E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION

Vol. 156 WASHINGTON, FRIDAY, MAY 7, 2010 No. 68 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE 7387. A letter from the Acting Director, Of- fice of Thrift Supervision, Department of called to order by the Speaker pro tem- The SPEAKER pro tempore. The pore (Mr. DRIEHAUS). Treasury, transmitting a letter on the de- Chair will lead the House in the Pledge tails of the Office’s 2010 compensation plan; f of Allegiance. to the Committee on Financial Services. The SPEAKER pro tempore led the 7388. A letter from the Inspector General, DESIGNATION OF THE SPEAKER Pledge of Allegiance as follows: Department of Health and Human Services, transmitting Fiscal year 2009 Office of In- PRO TEMPORE I pledge allegiance to the Flag of the United States of America, and to the Repub- spector General Medicaid Integrity Report; The SPEAKER pro tempore laid be- lic for which it stands, one nation under God, to the Committee on Energy and Commerce. 7389. A letter from the Director, Regu- fore the House the following commu- indivisible, with liberty and justice for all. nication from the Speaker: latory Management Division, Environmental f Protection Agency, transmitting the Agen- WASHINGTON, DC, ADJOURNMENT cy’s final rule—Approval and Promulgation May 7, 2010. of Air Quality Implementation Plans; New I hereby appoint the Honorable STEVE The SPEAKER pro tempore. Without Mexico; Revisions to New Mexico Transpor- DRIEHAUS to act as Speaker pro tempore on objection, the House stands adjourned tation Conformity Regulations [EPA-R06- this day. until 12:30 p.m. on Tuesday next for OAR-2006-0990; FRL-9141-1] received April 22, NANCY PELOSI, morning-hour debate. 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Speaker of the House of Representatives. There was no objection. Committee on Energy and Commerce. Accordingly (at 10 o’clock and 1 7390. A letter from the Director, Regu- f latory Management Division, Environmental minute a.m.), under its previous order, Protection Agency, transmitting the Agen- PRAYER the House adjourned until Tuesday, cy’s final rule—Designation of Areas for Air Rev. Clete Kiley, Faith and Politics May 11, 2010, at 12:30 p.m., for morning- Quality Planning Purposes; California; San Institute, Washington, DC, offered the hour debate. Joaquin Valley, South Coast Air Basin, f Coachella Valley, and Sacramento Metro 8- following prayer: hour Ozone Nonattainment Areas; Reclassi- Father in Heaven, bless us as we EXECUTIVE COMMUNICATIONS, fication [EPA-R09-OAR-2008-0467; FRL-9141-8] gather today for this meeting of the ETC. received April 22, 2010, pursuant to 5 U.S.C. House of Representatives. Under clause 2 of rule XIV, executive 801(a)(1)(A); to the Committee on Energy and Guide our minds and hearts so that Commerce. communications were taken from the 7391. A letter from the Secretary, Depart- we will work for the common good of Speaker’s table and referred as follows: our Nation and for the benefit of our ment of Transportation, transmitting the 7384. A letter from the Director, Regu- Department’s annual report for Fiscal Year people. latory Management Division, Environmental 2009 prepared in accordance with Section 203 Teach us to be generous in our out- Protection Agency, transmitting the Agen- of the Notification and Federal Employee look and patient with each other. cy’s final rule—Cyromazine; Pesticide Toler- Antidiscrimination and Retaliation Act of Strengthen us to be courageous in ances [EPA-HQ-OPP-2008-0866; FRL-8801-6] 2002 (No FEAR Act), Public Law 107-174; to the face of the challenges we face as a received April 22, 2010, pursuant to 5 U.S.C. the Committee on Oversight and Govern- nation and to be wise in our decisions. 801(a)(1)(A); to the Committee on Agri- ment Reform. May You, who begin this good work culture. 7392. A letter from the Administrator, Gen- 7385. A letter from the Director, Regu- here this morning, bring it to fulfill- eral Services Administration, transmitting latory Management Division, Environmental the Administration’s annual report for FY ment according to Your plan. Protection Agency, transmitting the Agen- 2009 prepared in accordance with the Notifi- We thank and praise You, for You are cy’s final rule—Difenoconazole Pesticide cation and Federal Employee Antidiscrimi- God forever and ever. Amen. Tolerances [EPA-HQ-OPP-2009-0162; FRL- nation and Retaliation Act of 2002 (No FEAR 8817-3] received April 22, 2010, pursuant to 5 Act); to the Committee on Oversight and f U.S.C. 801(a)(1)(A); to the Committee on Ag- Government Reform. riculture. 7393. A letter from the Acting Senior Pro- THE JOURNAL 7386. A letter from the Director, Regu- curement Executive, General Services Ad- The SPEAKER pro tempore. The latory Management Division, Environmental ministration, transmitting the Administra- Chair has examined the Journal of the Protection Agency, transmitting the Agen- tion’s final rule—Federal Acquisition Regu- cy’s final rule—Imidacloprid; Pesticide Tol- lation; FAR Case 2009-005, Use of Project last day’s proceedings and announces erances [EPA-HQ-OPP-2008-0722; FRL-8818-5] Labor Agreements for Federal Construction to the House his approval thereof. received April 22, 2010, pursuant to 5 U.S.C. Projects [FAC 2005-41; FAR Case 2009-005; Pursuant to clause 1, rule I, the Jour- 801(a)(1)(A); to the Committee on Agri- Item I; Docket 2009-0024, Sequence 1] (RIN: nal stands approved. culture. 9000-AL31) received April 28, 2010, pursuant to

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. 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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VerDate Mar 15 2010 01:59 May 08, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A07MY7.000 H07MYPT1 jbell on DSKDVH8Z91PROD with HOUSE H3278 CONGRESSIONAL RECORD — HOUSE May 7, 2010 5 U.S.C. 801(a)(1)(A); to the Committee on pointed members to the Washington Advi- Mr. FRANK of Massachusetts (for Mr. Oversight and Government Reform. sory Committee; to the Committee on the KANJORSKI, Ms. WATERS, and Ms. 7394. A letter from the Deputy Archivist of Judiciary. MATSUI) introduced a bill (H.R. 5255) the United States, National Archives and 7401. A letter from the Staff Director, Com- to reauthorize the National Flood In- Records Administration, transmitting the mission on Civil Rights, transmitting notifi- surance Program, and for other pur- Administration’s final rule—National Indus- cation that the Commission recently ap- poses; which was referred to the Com- trial Security Program Directive No. 1 pointed members to the New Jersey Advisory mittee on Financial Services. [FDMS Docket ISOO-09-0001] (RIN: 3095- Committee; to the Committee on the Judici- ary. AB63) received April 14, 2010, pursuant to 5 f U.S.C. 801(a)(1)(A); to the Committee on 7402. A letter from the Assistant Attorney Oversight and Government Reform. General, Department of Justice, transmit- 7395. A letter from the Director, Office of ting the Department’s report detailing ac- ADDITIONAL SPONSORS Personnel Management, transmitting the Of- tivities under the Civil Rights of Institu- fice’s Fiscal Year 2009 Notification and Fed- tionalized Persons Act during Fiscal Year Under clause 7 of rule XII, sponsors eral Employee Antidiscrimination and Re- 2009; to the Committee on the Judiciary. were added to public bills and resolu- taliation Act of 2002 (No FEAR Act), pursu- 7403. A letter from the Attorney-Advisor, tions as follows: ant to Public Law 107-174, section 203; to the Department of Homeland Security, transmit- H.R. 3993: Ms. TSONGAS. Committee on Oversight and Government ting the Department’s final rule—Draw- Reform. bridge Operation Regulation; Chester River, H.R. 5116: Mr. EHLERS, Mr. LIPINSKI, Mr. 7396. A letter from the Assistant Sec- Chestertown, MD [Docket No.: USCG-2009- CARNAHAN, Ms. EDDIE BERNICE JOHNSON of retary—Land and Minerals Management, De- 0796] (RIN: 1625-AA09) received April 22, 2010, Texas, Ms. GIFFORDS, Mr. GARAMENDI, Ms. partment of the Interior, transmitting the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FUDGE, Mr. TONKO, Mr. BAIRD, Mr. WILSON of Department’s final rule—Oil and Gas and mittee on Transportation and Infrastruc- Ohio, Mr. MAFFEI, Mr. MARKEY of Massachu- Sulphur Operations in the Outer Continental ture. setts, Mr. ROTHMAN of New Jersey, Mr. INS- Shelf — Oil and Gas Production Require- f LEE, Ms. WOOLSEY, Mrs. DAHLKEMPER, Ms. ments [MMS-2008-OMM-0034] (RIN: 1010- RICHARDSON, Mr. HOLT, Mr. MILLER of North AD12) received April 15, 2010, pursuant to 5 REPORTS OF COMMITTEES ON Carolina, Mr. WU, Ms. EDWARDS of Maryland, U.S.C. 801(a)(1)(A); to the Committee on Nat- PUBLIC BILLS AND RESOLUTIONS Mr. COSTELLO, Ms. ESHOO, Mr. PERRIELLO, ural Resources. Under clause 2 of rule XIII, reports of Ms. KOSMAS, Mr. ALTMIRE, Mr. MITCHELL, 7397. A letter from the Senior Procurement committees were delivered to the Clerk Mr. SALAZAR, Mr. BISHOP of Georgia, Mr. MINNICK, Mr. SPACE, Mr. MOORE of Kansas, Analyst, Department of the Interior, trans- for printing and reference to the proper mitting the Department’s final rule—Acqui- Mr. ELLSWORTH, Mr. ARCURI, Mr. BARROW, sition Regulation Rewrite (RIN: 1093-AA1) calendar, as follows; Mr. SHULER, Mr. BOYD, Mr. HOYER, Mr. received April 15, 2010, pursuant to 5 U.S.C. Mr. OBERSTAR: Committee on Transpor- MCNERNEY, Ms. ZOE LOFGREN of California, 801(a)(1)(A); to the Committee on Natural tation and Infrastructure. House Resolution Mr. GEORGE MILLER of California, Mr. LUJA´ N, Resources. 1284. Resolution supporting the goals and Mr. MATHESON, Mr. HINOJOSA, Mr. CHANDLER, 7398. A letter from the Assistant Adminis- ideals of National Learn to Fly Day, and for Ms. HARMAN, Mr. MORAN of Virginia, Mr. trator for Fisheries, National Oceanic and other purposes; with amendments (Rept. 111– REYES, Mr. MICHAUD, Mr. SCHIFF, Mr. MEEK Atmospheric Administration, transmitting 477). Referred to the House Calendar. of Florida, Mr. SCHAUER, Mr. CARNEY, Ms. the Administration’s 2009 Report on the Dis- Mr. GORDON of Tennessee: Committee on TSONGAS, Mr. MARSHALL, Mr. YARMUTH, Mr. closure of Financial Interest and Recusal Re- Science and Technology. H.R. 5116. A bill to LANGEVIN, Mr. CAPUANO, Mr. HEINRICH, Ms. quirements for Regional Fishery Manage- invest in innovation through research and PINGREE of Maine, Mr. HILL, Mr. HARE, Mr. ment Councils and Scientific and Statistical development, to improve the competitive- DINGELL, Mr. THOMPSON of California, Ms. Committees, pursuant to Section 302(j) of the ness of the United States, for other purposes; CHU, Mr. GRAYSON, Mr. KIND, Mr. VAN Magnuson-Stevens Fishery Conservation and with an amendment (Rept. 111–478, Pt. 1). Re- HOLLEN, Mr. DAVIS of Tennessee, Mr. PE- Management Act; to the Committee on Nat- ferred to the Committee of the Whole House TERS, Mr. MURPHY of New York, Ms. CASTOR ural Resources. on the State of the Union. of Florida, Mrs. HALVORSON, Ms. SHEA-POR- 7399. A letter from the Assistant Adminis- DISCHARGE OF COMMITTEE TER, Ms. KILROY, Ms. CLARKE, Mr. CLYBURN, trator for Fisheries, National Oceanic and Pursuant to clause 2 of rule XIII, the Ms. TITUS, Mr. COURTNEY, Mr. HALL of New Atmospheric Administration, transmitting Committee on Education and Labor York, Mr. TIERNEY, Ms. HIRONO, Mr. the Administration’s 2009 report on Appor- discharged from further consideration. CONNOLLY of Virginia, Mr. HOLDEN, Mr. FOS- tionment of Membership on the Regional H.R. 5116 referred to the Committee of TER, Ms. DELAURO, Mr. MCGOVERN, Mr. PAT- Fishery Management Councils, pursuant to RICK J. MURPHY of Pennsylvania, Mr. the Whole House on the State of the Section 302(b)(2)(B) of the Magnuson-Stevens KRATOVIL, Mr. DONNELLY of Indiana, Mr. Fishery Conservation and Management Act; Union. QUIGLEY, Mrs. BIGGERT, Mr. KLEIN of Florida, to the Committee on Natural Resources. f Mr. ROSS, Mr. LARSON of Connecticut, Ms. 7400. A letter from the Staff Director, Com- SUTTON, Mr. ELLISON, Mr. DEUTCH, Mr. PUBLIC BILLS AND RESOLUTIONS mission on Civil Rights, transmitting notifi- SCHRADER, Mr. BOCCIERI, and Ms. MARKEY of cation that the Commission recently ap- Under clause 2 of rule XII, Colorado.

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Vol. 156 WASHINGTON, FRIDAY, MAY 7, 2010 No. 68 Senate The Senate met at 9:30 a.m. and was Senator from the Commonwealth of Vir- I said yesterday, there are lots of called to order by the Honorable MARK ginia, to perform the duties of the Chair. amendments. A lot of them are in the R. WARNER, a Senator from the Com- ROBERT C. BYRD, same area. We need to focus on these. President pro tempore. monwealth of Virginia. Senator DURBIN has six amendments. Mr. WARNER thereupon assumed the He is going to offer one of his amend- PRAYER chair as Acting President pro tempore. ments. That is an example for all of us The Chaplain, Dr. Barry C. Black, of- f to follow. fered the following prayer: RECOGNITION OF THE MAJORITY Again, we ended the day on a good Let us pray. LEADER note. I believe that is important. We Eternal God, thank You for life’s The ACTING PRESIDENT pro tem- have already lined up some things to blessings that You give us from Your pore. The majority leader is recog- do when we begin legislative session on open hand and heart. Lord, You have nized. Tuesday, but on Monday, the two man- blessed us with the Sun, the stars, the agers will be ready to do business on f wind, the rain, the sea, the sky, the work they are doing. A number of these fields and forests. All of these gifts we SCHEDULE things can be worked out. The two peo- too often take for granted. Mr. REID. Mr. President, following ple managing the banking part of this Thank You for the Members of this leader remarks, the Senate will resume bill are longtime legislators. They have legislative body and the many other consideration of the Wall Street reform handled many bills on the Senate floor. workers who serve You faithfully away bill. There will be no rollcall votes They will accept a lot of these amend- from the spotlight. Empower them to today or on Monday or on next Friday. ments. meet the challenges of our times with The following Monday, we will take a The derivatives part of this bill is, by Your providential power. Strengthen look at that. That is now scheduled as some standards, a little more com- them to perform faithfully and well the a no-vote day. We may not be able to plicated, but even there the issues are work You have assigned their hands to do that. Other things have come up, fairly clear. Senators LINCOLN and do. not the least of which is a conversation CHAMBLISS are ready to work with Sen- We pray in Your great Name. Amen. with Secretary Gates yesterday about ators who have ideas as to how, if at all, they want to change the legisla- f the supplemental war funding bill. We are going to do our utmost to fin- tion. They are also ready for business. PLEDGE OF ALLEGIANCE ish the bill we are on now next week. I hope people understand the urgency of our agenda. We have many things to The Honorable MARK R. WARNER led We have today and all day Monday for the Pledge of Allegiance, as follows: people to work on amendments, and we do and a very short period of time to do would hope we can make some progress them. I pledge allegiance to the Flag of the United States of America, and to the Repub- in that regard. Yesterday, there were a f few difficult spots, but late in the lic for which it stands, one nation under God, RESERVATION OF LEADER TIME indivisible, with liberty and justice for all. evening we were able to get the Senate back on track. We had some important The ACTING PRESIDENT pro tem- f legislation done last night. pore. Under the previous order, the APPOINTMENT OF ACTING I repeat what I said last night: There leadership time is reserved. PRESIDENT PRO TEMPORE doesn’t need to be long periods of time f for debating most of these issues. We The PRESIDING OFFICER. The have all studied them. This bill has RESTORING AMERICAN FINANCIAL clerk will please read a communication been in the public eye for a long time. STABILITY ACT OF 2010 to the Senate from the President pro SHERROD BROWN had a controversial, tempore (Mr. BYRD). The ACTING PRESIDENT pro tem- important amendment. I supported The assistant legislative clerk read pore. The Senate will resume consider- that amendment. But he spoke for 5 the following letter: ation of S. 3217, which the clerk will re- minutes. The opposition spoke for 5 port. U.S. SENATE, minutes. Everyone understood what PRESIDENT PRO TEMPORE, The assistant legislative clerk read Washington, DC, May 7, 2010. they were doing. It was a good vote. I as follows: To the Senate: use that as an example. We can move A bill (S. 3217) to promote the financial Under the provisions of rule I, paragraph 3, through this stuff much more rapidly. stability of the United States by improving of the Standing Rules of the Senate, I hereby We want to make sure Senators have accountability and transparency in the fi- appoint the Honorable MARK R. WARNER, a opportunities to offer amendments. As nancial system, to end ‘‘too big to fail,’’ to

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 00:14 May 08, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.000 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3386 CONGRESSIONAL RECORD — SENATE May 7, 2010 protect the American taxpayer by ending I believe, as with any piece of legisla- ket and such a huge liability for our bailouts, to protect consumers from abusive tion we pass here, sometimes we take a country. financial services practices, and for other crisis and use it to cause things to hap- That is why I so much like the purposes. pen that don’t necessarily have to do amendment JOHN MCCAIN from Arizona Pending: with the crisis itself. I certainly be- has put forth. I know he has worked Reid (for Dodd/Lincoln) amendment No. lieve that is the case with some of the with JUDD GREGG and others. But what 3739, in the nature of a substitute. expanse as it relates to consumer pro- is outstanding about his amendment Sanders/Dodd modified amendment No. tection. But the fact is, I think the or- is—there are two things. No. 1, the fact 3738 (to amendment No. 3739), to require the is, we actually have to be honest with nonpartisan Government Accountability Of- derly liquidation title is something fice to conduct an independent audit of the that is a useful tool. Hopefully, we will the American people about the cost, Board of Governors of the Federal Reserve get the derivatives title right, and we the liabilities we are picking up as it System that does not interfere with mone- will no longer have a situation where relates to the GSEs. Each year, for tary policy, to let the American people know people are hugely money bad and don’t budgetary reasons, we will have to al- the names of the recipients of over $2 trillion settle up on a daily basis and end up locate moneys for the actual liabilities in taxpayer assistance from the Federal Re- with the kind of situation we are all so that exist. I think that is a good thing. serve System. familiar with as it relates to AIG. I think that is a very important step. Mr. REID. I suggest the absence of a There are still three areas we have There will be some transparency into quorum. not dealt with that are very important. what those organizations are actually The ACTING PRESIDENT pro tem- One of them is underwriting. I hope the costing our country. I think all of us pore. The clerk will call the roll. Presiding Officer and others will be realize Fannie and Freddie are a huge The assistant legislative clerk pro- able to work together and come up problem and we need to deal with it. ceeded to call the roll. with an appropriate underwriting title. The second piece of the McCain Mr. REID. I ask unanimous consent At the base and the core of this whole amendment I like so much is it puts in that the order for the quorum call be crisis, the fact is, what generated this place a date certain, a certain time by rescinded. worldwide crisis was the fact that a which we, as a body, have to have dealt The ACTING PRESIDENT pro tem- bunch of bad loans were written that with them. One of the things I worry pore. Without objection, it is so or- should have never been written. This about—again, it is pretty hard to be- dered. bill does nothing whatsoever—zero—to lieve we have not thoughtfully figured UNANIMOUS-CONSENT REQUEST—H.R. 4899 deal with loan underwriting. To me, out a way to deal with the GSEs at the Mr. REID. Mr. President, I ask unan- that is a huge oversight. I am hoping time of passage right now. What I imous consent that the Senate proceed that the Senator from Connecticut, the worry about is this bill passes and we to the consideration of H.R. 4899, Senator from Virginia, and the Senator move on to other topics and still have FEMA supplemental, the Federal from Alabama—many of us will figure these huge issues that our country Emergency Management Agency, out a way to deal with it in an appro- needs to deal with that we know are which legislation is at the desk; that priate way. out of control, that have done incred- the only amendment in order to the I have an amendment. It is an ap- ibly terrible jobs in underwriting and bill be a Reid amendment regarding proach. I am hoping, over the course of basically have missions that counter settlement of lawsuits against the Fed- the next week and a half, we will figure each other. The fact is, it has a social eral Government and emergency dis- out a way to deal with the core issue of mission, it has a business mission. We aster assistance; that the amendment this last crisis, which is, no doubt, we have tried to put those together, and it be considered and agreed to; the bill, as wrote a bunch of loans—our country has not worked. We all know we have amended, be read a third time, passed, did—mortgages were extended to peo- to deal with that in a different way. and the motion to reconsider be laid on ple who could not pay them back. What the McCain amendment would the table; and that any statements re- Second, credit ratings. The fact is, do is ensure that we deal with it. lated to this matter be printed in the the credit rating agencies were at the Sometimes, again, we move beyond a RECORD. core of this. I know the bill attempts crisis, we start thinking about other The ACTING PRESIDENT pro tem- to deal with credit rating agencies by things, and then we have these fes- pore. Is there objection? virtue of a pleading standard, making tering problems that have not been Mr. COBURN. I object. it so they are more liable for some of dealt with. The ACTING PRESIDENT pro tem- the recommendations they put forth. It So let me say this. I am being pretty pore. Objection is heard. is my sense what is going to happen, by honest right here on the floor. I realize The Senator from Tennessee. addressing it that way, is the smaller none of us yet have come up with a sil- Mr. CORKER. Mr. President, I rise to firms that are just entering the mar- ver bullet answer on what to do exactly speak on the bill before us. I know ket—that would like to be constructive with the GSEs. How do we move them JOHN MCCAIN from Arizona has filed an as it relates to credit ratings—basi- into the private market without to- amendment on Fannie and Freddie, or cally are going to be pushed out of the tally disrupting what is happening GSEs, as we call them. I wish to speak market, and the larger firms will be right now, with them being such a huge on that amendment. more consolidated or have a bigger part of what is happening? I know I have worked with our Pre- piece of the business because they will The McCain amendment would just siding Officer on big pieces of this bill. be able to withstand some of the litiga- make sure, by a date certain, we deal I very much appreciate the spirit with tion that will take place, hopefully, if with it, and we can do so incremen- which we have worked on this bill. they make bad recommendations. tally. I know some people on the other All of us know there are pieces of But I think there are probably some side of the aisle might take the McCain this legislation that are very appro- other ways of looking at this. I know amendment as a major criticism. I do priate. Certainly, the orderly liquida- there are people in this body on both not. I just look at it as a way for us to tion title that the Presiding Officer, sides of the aisle who constructively move ahead. myself, Senator DODD, Senator SHELBY, are trying to figure out a way to deal So I hope my friends on the other and so many others have been involved with that. side of the aisle will actually look at in is an important piece of this legisla- But the one glaring, glaring, glaring the substance. I think it is thoughtful. tion. All of us realize secondarily that piece is Fannie and Freddie. I think I truly do. I think it is something that the derivatives title, once it gets cor- one of the reasons we, as a body, have allows us to start accounting for it. rected and is in the right form, is a not dealt with Fannie and Freddie is But then, within a certain period of very important piece of trying to deal they are huge, they are a big part of time, within the next couple of years, with what we as a country have dealt the market, the housing industry is we will have had to deal with Fannie with over these last couple of years. very dependent upon them, and there and Freddie or some draconian things Certainly, some elements of consumer has not been a consolidation around will occur, no doubt. protection are very important. I hope what most works to move them away I hope the Senator from Virginia, the we are able to get that back in balance. from being such a big piece of the mar- Senators from Connecticut, Missouri,

VerDate Mar 15 2010 02:13 May 08, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.001 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3387 and New Mexico, who are in this body than 3 months, on average—over- So now, a week later, we still have 53 today—I hope we can move beyond any whelming support, sitting on the cal- of those 74 names for which we have no partisan thinking. I will say, I think endar for 3 months, on average. idea who is holding them or why. Some this body has done very well over the Just for some comparison, at the of them have been confirmed of the 74 last week and a half. It is a complex similar point in the Bush administra- since then—a few. I think the Senator piece of legislation. I think the Sen- tion, there were eight nominees on the from Oklahoma identified a hold on, I ator from Connecticut has tried to deal calendar. Right now, we have 107 nomi- believe, six or seven. So now we still with this in a very good way on the nees on the calendar. As I look at the have 53 names for which no one knows floor. list, I am confused because, as to most who is holding them by people who are As a matter of fact, we had a vote of the people on the list, we do not avoiding the rule. last night that I think a lot of us were know why they are sitting there. We do I had somebody come up to me the concerned about, and instead of some- not even know who is making them sit other day and say: Well, there is no en- body raising an objection and trying to there. Enter stage left the anonymous forcement. I said: Who would have get us to a 60-vote threshold, we had a hold—or as I like to call it: Nobody can thought you would have to make it a 51-vote threshold. I thought that was blame me because they don’t know who misdemeanor for a Senator to identify the best of this body last night, and I I am. their hold? They voted for the bill. The wish to thank those in charge of es- There is a law we passed that has a vote was 96 to 2, so they voted for it. corting this bill through the process rule in it—very plain language, very They just do not want to live by it. for keeping it that way. There could easy to understand—that once a Sen- Today, I come back to the floor with have been a motion to table. Somebody ator makes a unanimous consent re- my colleagues—and there will be a number of us here—to once again try could have asked for a 60-vote thresh- quest to confirm a nominee, then you to trigger the rule. The unanimous old. have to come out in the sunlight. After I know the Senator from Missouri is 6 session days, after those requests are consent requests will be made. Today, going to speak next. She has been con- made in terms of a unanimous consent we have 69 names—the 53 from last cerned about the process this year, and for their confirmation, then the rule week that are still out in the dark I join her in many of those concerns. says you must notify your party leader somewhere—we do not know who is But so far this process has been about of your hold that you have on the nom- holding them or why—and additional names that have been added to the cal- the best I have seen in some time. ination, and it has to be published in endar since then. So as I move back to the McCain the CONGRESSIONAL RECORD. Mr. President, 64 of the 69 nominees amendment, I know it is being offered So last week I came to the floor and we will make a motion on today—64 of by a Republican. I do not offer criti- made 74 unanimous consent requests the 69 nominees—had no opposition in cisms toward either side of the aisle for on nominations. Who were those 74? committee—none. As we will hear over what has happened with the GSEs. This is the amazing part. This is very the next hour or so, these are impor- Let’s face it, in fairness, both sides of amazing. Not one of the nominations I tant jobs: National Traffic Safety the aisle have had a hand in these made a unanimous consent request on Board, the inspector general for the last week had any opposition in com- things being where they are. Adminis- EPA. Can you imagine right now not trations on both sides of the aisle have mittee—none—not a voice vote ‘‘no.’’ having an inspector general of the EPA used these GSEs toward ends. There is No one spoke out and said: I have a with what is going on in the gulf? no question. I am not trying to weigh problem. They flew out of committee— The other good news—let me just which side is most responsible. But the all 74 of them. But no one knows why briefly talk about this. I am going to McCain amendment allows us to move they are sitting there or who has put a yield to my colleague from New Mex- ahead in a thoughtful way with these hold on them. ico. We have a letter going around, and organizations. I made the request, and in the inter- the letter is very simple. Everyone who So I will stop. I do urge my friends to vening week we have had a lot of activ- signs the letter is taking a pledge—a please read the legislation. Maybe ity in that regard. The first thing that public pledge—that they will never there is a second degree that is in order happened is, my friend from Oklahoma again participate in a secret hold; and, to make it even better. But I do believe followed the rule. He notified his party further, they support abolishing secret it is a way for us to responsibly move leader of the holds he had, and it was holds. If you want to hold somebody, ahead and deal with Fannie and published in the CONGRESSIONAL you have to put your name on it. Freddie. They cannot continue to exist RECORD. He has a great habit of reading I am very proud of the fact we now as they are. Everybody in this body what we are doing around here. When have 59 signatures on that letter, both knows that. The American people know he read the rule, it was obvious to him Republicans—a Republican so far, 2 that. Let’s deal with it. Let’s pass the the rule said, once the request had been Independents, and all the Democratic McCain amendment. Let’s pass the made, you say who your holds are. He Senators, except 1. I am optimistic we McCain amendment with a tweak or has never been afraid, my friend from will get the last remaining Democratic two, if that is necessary. But let’s show Oklahoma. He has never been afraid to Senator, Mr. BYRD, since he cospon- the American people we know it is a take accountability. I have seen him sored a resolution in 2003, along with problem and we have the ability to with great courage enrage this entire Senator WYDEN and Senator GRASSLEY, work across party lines to be able to do room because he had some principles who have done yeoman’s work on this so. he was standing on. He is a great role issue for years. Senator Lott and Sen- I yield the floor, and I thank all of model in that regard—his principled ator BYRD, along with Senator GRASS- you for listening. stands; and he owns them. That is all LEY and Senator WYDEN, sponsored a The ACTING PRESIDENT pro tem- we are talking about. We are talking resolution back in 2003 to try to end se- pore. The Senator from Missouri. about owning them. cret holds, and here we are 7 years UNANIMOUS-CONSENT REQUESTS—EXECUTIVE Nobody in America gets why this later with 53 nominees in the dark CALENDAR stuff has to be secret. I know he has an after the rule has been triggered. Mrs. MCCASKILL. Mr. President, I amendment he wants to offer on secret So I am optimistic. I certainly am rise this morning in the cause of com- spending, and I would like, on the hopeful we will have a lot more Repub- mon sense in how the Senate works. record, to say I would like to join him licans sign on the letter. I think we We have had so many delays on nomi- in that amendment. The secret spend- may. The iceberg is moving. We may nations this year. Just as a quick re- ing that goes on through the hotline actually bust up this thing. I am wildly view of where we stand, we have had process, he is absolutely right—pub- optimistic—which is an unusual thing over 51 rollcall votes on President lishing this stuff for 72 hours. He is ab- around here—about reform. It is hard Obama’s nominations to serve in gov- solutely right. to change the traditions of the Senate, ernment under his Presidency. Of those But this practice is absolutely wrong. especially when they are bad habits. 51 votes, over 80 percent of them were Unlike his other colleagues, he stepped Once again, my colleague from Okla- confirmed by overwhelming margins. out of the dark and into the sunshine. homa and I share the same view on ear- Yet they sat on the calendar for more But no one else did. marks and have tried from a principled

VerDate Mar 15 2010 00:14 May 08, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.003 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3388 CONGRESSIONAL RECORD — SENATE May 7, 2010 position to not participate in those. I this process, as Senator MCCASKILL has an inquiry of the Chair as to the inter- think that is also a bad habit. Clearly, brought out, of secret holds. pretation of the rule we passed, be- we have a lot more people agreeing Since the Obama administration—I cause it is my understanding that the with us on secret holds than we do on saw a figure at the end of the first rule doesn’t require you to publish, but earmarks. year—they only had 55 percent of their it does say the majority and minority I look forward to making these mo- team in place; 55 percent of their team. leader are no longer obligated to honor tions today. I look forward to the Sen- What we are talking about is holding your request for a hold if you have not. ators reading the rule, understanding up the ability of the President to have I ask for the Chair’s opinion on that. the plain language, acknowledging his team in place and do his job. I The ACTING PRESIDENT pro tem- they voted for it, and putting their think that is unacceptable. I think one pore. The law being section 512, Notice name on these secret holds. Hold a of the areas that is the worst when it of Objecting to Proceeding. nominee. The Senator from Oklahoma comes to this is the hold process, the In General. The Majority and Minority is holding some nominees. He has the secret holds. Leaders of the Senate or their designees right to do that. But the people we What is a secret hold? Everybody shall recognize a motion of intent of a Sen- ator who is a member of their caucus to ob- work for have the right to know why asks about these secret holds. This means a Senator is able to put a hold ject to proceeding to a measure or matter and who he is. That is all we are asking only if the Senator— on a nomination and not come out in for today. We are not asking anybody let me read both of these; I will try to to give up their holds; we are only ask- public. We all know that the very best thing is to shine light on the process. I paraphrase: ing people to identify who they are, to Following the objection to a unani- come into the sunshine for the trans- think one of our Supreme Court Jus- tices said it the best: Sunshine is the mous consent to proceeding to, and/or parency we all want to have as we passage of a measure or matter on serve the great people of this Nation. best disinfectant. With the secret holds, there is no sunshine. As many of their behalf, submits the notice of in- With that, for the unanimous consent tent in writing to the appropriate lead- requests, I will yield to my colleague us have pointed out on the floor, we want to bring sunshine to this process. er or their designee; and paragraph 2, from New Mexico, Senator UDALL. not later than 6 session days after the The ACTING PRESIDENT pro tem- I wish to congratulate Senator COBURN for being the only Senator to submission under paragraph (1), sub- pore. The Senator from New Mexico. mits for inclusion in the CONGRES- Mr. UDALL of New Mexico. Mr. step forward in this week-long process SIONAL RECORD and in the applicable President, I know our Presiding Officer of trying to bring people out into the public. I understand Senator calendar section described in sub- today is also going to come forward, section (b) the following notice—and and we hope to see him down on the MCCASKILL’s reading of this statute and my reading of this statute is if you files a notice of intent. floor. I thank Senator MCCASKILL very Mr. COBURN. OK. I will take that much for her organizational efforts, have not come forward at this point on this large number of nominees for reading of the law as an assumption hers and Senator WARNER’s, and for that agrees with the position I put out working on this issue. This is a very se- which unanimous consent has been asked, and there has been an objection, there. rious issue for the Senate in terms of I would say—if the Chair would give you are in violation of the law. You are how we move forward on the rules. I me some time in consideration of my in violation of the law. Only Senator kind of liken it—and I have some his- reserving the right to object—I served COBURN has stepped forward to say I tory here, and I know everybody has in the majority for 2 years prior to the am holding up—I believe he is holding their history when it comes to admin- Senators who are here on the floor up the Broadcasting Board of Gov- istrations. today, and I understand the frustra- ernors. He is holding up six people on We have this administration elected tion. I have been there. I was on the a little over a year and a half ago, try- the Broadcasting Board of Governors. Today I am going to try to move— other side. It is difficult. In terms of ing to put their people in place. They and we are doing this, I say to Senator numbers, we have more of President are trying to put people in place to COBURN, in a bipartisan way. We are Obama’s nominees cleared than Presi- run, for example—I am going to be not picking just Democrats. We are dent Bush’s nominees at the same talking about the Tennessee Valley talking about the EEOC and the Ten- point in time. Authority and talking about the EEOC, nessee Valley Authority, and we are I wish to raise the question. I am the Equal Employment Opportunity moving forward with both Democrats going to comply. First, I don’t have Commission. They are trying to put and Republicans. That is why I am any problem explaining why I hold their people in place to run these agen- doing an en bloc request at this point somebody. The BBG nominees: The cies and to get the government to so we can get both Democrats and Re- BBG is in such a mess, I want to make work. Sometimes in the past—and my publicans in place. sure I visit with every nominee before father passed recently, but he used to Mr. President, I ask unanimous con- I give them a clearance to get on that visit with me about the way they used sent that the Senate proceed to execu- board, because we are wasting three- to do it in the old days. In the old days tive session for the purpose of consider- quarters of a billion dollars there and you got to put your people into place ation of Calendar Nos.—and this is im- not doing anything positive for our within the first couple of weeks of an portant, the EEOC—616, Jacqueline A. country as we spend that money. administration. I remember my father Berrien, to be a member of the Equal There are a lot of reasons why we telling me he took over as Secretary of Employment Opportunity Commission; hold people. One of the dangers of com- the Interior in January. Within 2 617, Chai Rachel Feldblum; 619, Vic- ing forward, from my experience as a weeks, he had all of his Presidential toria Lipnic, to be a member of the Senator myself, of putting a hold on appointees in place. He had his team in EEOC for the remainder of the term ex- and then putting it out there, is this: If place. He could start carrying out the piring July 1, 2010; and 620, Victoria I want to do further work or study or responsibilities that had been given Lipnic to be a member of the Equal have a question, the assumption with a him by the President. My under- Employment Opportunity Commission; hold is that you don’t want them to standing is for most of the Cabinet that the nominations be confirmed en move, and that may not be the case at members in President Kennedy’s Cabi- bloc, the motions to reconsider be con- all. The reason for a hold oftentimes is net, the same thing was true. Within a sidered made and laid upon the table en I want to look at the history, I want to couple of weeks you had your team in bloc, no further motions be in order, look at the background, and I want to place and you could go out and try to the President be immediately notified take the time to meet the individual do the things your President had cam- of the Senate’s action, and that any myself. That fulfills the true obliga- paigned on. statements relating to the nominees be tion of advise and consent. We are seeing a striking difference printed in the RECORD. I would also say we were frustrated between those days back in the 1960s The ACTING PRESIDENT pro tem- when we were in the majority the same and what happens today. We are seeing pore. Is there objection? way, and we played the same kind of incredible obstruction in terms of try- Mr. COBURN. Mr. President, reserv- parlance, except with our own nomi- ing to move forward. It is done through ing the right to object, I wish to make nees. When somebody on our side had a

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But with this letter did not say ‘‘while we are in dent deserves advice and consent—but I all due respect, it is 107 to 8 on the Ex- charge.’’ It says ‘‘forever.’’ We now also know there are 150 nominees right ecutive Calendar. have 58 members of this caucus—56 and now sitting in committee who haven’t That is how many were on the cal- 2 Independents who caucus with us— been cleared in committee and we are a endar in the Bush administration at and 1 Republican so far who say it is year and a half, a year and 4 months the same time—eight. There are 107 on forever; as long as we are Senators, we into this administration. It is not just the Executive Calendar in this admin- are not going to do secret holds. that. istration. Honestly, we can do this for- Frankly, my friend from Oklahoma I intend to object to every one of ever. We can say when we were in the doesn’t have to worry next year about these, not because I personally have an majority, we didn’t do this and you did secret holds from this side of the aisle. objection, and I want my colleagues to it; and when we were in the minority, I am proud we have done that. There know that, but one of the consider- we didn’t do this and you did. may be a nomination a future Presi- ations of courtesy on the Senate floor We have a chance to stop it. We had dent makes that is a Republican, and if is if somebody else does, you will honor 96 votes to stop it. Are we now going to the people of Missouri are good and that. stand on some kind of notion that the kind enough to hire me again, I may The final point I will make is that law doesn’t say what the law says? I not like it. But I guarantee I will have the majority and minority leader usu- know part of the amendment of the the guts to say so. ally work these things out. I think we Senator from Oklahoma is that he Mr. President, I wanted to clarify the passed 28 in the last few weeks, prob- wants Senators to sign in writing that plain reading of the law and, obviously, ably because of some of the good effort they have read what they are passing what its intent was. I don’t think any- of my colleagues on the other side of and that they understand the impact. I body with a straight face can argue the aisle to apply the pressure and will be honest; I am going to cosponsor what the intent was. It was to stop this heat. But I plan to object to every one that, if he will let me, because I agree stuff. We can either ignore the intent of these because there are those on our with the premise of it, although it is a and stand on a slicing and dicing and side who have a problem with the indi- little paternalistic to make Senators parsing of the language and reassure vidual. But I don’t disagree that you sign something saying they understand the American people that we com- ought to have the courage to stand up the impact. pletely don’t get it or we can have peo- and say who you are holding and why Does anybody believe Senators don’t ple come out of the shadows on these you are holding them. I don’t disagree understand the impact of this lan- holds. with that. But that isn’t our case right guage? Are we going to stand on some I appreciate the Senator from New now and that isn’t the case of the law, kind of formality that we don’t have a Mexico for allowing me to respond. as I understand it; it just removes the way to enforce it. I guess the position Mr. UDALL of New Mexico. Mr. obligation. the Senator is taking on behalf of the President, now we have seen dem- So on that basis I will object to this Republican caucus is that the law onstrated, I think dramatically, what first package and plan on objecting to doesn’t say what the law says. the process is here. We tried to move every other one in forbearance and as a I have had a briefing this week on the on a bipartisan basis for the EEOC to courtesy to those on my side of the standing rule versus the rule versus the put Democrats and Republicans in that aisle who have a problem with these law. That is what drives America crazy important government agency, an nominees. about this place. The secret hold is agency that focuses on discrimination. The ACTING PRESIDENT pro tem- wrong. The Senator from Oklahoma If the people are not in place, it cannot pore. Objection is heard. knows it, and I guarantee you most of move forward with that very important The Senator from Missouri. his colleagues do. You would be amazed goal. Our friend on the other side of the Mrs. MCCASKILL. Mr. President, I how many Republicans have come up aisle, Senator COBURN, has objected to am confused. This law was passed in to me this week and said, ‘‘I don’t do putting Democrats and Republicans in the most bipartisan way possible: 96 to it, Claire.’’ that agency so it can move forward. 2. Are we going to pretend this law I ask the Senator from Oklahoma to I am going to try to move forward, doesn’t say what it says? join our letter since he doesn’t do it ei- also in a bipartisan way, on the Ten- Let me make sure I put in the ther. He has courage. He has guts. He is nessee Valley Authority. Many people accountable to the people who voted may not know, but in the Tennessee RECORD what it says: for him. But to stand on behalf of the Valley, the power is provided by an The majority and minority leaders of the Senate or their designees shall recognize a Republican caucus on some notion that agency called the Tennessee Valley Au- notice of intent of a Senator who is a mem- this doesn’t say what it says—that is thority. Everybody knows how impor- ber of their caucus to object to a proceeding all we are sent here to do, honestly. Be- tant power is to the economy. When we or a measure only if the Senator— lieve me, I know the stuff that goes on look around the world, we see commu- (1) following the objection to a unanimous here—the equal opportunities—and the nities being stifled because they have consent proceeding submits the notice of in- Democrats are doing some of this in blackouts and brownouts and they tent in writing to the appropriate leader or the majority. But we cleared all the se- don’t have the available power. The their designee; and cret holds this week. We had a few—the Tennessee Valley Authority has a num- (2) not later than 6 session days after the submission under paragraph (1), submits for Democrats had a few—and we cleared ber of members who need to be ap- inclusion in the Congressional Record and in them all. I had a couple Democrats pointed to the board of directors. We the applicable calendar section described in come up to me complaining: ‘‘I can’t are moving today—both Democrats and subsection (b) the following notice: believe you made me give up my hold.’’ Republicans—to try to bring home the I, Senator llll intend to object to pro- They were not happy about it. We had point that we need to get this board of ceedings to llll dated llll for the fol- some reluctant signatures on the let- governors in place. lowing reasons llll . ter. Mr. President, I ask unanimous con- It says the majority and minority Do you know what is nice about the sent that the Senate proceed to execu- leader can recognize a hold only if the letter? I think this is important for the tive session for the purpose of consider- Senator first submits the notice of in- Senator from Oklahoma to understand. ation of Calendar Nos. 740, Maryland A. tent in writing after the unanimous It doesn’t say we are giving up secret Brown; 741, William B. Sansom; 742, consent request is made, and submits it holds for this administration. A lot of Neil G. McBride; and 743, Barbara to the CONGRESSIONAL RECORD. my friends on the other side of the Short Haskew, all to be members of the We are going to try to slice and dice aisle have a spring in their step now board of directors of the Tennessee the plain language of this about some- and think my party is on the ropes and Valley Authority; that the nomina- thing as obvious and commonsensical there is a chance that, come next year tions be confirmed en bloc, the motions

VerDate Mar 15 2010 02:13 May 08, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.005 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3390 CONGRESSIONAL RECORD — SENATE May 7, 2010 to reconsider be considered made and Mr. COBURN. I object. pectation is that they think he would laid upon the table en bloc; no further The ACTING PRESIDENT pro tem- not be able to do the job. motions be in order, the President be pore. Objection is heard. Once again, the President nominated immediately notified of the Senate’s Mr. UDALL of New Mexico. Mr. somebody important to work with Sec- action, and that any statements relat- President, I will proceed with another retary Chu at the Department of En- ing to the nominees be printed in the important position in the Department ergy. RECORD as if read. of the Treasury. We all know the De- Mr. President, I ask unanimous con- The ACTING PRESIDENT pro tem- partment of the Treasury supervises sent that the Senate proceed to execu- pore. Is there objection? everything that is out there in terms of tive session for the purpose of consider- Mr. COBURN. I object. our economy—a very important posi- ation of Calendar No. 726, Patricia A. The ACTING PRESIDENT pro tem- tion. Hoffman, to be an Assistant Secretary pore. Objection is heard. I ask unanimous consent that the of Energy; that the nomination be con- Mr. UDALL of New Mexico. Mr. Senate proceed to executive session for firmed; that the motions to reconsider President, moving forward with some the purpose of consideration of Cal- be considered made and laid upon the individual nominees for President endar No. 652, Michael Mundaca, to be table; that no further motions be in Obama to put in place people at the De- an Assistant Secretary of the Treas- order; that the President be imme- partment of Commerce, at the Health ury; that the nomination be confirmed; diately notified of the Senate’s action, and Human Services Department, at that the motions to reconsider be con- and that any statements relating to the Treasury Department, at the State sidered made and laid upon the table; the nominee be printed in the RECORD Department, and at the Energy Depart- that no further motions be in order; as if read. ment—all very important government that the President be immediately no- The ACTING PRESIDENT pro tem- agencies. All President Obama wants is tified of the Senate’s action, and that pore. Is there objection? to have his team in place so they can any statements relating to the nomi- Mr. COBURN. I object. start doing their work. But what we nee be printed in the RECORD as if read. The ACTING PRESIDENT pro tem- are seeing on the other side over and The ACTING PRESIDENT pro tem- pore. Objection is heard. again is secret holds and delay. pore. Is there objection? Mr. UDALL of New Mexico. Once It is important to remind everybody Mr. COBURN. I object. again, they are being held up through that at this particular point in time 107 The ACTING PRESIDENT pro tem- secret holds, and Senator COBURN has nominees of the executive branch are pore. Objection is heard. said he is doing this on behalf of Mem- being held up. At this point in time in Mr. UDALL of New Mexico. Mr. bers on his side—not allowing all of the past for President Bush, only 8 President, here is another important these people to get into the govern- nominees were being held. So 107 are nomination at the Department of ment and do the job. We are talking being held for President Obama, and State. about important government agencies, for President Bush, there were only 8. I ask unanimous consent that the such as the Department of Commerce, You can only think and draw the con- Senate proceed to executive session for Health and Human Services, Secretary clusion that this is about preventing the purpose of consideration of Cal- of the Treasury, Secretary of State, the President from getting his team in endar No. 722, Judith Ann Stewart Secretary of Energy—all objected to place, which is obviously a very impor- Stock, to be an Assistant Secretary of today. tant function. State; that the nomination be con- Many of these nominations have been Mr. President, I ask unanimous con- firmed; that the motions to reconsider pending for a while. There are very few sent that the Senate proceed to execu- be considered made and laid upon the objections in committee. This is some- tive session for the purpose of consider- table; that no further motions be in thing that is being put forward for the ation of Calendar No. 640, Eric order; that the President be imme- purpose of delay. Hirschhorn, to be Under Secretary of diately notified of the Senate’s action, Mr. COBURN. Will the Senator yield Commerce for the Export Administra- and that any statements relating to for a moment? tion; that the nomination be con- the nominee be printed in the RECORD Mr. UDALL of New Mexico. I am firmed; that the motions to reconsider as if read. going to yield to the Senator from Min- be considered made and laid upon the The ACTING PRESIDENT pro tem- nesota. table; that no further motions be in pore. Is there objection? Mr. COBURN. Will the Senator from order, the President be immediately Mr. COBURN. Reserving the right to Minnesota yield? notified of the Senate’s action, and object, Mr. President, I want to make Ms. KLOBUCHAR. For a minute, that any statements relating to the it known that I am carrying on a Sen- sure. nominee be printed in the RECORD, as if ate courtesy on my side of the aisle, The ACTING PRESIDENT pro tem- read. and these are not necessarily my objec- pore. The Senator from Oklahoma. The ACTING PRESIDENT pro tem- tions, but they are on behalf of my col- Mr. COBURN. Mr. President, I think pore. Is there objection? leagues. I object. the motives ascribed by the Senator Mr. COBURN. I object. Mr. UDALL of New Mexico. Mr. from New Mexico are improper. I do The ACTING PRESIDENT pro tem- President, I say to Senator COBURN not think it is so people can’t get into pore. Objection is heard. that we very much understand that he a job to cause President Obama prob- Mr. UDALL of New Mexico. Mr. is doing this for others. We want them lems. I reject that motive. President, now proceeding with an im- to step forward. We want to get rid of With any administration, there is a portant nomination for Health and these secret holds, as the Senator from very big difference of opinion. That is Human Services, I ask unanimous con- Oklahoma has stepped forward on the why we have elections. That is why sent that the Senate proceed to execu- broadcasting board. He has said he is things move like this in our country. It tive session for the purpose of consider- holding up six people to go on that is about whether somebody objects to ation of Calendar No. 647, Jim Esquea, board of governors. It is out there in somebody’s either philosophical bent to be an Assistant Secretary of Health public, and it is something that all of or qualifications for a certain job. and Human Services; that the nomina- us can examine and the media can ex- I make the point again that at the tion be confirmed; that the motions to amine. We can figure out whether his same time under a Republican Con- reconsider be made and laid upon the objections are legitimate. But that is gress, President Bush had fewer num- table; that no further motions be in the process. That is what is going on— bers approved than President Obama order; that the President be imme- secretly delaying the administration does at this time. diately notified of the Senate’s action, from getting its team in place. I hope we would not ascribe that mo- and that any statements relating to Let’s admit what is going on here. tive. I want President Obama to have, the nominee be printed in the RECORD The folks who are putting on these in fact, the people he needs to have in as if read. holds do not want to see the President place to effectively run our govern- The ACTING PRESIDENT pro tem- have his team in place. If he doesn’t ment. I will give the numbers again. To pore. Is there objection? have his team in place, I think the ex- this date, President Obama has 596 of

VerDate Mar 15 2010 00:14 May 08, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.007 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3391 his nominees confirmed. At the same The bigger issue is not just making endar No. 787, Earl Weener, both to be time, President Bush had 570. In the sure we can run this government and members of the National Transpor- two previous administrations, Presi- getting the government moving and tation Safety Board; that the nomina- dent Bill Clinton had 740 and President helping people again. The bigger issue tions be confirmed en bloc, the motions George H.W. Bush had 700. for me is that things should not be to reconsider be considered made and I think what my colleagues are fight- done in secret. If you are going to put laid upon the table en bloc, no further ing for is fine. I agree with them. I am a hold on someone, we should know motions be in order, the President be on the team as far as that is concerned. who and why you are doing it. I said immediately notified of the Senate’s But I think we ought to be careful with the other day that this reminds me of action, and that any statements relat- the motives we ascribe. I really do not an Olympic sport, a relay race, passing ing to the nominees be printed in the think it is to try to handcuff the ad- a baton from Senator to Senator so we RECORD. ministration. I think it is different. Of cannot figure out who is holding the The PRESIDING OFFICER. Is there course, the sign that is being put up is baton. They rotate who is putting on objection? about who is pending. I understand the holds, and they get around the rule. Mr. COBURN. I object. that. Let’s be careful on the ascribing If delay were an Olympic sport, my col- The PRESIDING OFFICER. Objec- of motives. As I talk with my col- leagues would be getting a gold medal tion is heard. leagues, I do not really find that mo- because there has been so much delay Ms. KLOBUCHAR. Again, this is a tive. Even though they may not be out with these nominees, and it has to perfect example. We look at what hap- front with it as I have been, that does stop. pened with the Buffalo flight going not mean they necessarily want the ad- I want to give a few examples of the down. We look at what happened with ministration to not be effective. kinds of nominees we are talking about the Toyota cars. We look at what is The PRESIDING OFFICER (Mr. and the kinds of nominees we would going on across this country as we are UDALL of New Mexico). The Senator like to see get confirmed. I want to focusing on terrorism and what hap- from Minnesota. give some examples of who these are, pened in Times Square just recently. Senators need to be reminded that and I will then go through and make a This is not the time to block nominees Senators may not yield the floor to one request to confirm them. to the National Transportation Safety another. They must yield only for a We are right now in the middle of an Board. Whatever the motives, whatever question and through the Chair. oilspill of cataclysmic proportions in the reasons, at this point I do not care. Ms. KLOBUCHAR. Mr. President, I the gulf. I am going there this after- I think the President should be able to thank you for the correction. have his team in place. I appreciate my colleague’s state- noon to see it. We are going to have a Next, I mentioned the Marine Mam- ment about his general support—I as- major hearing in our environmental mal Commission, as we are dealing sume he meant for getting rid of secret committee on Tuesday. Do you know with an oilspill across the gulf. holds, and he can correct me if I am who is being held up right now? Mi- Mr. President, I ask unanimous con- wrong—his general support for chang- chael Tillman, to be a member of the sent that the Senate proceed to execu- ing this process and getting things Marine Mammal Commission, is being tive session for the purpose of consider- done. held up; another guy, Daryl Boness, to I will say that when we are in this be a member of the Marine Mammal ation of Calendar No. 784, Michael F. time of economic challenge, no matter Commission. Normally, one might not Tillman, and Calendar No. 786, Daryl J. what the motives, I really do not care think this is the most important posi- Boness, both to be members of the Ma- what is in the heads of my colleagues tion in government. I say two things: rine Mammal Commission; that the when they put on the holds. I do not One, we are dealing with marine issues nominations be confirmed en bloc, the even want to go there. What I care right now, extreme marine issues of motions to reconsider be considered about is getting things done in the gov- what is going to happen to our wildlife made and laid upon the table en bloc, ernment when we have so many people in the oceans. The second thing we are no further motions be in order, the unemployed, when we clearly have to doing with this—why would anyone President be immediately notified of move ahead and do more about small hold up members of the Marine Mam- the Senate’s action, and that any business and exports. mal Commission? statements relating to the nominees be All I know is this: If we want to talk One guy I actually know—Mark printed in the RECORD. about the difference, at this point, 107 Rosekind, to be a member of the Na- The PRESIDING OFFICER. Is there Obama nominees are on hold and being tional Transportation Safety Board. He objection? obstructed. At the same time—whether does a good job. Like you, Mr. Presi- Mr. COBURN. I object. it was because not enough were nomi- dent, I am a member of the Commerce The PRESIDING OFFICER. Objec- nated, I do not really care—at this Committee. We know how important it tion is heard. same point, Bush nominees waiting for is. Ms. KLOBUCHAR. Very good. Again, a vote—there were eight. Earl Weener, to be a member of the marine mammals. We are dealing with My bigger answer to this is, who National Transportation Safety Board. animals that are almost certainly cares about who did it or who did what As we are dealing day-in and day-out going to die because of this oilspill, and when. What matters to me is that we with issues of threats to our transpor- there are people on the other side of move ahead and get going. tation, the potential of airplanes that the aisle who have decided to block It is no surprise to me that the Sen- have gone down in the sky in the mid- these nominations. ators who have taken the floor this dle of Buffalo, and we have potential Next, Warren Miller, nominated to be morning and are surrounding me are terrorist threats to our transportation the Director of the Office of Civilian Senators who want to see good govern- system, what are we doing? We are Radioactive Waste Management at the ment, Senators from open States with holding up the nominees. Department of Energy. I don’t know big blue skies, such as the State of New We have Toyota putting out cars the reasons this hold was put on, why Mexico, Senator UDALL, who is now the that basically kill people across the he is held up, but I do not believe any Presiding Officer; or my State, the country because the safety measures person in this country believes we State of Minnesota, which has always were not taken. They just paid the big- should have no person directing the Of- been a leader in open government in gest fine in the history of this country. fice of Civilian Radioactive Waste Man- moving things ahead; or Senator WAR- What are we doing? There are Members agement. NER, who knows what it is like to man- who are secretly holding up members I ask unanimous consent that the age a large State and knows you have of the National Transportation Safety Senate proceed to executive session for to have your team in place if you want Board. Why would we do that? the purpose of consideration of Cal- to get things done in the State of Vir- I will start with these. endar No. 404, the nomination of War- ginia; or Senator MCCASKILL, who has I ask unanimous consent that the ren Miller; that the nomination be con- been leading this effort from the Show- Senate proceed to executive session for firmed, the motion to reconsider be Me State, the State of Missouri—show the purpose of consideration of Cal- considered made and laid upon the me who is doing these holds. endar No. 592, Mark Rosekind, and Cal- table, no further motions be in order,

VerDate Mar 15 2010 00:14 May 08, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.009 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3392 CONGRESSIONAL RECORD — SENATE May 7, 2010 the President be immediately notified diately notified of the Senate’s action, to the nominee be printed in the of the Senate’s action, and that any and that any statement relating to the RECORD. statements relating to the nominee be nominee be printed in the RECORD. The PRESIDING OFFICER. Is there printed in the RECORD. The PRESIDING OFFICER. Is there objection? The PRESIDING OFFICER. Is there objection? Mr. COBURN. I object. objection? Mr. COBURN. I object. The PRESIDING OFFICER. Objec- Mr. COBURN. I object. The PRESIDING OFFICER. Objec- tion is heard. The PRESIDING OFFICER. Objec- tion is heard. Ms. KLOBUCHAR. As a member of tion is heard. Ms. KLOBUCHAR. Mr. President, the the Commerce Committee, again, I am Ms. KLOBUCHAR. Next we go to next of the 107 nominations being put very concerned that we still do not Winslow Lorenzo Sargeant, to be Chief on hold is P. David Lopez, Calendar No. have a Deputy Administrator for the Counsel for Advocacy in the Small 618, to be general counsel of the Equal Federal Aviation Administration in Business Administration. Mr. Presi- Employment Opportunity Commission. place. As we know, there have been dent, 64 percent of the jobs in this I ask unanimous consent that the many recent incidents. We are trying country are created by small busi- Senate proceed to executive session for to get the FAA reauthorization done to nesses. Wall Street has been making the purpose of consideration of Cal- finally modernize our airports with record profits, but small businesses in endar No. 618, P. David Lopez; that the NextGen so we can have the next gen- this country are still suffering. Wall nomination be confirmed, the motion eration of airport control, so we can Street got a cold; Main Street got to reconsider be considered made and better process our planes, so we can pneumonia. This is the time for a ro- laid upon the table, no further motions better land these planes, so we can bust Small Business Administration. be in order, the President be imme- have more safety, so we can have less I ask unanimous consent that the diately notified of the Senate’s action, congestion at our airports. This is very Senate proceed to executive session for and that any statements relating to difficult to do when you don’t have in the purpose of consideration of Cal- the nominee be printed in the RECORD. place all of your managers who are sup- endar No. 427, the nomination of Wins- The PRESIDING OFFICER. Is there posed to be managing the Federal Avia- low Lorenzo Sargeant; that the nomi- objection? tion Administration. We have had inci- nation be confirmed, the motion to re- Mr. COBURN. I object. dents in Minnesota of a plane that consider be considered made and laid The PRESIDING OFFICER. Objec- overran the airport and ended up in upon the table, no further motions be tion is heard. Wisconsin. We have had planes that in order, the President be immediately Ms. KLOBUCHAR. Mr. President, the have been sitting on the tarmac for 6 notified of the Senate’s action, and next one is Jill Long Thompson, to be hours with passengers without food and that any statements relating to the a member of the Farm Credit Adminis- water. nominee be printed in the RECORD. tration. Coming from an agricultural We have had all kinds of issues with The PRESIDING OFFICER. Is there State, I understand how important it is aviation, and yet—and yet—my col- objection? to have people in place for the Farm leagues on the other side of the aisle, Mr. COBURN. I object. Credit Administration, especially dur- while supportive at times of these ef- The PRESIDING OFFICER. Objec- ing this difficult time. Because of agen- forts to modernize our air traffic con- tion is heard. cies such as the Farm Credit Adminis- trol system, are blocking the nomina- Ms. KLOBUCHAR. Mr. President, the tration, at least our rural areas have tion of the deputy administrator for next one that is being held of these 107 not gone off the cliff and have main- the Federal Aviation Administration. nominations is Benjamin Tucker, to be tained some stability but are always Mr. President, I ask unanimous con- Deputy Director for State, Local, and challenged. sent that the Senate proceed to execu- Tribal Affairs in the Office of National I ask unanimous consent that the tive session for the purpose of consider- Drug Control Policy. As a former pros- Senate proceed to executive session for ation of Calendar No. 782, Michael ecutor—and I know you do, Mr. Presi- the purpose of consideration of Cal- Peter Huerta; that the nomination be dent, as a former attorney general—I endar No. 628, Jill Long Thompson; confirmed, the motions to reconsider understand the importance of having that the nomination be confirmed, the be considered made and laid upon the people in place to work on our national motion to reconsider be considered table, no further motions be in order, drug policy and to reduce the illegal made and laid upon the table, no fur- the President be immediately notified drugs in this country. ther motions be in order, the President of the Senate’s action, and that any Mr. President, I ask unanimous con- be immediately notified of the Senate’s statements relating to the nominee be sent that the Senate proceed to execu- action, and that any statements relat- printed in the RECORD. tive session for the purpose of consider- ing to the nominee be printed in the The PRESIDING OFFICER. Is there ation of Calendar No. 556, Benjamin RECORD. objection? Tucker; that the nomination be con- The PRESIDING OFFICER. Is there Mr. COBURN. I object. firmed, the motion to reconsider be objection? The PRESIDING OFFICER. Objec- considered made and laid upon the Mr. COBURN. I object. tion is heard. table, no further motions be in order, The PRESIDING OFFICER. Objec- Ms. KLOBUCHAR. Mr. President, an- the President be immediately notified tion is heard. other job here that is unfilled—one of of the Senate’s action, and that any Ms. KLOBUCHAR. Mr. President, the 107 relating to maritime issues, and statements relating to the nominee be next, James P. Lynch, to be Director of again we are dealing with an incredibly printed in the RECORD. the Bureau of Justice Statistics. sensitive and catastrophic issue with The PRESIDING OFFICER. Is there Again, as a former prosecutor, it is in- this oilspill in our oceans—the Admin- objection? credibly important that we have statis- istrator of the Maritime Administra- Mr. COBURN. I object. tics on crime, that we know what is tion is being held by my colleagues on The PRESIDING OFFICER. Objec- going on so we can develop the best the other side of the aisle. I don’t know tion is heard. policies and triage the cases so we can what the motives are. Maybe they do Ms. KLOBUCHAR. Next, John Laub, keep our neighborhoods safe. not like this person. We don’t know to be Director of the National Institute I ask unanimous consent that the who is holding this. All I know is that of Justice. Senate proceed to executive session for a President has to get his team in place I ask unanimous consent that the the purpose of consideration of Cal- when he is dealing with an issue as cat- Senate proceed to executive session for endar No. 705, James P. Lynch; that astrophic as this BP oilspill. the purpose of consideration of Cal- the nomination be confirmed, the mo- Mr. President, I ask unanimous con- endar No. 581, John Laub; that the tion to reconsider be considered made sent that the Senate proceed to execu- nomination be confirmed, the motion and laid upon the table, no further mo- tive session for the purpose of consider- to reconsider be considered made and tions be in order, the President be im- ation of Calendar No. 783, David laid upon the table, no further motions mediately notified of the Senate’s ac- Matsuda; that the nomination be con- be in order, the President be imme- tion, and that any statements relating firmed, the motions to reconsider be

VerDate Mar 15 2010 00:14 May 08, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.010 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3393 considered made and laid upon the shine to not only this issue but a lot of background, and that is a very legiti- table, that no further motions be in things that go on here that maybe mate reason to raise—but I do know order, the President be immediately make some of our colleagues a little there has been at least—and I can’t as- notified of the Senate’s action, and uncomfortable, but she is constantly cribe motives—a recent press report that any statements relating to the being that voice and pushing and prod- about an issue that brought some con- nominee be printed in the RECORD. ding and trying to make sure we im- troversy here to the floor where a The PRESIDING OFFICER. Is there prove the process. Member held one of the President’s objection? I also want to thank my colleague, nominees not because the Member felt Mr. COBURN. I object. the Senator from Oklahoma, who—as I there was anything wrong with the The PRESIDING OFFICER. Objec- think the Senator from Missouri said— nominee’s qualifications but as a lever- tion is heard. we may not always agree with, but age matter, to try to encourage the ad- Ms. KLOBUCHAR. Finally, Mr. Presi- there are very few Members in this ministration to change a law with Can- dent, we have Arthur Allen Elkins, who body who are more straightforward and ada on a totally unrelated matter. has been nominated to be the inspector honest about what they believe in and That, to me, seems like institutional- general of the Environmental Protec- are more consistent, which probably izing dysfunction and not—back to tion Agency. Again, we are dealing frustrates some of us. But he is abso- what I have at least been able to read with an environmental crisis down in lutely consistent in what he believes about the history of holds—as a cour- the gulf coast area. Yet we can’t even and he holds our feet to the fire. I com- tesy because folks can’t get here and get this inspector general in place. mend him for bringing forward his make their case in person. Even with I know many of my colleagues on the holds and being willing to step up and our slightly dysfunctional airline sys- other side of the aisle support having explain them. tem at this point, we can get here inspectors general in place so we can Like the Presiding Officer, I am a within a couple of days, absent storms. look at what is going on in govern- new guy here. But unlike so many of ment, so we can figure out what is hap- my colleagues, I have never been a leg- So again commending my colleague pening and get things right. Yet this islator. I was a business guy for a num- from Oklahoma for stepping up on this nomination is being held. ber of years and I had the honor of one, where there is a problem with Mr. President, I ask unanimous con- serving as Governor. Quite honestly, I someone the President is putting for- sent that the Senate proceed to execu- had a little TV in the Governor’s office ward—this President or any future tive session for the purpose of consider- and whenever the legislature was in, I President—we ought to acknowledge it, ation of Calendar No. 794, Arthur Allen simply turned it off. So I don’t fully we ought to say what is wrong, we Elkins; that the nomination be con- appreciate, perhaps, all of the tradi- should have a spirited discussion, and firmed, the motions to reconsider be tions of a legislative body. And I don’t, then we should either vote the person considered made and laid upon the by any means, know the history as well up or down. table, no further motions be in order, as my colleague from Missouri and my I am anxious to listen. If there is the President be immediately notified colleague from Oklahoma surrounding something wrong with some of these of the Senate’s action, and that any holds. But I did a little bit of research, folks, let’s vote them down and tell the statements relating to the nominee be and it seemed to me this ‘‘holds’’ no- President to put up somebody else. But printed in the RECORD. tion came up as a courtesy in the last 16 months into this administration—as The PRESIDING OFFICER. Is there century because Senators had to travel a former business CEO and a former objection? a long distance to get to the body. CEO of the Commonwealth of Virginia, Mr. COBURN. I object. They couldn’t be here because they I couldn’t imagine having my folks lan- The PRESIDING OFFICER. Objec- were traveling—on horseback—and it guish in limbo in this kind of skull and tion is heard. would take days or weeks. So some- crossbones kind of secret hold society Ms. KLOBUCHAR. Mr. President, I body might say, as a courtesy, that we stuff. It seems as if it was something see the Presiding Officer has a smile on are going to set this aside or put a hold that came out of the 18th or 19th cen- his face as he realizes I have reached on somebody until the Senator can get tury, where certain institutions of the end of the nominees I am reporting here and explain himself or herself—I higher learning transported this idea of on today. But I will tell you this: Hav- guess himself, at least at that time—in secret holds here to the floor of the ing managed an office of 400 people—a a fuller manner. Senate. It doesn’t seem to make sense. government office, a local county at- It seems to me that some of the tra- I am going to finish, because there torney’s office—I can’t even imagine ditions of this institution that were are other colleagues, and the Senator trying to run that place without hav- used on occasion—whether it is holds from Oklahoma is going to have to rise ing my top people in place and that or filibusters or what have you—to a number of times because there are a kind of security. keep this body functioning, are now lot of folks we have to go through, so I It is very difficult to cut government being so overused that we seem to be won’t go on with this issue. But I am spending, to make the kinds of deci- institutionalizing dysfunction. I think proud to be part of this effort with the sions you need to make when you don’t the Senator from Oklahoma has made Senator from Missouri, and I hope the have your top team there to get the the case that neither side has clean Senator from Oklahoma will continue work done. Worse than that, with these hands, and whatever is up today may to raise issues—particularly around secret holds, it is very hard to even un- be down tomorrow. derstand why these people are being One of the things I think the Senator public spending—where I hope to find held, who is holding them. That is why from Missouri in her effort has done is lots of places of common cause to join we are working so hard to get rid of to say: We are not saying we ought to him. I appreciate his willingness to this. change the rules for this moment in come forward. I sure as heck hope that As I said, this crop of Senators that time. We want to change the rules for- more Members, on both sides of the has come here in the last 2 years does ever. I can’t explain to anybody in the aisle, will join this effort. not like business as usual. We just Commonwealth of Virginia why in the We can be respectful of the Senate want to get the business done. 21st century we have something called and we can be respectful of its tradi- Mr. President, I yield the floor. a ‘‘secret hold,’’ where somebody can tions, but it sure as heck seems to me The PRESIDING OFFICER. The Sen- say: We don’t like this guy or gal and that in the 21st century, the notion of ator from Virginia. we don’t want them to be put forward, secret holds ought to be one of those Mr. WARNER. Mr. President, first, debated, and voted up or down for some traditions that gets left behind. So in let me thank my colleagues for being secret, unknown reason. that spirit, I have two sets of nomina- here this morning. I am pleased to join I know my colleague, the Senator tions, both en bloc, since they are both this effort. I want to particularly from Oklahoma, has said that most of Democrats and Republicans, to try to thank my colleague from Missouri, the Members may have a legitimate make the point that, in some small who has been a relentless voice on reason—because they do not agree with way, this is not about partisanship. It opening up and bringing a little sun- the individual’s philosophy or their is about process.

