his leadership. During the opportu- traumatic brain injury, and other similar
cits, a complicated and time con- nities I had to share the stage with diseases or conditions, to support and im-
suming budget process that gives Mayor Baker, I often had to follow his prove access to respite services for family
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March 7, 2011 CONGRESSIONAL RECORD — SENATE S1329
caregivers who are taking care of such indi- BOXER) was added as a cosponsor of S. the Energy Policy and Conservation
viduals, and for other purposes; to the Com- 344, a bill to amend title 10, United Act to improve energy efficiency of
mittee on Health, Education, Labor, and States Code, to permit certain retired certain appliances and equipment, and
members of the uniformed services who for other purposes.
By Mr. MCCAIN (for himself and Mr.
COBURN): have a service-connected disability to S. 412
S. 496. A bill to amend the Food, Conserva- receive both disability compensation At the request of Mr. LEVIN, the
tion, and Energy Act to repeal a duplicative from the Department of Veterans Af- name of the Senator from New York
program relating to inspection and grading fairs for their disability and either re- (Mr. SCHUMER) was added as a cospon-
of catfish; to the Committee on Agriculture, tired pay by reason of their years of sor of S. 412, a bill to ensure that
Nutrition, and Forestry. military service or Combat-Related amounts credited to the Harbor Main-
By Ms. MIKULSKI (for herself and Mr. Special Compensation, and for other tenance Trust Fund are used for harbor
S. 497. A bill to amend the Immigration
S. 347 S. 439
and Nationality Act to modify the require-
ments of the visa waiver program and for At the request of Mr. BURR, the name At the request of Mr. THUNE, the
other purposes; to the Committee on the Ju- of the Senator from Georgia (Mr. name of the Senator from Mississippi
diciary. CHAMBLISS) was added as a cosponsor of (Mr. WICKER) was added as a cosponsor
By Mr. LIEBERMAN (for himself, Ms. S. 347, a bill to amend the Internal of S. 439, a bill to provide for com-
COLLINS, Mrs. MCCASKILL, and Mr. prehensive budget reform in order to
Revenue Code of 1986 to provide for re-
porting and disclosure by State and increase transparency and reduce the
S. 498. A bill to ensure objective, inde-
local public employee retirement pen- deficit.
pendent review of task and delivery orders;
sion plans. S. CON. RES. 7
to the Committee on Homeland Security and
Governmental Affairs. S. 359
At the request of Mr. BARRASSO, the
By Mr. HATCH: names of the Senator from Montana
At the request of Mr. JOHANNS, the
S. 499. A bill to authorize the Secretary of (Mr. TESTER), the Senator from Geor-
the Interior to facilitate the development of names of the Senator from Wyoming
gia (Mr. ISAKSON), the Senator from
hydroelectric power on the Diamond Fork (Mr. ENZI), the Senator from Oklahoma
Wyoming (Mr. ENZI), the Senator from
System of the Central Utah Project; to the (Mr. INHOFE), and the Senator from
Kansas (Mr. MORAN), and the Senator
Committee on Energy and Natural Re- North Carolina (Mr. BURR) were added
from South Dakota (Mr. JOHNSON) were
sources. as cosponsors of S. 359, a bill to amend
By Mr. HATCH: added as cosponsors of S. Con. Res. 7, a
the Internal Revenue Code of 1986 to re- concurrent resolution supporting the
S. 500. A bill to direct the Secretary of the peal the expansion of information re-
Interior to convey certain Federal features Local Radio Freedom Act.
porting requirements to payments
of the electric distribution system to the S. RES. 51
South Utah Valley Electric Service District, made to corporations, payments for
At the request of Mr. MENENDEZ, the
and for other purposes; to the Committee on property and other gross proceeds, and
names of the Senator from Maryland
Energy and Natural Resources. rental property expense payments, and (Mr. CARDIN), the Senator from Mis-
f for other purposes. sissippi (Mr. COCHRAN) and the Senator
S. 362 from Rhode Island (Mr. WHITEHOUSE)
SUBMISSION OF CONCURRENT AND
SENATE RESOLUTIONS At the request of Mr. WHITEHOUSE, were added as cosponsors of S. Res. 51,
the name of the Senator from South a resolution recognizing the 190th anni-
The following concurrent resolutions Dakota (Mr. JOHNSON) was added as a versary of the independence of Greece
and Senate resolutions were read, and cosponsor of S. 362, a bill to amend the and celebrating Greek and American
referred (or acted upon), as indicated: Public Health Service Act to provide democracy.
By Mr. HATCH (for himself and Mr. for a Pancreatic Cancer Initiative, and S. RES. 86
UDALL of Colorado): for other purposes.
S. Res. 93. A resolution establishing the
At the request of Mrs. FEINSTEIN, the
Committee to Reduce Government Waste; to S. 386 names of the Senator from Kansas (Mr.
the Committee on Rules and Administration. At the request of Mr. DURBIN, the ROBERTS) and the Senator from Ala-
f name of the Senator from Rhode Island bama (Mr. SESSIONS) were added as co-
(Mr. WHITEHOUSE) was added as a co- sponsors of S. Res. 86, a resolution rec-
ADDITIONAL COSPONSORS sponsor of S. 386, a bill to provide as- ognizing the Defense Intelligence
S. 17 sistance to certain employers and Agency on its 50th Anniversary.
At the request of Ms. AYOTTE, her States in 2011 and 2012, to improve the S. RES. 87
name was added as a cosponsor of S. 17, long-term solvency of the Unemploy- At the request of Mr. JOHNSON of
a bill to repeal the job-killing tax on ment Compensation program, and for South Dakota, the name of the Senator
medical devices to ensure continued other purposes. from Colorado (Mr. BENNET) was added
access to life-saving medical devices S. 387 as a cosponsor of S. Res. 87, a resolu-
for patients and maintain the standing At the request of Mrs. BOXER, the tion designating the year of 2012 as the
of United States as the world leader in name of the Senator from Alaska (Mr. ‘‘International Year of Cooperatives’’.
medical device innovation. BEGICH) was added as a cosponsor of S. S. RES. 90
S. 102 387, a bill to amend title 37, United At the request of Mrs. SHAHEEN, the
At the request of Mr. MCCAIN, the States Code, to provide flexible spend- name of the Senator from California
name of the Senator from Arkansas ing arrangements for members of uni- (Mrs. FEINSTEIN) was added as a co-
(Mr. BOOZMAN) was added as a cospon- formed services, and for other pur- sponsor of S. Res. 90, a resolution sup-
sor of S. 102, a bill to provide an op- poses. porting the goals of ‘‘International
tional fast-track procedure the Presi- Women’s Day’’ and recognizing this
dent may use when submitting rescis- year’s centennial anniversary of Inter-
At the request of Mr. WEBB, the name national Women’s Day.
sion requests, and for other purposes. of the Senator from Michigan (Ms.
