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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, WEDNESDAY, SEPTEMBER 29, 2010 No. 133 Senate The Senate met at 9:30 a.m. and was appoint the Honorable TOM UDALL, a Senator that, but I am sure he prepared as he called to order by the Honorable TOM from the State of New Mexico, to perform did as a young boy, learning these UDALL, a Senator from the State of the duties of the Chair. verses of Scripture for his mother and New Mexico. DANIEL K. INOUYE, grandmother. President pro tempore. While he is here on the floor, I wish PRAYER Mr. UDALL of New Mexico thereupon to express my appreciation to him. But The Chaplain, Dr. Barry C. Black, of- assumed the chair as Acting President the appreciation is from everyone who fered the following prayer: pro tempore. was there who is not capable of doing Lord of heaven’s armies, we come to f that because they don’t have the abil- You today seeking Your wise guidance. ity to speak. So I say to my friend the RECOGNITION OF THE MAJORITY Chaplain, we appreciate your spiritual You asked us to embrace Your wisdom, LEADER for it is a treasure more precious than leadership of the Senate and your re- silver or gold. Help us to delight in The ACTING PRESIDENT pro tem- markable qualities as a person. Your sacred word and thrive like trees pore. The majority leader is recog- f nized. planted by streams of water. Lord, give SCHEDULE us the faith to trust in You with all our f Mr. REID. Following any leader re- hearts and not to lean only on our un- THANKING DR. BARRY C. BLACK marks, there will be a period of morn- derstanding. Encourage us to be doers ing business until 10 a.m, with the time of Your Word and not just hearers. Mr. REID. Mr. President, before we equally divided and controlled between Bless our Senators and all Senate get into the business of the day, I wish to take a minute, while the Chaplain of the two leaders or their designees. staff members today as they labor for At 10 a.m., there will be 2 hours for the Senate is here, Admiral Black, to our Nation and its citizens. Bless also debate on the motion to proceed to S.J. comment on really a remarkable after- those in harm’s way and their families, Res. 39, with the time equally divided noon. Ted Stevens, who served in the and protect them from the dangers of and controlled between the leaders or Senate for many decades, was laid to the sea, land, and air, and from the vio- their designees. S.J. Res. 39 is a joint rest yesterday at Arlington National lence of their enemies. resolution providing for congressional Cemetery. It was strictly a military fu- We pray in Your sovereign Name. disapproval of a rule relating to status neral—caissons came down the hill, the Amen. as a grandfathered health plan under casket was over the grave. f the Patient Protection and Affordable The only speaking at the event was PLEDGE OF ALLEGIANCE Care Act. from the Senate Chaplain. It was very At around noon, the Senate will vote The Honorable TOM UDALL led the good, very spiritual. The setting was on that matter. If cloture is not in- Pledge of Allegiance, as follows: wonderful. It was a beautiful fall day. voked, the Senate will resume consid- I pledge allegiance to the Flag of the There were hundreds of people there. eration of the motion to proceed to the United States of America, and to the Repub- The Chaplain, with this booming voice legislative vehicle we will use to com- lic for which it stands, one nation under God, he was given at birth, was able to do it indivisible, with liberty and justice for all. plete work here on the continuing reso- without any amplification whatsoever. lution. Senators will be notified when a f It was very nice. vote on the continuing resolution is APPOINTMENT OF ACTING The one thing that was stunning to scheduled. PRESIDENT PRO TEMPORE everyone there was that the Chaplain The Senate will recess from 12:30 said, ‘‘I am now going to recite,’’ and The PRESIDING OFFICER. The until 2:15 today for our weekly party he went through about eight or nine clerk will please read a communication caucuses. passages in the Bible. He named which to the Senate from the President pro f passages he was going to recite—one, tempore (Mr. INOUYE). two, three, four, five, six, seven, UNANIMOUS-CONSENT REQUEST— The assistant legislative clerk read eight—and then proceeded to do it H.R. 388 the following letter: without a note, without anything. It Mr. REID. Mr. President, I ask unan- U.S. SENATE, was remarkable. It reminded me so imous consent that the Senate proceed PRESIDENT PRO TEMPORE, Washington, DC, September 29, 2010. much of Senator Byrd because he also to Calendar No. 119, H.R. 388, the Crane To the Senate: had that ability, the ability to remem- Conservation Act; that the bill be read Under the provisions of rule I, paragraph 3, ber. I am sure, for those of us there, it three times, passed, the motion to re- of the Standing Rules of the Senate, I hereby looked so easy for the Chaplain to do consider be laid on the table, and any

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

S7671

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7672 CONGRESSIONAL RECORD — SENATE September 29, 2010 statements relating to this matter be The ACTING PRESIDENT pro tem- add to the $4.2 billion a day that we printed in the RECORD. pore. Objection is heard. borrow on the floor when our economy The ACTING PRESIDENT pro tem- Mr. REID. I suggest the absence of a is languishing because we continue to pore. Is there objection? The Senator quorum. grow the Federal Government, con- from Oklahoma. The ACTING PRESIDENT pro tem- tinue to build regulations that affect Mr. COBURN. Mr. President, I object. pore. The clerk will call the roll. and diminish the desire for people with The ACTING PRESIDENT pro tem- The assistant legislative clerk pro- capital to invest it in our economy— pore. Objection is heard. ceeded to call the roll. and we force people out of this country f Mr. COBURN. Mr. President, I ask to build their plants and manufac- unanimous consent that the order for turing facilities because of our regula- UNANIMOUS-CONSENT REQUEST— the quorum call be rescinded. tions and tax codes, I do not under- S. 859 The ACTING PRESIDENT pro tem- stand. Mr. REID. I ask unanimous consent pore. Is there objection? My objections—I will not spend the that we now move to Calendar No. 154, Mr. REID. I object. time exactly outlining my objections S. 859, the Marine Mammal Rescue As- The ACTING PRESIDENT pro tem- to all these bills, but my overall objec- sistance Act; that the bill be read three pore. Objection is heard. tion is the priorities we are setting in times, passed, the motion to reconsider Mr. COBURN. Mr. President, I ask the Senate. We ought to be about cre- be laid upon the table, and that any unanimous consent that the order for ating confidence so people will invest statements related to the measure be the quorum call be rescinded. in this country rather than continuing printed in the RECORD. The ACTING PRESIDENT pro tem- to undermine that confidence with su- Mr. COBURN. I object. pore. Without objection, it is so or- perfluous, well-meaning bills that are The ACTING PRESIDENT pro tem- dered. put up for political purposes instead of pore. Objection is heard. f addressing the real problems that are facing our country. f RESERVATION OF LEADER TIME Out of a courtesy to Senator REID UNANIMOUS-CONSENT REQUEST— The ACTING PRESIDENT pro tem- and the agreement I just made with S. 529 pore. Under the previous order, the him, I will not offer my unanimous Mr. REID. Mr. President, I ask unan- leadership time is reserved. consent request at this time, but I will later today after he has had a chance imous consent that the Senate proceed f to the immediate consideration of Cal- to read them, on the following five endar No. 117, S. 529, Great Cats and MORNING BUSINESS bills: The Veterans Second Amendment Rare Canids Act; that the bill be read The ACTING PRESIDENT pro tem- Protection Act. Mr. President, 140,000 three times, passed, the motion to re- pore. Under the previous order, there veterans in this country have lost their consider be laid upon the table, and will now be a period of morning busi- second amendment rights. It has never any statements relating to the meas- ness until 10 a.m., with the time equal- been adjudicated that they were a dan- ure be printed in the RECORD. ly divided between the two leaders or ger to themselves or anybody else. Yet Mr. COBURN. I object. their designees. a bureaucrat somewhere has taken The ACTING PRESIDENT pro tem- The Senator from Oklahoma. away their second amendment rights. pore. Objection is heard. Mr. COBURN. Mr. President, I wish This bill has come out of committee to speak in morning business and will f twice. Senator BURR is the lead sponsor confine my remarks to the objections I on it. We treat veterans as second-class UNANIMOUS-CONSENT REQUEST— just made to the leader’s motions. citizens when it comes to their second S. 850 The ACTING PRESIDENT pro tem- amendment rights. We ought to pass Mr. REID. Mr. President, I ask unan- pore. Without objection, it is so or- that. I will ask that later. dered. imous consent that the Senate proceed The Firearms Fairness and Afford- to Calendar No. 270, S. 850, the Shark f ability Act. We make firearms manu- Conservation Act; that the bill be read SETTING PRIORITIES facturers pay their taxes every 2 weeks three times, passed, the motion to re- instead of quarterly like every other consider be laid on the table, and any Mr. COBURN. Mr. President, I am manufacturer in this country. But we statements relating to this matter be simply amazed that, when we are bor- penalize them. We ought to treat them printed in the RECORD. rowing $4.2 billion a day from our the same as everybody else. The ACTING PRESIDENT pro tem- grandkids—that is what we are bor- The earmark transparency bill gives pore. Is there objection? The Senator rowing, $4.2 billion a day—we are going one Web site so everybody in America from Oklahoma. to run a $1.4 trillion deficit, and we can see where the earmarks are, who Mr. COBURN. Mr. President, I object. have a unanimous consent request to offered them, what the basis for them The ACTING PRESIDENT pro tem- move to things that spend more is, whether they were competitively pore. Objection is heard. money, money we do not have that we bid. That is something America would f are going to borrow from the Chinese like to see. or Russians to be able to pay for it, and Then there are two tax cheat bills, UNANIMOUS-CONSENT REQUEST— we are going to spend the money over- for us as Members of Congress and our S. 1748 seas. There is no question that we employees and then other Federal em- Mr. REID. Mr. President, I ask unan- should try to develop consensus in our ployees. imous consent that we move now to body, but the first consensus we should So I will not offer those unanimous consideration of S. 1748, the Southern have is the priorities of the problems consent requests at this time, but I Sea Otter Recovery & Research Act, as that are facing this country. The prob- will later in the day. Again, there are reported by the Commerce Committee; lems that are facing this country are important, big problems in front of this that the committee-reported substitute so big and so massive that our atten- country. We need to be about address- amendment be considered and agreed tion ought to be focused on those large ing those rather than special interest to, the bill, as amended, be read a third problems, not on five separate bills favors at this time. time, passed, and the motion to recon- that have been proffered for special in- I yield the floor, and I suggest the ab- sider be laid upon the table, and any terest groups. I don’t understand the sence of a quorum. statements relating to this matter be motivations. What I do understand is The ACTING PRESIDENT pro tem- printed in the RECORD. that the American people get it, even if pore. The clerk will call the roll. The ACTING PRESIDENT pro tem- we do not. The assistant legislative clerk pro- pore. Is there objection? The Senator The fact that we are going to make ceeded to call the roll. from Oklahoma. attempts for political purposes to put Mr. UDALL of New Mexico. Mr. Mr. COBURN. Mr. President, I object. bills that are not paid for and that will President, I ask unanimous consent

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7673 that the order for the quorum call be The assistant legislative clerk pro- they will have to comply with all of rescinded. ceeded to call the roll. the new mandates in the law. This The PRESIDING OFFICER (Mr. Mr. ENZI. I ask unanimous consent means these businesses will have to FRANKEN.) Without objection, it is so that the order for the quorum call be change their current plans and pur- ordered. rescinded. chase more expensive ones that meet f The PRESIDING OFFICER. Without all of the new Federal minimum re- objection, it is so ordered. quirements. For the 80 percent of small HONORING OUR ARMED FORCES f businesses that will lose their grand- PRIVATE CHARLES HIGH CONCLUSION OF MORNING fathered status because of this regula- Mr. UDALL of New Mexico. Since the BUSINESS tion, the net result is clear: They will wars in Iraq and Afghanistan began pay more for their health insurance. nearly 9 years ago, 72 service members The PRESIDING OFFICER. Morning The Wall Street Journal recently re- with New Mexico ties have lost their business is closed. ported costs as going up between 1 and lives while defending our Nation and f 9 percent because of the mandates in- the freedoms we hold dear. CONGRESSIONAL DISAPPROVAL OF cluded in the new health care law. Cou- Seventy-two. They were brothers and RULE RELATING TO GRAND- ple this increase with inflation, and fathers and husbands and sons and FATHERED HEALTH PLAN—MO- small businesses are looking at a 20- friends. Each was irreplaceable to his TION TO PROCEED percent cost increase. I actually know family. Each had a different story. Mr. ENZI. Mr. President, I move to something about small business; I used Today, I rise to tell the story of one of proceed to S.J. Res. 39. to run one. those men. The PRESIDING OFFICER. There I ran a shoe store in Wyoming. I U.S. Army PVT Charles High was 21 will be 2 hours of debate equally di- stocked the shelves, worked the cus- years old, a son of the city of Albu- vided. tomers to fit shoes, ran the cash reg- querque who attended Eldorado High The Senator from Wyoming is recog- ister. I placed the orders with sup- School. nized. pliers. I did the accounting, I swept the Known as ‘‘Charlie’’ to his friends, he Mr. ENZI. Mr. President, the resolu- sidewalk, I cleaned the toilets. I knew played the viola in his high school or- tion we are debating today is about what it was like to worry about mak- chestra. He ran track. And he taught keeping a promise. The authors of the ing payroll at the end of the month. I himself how to play guitar. new health care law promised the know firsthand about the struggles and Charlie’s dad says he always knew American people that if they liked challenges America’s small businesses that his son would join the military. their current health insurance, they face. I understand what this regulation He signed up for Junior ROTC when he could keep it. On at least 47 separate will do to small businesses across the was 14, and his dad said he was hooked. occasions, President Obama promised: country. Small businesses are strug- He went on to join the Army in June of ‘‘If you like what you have, you can gling every day to find the resources to 2007 and was stationed at Fort Camp- keep it.’’ provide health insurance to their em- bell in Kentucky as part of the elite Unfortunately, the Obama adminis- ployees. Rather than making it easier 101st Airborne Division. tration has broken that promise. Ear- for those businesses to continue to pro- His tour in Afghanistan was his sec- lier this year, the administration pub- vide this coverage, the new regulation ond overseas. He served his first tour in lished a regulation that will fundamen- will mean that employers will simply 2008 in Iraq. tally change the health insurance plans drop their health coverage altogether. Charlie was killed last month when of millions of Americans. The reality That is why I am so concerned about an IED detonated near his vehicle, of this new regulation is, if you like this grandfathered health plan regula- which was patrolling in Afghanistan’s what you have, you can’t keep it. The tion, and that is why I introduced the Kunar Province. new regulation implemented the grand- resolution we are debating today. He leaves behind his dad Charles, his fathered health plan section of the new My resolution would force the admin- mom Kimberlea Johnson of Illinois, his health care law. It specified how exist- istration to actually keep their prom- fiance´e Maggie Jo Simmonds, four sib- ing health plans could avoid the most ises. The resolution would overturn lings, his grandparents and great- onerous new rules and redtape included this grandfathered health plan regula- grandmother, and dozens of other fam- in the 2,700 pages of the new health tion and allow tens of thousands of ily members and friends. care law. businesses across the country to keep A month before he was killed, Charlie This provision was a critical part of their current plans. If we pass the reso- had gone home to Albuquerque for a the new law. It allowed supporters to lution, millions of Americans will be visit with friends and family. Here is argue that current health insurance spared from paying higher health care what his Dad said when asked about his plans would be exempt from all of the costs as a result of new Federal man- son’s death: rules and regulations created by the dates. If we pass the resolution, small I would say he’s a true American hero. He new law. Employers and health plans businesses across the country will not fought and died for his country. He died were told that the grandfathered pro- have to drop health insurance for their doing what he wanted to do. I hate to see tections would mean if you have cov- workers. him go so young, but he was quite a young erage on the day the law passed, you Congress created the Congressional man all the way around. When he was home, could keep that coverage without hav- Review Act we are using today specifi- we could see how much he had grown. ing to make any major changes. cally to overturn Federal regulations Charlie’s impact on all who knew Employers and employees thought such as the one we are discussing. The him was evident in the messages of the bill would have cost-cutting meas- sponsors of the Review Act recognized condolence left for his family after his ures, but now they find only cost in- that too often Washington bureaucrats death. creases. The new law will provide no impose sweeping new regulations with ‘‘He was a great friend and example,’’ relief to increasing costs until at least little thought to the impact these read one. 2014. But this rule and its higher costs changes will have in the real world. In ‘‘You never gave up and never surren- kick in now. Unfortunately, the regula- particular, the Review Act was in- dered,’’ said another. tion writers at the Departments of tended to protect small businesses ‘‘He gave his life for freedom.’’ Treasury, Labor, and Health and across the country that are often most ‘‘He is a hero to us all.’’ Human Services broke all those prom- vulnerable to new government man- Private High: you truly are a ‘‘hero ises. The regulation is crystal clear. dates and regulations. to us all.’’ You are forever in our Most businesses—the administration That is precisely what happened with hearts, and we are forever in your debt. estimates between 39 and 69 percent— the grandfathered health plan regula- I yield the floor, and I suggest the ab- will not be able to keep the coverage tion. The regulation writers went sence of a quorum. they have. above and beyond what the law said The PRESIDING OFFICER. The Under the new regulation, once a and came up with a whole slew of re- clerk will call the roll. business loses grandfathered status, quirements businesses must comply