VerDate Mar 15 2010 00:14 May 08, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.011 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3394 CONGRESSIONAL RECORD — SENATE May 7, 2010 Mr. President, I ask unanimous con- smoking, we weren’t chasing down be considered made and laid upon the sent that the Senate proceed to execu- girls. We just walked around the block. table, no further motions be in order, tive session for the purpose of consider- I said: Well, you know, if you do it in the President be immediately notified ation of Calendar Nos. 589, Anthony the dark and you are not willing to tell of the Senate’s action, and that any Coscia; 590, Albert DiClemente; and 788, me about it, then you know what I am statements relating to the nominee be Jeffrey R. Moreland, all to be Directors going to assume? I am going to assume printed at the appropriate place in the of the Amtrak Board of Directors; that you are doing something sneaky and RECORD. the nominations be confirmed en bloc, underhanded, and you just need to The PRESIDING OFFICER. Is there the motions to reconsider be consid- bank on that; that if you think you objection? ered made and laid upon the table en have to hide something from me, you Mr. COBURN. I object. bloc, no further motions be in order, have to assume I am going to think Mrs. MCCASKILL. Mr. President, I the President be immediately notified you are doing something wrong. If you ask unanimous consent the Senate pro- of the Senate’s action, and that any are not willing to talk about it, you ceed to executive session for the pur- statements related to the nominees be are not willing to own it, you are not pose of consideration of Calendar No. 799, Carolyn Hessler Radelet, of the printed in the RECORD. willing to tell me about it, you are in The PRESIDING OFFICER. Is there trouble. End of discussion. District of Columbia, to be Deputy Di- objection? That is why we are ascribing mo- rector of the Peace Corps; that the Mr. COBURN. I object. tives. It is only logical to assume. nomination be confirmed, the motions The PRESIDING OFFICER. Objec- After voting for a bill that clearly says to reconsider be considered made and tion is heard. once the unanimous consent motion is laid upon the table, no further motions Mr. WARNER. Mr. President, I ask made you have to come out of the be in order, the President be imme- unanimous consent that the Senate darkness, you have to explain what you diately notified of the Senate’s action, proceed to executive session for the are doing, the fact that these people and that any statements relating to purpose of consideration of Calendar are not coming forward—I have to tell the nominee be printed in the RECORD. Nos. 500, Julia Reiskin, and 501, Gloria you, if they were my kids, I would as- The PRESIDING OFFICER. Is there Valencia-Weber, both to be members of sume this—they are doing something objection? the Legal Services Corporation; that Mr. COBURN. I object. they aren’t proud of. I would assume The PRESIDING OFFICER. Objec- the nominations be confirmed en bloc, that, if they were doing the sneaky, tion is heard. the motions to reconsider be consid- and that is what this is. This is sneaky, Mrs. MCCASKILL. Mr. President, I ered made and laid upon the table en because they are not stepping up—like ask unanimous consent the Senate pro- bloc, no further motions be in order, the Senator from Oklahoma has. Step ceed to executive session for the pur- the President be immediately notified up, own it, hold for as long as you like. pose of consideration of Calendar No. of the Senate’s action, and that any Some of us may agree with your rea- 800, Elizabeth L. Littlefield, of the Dis- statements relating to the nominees be sons and join you in your hold. trict of Columbia, to be president of printed in the RECORD. But there are literally names on this the Overseas Private Investment Cor- The PRESIDING OFFICER. Is there list where no one knows why they are poration; that the nomination be con- objection? being held. The White House does not firmed, the motions to reconsider be Mr. COBURN. I object. know, the nominee does not know, The PRESIDING OFFICER. Objec- considered made and laid upon the maybe Leader MCCONNELL doesn’t even table, no further motions be in order, tion is heard. know. It is nonsense. It is plain and Mr. WARNER. Once again, Mr. Presi- the President be immediately notified simple nonsense. of the Senate’s action, and that any dent, I appreciate the courtesy of the My friend from Oklahoma is abso- statements relating to the nominee be Senator from Oklahoma and the lead- lutely correct, we should not ascribe ership of the Senator from Missouri. printed in the RECORD. motives. But it is only human nature, The PRESIDING OFFICER. Is there We are going to continue to raise this if people are not looking at the plain objection? issue, and with the same kind of relent- language of the ethics bill they proudly Mr. COBURN. I object. lessness the Senator from Oklahoma voted for and doing what the plain lan- The PRESIDING OFFICER. Objec- raises on public spending. I hope he guage says you are supposed to do, peo- tion is heard. continues making some progress. I ple are going to start thinking some- Mrs. MCCASKILL. Mr. President, I look forward to joining him on some of thing underhanded is happening. The ask unanimous consent the Senate pro- his efforts, and I hope this list of now only way to fix that is to step up. ceed to executive session for the pur- 59 Senators will include many Members Mr. President, I ask unanimous con- pose of consideration of Calendar No. from both sides. It seems to me to sent the Senate proceed to executive 801, Lana Pollack, of Michigan, to be a make good common sense. session for the purpose of consideration Commissioner on the part of the With that, Mr. President, I yield the of Calendar No. 648, Michael W. Punke, United States on the International floor. of Montana, to be a Deputy United Joint Commission, United States and The PRESIDING OFFICER. The Sen- States Trade Representative, with the Canada; that the nomination be con- ator from Missouri is recognized. rank of Ambassador; that the nomina- firmed, the motions to reconsider be Mrs. MCCASKILL. Mr. President, I tion be confirmed, the motions to re- considered made and laid upon the listened to my colleague from Okla- consider be considered made and laid table, no further motions be in order, homa, and I understand it is difficult upon the table, no further motions be the President be immediately notified to listen to any of us put motives on in order, the President be immediately of the Senate’s action, and that any something when we don’t know what notified of the Senate’s action, and statements relating to the nominee be the reason is, and ascribing motives is that any statements relating to the printed in the RECORD. unfair when you don’t know. But some- nominee be printed in the appropriate The PRESIDING OFFICER. Is there times my experience as a mother pops place in the RECORD. objection? up in my brain, and I think of my kids The PRESIDING OFFICER. Is there Mr. COBURN. I object. when they were little—and especially objection? The PRESIDING OFFICER. Objec- as they became teenagers—and I re- Mr. COBURN. I object. tion is heard. member one time catching one of my Mrs. MCCASKILL. Mr. President, I Mrs. MCCASKILL. Mr. President, I kids. He had sneaked out of the house ask unanimous consent the Senate pro- ask unanimous consent the Senate pro- at night in the dark. I caught him and ceed to executive session for the pur- ceed to executive session for the pur- I said: You know, you are in big trou- pose of consideration of Calendar No. pose of consideration of Calendar No. ble, buster. He said: Well, mom, I 649, Islam A. Siddiqui, of Virginia, to 809, Bisa Williams, of New Jersey, a Ca- wasn’t doing anything wrong. We just be Chief Agricultural Negotiator, Of- reer Member of the Senior Foreign walked around the block. We weren’t fice of the United States Trade Rep- Service, Class of Counselor, to be Am- doing anything you would get mad resentative; that the nomination be bassador Extraordinary and Pleni- about. We weren’t drinking, we weren’t confirmed, the motions to reconsider potentiary of the United States of

VerDate Mar 15 2010 00:14 May 08, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.012 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3395 America to the Republic of Niger; that Mrs. MCCASKILL. Mr. President, I Mrs. MCCASKILL. Mr. President, I the nomination be confirmed, the mo- ask unanimous consent the Senate pro- ask unanimous consent the Senate pro- tions to reconsider be considered made ceed to executive session for the pur- ceed to executive session for the pur- and laid upon the table, no further mo- pose of consideration of Calendar No. pose of consideration of Calendar No. tions be in order, the President be im- 824, Dana Katherine Bilyeu, of Nevada, 830, Judith Anne Smith, of the District mediately notified of the Senate’s ac- to be a Member of the Federal Retire- of Columbia, to be an Associate Judge tion, and that any statements relating ment Thrift Investment Board; that of the Superior Court of the District of to the nominee be printed in the the nomination be confirmed, the mo- Columbia; that the nomination be con- RECORD. tions to reconsider be considered made firmed, the motions to reconsider be The PRESIDING OFFICER. Is there and laid upon the table, no further mo- considered made and laid upon the objection? tions be in order, the President be im- table, no further motions be in order, Mr. COBURN. I object. mediately notified of the Senate’s ac- the President be immediately notified The PRESIDING OFFICER. Objec- tion, and that any statements relating of the Senate’s action, and that any tion is heard. to the nominee be printed in the statements relating to the nominee be Mrs. MCCASKILL. Mr. President, I RECORD. printed in the RECORD. ask unanimous consent the Senate pro- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there ceed to executive session for the pur- objection? objection? pose of consideration of Calendar No. Mr. COBURN. I object. Mr. COBURN. I object. 810, Raul Yzaguirre, of Maryland, to be The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Objec- Ambassador Extraordinary and Pleni- tion is heard. tion is heard. potentiary of the United States of Mrs. MCCASKILL. Mr. President, I Mrs. MCCASKILL. I ask unanimous America to the Dominican Republic; ask unanimous consent the Senate pro- consent the Senate proceed to execu- that the nomination be confirmed, the ceed to executive session for the pur- tive session for the purpose of consider- motions to reconsider be considered pose of consideration of Calendar No. ation of Calendar No. 832, David B. made and laid upon the table, no fur- 826, Michael D. Kennedy, of Georgia, to Fein, to be United States Attorney for ther motions be in order, the President be a Member of the Federal Retirement the District of Connecticut; the nomi- be immediately notified of the Senate’s Thrift Investment Board; that the nation be confirmed—I believe, Mr. action, and that any statements relat- nomination be confirmed, the motions President, that the United States At- ing to the nominee be printed in the to reconsider be considered made and torney for the District of Connecticut RECORD. laid upon the table, no further motions would have jurisdiction over any Fed- The PRESIDING OFFICER. Is there be in order, the President be imme- eral crimes that may have been com- objection? diately notified of the Senate’s action, mitted by the individual who tried to Mr. COBURN. I object. blow up people in Times Square on Sat- The PRESIDING OFFICER. Objec- and that any statements relating to urday night. That man lived in Con- tion is heard. the nominee be printed in the RECORD. necticut. Any activities that he en- Mrs. MCCASKILL. Mr. President, I The PRESIDING OFFICER. Is there ask unanimous consent the Senate pro- objection? gaged in, in planning this dastardly ceed to executive session for the pur- Mr. COBURN. I object. plot in which, thank God, no one was pose of consideration of Calendar No. The PRESIDING OFFICER. Objec- killed, but we have no U.S. Attorney in 811, Theodore Sedgwick, of Virginia, to tion is heard. Connecticut. That would be the chief be Ambassador Extraordinary and Mrs. MCCASKILL. Mr. President, I law enforcement officer on any Federal Plenipotentiary of the United States of ask unanimous consent the Senate pro- crimes that have been committed by America to the Slovak Republic; that ceed to executive session for the pur- this American citizen who has con- the nomination be confirmed, the mo- pose of consideration of Calendar No. fessed to some of his crimes, but we tions to reconsider be considered made 827, Dennis P. Walsh, of Maryland, to may not be aware of other crimes that and laid upon the table, no further mo- be Chairman of the Special Panel on may have been committed. tions be in order, the President be im- Appeals; that the nomination be con- The nomination of David B. Fein be mediately notified of the Senate’s ac- firmed, the motions to reconsider be confirmed to be United States Attor- tion, and that any statements relating considered made and laid upon the ney for the District of Connecticut, the to the nominee be printed in the table, no further motions be in order, motions to reconsider be considered the President be immediately notified made and laid upon the table, that no RECORD. The PRESIDING OFFICER. Is there of the Senate’s action, and that any further motions be in order, and the objection? statements relating to the nominee be President be immediately notified of Mr. COBURN. I object. printed in the RECORD. the Senate’s action, and any state- The PRESIDING OFFICER. Objec- The PRESIDING OFFICER (Mr. WAR- ments relating to the nominee be tion is heard. NER). Is there objection? printed in the RECORD. Mrs. MCCASKILL. Mr. President, I Mr. COBURN. I object. The PRESIDING OFFICER. Is there ask unanimous consent the Senate pro- The PRESIDING OFFICER. Objec- objection? ceed to executive session for the pur- tion is heard. Mr. COBURN. Reserving the right to pose of consideration of Calendar No. Mrs. MCCASKILL. Mr. President, I object, I am not sure it is a vacancy in 812, Robert Stephen Ford, of Maryland, ask unanimous consent the Senate pro- the District of Connecticut at the U.S. a Career Member of the Senior Foreign ceed to executive session for the pur- Attorney’s office. I think this is a re- Service, Class of Minister-Counselor, to pose of consideration of Calendar No. placement nomination. And I object. be Ambassador Extraordinary and 829, Todd E. Edelman, of the District of The PRESIDING OFFICER. Objec- Plenipotentiary of the United States of Columbia, to be an Associate Judge of tion is heard. America to the Syrian Arab Republic; the Superior Court of the District of Mrs. MCCASKILL. Mr. President, I that the nomination be confirmed, the Columbia; that the nomination be con- ask unanimous consent the Senate pro- motions to reconsider be considered firmed, the motions to reconsider be ceed to executive session for the pur- made and laid upon the table, no fur- considered made and laid upon the pose of consideration of Calendar No. ther motions be in order, the President table, no further motions be in order, 833, Zane David Memeger, to be United be immediately notified of the Senate’s the President be immediately notified States Attorney for the Eastern Dis- action, and that any statements relat- of the Senate’s action, and that any trict of Pennsylvania; that the nomina- ing to the nominee be printed in the statements relating to the nominee be tion be confirmed, the motions to re- RECORD. printed in the RECORD. consider be considered made and laid The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there upon the table, no further motions be objection? objection? in order, the President be immediately Mr. COBURN. I object. Mr. COBURN. I object. notified of the Senate’s action, and The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Objec- that any statements relating to the tion is heard. tion is heard. nominee be printed in the RECORD.

VerDate Mar 15 2010 00:14 May 08, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.013 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3396 CONGRESSIONAL RECORD — SENATE May 7, 2010 The PRESIDING OFFICER. Is there holding those, they were not made last Mr. COBURN. I object. objection? week. So I urge everyone to check the The PRESIDING OFFICER. Objec- Mr. COBURN. I object. list and, if they have a hold on them, tion is heard. The PRESIDING OFFICER. Objec- to notify Leader MCCONNELL and let I might note this was a voice vote in tion is heard. Leader MCCONNELL know what their committee and Senator SESSIONS did Mrs. MCCASKILL. Mr. President, I objection is and comply with the law raise concerns in committee. So there ask unanimous consent the Senate pro- they voted on. was not a tally vote. No one requested ceed to executive session for the pur- Let me make these last ones. I want- a rollcall vote on the nominee. It was pose of consideration of Calendar No. ed the record to be clear, these are the noncontroversial enough that no one 834, Clifton Timothy Massanelli, to be first ones we made that anybody voiced wanted to go on record with a rollcall United States Marshal for the Eastern opposition to—anybody. vote, but we wanted to be very trans- District of Arkansas; that the nomina- Mr. President, I ask unanimous con- parent and did want to indicate for the tion be confirmed, the motions to re- sent the Senate proceed to executive record that Senator SESSIONS did raise consider be considered made and laid session for the purpose of consideration concerns in committee about this upon the table, no further motions be of Calendar No. 552, Jane Branstetter nominee. in order, the President be immediately Stranch, to be United States Circuit Mr. President, I ask unanimous con- notified of the Senate’s action, and Judge for the Sixth Circuit; the nomi- sent that the Senate proceed to execu- that any statements relating to the nation be confirmed, the motions to re- tive session and consider Calendar No. nominee be printed in the RECORD. consider be considered made and laid 747, Ari Ne’eman, to be a member of The PRESIDING OFFICER. Is there on the table, no further motions be in the National Council on Disability. I objection? order, the President be immediately ask unanimous consent that the nomi- Mr. COBURN. I object. notified of the Senate’s action, and any nation be confirmed, the motion to re- The PRESIDING OFFICER. Objec- consider be considered made and laid tion is heard. statements relating to the nominee be printed at the appropriate place in the upon the table, no further motions be Mrs. MCCASKILL. Mr. President, I in order, and the President be imme- ask unanimous consent the Senate pro- RECORD. The PRESIDING OFFICER. Is there diately notified of the Senate’s action, ceed to executive session for the pur- and that any statements be printed in pose of consideration of Calendar No. objection? Mr. COBURN. I object. the RECORD. 835, Paul Ward, to be United States The ACTING PRESIDENT pro tem- Marshal for the District of North Da- The PRESIDING OFFICER. Objec- tion is heard. pore. Is there objection? kota; that the nomination be con- Mr. COBURN. I object. firmed, the motions to reconsider be Mrs. MCCASKILL. I might note for The ACTING PRESIDENT pro tem- considered made and laid upon the the record that this nominee was voted pore. Objection is heard. table, no further motions be in order, out of committee by a vote of 15 to 4, Mrs. MCCASKILL. I should note that the President be immediately notified with three Republican Senators sup- this is a nominee who—once again, it of the Senate’s action, and that any porting her in committee and four Re- was a voice vote. Senator COBURN did statements relating to the nominee be publican Senators opposing her in the indicate some concerns with this nomi- printed in the RECORD. committee. The final vote was 15 to 4. nee at the committee level. The PRESIDING OFFICER. Is there I ask unanimous consent the Senate Mr. COBURN. I have an appointment objection? proceed to executive session for the with the gentleman to have a discus- Mr. COBURN. I object. purpose of consideration of Calendar sion. The PRESIDING OFFICER. Objec- No. 588, Philip Coyle, to be Associate Mrs. MCCASKILL. We have now gone tion is heard. Director of the Office of Science and through the entire list, with the excep- Mrs. MCCASKILL. Mr. President, Technology; that the nomination be tion of about 10 judicial nominees on there are some nominations on whom confirmed, the motions to reconsidered whom Senator WHITEHOUSE will be the request has not been made. My col- be considered made and laid upon the making the requests. I was hopeful league from Rhode Island has a number table, that no further motions be in that this week we would know who is of judicial appointments. He will re- order, the President be immediately holding those folks. We still do not turn to the floor to make those unani- notified of the Senate’s action, and know. mous consent requests later—I assume that any statements relating to the If I might make a suggestion, I am soon. There will be 64 total requests nominee be printed at the appropriate not confident it will be accepted, but if that will be made today that we cannot place in the RECORD. the leadership of the Republican cau- find opposition for—64 we cannot find Mr. COBURN. I object. cus wants to hold these nominees, Sen- opposition. The PRESIDING OFFICER. Objec- ator MCCONNELL can put his name on I am going to now make five requests tion is heard. all of them. Then the people of Amer- to which there was opposition. The Mrs. MCCASKILL. On that nominee, ica will know Senator MCCONNELL is ones I just made, by the way, the last the vote out of committee was 19 to 6— holding them and they will see him as group I just made, are new. They have 19 to 6. Five Republican colleagues sup- the leader of the Republicans and they been added to the calendar since I ported this nominee and five Repub- can judge accordingly. But if Senator made the requests last week. This is lican Senators opposed this nominee. MCCONNELL does not have objections to going to continue. I am going to do my So it was a 5-to-5 split of the Repub- them and is not willing to put his name very best job at impersonating the te- licans on the committee to that nomi- on them, then the people who have the nacity of my colleague from Okla- nee. objections should put their names on homa. I am going to do my very best I ask unanimous consent the Senate the holds. We are going to break this job of being a dog with a bone on secret proceed to executive session for pur- bad habit. holds. I am not going to give up. I am pose of consideration of Calendar No. I do want to make a note that there going to be out here every week, as 703, Benita Y. Pearson, to be United were four judges I made requests on often as I need to be out here. I am States District Judge for the Northern who inadvertently got on the list. They going to get as many colleagues to help District of Ohio; that the nomination have been confirmed. We will provide me. We now have everybody on this be confirmed, the motion to reconsider for the record those four names so they side on board with the exception of be considered made and laid on the can be appropriately noted. So instead Senator BYRD, and I am optimistic we table, no further motions be in order, of doing 69 today, we are only doing 65. will get Senator BYRD. I am hopeful the President be immediately notified I thank the Senate for its indulgence. the next time I will have some of my of the Senate’s action, and that any I thank Senator COBURN for remaining colleagues on the other side of the statements relating to the nominee be on the Senate floor. As I said, Senator aisle, who agree secret holds are wrong, printed at the appropriate place in the WHITEHOUSE will be back to make a few to help make these requests. RECORD. more motions. Let’s break a bad habit The ones I just made were new. As The PRESIDING OFFICER. Is there that the people of this country do not notice to the Senators who may be objection? agree with.

VerDate Mar 15 2010 00:14 May 08, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.014 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3397 The ACTING PRESIDENT pro tem- say: Now we need to have a talk. You means because I think there is some pore. The Senator from Oklahoma. were wrong. discussion. I do not doubt that the in- Mr. COBURN. Mr. President, I ask Of course, I would remind her that tent of what was passed was exactly unanimous consent to speak for ap- she was not elected and I was and there what we intended: to put it out there. proximately 15 minutes as in morning is some interpretation to the Constitu- But I think the interpretation or how business for myself. tion. it may be read is subject to some de- The ACTING PRESIDENT pro tem- But the quality of having the courage bate, and it would be great to have a pore. Without objection, it is so or- to confront on things that are strongly Parliamentarian rule on that. dered. held beliefs is a great quality that built Finally, I would say, the other side of TRIBUTE TO JANE TREAT our country, and she distinguishes her- this issue, which comes back to things Mr. COBURN. Mr. President, I pay self in it. That is in contrast to what that are dear to my heart, is the fact tribute to one of my staff members usually happens in this town where we that 94 percent of everything that today. She recently left. She had a avoid difficult issues rather than con- passes in this body passes by that very child and is being a mom and a civic front them. process, unanimous consent. activist. But she was a trusted adviser True to her principles, she will turn Unanimous consent says: We will not and, more than that, a dedicated pa- her attention toward her new commu- have debate. We will not have an triot. nity in Broken Arrow, OK, where she amendment. Things will pass because Jane Treat, who has been with me will be a full-time mom. It will not be nobody objects to it passing. since the earliest parts of 2004, is leav- long, for sure, before she is volun- There is a real disadvantage for our ing to become a full-time mother. It is teering again for a cause close to her country in that. The disadvantage is hard to lose her. But I understand the heart. that the American people never know attraction as well as the commitment Jane, we appreciate you. We thank what we are doing. They do not get a for a much more important job. She you for your service, and we thank you hearing. They do not get to hear the first came to work for me as a volun- for the modeling of your behavior. policy debates on both sides of the teer, fresh off her studies at Patrick SECRET HOLDS issue. It is good that we work some Henry College. Now, I just want to spend a few min- things out, but if you watch the floor, Since that time she has played a key utes because what we have just gone what we know is 40 percent of the floor role on my Judiciary Committee through is a challenge to a process that time is spent in a quorum call. The real issue we are fighting is the through many intense legislative bat- has been ongoing for a long period of moving, is the reason the majority tles. She spent many long days in the time. The President knows I am in leader does not move them, because it Dirksen Building poring through brief- agreement with sunshine. As a matter takes time to move them. Right? That ing materials, preparing background of fact, the President and I created the is our problem. Time is our biggest notes for me, and negotiating on my Transparency and Accountability Act enemy in the Senate. But yet that is behalf with other offices. so that everything we do gets published exactly what our Founders intended. She was there during the Roberts and in terms of what we spend and how we They wanted it to be very difficult to Alito hearings. For a time she also spend it. change what they had put in place, and served as my interim chief counsel on I agree we ought to be forthright they set in motion this system that the committee, since I had no attor- with the reasons we hold individuals. says: We are going to make things neys and she was a nonattorney as But let’s talk about what a hold is. A thoughtfully, under full consideration, well, which was a rare occasion. Her hold is saying you do not agree to a with open debate. dedication has never wavered. The fact unanimous-consent request to pass out We hear our colleagues all the time is, she worked the day she delivered an individual. In other words, what is a say this is the greatest deliberative her first child. She prepared negotia- hold? What does it really say? body in the world. It is, but not all of tions that day for a bill that threat- It really says, first of all, I either the deliberation goes on on the Senate ened the second amendment of the Con- may have some very significant con- floor. I have no doubt there are abuses stitution and how it interacted with cerns with this individual or I may on both sides. I do not know what the our veterans. We prevailed that day in want to study this individual for a pe- motives are. no small part because of her efforts. riod of time and their record before I When I hold somebody, I hold them One would be hard pressed to find any- agree to it or I may want to debate it, because I think they are either not one who cherishes the Constitution and the qualifications of the individual. qualified for the job, I think they have who knows its principles as well as I agree on the transparency. But I a past record that would question their Jane Treat. think it is very important that we go character, or I think, in fact, they will My legislative director jokes: back to say—and not necessarily at- do a terrible job at the position even if Although Jane did not actually write the tune the motive. But when I read the they are qualified. And I have the Constitution, she is its fiercest defender. sign about those who are being held right, as an individual Senator, to say I would have to agree. now versus in the Bush administration, I am not going to support that nomina- For the past 2 years, and after the I am reminded that there were over 100 tion. So I am all for moving and giving birth of her daughter, Jane has man- U.S. attorneys and marshals and 50 Presidents what they want, but I am aged a correspondence team that works judges at the same time who were not for doing it without the debate and in my office, ensuring that every letter blocked in committee so they could the consideration that needs to be that reached my desk was treated with not even get to the floor at that time. there. the utmost concern and profes- So it depends on where one takes the So I am very supportive of people sionalism. She cared for each con- snapshot. There are lots of reasons to standing up and saying why they are stituent as if it were written to a close not agree to people being confirmed. I holding up people. Through the cour- relative or a neighbor. In that, she has have no problem with stating my rea- tesy of the Senator from Missouri, she done a terrific job. sons, and I will publish my reasons. I did not list one of the judges that I am There is one last quality of Jane that do not have any problem even pub- sure she was going to ask unanimous I commend to everyone in the room, lishing them. But I am not sure that consent on because I was the lone Sen- and that is courage. Jane has a keen we want to necessarily impugn the mo- ator in the Judiciary Committee to sense of right and wrong and will not tives of somebody who takes advantage vote against him. Now, I do not know allow an injustice to stand, whether it of that. who is holding him. But the fact is, I is policy related or simply human. She I agree with the Senator from Mis- do not think he is qualified. I want him fights for everybody. souri. I have no problems with putting to be debated. I want to have a chance When she disagrees—I am laughing it out in the open. But I did ask the to inform the American people why I about this because when she disagreed question, and at some point in time I think he should not be a circuit court with me, I was always sure I would think it would be wise for those who judge. And that is my right. hear about it later. She would come to think that, that we get a parliamen- To say we are just going to move him the office and knock on the door, and tary ruling on what the rule really without a debate, without anything but

VerDate Mar 15 2010 02:22 May 08, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.015 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3398 CONGRESSIONAL RECORD — SENATE May 7, 2010 a vote, I am not going to do that on up burning a lot of energy defending she was told by her mortgage servicer people I think are not truly qualified. yourself on something you are totally that her file was closed because she had So it is not as straightforward as we innocent of in the first place. You want ‘‘declined a final modification of her think. I think we ought to think about a different result for a different reason, mortgage.’’ Here is the only problem: how the process is working, that the but that never gets covered. She hadn’t. And her mortgage servicer leaders do work on this process. They This morning has been great. It is in- had no record of a conversation or cor- move a lot of them forward. I under- teresting that we have had this debate. respondence with her. They had simply stand the frustration, and I would be My hope is we will have people who marked the file as closed. giving the same speech if it was turned will stand up and speak and put up why Tecora is lucky enough to be working around. As a matter of fact, I have be- they believe what they believe, fight with a wonderful nonprofit in Min- fore. for the principles they believe in. I neapolis, Twin Cities Habitat for Hu- So I concur with my colleagues. I think I can defend my principles to the manity. They are helping her to fight think sunlight is a wonderful thing. I hilt. In front of 100 commonsense folks this mistake. But they have been work- think there are times where we have in this country, I can get 85 of them to ing on this since March, and the gov- the problem, and I will give you three decide with me. I am not afraid to do ernment resources that are available specific examples. that. I am willing to be honest and are not very helpful. In the meantime, I publish all of my holds. Under the transparent and straightforward. But Tecora is constantly worried that she Emmett Till bill, I was immediately the impugning of motives worries me, may lose her home because her mort- accused of being a racist. I held the bill because it has nothing to do with not gage servicer made a mistake. because I wanted it paid for, but as wanting President Obama to have his Or take Barbara, a homeowner from soon as I put out that I was holding the people. It has to do, in many instances, Minneapolis who fell behind on her bill, I was accused of being a racist. So with people who are truly unqualified mortgage payments because her hus- there are reasons for people to work be- or truly are divergent on what their band was laid off and her son got can- hind the scenes to be able to work on past has been versus what they say. cer, racking up huge medical bills. things, to solve the problem with their Those are legitimate reasons to have Talk about someone who might lose concerns, without it becoming public, debate on individuals who are going to their home through no fault of her so that you get the ultimate action but serve a function in this government. own. Her mortgage servicer claimed do not impugn the integrity of people I yield the floor. she was not eligible for final mortgage because they may not agree. The ACTING PRESIDENT pro tem- modification, using incorrect informa- So the potential of letting go of all of pore. The Senator from Minnesota. tion about her financial situation. this idea that we cannot negotiate be- Mr. FRANKEN. Mr. President, I rise When she pointed out there was a prob- fore we come, and that we have to ex- to speak about an issue of great impor- lem, her servicer told her there was pose everything—what happened was tance, the foreclosure crisis, and the nothing they could do because ‘‘once the special interest groups attacked me fears and frustrations of American you have been denied for HAMP, you ferociously. I ended up becoming best families who are at risk of losing their can’t be eligible again.’’ friends with a very significant indi- homes. Wherever I go in Minnesota, Barbara is fighting this, but someone vidual who drove that. What has hap- people tell me horror stories about los- from the government should have her pened today is we still have not done it ing their homes to foreclosure. I am back. because we did not put the money in to sure the same is true of the Presiding Yesterday I filed an amendment with pay for it, which is what I wanted. Officer when he goes home to Virginia. Senator SNOWE and seven other col- There is still no special provision. The foreclosure crisis strikes at the leagues to fix the HAMP appeals proc- There is still no action. We passed it 2 heart of the American dream, threat- ess. People at risk of losing their years ago. ening Americans’ life savings, family homes are going through enough al- Next thing was the Veterans Care- lives, and what they have achieved. ready. They should not be stuck fight- giver Act. The President took a big step in ad- ing over mistakes with their servicers I hated veterans because I thought dressing this crisis when he created the without a guarantee that someone will we ought to pay for it, and I thought it HAMP program which encourages be on their side. Our amendment would ought to apply to every veteran who mortgage servicers to modify home create an office of the homeowner ad- had that kind of injury who served this loans to help people avoid foreclosure. vocate, modeled after the very success- country. But yet there was a ferocious But it is often difficult to implement ful Office of the Taxpayer Advocate attack by the interest groups. I am complex programs and HAMP is no ex- within the IRS. The advocate’s office willing to take that heat. That comes ception. When HAMP works, it can be would be an independent unit within with the job. But it is certainly not great. It can literally save people’s Treasury, charged with helping home- fair to put yourself in that position. I homes. But too often homeowners who owners, their housing lawyers, and understand why other Senators will try to use the HAMP program find their housing counselors to resolve not stand up and say every time why themselves involved in a bureaucratic problems with HAMP. The office would they are holding a bill when we see process that is riddled with errors. be temporary, lasting only as long as that kind of attack coming at us. These are errors that have serious con- HAMP does. But while it exists, it Same thing on breast cancer. My sis- sequences for people’s lives. would have a lot of authority to help ter-in-law, a cousin, all with breast Take a woman named Tecora who is homeowners and families around the cancer, two-time cancer survivor my- a homeowner from south Minneapolis. country. For the first time, home- self, but I hated breast cancer patients. Incidentally, she is someone who actu- owners would be able to call an office You can see why the idea of objecting ally would have been helped by a Con- in the government and know that to a unanimous consent and then im- sumer Financial Protection Bureau. someone with the authority to fix a mediately putting it out there will end Several years ago, she bought a house problem is actually fighting for them. up with the attack of the special inter- with an option ARM or adjustable rate Staff of this new advocate’s office est groups in this country, because you mortgage, where the mortgage pay- would be able to make sure that are trying to make something better ments increased dramatically over the servicers obey the rules of HAMP or but your motives are impugned because years. Someone should have told her risk suffering consequences. Perhaps you don’t agree with the special inter- that the teaser rate her lender offered more importantly, opening a case with est that is running the bill in the first her might be misleading. Someone the advocate’s office would delay a place or, in the case of a nomination, should have told her she might not be servicer’s ability to sell a person’s the special interest of the administra- able to afford her mortgage payments house, giving the office time to resolve tion. They think this is the individual. in the future. But no one did. the problem before it is too late. The I don’t defend. I put it out. I am will- A few years ago, Tecora’s payments director of the advocate’s office would ing to take that. But I understand that went up, and she fell behind on her be someone who can truly fight for the is not always the best way to get some- mortgage. She entered HAMP hoping rights of homeowners. He or she must thing accomplished, because you end to save her home. But 7 months later, have a background as an advocate for

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Working people such as Tecora and office can collect data about the kinds When these structured finance prod- Barbara are still reeling from the ef- of complaints and appeals that come ucts, including securitized subprime fects of this recession. Our unemploy- in, the director will be in a good place mortgages, tanked, CalPERS pension ment rate still hangs near 10 percent. to know what kinds of changes, both fund lost almost $1 billion. That is a Working Americans together have lost administrative and legislative, need to loss of $1 billion for California teach- nearly $4 trillion in the value of their be made to the program and can de- ers, police officers, firefighters, and homes and about $3 trillion in the loss scribe them to the Treasury Depart- public servants from their health bene- of their retirement savings during this ment and to Congress. fits and retirement plans. economic crisis. Once a year the director will issue a CalPERS is not the only group to The Wall Street reform bill before us formal report laying out in detail all take action. Private suits have been goes a long way to prevent this from the problems people have had with filed in New York and the attorneys ever happening again. But there are a HAMP and how they can be resolved general of Connecticut and Ohio have few places where it can be improved. I and the way such problems could be brought suit against the rating agen- hope my amendment creating the Of- prevented or better resolved in the fu- cies on behalf of the people of their fice of the Homeowner Advocate will ture. States. Ohio Attorney General Richard help struggling Americans keep their I know many of my colleagues on Cordray filed suit last fall on behalf of homes. My amendment calling for an both sides of the aisle are understand- five Ohio public employee retirement overhaul of the credit rating agency in- ably worried about the deficit. I want and pension funds. Cordray said: dustry will protect millions of Ameri- to be clear about one thing: This The rating agencies assured our employee cans from unprecedented losses in their amendment includes no new appropria- public pension funds that many of these supposedly safe retirement invest- tions. The advocate’s office will be mortgage-backed securities had the highest ments. I ask my colleagues for their funded with existing money that is set ratings and the lowest risk. But they sold support on both of these critical aside for HAMP administrative costs. their professional objectivity and integrity amendments. I am pleased to say that our amend- to the highest bidder. The rating agencies’ Mr. President, I yield the floor. ment is supported by the Treasury De- total disregard for the life’s work of ordinary Ohioans caused the collapse of our housing Mr. SPECTER. Mr. President, I sug- partment itself. In fact, yesterday it and credit markets and is at the heart of gest the absence of a quorum. was featured on the White House’s blog what is wrong with Wall Street today. The The ACTING PRESIDENT pro tem- as one of ‘‘The Good Guys,’’ 10 simple, inflated ratings cost middle class families in pore. The clerk will call the roll. straightforward amendments that Ohio nearly half a billion dollars in retire- The assistant legislative clerk pro- would strengthen the already good ment funds. ceeded to call the roll. Wall Street reform bill. It is a good But this problem is not limited to Mr. SPECTER. Mr. President, I ask guy, this thing. California and Ohio and New York. It unanimous consent that the order for My amendment is also supported by a has affected my home State of Min- the quorum call be rescinded. large number of groups, including nesota. It has affected the Presiding The ACTING PRESIDENT pro tem- Americans for Financial Reform, the Officer’s home State of Virginia. It has pore. Without objection, it is so or- Center for Responsible Lending, Na- affected every State in this Nation. dered. tional Consumer Law Center, the Lead- By now, I hope colleagues have heard Mr. SPECTER. Mr. President, I have ership Conference on Civil and Human the details of my amendment to reform sought recognition to talk about three Rights, Consumers Union, Consumer the credit rating system. It would limit amendments pending on the legislation Federation of America, the Service the pay-to-play model currently used to reform Wall Street. I begin by not- Employees International Union, and in the credit rating industry. The ing the spirit of bipartisanship which is National Council of La Raza. I am par- amendment calls for an independent present on this issue, and I think it is ticularly pleased to say that the board to develop an assignment system a very important sign. There is too lit- amendment is also supported by sev- to match the issuers of complex finan- tle bipartisanship in this body, and eral of the most important housing cial products with a qualified rating from my travels through my State and groups in my home State of Minnesota. agency to provide the product’s initial elsewhere, I believe the American peo- The idea behind the advocate’s office rating. This system would apply only ple are fed up—really sick and tired— is simple, but the impact could be huge to initial ratings. Issuers could seek a with the kind of bickering which is for all the people whom we are here to second or third rating from whichever present in the Senate. It took a lot of represent. Please join me in helping to credit rater they prefer. But the initial public pressure and an obvious, great, ensure that HAMP actually works for rating would put a check on any subse- and serious problem to bring about this families around the country. We owe it quent rater which would be disinclined bipartisanship. But it is very impor- to Tecora and Barbara and to all the to provide an inflated pie-in-the-sky tant that it be present in our efforts to working families in our States and rating to a junk product. reform Wall Street, and I hope it will around the country. By providing for an assignment proc- be a sign of things to come. I also rise to talk briefly about an- ess, the conflicts of interest driving the Some time ago, I introduced a bill other amendment I am proposing to re- system will be eliminated, and the as- which would change the decision of the form the credit rating industry. This signment process will allow smaller Supreme Court of the United States industry is fraught with bad practices rating agencies that are performing which held that aiders and abettors and perverse incentives. These incen- well to get more business and rating were not liable under the Securities tives have produced inflated ratings agencies performing poorly to get less. Act. I have taken that bill and have which resulted in dangerous junk bonds This will hold rating agencies account- submitted it as an amendment with getting AAA ratings and thus being eli- able for their work. It will incentivize quite a number of cosponsors. It is gible for public pension funds. In fact, accuracy and increase competition. amendment No. 3776, to allow suits the court ruled last week that a suit on I know many of you agree with me, against aiders and abettors of Wall this issue brought by CalPERS, the and the list of cosponsors on this Street fraud, cosponsored by Senators California public employee pension sys- amendment is growing. Most recently, REED, KAUFMAN, DURBIN, HARKIN, tem, can now move forward. CalPERS I was particularly pleased to have Sen- LEAHY, LEVIN, MENENDEZ, WHITEHOUSE, represents nearly 1.5 million California ator WICKER join our effort. Of course, FRANKEN, FEINGOLD, and MERKLEY. public employees, including thousands I am deeply grateful for the leadership Prior to the decision of the Supreme of teachers and public safety officers. of Senators SCHUMER and NELSON and Court of the United States in Central CalPERS has brought suit against the the support of Senators WHITEHOUSE, Bank, back in 1994, supplemented by

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But in the case of the Times aiders and abettors remain liable under and an individual who was involved in Square bomber, as in the case of the the criminal law but are not liable putting the package together, knowing Christmas bomber, there was sufficient under civil law, and this amendment the details, immediately hedged and evidence to move ahead with the con- would reinstate the civil liability for sold short. That means he bet against victions. But even if that were not so, aiders and abettors. It is narrowly those securities. He thought they the value of getting intelligence infor- drawn to apply only to individuals who would go down. mation vastly outweighs the interests knowingly provide substantial assist- It is my view that the people who put of convicting the individual in that ance to the primary violator. But that transaction together have a fidu- specific case. Even in that case, there where you have a stock offering and ciary duty to tell the investors—even is the potential alternative of being you have many parties who are work- institutional investors—as to exactly tried by a military commission where ing with the principal offerer, the what is going on; that they should the Miranda rules do not apply. So it is offerer can only carry out the fraud know somebody is simultaneously say- my strong recommendation to the De- with the assistance of quite a number ing their professional judgment is that partment of Justice, as I had discussed of people. the value is going to go down. it with Attorney General Holder, as I This amendment will reinstate what DON’T GIVE MIRANDA WARNINGS TO SUSPECTED have communicated it to the FBI Di- had been the law prior to the Supreme TERRORISTS rector Bob Mueller, that the policy be Court decisions I just mentioned. I Mr. President, recently Attorney changed so that it is not optional with think it is worth noting that Senator General Holder testified before the Ju- an interrogator to make a decision on SHELBY had introduced similar legisla- diciary Committee in our periodic a case-by-case basis because the inter- tion back in 2002. oversight proceedings and testified rogator may make a mistake and de- The second amendment I wish to dis- that it was the policy of the Depart- cide that this is a case where the Mi- cuss briefly is amendment No. 3794, ment of Justice to handle the interro- randa warnings ought to be given, and submitted by Senators LEAHY, GRASS- gation of suspects in terrorism cases on that may stop the individual from pro- LEY, KAUFMAN, and myself, which a case-by-case basis. It is my view, viding information. would direct the Sentencing Commis- which I expressed at the time I ques- Some of the Senators at our Judici- sion to review and amend the sen- tioned Attorney General Holder, that ary Committee hearing were of the tencing guidelines for securities and fi- that ought not to be the policy of the opinion that the chances of getting in- nancial institutions which engage in Department of Justice; that the policy formation were enhanced by giving the fraud, and the guidelines should reflect of the Department of Justice ought to Miranda warnings, and I think that is the intent of Congress that penalties be not to give Miranda warnings to not only counterintuitive—not what for those offenses should be increased. people who are suspected of terrorism. you would expect—but contrary to ex- Earlier this week, on Tuesday, the The Miranda warnings coming out of criminal law subcommittee held a perience; that the likelihood of a per- the decision handed down by the Su- son saying he won’t talk if he is ad- hearing attended by quite a number of preme Court of the United States in very experienced people in the securi- vised that he has a constitutional right 1966—and I recall it well. I was in my not to, and then advised that he has a ties field and in criminology. The pre- first year as district attorney in Phila- dominant view was, where you have a right to counsel, and then advised he delphia at the time, and it was quite a fine imposed, it is not a deterrent at will have counsel provided if he doesn’t jolt to the criminal justice system that all. It is insufficient as punishment for have counsel of his own, and once coun- my office prepared the details to have the perpetrator, but it is insufficient sel are in the case, their obligation is a card for the police officers by the end for the gravity of the offense. A fine is to protect the interests of their client. of the week, because they interrogate a simply incorporated as part of the cost That decision more likely than not will great many suspects. But the Miranda of doing business, passed on to con- be to remain silent so the individual is warnings require the interrogator to sumers. not harmed with a potential criminal The provision for a jail sentence advise an individual that he has the prosecution. I think the policy of the would be an effective deterrent. I base right to remain silent; secondly, that Department of Justice ought to be to my own view on this subject from my anything he says can and will be used have an absolute rule: No Miranda experience as district attorney of against him; third, that he has the warnings in cases of persons suspected Philadelphia, where I convicted many right to an attorney, and that if he of terrorism. white-collar criminals and corrupt po- wants to stop answering questions at There is some suggestion of legisla- litical figures, such as the chairman of any time in the sequence, he can. tion on this point. I think that raises the Philadelphia Housing Authority, When a suspect in a terrorism case is constitutional issues of separation of the deputy commissioner of licenses being questioned, there are issues power, and what ought to be done is and inspection, the stadium coordi- which are much more important than the policy ought to be established now nator—to name only a few. the conviction of that individual. The by the Department as an absolute rule If the perpetrators of fraud know important thing is to gain information, not to give Miranda warnings to those they are going to be going to jail, it find out who may be involved, and suspected of terrorism. will have quite a different impact on gather intelligence to prevent future I thank the Chair and yield the floor. their own conduct. One of the wit- acts of terrorists. I saw this in some The PRESIDING OFFICER (Mr. nesses testified to a celebrated case detail during my tenure as chairman of FRANKEN). The Senator from Rhode Is- where an individual was fined $50 mil- the Intelligence Committee back in the land. lion and was willing to pay that but 104th Congress. The recent apprehen- Mr. REED. Mr. President, I take the said, simultaneously with the payment sion of the Times Square bomber, who floor today to talk about an amend- of the fine, if he had been charged had the bomb positioned to blow up in ment which I have been working on criminally, he would have fought it Times Square and injure many people with Senator SCOTT BROWN of Massa- tooth and nail because of the concern is illustrative, and the information he chusetts. I am very fortunate to have about going to jail. gave without Miranda warnings. He Senator BROWN’s help, insight, and ad- The third amendment I wish to dis- was Mirandized, as I understand it vice because of his extensive experi- cuss is amendment No. 3806, which pro- from the media reports at some point, ence not only as a public servant but as vides that there should be a fiduciary but the information he has given has a member of the Massachusetts Na- duty for broker-dealers to avoid con- been very valuable in linking possible tional Guard. As a lawyer, as a com- flicts of interest in investments and coconspirators to the Taliban in Paki- pany commander, and as someone who make such violations a Federal crime. stan. has served in various capacities within In the SEC complaint against Gold- It is not widely understood, but the the Guard, SCOTT BROWN knows from man Sachs, the gravamen was—and I only consequence of not giving Mi- firsthand experience that young troops

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But they liaison for military issues. these dealers are aware of their vulner- are doing it, and they are doing it to Many of these young men and women ability: lack of information, the short young soldiers who have their heads, are not in their home towns. In the time they are back from an overseas some of them, looking forward to a de- context of today’s operations, they are deployment, the time before they are ployment. Some of them have not even returning from duty in Iraq or Afghani- moving on to a deployment. So they gotten over the last deployment, and stan. They have not been spending a are vulnerable. They are also vulner- we have to be conscious of that. lot of money in Afghanistan because able in another sense, not just with re- Rent-to-own loans. This is where you there is not a lot to buy, and they come spect to products but there are so go to a shop and you say I would like home and they want to buy a new car many families now where one of the to rent a TV for 30 days because you or they want to do something, and they spouses is in the military and the other am deploying in 45 days. Then you can be exploited. That exploitation is spouse is in the military, and that don’t deploy so you keep it, and in particularly hard to bear when it is at other spouse is deployed overseas. So some cases you end up paying two to the expense of a young person who is you have a member of the U.S. mili- three times the retail price of the ap- risking their life in service to his coun- tary with children, with a father or pliance. At least individual soldiers try. mother overseas, and they are strug- have to be informed of those practices Senator BROWN and I are working on gling. Even with the pay they receive and know about it. We have to be sure a joint amendment which would create at the end of the month, it is a tough they are getting that information. an office of military liaison within the go. They are looking for good deals. Refund anticipation loan is a classic. Consumer Financial Protection Bu- There are too many people out there You are going to get your tax refund reau. The office would educate and em- who are looking for people who are vul- and if you let us give you a loan right power servicemembers and their fami- nerable to good deals. That is the re- now, we will take that tax refund. lies to make better and more informed ality today in the military. It is a dif- These turn out in some cases to have decisions, and it would work closely ferent military force in terms of Oper- APRs reaching as high as 250 percent as with existing personnel with the De- ation TEMPO where I served where you you are borrowing against your pro- partment of Defense and the particular were rather stabilized in one area for 3 spective tax refund. services so there is not only a place to years at least and then moved to an- Automobile title pawns. Short-term go with a complaint, but also proactive other. Now you have families where the loans are given to soldiers—and again, information to avoid some of these husband returns and 3 months later the as a company commander, I never— missteps. wife deploys. That is a huge burden on well, let me see. It was more common It would help monitor and respond to the children, but it creates a kind of to see a soldier in debt than to see a complaints by servicemembers and uncertainty and turmoil where finan- soldier investing in bonds and safe in- their families, and it would also coordi- cial problems are much more likely to vestments. It is the nature of being 18 nate efforts among Federal and State occur. That is another factor of vulner- years old, with some money and the agencies, and that I think is absolutely ability, and we have to recognize that. feeling that you have to spend it. But critical. You have local insurance regu- We also understand too that some of automobile title pawns, short-term lators, you have local attorneys gen- the more unscrupulous operators out loans with very high interest rates to eral, you have the Better Business Bu- there know these soldiers are getting give the title of their car to the lender reau, you have the Department of De- steady paychecks, but they might not as collateral. Again, the whole notion fense offices. We have all of these last all the way through the month. So to some youngsters in the military things, but often, particularly for a they are a good sort of subject for some about what is a title, what is collat- young soldier, where to go and get of these ploys. They have steady pay. eral, when they are looking at $2,000 or comprehensive one-stop help is hard to You can go after them legally to try to $3,000 on the table, that is only details. figure out. Many times they will ap- attempt to do something, subject to But when the time comes to pay the proach an office and they will be told, the Servicemembers Civil Service Re- loan, they don’t, and they lose their well, you have a good case but we don’t lief Act and all the other laws we try $25,000, $30,000 car or truck, and then it do that, and they are sent away. Given to protect them with. This is a target is a reality. the time and commitment they have to population in some respects, I hesitate I think we have to be conscious of devote to their service, this is another to say, but unfortunately I think it is this. All of this is compelling in the ab- burden they have to bear, and we hope true. stract. It becomes even more compel- we can reduce this burden. The Under Secretary of Defense ling when you listen to the stories of Senator BROWN and I are working to Clifford Stanley, who has been charged individual soldiers. develop the details of this office. I to be the champion for quality of life Three years ago, Army SPC Jennifer think it is absolutely necessary. for protecting service families, has Howard bought a car while she was sta- We have looked at—and I have been stated recently: ‘‘The personal finan- tioned at Fort Riley, KS. As it turns looking at this problem for years now, cial readiness of our troops and fami- out, the dealership that arranged her and communicating with the Depart- lies equates to mission readiness.’’ He financing charged her for features on ment of Defense, Secretary Gates, and reports that 72 percent of military fi- the car that she never got, such as a others at the Department of the Treas- nancial counselors surveyed—these are Moon roof and alloy wheels. You may ury about how to protect better our the individuals at DOT, all the per- say to yourself, how could anybody be service men and women. We think this sonnel whose job is to talk to troops so gullible? If you are a young soldier initiative will help us in that regard. about their well-being—72 percent sur- who just got back or is getting ready The Department of Defense and the veyed had counseled servicemembers to go and you look at a shiny car and Government Accountability Office on auto lending abuses in the past 6 you know you didn’t order the alloy have found that servicemembers are months. So this is not an isolated inci- wheels and Moon roof but you are not particularly vulnerable to expensive dent in one part of the country; this is going to take time checking the mani- and often abusive products. I will take across the country, across the Depart- fest to see what you are charged with— off my Senate hat and put on my old ment of Defense, and that is a signifi- that has been my experience. A dealer company commander hat in a para- cant situation. should know that, but apparently, in trooper company. You have 18- and 19- It is not just auto abuses. Payday this case, they charged her anyway. year-old men and women. They receive loans, for example. As I said, anybody She says: an enlistment bonus of sometimes who is working around a military base The dealership knows that we’re busy, $20,000. They don’t have a home. They knows that come the end of the month, we’re tired. We don’t take the time, because

VerDate Mar 15 2010 00:14 May 08, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.020 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3402 CONGRESSIONAL RECORD — SENATE May 7, 2010 we don’t have a lot of time. It’s like get in, kets. I support all of these objectives. I As I have said, I support the bill gen- get out, do what we got to do. If we get am very glad to see them included in erally. I believe it is essential to ensur- taken advantage of later we’ll deal with it this bill. ing that consumers are protected. How- then. However, I believe a small but vital ever, both I and my cosponsors on the SGT Diann Traina bought her car addition to the bill is needed to ensure amendment strongly believe it is nec- from a dealership that didn’t actually that America’s consumers of energy essary to preserve existing consumer own it. When it was repossessed, she products are adequately protected, and protections that may otherwise be lost. was stuck with a $10,000 bill. She said: that is the issue the amendment I am It is a simple, straightforward, tai- Trying to concentrate on my job and the discussing addresses. lored amendment that does not create mission in Iraq and then trying to figure out We need to be sure that both under loopholes in jurisdiction. It does noth- stuff that’s going on at home, it was really existing law and under the expanded ing to diminish the ability of the CFTC stressful. authority being given to the Com- to regulate commodity exchanges such She goes on to say: modity Futures Trading Commission in as NYMEX or to require public disclo- If there’s some type of regulation or agen- this bill, there is no compromise of the sure of swaps or any other authority cy that’s out there to back you up, you know role the Federal Energy Regulatory they have to regulate the mechanics of who to go to to complain about somebody if Commission is expected to perform and commodity markets, including those you’re experiencing a problem. the role our State public utility com- that trade energy commodities. That is what we want to do—coordi- missions are expected to perform to Once again, I thank my cosponsors nate these activities through a mili- regulate rates and terms with respect for working to develop this amend- tary liaison at a consumer financial to electricity and natural gas markets. ment. I urge my colleagues to support protection agency. We want to do that Without this amendment, the bill be- the amendment. At the appropriate because it is the right thing to do and fore us could inadvertently prevent time, I will seek to call the amendment because if we cannot protect the men those agencies from exercising their up and have it voted on by the Senate. and women who are protecting us, then authority and their responsibility to Seeing no other Senator seeking rec- we have to ask seriously whether we ensure just and reasonable rates for ognition, I suggest the absence of a are doing our job. I know they are electricity and natural gas consumers. quorum. doing their job. Without this amendment, the Federal The PRESIDING OFFICER. The With that, I yield the floor. Energy Regulatory Commission’s abil- clerk will call the roll. The PRESIDING OFFICER. The Sen- ity to exercise antimanipulation au- The legislative clerk proceeded to ator from New Mexico is recognized. thority could be called into question. call the roll. Mr. BINGAMAN. Mr. President, I un- These are enforcement tools to protect Mr. WHITEHOUSE. Mr. President, I derstand that today is set aside just for consumers. Congress granted them to ask unanimous consent that the order debate on amendments and on the bill. the FERC in 2005 as a direct response for the quorum call be rescinded. I certainly understand that, and I, ac- to Enron’s manipulation of markets in The PRESIDING OFFICER. Without cordingly, will not call up my amend- California and the West. objection, it is so ordered. ment today. The amendment offers a solution EMERGENCY SUPPLEMENTAL FUNDING I do want to talk about an amend- that I believe is consistent with the Mr. WHITEHOUSE. Mr. President, I ment I have filed—amendment No. philosophy of consumer protection that wish to speak on a couple of subjects. 3892—so that I can put my colleagues underlies other parts of the bill before The first is to express my regret that on notice about this amendment and us. The effect is simple: The amend- the supplemental funding to help the importance of it. This amendment ment preserves the authority of both Rhode Island in the wake of its unprec- has a straightforward goal. It is to pro- FERC and the States to ensure that edented, historic flooding was stopped tect the existing legal structures that electricity and natural gas rates are on the floor today by a Republican ob- ensure that electricity and natural gas just and reasonable. Direct examina- jection. I would have hoped that when rates consumers pay will continue to tion of prices is central to each of a true emergency happened in some- be just and reasonable and free from those agency’s mission. In FERC’s body’s home State, with a Presidential case, this authority is longstanding; it manipulation. disaster declaration, and Senators were was established over 70 years ago. I am joined in the amendment by a working to remedy that, the tradi- Without this amendment, a critical strong bipartisan group of cosponsors, check on energy prices may be lost. tional deference for emergency spend- Senators who, like me, have worked That is true for two connected reasons: ing would be appropriate. hard over the years to strengthen con- First, the CFTC’s so-called ‘‘exclu- Senator REED, as the senior Senator sumer protections in this area of elec- sive jurisdiction,’’ which is in the Com- and a member of the Appropriations tricity and natural gas, who have modity Exchange Act, could be inter- Committee, is the leader on this issue. worked cooperatively with me and oth- preted to operate to prevent FERC and He and I will continue to work to get ers on the Energy Policy Act of 2005 to State public utility commissions from this done for Rhode Island. It is regret- close the so-called Enron loophole. acting where their jurisdictions inter- table that conditions on the Senate I want to particularly express my ap- sect the Commodity Futures Trading floor are such that emergency spend- preciation to Senator MURKOWSKI, who Commission’s jurisdiction. ing—while we still have people out of is ranking member on the Energy Com- Second, the CFTC’s regulatory mis- their homes, flood damage, unprece- mittee that I am privileged to chair; sion differs significantly from that of dented in Rhode Island’s history—is Senator REID of Nevada, who is cospon- the FERC and from that of the State not something on which we simply soring the amendment, and Senators public utility commissions. The could have agreed. BROWNBACK, CANTWELL, CORNYN, CFTC’s mission is to protect market There are floods in other States, and WYDEN, and CORKER. All of these Sen- participants and to promote fair and I assume similar rules will apply when ators have cosponsored the amendment orderly trading on those markets. It they come forward. we filed last night. I am grateful for doesn’t directly examine commodity EXORBITANT INTEREST RATES their support and the hard work of prices in these markets. It does not The second issue I wish to mention, their staffs in developing the amend- consider the reasonableness of rates since I see the distinguished chairman ment. charged to consumers. of the Banking Committee, is I con- The bill currently before the Senate While properly functioning futures tinue to hope for and argue for the has several important objectives. It markets are important, the Com- amendment I have proposed that will improves accountability in the finan- modity Futures Trading Commission do something very helpful for some- cial system. It provides much needed cannot and does not have the authority thing that bedevils constituents in protections for American consumers of or responsibility to provide protections every single one of our States, which is financial services. It also expands the that are provided by the Federal En- exorbitant, ridiculous interest rates. scope of the Commodity Futures Trad- ergy Regulatory Commission and the Every day in the mail in every one of ing Commission’s authority with re- State public utility commissions under our States people are opening offerings spect to regulating commodity mar- their respective authority. from the big credit card companies;

VerDate Mar 15 2010 00:14 May 08, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.021 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3403 proposals that, particularly when cer- sumer protection regulation is going to request I would like to offer for the tain tricks or traps are triggered, kick be the State that governs. Obviously, it stalled nominees. them into 30 percent or higher interest would create a race to the bottom. Ob- There are now over 100 names on the rates. viously, it would completely disenfran- Executive Calendar, which is the list of It was not too long ago in all of our chise home States trying to protect everybody who is pending awaiting lifetimes that a solicitation such as their own citizens from States a coun- confirmation by the Senate. At a simi- that would have been a matter to bring try away that, frankly, couldn’t care lar time in President Bush’s adminis- to the attention of the authorities in less. tration, the number was 20. Those num- our States because it would have been A Rhode Island consumer being vic- bers do go up and down, as our Repub- illegal under State law to charge that timized is not the problem of the State lican friends have said. But just a few kind of reprehensible interest rate. of South Dakota. It just is not. We days ago, the number was over 80, and We as a Congress never decided we would never have passed that law. It the number at the equivalent time in were going to overrule all those State would have been an outrageous law to President Bush’s administration was 8. laws; State laws that have existed have passed. Yet because of this funny, There is a clear, systemic attack on since the founding of the Republic, a quirky Supreme Court decision, that is the Obama administration’s ability to tradition of interest rate regulation the way the law in practice developed staff its administration and, thus, gov- that in our culture goes back to the because smart bank lawyers figured ern. What is enabling it is the fact that Code of Hammurabi, goes back to out this trick and have taken advan- you do not have to have a reason to op- Roman law. We never decided as a Con- tage of it. pose a nominee. Why don’t you have to gress: Oh, we are not going to allow It is not just consumers who are get- have a reason? You don’t have to have States to protect their consumers any ting clobbered as a result. It is also un- a reason because you can do it secretly. longer, protect their citizens any fair to local banks. A Rhode Island Nobody even knows that it is you op- longer against exorbitant interest bank is under Rhode Island interest posing the nominee. If you want to rates. rate laws. But an out-of-State bank, have a systemic attack on a Presi- It happened in a strange, back- the big Wall Street banks with their dent’s ability to govern, what a good handed, almost inadvertent way. It big credit card subsidiaries, can play thing a secret hold on the President’s began with a statute in 1863 that said a by their own rules, by the worst rules nominees is. transaction was governed by law based in the country. A Rhode Island bank, a It has always been around, but it has on where it was located. In 1863, there Connecticut bank, a Minnesota bank— been abused to a point where we need was not a lot of interstate banking. So they have to play by local rules. It is to be rid of it. We need to be rid of it. there did not need to be a lot of discus- not fair to local lenders to have this The right of a Senator to hold a nomi- sion about what ‘‘located’’ meant. But discrepancy, because it is bad for con- nee should be protected, but that Sen- by 1978, interstate banking was fairly sumers, because consumers all across ator should have to stand and say that common. The question came to the Su- this country are paying interest rates they are doing it. If they do not have a preme Court, what that word ‘‘located’’ now that would have been illegal just good enough reason to hold a nominee in that Civil War statute meant. two or three decades ago, because it is that they are willing to stand up and In a very unheralded decision at the anticompetitive, because it allows the disclose it, then that is, frankly, not a time, a decision that did not appear to biggest banks to compete unfairly legitimate hold. The secret holds have be of any significant consequence, the against local community banks, Main to end. U.S. Supreme Court said: If you have a Street banks, disadvantaged against The situation we are in right now, bank located in one State and a con- these big Wall Street monsters because because there is a Senate rule on point, sumer located in another State, the nobody in Congress ever made a deci- is that the list of nominees has been law is going to be the State of the sion nor would we have made a decision read through. Great credit is due Sen- bank. It had to be one or the other. that this was OK. It is time we closed ator MCCASKILL who has read through They chose the State of the bank. The this loophole. the bulk of these—76 of them I think Marquette decision it was called. It in- I look forward to when we return to she has been through in the first round. volved the Presiding Officer’s State, have the chance to get a vote on that We asked for unanimous consent on all Minnesota. The decision said it is going amendment. I very much hope it will those nominees. We received objec- to be the bank. be a bipartisan vote because the prin- tions. I received an objection on a It did not seem very controversial. ciples that the Republican Party has nominee that I asked for from a Sen- Why not? The problem was that the espoused about local control, States ator who had voted for that nominee in banking industry began to figure out rights, protecting local institutions committee. He voted for the nominee that there was a loophole. They began against big, out-of-State national enti- in committee but came to the floor and to figure out if they could go to the ties, federalism, and our common inter- objected. The nominee had cleared the States with the worst consumer protec- ests across this floor in consumer pro- Judiciary Committee with zero opposi- tion laws in the country or if they tection all suggest that it is the kind tion, and yet on the floor, held and could go to a friendly Governor and of thing that should not divide us Re- held and held, anonymously—secretly. say: Hey, I will make you a deal; you publican against Democrat. This is Under the Senate rules, when you clear out your consumer protection closing a loophole that never should have asked for unanimous consent and laws, and we will come and we will lo- have existed, that we never would have you have had that objection, you have cate a big, high-rise business full of voted for if we had the chance to vote 6 days to come clean on your hold. Do call center people in your State—from for it, and that has resulted in im- you know how many Republican Sen- that State, they could operate nation- mense harm to the public of all of our ators followed that rule? One did. One ally. States as a result of these exorbitant did. Senator COBURN of Oklahoma dis- Because of this funny 1978 decision interest rates. closed he had been holding six or seven from an 1863 law, bit by bit all of the As I said, the interest rate solicita- appointees. That still leaves 100 on the constitutional Federalist States rights tion that is landing in Minnesota Senate floor right now on the Execu- protections, where sovereign States today, that is landing in Connecticut tive Calendar. have the right to protect their own today, and that is landing in Rhode Is- We began early this morning calling citizens against outrageous and exorbi- land today would have been a matter them up to see if those holds were still tant interest rates, became ineffectual. to bring to the authorities but for this there because after 6 days, you are ei- We never decided that as a Congress. If loophole. ther supposed to have disclosed it or we had that debate, I will venture that NOMINATIONS relinquished it. Sure enough, we kept it would have gone the other way. It The final issue I wish to talk about— on getting objection and objection and would be preposterous for us as a Con- I guess every Member on the other side objection. gress to look out across America and of the aisle has left town, so there is no So only two things can be true: Ei- say: OK, we are going to pass a law Republican in Washington, DC, to come ther they are just flagrantly violating that says that the worst State for con- and object to the unanimous consent the rule—what are we going to do?

