Congressional Record, Senate, March 16, 2022, Page S1205
Summary
A page of the Congressional Record, Senate, dated March 16, 2022, at page S1205. A Senator who says he primarily authored the bill describes the EB–5 Reform and Integrity Act of 2022, included in the Omnibus bill, which repeals the pilot program created in 1992, sets up a new Regional Center Program, raises investment levels for the first time since 1990 and requires that they be adjusted for inflation every 5 years. The Senator also says President Biden's attempt to blame inflation on Vladimir Putin is ludicrous because the inflation crisis has been going on for a year, and criticizes the administration's energy agenda. The remarks are the Senator's own.
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“Congressional Record, Senate, March 16, 2022, Page S1205.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-03-16-crec-2022-03-16-pt1-pgs1205-2671f9c529/
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March 16, 2022 CONGRESSIONAL RECORD — SENATE S1205
of our country. Gerrymandering under- employment area designations for cen- drive up the cost of getting goods to
mined the whole purpose of the pro- sus tracts that have experienced per- customers.
gram. sistently high unemployment for a President Biden would like to blame
Another problem that the reforms number of years rather than just brief the inflation situation, particularly
addressed was that EB–5 investment spikes in unemployment due to tem- high energy prices, on Vladimir Putin.
levels had not been adjusted by Con- porary and extraordinary cir- I don’t need to tell anyone how ludi-
gress since 1990, and they should have cumstances, such as what you could crous that is. Our inflation crisis has
been adjusted for the inflation that has have because of the COVID–19 pan- been going on for a year. Vladimir
taken place since then, and our act demic, as just one example. Putin invaded Ukraine 3 weeks ago. I
does make some adjustment in that Finally, the legislation puts in place am afraid passing the buck to Putin
area. It doesn’t quite make up for all specific visa set-asides for rural area doesn’t hold water.
the inflation we have had since 1990, projects, high unemployment area Now, it is true that the uncertainty
but it is still better than if we had gone projects, and infrastructure projects. surrounding Putin’s war and cor-
with those 1990 figures. The visa set-aside for infrastructure responding sanctions on Russia are
The EB–5 Reform and Integrity Act projects is limited to true public infra- partly to blame for the most recent
of 2022, which was included in the Om- structure projects; that is, in further spike in gas prices. But had gas prices
nibus bill, will address a number of explanation, those that benefit the been lower to start with, Americans
these issues. The bill, which Senator public and the American people, not wouldn’t be feeling the sanctions-trig-
LEAHY and I primarily authored, for- public-private partnerships or projects gered bump to the extent that they
mally repeals the pilot program cre- for private businesses. are.
ated by Congress in 1992 and codifies in I will continue to monitor the imple- Democrats’ American Rescue Plan
its place a new Regional Center Pro- mentation of this bill, as well as devel- spending spree helped create our infla-
gram reflecting a number of reforms opments in the EB–5 program over tion crisis. Americans need to look no
that we pursued for many years. These coming months and years. further than the White House when
reforms will help to crack down on This bill was titled the EB–5 Reform wondering how the United States, a re-
fraud and abuse that have plagued the and Integrity Act of 2022. It is the re- cent net exporter of energy, is not on
program for far too many years. sult of years of hard work, and I hope stronger footing to weather these tu-
As I said in my previous statement, it brings real reform to a program multuous times.
The President has pursued an energy
all EB–5 regional centers that had op- badly in need of that reform. I am
agenda that has done next to nothing
erated under the lapsed and repealed grateful that it was included in the
to help drive energy prices down and is,
pilot program will be expected to seek Omnibus bill and was happy, after all
in fact, almost guaranteed to increase
a new regional center designation. In of these years, to see meaningful re-
energy prices long term and increase
that process, they will have to certify form of the EB–5 program finally
our reliance on foreign sources of oil.
compliance with all the relevant re- signed into law. From the moment he took office, the
quirements and reforms laid out in our I yield the floor. President sent a negative signal to en-
bill, now law, in order to receive such I suggest the absence of a quorum.
ergy producers by making it clear that
a designation. The PRESIDING OFFICER. The
his administration was not going to be
Additionally, for the first time since clerk will call the roll.
embracing conventional energy produc-
1990, the bill statutorily raises EB–5 in- The senior assistant legislative clerk
tion.
vestment levels and mandates that proceeded to call the roll. He set the tone for his administra-
they be adjusted for inflation every 5 Mr. THUNE. Madam President, I ask
tion on day 1 by canceling the Key-
years so we don’t have what has hap- unanimous consent that the order for
stone XL Pipeline—an environmentally
pened in the last 30 years using 1990 fig- the quorum call be rescinded.
responsible pipeline project that was
ures for investment. The PRESIDING OFFICER. Without
already underway and that was to be
The legislation also codifies certain objection, it is so ordered.
paired with $1.7 billion in private in-
aspects of the 2019 EB–5 Immigrant In- INFLATION
vestment and renewable energy to fully
vestor Program modernization rule. Mr. THUNE. Madam President, on offset its operating emissions.