S. 258 STABENOW) was added as a cosponsor of
At the request of Mr. MENENDEZ, the S. 390, a bill to ensure that the right of STATEMENTS ON INTRODUCED
names of the Senator from Illinois (Mr. an individual to display the Service BILLS AND JOINT RESOLUTIONS
DURBIN) and the Senator from Vermont Flag on residential property not be By Mr. MCCAIN (for himself and
sroberts on DSKD5P82C1PROD with SENATE
(Mr. SANDERS) were added as cospon- abridged. Mr. COBURN):
sors of S. 258, a bill to amend the Inter- S. 398 S. 496. A bill to amend the Food, Con-
nal Revenue Code of 1986 to eliminate At the request of Mr. BINGAMAN, the servation, and Energy Act to repeal a
oil and gas company preferences. names of the Senator from Rhode Is- duplicative program relating to inspec-
S. 344 land (Mr. WHITEHOUSE) and the Senator tion and grading of catfish; to the Com-
At the request of Mr. REID, the name from Oregon (Mr. WYDEN) were added mittee on Agriculture, Nutrition, and
of the Senator from California (Mrs. as cosponsors of S. 398, a bill to amend Forestry.
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S1330 CONGRESSIONAL RECORD — SENATE March 7, 2011
Mr. MCCAIN. Mr. President, I am provision in Section 11016 offensive to (b) CONSIDERATION OF LEGISLATION.—Any
pleased to be joined by my colleague, our principles of free trade, it fla- legislation submitted to the Senate by the
Senator COBURN, in introducing legisla- grantly disregards our Bilateral Trade Committee shall be considered under the
provisions of section 310 of the Congressional
tion to repeal duplicative federal regu- Agreement and relationship with Viet- Budget Act of 1974 (2 U.S.C. 641).
lations relating to the inspection and nam. I urge my colleagues to support SEC. 4. POWERS.
grading of catfish. Specifically, our bill this legislation. (a) HEARINGS.—The Committee or, at its
would rescind a provision in the 2008 f direction, any subcommittee or member of
Farm Bill, Section 11016 of P.L. 110–246, the Committee, may, for the purpose of car-
which aims to inhibit Vietnamese cat- SUBMITTED RESOLUTIONS rying out the provisions of section 3—
fish imports as well as catfish imports (1) sit and act, at any time, during the ses-
of other potential trade partners. sions, recesses, and adjourned periods of Con-
SENATE RESOLUTION 93—ESTAB- gress;
Section 11016 is nothing more than LISHING THE COMMITTEE TO RE-
the latest effort by Members of Con- (2) require as the Committee considers nec-
DUCE GOVERNMENT WASTE essary, by subpoena or otherwise, the attend-
gress serving the special interests of ance of witnesses and the production of
the catfish industry in their home Mr. HATCH (for himself and Mr.
books, papers, and documents;
States. A similar protectionist tactic UDALL of Colorado) submitted the fol-
(3) administer oaths and take testimony;
was tried in the 2002 Farm Bill when lowing resolution; which was referred and
many of these same members slipped in to the Committee on Rules and Admin- (4) procure necessary printing and binding.
language that made it illegal to label istration: (b) WITNESS ALLOWANCES AND FEES.—The
Vietnamese catfish, ‘‘pangasius,’’ as S. RES. 93 provisions of section 1821 of title 28, United
Resolved, States Code, shall apply to witnesses re-
catfish in U.S. retail markets. The in-
SECTION 1. ESTABLISHMENT. quested to appear at any hearing of the Com-
tent there was to discourage American mittee. The per diem and mileage allowances
consumers from buying Vietnamese There shall be a Senate committee known
for witnesses shall be paid from funds avail-
as the Committee to Reduce Government
catfish products even though they are able to pay the expenses of the Committee.
Waste (referred to in this resolution as the
virtually indistinguishable from U.S. (c) EXPENDITURES.—The Committee, or any
‘‘Committee’’). subcommittee thereof, is authorized to make
grown catfish. It didn’t work. Viet- SEC. 2. MEMBERSHIP.
namese catfish remain popular with such expenditures as it deems advisable.
(a) COMPOSITION.—The Committee shall be SEC. 5. APPOINTMENT AND COMPENSATION OF
American consumers because it is more composed of 12 members as follows: STAFF.
affordable and cheaper to produce than (1) 4 members from the Committee on Fi- Except as otherwise provided by law, the
domestic catfish grown in aquaculture nance, 2 selected by the Majority Leader and Committee shall have power to appoint and
ponds. Now these special interests are 2 selected by the Minority Leader. fix the compensation of the Chief of Staff of
relying on this latest Farm Bill rider (2) 4 members from the Committee on Ap- the Committee and such experts and clerical,
propriations, 2 selected by the Majority stenographic, and other assistants as it
to over regulate Vietnamese catfish by,
Leader and 2 selected by the Minority Lead- deems advisable.
ironically, deeming pangasius a catfish er. SEC. 6. PAYMENT OF EXPENSES.
again. Under the guise of food safety, (3) 4 members from the Committee on the The expenses of the Committee shall be
the 2008 Farm Bill directs the U.S. De- Budget, 2 selected by the Majority Leader paid from the contingent fund of the Senate.
partment of Agriculture’s Food Safety and 2 selected by the Minority Leader.
(b) TENURE OF OFFICE.—
Mr. HATCH. Mr. President, our Na-
Inspection Service, FSIS, to inspect tion’s fiscal situation has reached a
catfish like it does meat products or (1) PERIOD OF APPOINTMENT.—Members
shall be appointed for a period of not to ex- tipping point. The debt held by the
eggs, except that no other fish is under public now exceeds $9 trillion. We are
ceed 6 years.
the regulatory thumb of the FSIS. Cat- (2) EXCEPTIONS.—No person shall continue now in our third year of trillion dollar
fish is already regulated by the Food to serve as a member of the Committee after deficits. According to the Congres-
and Drug Administration, FDA, which the person has ceased to be a member of the sional Budget Office, by the end of 2011,
hasn’t reported any safety or health Committee from which the member was cho- our debt will be $10.4 trillion. This rep-
problems with the Vietnamese imports. sen. resents 69 percent of GDP, the highest
Domestic producers are simply trying (c) VACANCIES.—Any vacancy in the Com-
mittee shall not affects its powers, but shall level since 1950.
to create barriers for Vietnamese cat- The picture only gets uglier if you
be filled in the same manner as the original
fish farmers by forcing them to comply take into account other factors. Our
with a second inspection regime ad- (d) CHAIRMAN AND VICE CHAIRMAN.—The total public debt outstanding is over
ministered by an entirely different arm Committee shall select a Chairman and Vice $14 trillion. Moreover, if you assume
of the Federal bureaucracy. Chairman from among its members. that certain things that always happen
The U.S. Department of Agriculture, (e) QUORUM.—A majority of the members of will continue to happen things like the
USDA, is currently engaged in the pro- the Committee shall constitute a quorum, AMT patch, tax relief for families and
posed rulemaking process for imple- but a lesser number of members may hold
hearings. The powers conferred upon them
businesses, and a ‘‘doc-fix’’ our debt
menting this new inspection authority. will soon be nearly 100 percent of GDP.
by section 4 may be exercised by a majority
A recent Government Accountability This is, quite simply, unsustainable.