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7674 CONGRESSIONAL RECORD — SENATE September 29, 2010 with if they want to keep what they had coverage with these carriers without any would be able to keep the health plans they have. The regulation includes a long possibility of grandfathering and thus avoid- currently have upon passage of the Patient list of things that will disqualify busi- ing the expense of new mandates. Protection and Affordable Care Act. nesses from being able to keep what CHARLES COWLEY, As the Chamber of Commerce, the Charles H. Cowley Employee Benefits, National Association of Manufacturers, they have. If a business does anything Salt Lake City, UT. to try to keep costs under control, they the National Retail Federation, and lose their grandfathered status. I am an agent in Lafayette, IN. My spe- other business groups supporting this Earlier this year, when the grand- cialty is small group health insurance. I resolution have said: This rule will fathered regulation was first published work with many farmers and builders. These make it harder for employers to make by the administration, I came to the are hardworking, honest Americans just try- changes that will hold down their Senate floor and warned of the nega- ing to make a decent living. Many of my cli- health care costs. Large and small ents struggle to make ends meet and des- tive impact this regulation would have businesses will have few options for perately want to continue providing health both keeping costs in check and main- on small businesses. This new regula- insurance to their employees. With the tion appears to ignore the impact it taining the grandfathered status. healthcare reform, they are extremely con- If employers do almost anything to will have in the real world. It will drive fused and disappointed when it comes to up costs and reduce the number of peo- being able to grandfather their plans. In par- help slow the growth in their health in- ple who have insurance. ticular, I insure a local builder. He has en- surance costs, they will lose the lim- I recently heard from Jim, an insur- sured throughout the years that his employ- ited protections against the expensive new mandates in the bill. It is worth ance agent in Illinois, who wrote to me ees have good health coverage. He has absorbed many of the renewal increases in the noting that two pages in the law that and said: past few years. With the downturn in new create the grandfathered plans give in- My experience in the last few months is— home sales, his business has struggled. His finite leeway to the bureaucrats who maintaining grandfather status to my group group health plan renewed Sept 1, 2010. He plans is all but impossible. All my clients’ are writing the rule, and they took it. received a 15% increase. In years past, he The law doesn’t say anything about renewal rates in September and October are was able to absorb the increase and keep the in excess of thirty percent. To keep grand- health plan ‘‘as is.’’ Financially, this year, cost-sharing requirements or coinsur- father status, the group is limited in deduct- that wasn’t an option. He had to increase his ance rates. The administration made ible changes and contribution levels. The deductible amount or risk being unable to up all of these provisions and require- only option is for the employer to accept the offer health insurance at all. I explained that ments. They didn’t have to write these premium increase at the worst economic this small change would in fact cause his rules in a way that precludes half of time in forty years. They can’t afford to group to lose their grandfathering status. He Americans from keeping what they keep the grandfather status and soon won’t was upset and concerned about the loss. He have. be able to afford insurance at all. In my didn’t want to make the change but it was Our economy is already struggling. It opinion, the legislative goal was to make either that or offer no coverage at all. I be- doesn’t need more job killing. It maintaining grandfather status so restric- lieve that a group should be able to retain tive, companies are forced out. It’s working. their grandfathered status when making doesn’t need cost increasing government mandates. We are hearing from I have a whole slew of similar stories changes in deductibles such as raising by small businesses across the country and I ask unanimous consent to have $500 or adjusting contribution levels. It is unrealistic to believe a small group can ab- which are already being forced to swal- some of them printed in the RECORD. sorb 15+% increases for the next 4 yrs to low large premium increases that will There being no objection, the mate- maintain their grandfathered status. prevent them from hiring more work- rial was ordered to be printed in the ers. It is about the jobs. We need to RECORD, as follows: My client is a 22-life group in Ft. Lauder- create more jobs, not write more regu- HOW THE GRANDFATHERED HEALTH PLAN REG- dale, FL. Currently with Aetna. They relations that lead to less jobs. This bill ceived a large increase which is driving all ULATION IS IMPACTING AMERICANS—REAL was sold as letting people keep what LIFE STORIES FROM AMERICA’S HEALTH IN- my clients—not just them—out of a grand- SURANCE AGENTS fathered plan! They feel forced to get a new they have. But the devil is in the details. Do a little digging and it is clear; I recently helped a couple in their 50’s who plan because they made their current plan so each had their own individual policy. I expensive. Now, the new plans have much Americans would not be able to keep signed them up with their policies about a higher deductibles, more out-of-pocket and what they have. year ago and they gave me a call when their the affordable plans only offer to pay 50% co- The simple truth is, because this new annual rates increased the usual 15%. They insurance! The options are very limited. rule will drastically tie the hands of wanted to look for something more afford- JENNIFER L. EISLER. employers, few employers are expected able even if it was a higher deductible plan. Mr. ENZI. Folks all over the country to be able to pursue grandfathered sta- They settled on a plan. I went to meet with are just like Jim. Insurance agents are tus. I even have letters from people them and began to explain grandfathering explaining to small businesses that who have individual situations, and and that if they do choose the new plan, they they will be forced to choose either to they are concerned as well. That means will lose the chance to keep their grand- absorb premium increases in excess of more than half of Americans who like fathered status and either way will have to pay more. They decided to stay with their 15 percent or lose their grandfathered what they have would not be able to ‘‘grandfathered plan’’ because the benefits health plan status. By the administra- keep it. are ‘‘better’’ than what they would have been tion’s own estimate, up to 80 percent of The final result of the new regulation if they went to a new plan where they would small businesses will lose the right to will be that all Americans will eventu- have more out of pocket costs. keep what they have. Lots of compa- ally be forced to buy the kind of health Really, either way, it’s a lose-lose. At least nies pay 90 percent of the cost of their insurance the Federal Government if things would’ve remained the same, the employees’ and families’ insurance. thinks they should have. Never mind benefits would be better. But, now we have They were hoping to be grandfathered they can’t afford it. Never mind that to tell our clients and prospects that prices employers will be less likely to hire are still going to go up, and benefits are still at least until 2014, to see exactly how going to go down, but just at a faster pace. damaging the whole bill would be. But new workers and probably even lay off It’s been kicked into high gear with we are experiencing 2014 now, with no workers. Simply put, this rule states: ObamaCare. So, kudos to the people that are help in cost cutting. Washington knows best. making these drastic decisions. I’m glad I’m The Small Business and Entrepre- This new rule is pretty clear. If you just the messenger, because I wouldn’t want neurship Council says it pretty suc- like what you have, you can’t keep it. to be responsible for killing our healthcare. cinctly. In a letter they wrote to me Later today, the Senate will have the TRESSA GIRT, supporting S.J. Res. 39, they write: opportunity to vote on the resolution Health Insurance Agent, Rather than helping small business owners that will help small businesses actually Milwaukie, OR. and their workforce keep their plans, it ap- keep what they have. I urge my col- pears the rule has been rigged to force most leagues to support this resolution and Several of the insurance companies doing small businesses and their employers out of keep the promise that if Americans business in Utah have announced that they grandfathered status. will not allow ‘‘grandfathering’’ plans for like the insurance they have, then they groups under 50 lives because of the expense The letter also reads: can keep it. That should be the bare to them to maintaining multiple plans on The rule, as written, is in clear violation of minimum until at least 2014, so busi- their books. This basically leaves those who President Obama’s promise that Americans nesses and employers can assess the

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7675 damage from all the regulations com- There being no objection, the mate- fathered plans.’’ If you have a plan you bined—and there is a pile of them com- rial was ordered to be printed in the like—existing policies—you can keep ing. Help is not in the bill until 2014, RECORD, as follows: them. Well, then we left it to the De- but the rule is for now. The big ques- THE MAIN STREET ALLIANCE, partment of Health and Human Serv- tion is, Why weren’t the cost-cutting Seattle, WA, September 28, 2010. ices to craft regulations to define ex- measures included in the regulation? Re Small business opposition to S.J. Res. 39, actly what a grandfathered plan is. I yield the floor and reserve the re- attempting to block implementation of On the one hand, you want to give mainder of my time. health law’s grandfathering rules. some flexibility to plans to be able to The PRESIDING OFFICER. The Sen- HONORABLE SENATORS: On behalf of the make reasonable changes. For exam- ator from Montana. Main Street Alliance, a national network of ple, if costs go up, they can increase Mr. BAUCUS. Mr. President, what is small business coalitions that brought the their premiums somewhat. They can do voices of real small business owners to the the parliamentary situation? certain things. But they cannot change The PRESIDING OFFICER. The Sen- national dialogue over health reform, we the fundamental kind of nature of the ate is considering the motion to pro- write to urge your opposition to S.J. Res. 39, plan and still call it a grandfathered ceed to S.J. Res. 39. filed in the Senate on September 21. This res- The Senator from Iowa. olution of disapproval would prevent the im- plan. You want to protect consumers Mr. HARKIN. Mr. President, I have 1 plementation of the grandfathering regula- to make sure that what plan they tions that are critical to fostering an orderly signed up for is the grandfathered plan hour? transition to a reformed insurance market The PRESIDING OFFICER. That is and not something else. under the Patient Protection & Affordable For instance, if the regulations are right. Care Act. Mr. HARKIN. I know the Senator Some of the health care law’s new protec- overturned, which is what the Senator from Montana wants to speak. If he tions apply to all health plans, regardless of from Wyoming wants, insurance plans could just withhold for a few moments grandfathered status, including the prohibi- could change immensely. Yet that is for my opening comment, and then I tion of rescissions, ban on lifetime coverage not what you signed up for; for exam- will yield to him. limits, and end to exclusion of children based ple, the grandfathering rule that says Mr. BAUCUS. Sure. on pre-existing conditions. Still, other mar- the insurer cannot significantly cut Mr. HARKIN. Mr. President, I lis- ket reforms that are impacted by the grand- your benefits. Let’s say your insurer tened to the statement made by my father provision are among the new protec- decides to cut from your plan condi- good friend—and he is my good friend— tions most important to small businesses. Small business owners want their health tions such as cancer or diabetes or Senator ENZI from Wyoming. We are in plans to cover basic preventive care at no heart disease. Let’s say they cut that the seventh month since the Affordable cost so they can maintain a healthy work- out of your plan. Well, that plan would Care Act became law. Ever since the force. We want an end to premium discrimi- no longer be considered grandfathered day President Obama signed the bill nation based on our employees’ health sta- because that is not what you signed up into law, my friends on the Republican tus. And we want stronger review of pre- for. side have made it clear they intend to mium increases and a meaningful third- The second one says they cannot use every conceivable opportunity they party appeals process to make sure we get a raise your coinsurance charges. For in- have to repeal it. This resolution, re- fair shake. What we don’t want is to be stuck indefinitely with plans that, because of their stance, if you are required to pay 20 grettably, is another attempt to make percent of the cost for all hospital vis- good on that pledge by undoing some of grandfathered status, allow insurers to continue ‘‘business as usual’’ without fulfilling its, your insurer cannot raise that to 50 the law’s most critically important pa- new protections or submitting their rate in- percent because that is not what you tient protections. creases for meaningful review—that would signed up for. The resolution offered by Senator not be reform. They cannot significantly raise co- ENZI claims to protect small businesses Opponents of the health law’s insurance payments. If your plan is grand- by repealing the grandfather regula- market reforms continue to hide behind fathered, you are protected from dras- tion, which defines which insurance business arguments and claims about in- tic increases in copays. Copays would plans and businesses have to comply creasing costs. But independent analyses be allowed to rise nominally each year, with certain consumer protection pro- show that all the new protections in the law visions of the Affordable Care Act. should contribute a mere one to two percent but if they changed significantly, that However, if passed, the businesses and increase to costs next year, a number easily is not what you signed up for. offset by provisions like the small business Grandfathered plans cannot signifi- Americans could be in the worst of all tax credits in the short term and savings cantly raise deductibles. Let’s say your worlds, losing the clear rules that from increased bargaining power and invest- allow them to keep the plans they have plan is grandfathered. You are pro- ing in prevention in the longer term. tected from large increases to your de- while not gaining additional consumer Let’s be clear: those who seek to block im- protections that apply when their plan plementation of the new grandfather regula- ductible. That keeps your insurance changes. tions are acting in the best interests of the company from shifting more cost to I have a letter from the Main Street insurance industry, not Main Street small you because that is not what you Alliance, which strongly opposes this businesses. signed up for. resolution. This is an alliance of small Health reform needs to lower costs for Grandfathered plans cannot signifi- small businesses. It also needs to end the cantly increase your premiums. Well, businesses. Let me read an excerpt slide toward junk health insurance. The reg- from that letter. They say: for example, if 20 percent of your insur- ulations drafted by the Administration to ance costs are currently deducted from Opponents of the health law’s insurance implement the grandfather provision create market reforms continue to hide behind a reasonable transition to a reformed insur- your paycheck, and your employer business arguments and claims about in- ance market. We urge your opposition to pays the other 80 percent, under the creasing costs. But independent analyses S.J. Res. 39. rule that cannot be changed by more show that all the new protections in the law Sincerely, on behalf of the Main Street Al- than 5 percentage points a year. Well, should contribute a mere one to two percent liance, what if a company came in and said: increase to costs next year, a number easily J. KELLY CONKLIN, You were paying 20 percent; now you offset by provisions like the small business Foley-Waite Associ- have to pay 40 percent? If they did tax credits— ates, Inc., Bloom- that, that is not what you signed up That we have given small busi- field, NJ. for, so that should not be a grand- nesses— LEANNE CLARKE, Haleyanne Jewelry, fathered plan. in the short term and savings from increased Also, grandfathered plans cannot add bargaining power and investing in preven- Seattle, WA. tion in the longer term. Let’s be clear: those DAVID BORRIS, or tighten an annual limit on benefits. who seek to block implementation of the Hel’s Kitchen Cater- If your plan is grandfathered, your in- new grandfather regulations are acting in ing, Northbrook, IL. surer cannot add a new cap on the the best interests of the insurance industry, Mr. HARKIN. One of the things we amount they will pay for covered serv- not Main Street small businesses. put in the health care bill when we de- ices each year. Why? Because that is Mr. President, I ask unanimous con- signed it was the protection for con- not what you signed up for. sent that letter be printed in the sumers to keep the plan they have if Grandfathered plans cannot change RECORD. they like it; thus, the term ‘‘grand- insurance companies. If your plan is