Specifically, the bill codifies the 2019 Thursday, the February inflation num- He also almost immediately froze
rule’s definition of a ‘‘high unemploy- bers were released, and the news wasn’t new oil and gas leases on Federal lands,
ment’’ targeted employment area and pretty. Inflation for February was 7.9 sending a clear signal to oil and gas
allows only the Department of Home- percent, the highest inflation since producers that his administration
land Security to make such a designa- January of 1982—January of 1982, 40 would be reluctant to work with them
tion. years ago. We are in the grip of the to increase American energy produc-
The so-called ‘‘doughnut’’ targeted worst inflation in 40 years. tion.
employment area model from the 2019 American families have been hit hard Now, President Biden has recently
rule will significantly limit the num- by this crisis as the price of everyday been touting the number of available
ber of census tracts that may be used necessities has soared, and energy permits for oil and gas development,
to seek designation as a high unem- prices, particularly gas prices, are one which is positive as far as it goes, but
ployment area. of the top challenges facing Americans. new permits have dropped precipi-
This targeted employment area Energy prices are up 25 percent on av- tously this year. And issuing permits
model, combined with exclusive au- erage from a year ago. Electricity is up alone isn’t enough to get development
thority of the Department of Homeland 9 percent. Propane, kerosene, and fire going.
Security to make ‘‘high unemploy- wood are up 19 percent. Utility gas The Biden administration has thrown
ment’’ targeted employment area des- services are up 23 percent, and prices at up roadblock after roadblock to actual
ignations, should then crack down on the pump for gasoline are up 38 per- energy development. Companies are
the targeted employment area gerry- cent. struggling to break through regulatory
mandering, which gerrymandering has The national average for a gallon of redtape to actually get oil and gas de-
long deprived the rural and the eco- gas was $4.31 on Tuesday, up from $2.86 velopment up and running. For exam-
nomically distressed areas of the in- a year ago. That is $1.45 more per gal- ple, they have struggled to obtain right
vestment that Congress intended when lon. That is a big problem for American of way to build essential development
Congress passed that legislation—now, families. That is a big problem for our infrastructure, like access roads to oil
I guess, 30 years ago. entire economy. rig sites. They are also struggling to
dlhill on DSK120RN23PROD with SENATE
Listen to this next point. I want the High energy prices don’t just have an get timely pipeline permits to trans-
Department of Homeland Security to impact when Americans fill up their port the oil and gas that they extract.
pay attention to this. It is also my be- cars; they affect prices across the econ- Unfortunately, they know exactly
lief and expectation that the Depart- omy. High energy prices drive up the how this administration feels about
ment of Homeland Security should re- cost of operating a factory. They drive building pipelines. And the Biden ad-
serve ‘‘high unemployment’’ targeted up the cost of raw materials, and they ministration is fully responsible for
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S1206 CONGRESSIONAL RECORD — SENATE March 16, 2022
these problems. The administration clear, to solar and wind. And when it The question is, Is it the sense of the
has the ability to immediately take ac- comes to alternative energy produc- Senate that debate on the nomination
tion to expedite American oil and gas tion, we need to invest in all proven of Ruth Bermudez Montenegro, of Cali-
development by clearing away the red- clean energy technologies, not just the fornia, to be United States District
tape that companies are facing. administration’s preferred technologies Judge for the Southern District of Cali-
It is refusing to do so. Instead, Presi- like electric vehicles. The administra- fornia, shall be brought to a close?
dent Biden seems ready to increase our tion has neglected important clean en- The yeas and nays are mandatory
reliance on energy imports from des- ergy technologies like biofuels, which under the rule.
potic governments in volatile areas of have demonstrated significant emis- The clerk will call the roll.
the world. That is not acceptable. En- sions reductions versus conventional The senior assistant legislative clerk
ergy independence, relying on home- gasoline. called the roll.
grown production instead of foreign en- As a resident of a rural state, I would Mr. DURBIN. I announce that the
ergy sources, is key for a number of like to see the administration get seri- Senator from New Hampshire (Mrs.
reasons. ous about leveraging agriculture as an SHAHEEN) is necessarily absent.
For starters, energy security is na- energy solution and work to expand The PRESIDING OFFICER. Are there
tional security. The more we rely on biofuel production and consumption. any other Senators in the Chamber de-
imports from other countries, the more This means not only setting robust siring to vote or change their vote?
blending targets and rejecting specious The yeas and nays resulted—yeas 57,
that we are dependent on those coun-
small refinery exemptions but approv- nays 42, as follows:
tries. We have seen that during the
current conflict in Ukraine. European ing advanced fuels from corn kernel [Rollcall Vote No. 84 Ex.]