VerDate Mar 15 2010 00:14 May 08, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.022 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3404 CONGRESSIONAL RECORD — SENATE May 7, 2010 There is no enforcement mechanism now. But they have been on the cal- to 0. Why go through all that trouble built into the rule. They are just say- endar for many weeks and there is no when we end on a vote of 98 to 0 or 100 ing: Make us follow the rule. You can’t reason for them not to be confirmed. to 0? It is because there are ulterior make us, so we are not going to follow The following judicial candidates, or motives. It is to burn the floor time of it. We know it is a rule—we voted for nominees for a judgeship, are also the Senate and to give the leader less it, and it passed with enormous bipar- pending: Jon E. DeGuilo to be a U.S. and less time to accomplish the things tisan support. It is a rule of the Senate, district judge for the Northern District that we need to accomplish. but we just choose not to follow it be- of Indiana; Audrey Goldstein Fleissig So I can go through many other cause we get too much advantage out to be a U.S. district judge for the East- names, but I will not do that now. I of secret holds. Senate rules don’t real- ern District of Missouri; Lucy Haeran will await the return of a Republican ly apply to us unless you can make us Koh to be a U.S. district judge for the Member of the Senate to Washington follow them. Northern District of California; Tanya so that somebody can be on the floor of That is a sad place for the Senate to Walton Pratt to be a U.S. district judge the Senate to either object or not ob- be, if that is where we are on this issue. for the Southern District of Indiana; ject to these nominees. I would hope at But there are only two alternatives. Jane E. Magnus-Stinson to be a U.S. this point that we will find they do not The other one is that they still have district judge for the Southern District object. That would be consistent with holds, but it is not a hold by the same of Indiana; Brian Anthony Jackson to the rule. Senator who had the hold when the be a U.S. district judge for the Middle If they have been on the calendar unanimous consent was asked for and, District of Louisiana; Elizabeth Erny this long, if they have had their unani- therefore, he has, under the rule, relin- Foote to be a U.S. district judge for the mous consent objected to, if the 6 days quished his hold. But what he has done Western District of Louisiana; Mark A. have run and if nobody has come up is gone and found another Senator and Goldsmith to be a U.S. district judge and actually said they have a hold on gotten that other Senator to take up for the Eastern District of Michigan; that person, then a unanimous consent the hold for him. That has been called Marc T. Treadwill to be a U.S. district ought to pass. Under the rule, a unani- a couple of things on the Senate floor. judge for the Middle District of Geor- mous consent ought to pass. If it It has been called the hold switcheroo. gia; Josephine Staton Tucker to be a doesn’t, it is a sign that they are either For those of us who are prosecutors, U.S. district judge for the Central Dis- flatout violating the rule or that they it looks a lot like money laundering. It trict of California; Gary Scott have done this hold laundering scheme is hold laundering. The person who has Feinerman to be a U.S. district judge with a colleague to dodge out from the real principal and interest with the for the Northern District of Illinois; under the rule. I think neither is cred- hold has gotten someone else to aid and Sharon Johnson Coleman to be a ible and we need to work our way and abet their scheme to interrupt the U.S. district judge for the Northern through this process. So on the next process of nominations and to violate District of Illinois. possible occasion, I will be doing that. the rules by taking on the hold for All of these candidates are waiting. I thank the Presiding Officer for his them and allowing them to dodge the They are on the calendar, all pending, courtesy and his time. I yield the floor, rule. That is not a great way of doing all cleared with either unanimous or and I suggest the absence of a quorum. business either. very strong votes out of the Judiciary The PRESIDING OFFICER. The So whether we have a direct and out- Committee, and all blocked. Yet I be- clerk will call the roll. right willful violation of the Senate lieve all are supported by Republican The legislative clerk proceeded to rules—massive violation of the Senate Senators from their home States. call the roll. rules—or a scheme to hold-launder—to These are all district judges. Mr. WHITEHOUSE. Mr. President, I get people to aid and abet you in your This is a judge who sits in a local dis- ask unanimous consent that the order secret hold and dodge the rule that trict within a State. These are not peo- for the quorum call be rescinded. way—neither is a great situation. So ple who are setting national policy. The PRESIDING OFFICER. Without we need to fix the rules so this cannot These are people who are handling objection, it is so ordered. continue. But it is a sad reflection on local trials, local motions practice, f the use of the secret hold that we are local Federal court litigation. in a circumstance now where the only If you have the support of your two MORNING BUSINESS two possible sets of facts are those two. home Senators, and if you have cleared Mr. WHITEHOUSE. Mr. President, I It just plain isn’t right. the Judiciary Committee, that ought ask unanimous consent that the Sen- If you are here as a Senator, you to be pretty simple. That ought to be ate proceed to a period of morning should follow the rules of the Senate. If pretty simple. But they are being held, business, with Senators permitted to you are not prepared to do that, find and they are being held for a reason. speak for up to 10 minutes each. something else to do. There are plenty They are being held because, if the Re- The PRESIDING OFFICER. Without of people who would love to serve here. publicans can force the Democrats to objection, it is so ordered. To find another Senator to put a sham burn floor time, it takes floor time f hold in to protect your hold so that away from the work we need to do to you can dodge this rule is, frankly, un- rebuild our economy. It takes floor MOTHER’S DAY scrupulous. That is something that, if time away from the work we need to do Mr. BYRD. Mr. President, this Sun- you could figure out who it was and to clean up Wall Street. It takes floor day, May 9, is Mothers Day in the you could get them in front of a jury time away from the bills we need to United States. and make that case, oh boy. But we pass to fund our troops overseas. It Many European nations have long ob- don’t have the enforcement mecha- takes floor time away from our ability served ‘‘Mothering Sundays,’’ which nism. So we have to continue. to do the work of governing. It is ob- are also part of the liturgical calendar But let me tell you who I was going struction, pure and simple. in several Christian denominations. to be asking for. There are two judges Because there are only so many Catholics observe Laetare Sunday, the for the Fourth Circuit, Albert Diaz and hours in a day, there are only so many fourth Sunday in Lent, in honor of the James Wynn. They are a Republican days in a week, and only so many Virgin Mary and the ‘‘mother’’ church. and a Democrat. They are paired for weeks in a month, it is a zero sum Some historians believe the tradition appointment. They cleared the Judici- game. You take time and make us of sending flowers on Mothers Day ary Committee with only one opposing spend it on these judges, and it is time grew out of the practice of allowing vote. One was unanimous and the other we can’t spend on floor work on the children who worked in large houses was everybody but one. They have been necessary legislation we have to get that day off to visit their families. The on the calendar now for weeks, and I through. That is why we see these children would pick wildflowers to would like to ask unanimous consent, strange votes where we have cloture take to their mothers on their way but I am informed that because there demanded and all that procedure; and home for the visit. The ancient Greeks are no Senate Republicans in Wash- then when the vote is finally taken we celebrated the Vernal Equinox with a ington I am unable to do that right have 98 to 0 or where we have had 100 springtime festival devoted to Cybele,

VerDate Mar 15 2010 00:36 May 08, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.023 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3405 a mother of many Greek gods. The an- I first want to once again thank the have significantly increased funding cient Romans dedicated the March hol- men and women who helped avert dis- for the FBI, the Defense Department, iday Matronalia to Juno, mother of the aster—and saved untold lives—in one of the Department of Homeland Security gods, and gave gifts to mothers on that America’s most iconic and crowded and the intelligence community. day. spaces. The system in place appears to At the same time, we’re keeping In the United States, the origins of be working as designed: improved avia- Americans safer at home by taking the Mothers Day are rooted deep in the tion security measures helped authori- fight to terrorists abroad. In recent West Virginia hills. Anna Jarvis, the ties apprehend the subject as he at- months we have helped kill or capture daughter of Ann Maria Reeves Jarvis, tempted to flee, and the suspect is now the most wanted terrorist leaders was born in Webster, WV, on May 1, reportedly providing valuable informa- across Iraq, southeast Asia, Africa and 1864. Her family moved to Grafton dur- tion that could help disrupt and pre- the Afghanistan-Pakistan region. We ing her childhood. On May 12, 1907, 2 vent future attacks. I am confident he have disrupted al-Qaida’s operations, years after her mother’s death, Anna and anyone else who contributed to finances and safe havens, and killed or Jarvis held a memorial service to this atrocious act will be held to ac- captured more than half of its top 20 honor her mother’s memory. From count. leaders. It is widely agreed that al- that small event began Anna Jarvis’ But I have been disappointed that Qaida is the weakest it has been since eventually successful campaign to in- some have tried to politicize this at- 9/11. stitute ‘‘Mothers Day’’ as a recognized tempted attack on our homeland. Let’s We have also begun to reverse the U.S. holiday. use this opportunity to pursue justice Taliban’s momentum in Afghanistan, Today, the International Mother’s and make sure our law enforcement, in part by tripling the number of U.S. Day Shrine, located in Grafton, con- military, and intelligence services have troops there. And we have strength- tinues to commemorate Anna Jarvis’ every tool they need to do their jobs. ened our partnership with Pakistan, accomplishment. Yet there are moth- Let’s also be sure we examine what empowering it to mount major ers who will not receive cards or flow- worked and didn’t so we can improve offensives against terrorists within its ers, or enjoy a Mothers Day brunch the system. But let’s not mistake it as borders. with their husbands and children. In an opportunity to score political points I am praising the administration’s Montcoal, WV, there are 29 families or make baseless accusations that do vigilance not because the President is a who are grieving the loss of sons, hus- nothing to ensure our citizens’ safety. Democrat. I am praising it because it bands, brothers, and friends. The Na- A thwarted terrorist attack in the is, by any objective measure, success- tion grieves with them, but that is lit- heart of our Nation’s most populous ful. America is as prepared as ever to tle comfort for those mothers who will city reminds us that we have enough defend against any threat, domestic or wake on the second Sunday in May to real enemies—we need not be our own. foreign. quiet houses and silent phones. Moth- Let’s also put this latest incident in If, as this past weekend showed us, ers Day holds little comfort for the context: It follows a successful series of private citizens, street vendors, law en- wives and mothers who must now get steps the administration has taken to forcement and intelligence officials can on with raising children and paying protect us here at home. work together in everyone’s best inter- bills alone following this tragic event. We have disrupted numerous ter- est, I would expect U.S. Senators to be Mothers Day is a lonely day as well rorism plots and prosecuted dozens of able to do the same. for the ‘‘Gold Star’’ mothers, wives and terrorist suspects, including the ring- f families of soldiers lost to battle in leader of a plan to bomb New York COMMENDING CONGRESSMAN Iraq and Afghanistan. First used in City’s subway system last year. Attor- DAVID OBEY World War I, service flags—a blue star ney General Holder called that plot on a white background, surrounded by ‘‘one of the most serious terrorist Mr. FEINGOLD. Mr. President, we a red border—are hung to signify that threats to our nation since September recently learned that DAVID OBEY, one the family has a loved one overseas in 11th, 2001.’’ That attack never hap- of the longest serving Members of the harm’s way. Should the awful news ar- pened; we cannot know how many lives other body, a friend, and a fellow mem- rive that their loved one had lost his or were saved, and our country is safer be- ber of the Wisconsin delegation, has de- her life, a gold star replaces the blue cause of this administration’s swift and cided to retire. To come here and try to star, signaling the supreme sacrifice smart leadership. sum up his record and accomplish- that has been made. Our Nation is also prosecuting David ments isn’t easy to do; Congressman Miners’ mothers and soldiers’ moth- Headley, who is accused of plotting OBEY has achieved so much for Wis- ers, as well as the mothers of anyone with the Pakistani terrorist organiza- consin, and for this Nation. He has facing dangerous working conditions tion Lashkar-e-Taiba to launch the been the dean of the Wisconsin delega- on a daily basis, know well the con- devastating terrorist attacks in tion, the chairman of the House Appro- stant stress and tension of having a Mumbai in 2008, as well as to carry out priations Committee, and a national dearly loved child in harm’s way. other plots in South Asia and Europe. leader on many issues affecting hard- Every day is a long, silent, chanting Attorney General Holder has credited working families. prayer: ‘‘Please, God, keep my child the criminal justice system for achiev- Congressman OBEY understood the safe and bring him home to me.’’ ing both a guilty plea and valuable in- concerns of the people of the 7th Dis- Tragedy reminds us just how much telligence about terrorist activities trict of Wisconsin, and he has been mothers care, and how much their chil- from Headley. their champion for more than 40 years. dren mean to them. This Mothers Day, And earlier this year, the FBI dis- He and I are both so fortunate to rep- we once again have an opportunity to rupted an international network of ex- resent this beautiful swath of Wiscon- thank our mothers for that loving care, tremists operating through the Inter- sin’s north woods, including the mag- and to thank all mothers for the great net to plot attacks, raise funding for nificent Apostle Islands. In fact, Con- generosity of spirit that marks a car- terrorism and recruit new terrorists. gressman OBEY and I worked together ing mother. Two Americans—Colleen LaRose and to protect the Apostles, designating al- f Jamie Paulin-Ramirez, also known as most 80 percent of the Apostles as fed- Jihad Jane and Jihad Jamie—were ar- erally protected wilderness. TIMES SQUARE BOMBING rested along with six foreign co-con- That was just one of many ways that ATTEMPT spirators. The two Americans will soon Congressman OBEY and I worked to- Mr. REID. Mr. President, last week- be tried in Federal court. gether. Recently, we were also proud to end’s close call is a wake-up call. The That’s not all. We have also enhanced come together to honor our friend, the attempt to bomb New York City’s intelligence sharing, strengthened late Gaylord Nelson, on the 40th anni- Times Square should remind us both of aviation security and boosted human- versary of Earth Day. And through the the vigilance we must maintain to intelligence collection capabilities. We years, I have had the chance to work keep Americans safe, and the triviality have fully implemented the 9/11 Com- with Congressman OBEY in areas where of political fingerpointing. mission’s recommendations. And we he has shown tremendous leadership,

VerDate Mar 15 2010 02:13 May 08, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.025 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3406 CONGRESSIONAL RECORD — SENATE May 7, 2010 including advocating for veterans, There being no objection, the mate- ‘‘I never felt sorry for myself,’’ Pearce farmers, and seniors. rial was ordered to be printed in the said. ‘‘This is kind of what I signed up for Wisconsin veterans have a terrific RECORD, as follows: when I started snowboarding.’’ He vows that he will snowboard again. ally in Congressman OBEY, who has [From the New York Times, May 3, 2010] ‘‘Obviously, I won’t be doing all the things stood up for better funding and facili- ‘‘NO PLACE LIKE THIS FOR SOOTHING CARE’’ I was doing,’’ Pearce said. ‘‘Hopefully, I can ties for our veterans time and again. I (By John Branch) still do some of the tricks.’’ have been so pleased to work with him Pearce’s promising comeback has not in- NORWICH, VT.—The renovated barn next to cluded a recalculation of his long-range am- to open new veterans’ health clinics, the family house was always one of Kevin push for more vet centers, and fight for bitions. His family is consciously keeping Pearce’s favorite places. There is a him concentrated on the here and now. the best possible care for those men skateboard ramp out back and a giant recre- ‘‘There is little use thinking about the and women who have sacrificed so ation room inside, with three loftlike bed- past, what could have been, or what may be much for our country. rooms above. in the future,’’ Simon Pearce, his father, Congressman OBEY has also worked But Pearce, 22, did not move into the barn said. ‘‘He has stayed focused on the present tirelessly on behalf of the farmers of until he was a teenager, and soon he was off moment. And it feels like it is working.’’ to snowboarding schools and then on the For months, Pearce has undergone reha- our State. He has fought for country- worldwide circuit. Home, and his room in the of-origin labeling and other issues crit- bilitation and therapy, both mental and barn, became just somewhere to get away for physical, often for six or more hours a day. ical to ginseng farmers, worked for a day or two. More recently, he went to a Denver-area emergency appropriations funding for Now it is the ultimate destination. gym, too, riding stationary bikes and play- direct payments to help shore up the More than four months after sustaining a ing basketball. He left only after making at safety net for dairy farmers in tough traumatic brain injury during a training ac- least 7 of 10 free throws. That sort of therapy times, and pushed to create, extend and cident, after missing the Olympics and living will continue at Dartmouth-Hitchcock Med- improve the Milk Income Loss Con- in hospitals in Utah and Colorado, Pearce ical Center in nearby Lebanon, N.H., and at has returned, indefinitely. a local athletic club. Pearce’s rehabilitation tract, MILC, Program. Those are just a ‘‘It’s the best thing ever,’’ Pearce said few of the many things he has done for continues to focus on vision, balance and Monday, sitting on a living room sofa while memory. Wisconsin’s farmers, and I was proud to holding hands with his mother, Pia. Hand- Pearce cannot fully appreciate how far he join him in those efforts. written ‘‘welcome home’’ posters, balloons has come, however often he watches videos He is also a determined advocate for and streamers hung about the house. that his family shot of him in the hospital in our seniors, and was a critical member ‘‘There’s nothing I could think of that’s any January. But his parents and three older of our effort to save the SeniorCare better than coming back home.’’ brothers—Andrew (28), Adam (25) and David Program in both 2007 and 2009. Con- And for a moment or two, it was easy to (24)—are still amazed. imagine that nothing extraordinary had hap- That hit home when the traveling party— gressman OBEY also has a long and dis- pened to Kevin Pearce at all. He laughed Kevin, Adam, their parents and their tinguished record on a host of other with his family. He talked about snowboarding friend Jack Mitrani—arrived issues. He is committed to strength- snowboarding. He discussed the Olympics. He at the airport in Boston. Pearce walked ening public education, improving our smiled, big as ever. through the airport and carried his own bag. health care system, and a longtime ad- ‘‘Things feel very normal to me,’’ Pearce They arrived at the family home about 9 vocate for political and congressional said. p.m. Saturday. About 30 friends and family reforms. The past few months, much of which members greeted them with cheers, hugs and There are so many things he has ac- Pearce does not remember, have been any- a few tears. thing but normal. On Dec. 31, Pearce, a ris- On Sunday, after a short hike up Gile complished, and so many reasons he ing rival to Shaun White who was expected Mountain, the family gathered for supper. It will be missed. I want to take this op- to make the United States Olympic halfpipe was a rare reunion. Simon and Pia generally portunity to recognize Congressman team and compete for a medal, fell and hit alternated trips out West. Andrew, a man- OBEY’s outstanding service in the other his head (he was wearing a helmet) while ager for the glass-blowing company founded body. I wish him all the best, and I practicing a trick in Park City, Utah. by Simon Pearce, went back and forth, too. thank him for his dedicated work for A helicopter flew Pearce, unconscious, to Adam left his job as a snowboarding instruc- the people of Wisconsin and for every the University of Utah Hospital in nearby tor in Utah and has barely left Kevin’s side, even moving back to the barn. (Among other American. Salt Lake City. The front half of his shoul- der-length hair was shaved so the recesses of things, Adam provided updates on a get-well f his brain could be drained of fluid. His fam- Facebook page for more than 48,000 fans.) ily was summoned immediately. Painful David, who has Down syndrome and has long RECOVERY OF SNOWBOARDER questions about whether he would live slow- provided perspective and inspiration, mostly KEVIN PEARCE ly gave way to uneasy ones about how his stayed in Vermont and worked for the family life would be. business. Mr. LEAHY. Mr. President, Kevin This is how, for now. Pearce walks without But one horrific accident, and one Pearce has been recognized as one of assistance, a little gingerly but sturdily celebratory homecoming, brought them to- the best athletes that Vermont has enough to navigate the stairs to the familiar gether again. produced. Like all Vermonters, bedroom in the barn. He looks a little dif- ‘‘Sitting at the table, for me, was a big Marcelle and I hold him in our prayers ferent now, too. His hair, after being shaved thing,’’ Pia Pearce said. ‘‘ ‘Wow, here we are, to one length, has grown back to the top of back at our round table, sitting together.’ ’’ and thoughts after a devastating On Monday afternoon, everything seemed snowboarding accident while preparing his ears. He wears bold, dark-rimmed Oakley Frogskin frames with prismlike lenses. The normal. Kevin Pearce, after taking a nap in for the 2010 Winter Olympics. vision in each eye is fine, but the eyes them- his old bedroom in the barn, was sitting in We have heard reports from his par- selves are a bit out of sync, not quite track- the grass out front with the snowboarder ents, Simon and Pia, about his recov- ing together. Ellery Hollingsworth. The sun was shining. ery and like all Vermonters, and so ‘‘My eyes are a little sketchy,’’ he said. Pearce was smiling. many other Americans, we are so ‘‘But they’re better than they used to be. Yes, it was good to be home. Awfully good. thankful he is back home and pro- They used to be scary blurry.’’ f gressing every day in his recovery. Pearce says he does not remember the ac- ADDITIONAL STATEMENTS I watched Kevin’s interview with cident. He does not remember much from the weeks before the injury, including Christmas Tom Brokaw on ‘‘The Today Show’’ at home. He remembers nothing after the in- 50TH ANNIVERSARY OF THE and he discussed how well he was doing jury until the first week of February, when with Tom. I also wanted my fellow he was flown from Utah to Craig Hospital, a DOSSIN GREAT LAKES MUSEUM Senators to see the article about him brain and spinal cord rehabilitation center ∑ Mr. LEVIN. Mr. President, I am de- in The New York Times and ask unani- near Denver. lighted to recognize the Dossin Great mous consent to have printed in the He does remember watching White win the Lakes Museum as it celebrates its 50th RECORD that article at the completion Olympic gold medal. Scotty Lago, a good anniversary. This institution has of my remarks. I can only image how friend of Pearce’s who had had far less big- graced the shores of Belle Isle, MI, event success, won bronze. It was tough, much Kevin enjoys being home with Pearce admitted. since 1960, when the Dossin family gen- his parents and his brothers and how But there is no memory of the moment erously helped to transform the dete- much we all appreciate his tremendous when he learned just how severe his injury riorating Maritime Museum into an en- courage and abilities. was. during tribute to the Great Lakes. For

VerDate Mar 15 2010 02:13 May 08, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.027 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3407 50 years, the Dossin Great Lakes Mu- States submitting sundry nominations By Ms. KLOBUCHAR (for herself and seum has offered visitors from across and a withdrawal which were referred Mr. THUNE): the state and beyond the opportunity to the appropriate committees. S. Res. 515. A resolution designating the to explore and experience firsthand (The nominations received today are week beginning May 2, 2010, as ‘‘National printed at the end of the Senate pro- Physical Education and Sport Week’’; con- much of our State’s 300-year maritime sidered and agreed to. narrative. ceedings.) By Mrs. SHAHEEN (for herself and Mr. Michigan’s rich history is inex- f DODD): tricably linked to the Great Lakes. In MESSAGE FROM THE HOUSE S. Res. 516. A resolution recognizing the fact, Michigan’s name is derived from contributions of AmeriCorps members to the the Ojibwa word for ‘‘large water,’’ a At 10:18 a.m., a message from the lives of the people of the United States; con- root that speaks to the lakes’ defining House of Representatives, delivered by sidered and agreed to. influence on our State’s evolution. The Mr. Novotny, one of its reading clerks, By Mr. LAUTENBERG (for himself, announced that the House has passed Mr. ROCKEFELLER, Mrs. HUTCHISON, lakes are integral to Michigan’s social, Mr. LIEBERMAN, Mr. SCHUMER, Mr. cultural, and economic character. Na- the following bill, in which it requests the concurrence of the Senate: DURBIN, Mrs. BOXER, Mr. CARPER, Mr. tive American tribes established trade DORGAN, Mr. WYDEN, Mr. BURRIS, Mr. H.R. 5019. An act to provide for the estab- routes through these inland seas, BAYH, and Mr. UDALL of New Mexico): which European settlers, led by the lishment of the Home Star Retrofit Rebate S. Res. 517. A resolution in support and rec- Program, and for other purposes. French, relied on to develop a thriving ognition of National Train Day, May 8, 2010; fur trade beginning in the late 1600s. f considered and agreed to. By Mr. THUNE (for himself, Mr. CASEY, During the War of 1812, American and MEASURES REFERRED Mr. JOHNSON, and Mr. FEINGOLD): British soldiers fought to wrest control The following bills were read the first S. Res. 518. A resolution designating the over these precious waterways. Today, and the second times by unanimous week beginning May 9, 2010, as ‘‘National the Great Lakes are a superhighway consent, and referred as indicated: Nursing Home Week’’; considered and agreed across which giant freighters glide. H.R. 4899. An act making emergency sup- to. Some of these great ships have become plemental appropriations for disaster relief f the stuff of maritime legend, such as and summer jobs for the fiscal year ending ADDITIONAL COSPONSORS the famous Edmund Fitzgerald, whose September 30, 2010, and for other purposes; to tragic tale has captured the imagina- the Committee on Appropriations. S. 1012 tion of Michiganians for generations. H.R. 5019. An act to provide for the estab- At the request of Mr. ROCKEFELLER, The Dossin Great Lakes Museum is a lishment of the Home Star Retrofit Rebate the name of the Senator from Michigan Program, and for other purposes; to the (Ms. STABENOW) was added as a cospon- lens through which visitors can study Committee on Finance. and appreciate the tremendous impor- sor of S. 1012, a bill to require the Sec- f tance of the Great Lakes. Its perma- retary of the Treasury to mint coins in nent exhibits include the enormous INTRODUCTION OF BILLS AND commemoration of the centennial of bow anchor of the Edmund Fitzgerald, JOINT RESOLUTIONS the establishment of Mother’s Day. the pilot house of the S.S. William Clay The following bills and joint resolu- S. 1275 Ford, and one of the largest known col- tions were introduced, read the first At the request of Mr. WARNER, the lections of scale model ships in the and second times by unanimous con- name of the Senator from Indiana (Mr. world. Located on Belle Isle in the mid- sent, and referred as indicated: LUGAR) was added as a cosponsor of S. dle of the Detroit River, facing the Ca- By Mr. LAUTENBERG (for himself, 1275, a bill to establish a National nadian shore, the Dossin Great Lakes Mrs. GILLIBRAND, and Mr. BROWN of Foundation on Physical Fitness and Museum devotes many of its resources Ohio): Sports to carry out activities to sup- to explaining Detroit’s prominent role S. 3329. A bill to provide triple credits for port and supplement the mission of the in the rich international history of the renewable energy on brownfields, and for President’s Council on Physical Fit- Great Lakes. The museum’s dedicated other purposes; to the Committee on Energy ness and Sports. and Natural Resources. staff are committed to providing visi- By Mr. CASEY (for himself and Mr. S. 1317 tors with an exciting and educational SPECTER): At the request of Mr. LAUTENBERG, experience, and to ensuring that resi- S. 3330. A bill to amend title 38, United the name of the Senator from Illinois dents of Michigan and visitors to our States Code, to make certain improvements (Mr. DURBIN) was added as a cosponsor State continue to learn about the rich in the administration of medical facilities of of S. 1317, a bill to increase public safe- the Department of Veterans Affairs, and for heritage of the Lakes. ty by permitting the Attorney General For 50 years, this Detroit landmark other purposes; to the Committee on Vet- erans’ Affairs. to deny the transfer of firearms or the has served an important role in illus- By Mr. INOUYE (for himself, Mr. issuance of firearms and explosives li- trating Michigan’s enduring ties to the BEGICH, and Ms. MURKOWSKI): censes to known or suspected dan- Great Lakes. It offers the prospect of S. 3331. A bill to establish a Native Amer- gerous terrorists. adventure and knowledge for those who ican Economic Advisory Council, and for S. 3141 walk through its doors, and its exhibits other purposes; to the Committee on Indian Affairs. At the request of Mr. BINGAMAN, the tell stories that transport visitors name of the Senator from Ohio (Mr. through three centuries of maritime By Mr. McCAIN (for himself and Mr. KYL): BROWN) was added as a cosponsor of S. history. I know my colleagues join me S. 3332. A bill to implement a comprehen- 3141, a bill to amend the Internal Rev- in congratulating all those affiliated sive border security plan to combat illegal enue Code of 1986 to provide special with the Dossin Great Lakes Museum immigration, drug and alien smuggling, and rules for treatment of low-income on its 50th anniversary and in wishing violent activity along the southwest border housing credits, and for other purposes. them the best for another 50 years of of the United States; to the Committee on S. 3288 navigating the course of our history.∑ Homeland Security and Governmental Af- fairs. At the request of Mr. LAUTENBERG, f By Mr. LEAHY (for himself and Mr. the name of the Senator from Con- MESSAGES FROM THE PRESIDENT ROCKEFELLER): necticut (Mr. DODD) was added as a co- S. 3333. A bill to extend the statutory li- Messages from the President of the sponsor of S. 3288, a bill to amend the cense for secondary transmissions under Internal Revenue Code to reduce to- United States were communicated to title 17, United States Code, and for other the Senate by Mrs. Neiman, one of his purposes; considered and passed. bacco smuggling, and for other pur- poses. secretaries. f S. 3302 f SUBMISSION OF CONCURRENT AND At the request of Mr. ROCKEFELLER, EXECUTIVE MESSAGES REFERRED SENATE RESOLUTIONS the name of the Senator from Missouri As in executive session the Presiding The following concurrent resolutions (Mrs. MCCASKILL) was added as a co- Officer laid before the Senate messages and Senate resolutions were read, and sponsor of S. 3302, a bill to amend title from the President of the United referred (or acted upon), as indicated: 49, United States Code, to establish

VerDate Mar 15 2010 02:13 May 08, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.029 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3408 CONGRESSIONAL RECORD — SENATE May 7, 2010 new automobile safety standards, make would be to consult, coordinate, and (6) the impacts of the ongoing recession better motor vehicle safety informa- make recommendations to Federal and the near collapse of the financial and tion available to the National Highway agencies for the purpose of improving banking systems require a review of assump- Traffic Safety Administration and the the substandard economic conditions tions about the future, the need for new growth strategies, and a focus on laying the public, and for other purposes. that exist in our Native communities. groundwork for economic success in the 21st S. 3305 Currently, there is no Council, and century; At the request of Mr. MENENDEZ, the despite the federal government’s (7) there is a continuing need for direct name of the Senator from Rhode Island ‘‘trust’’ relationship with Native Amer- economic stimulus, including needs for im- (Mr. REED) was added as a cosponsor of ican tribes, Native Americans them- proving rural infrastructure and alternative S. 3305, a bill to amend the Oil Pollu- selves continue to rank lowest in qual- energy in rural and Native American com- tion Act of 1990 to require oil polluters ity of life standings. As a Nation we munities of the United States and providing need to preserve our Native Commu- Native Americans leaders with the tools to to pay the full cost of oil spills, and for create jobs and improve economic condi- other purposes. nities; they are rich with cultural sig- tions; S. 3306 nificance and living history. (8) in light of the role of Native American Native communities are considered At the request of Mr. MENENDEZ, the communities as emerging markets within name of the Senator from Rhode Island ‘‘emerging economies’’ that have the United States, there are opportunities stalled because of the current eco- and needs that should be addressed, includ- (Mr. REED) was added as a cosponsor of ing consideration of United States support S. 3306, a bill to amend the Internal nomic situation. This bill is an at- tempt to keep these communities mov- for the pooling of resources to create an In- Revenue Code of 1986 to require pol- digenous Sovereign Wealth Fund that is luters to pay the full cost of oil spills, ing by educating, empowering, and en- couraging our future Native American similar to those Funds created around the and for other purposes. world to diversify revenue streams, attract leaders to create sustainable economic AMENDMENT NO. 3775 more resources, invest more wisely, and cre- growth programs in their own commu- At the request of Mr. WYDEN, the ate jobs; nities. name of the Senator from Maine (Ms. (9) Native Americans should be partici- In Hawaii, the cost of living ranges pants when major economic decisions are COLLINS) was added as a cosponsor of from 30 percent to 60 percent higher made that affect the property, lives, and fu- amendment No. 3775 intended to be pro- than the national average. We have to ture of Native Americans; and posed to S. 3217, an original bill to pro- start planning for economic stability (10) Native Americans should fully partici- mote the financial stability of the in the future and this bill provides an pate in rebuilding Native American commu- United States by improving account- nities and have necessary tools and re- opportunity to do so. I look forward to sources. ability and transparency in the finan- working with my colleagues on rein- cial system, to end ‘‘too big to fail’’, to SEC. 3. PURPOSE. vesting in our Nation’s future. The purpose of this Act is to authorize and protect the American taxpayer by end- Mr. President, I ask unanimous con- ing bailouts, to protect consumers establish a Native American Economic Advi- sent that the text of the bill be printed sory Council to consult, coordinate with, and from abusive financial services prac- in the RECORD. make recommendations to the Executive Of- tices, and for other purposes. There being no objection, the text of fice of the President, Cabinet officers, and AMENDMENT NO. 3808 the bill was ordered to be printed in Federal agencies— At the request of Mr. FRANKEN, the the RECORD, as follows: (1) to improve the focus, effectiveness, and delivery of Federal economic aid and devel- name of the Senator from Mississippi S. 3331 opment programs to Native Americans and, (Mr. WICKER) was added as a cosponsor Be it enacted by the Senate and House of Rep- of amendment No. 3808 intended to be as a result, improve substandard economic resentatives of the United States of America in conditions in Native American communities; proposed to S. 3217, an original bill to Congress assembled, (2) to build and expand on the capacity of promote the financial stability of the SECTION 1. SHORT TITLE. leaders in Native American organizations United States by improving account- This Act may be cited as the ‘‘Native and communities to take positive and inno- ability and transparency in the finan- American Economic Advisory Council Act of vative steps— cial system, to end ‘‘too big to fail’’, to 2010’’. (A) to create jobs; protect the American taxpayer by end- SEC. 2. FINDINGS. (B) to establish stable and profitable busi- ing bailouts, to protect consumers Congress finds— ness enterprises; from abusive financial services prac- (1) the United States has a special political (C) to enhance economic conditions; and and legal relationship and responsibility to (D) to use Native American-owned re- tices, and for other purposes. promote the welfare of the Native American sources for the benefit of members; and AMENDMENT NO. 3844 people of the United States; (3) to achieve the long-term goal of im- At the request of Mr. BROWNBACK, the (2) evaluations of indicators and criteria of proving the quality of Native American life name of the Senator from California social well-being, education, health, unem- and living conditions and access to basic (Mrs. BOXER) was added as a cosponsor ployment, housing, income, rates of poverty, public services to the levels enjoyed by the of amendment No. 3844 intended to be justice systems, and nutrition by agencies of average citizen and community of the United proposed to S. 3217, an original bill to government and others have consistently States by the year 2025. found that Native American communities SEC. 4. ESTABLISHMENT OF NATIVE AMERICAN promote the financial stability of the rank below other groups of United States ECONOMIC ADVISORY COUNCIL. United States by improving account- citizens and many are at or near the bottom (a) IN GENERAL.—There is established a Na- ability and transparency in the finan- in those evaluations; tive American Economic Advisory Council cial system, to end ‘‘too big to fail’’, to (3) Native Americans, like other people in (referred to in this Act as the ‘‘Council’’) to protect the American taxpayer by end- the United States, have been hit hard by the advise and assist the Executive Office of the ing bailouts, to protect consumers deepest recession of the United States econ- President and Federal agencies to ensure from abusive financial services prac- omy in over 50 years, causing a significant that Native Americans (including Native tices, and for other purposes. decline in employment and economic activ- American members, communities and orga- ity across the United States; nizations) have— f (4) Native American communities have (1) the means and capacity to generate and STATEMENTS ON INTRODUCED been described as ‘‘emerging economies’’ and benefit from economic stimulus and growth; BILLS AND JOINT RESOLUTIONS consequently have been stalled in the efforts and of the communities to build sustainable (2) fair access to, and reasonable opportu- By Mr. INOUYE (for himself, Mr. growing economies for the people of the com- nities to participate in, Federal economic de- BEGICH, and Ms. MURKOWSKI): munities and are being adversely affected velopment and job growth programs. S. 3331. A bill to establish a Native faster than the rest of the United States; (b) MEMBERS.— American Economic Advisory Council, (5) economic stimulus programs to help (1) IN GENERAL.—The Council shall consist and for other purposes; to the Com- Native American communities generate jobs of 5 members appointed by the President. mittee on Indian Affairs. and stronger economic performance will re- (2) INITIAL APPOINTMENTS.—Not later than quire United States financial and tax incen- 180 days after the date of enactment of this Mr. INOUYE. Mr. President, I rise to tives to increase both local and expanded in- Act, the President shall appoint the initial introduce a bill that would establish a vestment that is tailored to the unique needs members of the Council. Native American Economic Advisory and circumstances of Native American com- (3) COMPOSITION.—Of the members of the Council. This Council’s primary duties munities; Council—

VerDate Mar 15 2010 00:36 May 08, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.041 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3409 (A) 1 member shall be an Alaska Native; ciency, and independence in urban and re- levels enjoyed by most people of the United (B) 1 member shall be a Hawaiian Native; mote Native American communities while States. and preserving the traditional cultural values of SEC. 7. REPORTS. (C) 3 members shall represent American those communities; The Council shall— Native groups and organizations from other (2) ensuring that Native Americans (in- (1) prepare periodic reports on the activi- States. cluding Native American communities and ties of the Council; and (4) CHAIRPERSON.—The President shall des- organizations) have equal access to Federal (2) make the reports available to— ignate 1 of the members of the Council to economic aid, training, and assistance pro- (A) Native American communities, organi- serve as Chairperson. grams; zations, and members; (c) EXPERIENCE.—Each member of the (3) developing economic growth strategies, (B) the General Services Administration; Council shall be a Native American who, as finance, and tax policies that will enable Na- (C) the Office of Management and Budget; a result of work experience, training, and at- tive American organizations to stimulate (D) the Domestic Policy Council; tainment, is well qualified— the local economies of Native Americans and (E) the National Economic Council; (1) to identify, analyze, and understand the create meaningful new jobs in Native Amer- (F) the Council of Economic Advisers; attributes and background of successful busi- ican communities; (G) the Secretary of the Treasury; ness enterprises and economic programs in (4) increasing the effectiveness of Federal (H) the Secretary of Commerce; Native American communities and cultures; programs to address the economic, employ- (I) the Secretary of Labor; (2) to appraise the economic development ment, medical, and social needs of Native (J) the Secretary of the Interior; programs and activities of Federal agencies American communities; (K) the Secretary of Energy; and in the context of the goals and purposes of (5) administering Federal economic devel- (L) members of the public. this Act; and opment assistance programs with an under- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (3) to recommend programs, policies, and standing of the unique needs of Native Amer- There are authorized to be appropriated to needed program modifications to improve ac- ican communities with the objectives of— carry out this Act such sums as are nec- cess to and effectiveness in the delivery of (A) making Native American leaders essary. economic development programs in Native knowledgeable about best business practices American communities. and successful economic and job growth f (d) VACANCIES.—A vacancy on the Coun- strategies; SUBMITTED RESOLUTIONS cil— (B) promoting investment and economic (1) shall not affect the authority of the growth and reducing unemployment and pov- Commission; and erty in Native American communities; SENATE RESOLUTION 515—DESIG- (2) shall be filled in the same manner as (C) enhancing governance, entrepreneur- NATING THE WEEK BEGINNING the initial appointments to the Council. ship, and self-determination in Native Amer- (e) EXPENSES.—Each Member of the Coun- ican communities; and MAY 2, 2010, AS ‘‘NATIONAL cil shall be allowed travel expenses, includ- (D) fostering demonstrations of trans- PHYSICAL EDUCATION AND ing per diem in lieu of subsistence, at the formational changes in economic conditions SPORT WEEK’’ rate authorized for employees of agencies in remote Native American communities Ms. KLOBUCHAR (for herself and Mr. under subchapter I of chapter 57 of title 5, through the use of innovative technology, THUNE) submitted the following resolu- United States Code, while away from the targeted investments, and the use of Native homes or regular places of business of the American-owned natural and scenic re- tion; which was considered and agreed employees in the performance of services for sources; to: the Council. (6) improving the effectiveness of economic S. RES. 515 (f) STAFF.— development assistance programs through Whereas the week beginning May 2, 2010, is (1) IN GENERAL.—The Council may, without the integration and coordination of assist- observed as National Physical Education and regard to the civil service laws (including ance to Native American communities; Sport Week; regulations), appoint and terminate an exec- (7) recommending educational and business Whereas a decline in physical activity has utive director and such other staff as are training programs for Native Americans that contributed to an unprecedented epidemic of necessary to enable the Council to perform increase the capacity of Native Americans childhood obesity in the United States, the duties required under this Act. for economic well-being and to further the which has more than tripled since 1980; (2) COMPENSATION.— purposes of this Act; and Whereas regular physical activity is nec- (A) IN GENERAL.—Subject to subparagraph (8) initiating proposals, as needed, for fel- essary to support normal and healthy growth (B), the Council may fix the compensation of lowship and mentoring programs to meet the in children and is essential to their contin- the executive director and other personnel economic development needs of Native ued health and well-being; without regard to the provisions of chapter American communities. Whereas, according to the Centers for Dis- 51 and subchapter III of chapter 53 of title 5, (b) ADDITIONAL DUTIES.—The Council ease Control and Prevention, overweight United States Code, relating to classification shall— adolescents have a 70 to 80 percent chance of of positions and General Schedule pay rates. (1) prepare a compilation of successful becoming overweight adults, increasing their (B) MAXIMUM AMOUNT.—The rate of pay for business enterprises and joint ventures con- risk for chronic disease, disability, and the executive director and other personnel of ducted by Native American organizations, death; the Council shall not exceed the rate payable including tribal enterprises and the commer- Whereas physical activity reduces the risk for level V of the Executive Schedule under cial ventures of Native Corporations (as de- of heart disease, high blood pressure, diabe- section 5316 of title 5, United States Code. fined in section 102 of the Alaska National tes, and certain types of cancers; (g) DETAIL OF EMPLOYEES.— Interest Lands Conservation Act (16 U.S.C. Whereas type 2 diabetes can no longer be (1) IN GENERAL.—An employee of the Fed- 3102)) in the State of Alaska; and referred to as ‘‘late in life’’ or ‘‘adult onset’’ eral Government may be detailed to the (2) periodically sponsor and arrange con- diabetes because it occurs in children as Council without reimbursement. ferences and training workshops on Native young as 10 years old; (2) CIVIL SERVICE STATUS.—The detail of an American business activities, including pro- Whereas the Physical Activity Guidelines employee shall be without interruption or viding mentors, resource people, and speak- for Americans, published by the Department loss of civil service status or privilege. ers to address financing, management, mar- of Health and Human Services, recommend (h) TEMPORARY SERVICES.—The Council keting, resource development, and best busi- that children engage in at least 60 minutes of may procure temporary and intermittent ness practices in Native American business physical activity on most, and preferably all, services in accordance with section 3109(b) of enterprises. days of the week; title 5, United States Code, at rates for indi- SEC. 6. ASSESSMENT OF IMPACTS OF LEGISLA- Whereas, according to the Centers for Dis- viduals that do not exceed the daily equiva- TIVE PROPOSALS ON NATIVE AMER- ease Control and Prevention, only 17 percent lent of the annual rate of basic pay pre- ICAN ECONOMIC PROSPECTS AND of high school students meet that goal of 60 scribed for level V of the Executive Schedule OPPORTUNITY. minutes of physical activity a day; under section 5316 of that title. In preparing and communicating the com- Whereas children spend many of their wak- (i) ADMINISTRATIVE SERVICES.—The Sec- ments and recommendations of the President ing hours at school and therefore need to be retary of Commerce shall provide necessary on proposed legislation to committees and active during the school day to meet the rec- office space and administrative services for leadership of Congress, the Director of the ommendations of the Physical Activity the Council (including staff of the Council). Office of Management and Budget and the Guidelines for Americans; SEC. 5. DUTIES. head of a Federal agency shall include an as- Whereas, according to the Centers for Dis- (a) IN GENERAL.—The Council shall advise sessment of the impacts of the proposed leg- ease Control and Prevention, 1 in 4 children and make recommendations to Federal agen- islation on the economic and employment in the United States does not attend any cies on— prospects and opportunities provided in the school physical education classes and fewer (1) proposing sustainable economic growth proposed legislation to improve the quality than 1 in 4 children in the United States en- and poverty reduction policies in a manner of living conditions of Native American com- gage in 20 minutes of vigorous physical ac- that promotes self-determination, self-suffi- munities, organizations, and members to the tivity each day;

VerDate Mar 15 2010 00:36 May 08, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.053 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3410 CONGRESSIONAL RECORD — SENATE May 7, 2010 Whereas teaching children about physical SENATE RESOLUTION 516—RECOG- Mr. WYDEN, Mr. BURRIS, Mr. BAYH, AND activity and sports not only ensures that NIZING THE CONTRIBUTIONS OF MR. UDALL of New Mexico) submitted they are physically active during the school AMERICORPS MEMBERS TO THE the following resolution; which was day, but also educates them on how to be LIVES OF THE PEOPLE OF THE considered and agreed to: physically active and the importance of UNITED STATES S. RES. 517 being physically active; Whereas, according to a 2006 survey by the Mrs. SHAHEEN (for herself and Mr. Whereas on May 10, 1869, the ‘‘golden Department of Health and Human Services, DODD) submitted the following resolu- spike’’ was driven into the final tie at Prom- 3.8 percent of elementary schools, 7.9 percent tion; which was considered and agreed ontory Summit, Utah, to join the Central Pacific and the Union Pacific Railroads, of middle schools, and 2.1 percent of high to: ceremonially completing the first trans- schools provide daily physical education S. RES. 516 continental railroad and therefore con- classes or the equivalent for the entire Whereas, since its inception in 1994, the necting both coasts of the United States; school year, and 22 percent of schools do not AmeriCorps national service program has Whereas in highly populated regions Am- require students to take any physical edu- proven to be a highly effective way to engage trak trains and infrastructure carry inter- cation classes at all; the people of the United States in meeting a city passengers and commuters to and from Whereas, according to that survey, 13.7 wide range of local and national needs and work in congested metropolitan areas, pro- percent of elementary schools, 15.2 percent of promoting the ethic of service and volun- viding a reliable rail option while reducing middle schools, and 3.0 percent of high teering; congestion on roads and in the skies; schools provided physical education at least Whereas, each year, AmeriCorps provides Whereas Amtrak ridership in Fiscal Year 3 days per week, or the equivalent thereof, opportunities for approximately 85,000 indi- 2009 reached 27.1 million passengers from 46 for the entire school year for students in all viduals across the United States to give back states; grades in the school; in an intensive way to their communities, Whereas, for many rural Americans, Am- Whereas research shows that fit and active their States, and the Nation; trak represents the only major intercity children are more likely to thrive academi- Whereas those individuals improve the transportation link to the rest of the coun- cally; lives of the Nation’s most vulnerable citi- try; Whereas increased time in physical edu- zens, protect the environment, contribute to Whereas passenger rail provides a fuel-effi- cation classes can improve children’s atten- public safety, respond to disasters, and cient transportation system, thereby pro- tion and concentration and result in higher strengthen the educational system; viding clean transportation alternatives and test scores; Whereas AmeriCorps members serve thou- energy security; sands of nonprofit organizations, schools, Whereas, when combined with all modes of Whereas participation in sports teams and and faith-based and community organiza- transportation, passenger railroads emit physical activity clubs, which are often orga- tions each year; only 0.2 percent of the travel industry’s total nized by schools and run outside the regular Whereas AmeriCorps members, after their greenhouse gases and one freight train can school day, can improve students’ grade terms of service end, are more likely to re- move a ton of freight 480 miles on one gallon point averages, attachment to schools, edu- main engaged in their communities as volun- of fuel; cational aspirations, and the likelihood of teers, teachers, and nonprofit professionals Whereas developing this pipeline of na- graduating; than the average individual; tional high-speed and intercity passenger Whereas participation in sports and other Whereas, on April 21, 2009, President rail projects will revitalize the domestic physical activities also improves self-esteem Barack Obama signed the Serve America Act manufacturing industry and create addi- and body image in children and adults; (Public Law 111–13; 123 Stat. 1460) into law, tional American jobs building on the one Whereas children and youth who take part which was passed by bipartisan majorities in million good-paying, middle-class-creating in physical activity and sports programs de- both the House of Representatives and the American jobs that can never be off-shored velop improved motor skills, healthy life- Senate and reauthorized AmeriCorps and that are already supported by the rail indus- styles, improved social skills, a sense of fair will expand AmeriCorps programs to incor- try; play, strong teamwork skills, and self-dis- porate 250,000 members each year; Whereas ridership on Amtrak grew every cipline and avoid risky behaviors; Whereas national service programs have year from 2000 through 2008, and is currently Whereas the social and environmental fac- engaged millions of people in the United on track for 2010 to be its best ridership year tors affecting children are in the control of States in results-driven service in the Na- ever, further demonstrating the increased the adults and the communities in which tion’s most vulnerable communities, pro- demand for intercity passenger rail services; children live, and therefore the Nation viding hope and help to people facing eco- and nomic and social needs; Whereas our railroad system is a source of shares a collective responsibility in revers- Whereas, in 2010, as the economic down- civic pride, the gateway to our communities ing the childhood obesity trend; turn puts millions of people in the United and a tool for economic growth that creates Whereas efforts to improve the fitness States at risk, national service and volun- transportation-oriented development and level of children who are not physically fit teering are more important than ever; and livable communities: Now, therefore, be it may also result in improvements in aca- Whereas AmeriCorps Week, observed in Resolved, That the Senate supports the demic performance; and 2010 from May 8 through May 15, provides the goals and ideals of National Train Day, as Whereas the Senate strongly supports ef- perfect opportunity for AmeriCorps mem- designated by Amtrak. forts to increase physical activity and par- bers, alumni, grantees, program partners, ticipation of youth in sports: Now, therefore, and friends to shine a spotlight on the work f be it done by AmeriCorps members and to moti- SENATE RESOLUTION 518—DESIG- Resolved, That the Senate— vate more people in the United States to serve their communities: Now, therefore, be NATING THE WEEK BEGINNING (1) designates the week beginning May 2, MAY 9, 2010, AS ‘‘NATIONAL 2010, as ‘‘National Physical Education and it Resolved, That the Senate— NURSING HOME WEEK’’ Sport Week’’; (1) recognizes the contributions of (2) recognizes the central role of physical Mr. THUNE (for himself, Mr. CASEY, AmeriCorps members to the lives of the peo- education and sports in creating healthy life- Mr. JOHNSON, and Mr. FEINGOLD) sub- ple of the United States; styles for all children and youth; (2) acknowledges the significant accom- mitted the following resolution; which (3) encourages school districts to imple- plishments of AmeriCorps members, alumni, was considered and agreed to: ment local wellness policies, as described in and community partners; and S. RES. 518 section 204 of the Child Nutrition and WIC (3) encourages the people of the United Whereas more than 1,500,000 elderly and Reauthorization Act of 2004 (42 U.S.C. 1751 States to join in a national effort to salute disabled individuals live in the nearly 16,000 note), that include ambitious goals for phys- AmeriCorps members and alumni and raise nursing facilities in the United States; ical education, physical activity, and other awareness about the importance of national Whereas the annual celebration of Na- activities addressing the childhood obesity and community service. tional Nursing Home Week invites people in epidemic and promoting child wellness; and f communities nationwide to recognize nurs- (4) encourages schools to offer physical ing home residents and staff for their con- education classes to students and to work SENATE RESOLUTION 517—IN SUP- tributions to their communities; with community partners to provide oppor- PORT AND RECOGNITION OF NA- Whereas the theme for National Nursing tunities and safe spaces for physical activi- TIONAL TRAIN DAY, MAY 8, 2010 Home Week in 2010 is ‘‘Enriching Every ties before and after school and during the Day’’, honoring caregivers who are ‘‘enrich- summer months for all children and youth. Mr. LAUTENBERG (for himself, Mr. ing every day’’ for elderly and disabled indi- ROCKEFELLER, Mrs. HUTCHISON, Mr. viduals, adding value to their lives and help- LIEBERMAN, Mr. SCHUMER, Mr. DURBIN, ing them to overcome many of the infir- Mrs. BOXER, Mr. CARPER, Mr. DORGAN, mities of age and disability;

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Whereas nursing homes are intimate com- amendment SA 3739 proposed by Mr. REID ‘‘(ix) whether the nationally recognized munities where acts of caring, kindness, and (for Mr. DODD (for himself and Mrs. LINCOLN)) statistical rating organization fully complies respect are the norm; to the bill S. 3217, supra; which was ordered with the public disclosure requirements Whereas, when the positive bond that nat- to lie on the table. under this section regarding rating proce- urally develops between patients and their SA 3917. Mr. CHAMBLISS submitted an dures and methodologies. caregivers is established, patients experience amendment intended to be proposed to not only better physical care and healing, amendment SA 3739 proposed by Mr. REID SA 3911. Mr. CASEY submitted an but also enrichment of the mind, heart, and (for Mr. DODD (for himself and Mrs. LINCOLN)) amendment intended to be proposed to spirit and an affirmation of their value; and to the bill S. 3217, supra; which was ordered Whereas National Nursing Home Week rec- to lie on the table. amendment SA 3739 proposed by Mr. ognizes the people who provide care to the SA 3918. Ms. SNOWE (for herself and Ms. REID (for Mr. DODD (for himself and Nation’s most vulnerable population: Now, LANDRIEU) submitted an amendment in- Mrs. LINCOLN)) to the bill S. 3217, to therefore, be it tended to be proposed to amendment SA 3739 promote the financial stability of the Resolved, That the Senate— proposed by Mr. REID (for Mr. DODD (for him- United States by improving account- (1) designates the week beginning May 9, self and Mrs. LINCOLN)) to the bill S. 3217, ability and transparency in the finan- 2010, as ‘‘National Nursing Home Week’’; supra; which was ordered to lie on the table. cial system, to end ‘‘too big to fail’’, to (2) recognizes that a majority of people in SA 3919. Mr. CONRAD (for himself, Mr. protect the American taxpayer by end- the United States, because of social needs, CRAPO, Mr. BARRASSO, Mr. KERRY, Mr. disability, trauma, or illness, will require BROWN of Massachusetts, Ms. SNOWE, Ms. ing bailouts, to protect consumers long-term care services at some point in LANDRIEU, Mr. DORGAN, Mr. ROBERTS, Mr. from abusive financial services prac- their lives; ENZI, Mrs. MCCASKILL, Ms. COLLINS, Ms. tices, and for other purposes; which (3) honors nursing home residents and the CANTWELL, and Mrs. MURRAY) submitted an was ordered to lie on the table; as fol- people who care for them each day, including amendment intended to be proposed to lows: family members, volunteers, and dedicated amendment SA 3739 proposed by Mr. REID On page 40, between lines 12 and 13, insert long-term care professionals, for their con- (for Mr. DODD (for himself and Mrs. LINCOLN)) the following: tributions to their communities and the to the bill S. 3217, supra; which was ordered (5) DISCLOSURE OF REASONS FOR DETERMINA- United States; and to lie on the table. TION.— (4) encourages the people of the United SA 3920. Mr. HARKIN (for himself, Mr. (A) STATEMENT.—Following an affirmative States to observe National Nursing Home GRASSLEY, Mr. NELSON of Nebraska, Mr. determination by the Council with respect to Week with appropriate ceremonies and ac- JOHANNS, and Mr. LEAHY) submitted an any nonbank financial company that is reg- tivities. amendment intended to be proposed by him istered pursuant to the Investment Company to the bill S. 3217, supra; which was ordered f Act of 1940, the primary financial regulatory to lie on the table. agency may request the Council to provide a AMENDMENTS SUBMITTED AND SA 3921. Mr. BROWNBACK submitted an detailed statement of— PROPOSED amendment intended to be proposed to (i) reasons for the determination by the amendment SA 3739 proposed by Mr. REID SA 3910. Mr. PRYOR submitted an amend- Council that material financial distress at (for Mr. DODD (for himself and Mrs. LINCOLN)) ment intended to be proposed to amendment that particular company would pose a threat to the bill S. 3217, supra; which was ordered SA 3739 proposed by Mr. REID (for Mr. DODD to the financial stability of the United to lie on the table. (for himself and Mrs. LINCOLN)) to the bill S. States; and 3217, to promote the financial stability of the f (ii) why prudential regulation by the pri- United States by improving accountability TEXT OF AMENDMENTS mary financial regulatory agency would be and transparency in the financial system, to inadequate to prevent such a threat. end ‘‘too big to fail’’, to protect the Amer- SA 3910. Mr. PRYOR submitted an (B) REQUESTS FOR RECONSIDERATION.—If the ican taxpayer by ending bailouts, to protect amendment intended to be proposed to primary financial regulatory agency dis- consumers from abusive financial services amendment SA 3739 proposed by Mr. agrees with the detailed statement of rea- practices, and for other purposes; which was REID (for Mr. DODD (for himself and sons provided under subparagraph (A), the ordered to lie on the table. Mrs. LINCOLN)) to the bill S. 3217, to agency may request the Council to recon- SA 3911. Mr. CASEY submitted an amend- promote the financial stability of the sider its determination, or may propose its ment intended to be proposed to amendment own prudential standards to address the con- SA 3739 proposed by Mr. REID (for Mr. DODD United States by improving account- cerns identified in the statement of reasons (for himself and Mrs. LINCOLN)) to the bill S. ability and transparency in the finan- in lieu of prudential standards imposed by 3217, supra; which was ordered to lie on the cial system, to end ‘‘too big to fail’’, to the Board of Governors, which prudential table. protect the American taxpayer by end- standards the Council shall accept, unless it SA 3912. Mr. WHITEHOUSE (for Ms. CANT- ing bailouts, to protect consumers determines, by a vote of not fewer than 2/3 of WELL) proposed an amendment to the bill from abusive financial services prac- the members then serving, including an af- H.R. 3619, to authorize appropriations for the tices, and for other purposes; which firmative vote by the Chairperson, that such Coast Guard for fiscal year 2010, and for was ordered to lie on the table; as fol- prudential standards would be inadequate to other purposes. prevent such a threat. lows: SA 3913. Mr. WHITEHOUSE (for Mr. On page 40, line 23, insert after ‘‘company,’’ GREGG) proposed an amendment to the reso- On page 1013, line 18, strike ‘‘and’’ and all the following: ‘‘including all procedures lution S. Res. 480, condemning the continued that follows through line 20 and insert the under subsection (e)(5),’’. detention of Burmese democracy leader Daw following: Aung San Suu Kyi and calling on the mili- ‘‘(ii) a description of any internal review of tary regime in Burma to permit a credible rating procedures and methodologies con- SA 3912. Mr. WHITEHOUSE (for Ms. and fair election process and the transition ducted by the nationally recognized statis- CANTWELL) proposed an amendment to to civilian, democratic rule. tical rating organization; and the bill H.R. 3619, to authorize appro- SA 3914. Mr. CHAMBLISS submitted an ‘‘(iii) an evaluation of how well the nation- priations for the Coast Guard for fiscal amendment intended to be proposed to ally recognized statistical rating organiza- year 2010, and for other purposes; as amendment SA 3739 proposed by Mr. REID tion adheres to the rating procedures and follows: (for Mr. DODD (for himself and Mrs. LINCOLN)) methodologies of the nationally recognized to the bill S. 3217, to promote the financial statistical rating organization; Strike out all after the enacting clause and stability of the United States by improving ‘‘(iv) a narrative response agreeing or dis- insert the following: accountability and transparency in the fi- agreeing with the results of the most recent SECTION 1. SHORT TITLE. nancial system, to end ‘‘too big to fail’’, to annual examination of the nationally recog- This Act may be cited as the ‘‘Coast Guard protect the American taxpayer by ending nized statistical rating organization carried Authorization Act for Fiscal Years 2010 and bailouts, to protect consumers from abusive out by the Commission under subsection 2011’’. (p)(3); and financial services practices, and for other SEC. 2. TABLE OF CONTENTS. purposes; which was ordered to lie on the ‘‘(v) a certification that the report is accu- table. rate and complete. The table of contents for this Act is as fol- SA 3915. Mr. CHAMBLISS submitted an On page 1016, line 18, strike ‘‘and’’ and all lows: amendment intended to be proposed to that follows through line 23 and insert the Sec. 1. Short title. amendment SA 3739 proposed by Mr. REID following: Sec. 2. Table of contents. (for Mr. DODD (for himself and Mrs. LINCOLN)) ‘‘(viii) the policies of the nationally recog- TITLE I—AUTHORIZATIONS to the bill S. 3217, supra; which was ordered nized statistical rating organization gov- to lie on the table. erning the post-employment activities of Sec. 101. Authorization of appropriations. SA 3916. Mr. CHAMBLISS submitted an former staff of the nationally recognized sta- Sec. 102. Authorized levels of military amendment intended to be proposed to tistical rating organization; and strength and training.

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Cooperative agreements for indus- Sec. 804. Olympic coast national marine 2011. (b) MILITARY TRAINING STUDENT LOADS.— trial activities. sanctuary. The Coast Guard is authorized average mili- Sec. 204. Defining Coast Guard vessels and Sec. 805. Prevention of small oil spills. aircraft. Sec. 806. Improved coordination with tribal tary training student loads as follows: (1) For recruit and special training, 2,500 TITLE III—ORGANIZATION governments. Sec. 807. Report on availability of tech- student years for fiscal year 2010, and 2,625 Sec. 301. Vice commandant; vice admirals. nology to detect the loss of oil. student years for fiscal year 2011. Sec. 302. Number and distribution of com- Sec. 808. Use of oil spill liability trust fund. (2) For flight training, 170 student years missioned officers on the active Sec. 809. International efforts on enforce- for fiscal year 2010 and 179 student years for duty promotion list. ment. fiscal year 2011. TITLE IV—PERSONNEL Sec. 810. Higher volume port area regulatory (3) For professional training in military Sec. 401. Leave retention authority. definition change. and civilian institutions, 350 student years Sec. 402. Legal assistance for Coast Guard Sec. 811. Tug escorts for laden oil tankers. for fiscal year 2010 and 368 student years for reservists. Sec. 812. Extension of financial responsi- fiscal year 2011. Sec. 403. Reimbursement for certain medical bility. (4) For officer acquisition, 1,300 student related expenses. Sec. 813. Oil spill liability trust fund invest- years for fiscal year 2010 and 1,365 student Sec. 404. Reserve commissioned warrant of- ment amount. years for fiscal year 2011. ficer to lieutenant program. Sec. 814. Liability for use of single-hull ves- TITLE II—ADMINISTRATION Sec. 405. Enhanced status quo officer pro- sels. SEC. 201. AUTHORITY TO DISTRIBUTE FUNDS motion system. TITLE IX—MISCELLANEOUS PROVISIONS THROUGH GRANTS, COOPERATIVE Sec. 406. Appointment of civilian Coast Sec. 901. Vessel determination. AGREEMENTS, AND CONTRACTS TO Guard judges. MARITIME AUTHORITIES AND ORGA- Sec. 902. Conveyance of the Presque Isle NIZATIONS. Sec. 407. Coast Guard participation in the Light Station Fresnel Lens to Armed Forces Retirement Section 149 of title 14, United States Code, Presque Isle Township, Michi- is amended by adding at the end the fol- Home system. gan. Sec. 408. Crew wages on passenger vessels. lowing: Sec. 903. Land conveyance, Coast Guard ‘‘(c) GRANTS TO INTERNATIONAL MARITIME Sec. 409. Protection and fair treatment of property in Marquette County, ORGANIZATIONS.—The Commandant may, seafarers. Michigan, to the city of Mar- after consultation with the Secretary of TITLE V—ACQUISITION REFORM quette, Michigan. State, make grants to, or enter into coopera- Sec. 501. Chief Acquisition Officer. Sec. 904. Offshore supply vessels. tive agreements, contracts, or other agree- Sec. 502. Acquisitions. Sec. 905. Assessment of certain aids to navi- ments with, international maritime organi- gation and traffic flow. ‘‘CHAPTER 15—ACQUISITIONS zations for the purpose of acquiring informa- Sec. 906. Alternative licensing program for tion or data about merchant vessel inspec- ‘‘SUBCHAPTER 1—GENERAL PROVISIONS operators of uninspected pas- tions, security, safety and environmental re- ‘‘Sec. senger vessels on Lake Texoma quirements, classification, and port state or ‘‘561. Acquisition directorate in Texas and Oklahoma. flag state law enforcement or oversight.’’. ‘‘562. Senior acquisition leadership TITLE X—BUDGETARY EFFECTS SEC. 202. ASSISTANCE TO FOREIGN GOVERN- team Sec. 1001. Budgetary effects. MENTS AND MARITIME AUTHORI- ‘‘563. Improvements in Coast Guard ac- TIES. quisition management TITLE I—AUTHORIZATIONS Section 149 of title 14, United States Code, ‘‘564. Recognition of Coast Guard per- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. as amended by section 201, is further amend- sonnel for excellence in acquisi- Funds are authorized to be appropriated ed by adding at the end the following: tion for necessary expenses of the Coast Guard for ‘‘(d) AUTHORIZED ACTIVITIES.— ‘‘565. Prohibition on use of lead sys- each of fiscal years 2010 and 2011 as follows: ‘‘(1) The Commandant may transfer or ex- tems integrators (1) For the operation and maintenance of pend funds from any appropriation available ‘‘566. Required contract terms the Coast Guard, $6,556,188,000, of which to the Coast Guard for— ‘‘567. Department of Defense consulta- $24,500,000 is authorized to be derived from ‘‘(A) the activities of traveling contact tion the Oil Spill Liability Trust Fund to carry teams, including any transportation expense, ‘‘568. Undefinitized contractual actions out the purposes of section 1012(a)(5) of the translation services expense, or administra- ‘‘SUBCHAPTER 2—IMPROVED ACQUISITION Oil Pollution Act of 1990. tive expense that is related to such activi- PROCESS AND PROCEDURES (2) For the acquisition, construction, ren- ties; ‘‘Sec. ovation, and improvement of aids to naviga- ‘‘(B) the activities of maritime authority ‘‘571. Identification of major system tion, shore and offshore facilities, vessels, liaison teams of foreign governments mak- acquisitions and aircraft, including equipment related ing reciprocal visits to Coast Guard units, ‘‘572. Acquisition thereto, $1,383,980,000, of which $20,000,000 including any transportation expense, trans- ‘‘573. Preliminary development and shall be derived from the Oil Spill Liability lation services expense, or administrative demonstration Trust Fund to carry out the purposes of sec- expense that is related to such activities; ‘‘574. Acquisition, production, deploy- tion 1012(a)(5) of the Oil Pollution Act of ‘‘(C) seminars and conferences involving ment, and support 1990, to remain available until expended; members of maritime authorities of foreign ‘‘575. Acquisition program baseline such funds appropriated for personnel com- governments; breach pensation and benefits and related costs of ‘‘(D) distribution of publications pertinent acquisition, construction, and improvements to engagement with maritime authorities of ‘‘SUBCHAPTER 3—DEFINITIONS shall be available for procurement of serv- foreign governments; and ‘‘Sec. ices necessary to carry out the Integrated ‘‘(E) personnel expenses for Coast Guard ci- ‘‘581. Definitions’’ Deepwater Systems program. vilian and military personnel to the extent Sec. 503. Report and guidance on excess (3) For retired pay (including the payment that those expenses relate to participation in pass-through charges. of obligations otherwise chargeable to lapsed an activity described in subparagraph (C) or TITLE VI—SHIPPING AND NAVIGATION appropriations for this purpose), payments (D). under the Retired Serviceman’s Family Pro- ‘‘(2) An activity may not be conducted Sec. 601. Technical amendments to chapter tection and Survivor Benefit Plans, and pay- under this subsection with a foreign country 313 of title 46, United States ments for medical care of retired personnel unless the Secretary of State approves the Code. and their dependents under chapter 55 of conduct of such activity in that foreign Sec. 602. Clarification of rulemaking author- title 10, United States Code, $1,361,245,000. country.’’. ity. (4) For environmental compliance and res- Sec. 603. Icebreakers. SEC. 203. COOPERATIVE AGREEMENTS FOR IN- toration functions under chapter 19 of title DUSTRIAL ACTIVITIES. Sec. 604. Phaseout of vessels supporting oil 14, United States Code, $13,198,000. Section 151 of title 14, United States Code, and gas development. (5) For research, development, test, and is amended— TITLE VII—VESSEL CONVEYANCE evaluation programs related to maritime (1) by inserting ‘‘(a) IN GENERAL.—’’ before Sec. 701. Short title. technology, $19,745,000. ‘‘All orders’’; and

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(2) by adding at the end the following: and ending on the day before the officer’s re- (h) TECHNICAL CORRECTION.—Section 47 of ‘‘(b) ORDERS AND AGREEMENTS FOR INDUS- tirement, but not for more than 60 days. such title is further amended by striking TRIAL ACTIVITIES.—Under this section, the ‘‘(c)(1) An appointment of an officer under ‘‘subsection’’ in the fifth sentence and in- Coast Guard industrial activities may accept subsection (a) does not vacate the permanent serting ‘‘section’’. orders and enter into reimbursable agree- grade held by the officer. (i) TREATMENT OF INCUMBENTS; TRANSI- ments with establishments, agencies, and de- ‘‘(2) An officer serving in a grade above TION.— partments of the Department of Defense and rear admiral who holds the permanent grade (1) Notwithstanding any other provision of the Department of Homeland Security.’’. of rear admiral (lower half) shall be consid- law, the officer who, on the date of enact- SEC. 204. DEFINING COAST GUARD VESSELS AND ered for promotion to the permanent grade ment of this Act, is serving as Vice Com- AIRCRAFT. of rear admiral as if the officer was serving mandant— (a) IN GENERAL.—Chapter 17 of title 14, in the officer’s permanent grade. (A) shall continue to serve as Vice Com- United States Code, is amended by inserting ‘‘(d) Whenever a vacancy occurs in a posi- mandant; after section 638 the following new section: tion designated under subsection (a), the (B) shall have the grade of admiral with ‘‘§ 638a. Coast Guard vessels and aircraft de- Commandant shall inform the President of pay and allowances of that grade; and fined the qualifications needed by an officer serv- (C) shall not be required to be reappointed ‘‘For the purposes of sections 637 and 638 of ing in that position or office to carry out ef- by reason of the enactment of that Act. this title, the term Coast Guard vessels and fectively the duties and responsibilities of (2) Notwithstanding any other provision of aircraft means— that position or office.’’. law, an officer who, on the date of enactment ‘‘(1) any vessel or aircraft owned, leased, (c) REPEAL.—Section 50a of such title is re- of this Act, is serving as Chief of Staff, Com- transferred to, or operated by the Coast pealed. mander, Atlantic Area, or Commander, Pa- Guard and under the command of a Coast (d) CONFORMING AMENDMENTS.—Section 51 cific Area— Guard member; or of such title is amended— (A) shall continue to have the grade of vice ‘‘(2) any other vessel or aircraft under the (1) by striking subsections (a), (b), and (c) admiral with pay and allowance of that tactical control of the Coast Guard on which and inserting the following: grade until such time that the officer is re- one or more members of the Coast Guard are ‘‘(a) An officer, other than the Com- lieved of his duties and appointed and con- assigned and conducting Coast Guard mis- mandant, who, while serving in the grade of firmed to another position as a vice admiral sions.’’. admiral or vice admiral, is retired for phys- or admiral; or (b) CLERICAL AMENDMENT.—The table of ical disability shall be placed on the retired (B) for the purposes of transition, may con- contents for chapter 17 of such title is list with the highest grade in which that of- tinue at the grade of vice admiral with pay amended by inserting after the item relating ficer served. and allowance of that grade, for not more to section 638 the following: ‘‘(b) An officer, other than the Com- than 1 year after the date of enactment of mandant, who is retired while serving in the this Act, to perform the duties of the offi- ‘‘638a. Coast Guard vessels and aircraft de- grade of admiral or vice admiral, or who, cer’s former position and any other such du- fined.’’. after serving at least 21⁄2 years in the grade ties that the Commandant prescribes. TITLE III—ORGANIZATION of admiral or vice admiral, is retired while SEC. 302. NUMBER AND DISTRIBUTION OF COM- SEC. 301. VICE COMMANDANT; VICE ADMIRALS. serving in a lower grade, may in the discre- MISSIONED OFFICERS ON THE AC- (a) VICE COMMANDANT.— tion of the President, be retired with the TIVE DUTY PROMOTION LIST. (1) Section 41 of title 14, United States highest grade in which that officer served. (a) IN GENERAL.—Section 42 of title 14, Code, is amended by striking ‘‘an admiral,’’ ‘‘(c) An officer, other than the Com- United States Code, is amended— and inserting ‘‘admirals,’’. mandant, who, after serving less than 21⁄2 (1) by striking subsections (a), (b), and (c) (2) The fourth sentence of section 47 of years in the grade of admiral or vice admi- and inserting the following: title 14, United States Code, is amended by ral, is retired while serving in a lower grade, ‘‘(a) The total number of Coast Guard com- striking ‘‘vice admiral’’ and inserting ‘‘admi- shall be retired in his permanent grade.’’; missioned officers on the active duty pro- ral’’. and motion list, excluding warrant officers, shall (b) VICE ADMIRALS.—Section 50 of such (2) by striking ‘‘Area Commander, or Chief not exceed 7,200. This total number may be title is amended to read as follows: of Staff’’ in subsection (d)(2) and inserting temporarily increased up to 2 percent for no ‘‘§ 50. Vice admirals ‘‘or Vice Admiral’’. more than the 60 days that follow the com- ‘‘(a)(1) The President may designate no (e) CONTINUITY OF GRADE.—Section 52 of missioning of a Coast Guard Academy class. more than 4 positions of importance and re- title 14, United States Code, is amended by ‘‘(b) The total number of commissioned of- sponsibility that shall be held by officers inserting ‘‘or admiral’’ after ‘‘vice admiral’’ ficers authorized by this section shall be dis- who— the first place it appears. tributed in grade not to exceed the following ‘‘(A) while so serving, shall have the grade (f) CONTINUATION ON ACTIVE DUTY.—The percentages: of vice admiral, with the pay and allowances second sentence of section 290(a) of title 14, ‘‘(1) 0.375 percent for rear admiral. of that grade; and United States Code, is amended to read as ‘‘(2) 0.375 percent for rear admiral (lower ‘‘(B) shall perform such duties as the Com- follows: ‘‘Officers, other than the Com- half). mandant may prescribe. mandant, serving for the time being or who ‘‘(3) 6.0 percent for captain. ‘‘(2) The President may appoint, by and have served in the grade of vice admiral or ‘‘(4) 15.0 percent for commander. with the advice and consent of the Senate, admiral are not subject to consideration for ‘‘(5) 22.0 percent for lieutenant commander. and reappoint, by and with the advice and continuation under this subsection, and as to The Secretary shall prescribe the percent- consent of the Senate, to any such position all other provisions of this section shall be ages applicable to the grades of lieutenant, an officer of the Coast Guard who is serving considered as having been continued at the lieutenant (junior grade), and ensign. The on active duty above the grade of captain. grade of rear admiral.’’. Secretary may, as the needs of the Coast The Commandant shall make recommenda- (g) CLERICAL AMENDMENTS.— Guard require, reduce any of the percentages tions for such appointments. (1) The section caption for section 47 of set forth in paragraphs (1) through (5) and ‘‘(b)(1) The appointment and the grade of such title is amended to read as follows: apply that total percentage reduction to any vice admiral shall be effective on the date ‘‘§ 47. Vice commandant; appointment’’. other lower grade or combination of lower the officer assumes that duty and, except as (2) The section caption for section 52 of grades. provided in paragraph (2) of this subsection title 14, United States Code, is amended to ‘‘(c) The Secretary shall, at least once a or in section 51(d) of this title, shall termi- read as follows: year, compute the total number of commis- nate on the date the officer is detached from sioned officers authorized to serve in each ‘‘§ 52. Vice admirals and admiral, continuity that duty. grade by applying the grade distribution per- of grade’’. ‘‘(2) An officer who is appointed to a posi- centages of this section to the total number tion designated under subsection (a) shall (3) The table of contents for chapter 3 of of commissioned officers listed on the cur- continue to hold the grade of vice admiral— such title is amended— rent active duty promotion list. In making ‘‘(A) while under orders transferring the of- (A) by striking the item relating to section such calculations, any fraction shall be ficer to another position designated under 47 and inserting the following: rounded to the nearest whole number. The subsection (a), beginning on the date the of- ‘‘47. Vice Commandant; appointment.’’; number of commissioned officers on the ac- ficer is detached from that duty and termi- (B) by striking the item relating to section tive duty promotion list serving with other nating on the date before the day the officer 50a; departments or agencies on a reimbursable assumes the subsequent duty, but not for (C) by striking the item relating to section basis or excluded under the provisions of sec- more than 60 days; 50 and inserting the following: tion 324(d) of title 49, shall not be counted ‘‘(B) while hospitalized, beginning on the against the total number of commissioned ‘‘50. Vice admirals.’’; and day of the hospitalization and ending on the officers authorized to serve in each grade.’’; day the officer is discharged from the hos- (D) by striking the item relating to section (2) by striking subsection (e) and inserting pital, but not for more than 180 days; and 52 and inserting the following: the following: ‘‘(C) while awaiting retirement, beginning ‘‘52. Vice admirals and admiral, continuity of ‘‘(e) The number of officers authorized to on the date the officer is detached from duty grade.’’. be serving on active duty in each grade of

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Home Board’’ in subsection (b) and inserting training the reserve components shall be pre- (a) Section 253(a) of title 14, United States ‘‘Chief Operating Officer of the Armed scribed by the Secretary.’’; and Code, is amended— Forces Retirement Home’’; and (3) by striking the caption of such section (1) by inserting ‘‘and’’ after ‘‘considered,’’; (C) by striking subsection (c). and inserting the following: and (2) Section 1007(i) of title 37, United States ‘‘§ 42. Number and distribution of commis- (2) by striking ‘‘consideration, and the Code, is amended— sioned officers on the active duty pro- number of officers the board may rec- (A) by striking ‘‘Armed Forces Retirement motion list’’. ommend for promotion’’ and inserting ‘‘con- Home Board,’’ in paragraph (3) and inserting ‘‘Chief Operating Officer of the Armed (b) CLERICAL AMENDMENT.—The table of sideration’’. contents for chapter 3 of such title is amend- (b) Section 258 of such title is amended— Forces Retirement Home,’’; and ed by striking the item relating to section 42 (1) by inserting ‘‘(a)’’ before ‘‘The Sec- (B) by striking ‘‘does not include the Coast and inserting the following: retary’’; and Guard when it is not operating as a service (2) by adding at the end the following: of the Navy.’’ in paragraph (4) and inserting ‘‘42. Number and distribution of commis- ‘‘(b) In addition to the information pro- ‘‘has the meaning given such term in section sioned officers on the active vided pursuant to subsection (a), the Sec- 101(4) of title 10.’’. duty promotion list’’. retary may furnish the selection board— (c) EFFECTIVE DATE.—The amendments TITLE IV—PERSONNEL ‘‘(1) specific direction relating to the needs made by this section shall take effect on the SEC. 401. LEAVE RETENTION AUTHORITY. of the service for officers having particular first day of the first pay period beginning on Section 701(f)(2) of title 10, United States skills, including direction relating to the or after January 1, 2010. Code, is amended by inserting ‘‘or a declara- need for a minimum number of officers with SEC. 408. CREW WAGES ON PASSENGER VESSELS. tion of a major disaster or emergency by the particular skills within a specialty; and (a) FOREIGN AND INTERCOASTAL VOYAGES.— President under the Robert T. Stafford Dis- ‘‘(2) such other guidance that the Sec- (1) CAP ON PENALTY WAGES.—Section aster Relief and Emergency Assistance Act retary believes may be necessary to enable 10313(g) of title 46, United States Code, is (Public Law 93–288, 42 U.S.C. 5121 et seq.)’’ the board to properly perform its functions. amended— after ‘‘operation’’. Selections made based on the direction and (A) by striking ‘‘When’’ and inserting ‘‘(1) SEC. 402. LEGAL ASSISTANCE FOR COAST GUARD guidance provided under this subsection Subject to paragraph (2), when’’; and RESERVISTS. shall not exceed the maximum percentage of (B) by adding at the end the following: Section 1044(a)(4) of title 10, United States officers who may be selected from below the ‘‘(2) The total amount required to be paid Code, is amended— announced promotion zone at any given se- under paragraph (1) with respect to all (1) by striking ‘‘(as determined by the Sec- lection board convened under section 251 of claims in a class action suit by seamen on a retary of Defense),’’ and inserting ‘‘(as deter- this title.’’. passenger vessel capable of carrying more mined by the Secretary of Defense and the (c) Section 259(a) of such title is amended than 500 passengers for wages under this sec- Secretary of the department in which the by striking ‘‘board’’ the second place it ap- tion against a vessel master, owner, or oper- Coast Guard is operating, with respect to the pears and inserting ‘‘board, giving due con- ator or the employer of the seamen shall not Coast Guard when it is not operating as a sideration to the needs of the service for offi- exceed 10 times the unpaid wages that are service of the Navy),’’; and cers with particular skills so noted in the the subject of the claims. (2) by striking ‘‘prescribed by the Sec- specific direction furnished pursuant to sec- ‘‘(3) A class action suit for wages under retary of Defense,’’ and inserting ‘‘prescribed tion 258 of this title,’’. this subsection must be commenced within 3 by Secretary of Defense and the Secretary of (d) Section 260(b) of such title is amended years after the later of— the department in which the Coast Guard is by inserting ‘‘to meet the needs of the serv- ‘‘(A) the date of the end of the last voyage operating, with respect to the Coast Guard ice (as noted in the specific direction fur- for which the wages are claimed; or when it is not operating as a service of the nished the board under section 258 of this ‘‘(B) the receipt, by a seaman who is a Navy,’’. title)’’ after ‘‘qualified for promotion’’. claimant in the suit, of a payment of wages SEC. 403. REIMBURSEMENT FOR CERTAIN MED- SEC. 406. APPOINTMENT OF CIVILIAN COAST that are the subject of the suit that is made ICAL-RELATED TRAVEL EXPENSES. GUARD JUDGES. in the ordinary course of employment.’’. Section 1074i(a) of title 10, United States Section 875 of the Homeland Security Act (2) DEPOSITS.—Section 10315 of such title is Code, is amended— of 2002 (6 U.S.C. 455) is amended— amended by adding at the end the following: (1) by striking ‘‘IN GENERAL.—In’’ and in- (1) by redesignating subsection (c) as sub- ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By serting ‘‘IN GENERAL.—(1) In’’; and section (d); and written request signed by the seaman, a sea- (2) by adding at the end the following: (2) by inserting after subsection (b) the fol- man employed on a passenger vessel capable ‘‘(2) In any case in which a covered bene- lowing: of carrying more than 500 passengers may ficiary resides on an INCONUS island that ‘‘(c) APPOINTMENT OF JUDGES.—The Sec- authorize the master, owner, or operator of lacks public access roads to the mainland retary may appoint civilian employees of the the vessel, or the employer of the seaman, to and is referred by a primary care physician Department of Homeland Security as appel- make deposits of wages of the seaman into a to a specialty care provider on the mainland late military judges, available for assign- checking, savings, investment, or retirement who provides services less than 100 miles ment to the Coast Guard Court of Criminal account, or other account to secure a payroll from the location in which the beneficiary Appeals as provided for in section 866(a) of or debit card for the seaman if— resides, the Secretary shall reimburse the title 10, United States Code.’’. ‘‘(1) the wages designated by the seaman reasonable travel expenses of the covered SEC. 407. COAST GUARD PARTICIPATION IN THE for such deposit are deposited in a United beneficiary, and, when accompaniment by an ARMED FORCES RETIREMENT HOME States or international financial institution adult is necessary, for a parent or guardian SYSTEM. designated by the seaman; of the covered beneficiary or another mem- (a) ELIGIBILITY UNDER THE ARMED FORCES ‘‘(2) such deposits in the financial institu- ber of the covered beneficiary’s family who RETIREMENT HOME ACT.—Section 1502 of the tion are fully guaranteed under commonly is at least 21 years of age.’’. Armed Forces Retirement Home Act of 1991 accepted international standards by the gov- SEC. 404. RESERVE COMMISSIONED WARRANT (24 U.S.C. 401) is amended— ernment of the country in which the finan- OFFICER TO LIEUTENANT PRO- (1) by striking ‘‘does not include the Coast cial institution is licensed; GRAM. Guard when it is not operating as a service ‘‘(3) a written wage statement or pay stub, Section 214(a) of title 14, United States of the Navy.’’ in paragraph (4) and inserting including an accounting of any direct de- Code, is amended to read as follows: ‘‘has the meaning given such term in section posit, is delivered to the seaman no less ‘‘(a) The President may appoint temporary 101(4) of title 10.’’; often than monthly; and commissioned officers— (2) by striking ‘‘and’’ in paragraph (5)(C); ‘‘(4) while on board the vessel on which the ‘‘(1) in the Regular Coast Guard in a grade, (3) by striking ‘‘Affairs.’’ in paragraph seaman is employed, the seaman is able to not above lieutenant, appropriate to their (5)(D) and inserting ‘‘Affairs; and’’; arrange for withdrawal of all funds on de- qualifications, experience, and length of (4) by adding at the end of paragraph (5) posit in the account in which the wages are service, as the needs of the Coast Guard may the following: deposited.’’. require, from among the commissioned war- ‘‘(E) the Assistant Commandant of the (b) COASTWISE VOYAGES.— rant officers, warrant officers, and enlisted Coast Guard for Human Resources.’’; and (1) CAP ON PENALTY WAGES.—Section members of the Coast Guard, and from li- (5) by adding at the end of paragraph (6) 10504(c) of such title is amended— censed officers of the United States mer- the following: (A) by striking ‘‘When’’ and inserting ‘‘(1) chant marine; and ‘‘(E) The Master Chief Petty Officer of the Subject to subsection (d), and except as pro- ‘‘(2) in the Coast Guard Reserve in a grade, Coast Guard.’’. vided in paragraph (2), when’’; and not above lieutenant, appropriate to their (b) DEDUCTIONS.— (B) by adding at the end the following: qualifications, experience, and length of (1) Section 2772 of title 10, United States ‘‘(2) The total amount required to be paid service, as the needs of the Coast Guard may Code, is amended— under paragraph (1) with respect to all