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7676 CONGRESSIONAL RECORD — SENATE September 29, 2010 grandfathered, you get to keep your resolution of disapproval under the all plans have to comply with them plan. This means you will keep your in- Congressional Review Act of 1996. Col- right away. Many of those protections surance company and with it your net- leagues will recall that the Congres- are the ones that became effective just work of doctors. Because if that is sional Review Act is part of what some last week. The new regulation strikes a changed on you, that is not what you folks called the Contract with Amer- careful balance. It protects consumers signed up for. ica. from some of the insurance companies’ So basically the rule my friend from This particular resolution would nul- most egregious abuses. At the same Wyoming is seeking to overturn pro- lify a regulation that is essential to time, it recognizes the realities of what tects you, the consumer. It protects implementing the new health reform insurers are able to do. That balance is you in keeping the plan you like; we law. The resolution is, thus, a trans- important to maximizing consumer said, if you like a plan, you get to keep parent effort to undermine the new choice, and that balance is important it, and you can grandfather it in. What law. I urge my colleagues to oppose the to minimizing insurance market dis- if they change the caps on certain an- resolution. ruption. nual limits? What if they raise your From the beginning, the new health The new regulation spells out cov- copays? What if they raise your care reform law has been about ending erage changes that would cause insur- deductibles? What if they sell out to the worst insurance company abuses. ance plans to lose this special grand- another insurance company that has a That is why the new law requires insur- fathered status. For example, plans different kind of a policy? Why should ance companies to end lifetime limits cannot significantly reduce benefits that be grandfathered? Because that is on coverage. That is why the new law and still retain their grandfathered not what you signed up for. prevents insurance companies from status. It makes perfect sense to re- We want to make sure if you signed canceling coverage when you get sick. quire plans to maintain their benefits up for a plan and you like that plan, it That is why the new law requires insur- as a condition of their preferred status. can be grandfathered. What cannot be ance companies to allow parents to put After all, if a plan significantly reduces grandfathered is something drastically their children up to age 26 on their in- its benefits, it is not the same plan different, which puts you at a dis- surance policy, and that is why the new anymore. If a plan significantly re- advantage. law prevents most insurance companies duces its benefits, the plan is not truly So it is clearcut on this issue before from discriminating against kids with letting you keep what you have. us: You either stand with consumers preexisting conditions. Another example under the new regu- and you stand with Main Street busi- These important new protections lation is that plans cannot signifi- nesses—which I just read a letter from, took effect just last week. From the cantly increase cost sharing and retain which recognizes that if they want beginning, the law has been about pre- their grandfathered status. In other serving what is good about American grandfathered plans, they also want to words, plans cannot significantly in- health care. That is why one of the be protected, they want some certainty crease deductibles, copays or coinsur- central promises of health care reform out there to know what those plans are ance that are more than nominal. has been and is: If you like what you going to be; and that is what these Once again, the new regulation is have, you can keep it. That is criti- rules provide. On the other hand, if you only fair because plans should not be cally important. If a person has a plan, vote to overrule this rule, you are obvi- increasing the financial burden on con- and he or she likes it, he or she can ously standing with the insurance com- sumers and still qualify for this special keep it. status. If a plan significantly increases panies one more time, letting them Now some on the other side of the continue what we closed the door on, aisle have tried to pick apart that the financial burden on consumers, it some of these terrible abuses of cutting promise. They have tried to find some is not the same plan. If a plan signifi- people off, putting caps on what you rare example to the contrary. But de- cantly increases the financial burden can get, changing your policies mid- spite what some folks might say, we on consumers, the plan is not letting stream. stuck to that promise. If you like your you keep what you have. A third example under the regulation Well, the rule says: Yes, insurance health care plan, you can pretty much company, you can do that, but you are keep it. is that plans cannot add new or more no longer a grandfathered plan. That is Then the question becomes: How can restrictive limits on coverage and re- exactly what this rule is about, to pro- we be sure that what you have is still main grandfathered. This, too, makes tect consumers and to provide cer- the same health care plan? What sense, because imposing or lowering tainty out in the marketplace for small changes can the insurance plan make annual limits has the same effect as re- businesses so they know what the and still remain the same plan? That is ducing benefits, and that is not some- grandfathered plans are and what they what this new regulation is all about. thing for which plans should be re- are not. Without this, if you do not The Departments of Health and warded. have a rule, who knows what a grand- Human Services, Labor, and Treasury Once again, if a plan adds new or fathered plan is. It is up in the air. promulgated this regulation on June more restrictive annual limits on cov- So with that, I yield 15 minutes to 17. The regulation defines what erage, it is not the same plan and the my friend from Montana who did such changes an existing health care plan plan is not letting you keep what you a great job as chairman of the Finance can and cannot make in order to retain have. These examples demonstrate how Committee in shepherding the health what is called the ‘‘grandfathered’’ sta- reasonable the new rules for grand- care reform bill through. He is one of tus. fathered status are. Plans basically our great experts in this area, and I The new health care reform law gives have to offer the same coverage. They know he feels strongly about these grandfathered plans special treatment. have to offer the same cost sharing and grandfathered plans too. So I yield 15 This treatment ensures that satisfied annual limits as they do today. minutes to my friend from Montana. consumers can continue to get their The resolution before us would allow The PRESIDING OFFICER. The Sen- current health care plans, and this health insurance plans to leave the ator from Montana. treatment ensures that dissatisfied path to full compliance with new, com- Mr. BAUCUS. Mr. President, I thank consumers can get access to a fairer monsense consumer protections. The my friend from Iowa, the chairman of marketplace. resolution would leave consumers rely- the HELP Committee, for his excellent Plans with grandfathered status get ing on the kindness of the insurance in- service. more time to incorporate some of the dustry, and we have seen how well that A weather vane shows when the wind consumer protections guaranteed in works. That is the effect of the resolu- is blowing and in what direction it is the new health care reform law. Grand- tion before us. blowing and a resolution such as this fathered status is valuable to the The resolution before us would strike shows when it is election season. health insurance plans. In some cases, down disincentives for plans to cut This resolution is a political stunt. It it exempts plans from having to make benefits, increase consumers’ out-of- is an election-season effort to take pot- particular changes until the year 2014. pocket costs, or reduce how much shots at the new health care reform Some fundamental consumer protec- health care a consumer may use in a law. Before the Senate now is a joint tions, however, are so important that year. The resolution before us would

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This only serves The new health care reform law aims I yield up to 10 minutes to my friend, to drive employer health care costs up, to eradicate these abusive practices, the Senator from Wyoming, Senator making it even more difficult for them and the grandfathering regulation en- BARRASSO. to offer health insurance to their work- sures a successful transition to a fully The PRESIDING OFFICER. The Sen- ers. reformed insurance market. ator from Wyoming. I am sorry. Maybe the American peo- The new health reform law puts con- Mr. BARRASSO. Thank you, Mr. ple are confused. The American people sumers and their doctors—not insur- President. As my colleagues know, I believed the goal of reform was to ance companies—in charge of their have come to the floor week after week lower health care costs. America’s health care. after this bill was signed into law with small businesses struggle each and This resolution would put consumers a doctor’s second opinion based on my every day to find a way to provide at risk. It would put consumers at risk nearly quarter of a century practice in health insurance to their employees. of paying more and getting less. This Wyoming, taking care of families The government should be making it resolution is the exact opposite of there. I go home every weekend and easier for businesses to keep providing health care reform. talk to people. the coverage. Instead, this bureau- This resolution is a political stunt. It The people of Wyoming remember cratic regulation drives prices up. This is about repealing health care reform when the President of the United is going to increase the odds that em- in an election season. This resolution States spoke to a joint session of Con- ployers are going to simply choose to is an attempt by the other side to dis- gress and he told the American people stop offering health care insurance cov- mantle the new health care reform law about the plan that was later signed erage completely. piece by piece. This time, they are into law. During that speech the Presi- Additionally, this so-called grand- sending a message to their friends in dent said: father regulation makes it much hard- the insurance industry. This resolution . . . if you are among the hundreds of mil- er for employers to make health insur- invites the insurance companies to lions of Americans who already have health ance changes that would actually help continue to put profits before patients. insurance through your job, or Medicare, or to keep down the cost of care, to keep So I ask: What is next? Medicaid, or the VA, nothing in this plan down the cost of coverage. Today, busi- The other side says they want to re- will require you or your employer to change nesses have very few options if they peal and replace the new health care the coverage or the doctor you have. want to keep costs in check, as well as law, but we saw what happened before Let me repeat: keep their grandfathered status. Busi- health care reform. Before health care Nothing in our plan requires you to change nesses that lose their grandfathered reform, insurance companies could dis- what you have. status are then forced to comply with criminate against kids with a pre- I think I heard the chairman of the all the new rules, all the mandates in existing health condition. Before Finance Committee say that if you like the health care law, and now, even by health care reform, health insurance your plan, you can pretty much keep the White House’s own admission, we companies did not have to let adults it. That is not what the President said. are talking about up to 80 percent of under 26 stay part of their parents’ Pretty much keep it? With those the small businesses in this country. health insurance plans. Before health words, the President—and congres- Subjecting employers to these man- care reform, health insurance compa- sional Democrats—made a vow to 170 dates forces them to change and to ex- nies could kick people off their rolls million people who get health coverage pand their insurance plans. What does when they were sick and needed cov- through their employer. The President that mean? Well, it means costs are erage the most. That is what the law and congressional Democrats promised going to go up. No surprise. It is obvi- was before the new health care reform that if you like what you have, then ous this administration doesn’t want law. Is that what the other side wants the health care law would let you keep the American people to be able to keep to go back to? it. What a difference a year makes. what they have if they like it. The law The bottom line is this resolution On June 14 of this year, the Obama wasn’t written that way, and certainly would take away consumer protections administration released a 121-page the regulations were written in a way that the new health care reform law ‘‘grandfathered health plan’’ rule. It is that violates—and this is the White guarantees. a rule that clearly violates—clearly House—the White House regulations I urge my colleagues to reject the violates—the President’s promise. were written in a way that violates the proposition that insurance companies Let me explain how. ObamaCare in- pledge the President made to the know best. They don’t know best. I cluded a provision allowing existing in- American people. urge my colleagues to maintain the surance plans to be ‘‘grandfathered’’ President Obama and congressional commonsense consumer protections under the new law. Theoretically, that Democrats certainly like using their that have just come into effect, and I means that employers and individuals talking points, but the American peo- urge my colleagues to reject this elec- would not have to give up the coverage ple know it is just spin. That is why tion season resolution. they have and they like to comply with this bill was unpopular when it was I yield the floor. onerous government rules and man- signed into law and now, 6 months The PRESIDING OFFICER. The Sen- dates. later, it is even more unpopular, with ator from Wyoming. So you have to make sure, though, 61 percent of the American people Mr. ENZI. Mr. President, I appreciate that you read the fine print. Look at wanting this bill and this law repealed the comments by both of the leaders on the chart. The chart in the new admin- and replaced. health care from the other side, but istration rules estimates between 39 That is why I come to the floor today you can’t have your own facts. You and 69 percent of businesses will lose to support the efforts of my friend, the can’t show significant changes as being their grandfathered health plan status. senior Senator from Wyoming, the the only thing that eliminates The picture is even worse for small ranking member of the Health, Edu- grandfathering. businesses in America, and it is small cation, Labor and Pensions Committee, If you look at the Federal Register, businesses that are the engines that who has introduced Senate Joint Reso- page 34,568, the last few paragraphs drive this economy. The same chart in lution 39, a resolution of disapproval say: Any increase in a percentage cost- this report estimates that by the year that would overturn the administra- sharing requirement causes a group 2013, up to 80 percent—80 percent—of tion’s so-called grandfather rule. It is health plan or health insurance to small businesses will lose their grand- an honor to stand with Senator ENZI cease to be a grandfathered health fathered status. This means American and fight against this job-killing Wash- plan. businesses will not be able to keep ington mandate. I appreciate his lead- Another part says: Any increase in a their current insurance plans. That is ership but, more importantly, his dedi- fixed-amount, cost-sharing require- what this means. They will be required cation to make sure the President

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Just yesterday, the nonpartisan Con- We have heard the phrase ‘‘jack of all The PRESIDING OFFICER. The mi- gressional Budget Office said these tax trades,’’ but Larry is a master of all nority leader. hikes will hurt the economy and slow trades—not only because of the many Mr. MCCONNELL. Mr. President, I the recovery. So what did we do here roles he filled in my office, but for the wish to proceed under my leader time. over the past week in the Senate? An fullness of his life outside the office as The PRESIDING OFFICER. Without ill-conceived bill the chairman of the well. objection, it is so ordered. Finance Committee said would put As the State director in my office be- Mr. MCCONNELL. Mr. President, U.S. companies at a competitive dis- ginning in 1985, Larry was my chief first, I had an opportunity to hear the advantage, and a campaign finance representative in Kentucky. He remarks of Dr. BARRASSO, the Senator bill, the entire goal of which was to oversaw an 18-member field staff, from Wyoming, about health care, and give Democrats an electoral advantage spread out amongst six offices in the I wish to thank him for the ongoing in the upcoming elections by muzzling State, and led my efforts in con- contribution he has made in this very their opponents. stituent casework, project develop- important debate. This is an issue that If Americans need any further proof ment, and outreach. is not over and we will keep on revis- that Democrats haven’t been listening Beyond that, however, Larry was the iting the flaws in the coming years. So to them, this past week has provided picture of the perfect Senate staffer. I thank the Senator from Wyoming for all the evidence they need. Americans Content to stay in the background, for his important contribution. want us to focus on jobs, and our years he happily worked without seek- I also thank the other Senator from friends on the other side focused on ing credit. He is a man of fairly strong Wyoming who is sitting to my left, who preserving their own jobs and spending opinions, and was somewhat our resi- is the author of this measure we will be more taxpayer dollars. dent keeper of the ideological flame— voting on—a necessary step. I thank It has to stop. but he would never force his opinion on the Senator from Wyoming for his im- That is why earlier this month I pro- you if you didn’t ask for it. portant contribution as well. posed a bill that would prevent a mas- Most of all, for the hundreds of staff- VOICES GROW LOUDER sive tax hike from going into effect on ers that have been through my offices, Mr. President, for the past year and a anyone at the end of the year, and that he served as a role model, an example half, Americans have witnessed some- is why Republicans put forward an ap- of good character, and a true friend. thing truly remarkable here in Wash- propriations cap that would cut $300 Larry and I have more in common ington. They have watched a governing billion from the President’s budget, than just our Senate service. We were party that was more or less completely even as our friends on the other side both born in Alabama, just a year uninterested in what the governed had neglected to bring a single appropria- apart, and after a little traveling, we to say about the direction of the coun- tions bill to the floor. both ended up about as Bluegrass as try. In a nation where the govern- Sometime today or tomorrow, we one can get. Additionally, both Larry’s ment’s power is derived from the con- will be leaving Washington to head father and mine served in World War II. sent of the governed, that is a pretty back to our States and when we do, After the war, Larry’s father, Law- risky governing philosophy. That is Democrats will have a lot of explaining rence E. Cox, Jr., worked for Gulf Oil, why the voices of the American people to do about how they have spent their and that job took him and his family have grown louder and louder. time here in the last year and a half. all across the southern United States. Republicans have listened to those As for Republicans, we will be able to Larry spent time growing up in Lou- voices. We heard the concerns Ameri- say we listened. isiana, Arkansas, and Tennessee. cans had with the stimulus bill that TRIBUTE TO LARRY COX He attended George Peabody College was based on the discredited premise Mr. President, in the reception area of Vanderbilt University, and earned that having bureaucrats and Demo- of my office in the Russell Building, his master’s at the University of Ten- cratic lawmakers spend $1 trillion on there is a framed copy of a page from nessee. A city planner by trade, he fi- their favorite programs would revive my hometown newspaper hanging on nally moved home—that is to say, to the economy, and we opposed it. We the wall. It is from section B, the front Louisville—in 1972. heard the concerns Americans had page, and the date reads January 21, My friendship with Larry began in about a health spending bill that was 1985, just days after I was first sworn in 1981, when Larry began working for built on the discredited premise that as Kentucky’s newest Senator. county government as the deputy sec- spending more money and growing the There is a picture of me sitting in my retary for community development. I Federal bureaucracy would make new Senate office, talking on the was the county judge/executive, and I health care less expensive, and we op- phone, with quite the head of dark successfully lured Larry away from his posed it. We heard the concerns Ameri- hair. Behind me you can see a man in old job. By 1984, he was with me as I cans had about a financial regulatory a sport coat lifting some boxes. And he made by first run for the Senate. bill that was built on the discredited looks like he can lift them quite easily, I can’t talk much longer about Larry premise that hiring more of the same too. The caption under that photo without mentioning his lovely wife kind of bureaucrats who missed the reads: Joanie. Larry came to start working last crisis was a good formula for pre- ‘‘McConnell made a few telephone for me just 3 months after he and venting the next one, and we opposed calls while aide Larry Cox moved boxes Joanie got married. It is lucky for me it. in on the first day.’’ it wasn’t 3 months before. Joanie Again and again, Democrats were The first day. didn’t know just how much I would faced with a problem, and their solu- Now, in too many ways, it feels like take her husband away from her over tion was to ram through some costly, an era has reached its final days. Be- the years. big government solution Americans did cause after more than 25 years of Sen- Elaine and I have to thank Joanie for not want, but that they are now ex- ate service, and nearly 30 years of set- sharing Larry with us, because as we pected to pay for. And they are still ting his own ego aside to help me and all know, sometimes Larry’s work obli- not finished. my career, on September 2 of this year, gations have gotten the lion’s share. In order to fund even more programs, Larry Cox retired. Sometimes Larry served as a one- more government, our friends on the No other single person worked as man security detail. It was like being other side now want to raise taxes. hard or did as much for Team McCon- staffed by Clint Eastwood. You could Nearly 15 million Americans are look- nell as Larry has. And because Larry call him ‘‘Dirty Larry,’’ and he was

