Bob Menendez

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I assume my distinguished colleague from Idaho is objecting on behalf of Senator Coburn, and I understand if that is the case. I have a problem in that we have a process that has festered where one person suddenly believes that they are the guardian of what is good and what is not. I always get concerned when suddenly one person in an institution believes they can use the powers that are reserved largely for the purposes of ensuring that something they feel so passionate about or so strongly about and to protect the powers of the minority can be preserved, but then it get abused and hundreds of pieces of legislation get stopped by one Senator. Now, I intend to continue to push this because I want mothers throughout this country to understand who is blocking their way from having the type of access and help that is necessary to be able to ensure that, in fact, they do not have to go through these depressions alone. We have many stories across the landscape of the country of mothers who did not know they were having post partum depression, and the consequences were that they thought about hurting their children and hurting themselves. We can do far better. When the House of Representatives passed this very same bill, and we changed it to accommodate our colleagues on the Republican side of the aisle in the HELP Committee, but passed it 382 to 3--382 to 3--the reality is, something is wrong when one Senator believes he or she can stop the progress on behalf of millions of women in this country. I am going to come to the floor of the Senate time and time again. I want American women to know who is the impediment to the opportunity for them to get the help they need. I want mothers to know who is the impediment to get the help they need. I want families to know who is the impediment to get the help they need. I want husbands to know who is the impediment to have their spouses get the help they need, and that is one Senator--one Senator.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the substitute amendment which is at the desk be agreed to, the bill, as amended, be read three times and passed, the motions to reconsider be laid upon the table, with no intervening action or debate, and that any statements relating to this measure be printed in the Record.

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the HELP Committee be discharged from further consideration of S. 2932, and the Senate proceed to its immediate consideration.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 971, S. 2816.

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the bill be read a third time and passed, the motion to reconsider be laid upon the table, with no intervening action or debate, and that any statements related thereto be printed in the Record.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. Con. Res. 101, which was submitted earlier today.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motions to reconsider be laid upon the table, with no intervening action or debate, and any statements be printed in the Record.

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the Judiciary Committee be discharged from further consideration of S. Res. 490 and the Senate proceed to its immediate consideration.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I further ask unanimous consent that the amendment at the desk be agreed to; the bill, as amended, be read the third time and passed; the motion to reconsider be laid upon the table; and any statements be printed in the Record.

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the Committee on the Judiciary be discharged from further consideration of H.R. 4120, the Effective Child Pornography Prosecution Act, and the Senate proceed to its immediate consideration.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 701, S. 1810.