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claims in a class action suit by seamen on a ‘‘(5) REPORT REQUIRED.— ‘‘(ii) a criminal penalty is subsequently passenger vessel capable of carrying more ‘‘(A) Except as provided in subparagraph imposed against the shipowner; or than 500 passengers for wages under this sec- (B) of this paragraph, the Secretary shall not ‘‘(B) the shipowner, under any cir- tion against a vessel master, owner, or oper- obligate any amount in the Fund in a given cumstance, abandons a seafarer in the ator or the employer of the seamen shall not fiscal year unless the Secretary has sub- United States, as decided by the Secretary. exceed 10 times the unpaid wages that are mitted to Congress, concurrent with the ‘‘(2) ENFORCEMENT.—If a shipowner fails to the subject of the claims. President’s budget submission for that fiscal reimburse the Fund as required under para- ‘‘(3) A class action suit for wages under year, a report that describes— graph (1) of this subsection, the Secretary this subsection must be commenced within 3 ‘‘(i) the amounts credited to the Fund, pur- may— years after the later of— suant to paragraph (3) of this subsection, for ‘‘(A) proceed in rem against any vessel of ‘‘(A) the date of the end of the last voyage the preceding fiscal year; the shipowner in the Federal district court for which the wages are claimed; or ‘‘(ii) a detailed description of the activities for the district in which such vessel is found; ‘‘(B) the receipt, by a seaman who is a for which amounts were charged; and and claimant in the suit, of a payment of wages ‘‘(iii) the projected level of expenditures ‘‘(B) withhold or revoke the clearance, re- that are the subject of the suit that is made from the Fund for the coming fiscal year, quired by section 60105 of this title, of any in the ordinary course of employment.’’. based on— vessel of the shipowner wherever such vessel (2) DEPOSITS.—Section 10504 of such title is ‘‘(I) on-going activities; and is found. amended by adding at the end the following: ‘‘(II) new cases, derived from historic data. ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By ‘‘(3) Whenever clearance is withheld or re- ‘‘(B) The limitation in subparagraph (A) of written request signed by the seaman, a sea- voked pursuant to paragraph (2)(B) of this this paragraph shall not apply to obligations man employed on a passenger vessel capable subsection, clearance may be granted if the of carrying more than 500 passengers may during the first fiscal year during which shipowner reimburses the Fund the amount authorize the master, owner, or operator of amounts are credited to the Fund. required under paragraph (1) of this sub- the vessel, or the employer of the seaman, to ‘‘(6) FUND MANAGER.—The Secretary shall section. designate a Fund manager, who shall— make deposits of wages of the seaman into a ‘‘(e) SURETY; ENFORCEMENT OF TREATIES, checking, savings, investment, or retirement ‘‘(A) ensure the visibility and account- LAWS, AND REGULATIONS.— account, or other account to secure a payroll ability of transactions utilizing the Fund; ‘‘(1) BOND AND SURETY AUTHORITY.—The or debit card for the seaman if— ‘‘(B) prepare the report required by para- Secretary is authorized to require a bond or ‘‘(1) the wages designated by the seaman graph (5); and surety satisfactory as an alternative to with- for such deposit are deposited in a United ‘‘(C) monitor the unobligated balance of States or international financial institution the Fund and provide notice to the Secretary holding or revoking clearance required under designated by the seaman; and the Attorney General whenever the un- section 60105 of this title if, in the opinion of ‘‘(2) such deposits in the financial institu- obligated balance of the Fund is less than the Secretary, such bond or surety satisfac- tion are fully guaranteed under commonly $5,000,000. tory is necessary to facilitate an investiga- accepted international standards by the gov- ‘‘(c) IN GENERAL.— tion, reporting, documentation, or adjudica- ernment of the country in which the finan- ‘‘(1) AUTHORITY.—The Secretary is author- tion of any matter that is related to the ad- cial institution is licensed; ized— ministration or enforcement of any treaty, ‘‘(3) a written wage statement or pay stub, ‘‘(A) to pay, in whole or in part, without law, or regulation by the Coast Guard if the including an accounting of any direct de- further appropriation and without fiscal year surety corporation providing the bond is au- posit, is delivered to the seaman no less limitation, from amounts in the Fund, nec- thorized by the Secretary of the Treasury often than monthly; and essary support of— under section 9305 of title 31 to provide sur- ‘‘(4) while on board the vessel on which the ‘‘(i) any seafarer who enters, remains, or ety bonds under section 9304 of that title. seaman is employed, the seaman is able to has been paroled into the United States and ‘‘(2) APPLICATION.—The authority to re- arrange for withdrawal of all funds on de- is involved in an investigation, reporting, quire a bond or a surety satisfactory or to re- posit in the account in which the wages are documentation, or adjudication of any mat- quest the withholding or revocation of the deposited.’’. ter that is related to the administration or clearance required under section 60105 of this title applies to any investigation, reporting, SEC. 409. PROTECTION AND FAIR TREATMENT OF enforcement of any treaty, law, or regula- SEAFARERS. tion by the Coast Guard; and documentation, or adjudication of any mat- (a) IN GENERAL.—Chapter 111 of title 46, ‘‘(ii) any seafarer whom the Secretary ter that is related to the administration or United States Code, is amended by adding at finds to have been abandoned in the United enforcement of any treaty, law, or regula- the end the following new section: States; and tion by the Coast Guard. ‘‘§ 11113. Protection and fair treatment of sea- ‘‘(B) to reimburse, in whole or in part, ‘‘(f) DEFINITIONS.—In this section: farers without further appropriation and without ‘‘(1) ABANDONS; ABANDONED.—The term ‘‘(a) PURPOSE.—The purpose of this section fiscal year limitation, from amounts in the ‘abandons’ or ‘abandoned’ means a ship- is to ensure the protection and fair treat- Fund, a shipowner, who has filed a bond or owner’s unilateral severance of ties with a ment of seafarers. surety satisfactory pursuant to subpara- seafarer or the shipowner’s failure to provide ‘‘(b) FUND.— graph (A) and provided necessary support of necessary support of a seafarer. ‘‘(1) ESTABLISHMENT.—There is established a seafarer who has been paroled into the ‘‘(2) BOND OR SURETY SATISFACTORY.—The in the Treasury a special fund known as the United States to facilitate an investigation, term ‘bond or surety satisfactory’ means a ‘Support of Seafarers Fund’. reporting, documentation, or adjudication of negotiated instrument, the terms of which ‘‘(2) USE OF AMOUNTS IN FUND.—The any matter that is related to the administra- may, at the discretion of the Secretary, in- amounts covered into the Fund shall be tion or enforcement of any treaty, law, or clude provisions that require the shipowner available to the Secretary, without further regulation by the Coast Guard, for costs of to— appropriation and without fiscal year limita- necessary support, when the Secretary ‘‘(A) provide necessary support of a sea- tion, to— deems reimbursement necessary to avoid se- farer who has or may have information perti- ‘‘(A) pay necessary support, pursuant to rious injustice. nent to an investigation, reporting, docu- subsection (c)(1)(A) of this section; and ‘‘(2) LIMITATION.—Nothing in this section mentation, or adjudication of any matter ‘‘(B) reimburse a shipowner for necessary shall be construed— that is related to the administration or en- support, pursuant to subsection (c)(1)(B) of ‘‘(A) to create a right, benefit, or entitle- forcement of any treaty, law, or regulation this section. ment to necessary support; or by the Secretary; ‘‘(3) AMOUNTS CREDITED TO FUND.—Notwith- ‘‘(B) to compel the Secretary to pay, or re- ‘‘(B) facilitate an investigation, reporting, standing any other provision of law, the imburse the cost of, necessary support. documentation, or adjudication of any mat- Fund may receive— ‘‘(d) REIMBURSEMENTS; RECOVERY.— ter that is related to the administration or ‘‘(A) any moneys ordered to be paid to the ‘‘(1) IN GENERAL.—Any shipowner shall re- enforcement of any treaty, law, or regula- Fund in the form of community service pur- imburse the Fund an amount equal to the tion by the Secretary; suant to section 3563(b) of title 18; total amount paid from the Fund for nec- ‘‘(C) stipulate to certain incontrovertible ‘‘(B) amounts reimbursed or recovered pur- essary support of the seafarer, plus a sur- facts, including, but not limited to, the own- suant to subsection (d) of this section; charge of 25 percent of such total amount ership or operation of the vessel, or the au- ‘‘(C) amounts appropriated to the Fund if— thenticity of documents and things from the pursuant to subsection (g) of this section; ‘‘(A)(i) the shipowner, during the course of vessel; and an investigation, reporting, documentation, ‘‘(D) facilitate service of correspondence ‘‘(D) appropriations available to the Sec- or adjudication of any matter that the Coast and legal papers; retary for transfer. Guard referred to a United States Attorney ‘‘(E) enter an appearance in United States ‘‘(4) PREREQUISITE FOR COMMUNITY SERVICE or the Attorney General, fails to provide nec- district court; CREDITS.—The Fund may receive credits pur- essary support of a seafarer who has been pa- ‘‘(F) comply with directions regarding pay- suant to paragraph (3)(A) of this subsection roled into the United States to facilitate the ment of funds; only when the unobligated balance of the investigation, reporting, documentation, or ‘‘(G) name an agent in the United States Fund is less than $5,000,000. adjudication; and for service of process;

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‘‘(H) make stipulations as to the authen- ‘‘(c) FUNCTIONS OF THE CHIEF ACQUISITION ‘‘571. Identification of major system acquisi- ticity of certain documents in United States OFFICER.—The functions of the Chief Acqui- tions district court; sition Officer include— ‘‘572. Acquisition ‘‘(I) provide assurances that no discrimina- ‘‘(1) monitoring the performance of pro- ‘‘573. Preliminary development and dem- tory or retaliatory measures will be taken grams and projects on the basis of applicable onstration against a seafarer involved in an investiga- performance measurements and advising the ‘‘574. Acquisition, production, deployment, tion, reporting, documentation, or adjudica- Commandant, through the chain of com- and support tion of any matter that is related to the ad- mand, regarding the appropriate business ‘‘575. Acquisition program baseline breach strategy to achieve the missions of the Coast ministration or enforcement of any treaty, ‘‘SUBCHAPTER 3—DEFINITIONS law, or regulation by the Secretary; Guard; ‘‘Sec. ‘‘(J) provide financial security in the form ‘‘(2) maximizing the use of full and open ‘‘581. Definitions of cash, bond, or other means acceptable to competition at the prime contract and sub- the Secretary; and contract levels in the acquisition of prop- ‘‘SUBCHAPTER 1—GENERAL PROVISIONS ‘‘(K) provide for any other appropriate erty, capabilities, and services by the Coast ‘‘§ 561. Acquisition directorate Guard by establishing policies, procedures, measures as the Secretary considers nec- ‘‘(a) ESTABLISHMENT.—The Commandant of and practices that ensure that the Coast essary to ensure the Government is not prej- the Coast Guard shall establish an acquisi- Guard receives a sufficient number of com- udiced by granting the clearance required by tion directorate to provide guidance and petitive proposals from responsible sources section 60105 of title 46. oversight for the implementation and man- to fulfill the Government’s requirements, in- ‘‘(3) FUND.—The term ‘Fund’ means the agement of all Coast Guard acquisition proc- cluding performance and delivery schedules, Support of Seafarers Fund, established pur- esses, programs, and projects. at the lowest cost or best value considering suant to this section. ‘‘(b) MISSION.—The mission of the acquisi- the nature of the property or service pro- ‘‘(4) NECESSARY SUPPORT.—The term ‘nec- tion directorate is— cured; essary support’ means normal wages, lodg- ‘‘(1) to acquire and deliver assets and sys- ‘‘(3) making acquisition decisions in con- ing, subsistence, clothing, medical care (in- tems that increase operational readiness, en- cluding hospitalization), repatriation, and currence with the technical authority, or technical authorities, as appropriate, of the hance mission performance, and create a safe any other expense the Secretary deems ap- working environment; and propriate. Coast Guard, as designated by the Com- mandant, consistent with all other applica- ‘‘(2) to assist in the development of a work- ‘‘(5) SEAFARER.—The term ‘seafarer’ means force that is trained and qualified to further an alien crewman who is employed or en- ble laws and decisions establishing proce- dures within the Coast Guard; the Coast Guard’s missions and deliver the gaged in any capacity on board a vessel sub- best value products and services to the Na- ject to the jurisdiction of the United States. ‘‘(4) ensuring the use of detailed perform- ance specifications in instances in which per- tion. ‘‘(6) SHIPOWNER.—The term ‘shipowner’ ‘‘§ 562. Senior acquisition leadership team means the individual or entity that owns, formance based contracting is used; has an ownership interest in, or operates a ‘‘(5) managing the direction of acquisition ‘‘(a) ESTABLISHMENT.—The Commandant policy for the Coast Guard, including imple- vessel subject to the jurisdiction of the shall establish a senior acquisition leader- mentation of the unique acquisition policies, United States. ship team within the Coast Guard comprised regulations, and standards of the Coast ‘‘(7) VESSEL SUBJECT TO THE JURISDICTION of— Guard; OF THE UNITED STATES.—The term ‘vessel ‘‘(1) the Vice Commandant; ‘‘(6) developing and maintaining an acqui- subject to the jurisdiction of the United ‘‘(2) the Deputy and Assistant Com- sition career management program in the States’ has the same meaning it has in sec- mandants; Coast Guard to ensure that there is an ade- tion 70502(c) of this title, except that it ex- ‘‘(3) appropriate senior staff members of quate acquisition workforce; cludes a vessel owned or bareboat chartered each Coast Guard directorate; ‘‘(7) assessing the requirements established and operated by the United States, by a ‘‘(4) appropriate senior staff members for for Coast Guard personnel regarding knowl- each assigned field activity or command; and State or political subdivision thereof, or by a edge and skill in acquisition resources and foreign nation, except when that vessel is en- ‘‘(5) any other Coast Guard officer or em- management and the adequacy of such re- ployee designated by the Commandant. gaged in commerce. quirements for facilitating the achievement ‘‘(g) REGULATIONS.—The Secretary may ‘‘(b) FUNCTION.—The senior acquisition of the performance goals established for ac- leadership team shall— prescribe regulations to implement this sec- quisition management; tion. ‘‘(1) meet at the call of the Commandant at ‘‘(8) developing strategies and specific such places and such times as the Com- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— plans for hiring, training, and professional There are authorized to be appropriated to mandant may require; development; and ‘‘(2) provide advice and information on the Fund $1,500,000 for each of fiscal years ‘‘(9) reporting to the Commandant, 2010, 2011, and 2012.’’. operational and performance requirements of through the chain of command, on the the Coast Guard; (b) CLERICAL AMENDMENT.—The chapter progress made in improving acquisition man- ‘‘(3) identify gaps and vulnerabilities in the analysis for chapter 111 of title 46, United agement capability.’’. operational readiness of the Coast Guard; States Code, is amended by adding at the end (b) CLERICAL AMENDMENT.—The table of the following new item: contents for chapter 3 of title 14, United ‘‘(4) make recommendations to the Com- mandant and the Chief Acquisition Officer to ‘‘11113. Protection and fair treatment of sea- States Code, is amended by adding at the end remedy the identified gaps and farers’’. the following: vulnerabilities in the operational readiness ‘‘55. Chief Acquisition Officer’’. TITLE V—ACQUISITION REFORM of the Coast Guard; and SEC. 501. CHIEF ACQUISITION OFFICER. (c) SELECTION DEADLINE.—As soon as prac- ‘‘(5) contribute to the development of a ticable after the date of enactment of this (a) IN GENERAL.—Chapter 3 of title 14, professional, experienced acquisition work- United States Code, is amended by adding at Act, but no later than October 1, 2011, the force by providing acquisition-experience Commandant of the Coast Guard shall select the end the following: tours of duty and educational development a Chief Acquisition Officer under section 55 for officers and employees of the Coast ‘‘§ 55. Chief Acquisition Officer of title 14, United States Code. Guard. ‘‘(a) IN GENERAL.—There shall be in the SEC. 502. ACQUISITIONS. Coast Guard a Chief Acquisition Officer se- (a) IN GENERAL.—Part I of title 14, United ‘‘§ 563. Improvements in Coast Guard acquisi- lected by the Commandant who shall be a States Code, is amended by inserting after tion management Rear Admiral or civilian from the Senior Ex- chapter 13 the following: ‘‘(a) PROJECT AND PROGRAM MANAGERS.— ecutive Service (career reserved). The Chief ‘‘CHAPTER 15. ACQUISITIONS ‘‘(1) PROJECT OR PROGRAM MANAGER DE- Acquisition Officer shall serve at the Assist- ‘‘SUBCHAPTER 1—GENERAL PROVISIONS FINED.—In this section, the term ‘project or ant Commandant level and have acquisition program manager’ means an individual des- ‘‘Sec. management as that individual’s primary ‘‘561. Acquisition directorate ignated— duty. ‘‘562. Senior acquisition leadership team ‘‘(A) to develop, produce, and deploy a new ‘‘(b) QUALIFICATIONS.—The Chief Acquisi- ‘‘563. Improvements in Coast Guard acquisi- asset to meet identified operational require- tion Officer shall be an acquisition profes- tion management ments; and sional with a Level III certification and must ‘‘564. Recognition of Coast Guard personnel ‘‘(B) to manage cost, schedule, and per- have at least 10 years experience in an acqui- for excellence in acquisition formance of the acquisition or project or pro- sition position, of which at least 4 years were ‘‘565. Prohibition on use of lead systems in- gram. spent as— tegrators ‘‘(2) LEVEL 1 PROJECTS.— An individual ‘‘(1) the program executive officer; ‘‘566. Required contract terms may not be assigned as the project or pro- ‘‘(2) the program manager of a Level 1 or ‘‘567. Department of Defense consultation gram manager for a Level 1 acquisition un- Level 2 acquisition project or program; ‘‘568. Undefinitized contractual actions less the individual holds a Level III acquisi- ‘‘(3) the deputy program manager of a ‘‘SUBCHAPTER 2—IMPROVED ACQUISITION tion certification as a program manager. Level 1 or Level 2 acquisition; or PROCESS AND PROCEDURES ‘‘(3) LEVEL 2 PROJECTS.—An individual may ‘‘(4) a combination of such positions. ‘‘Sec. not be assigned as the project or program

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manager for a Level 2 acquisition unless the ‘‘(e) CAREER PATHS.—To establish acquisi- Program, and National Security Cutters 2 individual holds a Level II acquisition cer- tion management as a core competency of and 3 if the Secretary of Homeland Security tification as a program manager. the Coast Guard, the Commandant shall— certifies that— ‘‘(b) GUIDANCE ON TENURE AND ACCOUNT- ‘‘(1) ensure that career paths for officers, ‘‘(A) the acquisition is in accordance with ABILITY OF PROGRAM AND PROJECT MAN- members, and employees of the Coast Guard the Competition in Contracting Act of 1984 AGERS.—Not later than one year after the who wish to pursue careers in acquisition are (41 U.S.C. 251 note), the amendments made date of enactment of the Coast Guard Au- identified in terms of the education, train- by that Act, and the Federal Acquisition thorization Act for Fiscal years 2010 and 2011, ing, experience, and assignments necessary Regulations; and the Commandant shall issue guidance to ad- for career progression of those officers, mem- ‘‘(B) the acquisition and the use of a pri- dress the qualifications, resources, respon- bers, and employees to the most senior posi- vate sector entity as a lead systems inte- sibilities, tenure, and accountability of pro- tions in the acquisition workforce; and grator for the acquisition is in the best in- gram and project managers for the manage- ‘‘(2) publish information on such career terest of the Federal Government. ment of acquisition programs and projects. paths. ‘‘(2) TERMINATION DATE FOR EXCEPTIONS.— The guidance shall address, at a minimum— ‘‘§ 564. Recognition of Coast Guard personnel Except for the modification of delivery or ‘‘(1) the qualifications required for project for excellence in acquisition task orders pursuant to Parts 4 and 42 of the or program managers, including the number ‘‘(a) IN GENERAL.—Not later than 180 days Federal Acquisition Regulations, the Com- of years of acquisition experience and the after the date of enactment of the Coast mandant may not use a private sector entity professional training levels to be required of Guard Authorization Act for Fiscal Years as a lead systems integrator after the earlier those appointed to project or program man- 2010 and 2011, the Commandant shall com- of— agement positions; and mence implementation of a program to rec- ‘‘(A) September 30, 2012; or ‘‘(2) authorities available to project or pro- ognize excellent performance by individuals ‘‘(B) the date on which the Commandant gram managers, including, to the extent ap- and teams comprised of officers, members, certifies in writing to the appropriate con- propriate, the authority to object to the ad- and employees of the Coast Guard that con- gressional committees that the Coast Guard dition of new program requirements that tributed to the long-term success of a Coast has available and can retain sufficient con- would be inconsistent with the parameters Guard acquisition project or program. tracting personnel and expertise within the established for an acquisition program. ‘‘(b) ELEMENTS.—The program shall in- Coast Guard, through an arrangement with ‘‘(c) ACQUISITION WORKFORCE.— clude— other Federal agencies, or through contracts ‘‘(1) IN GENERAL.—The Commandant shall ‘‘(1) specific award categories, criteria, and or other arrangements with private sector designate a sufficient number of positions to eligibility and manners of recognition; entities, to perform the functions and re- be in the Coast Guard’s acquisition work- ‘‘(2) procedures for the nomination by per- sponsibilities of the lead system integrator force to perform acquisition-related func- sonnel of the Coast Guard of individuals and in an efficient and cost-effective manner. tions at Coast Guard headquarters and field teams comprised of officers, members, and ‘‘§ 566. Required contract terms activities. employees of the Coast Guard for recognition ‘‘(a) IN GENERAL.—The Commandant shall ‘‘(2) REQUIRED POSITIONS.—The Com- under the program; and ensure that a contract awarded or a delivery mandant shall ensure that members of the ‘‘(3) procedures for the evaluation of nomi- order or task order issued for an acquisition acquisition workforce have expertise, edu- nations for recognition under the program of a capability or an asset with an expected cation, and training in at least 1 of the fol- by one or more panels of individuals from service life of 10 years and with a total ac- lowing acquisition career fields: the Government, academia, and the private quisition cost that is equal to or exceeds ‘‘(A) Acquisition logistics. sector who have such expertise and are ap- $10,000,000 awarded or issued by the Coast ‘‘(B) Auditing. pointed in such manner as the Commandant Guard after the date of enactment of the ‘‘(C) Business, cost estimating, and finan- shall establish for the purposes of this pro- Coast Guard Authorization Act for Fiscal cial management. gram. Years 2010 and 2011— ‘‘(D) Contracting. ‘‘(c) AWARD OF CASH BONUSES.—As part of ‘‘(1) provides that all certifications for an ‘‘(E) Facilities engineering. the program required by subsection (a), the end-state capability or asset under such con- ‘‘(F) Industrial or contract property man- Commandant, subject to the availability of tract, delivery order, or task order, respec- agement. appropriations, may award to any civilian tively, will be conducted by the Com- ‘‘(G) Information technology. employee recognized pursuant to the pro- mandant or an independent third party, and ‘‘(H) Manufacturing, production, and qual- gram a cash bonus to the extent that the that self-certification by a contractor or sub- ity assurance. performance of such individual so recognized contractor is not allowed; ‘‘(I) Program management. warrants the award of such bonus. ‘‘(2) requires that the Commandant shall ‘‘(J) Purchasing. ‘‘§ 565. Prohibition on use of lead systems in- maintain the authority to establish, ap- ‘‘(K) Science and technology. tegrators prove, and maintain technical requirements; ‘‘(L) Systems planning, research, develop- ‘‘(a) IN GENERAL.— ‘‘(3) requires that any measurement of con- ment, and engineering. ‘‘(1) USE OF LEAD SYSTEMS INTEGRATOR.— tractor and subcontractor performance be ‘‘(M) Test and evaluation. Except as provided in subsection (b), the based on the status of all work performed, ‘‘(3) ACQUISITION WORKFORCE EXPEDITED Commandant may not use a private sector including the extent to which the work per- HIRING AUTHORITY.— entity as a lead systems integrator for an ac- formed met all performance, cost, and sched- ‘‘(A) IN GENERAL.—For purposes of sections quisition contract awarded or delivery order ule requirements; 3304, 5333, and 5753 of title 5, the Com- or task order issued after the date of enact- ‘‘(4) specifies that, for the acquisition or mandant may— ment of the Coast Guard Authorization Act upgrade of air, surface, or shore capabilities ‘‘(i) designate any category of acquisition for Fiscal Years 2010 and 2011. and assets for which compliance with TEM- positions within the Coast Guard as shortage ‘‘(2) FULL AND OPEN COMPETITION.—The PEST certification is a requirement, the category positions; and Commandant and any lead systems inte- standard for determining such compliance ‘‘(ii) use the authorities in such sections to grator engaged by the Coast Guard, pursuant will be the air, surface, or shore standard recruit and appoint highly qualified person to the exceptions described in subsection (b), then used by the Department of the Navy for directly to positions so designated. shall use full and open competition for any that type of capability or asset; and ‘‘(B) LIMITATION.—The Commandant may acquisition contract awarded after the date ‘‘(5) for any contract awarded to acquire an not appoint a person to a position of employ- of enactment of that Act, unless otherwise Offshore Patrol Cutter, includes provisions ment under this paragraph after September excepted in accordance with the Competition specifying the service life, fatigue life, and 30, 2012. in Contracting Act of 1984 (41 U.S.C. 251 days underway in general Atlantic and North ‘‘(d) MANAGEMENT INFORMATION SYSTEM.— note), the amendments made by that Act, Pacific Sea conditions, maximum range, and ‘‘(1) IN GENERAL.—The Commandant shall and the Federal Acquisition Regulations. maximum speed the cutter will be built to establish a management information system ‘‘(3) NO EFFECT ON SMALL BUSINESS ACT.— achieve. capability to improve acquisition workforce Nothing in this subsection shall be construed ‘‘(b) PROHIBITED CONTRACT PROVISIONS.— management and reporting. to supersede or otherwise affect the authori- The Commandant shall ensure that any con- ‘‘(2) INFORMATION MAINTAINED.—Informa- ties provided by and under the Small Busi- tract awarded or delivery order or task order tion maintained with such capability shall ness Act (15 U.S.C. 631 et seq.). issued by the Coast Guard after the date of include the following standardized informa- ‘‘(b) EXCEPTIONS.— enactment of the Coast Guard Authorization tion on individuals assigned to positions in ‘‘(1) NATIONAL DISTRESS AND RESPONSE SYS- Act for Fiscal Years 2010 and 2011 does not the workforce: TEM MODERNIZATION PROGRAM; NATIONAL SE- include any provision allowing for equitable ‘‘(A) Qualifications, assignment history, CURITY CUTTERS 2 AND 3.—Notwithstanding adjustment that is not consistent with the and tenure of those individuals assigned to subsection (a), the Commandant may use a Federal Acquisition Regulations. positions in the acquisition workforce or private sector entity as a lead systems inte- ‘‘(c) INTEGRATED PRODUCT TEAMS.—Inte- holding acquisition-related certifications. grator for the Coast Guard to complete the grated product teams, and all teams that ‘‘(B) Promotion rates for officers and mem- National Distress and Response System Mod- oversee integrated product teams, shall be bers of the Coast Guard in the acquisition ernization Program, the C4ISR projects di- chaired by officers, members, or employees workforce. rectly related to the Integrated Deepwater of the Coast Guard.

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‘‘(d) DEEPWATER TECHNICAL AUTHORITIES.— ‘‘(2) LIMITATION ON OBLIGATIONS.— ‘‘(B) EXCLUSION.—The term ‘undefinitized The Commandant shall maintain or des- ‘‘(A) IN GENERAL.—Except as provided in contractual action’ does not include contrac- ignate the technical authorities to establish, subparagraph (B), the contracting officer for tual actions with respect to— approve, and maintain technical require- an undefinitized contractual action may not ‘‘(i) foreign military sales; ments. Any such designation shall be made obligate under such contractual action an ‘‘(ii) purchases in an amount not in excess in writing and may not be delegated to the amount that exceeds 50 percent of the nego- of the amount of the simplified acquisition authority of the Chief Acquisition Officer es- tiated overall ceiling price until the contrac- threshold; or tablished by section 55 of this title. tual terms, specifications, and price are de- ‘‘(iii) special access programs. ‘‘§ 567. Department of Defense consultation finitized for such contractual action. ‘‘(2) QUALIFYING PROPOSAL.—The term ‘qualifying proposal’ means a proposal that ‘‘(a) IN GENERAL.—The Commandant shall ‘‘(B) EXCEPTION.—Notwithstanding sub- make arrangements as appropriate with the paragraph (A), if a contractor submits a contains sufficient information to enable complete and meaningful audits of the infor- Secretary of Defense for support in con- qualifying proposal to definitize an mation contained in the proposal as deter- tracting and management of Coast Guard ac- undefinitized contractual action before an mined by the contracting officer. quisition programs. The Commandant shall amount that exceeds 50 percent of the nego- also seek opportunities to make use of De- tiated overall ceiling price is obligated on ‘‘SUBCHAPTER 2—IMPROVED ACQUISITION partment of Defense contracts, and contracts such action, the contracting officer for such PROCESS AND PROCEDURES of other appropriate agencies, to obtain the action may not obligate with respect to such ‘‘§ 571. Identification of major system acquisi- best possible price for assets acquired for the contractual action an amount that exceeds tions Coast Guard. 75 percent of the negotiated overall ceiling ‘‘(a) IN GENERAL.— ‘‘(b) INTER-SERVICE TECHNICAL ASSIST- price until the contractual terms, specifica- ‘‘(1) SUPPORT MECHANISMS.—The Com- ANCE.—The Commandant shall seek to enter tions, and price are definitized for such con- mandant shall develop and implement mech- into a memorandum of understanding or a tractual action. anisms to support the establishment of ma- memorandum of agreement with the Sec- ‘‘(3) WAIVER.—The Commandant may waive ture and stable operational requirements for retary of the Navy to obtain the assistance the application of this subsection with re- acquisitions under this subchapter. of the Office of the Assistant Secretary of spect to a contract if the Commandant deter- ‘‘(2) MISSION ANALYSIS; AFFORDABILITY AS- the Navy for Research, Development, and mines that the waiver is necessary to sup- SESSMENT.—The Commandant may not ini- Acquisition, including the Navy Systems port— tiate a Level 1 or Level 2 acquisition project Command, with the oversight of Coast Guard ‘‘(A) a contingency operation (as that term or program until the Commandant— major acquisition programs. The memo- is defined in section 101(a)(13) of title 10); ‘‘(A) completes a mission analysis that— randum of understanding or memorandum of ‘‘(B) operations to prevent or respond to a ‘‘(i) identifies any gaps in capability; and agreement shall, at a minimum, provide transportation security incident (as defined ‘‘(ii) develops a clear mission need; and for— in section 70101(6) of title 46); ‘‘(B) prepares a preliminary affordability ‘‘(1) the exchange of technical assistance ‘‘(C) an operation in response to an emer- assessment for the project or program. and support that the Assistant Com- gency that poses an unacceptable threat to ‘‘(b) ELEMENTS.— mandants for Acquisition, Human Resources, human health or safety or to the marine en- ‘‘(1) REQUIREMENTS.—The mechanisms re- Engineering, and Information technology vironment; or quired by subsection (a) shall ensure the im- may identify; ‘‘(D) an operation in response to a natural plementation of a formal process for the de- ‘‘(2) the use, as appropriate, of Navy tech- disaster or major disaster or emergency des- velopment of a mission-needs statement, nical expertise; and ignated by the President under the Robert T. concept-of-operations document, capability ‘‘(3) the exchange of personnel between the Stafford Disaster Relief and Emergency As- development plan, and resource proposal for Coast Guard and the Office of the Assistant sistance Act (42 U.S.C. 5121 et seq.). the initial project or program funding, and Secretary of the Navy for Research, Develop- ‘‘(4) LIMITATION ON APPLICATION.—This sub- shall ensure the project or program is in- ment, and Acquisition, including Naval Sys- section does not apply to an undefinitized cluded in the Coast Guard Capital Invest- tems Commands, to facilitate the develop- contractual action for the purchase of initial ment Plan. ment of organic capabilities in the Coast spares. ‘‘(2) ASSESSMENT OF TRADE-OFFS.—In con- Guard. ‘‘(d) INCLUSION OF NONURGENT REQUIRE- ducting an affordability assessment under ‘‘(c) TECHNICAL REQUIREMENT APPROVAL MENTS.—Requirements for spare parts and subsection (a)(2)(B), the Commandant shall PROCEDURES.—The Chief Acquisition Officer support equipment that are not needed on an develop and implement mechanisms to en- shall adopt, to the extent practicable, proce- urgent basis may not be included in an sure that trade-offs among cost, schedule, dures modeled after those used by the Navy undefinitized contractual action by the and performance are considered in the estab- Senior Acquisition Official to approve all Coast Guard for spare parts and support lishment of preliminary operational require- technical requirements. equipment that are needed on an urgent ments for development and production of basis unless the Commandant approves such new assets and capabilities for Level 1 and ‘‘§ 568. Undefinitized contractual actions inclusion as being— Level 2 acquisitions projects and programs. ‘‘(a) IN GENERAL.—The Coast Guard may ‘‘(1) good business practice; and ‘‘(c) HUMAN RESOURCE CAPITAL PLANNING.— not enter into an undefinitized contractual ‘‘(2) in the best interests of the United The Commandant shall develop staffing pre- action unless such action is directly ap- States. dictions, define human capital performance proved by the Head of Contracting Activity ‘‘(e) MODIFICATION OF SCOPE.—The scope of initiatives, and identify preliminary training of the Coast Guard. an undefinitized contractual action under needs for any such project or program. ‘‘(b) REQUESTS FOR UNDEFINITIZED CON- which performance has begun may not be ‘‘(d) DHS ACQUISITION APPROVAL.—A Level TRACTUAL ACTIONS.—Any request to the Head modified unless the Commandant approves 1 or Level 2 acquisition project or program of Contracting Activity for approval of an such modification as being— may not be implemented unless it is ap- undefinitized contractual action shall in- ‘‘(1) good business practice; and proved by the Department of Homeland Se- clude a description of the anticipated effect ‘‘(2) in the best interests of the United curity Acquisition Review Board or the on requirements of the Coast Guard if a States. Joint Review Board. delay is incurred for the purposes of deter- ‘‘(f) ALLOWABLE PROFIT.—The Commandant ‘‘§ 572. Acquisition mining contractual terms, specifications, shall ensure that the profit allowed on an ‘‘(a) IN GENERAL.—The Commandant may and price before performance is begun under undefinitized contractual action for which not establish a Level 1 or Level 2 acquisition the contractual action. the final price is negotiated after a substan- project or program approved under section ‘‘(c) REQUIREMENTS FOR UNDEFINITIZED tial portion of the performance required is 571(d) until the Commandant— CONTRACTUAL ACTIONS.— completed reflects— ‘‘(1) clearly defines the operational re- ‘‘(1) DEADLINE FOR AGREEMENT ON TERMS, ‘‘(1) the possible reduced cost risk of the quirements for the project or program; SPECIFICATIONS, AND PRICE.—A contracting contractor with respect to costs incurred ‘‘(2) establishes the feasibility of alter- officer of the Coast Guard may not enter during performance of the contract before natives; into an undefinitized contractual action un- the final price is negotiated; and ‘‘(3) develops an acquisition project or pro- less the contractual action provides for ‘‘(2) the reduced cost risk of the contractor gram baseline; agreement upon contractual terms, speci- with respect to costs incurred during per- ‘‘(4) produces a life-cycle cost estimate; fication, and price by the earlier of— formance of the remaining portion of the and ‘‘(A) the end of the 180-day period begin- contract. ‘‘(5) assesses the relative merits of alter- ning on the date on which the contractor ‘‘(g) DEFINITIONS.—In this section: natives to determine a preferred solution in submits a qualifying proposal to definitize ‘‘(1) UNDEFINITIZED CONTRACTUAL ACTION.— accordance with the requirements of this the contractual terms, specifications, and ‘‘(A) IN GENERAL.—Except as provided in section. price; or subparagraph (B), the term ‘undefinitized ‘‘(b) ANALYSIS OF ALTERNATIVES.— ‘‘(B) the date on which the amount of funds contractual action’ means a new procure- ‘‘(1) IN GENERAL.—The Commandant shall obligated under the contractual action is ment action entered into by the Coast Guard conduct an analysis of alternatives for the equal to more than 50 percent of the nego- for which the contractual terms, specifica- asset or capability to be acquired in an ana- tiated overall ceiling price for the contrac- tions, or price are not agreed upon before lyze and select phase of the acquisition proc- tual action. performance is begun under the action. ess.

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‘‘(2) REQUIREMENTS.—The analysis of alter- ‘‘(E) early operational assessments to be ‘‘(3) To ensure that the product design is natives shall be conducted by a federally performed, if any, and the scope of such as- mature enough to commit to full production funded research and development center, a sessments; and deployment. qualified entity of the Department of De- ‘‘(F) operational test and evaluation ‘‘(b) TESTS AND EVALUATIONS.— fense, or a similar independent third party phases; ‘‘(1) IN GENERAL.—The Commandant shall entity that has appropriate acquisition ex- ‘‘(G) an estimate of the resources, includ- ensure that the Coast Guard conducts devel- pertise and has no substantial financial in- ing funds, that will be required for all test, opmental tests and evaluations and oper- terest in any part of the acquisition project evaluation, assessment, modeling, and sim- ational tests and evaluations of a capability or program that is the subject of the anal- ulation activities; and or asset and the subsystems of the capability ysis. At a minimum, the analysis of alter- ‘‘(H) the Government entity or inde- or asset for which a master plan has been natives shall include— pendent entity that will perform the test, prepared under section 572(c)(1). ‘‘(A) an assessment of the technical matu- evaluation, assessment, modeling, and sim- ‘‘(2) USE OF THIRD PARTIES.—The Com- rity, and technical and other risks; ulation activities. mandant shall ensure that the Coast Guard ‘‘(B) an examination of capability, inter- ‘‘(4) UPDATE.—The Chief Acquisition Offi- uses independent third parties with expertise in testing and evaluating the capabilities or operability, and other disadvantages; cer shall approve an updated master plan assets and the subsystems of the capabilities ‘‘(C) an evaluation of whether different whenever there is a revision to project or or assets being acquired to conduct develop- combinations or quantities of specific assets program test and evaluation strategy, scope, mental tests and evaluations and operational or capabilities could meet the Coast Guard’s or phasing. tests and evaluations whenever the Coast overall performance needs; ‘‘(5) LIMITATION.—The Coast Guard may Guard lacks the capability to conduct the ‘‘(D) a discussion of key assumptions and not— ‘‘(A) proceed beyond that phase of the ac- tests and evaluations required by a master variables, and sensitivity to change in such plan. assumptions and variables; quisition process that entails approving the ‘‘(3) COMMUNICATION OF SAFETY CONCERNS.— ‘‘(E) when an alternative is an existing supporting acquisition of a capability or asset before the master plan is approved by The Commandant shall require that safety asset or prototype, an evaluation of relevant concerns identified during developmental or safety and performance records and costs; the Chief Acquisition Officer; or ‘‘(B) award any production contract for a operational tests and evaluations or through ‘‘(F) a calculation of life-cycle costs in- independent or Government-conducted de- cluding— capability, asset, or subsystem for which a master plan is required under this subsection sign assessments of capabilities or assets and ‘‘(i) an examination of likely research and subsystems of capabilities or assets to be ac- before the master plan is approved by the development costs and the levels of uncer- quired by the Coast Guard shall be commu- Chief Acquisition Officer. tainty associated with such estimated costs; nicated as soon as practicable, but not later ‘‘(d) LIFE-CYCLE COST ESTIMATES.— ‘‘(ii) an examination of likely production than 30 days after the completion of the test ‘‘(1) IN GENERAL.—The Commandant shall and deployment costs and levels of uncer- implement mechanisms to ensure the devel- or assessment event or activity that identi- tainty associated with such estimated costs; opment and regular updating of life-cycle fied the safety concern, to the program man- ‘‘(iii) an examination of likely operating ager for the capability or asset and the sub- cost estimates for each Level 1 or Level 2 ac- and support costs and the levels of uncer- systems concerned and to the Chief Acquisi- quisition to ensure that these estimates are tainty associated with such estimated costs; tion Officer. considered in decisions to develop or produce ‘‘(iv) if they are likely to be significant, an ‘‘(4) ASSET ALREADY IN LOW, INITIAL, OR new or enhanced capabilities and assets. examination of likely disposal costs and the FULL-RATE PRODUCTION.—If operational test ‘‘(2) TYPES OF ESTIMATES.—In addition to levels of uncertainty associated with such and evaluation on a capability or asset al- life-cycle cost estimates that may be devel- estimated costs; and ready in low, initial, or full-rate production oped by acquisition program offices, the identifies a safety concern with the capa- ‘‘(v) such additional measures as the Com- Commandant shall require that an inde- bility or asset or any subsystems of the ca- mandant or the Secretary of Homeland Secu- pendent life-cycle cost estimate be developed rity determines to be necessary for appro- pability or asset not previously identified for each Level 1 or Level 2 acquisition during developmental or operational test and priate evaluation of the asset; and project or program. ‘‘(G) the business case for each viable al- evaluation, the Commandant shall— ‘‘(3) REQUIRED UPDATES.—For each Level 1 ternative. ‘‘(A) notify the program manager and the or Level 2 acquisition project or program the Chief Acquisition Officer of the safety con- ‘‘(c) TEST AND EVALUATION MASTER PLAN.— Commandant shall require that life-cycle cern as soon as practicable, but not later ‘‘(1) IN GENERAL.—For any Level 1 or Level cost estimates shall be updated before each than 30 days after the completion of the test 2 acquisition project or program the Chief milestone decision is concluded and the and evaluation event or activity that identi- Acquisition Officer shall approve a test and project or program enters a new acquisition fied the safety concern; and evaluation master plan specific to the acqui- phase. ‘‘(B) notify the Chief Acquisition Officer ‘‘(e) DHS ACQUISITION APPROVAL.—A sition project or program for the capability, and include in such notification— project or program may not enter the obtain asset, or subsystems of the capability or ‘‘(i) an explanation of the actions that will phase under section 573 unless the Depart- asset and intended to minimize technical, be taken to correct or mitigate the safety ment of Homeland Security Acquisition Re- cost, and schedule risk as early as prac- concern in all capabilities or assets and sub- view Board or the Joint Review Board (or ticable in the development of the project or systems of the capabilities or assets yet to other entity to which such responsibility is program. be produced, and the date by which those ac- delegated by the Secretary of Homeland Se- ‘‘(2) TEST AND EVALUATION STRATEGY.—The tions will be taken; curity) has approved the analysis of alter- master plan shall— ‘‘(ii) an explanation of the actions that will natives for the project. The Joint Review ‘‘(A) set forth an integrated test and eval- be taken to correct or mitigate the safety Board may also approve the low rates initial uation strategy that will verify that capa- concern in previously produced capabilities production quantity for the project or pro- bility-level or asset-level and subsystem- or assets and subsystems of the capabilities gram if such an initial production quantity level design and development, including per- or assets, and the date by which those ac- is planned by the acquisition project or pro- formance and supportability, have been suf- tions will be taken; and gram and deemed appropriate by the Joint ficiently proven before the capability, asset, ‘‘(iii) an assessment of the adequacy of cur- Review Board. or subsystem of the capability or asset is ap- rent funding to correct or mitigate the safe- proved for production; and ‘‘§ 573. Preliminary development and dem- ty concern in capabilities or assets and sub- ‘‘(B) require that adequate developmental onstration systems of the capabilities or assets and in tests and evaluations and operational tests ‘‘(a) IN GENERAL.—The Commandant shall previously produced capabilities or assets and evaluations established under subpara- ensure that developmental test and evalua- and subsystems. graph (A) are performed to inform produc- tion, operational test and evaluation, life ‘‘(c) TECHNICAL CERTIFICATION.— tion decisions. cycle cost estimates, and the development ‘‘(1) IN GENERAL.—The Commandant shall ‘‘(3) OTHER COMPONENTS OF THE MASTER and demonstration requirements are met to ensure that any Level 1 or Level 2 acquisi- PLAN.—At a minimum, the master plan shall confirm that the projects or programs meet tion project or program is certified by the identify— the requirements described in the mission- technical authority of the Coast Guard after ‘‘(A) the key performance parameters to be needs statement and the operational-require- review by an independent third party with resolved through the integrated test and ments document and the following develop- capabilities in the mission area, asset, or evaluation strategy; ment and demonstration objectives: particular asset component. ‘‘(B) critical operational issues to be as- ‘‘(1) To demonstrate that the most prom- ‘‘(2) TEMPEST TESTING.—The Com- sessed in addition to the key performance ising design, manufacturing, and production mandant shall— parameters; solution is based upon a stable, producible, ‘‘(A) cause all electronics on all aircraft, ‘‘(C) specific development test and evalua- and cost-effective product design. surface, and shore assets that require TEM- tion phases and the scope of each phase; ‘‘(2) To ensure that the product capabili- PEST certification and that are delivered ‘‘(D) modeling and simulation activities to ties meet contract specifications, acceptable after the date of enactment of the Coast be performed, if any, and the scope of such operational performance requirements, and Guard Authorization Act for Fiscal Years activities; system security requirements. 2010 and 2011 to be tested in accordance with

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master plan standards and communications ‘‘(6) a remediation plan identifying correc- ‘‘(8) SAFETY CONCERN.—The term ‘safety security standards by an independent third tive actions and any resulting issues or concern’ means any hazard associated with a party that is authorized by the Federal Gov- risks; and capability or asset or a subsystem of a capa- ernment to perform such testing; and ‘‘(7) a description of how progress in the re- bility or asset that is likely to cause serious ‘‘(B) certify that the assets meet all appli- mediation plan will be measured and mon- bodily injury or death to a typical Coast cable TEMPEST requirements. itored. Guard user in testing, maintaining, repair- ‘‘(3) VESSEL CLASSIFICATION.—The Com- ‘‘(c) SUBSTANTIAL VARIANCES IN COSTS OR ing, or operating the capability, asset, or mandant shall cause each cutter, other than SCHEDULE.—If a likely cost overrun is great- subsystem or any hazard associated with the the National Security Cutter, acquired by er than 25 percent or a likely delay is greater capability, asset, or subsystem that is likely the Coast Guard and delivered after the date than 12 months from the costs and schedule to cause major damage to the capability, of enactment of the Coast Guard Authoriza- described in the acquisition program base- asset, or subsystem during the course of its tion Act for Fiscal Years 2010 and 2011 is to line for any Level 1 or Level 2 acquisition normal operation by a typical Coast Guard be classed by the American Bureau of Ship- project or program of the Coast Guard, the user.’’. ping before final acceptance. Commandant shall include in the report a (b) CONFORMING AMENDMENT.—The part ‘‘(d) ACQUISITION DECISION.—The Com- written certification, with a supporting ex- analysis for part I of title 14, United States mandant may not proceed to full scale pro- planation, that— Code, is amended by inserting after the item duction, deployment, and support of a Level ‘‘(1) the capability or asset or capability or relating to chapter 13 the following: asset class to be acquired under the project 1 or Level 2 acquisition project or program ‘‘15. Acquisitions ...... 561’’. unless the Department of Homeland Security or program is essential to the accomplish- ment of Coast Guard missions; SEC. 503. REPORT AND GUIDANCE ON EXCESS Acquisition Review Board has verified that PASS-THROUGH CHARGES. the delivered asset or system meets the ‘‘(2) there are no alternatives to such capa- (a) COMPTROLLER GENERAL REPORT.— project or program performance and cost bility or asset or capability or asset class (1) IN GENERAL.—Not later than 1 year after goals. which will provide equal or greater capa- bility in both a more cost-effective and time- the date of enactment of this Act, the Comp- ‘‘§ 574. Acquisition, production, deployment, ly manner; troller General shall issue a report on pass- and support ‘‘(3) the new acquisition schedule and esti- through charges on contracts, subcontracts, ‘‘(a) IN GENERAL.—The Commandant mates for total acquisition cost are reason- delivery orders, and task orders that were shall— able; and executed by a lead systems integrator under ‘‘(1) ensure there is a stable and efficient ‘‘(4) the management structure for the ac- contract to the Coast Guard during the 3 full production and support capability to develop quisition program is adequate to manage and calendar years preceding the date of enact- an asset or system; control performance, cost, and schedule. ment of this Act. ‘‘(2) conduct follow on testing to confirm ‘‘SUBCHAPTER 3—DEFINITIONS (2) MATTERS COVERED.—The report under and monitor performance and correct defi- this subsection— ‘‘§ 581. Definitions ciencies; and (A) shall assess the extent to which the ‘‘(3) conduct acceptance tests and trails ‘‘In this chapter: Coast Guard paid excessive pass-through ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- upon the delivery of each asset or system to charges to contractors or subcontractors TEES.—The term ‘appropriate congressional ensure the delivered asset or system achieves that provided little or no value to the per- committees’ means the House of Representa- full operational capability. formance of a contract or the production of tives Committee on Transportation and In- ‘‘(b) ELEMENTS.—The Commandant shall— a procured asset; and frastructure and the Senate Committee on ‘‘(1) execute the productions contracts; (B) shall assess the extent to which the Commerce, Science, and Transportation. ‘‘(2) ensure the delivered products meet Coast Guard has been particularly vulner- ‘‘(2) CHIEF ACQUISITION OFFICER.—The term operational cost and schedules requirements able to excessive pass-through charges on ‘Chief Acquisition Officer’ means the officer established in the acquisition program base- any specific category of contracts or by any appointed under section 55 of this title. line; specific category of contractors. ‘‘(3) COMMANDANT.—The term ‘Com- ‘‘(3) validate manpower and training re- (b) GUIDANCE REQUIRED.— mandant’ means the Commandant of the quirements to meet system needs to operate, (1) IN GENERAL.—Not later than 180 days Coast Guard. maintain, support, and instruct the system; after the date of enactment of this Act, the ‘‘(4) JOINT REVIEW BOARD.—The term ‘Joint and Commandant shall prescribe guidance to en- ‘‘(4) prepare a project or program transi- Review Board’ means the Department of Homeland Security’s Investment Review sure that pass-through charges on contracts, tion plan to enter into programmatic subcontracts, delivery orders, and task or- sustainment, operations, and support. Board, Joint Requirements Council, or other entity within the Department designated by ders that are executed with a private entity ‘‘§ 575. Acquisition program baseline breach the Secretary as the Joint Review Board for acting as a lead systems integrator by or on ‘‘(a) IN GENERAL.—The Commandant shall purposes of this chapter. behalf of the Coast Guard are not excessive submit a report to the appropriate congres- ‘‘(5) LEVEL 1 ACQUISITION.—The term ‘Level in relation to the cost of work performed by sional committees as soon as possible, but 1 acquisition’ means— the relevant contractor or subcontractor. not later than 30 days, after the Chief Acqui- ‘‘(A) an acquisition by the Coast Guard— The guidance shall, at a minimum— sition Officer of the Coast Guard becomes ‘‘(i) the estimated life-cycle costs of which (A) set forth clear standards for deter- aware of the breach of an acquisition pro- exceed $1,000,000,000; or mining when no, or negligible, value has gram baseline for any Level 1 or Level 2 ac- ‘‘(ii) the estimated total acquisition costs been added to a contract by a contractor or quisition program, by— of which exceed $300,000,000; or subcontractor; ‘‘(1) a likely cost overrun greater than 15 ‘‘(B) any acquisition that the Chief Acqui- (B) set forth procedures for preventing the percent of the acquisition program baseline sition Officer of the Coast Guard determines payment by the Government of excessive for that individual capability or asset or a to have a special interest— pass-through charges; and class of capabilities or assets; ‘‘(i) due to— (C) identify any exceptions determined by ‘‘(2) a likely delay of more than 180 days in ‘‘(I) the experimental or technically imma- the Commandant to be in the best interest of the delivery schedule for any individual ca- ture nature of the asset; the Government. pability or asset or class of capabilities or ‘‘(II) the technological complexity of the (2) SCOPE OF GUIDANCE.—The guidance pre- assets; or asset; scribed under this subsection— ‘‘(3) an anticipated failure for any indi- ‘‘(III) the commitment of resources; or (A) shall not apply to any firm, fixed-price vidual capability or asset or class of capa- ‘‘(IV) the nature of the capability or set of contract or subcontract, delivery order, or bilities or assets to satisfy any key perform- capabilities to be achieved; or task order that is— ance threshold or parameter under the acqui- ‘‘(ii) because such acquisition is a joint ac- (i) awarded on the basis of adequate price sition program baseline. quisition. competition, as determined by the Com- ‘‘(b) CONTENT.—The report submitted under ‘‘(6) LEVEL 2 ACQUISITION.—The term ‘Level mandant; or subsection (a) shall include— 2 acquisition’ means an acquisition by the (ii) for the acquisition of a commercial ‘‘(1) a detailed description of the breach Coast Guard— item, as defined in section 4(12) of the Office and an explanation of its cause; ‘‘(A) the estimated life-cycle costs of which of Federal Procurement Policy Act (41 U.S.C. ‘‘(2) the projected impact to performance, are equal to or less than $1,000,000,000, but 403(12)); and cost, and schedule; greater than $300,000,000; or (B) may include such additional exceptions ‘‘(3) an updated acquisition program base- ‘‘(B) the estimated total acquisition costs as the Commandant determines to be nec- line and the complete history of changes to of which are equal to or less than essary in the interest of the United States. the original acquisition program baseline; $300,000,0000, but greater than $100,000,000. (c) EXCESSIVE PASS-THROUGH CHARGE DE- ‘‘(4) the updated acquisition schedule and ‘‘(7) LIFE-CYCLE COST.—The term ‘life-cycle FINED.—In this section the term ‘‘excessive the complete history of changes to the origi- cost’ means all costs for development, pro- pass-through charge’’, with respect to a con- nal schedule; curement, construction, and operations and tractor or subcontractor that adds no, or ‘‘(5) a full life-cycle cost analysis for the support for a particular capability or asset, negligible, value to a contract or sub- capability or asset or class of capabilities or without regard to funding source or manage- contract, means a charge to the Government assets; ment control. by the contractor or subcontractor that is

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(B) constructing new polar icebreakers for sonably available and suitable vessels are (d) APPLICATION OF GUIDANCE.—The guid- operation by the Coast Guard, employed in support of such operations; and ance prescribed under this section shall (C) construction of new polar icebreakers ‘‘(2) for an additional 2-year period begin- apply to contracts awarded to a private enti- by the National Science Foundation for oper- ning January 1, 2013, if the Secretary of ty acting as a lead systems integrator by or ation by the Foundation, Transportation determines— on behalf of the Coast Guard on or after the (D) rebuilding, renovating, or improving ‘‘(A) that, as of December 31, 2012, the les- date that is 360 days after the date of enact- the existing fleet of polar icebreakers by the see has entered into a binding agreement to ment of this Act. National Science Foundation for operation employ a suitable vessel or vessels to be doc- TITLE VI—SHIPPING AND NAVIGATION by the Foundation, and umented under such section 12111(d) in suffi- (E) any combination of the activities de- cient numbers and with sufficient suitability SEC. 601. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46, UNITED STATES scribed in subparagraph (A), (B), (C), or (D) to replace any foreign-flag vessel or vessels CODE. to carry out the missions of the Coast Guard operating under this section; and (a) IN GENERAL.—Chapter 313 of title 46, and the National Science Foundation; ‘‘(B) after publishing notice in the Federal United States Code, is amended— (2) conduct an analysis of the impact on Register, that insufficient vessels docu- (1) by striking ‘‘of Transportation’’ in sec- mission capacity and the ability of the mented under such section 12111(d) are rea- tions 31302, 31306, 31321, 31330, and 31343 each United States to maintain a presence in the sonably available and suitable for these sup- place it appears; polar regions through the year 2020 if recapi- port operations and all such reasonably (2) by striking ‘‘and’’ after the semicolon talization of the polar icebreaker fleet, ei- available and suitable vessels are employed in section 31301(5)(F); ther by constructing new polar icebreakers in support of such operations. (3) by striking ‘‘office.’’ in section 31301(6) or rebuilding, renovating, or improving the ‘‘(b) LESSEE DEFINED.—In this section, the and inserting ‘‘office; and’’; and existing fleet of polar icebreakers, is not term ‘lessee’ means the holder of a lease (de- (4) by adding at the end of section 31301 the fully funded; and fined in section 2(c) of the Outer Continental following: (3) conduct a comprehensive analysis of the Shelf Lands Act (43 U.S.C. 1331(c)), who has ‘‘(7) ‘Secretary’ means the Secretary of the impact on all Coast Guard activities, includ- entered into a binding agreement to employ Department of Homeland Security, unless ing operations, maintenance, procurements, a suitable vessel documented or to be docu- otherwise noted.’’. and end strength, of the acquisition of polar mented under section 12111(d) of title 46, (b) SECRETARY AS MORTGAGEE.—Section icebreakers described in paragraph (1) by the United States Code. ‘‘(c) RULE OF CONSTRUCTION.—Nothing in 31308 of such title is amended by striking Coast Guard or the National Science Foun- subsection (a) shall be construed to author- ‘‘When the Secretary of Commerce or Trans- dation assuming that total Coast Guard ize employment in the coastwise trade of a portation is a mortgagee under this chapter, funding will not increase more than the an- vessel that does not meet the requirements the Secretary’’ and inserting ‘‘The Secretary nual rate of inflation. set forth in section 12112 of title 46, United of Commerce or Transportation, as a mort- (b) REPORTS TO CONGRESS.— States Code.’’. gagee under this chapter,’’. (1) Not later than one year and 90 days (c) SECRETARY OF TRANSPORTATION.—Sec- after the date of enactment of this Act or TITLE VII—VESSEL CONVEYANCE tion 31329(d) of such title is amended by the date of completion of the ongoing High SEC. 701. SHORT TITLE. striking ‘‘Secretary.’’ and inserting ‘‘Sec- Latitude Study to assess polar ice-breaking This title may be cited as the ‘‘Vessel Con- retary of Transportation.’’. mission requirements, whichever occurs veyance Act’’. (d) MORTGAGEE.— later, the Commandant of the Coast Guard SEC. 702. CONVEYANCE OF COAST GUARD VES- (1) Section 31330(a)(1) of such title, as shall submit a report containing the results SELS FOR PUBLIC PURPOSES. amended by subsection (a)(1) of this section, of the study, together with recommendations (a) IN GENERAL.—Whenever the transfer of is amended— the Commandant deems appropriate under ownership of a Coast Guard vessel to an eli- (A) by inserting ‘‘or’’ after the semicolon section 93(a)(24) of title 14, United States gible entity for use for educational, cultural, in subparagraph (B); Code, to the Senate Committee on Com- historical, charitable, recreational, or other (B) by striking ‘‘Secretary; or’’ in subpara- merce, Science, and Transportation and the public purposes is authorized by law, the graph (C) and inserting ‘‘Secretary.’’; and House of Representatives Committee on Coast Guard shall transfer the vessel to the (C) by striking subparagraph (D). Transportation and Infrastructure. General Services Administration for convey- (2) Section 31330(a)(2) is amended— (2) Not later than 1 year after the date of ance to the eligible entity. (A) by inserting ‘‘or’’ after the semicolon enactment of this Act, the Commandant (b) CONDITIONS OF CONVEYANCE.—The Gen- in subparagraph (B); shall submit reports containing the results eral Services Administration may not con- (B) by striking ‘‘faith; or’’ in subparagraph of the analyses required under paragraphs (1) vey a vessel to an eligible entity as author- (C) and inserting ‘‘faith.’’; and and (2) of subsection (a), together with rec- ized by law unless the eligible entity (C) by striking subparagraph (D). ommendations the Commandant deems ap- agrees— (1) to provide the documentation needed by SEC. 602. CLARIFICATION OF RULEMAKING AU- propriate under section 93(a)(24) of title 14, THORITY. United States Code, to the Senate Com- the General Services Administration to proc- (a) IN GENERAL.—Chapter 701 of title 46, mittee on Commerce, Science, and Transpor- ess a request for aircraft or vessels under United States Code, is amended by adding at tation and the House of Representatives section 102.37.225 of title 41, Code of Federal the end the following: Committee on Transportation and Infra- Regulations; structure. (2) to comply with the special terms, condi- ‘‘§ 70122. Regulations SEC. 604. PHASEOUT OF VESSELS SUPPORTING tions, and restrictions imposed on aircraft ‘‘Unless otherwise provided, the Secretary OIL AND GAS DEVELOPMENT. and vessels under section 102–37.460 of such may issue regulations necessary to imple- Section 705 of the Security and Account- title; ment this chapter.’’. ability for Every Port Act of 2006 (Public (3) to make the vessel available to the (b) CLERICAL AMENDMENT.—The table of Law 109–347; 120 Stat. 1945) is amended to United States Government if it is needed for contents for chapter 701 of such title is read as follows: use by the Commandant of the Coast Guard amended by adding at the end the following ‘‘SEC. 705. PHASEOUT OF VESSELS SUPPORTING in time of war or a national emergency; and new item: OIL AND GAS DEVELOPMENT. (4) to hold the United States Government ‘‘70122. Regulations’’. ‘‘(a) IN GENERAL.—Notwithstanding section harmless for any claims arising from expo- SEC. 603. ICEBREAKERS. 12111(d) of title 46, United States Code, a for- sure to hazardous materials, including asbes- (a) ANALYSES.—Not later than 90 days after eign-flag vessel may be chartered by, or on tos and polychlorinated biphenyls, after con- the date of enactment of this Act or the date behalf of, a lessee to be employed for the set- veyance of the vessel, except for claims aris- of completion of the ongoing High Latitude ting, relocation, or recovery of anchors or ing from use of the vessel by the United Study to assess polar ice-breaking mission other mooring equipment of a mobile off- States Government under paragraph (3). requirements, whichever occurs later, the shore drilling unit that is located over the (c) ELIGIBLE ENTITY DEFINED.—In this sec- Commandant of the Coast Guard shall re- Outer Continental Shelf (as defined in sec- tion, the term ‘‘eligible entity’’ means a quire a nongovernmental, independent third tion 2(a) of the Outer Continental Shelf State or local government, nonprofit cor- party (other than the National Academy of Lands Act (43 U.S.C. 1331(a)) for operations poration, educational agency, community Sciences) which has extensive experience in in support of exploration, or flow-testing and development organization, or other entity the analysis of military procurements to— stimulation of wells, for offshore mineral or that agrees to comply with the conditions (1) conduct a comparative cost-benefit energy resources in the Beaufort Sea or the established under this section. analysis, taking into account future Coast Chukchi Sea adjacent to Alaska— TITLE VIII—OIL POLLUTION PREVENTION Guard budget projections (which assume ‘‘(1) until December 31, 2012, if the Sec- SEC. 801. RULEMAKINGS. Coast Guard budget growth of no more than retary of Transportation determines, after (a) STATUS REPORT.—

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(1) IN GENERAL.—Not later than 90 days (2) identifies the most frequent types of gram for small vessels. The program shall after the date of enactment of this Act, the near-miss oil spill incidents involving vessels provide for assessment, outreach, and train- Secretary shall provide a report to the Sen- such as collisions, allisions, groundings, and ing and voluntary compliance activities to ate Committee on Commerce, Science, and loss of propulsion in the past 10 years; prevent and improve the effective response Transportation and the House of Representa- (3) describes the extent to which there are to oil spills from vessels and facilities not re- tives Committee on Transportation and In- gaps in the data with respect to the informa- quired to prepare a vessel response plan frastructure on the status of all Coast Guard tion required under paragraphs (1) and (2) under the Federal Water Pollution Control rulemakings required (but for which no final and explains the reason for those gaps; and Act (33 U.S.C. 1251 et seq.), including rec- rule has been issued as of the date of enact- (4) includes recommendations by the Sec- reational vessels, commercial fishing vessels, ment of this Act) under section 311 of the retary to address the identified types of er- marinas, and aquaculture facilities. The Federal Water Pollution Control Act (33 rors and incidents to address any such gaps Under Secretary may provide grants to sea U.S.C. 1321). in the data. grant colleges and institutes designated (2) INFORMATION REQUIRED.—The Secretary (b) MEASURES.—Based on the findings con- under section 207 of the National Sea Grant shall include in the report required in para- tained in the report required by subsection College Program Act (33 U.S.C. 1126) and to graph (1)— (a), the Secretary shall take appropriate ac- State agencies, tribal governments, and (A) a detailed explanation with respect to tion, both domestically and at the Inter- other appropriate entities to carry out— each such rulemaking as to— national Maritime Organization, to reduce (1) regional assessments to quantify the (i) what steps have been completed; the risk of oil spills caused by human error. source, incidence and volume of small oil (ii) what areas remain to be addressed; and (c) CONFIDENTIALITY OF VOLUNTARILY SUB- spills, focusing initially on regions in the (iii) the cause of any delays; and MITTED INFORMATION.—The identity of a per- country where, in the past 10 years, the inci- (B) the date by which a final rule may rea- son making a voluntary disclosure under dence of such spills is estimated to be the sonably be expected to be issued. this section, and any information obtained highest; (b) FINAL RULES.—The Secretary shall from any such voluntary disclosure, shall be (2) voluntary, incentive-based clean ma- issue a final rule in each pending rulemaking treated as confidential. rina programs that encourage marina opera- described in subsection (a) as soon as prac- (d) DISCOVERY OF VOLUNTARILY SUBMITTED tors, recreational boaters, and small com- ticable, but in no event later than 18 months INFORMATION.— mercial vessel operators to engage in envi- after the date of enactment of this Act. (1) IN GENERAL.—Except as provided in this ronmentally sound operating and mainte- (c) TOWING VESSELS.—No later than 1 year subsection, a party in a judicial proceeding nance procedures and best management prac- after the date of enactment of this Act, the may not use discovery to obtain information tices to prevent or reduce pollution from oil Secretary shall issue a notice of proposed or data collected or received by the Sec- spills and other sources; rulemaking regarding inspection require- retary for use in the report required in sub- (3) cooperative oil spill prevention edu- ments for towing vessels required under sec- section (a). cation programs that promote public under- tion 3306(j) of title 46, United States Code. (2) EXCEPTION.— standing of the impacts of spilled oil and The Secretary shall issue a final rule pursu- (A) Notwithstanding paragraph (1), a court provide useful information and techniques to ant to that rulemaking no later than 2 years may allow discovery by a party in a judicial minimize pollution, including methods to re- after the date of enactment of this Act. proceeding of information or data described move oil and reduce oil contamination of SEC. 802. OIL TRANSFERS FROM VESSELS. in paragraph (1) if, after an in camera review bilge water, prevent accidental spills during (a) REGULATIONS.—Within 1 year after the of the information or data, the court decides maintenance and refueling and properly date of enactment of this Act, the Secretary that there is a compelling reason to allow cleanup and dispose of oil and hazardous sub- shall promulgate regulations to reduce the the discovery. stances; and risks of oil spills in operations involving the (B) When a court allows discovery in a ju- (4) support for programs, including out- transfer of oil from or to a tank vessel. The dicial proceeding as permitted under this reach and education to address derelict ves- regulations— paragraph, the court shall issue a protective sels and the threat of such vessels sinking (1) shall focus on operations that have the order— and discharging oil and other hazardous sub- highest risks of discharge, including oper- (i) to limit the use of the information or stances, including outreach and education to ations at night and in inclement weather; data to the judicial proceeding; and involve efforts to the owners of such vessels. (2) shall consider— (ii) to prohibit dissemination of the infor- (b) AUTHORIZATION OF APPROPRIATIONS.— (A) requirements for the use of equipment, mation or data to any person who does not There are authorized to be appropriated to such as putting booms in place for transfers, need access to the information or data for the Under Secretary of Commerce for Oceans safety, and environmental impacts; the proceeding. and Atmosphere to carry out this section, (B) operational procedures such as man- (C) A court may allow information or data $10,000,000 for each of fiscal years 2010 ning standards, communications protocols, it has decided is discoverable under this through 2014. and restrictions on operations in high-risk paragraph to be admitted into evidence in a SEC. 806. IMPROVED COORDINATION WITH TRIB- areas; or judicial proceeding only if the court places AL GOVERNMENTS. (C) both such requirements and operational the information or data under seal to pre- (a) IN GENERAL.—Within 6 months after the procedures; and vent the use of the information or data for a date of enactment of this Act, the Secretary (3) shall take into account the safety of purpose other than for the proceeding. of the Department in which the Coast Guard is operating shall complete the development personnel and effectiveness of available pro- (3) APPLICATION.—Paragraph (1) shall not cedures and equipment for preventing or apply to— of a tribal consultation policy, which recog- mitigating transfer spills. (A) any disclosure made with actual nizes and protects to the maximum extent (b) APPLICATION WITH STATE LAWS.—The knowledge that the disclosure was false, in- practicable tribal treaty rights and trust as- regulations promulgated under subsection sets in order to improve the Coast Guard’s accurate, or misleading; or (a) do not preclude the enforcement of any consultation and coordination with the trib- (B) any disclosure made with reckless dis- State law or regulation the requirements of al governments of federally recognized In- regard as to the truth or falsity of that dis- which are at least as stringent as require- dian tribes with respect to oil spill preven- closure. ments under the regulations (as determined tion, preparedness, response and natural re- by the Secretary) that— SEC. 804. OLYMPIC COAST NATIONAL MARINE source damage assessment. SANCTUARY. (1) applies in State waters; (b) INCLUSION OF TRIBAL GOVERNMENT.— (2) does not conflict with, or interfere with (a) OLYMPIC COAST NATIONAL MARINE SANC- The Secretary of the Department in which the enforcement of, requirements and oper- TUARY AREA TO BE AVOIDED.—The Secretary the Coast Guard is operating shall ensure ational procedures under the regulations; of the Department in which the Coast Guard that, as soon as practicable after identifying and is operating and the Under Secretary of an oil spill that is likely to have a signifi- (3) has been enacted or promulgated before Commerce for Oceans and Atmosphere shall cant impact on natural or cultural resources the date of enactment of this Act. revise the area to be avoided off the coast of owned or directly utilized by a federally rec- the State of Washington so that restrictions SEC. 803. IMPROVEMENTS TO REDUCE HUMAN ognized Indian tribe, the Coast Guard will— ERROR AND NEAR MISS INCIDENTS. apply to all vessels required to prepare a re- (1) ensure that representatives of the tribal (a) REPORT.—Within 1 year after the date sponse plan pursuant to section 311(j) of the government of the affected tribes are in- of enactment of this Act, the Secretary shall Federal Water Pollution Control Act (33 cluded as part of the incident command sys- transmit a report to the Senate Committee U.S.C. 1321(j)) (other than fishing or research tem established by the Coast Guard to re- on Commerce, Science, and Transportation vessels while engaged in fishing or research spond to the spill; and the House Committee on Transportation within the area to be avoided). (2) share information about the oil spill and Infrastructure that, using available SEC. 805. PREVENTION OF SMALL OIL SPILLS. with the tribal government of the affected data— The Under Secretary of Commerce for tribe; and (1) identifies the types of human errors Oceans and Atmosphere, in consultation (3) to the extent practicable, involve tribal that, combined, account for over 50 percent with the Secretary of the Department in governments in deciding how to respond to of all oil spills involving vessels that have which the Coast Guard is operating and the spill. been caused by human error in the past 10 other appropriate agencies, shall establish (c) COOPERATIVE ARRANGEMENTS.—The years; an oil spill prevention and education pro- Coast Guard may enter into memoranda of