Office, GAO, report flagged this FSIS SEC. 3. DUTIES. If we do not act now to get a handle on
program as ‘‘duplicative’’ and ‘‘high (a) IN GENERAL.—The Committee shall this spending, the nation that gave
risk’’ for ‘‘fraud, waste, abuse, and mis- have the following duties: boundless opportunity to generations
management.’’ GAO estimates that the (1) STUDY.—The Committee shall— of Americans will not be there for our
USDA would spend about $30 million in (A) research, review, and study Federal children and grandchildren. With inter-
taxpayer dollars to implement the programs that are underperforming or non- est payments on all this debt set to
agency’s new catfish inspection pro- essential; and grow from $225 billion in 2011 to $792
gram and that we would be further (B) determine which Federal programs
billion in 2021, we are approaching a
should be modified or eliminated.
fragmenting our federal food safety fiscal death spiral.
(2) RECOMMEND.—The Committee shall de-
system by having catfish regulated velop recommendations to the Senate for ac- Congress could go a long way simply
twice by both USDA and FDA. tion designed to modify or eliminate under- by reducing wasteful and redundant
The provision that I am seeking to performing or nonessential Federal pro- government spending. Last week, in re-
repeal is nothing more than a protec- grams. sponse to a request from my colleague
tionist tactic funded at taxpayers’ ex- (3) REPORT AND LEGISLATION.—The Com- from Oklahoma, Dr. COBURN, the Gov-
pense. If implemented, the proposed mittee shall submit to the Senate— ernment Accountability Office released
sroberts on DSKD5P82C1PROD with SENATE
USDA regulations will lead to a dupli- (A) at least once a year, reports includ- a report identifying between $100 and
cative, costly and complex overseas in- ing—
$200 billion in wasteful spending on re-
(i) a detailed statement of the findings and
spection program that serves no real dundant government programs alone.
conclusions of the Committee; and
purpose but to protect American cat- (ii) a list of underperforming or non- Dr. COBURN has been doing yeoman’s
fish growers from competition while essential Federal programs; and work burrowing into the federal budget
forcing American consumers to pay (B) such legislation and administrative ac- to find the sources of wasteful spend-
more for fish. Not only is the catfish tions as it considers appropriate. ing, but getting this report from GAO
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March 7, 2011 CONGRESSIONAL RECORD — SENATE S1331
is, in my view, his greatest achieve- mittee we are proposing will make sure tion of higher education, as defined in sec-
ment to date. He has given Congress a that the citizens who have to foot the tion 102 of the Higher Education Act of 1965
roadmap for cuts that really should be bill for all of this government spending (20 U.S.C. 1002), in a jurisdiction that is eligi-
ble to qualify under the Research Infrastruc-
no-brainers. will have a venue where their concerns
ture Improvement Grant Program adminis-
But Congress’ record on securing cuts take precedence. tered by the Office of Experimental Program
is less than stellar. Ronald Reagan f to Stimulate Competitive Research
once said that nothing comes closer to (EPSCoR); or
eternal life than a government pro- AMENDMENTS SUBMITTED AND ‘‘(2) the applicant has assigned, granted,
gram. Congress’ committee structure is PROPOSED conveyed, or is under an obligation by con-
set up to authorize and reauthorize SA 152. Mr. REID of Nevada submitted an tract or law to assign, grant, or convey, a li-
new programs. It is set up to appro- amendment intended to be proposed to cense or other ownership interest in the par-
ticular application to such State public in-
priate money for those programs. amendment SA 143 proposed by Mr. REID of
Nevada (for himself and Mr. ENSIGN) to the stitution, which is in a jurisdiction that is
But there are few institutionalized eligible to qualify under the Research Infra-
forums in Congress for spending re- bill S. 23, to amend title 35, United States
Code, to provide for patent reform. structure Improvement Grant Program ad-
straint. ministered by the Office of Experimental
SA 153. Mr. REID of Nevada submitted an
That is why I am introducing today, Program to Stimulate Competitive Research
amendment intended to be proposed by him
with my colleague from Colorado, Sen- to the bill S. 23, supra; which was ordered to (EPSCoR).’’.
ator MARK UDALL, a Senate Resolution lie on the table.
that will create a Committee to Reduce SA 154. Mr. BAUCUS (for himself and
SA 154. Mr. BAUCUS (for himself and Mr.
Government Waste. After last week’s GRASSLEY) submitted an amendment in-
Mr. GRASSLEY) submitted an amend-
GAO report, there is no longer any tended to be proposed by him to the bill S. ment intended to be proposed by him
doubt that the Federal Government is 23, supra; which was ordered to lie on the to the bill S. 23, to amend title 35,
deluged with wasteful, non-performing, table. United States Code, to provide for pat-
and underperforming programs. SA 155. Mr. BAUCUS (for himself and Mr. ent reform; which was ordered to lie on
GRASSLEY) submitted an amendment in- the table; as follows:
This committee would be required, tended to be proposed to amendment SA 141
every year, to identify wasteful govern- At the end, add the following:
proposed by Mr. BAUCUS (for himself and Mr. (e) EXCLUSION.—This section does not
ment programs and recommend legisla- GRASSLEY) to the bill S. 23, supra; which was apply to that part of an invention that is a
tion to either cut them or reduce them ordered to lie on the table. method, apparatus, computer program prod-
in scope. SA 156. Mr. BAUCUS (for himself and Mr. uct, or system, that is used solely for pre-
Most importantly, the consideration GRASSLEY) submitted an amendment in- paring a tax or information return or other
of this legislation would be expedited, tended to be proposed to amendment SA 141 tax filing, including one that records, trans-
subject to Section 310 of the Congres- proposed by Mr. BAUCUS (for himself and Mr. mits, transfers, or organizes data related to
GRASSLEY) to the bill S. 23, supra; which was such filing.
sional Budget Act.
ordered to lie on the table.
There is a precedent for a committee SA 157. Ms. SNOWE submitted an amend- SA 155. Mr. BAUCUS (for himself and
such as this one. In response to the ris- ment intended to be proposed by her to the Mr. GRASSLEY) submitted an amend-
ing costs of World War II, Senator bill H.R. 1, making appropriations for the ment intended to be proposed to
Harry F. Byrd of Virginia proposed the Department of Defense and the other depart- amendment SA 141 proposed by Mr.
establishment of a committee to cut ments and agencies of the Government for BAUCUS (for himself and Mr. GRASSLEY)
wasteful programs instead of raising the fiscal year ending September 30, 2011, and
to the bill S. 23, to amend title 35,
taxes. In just three years, the com- for other purposes; which was ordered to lie
on the table. United States Code, to provide for pat-
mittee cut wasteful programs, result- ent reform; which was ordered to lie on
ing in more than $38 billion in today’s f the table; as follows:
dollars. Given the growth of govern- TEXT OF AMENDMENTS On page 1, line 3, beginning with ‘‘shall
ment in the intervening 6 decades, I ex- not’’ strike all through line 7, and insert
pect that our anti-appropriations com- SA 152. Mr. REID of Nevada sub- ‘‘does not apply to that part of an invention
mittee will have an even easier time mitted an amendment intended to be that is a method, apparatus, computer pro-
identifying wasteful spending and pro- proposed to amendment SA 143 pro- gram product, or system, that is used solely
grams today. posed by Mr. REID of Nevada (for him- for preparing a tax or information return or
self and Mr. ENSIGN) to the bill S. 23, to other tax filing, including one that records,
This would be a truly bipartisan com-
amend title 35, United States Code, to transmits, transfers, or organizes data’’.