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the amendment at the desk be agreed to; the committee-reported amendment, as amended, be agreed to; the bill, as amended, be read three times and passed; the motions to reconsider be laid upon the table; and that any statements be printed in the Record.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I have come to the floor today to introduce legislation intended to bring much needed reform to the Minerals Management Service. After recent reports of the widespread corruption at the agency, I came together with my colleague Senator Nelson from Florida to work on legislative solutions that will address the complete and total lack of ethics at this agency. I would also like to take this time to thank Senator Nelson for his outstanding work on this bill. I know there are few people out there that show as much dedication and clear vision on this issue as he does. The cries of Drill! Drill! Drill! have reached a fevered pitch and proponents of drilling say that a profitable relationship between the Government and the oil industry will benefit everyone involved. However, as we have recently learned from reports released by the Department of Interior Inspector General's Office, the influence of Big Oil corrupts absolutely. Honestly, we have been learning that lesson over and over again since we sent an oil man to the White House. The influence of Big Oil has led us to make policy decisions that are diametrically opposed to the best interests of this country. With barrels of Big Oil lobbying money, this administration has led us all head first into policies that benefit Big Oil and almost no one else. We are more addicted to oil than ever before and we continue with this addiction to the detriment of our economy, our energy infrastructure, our environment, and even our national security. Once Big Oil is involved, it is as if all reason flies out the window. Nowhere has this become clearer than at the Minerals Management Service. The most recent reports from the Inspector General's office describe corruption at MMS on a level difficult to believe. The descriptions of drug use and sexual activity between oil company representatives and MMS employees are not suitable for network television, much less the floor of the United States Senate. This is the agency tasked with leasing Federal lands to oil companies and ensuring the adequate compensation of such leasing and yet their employees behaved like oil company lackeys with complete disregard for the interests of the American taxpayer. I am sure no one is surprised by the increased influence of the oil industry since we elected a former oil man to the White House, but this is truly beyond the pale. The Inspector General's report concludes that MMS is plagued by ``a culture of ethical failure.'' This is an agency where conflict of interest is not only the norm, but where officials do not think the rules even apply to them. This is an agency with a complete free-for-all atmosphere where employees go on golf and ski outings, concerts, and sporting events all paid for by oil executives. This is an agency whose culture is ``devoid of both ethical standards and internal controls'' where officials are LITERALLY and figuratively in bed with industry. This is the agency that we want to trust with our shorelines. This is the agency we want to trust to lease thousands of miles of our beaches to the oil industry and then collect compensation for use of that public land--OUR LAND--with oil and gas. The Government Accountability Office has already released reports that concluded that MMS has no idea if they are collecting the right amount of oil through the Royalty-in- Kind program. Not only that, but the agency has refused to institute the reforms recommended by GAO in order to collect the correct amount of compensation from the oil industry. Of course, considering the Inspector General's report, their lack of reform is not surprising as they were too busy living the high life on the oil industry's dime. This agency is clearly in desperate need of regulation. If the officials at MMS believe that the rules do not apply to them, then clearly we need tougher rules. That is why I rise today with my colleague Senator Nelson from Florida to introduce legislation that will dramatically toughen the ethics rules for employees at the Minerals Management Service. First, this legislation holds MMS employees to the same standards as federal procurement officials and addresses the revolving door between the agency and industry. There would be a one year ban on agency employees taking any private sector job for companies the employee worked with while a federal employee. This means ANY job, not just ``representational activities'' such as lobbying. Any real first crack at reform has to be stopping this revolving door. Second, this legislation requires that MMS employees divest all industry investments before working at MMS. Currently, the law only requires that employees recuse themselves from working on a matter specifically having to do with a particular company in which they have a financial stake. Needless to say, trusting MMS employees who believe the rules do not apply to them and that the agency is here to serve the needs of industry seems unrealistic at best and downright dangerous at worst. Third, we would increase the number of MMS employees required to file public financial disclosure forms and forms revealing past employment. Those who earn incomes at the base level of a G-13 employee or higher will now have to reveal this information. Currently, only employees compensated at 120 percent of GS15 level or more must disclose. However, as this report makes clear, the extreme influence of industry on the agency means that employees beyond merely the top officials need to be held to a higher standard of objectivity. Of course, as I mentioned, the issues at MMS do not end with the ethical standards, or lack thereof, among agency employees. The Royalty-In-Kind Program is broken and the Federal Government is not being compensated for the leasing of land to the oil industry. This program is part of the second largest source of revenue for the Federal Government, yet it currently operates on what basically amounts to an honor system. We are supposed to trust the oil companies to pay the right amount and for the employees to see that the Government receives compensation. Therefore, our legislation would suspend the Royalty-In-Kind program until the following conditions are met. First, the MMS must conduct a comprehensive review to determine if it has been accurately collecting royalties and report its finding to Congress. We all know the oil industry is flush with cash, so there is absolutely no excuse for them to use OUR LAND to make a profit and not pay for it. Second, the MMS must conduct a thorough review to ensure that metering equipment properly measure what royalties are owed to the Federal Government and report those findings to Congress. In addition, they will be required to perform no less than 550 audits of oil and gas leases each fiscal year to assure adequate royalties are being collected. There needs to be a real process in place to ensure adequate compensation. Third, they must also have a robust training program for their employees ending with a signed certification that MMS employees understand ethics laws and regulations. It needs to be abundantly clear to all agency employees and officials that no matter who is in the White House the rules most definitely apply to them. Last, the MMS must create a position for an ombudsman that will monitor the agency's progress in carrying out all these reforms. This ombudsman must be hired by and report exclusively to the Department of Interior Inspector General's office because there must be an objective outside source to protect us from this type of corruption happening again. The Inspector General will also be tasked with determining whether the Royalty-In-Kind program is even saving the taxpayers money at all. Clearly, some type of reform at MMS is desperately needed. I believe the bill Senator Nelson and I are introducing will go a long way towards addressing these concerns. No matter what, I do not see how we can in good conscience open up thousands of miles of our precious coastlines to the oil industry without being able to trust the agency tasked with protecting our interests.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of calendar No. 1030, S. Res. 540.