companies like Germany have been un- fiber and restoring the year-round sale YEAS—57
able to divest from Russian energy be- of E15. Baldwin Heinrich Peters
Last week, I led a letter to the Presi- Bennet Hickenlooper Reed
cause they rely on that production. Blumenthal Hirono Rosen
dent with the Democratic whip and col-
Without Russian energy, more than Booker Kaine Rounds
leagues from both parties urging the
one country in Europe would face a Brown Kelly Sanders
President to enable E15 to be sold dur- Cantwell King Schatz
dire energy shortage—as Putin is well ing the upcoming travel season to pro- Cardin Klobuchar Schumer
aware. We don’t want to give another vide Americans with a lower cost fuel Carper Leahy Sinema
country that much power over us. that would help displace Russian oil. Casey Luján Smith
Energy independence, and the robust Collins Manchin Stabenow
Yesterday, the President’s Press Sec- Coons Markey Tester
energy production that comes with it, retary said that ‘‘E15 was on the Cortez Masto McConnell Tillis
also reduces the risk to Americans menu.’’ Well, it deserves real consider- Duckworth Menendez Van Hollen
from price hikes in the global market. ation. American drivers can’t afford for Durbin Merkley Warner
The more oil and gas the United States Feinstein Murkowski Warnock
the President not to take action. The Gillibrand Murphy Warren
produces as a share of the global mar- President could get us on a path to Graham Murray Whitehouse
ket, the more we are able to influence lower energy prices today—today—by Grassley Ossoff Wyden
global supply, which is the leading Hassan Padilla Young
announcing that his administration
driver of cost. will get serious about expediting Amer- NAYS—42
The Biden administration has not ican production of oil and natural gas. Barrasso Ernst Paul
been good for American energy inde- If he fails to do so, then he really will Blackburn Fischer Portman
pendence. We have increased our reli- Blunt Hagerty Risch
be responsible for the prices that Boozman Hawley Romney
ance on foreign sources of energy dur- Americans are facing at the pump and Braun Hoeven Rubio
ing this administration, including our for the hit that our national security Burr Hyde-Smith Sasse
reliance on Russian energy production. will take from our increasing reliance Capito Inhofe Scott (FL)
And now that we have banned Rus- Cassidy Johnson Scott (SC)
on foreign sources of energy. Cornyn Kennedy Shelby
sian energy imports, President Biden I hope the President will decide to Cotton Lankford Sullivan
seems ready to replace Russian energy, unleash American production and put Cramer Lee Thune
not with increased American produc- our Nation on a path to long-term en- Crapo Lummis Toomey
Cruz Marshall Tuberville
tion but with oil and gas from human ergy independence. Daines Moran Wicker
rights-challenged countries like Ven- I yield the floor.
NOT VOTING—1
ezuela. f
I realize that President Biden and Shaheen
CLOTURE MOTION
many Democrats would like to see the The PRESIDING OFFICER. On this
United States focus solely on alter- The PRESIDING OFFICER (Ms. vote, the yeas are 57, the nays are 42.
native energy production, but the fact BALDWIN). Pursuant to rule XXII, the The motion is agreed to.
of the matter is that we are a long way Chair lays before the Senate the pend- f
from being able to rely exclusively on ing cloture motion, which the clerk
will state. EXECUTIVE CALENDAR
alternative energy technologies.
Whether Democrats like it or not, our The senior assistant legislative clerk The PRESIDING OFFICER. The
country is going to need oil and nat- read as follows: clerk will report the nomination.
ural gas for quite a while yet, and all of CLOTURE MOTION The legislative clerk read the nomi-
Democrats’ wishful thinking isn’t We, the undersigned Senators, in accord- nation of Ruth Bermudez Montenegro,
ance with the provisions of rule XXII of the of California, to be United States Dis-
going to change that. Standing Rules of the Senate, do hereby
The answer is not to get that oil and trict Judge for the Southern District of
move to bring to a close debate on the nomi-
natural gas from despots in volatile California.
nation of Executive Calendar No. 682, Ruth
areas of the world but to get it from Bermudez Montenegro, of California, to be f
American energy production. United States District Judge for the South- CLOTURE MOTION
President Biden and his administra- ern District of California.
Charles E. Schumer, Richard J. Durbin, The PRESIDING OFFICER. Pursuant
tion may not be solely to blame for
Gary C. Peters, Edward J. Markey, Ben to rule XXII, the Chair lays before the
high gas prices, but they have the
Ray Luján, Martin Heinrich, Tammy Senate the pending cloture motion,
power. They have the power to help Baldwin, Jacky Rosen, Jeff Merkley, which the clerk will state.
lower energy prices by unleashing Raphael G. Warnock, Michael F. Ben- The bill clerk read as follows:
American energy production—all of it, net, Tammy Duckworth, Angus S.
dlhill on DSK120RN23PROD with SENATE
CLOTURE MOTION
both alternative and conventional—and King, Jr., Alex Padilla, Robert P.
We, the undersigned Senators, in accord-
they are responsible for their failure to Casey, Jr., Margaret Wood Hassan,
ance with the provisions of rule XXII of the
do so. Patrick J. Leahy.
Standing Rules of the Senate, do hereby
We need an ‘‘all of the above’’ energy The PRESIDING OFFICER. By unan- move to bring to a close debate on the nomi-
policy that embraces everything from imous consent, the mandatory quorum nation of Executive Calendar No. 678, Vic-
oil and gas to hydroelectric and nu- call has been waived. toria Marie Calvert, of Georgia, to be United
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