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7679 just waiting for someone to make his 50. Years ago, Larry used to shoot her feel just at home. She liked going day. skeet competitively. to Larry and Joanie’s home, where she Larry is not a guy you want to make You could even say Larry is one of knew she would always find good food mad, even though those of us who know those ‘‘bitter’’ people, the type who and good company. him know that under that tough exte- clings to his guns and his religion. He During my 1996 campaign, Elaine’s rior is a very kind and caring man. I is a devout Christian who has been at- sister Angela came to Louisville to vol- am probably going to get in trouble tending St. Matthew’s United Meth- unteer, and Larry and Joanie gener- with him for saying that out loud. odist Church in Louisville since 1978. ously put her up in their home. They In the old days, Larry and I criss- He has faithfully volunteered count- have done that many times for other crossed every county in the State, in a less hours over the years, including volunteers and staffers through the car that Larry faithfully had service time spent at Susannah House, a years. The McConnell Team has always every 3,000 miles. Every event, he had daycare center run by the church. He been grateful to stay at their home. planned precisely down to the minute. has held every church leadership posi- I have wondered often over the years Executing Larry’s plans was like exe- tion, including serving on the board of how a man as unique and special as cuting a military maneuver. trustees. Larry Cox came to be, and how I was This was also when I first learned In what is becoming a recurring lucky enough to find him. about Larry’s honest-to-gosh super- theme for Larry, he is always willing To the second question, I can only power. He is a walking, talking human to do whatever is asked, and whatever credit providence. But the first ques- GPS. Ask him how to get anywhere, it takes. On top of his church, he gives tion, that I can take a stab at answer- and he can give you landmarks, travel his time generously to the Kiwanis, ing. time, distance and cardinal direction. and to the State Republican Party. I know Larry learned a lot about liv- Naturally, a fellow like that became Larry is a great lover of the out- ing from his mother. So did I. So did one of my very first Senate staffers doors. He and Joanie have a farm in everyone lucky to know her. Beryl O. after we were victorious in the 1984 Hart County, KY, that is just shy of 100 Cox was a spirited, adventuresome election. And he was the perfect choice acres. Now that Larry is leaving us I woman—in other words, she was a lot to be my State director. know he will be spending a lot more like Larry. She raised three boys, and she was In that job, he has been to every time there. like one of the boys. She knew her pri- town parade and county festival. I be- Larry generously opens up his farm orities: She loved her family, her lieve he could name the sitting judge/ to the McConnell Scholars, students at church, her motorcycles, and her bour- executive in all 120 Kentucky counties, the University of Louisville who are bon—not necessarily in that order. or tell you which counties towns like part of a scholarship program for kids She and Larry would go riding to- Eighty Eight or Grab are in. Since 1985, that I helped establish in 1991. He has gether. She had her own motorcycle, a there have been 14 commanding gen- held retreats for them there, mentored Honda Valkyrie. She didn’t drive it— erals at the Fort Knox Armor Center, the students, and helped bring in Larry would drive, and she would sit on and he has known and worked with speakers for other McConnell Center the back. every one of them. events. His contribution is so great Beryl was a delightful woman—‘‘a And in the hundreds of thousands of that Dr. Gary Gregg, the center’s direc- real kick,’’ according to Joanie. And hours I have spent with Larry, if he tor, puts it this way: ‘‘Simply put . . . may I say she was a close friend of ever had a bad day, he did it pretty we would be impoverished without mine as well. I remember how much well. Larry.’’ she volunteered on many of my cam- Maybe that is because Larry never Dr. Gregg has a 15-year-old son, and paigns. got bored. I have already described how Larry has helped encourage his inter- She was about the same age as my he did everything in my office, no job est in deer hunting, by letting him use own mother. She lived a full and robust too big or too small. And the rich and his farm and his fields and educating life, until her passing at the age of 95 complete life he leads has given him him about shooting and gun safety. in 2007. plenty else to do as well. Whenever he has a chance to share his A full and robust life, well lived. Larry knows a lot about a lot of love of nature and the outdoors, Larry Larry obviously learned that from his things. If you are on the road with him, shines. mother as well. And just like her, he and you point out a nice looking Cor- Anyone who thinks Republicans has made countless friends along the vette, he will be able to tell you it’s a can’t be conservationists, I want them way. ZR1 with 638 horsepower and over 600 to meet Larry and go visit his farm. Those friends will get to see a lot pounds of torque that can pull one ‘G’ The Green River runs through it, and more of Larry now. So will his family. in a turn and goes zero to 60 in 3.5 sec- Larry participates in the CREP pro- Whether it is time spent on the farm or onds. gram—a Kentucky conservationist ef- on the back seat of his motorcycle, if it Larry once stopped me from boarding fort to preserve and protect the river. is time spent with Larry, I am sure a plan because he could smell that it A third of the farm is planted with they are grateful. had been filled with the wrong kind of warm-season native grasses, to prevent The Cox family includes Larry’s wife fuel. Despite the so-called experts tell- soil erosion into the river and enhance Joanie; his daughter and son-in-law ing him otherwise, he insisted they the local wildlife. A third of the prop- Lisa C. and Steve Pieragowski; his son double check. Turned out he was right. erty is in timber, and a third in hay- and daughter-in-law J. Randall and Larry’s nose saved some lives that day. fields. You may have noticed what’s Kristen A. Cox; his grandchildren Larry’s favored method of transpor- missing on this farm—Larry has to Alexa Brooke Pieragowski, Erin Phoe- tation, however, is not by air, but by abide by Joanie’s rule, ‘‘No crops, no be Pieragowski, Hayden Lawrence Cox, land—specifically, by motorcycle. You critters.’’ and Hadley Marie Cox; his brother and can catch him driving across Kentucky Larry is so well known throughout sister-in-law Alvin J. and Cammie Cox; on his Suzuki Bandit 1250, and he is the State for his conservation efforts, his brother and sister-in-law Davis S. usually with friends. In fact, Larry’s he was honored this year as the Ken- and Lynn C. Cox; his nieces and neph- got so many friends in the biker com- tucky Association of Conservation Dis- ews Christopher L. Cox, Carter Cox, munity that I have benefited from hav- tricts Person of the Year. He is also the Lindsay F. Cox, and Stephen Cox; and ing a fleet of motorcycles roll in to first person to receive the Award for many more beloved friends and family many of my events. Larry’s also a Distinguished Service from the Natural members. strong supporter of the second amend- Resources Conservation Service. Larry, your family’s gain will cer- ment. He believes in gun control—gun My wife Elaine is also close to Larry tainly be our loss. It is a loss for my of- control being a firm hand and a steady and Joanie, and I know she is going to fice, and a loss for the entire State of grip. miss them a lot. Larry was one of the Kentucky that you have faithfully I don’t know how many guns Larry first Kentuckians she met when she served for so many years. has, he may not even know, but I became to the State, and he was so As for me, I am going to miss my old lieve the number is somewhere north of knowledgeable and friendly he made friend.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7680 CONGRESSIONAL RECORD — SENATE September 29, 2010 After 30 years, there is too much to CHANGES THAT DISQUALIFY PLANS FROM worked together on many issues over be said, so I simply say, thank you, GRANDFATHERED STATUS—Continued my tenure and his—it is with a deep Larry. For your dedication, your serv- sense of respect for him that I rise ice, and your friendship, I don’t think Plan Element Disqualifying Change* today in opposition to what his resolu- you can ever be thanked enough. Employer Premium A decrease of more than 5 percentage points below tion would attempt to achieve and to Contribution the existing employer contribution rate as of March associate myself with the remarks of Mr. President, I yield the floor. Rate (in group 23, 2010 The PRESIDING OFFICER. The Sen- plans). Senator HARKIN, Senator BAUCUS, and Benefits Package The elimination of all or substantially all covered ben- others who worked day to day, along ator from Iowa is recognized. efits to diagnose or treat a particular condition Mr. HARKIN. Mr. President, before I after March 23, 2010. with their staffs, to achieve this health yield to the Senator from Connecticut, *See the interim final rule on grandfathered plans, listed under ‘‘Addi- care reform package. I listened to my friend from Wyoming tional Resources,’’ for information regarding exceptions to the March 23, We are told health reform is not pop- 2010 date. Exceptions may apply to plans that had already filed pending ular. I listened to one of my colleagues before the minority leader spoke. He changes at the time that health reform was enacted. was reading from the Federal Register, **If a plan had a lifetime limit but no annual limit on March 23, 2010, give a presentation that this is not ter- it may replace its lifetime limit with an annual limit while maintaining its ribly popular in the polls, as if some- if I am not mistaken, saying that any grandfathered status, as long as annual limit has a dollar value that is change—and he kept repeating ‘‘any equal to or greater than the previous lifetime limit. how that is going to determine whether change,’’ ‘‘any change,’’ any increase what we are doing is right or wrong. Mr. HARKIN. Mr. President, you I recall 1948, the Marshall Plan. If because we have been talking about have to read the whole paragraph. there had to be significant increases popularity in the polls had been the de- There is one where there is any change ciding factor as to whether we passed and changes. My friend from Wyoming at all would disqualify a grandfather the Marshall Plan, it would have failed was reading from the Federal Register plan, and that is any increase in the miserably. About 17 percent of Ameri- and said ‘‘any increase.’’ percentage cost sharing. You can un- cans thought we should rebuild Europe. After reading through this, it re- derstand that. If you have a percentage The Civil Rights Act and the Voting minds me of an example I have often cost sharing, let’s say it is 20 percent, Rights Act—I can guarantee to this used about not taking things out of if the cost of the plan goes up, medical day there were those who said this was context. It comes from Psalm 14 in the inflation goes up, then your total cost not a terribly popular idea. I am not Bible. There is a sentence in the Bible will go up because 20 percent of $100 is sure how it would fare in certain quar- that says, ‘‘There is no God.’’ I say to $20; 20 percent of $120 is $24. Your out- ters. I do not think anybody in this a lot of people, it cannot be true. Yes, of-pocket will go up. Chamber would disagree we are a bet- there is a sentence in Psalm 14. It is The only thing that would deny a ter country today because of what we right there. The problem is the sen- plan from being grandfathered is if did in the Marshall Plan, what we did tence before that says: ‘‘The fool in his they changed the percentage of your with the Voting Rights Act, the Civil heart says there is no God.’’ You can copay. But if they have a fixed amount Rights Act, and others. take things out of context. I started of copay, say $20, they can go above I think it is disturbing that we ought reading this and saw how this was that by the maximum percentage in- to determine the outcome of trying to taken out of context. crease of inflation plus 15 points. make America achieve its great poten- First of all, my friend from Wyoming I wanted to try to clear that up, that tial by the results of polling data. I said ‘‘any increase in fixed amount cost there is only one case in which any know that has become the standard sharing requirement.’’ But, it says—he change at all denies grandfathering, some people use. It ought not be the did not read on—‘‘if the total percent- and that is if, in fact, the plan changes standard by which the Senate deter- age increase exceeds the maximum per- your percentage of what you have to mines its course of action. centage increase,’’ as defined in an- pay in. I wanted to make that clear. Health reform is the culmination of other paragraph over here, which is ba- Now I yield to my good friend, Sen- more than a half century—in fact, ar- sically expressed as a percentage of in- ator DODD, who was the leader on our guably going back to Teddy Roo- flation plus 15 points. So it is not any committee in getting the Affordable sevelt’s day, almost a century ago—a increase, it is any increase based on Care Act through and who knows the struggle by Democrats, Republicans, whether it is inflation plus 15 points. importance of making sure we keep and Congresses to try and get to a Then my friend said: ‘‘Any increase these protections, not only for con- point where we can get our arms in fixed amount copayment.’’ But you sumers but for small businesses. around this very important issue. At have to read on because it says ‘‘deter- I yield whatever time he wants. long last, we set ourselves on a course mined as of the effective date if the The PRESIDING OFFICER. The Sen- to manage this issue. total increase in the copayment ex- ator from Connecticut is recognized. At the center of that struggle was ceeds the greater of an amount equal Mr. DODD. Mr. President, I express the question: Who would control a per- to $5 or the maximum percentage in- my gratitude to my friend and col- son’s health care? On this issue there crease,’’ as I mentioned before, which league from Iowa and his terrific work. seems to be unanimity. I think all of us is medical inflation plus 15 percentage He, along with so many others, brought would like individuals and their health points. us to the point that has defied adminis- care providers to be in control when it I ask unanimous consent to have trations and Congresses for more than comes to deciding what a person’s half a century. Together, we were fi- printed in the RECORD this chart to health care coverage would be, and not show that it is not any changes, as my nally able to expand access, try to sta- the insurance industry that has a his- friend was saying. bilize costs, and increase the quality of tory of abusing those who fall ill and There being no objection, the mate- health care. It is no easy task. These need coverage. rial was ordered to be printed in the efforts, obviously, consumed a great Just 6 months ago, we answered this amount of this Congress’s time and at- RECORD, as follows: question definitively. Americans tention. should be able to control their own CHANGES THAT DISQUALIFY PLANS FROM Despite the rigid opposition of those health care, and the insurance industry GRANDFATHERED STATUS opposed to these changes, without an should not. This resolution before us alternative ever being offered, for the today would take us backwards once Plan Element Disqualifying Change* first time the American people can again on that fundamental, underlying Copayment ...... The greater of an increase of more than $5 (adjusted look forward in the years to come to question at the heart of the long de- for medical inflation since March 23, 2010) or an having increased access to health care, bate that consumed this Congress: Who increase above medical inflation plus 15 percentage points. improved quality, in my view, but also would control whether a person had Deductible ...... An increase above medical inflation (since March 23, stabilizing costs. Without these good health care, the insurance indus- 2010) plus 15 percentage points. Out-of-Pocket An increase above medical inflation (since March 23, changes, we would put our great econ- try or the individual, their family, and Limit. 2010) plus 15 percentage points. omy in this country at significant risk, their providers? Co-Insurance ...... Any increse in the co-insurance rate after March 23, 2010 beyond the other problems we are grap- The law we passed phases in many Annual Limit ...... Any decrease of an annual limit that was in place on pling with today. new protections over several years pro- March 23, 2010, disqualifies a plan. Adoption of a new annual limit for plans that did not have one I say respectfully—because my friend tecting Americans’ rights while ensur- on March 23, 2010, also disqualifies a plan.** from Wyoming knows he and I have ing stability of the health care system.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7681 Just last Thursday on the 6-month an- the new law and continue abusive prac- the insurance industry can decide what niversary of the passage of the health tices that have been in place for too you are going to get from them—not care reform bill, many consumer pro- long. They can continue their old plans what you want. That is the funda- tections came into effect making up as long as they did not dramatically in- mental difference if we adopt this reso- what we call the Patients’ Bill of crease the cost to their customers. lution. Rights. It made no significant negative Health reform changed that by hand- This Patients’ Bill of Rights, which changes to the coverage consumers ing control, as we all agreed on, back my colleagues and I fought so very were paying for. In other words, you to you and your family. If we adopt hard to include in our final bill, pro- can keep what you have. But if the in- this resolution we fundamentally shift vides that sense of security to people surance companies try to take away that equation once again. In order to across the Nation and in each of our re- what you have, the law will protect help small businesses more easily pro- spective States by prohibiting the you. In the parlance of Washington, vide coverage to their workers and worst of the insurance companies’ this is called grandfathering. make premiums more affordable, the abuses and practices. These abuses To clarify to businesses, insurers, law provides tax credits for that cov- went on year in and year out, and all Americans what this meant in erage. In Connecticut alone, there are disadvantaging average citizens in our practice, the administration released a 54,000 small businesses that will benefit country. As a result of that bill of regulation on June 17. This regulation from these tax credits. This is just the rights we adopted in our health care re- strikes an important balance of keep- first step toward bringing health care form bill and as a result of last Thurs- ing our businesses strong while ensur- costs down, as we all want, and ensur- day, the following rights became the ing that employees and their families ing quality care, as we all want as well, law of this land: are able to weather difficult economic for coverage of average Americans and All insurance plans must end lifetime times, such as the ones we are in. their providers. limits on coverage. How long have we Under the regulation adopted on This resolution is not about small heard that debate and how important June 17, grandfathered plans are not businesses and harming them. This is is it today that protection exists? required to offer the additional bene- another effort to dismantle health re- All insurance plans must stop can- fits included in the Patients’ Bill of form, and I believe it is fundamentally celing coverage when you get sick. How Rights. I wish they were, but they are wrong for thousands of small busi- many of my colleagues at townhall not. The grandfather regulation pro- nesses and employees across the coun- meetings heard the frustrations ex- vides insurers and businesses flexibility try. It is a gift to the insurance indus- pressed by our constituents that just to continue to innovate and to grow try, which all of us agree should no when they needed the coverage the and still maintain their status. longer be the ones to decide what you most, they would be dropped by the in- Businesses’ health plans will not lose get based on what they want to charge surance industry? their grandfather status unless signifi- you, but whether you have insurance And, today, parents who have adult cant changes are made to policies and confidence you are going to get for children but under the age of 26 know which unduly burden employees and your family what you need not what they can carry those kids on their average American families. they decide you get. plan. How many families, because of For example, if a health plan in- For those reasons, I strongly oppose the economy we are in with high unem- creases co-payment charges for a work- this resolution and hope my colleagues ployment, particularly among younger ing mother in Hartford, CT, as has been will join us in that effort. I yield the floor. people, go through sleepless nights pointed out by Senator HARKIN, by The PRESIDING OFFICER. The Sen- worrying about their children who more than 15 percentage points, it will ator from Wyoming is recognized. have been dropped from their plans, lose the grandfather status. Or if a Mr. ENZI. I yield up to 10 minutes to knowing they are struggling to get on health care plan significantly reduces the Senator from Iowa. their feet? The law today protects benefits for a family in New Haven, CT, The PRESIDING OFFICER. The Sen- those families and those young adults. it loses its grandfather status, as it ator from Iowa is recognized. New insurance plans must offer addi- should. Mr. GRASSLEY. Mr. President, Con- tional benefits and protections to con- These are not unreasonable require- gress meets in the District of Colum- sumers under our bill such as preven- ments as we strive to protect average bia. The District of Columbia is an is- tive services—which Senator HARKIN families in our country. land surrounded by reality. Only in the championed day in and day out to be My colleague from Wyoming and I District of Columbia could you get included as part of this bill—covered disagree about this new law. We sat to- away with telling the people if you like with no cost sharing, an increased gether day in and day out during those what you have you can keep it, and choice of providers, and no prior au- long markup periods. He is a good man, then pass regulations 6 months later thorization requirement for emergency a good Senator, and a good friend. But that do just the opposite and figure care. Those protections benefit mil- I disagree with him strongly on this that people are going to ignore it. But lions of people across this country. resolution. In my view, he wrongly common sense is eventually going to If they knew what was at stake with claims this repeal would benefit small prevail in this town and common sense this kind of a resolution, which can businesses. I say today that adopting is going to have to prevail on this piece throw these back and change these this resolution would not only hurt of legislation as well. I support the res- plans in such a way, I suspect those small businesses but also roll back the olution of Senator ENZI, disapproving using polling numbers to identify a important consumer protections that the regulation on grandfathered health reason for being for this resolution or ended some of the worst insurance in- plans. against the health care bill might have dustry abuses across our country. The partisan health care overhaul en- second thoughts. When we began to de- If we repeal the grandfather regula- acted last March and subsequent imple- bate the health care reform bill, the tions, we will harm small businesses mentation represents so many broken President of the United States made and their employees because nothing promises that I hardly know where to clear that part of having control of would protect them from the insurance begin. But the resolution of Senator one’s health care was having the right companies raising premiums by double ENZI certainly sheds some light on one to keep what you have. We enshrined digits each year, without offering any of the most glaring broken promises we that in the bill during the HELP Com- new and better benefits to the very have seen so far, and is as good a place mittee markup, the Finance Com- people who would suffer. as any for us to start. mittee markup, and the Senate debate Nothing would protect them from in- Time and again throughout the on this bill. surance companies deciding to drop health care debate, supporters of the No matter how important we thought benefits or price them out of reach for health care overhaul assured voters those protections were, we said you can these very employees. that even after their proposal became keep what you have, if that is what you This resolution would not guarantee law, ‘‘If you like what your current want. But this was not carte blanche the right to keep what you have. What health plan is, you will be able to keep for the insurance industry to ignore this resolution does guarantee is that it.’’