mittee, with 4 members, 2 Republicans
and 2 Democrats, from each of the Sen- provide for patent reform; as follows:
SA 156. Mr. BAUCUS (for himself and
ate Finance, Budget, and Appropria- On page 2 of the amendment, after line 11,
Mr. GRASSLEY) submitted an amend-
tions Committees. add the following:
‘‘(e) EFFECTIVE DATE.—Subsection (d) shall
ment intended to be proposed to
Ultimately, getting our budget defi- amendment SA 141 proposed by Mr.
cits and structural debt under control take effect 1 year and 1 day after the date of
enactment of the Patent Reform Act of BAUCUS (for himself and Mr. GRASSLEY)
is going to take meaningful action 2011.’’. to the bill S. 23, to amend title 35,
from both sides of the aisle. This needs United States Code, to provide for pat-
to be a bipartisan process, and I could SA 153. Mr. REID of Nevada sub- ent reform; which was ordered to lie on
not be more pleased that I am being mitted an amendment intended to be the table; as follows:
joined in this effort by my Democratic proposed by him to the bill S. 23, to On page 1, strike lines 3 through 8 and in-
colleague from Colorado, Senator amend title 35, United States Code, to sert the following:
UDALL. provide for patent reform; which was (e) EXCLUSION.—This section does not
The American people have spoken ordered to lie on the table; as follows: apply to that part of an invention that is a
loud and clear. Every day families method, apparatus, computer program prod-
At the end of the amendment, add the fol- uct, or system, that is used solely for pre-
make tough choices to balance their lowing:
books, and they expect Congress to do paring a tax or information return or other
SEC. llll. PUBLIC INSTITUTIONS OF HIGHER tax filing, including one that records, trans-
the same. Dozens of groups, rep- EDUCATION IN EPSCOR ELIGIBLE
mits, transfers, or organizes data related to
resenting millions of American tax- JURISDICTIONS.
payers, have come together to ask Con- Chapter 11 of title 35, United States Code,
gress to support a committee devoted is further amended by inserting after section SA 157. Ms. SNOWE submitted an
to eliminating government waste. 123, the following: amendment intended to be proposed by
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‘‘SEC. 124. EPSCOR.
I look forward to working with my her to the bill H.R. 1, making appro-
colleagues on enacting this resolution. ‘‘Notwithstanding any other provision of priations for the Department of De-
this chapter, for purposes of section 123, a
Senators hear every day from interest fense and the other departments and
micro entity shall include an applicant who
groups seeking more money from the certifies that— agencies of the Government for the fis-
Federal Government. They are well or- ‘‘(1) the applicant’s employer, from which cal year ending September 30, 2011, and
ganized, well financed, and well versed the applicant obtains the majority of the ap- for other purposes; which was ordered
in the ways of the Senate. The com- plicant’s income, is a State public institu- to lie on the table; as follows:
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S1332 CONGRESSIONAL RECORD — SENATE March 7, 2011
At the appropriate place, insert the fol- (3) in subsection (b), by striking ‘‘at least (2) report the findings of the study to the
lowing: every three years’’ and inserting ‘‘at least Committees on the Budget of the House of
TITLE l—BIENNIAL BUDGETING every 4 years’’; and Representatives and the Senate.
(4) in subsection (c), by inserting a comma SEC. l04. EFFECTIVE DATE.
SEC. l01. GOVERNMENT PLANS ON A BIENNIAL
after ‘‘section’’ the second place it appears Except as provided in section l03, this
and inserting ‘‘including a strategic plan title and the amendments made by this title
(a) STRATEGIC PLANS.—Section 306 of title submitted by September 30, 2011 meeting the shall take effect on January 1, 2012, and shall
5, United States Code, is amended— requirements of subsection (a)’’. apply to budget resolutions and appropria-
(1) in subsection (a), by striking ‘‘Sep- (g) PERFORMANCE PLANS.—Section 2803(a) tions for the biennium beginning with fiscal
tember 30, 1997’’ and inserting ‘‘September of title 39, United States Code, is amended— year 2013.
30, 2011’’; (1) in the matter before paragraph (1), by
(2) in subsection (b)— striking ‘‘an annual’’ and inserting ‘‘a bien- f
(A) by striking ‘‘five years forward’’ and nial’’; WELCOME HOME VIETNAM
inserting ‘‘6 years forward’’; (2) in paragraph (1), by inserting after VETERANS DAY
(B) by striking ‘‘at least every three ‘‘program activity’’ the following: ‘‘for both
years’’ and inserting ‘‘at least every 4 years 1 and 2 of the biennial plan’’; Mr. REID. I ask unanimous consent
years’’; and (3) in paragraph (5), by striking ‘‘and’’ the Committee on Veterans’ Affairs be
(C) by striking beginning with ‘‘, except after the semicolon; discharged from further consideration
that’’ through ‘‘four years’’; and (4) in paragraph (6), by striking the period of S. Res. 55 and the Senate proceed to
(3) in subsection (c), by inserting a comma and inserting ‘‘; and’’; and that.
after ‘‘section’’ the second place it appears (5) by adding after paragraph (6) the fol- The PRESIDING OFFICER. Without
and adding ‘‘including a strategic plan sub- lowing:
mitted by September 30, 2011 meeting the re- objection, it is so ordered. The clerk
‘‘(7) cover a 2-year period beginning with
quirements of subsection (a)’’. the first fiscal year of the next biennial will report the resolution by title.
(b) BUDGET CONTENTS AND SUBMISSION TO budget cycle.’’. The assistant legislative clerk read
CONGRESS.—Paragraph (28) of section 1105(a) (h) COMMITTEE VIEWS OF PLANS AND RE- as follows:
of title 31, United States Code, is amended by PORTS.—Section 301(d) of the Congressional A resolution (S. Res. 55) expressing support
striking ‘‘beginning with fiscal year 1999, a’’ Budget Act (2 U.S.C. 632(d)) is amended by for designation of a ‘‘Welcome Home Viet-
and inserting ‘‘beginning with fiscal year adding at the end ‘‘Each committee of the nam Veterans Day.’’
2010, a biennial’’. Senate or the House of Representatives shall
review the strategic plans, performance
There being no objection, the Senate
(c) PERFORMANCE PLANS.—Section 1115 of
plans, and performance reports, required proceeded to consider the resolution.
title 31, United States Code, is amended—
(1) in subsection (a)— under section 306 of title 5, United States Mr. REID. I ask unanimous consent
(A) in the matter before paragraph (1)— Code, and sections 1115 and 1116 of title 31, the resolution be agreed to, the pre-
(i) by striking ‘‘section 1105(a)(29)’’ and in- United States Code, of all agencies under the amble be agreed to, and the motions to
serting ‘‘section 1105(a)(28)’’; and jurisdiction of the committee. Each com- reconsider be laid on the table.