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Such ‘‘‘(1) IN GENERAL.—The Comptroller Gen- 155.1020) by striking ‘‘Port Angeles, WA’’ in memoranda may be entered into prior to the eral of the United States shall conduct an paragraph (13) of that section and inserting development of the tribal consultation and audit, including a detailed accounting of ‘‘Cape Flattery, WA’’. coordination policy to provide Indian tribes each disbursement from the Fund in excess (b) EMERGENCY RESPONSE PLAN REVIEWS.— grant and contract assistance. Such memo- of $500,000 that is— Within 5 years after the date of enactment of randa of agreement and associated protocols ‘‘(A) disbursed by the National Pollution this Act, the Coast Guard shall complete its with Indian tribal governments may in- Fund Center; and review of any changes to emergency response clude— ‘‘(B) administered and managed by the re- plans under the Federal Water Pollution (1) arrangements for the assistance of the ceiving Federal agencies, including final Control Act (33 U.S.C. 1251 et seq.) resulting tribal government to participate in the de- payments made to agencies and contractors from the modification of the higher volume velopment of the National Contingency Plan and, to the extent possible, subcontractors. port area definition required by subsection (a). and local Area Contingency Plans to the ex- ‘‘(2) FREQUENCY.—The audits shall be con- tent they affect tribal lands, cultural and ducted— SEC. 811. TUG ESCORTS FOR LADEN OIL TANK- ERS. natural resources; ‘‘(A) at least once every 3 years after the (a) COMPARABILITY ANALYSIS.— (2) arrangements for the assistance of the date of enactment of the Coast Guard Au- (1) IN GENERAL.—Within 1 year after the tribal government to develop the capacity to thorization Act for Fiscal Years 2010 and 2011 date of enactment of this Act, the Com- implement the National Contingency Plan until 2016; and mandant, in consultation with the Secretary and local Area Contingency Plans to the ex- ‘‘(B) at least once every 5 years after the of State, shall enter into negotiations with tent they affect tribal lands, cultural and last audit conducted under subparagraph (A). the Government of Canada to update the natural resources; ‘‘(3) SUBMISSION OF RESULTS.—The Comp- comparability analysis which serves as the (3) provisions on coordination in the event troller shall submit the results of each audit basis for the Cooperative Vessel Traffic Serv- of a spill, including agreements that rep- conducted under paragraph (1) to— ice agreement between the United States and resentatives of the tribal government will be ‘‘(A) the Senate Committee on Commerce, Canada for the management of maritime included as part of the regional response Science, and Transportation; traffic in Puget Sound, the Strait of Georgia, team co-chaired by the Coast Guard and the ‘‘(B) the House of Representatives Com- Haro Strait, Rosario Strait, and the Strait of Environmental Protection Agency to estab- mittee on Transportation and Infrastruc- Juan de Fuca. The updated analysis shall, at lish policies for responding to oil spills; ture; and a minimum, consider— (4) arrangements for the Coast Guard to ‘‘(C) the Secretary or Administrator of (A) requirements for laden tank vessels to provide training of tribal incident com- each agency referred to in paragraph (1)(B).’’; be escorted by tug boats; manders and spill responders for oil spill pre- and (B) vessel emergency response towing ca- paredness and response; (2) by adding at the end thereof the fol- pability at the entrance to the Strait of (5) demonstration projects to assist tribal lowing: Juan de Fuca; and governments in building the capacity to pro- ‘‘(h) REPORTS.— (C) spill response capability throughout tect tribal treaty rights and trust assets ‘‘(1) IN GENERAL.—Within one year after the shared water, including oil spill response from oil spills; and the date of enactment of the Coast Guard planning requirements for vessels bound for (6) such additional measures the Coast Authorization Act for Fiscal Years 2010 and one nation transiting in innocent passage Guard determines to be necessary for oil pol- 2011, and annually thereafter, the President, through the waters of the other nation. lution prevention, preparedness, and re- through the Secretary of the Department in (2) CONSULTATION REQUIREMENT.—In con- sponse. which the Coast Guard is operating, shall— ducting the analysis required under this sub- (d) FUNDING FOR TRIBAL PARTICIPATION.— ‘‘(A) provide a report on disbursements for section, the Commandant shall consult with Subject to the availability of appropriations, the preceding fiscal year from the Fund, re- the State of Washington and affected tribal the Commandant of the Coast Guard shall gardless of whether those disbursements governments. provide assistance to participating tribal were subject to annual appropriations, to— (3) RECOMMENDATIONS.—Within 18 months governments in order to facilitate the imple- ‘‘(i) the Senate Committee on Commerce, after the date of enactment of this Act, the mentation of cooperative arrangements Science, and Transportation; and Commandant shall submit recommendations under subsection (c) and ensure the partici- ‘‘(ii) the House of Representatives Com- based on the analysis required under this pation of tribal governments in such ar- mittee on Transportation and Infrastruc- subsection to the Senate Committee on Com- rangements. There are authorized to be ap- ture: and merce, Science, and Transportation and the propriated to the Commandant $500,000 for ‘‘(B) make the report available to the pub- House of Representatives Committee on each of fiscal years 2010 through 2014 to be lic on the National Pollution Funds Center Transportation and Infrastructure. The rec- used to carry out this section. Internet website. ommendations shall consider a full range of SEC. 807. REPORT ON AVAILABILITY OF TECH- ‘‘(2) CONTENTS.—The report shall include— options for the management of maritime NOLOGY TO DETECT THE LOSS OF ‘‘(A) a list of each disbursement of $250,000 OIL. traffic, including Federal legislation, pro- or more from the Fund during the preceding Within 1 year after the date of enactment mulgation of Federal rules, and the estab- fiscal year; and of this Act, the Secretary of the Department lishment of cooperative agreements for ‘‘(B) a description of how each such use of in which the Coast Guard is operating shall shared funding of spill prevention and re- the Fund meets the requirements of sub- submit a report to the Senate Committee on sponse systems. section (a). Commerce, Science, and Transportation and (b) DUAL ESCORT VESSELS FOR DOUBLE ‘‘(3) AGENCY RECORDKEEPING.—Each Fed- the House of Representatives Committee on HULLED TANKERS IN PRINCE WILLIAM SOUND, eral agency that receives amounts from the Energy and Commerce on the availability, ALASKA.— Fund shall maintain records describing the feasibility, and potential cost of technology (1) IN GENERAL.—Section 4116(c) of the Oil to detect the loss of oil carried as cargo or as purposes for which such funds were obligated Pollution Act of 1990 (46 U.S.C. 3703 note) is fuel on tank and non-tank vessels greater or expended in such detail as the Secretary amended— than 400 gross tons. may require for purposes of the report re- (A) by striking ‘‘Not later than 6 months quired under paragraph (1). SEC. 808. USE OF OIL SPILL LIABILITY TRUST after the date of the enactment of this Act, FUND. ‘‘(i) AUTHORIZATIONS.—There are author- the’’ and inserting ‘‘(1) IN GENERAL.—The’’; (a) IN GENERAL.—Section 1012(a)(5) of the ized to be appropriated such sums as may be and Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)) necessary to carry out subsections (g) and (B) by adding at the end the following: is amended— (h).’’. ‘‘(2) PRINCE WILLIAM SOUND, ALASKA.— (1) by redesignating subparagraphs (B) and SEC. 809. INTERNATIONAL EFFORTS ON EN- ‘‘(A) IN GENERAL.—The requirement in (C) as subparagraphs (C) and (D), respec- FORCEMENT. paragraph (1) relating to single hulled tank- tively; and The Secretary, in consultation with the ers in Prince William Sound, Alaska, de- (2) by inserting after subparagraph (A) the heads of other appropriate Federal agencies, scribed in that paragraph being escorted by following: shall ensure that the Coast Guard pursues at least 2 towing vessels or other vessels con- ‘‘(B) not more than $15,000,000 in each fiscal stronger enforcement in the International sidered to be appropriate by the Secretary year shall be available to the Under Sec- Maritime Organization of agreements re- (including regulations promulgated in ac- retary of Commerce for Oceans and Atmos- lated to oil discharges, including joint en- cordance with section 3703(a)(3) of title 46, phere for expenses incurred by, and activities forcement operations, training, and stronger United States Code, as set forth in part 168 of related to, response and damage assessment compliance mechanisms. title 33, Code of Federal Regulations (as in capabilities of the National Oceanic and At- SEC. 810. HIGHER VOLUME PORT AREA REGU- effect on March 1, 2009) implementing this mospheric Administration;’’. LATORY DEFINITION CHANGE. subsection with respect to those tankers) (b) AUDITS; ANNUAL REPORTS.—Section 1012 (a) IN GENERAL.—Within 1 year after the shall apply to double hulled tankers over of the Oil Pollution Act of 1990 (33 U.S.C. date of enactment of this Act, the Com- 5,000 gross tons transporting oil in bulk in 2712) is amended— mandant shall initiate a rulemaking pro- Prince William Sound, Alaska.

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‘‘(B) IMPLEMENTATION OF REQUIREMENTS.— ‘‘Lens’’) from the Presque Isle Light Station property under this section shall be without The Secretary of the Federal agency with ju- Lighthouse, Michigan (in this section re- consideration. risdiction over the Coast Guard shall carry ferred to as the ‘‘Lighthouse’’). (e) DELIVERY OF PROPERTY.—The Com- out subparagraph (A) by order without no- (2) CONDITION.—As a condition of the trans- mandant shall deliver property conveyed tice and hearing pursuant to section 553 of fer of possession authorized by paragraph (1), under this section— title 5 of the United States Code.’’. the Township shall, not later than one year (1) at the place where such property is lo- (2) EFFECTIVE DATE.—The amendments after the date of transfer, install the Lens in cated on the date of the conveyance; made by subsection (b) take effect on the the Lighthouse for the purpose of operating (2) in condition on the date of conveyance; date that is 90 days after the date of enact- the Lens and Lighthouse as a Class I private and ment of this Act. aid to navigation pursuant to section 85 of (3) without cost to the United States. (c) PRESERVATION OF STATE AUTHORITY.— title 14, United States Code, and the applica- (f) MAINTENANCE OF PROPERTY.—As a con- Nothing in this Act or in any other provision ble regulations under that section. dition of the conveyance of any property to of Federal law related to the regulation of (3) CONVEYANCE OF LENS.—Upon the certifi- the Township under this section, the Com- maritime transportation of oil shall affect, cation of the Commandant that the Town- mandant shall enter into an agreement with or be construed or interpreted as pre- ship has installed the Lens in the Lighthouse the Township under which the Township empting, the laws or regulations of any and is able to operate the Lens and Light- agrees— State or political subdivision thereof in ef- house as a private aid to navigation as re- (1) to operate the Lens as a Class I private fect on the date of enactment of this Act quired by paragraph (2), the Commandant aid to navigation under section 85 of title 14, which require the escort by one or more tugs shall convey to the Township all right, title, United States Code, and application regula- of laden oil tankers in the areas other than and interest of the United States in and to tions under that section; and Prince William Sound which are specified in the Lens. (2) to hold the United States harmless for section 4116(c) of the Oil Pollution Act of (4) CESSATION OF UNITED STATES OPER- any claim arising with respect to personal 1990 (46 U.S.C. 3703 note). ATIONS OF AIDS TO NAVIGATION AT LIGHT- property conveyed under this section. SEC. 812. EXTENSION OF FINANCIAL RESPONSI- HOUSE.—Upon the making of the certifi- (g) LIMITATION ON FUTURE CONVEYANCE.— BILITY. cation described in paragraph (3), all active The instruments providing for the convey- Section 1016(a) of the Oil Pollution Act of Federal aids to navigation located at the ance of property under this section shall— 1990 (33 U.S.C. 2716(a)) is amended— Lighthouse shall cease to be operated and (1) require that any further conveyance of (1) by striking ‘‘or’’ after the semicolon in maintained by the United States. an interest in such property may not be paragraph (1); (b) REVERSION.— made without the advance approval of the (2) by inserting ‘‘or’’ after the semicolon in (1) REVERSION FOR FAILURE OF AID TO NAVI- Commandant; and paragraph (2); and GATION.—If the Township does not comply (2) provide that, if the Commandant deter- (3) by inserting after paragraph (2) the fol- with the condition set forth in subsection mines that an interest in such property was lowing: (a)(2) within the time specified in that sub- conveyed without such approval— ‘‘(3) any tank vessel over 100 gross tons (ex- section, the Township shall, except as pro- (A) all right, title, and interest in such cept a non-self-propelled vessel that does not vided in paragraph (2), return the Lens to the property shall revert to the United States, carry oil as cargo) using any place subject to Commandant at no cost to the United States and the United States shall have the right to the jurisdiction of the United States;’’. and under such conditions as the Com- immediate possession of such property; and SEC. 813. OIL SPILL LIABILITY TRUST FUND IN- mandant may require. (B) the recipient of such property shall pay VESTMENT AMOUNT. (2) EXCEPTION FOR HISTORICAL PRESERVA- the United States for costs incurred by the Within 30 days after the date of enactment TION.—Notwithstanding the lack of compli- United States in recovering such property. of this Act, the Secretary of the Treasury ance of the Township as described in para- (h) ADDITIONAL TERMS AND CONDITIONS.— shall increase the amount invested in income graph (1), the Township may retain posses- The Commandant may require such addi- producing securities under section 5006(b) of sion of the Lens for installation as an arti- tional terms and conditions in connection the Oil Pollution Act of 1990 (33 U.S.C. fact in, at, or near the Lighthouse upon the with the conveyances authorized by this sec- 2736(b)) by $12,851,340. approval of the Commandant. The Lens shall tion as the Commandant considers appro- priate to protect the interests of the United SEC. 814. LIABILITY FOR USE OF SINGLE-HULL be retained by the Township under this para- VESSELS. graph under such conditions for the preser- States. Section 1001(32)(A) of the Oil Pollution Act vation and conservation of the Lens as the SEC. 903. LAND CONVEYANCE, COAST GUARD of 1990 (33 U.S.C. 2701(32)(A)) is amended by Commandant shall specify for purposes of PROPERTY IN MARQUETTE COUNTY, MICHIGAN, TO THE CITY OF MAR- inserting ‘‘In the case of a vessel, the term this paragraph. Installation of the Lens QUETTE, MICHIGAN. ‘responsible party’ also includes the owner of under this paragraph shall occur, if at all, (a) CONVEYANCE AUTHORIZED.—The Com- oil being transported in a tank vessel with a not later than two years after the date of the mandant of the Coast Guard may convey, single hull after December 31, 2010 (other transfer of the Lens to the Township under without consideration, to the City of Mar- than a vessel described in section 3703a(b)(3) subsection (a)(1). quette, Michigan (in this section referred to of title 46, United States Code).’’ after ‘‘ves- (3) REVERSION FOR FAILURE OF HISTORICAL as the ‘‘City’’), all right, title, and interest sel.’’. PRESERVATION.—If retention of the Lens by of the United States in and to a parcel of TITLE IX—MISCELLANEOUS PROVISIONS the Township is authorized under paragraph real property, together with any improve- SEC. 901. VESSEL DETERMINATION. (2) and the Township does not install the ments thereon, located in Marquette County, Lens in accordance with that paragraph (a) VESSELS DEEMED TO BE NEW VESSELS.— Michigan, that is under the administrative The vessel with United States official num- within the time specified in that paragraph, control of the Coast Guard, consists of ap- ber 981472 and the vessel with United States the Township shall return the lens to the proximately 5.5 acres, and is commonly iden- official number 988333 shall each be deemed Coast Guard at no cost to the United States tified as Coast Guard Station Marquette and to be a new vessel effective upon the date of and under such conditions as the Com- Lighthouse Point. delivery after January 1, 2008, from a pri- mandant may require. (b) RETENTION OF CERTAIN EASEMENTS.—In vately-owned United States shipyard if no (c) CONVEYANCE OF ADDITIONAL PERSONAL conveying the property under subsection (a), encumbrances are on record with the United PROPERTY.— the Commandant of the Coast Guard may re- States Coast Guard at the time of the (1) TRANSFER AND CONVEYANCE OF PERSONAL tain such easements over the property as the issuance of the new vessel certificate of doc- PROPERTY.—Notwithstanding any other pro- Commandant considers appropriate for ac- umentation for such vessel vision of law, the Commandant may transfer cess to aids to navigation. (b) SAFETY INSPECTION.—Each vessel shall to the Township any additional personal (c) LIMITATIONS.—The property to be con- be subject to the vessel safety and inspection property of the United States related to the veyed by subsection (a) may not be conveyed requirements of title 46, United States Code, Lens that the Commandant considers appro- under that subsection until— applicable to any such vessel as of the day priate for conveyance under this section. If (1) the Coast Guard has relocated Coast before the date of enactment of this Act. the Commandant conveys the Lens to the Guard Station Marquette to a newly con- Township under subsection (a)(3), the Com- SEC. 902. CONVEYANCE OF THE PRESQUE ISLE structed station; LIGHT STATION FRESNEL LENS TO mandant may convey to the Township any (2) any environmental remediation re- PRESQUE ISLE TOWNSHIP, MICHI- personal property previously transferred to quired under Federal law with respect to the GAN. the Township under this subsection. property has been completed; and (a) CONVEYANCE OF LENS AUTHORIZED.— (2) REVERSION.—If the Lens is returned to (3) the Commandant of the Coast Guard de- (1) TRANSFER OF POSSESSION.—Notwith- the Coast Guard pursuant to subsection (b), termines that retention of the property by standing any other provision of law, the the Township shall return to the Coast the United States is not required to carry Commandant of the Coast Guard may trans- Guard all personal property transferred or out Coast Guard missions or functions. fer to Presque Isle Township, a township in conveyed to the Township under this sub- (d) CONDITIONS OF TRANSFER.—All condi- Presque Isle County in the State of Michigan section except to the extent otherwise ap- tions placed within the deed of title of the (in this section referred to as the ‘‘Town- proved by the Commandant. property to be conveyed under subsection (a) ship’’), possession of the Historic Fresnel (d) CONVEYANCE WITHOUT CONSIDERATION.— shall be construed as covenants running with Lens (in this section referred to as the The conveyance of the Lens and any personal the land.

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(e) INAPPLICABILITY OF SCREENING OR OTHER a voyage of less than 600 miles shall have a the regulations prescribed by paragraph (2) REQUIREMENTS.—The conveyance of property licensed mate. If the vessel is on a voyage of of this subsection, and without regard to the authorized by subsection (a) shall be made at least 600 miles, however, the vessel shall provisions of chapters 5 and 6 of title 5, without regard to the following: have 2 licensed mates. United States Code, and the offshore supply (1) Section 2696 of title 10, United States ‘‘(2) An offshore supply vessel shall have at vessel tonnage limits of applicable regula- Code. least one mate. Additional mates on an off- tions and policy guidance promulgated prior (2) Chapter 5 of title 40, United States shore supply vessel of at least 6,000 gross to the date of enactment of this Act, the Code. tons as measured under section 14302 of this Secretary may— (3) Any other provision of law relating to title shall be prescribed in accordance with (A) issue a certificate of inspection under the screening, evaluation, or administration hours of service requirements (including re- section 3309 of title 46, United States Code, of excess or surplus Federal property prior to cording and record keeping of that service) to an offshore supply vessel of at least 6,000 conveyance by the Administrator of General prescribed by the Secretary. gross tons as measured under section 14302 of ‘‘(3) An offshore supply vessel of more than Services. this title if the Secretary determines that 200 gross tons as measured under section (f) EXPIRATION OF AUTHORITY.—The author- such vessel’s arrangements and equipment 14502 of this title, or an alternate tonnage ity in subsection (a) shall expire on the date meet the current Coast Guard requirements measured under section 14302 of this title as that is five years after the date of the enact- for certification as a cargo and miscella- prescribed by the Secretary under section ment of this Act. 14104 of this title, may not be operated with- neous vessel; and (g) DESCRIPTION OF PROPERTY.—The exact out a licensed engineer.’’. (B) authorize a master, mate or engineer acreage and legal description of the property (d) WATCHES.—Section 8104(g) of title 46, who possesses an ocean or near coastal li- to be conveyed under subsection (a) shall be United States Code, is amended— cense under part 10 of subchapter B of title determined by a survey satisfactory to the (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 46, Code of Federal Regulations, (or any suc- Commandant of the Coast Guard. The cost of (2) by adding at the end the following: cessor regulation) which qualifies the li- the survey shall be borne by the United ‘‘(2) Paragraph (1) applies to an offshore censed officer for service on offshore supply States. supply vessel of at least 6,000 gross tons as vessels of more than 3,000 gross tons, as (h) ADDITIONAL TERMS AND CONDITIONS.— measured under section 14302 of this title if measured under section 14302 of title 46, The Commandant of the Coast Guard may the individuals engaged on the vessel are in United States Code, to operate offshore sup- require such additional terms and conditions compliance with hours of service require- ply vessels of 6,000 gross tons or greater, as in connection with the conveyance author- ments (including recording and record-keep- measured under such section. ized by subsection (a) as the Commandant ing of that service) as prescribed by the Sec- SEC. 905. ASSESSMENT OF CERTAIN AIDS TO considers appropriate to protect the inter- retary.’’. NAVIGATION AND TRAFFIC FLOW. ests of the United States. (e) OIL FUEL TANK PROTECTION.— (a) INFORMATION ON USAGE.—Within 60 days SEC. 904. OFFSHORE SUPPLY VESSELS. (1) APPLICATION.—An offshore supply vessel after the date of enactment of this Act, the of at least 6,000 gross tons as measured under (a) REMOVAL OF TONNAGE LIMITS.— Commandant of the Coast Guard shall— section 14302 of this title that is constructed (1) DEFINITION.— (1) determine the types and numbers of (A) Section 2101(19) of title 46, United under a contract entered into after the date vessels typically transiting or utilizing that States Code, is amended by striking ‘‘of of enactment of this Act, or that is delivered portion of the Atlantic Intracoastal Water- after August 1, 2010, with an aggregate ca- more than 15 gross tons but less than 500 way beginning at a point that is due East of pacity of 600 cubic meters or more of oil fuel, gross tons as measured under section 14502 of the outlet of the Cutler Drain Canal C-100 in shall comply with the requirements of Regu- this title, or an alternate tonnage measured Dade County, Florida, and ending at the lation 12A under Annex I to the Protocol of under section 14302 of this title as prescribed Dade County line, during a period of 30 days; 1978 relating to the International Convention by the Secretary under section 14104 of this and for the Prevention of Pollution from Ships, title’’. (2) provide the information on usage com- 1973, entitled Oil Fuel Tank Protection, re- (B) EXEMPTION.—Section 5209(b)(1) of the piled under this subsection to the Senate gardless of whether such vessel is engaged in Oceans Act of 1992 (Public Law 102–587; 46 Committee on Commerce, Science, and the coastwise trade or on an international U.S.C. 2101 note) is amended by striking Transportation and the House of Representa- voyage. ‘‘vessel.’’ and inserting ‘‘vessel of less than tives Committee on Transportation and In- (2) DEFINITION.—In this subsection the 500 gross tons as measured under section frastructure. term ‘‘oil fuel’’ means any oil used as fuel in (b) ASSESSMENT OF CERTAIN AIDS TO NAVI- 14502 of title 46, United States Code, or an al- connection with the propulsion and auxiliary GATION.—Within 90 days after the date of en- ternate tonnage measured under section machinery of the vessel in which such oil is actment of this Act, the Commandant of the 14302 of such title as prescribed by the Sec- carried. Coast Guard shall— retary under section 14104 of such title.’’. (f) REGULATIONS.— (1) review and assess the buoys, markers, (2) APPLICATION.—Section 3702(b) of title 46, (1) IN GENERAL.—Not later than January 1, and other aids to navigation in and along United States Code, is amended by striking 2012, the Secretary of the department in that portion of the Atlantic Intracoastal Wa- paragraph (1) and redesignating paragraphs which the Coast Guard is operating shall terway specified in subsection (a), to deter- (2) and (3) as paragraphs (1) and (2), respec- promulgate regulations to implement the mine the adequacy and sufficiency of such tively. amendments and authorities enacted by this aids, and the need to replace such aids, in- (b) SCALE OF EMPLOYMENT: ABLE SEAMEN.— section for offshore supply vessels of at least stall additional aids, or both; and Section 7312(d) of title 46, United States 6,000 gross tons as measured under section (2) submit a report on the assessment re- Code, is amended to read as follows: 14302 of title 46, United States Code, and to quired by this section to the committees. ‘‘(d) Individuals qualified as able seamen— ensure the safe carriage of oil, hazardous (c) SUBMISSION OF PLAN.—Within 180 days offshore supply vessels under section 7310 of substances, and individuals in addition to after the date of enactment of this Act, the this title may constitute all of the able sea- the crew on such vessels. The final rule Commandant shall submit a plan to the com- men required on board a vessel of less than issued pursuant to such rulemaking may su- mittees to address the needs identified under 500 gross tons as measured under section persede the interim final rule promulgated subsection (b). 14502 of this title or an alternate tonnage as under paragraph (2) of this subsection. In SEC. 906. ALTERNATIVE LICENSING PROGRAM measured under section 14302 of this title as promulgating regulations under this sub- FOR OPERATORS OF UNINSPECTED prescribed by the Secretary under section section, the Secretary shall take into consid- PASSENGER VESSELS ON LAKE 14104 of this title engaged in support of ex- eration the characteristics of offshore supply TEXOMA IN TEXAS AND OKLAHOMA. ploration, exploitation, or production of off- vessels, their methods of operation, and their (a) IN GENERAL.—Upon the request of the shore mineral or energy resources. Individ- service in support of exploration, exploi- Governor of the State of Texas or the Gov- uals qualified as able seamen—limited under tation, or production of offshore mineral or ernor of the State of Oklahoma, the Sec- section 7308 of this title may constitute all energy resources. retary of the department in which the Coast of the able seamen required on board a vessel (2) INTERIM FINAL RULE AUTHORITY.—As Guard is operating shall enter into an agree- of at least 500 gross tons as measured under soon as is practicable and without regard to ment with the Governor of the State where- section 14502 of this title or an alternate ton- the provisions of chapters 5 and 6 of title 5, by the State shall license operators of nage measured under section 14302 of this United States Code, the Secretary shall issue uninspected passenger vessels operating on title as prescribed by the Secretary under an interim final rule as a temporary regula- Lake Texoma in Texas and Oklahoma in lieu section 14104 of this title engaged in support tion implementing this section (including of the Secretary issuing the license pursuant of exploration, exploitation, or production of the amendments made by this section) for to section 8903 of title 46, United States offshore mineral or energy resources.’’. offshore supply vessels of at least 6,000 gross Code, and the regulations issued thereunder, (c) MINIMUM NUMBER OF LICENSED INDIVID- tons as measured under section 14302 of title but only if the State plan for licensing the UALS.—Section 8301(b) of title 46, United 46, United States Code, and to ensure the operators of uninspected passenger vessels— States Code, is amended to read as follows: safe carriage of oil, hazardous substances, (1) meets the equivalent standards of safe- ‘‘(b)(1) An offshore supply vessel of less and individuals in addition to the crew on ty and protection of the environment as than 500 gross tons as measured under sec- such vessels. those contained in subtitle II of title 46, tion 14502 of this title or 6,000 gross tons as (3) INTERIM PERIOD.—After the effective United States Code, and regulations issued measured under section 14302 of this title on date of this Act, prior to the effective date of thereunder;

VerDate Mar 15 2010 00:36 May 08, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.066 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3426 CONGRESSIONAL RECORD — SENATE May 7, 2010 (2) includes— then the individual shall be entitled to law- On page 3, line 17, strike ‘‘the National (A) standards for chemical testing for such fully operate an uninspected passenger vessel League for Democracy and’’. operators; on Lake Texoma in Texas and Oklahoma (B) physical standards for such operators; without further requirement to hold an addi- SA 3914. Mr. CHAMBLISS submitted (C) professional service and training re- tional operator’s license. an amendment intended to be proposed quirements for such operators; and (d) TERMINATION.— to amendment SA 3739 proposed by Mr. (D) criminal history background check for (1) If— REID (for Mr. DODD (for himself and such operators; (A) the Secretary finds that the State plan Mrs. LINCOLN)) to the bill S. 3217, to (3) provides for the suspension and revoca- for the licensing the operators of promote the financial stability of the tion of State licenses; uninspected passenger vessels— United States by improving account- (4) makes an individual, who is ineligible (i) does not meet the equivalent standards for a license issued under title 46, United of safety and protection of the environment ability and transparency in the finan- States Code, ineligible for a State license; as those contained in subtitle II of title 46, cial system, to end ‘‘too big to fail’’, to and United States Code, and regulations issued protect the American taxpayer by end- (5) provides for a report that includes— thereunder, ing bailouts, to protect consumers (A) the number of applications that, for (ii) does not include— from abusive financial services prac- the preceding year, the State rejected due to (I) standards for chemical testing for such tices, and for other purposes; which failure to— operators, was ordered to lie on the table; as fol- (i) meet chemical testing standards; (II) physical standards for such operators, lows: (ii) meet physical standards; (III) professional service and training re- Beginning on page 539, strike line 14 and (iii) meet professional service and training quirements for such operators, or requirements; and all that follows through page 541, line 24, and (IV) background and criminal investiga- insert the following: (iv) pass criminal history background tions for such operators, ‘‘(33) MAJOR SWAP PARTICIPANT.— check for such operators; (iii) does not provide for the suspension (B) the number of licenses that, for the ‘‘(A) IN GENERAL.—The term ‘major swap and revocation of State licenses, or participant’ means any person who is not a preceding year, the State issued; (iv) does not make an individual, who is in- (C) the number of license investigations swap dealer, and— eligible for a license issued under title 46, ‘‘(i)(I) maintains a substantial net position that, for the preceding year, the State con- United States Code, ineligible for a State li- ducted; in swaps for any of the major swap cat- cense, or egories as determined by the Commission, (D) the number of licenses that, for the (B) the Governor (or the Governor’s des- preceding year, the State suspended or re- excluding— ignee) fails to report pursuant to subsection ‘‘(aa) positions held for hedging or miti- voked, and the cause for such suspensions or (b), revocations; and gating commercial risk, including operating the Secretary shall terminate the agreement (E) the number of injuries, deaths, colli- risk and balance sheet risk, of such person or sions, and loss or damage associated with authorized by this section, if the Secretary its affiliates; and uninspected passenger vessels operations provides written notice to the Governor of ‘‘(bb) positions maintained by any em- that, for the preceding year, the State inves- the State 60 days in advance of termination. ployee benefit plan (or any contract held by tigated. The findings of fact and conclusions of the such a plan) as defined in paragraphs (3) and (b) ADMINISTRATION.— Secretary, if based on a preponderance of the (32) of section 3 of the Employee Retirement (1) The Governor of the State may delegate evidence, shall be conclusive. Income Security Act of 1974 (29 U.S.C. 1002) the execution and enforcement of the State (2) The Governor of the State may termi- for the primary purpose of hedging or miti- plan, including the authority to license and nate the agreement authorized by this sec- gating any risk directly associated with the the duty to report information pursuant to tion, if the Governor provides written notice operation of the plan; and subsection (a), to any subordinate State offi- to the Secretary 60 days in advance of the ‘‘(II) whose outstanding swaps create sub- cer. The Governor shall provide, to the Sec- termination date. stantial net counterparty exposure that retary, written notice of any delegation. (e) EXISTING AUTHORITY.—Nothing in this could have serious adverse effects on the fi- (2) The Governor (or the Governor’s des- section shall affect or diminish the authority nancial stability of the United States bank- ignee) shall provide written notice of any or jurisdiction of any Federal or State offi- ing system or financial markets; or amendment to the State plan no less than 45 cer to investigate, or require reporting of, ‘‘(ii)(I) is a financial entity, other than an days prior to the effective date of such marine casualties. entity predominantly engaged in providing amendment. (f) UNINSPECTED PASSENGER VESSEL DE- customer financing for the purchase of an af- (3) At the request of the Secretary, the FINED.—In this section the term filiate’s merchandise or manufactured goods, Governor of the State (or the Governor’s des- ‘‘uninspected passenger vessel’’ has the that is highly leveraged relative to the ignee) shall grant, on a biennial basis, the meaning that term has in section 2101(42)(B) amount of capital it holds; Secretary access to State records and State of title 46, United States Code. ‘‘(II) maintains a substantial net position personnel for the purpose of auditing State TITLE X—BUDGETARY EFFECTS in outstanding swaps in any major swap cat- execution and enforcement of the State plan. SEC. 1001. BUDGETARY EFFECTS. egory as determined by the Commission; and (c) APPLICATION.— The budgetary effects of this Act, for the ‘‘(III) whose outstanding swaps create sub- (1) The requirements of section 8903 of title purpose of complying with the Statutory stantial net counterparty exposure that 46, United States Code, and the regulations Pay-As-You-Go Act of 2010, shall be deter- could have serious adverse effects on the fi- issued thereunder shall not apply to any per- mined by reference to the latest statement nancial stability of the United States bank- son operating under the authority of a State titled ‘‘Budgetary Effects of PAYGO Legisla- ing system or financial markets. license issued pursuant to an agreement tion’’ for this Act, submitted for printing in ‘‘(B) DEFINITION OF SUBSTANTIAL NET POSI- under this section. the Congressional Record by the Chairman of TION.—For purposes of subparagraph (A), the (2) The State shall not compel a person, op- the Senate Budget Committee, provided that Commission shall define by rule or regula- erating under the authority of a license such statement has been submitted prior to tion the term ‘substantial net position’ to issued either by another State, pursuant to a the vote on passage. mean a position after application of legally valid agreement under this section, or by the enforceable netting or collateral arrange- Secretary, pursuant to section 8903 of title SA 3913. Mr. WHITEHOUSE (for Mr. ments that meets a threshold the Commis- 46, United States Code, to— GREGG) proposed an amendment to the sion determines to be prudent for the effec- (A) hold a license issued by the State, pur- resolution S. Res. 480, condemning the tive monitoring, management, and oversight suant to an agreement under this section; or of entities that are systemically important (B) pay any fee, associated with licensing, continued detention of Burmese de- mocracy leader Daw Aung San Suu Kyi or can significantly impact the financial sys- because the person does not hold a license tem of the United States. and calling on the military regime in issued by the State, pursuant to an agree- ‘‘(C) SCOPE OF DESIGNATION.—For purposes ment under this section. Burma to permit a credible and fair of subparagraph (A), a person may be des- Nothing in this paragraph shall limit the au- election process and the transition to ignated as a major swap participant for 1 or thority of the State to impose requirements civilian, democratic rule; as follows: more categories of swaps without being clas- or fees for privileges, other than licensing, On page 2, beginning on line 7, strike ‘‘the sified as a major swap participant for all that are associated with the operation of National League for Democracy and other classes of swaps. uninspected passenger vessels on Lake opposition groups,’’ and insert ‘‘all political ‘‘(D) CAPITAL.—In setting capital require- Texoma. groups and individuals dedicated to demo- ments for a person that is designated as a (3) For the purpose of enforcement, if an cratic ideals,’’. major swap participant for a single type or individual is issued a license— On page 3, beginning on line 9, strike ‘‘(in- single class or category of swaps or activi- (A) by a State, pursuant to an agreement cluding the People’s Republic of China, the ties, the prudential regulator and the Com- entered into under to this section, or Association of Southeast Asian Nations, and mission shall take into account the risks as- (B) by the Secretary, pursuant to section the United Nations Security Council)’’ and sociated with other types of swaps or classes 8903 of title 46, United States Code, insert ‘‘, as appropriate, in order’’. of swaps or categories of swaps engaged in by

VerDate Mar 15 2010 02:13 May 08, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.066 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3427 virtue of the status of the person as a major equivalent and may be offset with each other would adversely impact its business oper- swap participant.’’; within the derivatives clearing organization; ations, or impair the financial integrity of and the derivatives clearing organization. SA 3915. Mr. CHAMBLISS submitted ‘‘(B) provide for nondiscriminatory clear- ‘‘(iii) REQUIRED EXEMPTION.—The Commis- an amendment intended to be proposed ing of a swap executed bilaterally or on or sion shall exempt a swap from the require- to amendment SA 3739 proposed by Mr. through the rules of an unaffiliated des- ments of subparagraph (C), if no derivatives REID (for Mr. DODD (for himself and ignated contract market or swap execution clearing organization registered under this Mrs. LINCOLN)) to the bill S. 3217, to facility, subject to the requirements of sec- Act or no derivatives clearing organization promote the financial stability of the tion 5(b). that is exempt from registration under sec- ‘‘(2) SWAPS SUBJECT TO MANDATORY CLEAR- tion 5b(j) of this Act will accept the swap for United States by improving account- ING REQUIREMENT.— clearing. ability and transparency in the finan- ‘‘(A) IN GENERAL.—In accordance with sub- ‘‘(E) PREVENTION OF EVASION.—The Com- cial system, to end ‘‘too big to fail’’, to paragraph (B), the Commission shall, jointly mission may prescribe rules, or issue inter- protect the American taxpayer by end- with the Securities and Exchange Commis- pretations of such rules, as necessary to pre- ing bailouts, to protect consumers sion and the Federal Reserve Board of Gov- vent evasions of any requirement to clear from abusive financial services prac- ernors, adopt rules to establish criteria for under subparagraph (C). In issuing such rules tices, and for other purposes; which determining that a swap or group, category, or interpretations, the Commission shall type, or class of swap is required to be consider— was ordered to lie on the table; as fol- cleared. ‘‘(i) the extent to which the terms of the lows: ‘‘(B) FACTORS.—In carrying out subpara- swap, group, category, type, or class of swap Beginning on page 555, strike line 16 and graph (A), the following factors shall be con- are similar to the terms of other swaps, all that follows through page 557, line 2, and sidered: groups, categories, types, or classes of swap insert the following: ‘‘(i) Whether 1 or more derivatives clearing that are required to be cleared by swap par- ‘‘(49) SWAP DEALER.— organizations or clearing agencies accepts ticipants under subparagraph (C); and ‘‘(A) IN GENERAL.—The term ‘swap dealer’ the swap or group, category, type, or class of ‘‘(ii) whether there is an economic purpose means any person who— swap for clearing. for any differences in the terms of the swap ‘‘(i) holds itself out as a dealer in swaps; ‘‘(ii) Whether the swap or group, category, or group, category, type, or class of swap ‘‘(ii) makes a market in swaps; type, or class of swap is traded pursuant to that are required to be cleared by swap par- ‘‘(iii) regularly engages in the purchase standard documentation and terms. ticipants under subparagraph (C). and sale of swaps to customers as its ordi- ‘‘(iii) The liquidity of the swap or group, ‘‘(F) ELIMINATION OF REQUIREMENT TO nary course of business; and category, type, or class of swap and its un- CLEAR.—The Commission may, pursuant to ‘‘(iv) engages in any activity causing the derlying commodity, security, security of a the rules adopted under subparagraph (A) person to be commonly known in the trade reference entity, or group or index thereof. and through notice-and-comment rule- as a dealer or market maker in swaps. ‘‘(iv) The ability to value the swap or making, rescind a requirement imposed ‘‘(B) INCLUSION.—A person may be des- group, category, type, or class of swap and under subparagraph (C) with respect to a ignated as a swap dealer for a single type or its underlying commodity, security, security swap, group, category, type, or class of swap. single class or category of swap or activities of a reference entity, or group or index ‘‘(G) PETITION FOR RULEMAKING.—Any per- and considered not to be a swap dealer for thereof consistent with an accepted pricing son may file a petition, pursuant to the rules other types, classes, or categories of swaps methodology, including the availability of of practice of the Commission, requesting or activities. intraday prices. that the Commission use its authority under ‘‘(C) CAPITAL.—In setting capital require- ‘‘(v) The size of the market for the swap or subparagraph (C) to require clearing of a par- ments for a person that is designated as a group, category, type, or class of swap and ticular swap, group, category, type, or class swap dealer for a single type or single class the available capacity, operational expertise, of swap or to use its authority under sub- or category of swap or activities, the pruden- and resources of the derivatives clearing or- paragraph (F) to rescind a requirement for tial regulator and the Commission shall take ganization or clearing agency that accepts it swap participants to clear a particular swap, into account the risks associated with other for clearing. group, category, type, or class of swap. types of swaps or classes of swaps or cat- ‘‘(vi) Whether a clearing mandate would ‘‘(H) FOREIGN EXCHANGE FORWARDS, SWAPS, egories of swaps engaged in by virtue of the mitigate risk to the financial system or AND OPTIONS.—Foreign exchange forwards, status of the person as a swap dealer. whether it would unduly concentrate risk in swaps, and options shall not be subject to a ‘‘(D) EXCEPTION.—The term ‘swap dealer’ a clearing participant, derivatives clearing clearing requirement under subparagraph (C) does not include a person that buys or sells organization, or clearing agency in a manner unless the Department of the Treasury and swaps for such person’s own account, either that could threaten the solvency of that the Board of Governors determine that such individually or in a fiduciary capacity, or on clearing participant, the derivatives clearing a requirement is appropriate after consid- behalf of any affiliates of such person, unless organization, or the clearing agency. ering whether there exists an effective set- it does so as a market maker and as a part ‘‘(vii) Such other factors as the Commis- tlement system for such foreign exchange of a regular business. sion, the Securities and Exchange Commis- forwards, swaps, and options and any other sion, and the Federal Reserve Board of Gov- factors that the Department of the Treasury SA 3916. Mr. CHAMBLISS submitted ernors jointly may determine are relevant. and the Board of Governors deem to be rel- an amendment intended to be proposed ‘‘(C) SWAPS SUBJECT TO CLEARING REQUIRE- evant. to amendment SA 3739 proposed by Mr. MENT.—The Commission— ‘‘(3) END USER CLEARING EXEMPTION.— ‘‘(i) shall review each swap, or any group, ‘‘(A) DEFINITIONS.—In this paragraph: REID (for Mr. DODD (for himself and category, type, or class of swap that is cur- ‘‘(i) COMMERCIAL END USER.—The term Mrs. LINCOLN)) to the bill S. 3217, to rently listed for clearing and those which a ‘commercial end user’ means any person promote the financial stability of the derivatives clearing organization notifies the who, as its primary business activity owns, United States by improving account- Commission that the derivatives clearing or- operates, uses, produces, processes, develops, ability and transparency in the finan- ganization plans to list for clearing after the leases, manufacturers, distributes, merchan- cial system, to end ‘‘too big to fail,’’ to date of enactment of this subsection; dises, provides or markets goods, services, protect the American taxpayer by end- ‘‘(ii) except as provided in paragraph (3), physical assets, or commodities (which shall ing bailouts, to protect consumers may require, pursuant to the rules adopted include but not be limited to coal, natural under subparagraph (A) and through notice- gas, electricity, biofuels, crude oil, gasoline, from abusive financial services prac- and-comment rulemaking, that a particular propane, distillates, and other hydrocarbons) tices, and for other purposes; which swap, group, category, type, or class of swap either individually or in a fiduciary capac- was ordered to lie on the table; as fol- must be cleared; and ity. lows: ‘‘(iii) shall rely on economic analysis pro- ‘‘(ii) FINANCIAL ENTITY END USER.— Beginning on page 566, strike line 8 and all vided by economists of the Commission in ‘‘(I) IN GENERAL.—The term ‘financial enti- that follows through page 584, line 7, and in- making any determination under clause (ii). ty end user’ means any person predomi- sert the following: ‘‘(D) EFFECT.— nately engaged in activities that are finan- (3) MANDATORY CLEARING OF SWAPS.—Sec- ‘‘(i) IN GENERAL.—Nothing in this para- cial in nature, as determined by the Commis- tion 2 of the Commodity Exchange Act (7 graph affects the ability of a derivatives sion. U.S.C. 2) is amended by inserting after sub- clearing organization to list for permissive ‘‘(II) EXCLUSIONS.—The term ‘financial en- section (g) (as redesignated by paragraph clearing any swap, or group, category, type, tity end user’ does not include— (1)(B)) the following: or class of swaps. ‘‘(aa) any person who is a swap dealer, se- ‘‘(h) CLEARING REQUIREMENT.— ‘‘(ii) PROHIBITION.—The Commission shall curity-based swap dealer, major swap partic- ‘‘(1) OPEN ACCESS.—The rules of a reg- not compel a derivatives clearing organiza- ipant, major security-based swap partici- istered derivatives clearing organization tion to list a swap, group, category, type, or pant; shall— class of swap for clearing if the derivatives ‘‘(bb) an investment fund that would be an ‘‘(A) prescribe that all swaps with the same clearing organization determines that the investment company (as defined in section 3 terms and conditions are economically swap, group, category, type, or class of swap of the Investment Company Act o f 1940 (15

VerDate Mar 15 2010 00:49 May 08, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.061 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3428 CONGRESSIONAL RECORD — SENATE May 7, 2010 U.S.C. 80a-3)) but for paragraph (1) or (7) of 21 or, if there is no repository that would ac- On page 1272, line 2, strike ‘‘services who’’ section 3(c) of that Act (15 U.S.C. 80a-3(c)); cept the swap, to the Commission pursuant and insert ‘‘services, but only to the extent and is not a partnership or other entity or to section 4r. that such person’’. any subsidiary that is primarily invested in ‘‘(5) TRANSITION RULES.— On page 1272, line 22, strike ‘‘(C)’’ and in- physical assets (which shall include but not ‘‘(A) REPORTING TRANSITION RULES.—The sert ‘‘(C)(i)’’. be limited to commercial real estate) di- Commission shall provide for the reporting On page 1273, strike line 19 and insert the rectly or through interests in partnerships of data, as follows: following: or limited liability companies that own such ‘‘(i) SWAPS ENTERED INTO BEFORE DATE OF ‘‘(C) LIMITATIONS.— assets; ENACTMENT OF THIS SUBSECTION.—Swaps en- ‘‘(i) IN GENERAL.—Notwithstanding sub-’’. ‘‘(cc) entities defined in section 1303(20) of tered into before the date of the enactment On page 1273, line 20, after ‘‘subparagraph the Federal Housing Enterprises Financial of this subsection shall be reported to a reg- (B)’’ insert ‘‘, and except as provided in Safety and Soundness Act of 1992 (12 U.S.C. istered swap repository or the Commission clause (ii)’’. 4502(20)); not later than 180 days after the effective On page 1274, between lines 2 and 3, insert ‘‘(dd) a commodity pool; or date of this subsection. the following: ‘‘(ee) a commercial end user. ‘‘(ii) SWAPS ENTERED INTO ON OR AFTER ‘‘(ii) EXCEPTION.—Subparagraph (A) and ‘‘(B) END USER CLEARING EXEMPTION.— DATE OF ENACTMENT OF THIS SUBSECTION.— clause (i) of this subparagraph do not apply ‘‘(i) IN GENERAL.—Subject to clause (ii), in Swaps entered into on or after such date of to any merchant, retailer, or seller of non- the event that a swap is subject to the man- enactment shall be reported to a registered financial goods or services, to the extent datory clearing requirement under para- swap repository or the Commission not later that such person is subject to any enumer- graph (2), and 1 of the counterparties to the than such time period as the Commission ated consumer law or any law for which au- swap is a commercial end user or a financial prescribe. thorities are transferred under subtitle F or entity end user, that counterparty— ‘‘(B) CLEARING TRANSITION RULES.—Swaps H.’’. ‘‘(I)(aa) may elect not to clear the swap, as entered into before the effective date of any On page 1274, strike line 3 and all that fol- required under paragraph (2); or requirement under paragraph (2)(C) are ex- lows through ‘‘may’’ on line 4 and insert the ‘‘(bb) may elect, prior to entering into the empt from the clearing requirements of this following: swap transaction, to require clearing of the subsection. ‘‘(D) RULES.— swap; and ‘‘(6) REPORTING OBLIGATIONS.— ‘‘(i) AUTHORITY OF OTHER AGENCIES.—No ‘‘(II) if the end user makes an election ‘‘(A) SWAPS IN WHICH ONLY 1 COUNTERPARTY provision of this title shall’’. under subclause (I)(bb), shall have the sole IS A SWAP DEALER OR MAJOR SWAP PARTICI- On page 1274, between lines 13 and 14, insert right to select the derivatives clearing orga- PANT.—With respect to a swap in which only the following: nization at which the swap will be cleared. 1 counterparty is a swap dealer or major ‘‘(ii) SMALL BUSINESSES.—A merchant, re- ‘‘(ii) LIMITATION.—A commercial end user swap participant, the swap dealer or major tailer, or seller of nonfinancial goods or serv- or a financial entity end user may only make swap participant shall report the swap as re- ices that would otherwise be subject to the an election under clause (i) if the end user is quired under paragraphs (4) and (5). authority of the Bureau solely by virtue of using the swap to hedge commercial risk, in- ‘‘(B) SWAPS IN WHICH 1 COUNTERPARTY IS A the application of subparagraph (B)(iii) shall cluding operating risk and balance sheet SWAP DEALER AND THE OTHER A MAJOR SWAP be deemed not to be engaged significantly in risk. PARTICIPANT.—With respect to a swap in offering or providing consumer financial ‘‘(C) TREATMENT OF AFFILIATES.— which 1 counterparty is a swap dealer and products or services under subparagraph ‘‘(i) IN GENERAL.—An affiliate of a commer- the other a major swap participant, the swap (C)(i), if such person— cial end user (including affiliate entities pre- dealer shall report the swap as required ‘‘(I) only extends credit for the sale of non- dominated engaged in providing financing under paragraphs (4) and (5). financial goods or services, as described in for the purchase of merchandise or manufac- ‘‘(C) OTHER SWAPS.—With respect to any subparagraph (A)(i); tured goods of the commercial end user) or a other swap not described in subparagraph (A) ‘‘(II) retains such credit on its own ac- financial entity end user may make an elec- or (B), the counterparties to the swap shall counts (except to sell or convey such debt tion under subparagraph (B)(i) only if the af- select a counterparty to report the swap as that is delinquent or otherwise in default); filiate uses the swap to hedge or mitigate the required under paragraphs (4) and (5).’’. and commercial risk, including operating risk ‘‘(III) meets the relevant industry size and balance sheet risk, of the commercial SA 3917. Mr. CHAMBLISS submitted threshold to be a small business concern, end user or the financial entity end user or an amendment intended to be proposed based on annual receipts, pursuant to section other affiliate of the commercial end user or to amendment SA 3739 proposed by Mr. 3 of the Small Business Act (15 U.S.C. 632) financial entity end user. REID (for Mr. DODD (for himself and and the implementing rules thereunder. ‘‘(ii) PROHIBITION RELATING TO CERTAIN AF- Mrs. LINCOLN)) to the bill S. 3217, to ‘‘(iii) INITIAL YEAR.—A merchant, retailer, FILIATES.—An affiliate of a commercial end promote the financial stability of the or seller of nonfinancial goods or services user or a financial entity end user shall not shall be deemed to meet the relevant indus- use the exemption under subparagraph (B) if United States by improving account- ability and transparency in the finan- try size threshold described in clause (ii)(III) the affiliate is— during the first year of operations of that ‘‘(I) a swap dealer; cial system, to end ‘‘too big to fail’’, to business concern if, during that year, the re- ‘‘(II) a security-based swap dealer; protect the American taxpayer by end- ceipts of that business concern reasonably ‘‘(III) a major swap participant; ing bailouts, to protect consumers are expected to meet that size threshold. ‘‘(IV) a major security-based swap partici- from abusive financial services prac- ‘‘(E) EXCEPTION FROM STATE ENFORCE- pant; tices, and for other purposes; which MENT.—To the extent that the Bureau may ‘‘(V) an investment fund that would be an was ordered to lie on the table; as fol- not exercise authority under this subsection investment company (as defined in section 3 lows: with respect to a merchant, retailer, or sell- of the Investment Company Act o f 1940 (15 er of nonfinancial goods or services, no ac- U.S.C. 80a-3)) but for paragraph (1) or (7) of On page 580, line 1, insert after ‘‘commer- cial end user’’ the following: ‘‘or a lending tion by a State attorney general or State section 3(c) of that Act (15 U.S.C. 80a-3(c)); regulator with respect to a claim made under and is not a partnership or other entity or institution cooperatively owned by and pri- marily serving agricultural producers, agri- this title may be brought under subsection any subsidiary that is primarily invested in 1042(a), with respect to an activity described physical assets (which shall include but not cultural cooperatives, or rural electric co- operatives’’. in any of clauses (i) through (iii) of subpara- be limited to commercial real estate) di- graph (A) by such merchant, retailer, or sell- rectly or through interests in partnerships Ms. SNOWE (for herself and er of nonfinancial goods or services.’’. or limited liability companies that own such SA 3918. Ms. LANDRIEU) submitted an amend- assets; or SA 3919. Mr. CONRAD (for himself, ‘‘(VI) a commodity pool. ment intended to be proposed to Mr. CRAPO, Mr. BARRASSO, Mr. KERRY, ‘‘(D) ABUSE OF EXEMPTION.—The Commis- amendment SA 3739 proposed by Mr. sion may prescribe such rules or issue inter- REID (for Mr. DODD (for himself and Mr. BROWN of Massachusetts, Ms. pretations of the rules as the Commission de- Mrs. LINCOLN)) to the bill S. 3217, to SNOWE, Ms. LANDRIEU, Mr. DORGAN, Mr. termines to be necessary to prevent abuse of promote the financial stability of the ROBERTS, Mr. ENZI, Mrs. MCCASKILL, the exemption described in subparagraph (B). United States by improving account- Ms. COLLINS, Ms. CANTWELL, and Mrs. The Commission may also request informa- ability and transparency in the finan- MURRAY) submitted an amendment in- tion from those entities claiming the clear- cial system, to end ‘‘too big to fail’’, to tended to be proposed to amendment ing exemption as necessary to prevent abuse protect the American taxpayer by end- SA 3739 proposed by Mr. REID (for Mr. of the exemption described in subparagraph DODD (for himself and Mrs. LINCOLN)) (B). ing bailouts, to protect consumers ‘‘(4) REQUIRED REPORTING.—Each swap that from abusive financial services prac- to the bill S. 3217, to promote the fi- is not cleared by any derivatives clearing or- tices, and for other purposes; which nancial stability of the United States ganization shall be reported either to a reg- was ordered to lie on the table; as fol- by improving accountability and trans- istered swap repository described in section lows: parency in the financial system, to end

VerDate Mar 15 2010 00:49 May 08, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.062 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3429 ‘‘too big to fail,’’ to protect the Amer- ble State, Territory, or District of Columbia ensuring our international broadcasts ican taxpayer by ending bailouts, to at time of issue, or in the absence of applica- are in fact fulfilling America’s inter- protect consumers from abusive finan- ble standard nonforfeiture laws or require- ests in securing peace for ourselves and cial services practices, and for other ments, satisfies the Model Standard Nonfor- our allies. feiture Law for Life Insurance or Model purposes; which was ordered to lie on Standard Nonforfeiture Law for Individual Mr. COBURN. Mr. President, pursu- the table; as follows: Deferred Annuities, or any successor model ant to the provisions of section 512 of On page 466, line 13, strike ‘‘bank’’ and all law, as published by the National Associa- Public Law 110–81, I intend to object to that follows through ‘‘association’’ on line 15 tion of Insurance Commissioners’’. proceeding to the nomination of Victor and insert the following: ‘‘bank having total SEC. 554. NULLIFICATION OF CERTAIN FEDERAL Ashe of Tennessee, to be member of the assets of more than $10,000,000,000, in the SECURITIES REGULATIONS. Broadcasting Board of Governors, same manner and to the same extent as if Rule 151A promulgated by the Securities dated May 5, 2010, for the reasons de- the insured State bank were a national and Exchange Commission and entitled ‘‘In- banking association. For purposes of deter- noted above. dexed Annuities and Certain Other Insurance Mr. COBURN. Mr. President, pursu- mining total assets under this subsection, Contracts’’, 74 Fed. Reg. 3138 (January 16, the Corporation shall rely on the same regu- 2009), shall have no force or effect. ant to the provisions of section 512 of lations and interim methodologies specified Public Law 110–81, I intend to object to in section 312(e) of the Restoring American SA 3921. Mr. BROWNBACK submitted proceeding to the nomination of Mi- Financial Stability Act of 2010’’. an amendment intended to be proposed chael Lynton of California, to be mem- ber of the Broadcasting Board of Gov- Mr. HARKIN (for himself, to amendment SA 3739 proposed by Mr. SA 3920. ernors, dated May 5, 2010, for the rea- Mr. GRASSLEY, Mr. NELSON of Ne- REID (for Mr. DODD (for himself and sons denoted above. braska, Mr. JOHANNS, and Mr. LEAHY) Mrs. LINCOLN)) to the bill S. 3217, to promote the financial stability of the Mr. COBURN. Mr. President, pursu- submitted an amendment intended to ant to the provisions of section 512 of be proposed by him to the bill S. 3217, United States by improving account- ability and transparency in the finan- Public Law 110–81, I object to pro- to promote the financial stability of ceeding to the nomination of Susan the United States by improving ac- cial system, to end ‘‘too big to fail’’, to protect the American taxpayer by end- McCue of Virginia, to be member of countability and transparency in the casting Board of Governors, dated May financial system, to end ‘‘too big to ing bailouts, to protect consumers from abusive financial services prac- 5, 2010, for the reasons denoted above. fail’’, to protect the American taxpayer Mr. COBURN. Mr. President, pursu- by ending bailouts, to protect con- tices, and for other purposes; which was ordered to lie on the table; as fol- ant to the provisions of section 512 of sumers from abusive financial services Public Law 110–81, I intend to object to practices, and for other purposes; lows: On page 1267, line 18, insert before the proceeding to the nomination of Dennis which was ordered to lie on the table; Mulhaupt of California, to be member as follows: semicolon ‘‘, as such amount is indexed for inflation’’. of the Broadcasting Board of Gov- At the end of title V, add the following: On page 1267, line 20, insert before the pe- ernors, dated May 5, 2010, for the rea- Subtitle C—Fixed Annuities and Insurance riod ‘‘, as such amount is indexed for infla- sons denoted above. Products Classification tion’’. Mr. COBURN. Mr. President, pursu- SEC. 551. SHORT TITLE. On page beginning on line 24, strike ‘‘, to ant to the provisions of section 512 of This subtitle may be cited as the ‘‘Fixed support its examination activities under sub- Public Law 110–81, I intend to object to Indexed Annuities and Insurance Products section (c), and’’. Classification Act of 2010’’. On page 1268, strike line 24 and all that fol- proceeding to the nomination of S. Enders Wimbush of Virginia, to be SEC. 552. FINDINGS AND PURPOSE. lows through page 1269, line 19 and insert the (a) FINDINGS.—Congress makes the fol- following: member of the Broadcasting Board of lowing findings: (c) ENFORCEMENT.— Governors, dated May 5, 2010, for the (1) Primary jurisdiction for regulating life On page 1270, line 13, strike ‘‘(e)’’ and in- reasons denoted above. insurance and annuities is vested with the sert ‘‘(d)’’. f States and Territories of the United States On page 1345, beginning on line 1, strike ‘‘, and the District of Columbia. 1025, and 1026’’ and insert ‘‘and 1025’’. NOTICE: PUBLIC FINANCIAL (2) Indexed insurance and annuity products f DISCLOSURE REPORTS offered by insurance companies are subject The filing date for the 2009 Public Fi- NOTICE OF INTENT TO OBJECT TO to a wide array of laws and regulations en- nancial Disclosure reports is Monday, forced by States and applicable jurisdictions, PROCEEDING ON MAY 5, 2010 including nonforfeiture requirements that May 17, 2010. Senators, political fund provide for minimum guaranteed values, Mr. COBURN. Mr. President, pursu- designees and staff members whose sal- thereby protecting consumers against mar- ant to the provisions of section 512 of aries exceed 120% of the GS–15 pay ket related losses. Public Law 110–81, I intend to object to scale must file reports. (3) Adoption of Rule 151A by the Securities proceeding to the nomination of Walter Public Financial Disclosure reports and Exchange Commission, entitled ‘‘In- Isaacson, of Louisiana, to be Chairman should be submitted to the Senate Of- dexed Annuities and Certain Other Insurance of the Broadcasting Board of Gov- fice of Public Records, 232 Hart Build- Products’’, 74 Fed. Reg. 3138 (January 16, ernors, dated May 5, 2010, for the fol- ing, Washington, D.C. 20510. 2009), interferes with State insurance regula- lowing reasons: tion, harms the insurance industry, reduces The Public Records office will be competition, restricts consumer choice, cre- I have had longstanding concerns re- open from 9 a.m. to 6 p.m. on the filing ates unnecessary and excessive regulatory garding transparency and effectiveness date to accept these filings. For further burdens, and diverts Commission resources, of our taxpayer-funded international information, please contact the Public all of which outweighs any perceived bene- broadcasting agencies under the pur- Records office at (202) 224–0322. fits. view of the Broadcasting Board of Gov- f (b) PURPOSE.—The purpose of this subtitle ernors. In particular, I am troubled by is to nullify rule 151A and clarify the scope the operations and management of THE CALENDAR of the exemption for annuities and insurance Voice of America (VOA) given issues The ACTING PRESIDENT pro tem- contracts from Federal regulation under the Securities Act of 1933. raised by the media, Inspector General, pore. The majority leader. SEC. 553. SCOPE OF EXEMPTION FROM FEDERAL and former employees of VOA. There- Mr. REID. Mr. President, I ask unan- SECURITIES REGULATION. fore, I have requested to meet with all imous consent that it be in order for Section 3(a)(8) of the Securities Act of 1933 the prospective nominees to discuss the Senate to proceed en bloc to con- (15 U.S.C. 77c(a)(8)) is amended by inserting these issues. The Broadcasting Board sideration of the following calendar before the semicolon the following: ‘‘, and of Governors performs a vital role re- items: Calendar No. 261, S. Res. 297; any insurance or endowment policy or annu- garding oversight and management of Calendar No. 262, S. Res. 275; Calendar ity contract or optional annuity contract— our international broadcasting. As the No. 287, S. 1053; Calendar No. 291, S. ‘‘(A) the value of which does not vary ac- cording to the performance of a separate ac- nation faces threats from the Middle 1405; Calendar No. 295, H.R. 689; Cal- count; and East and in fact throughout the world, endar No. 297, H.R. 1121; Calendar No. ‘‘(B) which satisfies standard nonforfeiture transparent and effective international 300, H.R. 1442; Calendar No. 305, H.R. laws or similar requirements of the applica- broadcasting agencies are critical to 2802.

VerDate Mar 15 2010 00:49 May 08, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.063 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3430 CONGRESSIONAL RECORD — SENATE May 7, 2010 The ACTING PRESIDENT pro tem- Resolved, That the Senate— Lexington, Lincoln, and Concord played in pore. Without objection, the Senate (1) recognizes the Dyke Marsh Wildlife Pre- the American Revolution: Now, therefore, be will proceed en bloc. serve of Fairfax County, Virginia, as a it Mr. REID. I ask unanimous consent unique and precious ecosystem that serves as Resolved, that it is the sense of the Senate that the resolutions be agreed to en an invaluable natural resource both locally that— and nationally; bloc; the preambles be agreed to en (1) Minute Man National Historical Park (2) recognizes and expresses appreciation serves an essential role in preserving the bloc; that the committee-reported for Representative John Dingell’s, Rep- sites and vistas in New England where the amendments, where applicable, be resentative John Saylor’s, and Representa- American Revolution began and in educating agreed to; the bill, as amended, if tive Henry Reuss’s leadership in preserving the public about these historic events; amended, where applicable, be read a this precious natural resource; (2) Minute Man National Historical Park third time and passed, as amended, if (3) celebrates the 50th anniversary of the honors and commemorates the ideals of de- amended, where applicable, en bloc; the Federal legislation designating the Dyke mocracy, liberty, and freedom that are the motions to reconsider be laid on the Marsh Wildlife Preserve as a protected wet- foundation of the United States and sources table en bloc; that the consideration of land habitat; of inspiration for people everywhere; and (4) expresses the need to continue to con- these items appear separately in the (3) the creation of Minute Man National serve, protect and restore this fragile habi- Historical Park 50 years ago represents a re- RECORD; and that any statements relat- tat, in which a diverse array of plants, ani- markable achievement that continues to ing thereto be printed in the RECORD. mals and other natural resources is threat- benefit the people of the United States, to The ACTING PRESIDENT pro tem- ened by past dredging and filling, a gradual preserve the proud legacy of the American pore. Without objection, it is so or- depletion in size, urban and suburban devel- Revolution, and to serve as an enduring re- dered. opment, river traffic, stormwater runoff, source for future generations. f poaching, and non-native invasive species; and f DYKE MARSH WILDLIFE (5) commends the Friends of Dyke Marsh PRESERVE for its longstanding commitment to pro- The resolution (S. Res. 297) to recog- moting conservation and environmental TO AMEND THE NATIONAL LAW nize the Dyke Marsh Wildlife Preserve awareness and stewardship, so that the Dyke ENFORCEMENT MUSEUM ACT Marsh Wildlife Preserve may be enjoyed by as a unique and precious ecosystem generations for the next 50 years and into The bill (S. 1053) to amend the Na- was considered and agreed to. The pre- the future. tional Law Enforcement Museum Act amble was agreed to. The resolution, f to extend the termination date, was with its preamble, reads as follows: considered, ordered to be engrossed for S. RES. 297 HONORING THE MINUTE MAN a third reading, was read the third Whereas the Dyke Marsh Wildlife Preserve NATIONAL HISTORICAL PARK time, and passed. on the west bank of the Potomac River just The resolution (S. Res. 275) honoring S. 1053 south of Alexandria in Fairfax County is one the Minute Man National Historical Be it enacted by the Senate and House of Rep- of the largest remaining freshwater tidal Park on the occasion of its 50th anni- resentatives of the United States of America in marshes in the Greater Washington, DC, versary was considered and agreed to. Congress assembled, area; The preamble was agreed to. The reso- Whereas Congress expressly designated the SECTION 1. NATIONAL LAW ENFORCEMENT MU- lution, with its preamble, reads as fol- SEUM ACT. Dyke Marsh ecosystem for protection in 1959, Section 4(f) of the National Law Enforce- fifty years ago, under Public Law 86–41 ‘‘so lows: ment Museum Act (Public Law 106–492) is that fish and wildlife development and their S. RES. 275 amended by striking ‘‘10 years’’ and insert- preservation as wetland wildlife habitat Whereas, since September 21, 1959, Minute ing ‘‘13 years’’. shall be paramount’’; Man National Historical Park has preserved Whereas the Honorable John D. Dingell of key sites where the first battles of the Amer- Michigan, the late Honorable John P. Saylor ican Revolutionary War occurred, and edu- f of Pennsylvania, and the late Honorable cated millions of people in the United States Henry S. Reuss of Wisconsin were instru- about the extraordinary events that led to LONGFELLOW HOUSE-WASHING- mental in passing this legislation and in pre- the birth of the United States and the ideals TON’S HEADQUARTERS NA- venting proposed development along the Po- embodied in the courageous actions that led tomac River, thereby protecting the Dyke to such events; TIONAL HISTORIC SITE DESIGNA- Marsh ecosystem from further dredging, fill- Whereas Minute Man National Historical TION ACT ing, and other activities incompatible with a Park encompasses more than 1,000 acres in The bill (S. 1405) to redesignate the preserve; the historic communities of Lexington, Lin- Longfellow National Historic Site, Whereas Dyke Marsh is 5,000 to 7,000 years coln, and Concord that were at the center of Massachusetts, as the ‘‘Longfellow old and is a unique natural treasure in the the American Revolution; national capital region, with more than 6,500 Whereas the events, places, and people rec- House-Washington’s Headquarters Na- species of plants, insects, fish, birds, reptiles ognized by the Minute Man National Histor- tional Historic Site,’’ was considered, and amphibians contained within an approxi- ical Park have become enduring testaments ordered to be engrossed for a third mately 485-acre parcel; to the values of the people of the United reading, was read the third time, and Whereas the Dyke Marsh Wildlife Preserve States and are among the most celebrated passed. is a significant element in the historic char- and cherished symbols in the history of the S. 1405 acter of the Mount Vernon Memorial Park- United States; way; Whereas the Minute Man National Histor- Be it enacted by the Senate and House of Rep- Whereas freshwater tidal marshes are rare, ical Park includes multiple sites and vistas resentatives of the United States of America in and the Dyke Marsh Wildlife Preserve is one along the route from Boston to Concord, Congress assembled, of the few climax, tidal, riverine, narrow- known as the ‘‘Battle Road’’, where Amer- SECTION 1. SHORT TITLE. leafed cattail wetlands in the United States ican militia and British soldiers fought sev- This Act may be cited as the ‘‘Longfellow National Park Service system; eral times on April 19, 1775; House-Washington’s Headquarters National Whereas wetlands provide ecological serv- Whereas American militia were first or- Historic Site Designation Act’’. ices such as flood control, attenuation of dered to return British fire at Concord’s SEC. 2. REDESIGNATION OF LONGFELLOW NA- tidal energy, water quality enhancement, North Bridge, a heroic action commemo- TIONAL HISTORIC SITE, MASSACHU- wildlife habitat, nursery and spawning rated by the United States poet Ralph Waldo SETTS. grounds, and recreational and aesthetic en- Emerson in his poem ‘‘The Concord Hymn’’ (a) IN GENERAL.—The Longfellow National joyment; as the ‘‘shot heard round the world’’; Historic Site in Cambridge, Massachusetts, Whereas the Dyke Marsh Wildlife Preserve Whereas the park celebrates the legendary shall be known and designated as ‘‘Long- serves as an outdoor laboratory for sci- ‘‘midnight ride’’ of Paul Revere on April 18, fellow House-Washington’s Headquarters Na- entists, educators, students, naturalists, art- 1775, that warned American colonists that tional Historic Site’’. ists, photographers, and others, attracting British soldiers were marching to Concord to (b) REFERENCES.—Any reference in a law, people of all ages; and destroy key military stores; and map, regulation, document, paper, or other Whereas the Friends of Dyke Marsh is a Whereas more than 1,000,000 people from record of the United States to the Long- conservation advocacy group created in 1975 States across the United States and from fellow National Historic Site shall be consid- and dedicated to the preservation and res- around the world visit Minute Man National ered to be a reference to the ‘‘Longfellow toration of this wetland habitat and its nat- Historical Park each year to learn about the House-Washington’s Headquarters National ural resources: Now, therefore, be it role that the New England communities of Historic Site’’.