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7682 CONGRESSIONAL RECORD — SENATE September 29, 2010 The administration’s own regulations was the wrong approach. Health plans lot of them cannot afford the Cadillac prove this is not the case. Under the are being forced out of the child-only plans that a lot of big businesses have, grandfathering regulation, according market. Some have stopped selling in but they are trying to do the right to the White House’s own economic im- individual markets entirely. Premiums thing. Some businesses cover half of pact analysis, as many as 69 percent of continue to go up at twice the rate of what their employees pay. Some busi- businesses will lose their grandfathered inflation. nesses have slimmed-down plans. The status by 2013 and be forced to buy gov- The White House’s own actuary is vast majority of the health plans that ernment-approved plans. telling us that health care inflation small businesses offer would not meet The estimates are even more trou- will be worse now than it was before the minimum standards that this bling if you are a small business. the health care reform bill became law. health care bill is going to require. Again, according to the administra- Over 1 million seniors are being forced Why is that important? The Presi- tion’s own estimates in the regulation, out of their current national Medicare dent said during the health care debate as many as 80 percent of small employ- Advantage or Medicare prescription that if you like your plan you can keep ers will be forced out of their current drug plans, and this is only going to it. If you like your doctor, if you like plan and into a more expensive govern- get worse. Businesses are considering your plan, you will absolutely be able ment-approved plan. It is no wonder dropping retiree health care benefits to keep it. There is a small detail he that the grandfathering regulation is and possibly dropping health care cov- left out. The detail is this: If you opposed by pretty much every em- erage altogether. change your health plan—and it does ployer organization in the country. With these kinds of stories coming not have to be in a significant way—or The National Federation of Inde- out on a daily basis, it is no wonder if you change your copays—you could pendent Businesses, the Chamber of that polls are showing close to 60 per- lose your grandfathered status. If you Commerce, the National Association of cent of the American people opposed to lose your grandfathered status you now Manufacturers, and the National Retail this new law. I support the efforts of have to comply with the minimum Federation have all weighed in against Senator ENZI and appreciate that he is standards in the Federal law. That is a this burdensome and disruptive policy. willing to shed some light on this problem because, for most small busi- In every one of those cases, businesses issue. There is a lot of misinformation nesses, these standards will dramati- that are members of those organiza- out there and people need to under- cally increase the cost of their health tions want to provide health insurance stand what this health care overhaul insurance for their employees and a lot and have been providing health insur- means for them. of them are barely keeping their doors ance for their employees, and they The grandfathering regulation is a open today. A lot of small businesses I want to keep it. They were believing clear violation of the promises made by talk to are actually putting pencil to paper and figuring out whether they Congress when they said if you have supporters of the health care law that, are even going to be able to keep the what you like you can keep it, and now if you like what you have, you are able to keep it. We owe it to our constitu- plans they have today. they are finding out otherwise. The advocates will say: Well, don’t It is true our economy is in a fragile ents to fix that misrepresentation. change your plan. The reality is that place right now. Yet the implementa- I urge my colleagues to support the every single year, businesses look at tion of the new health care law is cre- resolution. the health care plans that they offer ating more uncertainty and higher I yield the floor. and almost every year they make costs for American businesses. How can The PRESIDING OFFICER. The Sen- changes to those health care plans. we ask them to go out and create jobs ator from Wyoming is recognized. Under this regulation, if you make and hire new people when each new Mr. ENZI. Mr. President, I yield up to 10 minutes to the Senator from Ne- changes to your health care plan you health care regulation adds another could lose the grandfather status. That layer of bureaucracy and uncertainty? vada, Senator ENSIGN. The PRESIDING OFFICER. The Sen- is a major problem. The White House should be making it According to the government’s own ator from Nevada is recognized. easier to do business in this country, statistics, by 2013 as many as almost 70 Mr. ENSIGN. Mr. President, many not harder. percent of all employer plans and 80 Americans may be wondering what this This is not just about confusion, it is percent of small business plans will re- huge stack of paper is that I have on also about costs. When employers and linquish their grandfathered status. my desk. Over 2,000 pages of this stack individuals make even modest changes Those are the government’s own esti- of paper represent the actual health to their benefits and lose grandfathered mates. Based on these numbers, it care bill. The rest of the stack consists status, they are forced to buy a new doesn’t sound like everybody is going of the regulations that have been writ- government-approved health care plan to be able to keep their plan, as the that in most cases will cost more than ten to this point. President talked about in his promises From what we understand, once the their current plan. That means the about this health care legislation. government will tell employers what whole health care bill and regulations In my view—and I think this view is benefits they have to cover, to whom are written, this stack of paper will shared by a lot of experts who are they have to offer coverage, and how grow much higher; estimates are as studying this health care plan, this bill much they are going to have to con- much as 20,000 pages total. The com- is going to raise costs for those who tribute. plexity of the health care law is incred- currently have insurance. Think about We have already seen data from ible. The resolution we have before us it; if you are going to cover 30 million health plans saying that the require- today concerns grandfathered health people there will be costs associated ment in the new law could drive up pre- plan status. This regulation is one of with that coverage. There was a $500 miums by about 9 percent. This is in those regulations that many of us be- billion cut in Medicare and there was line with the Congressional Budget Of- lieve is going to do damage to our an increase in taxes. We know that a fice’s estimate that the overall in- health care system. I want to talk a lot of different taxes were increased to crease in premiums could be as much little bit about the regulations under pay for this bill. But the other pay-for as 10 percent to 13 percent. When you discussion today. in this bill, that was not officially factor in medical inflation, some peo- Over the last couple of months, I scored as a pay-for, is that for people ple are still seeing premium increases have gone around to many businesses who have insurance—it is going to be- of 20 percent or more after the passage in my home State of Nevada, to talk come more expensive for them because of the health care law. about many of these regulations as of a lot of the mandates in the bill. What happened, then, to President well as the health care bill. Let me tell We have seen recently, insurance Obama’s promise about lowering pre- you, many small business owners in my company after insurance company, miums by $2,500? Are we supposed to State are very concerned about what when they are going to their State add that to the list as another broken this health reform bill is going to do to commissions bringing forward fairly promise? Each day it seems as if an- their businesses. A lot of small busi- large increases. other news story comes out that shows nesses struggle to do the right thing by I was talking to a small business why the partisan health care overhaul giving their employees health care. A owner the other day in Nevada. He told