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motions to reconsider be laid upon the table, with no intervening action or debate, and that statements relating to the resolution be printed in the Record.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand in recess until 9:30 a.m. tomorrow, Wednesday, September 24; that following the prayer and pledge, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and the Senate proceed to a period for the transaction of morning business, with Senators permitted to speak for up to 10 minutes each, with the time equally divided and controlled between the two leaders or their designees, with the majority controlling the first 30 minutes and the Republicans controlling the second 30 minutes; that following that hour, morning business continue with Senators permitted to speak for up to 10 minutes each.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that it stand in recess under the previous order.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I wish today to honor Anthony J. Harding for his leadership, integrity, and many accomplishments at United Water, one of the Nation's largest private water companies. During the past 5 years, Tony has been the chief executive officer of United Water, and he was responsible for the success of the company's water and wastewater operations of both regulated and nonregulated businesses. Last month, Tony was named chairman of the board at United Water, a subsidiary of Paris-based Suez Environment. Tony has over 35 years of experience in engineering and operations including management of major water businesses in Europe and Asia. Prior to joining United Water, he was president of Suez Environment in the Asia Pacific Region, with overall responsibility for water operations in the Philippines, Malaysia, Vietnam, Australia, and New Zealand. He also enjoyed a long and distinguished career managing water operations for two of England's most prestigious water companies: Essex and Suffolk Water Plc. and Northumbrian Water Plc. In 2003, Tony was named chief executive officer at United Water and he immediately made an impressive impact in the United States water services industry, making the company the respected and sought-after institution it is today. As CEO, Tony has made great strides in improving the water services to people in cities and towns across the country. As a result of his remarkable skills, United Water now provides water services to customers in the 48 continental States as opposed to 21 States when Tony took over as CEO. In 2005 Tony worked with then-Governor Kempthorne of Idaho to install high-tech membrane water filtration technology at a brandnew water treatment plant in Boise. In 2006 he worked with Pennsylvania Congressman Tim Holden to bring similar technology to the people in the Harrisburg community. In 2007, Tony launched an aggressive $110 million project in northern New Jersey, utilizing the latest water filtration technology to improve water quality for nearly 1 million residents in the State. Additionally, Tony has provided his wealth of experience to the National Association of Water Companies and the American Water Works Association. He is also on the board of directors for the United Way in northern New Jersey. Dedicated to both his community and his family, Tony and his wife, Christine, have two daughters, Rhyan and Bethan. Tony received his bachelor of science degree in civil engineering from the University of Glamorgan in Wales. He was also a contributing author to the textbook ``Instrumentation and Computer Integration in Water Utility Operations,'' a joint project between the American and Japanese Water Associations. There is no doubt that Anthony J. Harding exhibits all the qualities of an exemplary leader who has greatly impacted this Nation's water and wastewater industry. Therefore, I am pleased to pay tribute to Anthony J. Harding and know my colleagues will join in wishing him continued success.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I have come to the floor today to introduce legislation intended to bring much needed reform to the Minerals Management Service. After recent reports of the widespread corruption at the agency, I came together with my colleague Senator Nelson from Florida to work on legislative solutions that will address the complete and total lack of ethics at this agency. I would also like to take this time to thank Senator Nelson for his outstanding work on this bill. I know there are few people out there that show as much dedication and clear vision on this issue as he does. The cries of Drill! Drill! Drill! have reached a fevered pitch and proponents of drilling say that a profitable relationship between the Government and the oil industry will benefit everyone involved. However, as we have recently learned from reports released by the Department of Interior Inspector General's Office, the influence of Big Oil corrupts absolutely. Honestly, we have been learning that lesson over and over again since we sent an oil man to the White House. The influence of Big Oil has led us to make policy decisions that are diametrically opposed to the best interests of this country. With barrels of Big Oil lobbying money, this administration has led us all head first into policies that benefit Big Oil and almost no one else. We are more addicted to oil than ever before and we continue with this addiction to the detriment of our economy, our energy infrastructure, our environment, and even our national security. Once Big Oil is involved, it is as if all reason flies out the window. Nowhere has this become clearer than at the Minerals Management Service. The most recent reports from the Inspector General's office describe corruption at MMS on a level difficult to believe. The descriptions of drug use and sexual activity between oil company representatives and MMS employees are not suitable for network television, much less the floor of the United States Senate. This is the agency tasked with leasing Federal lands to oil companies and ensuring the adequate compensation of such leasing and yet their employees behaved like oil company lackeys with complete disregard for the interests of the American taxpayer. I am sure no one is surprised by the increased influence of the oil industry since we elected a former oil man to the White House, but this is truly beyond the pale. The Inspector General's report concludes that MMS is plagued by ``a culture of ethical failure.'' This is an agency where conflict of interest is not only the norm, but where officials do not think the rules even apply to them. This is an agency with a complete free-for-all atmosphere where employees go on golf and ski outings, concerts, and sporting events all paid for by oil executives. This is an agency whose culture