VerDate Mar 15 2010 02:13 May 08, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G07MY6.030 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3431 SHASTA-TRINITY NATIONAL FOR- (B) be administered in accordance with— to a third reading, was read the third EST ADMINISTRATIVE JURISDIC- (i) this section; time, and passed. TION TRANSFER ACT (ii) the Wilderness Act (16 U.S.C. 1131 et seq.); and f The Senate proceeded to consider the (iii) the California Wilderness Act of 1984 (16 bill (H.R. 689) to interchange the ad- U.S.C. 1132 note; Public Law 98–425). UTAH LAND SALE ACT ministrative jurisdiction of certain SEC. 4. ADMINISTRATIVE PROVISIONS. The bill (H.R. 1442) to provide for the Federal lands between the Forest Serv- (a) CORRECTIONS.— sale of the Federal Government’s rever- ice and the Bureau of Land Manage- (1) MINOR ADJUSTMENTS.—The Secretary of sionary interest in approximately 60 ment, and for other purposes, which Agriculture and the Secretary of the Interior acres of land in Salt Lake City, Utah, had been reported from the Committee may, by mutual agreement, make minor correc- originally conveyed to the Mount Oli- tions and adjustments to the transfers under on Energy and Natural Resources, with this Act to facilitate land management, includ- vet Cemetery Association under the an amendment to strike all after the ing corrections and adjustments to any applica- Act of January 23, 1909, was considered, enacting clause and insert in lieu ble surveys. ordered to a third reading, was read the thereof the following: (2) PUBLICATIONS.—Any corrections or adjust- third time, and passed. ments made under subsection (a) shall be effec- SECTION 1. SHORT TITLE. f This Act may be cited as the ‘‘Shasta-Trinity tive on the date of publication of a notice of the National Forest Administrative Jurisdiction corrections or adjustments in the Federal Reg- JOHN ADAMS COMMEMORATIVE Transfer Act’’. ister. WORK EXTENSION ACT (b) HAZARDOUS SUBSTANCES.— SEC. 2. TRANSFER OF ADMINISTRATIVE JURIS- OTICE The bill (H.R. 2802) to provide for an DICTION TO THE BUREAU OF LAND (1) N .—The Secretary of Agriculture and MANAGEMENT. the Secretary of the Interior shall, with respect extension of the legislative authority (a) IN GENERAL.—Administrative jurisdiction to the land described in sections 2(b) and 3(b), of the Adams Memorial Foundation to over the Federal land described in subsection (b) respectively— establish a commemorative work in is transferred from the Secretary of Agriculture (A) identify any known sites containing haz- honor of former President John Adams to the Secretary of the Interior. ardous substances; and (B) provide to the head of the Federal agency and his legacy, and for other purposes, (b) DESCRIPTION OF LAND.—The Federal land was considered, ordered to a third read- referred to in subsection (a) is the land within to which the land is being transferred notice of the Shasta-Trinity National Forest in Cali- any sites identified under subparagraph (A). ing, read the third time, and passed. (2) CLEANUP OBLIGATIONS.—To the same ex- fornia, Mount Diablo Meridian, as generally de- f picted on the map entitled ‘‘Shasta-Trinity Ad- tent as on the day before the date of enactment ministrative Jurisdiction Transfer: Transfer of this Act, with respect to any Federal liabil- COAST GUARD AUTHORIZATION from Forest Service to BLM, Map 1’’ and dated ity— ACT OF 2010 (A) the Secretary of Agriculture shall remain November 23, 2009. Mr. WHITEHOUSE. I ask unanimous (c) MANAGEMENT AND STATUS OF TRANS- responsible for any cleanup of hazardous sub- FERRED LAND.—The Federal land described in stances on the Federal land described in section consent that the Senate proceed to the subsection (b) shall be administered in accord- 2(b); and immediate consideration of Calendar ance with— (B) the Secretary of the Interior shall remain No. 195, H.R. 3619. (1) the Federal Land Policy and Management responsible for any cleanup of hazardous sub- The PRESIDING OFFICER. The Act of 1976 (43 U.S.C. 1701 et seq.); and stances on the Federal land described in section clerk will report the bill by title. 3(b). (2) any other applicable law (including regu- The legislative clerk read as follows: lations). (c) EFFECT ON EXISTING RIGHTS AND AUTHOR- A bill (H.R. 3619) to authorize appropria- SEC. 3. TRANSFER OF ADMINISTRATIVE JURIS- IZATIONS.—Nothing in this Act affects— DICTION TO THE FOREST SERVICE. (1) any valid existing rights; or tions for the Coast Guard for fiscal year 2010, and for other purposes. (a) IN GENERAL.—Administrative jurisdiction (2) the validity or term and conditions of any over the Federal land described in subsection (b) existing withdrawal, right-of-way, easement, There being no objection, the Senate is transferred from the Secretary of the Interior lease, license, or permit on the land to which proceeded to consider the bill. administrative jurisdiction is transferred under to the Secretary of Agriculture. Mr. CONRAD. This is the Statement (b) DESCRIPTION OF LAND.—The Federal land this Act, except that beginning on the date of enactment of this Act, the head of the agency to of Budgetary Effects of PAYGO Legis- referred to in subsection (a) is the land adminis- lation for H.R. 3619, as amended by S.A. tered by the Director of the Bureau of Land which administrative jurisdiction over the land Management in the Mount Diablo Meridian, is transferred shall be responsible for admin- 3912. This statement has been prepared California, as generally depicted on the map en- istering the interests or authorizations (includ- pursuant to Section 4 of the Statutory titled ‘‘Shasta-Trinity Administrative Jurisdic- ing reissuing the interests or authorizations in Pay-As-You-Go Act of 2010 (Public Law tion Transfer: Transfer from BLM to Forest accordance with applicable law). 111–139), and is being submitted for Service, Map 2’’ and dated November 23, 2009. The committee amendment in the printing in the CONGRESSIONAL RECORD (c) MANAGEMENT AND STATUS OF TRANS- nature of a substitute was agreed to. prior to passage of H.R. 3619, as amend- FERRED LAND.— The bill (H.R. 689), as amended, was ed, by the Senate. (1) IN GENERAL.—The Federal land described ordered to be read a third time, was in subsection (b) shall be— Total Budgetary Effects of H.R. 3619, as (A) withdrawn from the public domain; read the third time, and passed. amended for the 5-year Statutory PAYGO (B) reserved for administration as part of the f Scorecard: $2 million increase in the deficit. Shasta-Trinity National Forest; and Total Budgetary Effects of H.R. 3619, as (C) managed in accordance with the laws (in- BLUE RIDGE PARKWAY AND TOWN amended for the 10-year Statutory PAYGO cluding the regulations) generally applicable to OF BLOWING ROCK LAND EX- Scorecard: $6 million increase in the deficit. the National Forest System. CHANGE ACT OF 2009 Also submitted for the RECORD as (2) WILDERNESS ADMINISTRATION.—The land The bill (H.R. 1121) to authorize a part of this statement is a table pre- transferred to the Secretary of Agriculture under subsection (a) that is within the Trinity land exchange to acquire lands for the pared by the Congressional Budget Of- Alps Wilderness shall— Blue Ridge Parkway from the Town of fice, which provides additional infor- (A) not affect the wilderness status of the Blowing Rock, North Carolina, and for mation on the budgetary effects of this transferred land; and other purposes, was considered, ordered Act. CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR AN AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 3619, THE COAST GUARD AUTHORIZATION ACT FOR FISCAL YEAR 2010 AND 2011, AS PROVIDED TO CBO BY THE SENATE COMMITTEE ON SCIENCE, COMMERCE, AND TRANSPORTATION ON MAY 3, 2010

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Net Increase or Decrease (¥) in the Deficit Statutory Pay-As-You-Go Impact a ...... 0 0 0 0 0 0 0 0 0 0 0 2 6

a H.R. 3619 would increase by $4 million over the 2010–2020 period certain annual payments made by the Oil Spill Liability Trust Fund (an increase in direct spending). Provisions of the bill also would reduce offsetting receipts (a credit against direct spending) by about $2 million over the 2010–2020 period because the bill directs the Coast Guard to donate—rather than sell—certain properties to local governments in Michigan.

VerDate Mar 15 2010 02:13 May 08, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.017 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3432 CONGRESSIONAL RECORD — SENATE May 7, 2010 LIQUEFIED NATURAL GAS FACILITIES on the Coast Guard Reauthorization The bill (H.R. 3619) was read the third Mr. REED. Mr. President, I rise to bill. time and passed. engage in a colloquy with my colleague Mr. WHITEHOUSE. Mr. Chairman, I f from Rhode Island, Mr. WHITEHOUSE, share the sentiments of the senior Sen- and my colleague from West Virginia, ator from Rhode Island, Mr. REED. CONDEMNING THE CONTINUED DE- TENTION OF DAW AUNG SAN Mr. ROCKEFELLER. Rhode Islanders are strongly opposed Mr. President, I want to thank the to this project. Furthermore, the proc- SUU KYI chairman of the Commerce Committee ess for siting the LNG facility has af- Mr. WHITEHOUSE. Mr. President, I for his leadership in advancing this forded us too few opportunities to ad- ask unanimous consent that the For- bill. As he, Senator WHITEHOUSE, and I dress the impacts it will have on our eign Relations Committee be dis- have discussed, there is significant con- state’s economy, safety, and environ- charged from further consideration and cern with respect to the safety and se- ment. the Senate now proceed to S. Res. 480. curity of proposed liquefied natural The Coast Guard is charged with the The PRESIDING OFFICER. Without gas, LNG, facilities throughout the narrow task of determining whether objection, it is so ordered. country. Given the Deepwater Horizon LNG tankers can safely transit Rhode The clerk will report the resolution disaster in the Gulf of Mexico, we know Island waters on their way to an off- by title. that no system for handling volatile shore berthing station just on the The legislative clerk read as follows: substances is fool-proof. other side of the state line in Massa- A resolution (S. Res. 480) condemning the Over the last several years, the peo- chusetts. However, the safe transit of continued detention of Burmese democracy ple of Rhode Island have been greatly these tankers is only one of the many leader Daw Aung San Suu Kyi and calling on concerned about proposals to develop important considerations that can, and the military regime in Burma to permit a LNG facilities on or in close proximity should, be taken into account in deter- credible and fair election process and the to Rhode Island’s shores, as well as mining the suitability of such a transition to civilian, democratic rule. proposals to transit LNG traffic project. Narragansett Bay is the back- There being no objection, the Senate through our waterways. I have come to bone of the Rhode Island economy, as proceeded to consider the resolution. the floor on many occasions to express it sustains our fishing, recreation, and Mr. WHITEHOUSE. I ask unanimous my deep concerns about the wisdom of tourism sectors. The proposed LNG fa- consent that the amendment at the these projects; not as a matter of re- cility in Fall River threatens to under- desk be agreed to; the resolution, as flexive opposition to LNG but as a mat- mine these pillars of our economy. amended, be agreed to; the preamble be ter of the appropriateness of siting I am not opposed to LNG as a fuel agreed to, and the motion to reconsider these facilities with little State con- source. However, I have serious con- be laid upon the table. trol. cerns with the proposal under consider- The PRESIDING OFFICER. Without This includes a proposal in the Com- ation. The LNG tankers transiting objection, it is so ordered. monwealth of Massachusetts that will Rhode Island waters must pass through The amendment (No. 3913) was agreed have significant impact on the State of heavily populated communities, under to, as follows: Rhode Island, as it calls for vessels to the presence of heavy security. The (Purpose: To amend the resolving clause) transit through Narragansett Bay and Coast Guard admits that this will like- On page 2, beginning on line 7, strike ‘‘the off-load at an offshore berth in Mount ly displace other users of the bay and National League for Democracy and other Hope Bay just outside of Rhode Island disrupt traffic on the bridges the tank- opposition groups,’’ and insert ‘‘all political waters. Over the years, members of the ers must travel beneath. This is too groups and individuals dedicated to demo- high a burden for Rhode Island to carry cratic ideals,’’. Rhode Island and Massachusetts dele- On page 3, beginning on line 9, strike ‘‘(in- gations have raised concerns about this for a facility that is located in a neigh- boring state—and I am not convinced cluding the People’s Republic of China, the project, but the most severe impacts of Association of Southeast Asian Nations, and the vessel traffic and related safety and this burden is worth the marginal ben- the United Nations Security Council)’’ and security measures will be on Rhode Is- efits of the proposed LNG facility. insert ‘‘, as appropriate, in order’’. I thank the Chairman of the Senate land, which has very little authority to On page 3, line 17, strike ‘‘the National Commerce Committee, Senator ROCKE- influence the process. The Coast Guard League for Democracy and’’. FELLER, for his willingness to work has the responsibility of issuing so- The resolution (S. Res. 480), as with us on an issue critical to the called Letters of Recommendation to amended, was agreed to. State of Rhode Island. The preamble was agreed to. establish the suitability of a waterway Mr. ROCKEFELLER. I am aware of to accommodate this type of vessel The resolution, as amended, with its both Senators’ concerns and I will preamble reads as follows: traffic and operation. Its determina- work with each of you related to LNG S. RES. 480 tion is critical in the siting LNG facili- facilities during conference with the Whereas the military regime in Burma, ties. Unfortunately, Rhode Island, like House on the Coast Guard Reauthoriza- other states, has little recourse to ob- headed by General Than Shwe and the State tion bill. Peace and Development Council, continues ject to the findings or conditions laid Mr. REED. Thank you, Mr. Chair- out by the Coast Guard, even though to persecute Burmese democracy leader Daw man. I look forward to this issue being Aung San Suu Kyi and her supporters in the the bulk of the vessel activity will take addressed in the final Coast Guard Re- National League for Democracy, and ordi- place in its state waters. I believe the authorization bill. nary citizens of Burma, including ethnic mi- state should have a say about the ap- Mr. WHITEHOUSE. I ask unanimous norities, who publically and courageously propriateness of activities in its water- consent that the Cantwell substitute speak out against the regime’s many injus- ways and should be consulted, espe- amendment, which is at the desk, be tices; cially about the broader impacts of considered and agreed to; the bill, as Whereas Daw Aung San Suu Kyi has been imprisoned in Burma for 14 of the last 19 LNG facilities and vessel traffic on amended, be read a third time and other waterway users and on commu- years and many members of the National passed, the motion to reconsider be League for Democracy have been similarly nities. laid upon the table, and that any state- jailed, tortured, or killed; Although the underlying House bill ments be printed in the RECORD with- Whereas the Constitution adopted in 2008 includes a port security title, the sub- out further intervening action or de- and the election laws recently promulgated stitute does not. While I recognize that bate. effectively prohibit the National League for and that the Committee will be dealing The PRESIDING OFFICER. Without Democracy, Buddhist monks, ethnic minor- with port security legislation later this objection, it is so ordered. ity leaders, and Daw Aung San Suu Kyi from year, I think that it is critical that we The amendment (No. 3912) was agreed participating in upcoming elections, and do not leave much opportunity for domestic act on this issue as soon as possible. I to. would like to work with the Chairman dialogue among key stakeholders; and (The amendment is printed in today’s Whereas the persecution of the people of in crafting that bill, but I would also RECORD under ‘‘Text of Amendments.’’) Burma has continued even though the De- ask for his commitment to work to ad- The amendment was ordered to be partment of State has pursued a policy of en- dress the issues related to LNG facili- engrossed and the bill to be read a gagement with the military regime designed ties during conference with the House third time. to secure the release of political prisoners,

VerDate Mar 15 2010 02:13 May 08, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.022 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3433 foster national reconciliation, and facilitate The legislative clerk read as follows: Resolved, That the Senate— peaceful transition to civilian, democratic A resolution (H. Con. Res. 263) authorizing (1) designates May 21, 2010, as ‘‘Endangered rule: Now, therefore, be it the use of the Capitol Grounds for the Dis- Species Day’’; Resolved, That the Senate— trict of Columbia Special Olympics Law En- (2) encourages schools to spend at least 30 (1) condemns the continued detention of forcement Torch Run. minutes on Endangered Species Day teach- Burmese democracy leader Daw Aung San There being no objection, the Senate pro- ing and informing students about— Suu Kyi and all prisoners of conscience in ceeded to consider the concurrent resolution. (A) threats to endangered species around Burma, and calls for their immediate and un- Mr. WHITEHOUSE. I ask unanimous the world; and conditional release; (B) efforts to restore endangered species, (2) calls on the military regime in Burma consent the concurrent resolution be including the essential role of private land- to engage in dialogue with all political agreed to, the motion to reconsider be owners and private stewardship in the pro- groups and individuals dedicated to demo- laid upon the table without any inter- tection and recovery of species; cratic ideals, as well as with ethnic minori- vening action or debate, and any state- (3) encourages organizations, businesses, ties, to broaden political participation in an ments be printed in the RECORD. private landowners, and agencies with a environment free from fear and intimida- The PRESIDING OFFICER. Without shared interest in conserving endangered tion; objection, it is so ordered. species to collaborate in developing edu- (3) calls upon the Secretary of State to as- The concurrent resolution (H. Con. cational information for use in schools; and sess the effectiveness of the policy of engage- Res. 263) was agreed to. (4) encourages the people of the United ment with the military regime in Burma in States— furthering United States interests, and to f (A) to become educated about, and aware maintain, and consider strengthening, sanc- ENDANGERED SPECIES DAY of, threats to species, success stories in spe- tions against Burma if the military regime cies recovery, and opportunities to promote continues its systematic violation of human Mr. WHITEHOUSE. Mr. President, I species conservation worldwide; and rights and fails to embrace the democratic ask unanimous consent that the judici- (B) to observe the day with appropriate aspirations of the people of Burma; ary committee be discharged from fur- ceremonies and activities. (4) calls upon the Secretary of State to en- ther consideration of S. Res. 503 and f gage regional governments and multilateral the Senate proceed to its immediate organizations, as appropriate, in order to consideration. NATIONAL PHYSICAL EDUCATION push for the establishment of an environ- The PRESIDING OFFICER. Without AND SPORT WEEK ment in Burma that encourages the full and unfettered participation of the people of objection, it is so ordered. The clerk will report the resolution Burma in a democratic transition to civilian RECOGNIZING AMERICORPS rule; and by title. (5) calls on the Secretary of State to sup- The assistant legislative clerk read port the people of Burma in calling for sig- as follows: nificant constitutional and election reforms A resolution (S. Res. 503) designating May NATIONAL TRAIN DAY by the military regime, which will broaden 21, 2010 as ‘‘Endangered Species Day.’’ political participation, further democracy, There being no objection, the Senate NATIONAL NURSING HOME WEEK accountability, and responsive governance, proceeded to consider the resolution. and improve human rights in Burma. Mr. WHITEHOUSE. I ask unanimous Mr. WHITEHOUSE. Mr. President, I f consent the resolution be agreed to, ask unanimous consent that the Sen- AUTHORIZING THE USE OF THE the preamble be agreed to, the motions ate now proceed to the en bloc consid- CAPITOL GROUNDS to reconsider be laid upon the table, eration of the following Senate resolu- Mr. WHITEHOUSE. I ask unanimous with no intervening action or debate, tions: S. Res. 515, S. Res. 516, S. Res. consent that the Senate proceed to the and any statements be printed in the 517, S. Res. 518. immediate consideration of H. Con. RECORD. The PRESIDING OFFICER. Without Res. 247 which was received from the The PRESIDING OFFICER. Without objection, it is so ordered. House and is at the desk. objection, it is so ordered. Mr. WHITEHOUSE. I ask unanimous The PRESIDING OFFICER. The The resolution (S. Res. 503) was consent the resolutions be agreed to, clerk will report the concurrent resolu- agreed to. the preambles be agreed to, the mo- tion by title. The preamble was agreed to. tions to reconsider be laid upon the The legislative clerk read as follows: The resolution, with its preamble, table en bloc, and that any statements reads as follows: A concurrent resolution (H. Con. Res. 247) be printed in the RECORD. authorizing the use of the Capitol Grounds S. RES. 503 The PRESIDING OFFICER. Without for the Greater Washington Soap Box Derby. Whereas in the United States and around objection, it is so ordered. There being no objection, the Senate the world, more than 1,000 species are offi- The resolutions were agreed to. proceeded to consider the concurrent cially designated as at risk of extinction and The preambles were agreed to. thousands more also face a heightened risk resolution. The resolutions, with their pre- of extinction; ambles, read as follows: Mr. WHITEHOUSE. I ask unanimous Whereas the actual and potential benefits consent that the concurrent resolution that may be derived from many species have S. RES. 515 be agreed to, the motion to reconsider not yet been fully discovered and would be Whereas the week beginning May 2, 2010, is be laid upon the table with no inter- permanently lost if not for conservation ef- observed as National Physical Education and vening action or debate, and any state- forts; Sport Week; ments related to the measure be print- Whereas recovery efforts for species such Whereas a decline in physical activity has ed in the RECORD. as the whooping crane, Kirtland’s warbler, contributed to an unprecedented epidemic of The PRESIDING OFFICER. Without the peregrine falcon, the gray wolf, the gray childhood obesity in the United States, objection, it is so ordered. whale, the grizzly bear, and others have re- which has more than tripled since 1980; sulted in great improvements in the viabil- Whereas regular physical activity is nec- The concurrent resolution (H. Con. ity of such species; essary to support normal and healthy growth Res. 247) was agreed to. Whereas saving a species requires a com- in children and is essential to their contin- f bination of sound research, careful coordina- ued health and well-being; AUTHORIZING THE USE OF tion, and intensive management of conserva- Whereas, according to the Centers for Dis- tion efforts, along with increased public ease Control and Prevention, overweight CAPITOL GROUNDS awareness and education; adolescents have a 70 to 80 percent chance of Mr. WHITEHOUSE. Mr. President, I Whereas 2⁄3 of endangered or threatened becoming overweight adults, increasing their ask unanimous consent that the Sen- species reside on private lands; risk for chronic disease, disability, and ate proceed to the immediate consider- Whereas voluntary cooperative conserva- death; ation of H. Con. Res. 263, which was re- tion programs have proven to be critical to Whereas physical activity reduces the risk habitat restoration and species recovery; and of heart disease, high blood pressure, diabe- ceived from the House and is at the Whereas education and increasing public tes, and certain types of cancers; desk. awareness are the first steps in effectively Whereas type 2 diabetes can no longer be The PRESIDING OFFICER. The informing the public about endangered spe- referred to as ‘‘late in life’’ or ‘‘adult onset’’ clerk will report the concurrent resolu- cies and species restoration efforts: Now, diabetes because it occurs in children as tion by title. therefore, be it young as 10 years old;

VerDate Mar 15 2010 00:54 May 08, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.024 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3434 CONGRESSIONAL RECORD — SENATE May 7, 2010 Whereas the Physical Activity Guidelines (3) encourages school districts to imple- continental railroad and therefore con- for Americans, published by the Department ment local wellness policies, as described in necting both coasts of the United States; of Health and Human Services, recommend section 204 of the Child Nutrition and WIC Whereas in highly populated regions Am- that children engage in at least 60 minutes of Reauthorization Act of 2004 (42 U.S.C. 1751 trak trains and infrastructure carry inter- physical activity on most, and preferably all, note), that include ambitious goals for phys- city passengers and commuters to and from days of the week; ical education, physical activity, and other work in congested metropolitan areas, pro- Whereas, according to the Centers for Dis- activities addressing the childhood obesity viding a reliable rail option while reducing ease Control and Prevention, only 17 percent epidemic and promoting child wellness; and congestion on roads and in the skies; of high school students meet that goal of 60 (4) encourages schools to offer physical Whereas Amtrak ridership in Fiscal Year minutes of physical activity a day; education classes to students and to work 2009 reached 27.1 million passengers from 46 Whereas children spend many of their wak- with community partners to provide oppor- states; ing hours at school and therefore need to be tunities and safe spaces for physical activi- Whereas, for many rural Americans, Am- active during the school day to meet the rec- ties before and after school and during the trak represents the only major intercity ommendations of the Physical Activity summer months for all children and youth. transportation link to the rest of the coun- Guidelines for Americans; S. RES. 516 try; Whereas, according to the Centers for Dis- Whereas passenger rail provides a fuel-effi- ease Control and Prevention, 1 in 4 children Whereas, since its inception in 1994, the cient transportation system, thereby pro- in the United States does not attend any AmeriCorps national service program has viding clean transportation alternatives and school physical education classes and fewer proven to be a highly effective way to engage energy security; than 1 in 4 children in the United States en- the people of the United States in meeting a Whereas, when combined with all modes of gage in 20 minutes of vigorous physical ac- wide range of local and national needs and transportation, passenger railroads emit tivity each day; promoting the ethic of service and volun- only 0.2 percent of the travel industry’s total Whereas teaching children about physical teering; greenhouse gases and one freight train can activity and sports not only ensures that Whereas, each year, AmeriCorps provides move a ton of freight 480 miles on one gallon they are physically active during the school opportunities for approximately 85,000 indi- of fuel; day, but also educates them on how to be viduals across the United States to give back Whereas developing this pipeline of na- physically active and the importance of in an intensive way to their communities, tional high-speed and intercity passenger being physically active; their States, and the Nation; rail projects will revitalize the domestic Whereas, according to a 2006 survey by the Whereas those individuals improve the manufacturing industry and create addi- Department of Health and Human Services, lives of the Nation’s most vulnerable citi- tional American jobs building on the one 3.8 percent of elementary schools, 7.9 percent zens, protect the environment, contribute to million good-paying, middle-class-creating of middle schools, and 2.1 percent of high public safety, respond to disasters, and American jobs that can never be off-shored schools provide daily physical education strengthen the educational system; that are already supported by the rail indus- classes or the equivalent for the entire Whereas AmeriCorps members serve thou- try; school year, and 22 percent of schools do not sands of nonprofit organizations, schools, Whereas ridership on Amtrak grew every require students to take any physical edu- and faith-based and community organiza- year from 2000 through 2008, and is currently cation classes at all; tions each year; on track for 2010 to be its best ridership year Whereas, according to that survey, 13.7 Whereas AmeriCorps members, after their ever, further demonstrating the increased percent of elementary schools, 15.2 percent of terms of service end, are more likely to re- demand for intercity passenger rail services; middle schools, and 3.0 percent of high main engaged in their communities as volun- and schools provided physical education at least teers, teachers, and nonprofit professionals Whereas our railroad system is a source of 3 days per week, or the equivalent thereof, than the average individual; civic pride, the gateway to our communities for the entire school year for students in all Whereas, on April 21, 2009, President and a tool for economic growth that creates grades in the school; Barack Obama signed the Serve America Act transportation-oriented development and Whereas research shows that fit and active (Public Law 111–13; 123 Stat. 1460) into law, children are more likely to thrive academi- livable communities: Now, therefore, be it which was passed by bipartisan majorities in Resolved, That the Senate supports the cally; both the House of Representatives and the goals and ideals of National Train Day, as Whereas increased time in physical edu- Senate and reauthorized AmeriCorps and designated by Amtrak. cation classes can improve children’s atten- will expand AmeriCorps programs to incor- S. RES. 518 tion and concentration and result in higher porate 250,000 members each year; test scores; Whereas national service programs have Whereas more than 1,500,000 elderly and Whereas participation in sports teams and engaged millions of people in the United disabled individuals live in the nearly 16,000 physical activity clubs, which are often orga- States in results-driven service in the Na- nursing facilities in the United States; nized by schools and run outside the regular tion’s most vulnerable communities, pro- Whereas the annual celebration of Na- school day, can improve students’ grade viding hope and help to people facing eco- tional Nursing Home Week invites people in point averages, attachment to schools, edu- nomic and social needs; communities nationwide to recognize nurs- cational aspirations, and the likelihood of Whereas, in 2010, as the economic down- ing home residents and staff for their con- graduating; turn puts millions of people in the United tributions to their communities; Whereas participation in sports and other States at risk, national service and volun- Whereas the theme for National Nursing physical activities also improves self-esteem teering are more important than ever; and Home Week in 2010 is ‘‘Enriching Every and body image in children and adults; Whereas AmeriCorps Week, observed in Day’’, honoring caregivers who are ‘‘enrich- Whereas children and youth who take part 2010 from May 8 through May 15, provides the ing every day’’ for elderly and disabled indi- in physical activity and sports programs de- perfect opportunity for AmeriCorps mem- viduals, adding value to their lives and help- velop improved motor skills, healthy life- bers, alumni, grantees, program partners, ing them to overcome many of the infir- styles, improved social skills, a sense of fair and friends to shine a spotlight on the work mities of age and disability; play, strong teamwork skills, and self-dis- done by AmeriCorps members and to moti- Whereas nursing homes are intimate com- cipline and avoid risky behaviors; vate more people in the United States to munities where acts of caring, kindness, and Whereas the social and environmental fac- serve their communities: Now, therefore, be respect are the norm; tors affecting children are in the control of it Whereas, when the positive bond that nat- the adults and the communities in which Resolved, That the Senate— urally develops between patients and their children live, and therefore the Nation (1) recognizes the contributions of caregivers is established, patients experience shares a collective responsibility in revers- AmeriCorps members to the lives of the peo- not only better physical care and healing, ing the childhood obesity trend; ple of the United States; but also enrichment of the mind, heart, and Whereas efforts to improve the fitness (2) acknowledges the significant accom- spirit and an affirmation of their value; and level of children who are not physically fit plishments of AmeriCorps members, alumni, Whereas National Nursing Home Week rec- may also result in improvements in aca- and community partners; and ognizes the people who provide care to the demic performance; and (3) encourages the people of the United Nation’s most vulnerable population: Now, Whereas the Senate strongly supports ef- States to join in a national effort to salute therefore, be it forts to increase physical activity and par- AmeriCorps members and alumni and raise Resolved, That the Senate— ticipation of youth in sports: Now, therefore, awareness about the importance of national (1) designates the week beginning May 9, be it and community service. 2010, as ‘‘National Nursing Home Week’’; Resolved, That the Senate— (2) recognizes that a majority of people in (1) designates the week beginning May 2, S. RES. 517 the United States, because of social needs, 2010, as ‘‘National Physical Education and Whereas on May 10, 1869, the ‘‘golden disability, trauma, or illness, will require Sport Week’’; spike’’ was driven into the final tie at Prom- long-term care services at some point in (2) recognizes the central role of physical ontory Summit, Utah, to join the Central their lives; education and sports in creating healthy life- Pacific and the Union Pacific Railroads, (3) honors nursing home residents and the styles for all children and youth; ceremonially completing the first trans- people who care for them each day, including

VerDate Mar 15 2010 00:54 May 08, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.030 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3435 family members, volunteers, and dedicated ers who are unable to receive signals public television programming and long-term care professionals, for their con- over-the-air. Vermont is an example of low-power, community-oriented sta- tributions to their communities and the how cable and satellite companies can tions that will promote media diver- United States; and provide service to consumers in rural sity. (4) encourages the people of the United States to observe National Nursing Home areas who might not otherwise receive This is the third time the Senate will Week with appropriate ceremonies and ac- these signals. have passed substantially the same re- tivities. Vermonters will see improved service authorization language. The bill is the when this legislation is enacted. f product of many hours of hard work Today, DirecTV is permitted to use the and compromise among four commit- SATELLITE TELEVISION licenses to provide Windham and EXTENSION AND LOCALISM ACT tees in both Houses of Congress. No Bennington Counties with stations single member or committee chairman The PRESIDING OFFICER. I ask from the Burlington television market, would have written it in this exact but DISH Network is not. This legisla- unanimous consent that the Senate way, but the final language represents tion will permit DISH to provide their proceed to the immediate consider- a fair compromise on important issues. subscribers in southern Vermont with ation of S. 3333, introduced earlier For instance, I would have preferred the same service. As soon as DISH Net- today. the approach included in the Senate work uses this authority, virtually ev- The PRESIDING OFFICER. The Judiciary Committee-approved bill for eryone in the State will be able to ac- clerk will report the bill by title. providing incentives to DISH Network The legislative clerk read as follows: cess the news and information that is to launch additional local markets, truly important to Vermonters. A bill (S. 3333) to extend the statutory li- rather than lifting a court-ordered in- cense for secondary transmissions under One other important way that title 17, United States Code, and for other STELA will preserve and improve ex- junction. As a matter of policy, lifting purposes. isting service for consumers is by cor- a court-ordered injunction based on There being no objection, the Senate recting a flaw in the statutory copy- copyright infringement is something I proceeded to consider the bill. right license for the cable industry. An generally do not support, but others in- Mr. LEAHY. Mr. President, I am unintended result of current law is sisted upon it and it is part of the com- pleased that the Senate will pass the that the cable license requires the promise embodied in STELA. Satellite Television Extension and Lo- cable industry to pay copyright holders Overall, this is a good bill that will calism Act, STELA, of 2010. This legis- for signals that many of their sub- preserve and improve the service that lation modernizes and extends impor- scribers do not actually receive. This is consumers across the country are ac- tant statutory copyright licenses that often referred to as the phantom signal customed to receiving. I hope the third allow cable and satellite companies to problem. The effect of this anomaly in time the Senate passes it will be the retransmit the content transmitted by the law is that Comcast is required to final time and that it will be consid- television broadcasters. STELA also pay copyright royalties based on their ered promptly by the House and signed includes important Communications subscriber base across the northeast into law by the President. Act authorizations that allow for the for the Canadian television content Mr. CONRAD: This is the Statement retransmission of broadcast television that is only provided to subscribers in of Budgetary Effects of PAYGO Legis- signals by satellite and cable providers. Burlington, VT. lation for S. 3333. This statement has Ensuring that Americans have access The bill corrects this flaw by giving been prepared pursuant to Section 4 of to broadcast television content is im- the cable industry the flexibility to the Statutory Pay-As-You-Go Act of portant, and it is particularly relevant continue to provide signals that are 2010 (Public Law 111–139), and is being for consumers in rural areas who might tailored to local interests—signals that submitted for printing in the CONGRES- not otherwise be able to receive these might otherwise have been pulled from SIONAL RECORD prior to passage of S. signals over-the-air. The legislation cable line-ups. This will benefit indus- 3333 by the Senate. that the Senate is passing today will try and consumers. For instance, sub- ensure that nobody will be left in the scribers in Burlington will still be able Total Budgetary Effects of S. 3333 for the 5- year Statutory PAYGO Scorecard: $0. dark for the foreseeable future. Broad- to receive programming such as ‘‘Hock- cast television plays a critical role in ey Night in Canada,’’ which has been a Total Budgetary Effects of S. 3333 for the 10- year Statutory PAYGO Scorecard: $0. cities and towns across the country, tradition, without fear that Comcast and remains the primary way in which will have to remove the channel or Also submitted for the RECORD as consumers are able to access local con- raise prices because it is being charged part of this statement is a table pre- tent such as news, weather, and sports. royalties based on subscribers in Bos- pared by the Congressional Budget Of- Cable and satellite providers help to ton. fice, which provides additional infor- expand the footprint of broadcast sta- In addition, the legislation will ex- mation on the budgetary effects of this tions by allowing them to reach view- pand consumer access to their States’ Act. CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR A BILL TO EXTEND THE STATUTORY LICENSE FOR SECONDARY TRANSMISSIONS UNDER TITLE 17, UNITED STATES CODE, AND FOR OTHER PURPOSES AS PROVIDED TO CBO BY THE SENATE COMMITTEE ON THE JUDICIARY ON MAY 6, 2010

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Net Increase or Decrease (¥) in the Deficit Statutory Pay-As-You-Go Impact a ...... 0 0 0 0 0 0 0 0 0 0 0 0 0

a The bill would authorize the Copyright Office to charge fees to cable and satellite providers to offset a portion of the costs of operating the copyright licensing program. This provision would increase both revenues and direct spending by $8 million over the 2010–2020 period.

Mr. WHITEHOUSE. I ask unanimous S. 3333 TITLE I—STATUTORY LICENSES consent that the bill be read a third Be it enacted by the Senate and House of Rep- Sec. 101. Reference. time; passed, and the motion to recon- resentatives of the United States of America in Sec. 102. Modifications to statutory license sider be laid upon the table, and that Congress assembled, for satellite carriers. any statements relating to the meas- Sec. 103. Modifications to statutory license SECTION 1. SHORT TITLE; TABLE OF CONTENTS. for satellite carriers in local ure be printed in the RECORD. (a) SHORT TITLE.—This Act may be cited as markets. The PRESIDING OFFICER. Without the ‘‘Satellite Television Extension and Lo- Sec. 104. Modifications to cable system sec- objection, it is so ordered. calism Act of 2010’’. ondary transmission rights under section 111. (b) TABLE OF CONTENTS.—The table of con- The bill (S. 3333) was ordered to be Sec. 105. Certain waivers granted to pro- tents for this Act is as follows: engrossed for a third reading, was read viders of local-into-local serv- the third time and passed, as follows: Sec. 1. Short title; table of contents. ice for all DMAs.

VerDate Mar 15 2010 02:22 May 08, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0655 E:\CR\FM\A07MY6.028 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3436 CONGRESSIONAL RECORD — SENATE May 7, 2010 Sec. 106. Copyright Office fees. tour, as defined in regulations issued by the (C) in subparagraph (B)— Sec. 107. Termination of license. Federal Communications Commission (sec- (i) by striking ‘‘January 2, 2005, the Librar- Sec. 108. Construction. tion 73.622(e) of title 47, Code of Federal Reg- ian of Congress’’ and inserting ‘‘June 1, 2010, TITLE II—COMMUNICATIONS ulations), as such regulations may be amend- the Copyright Royalty Judges’’; and PROVISIONS ed from time to time;’’; (ii) by striking ‘‘primary analog trans- (B) in subparagraph (B)— Sec. 201. Reference. mission’’ and inserting ‘‘primary trans- (i) by striking ‘‘subsection (a)(14)’’ and in- Sec. 202. Extension of authority. missions’’; Sec. 203. Significantly viewed stations. serting ‘‘subsection (a)(13),’’; and (D) in subparagraph (C), by striking ‘‘Li- Sec. 204. Digital television transition con- (ii) by striking ‘‘Satellite Home Viewer Ex- brarian of Congress’’ and inserting ‘‘Copy- forming amendments. tension and Reauthorization Act of 2004’’ and right Royalty Judges’’; Sec. 205. Application pending completion of inserting ‘‘Satellite Television Extension (E) in subparagraph (D)— rulemakings. and Localism Act of 2010’’; and (i) in clause (i)— Sec. 206. Process for issuing qualified carrier (C) in subparagraph (D), by striking (I) by striking ‘‘(i) Voluntary agreements’’ certification. ‘‘(a)(12)’’ and inserting ‘‘(a)(11)’’. and inserting the following: (2) QUALIFYING DATE DEFINED.—Section Sec. 207. Nondiscrimination in carriage of ‘‘(i) VOLUNTARY AGREEMENTS; FILING.—Vol- 119(d) is amended by adding at the end the high definition digital signals untary agreements’’; and following: of noncommercial educational (II) by striking ‘‘that a parties’’ and insert- ‘‘(14) QUALIFYING DATE.—The term ‘quali- television stations. ing ‘‘that are parties’’; and fying date’, for purposes of paragraph (10)(A), Sec. 208. Savings clause regarding defini- (ii) in clause (ii)— means— tions. (I) by striking ‘‘(ii)(I) Within’’ and insert- ‘‘(A) October 1, 2010, for multicast streams Sec. 209. State public affairs broadcasts. ing the following: that exist on March 31, 2010; and ‘‘(ii) PROCEDURE FOR ADOPTION OF FEES.— TITLE III—REPORTS AND SAVINGS ‘‘(B) January 1, 2011, for all other multicast ‘‘(I) PUBLICATION OF NOTICE.—Within’’; PROVISION streams.’’. (II) in subclause (I), by striking ‘‘an arbi- Sec. 301. Definition. (c) FILING FEE.—Section 119(b)(1) is amend- Sec. 302. Report on market based alter- ed— tration proceeding pursuant to subparagraph natives to statutory licensing. (1) in subparagraph (A), by striking ‘‘and’’ (E)’’ and inserting ‘‘a proceeding under sub- Sec. 303. Report on communications impli- after the semicolon at the end; paragraph (F)’’; cations of statutory licensing (2) in subparagraph (B), by striking the pe- (III) in subclause (II), by striking ‘‘(II) modifications. riod and inserting ‘‘; and’’; and Upon receiving a request under subclause (I), Sec. 304. Report on in-state broadcast pro- (3) by adding at the end the following: the Librarian of Congress’’ and inserting the gramming. ‘‘(C) a filing fee, as determined by the Reg- following: Sec. 305. Local network channel broadcast ister of Copyrights pursuant to section ‘‘(II) PUBLIC NOTICE OF FEES.—Upon receiv- reports. 708(a).’’. ing a request under subclause (I), the Copy- Sec. 306. Savings provision regarding use of (d) DEPOSIT OF STATEMENTS AND FEES; right Royalty Judges’’; and negotiated licenses. VERIFICATION PROCEDURES.—Section 119(b) is (IV) in subclause (III)— Sec. 307. Effective date; Noninfringement of amended— (aa) by striking ‘‘(III) The Librarian’’ and copyright. (1) by amending the subsection heading to inserting the following: ‘‘(III) ADOPTION OF FEES.—The Copyright TITLE IV—SEVERABILITY read as follows: ‘‘(b) DEPOSIT OF STATEMENTS AND FEES; VERIFICATION PROCEDURES.—’’; Royalty Judges’’; Sec. 401. Severability. (2) in paragraph (1), by striking subpara- (bb) by striking ‘‘an arbitration pro- TITLE V—DETERMINATION OF graph (B) and inserting the following: ceeding’’ and inserting ‘‘the proceeding BUDGETARY EFFECTS ‘‘(B) a royalty fee payable to copyright under subparagraph (F)’’; and Sec. 501. Determination of Budgetary Ef- owners pursuant to paragraph (4) for that 6- (cc) by striking ‘‘the arbitration pro- fects. month period, computed by multiplying the ceeding’’ and inserting ‘‘that proceeding’’; TITLE I—STATUTORY LICENSES total number of subscribers receiving each (F) in subparagraph (E)— secondary transmission of a primary stream (i) by striking ‘‘Copyright Office’’ and in- SEC. 101. REFERENCE. or multicast stream of each non-network serting ‘‘Copyright Royalty Judges’’; and Except as otherwise provided, whenever in station or network station during each cal- (ii) by striking ‘‘May 31, 2010’’ and insert- this title an amendment is made to a section endar year month by the appropriate rate in ing ‘‘December 31, 2014’’; and or other provision, the reference shall be effect under this subsection; and’’; (G) in subparagraph (F)— considered to be made to such section or pro- (3) by redesignating paragraphs (2), (3), and (i) in the heading, by striking ‘‘COMPUL- vision of title 17, United States Code. (4) as paragraphs (3), (4), and (5), respec- SORY ARBITRATION’’ and inserting ‘‘COPYRIGHT SEC. 102. MODIFICATIONS TO STATUTORY LI- tively; ROYALTY JUDGES PROCEEDING’’; CENSE FOR SATELLITE CARRIERS. (4) by inserting after paragraph (1) the fol- (ii) in clause (i)— (a) HEADING RENAMED.— lowing: (I) in the heading, by striking ‘‘PRO- (1) IN GENERAL.—The heading of section 119 ‘‘(2) VERIFICATION OF ACCOUNTS AND FEE CEEDINGS’’ and inserting ‘‘THE PROCEEDING’’; is amended by striking ‘‘superstations and PAYMENTS.—The Register of Copyrights shall (II) in the matter preceding subclause (I)— network stations for private home viewing’’ issue regulations to permit interested par- (aa) by striking ‘‘May 1, 2005, the Librarian and inserting ‘‘distant television program- ties to verify and audit the statements of ac- of Congress’’ and inserting ‘‘September 1, ming by satellite’’. count and royalty fees submitted by satellite 2010, the Copyright Royalty Judges’’; (2) TABLE OF CONTENTS.—The table of con- carriers under this subsection.’’; (bb) by striking ‘‘arbitration proceedings’’ tents for chapter 1 is amended by striking (5) in paragraph (3), as redesignated, in the and inserting ‘‘a proceeding’’; the item relating to section 119 and inserting first sentence— (cc) by striking ‘‘fee to be paid’’ and insert- the following: (A) by inserting ‘‘(including the filing fee ing ‘‘fees to be paid’’; ‘‘119. Limitations on exclusive rights: Sec- specified in paragraph (1)(C))’’ after ‘‘shall (dd) by striking ‘‘primary analog trans- ondary transmissions of distant receive all fees’’; and mission’’ and inserting ‘‘the primary trans- television programming by sat- (B) by striking ‘‘paragraph (4)’’ and insert- missions’’; and ellite.’’. ing ‘‘paragraph (5)’’; (ee) by striking ‘‘distributors’’ and insert- (b) UNSERVED HOUSEHOLD DEFINED.— (6) in paragraph (4), as redesignated— ing ‘‘distributors—’’; (1) IN GENERAL.—Section 119(d)(10) is (A) by striking ‘‘paragraph (2)’’ and insert- (III) in subclause (II)— amended— ing ‘‘paragraph (3)’’; and (aa) by striking ‘‘Librarian of Congress’’ (A) by striking subparagraph (A) and in- (B) by striking ‘‘paragraph (4)’’ each place and inserting ‘‘Copyright Royalty Judges’’; serting the following: it appears and inserting ‘‘paragraph (5)’’; and and ‘‘(A) cannot receive, through the use of an (7) in paragraph (5), as redesignated, by (bb) by striking ‘‘arbitration’’; and antenna, an over-the-air signal containing striking ‘‘paragraph (2)’’ and inserting (IV) by amending the last sentence to read the primary stream, or, on or after the quali- ‘‘paragraph (3)’’. as follows: ‘‘Such proceeding shall be con- fying date, the multicast stream, originating (e) ADJUSTMENT OF ROYALTY FEES.—Sec- ducted under chapter 8.’’; in that household’s local market and affili- tion 119(c) is amended as follows: (iii) in clause (ii), by amending the matter ated with that network of— (1) Paragraph (1) is amended— preceding subclause (I) to read as follows: ‘‘(i) if the signal originates as an analog (A) in the heading for such paragraph, by ‘‘(ii) ESTABLISHMENT OF ROYALTY FEES.—In signal, Grade B intensity as defined by the striking ‘‘ANALOG’’; determining royalty fees under this subpara- Federal Communications Commission in sec- (B) in subparagraph (A)— graph, the Copyright Royalty Judges shall tion 73.683(a) of title 47, Code of Federal Reg- (i) by striking ‘‘primary analog trans- establish fees for the secondary trans- ulations, as in effect on January 1, 1999; or missions’’ and inserting ‘‘primary trans- missions of the primary transmissions of ‘‘(ii) if the signal originates as a digital missions’’; and network stations and non-network stations signal, intensity defined in the values for the (ii) by striking ‘‘July 1, 2004’’ and inserting that most clearly represent the fair market digital television noise-limited service con- ‘‘July 1, 2009’’; value of secondary transmissions, except

VerDate Mar 15 2010 00:54 May 08, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.031 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3437 that the Copyright Royalty Judges shall ad- ‘‘(ii) if there is no stream described in subclause (I), in determining presumptively just royalty fees to account for the obliga- clause (i), then the single digital stream of whether a person resides in an unserved tions of the parties under any applicable vol- programming affiliated with the network household under subsection (d)(10)(A) with untary agreement filed with the Copyright that, as of July 1, 2009, had been offered by respect to digital signals, a court shall rely Royalty Judges in accordance with subpara- the television broadcast station for the long- on a predictive model set forth by the Fed- graph (D). In determining the fair market est period of time.’’. eral Communications Commission pursuant value, the Judges shall base their decision on (6) CLERICAL AMENDMENT.—Section 119(d) is to a rulemaking as provided in section economic, competitive, and programming in- amended in paragraphs (1), (2), and (5) by 339(c)(3) of the Communications Act of 1934 formation presented by the parties, includ- striking ‘‘which’’ each place it appears and (47 U.S.C. 339(c)(3)), as that model may be ing—’’; inserting ‘‘that’’. amended by the Commission over time under (iv) by amending clause (iii) to read as fol- (g) SUPERSTATION REDESIGNATED AS NON- such section to increase the accuracy of that lows: NETWORK STATION.—Section 119 is amended— model. Until such time as the Commission ‘‘(iii) EFFECTIVE DATE FOR DECISION OF (1) by striking ‘‘superstation’’ each place it sets forth such model, a court shall rely on COPYRIGHT ROYALTY JUDGES.—The obligation appears in a heading and each place it ap- the predictive model as recommended by the to pay the royalty fees established under a pears in text and inserting ‘‘non-network Commission with respect to digital signals determination that is made by the Copyright station’’; and in its Report to Congress in ET Docket No. Royalty Judges in a proceeding under this (2) by striking ‘‘superstations’’ each place 05–182, FCC 05–199 (released December 9, paragraph shall be effective as of January 1, it appears in a heading and each place it ap- 2005).’’. 2010.’’; and pears in text and inserting ‘‘non-network (2) MODIFICATIONS TO STATUTORY LICENSE (v) in clause (iv)— stations’’. WHERE RETRANSMISSIONS INTO LOCAL MARKET (I) in the heading, by striking ‘‘FEE’’ and (h) REMOVAL OF CERTAIN PROVISIONS.— AVAILABLE.—Section 119(a)(3) (as redesig- inserting ‘‘FEES’’; and (1) REMOVAL OF PROVISIONS.—Section 119(a) nated) is amended— (II) by striking ‘‘fee referred to in (iii)’’ and is amended— (A) by striking ‘‘analog’’ each place it ap- inserting ‘‘fees referred to in clause (iii)’’. (A) in paragraph (2), by striking subpara- pears in a heading and text; (2) Paragraph (2) is amended to read as fol- graph (C) and redesignating subparagraph (B) by striking subparagraphs (B), (C), and lows: (D) as subparagraph (C); (D), and inserting the following: ‘‘(2) ANNUAL ROYALTY FEE ADJUSTMENT.— (B) by striking paragraph (3) and redesig- ‘‘(B) RULES FOR LAWFUL SUBSCRIBERS AS OF Effective January 1 of each year, the royalty nating paragraphs (4) through (14) as para- DATE OF ENACTMENT OF 2010 ACT.—In the case fee payable under subsection (b)(1)(B) for the graphs (3) through (13), respectively; and of a subscriber of a satellite carrier who, on secondary transmission of the primary (C) by striking paragraph (15) and redesig- the day before the date of the enactment of transmissions of network stations and non- nating paragraph (16) as paragraph (14). the Satellite Television Extension and Lo- network stations shall be adjusted by the (2) CONFORMING AMENDMENTS.—Section 119 calism Act of 2010, was lawfully receiving the Copyright Royalty Judges to reflect any is amended— secondary transmission of the primary changes occurring in the cost of living as de- (A) in subsection (a)— transmission of a network station under the termined by the most recent Consumer Price (i) in paragraph (1), by striking ‘‘(5), (6), statutory license under paragraph (2) (in this Index (for all consumers and for all items) and (8)’’ and inserting ‘‘(4), (5), and (7)’’; subparagraph referred to as the ‘distant sig- published by the Secretary of Labor before (ii) in paragraph (2)— nal’), other than subscribers to whom sub- December 1 of the preceding year. Notifica- (I) in subparagraph (A), by striking ‘‘sub- paragraph (A) applies, the statutory license tion of the adjusted fees shall be published in paragraphs (B) and (C) of this paragraph and under paragraph (2) shall apply to secondary the Federal Register at least 25 days before paragraphs (5), (6), (7), and (8)’’ and inserting transmissions by that satellite carrier to January 1.’’. ‘‘subparagraph (B) of this paragraph and that subscriber of the distant signal of a sta- (f) DEFINITIONS.— paragraphs (4), (5), (6), and (7)’’; tion affiliated with the same television net- (1) SUBSCRIBER.—Section 119(d)(8) is (II) in subparagraph (B)(i), by striking the work, and the subscriber’s household shall amended to read as follows: second sentence; and continue to be considered to be an unserved ‘‘(8) SUBSCRIBER; SUBSCRIBE.— (III) in subparagraph (C) (as redesignated), household with respect to such network, ‘‘(A) SUBSCRIBER.—The term ‘subscriber’ by striking clauses (i) and (ii) and inserting until such time as the subscriber elects to means a person or entity that receives a sec- the following: terminate such secondary transmissions, ondary transmission service from a satellite ‘‘(i) INITIAL LISTS.—A satellite carrier that whether or not the subscriber elects to sub- carrier and pays a fee for the service, di- makes secondary transmissions of a primary scribe to receive the secondary transmission rectly or indirectly, to the satellite carrier transmission made by a network station pur- of the primary transmission of a local net- or to a distributor. suant to subparagraph (A) shall, not later work station affiliated with the same net- ‘‘(B) SUBSCRIBE.—The term ‘subscribe’ than 90 days after commencing such sec- work pursuant to the statutory license under means to elect to become a subscriber.’’. ondary transmissions, submit to the network section 122. (2) LOCAL MARKET.—Section 119(d)(11) is that owns or is affiliated with the network ‘‘(C) FUTURE APPLICABILITY.— amended to read as follows: station a list identifying (by name and ad- ‘‘(i) WHEN LOCAL SIGNAL AVAILABLE AT TIME ‘‘(11) LOCAL MARKET.—The term ‘local mar- dress, including street or rural route num- OF SUBSCRIPTION.—The statutory license ket’ has the meaning given such term under ber, city, State, and 9-digit zip code) all sub- under paragraph (2) shall not apply to the section 122(j).’’. scribers to which the satellite carrier makes secondary transmission by a satellite carrier (3) LOW POWER TELEVISION STATION.—Sec- secondary transmissions of that primary of the primary transmission of a network tion 119(d) is amended by striking paragraph transmission to subscribers in unserved station to a person who is not a subscriber (12) and redesignating paragraphs (13) and households. lawfully receiving such secondary trans- (14) as paragraphs (12) and (13), respectively. ‘‘(ii) MONTHLY LISTS.—After the submission mission as of the date of the enactment of (4) MULTICAST STREAM.—Section 119(d), as of the initial lists under clause (i), the sat- the Satellite Television Extension and Lo- amended by paragraph (3), is further amend- ellite carrier shall, not later than the 15th of calism Act of 2010 and, at the time such per- ed by adding at the end the following new each month, submit to the network a list, son seeks to subscribe to receive such sec- paragraph: aggregated by designated market area, iden- ondary transmission, resides in a local mar- ‘‘(14) MULTICAST STREAM.—The term tifying (by name and address, including ket where the satellite carrier makes avail- ‘multicast stream’ means a digital stream street or rural route number, city, State, able to that person the secondary trans- containing programming and program-re- and 9-digit zip code) any persons who have mission of the primary transmission of a lated material affiliated with a television been added or dropped as subscribers under local network station affiliated with the network, other than the primary stream.’’. clause (i) since the last submission under same network pursuant to the statutory li- (5) PRIMARY STREAM.—Section 119(d), as this subparagraph.’’; and cense under section 122. amended by paragraph (4), is further amend- (iii) in subparagraph (E) of paragraph (3) ‘‘(ii) WHEN LOCAL SIGNAL AVAILABLE AFTER ed by adding at the end the following new (as redesignated)— SUBSCRIPTION.—In the case of a subscriber paragraph: (I) by striking ‘‘under paragraph (3) or’’; who lawfully subscribes to and receives the ‘‘(15) PRIMARY STREAM.—The term ‘primary and secondary transmission by a satellite carrier stream’ means— (II) by striking ‘‘paragraph (12)’’ and in- of the primary transmission of a network ‘‘(A) the single digital stream of program- serting ‘‘paragraph (11)’’; and station under the statutory license under ming as to which a television broadcast sta- (B) in subsection (b)(1), by striking the paragraph (2) (in this clause referred to as tion has the right to mandatory carriage final sentence. the ‘distant signal’) on or after the date of with a satellite carrier under the rules of the (i) MODIFICATIONS TO PROVISIONS FOR SEC- the enactment of the Satellite Television Federal Communications Commission in ef- ONDARY TRANSMISSIONS BY SATELLITE CAR- Extension and Localism Act of 2010, the stat- fect on July 1, 2009; or RIERS.— utory license under paragraph (2) shall apply ‘‘(B) if there is no stream described in sub- (1) PREDICTIVE MODEL.—Section to secondary transmissions by that satellite paragraph (A), then either— 119(a)(2)(B)(ii) is amended by adding at the carrier to that subscriber of the distant sig- ‘‘(i) the single digital stream of program- end the following: nal of a station affiliated with the same tele- ming associated with the network last trans- ‘‘(III) ACCURATE PREDICTIVE MODEL WITH RE- vision network, and the subscriber’s house- mitted by the station as an analog signal; or SPECT TO DIGITAL SIGNALS.—Notwithstanding hold shall continue to be considered to be an

VerDate Mar 15 2010 00:54 May 08, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.031 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3438 CONGRESSIONAL RECORD — SENATE May 7, 2010 unserved household with respect to such net- ‘‘(A) the secondary transmission is made reason of such secondary transmissions, to work, until such time as the subscriber by a satellite carrier to the public; make any other secondary transmissions. elects to terminate such secondary trans- ‘‘(B) with regard to secondary trans- ‘‘(4) SPECIAL EXCEPTIONS.—A secondary missions, but only if such subscriber sub- missions, the satellite carrier is in compli- transmission of a performance or display of a scribes to the secondary transmission of the ance with the rules, regulations, or author- work embodied in a primary transmission of primary transmission of a local network sta- izations of the Federal Communications a television broadcast station to subscribers tion affiliated with the same network within Commission governing the carriage of tele- who receive secondary transmissions of pri- 60 days after the satellite carrier makes vision broadcast station signals; and mary transmissions under paragraph (1) available to the subscriber such secondary ‘‘(C) the satellite carrier makes a direct or shall, if the secondary transmission is made transmission of the primary transmission of indirect charge for the secondary trans- by a satellite carrier that complies with the such local network station.’’; mission to— requirements of paragraph (1), be subject to (C) by redesignating subparagraphs (E), ‘‘(i) each subscriber receiving the sec- statutory licensing under this paragraph as (F), and (G) as subparagraphs (D), (E), and ondary transmission; or follows: (F), respectively; ‘‘(ii) a distributor that has contracted with ‘‘(A) STATES WITH SINGLE FULL-POWER NET- (D) in subparagraph (E) (as redesignated), the satellite carrier for direct or indirect de- WORK STATION.—In a State in which there is by striking ‘‘(C) or (D)’’ and inserting ‘‘(B) or livery of the secondary transmission to the licensed by the Federal Communications (C)’’; and public. Commission a single full-power station that (E) in subparagraph (F) (as redesignated), ‘‘(2) SIGNIFICANTLY VIEWED STATIONS.— was a network station on January 1, 1995, the by inserting ‘‘9-digit’’ before ‘‘zip code’’. ‘‘(A) IN GENERAL.—A secondary trans- statutory license provided for in this para- (3) STATUTORY DAMAGES FOR TERRITORIAL mission of a performance or display of a graph shall apply to the secondary trans- RESTRICTIONS.—Section 119(a)(6) (as redesig- work embodied in a primary transmission of mission by a satellite carrier of the primary nated) is amended— a television broadcast station to subscribers transmission of that station to any sub- (A) in subparagraph (A)(ii), by striking who receive secondary transmissions of pri- scriber in a community that is located with- ‘‘$5’’ and inserting ‘‘$250’’; mary transmissions under paragraph (1) in that State and that is not within the first (B) in subparagraph (B)— shall be subject to statutory licensing under 50 television markets as listed in the regula- (i) in clause (i), by striking ‘‘$250,000 for this paragraph if the secondary transmission tions of the Commission as in effect on such each 6-month period’’ and inserting is of the primary transmission of a network date (47 C.F.R. 76.51). ‘‘$2,500,000 for each 3-month period’’; and station or a non-network station to a sub- ‘‘(B) STATES WITH ALL NETWORK STATIONS (ii) in clause (ii), by striking ‘‘$250,000’’ and scriber who resides outside the station’s AND NON-NETWORK STATIONS IN SAME LOCAL inserting ‘‘$2,500,000’’; and local market but within a community in MARKET.—In a State in which all network (C) by adding at the end the following flush which the signal has been determined by the stations and non-network stations licensed sentences: Federal Communications Commission to be by the Federal Communications Commission ‘‘The court shall direct one half of any statu- significantly viewed in such community, within that State as of January 1, 1995, are tory damages ordered under clause (i) to be pursuant to the rules, regulations, and au- assigned to the same local market and that deposited with the Register of Copyrights for thorizations of the Federal Communications local market does not encompass all coun- Commission in effect on April 15, 1976, appli- ties of that State, the statutory license pro- distribution to copyright owners pursuant to cable to determining with respect to a cable vided under this paragraph shall apply to the subsection (b). The Copyright Royalty system whether signals are significantly secondary transmission by a satellite carrier Judges shall issue regulations establishing viewed in a community. of the primary transmissions of such station procedures for distributing such funds, on a ‘‘(B) WAIVER.—A subscriber who is denied to all subscribers in the State who reside in proportional basis, to copyright owners the secondary transmission of the primary a local market that is within the first 50 whose works were included in the secondary transmission of a network station or a non- major television markets as listed in the transmissions that were the subject of the network station under subparagraph (A) may regulations of the Commission as in effect on statutory damages.’’. request a waiver from such denial by submit- such date (section 76.51 of title 47, Code of (4) TECHNICAL AMENDMENT.—Section ting a request, through the subscriber’s sat- Federal Regulations). 119(a)(4) (as redesignated) is amended by ellite carrier, to the network station or non- ‘‘(C) ADDITIONAL STATIONS.—In the case of striking ‘‘and 509’’. network station in the local market affili- that State in which are located 4 counties (5) CLERICAL AMENDMENT.—Section ated with the same network or non-network that— 119(a)(2)(B)(iii)(II) is amended by striking ‘‘In where the subscriber is located. The network ‘‘(i) on January 1, 2004, were in local mar- this clause’’ and inserting ‘‘In this clause,’’. station or non-network station shall accept kets principally comprised of counties in an- (j) MORATORIUM EXTENSION.—Section 119(e) or reject the subscriber’s request for a waiv- other State, and is amended by striking ‘‘May 31, 2010’’ and er within 30 days after receipt of the request. ‘‘(ii) had a combined total of 41,340 tele- inserting ‘‘December 31, 2014’’. If the network station or non-network sta- vision households, according to the U.S. Tel- (k) CLERICAL AMENDMENTS.—Section 119 is tion fails to accept or reject the subscriber’s evision Household Estimates by Nielsen amended— request for a waiver within that 30-day pe- Media Research for 2004, (1) by striking ‘‘of the Code of Federal Reg- riod, that network station or non-network the statutory license provided under this ulations’’ each place it appears and inserting station shall be deemed to agree to the waiv- paragraph shall apply to secondary trans- ‘‘, Code of Federal Regulations’’; and er request. missions by a satellite carrier to subscribers (2) in subsection (d)(6), by striking ‘‘or the ‘‘(3) SECONDARY TRANSMISSION OF LOW in any such county of the primary trans- Direct’’ and inserting ‘‘, or the Direct’’. POWER PROGRAMMING.— missions of any network station located in SEC. 103. MODIFICATIONS TO STATUTORY LI- ‘‘(A) IN GENERAL.—Subject to subpara- that State, if the satellite carrier was mak- CENSE FOR SATELLITE CARRIERS IN graphs (B) and (C), a secondary transmission ing such secondary transmissions to any sub- LOCAL MARKETS. of a performance or display of a work em- scribers in that county on January 1, 2004. (a) HEADING RENAMED.— bodied in a primary transmission of a tele- ‘‘(D) CERTAIN ADDITIONAL STATIONS.—If 2 (1) IN GENERAL.—The heading of section 122 vision broadcast station to subscribers who adjacent counties in a single State are in a is amended by striking ‘‘by satellite carriers receive secondary transmissions of primary local market comprised principally of coun- within local markets’’ and inserting ‘‘of local transmissions under paragraph (1) shall be ties located in another State, the statutory television programming by satellite’’. subject to statutory licensing under this license provided for in this paragraph shall (2) TABLE OF CONTENTS.—The table of con- paragraph if the secondary transmission is of apply to the secondary transmission by a tents for chapter 1 is amended by striking the primary transmission of a television satellite carrier to subscribers in those 2 the item relating to section 122 and inserting broadcast station that is licensed as a low counties of the primary transmissions of any the following: power television station, to a subscriber who network station located in the capital of the ‘‘122. Limitations on exclusive rights: Sec- resides within the same designated market State in which such 2 counties are located, ondary transmissions of local area as the station that originates the trans- if— television programming by sat- mission. ‘‘(i) the 2 counties are located in a local ellite.’’. ‘‘(B) NO APPLICABILITY TO REPEATERS AND market that is in the top 100 markets for the (b) STATUTORY LICENSE.—Section 122(a) is TRANSLATORS.—Secondary transmissions year 2003 according to Nielsen Media Re- amended to read as follows: provided for in subparagraph (A) shall not search; and ‘‘(a) SECONDARY TRANSMISSIONS INTO LOCAL apply to any low power television station ‘‘(ii) the total number of television house- MARKETS.— that retransmits the programs and signals of holds in the 2 counties combined did not ex- ‘‘(1) SECONDARY TRANSMISSIONS OF TELE- another television station for more than 2 ceed 10,000 for the year 2003 according to VISION BROADCAST STATIONS WITHIN A LOCAL hours each day. Nielsen Media Research. MARKET.—A secondary transmission of a per- ‘‘(C) NO IMPACT ON OTHER SECONDARY ‘‘(E) NETWORKS OF NONCOMMERCIAL EDU- formance or display of a work embodied in a TRANSMISSIONS OBLIGATIONS.—A satellite car- CATIONAL BROADCAST STATIONS.—In the case primary transmission of a television broad- rier that makes secondary transmissions of a of a system of three or more noncommercial cast station into the station’s local market primary transmission of a low power tele- educational broadcast stations licensed to a shall be subject to statutory licensing under vision station under a statutory license pro- single State, public agency, or political, edu- this section if— vided under this section is not required, by cational, or special purpose subdivision of a