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7683 me his plan is going up 38 percent. immediately reduce family’s premiums Well, aside from the fact that most That was the lowest bid he could get; a by $2,500? Well, last week a slew, a slew State insurance commissioners have 38-percent increase for this year. The of new mandates on health insurers, in- had the ability to review rate increases insurance companies told him it is be- cluding coverage of preventative serv- for years, a fact that Secretary cause of this health care bill. ices without any cost sharing, restric- Sebelius, as a former Kansas insurance I was on a telephone call yesterday. I tions on annual limits on coverage, and commissioner, knows all too well, they did a telephone townhall meeting back coverage of children up to age 26—I are leaving out another very important in my State. A senior citizen was on guess a child 25 is a child—took effect. fact, the rest of the story. the phone. He was telling me about his Many of them, in fact, may be bene- What they are not telling you is, the Medicare supplemental insurance that ficial to some Americans, but they will reason why the insurer is paying out is covered by his union. The copays and not come free. Health insurers have rebates is, because of ObamaCare, their the premiums for that were going up begun alerting their customers to the plans in the individual insurance mar- dramatically. He was wondering how fact that these new mandates cost ket will cease to exist in 2014. This he was going to be able to pay his rent. money, money that has to be charged means the reserves they have stored to He has virtually no discretionary in- in additional premiums. I think most protect their solvency are no longer come, so any premium increase is Americans understand you cannot get necessary. going to make it tough for him. He is something for nothing. That is where the rebates are coming actually figuring out how he is going But instead of admitting that their from, not some well of hidden profits. to be able to make his rent payments. policies are causing health insurers to The insurer is paying the rebates out of Those are some of the unintended con- raise their rates, the Obama adminis- their reserves because the plans will no sequences with this bill and the regula- tration has unleashed Health and longer exist. This is hardly a victory tions that are being written. Human Services Secretary Kathleen for the thousands of people enrolled in I think we need to take a second look Sebelius to silence its critics by in- those plans. If that is not misleading, I at health reform. First of all, obviously timidation. do not know what is. In a letter to America’s health insur- I wish to see the health reform bill re- What about the Secretary’s taxpayer- ance plans, the Secretary explicitly pealed and replaced with real health financed mailer regarding Medicare threatens health insurers that do not insurance reform that makes insurance Advantage that was recently sent to toe the line on ObamaCare with exclu- more affordable. I support things such seniors all across the country? This sion from the State health insurance as buying insurance across State mailer misleadingly claims that Medi- exchanges, which start in 2014. ‘‘There lines—similar to how we buy car insur- care Advantage enrollees will not see will be zero tolerance for this type of ance across State lines. I also wish to any changes to their benefits under misinformation and unjustified rate in- see us enact real medical liability re- ObamaCare. That is a claim that is de- creases,’’ she has warned. ‘‘We will also form that would lower the costs of monstrably false. keep track of insurers with a record of Already we are seeing insurers such health care in this country. All of unjustified rate increases: those plans as Harvard Pilgrim drop their Medicare these things would be good to make may be excluded from health care ex- Advantage plans altogether as a result health care more affordable and acces- changes in 2014.’’ sible for more Americans as opposed to Well, let’s be clear about what the of these huge cuts. So actually thou- what we have today. But let’s at least Secretary, on behalf of the President, sands of seniors will see changes in start this process by rejecting the reg- is saying. She is threatening to shut their benefits. They will not have any. ulations that are going to hurt the down private companies for exercising I urge the President and the Secretary grandfathered-in status of a lot of their first amendment right to free to reconsider their use of these tactics these plans. If you take away grand- speech, and she is keeping a list. Some which only serve to further erode the fathered status from a lot of plans, a have called this gangster government government’s credibility with the lot of small business owners are going in the press. As a former newspaper American people and to insult their to be hurt and a lot of people who work man, I am shocked. I am stunned by elected representatives. for small businesses are going to lose my former Governor’s actions. First, it In the United States of America, pri- their health insurance. This is because was the gag order on Humana Insur- vate citizens are not only allowed to the small businesses will not be able to ance for daring to describe the con- disagree with the government, it is a afford to comply with this health care sequences of slashing more than $100 cornerstone of our democracy. So I say bill and the regulations that are associ- billion from Medicare Advantage to the to the Department of Health and ated with it. customers, now this. Human Services and the administra- I urge support of this resolution of This administration says it wants tion, stop the gag orders and the in- disapproval. I appreciate Senator ENZI transparency. Well, transparency is a timidation. To HHS, do not tread on for bringing this resolution of dis- two-way street. It does not mean muz- the first amendment. approval of these regulations forward. I zling dissenting opinions or inconven- I yield the floor. think this resolution is something the ient facts because they are not advan- The PRESIDING OFFICER. The Sen- Senate should support and support in a tageous to the administration. As the ator from Wyoming. bipartisan way. Wall Street Journal opinioned: Mr. ENZI. Mr. President, while I am I yield the floor. ‘‘They’re more subtle than this in Ca- waiting for another speaker to come, I The PRESIDING OFFICER. Who racas, Venezuela.’’ will make some additional comments. yields time? Not only are the actions of the Mr. HARKIN. Mr. President, can I The Senator from Wyoming. Obama administration unconstitu- ask how much time is remaining? Mr. ENZI. Mr. President, I yield up tional, they are also extremely hypo- The PRESIDING OFFICER. There is to 8 minutes to the Senator from Kan- critical in light of their own highly 27 minutes on the Senator’s side and 21 sas. misleading rhetoric. For example, the minutes on the other side. The PRESIDING OFFICER. The Sen- President and Secretary Sebelius have Mr. ENZI. Mr. President, I just wish ator from Kansas is recognized. been touting the recent decision of to get a few things read into the Mr. ROBERTS. Mr. President, I rise health insurer Blue Cross Blue Shield RECORD. I have a list of 54 organiza- in support of Senator ENZI’s resolution in North Carolina to issue rebates to tions that are supporting my resolu- of disapproval and thank him for that. its customers in the individual market tion. They include the Latino Coali- It seems every day a new story comes as a supposed ObamaCare victory. tion, the Chamber of Commerce, the out about the negative consequences of President Obama claimed this vic- Coalition of Affordable Health Cov- the health care reform law, and I can- tory at a recent campaign stop in Vir- erage, the Health Care Leadership not keep up with them. I know people ginia, saying that the insurance com- Council, the National Federation of involved in the health care industry missioners are newly empowered to Independent Business, the National are having a very difficult time also. look after consumers, that we are al- Restaurant Association, the Small Do you remember the campaign ready seeing ObamaCare’s new levels of Business and Entrepreneurship Coun- pledge that health care reform would accountability pay off. cil, to name just a few of the 54.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7684 CONGRESSIONAL RECORD — SENATE September 29, 2010 I ask unanimous consent to have grandfathering rule now. Another a whole bunch of the companies now printed letters of support from the thing I am objecting to is watching tel- are not going to write some of the Chamber of Commerce, the National evision and seeing an old favorite of plans that would do this, and they are Association of Health Underwriters, mine, Andy Griffith, getting paid, at getting out of the business. But all the National Association of Manufac- taxpayer expense, to tell us that this plans will still be prohibited from can- turers, the National Federation of whole deal is excellent. celing coverage because of a paperwork Independent Business, the National Re- You saw the stack of regulations error. Those drive up costs. tail Federation, the Small Business En- over there. They estimate there will be Relief is not in sight until 2014. trepreneurship Council, and the Associ- 100 pages of regulation for each page of I yield the floor and reserve the re- ated Builders and Contractors, all of that bill. There are 2,700 pages in the mainder of my time. which are in support of this and I sus- bill. That means there are going to be EXHIBIT 1 pect will be key voting this particular 270,000 pages of regulations. We do not LIST OF 54 ORGANIZATIONS SUPPORTING S.J. resolution. legislate that way. We try and fill in RES 39 The PRESIDING OFFICER. Without those blanks. You do not even know Aetna; American Council of Engineering objection, it is so ordered. what those blanks are going to hold Companies; American Osteopathic Associa- (See exhibit 1). yet, neither does small business. tion; American Rental Association; Amer- Mr. ENZI. The Chamber of Com- They already know these are things ican Road & Transportation Builders Asso- that are going to drive up cost in the ciation; AMT—The Association For Manu- merce, for instance, says: facturing Technology; Associated Builders The administration released an extremely beginning, with no cost-cutting oppor- and Contractors; Association of Clinical Re- complex regulation that makes it virtually tunity, and then the grandfathering search Organizations; Assurant Health; impossible for plans to maintain grand- rule kicking in right away, which Automotive Recyclers Association; Chamber fathered status, instead subjecting them to means for 3 years, before they even of Commerce; Cigna; Coalition for Affordable many expenses and burdensome new require- know what some of those regulations Health Coverage; Communicating for Amer- ments. In our view, this regulation violates are going to be, they are going to have ica; Furniture Dealers Association; Health Congressional intent, and does not live up to Equity; Healthcare Leadership Council; Inde- the promises of proponents of the new law. to constrain everything in their organization within 15 points, as is pointed pendent Electrical Contractors; Inc; Inter- national Franchise Association; Inter- NFIB, a small part of their letter out, and we can expect the first year’s says: national Foodservice Distributors Associa- increases to be even greater than the 15 tion. If required to comply with the administra- points. International Housewares Association; tion’s interim final rule, millions of small But they will try and stay with that Manufacturers’ Agents Association for the businesses will be forced out of the plans grandfathered plan because it is what Foodservice Industry; National Association they know and like— they can afford and it is what their em- for Printing Leadership; National Associa- Which means their employees lose ployees like. So we are trying to keep tion of Health Underwriters; National Asso- the plans they know and like. people in the insurance they like. It is ciation of Insurance and Financial Advisories; National Association of Manufac- The Associated Builders and Contrac- an employee request. I also noticed one tors say: turers; National Association of Mortgage of the Senators mentioned the Mar- Brokers; National Association for the Self- The grandfathered rule demonstrates a shall Plan that was not liked when it Employed; National Association of Whole- fundamental failure of the Federal Govern- was first passed; and the Civil Rights saler-Distributors; National Club Associa- ment to understand the needs of small busi- tion; National Federation of Independent nesses. With the current unemployment rate Act that was not liked when it was Business; National Office Products Alliance; of 17 percent, the construction industry can- first passed. National Restaurants Association; National not endure another cost increase at the I would like to point out those were Retail Federation; National Roofing Con- hands of the Federal Government. It is un- both very bipartisan acts that were tractors Association; National Tooling and fortunate that the Federal Government con- passed—bipartisan. It was not a par- Machining Association; Northeastern Retail tinues to fail to provide employers and their tisan bill. You would have to notice Lumber Association; NPES The Association employees with health care solutions that that a lot of these people have been for Suppliers of Printing, Publishing and are practical or affordable. mentioning this was all passed by one Converting Technologies; Office Furniture Earlier, there were some mainstays side of the aisle, and there was a lot of Dealers Alliance; Pediatrix. of health care that—I think there was warning before that if you do things in Pharmeceutical Research & Manufacturers an aspersion I was getting rid of with a hurry and you do it just partisan, Association; Plumbing-Heating-Cooling Con- my resolution. I want you to know that that you do not devote the time that is tractors—National Association; Precision if the resolution passes, businesses will Machined Products Association; Precision necessary or put it in a small enough Metalforming Association; Printing Indus- still be prohibited from discriminating package that people can understand it. tries of America; Self-Insurance Institute of against someone with preexisting con- There are vast parts of this that peo- America; Service Station Dealers of Amer- ditions, businesses will still be prohib- ple did not get to read before they ica; Small Business & Entrepreneurship ited from imposing annual limits on passed it. It is particularly noted on Council; Small Business Coalition for Afford- benefits, all plans will still be prohib- the House side. That leads to the kinds able Health Care; Specialty Equipment Mar- ited from imposing lifetime limits on of difficulties we have now. We also ket Association; Textile Care Allied Trades benefits, all plans will still have to turn over to bureaucrats writing the Association; Tire Industry Association; cover kids under the age of 26 on their rules, and this is one of the examples, Turfgrass Producers International; The Latino Coalition. parents’ plan, all plans will still be pro- and we have a chance to overturn that hibited from canceling coverage beat this point. They can go back and re- THE SPIRIT OF ENTERPRISE, cause of a paperwork error. write it again. U.S. CHAMBER OF COMMERCE, All those things will exist when this But, at this point, we can say: No, Washington, DC September 27, 2010. resolution passes, and this resolution enough is enough. You cannot put all TO THE MEMBERS OF THE UNITED STATES needs to pass. All those things that I these things into place. You cannot SENATE: The U.S. Chamber of Commerce, the mentioned, preexisting conditions, an- kick people out of their insurance and world’s largest business federation representing the interests of more than three nual limits, lifetime limits, children let’s see what happens in 2014 when we million businesses and organizations of every under the age of 26, and canceling cov- have all the regulation. So I think we size, sector, and region, urges you to support erage for paperwork errors, all those have put a lot onto businesses that S.J. Res. 39, a resolution of disapproval that cost money. That is why the price is does increase cost. Because we do— would repeal the onerous grandfathering reg- going up at the present time. even when this passes, we will still pro- ulations promulgated pursuant to the Pa- The price is going up at the present hibit discriminating against someone tient Protection and Affordable Care Act. time. This was supposed to be cutting with a preexisting condition, we will The President and many other proponents costs. Help does not arrive until 2014. still prohibit imposing annual limits of the new health care law repeatedly promised, ‘‘if you like the plan you have, you can But small businesses, particularly on benefits, we will still prohibit im- keep it,’’ and the grandfathering provision small businesses, are going to be re- posing lifetime limits on benefits. All was meant to ensure this promise. The stat- quired to meet this grandfathering rule plans will still have to cover kids under ute contained a few short paragraphs speci- now. They cannot afford the the age of 26. Although, I have noticed fying that a plan operating when the bill was