(ii) by striking ‘‘an annual’’ and inserting mittee may provide its views on such plans The PRESIDING OFFICER. Without
‘‘a biennial’’; or reports to the Committee on the Budget objection, it is so ordered.
(B) in paragraph (1) by inserting after of the applicable House.’’.
(i) EFFECTIVE DATE.— The resolution (S. Res. 55) was agreed
‘‘program activity’’ the following: ‘‘for both to.
years 1 and 2 of the biennial plan’’; (1) IN GENERAL.—The amendments made by
(C) in paragraph (5) by striking ‘‘and’’ after this section shall take effect on March 1, The preamble was agreed to.
the semicolon, 2012. The resolution, with its preamble,
(D) in paragraph (6) by striking the period (2) AGENCY ACTIONS.—Effective on and after reads as follows:
and inserting a semicolon; and inserting the date of enactment of this Act, each agen- S. RES. 55
‘‘and’’ after the inserted semicolon; and cy shall take such actions as necessary to
Whereas the Vietnam War was fought in
(E) by adding after paragraph (6) the fol- prepare and submit any plan or report in ac-
the Republic of South Vietnam from 1961 to
lowing: cordance with the amendments made by this
1975, and involved North Vietnamese regular
‘‘(7) cover a 2-year period beginning with Act.
forces and Viet Cong guerrilla forces in
the first fiscal year of the next biennial SEC. l02. BIENNIAL APPROPRIATIONS BILLS.
armed conflict with United States Armed
budget cycle.’’; (a) IN GENERAL.—Title III of the Congres-
Forces and the Army of the Republic of Viet-
(2) in subsection (d) by striking ‘‘annual’’ sional Budget Act of 1974 (2 U.S.C. 631 et seq.)
and inserting ‘‘biennial’’; and is amended by adding at the end the fol-
Whereas the United States Armed Forces
(3) in paragraph (6) of subsection (f) by lowing:
became involved in Vietnam because the
striking ‘‘annual’’ and inserting ‘‘biennial’’. ‘‘CONSIDERATION OF BIENNIAL APPROPRIATIONS United States Government wanted to provide
(d) MANAGERIAL ACCOUNTABILITY AND BILLS direct military support to the Government of
FLEXIBILITY.—Section 9703 of title 31, United ‘‘SEC. 317. It shall not be in order in the South Vietnam to defend itself against the
States Code, relating to managerial account- House of Representatives or the Senate in growing Communist threat from North Viet-
ability, is amended— any odd-numbered year to consider any reg- nam;
(1) in subsection (a)— ular bill providing new budget authority or a Whereas members of the United States
(A) in the first sentence by striking ‘‘an- limitation on obligations under the jurisdic- Armed Forces began serving in an advisory
nual’’; and tion of any of the subcommittees of the Com- role to the Government of the Republic of
(B) by striking ‘‘section 1105(a)(29)’’ and in- mittees on Appropriations for only the first South Vietnam in 1961;
serting ‘‘section 1105(a)(28)’’; fiscal year of a biennium, unless the pro- Whereas, as a result of the Gulf of Tonkin
(2) in subsection (e)— gram, project, or activity for which the new incidents on August 2 and 4, 1964, Congress
(A) in the first sentence by striking ‘‘one budget authority or obligation limitation is overwhelmingly passed the Gulf of Tonkin
or’’ before ‘‘years’’; provided will require no additional authority Resolution (Public Law 88–408), on August 7,
(B) in the second sentence by striking ‘‘a beyond 1 year and will be completed or ter- 1964, which provided the authority to the
subsequent year’’ and inserting ‘‘a subse- minated after the amount provided has been President of the United States to prosecute
quent 2-year period’’; and expended.’’. the war against North Vietnam;
(C) in the third sentence by striking (b) AMENDMENT TO TABLE OF CONTENTS.— Whereas, in 1965, United States Armed
‘‘three’’ and inserting ‘‘4’’. The table of contents set forth in section 1(b) Forces ground combat units arrived in Viet-
(e) PILOT PROJECTS FOR PERFORMANCE of the Congressional Budget and Impound- nam;
BUDGETING.—Section 1119 of title 31, United ment Control Act of 1974 is amended by add- Whereas, by the end of 1965, there were
States Code, is amended— ing after the item relating to section 316 the 80,000 United States troops in Vietnam, and
(1) in paragraph (1) of subsection (d), by following new item: by 1969, a peak of approximately 543,000
striking ‘‘annual’’ and inserting ‘‘biennial’’; ‘‘Sec. 317. Consideration of biennial appro- troops was reached;
and priations bills.’’. Whereas, on January 27, 1973, the Treaty of
(2) in subsection (e), by striking ‘‘annual’’ SEC. l03. REPORT ON TWO-YEAR FISCAL PERIOD. Paris was signed, which required the release
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and inserting ‘‘biennial’’. Not later than 180 days after the date of of all United States prisoners-of-war held in
(f) STRATEGIC PLANS.—Section 2802 of title enactment of this Act, the Director of the North Vietnam and the withdrawal of all
39, United States Code, is amended— Office of Management and Budget shall— United States Armed Forces from South
(1) is subsection (a), by striking ‘‘Sep- (1) determine the impact and feasibility of Vietnam;
tember 30, 1997’’ and inserting ‘‘September changing the definition of a fiscal year and Whereas, on March 30, 1973, the United
30, 2011’’; the budget process based on that definition States Armed Forces completed the with-
(2) by striking ‘‘five years forward’’ and in- to a 2-year fiscal period with a biennial budg- drawal of combat units and combat support
serting ‘‘6 years forward’’; et process based on the 2-year period; and units from South Vietnam;
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March 7, 2011 CONGRESSIONAL RECORD — SENATE S1333
Whereas, on April 30, 1975, North Viet- (D) promote awareness of the importance the majority to control the second
namese regular forces captured Saigon, the of entire communities empowering veterans hour; following morning business, the
capitol of South Vietnam, effectively placing and the families of veterans to readjust to ci- Senate resume consideration of S. 23,
South Vietnam under Communist control; vilian life after military service; and
Whereas more than 58,000 members of the
the America Invents Act, postcloture;
(E) promote opportunities for such vet-
United States Armed Forces lost their lives erans to assist younger veterans returning further, that the Senate recess from
in Vietnam and more than 300,000 members from the wars in Iraq and Afghanistan in re- 12:30 to 2:15 p.m. to allow for the week-
of the Armed Forces were wounded; habilitation from wounds, both seen and un- ly caucus meetings; and, finally, I ask
Whereas, in 1982, the Vietnam Veterans seen, and to support the reintegration of that any time during any period of ad-
Memorial was dedicated in the District of younger veterans into civilian life. journment, recess, or period of morning
Columbia to commemorate those members of business count postcloture.
the United States Armed Forces who died or
were declared missing-in-action in Vietnam;
The PRESIDING OFFICER. Without
APPOINTMENTS objection, it is so ordered.