VerDate Mar 15 2010 00:54 May 08, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.031 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3439 State, the statutory license provided for in (A) by redesignating such paragraph as ‘‘(i) 1.064 percent of such gross receipts for this paragraph shall apply to the secondary paragraph (4); the privilege of further transmitting, beyond transmission of the primary transmission of (B) in the heading of such paragraph, by in- the local service area of such primary trans- such system to any subscriber in any county serting ‘‘NON-NETWORK STATION;’’ after ‘‘NET- mitter, any non-network programming of a or county equivalent within such State, if WORK STATION;’’; and primary transmitter in whole or in part, such subscriber is located in a designated (C) by inserting ‘‘ ‘non-network station’,’’ such amount to be applied against the fee, if market area that is not otherwise eligible to after ‘‘ ‘network station’,’’; any, payable pursuant to clauses (ii) through receive the secondary transmission of the (4) by inserting after paragraph (2) the fol- (iv); primary transmission of a noncommercial lowing: ‘‘(ii) 1.064 percent of such gross receipts for ‘‘(3) LOW POWER TELEVISION STATION.—The educational broadcast station located within the first distant signal equivalent; term ‘low power television station’ means a the State pursuant to paragraph (1). ‘‘(iii) 0.701 percent of such gross receipts low power TV station as defined in section ‘‘(5) APPLICABILITY OF ROYALTY RATES AND for each of the second, third, and fourth dis- PROCEDURES.—The royalty rates and proce- 74.701(f) of title 47, Code of Federal Regula- tant signal equivalents; and dures under section 119(b) shall apply to the tions, as in effect on June 1, 2004. For pur- ‘‘(iv) 0.330 percent of such gross receipts for secondary transmissions to which the statu- poses of this paragraph, the term ‘low power the fifth distant signal equivalent and each tory license under paragraph (4) applies.’’. television station’ includes a low power tele- distant signal equivalent thereafter. (c) REPORTING REQUIREMENTS.—Section vision station that has been accorded pri- ‘‘(C) In computing amounts under clauses 122(b) is amended— mary status as a Class A television licensee (ii) through (iv) of subparagraph (B)— (1) in paragraph (1), by striking ‘‘station a under section 73.6001(a) of title 47, Code of ‘‘(i) any fraction of a distant signal equiva- list’’ and all that follows through the end Federal Regulations.’’; and inserting the following: ‘‘station— (5) by inserting after paragraph (4) (as re- lent shall be computed at its fractional ‘‘(A) a list identifying (by name in alpha- designated) the following: value; betical order and street address, including ‘‘(5) NONCOMMERCIAL EDUCATIONAL BROAD- ‘‘(ii) in the case of any cable system lo- county and 9-digit zip code) all subscribers to CAST STATION.—The term ‘noncommercial cated partly within and partly outside of the which the satellite carrier makes secondary educational broadcast station’ means a tele- local service area of a primary transmitter, transmissions of that primary transmission vision broadcast station that is a non- gross receipts shall be limited to those gross under subsection (a); and commercial educational broadcast station as receipts derived from subscribers located ‘‘(B) a separate list, aggregated by des- defined in section 397 of the Communications outside of the local service area of such pri- ignated market area (by name and address, Act of 1934, as in effect on the date of the en- mary transmitter; and including street or rural route number, city, actment of the Satellite Television Exten- ‘‘(iii) if a cable system provides a sec- sion and Localism Act of 2010.’’; and State, and 9-digit zip code), which shall indi- ondary transmission of a primary trans- (6) by amending paragraph (6) (as redesig- cate those subscribers being served pursuant mitter to some but not all communities nated) to read as follows: to paragraph (2) of subsection (a).’’; and served by that cable system— ‘‘(6) SUBSCRIBER.—The term ‘subscriber’ (2) in paragraph (2), by striking ‘‘network a ‘‘(I) the gross receipts and the distant sig- means a person or entity that receives a sec- list’’ and all that follows through the end nal equivalent values for such secondary ondary transmission service from a satellite and inserting the following: ‘‘network— transmission shall be derived solely on the carrier and pays a fee for the service, di- ‘‘(A) a list identifying (by name in alpha- basis of the subscribers in those commu- rectly or indirectly, to the satellite carrier betical order and street address, including nities where the cable system provides such or to a distributor.’’. county and 9-digit zip code) any subscribers secondary transmission; and who have been added or dropped as sub- SEC. 104. MODIFICATIONS TO CABLE SYSTEM ‘‘(II) the total royalty fee for the period SECONDARY TRANSMISSION RIGHTS scribers since the last submission under this UNDER SECTION 111. paid by such system shall not be less than subsection; and (a) HEADING RENAMED.— the royalty fee calculated under subpara- ‘‘(B) a separate list, aggregated by des- (1) IN GENERAL.—The heading of section 111 graph (B)(i) multiplied by the gross receipts ignated market area (by name and street ad- is amended by inserting at the end the fol- from all subscribers to the system. dress, including street or rural route num- lowing: ‘‘of broadcast programming by ‘‘(D) A cable system that, on a statement ber, city, State, and 9-digit zip code), identi- cable’’. submitted before the date of the enactment fying those subscribers whose service pursu- (2) TABLE OF CONTENTS.—The table of con- of the Satellite Television Extension and Lo- ant to paragraph (2) of subsection (a) has tents for chapter 1 is amended by striking calism Act of 2010, computed its royalty fee been added or dropped since the last submis- the item relating to section 111 and inserting consistent with the methodology under sub- sion under this subsection.’’. the following: paragraph (C)(iii), or that amends a state- (d) NO ROYALTY FEE FOR CERTAIN SEC- ‘‘111. Limitations on exclusive rights: Sec- ment filed before such date of enactment to ONDARY TRANSMISSIONS.—Section 122(c) is ondary transmissions of broad- compute the royalty fee due using such amended— cast programming by cable.’’. methodology, shall not be subject to an ac- (1) in the heading, by inserting ‘‘FOR CER- (b) TECHNICAL AMENDMENT.—Section tion for infringement, or eligible for any roy- TAIN SECONDARY TRANSMISSIONS’’ after ‘‘RE- 111(a)(4) is amended by striking ‘‘; or’’ and alty refund or offset, arising out of its use of QUIRED’’; and inserting ‘‘or section 122;’’. such methodology on such statement. (2) by striking ‘‘subsection (a)’’ and insert- (c) STATUTORY LICENSE FOR SECONDARY ‘‘(E) If the actual gross receipts paid by ing ‘‘paragraphs (1), (2), and (3) of subsection TRANSMISSIONS BY CABLE SYSTEMS.—Section subscribers to a cable system for the period (a)’’. 111(d) is amended— covered by the statement for the basic serv- (e) VIOLATIONS FOR TERRITORIAL RESTRIC- (1) in paragraph (1)— ice of providing secondary transmissions of TIONS.— (A) in the matter preceding subparagraph primary broadcast transmitters are $263,800 (1) MODIFICATION TO STATUTORY DAMAGES.— (A)— or less— Section 122(f) is amended— (i) by striking ‘‘A cable system whose sec- ‘‘(i) gross receipts of the cable system for (A) in paragraph (1)(B), by striking ‘‘$5’’ ondary’’ and inserting the following: the purpose of this paragraph shall be com- and inserting ‘‘$250’’; and ‘‘STATEMENT OF ACCOUNT AND ROYALTY puted by subtracting from such actual gross (B) in paragraph (2), by striking ‘‘$250,000’’ FEES.—Subject to paragraph (5), a cable sys- receipts the amount by which $263,800 ex- each place it appears and inserting tem whose secondary’’; and ceeds such actual gross receipts, except that ‘‘$2,500,000’’. (ii) by striking ‘‘by regulation—’’ and in- in no case shall a cable system’s gross re- (2) CONFORMING AMENDMENTS FOR ADDI- serting ‘‘by regulation the following:’’; ceipts be reduced to less than $10,400; and TIONAL STATIONS.—Section 122 is amended— (B) in subparagraph (A)— (A) in subsection (f), by striking ‘‘section (i) by striking ‘‘a statement of account’’ ‘‘(ii) the royalty fee payable under this 119 or’’ each place it appears and inserting and inserting ‘‘A statement of account’’; and paragraph to copyright owners pursuant to the following: ‘‘section 119, subject to statu- (ii) by striking ‘‘; and’’ and inserting a pe- paragraph (3) shall be 0.5 percent, regardless tory licensing by reason of paragraph (2)(A), riod; and of the number of distant signal equivalents, (3), or (4) of subsection (a), or subject to’’; (C) by striking subparagraphs (B), (C), and if any. and (D) and inserting the following: ‘‘(F) If the actual gross receipts paid by (B) in subsection (g), by striking ‘‘section ‘‘(B) Except in the case of a cable system subscribers to a cable system for the period 119 or’’ and inserting the following: ‘‘section whose royalty fee is specified in subpara- covered by the statement for the basic serv- 119, paragraph (2)(A), (3), or (4) of subsection graph (E) or (F), a total royalty fee payable ice of providing secondary transmissions of (a), or’’. to copyright owners pursuant to paragraph primary broadcast transmitters are more (f) DEFINITIONS.—Section 122(j) is amend- (3) for the period covered by the statement, than $263,800 but less than $527,600, the roy- ed— computed on the basis of specified percent- alty fee payable under this paragraph to (1) in paragraph (1), by striking ‘‘which ages of the gross receipts from subscribers to copyright owners pursuant to paragraph (3) contracts’’ and inserting ‘‘that contracts’’; the cable service during such period for the shall be— (2) by redesignating paragraphs (4) and (5) basic service of providing secondary trans- ‘‘(i) 0.5 percent of any gross receipts up to as paragraphs (6) and (7), respectively; missions of primary broadcast transmitters, $263,800, regardless of the number of distant (3) in paragraph (3)— as follows: signal equivalents, if any; and

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‘‘(ii) 1 percent of any gross receipts in ex- the auditor’s report and to cure any under- ‘‘(5) DISTANT SIGNAL EQUIVALENT.— cess of $263,800, but less than $527,600, regard- payment identified; and ‘‘(A) IN GENERAL.—Except as provided less of the number of distant signal equiva- ‘‘(iii) provide an opportunity to remedy under subparagraph (B), a ‘distant signal lents, if any. any disputed facts or conclusions; equivalent’— ‘‘(G) A filing fee, as determined by the Reg- ‘‘(D) limit the frequency of requests for ‘‘(i) is the value assigned to the secondary ister of Copyrights pursuant to section verification for a particular cable system transmission of any non-network television 708(a).’’; and the number of audits that a multiple programming carried by a cable system in (2) in paragraph (2), in the first sentence— system operator can be required to undergo whole or in part beyond the local service (A) by striking ‘‘The Register of Copy- in a single year; and area of the primary transmitter of such pro- rights’’ and inserting the following ‘‘HAN- ‘‘(E) permit requests for verification of a gramming; and DLING OF FEES.—The Register of Copyrights’’; statement of account to be made only within ‘‘(ii) is computed by assigning a value of and 3 years after the last day of the year in one to each primary stream and to each (B) by inserting ‘‘(including the filing fee which the statement of account is filed. multicast stream (other than a simulcast) specified in paragraph (1)(G))’’ after ‘‘shall ‘‘(7) ACCEPTANCE OF ADDITIONAL DEPOSITS.— that is an independent station, and by as- receive all fees’’; Any royalty fee payments received by the signing a value of one-quarter to each pri- (3) in paragraph (3)— Copyright Office from cable systems for the mary stream and to each multicast stream (A) by striking ‘‘The royalty fees’’ and in- secondary transmission of primary trans- (other than a simulcast) that is a network serting the following: ‘‘DISTRIBUTION OF ROY- missions that are in addition to the pay- station or a noncommercial educational sta- ALTY FEES TO COPYRIGHT OWNERS.—The roy- ments calculated and deposited in accord- tion. alty fees’’; ance with this subsection shall be deemed to ‘‘(B) EXCEPTIONS.—The values for inde- (B) in subparagraph (A)— have been deposited for the particular ac- pendent, network, and noncommercial edu- (i) by striking ‘‘any such’’ and inserting counting period for which they are received cational stations specified in subparagraph ‘‘Any such’’; and and shall be distributed as specified under (A) are subject to the following: (ii) by striking ‘‘; and’’ and inserting a pe- this subsection.’’. ‘‘(i) Where the rules and regulations of the riod; (d) EFFECTIVE DATE OF NEW ROYALTY FEE Federal Communications Commission re- (C) in subparagraph (B)— RATES.—The royalty fee rates established in quire a cable system to omit the further (i) by striking ‘‘any such’’ and inserting section 111(d)(1)(B) of title 17, United States transmission of a particular program and ‘‘Any such’’; and Code, as amended by subsection (c)(1)(C) of such rules and regulations also permit the (ii) by striking the semicolon and inserting this section, shall take effect commencing substitution of another program embodying a period; and with the first accounting period occurring in a performance or display of a work in place (D) in subparagraph (C), by striking ‘‘any 2010. of the omitted transmission, or where such such’’ and inserting ‘‘Any such’’; (e) DEFINITIONS.—Section 111(f) is amend- rules and regulations in effect on the date of (4) in paragraph (4), by striking ‘‘The roy- ed— the enactment of the Copyright Act of 1976 alty fees’’ and inserting the following: ‘‘PRO- (1) by striking the first undesignated para- permit a cable system, at its election, to ef- CEDURES FOR ROYALTY FEE DISTRIBUTION.— graph and inserting the following: fect such omission and substitution of a The royalty fees’’; and ‘‘(1) PRIMARY TRANSMISSION.—A ‘primary nonlive program or to carry additional pro- (5) by adding at the end the following new transmission’ is a transmission made to the grams not transmitted by primary transmit- paragraphs: public by a transmitting facility whose sig- ters within whose local service area the ‘‘(5) 3.75 PERCENT RATE AND SYNDICATED EX- nals are being received and further trans- cable system is located, no value shall be as- CLUSIVITY SURCHARGE NOT APPLICABLE TO mitted by a secondary transmission service, signed for the substituted or additional pro- MULTICAST STREAMS.—The royalty rates regardless of where or when the performance gram. specified in sections 256.2(c) and 256.2(d) of or display was first transmitted. In the case ‘‘(ii) Where the rules, regulations, or au- title 37, Code of Federal Regulations (com- of a television broadcast station, the pri- thorizations of the Federal Communications monly referred to as the ‘3.75 percent rate’ mary stream and any multicast streams Commission in effect on the date of the en- and the ‘syndicated exclusivity surcharge’, transmitted by the station constitute pri- actment of the Copyright Act of 1976 permit respectively), as in effect on the date of the mary transmissions.’’; a cable system, at its election, to omit the enactment of the Satellite Television Exten- (2) in the second undesignated paragraph— further transmission of a particular program sion and Localism Act of 2010, as such rates (A) by striking ‘‘A ‘secondary trans- and such rules, regulations, or authoriza- may be adjusted, or such sections redesig- mission’ ’’ and inserting the following: tions also permit the substitution of another nated, thereafter by the Copyright Royalty ‘‘(2) SECONDARY TRANSMISSION.—A ‘sec- program embodying a performance or dis- Judges, shall not apply to the secondary ondary transmission’ ’’; and play of a work in place of the omitted trans- transmission of a multicast stream. (B) by striking ‘‘ ‘cable system’ ’’ and in- mission, the value assigned for the sub- ‘‘(6) VERIFICATION OF ACCOUNTS AND FEE serting ‘‘cable system’’; stituted or additional program shall be, in PAYMENTS.—The Register of Copyrights shall (3) in the third undesignated paragraph— the case of a live program, the value of one issue regulations to provide for the confiden- (A) by striking ‘‘A ‘cable system’ ’’ and in- full distant signal equivalent multiplied by a tial verification by copyright owners whose serting the following: fraction that has as its numerator the num- works were embodied in the secondary trans- ‘‘(3) CABLE SYSTEM.—A ‘cable system’ ’’; ber of days in the year in which such substi- missions of primary transmissions pursuant and tution occurs and as its denominator the to this section of the information reported (B) by striking ‘‘Territory, Trust Terri- number of days in the year. on the semiannual statements of account tory, or Possession’’ and inserting ‘‘terri- ‘‘(iii) In the case of the secondary trans- filed under this subsection for accounting pe- tory, trust territory, or possession of the mission of a primary transmitter that is a riods beginning on or after January 1, 2010, United States’’; television broadcast station pursuant to the in order that the auditor designated under (4) in the fourth undesignated paragraph, late-night or specialty programming rules of subparagraph (A) is able to confirm the cor- in the first sentence— the Federal Communications Commission, or rectness of the calculations and royalty pay- (A) by striking ‘‘The ‘local service area of the secondary transmission of a primary ments reported therein. The regulations a primary transmitter’, in the case of a tele- transmitter that is a television broadcast shall— vision broadcast station, comprises the area station on a part-time basis where full-time ‘‘(A) establish procedures for the designa- in which such station is entitled to insist’’ carriage is not possible because the cable tion of a qualified independent auditor— and inserting the following: system lacks the activated channel capacity ‘‘(i) with exclusive authority to request ‘‘(4) LOCAL SERVICE AREA OF A PRIMARY to retransmit on a full-time basis all signals verification of such a statement of account TRANSMITTER.—The ‘local service area of a that it is authorized to carry, the values for on behalf of all copyright owners whose primary transmitter’, in the case of both the independent, network, and noncommercial works were the subject of secondary trans- primary stream and any multicast streams educational stations set forth in subpara- missions of primary transmissions by the transmitted by a primary transmitter that is graph (A), as the case may be, shall be multi- cable system (that deposited the statement) a television broadcast station, comprises the plied by a fraction that is equal to the ratio during the accounting period covered by the area where such primary transmitter could of the broadcast hours of such primary statement; and have insisted’’; transmitter retransmitted by the cable sys- ‘‘(ii) who is not an officer, employee, or (B) by striking ‘‘76.59 of title 47 of the Code tem to the total broadcast hours of the pri- agent of any such copyright owner for any of Federal Regulations’’ and inserting the mary transmitter. purpose other than such audit; following: ‘‘76.59 of title 47, Code of Federal ‘‘(iv) No value shall be assigned for the sec- ‘‘(B) establish procedures for safeguarding Regulations, or within the noise-limited con- ondary transmission of the primary stream all non-public financial and business infor- tour as defined in 73.622(e)(1) of title 47, Code or any multicast streams of a primary trans- mation provided under this paragraph; of Federal Regulations’’; and mitter that is a television broadcast station ‘‘(C)(i) require a consultation period for (C) by striking ‘‘as defined by the rules and in any community that is within the local the independent auditor to review its conclu- regulations of the Federal Communications service area of the primary transmitter.’’; sions with a designee of the cable system; Commission,’’; (6) by striking the sixth undesignated para- ‘‘(ii) establish a mechanism for the cable (5) by amending the fifth undesignated graph and inserting the following: system to remedy any errors identified in paragraph to read as follows: ‘‘(6) NETWORK STATION.—

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‘‘(A) TREATMENT OF PRIMARY STREAM.—The (g) TECHNICAL AND CONFORMING AMEND- of title 17, United States Code, before the term ‘network station’ shall be applied to a MENTS.— date of the enactment of this Act shall not primary stream of a television broadcast sta- (1) CORRECTIONS TO FIX LEVEL DESIGNA- be entitled to any refund, or offset, of roy- tion that is owned or operated by, or affili- TIONS.—Section 111 is amended— alty fees paid on account of such secondary ated with, one or more of the television net- (A) in subsections (a), (c), and (e), by strik- transmissions of such multicast stream. works in the United States providing nation- ing ‘‘clause’’ each place it appears and in- (3) DEFINITIONS.—In this subsection, the wide transmissions, and that transmits a serting ‘‘paragraph’’; terms ‘‘cable system’’, ‘‘secondary trans- substantial part of the programming sup- (B) in subsection (c)(1), by striking mission’’, ‘‘multicast stream’’, and ‘‘local plied by such networks for a substantial part ‘‘clauses’’ and inserting ‘‘paragraphs’’; and service area of a primary transmitter’’ have of the primary stream’s typical broadcast (C) in subsection (e)(1)(F), by striking the meanings given those terms in section day. ‘‘subclause’’ and inserting ‘‘subparagraph’’. 111(f) of title 17, United States Code, as ‘‘(B) TREATMENT OF MULTICAST STREAMS.— (2) CONFORMING AMENDMENT TO HYPHENATE amended by this section. The term ‘network station’ shall be applied NONNETWORK.—Section 111 is amended by SEC. 105. CERTAIN WAIVERS GRANTED TO PRO- to a multicast stream on which a television striking ‘‘nonnetwork’’ each place it appears VIDERS OF LOCAL-INTO-LOCAL broadcast station transmits all or substan- and inserting ‘‘non-network’’. SERVICE FOR ALL DMAS. tially all of the programming of an inter- (3) PREVIOUSLY UNDESIGNATED PARA- Section 119 is amended by adding at the connected program service that— GRAPH.—Section 111(e)(1) is amended by end the following new subsection: ‘‘(g) CERTAIN WAIVERS GRANTED TO PRO- ‘‘(i) is owned or operated by, or affiliated striking ‘‘second paragraph of subsection (f)’’ VIDERS OF LOCAL-INTO-LOCAL SERVICE TO ALL with, one or more of the television networks and inserting ‘‘subsection (f)(2)’’. DMAS.— described in subparagraph (A); and (4) REMOVAL OF SUPERFLUOUS ANDS.—Sec- tion 111(e) is amended— ‘‘(1) INJUNCTION WAIVER.—A court that ‘‘(ii) offers programming on a regular basis issued an injunction pursuant to subsection for 15 or more hours per week to at least 25 (A) in paragraph (1)(A), by striking ‘‘and’’ at the end; (a)(7)(B) before the date of the enactment of of the affiliated television licensees of the this subsection shall waive such injunction if interconnected program service in 10 or more (B) in paragraph (1)(B), by striking ‘‘and’’ at the end; the court recognizes the entity against States.’’; which the injunction was issued as a quali- (7) by striking the seventh undesignated (C) in paragraph (1)(C), by striking ‘‘and’’ at the end; fied carrier. paragraph and inserting the following: ‘‘(2) LIMITED TEMPORARY WAIVER.— ‘‘(7) INDEPENDENT STATION.—The term (D) in paragraph (1)(D), by striking ‘‘and’’ at the end; and ‘‘(A) IN GENERAL.—Upon a request made by ‘independent station’ shall be applied to the a satellite carrier, a court that issued an in- primary stream or a multicast stream of a (E) in paragraph (2)(A), by striking ‘‘and’’ at the end. junction against such carrier under sub- television broadcast station that is not a section (a)(7)(B) before the date of the enact- network station or a noncommercial edu- (5) REMOVAL OF VARIANT FORMS REF- ERENCES.—Section 111 is amended— ment of this subsection shall waive such in- cational station.’’; junction with respect to the statutory li- (8) by striking the eighth undesignated (A) in subsection (e)(4), by striking ‘‘, and each of its variant forms,’’; and cense provided under subsection (a)(2) to the paragraph and inserting the following: (B) in subsection (f), by striking ‘‘and their extent necessary to allow such carrier to ‘‘(8) NONCOMMERCIAL EDUCATIONAL STA- variant forms’’. make secondary transmissions of primary TION.—The term ‘noncommercial educational (6) CORRECTION TO TERRITORY REFERENCE.— transmissions made by a network station to station’ shall be applied to the primary Section 111(e)(2) is amended in the matter unserved households located in short mar- stream or a multicast stream of a television preceding subparagraph (A) by striking kets in which such carrier was not providing broadcast station that is a noncommercial ‘‘three territories’’ and inserting ‘‘five enti- local service pursuant to the license under educational broadcast station as defined in ties’’. section 122 as of December 31, 2009. section 397 of the Communications Act of (h) EFFECTIVE DATE WITH RESPECT TO ‘‘(B) EXPIRATION OF TEMPORARY WAIVER.—A 1934, as in effect on the date of the enact- MULTICAST STREAMS.— temporary waiver of an injunction under ment of the Satellite Television Extension (1) IN GENERAL.—Subject to paragraphs (2) subparagraph (A) shall expire after the end and Localism Act of 2010.’’; and and (3), the amendments made by this sec- of the 120-day period beginning on the date (9) by adding at the end the following: tion, to the extent such amendments assign such temporary waiver is issued unless ex- ‘‘(9) PRIMARY STREAM.—A ‘primary stream’ a distant signal equivalent value to the sec- tended for good cause by the court making is— ondary transmission of the multicast stream the temporary waiver. ‘‘(A) the single digital stream of program- of a primary transmitter, shall take effect ‘‘(C) FAILURE TO PROVIDE LOCAL-INTO-LOCAL ming that, before June 12, 2009, was substan- on the date of the enactment of this Act. SERVICE TO ALL DMAS.— tially duplicating the programming trans- (2) DELAYED APPLICABILITY.— ‘‘(i) FAILURE TO ACT REASONABLY AND IN mitted by the television broadcast station as (A) SECONDARY TRANSMISSIONS OF A GOOD FAITH.—If the court issuing a tem- an analog signal; or MULTICAST STREAM BEYOND THE LOCAL SERV- porary waiver under subparagraph (A) deter- ‘‘(B) if there is no stream described in sub- ICE AREA OF ITS PRIMARY TRANSMITTER BE- mines that the satellite carrier that made paragraph (A), then the single digital stream FORE 2010 ACT.—In any case in which a cable the request for such waiver has failed to act of programming transmitted by the tele- system was making secondary transmissions reasonably or has failed to make a good faith vision broadcast station for the longest pe- of a multicast stream beyond the local serv- effort to provide local-into-local service to riod of time. ice area of its primary transmitter before all DMAs, such failure— ‘‘(10) PRIMARY TRANSMITTER.—A ‘primary the date of the enactment of this Act, a dis- ‘‘(I) is actionable as an act of infringement transmitter’ is a television or radio broad- tant signal equivalent value (referred to in under section 501 and the court may in its cast station licensed by the Federal Commu- paragraph (1)) shall not be assigned to sec- discretion impose the remedies provided for nications Commission, or by an appropriate ondary transmissions of such multicast in sections 502 through 506 and subsection governmental authority of Canada or Mex- stream that are made on or before June 30, (a)(6)(B) of this section; and ico, that makes primary transmissions to 2010. ‘‘(II) shall result in the termination of the the public. (B) MULTICAST STREAMS SUBJECT TO PRE- waiver issued under subparagraph (A). ‘‘(11) MULTICAST STREAM.—A ‘multicast EXISTING WRITTEN AGREEMENTS FOR THE SEC- ‘‘(ii) FAILURE TO PROVIDE LOCAL-INTO-LOCAL stream’ is a digital stream of programming ONDARY TRANSMISSION OF SUCH STREAMS.—In SERVICE.—If the court issuing a temporary that is transmitted by a television broadcast any case in which the secondary trans- waiver under subparagraph (A) determines station and is not the station’s primary mission of a multicast stream of a primary that the satellite carrier that made the re- stream. transmitter is the subject of a written agree- quest for such waiver has failed to provide ‘‘(12) SIMULCAST.—A ‘simulcast’ is a ment entered into on or before June 30, 2009, local-into-local service to all DMAs, but de- multicast stream of a television broadcast between a cable system or an association termines that the carrier acted reasonably station that duplicates the programming representing the cable system and a primary and in good faith, the court may in its dis- transmitted by the primary stream or an- transmitter or an association representing cretion impose financial penalties that re- other multicast stream of such station. the primary transmitter, a distant signal flect— ‘‘(13) SUBSCRIBER; SUBSCRIBE.— equivalent value (referred to in paragraph ‘‘(I) the degree of control the carrier had ‘‘(A) SUBSCRIBER.—The term ‘subscriber’ (1)) shall not be assigned to secondary trans- over the circumstances that resulted in the means a person or entity that receives a sec- missions of such multicast stream beyond failure; ondary transmission service from a cable the local service area of its primary trans- ‘‘(II) the quality of the carrier’s efforts to system and pays a fee for the service, di- mitter that are made on or before the date remedy the failure; and rectly or indirectly, to the cable system. on which such written agreement expires. ‘‘(III) the severity and duration of any ‘‘(B) SUBSCRIBE.—The term ‘subscribe’ (C) NO REFUNDS OR OFFSETS FOR PRIOR service interruption. means to elect to become a subscriber.’’. STATEMENTS OF ACCOUNT.—A cable system ‘‘(D) SINGLE TEMPORARY WAIVER AVAIL- (f) TIMING OF SECTION 111 PROCEEDINGS.— that has reported secondary transmissions of ABLE.—An entity may only receive one tem- Section 804(b)(1) is amended by striking a multicast stream beyond the local service porary waiver under this paragraph. ‘‘2005’’ each place it appears and inserting area of its primary transmitter on a state- ‘‘(E) SHORT MARKET DEFINED.—For purposes ‘‘2015’’. ment of account deposited under section 111 of this paragraph, the term ‘short market’

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means a local market in which programming ‘‘(I) Proper calculation and payment of ‘‘(D) COMPLIANCE DETERMINATION.—Upon of one or more of the four most widely royalties under the statutory license under the motion of an aggrieved television broad- viewed television networks nationwide as this section. cast station, the court recognizing an entity measured on the date of the enactment of ‘‘(II) Provision of service under this license as a qualified carrier may make a determina- this subsection is not offered on the primary to eligible subscribers only. tion of whether the entity is providing local- stream transmitted by any local television ‘‘(iii) SUBMISSION OF REPORT.—The special into-local service to all DMAs. broadcast station. master shall file the report required by ‘‘(E) PLEADING REQUIREMENT.—In any mo- ‘‘(3) ESTABLISHMENT OF QUALIFIED CARRIER clause (i) not later than July 24, 2012, with tion brought under subparagraph (D), the RECOGNITION.— the court referred to in paragraph (1) that party making such motion shall specify one ‘‘(A) STATEMENT OF ELIGIBILITY.—An entity issued the injunction, and the court shall or more designated market areas (as such seeking to be recognized as a qualified car- transmit a copy of the report to the Register term is defined in section 122(j)(2)(C)) for rier under this subsection shall file a state- of Copyrights, the Committees on the Judici- which the failure to provide service is being alleged, and, for each such designated mar- ment of eligibility with the court that im- ary and on Energy and Commerce of the ket area, shall plead with particularity the posed the injunction. A statement of eligi- House of Representatives, and the Commit- circumstances of the alleged failure. bility must include— tees on the Judiciary and on Commerce, Science, and Transportation of the Senate. ‘‘(F) BURDEN OF PROOF.—In any proceeding ‘‘(i) an affidavit that the entity is pro- to make a determination under subpara- viding local-into-local service to all DMAs; ‘‘(iv) EVIDENCE OF INFRINGEMENT.—The spe- cial master shall include in the report a graph (D), and with respect to a designated ‘‘(ii) a motion for a waiver of the injunc- market area for which failure to provide statement of whether the examination by tion; service is alleged, the entity recognized as a the special master indicated that there is ‘‘(iii) a motion that the court appoint a qualified carrier shall have the burden of substantial evidence that a copyright holder special master under Rule 53 of the Federal proving that the entity provided local-into- could bring a successful action under this Rules of Civil Procedure; local service with a good quality satellite section against the qualified carrier for in- ‘‘(iv) an agreement by the carrier to pay signal to at least 90 percent of the house- fringement. all expenses incurred by the special master holds in such designated market area (based ‘‘(v) SUBSEQUENT EXAMINATION.—If the spe- under paragraph (4)(B)(ii); and on the most recent census data released by ‘‘(v) a certification issued pursuant to sec- cial master’s report includes a statement the United States Census Bureau) at the tion 342(a) of Communications Act of 1934. that its examination indicated the existence time and place alleged. of substantial evidence that a copyright ‘‘(B) GRANT OF RECOGNITION AS A QUALIFIED ‘‘(5) FAILURE TO PROVIDE SERVICE.— holder could bring a successful action under CARRIER.—Upon receipt of a statement of eli- ‘‘(A) PENALTIES.—If the court recognizing gibility, the court shall recognize the entity this section against the qualified carrier for an entity as a qualified carrier finds that as a qualified carrier and issue the waiver infringement, the special master shall, not such entity has willfully failed to provide under paragraph (1). Upon motion pursuant later than 6 months after the report under local-into-local service to all DMAs, such to subparagraph (A)(iii), the court shall ap- clause (i) is filed, initiate another examina- finding shall result in the loss of recognition point a special master to conduct the exam- tion of the qualified carrier’s compliance of the entity as a qualified carrier and the ination and provide a report to the court as with the royalty payment and household eli- termination of the waiver provided under provided in paragraph (4)(B). gibility requirements of the license under paragraph (1), and the court may, in its dis- this section since the last report was filed ‘‘(C) VOLUNTARY TERMINATION.—At any cretion— time, an entity recognized as a qualified car- under clause (iii). The special master shall ‘‘(i) treat such failure as an act of infringe- rier may file a statement of voluntary termi- file a report on the results of the examina- ment under section 501, and subject such in- nation with the court certifying that it no tion conducted under this clause with the fringement to the remedies provided for in court referred to in paragraph (1) that issued longer wishes to be recognized as a qualified sections 502 through 506 and subsection the injunction, and the court shall transmit carrier. Upon receipt of such statement, the (a)(6)(B) of this section; and a copy to the Register of Copyrights, the court shall reinstate the injunction waived ‘‘(ii) impose a fine of not less than $250,000 Committees on the Judiciary and on Energy under paragraph (1). and not more than $5,000,000. and Commerce of the House of Representa- ‘‘(D) LOSS OF RECOGNITION PREVENTS FU- ‘‘(B) EXCEPTION FOR NONWILLFUL VIOLA- tives, and the Committees on the Judiciary TURE RECOGNITION.—No entity may be recog- TION.—If the court determines that the fail- and on Commerce, Science, and Transpor- nized as a qualified carrier if such entity had ure to provide local-into-local service to all tation of the Senate. The report shall in- previously been recognized as a qualified car- DMAs is nonwillful, the court may in its dis- clude a statement described in clause (iv). rier and subsequently lost such recognition cretion impose financial penalties for non- ‘‘(vi) COMPLIANCE.—Upon motion filed by or voluntarily terminated such recognition compliance that reflect— an aggrieved copyright owner, the court rec- ‘‘(i) the degree of control the entity had under subparagraph (C). ognizing an entity as a qualified carrier shall over the circumstances that resulted in the ‘‘(4) QUALIFIED CARRIER OBLIGATIONS AND terminate such designation upon finding failure; COMPLIANCE.— that the entity has failed to cooperate with ‘‘(ii) the quality of the entity’s efforts to ‘‘(A) CONTINUING OBLIGATIONS.— the examinations required by this subpara- remedy the failure and restore service; and ‘‘(i) IN GENERAL.—An entity recognized as a graph. ‘‘(iii) the severity and duration of any serv- qualified carrier shall continue to provide ‘‘(vii) OVERSIGHT.—During the period of ice interruption. local-into-local service to all DMAs. time that the special master is conducting ‘‘(6) PENALTIES FOR VIOLATIONS OF LI- OOPERATION WITH COMPLIANCE EXAM ‘‘(ii) C - an examination under this subparagraph, the CENSE.—A court that finds, under subsection INATION.—An entity recognized as a qualified Comptroller General shall monitor the de- (a)(6)(A), that an entity recognized as a carrier shall fully cooperate with the special gree to which the entity seeking to be recog- qualified carrier has willfully made a sec- master appointed by the court under para- nized or recognized as a qualified carrier ondary transmission of a primary trans- graph (3)(B) in an examination set forth in under paragraph (3) is complying with the mission made by a network station and em- subparagraph (B). special master’s examination. The qualified bodying a performance or display of a work ‘‘(B) QUALIFIED CARRIER COMPLIANCE EXAM- carrier shall make available to the Comp- to a subscriber who is not eligible to receive INATION.— troller General all records and individuals the transmission under this section shall re- ‘‘(i) EXAMINATION AND REPORT.—A special that the Comptroller General considers nec- instate the injunction waived under para- master appointed by the court under para- essary to meet the Comptroller General’s ob- graph (1), and the court may order statutory graph (3)(B) shall conduct an examination of, ligations under this clause. The Comptroller damages of not more than $2,500,000. and file a report on, the qualified carrier’s General shall report the results of the moni- ‘‘(7) LOCAL-INTO-LOCAL SERVICE TO ALL compliance with the royalty payment and toring required by this clause to the Com- DMAS DEFINED.—For purposes of this sub- household eligibility requirements of the li- mittees on the Judiciary and on Energy and section: cense under this section. The report shall ad- Commerce of the House of Representatives ‘‘(A) IN GENERAL.—An entity provides dress the qualified carrier’s conduct during and the Committees on the Judiciary and on ‘local-into-local service to all DMAs’ if the the period beginning on the date on which Commerce, Science, and Transportation of entity provides local service in all des- the qualified carrier is recognized as such the Senate at intervals of not less than six ignated market areas (as such term is de- under paragraph (3)(B) and ending on April months during such period. fined in section 122(j)(2)(C)) pursuant to the 30, 2012. ‘‘(C) AFFIRMATION.—A qualified carrier license under section 122. ‘‘(ii) RECORDS OF QUALIFIED CARRIER.—Be- shall file an affidavit with the district court ‘‘(B) HOUSEHOLD COVERAGE.—For purposes ginning on the date that is one year after the and the Register of Copyrights 30 months of subparagraph (A), an entity that makes date on which the qualified carrier is recog- after such status was granted stating that, available local-into-local service with a good nized as such under paragraph (3)(B), but not to the best of the affiant’s knowledge, it is in quality satellite signal to at least 90 percent later than December 1, 2011, the qualified compliance with the requirements for a of the households in a designated market carrier shall provide the special master with qualified carrier. The qualified carrier shall area based on the most recent census data all records that the special master considers attach to its affidavit copies of all reports or released by the United States Census Bureau to be directly pertinent to the following re- orders issued by the court, the special mas- shall be considered to be providing local quirements under this section: ter, and the Comptroller General. service to such designated market area.

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‘‘(C) GOOD QUALITY SATELLITE SIGNAL DE- SEC. 204. DIGITAL TELEVISION TRANSITION CON- local market of such local network station; FINED.—The term ‘good quality satellite sig- FORMING AMENDMENTS. and nal’ has the meaning given such term under (a) SECTION 338.—Section 338 is amended— ‘‘(bb) the satellite carrier, within 60 days section 342(e)(2) of Communications Act of (1) in subsection (a), by striking ‘‘(3) EFFEC- after such date, submits to each television 1934.’’. TIVE DATE.—No satellite’’ and all that fol- network the list and statement required by SEC. 106. COPYRIGHT OFFICE FEES. lows through ‘‘until January 1, 2002.’’; and subparagraph (F)(ii). Section 708(a) is amended— (2) by amending subsection (g) to read as ‘‘(ii) SPECIAL CIRCUMSTANCES.—A sub- (1) in paragraph (8), by striking ‘‘and’’ follows: scriber of a satellite carrier who was law- after the semicolon; ‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SIN- fully receiving the distant signal of a net- (2) in paragraph (9), by striking the period GLE RECEPTION ANTENNA.— work station on the day before the date of and inserting a semicolon; ‘‘(1) SINGLE RECEPTION ANTENNA.—Each sat- enactment of the Satellite Television Exten- (3) by inserting after paragraph (9) the fol- ellite carrier that retransmits the signals of sion and Localism Act of 2010 may receive lowing: local television broadcast stations in a local both such distant signal and the local signal ‘‘(10) on filing a statement of account market shall retransmit such stations in of a network station affiliated with the same based on secondary transmissions of primary such market so that a subscriber may re- network until such subscriber chooses to no transmissions pursuant to section 119 or 122; ceive such stations by means of a single re- longer receive such distant signal from such and ception antenna and associated equipment. carrier, whether or not such subscriber ‘‘(11) on filing a statement of account ‘‘(2) ADDITIONAL RECEPTION ANTENNA.—If elects to subscribe to such local signal.’’; based on secondary transmissions of primary the carrier retransmits the signals of local (iv) in subparagraph (C)— transmissions pursuant to section 111.’’; and television broadcast stations in a local mar- (I) by striking ‘‘analog’’; (4) by adding at the end the following new ket in high definition format, the carrier (II) in clause (i), by striking ‘‘the Satellite sentence: ‘‘Fees established under para- shall retransmit such signals in such market Home Viewer Extension and Reauthorization graphs (10) and (11) shall be reasonable and so that a subscriber may receive such signals Act of 2004; and’’ and inserting the following: may not exceed one-half of the cost nec- by means of a single reception antenna and ‘‘the Satellite Television Extension and Lo- essary to cover reasonable expenses incurred associated equipment, but such antenna and calism Act of 2010 and, at the time such per- by the Copyright Office for the collection associated equipment may be separate from son seeks to subscribe to receive such sec- ondary transmission, resides in a local mar- and administration of the statements of ac- the single reception antenna and associated ket where the satellite carrier makes avail- count and any royalty fees deposited with equipment used to comply with paragraph able to that person the signal of a local net- such statements.’’. (1).’’. work station affiliated with the same tele- SEC. 107. TERMINATION OF LICENSE. (b) SECTION 339.—Section 339 is amended— vision network pursuant to section 338 (and (a) TERMINATION.—Section 119 of title 17, (1) in subsection (a)— the retransmission of such signal by such United States Code, as amended by this Act, (A) in paragraph (1)(B), by striking ‘‘Such carrier can reach such subscriber); or’’; and shall cease to be effective on December 31, two network stations’’ and all that follows (III) by amending clause (ii) to read as fol- 2014. through ‘‘more than two network stations.’’; lows: (b) CONFORMING AMENDMENT.—Section and ‘‘(ii) lawfully subscribes to and receives a 1003(a)(2)(A) of Public Law 111-118 (17 U.S.C. (B) in paragraph (2)— 119 note) is repealed. distant signal on or after the date of enact- (i) in the heading for subparagraph (A), by ment of the Satellite Television Extension SEC. 108. CONSTRUCTION. striking ‘‘TO ANALOG SIGNALS’’; and Localism Act of 2010, and, subsequent to Nothing in section 111, 119, or 122 of title (ii) in subparagraph (A)— such subscription, the satellite carrier 17, United States Code, including the amend- (I) in the heading for clause (i), by striking makes available to that subscriber the signal ments made to such sections by this title, ‘‘ANALOG’’; of a local network station affiliated with the shall be construed to affect the meaning of (II) in clause (i)— same network as the distant signal (and the any terms under the Communications Act of (aa) by striking ‘‘analog’’ each place it ap- retransmission of such signal by such carrier 1934, except to the extent that such sections pears; and can reach such subscriber), unless such per- are specifically cross-referenced in such Act (bb) by striking ‘‘October 1, 2004’’ and in- son subscribes to the signal of the local net- or the regulations issued thereunder. serting ‘‘October 1, 2009’’; work station within 60 days after such signal TITLE II—COMMUNICATIONS PROVISIONS (III) in the heading for clause (ii), by strik- is made available.’’; SEC. 201. REFERENCE. ing ‘‘ANALOG’’; and (v) in subparagraph (D)— Except as otherwise provided, whenever in (IV) in clause (ii)— (I) in the heading, by striking ‘‘DIGITAL’’; this title an amendment is made to a section (aa) by striking ‘‘analog’’ each place it ap- (II) by striking clauses (i), (iii) through (v), or other provision, the reference shall be pears; and (vii) through (ix), and (xi); considered to be made to such section or pro- (bb) by striking ‘‘2004’’ and inserting (III) by redesignating clause (vi) as clause vision of the Communications Act of 1934 (47 ‘‘2009’’; (i) and transferring such clause to appear be- U.S.C. 151 et seq.). (iii) by amending subparagraph (B) to read fore clause (ii); SEC. 202. EXTENSION OF AUTHORITY. as follows: (IV) by amending such clause (i) (as so re- Section 325(b) is amended— ‘‘(B) RULES FOR OTHER SUBSCRIBERS.— designated) to read as follows: (1) in paragraph (2)(C), by striking ‘‘May ‘‘(i) IN GENERAL.—In the case of a sub- ‘‘(i) ELIGIBILITY AND SIGNAL TESTING.—A 31, 2010’’ and inserting ‘‘December 31, 2014’’; scriber of a satellite carrier who is eligible subscriber of a satellite carrier shall be eligi- and to receive the signal of a network station ble to receive a distant signal of a network (2) in paragraph (3)(C), by striking ‘‘June 1, under this section (in this subparagraph re- station affiliated with the same network 2010’’ each place it appears in clauses (ii) and ferred to as a ‘distant signal’), other than under this section if, with respect to a local (iii) and inserting ‘‘January 1, 2015’’. subscribers to whom subparagraph (A) ap- network station, such subscriber— SEC. 203. SIGNIFICANTLY VIEWED STATIONS. plies, the following shall apply: ‘‘(I) is a subscriber whose household is not (a) IN GENERAL.—Paragraphs (1) and (2) of ‘‘(I) In a case in which the satellite carrier predicted by the model specified in sub- section 340(b) are amended to read as follows: makes available to that subscriber, on Janu- section (c)(3) to receive the signal intensity ‘‘(1) SERVICE LIMITED TO SUBSCRIBERS TAK- ary 1, 2005, the signal of a local network sta- required under section 73.622(e)(1) or, in the ING LOCAL-INTO-LOCAL SERVICE.—This section tion affiliated with the same television net- case of a low-power station or translator sta- shall apply only to retransmissions to sub- work pursuant to section 338, the carrier tion transmitting an analog signal, section scribers of a satellite carrier who receive re- may only provide the secondary trans- 73.683(a) of title 47, Code of Federal Regula- transmissions of a signal from that satellite missions of the distant signal of a station af- tions, or a successor regulation; carrier pursuant to section 338. filiated with the same network to that sub- ‘‘(II) is determined, based on a test con- ‘‘(2) SERVICE LIMITATIONS.—A satellite car- scriber if the subscriber’s satellite carrier, ducted in accordance with section 73.686(d) of rier may retransmit to a subscriber in high not later than March 1, 2005, submits to that title 47, Code of Federal Regulations, or any definition format the signal of a station de- television network the list and statement re- successor regulation, not to be able to re- termined by the Commission to be signifi- quired by subparagraph (F)(i). ceive a signal that exceeds the signal inten- cantly viewed under subsection (a) only if ‘‘(II) In a case in which the satellite carrier sity standard in section 73.622(e)(1) or, in the such carrier also retransmits in high defini- does not make available to that subscriber, case of a low-power station or translator sta- tion format the signal of a station located in on January 1, 2005, the signal of a local net- tion transmitting an analog signal, section the local market of such subscriber and af- work station pursuant to section 338, the 73.683(a) of such title, or a successor regula- filiated with the same network whenever carrier may only provide the secondary tion; or such format is available from such station.’’. transmissions of the distant signal of a sta- ‘‘(III) is in an unserved household, as deter- (b) RULEMAKING REQUIRED.—Within 270 tion affiliated with the same network to that mined under section 119(d)(10)(A) of title 17, days after the date of the enactment of this subscriber if— United States Code.’’; Act, the Federal Communications Commis- ‘‘(aa) that subscriber seeks to subscribe to (V) in clause (ii)— sion shall take all actions necessary to pro- such distant signal before the date on which (aa) by striking ‘‘DIGITAL’’ in the heading; mulgate a rule to implement the amend- such carrier commences to carry pursuant to (bb) by striking ‘‘digital’’ the first two ments made by subsection (a). section 338 the signals of stations from the places such term appears;

VerDate Mar 15 2010 00:54 May 08, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.033 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3444 CONGRESSIONAL RECORD — SENATE May 7, 2010 (cc) by striking ‘‘Satellite Home Viewer after the date the subscriber submits a re- such designated market area based on the Extension and Reauthorization Act of 2004’’ quest for the test. If the written findings and most recent census data released by the and inserting ‘‘Satellite Television Exten- conclusions of a test conducted in accord- United States Census Bureau; and sion and Localism Act of 2010’’; and ance with such clause demonstrate that the ‘‘(B) there is no material evidence that (dd) by striking ‘‘, whether or not such sub- subscriber does not receive a signal that there has been a satellite or sub-system fail- scriber elects to subscribe to local digital meets or exceeds the requisite signal inten- ure subsequent to the satellite’s launch that signals’’; sity standard in such clause, the subscriber precludes the ability of the satellite carrier (VI) by inserting after clause (ii) the fol- shall not be denied the retransmission of a to satisfy the requirements of subparagraph lowing new clause: signal of a network station under section (A). ‘‘(iii) TIME-SHIFTING PROHIBITED.—In a case 119(d)(10)(A) of title 17, United States Code.’’; ‘‘(b) INFORMATION REQUIRED.—Any entity in which the satellite carrier makes avail- (C) in paragraph (4)(B), by striking ‘‘the seeking the certification provided for in sub- able to an eligible subscriber under this sub- signal intensity’’ and all that follows section (a) shall submit to the Commission paragraph the signal of a local network sta- through ‘‘United States Code’’ and inserting the following information: tion pursuant to section 338, the carrier may ‘‘such requisite signal intensity standard’’; ‘‘(1) An affidavit stating that, to the best only provide the distant signal of a station and of the affiant’s knowledge, the satellite car- affiliated with the same network to that sub- (D) in paragraph (4)(E), by striking ‘‘Grade rier provides local service in all designated scriber if, in the case of any local market in B intensity’’. market areas pursuant to the statutory li- the 48 contiguous States of the United (c) SECTION 340.—Section 340(i) is amended cense provided for in section 122 of title 17, States, the distant signal is the secondary by striking paragraph (4). United States Code, and listing those des- transmission of a station whose prime time SEC. 205. APPLICATION PENDING COMPLETION ignated market areas in which local service network programming is generally broadcast OF RULEMAKINGS. was provided as of the date of enactment of simultaneously with, or later than, the (a) IN GENERAL.—During the period begin- the Satellite Television Extension and Lo- prime time network programming of the af- ning on the date of the enactment of this Act calism Act of 2010. filiate of the same network in the local mar- and ending on the date on which the Federal ‘‘(2) For each designated market area not ket.’’; and Communications Commission adopts rules listed in paragraph (1): (VII) by redesignating clause (x) as clause pursuant to the amendments to the Commu- ‘‘(A) Identification of each such designated (iv); and nications Act of 1934 made by section 203 and market area and the location of its local re- (vi) in subparagraph (E), by striking ‘‘dis- section 204 of this title, the Federal Commu- ceive facility. tant analog signal or’’ and all that follows nications Commission shall follow its rules ‘‘(B) Data showing the number of house- through ‘‘(B), or (D))’’ and inserting ‘‘distant and regulations promulgated pursuant to holds, and maps showing the geographic dis- signal’’; sections 338, 339, and 340 of the Communica- tribution thereof, in each such designated (2) in subsection (c)— tions Act of 1934 as in effect on the day be- market area based on the most recent census (A) by amending paragraph (3) to read as fore the date of the enactment of this Act. data released by the United States Census follows: (b) TRANSLATOR STATIONS AND LOW POWER Bureau. ‘‘(3) ESTABLISHMENT OF IMPROVED PRE- TELEVISION STATIONS.—Notwithstanding sub- ‘‘(C) Maps, with superimposed effective DICTIVE MODEL AND ON-LOCATION TESTING RE- section (a), for purposes of determining isotropically radiated power predictions ob- QUIRED.— whether a subscriber within the local market tained in the satellite manufacturer’s pre- ‘‘(A) PREDICTIVE MODEL.—Within 270 days served by a translator station or a low power launch tests, showing that the contours of after the date of the enactment of the Sat- television station affiliated with a television the carrier’s satellite beams as designed and ellite Television Extension and Localism Act network is eligible to receive distant signals the geographic area that the carrier’s sat- of 2010, the Commission shall develop and ellite beams are designed to cover are pre- prescribe by rule a point-to-point predictive under section 339 of the Communications Act of 1934, the rules and regulations of the Fed- dicted to provide a good quality satellite sig- model for reliably and presumptively deter- nal to at least 90 percent of the households mining the ability of individual locations, eral Communications Commission for deter- mining such subscriber’s eligibility as in ef- in such designated market area based on the through the use of an antenna, to receive most recent census data released by the signals in accordance with the signal inten- fect on the day before the date of the enact- ment of this Act shall apply until the date United States Census Bureau. sity standard in section 73.622(e)(1) of title ‘‘(D) For any satellite relied upon for cer- 47, Code of Federal Regulations, or a suc- on which the translator station or low power television station is licensed to broadcast a tification under this section, an affidavit cessor regulation, including to account for stating that, to the best of the affiant’s the continuing operation of translator sta- digital signal. (c) DEFINITIONS.—As used in this subtitle: knowledge, there have been no satellite or tions and low power television stations. In sub-system failures subsequent to the sat- prescribing such model, the Commission (1) LOCAL MARKET; LOW POWER TELEVISION STATION; SATELLITE CARRIER; SUBSCRIBER; ellite’s launch that would degrade the design shall rely on the Individual Location performance to such a degree that a satellite Longley-Rice model set forth by the Com- TELEVISION BROADCAST STATION.—The terms ‘‘local market’’, ‘‘low power television sta- transponder used to provide local service to mission in CS Docket No. 98–201, as pre- any such designated market area is pre- viously revised with respect to analog sig- tion’’, ‘‘satellite carrier’’, ‘‘subscriber’’, and cluded from delivering a good quality sat- nals, and as recommended by the Commis- ‘‘television broadcast station’’ have the ellite signal to at least 90 percent of the sion with respect to digital signals in its Re- meanings given such terms in section 338(k) households in such designated market area port to Congress in ET Docket No. 05–182, of the Communications Act of 1934. based on the most recent census data re- FCC 05–199 (released December 9, 2005). The (2) NETWORK STATION; TELEVISION NET- leased by the United States Census Bureau. Commission shall establish procedures for WORK.—The terms ‘‘network station’’ and ‘‘(E) Any additional engineering, des- the continued refinement in the application ‘‘television network’’ have the meanings ignated market area, or other information of the model by the use of additional data as given such terms in section 339(d) of such the Commission considers necessary to de- it becomes available. Act. termine whether the Commission shall grant ‘‘(B) ON-LOCATION TESTING.—The Commis- SEC. 206. PROCESS FOR ISSUING QUALIFIED CAR- a certification under this section. sion shall issue an order completing its rule- RIER CERTIFICATION. ‘‘(c) CERTIFICATION ISSUANCE.— making proceeding in ET Docket No. 06–94 Part I of title III is amended by adding at ‘‘(1) PUBLIC COMMENT.—The Commission the end the following new section: within 270 days after the date of enactment shall provide 30 days for public comment on of the Satellite Television Extension and Lo- ‘‘SEC. 342. PROCESS FOR ISSUING QUALIFIED a request for certification under this section. calism Act of 2010. In conducting such rule- CARRIER CERTIFICATION. ‘‘(2) DEADLINE FOR DECISION.—The Commis- making, the Commission shall seek ways to ‘‘(a) CERTIFICATION.—The Commission shall sion shall grant or deny a request for certifi- minimize consumer burdens associated with issue a certification for the purposes of sec- cation within 90 days after the date on which on-location testing.’’; tion 119(g)(3)(A)(iii) of title 17, United States such request is filed. (B) by amending paragraph (4)(A) to read Code, if the Commission determines that— ‘‘(d) SUBSEQUENT AFFIRMATION.—An entity as follows: ‘‘(1) a satellite carrier is providing local granted qualified carrier status pursuant to ‘‘(A) IN GENERAL.—If a subscriber’s request service pursuant to the statutory license section 119(g) of title 17, United States Code, for a waiver under paragraph (2) is rejected under section 122 of such title in each des- shall file an affidavit with the Commission and the subscriber submits to the sub- ignated market area; and 30 months after such status was granted scriber’s satellite carrier a request for a test ‘‘(2) with respect to each designated mar- stating that, to the best of the affiant’s verifying the subscriber’s inability to receive ket area in which such satellite carrier was knowledge, it is in compliance with the re- a signal of the signal intensity referenced in not providing such local service as of the quirements for a qualified carrier. clause (i) of subsection (a)(2)(D), the satellite date of enactment of the Satellite Television ‘‘(e) DEFINITIONS.—For the purposes of this carrier and the network station or stations Extension and Localism Act of 2010— section: asserting that the retransmission is prohib- ‘‘(A) the satellite carrier’s satellite beams ‘‘(1) DESIGNATED MARKET AREA.—The term ited with respect to that subscriber shall se- are designed, and predicted by the satellite ‘designated market area’ has the meaning lect a qualified and independent person to manufacturer’s pre-launch test data, to pro- given such term in section 122(j)(2)(C) of title conduct the test referenced in such clause. vide a good quality satellite signal to at 17, United States Code. Such test shall be conducted within 30 days least 90 percent of the households in each ‘‘(2) GOOD QUALITY SATELLITE SIGNAL.—

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‘‘(A) IN GENERAL.—The term ‘‘good quality noncommercial educational television sta- ‘‘(C) The term ‘qualified satellite provider’ satellite signal’’ means— tions located within that local market.’’. means any provider of direct broadcast sat- ‘‘(i) a satellite signal whose power level as (b) DEFINITIONS.—Section 338(k) is amend- ellite service that— designed shall achieve reception and de- ed— ‘‘(i) provides the retransmission of the modulation of the signal at an availability (1) by redesignating paragraphs (2) through State public affairs networks of at least 15 level of at least 99.7 percent using— (8) as paragraphs (3) through (9), respec- different States; ‘‘(I) models of satellite antennas normally tively; ‘‘(ii) offers the programming of State pub- used by the satellite carrier’s subscribers; (2) by inserting after paragraph (1) the fol- lic affairs networks upon reasonable prices, and lowing new paragraph: terms, and conditions as determined by the ‘‘(II) the same calculation methodology ‘‘(2) ELIGIBLE SATELLITE CARRIER.—The Commission under paragraph (4); and used by the satellite carrier to determine term ‘eligible satellite carrier’ means any ‘‘(iii) does not delete any noncommercial predicted signal availability in the top 100 satellite carrier that is not a party to a car- programming of an educational or informa- designated market areas; and riage contract that— tional nature in connection with the car- ‘‘(ii) taking into account whether a signal ‘‘(A) governs carriage of at least 30 quali- riage of a State public affairs network. is in standard definition format or high defi- fied noncommercial educational television ‘‘(D) The term ‘State public affairs net- nition format, compression methodology, stations; and work’ means a non-commercial non-broad- modulation, error correction, power level, ‘‘(B) is in force and effect within 150 days cast network or a noncommercial edu- and utilization of advances in technology after the date of enactment of the Satellite cational television station— that do not circumvent the intent of this Television Extension and Localism Act of ‘‘(i) whose programming consists of infor- 2010.’’; section to provide for non-discriminatory mation about State government delibera- (3) by redesignating paragraphs (6) through treatment with respect to any comparable tions and public policy events; and (9) (as previously redesignated) as para- television broadcast station signal, a video ‘‘(ii) that is operated by— graphs (7) through (10), respectively; and signal transmitted by a satellite carrier such ‘‘(I) a State government or subdivision (4) by inserting after paragraph (5) (as so that— thereof; redesignated) the following new paragraph: ‘‘(I) the satellite carrier treats all tele- ‘‘(II) an organization described in section ‘‘(6) QUALIFIED NONCOMMERCIAL EDU- vision broadcast stations’ signals the same 501(c)(3) of the Internal Revenue Code of 1986 CATIONAL TELEVISION STATION.—The term with respect to statistical multiplexer that is exempt from taxation under section ‘qualified noncommercial educational tele- prioritization; and vision station’ means any full-power tele- 501(a) of such Code and that is governed by ‘‘(II) the number of video signals in the rel- vision broadcast station that— an independent board of directors; or evant satellite transponder is not more than ‘‘(A) under the rules and regulations of the ‘‘(III) a cable system.’’. the then current greatest number of video Commission in effect on March 29, 1990, is li- signals carried on any equivalent trans- TITLE III—REPORTS AND SAVINGS censed by the Commission as a noncommer- ponder serving the top 100 designated market PROVISION cial educational broadcast station and is areas. owned and operated by a public agency, non- SEC. 301. DEFINITION. ‘‘(B) DETERMINATION.—For the purposes of profit foundation, nonprofit corporation, or subparagraph (A), the top 100 designated In this title, the term ‘‘appropriate Con- nonprofit association; and gressional committees’’ means the Commit- market areas shall be as determined by ‘‘(B) has as its licensee an entity that is el- Nielsen Media Research and published in the tees on the Judiciary and on Commerce, igible to receive a community service grant, Science, and Transportation of the Senate Nielsen Station Index Directory and Nielsen or any successor grant thereto, from the Cor- Station Index United States Television and the Committees on the Judiciary and on poration for Public Broadcasting, or any suc- Energy and Commerce of the House of Rep- Household Estimates or any successor publi- cessor organization thereto, on the basis of resentatives. cation as of the date of a satellite carrier’s the formula set forth in section 396(k)(6)(B) application for certification under this sec- of this title.’’. SEC. 302. REPORT ON MARKET BASED ALTER- tion.’’. SEC. 208. SAVINGS CLAUSE REGARDING DEFINI- NATIVES TO STATUTORY LICENSING. SEC. 207. NONDISCRIMINATION IN CARRIAGE OF TIONS. Not later than 18 months after the date of HIGH DEFINITION DIGITAL SIGNALS Nothing in this title or the amendments the enactment of this Act, and after con- OF NONCOMMERCIAL EDUCATIONAL made by this title shall be construed to af- TELEVISION STATIONS. fect— sultation with the Federal Communications (a) IN GENERAL.—Section 338(a) is amended (1) the meaning of the terms ‘‘program re- Commission, the Register of Copyrights shall by adding at the end the following new para- lated’’ and ‘‘primary video’’ under the Com- submit to the appropriate Congressional graph: munications Act of 1934; or committees a report containing— ‘‘(5) NONDISCRIMINATION IN CARRIAGE OF (2) the meaning of the term ‘‘multicast’’ in (1) proposed mechanisms, methods, and HIGH DEFINITION SIGNALS OF NONCOMMERCIAL any regulations issued by the Federal Com- recommendations on how to implement a EDUCATIONAL TELEVISION STATIONS.— munications Commission. phase-out of the statutory licensing require- ‘‘(A) EXISTING CARRIAGE OF HIGH DEFINITION SEC. 209. STATE PUBLIC AFFAIRS BROADCASTS. ments set forth in sections 111, 119, and 122 of SIGNALS.—If, before the date of enactment of Section 335(b) is amended— title 17, United States Code, by making such the Satellite Television Extension and Lo- (1) by inserting ‘‘STATE PUBLIC AF- sections inapplicable to the secondary trans- calism Act of 2010, an eligible satellite car- FAIRS,’’ after ‘‘EDUCATIONAL,’’ in the mission of a performance or display of a rier is providing, under section 122 of title 17, heading; work embodied in a primary transmission of United States Code, any secondary trans- (2) by striking paragraph (1) and inserting a broadcast station that is authorized to li- missions in high definition format to sub- the following: cense the same secondary transmission di- scribers located within the local market of a ‘‘(1) CHANNEL CAPACITY REQUIRED.— rectly with respect to all of the perform- television broadcast station of a primary ‘‘(A) IN GENERAL.—Except as provided in ances and displays embodied in such primary transmission made by that station, then subparagraph (B), the Commission shall re- transmission; such satellite carrier shall carry the signals quire, as a condition of any provision, initial (2) any recommendations for alternative in high-definition format of qualified non- authorization, or authorization renewal for a means to implement a timely and effective commercial educational television stations provider of direct broadcast satellite service phase-out of the statutory licensing require- located within that local market in accord- providing video programming, that the pro- ments set forth in sections 111, 119, and 122 of ance with the following schedule: vider of such service reserve a portion of its title 17, United States Code; and ‘‘(i) By December 31, 2010, in at least 50 per- channel capacity, equal to not less than 4 (3) any recommendations for legislative or cent of the markets in which such satellite percent nor more than 7 percent, exclusively administrative actions as may be appro- carrier provides such secondary trans- for noncommercial programming of an edu- priate to achieve such a phase-out. missions in high definition format. cational or informational nature. SEC. 303. REPORT ON COMMUNICATIONS IMPLI- ‘‘(ii) By December 31, 2011, in every market ‘‘(B) REQUIREMENT FOR QUALIFIED SAT- in which such satellite carrier provides such CATIONS OF STATUTORY LICENSING ELLITE PROVIDER.—The Commission shall re- MODIFICATIONS. secondary transmissions in high definition quire, as a condition of any provision, initial format. authorization, or authorization renewal for a (a) STUDY.—The Comptroller General shall ‘‘(B) NEW INITIATION OF SERVICE.—If, on or qualified satellite provider of direct broad- conduct a study that analyzes and evaluates after the date of enactment of the Satellite cast satellite service providing video pro- the changes to the carriage requirements Television Extension and Localism Act of gramming, that such provider reserve a por- currently imposed on multichannel video 2010, an eligible satellite carrier initiates the tion of its channel capacity, equal to not less programming distributors under the Commu- provision, under section 122 of title 17, than 3.5 percent nor more than 7 percent, ex- nications Act of 1934 (47 U.S.C. 151 et seq.) United States Code, of any secondary trans- clusively for noncommercial programming of and the regulations promulgated by the Fed- missions in high definition format to sub- an educational or informational nature.’’; eral Communications Commission that scribers located within the local market of a (3) in paragraph (5), by striking ‘‘For pur- would be required or beneficial to con- television broadcast station of a primary poses of the subsection—’’ and inserting sumers, and such other matters as the Comp- transmission made by that station, then ‘‘For purposes of this subsection:’’; and troller General deems appropriate, if Con- such satellite carrier shall carry the signals (4) by adding at the end of paragraph (5) gress implemented a phase-out of the current in high-definition format of all qualified the following: statutory licensing requirements set forth

VerDate Mar 15 2010 02:13 May 08, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.033 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3446 CONGRESSIONAL RECORD — SENATE May 7, 2010 under sections 111, 119, and 122 of title 17, (2) the term ‘‘television broadcast station’’ that no further motions be in order; United States Code. Among other things, the has the meaning given such term in section any statements relating to the nomina- study shall consider the impact such a 325(b)(7) of such Act (47 U.S.C. 325(b)(7)). tions be printed in the RECORD, the phase-out and related changes to carriage re- SEC. 306. SAVINGS PROVISION REGARDING USE quirements would have on consumer prices President be immediately notified of OF NEGOTIATED LICENSES. the Senate’s action, and the Senate and access to programming. (a) IN GENERAL.—Nothing in this Act, title (b) REPORT.—Not later than 18 months 17, United States Code, the Communications then resume legislative session. after the date of the enactment of this Act, Act of 1934, regulations promulgated by the The PRESIDING OFFICER. Without the Comptroller General shall report to the Register of Copyrights under this title or objection, it is so ordered. appropriate Congressional committees the title 17, United States Code, or regulations The nominations considered and con- results of the study, including any rec- promulgated by the Federal Communica- firmed en bloc are as follows: ommendations for legislative or administra- tions Commission under this Act or the Com- tive actions. IN THE AIR FORCE munications Act of 1934 shall be construed to The following named officer for appoint- SEC. 304. REPORT ON IN-STATE BROADCAST PRO- prevent a multichannel video programming GRAMMING. ment in the United States Air Force to the distributor from retransmitting a perform- Not later than 18 months after the date of grade indicated under title 10, U.S.C., section ance or display of a work pursuant to an au- the enactment of this Act, the Federal Com- 624: thorization granted by the copyright owner munications Commission shall submit to the To be brigadier general appropriate Congressional committees a re- or, if within the scope of its authorization, port containing an analysis of— its licensee. Colonel Kenneth J. Moran (1) the number of households in a State (b) LIMITATION.—Nothing in subsection (a) The following named officer for appoint- that receive the signals of local broadcast shall be construed to affect any obligation of ment in the United States Air Force to the stations assigned to a community of license a multichannel video programming dis- grade indicated while assigned to a position that is located in a different State; tributor under section 325(b) of the Commu- of importance and responsibility under title (2) the extent to which consumers in each nications Act of 1934 to obtain the authority 10, U.S.C., section 601: of a television broadcast station before re- local market have access to in-state broad- To be general transmitting that station’s signal. cast programming over the air or from a Lt. Gen. Edward A. Rice, Jr. multichannel video programming dis- SEC. 307. EFFECTIVE DATE; NONINFRINGEMENT The following named officers for appoint- tributor; and OF COPYRIGHT. ment in the United States Air Force to the (3) whether there are alternatives to the (a) EFFECTIVE DATE.—Unless specifically grade indicated under title 10, U.S.C., section use of designated market areas, as defined in provided otherwise, this Act, and the amend- 624: section 122 of title 17, United States Code, to ments made by this Act, shall take effect on define local markets that would provide February 27, 2010, and with the exception of To be brigadier general more consumers with in-state broadcast pro- the reference in subsection (b), all references Colonel David W. Allvin gramming. to the date of enactment of this Act shall be Colonel Balan R. Ayyar SEC. 305. LOCAL NETWORK CHANNEL BROAD- deemed to refer to February 27, 2010, unless Colonel Thomas W. Bergeson CAST REPORTS. otherwise specified. Colonel Jack L. Briggs, II (a) REQUIREMENT.— (b) NONINFRINGEMENT OF COPYRIGHT.—The Colonel James S. Browne (1) IN GENERAL.—On the 270th day after the secondary transmission of a performance or Colonel Arnold W. Bunch, Jr. date of the enactment of this Act, and on display of a work embodied in a primary Colonel Theresa C. Carter each succeeding anniversary of such 270th transmission is not an infringement of copy- Colonel Scott L. Dennis day, each satellite carrier shall submit an right if it was made by a satellite carrier on Colonel John W. Doucette annual report to the Federal Communica- or after February 27, 2010, and prior to enact- Colonel Sandra E. Finan tions Commission setting forth— ment of this Act, and was in compliance with Colonel Donald S. George (A) each local market in which it— the law as in existence on February 27, 2010. Colonel Jerry D. Harris, Jr. (i) retransmits signals of 1 or more tele- TITLE IV—SEVERABILITY Colonel Kevin J. Jacobsen vision broadcast stations with a community SEC. 401. SEVERABILITY. Colonel Scott W. Jansson of license in that market; If any provision of this Act, an amendment Colonel Richard A. Klumpp, Jr. (ii) has commenced providing such signals made by this Act, or the application of such Colonel Leslie A. Kodlick in the preceding 1-year period; and provision or amendment to any person or Colonel Gregory J. Lengyel (iii) has ceased to provide such signals in circumstance is held to be unconstitutional, Colonel James F. Martin, Jr. the preceding 1-year period; and the remainder of this Act, the amendments Colonel Robert D. McMurry, Jr. (B) detailed information regarding the use made by this Act, and the application of Colonel Edward M. Minahan and potential use of satellite capacity for the such provision or amendment to any person Colonel Jon A. Norman retransmission of local signals in each local or circumstance shall not be affected there- Colonel James N. Post, III market. by. Colonel Steven M. Shepro (2) TERMINATION.—The requirement under Colonel Jay B. Silveria paragraph (1) shall cease after each satellite TITLE V—DETERMINATION OF Colonel David D. Thompson carrier has submitted 5 reports under such BUDGETARY EFFECTS Colonel William J. Thornton paragraph. SEC. 501. DETERMINATION OF BUDGETARY EF- Colonel Kenneth E. Todorov (b) FCC STUDY; REPORT.— FECTS. Colonel Linda R. Urrutia-Varhall (1) STUDY.—If no satellite carrier files a re- (a) IN GENERAL.—The budgetary effects of Colonel Burke E. Wilson quest for a certification under section 342 of this Act, for the purpose of complying with The following named officers for appoint- the Communications Act of 1934 (as added by the Statutory Pay-As-You-Go-Act of 2010, ment in the United States Air Force to the section 206 of this title) within 270 days after shall be determined by reference to the lat- grade indicated under title 10, U.S.C., section the date of the enactment of this Act, the est statement titled ‘‘Budgetary Effects of 624: Federal Communications Commission shall PAYGO Legislation’’ for this Act, submitted initiate a study of— for printing in the Congressional Record by To be major general (A) incentives that would induce a satellite the Chairman of the Senate Budget Com- Brigadier General Mark A. Barrett carrier to provide the signals of 1 or more mittee, provided that such statement has Brigadier General Michael R. Boera television broadcast stations licensed to pro- been submitted prior to the vote on passage. Brigadier General Edward L. Bolton, Jr. vide signals in local markets in which the Brigadier General Joseph D. Brown, IV f satellite carrier does not provide such sig- Brigadier General Norman J. Brozenick, Jr. nals; and EXECUTIVE SESSION Brigadier General Sharon K.G. Dunbar (B) the economic and satellite capacity Brigadier General David S. Fadok conditions affecting delivery of local signals Brigadier General Jonathan D. George by satellite carriers to these markets. EXECUTIVE CALENDAR Brigadier General Walter D. Givhan (2) REPORT.—Within 1 year after the date of Brigadier General Mark W. Graper the initiation of the study under paragraph Mr. WHITEHOUSE. I ask unanimous Brigadier General James W. Hyatt (1), the Federal Communications Commis- consent that the Senate proceed to ex- Brigadier General John E. Hyten sion shall submit a report to the appropriate ecutive session to consider Calendar Brigadier General Richard C. Johnston Congressional committees containing its Nos. 849 to and including 879 and all Brigadier General James J. Jones findings, conclusions, and recommendations. nominations on the Secretary’s desk in Brigadier General Bruce A. Litchfield (c) DEFINITIONS.—In this section— Brigadier General Charles W. Lyon (1) the terms ‘‘local market’’ and ‘‘satellite the Air Force, Army, Marine Corps, Brigadier General Wendy M. Masiello carrier’’ have the meaning given such terms and Navy; that the nominations be Brigadier General Kenneth D. Merchant in section 339(d) of the Communications Act confirmed en bloc, the motions to re- Brigadier General Harry D. Polumbo, Jr. of 1934 (47 U.S.C. 339(d)); and consider be laid upon the table en bloc; Brigadier General John D. Posner