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7685 enacted could continue to operate as before; limits the ability of employers to maintain determined that up to 80 percent of existing new employees and dependents of employees their grandfathered status. Other require- small plans will lose their grandfathered sta- could also be added to the plan. The provi- ments to maintain grandfathered status, tus. Employers are proud to offer their em- sions demonstrate Congress clearly intended such as limits on the increases for fixed- ployees health insurance, and freezing this to preserve maximum flexibility for em- amount cost sharing, are simply out of touch benefit limits employers’ ability to provide ployer plans and those currently in oper- with the individual and small-group insur- quality coverage. ation. ance markets since most employers have lit- Currently, 170 million people receive insur- However, the Administration released an tle control over the plan designs offered in ance from their employers. Under the new extremely complex regulation that makes it the small-group and individual market. law, the health plans covering these employ- virtually impossible for plans to maintain In addition, the current grandfather rules ees were to have grandfathered status and grandfathered status, instead subjecting do not afford protections for individuals and were not to be subjected to the broad insur- them to many expensive and burdensome employers who lose their grandfathered sta- ance market reforms necessary for newer new requirements. Rather than allowing tus through no fault of their own. For exam- plans. This exemption was intended to allow plans to continue operating in the manner ple, if an individual or employer’s health in- employees to keep the coverage they cur- they are accustomed to, the regulation speci- surance carrier pulls out of a state market- rently have and with which they are most fies numerous ways by which such plans place, the only option the consumer has is to comfortable. However, the Interim Final would lose grandfathered status. Thus, many buy a new non-grandfathered policy or cease Rule limits the ability of these plans to existing plans would be forced to change in to be covered altogether. Unfortunately, our make routine modifications that will control order to comply with an array of new man- members report that a number of carriers the rising health care costs crippling many dates. In our view, this regulation violates are vacating many health insurance markets manufacturers. Congressional intent, and does not live up to as a result of PPACA provisions, particularly The rule also removes grandfathered status the promises of proponents of the new law. in the individual and limited benefit plan from those who are fully insured if they Due to the critical importance of this issue markets, and that millions of their clients change issuers. This eliminates the ability of to the business community, the Chamber will be affected. many smaller businesses to negotiate with strongly urges you to support S.J. Res. 39. Our members also report that many large insurers to obtain lower rates. Those that The Chamber may consider votes on, or in health insurance carriers are reorganizing are fully insured should be able to negotiate relation to, this issue in our annual How all of their policy offerings as a means of with competing issuers and maintain grand- They Voted scorecard. streamlining administrative expenses. So fathered status if they change issuers. This Sincerely, while an individual or employer may be of- would allow for a competitive marketplace, R. BRUCE JOSTEN. fered identical benefits through the carrier, keep costs down and create parity for small- their contractual dates may shift and they er businesses that, without a large pool of in- NATIONAL ASSOCIATION may technically be sold a new policy offer- sured to manage costs like most self-insured OF HEALTH UNDERWRITERS, ing. Such administrative simplification plans, use the competition of an open market Arlington, VA, September 28, 2010. moves may inadvertently cause millions to to lower costs. As a result, the current rule Hon. MICHAEL B. ENZI, relinquish their grandfathered status. places small businesses at a significant dis- Ranking Member, Committee on Health, Edu- We are very concerned that a great number advantage. cation, Labor and Pensions, U.S. Senate, of individuals and employers will be left with Ninety-seven percent of NAM members Hart Office Building, Washington, DC. even less choice and flexibility and will be provide health insurance to their employees. DEAR SENATOR ENZI: On behalf of the Na- faced with the difficult choice of paying Manufacturers are proud to provide health tional Association of Health Underwriters more to maintain grandfathered coverage, care to their employees and would like to (NAHU), which represents more than 100,000 shopping for a new (and more expensive) plan continue that benefit. The rule, as it stands, health insurance agents, brokers and em- or possibly dropping it entirely. will decrease competition and create a stag- ployee benefit specialists involved on a daily A workable and sustainable grandfathering nant, uncompetitive and more expensive in- basis in the sale and service of private health protection framework should be aimed at surance market. plans, I am writing to convey our support for achieving a number of important health re- The Senate should disapprove this rule be- your resolution of disapproval (S.J. Res. 39) form objectives: (1) to promote stability dur- cause it will unnecessarily disrupt the cur- to overturn the so-called grandfather rule in ing the transition to full health care reform rent employer-based system, which provides the Patient Protection and Affordable Care by ensuring that Americans have a choice of coverage to millions of Americans. As manu- Act (PPACA). keeping their current coverages; (2) to allow facturers face tremendous uncertainty in As you know, throughout the legislative individuals to better control their health these challenging economic times, Congress debate on health system reform, President care costs; (3) to preserve affordable cov- should not allow a federal agency to issue Obama and congressional leaders repeatedly erage options and limit disruption of cov- regulations that harm manufacturers’ abil- stated that ‘‘if you like the coverage you erage for currently insured individuals; and ity to create and retain jobs. have, you can keep it.’’ Unfortunately, the (4) to lessen the potential for regulatory un- On behalf of manufacturers, we urge your proposed interim final rule (IFR) on certainty. support for S.J. RES.39 and look forward to grandfathering issued this past June follows Unfortunately, the current grandfather working with you on our shared goals for a a rigid path in defining the requirements for rules fall short of these objectives on a num- strong economy and job creation. ‘‘keeping what you have,’’ which our profes- ber of levels. As such, we very much support Sincerely, sional benefit specialist members conclude your resolution of disapproval of the current JOE TRAUGER, will have a negative impact on employers grandfather rules, and hope that Congress Vice President, large and small, their employees and their and the Administration can work together Human Resources Policy. families. The complex and inflexible require- toward a more sensible and sustainable pol- ments could ultimately undermine the abil- icy moving forward. SEPTEMBER 28, 2010. ity of employers to continue to provide ex- Sincerely, Hon. MIKE ENZI, isting health coverage for their employees. JANET TRAUTWEIN, Russell Senate Office Building, The current grandfather IFR has not pro- Executive Vice President and CEO. Washington, DC. vided adequate guidance on various scenarios DEAR SENATOR ENZI: On behalf of the Na- employers and consumers may encounter NATIONAL ASSOCIATION tional Federation of Independent Business and, as such, there are many questions about OF MANUFACTURERS, (NFIB), the nation’s leading small business the allowable changes that may be made to Washington, DC, September 23, 2010. advocacy organization, I am writing in sup- employer plans and the risk of losing grand- Hon. MICHAEL ENZI, port of S.J. Res 39, the Enzi disapproval reso- fathered status. Once grandfathered status is Ranking Member, Committee on Health, Edu- lution regarding the Interim Final Rule on lost, employers will be forced to follow a cation, Labor and Pensions, U.S. Senate, grandfathered plans under the Patient Pro- number of expensive new insurance rules, Washington, DC. tection and Affordable Care Act (PPACA). which will increase costs for employers and DEAR RANKING MEMBER ENZI: The National The vote in support of the motion to proceed employees, threatening the coverage Ameri- Association of Manufacturers (NAM)—the to S.J. Res 39 will be considered an NFIB cans currently have. nation’s largest industrial trade associa- Key Vote for the 111th Congress. The Departments of Treasury, Labor and tion—urges you to support S.J. RES. 39, a NFIB believes the Administration has Health and Human Services own estimates ‘‘resolution of disapproval’’ to prevent im- overstepped its legal authority under PPACA indicate that the complex and restrictive plementation of the Interim Final Rule de- in writing regulations that go beyond the IFR regime would effectively make fining grandfathered health plans under the legislative authority embedded in the stat- grandfathering temporary: More than half of Patient Protection and Affordable Care Act. ute. A strict reading of Section 1251 in the all employers, and two-thirds of all small The grandfather rule, as currently drafted, Act clearly outlines what defines a grand- employers, will relinquish their grand- does not meet the standard on which the fathered plan. However, through its Interim fathered health plans by the end of 2013. push for reform was predicated—insure the Final Rule the government inappropriately Barring employers from changing insur- uninsured and allow those with coverage to reinterprets the intent of Congress by nar- ance carriers or increasing cost sharing per- keep an existing plan. The Department of rowing the scope of how plans qualify to re- centages of any level, for example, severely Health and Human Services’ own analysis tain grandfathered status.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7686 CONGRESSIONAL RECORD — SENATE September 29, 2010 The Interim Final Rule appears to be based and necessary. Provider networks require your leadership, and will do what it takes to on an assumption that coverage choices regular maintenance to allow for retire- see that S.J. Res. 39 advances into law. should be narrowed in the run up to 2014. ments, addition of new providers and to Sincerely, Nothing in the statutory language of the maintain network quality. Reasonable KAREN KERRIGAN, PPACA supports this assumption. In fact, in- changes that do not compromise ongoing President & CEO. terpreting the PPACA so that it narrows the treatment should be allowed. range of coverage choices is inconsistent 3. Provide greater flexibility to manage fu- ASSOCIATED BUILDERS with the spirit of the Act, as well as the let- ture medical inflation. Changes in fixed dol- AND CONTRACTORS, INC., ter of the law. lar cost sharing should be made on a year-to- Arlington, VA, September 28, 2010. If Congress is unable to overturn the In- year basis rather than be based on March 23, Hon. MIKE ENZI, terim Final Rule, NFIB remains deeply con- 2010 and percentage increases from that. United States Senate. cerned that the new regulations will most We strongly concur with your view that a DEAR SENATOR ENZI: On behalf of Associ- heavily impact small, rather than large busi- formal resolution of congressional dis- ated Builders and Contractors (ABC), a na- nesses. As written, the Interim Final Rule is approval is the appropriate next step under tional association with 77 chapters rep- so restrictive that the rule provides small existing law. We urge its prompt adoption. resenting 25,000 merit shop construction and businesses with little to no flexibility to Again, NRF commends you for introducing construction-related firms with 2 million keep their plan. this legislation. employees, we are writing to express our The precedent set forth by this Interim Sincerely, strong support for S.J. Res. 39, which would Final Rule is especially detrimental for the STEVE PFISTER, overturn the recently issued rule relating to men and women who currently have cov- Senior Vice President, Government Relations. status as a grandfathered health plan under erage through small businesses. Millions of the Patient Protection and Affordable Care SMALL BUSINESS & Americans rely on small business plans for Act (PPACA). their health coverage, and must continue to ENTREPRENEURSHIP COUNCIL, Throughout the health care reform debate, rely on those plans until at least 2014 when Oakton, VA, September 23, 2010. ABC advocated for policies that reduce the new purchasing options become available. Hon. MIKE ENZI, cost of health care for employers and their However, if the Interim Final Rule is not Ranking Member, Health, Education, Labor and employees. ABC called on Congress to ad- overturned, the government’s own analysis Pensions Committee, Senate Russell Office vance commonsense proposals that would ad- confirms what many small businesses fear Building, Washington, DC. dress the skyrocketing costs of health insur- DEAR SENATOR ENZI: On behalf of the Small most—that upwards of 80 percent of small ance, especially for employer-sponsored Business & Entrepreneurship Council (SBE employers could lose the plan they have plans, and the rapidly rising number of unin- Council), I am writing to applaud you for in- today by 2013. sured Americans. ABC believes true reform troducing a Resolution of Disapproval (S.J. NFIB strongly supports the Enzi resolution should provide greater choice and afford- Res. 39) relating to the rule on ‘‘grand- of disapproval. As the 111th Congress comes ability and allow private insurers to compete to a close, Congress must restore the true fathered plans’’ issued by the U.S. Depart- ment of Health and Human Services (HHS). for business. meaning of ‘‘if you like what you have Unfortunately, the new health care law today, you can keep it.’’ If required to com- The rule, as written, is in clear violation of President Obama’s promise that Americans will do nothing to reduce the cost curve; in- ply with the Administration’s Interim Final stead it simply will enroll more Americans Rule, millions of small businesses will be would be able to keep the health plans they currently have upon passage of the Patient into a broken and unsustainable health care forced out of the plans they know and like. system. Specifically, the recently issued Thank you for your hard work on behalf of Protection and Affordable Care Act (PPACA). In addition, we believe that HHS grandfather rule will increase, rather than small business, and NFIB looks forward to decrease, costs for small businesses. working with you to address this critical has taken creative license in its interpreta- tion of PPACA, bringing an ideological bent On June 17, the Departments of Health and issue. that is not supported by the statutory lan- Human Services, Labor and Treasury issued Sincerely, guage. an interim final rule relating to a plan’s sta- USAN ECKERLY, S SBE Council strongly supports your Reso- tus as a ‘‘grandfathered health plan’’ under Senior Vice President, Public Policy. lution. Without its successful passage most PPACA. As part of the Small Business Coali- small business owners and their employees tion for Affordable HealthCare, ABC and sev- SEPTEMBER 27, 2010. will lose the health coverage they currently eral other organizations filed comments ex- Hon. MIKE ENZI, enjoy. pressing concern that the grandfather rule is Russell Senate Office Building, Small business owners and the self-em- overly restrictive and could make it even Washington, DC. ployed were promised by President Obama more likely that small businesses will DEAR SENATOR ENZI: I write to lend the and supporters of PPACA that they could choose to drop their plans prior to 2014 as support of the National Retail Federation keep the plans they currently have under the they are faced with unsustainable premium (NRF) to the resolution of congressional dis- legislation. However, this promise has increases. Instead of lowering the number of approval (S.J. Res. 39) you have recently in- turned out to be false and small business uninsured Americans, the rule could actually troduced to block the ‘‘grandfathered plan’’ owners feel betrayed by what transpired dur- increase the number of uninsured before the regulations. We strongly support and endorse ing the rule-making process, as well as what health care law is fully enacted. your effort and urge that the resolution be is occurring in the insurance marketplace. In The coalition also pointed out that neither promptly adopted. order to qualify for grandfathered status, PPACA nor the grandfather rule address the We are also concerned that regulators have small business owners must stay with their core problem facing small businesses: the taken too narrow a view of the grand- current carrier and not significantly alter rising costs of health care. Instead, the rule fathered plan regulation. NRF’s formal com- their current health plan or coverage. If strips small employers of the ability to exer- ments (submitted on August 16, 2010) noted their current carrier significantly raises cise flexibility in adjusting to cost increases in part that: ‘‘[o]ur concern is that the [in- their premiums, small business owners can- in order to maintain their current plan. terim final regulation’s] rigid, trip-wire not shop around for more affordable plans or The grandfather rule demonstrates a fun- rules make it entirely too possible (if not they will risk losing grandfathered status. damental failure of the federal government probable) that a plan that elects grand- The alternative is to move to another carrier to understand the needs of small businesses. fathered plan status will not be able to main- and face more costly coverage mandated by With a current unemployment rate of 17 per- tain that status for long. Many plans may the new health care law. In sum, small busi- cent, the construction industry cannot en- not even bother to elect grandfathered plan ness owners are rendered helpless by this dure another cost increase at the hands of status.’’ Our letter recommended several spe- catch-22 rule. the federal government. It is unfortunate cific steps to improve the grandfathered plan Rather than helping small business owners that the federal government continues to fail regulation: and their workforce keep their plans, it ap- to provide employers and their employees 1. Allow employers to change insurance pears the rule has been rigged to force most with health care solutions that are practical carriers without losing grandfathered status small businesses and their employees out of or affordable. provided that: The coverage is actuarially grandfathered status. We are aware that Once again, ABC strongly supports S.J. equivalent or better, and that provider net- HHS estimates, worst case, 80 percent of Res. 39 and we commend you for introducing works are substantially equivalent; prohib- small business owners will lose their current a resolution that is intended to reduce iting a change in carriers will needlessly in- health plans. SBE Council believes 80 percent health care costs for a struggling sector of hibit competition bases on price and quality is the likely scenario, if not a conservative our economy: small businesses. We look for- of service. figure. ward to working with you in the future on 2. Allow for improvements in prescription The consequence of the rule is obvious— commonsense health care initiatives. drug formularies and provider networks more small business owners will drop cov- Sincerely, without jeopardizing grandfathered plan sta- erage. Hiring will remain weak and jobs will BREWSTER B. BEVIS, tus. New drugs come onto the market with be lost. This was not the promised outcome Senior Director, Legislative Affairs great regularity and medical practice of PPACA. changes quickly. Formulary changes in the Senator Enzi, SBE Council shares your de- The PRESIDING OFFICER. The Sen- interest of plan beneficiaries are appropriate sire to overturn this unjust rule. We applaud ator from Iowa.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7687 Mr. HARKIN. Mr. President, I yield Wyoming prevails in what he is seeking father it in, but the insurance compa- myself such time as I may consume. to do this morning, it is my under- nies can change it however they want, I have to say to my friend from Wyo- standing that almost half the people in and you are stuck with it. ming: Where did that come from—100 America who currently have health in- Mr. DURBIN. So if the Senator from pages of regulations for every page surance through their employers, peo- Wyoming prevails and I am one of the that is in the bill? That is going to be ple who are so-called grandfathered in grandfathered plans—in other words, I 200,000 pages of regulations. Where did under this bill, would not get the new have my health insurance plan that I that come from? It sounds like it came protections that are coming in the law, like through my employer—my health from the health insurance industry to protections that say that under their insurance company on my grand- me. Boy, I tell you, that is quite a fig- health insurance, they will not be sub- fathered plan can literally cut me off ure. Well, obviously, it is a bogus num- ject to a lifetime limit. For example, if when I need health insurance the most, ber, and I do not know where that fig- someone gets into long-term cancer can literally put a limit on the amount ure came from. I would like to ask my therapy that is going to be very expen- they are going to pay on an annual friend where that did come from. sive over a long period and the insur- basis? But I say to my friend from Wyo- ance company decides halfway through Mr. HARKIN. That is right. ming, the Senator just said there is no they will cut them off, we now protect Mr. DURBIN. Can really take away help—I wrote it down here as fast as I people so that they can continue to get my health insurance protection. could—no help for small businesses the care they need. They can’t be lim- I ask the Senator from Iowa, hasn’t until 2014. ited. he heard, as I have from people in my Wait a minute. Wait a minute. In the Isn’t it also true that the effort of State, how vulnerable they are when Affordable Care Act, we attached—in the Senator from Wyoming would pro- you empower health insurance compa- the tax bill that Senator BAUCUS got tect the right of the insurance companies to bail out when you need them through the Finance Committee, small nies to literally cancel one’s policy be- the most? If we voted with the Senator businesses, beginning this year, 2010, cause of an error made in the applica- from Wyoming, we would empower the will receive a tax credit—a tax credit, tion for the policy, to rescind the pol- health insurance companies at the ex- not deduction, a tax credit—of up to 35 icy? pense of vulnerable people who may percent of the cost of an employee’s I might add, it is my understanding face an accident or a diagnosis tomor- health insurance. that this rescission is abused in my row that changes their lives. Isn’t that So you have a small business, prior State more than any other in the Na- what this gets down to in its most to this year, that did not get a tax tion. The rescission rate on health in- basic form? Do we want to give power credit, I say to my friend from Wyo- surance in Illinois is three times the to the people who are insured or power ming. I mean, the Republicans ran this national average. We have had over to the health insurance companies? As place for 8 years under George Bush—8 5,000 people who have had their health I understand the Senator from Wyo- years. They had a Republican Presi- insurance canceled. When they went to dent, Republican Senate, Republican ming, he thinks the health insurance the company and said: I am facing sur- House. They did not give small busi- companies should have the power and gery, I am facing cancer therapy, and I nesses any tax breaks for health insur- we should not be providing protection need coverage and want to make sure I ance. We did. It is in the bill, a 35-per- to the people who need it most. have it, they ended up getting their cent tax credit this year for small busi- Mr. HARKIN. That is the way I see policies canceled. nesses. That would cover 83.7 percent of it. It just seems that we have rules and I ask the Senator, would the effort by all small businesses in the country. regulations. What the Department has the Senator from Wyoming take away That is quite a bit of help for small said is that, OK, to be a grandfathered these protections we are now building business. plan, you have to fall under these into the law to make sure health insur- I have heard from small businesses in items: You can only raise your copay- my State that can get that tax credit ance is there when people need it the ment a certain amount. By the way, it this year that they have never had be- most? is quite a bit. You can raise your co- Mr. HARKIN. Mr. President, we have fore. A lot of these small businesses are payment either the greater of 5 bucks two things here. We have the Patients’ small businesses that employ just a few or medical inflation plus 15 percent. Bill of Rights which just went into ef- people—10, 12. They know their em- That is pretty good. It says you can fect. That covers everybody. That cov- ployees. They go to the same churches, change different things but within cer- ers all plans. That covers grand- schools. They are neighbors. I can’t tell tain limits. They can’t, for example, fathered plans. They can’t escape that. my colleagues how many small busi- raise your coinsurance charges—that ness owners in Iowa have told me: I feel However, if a plan wanted to be grand- is, if you have a percentage. For exam- so bad. Because of the increasing costs fathered, we left it up to the Depart- ple, if it is 20/80, they can’t just raise of health insurance, whether they are ment to write rules and regulations as that. It has to stay the same percent- increased copays or deductibles, cut- to what grandfathered means. For ex- age. They could raise the copayment if ting out benefits, I have had to in- ample, let’s say the Senator from Illi- it is a dollar amount. crease the cost of health insurance to nois and I have a contract. We both That is why the Senator from Illinois my employees to the point that it is al- have agreed to it. We say we are going is so right. If this resolution passes, all most not worth it anymore because of to let that contract go into the future. of the protections for consumers are high deductibles. After a certain date, you are grand- wiped out. They feel badly about it because fathered in that contract. Mr. ENZI. Will the Senator yield for these are their friends, neighbors. They What the Senator from Wyoming a question? are related a lot of times. I have had would say is that if you are the insur- Mr. HARKIN. On whose time? them come to me and say: Finally, this ance company and I am the individual Mr. ENZI. I am about out of time. year I can get a tax credit, up to 35 per- covered, we will grandfather it, but you Mr. HARKIN. How much time recent. can change it any way you want. You mains? Quite frankly, in my State, 90.8 per- can raise my copay. You can raise my The PRESIDING OFFICER. The Sen- cent of small businesses will get the deductible. You can reduce the annual ator from Iowa has 17 minutes, and the maximum 35 percent tax credit. Small limit on claims you will pay. You can Senator from Wyoming has 131⁄2 min- businesses don’t have to wait until 2014 eliminate benefits, such as the Senator utes remaining. to get help; they are getting that help just pointed out, for cancer or diabetes. Mr. HARKIN. Mr. President, I will be right now. And guess what. You would still be glad to yield time if he will yield me Mr. DURBIN. Will the Senator yield considered grandfathered. But I am time if I have a question. for a question? stuck with that. That is what is so im- Mr. ENZI. Certainly. Mr. HARKIN. I am delighted to yield portant here. That is what people have The Senator from Iowa is not answer- to my friend from Illinois. to understand about what the Senator ing the same question the Senator Mr. DURBIN. I would like to ask the from Wyoming is trying to do. He is from Illinois is asking. I did say that Senator from Iowa, if the Senator from saying that basically we will grand- when the resolution passes, they would