Whereas the Vietnam War was an ex-
tremely divisive issue among the people of The PRESIDING OFFICER. The
the United States and a conflict that caused Chair, on behalf of the majority leader,
a generation of veterans to wait too long for pursuant to Public Law 106–567, re- PROGRAM
the United States public to acknowledge and appoints the following individual to
honor the efforts and services of such vet- serve as a member of the Public Inter- Mr. REID. Mr. President, I have spo-
erans; est Declassification Board: Sanford ken with the Republican leader and
Whereas members of the United States hope we will be able to work out an
Armed Forces who served bravely and faith- Ungar of Maryland.
The Chair, on behalf of the President agreement on the continuing resolu-
fully for the United States during the Viet- tion we will receive from the House
nam War were often wrongly criticized for of the Senate, pursuant to Public Law
the policy decisions made by 4 presidential 85–874, as amended, reappoints the fol- that we are going to offer as an amend-
administrations in the United States; lowing individuals to the Board of ment. That should be sometime tomor-
Whereas the establishment of a ‘‘Welcome Trustees of the John F. Kennedy Cen- row afternoon.
Home Vietnam Veterans Day’’ would be an ter for the Performing Arts: the Honor- f
appropriate way to honor those members of
the United States Armed Forces who served
able KENT CONRAD of North Dakota and
the Honorable DIANNE FEINSTEIN of ADJOURNMENT UNTIL 9:30 A.M.
in South Vietnam and throughout Southeast
Asia during the Vietnam War; and California. TOMORROW
Whereas March 30, 2011, would be an appro- f Mr. REID. If there be no further busi-
priate day to establish as ‘‘Welcome Home ness to come before the Senate, I ask
Vietnam Veterans Day’’: Now, therefore, be ORDERS FOR TUESDAY, MARCH 8, unanimous consent it adjourn under
Resolved, That the Senate— the previous order.
(1) honors and recognizes the contributions Mr. REID. Mr. President, I ask unan- There being no objection, the Senate,
of veterans who served in the United States imous consent that when the Senate at 7:14 p.m., adjourned until Tuesday,
Armed Forces in Vietnam during war and completes its business today, it ad- March 8, 2011, at 9:30 a.m.
during peace; journ until tomorrow, Tuesday, March
(2) encourages States and local govern- f
8 at 9:30 a.m.; that following the prayer
ments to also establish ‘‘Welcome Home and pledge, the Journal of proceedings
Vietnam Veterans Day’’; and CONFIRMATIONS
be approved to date, the morning hour
(3) encourages the people of the United Executive nominations confirmed by
States to observe ‘‘Welcome Home Vietnam be deemed expired, and the time for the
two leaders be reserved for their use the Senate, Monday, March 7, 2011:
Veterans Day’’ with appropriate ceremonies
and activities that— later in the day; that following leader
(A) provide the appreciation Vietnam War remarks there be a period of morning ANTHONY J. BATTAGLIA, OF CALIFORNIA, TO BE
UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN
veterans deserve, but did not receive upon business for 2 hours, with Senators per- DISTRICT OF CALIFORNIA.
returning home from the war; mitted to speak therein for up to 10 SUE E. MYERSCOUGH, OF ILLINOIS, TO BE UNITED
(B) demonstrate the resolve that never STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT
minutes each, with the time equally di- OF ILLINOIS.
again shall the Nation disregard and deni-
vided and controlled by the two leaders JAMES E. SHADID, OF ILLINOIS, TO BE UNITED STATES
grate a generation of veterans; DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF ILLI-
(C) promote awareness of the faithful serv- or their designees, with 30 minutes of NOIS.
ice and contributions of such veterans during the Democratic time under the control THE ABOVE NOMINATIONS WERE APPROVED SUBJECT
TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE-
their military service as well as to their of Senator JOHN KERRY; that the Re- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY
communities since returning home; publicans will control the first hour, CONSTITUTED COMMITTEE OF THE SENATE.
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March 7, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E425
EXTENSIONS OF REMARKS
SENATE COMMITTEE MEETINGS Homeland Security and Governmental Af- Finance
fairs To hold hearings to examine innovations
Title IV of Senate Resolution 4, Federal Financial Management, Govern- in child welfare waivers, focusing on a
agreed to by the Senate on February 4, ment Information, Federal Services, pathway to reform.
and International Security Sub- SD–215
1977, calls for establishment of a sys- Health, Education, Labor, and Pensions
tem for a computerized schedule of all To hold hearings to examine new tools To hold hearings to examine Bridgepoint
meetings and hearings of Senate com- for curbing waste and fraud in Medi- Education, Inc., focusing on a case
mittees, subcommittees, joint commit- care and Medicaid. study in for-profit education and over-
tees, and committees of conference. SD–430
This title requires all such committees 3 p.m.
Appropriations Homeland Security and Governmental Af-
to notify the Office of the Senate Daily Department of the Interior, Environment,
Digest—designated by the Rules Com- To hold hearings to examine the nomina-
and Related Agencies Subcommittee
tion of Carolyn N. Lerner, of Maryland,
mittee—of the time, place, and purpose To hold hearings to examine proposed
to be Special Counsel, Office of Special
of the meetings, when scheduled, and budget estimates for fiscal year 2012 for Counsel.
any cancellations or changes in the the Department of the Interior. SD–342
meetings as they occur.
Business meeting to consider S. 193, to
As an additional procedure along MARCH 10 extend the sunset of certain provisions
with the computerization of this infor- 9:30 a.m. of the USA PATRIOT Act, S. 222, to
mation, the Office of the Senate Daily Armed Services limit investor and homeowner losses in
To hold hearings to examine on the cur- foreclosures, and the nominations of
Digest will prepare this information for
rent and future worldwide threats to Caitlin Joan Halligan, of New York, to
printing in the Extensions of Remarks the national security of the United be United States Circuit Judge for the
section of the CONGRESSIONAL RECORD States; with the possibility of a closed District of Columbia Circuit, Jimmie
on Monday and Wednesday of each session in SH–219 following the open V. Reyna, of Maryland, to be United
week. session. States Circuit Judge for the Federal
SD–G50 Circuit, John A. Kronstadt, to be
Meetings scheduled for Tuesday, Energy and Natural Resources United States District Judge for the
March 8, 2011 may be found in the Daily To hold hearings to examine S. 398, to Central District of California, Vincent
Digest of today’s RECORD. amend the Energy Policy and Con- L. Briccetti, to be United States Dis-
trict Judge for the Southern District of
servation Act to improve energy effi-
New York, Arenda L. Wright Allen, to
ciency of certain appliances and equip-
MEETINGS SCHEDULED be United States District Judge for the
ment, and S. 395, to repeal certain
Eastern District of Virginia, and Mi-
MARCH 9 amendments to the Energy Policy and chael Francis Urbanski, to be United
9:30 a.m. Conservation Act with respect to light- States District Judge for the Western
Finance ing energy efficiency. District of Virginia.
To hold hearings to examine the Presi- SD–366 SD–226
dent’s 2011 trade agenda. Banking, Housing, and Urban Affairs 11 a.m.