VerDate Mar 15 2010 00:54 May 08, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.033 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3447 Brigadier General Lori J. Robinson indicated while assigned to a position of im- Capt. Gregory R. Thomas Brigadier General Mark O. Schissler portance and responsibility under title 10, The following named officer for appoint- Brigadier General Margaret H. Woodward U.S.C., section 601: ment in the United States Navy to the grade The following named officer for appoint- To be vice admiral indicated under title 10, U.S.C., section 624: ment in the United States Air Force to the Rear Adm. Scott R. Van Buskirk To be rear admiral (lower half) grade indicated while assigned to a position The following named officer for appoint- Capt. Mathias W. Winter of importance and responsibility under title ment in the United States Navy to the grade 10, U.S.C., section 601: The following named officer for appoint- indicated while assigned to a position of im- ment as Chief of Chaplains, United States To be lieutenant general portance and responsibility under title 10, Navy, and appointment to the grade indi- Maj. Gen. Eric E. Fiel U.S.C., section 601: cated under title 10, U.S.C., section 5142: To be vice admiral IN THE ARMY To be rear admiral Rear Adm. Mark I. Fox The following named officer for appoint- Rear Adm. (h) Mark L. Tidd ment in the United States Army to the grade The following named officer for appoint- The following named officer for appoint- indicated while assigned to a position of im- ment in the United States Navy to the grade ment in the United States Navy to the grade portance and responsibility under title 10, indicated while assigned to a position of im- indicated while assigned to a position of im- U.S.C., section 601: portance and responsibility under title 10, portance and responsibility under title 10, U.S.C., section 601: To be general U.S.C., section 601: To be vice admiral Lt. Gen. Keith B. Alexander To be vice admiral Vice Adm. David J. Venlet The following named officer for appoint- Rear Adm. Allen G. Myers ment in the United States Army to the grade The following named officer for appoint- IN THE MARINE CORPS indicated while assigned to a position of im- ment in the United States Navy to the grade portance and responsibility under title 10, indicated under title 10, U.S.C., section 624: The following named officer for appoint- U.S.C., section 601, and to be a Senior Mem- To be rear admiral ment in the United States Marine Corps to the grade indicated while assigned to a posi- ber of the Military Staff Committee of the Rear Adm. (lh) Elizabeth S. Niemyer United Nations under title 10, U.S.C., section tion of importance and responsibility unde The following named officer for appoint- 711: title 10, U.S.C., section 601: ment in the United States Navy to the grade To be lieutenant general To be lieutenant general indicated under title 10, U.S.C., section 624: Lt. Gen. Duane D. Thiessen Lt. Gen. Charles H. Jacoby, Jr. To be rear admiral (lower half) The following named officer for appoint- The following named officer for appoint- Capt. Margaret G. Kibben ment in the United States Army to the grade ment to the grade of lieutenant general in The following named officer for appoint- indicated while assigned to a position of im- the United States Marine Corps while as- ment in the United States Navy to the grade portance and responsibility under title 10, signed to a position of importance and re- indicated under title 10, U.S.C., section 624: U.S.C., section 601: sponsibility under title 10, U.S.C., section To be rear admiral (lower half) 601: To be lieutenant general Capt. David M. Boone To be lieutenant general Maj. Gen. Daniel P. Bolger The following named officers for appoint- Lt. Gen. Dennis J. Hejlik The following named officer for appoint- ment in the United States Navy to the grade The following named officers for appoint- ment in the United States Army to the grade indicated under title 10, U.S.C., section 624: indicated while assigned to a position of im- ment in the United States Marine Corps to To be rear admiral (lower half) portance and responsibility under title 10, the grade indicated under title 10, U.S.C., U.S.C., section 601: Capt. Robert J. A. Gilbeau section 624: Capt. Glenn C. Robillard To be lieutenant general To be major general The following named officers for appoint- Lt. Gen. David P. Fridovich Brigadier General Ronald L. Bailey ment in the United States Navy to the grade Brigadier General Jon M. Davis The following named officer for appoint- indicated under title 10, U.S.C., section 624: Brigadier General David C. Garza ment in the Reserve of the Army to the To be rear admiral (lower half) Brigadier General Timothy C. Hanifen grade indicated under title 10, U.S.C., section Brigadier General James A. Kessler 12203: Captain John C. Aquilino Captain Sean S. Buck Brigadier General Richard M. Lake To be major general Captain David M. Duryea Brigadier General James B. Laster Brig. Gen. Donald C. Leins Captain Peter J. Fanta Brigadier General Angela Salinas The following named officer for appoint- Captain David J. Gale Brigadier General Peter J. Talleri ment in the United States Army to the grade Captain Charles M. Gaouette Brigadier General Robert S. Walsh indicated under title 10, U.S.C., sections 624 Captain Michael M. Gilday The following named officers for appoint- and 3064: Captain Patrick D. Hall ment in the United States Marine Corps to To be brigadier general Captain Jeffrey A. Harley the grade indicated under title 10, U.S.C., Captain Ronald Horton section 624: Col. Nadja Y. West Captain Philip G. Howe To be brigadier general The following named officer for appoint- Captain Kevin J. Kovacich Colonel Brian D. Beaudreault ment as Chief of the Dental Corps, and As- Captain Dietrich H. Kuhlmann, III Colonel Vincent A. Coglianese sistant Surgeon General for Dental Services, Captain Mark C. Montgomery Colonel Craig C. Crenshaw United States Army and for appointment to Captain Scott P. Moore Colonel Francis L. Kelley, Jr. the grade indicated under title 10, U.S.C., Captain Kenneth J. Norton Colonel John K. Love sections 3036 and 3039(b): Captain Tilghman D. Payne Colonel James W. Lukeman To be major general Captain Jeffrey R. Penfield Colonel Carl E. Mundy, III Captain Frederick J. Roegge Col. Ming T. Wong Colonel Kevin J. Nally Captain Phillip G. Sawyer IN THE NAVY Colonel Daniel J. O’Donohue Captain John W. Smith, Jr. Colonel Steven R. Rudder The following named officer for appoint- Captain David F. Steindl Colonel John W. Simmons ment in the United States Navy to the grade Captain Kevin M. Sweeney Colonel Gary L. Thomas indicated while assigned to a position of im- Captain Joseph E. Tofalo portance and responsibility under title 10, Captain Michael A. Walley NOMINATIONS PLACED ON THE SECRETARY’S U.S.C., section 601: Captain Michael S. White DESK To be admiral The following named officers for appoint- IN THE AIR FORCE Vice Adm. James A. Winnefeld, Jr. ment in the United States Navy to the grade PN1274 AIR FORCE nominations (16) begin- The following named officer for appoint- indicated under title 10, U.S.C., section 624: ning RANDALL M. ASHMORE, and ending ment in the United States Navy to the grade To be rear admiral (lower half) JAMES A. SPERL, which nominations were indicated while assigned to a position of im- Capt. Brett C. Heimbigner received by the Senate and appeared in the portance and responsibility under title 10, Capt. Matthew J. Kohler Congressional Record of December 11, 2009. PN1534 AIR FORCE nomination of Carolyn U.S.C., section 601: The following named officers for appoint- Ann Moore Benyshek, which was received by To be vice admiral ment in the United States Navy to the grade the Senate and appeared in the Congres- indicated under title 10, U.S.C., section 624: Rear Adm. Carol M. Pottenger sional Record of March 9, 2010. The following named officer for appoint- To be rear admiral (lower half) PN1560 AIR FORCE nominations (11) begin- ment in the United States Navy to the grade Capt. James D. Syring ning ELIZABETH R. ANDERSONDOZE, and

VerDate Mar 15 2010 02:13 May 08, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.044 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE S3448 CONGRESSIONAL RECORD — SENATE May 7, 2010 ending KAREN M. WHARTON, which nomi- PN1705 ARMY nominations (928) beginning PN1542 NAVY nomination of Rivka L. nations were received by the Senate and ap- TYLER M. ABERCROMBIE, and ending Weiss, which was received by the Senate and peared in the Congressional Record of March D010186, which nominations were received by appeared in the Congressional Record of 10, 2010. the Senate and appeared in the Congres- March 9, 2010. PN1662 AIR FORCE nominations (110) be- sional Record of April 26, 2010. PN1543 NAVY nomination of Shawn M. ginning SANDRA S. AGUILLON, and ending PN1706 ARMY nominations (501) beginning Stebbins, which was received by the Senate SHAWNA A. ZIERKE, which nominations GREGORY J. ADY, and ending G010044, and appeared in the Congressional Record of were received by the Senate and appeared in which nominations were received by the Sen- March 9, 2010. the Congressional Record of April 21, 2010. ate and appeared in the Congressional PN1544 NAVY nomination of Henry D. PN1674 AIR FORCE nomination of Gerard Record of April 26, 2010. Lange, which was received by the Senate and G. Couvillion, which was received by the PN1707 ARMY nominations (521) beginning appeared in the Congressional Record of Senate and appeared in the Congressional EDWARD V. ABRAHAMSON, and ending March 9, 2010. Record of April 26, 2010. D006165, which nominations were received by PN1545 NAVY nomination of Christie M. PN1675 AIR FORCE nomination of Eric W. the Senate and appeared in the Congres- Quietmeyer, which was received by the Sen- Adcock, which was received by the Senate sional Record of April 26, 2010. ate and appeared in the Congressional and appeared in the Congressional Record of PN1724 ARMY nominations (3) beginning Record of March 9, 2010. April 26, 2010. CARL E. STEINBECK, and ending JEN- PN1587 NAVY nomination of Beth A. Hoff- PN1676 AIR FORCE nominations (6) begin- NIFER M. MCKENNA, which nominations man, which was received by the Senate and ning DREW C. JOHNSON, and ending JUS- were received by the Senate and appeared in appeared in the Congressional Record of TIN P. OLSEN, which nominations were re- the Congressional Record of April 28, 2010. March 25, 2010. ceived by the Senate and appeared in the PN1733 ARMY nominations (7) beginning PN1588 NAVY nominations (10) beginning Congressional Record of April 26, 2010. JAMES L. CASSARELLA, and ending RON- JOHN W. CHEATHAM, and ending NOBURO YAMAKI, which nominations were received IN THE ARMY ALD A. WESTFALL, which nominations were received by the Senate and appeared in by the Senate and appeared in the Congres- PN1535–1 ARMY nominations (25) begin- the Congressional Record of April 29, 2010. sional Record of March 25, 2010. ning RONALD J. DYKSTRA, and ending AN- PN1734 ARMY nominations (5) beginning PN1589 NAVY nominations (39) beginning THONY T. WILSON, which nominations were ANTHONY ABBOTT, and ending JEFFREY GREGORY M. SARACCO, and ending LUKE received by the Senate and appeared in the F. WILSON, which nominations were re- A. ZABROCKI, which nominations were re- Congressional Record of March 9, 2010. ceived by the Senate and appeared in the ceived by the Senate and appeared in the PN1561 ARMY nomination of Stephen T. Congressional Record of April 29, 2010. Congressional Record of March 25, 2010. Sauter, which was received by the Senate IN THE MARINE CORPS PN1629 NAVY nominations (3) beginning and appeared in the Congressional Record of JOHN T. FOJUT, and ending ANNE D. PN1318 MARINE CORPS nominations (41) March 10, 2010. RESTREPO, which nominations were re- beginning DAVID F. ALLEN, and ending PN1562 ARMY nomination of Miles T. ceived by the Senate and appeared in the MARVIN A. WILLIAMS, which nominations Gengler, which was received by the Senate Congressional Record of April 14, 2010. were received by the Senate and appeared in and appeared in the Congressional Record of PN1686 NAVY nomination of Gregory J. the Congressional Record of December 21, March 10, 2010. Murrey, which was received by the Senate 2009. PN1585 ARMY nominations (61) beginning and appeared in the Congressional Record of PN1319 MARINE CORPS nominations (663) DINO J. BESINGA, and ending SANG J. April 26, 2010. beginning JOSE M. ACEVEDO, and ending WON, which nominations were received by PN1687 NAVY nomination of Patrick V. CHAD W. ZIMMERMAN, which nominations the Senate and appeared in the Congres- Bailey, which was received by the Senate were received by the Senate and appeared in sional Record of March 25, 2010. and appeared in the Congressional Record of the Congressional Record of December 21, PN1586 ARMY nominations (8) beginning April 26, 2010. JAMES J. AIELLO, and ending WALTER C. 2009. PN1702 NAVY nomination of Andrew K. PN1447 MARINE CORPS nominations (117) PEREZ, which nominations were received by Bailey, which was received by the Senate beginning WALTER T. ANDERSON, and end- the Senate and appeared in the Congres- and appeared in the Congressional Record of ing KENNETH M. WOODARD, which nomi- sional Record of March 25, 2010. April 26, 2010. PN1666 ARMY nomination of Ramsey B. nations were received by the Senate and ap- PN1703 NAVY nomination of Todd J. Os- Salem, which was received by the Senate and peared in the Congressional Record of Feb- wald, which was received by the Senate and appeared in the Congressional Record of ruary 4, 2010. appeared in the Congressional Record of PN1448 MARINE CORPS nominations (262) April 21, 2010. April 26, 2010. PN1678 ARMY nomination of Douglas B. beginning STEPHEN J. ACOSTA, and ending PN1704 NAVY nomination of Maria D. Guard, which was received by the Senate and LUIS R. ZAMARRIPA, which nominations Julia-Montanez, which was received by the appeared in the Congressional Record of were received by the Senate and appeared in Senate and appeared in the Congressional April 26, 2010. the Congressional Record of February 4, 2010. Record of April 26, 2010. PN1679 ARMY nomination of Cheryl PN1503 MARINE CORPS nomination of PN1725 NAVY nominations (8) beginning Maguire, which was received by the Senate Peter W. McDaniel, which was received by WILLIAM T. CARNEY, and ending ANDREA and appeared in the Congressional Record of the Senate and appeared in the Congres- S. STILLER, which nominations were re- April 26, 2010. sional Record of March 3, 2010. ceived by the Senate and appeared in the PN1505 MARINE CORPS nomination of PN1680 ARMY nomination of Shirley M. Congressional Record of April 28, 2010. Ochoa-Dobies, which was received by the Dean R. Keck, which was received by the PN1735 NAVY nomination of Frederick Senate and appeared in the Congressional Senate and appeared in the Congressional Harris, which was received by the Senate and Record of April 26, 2010. Record of March 3, 2010. appeared in the Congressional Record of PN1681 ARMY nominations (2) beginning IN THE NAVY April 29, 2010. DAVID W. TERHUNE, and ending PAUL E. PN1536 NAVY nomination of James H. PN1736 NAVY nomination of Paul N. WRIGHT, which nominations were received Jones, which was received by the Senate and Langevin, which was received by the Senate by the Senate and appeared in the Congres- appeared in the Congressional Record of and appeared in the Congressional Record of sional Record of April 26, 2010. March 9, 2010. April 29, 2010. PN1682 ARMY nominations (3) beginning PN1537 NAVY nomination of Enrique G. f JUAN G. LOPEZ, and ending ROBERT G. Molina, which was received by the Senate SWARTS, which nominations were received and appeared in the Congressional Record of LEGISLATIVE SESSION by the Senate and appeared in the Congres- March 9, 2010. The PRESIDING OFFICER. The Sen- sional Record of April 26, 2010. PN1538 NAVY nomination of Scott A. Car- ate will resume legislative session. PN1683 ARMY nominations (6) beginning penter, which was received by the Senate CHRISTOPHER T. BLAIS, and ending JILL and appeared in the Congressional Record of f D. SIMONSON, which nominations were re- March 9, 2010. ORDERS FOR MONDAY, MAY 10, ceived by the Senate and appeared in the PN1539 NAVY nomination of Christopher 2010 Congressional Record of April 26, 2010. C. Richard, which was received by the Senate PN1684 ARMY nominations (12) beginning and appeared in the Congressional Record of Mr. WHITEHOUSE. I ask unanimous DARRELL W. CARPENTER, and ending March 9, 2010. consent that when the Senate com- MIST L. WRAY, which nominations were re- PN1540 NAVY nomination of Jacob C. Hinz, pletes its business today, it adjourn ceived by the Senate and appeared in the which was received by the Senate and ap- until 2 p.m., Monday, May 10; that fol- Congressional Record of April 26, 2010. peared in the Congressional Record of March lowing the prayer and pledge, the Jour- PN1685 ARMY nominations (56) beginning 9, 2010. JENIFER L. BREAUX, and ending LEON M. PN1541 NAVY nomination of Stanley E. nal of proceedings be approved to date, WILSON, which nominations were received Hovell, which was received by the Senate the morning hour be deemed expired, by the Senate and appeared in the Congres- and appeared in the Congressional Record of the time for the two leaders be re- sional Record of April 26, 2010. March 9, 2010. served for their use later in the day,

VerDate Mar 15 2010 00:56 May 08, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.036 S07MYPT1 pwalker on DSK8KYBLC1PROD with SENATE May 7, 2010 CONGRESSIONAL RECORD — SENATE S3449 and the Senate proceed to a period of COLONEL BALAN R. AYYAR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL THOMAS W. BERGESON AS CHIEF OF THE DENTAL CORPS, AND ASSISTANT SUR- morning business until 3 p.m., with COLONEL JACK L. BRIGGS II GEON GENERAL FOR DENTAL SERVICES, UNITED STATES Senators permitted to speak therein COLONEL JAMES S. BROWNE ARMY AND FOR APPOINTMENT TO THE GRADE INDI- COLONEL ARNOLD W. BUNCH, JR. CATED UNDER TITLE 10, U.S.C., SECTIONS 3036 AND 3039(B): for up to 10 minutes each; that fol- COLONEL THERESA C. CARTER To be major general lowing morning business, the Senate COLONEL SCOTT L. DENNIS COLONEL JOHN W. DOUCETTE COL. MING T. WONG resume consideration of S. 3217, Wall COLONEL SANDRA E. FINAN IN THE NAVY Street reform. COLONEL DONALD S. GEORGE COLONEL JERRY D. HARRIS, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without COLONEL KEVIN J. JACOBSEN IN THE UNITED STATES NAVY TO THE GRADE INDICATED objection, it is so ordered. COLONEL SCOTT W. JANSSON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL RICHARD A. KLUMPP, JR. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: f COLONEL LESLIE A. KODLICK COLONEL GREGORY J. LENGYEL To be admiral PROGRAM COLONEL JAMES F. MARTIN, JR. COLONEL ROBERT D. MCMURRY, JR. VICE ADM. JAMES A. WINNEFELD, JR. Mr. WHITEHOUSE. Mr. President, I COLONEL EDWARD M. MINAHAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT can announce that there will be no COLONEL JON A. NORMAN IN THE UNITED STATES NAVY TO THE GRADE INDICATED COLONEL JAMES N. POST III WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND rollcall votes during Monday’s session COLONEL STEVEN M. SHEPRO RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL JAY B. SILVERIA of the Senate. COLONEL DAVID D. THOMPSON To be vice admiral COLONEL WILLIAM J. THORNTON f REAR ADM. CAROL M. POTTENGER COLONEL KENNETH E. TODOROV ADJOURNMENT UNTIL MONDAY, COLONEL LINDA R. URRUTIA-VARHALL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL BURKE E. WILSON IN THE UNITED STATES NAVY TO THE GRADE INDICATED MAY 10, 2010, AT 2 P.M. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Mr. WHITEHOUSE. If there is no fur- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ther business to come before the Sen- CATED UNDER TITLE 10, U.S.C., SECTION 624: To be vice admiral ate, I ask unanimous consent that it To be major general REAR ADM. SCOTT R. VAN BUSKIRK adjourn under the previous order. BRIGADIER GENERAL MARK A. BARRETT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL MICHAEL R. BOERA IN THE UNITED STATES NAVY TO THE GRADE INDICATED There being no objection, the Senate, BRIGADIER GENERAL EDWARD L. BOLTON, JR. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND at 1:04 p.m., adjourned until Monday, BRIGADIER GENERAL JOSEPH D. BROWN IV RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BRIGADIER GENERAL NORMAN J. BROZENICK, JR. May 10, 2010, at 2 p.m. BRIGADIER GENERAL SHARON K.G. DUNBAR To be vice admiral BRIGADIER GENERAL DAVID S. FADOK REAR ADM. MARK I. FOX f BRIGADIER GENERAL JONATHAN D. GEORGE BRIGADIER GENERAL WALTER D. GIVHAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS BRIGADIER GENERAL MARK W. GRAPER IN THE UNITED STATES NAVY TO THE GRADE INDICATED BRIGADIER GENERAL JAMES W. HYATT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Executive nominations received by BRIGADIER GENERAL JOHN E. HYTEN RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the Senate: BRIGADIER GENERAL RICHARD C. JOHNSTON To be vice admiral BRIGADIER GENERAL JAMES J. JONES DEPARTMENT OF STATE BRIGADIER GENERAL BRUCE A. LITCHFIELD VICE ADM. DAVID J. VENLET PHILLIP CARTER III, OF VIRGINIA, A CAREER MEMBER BRIGADIER GENERAL CHARLES W. LYON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- BRIGADIER GENERAL WENDY M. MASIELLO IN THE UNITED STATES NAVY TO THE GRADE INDICATED ISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- BRIGADIER GENERAL KENNETH D. MERCHANT UNDER TITLE 10, U.S.C., SECTION 624: DINARY AND PLENIPOTENTIARY OF THE UNITED STATES BRIGADIER GENERAL HARRY D. POLUMBO, JR. OF AMERICA TO THE REPUBLIC OF COTE D’IVOIRE. BRIGADIER GENERAL JOHN D. POSNER To be rear admiral GERALD M. FEIERSTEIN, OF PENNSYLVANIA, A CAREER BRIGADIER GENERAL LORI J. ROBINSON MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF BRIGADIER GENERAL MARK O. SCHISSLER REAR ADM. (LH) ELIZABETH S. NIEMYER BRIGADIER GENERAL MARGARET H. WOODWARD MINISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED OF AMERICA TO THE REPUBLIC OF YEMEN. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- UNDER TITLE 10, U.S.C., SECTION 624: PETER MICHAEL MCKINLEY, OF VIRGINIA, A CAREER CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE To be rear admiral (lower half) MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION MINISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- 601: CAPT. MARGARET G. KIBBEN DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF COLOMBIA. To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE AIR FORCE MAJ. GEN. ERIC E. FIEL UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE ARMY To be rear admiral (lower half) IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE CAPT. DAVID M. BOONE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION IN THE UNITED STATES ARMY TO THE GRADE INDICATED 601: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be lieutenant general To be general UNDER TITLE 10, U.S.C., SECTION 624: MAJ. GEN. FRANK J. KISNER To be rear admiral (lower half) LT. GEN. KEITH B. ALEXANDER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CAPT. ROBERT J. A. GILBEAU IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. GLENN C. ROBILLARD CATED UNDER TITLE 10, U.S.C., SECTION 624: IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be brigadier general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601, IN THE UNITED STATES NAVY TO THE GRADE INDICATED AND TO BE A SENIOR MEMBER OF THE MILITARY STAFF UNDER TITLE 10, U.S.C., SECTION 624: COLONEL JEFFREY L. HARRIGIAN COMMITTEE OF THE UNITED NATIONS UNDER TITLE 10, COLONEL JOHN F. NEWELL III U.S.C., SECTION 711: To be rear admiral (lower half) COLONEL MARK C. NOWLAND COLONEL ROBERT D. THOMAS To be lieutenant general CAPTAIN JOHN C. AQUILINO CAPTAIN SEAN S. BUCK f LT. GEN. CHARLES H. JACOBY, JR. CAPTAIN DAVID M. DURYEA CAPTAIN PETER J. FANTA CONFIRMATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPTAIN DAVID J. GALE IN THE UNITED STATES ARMY TO THE GRADE INDICATED CAPTAIN CHARLES M. GAOUETTE Executive nominations confirmed by WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CAPTAIN MICHAEL M. GILDAY the Senate, Friday, May 7, 2010: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAPTAIN PATRICK D. HALL To be lieutenant general CAPTAIN JEFFREY A. HARLEY IN THE AIR FORCE CAPTAIN RONALD HORTON MAJ. GEN. DANIEL P. BOLGER CAPTAIN PHILIP G. HOWE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CAPTAIN KEVIN J. KOVACICH IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPTAIN DIETRICH H. KUHLMANN III CATED UNDER TITLE 10, U.S.C., SECTION 624: IN THE UNITED STATES ARMY TO THE GRADE INDICATED CAPTAIN MARK C. MONTGOMERY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be brigadier general CAPTAIN SCOTT P. MOORE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAPTAIN KENNETH J. NORTON COLONEL KENNETH J. MORAN To be lieutenant general CAPTAIN TILGHMAN D. PAYNE CAPTAIN JEFFREY R. PENFIELD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. DAVID P. FRIDOVICH CAPTAIN FREDERICK J. ROEGGE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CAPTAIN PHILLIP G. SAWYER CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPTAIN JOHN W. SMITH, JR. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION IN THE RESERVE OF THE ARMY TO THE GRADE INDI- CAPTAIN DAVID F. STEINDL 601: CATED UNDER TITLE 10, U.S.C., SECTION 12203: CAPTAIN KEVIN M. SWEENEY To be general To be major general CAPTAIN JOSEPH E. TOFALO CAPTAIN MICHAEL A. WALLEY LT. GEN. EDWARD A. RICE, JR. BRIG. GEN. DONALD C. LEINS CAPTAIN MICHAEL S. WHITE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED CATED UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: UNDER TITLE 10, U.S.C., SECTION 624: To be brigadier general To be brigadier general To be rear admiral (lower half) COLONEL DAVID W. ALLVIN COL. NADJA Y. WEST CAPT. BRETT C. HEIMBIGNER

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CAPT. MATTHEW J. KOHLER AIR FORCE NOMINATIONS BEGINNING WITH SANDRA S. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AGUILLON AND ENDING WITH SHAWNA A. ZIERKE, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CEMBER 21, 2009. IN THE UNITED STATES NAVY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON APRIL 21, MARINE CORPS NOMINATIONS BEGINNING WITH JOSE UNDER TITLE 10, U.S.C., SECTION 624: 2010. M. ACEVEDO AND ENDING WITH CHAD W. ZIMMERMAN, To be rear admiral (lower half) AIR FORCE NOMINATION OF GERARD G. COUVILLION, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TO BE COLONEL. AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- CAPT. JAMES D. SYRING AIR FORCE NOMINATION OF ERIC W. ADCOCK, TO BE CEMBER 21, 2009. CAPT. GREGORY R. THOMAS MAJOR. MARINE CORPS NOMINATIONS BEGINNING WITH WAL- AIR FORCE NOMINATIONS BEGINNING WITH DREW C. TER T. ANDERSON AND ENDING WITH KENNETH M. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHNSON AND ENDING WITH JUSTIN P. OLSEN, WHICH WOODARD, WHICH NOMINATIONS WERE RECEIVED BY IN THE UNITED STATES NAVY TO THE GRADE INDICATED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- UNDER TITLE 10, U.S.C., SECTION 624: THE SENATE AND APPEARED IN THE CONGRESSIONAL PEARED IN THE CONGRESSIONAL RECORD ON APRIL 26, RECORD ON FEBRUARY 4, 2010. To be rear admiral (lower half) 2010. MARINE CORPS NOMINATIONS BEGINNING WITH STE- IN THE ARMY PHEN J. ACOSTA AND ENDING WITH LUIS R. ZAMARRIPA, CAPT. MATHIAS W. WINTER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH RONALD J. AND APPEARED IN THE CONGRESSIONAL RECORD ON AS CHIEF OF CHAPLAINS, UNITED STATES NAVY, AND DYKSTRA AND ENDING WITH ANTHONY T. WILSON, FEBRUARY 4, 2010. APPOINTMENT TO THE GRADE INDICATED UNDER TITLE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARINE CORPS NOMINATION OF PETER W. MCDANIEL, 10, U.S.C., SECTION 5142: AND APPEARED IN THE CONGRESSIONAL RECORD ON TO BE LIEUTENANT COLONEL. MARCH 9, 2010. MARINE CORPS NOMINATION OF DEAN R. KECK, TO BE To be rear admiral ARMY NOMINATION OF STEPHEN T. SAUTER, TO BE LIEUTENANT COLONEL. COLONEL. REAR ADM. (LH) MARK L. TIDD IN THE NAVY ARMY NOMINATION OF MILES T. GENGLER, TO BE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJOR. NAVY NOMINATION OF JAMES H. JONES, TO BE CAP- IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING WITH DINO J. TAIN. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BESINGA AND ENDING WITH SANG J. WON, WHICH NOMI- NAVY NOMINATION OF ENRIQUE G. MOLINA, TO BE COM- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NATIONS WERE RECEIVED BY THE SENATE AND AP- MANDER. To be vice admiral PEARED IN THE CONGRESSIONAL RECORD ON MARCH 25, NAVY NOMINATION OF SCOTT A. CARPENTER, TO BE 2010. COMMANDER. REAR ADM. ALLEN G. MYERS ARMY NOMINATIONS BEGINNING WITH JAMES J. NAVY NOMINATION OF CHRISTOPHER C. RICHARD, TO AIELLO AND ENDING WITH WALTER C. PEREZ, WHICH IN THE MARINE CORPS BE COMMANDER. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATION OF JACOB C. HINZ, TO BE COM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON MARCH 25, MANDER. IN THE UNITED STATES MARINE CORPS TO THE GRADE 2010. NAVY NOMINATION OF STANLEY E. HOVELL, TO BE INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- ARMY NOMINATION OF RAMSEY B. SALEM, TO BE COLO- LIEUTENANT COMMANDER. TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., NEL. NAVY NOMINATION OF RIVKA L. WEISS, TO BE LIEU- SECTION 601: ARMY NOMINATION OF DOUGLAS B. GUARD, TO BE TENANT COMMANDER. MAJOR. NAVY NOMINATION OF SHAWN M. STEBBINS, TO BE To be lieutenant general ARMY NOMINATION OF CHERYL MAGUIRE, TO BE LIEUTENANT COMMANDER. LT. GEN. DUANE D. THIESSEN MAJOR. NAVY NOMINATION OF HENRY D. LANGE, TO BE LIEU- ARMY NOMINATION OF SHIRLEY M. OCHOA-DOBIES, TO TENANT COMMANDER. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BE MAJOR. NAVY NOMINATION OF CHRISTIE M. QUIETMEYER, TO TO THE GRADE OF LIEUTENANT GENERAL IN THE ARMY NOMINATIONS BEGINNING WITH DAVID W. TER- BE LIEUTENANT COMMANDER. UNITED STATES MARINE CORPS WHILE ASSIGNED TO A HUNE AND ENDING WITH PAUL E. WRIGHT, WHICH NOMI- NAVY NOMINATION OF BETH A. HOFFMAN, TO BE LIEU- POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER NATIONS WERE RECEIVED BY THE SENATE AND AP- TENANT COMMANDER. TITLE 10, U.S.C., SECTION 601: PEARED IN THE CONGRESSIONAL RECORD ON APRIL 26, NAVY NOMINATIONS BEGINNING WITH JOHN W. To be lieutenant general 2010. CHEATHAM AND ENDING WITH NOBURO YAMAKI, WHICH ARMY NOMINATIONS BEGINNING WITH JUAN G. LOPEZ NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- LT. GEN. DENNIS J. HEJLIK AND ENDING WITH ROBERT G. SWARTS, WHICH NOMINA- PEARED IN THE CONGRESSIONAL RECORD ON MARCH 25, TIONS WERE RECEIVED BY THE SENATE AND APPEARED 2010. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE CONGRESSIONAL RECORD ON APRIL 26, 2010. NAVY NOMINATIONS BEGINNING WITH GREGORY M. IN THE UNITED STATES MARINE CORPS TO THE GRADE ARMY NOMINATIONS BEGINNING WITH CHRISTOPHER SARACCO AND ENDING WITH LUKE A. ZABROCKI, WHICH INDICATED UNDER TITLE 10, U.S.C., SECTION 624: T. BLAIS AND ENDING WITH JILL D. SIMONSON, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be major general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MARCH 25, PEARED IN THE CONGRESSIONAL RECORD ON APRIL 26, 2010. BRIGADIER GENERAL RONALD L. BAILEY 2010. NAVY NOMINATIONS BEGINNING WITH JOHN T. FOJUT BRIGADIER GENERAL JON M. DAVIS ARMY NOMINATIONS BEGINNING WITH DARRELL W. AND ENDING WITH ANNE D. RESTREPO, WHICH NOMINA- BRIGADIER GENERAL DAVID C. GARZA CARPENTER AND ENDING WITH MIST L. WRAY, WHICH TIONS WERE RECEIVED BY THE SENATE AND APPEARED BRIGADIER GENERAL TIMOTHY C. HANIFEN NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE CONGRESSIONAL RECORD ON APRIL 14, 2010. BRIGADIER GENERAL JAMES A. KESSLER PEARED IN THE CONGRESSIONAL RECORD ON APRIL 26, NAVY NOMINATION OF GREGORY J. MURREY, TO BE BRIGADIER GENERAL RICHARD M. LAKE 2010. CAPTAIN. BRIGADIER GENERAL JAMES B. LASTER ARMY NOMINATIONS BEGINNING WITH JENIFER L. NAVY NOMINATION OF PATRICK V. BAILEY, TO BE CAP- BRIGADIER GENERAL ANGELA SALINAS BREAUX AND ENDING WITH LEON M. WILSON, WHICH TAIN. BRIGADIER GENERAL PETER J. TALLERI NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATION OF ANDREW K. BAILEY, TO BE LIEU- BRIGADIER GENERAL ROBERT S. WALSH PEARED IN THE CONGRESSIONAL RECORD ON APRIL 26, TENANT COMMANDER. 2010. NAVY NOMINATION OF TODD J. OSWALD, TO BE LIEU- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH TYLER M. ABER- TENANT COMMANDER. IN THE UNITED STATES MARINE CORPS TO THE GRADE CROMBIE AND ENDING WITH D010186, WHICH NOMINA- NAVY NOMINATION OF MARIA D. JULIA-MONTANEZ, TO INDICATED UNDER TITLE 10, U.S.C., SECTION 624: TIONS WERE RECEIVED BY THE SENATE AND APPEARED BE LIEUTENANT COMMANDER. To be brigadier general IN THE CONGRESSIONAL RECORD ON APRIL 26, 2010. NAVY NOMINATIONS BEGINNING WITH WILLIAM T. CAR- ARMY NOMINATIONS BEGINNING WITH GREGORY J. NEY AND ENDING WITH ANDREA S. STILLER, WHICH COLONEL BRIAN D. BEAUDREAULT ADY AND ENDING WITH G010044, WHICH NOMINATIONS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL VINCENT A. COGLIANESE WERE RECEIVED BY THE SENATE AND APPEARED IN THE PEARED IN THE CONGRESSIONAL RECORD ON APRIL 28, COLONEL CRAIG C. CRENSHAW CONGRESSIONAL RECORD ON APRIL 26, 2010. 2010. COLONEL FRANCIS L. KELLEY, JR. ARMY NOMINATIONS BEGINNING WITH EDWARD V. NAVY NOMINATION OF FREDERICK HARRIS, TO BE COM- COLONEL JOHN K. LOVE ABRAHAMSON AND ENDING WITH D006165, WHICH NOMINA- MANDER. COLONEL JAMES W. LUKEMAN TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATION OF PAUL N. LANGEVIN, TO BE LIEU- COLONEL CARL E. MUNDY III IN THE CONGRESSIONAL RECORD ON APRIL 26, 2010. TENANT COMMANDER. COLONEL KEVIN J. NALLY ARMY NOMINATIONS BEGINNING WITH CARL E. COLONEL DANIEL J. O’DONOHUE STEINBECK AND ENDING WITH JENNIFER M. MCKENNA, COLONEL STEVEN R. RUDDER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE f COLONEL JOHN W. SIMMONS AND APPEARED IN THE CONGRESSIONAL RECORD ON COLONEL GARY L. THOMAS APRIL 28, 2010. ARMY NOMINATIONS BEGINNING WITH JAMES L. IN THE AIR FORCE CASSARELLA AND ENDING WITH RONALD A. WESTFALL, WITHDRAWAL AIR FORCE NOMINATIONS BEGINNING WITH RANDALL WHICH NOMINATIONS WERE RECEIVED BY THE SENATE Executive Message transmitted by M. ASHMORE AND ENDING WITH JAMES A. SPERL, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- APRIL 29, 2010. the President to the Senate on May 7, PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER ARMY NOMINATIONS BEGINNING WITH ANTHONY AB- 2010 withdrawing from further Senate 11, 2009. BOTT AND ENDING WITH JEFFREY F. WILSON, WHICH AIR FORCE NOMINATION OF CAROLYN ANN MOORE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- consideration the following nomina- BENYSHEK, TO BE COLONEL. PEARED IN THE CONGRESSIONAL RECORD ON APRIL 29, tion: AIR FORCE NOMINATIONS BEGINNING WITH ELIZABETH 2010. R. ANDERSONDOZE AND ENDING WITH KAREN M. WHAR- IN THE MARINE CORPS STEVEN L. JACQUES, OF KANSAS, TO BE AN ASSISTANT TON, WHICH NOMINATIONS WERE RECEIVED BY THE SEN- SECRETARY OF HOUSING AND URBAN DEVELOPMENT, ATE AND APPEARED IN THE CONGRESSIONAL RECORD MARINE CORPS NOMINATIONS BEGINNING WITH DAVID VICE CATHY M. MACFARLANE, WHICH WAS SENT TO THE ON MARCH 10, 2010. F. ALLEN AND ENDING WITH MARVIN A. WILLIAMS, SENATE ON SEPTEMBER 29, 2009.

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HOME STAR ENERGY RETROFIT event that highlights and appreciates musical tive of government compares with the day to ACT OF 2010 performances and talented artists. This unique day reality. The question itself is as inter- event which has been supported by local citi- esting as the answer, because it reveals the SPEECH OF tendency of both academics and civilians to zens, state and federal agencies has enriched view government as a kind of abstract enti- HON. MICHAEL N. CASTLE the lives of countless individuals for three ty. But in a representational democracy, OF DELAWARE quarters of a century. government is very much a living entity. It IN THE HOUSE OF REPRESENTATIVES This year’s 75th Winter Park Bach Festival is intended to be an instrument of our com- coincides with the 325th birthday of Johann mon purpose, and like most instruments, it Thursday, May 6, 2010 Sebastian Bach. Although the composer and doesn’t play itself. People make government The House in Committee of the Whole master of music is long departed, this extraor- work. House on the State of the Union had under dinary music celebration allows his work and People keep us safe from terrorist threats consideration the bill (H.R. 5019) to provide the music of other great masters to live on and food-borne illness; people develop new for the establishment of the Home Star Ret- treatments for diseases; people protect our and be enjoyed today. natural resources. The list goes on and on, rofit Rebate Program, and for other pur- Congratulations to all those associated with poses: and yet, far too often, we overlook—or sim- and supporting this effort, including the fes- ply take for granted—these people: Amer- Mr. CASTLE. Madam Chair, I rise today in tival’s host Rollins College and its renowned ica’s public servants. And so for all you do to support of the Home Star Energy Retrofit Act Knowles Memorial Chapel. Special recognition make government work in pursuit of the of 2010 (H.R. 5019), which aims to provide an is also well deserved for the Bach Festival greater good, let me say thank you. incentive based program for homeowners who Board of Trustees and its staff who work to You stepped up to the plate, and we ur- invest in improving their home’s energy effi- carry on this great cultural legacy. gently need to find more people who are will- ciency. Also it is important to highlight the Festival ing to take up the mantle of public service. In the next few years, an estimated one-third Energy efficiency is the fastest and cheap- Society’s efforts to promote a young artist’s est way to reduce our energy consumption in of the government’s top scientists, engi- competition that ensures great talent and fos- neers, physicians, mathematicians, econo- the home, and cut energy costs for American ters music appreciation in our future genera- mists, and other highly specialized profes- households. According to the Alliance to Save tions. sionals are expected to retire. Energy, the average American household Madam Speaker, I know my colleagues in Since a high-quality workforce is the key spends $2,100 each year paying for home en- the U.S. House of Representatives join me in to success for any organization, we need to ergy, and could save 25 percent through bet- praising and saluting the special accomplish- both inspire the next generation to enter ter energy efficiency. Beyond the benefits of ments and anniversary of the Winter Park government service—and make sure we have the tools to compete for the country’s best lowering the cost of energy bills for American Bach Festival and its society members. households, energy efficiency plays a critical minds. I’m pleased to have worked with the f Partnership for Public Service on legislation role throughout the U.S. by reducing energy A TRIBUTE TO VICKI LEVIN, to do just that: The Roosevelt Scholars Act consumption, which improves our energy se- (H.R. 1161). This legislation would create a curity. PUBLIC SERVANT much needed pipeline of talent for the fed- Recognizing that the national debt continues eral government by awarding graduate-level to grow, Congress has the responsibility to HON. DAVID E. PRICE scholarships to students who commit to pub- pay-as-we-go, and ensure that appropriated OF NORTH CAROLINA lic service. funds proceed through the budget process. IN THE HOUSE OF REPRESENTATIVES Another element of our personnel and re- For this reason, I also support the amendment cruitment efforts must be recognizing public Friday, May 7, 2010 servants and lauding the intrinsic rewards of to sunset the Act if the funding for this pro- Mr. PRICE of North Carolina. Madam a career in government service. I believe it is gram will have a negative net effect on the Speaker, I rise to direct the House’s attention the personal stories of our public servants federal budget deficit. to Public Service Recognition Week, a time in themselves that will best help us make this Because funding under the ARRA for the which we honor the more than 20 million men case. weatherization program has been slow to im- One such person is Vicki Levin, the dear and women who serve our Nation as Federal, plement, I also have concerns regarding the wife of our friend and colleague Congressman State, county and local government employ- Department of Energy’s ability to implement Sandy Levin, who passed away in September ees. this new program under the tight deadlines re- 2008. On May 4, 2010, I joined the Partnership for The Levin family has a long record of serv- quired by the bill. Authorizing this program, in- Public Service at an event they hosted to ice in our justice and judicial systems both stead of providing emergency spending, will commend all of our Nation’s public servants in their home state of Michigan and here in hopefully give Congress adequate oversight and to recognize one in particular: the late Congress. Sandy chairs the Ways and Means over implementation of the program, which will Vicki Levin, wife of our colleague from Michi- Committee in the House while his brother Carl chairs Armed Services in the Senate; still be subject to available funding through the gan. The Partnership presented a plaque to regular appropriations process. they are the longest-serving brothers in con- Representative SANDY LEVIN with the following gressional history and one of the few sets f inscription: ‘‘In memory of Vicki Levin with ever to serve as chairman simultaneously. BACH FESTIVAL OF WINTER PARK, deep appreciation for three decades of dedi- And yet Sandy’s son, Andy, who oversees FLORIDA cated service to our country.’’ I was pleased to workforce development and adult education offer the following remarks to commend our programs for the state of Michigan, says it Nation’s public servants and to honor Vicki was not his father or his uncle who inspired HON. JOHN L. MICA him to choose a career in public service. Levin. I also wish to enclose in the RECORD a OF FLORIDA Andy wrote a column about his mother column reflecting on Vicki’s exemplary public IN THE HOUSE OF REPRESENTATIVES shortly after her death, the sort of column service, written by the Levins’ son, Andy. any of us would be immeasurably proud to Friday, May 7, 2010 REMARKS AT THE PARTNERSHIP FOR PUBLIC have our children write. Andy says this Mr. MICA. Madam Speaker, I rise today to SERVICE RECEPTION HONORING VICKI LEVIN about the source of his inspiration: ‘‘my bring special recognition to the Bach Festival Thank you for inviting me to join you at mom . . . not famous and never elected to of- Society of Winter Park, Florida. This year tonight’s celebration of Public Service Rec- fice . . . a classic ‘Washington bureaucrat’.’’ Vicki worked for nearly three decades— 2010 marks the 75th Anniversary of this sig- ognition Week. It’s a pleasure to be here and to help acknowledge the contributions of our until health reasons forced her to retire—as nificant cultural organization and its out- nation’s public servants—and of one very a science research officer for a variety of standing music festival. dedicated individual in particular. agencies within the U.S. Department of Over the past decades thousands of people As a political scientist by training, I am Health and Human Services (DHHS). During have enjoyed and participated in the special often asked about how the academic perspec- her career there, as well as for much of her

∑ 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.

VerDate Mar 15 2010 01:50 May 08, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MY8.001 E07MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E792 CONGRESSIONAL RECORD — Extensions of Remarks May 7, 2010 life, she was a tireless advocate for research the common good, to build a new financial Perhaps, with the consequences of unregu- on children’s mental health. In fact, it was system that encourages investment, the lated greed staring us in the face this holi- her interest in this issue that prompted building of real things and the provision of day, we are ready to give thanks for the Sandy to spearhead an effort to rewrite useful services, and that holds financial deci- humble public servants, who forgo the great- Michigan’s special education laws during the sion makers accountable for their actions— er monetary rewards of the private sector to time he was serving as a state senator. the essence of capitalism. toil for the good of us all. The official description of Vicki’s work on If you’ve been in Michigan for any time at f an NIH scientific review committee is that all, you may recognize my last name from she ran a committee of scientists who de- our family’s long line of public servants. My NATIONAL TRAIN DAY cided which research proposals to fund in the grandpa, Saul Levin, served on the Michigan Corrections Commission. Saul’s brother, areas of infant and children’s mental health. SPEECH OF However, as with many of our public serv- Theodore, was a federal judge, and Uncle ants, that description simply doesn’t give a Ted’s son, Charles, served on the Michigan HON. PHIL HARE Supreme Court. My dad, U.S. Rep. Sandy full picture of what her job really was, or OF ILLINOIS more importantly, what her work meant to Levin, and my uncle, U.S. Sen. Carl Levin, the average person. have quietly become the longest serving IN THE HOUSE OF REPRESENTATIVES Since her death, volumes of letters from brothers in the history of Congress. Wednesday, May 5, 2010 coast to coast have been sent to the Levin But it’s none of these men who set me to family. Some credited Vicki Levin with help- wondering whether we’re about to see a pub- Mr. HARE. Madam Speaker, I rise today to ing develop the emerging field of develop- lic service renaissance. No, it was my mom, join with the Chairwoman of the Railroad, ment psychopathology; many highlighted Vicki Levin, not famous and never elected to Pipelines, and Hazardous Materials Sub- office. For almost 30 years, until she was how she improved the lives of children by ad- committee, Representative CORRINE BROWN, forced to retire in the spring for health rea- vancing research on the biological and envi- sons, Mom worked hard as a federal em- in supporting H. Res. 1301, a resolution sup- ronmental factors necessary for a healthy ployee—a classic ‘‘Washington bureaucrat.’’ porting and recognizing National Train Day. childhood; a number of scholars credited her We kids thought we knew a lot about The story of trains in our country is one that with nurturing and encouraging their work Mom’s career. She ran a committee of sci- mirrors the remarkable story of our nation. at a critical point; and others told personal entists who decided which research proposals Over 150 years ago, the first trains started to stories about how Vicki helped them through to fund in the area of infant and children’s a personal situation. move people and goods across the nation. mental health. We watched her read through Trains helped lay the groundwork for the in- In his column, Andy Levin noted that Vicki mountains of papers, often bringing work dustrial revolution and helped spur westward ‘‘was like so many others among the 21 mil- home. We watched her sweat in preparation expansion. lion federal, state, and local public servants for the thrice-yearly meetings of her com- Today, trains continue to play an important who make sure we have clean water to drink, mittee, making sure all the details were just right. role in American life. In my district, freight is safe roads and park lands, and who try to pro- But I don’t think I ever appreciated what safely moved by train throughout Galesburg, tect us from things such as tainted Chinese her work meant to her and to others, not Decatur, and many other areas. Passenger milk without setting up crippling barriers to fully. Back when I lived in the Washington, rail plays a tremendous role in modern Amer- international trade.’’ D.C., area, I tried to convince Mom to retire ica. In places like Quincy, Illinois, Amtrak has Vicki Levin serves as a perfect example of so she could spend more time with my four helped connect smaller communities with larg- the kind of person that conducts government kids and her other grandchildren. After all, er ones and the resources they have to offer. work: someone whose goal is promoting and she was in her early 70s. Why not kick back? Mom bristled at the idea, saying her work In the near future, high-speed rail will cross protecting the common good. Her story is a and her relationship with colleagues were my district in two separate areas helping stirring reminder of the recognition that public central to her life. bridge urban and rural America and making service professionals merit, and an inspiration When her battle with breast cancer forced each accessible in a more environmentally for others to join her son and commit to a life her to retire in April, we all learned just friendly way, of public service. what Mom was talking about—and just how much public service can mean. Letters of I am proud to say that the future of trains in From the Detroit Free Press, Nov. 27, 2008] tribute poured in from colleagues, dozens America is bright. I join Chairwoman BROWN in BE GRATEFUL FOR PUBLIC SERVANTS, MAYBE and dozens of research scientists at univer- aggressively pursuing a network of high-speed BECOME ONE YOURSELF sities from coast to coast. (You can read rail corridors that will make the viability of pas- (By Andy Levin) them at http://eskoink.com/VL/ senger trains more attractive while continuing I come from a family of public servants, Vickilevin.pdf.) Many scholars, some now department our work to ensure that the nation’s freight rail people who work for the people. chairs, told detailed stories about how they network remains secure, active, and vibrant. In recent years, this calling has fallen out got their research start with Mom’s help, or National Train Day calls attention to the of public favor. Approval ratings for the fed- how she co-authored a paper with one sci- eral government sank to 37% this year, from many positive contributions rail makes to our entist that is still her most cited work, or a high of 73% six years earlier, according to national economy. Rail makes for a safe, how her committee was the intellectual the Pew Center. While much of this has to do clean, effective transport of goods and serv- salon of their field. with the economy and attitudes toward the Some credit her with helping create the ices. Trains have been, are, and will continue Bush administration, distrust of ‘‘Wash- emerging field of developmental psycho- to be a critical part of our nation’s great story. ington bureaucrats’’ is an enduring feature pathology. More than one said she has made Madam Speaker, I strongly urge my col- of the American polity. the lives of children everywhere better by leagues to pass H. Res. 1301, a bipartisan But two developments herald a public serv- helping spawn and nourish path-breaking re- resolution which recognizes and supports Na- ice comeback. search on the biological and environmental tional Train Day. I thank Representative The first, of course, was the election—and factors necessary for a healthy childhood. BROWN for authoring this bill and look forward the campaign—of Barack Obama. More than Many of them told personal stories about any other successful presidential candidate how Mom had counseled them through a di- to continue working with her. since John Kennedy in 1960, Obama placed at vorce, adoption or rocky situation at the of- f the center of his campaign a call for each of fice. us to serve and to sacrifice for the common OK, this is my mom, so you can imagine PERSONAL EXPLANATION good. how reading all this felt. But if you step The second is the financial meltdown. In back, Vicki Levin was like so many others the last quarter century, Democratic and Re- among the 21 million federal, state and local HON. RUSS CARNAHAN publican administrations alike participated public servants who make sure we have clean OF MISSOURI in the mechanistic trend of ‘‘less government water to drink, safe roads and park lands, IN THE HOUSE OF REPRESENTATIVES is better’’ to the point where banks and in- and who try to protect us from things such Friday, May 7, 2010 vestment houses could engage in virtually as tainted Chinese milk without setting up any scheme to make money with no one real- crippling barriers to international trade. Mr. CARNAHAN. Madam Speaker, due to ly responsible for making sure decisions Thanksgiving will be hard for my family being unavoidably delayed, I missed the vote were sound. And the companies were able to this year. Mom died Sept. 4 just a few weeks on the Vela´zquez/Gutierrez Amendment No. 5 pay their executives outrageous sums that shy of my parents’ 51st wedding anniversary. bore no relationship to performance. But as we gather together, and each work to H.R. 2499 (Roll No. 238). I would like the In this moment of political opening in re- privately through our losses and gratitudes, RECORD to reflect that I would have voted action to economic crisis, people seem to be I wonder whether our nation is ready to against this amendment, which failed over- realizing that we need public servants, peo- move on from the simplistic notion that whelmingly by a margin of 11–387, had I been ple whose goal is promoting and protecting ‘‘government is the problem.’’ present to record my vote.

VerDate Mar 15 2010 01:50 May 08, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MY8.003 E07MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 7, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E793 RECOGNIZING THE 10,000TH GED last year 573 of its students earned the GED. home and family as the true foundation of the ‘‘GRADUATE’’ FROM THE SOUTH- Over the years 42 percent of these GED grad- Nation. I want to pay tribute to my mother WESTERN ILLINOIS COLLEGE uates have enrolled in undergraduate pro- Ivalita Jackson who has stood the test of time ADULT EDUCATION PROGRAM grams at Southwestern alone. ‘‘We see our in rearing and raising her children. I would former adult education students in the halls also like to take this time to honor my aunt HON. JERRY F. COSTELLO and classrooms at SWIC and all about town,’’ Valerie Bennett for her constant love and sup- OF ILLINOIS reports Janice Buchwald, the current GED Di- port. To the mothers of Houston, too many to IN THE HOUSE OF REPRESENTATIVES rector. The program has students who have name here, I salute you for your dedication to Friday, May 7, 2010 finished nursing programs, transferred to 4- raising and saving your children. year institutions and are working as lab techni- Today, thousands of mothers in this country Mr. COSTELLO. Madam Speaker, I rise cians, graphic designers, cafeteria managers, have become active and effective participants today to ask my colleagues to join me in rec- salespersons and in a host of other occupa- in public life and public service, promoting ognizing the 10,000th GED ‘‘graduate’’ from tions. Undoubtedly Southwestern Illinois Col- change and improving the quality of life for the Adult Education Program at Southwestern lege’s adult education efforts are having a sig- men, women, and children throughout the Na- Illinois College. nificant impact on the lives of many district tion. In 1990, Southwestern Illinois College residents. Mothers continue to rise to the challenge of changed its adult education programming from Madam Speaker, I ask my colleagues to join raising their families with love, understanding, a general literacy effort to a program focused me in congratulating the board, administration, and compassion, while overcoming the chal- on preparing students for the GED test and faculty and students of Southwestern Illinois lenges of modern society; Mothers throughout transitioning them into postsecondary edu- College as they recognize and celebrate the our country juggle between work, family and cation. Martha Giordano, Ph.D., who headed 10,000th GED ‘‘graduate’’ from their Adult the household, all with a smile on their faces. the program then, recalls that ‘‘It was like a Education Program. On May 9, 2010, we will honor mothers, light coming on. Students wanted a high f grandmothers, mothers-in-law, stepmothers, school completion so they could move on. We foster mothers and godmothers who take in CELEBRATING MOTHERS AND had to make everything we did relate to this children, mothers who adopt, those who act as MOTHER’S DAY primary goal.’’ The program revised its cur- mothers, for those women who have no rela- riculum and course scheduling to accomplish SPEECH OF tions by blood but who give the gift of moth- that goal. ering to children. Martha O’Malley, the St. Clair County Re- HON. SHEILA JACKSON LEE I want to congratulate and praise all of the gional Superintendent of Education at the OF TEXAS mothers in America for all of their hard work. time, also saw the light and decided to help. IN THE HOUSE OF REPRESENTATIVES Mothers have a huge influence on our every- She made GED testing locally available when Wednesday, May 5, 2010 day lives; we owe all of our success to them. she took on the responsibility of testing and As former President George Washington put it persuaded the other district Regional Super- Ms. JACKSON LEE of Texas. Madam best ‘‘My mother was the most beautiful intendents to do likewise. GED tests were ad- Speaker, I rise today in strong support of H. woman I ever saw. All I am I owe to my moth- ministered monthly throughout the district and Res. 1295, ‘‘Celebrating the role of mothers in er. I attribute all my success in life to the registration for testing became an ongoing ac- the United States and supporting the goals moral, intellectual, and physical education I re- tivity in the regional offices. This practice con- and ideals of Mother’s Day.’’ First and fore- ceived from her.’’ We can never thank our tinues to the present. most I would like to thank my distinguished ‘‘This combination of intensive, highly fo- colleague from Nebraska, Representative JEFF mothers enough for all the sacrifices they cused instruction and frequent local testing ac- FORTENBERRY, for introducing this bill. It is vital have made for us. I wish all families a very counts for our high numbers,’’ states Gior- we recognize that mothers have made im- happy Mother’s Day this Sunday. dano. ‘‘When students come to our program, measurable contributions toward building f they know we will take them from where they strong families, thriving communities, and ulti- are and push them forward until they are mately a strong nation. The services rendered PERSONAL EXPLANATION ready for that test.’’ to the children of the United States by their Southwestern Illinois College keeps careful mothers have strengthened and inspired the HON. MICHAEL N. CASTLE records of the students who pass, and in Oc- Nation throughout its history. OF DELAWARE tober 2009, it recorded its 10,000th GED Today I stand before my colleagues hon- IN THE HOUSE OF REPRESENTATIVES ‘‘graduate.’’ This year, at its annual GED Cer- oring the 102d anniversary since the first offi- Friday, May 7, 2010 tificate Ceremony—May 19, 2010—the Col- cial Mother’s Day. As a mother of two children lege and District will celebrate this important myself, I understand the hardships and difficul- Mr. CASTLE. Madam Speaker, on rollcall milestone. ties that so many mothers face every day in No. 252, the Barton of Texas Amendment No. Southwestern Illinois College has one of the our country. We honor ourselves and mothers 2 to H.R. 5019, the Home Star Energy Retrofit largest adult education programs in Illinois. It in the United States when we revere and em- Act of 2010, had I been present, I would have averages over 500 graduates annually, and phasize the importance of the role of the voted ‘‘aye.’’

VerDate Mar 15 2010 01:50 May 08, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MY8.007 E07MYPT1 tjames on DSKG8SOYB1PROD with REMARKS Friday, May 7, 2010 Daily Digest Senate Association under the Act of January 23, 1909, Chamber Action clearing the measure for the President. Page S3431 Routine Proceedings, pages S3385–S3450 Adams Memorial Foundation: Senate passed Measures Introduced: Five bills and four resolu- H.R. 2802, to provide for an extension of the legis- tions were introduced, as follows: S. 3329–3333, and lative authority of the Adams Memorial Foundation S. Res. 515–518. Page S3407 to establish a commemorative work in honor of Measures Passed: former President John Adams and his legacy, clear- Dyke Marsh Wildlife Preserve: Senate agreed to ing the measure for the President. Page S3431 S. Res. 297, to recognize the Dyke Marsh Wildlife Coast Guard Authorization Act: Senate passed Preserve as a unique and precious ecosystem. H.R. 3619, to authorize appropriations for the Coast Page S3430 Guard for fiscal year 2010, after agreeing to the fol- Minute Man National Historical Park: Senate lowing amendment proposed thereto: Pages S3431–32 agreed to S. Res. 275, honoring the Minute Man Whitehouse (for Cantwell) Amendment No. 3912, National Historical Park on the occasion of its 50th to substitute the text of S. 1194, as reported by the anniversary. Page S3430 Committee on Commerce, Science, and Transpor- National Law Enforcement Museum Act: Senate tation, with modifications. Page S3432 passed S. 1053, to amend the National Law Enforce- Detention of Burmese Democracy Leader Daw ment Museum Act to extend the termination date. Aung San Suu Kyi: Committee on Foreign Rela- Page S3430 tions was discharged from further consideration of S. Longfellow House-Washington’s Headquarters Res. 480, condemning the continued detention of National Historic Site Designation Act: Senate Burmese democracy leader Daw Aung San Suu Kyi passed S. 1405, to redesignate the Longfellow Na- and calling on the military regime in Burma to per- tional Historic Site, Massachusetts, as the ‘‘Long- mit a credible and fair election process and the tran- fellow House-Washington’s Headquarters National sition to civilian, democratic rule, and the resolution Historic Site’’. Page S3430 was then agreed to, after agreeing to the following Shasta-Trinity National Forest Administrative amendment proposed thereto: Pages S3432–33 Jurisdiction Transfer Act: Senate passed H.R. 689, Whitehouse (for Gregg) Amendment No. 3913, to interchange the administrative jurisdiction of cer- to amend the resolving clause. Page S3432 tain Federal lands between the Forest Service and the Authorizing the Use of the Capitol Grounds: Bureau of Land Management, after agreeing to the Senate agreed to H. Con. Res. 247, authorizing the committee amendment in the nature of a substitute. use of the Capitol Grounds for the Greater Wash- Page S3431 ington Soap Box Derby. Page S3433 Blue Ridge Parkway and Town of Blowing Authorizing the Use of the Capitol Grounds: Rock Land Exchange Act: Senate passed H.R. 1121, Senate agreed to H. Con. Res. 263, authorizing the to authorize a land exchange to acquire lands for the Blue Ridge Parkway from the Town of Blowing use of the Capitol Grounds for the District of Co- Rock, North Carolina, clearing the measure for the lumbia Special Olympics Law Enforcement Torch Run. Page S3433 President. Page S3431 Mount Olivet Cemetery Association: Senate Endangered Species Day: Committee on the Ju- passed H.R. 1442, to provide for the sale of the Fed- diciary was discharged from further consideration of eral Government’s reversionary interest in approxi- S. Res. 503, designating May 21, 2010, as ‘‘Endan- mately 60 acres of land in Salt Lake City, Utah, gered Species Day’’, and the resolution was then originally conveyed to the Mount Olivet Cemetery agreed to. Page S3433 D501

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VerDate Mar 15 2010 02:04 May 08, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MY0.REC D07MYPT1 tjames on DSKG8SOYB1PROD with DIGEST May 7, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D503 House of Representatives Chamber Action Senate Committees (Committee meetings are open unless otherwise indicated) Public Bills and Resolutions Introduced: 1 public Committee on Appropriations: May 12, Subcommittee on bill, H.R. 5255; was introduced. Page H3278 Defense, to hold hearings to examine proposed budget es- Additional Cosponsors: Page H3278 timates for fiscal year 2011 for the Air Force, 10:30 a.m., SD–192. Reports Filed: Reports were filed today as follows: May 13, Subcommittee on Transportation, Housing H. Res. 1284, supporting the goals and ideals of and Urban Development, and Related Agencies, to hold National Learn to Fly Day, with amendments (H. an oversight hearing to examine the Federal Housing Ad- Rept. 111–477), and ministration and its role in the housing market, 9:30 H.R. 5116, to invest in innovation through re- a.m., SD–138. search and development and to improve the competi- Committee on Armed Services: May 12, Subcommittee on tiveness of the United States, with an amendment Personnel, to hold hearings to examine Reserve compo- nent programs in review of the Defense Authorization re- (H. Rept. 111–478, Pt. 1). Page H3278 quest for fiscal year 2011 and the Future Years Defense Speaker: Read a letter from the Speaker wherein she Program, 10 a.m., SR–222. appointed Representative Driehaus to act as Speaker May 13, Full Committee, to receive a closed briefing pro tempore for today. Page H3277 on operations in Afghanistan, 2:30 p.m., SVC–217. Committee on Commerce, Science, and Transportation: May Chaplain: The prayer was offered by the Guest 12, to hold hearings to examine the future of United Chaplain, Reverend Clete Kiley, Faith and Politics States human space flight, 2:30 p.m., SR–253. Institute, Washington, DC. Page H3277 Committee on Energy and Natural Resources: May 11, to Quorum Calls—Votes: There were no yea-and-nay hold hearings to examine current issues related to offshore votes, and there were no recorded votes. There were oil and gas development including the Department of the no quorum calls. Interior’s recent five year planning announcements and the accident in the Gulf of Mexico involving the offshore Adjournment: The House met at 10 a.m. and ad- oil rig Deepwater Horizon, 10 a.m., SR–325. journed at 10:01 a.m. Committee on Environment and Public Works: May 11, Subcommittee on Water and Wildlife, with the Sub- committee on Oversight, to hold joint hearings to exam- Committee Meetings ine the Environmental Protection Agency’s (EPA) role in No committee meetings were held. protecting ocean health, 10 a.m., SD–406. May 11, Full Committee, to hold hearings to examine economic and environmental impacts of the recent oil spill in the Gulf of Mexico, 2:30 p.m., SD–406. Joint Meetings Committee on Finance: May 11, to resume hearings to ex- amine the President’s proposed fee on financial institu- EMPLOYMENT tions regarding the Troubled Asset Relief Program Joint Economic Committee: Committee concluded a (TARP), part 3, 10 a.m., SD–215. hearing to examine the employment situation for May 13, Full Committee, to hold hearings to examine April 2010, after receiving testimony from Keith the nomination of Alan D. Bersin, of California, to be Commissioner of Customs, Department of Homeland Se- Hall, Commissioner, Bureau of Labor Statistics, De- curity, 10 a.m., SD–215. partment of Labor. Committee on Foreign Relations: May 12, to hold hearings f to examine Sudan, focusing on the Comprehensive Peace Agreement (CPA), Darfur and the region, 11 a.m., CONGRESSIONAL PROGRAM AHEAD SD–419. Committee on Health, Education, Labor, and Pensions: May Week of May 10 through May 15, 2010 11, Subcommittee on Employment and Workplace Safety, to hold hearings to examine safe patient handling and Senate Chamber lifting standards for a safer American workforce, 2:30 p.m., SD–430. On Monday, at approximately 3 p.m., Senate will Committee on Homeland Security and Governmental Affairs: resume consideration of S. 3217, Restoring American May 12, to hold hearings to examine Iran sanctions, fo- Financial Stability Act. cusing on why the United States Government does busi- During the balance of the week, Senate may con- ness with companies who do business with Iran, 10 a.m., sider any cleared legislative and executive business. SD–342.

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May 12, Ad Hoc Subcommittee on Disaster Recovery, May 12, Subcommittee on Strategic Forces, to mark up to hold hearings to examine Stafford Act reform, focusing H.R. 5136, National Defense Authorization Act for Fiscal on sharper tools for a smarter recovery, 2:30 p.m., Year 2011, 11 a.m., 2212 Rayburn. SD–342. May 13, Subcommittee on Air and Land Forces, to Committee on Indian Affairs: May 13, to hold an over- mark up H.R. 5136, National Defense Authorization Act sight hearing to examine Indian school safety, 9:30 a.m., for Fiscal Year 2011, 2 p.m., 2118 Rayburn. SD–628. May 13, Subcommittee on Readiness, to mark up H.R. Committee on the Judiciary: May 11, to hold an oversight 5136, National Defense Authorization Act for Fiscal Year hearing to examine United States Citizenship and Immi- 2011, 10:30 a.m., 2118 Rayburn. gration Services, 10 a.m., SD–226. May 13, Subcommittee on Seapower and Expeditionary May 12, Subcommittee on Terrorism and Homeland Forces, to mark up H.R. 5136, National Defense Author- Security, to hold hearings to examine espionage statutes, ization Act for Fiscal Year 2011, 12:30 p.m., 2212 Ray- 10 a.m., SD–226. burn. May 13, Full Committee, business meeting to consider May 13, Subcommittee on Terrorism, Unconventional the nominations of Goodwin Liu, of California, to be Threats and Capabilities, to mark up H.R. 5136, Na- United States Circuit Judge for the Ninth Circuit, Ray- tional Defense Authorization Act for Fiscal Year 2011, 9 mond Joseph Lohier, Jr., of New York, to be United a.m., 2212 Rayburn. States Circuit Judge for the Second Circuit, Leonard Phil- Committee on Energy and Commerce, May 12, Sub- ip Stark, to be United States District Judge for the Dis- committee on Health, hearing on Prematurity and Infant trict of Delaware, and Kerry Joseph Forestal, to be Mortality: What Happens When Babies Are Born Too United States Marshal for the Southern District of Indi- Early? 2 p.m., 2322 Rayburn. ana, John Dale Foster, to be United States Marshal for May 12, Subcommittee on Oversight and Investiga- the Southern District of West Virginia, Gary Michael tions, hearing entitled ‘‘Inquiry into the Deepwater Hori- Gaskins, to be United States Marshal for the Northern zon Gulf Coast Oil Spill,’’ 10 a.m., 2123 Rayburn. District of West Virginia, and Dallas Stephen Neville, to May 13, Subcommittee on Commerce, Trade and Con- be United States Marshal for the Western District of sumer Protection, hearing on the following bills: H.R. Wisconsin, 10 a.m., SD–226. May 13, Full Committee, to hold hearings to examine 4501, Guarantee of a Legitimate Deal Act of 2009; and the nominations of Scott M. Matheson, Jr., of Utah, to H.R. 2480, Truth in Fur Labeling Act of 2009, 1 p.m., be United States Circuit Judge for the Tenth Circuit, 2322 Rayburn. John J. McConnell, Jr., to be United States District May 13, Subcommittee on Communications, Tech- Judge for the District of Rhode Island, James Kelleher nology, and the Internet, hearing entitled ‘‘ The National Bredar, and Ellen Lipton Hollander, both to be United Broadband Plan: Promoting Broadband Adoption,’’ 10 States District Judge for the District of Maryland, and a.m., 2123 Rayburn. Susan Richard Nelson, to be United States District Judge May 13, Subcommittee on Energy and Environment, for the District of Minnesota, 2:30 p.m., SD–226. hearing on the following measures to reauthorize the Safe Select Committee on Intelligence: May 11, to hold closed Drinking Water Act State Revolving Fund and, the As- hearings to consider certain intelligence matters, 2:30 sistance, Quality and Affordability Act of 2010 (AQUA) p.m., SH–219. 9:30 a.m., 2322 Rayburn. May 13, Full Committee, to hold closed hearings to Committee on Financial Services, May 11, Subcommittee consider certain intelligence matters, 2:30 p.m., SH–219. on Capitol Markets, Insurance, and Government Spon- sored Enterprises, hearing entitled ‘‘The Stock Market House Committees Plunge: What Happened and What is Next?’’ 3 p.m., Committee on Agriculture, May 12, Subcommittee on 2128 Rayburn. Conservation, Credit, Energy and Research, hearing on May 11, Subcommittee on Oversight and Investiga- H.R. 4785, Rural Energy Savings Program Act, 10 a.m., tions, hearing entitled ‘‘TARP Oversight: An Update on 1334 Longworth. Warrant Repurchases and Benefits to Taxpayers,’’ 11 May 13, full Committee, hearing to review U.S. agri- a.m., 2128 Rayburn. culture policy in advance of the 2012 Farm Bill, 9 a.m., May 12, Subcommittee on Financial Institutions and 1300 Longworth. Consumer Credit, hearing entitled ‘‘Use of Credit Infor- Committee on Appropriations, May 12, Subcommittee on mation Beyond Lending: Issues and Reform Proposals,’’ Labor, Health and Human Services, Education, and Re- 10 a.m., 2128 Rayburn. lated Agencies, on Public Witnesses, 10 a.m., and 2 May 12, Subcommittee on Oversight and Investiga- p.m., 2358–C Rayburn. tions and the Subcommittee on Housing and Community May 13, Subcommittee on Defense, on Pacific Com- Opportunity, joint hearing entitled ‘‘Minorities and mand/U.S. Forces Korea, 10 a.m., H–140 Capitol. Women in Financial Regulatory Reform: The Need for Committee on Armed Services, May 12, Subcommittee on Increasing Participation and Opportunities for Qualified Military Personnel, to mark up H.R. 5136, National De- Persons and Businesses,’’ 2 p.m., 2128 Rayburn. fense Authorization Act for Fiscal Year 2011, 9 a.m., Committee on Homeland Security, May 12, Subcommittee 2118 Rayburn. on Intelligence, Information Sharing and Terrorism Risk

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Assessment, hearing entitled ‘‘A DHS Intelligence Enter- Government Efficiency, Effectiveness, and Performance prise: Still Just a Vision or Reality?’’ 10 a.m., 311 Can- Improvement Act of 2009, 2 p.m., 2247 Rayburn. non. Committee on Rules, May 11, to consider H.R. 5116, Committee on House Administration, May 11, to continue America COMPETES Reauthorization Act of 2010, hearings on H.R. 5175, Democracy Is Strengthened by 5 p.m., H–313 Capitol. Casting Light on Spending in Elections Act, 5 p.m., Committee on Small Business, May 12, hearing entitled 1310 Longworth. ‘‘Small Businesses and Broadband: An Engine for Eco- Committee on the Judiciary, May 11, Subcommittee on nomic Growth and Job Creation,’’ 1 p.m., 2360 Rayburn. Crime, Terrorism, and Homeland Security, hearing on the Committee on Transportation and Infrastructure, May 12, following bills: H.R. 4080, Criminal Justice Reinvest- Subcommittee on Water Resources and Environment, ment Act of 2009; and H.R. 4055, Honest Opportunity hearing on Update on Metro New Orleans Storm Protec- Probation with Enforcement (HOPE) Initiative Act of 2009, 4 p.m., 2141 Rayburn. tion and Louisiana Coastal Area Program, 10 a.m., 2167 May 13, full Committee, hearing on the United States Rayburn. Department of Justice, 10 a.m., 2141 Rayburn. Committee on Veterans’ Affairs, May 12, to mark up Committee on Natural Resources, May 13, Subcommittee pending business, 10 a.m., 334 Cannon. on Energy and Mineral Resources, oversight hearing enti- Committee on Ways and Means, May 13, Subcommittee tled ‘‘Up in the Air: The BLM’s Disappearing Helium on Select Revenue Measures, hearing on the proposals to Program,’’ 10 a.m., 1324 Longworth. establish an infrastructure bank, 10 a.m., 1100 Long- Committee on Oversight and Government Reform, May 12, worth. hearing on H.R. 4869, Restroom Gender Parity in Fed- Permanent Select Committee on Intelligence, May 12, Sub- eral Buildings Act, 10 a.m., 2154 Rayburn. committee on Terrorism, Human Intelligence, Analysis May 12, Subcommittee on Federal Workforce, Postal and Counterintelligence, executive, briefing on Indication Service and the District of Columbia, oversight hearing and Warning Methodologies, 10:30 a.m., and executive, entitled ‘‘The Price is Right, or Is It?: An Examination briefing on Financial Intelligence, 1 p.m., 304–HVC. of USPS Workshare Discounts and Products That Do Not May 13, full Committee, executive, briefing on Na- Cover Their Costs,’’ 2 p.m., 2154 Rayburn. tional Counterterrorism Center Budget for Fiscal Year May 12, Subcommittee on Government Management, 2011, time to be announced, 304–HVC. Organization, and Procurement, to mark up H.R. 2142,

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, May 10 12:30 p.m., Tuesday, May 11

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Tuesday: To be announced. morning business (not to extend beyond 3 p.m.), Senate will resume consideration of S. 3217, Restoring American Financial Stability Act.

Extensions of Remarks, as inserted in this issue

HOUSE

Carnahan, Russ, Mo., E792 Castle, Michael N., Del., E791, E793 Costello, Jerry F., Ill., E793 Hare, Phil, Ill., E792 Jackson Lee, Sheila, Tex., E793 Mica, John L., Fla., E791 Price, David E., N.C., E791

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