is ``devoid of both ethical standards and internal controls'' where officials are LITERALLY and figuratively in bed with industry. This is the agency that we want to trust with our shorelines. This is the agency we want to trust to lease thousands of miles of our beaches to the oil industry and then collect compensation for use of that public land--OUR LAND--with oil and gas. The Government Accountability Office has already released reports that concluded that MMS has no idea if they are collecting the right amount of oil through the Royalty-in- Kind program. Not only that, but the agency has refused to institute the reforms recommended by GAO in order to collect the correct amount of compensation from the oil industry. Of course, considering the Inspector General's report, their lack of reform is not surprising as they were too busy living the high life on the oil industry's dime. This agency is clearly in desperate need of regulation. If the officials at MMS believe that the rules do not apply to them, then clearly we need tougher rules. That is why I rise today with my colleague Senator Nelson from Florida to introduce legislation that will dramatically toughen the ethics rules for employees at the Minerals Management Service. First, this legislation holds MMS employees to the same standards as federal procurement officials and addresses the revolving door between the agency and industry. There would be a one year ban on agency employees taking any private sector job for companies the employee worked with while a federal employee. This means ANY job, not just ``representational activities'' such as lobbying. Any real first crack at reform has to be stopping this revolving door. Second, this legislation requires that MMS employees divest all industry investments before working at MMS. Currently, the law only requires that employees recuse themselves from working on a matter specifically having to do with a particular company in which they have a financial stake. Needless to say, trusting MMS employees who believe the rules do not apply to them and that the agency is here to serve the needs of industry seems unrealistic at best and downright dangerous at worst. Third, we would increase the number of MMS employees required to file public financial disclosure forms and forms revealing past employment. Those who earn incomes at the base level of a G-13 employee or higher will now have to reveal this information. Currently, only employees compensated at 120 percent of GS15 level or more must disclose. However, as this report makes clear, the extreme influence of industry on the agency means that employees beyond merely the top officials need to be held to a higher standard of objectivity. Of course, as I mentioned, the issues at MMS do not end with the ethical standards, or lack thereof, among agency employees. The Royalty-In-Kind Program is broken and the Federal Government is not being compensated for the leasing of land to the oil industry. This program is part of the second largest source of revenue for the Federal Government, yet it currently operates on what basically amounts to an honor system. We are supposed to trust the oil companies to pay the right amount and for the employees to see that the Government receives compensation. Therefore, our legislation would suspend the Royalty-In-Kind program until the following conditions are met. First, the MMS must conduct a comprehensive review to determine if it has been accurately collecting royalties and report its finding to Congress. We all know the oil industry is flush with cash, so there is absolutely no excuse for them to use OUR LAND to make a profit and not pay for it. Second, the MMS must conduct a thorough review to ensure that metering equipment properly measure what royalties are owed to the Federal Government and report those findings to Congress. In addition, they will be required to perform no less than 550 audits of oil and gas leases each fiscal year to assure adequate royalties are being collected. There needs to be a real process in place to ensure adequate compensation. Third, they must also have a robust training program for their employees ending with a signed certification that MMS employees understand ethics laws and regulations. It needs to be abundantly clear to all agency employees and officials that no matter who is in the White House the rules most definitely apply to them. Last, the MMS must create a position for an ombudsman that will monitor the agency's progress in carrying out all these reforms. This ombudsman must be hired by and report exclusively to the Department of Interior Inspector General's office because there must be an objective outside source to protect us from this type of corruption happening again. The Inspector General will also be tasked with determining whether the Royalty-In-Kind program is even saving the taxpayers money at all. Clearly, some type of reform at MMS is desperately needed. I believe the bill Senator Nelson and I are introducing will go a long way towards addressing these concerns. No matter what, I do not see how we can in good conscience open up thousands of miles of our precious coastlines to the oil industry without being able to trust the agency tasked with protecting our interests.

Mr. MENENDEZ

Mr. MENENDEZ. I ask unanimous consent that the Senate proceed to executive session to consider the following treaties on the Executive Calendar: Calendar Nos. 12 to 23, 27, 28, 29, 32, and 33, and that the treaties be considered as having advanced through the various parliamentary stages up to and including the presentation of the resolutions of ratification; that any committee understandings, declarations, or conditions be agreed to as applicable; that any statements be printed in the Record as if read; and that the Senate take one vote on the resolutions of ratification to be considered as separate votes; further, that when the resolutions of ratification are voted on, the motions to reconsider be considered made and laid on the table, the President be immediately notified of the Senate's action, and the Senate resume legislative session with no other motions in order, all without interviewing action or debate.

Mr. MENENDEZ. I ask for a division vote on the resolutions of ratification.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 952, S. 3328.

Mr. MENENDEZ. I ask unanimous consent that the Lieberman amendment at the desk be agreed to; the bill, as amended, be read a third time and passed; the motions to reconsider be laid upon the table with no intervening action or debate; and that any statements related thereto be printed in the Record.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 961, S. 1255.

Mr. MENENDEZ

Mr. MENENDEZ. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 953, H.R. 3068.