SD–215 Securities, Insurance and Investment Sub- Appropriations
Appropriations committee Commerce, Justice, Science, and Related
Departments of Labor, Health and Human To hold hearings to examine the Presi- Agencies Subcommittee
Services, and Education, and Related dent’s proposed budget request for fis- To hold hearings to examine proposed
Agencies Subcommittee cal year 2012 for the Securities and Ex- budget estimates for fiscal year 2012 for
To hold hearings to examine funding for change Commission. the Department of Justice.
the Social Security Administration in SD–538 SD–192
fiscal years 2011 and 2012. Appropriations 2:30 p.m.
SD–124 Transportation and Housing and Urban De- Intelligence
10 a.m. velopment, and Related Agencies Sub- To hold closed hearings to examine cer-
Budget committee tain intelligence matters.
To hold hearings to examine distribution To hold hearings to examine proposed SH–219
and efficiency of spending in the tax budget estimates for fiscal year 2012 for 3 p.m.
code. the Department of Transportation. Homeland Security and Governmental Af-
SD–608 SD–138 fairs
Judiciary 10 a.m. To hold hearings to examine information
To hold an oversight hearing to examine Budget sharing in the era of WikiLeaks, focus-
the Department of Homeland Security. To hold hearings to examine the Presi- ing on balancing security and collabo-
SD–226 dent’s proposed budget request for fis- ration.
Small Business and Entrepreneurship cal year 2012 for defense and inter- SD–342
Business meeting to markup the Small national affairs.
Business Innovation Research (SBIR) SD–608 MARCH 15
and Small Business Technology Trans- Commerce, Science, and Transportation 10 a.m.
fer (STTR) Reauthorization Act of 2011. To hold hearings to examine the nomina- Budget
SR–428A tions of Philip E. Coyle, III, of Cali- To hold hearings to examine the report
2:15 p.m. fornia, to be an Associate Director of of the Bipartisan Policy Center’s Debt
Environment and Public Works the Office of Science and Technology Reduction Task Force.
To hold hearings to examine the Presi- Policy, Executive Office of the Presi- SD–608
dent’s proposed budget request for fis- dent, Kathryn D. Sullivan, of Ohio, to Indian Affairs
cal year 2012 for the Federal Highway be Assistant Secretary of Commerce, To hold hearings to examine the Presi-
Administration. Frances M.D. Gulland, of California, to dent’s proposed budget request for fis-
SD–406 be a Member of the Marine Mammal cal year 2012 for Tribal Programs.
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2:30 p.m. Commission, and Ann D. Begeman, of SD–628
Banking, Housing, and Urban Affairs Virginia, to be a Member of the Surface 10:15 a.m.
To hold hearings to examine the state of Transportation Board, Department of Judiciary
the housing market. Transportation. To hold hearings to examine the ‘‘Free-
SD–538 SR–253 dom of Information Act’’, focusing on
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
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E426 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2011
ensuring transparency and account- MARCH 17 MARCH 31
ability in the digital age. 2 p.m. 9:30 a.m.
SD–226 Foreign Relations Armed Services
2:30 p.m. To hold hearings to examine the nomina- To hold hearings to examine the Depart-
Commerce, Science, and Transportation tions of David Bruce Shear, of New ment of the Army in review of the De-
To hold hearings to examine realizing York, to be Ambassador to the Social- fense Authorization request for fiscal
NASA’s potential, focusing on pro- ist Republic of Vietnam, and Kurt Wal- year 2012 and the Future Years Defense
grammatic challenges in the 21st cen- ter Tong, of Maryland, for the rank of
tury. Ambassador during his tenure of serv-
SR–253 ice as United States Senior Official for
Homeland Security and Governmental Af- the Asia-Pacific Economic Cooperation
(APEC) Forum, both of the Department APRIL 5
of State. 9:30 a.m.
Federal Financial Management, Govern-
SD–419 Armed Services
ment Information, Federal Services, 2:30 p.m. To hold hearings to examine U.S. North-
and International Security Sub- Homeland Security and Governmental Af- ern Command and U.S. Southern Com-
committee fairs mand in review of the Defense Author-
To hold hearings to examine enhancing To hold hearings to examine cata- ization request for fiscal year 2012 and
the President’s authority to eliminate strophic preparedness, focusing on if the Future Years Defense Program;
wasteful spending and reduce the budg- FEMA is ready for the next big dis- with the possibility of a closed session
et deficit. aster. in SVC–217 following the open session.
MARCH 16 MARCH 30
9:30 a.m. 10:30 a.m.
Veterans’ Affairs 9:30 a.m.
To hold joint hearings to examine the Armed Services
To hold joint hearings to examine the
legislative presentations from Para- To hold hearings to examine U.S. Pacific
legislative presentations from
lyzed Veterans of America, Air Force Command and U.S. Forces Korea in re-
AMVETS, Jewish War Veterans, Mili-
Sergeants Association, Military Order view of the Defense Authorization re-
tary Officers Association of America,
of the Purple Heart, National Associa- quest for fiscal year 2012 and the Fu-
Gold Star Wives, Blinded Veterans As-
tion of State Directors of Veterans Af- ture Years Defense Program; with the
sociation, Non Commissioned Officers fairs, Wounded Warrior Project, Viet- possibility of a closed session in SH–219
Association, Iraq and Afghanistan Vet- nam Veterans of America, The Retired following the open session.
erans of America, Fleet Reserve Asso- Enlisted Association, American Ex- SD–106
ciation. Prisoners of War.
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Monday, March 7, 2011
voted in the affirmative, Senate agreed to the motion
Chamber Action to close further debate on the bill. Page S1324
Routine Proceedings, pages S1309–S1333 A unanimous-consent agreement was reached pro-
Measures Introduced: Seven bills and one resolu- viding for further consideration of the bill at ap-
tion were introduced, as follows: S. 494–500, and S. proximately 11:30 a.m., on Tuesday, March 8, 2011,
Res. 93. Pages S1328–29 and that the time during any adjournment, recess, or
Measures Passed: period of morning business count post-cloture.
Welcome Home Vietnam Veterans Day: Com-
mittee on Veterans’ Affairs was discharged from fur- Appointments:
ther consideration of S. Res. 55, expressing support Public Interest Declassification Board: The
for designation of a ‘‘Welcome Home Vietnam Vet- Chair, on behalf of the Majority Leader, pursuant to
erans Day,’’ and the resolution was then agreed to. Public Law 106–567, reappointed the following in-
Page S1332 dividual to serve as a member of the Public Interest
Measures Considered: Declassification Board: Sanford Ungar of Maryland.
Patent Reform Act—Agreement: Senate resumed
consideration of S. 23, to amend title 35, United Board of Trustees of the John F. Kennedy Cen-
States Code, to provide for patent reform, taking ac- ter for the Performing Arts: The Chair, on behalf
tion on the following amendments proposed thereto: of the President of the Senate, pursuant to Public
Pages S1323–26 Law 85–874, as amended, reappointed the following
Adopted: individuals to the Board of Trustees of the John F.
Reid (for Baucus/Grassley) Modified Amendment Kennedy Center for the Performing Arts: Senators
No. 141, to clarify that section 14 shall not apply Conrad and Feinstein. Page S1333
to an invention that is a computer program product Nominations Confirmed: Senate confirmed the fol-
or system used solely for preparing a tax or informa- lowing nominations:
tion return or other tax filing. Page S1324 Sue E. Myerscough, of Illinois, to be United States
Withdrawn: District Judge for the Central District of Illinois.
Leahy Amendment No. 114, to improve the bill. Pages S1318–22, S1333
Page S1324 By a unanimous vote of 89 yeas (Vote No. EX.
Bennet Amendment No. 116, to reduce the fee 32), James E. Shadid, of Illinois, to be United States
amounts paid by small entities requesting prioritized District Judge for the Central District of Illinois.
examination under Three-Track Examination. Pages S1318–22, S1333
Page S1324 By a unanimous vote of 89 yeas (Vote No. EX.
Pending: 33), Anthony J. Battaglia, of California, to be
Reid/Ensign Amendment No. 143, to include United States District Judge for the Southern Dis-
public institutions of higher education in EPSCOR trict of California. Pages S1318–23, S1333
jurisdictions in the definition of a micro entity.
Executive Communications: Page S1328
Reid Amendment No. 152 (to Reid Amendment Additional Cosponsors: Page S1329
No. 143), to provide an effective date. Pages S1324–26 Statements on Introduced Bills/Resolutions:
During consideration of this measure today, Senate Pages S1329–31
also took the following action:
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Additional Statements: Page S1328
By 87 yeas to 3 nays (Vote No. 34), three-fifths
of those Senators duly chosen and sworn, having Amendments Submitted: Pages S1331–32
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D198 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 2011
Record Votes: Three record votes were taken today.
(Total—34) Pages S1322–24
Adjournment: Senate convened at 2:00 p.m. and (Committees not listed did not meet)
adjourned at 7:14 p.m., until 9:30 a.m. on Tuesday,
March 8, 2011. (For Senate’s program, see the re- No committee meetings were held.
marks of the Majority Leader in today’s Record on
House of Representatives
New Mexico, to be Assistant Secretary of Energy for Nu-
Chamber Action clear Energy, 10 a.m., SD–366.
The House was not in session today. The House Committee on Finance, to hold hearings to examine if the
is scheduled to meet at 2 p.m. on Tuesday, March tax system supports economic efficiency, job creation and
8, 2011. broad-based economic growth, 10 a.m., SD–215.
Committee on Homeland Security and Governmental Affairs,
Committee Meetings Subcommittee on Oversight of Government Management,
the Federal Workforce, and the District of Columbia, to
No committee meetings were held. hold hearings to examine State Department training, fo-
cusing on investing in the workforce to address 21st cen-
Joint Meetings tury challenges, 10 a.m., SD–342.
No joint committee meetings were held. Full Committee, to hold hearings to examine the nom-
ination of Heather A. Higginbottom, of the District of
f Columbia, to be Deputy Director of the Office of Man-
COMMITTEE MEETINGS FOR TUESDAY, agement and Budget, Executive Office of the President,
MARCH 8, 2011 2:30 p.m., SD–342.
Committee on Veterans’ Affairs, to hold joint hearings to
(Committee meetings are open unless otherwise indicated) examine the legislative presentation from Veterans of For-
eign Wars, 9:30 a.m., 345, Cannon Building.
Select Committee on Intelligence, to hold closed hearings to
Senate examine certain intelligence matters, 2:30 p.m., SH–219.
Committee on Armed Services, to hold hearings to examine
the Department of the Navy in review of the Defense Au- House
thorization request for fiscal year 2012 and the Future Committee on Appropriations, Subcommittee on Interior,
Years Defense Program; with the possibility of a closed Environment, and Related Agencies, on Department of
session in SH–219 following the open session, 9:45 a.m., the Interior FY 2012 Budget Oversight Hearing, 1 p.m.,
SD–G50. 2359 Rayburn.
Committee on Banking, Housing, and Urban Affairs, to Subcommittee on Financial Services and General Gov-
hold hearings to examine the nominations of Peter A. Di- ernment, on FY 2012 Budget—Small Business Adminis-
amond, of Massachusetts, to be a Member of the Board tration, 3 p.m., H–309 Capitol.
of Governors of the Federal Reserve System, and Kath- Committee on Energy and Commerce, Subcommittee on En-
arine G. Abraham, of Iowa, and Carl Shapiro, of Cali- ergy and Power, hearing entitled ‘‘Climate Science and
fornia, both to be a Member of the Council of Economic EPA’s Greenhouse Gas Regulations,’’ 10 a.m., 2123 Ray-
Advisers, Executive Office of the President, 10 a.m., burn.
SD–538. Committee on Foreign Affairs, Subcommittee on Africa,
Committee on the Budget, to hold hearings to examine the Global Health, and Human Rights, The Democratic Re-
report of the National Commission on Fiscal Responsi- public of the Congo: Securing Peace in the Midst of
bility and Reform, 10 a.m., SD–608. Tragedy, 1 p.m., 2172 Rayburn.
Committee on Commerce, Science, and Transportation, Sub- Committee on the Judiciary, Subcommittee on Courts,
committee on Oceans, Atmosphere, Fisheries, and Coast Commercial and Administrative Law hearing on H.R. 10,
Guard, to hold hearings to examine implementation of the ‘‘Regulations From the Executive in Need of Scrutiny
the ‘‘Magnuson-Stevens Fishery Conservation and Man- Act of 2011,’’ 4 p.m., 2141 Rayburn.
agement Act’’, 10:30 a.m., SR–253. Committee on Natural Resources; Subcommittee on Indian
Full Committee, to hold hearings to examine the Presi- and Alaska Native Affairs, hearing on ‘‘The effectiveness
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dent’s proposed budget request for fiscal year 2012 for of federal spending on Native American programs, and on
the Department of Transportation, 2:30 p.m., SR–253. the President’s FY 2012 budget request for the Bureau
Committee on Energy and Natural Resources, to hold hear- of Indian Affairs and the Office of the Special Trustee for
ings to examine the nomination of Peter Bruce Lyons, of American Indians,’’ 11 a.m., 1334 Longworth.
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March 7, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D199
Subcommittee on Indian and Alaska Native Affairs, Committee on Transportation, Subcommittee on Water
hearing on the effectiveness of federal spending on Native Resources and Environment hearing entitled ‘‘Review of
American programs, and on the President’s FY 2012 the FY 2012 Budget and Priorities of the Army Corps
budget request for the Bureau of Indian Affairs and the of Engineers, Tennessee Valley Authority, and the Nat-
Office of the Special Trustee for American Indians, 10 ural Resources Conservation Service: Finding Ways To
a.m., 1324 Longworth. Do More With Less,’’ 2 p.m., 2167 Rayburn.
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D200 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 2011
Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES
9:30 a.m., Tuesday, March 8 2 p.m., Tuesday, March 8
Senate Chamber House Chamber
Program for Tuesday: After the transaction of any Program for Tuesday: To be announced.
morning business (not to extend beyond two hours), Sen-
ate will continue consideration of S. 23, Patent Reform
(Senate will recess from 12:30 p.m. until 2:15 p.m. for their
respective party conferences.)
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