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7688 CONGRESSIONAL RECORD — SENATE September 29, 2010 not be able to discriminate on pre- with that? Why should that be a grand- small business owners’ biggest concerns: con- existing, they would not be able to im- fathered plan? trolling costs and the elimination of pre- pose annual limits. They will not be A grandfathered plan means a plan existing condition rules. While we believe the regulations make sense, they aren’t set imposing lifetime limits. They will that was in existence before April of in stone; HHS is open to making additional have to keep people until age 26, and this year that you like but which is not changes based on small business input. they will not be able to cancel it for changed dramatically on you by your Small Business Majority continues to sup- paperwork error. I think that is the insurer. So if you have a grandfathered port healthcare reform. Small businesses are question the Senator from Illinois was plan, you are fine. What the Depart- the lifeblood of our nation’s economy and asking, not the copays and those ment did is that they issued regula- shouldn’t be denied the benefits reform pro- things. tions to define what that is. Quite vides, which is why we urge you to vote Mr. HARKIN. I did respond that the frankly, I thought they were very le- against this counterproductive resolution. Sincerely, bill of rights applies to all plans. nient. For crying out loud, they can JOHN ARENSMEYER, Mr. ENZI. All plans, even if the raise your copayment by the greater of Founder & CEO. grandfathering clause is taken out? $5 or medical inflation plus 15 percent. Mr. HARKIN. Absolutely. I made Fifteen percent of medical inflation [From Off the Charts, Center on Budget and that very clear. The bill of rights that sounds like a lot to me. That is quite Policy Priorities, Sept. 29, 2010] came into effect stays for everything. lenient. ENZI PROPOSAL WOULD THREATEN MARKET But what I am saying is that the Sen- Again, my friend had a lot of letters REFORMS IN AFFORDABLE CARE ACT ator is right, and I responded that way he included for the RECORD. I would The Senate is expected to vote today on a concerning the bill of rights. But what like to insert letters in opposition from proposal from Senator Mike Enzi (R–WY) to overturn federal regulations related to some doesn’t apply to grandfathered plans the Small Business Majority, from the are preventive services that are cov- of the Affordable Care Act’s key health in- Center for Budget and Policy Prior- surance market reforms that took effect last ered with no cost. That is not covered. ities. Here is a letter signed by the week. The right to an appeal to a third party American Cancer Society Cancer Ac- The regulations define ‘‘grandfathered is not covered. Restrictions on annual tion Network, the American Diabetes plans.’’ Here’s why this definition matters. limits is not applied. They can put an- Association, the American Heart Asso- Among other things, the new health reform nual limits on coverage under these ciation, Families USA, the National law would require health plans to cover preventive care without cost-sharing, undergo grandfathered plans. Direct access to Partnership for Women and Families, OB/GYNs without a referral is not part reviews to see if their premium rate in- National Women’s Law Center, SCIU, creases are unreasonable, and offer enrollees of the Patients’ Bill of Rights. No high- and U.S. PIRG. I also have letters from the choice of their primary care provider. er cost sharing for out-of-network Health Care for America Now, Service But plans that existed when the law was en- emergency services, no prior authoriza- Employees International Union, the acted on March 23, 2010—known as ‘‘grand- tion requirement for emergency care— AARP, and Trust for America’s Health. fathered’’ plans—aren’t required to comply none of that is in the bill of rights. So I ask unanimous consent to have these with these reforms. all of that is wiped out by the resolu- The regulations define how much a grand- letters printed in the RECORD. fathered plan can change before it is consid- tion of the Senator from Wyoming. All are in opposition to the Enzi reso- Again, for emphasis, you have a con- ered a new plan that must abide by these lution. new reforms and consumer protections. As tract. You work for an employer. They There being no objection, the mate- we explained in a recent fact sheet, they have a plan. You are part of that plan. rial was ordered to be printed in the strike a good balance for consumers, allow- If you like that plan, you can stay with RECORD, as follows: ing people to keep the plans they have while it. My friend from Wyoming said: Only ensuring that consumer protections kick in SMALL BUSINESS MAJORITY, if an insurance company reduces a plan’s in Washington, DC, could they say, if Sausalito, CA, September 28, 2010. benefits or raises consumers’ out-of-pocket you like your plan, you can stay with Hon. TOM HARKIN, costs significantly. it, and then they change it. No. Only in Chair, Senate Committee on Health, Education, Repealing the regulations, as Senator Enzi Labor and Pensions, Senate Dirksen Office the health insurance industry, perhaps is proposing, would confuse consumers, em- Bldg., Washington, DC. in the Republican philosophy, would ployers, and insurers about which plans are Hon. MIKE ENZI, you say that you can grandfather a grandfathered and which plans have to com- Senate Russell Office Bldg., plan, but you the consumer are stuck if ply with market reforms. As a result, it Washington, DC. the insurer wants to change it any way would threaten the implementation of the DEAR SENATORS: Small Business Majority immediate market reforms, thus making the he wants to change it, with the excep- strongly opposes S.J. Res. 39—a resolution of insurance market less stable and would like- tion of the bill of rights. They could disapproval that would prevent implementa- ly leave many consumers without access to raise your copayment, they could take tion of the grandfathering regulations under critical protections the Affordable Care Act the Patient Protection and Affordable Care away your right of access to an OB/ provides. GYN without referral, and all the other Act. This unnecessary resolution would im- In short, the Enzi proposal—which would things I mentioned. pede the orderly and responsible implemen- require just 51 votes to pass—would be a sig- If your insurer dramatically raises tation of comprehensive reform—which nificant step backward. your copayment, that is not what you would deny small businesses and their employees the protections reform provides, and signed up for. That was not the plan SEPTEMBER 29, 2010. make it more difficult for them to access af- DEAR SENATOR: The undersigned organiza- you signed up for. If your insurer dra- fordable care. tions write to you to express opposition to matically raises your deductible, that The passage of healthcare reform was a Senate Joint Resolution 39, Disapproval of is not what you signed up for. If your huge victory for small businesses, many of Grandfathered Health Plans, filed by Senator insurer reduces the annual limit on whom are being crushed under high Mike Enzi. The resolution would block key claims they will pay, that is not what healthcare costs and were looking to reform insurance reforms included in the Affordable you signed up for. If your insurer elimi- to give them some relief. However, there are Care Act that protect consumers and ensure nates covered benefits, such as cancer small businesses that like their existing high quality, affordable care. plans and want to keep them. The legislation or diabetes, that is not what you signed Specifically, the resolution would elimi- allows them to do so. But these plans must nate an interim final rule issued by the De- up for. continue to resemble their current form and partments of Health and Human Services, We are saying: You have a plan here. also must work in the context of overall re- Labor and Treasury in June that clarified You signed up for it. You like it. You form. important consumer protections. Many pro- can keep it. The regulations issued by Health and visions in the Affordable Care Act apply to But what if your insurer comes along Human Services on June 15 strike the right all plans, new and existing. However, some and says: Guess what. We are not going balance. They require that the existing plans provisions only apply to new plans. The rule to cover it if you get diabetes, and we don’t increase costs more than 15% above outlines how health insurance plans could are going to put an annual limit on medical inflation and that they don’t disturb maintain or lose their ‘‘grandfathered’’ sta- reforms that will be put in place in 2014— tus. claims we will pay, and we are going to such as prohibiting insurance companies The rule, issued by the Administration, raise your deductible by a huge from denying coverage due to preexisting strikes the right balance between protecting amount. Is that the plan you signed up conditions. We found from extensive opinion consumers and providing stability and flexi- for? No. So why should you be stuck polling that these requirements address bility for employers. Specifically, the rule

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7689 prohibits plans from significantly cutting or try that lost the battle but is still gunning protections and important insurance reforms reducing benefits, increasing copays by an to win the war against consumers on health that safeguard individuals from practices excessive amount, dramatically raising reform. that lead to denials of coverage or to under- deductibles or decreasing employer contribu- On September 23, people all around the insurance in the event of serious illness or tions that result in an increase in workers’ country celebrated the arrival of key con- accident. share of premiums. If plans significantly sumer protections. Advocates hosted hun- ‘‘As I stated in AARP’s letter regarding raise out-of-pocket costs for consumers, they dreds of events nationwide, including 87 the Interim Final Rule (IFR) to implement lose their ‘‘grandfathered’’ status and would sponsored by Health Care for America Now the grandfather status rules, ‘AARP supports be considered a new plan, subject to further and the Main Street Alliance. This spiteful the general thrust of the IFR that plans not requirements in the law. Senator Enzi’s reso- resolution threatens to rip away those hard- lose their grandfather status for changes lution would completely eliminate the rule, won consumer benefits. We urge Senators to that are modest in nature. This is consistent making it impossible to enforce important vote no on the motion to proceed and no on with the need to balance the objectives in consumer protections against potential in- the resolution. the ACA of preserving the right of individ- surance company abuses. If enacted, the res- Sincerely, uals to keep their existing coverage with the olution would put consumers’ rights in jeop- ETHAN ROME, goal of ensuring access to affordable essen- ardy. Executive Director. tial coverage and improving the quality of We strongly urge you to stand up for that coverage.’ AARP agrees with the IFR’s American families and vote ‘‘no’’ on SJ Res- SERVICE EMPLOYEES determination of what would cause plans to olution 39. INTERNATIONAL UNION. lose their grandfather status (e.g., cannot Sincerely, On behalf of the more than 2.2 million significantly cut or reduce benefits, cannot American Cancer Society Cancer Action members of the Service Employees Inter- significantly raise co-payment charges, can- Network. national Union (SEIU), I urge your boss to not significantly lower employer contribu- American Diabetes Association. oppose S.J. Res. 39 filed by Senator ENZI. tions) as important consumer protections American Heart Association. This resolution of disapproval would strike and consistent with the statute. Families USA. the interim final rule submitted by the De- ‘‘As a result, AARP urges Senators to op- National Partnership for Women and Fam- partments of Health and Human Services, pose this resolution to ensure critical new ilies. Labor and Treasury on the grandfathered protections and rules remain in place so that National Women’s Law Center. health plans under the Affordable Care Act the vast majority of Americans who get SEIU. (ACA). U.S. PIRG. their health insurance through employers Many of the new protections under the will have clear guidelines on how their plans ACA apply to all health plans, both those in comply with the new law.’’ HEALTH CARE existence known as grandfathered plans and FOR AMERICA NOW!, AARP is a nonprofit, nonpartisan social new health plans or non-grandfathered plans. welfare organization with a membership that Washington, DC, September 28, 2010. Those provisions covering all health plans DEAR SENATOR: On behalf of Health Care helps people 50+ have independence, choice include a prohibition of rescissions, a ban on and control in ways that are beneficial and for America Now, we urge you to oppose the annual lifetime coverage limits, coverage of Joint Resolution of Disapproval of the affordable to them and society as a whole. children until age 26, and an end to exclusion AARP does not endorse candidates for public ‘‘grandfathering rules’’ filed by Senator of children based on pre-existing conditions. ENZI. We understand this could come up for office or make contributions to either polit- There are certain provisions that do not ical campaigns or candidates. We produce a vote as early as Wednesday, September 29. apply to grandfathered plans, including the The Enzi resolution would nullify the in- AARP The Magazine, the definitive voice for requirement to provide preventive health 50+ Americans and the world’s largest-cir- terim final rule defining grandfathered services with no cost sharing and the new in- plans. In striking the rule, Senator Enzi’s culation magazine with over 35.1 million ternal appeals and external review process. readers; AARP Bulletin, the go-to news resolution potentially allows any health plan Senator Enzi’s resolution seeks to dis- to be grandfathered—shielding plans indefi- source for AARP’s millions of members and approve the interim final rule which states Americans 50+; AARP VIVA, the only bilin- nitely from complying with important new that health plans would cease to be the same consumer protections that benefit millions gual U.S. publication dedicated exclusively plan that was in effect on March 23, 2010 and to the 50+ Hispanic community; and our of Americans. therefore no longer maintain grandfathered Like the Affordable Care Act (ACA) itself, website, AARP.org. AARP Foundation is an status if they significantly cut benefits, the interim final rule issued by the Depart- affiliated charity that provides security, pro- raise deductibles or co-pays or lower em- ments of HHS, Labor and Treasury sought to tection, and empowerment to older persons ployer contributions. in need with support from thousands of vol- strike a balance that allows consumers to This resolution would give insurance com- keep current plans they like, while also en- unteers, donors, and sponsors. We have panies free reign to change the structure of staffed offices in all 50 states, the District of suring that plans evolve to incorporate new a health plan such as increasing co-pays and consumer protections. To do this, the rule Columbia, Puerto Rico, and the U.S. Virgin deductibles and not be required to provide Islands. laid out the circumstances under which a stronger consumer protections/benefits en- health plan loses grandfathered status, and acted under health care reform designed to therefore must comply with certain new con- TRUST FOR AMERICA’S HEALTH, increase access and affordability. In short, Washington, DC, September 29, 2010. sumer protections. Factors that result in a S.J. Res 39 is a blatant attempt to erode the plan losing grandfathered status include sig- U.S. SENATE, protections provided to consumers under Washington, DC. nificant benefit cuts, cost-sharing hikes, health care reform. DEAR SENATOR: The Trust for America’s lower employer contributions, a new or SEIU strongly urges you to oppose S.J. Health urges you to oppose S.J.Res 39, a res- tightened annual limit, or switching insur- Res. 39. SEIU will add votes related to this olution of disapproval of the interim final ance carriers. issue to our Congressional Score Card lo- rule that stipulates what actions health The Enzi resolution wipes away the rules cated on our Web site at www.seiu.org. plans are precluded from taking if they wish that define grandfathered plans, potentially Should you have any questions or concerns, to be considered a ‘‘grandfathered’’ health allowing any plan to assert its permanent contact Desiree Hoffman, Assistant Director plan under the Patient Protection and Af- non-compliance with consumer protections. of Legislation, at desiree.hoffmanaseiu.org. This would invalidate many benefits of the fordable Care Act (ACA). ACA for people that currently have insur- Among the many benefits of this critical SEPTEMBER 29, 2010. ance and indefinitely lock them into plans law enacted earlier this year is the renewed that fail to meet basic consumer protections. AARP: SENATE RESOLUTION WOULD WEAKEN focus of the law on the importance of preven- Though claiming to help small business, the NEW HEALTH INSURANCE PATIENT PROTEC- tion. As a result of ACA, patients and con- resolution will plunge many small business TIONS sumers who enroll in new health insurance health plans into a maze of litigation. This ASSOCIATION URGES SENATORS TO OPPOSE S.J. plans will have access to recommended pre- resolution is a transparent attempt to gut RES. 39. ventive clinical services for little to no cost. some of the most important provisions of in- WASHINGTON.—AARP Legislative Director This represents a tremendous opportunity to surance reform. David Certner released a statement in ad- encourage Americans to seek out and receive Consumers lose under the Enzi resolution. vance of today’s expected vote on S.J. Res. recommended preventive services, which will Plans would not have to cover preventive 39, a Senate resolution of disapproval that have a real impact on improving health out- services at no cost. The right to internal and would weaken the patient protections put in comes. Furthermore, guaranteed coverage of external appeals could be stripped. A trip to place under the health care law. Certner’s preventive services is a critical component the emergency room could again require statement follows: of establishing a national culture of preven- prior authorization and result in enormous ‘‘The rules created earlier this year strike tion and wellness. out-of-network costs. These protections are a good balance between preserving the rights While we hope that one day all Americans so basic, popular and bipartisan that there of individuals to keep their existing cov- will be guaranteed this access, a certain cat- can be no explanation for this resolution erage, while also honoring the purpose of the egory of ‘‘grandfathered’’ health plans are other than pandering to an insurance indus- Affordable Care Act in providing for patient exempt from this requirement. As released

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7690 CONGRESSIONAL RECORD — SENATE September 29, 2010 in June, the rule requires that health plans for grandfathered status? Is that a cor- insurance for their employees. That not make significant changes to plan bene- rect statement? employer sees health care costs go fits, premiums, or cost-sharing requirements Mr. ENZI. That is not only a correct up,—as everybody knows, and that is should they wish to maintain their ‘‘grand- statement, the estimate is a little low, every objective estimate—so that em- fathered’’ status. according to the administration. Enactment of this resolution would block ployer says to its 10, 50, 60, whatever, the Department of Health and Human Serv- Mr. MCCAIN. According to the ad- employees: Look, we are going to have ices from implementing this rule and effec- ministration. to increase your copay. We are going to tively permit any existing health plan to Mr. ENZI. According to the adminis- have to increase your copay because, avoid the important affordability and benefit tration, in small businesses, 80 percent simply, the costs are prohibitive, and protections created under health reform, in- of the people—unless this is passed— we would like to sit down, and I think cluding coverage of preventive health serv- will lose the insurance they have and you would probably agree to it given ices. like, and in all businesses 69 percent the overall situation across health Once again, we urge you to vote against will. Those are not my numbers; those care. And the employees agree with this resolution to ensure that ‘‘grand- are the administration’s numbers. fathered’’ status does not become a route to that and they change the copay, and Mr. MCCAIN. But isn’t it also true curtailing the important prevention compo- then automatically they are finished. nents of health insurance reform. We hope that is the case for small business and Is that correct? you will stand on the side of ensuring that people and entrepreneurs all over Mr. ENZI. Yes, that is correct. That patients have access to clinical preventive America except the unions? Isn’t that is correct. If they change the copay, services and other important insurance re- true? Isn’t this a carve-out again, part they are no longer grandfathered. forms contained within ACA. of this sleaze that went into putting Mr. MCCAIN. So even though it is ob- Sincerely, this bill together, part of the vious that the cost of health care is JEFFREY LEVI, ‘‘Cornhusker kickback,’’ the ‘‘Lou- going up, continues up dramatically— Executive Director. isiana purchase,’’ the buying of that is estimates of OMB, of literally I yield the floor and reserve the re- PhRMA—all that went into this—the every objective observer; the curve has mainder of my time. ‘‘negotiations’’ that were going to take not been bent down—that unless em- The PRESIDING OFFICER. The Sen- place on C–SPAN that the President ployers keep exactly, with very little ator from Wyoming is recognized. said during the Presidential campaign wiggle room, basically the same health Mr. ENZI. Mr. President, I yield up that went from one sweetheart deal cut insurance policy for their employees, to 10 minutes to the Senator from Ari- to another. Part of one of those sweet- then they will then have to comply zona, Mr. MCCAIN. heart deals was the unions are exempt; with a government-mandated health The PRESIDING OFFICER. The Sen- is that correct? insurance policy. Is that correct? ator from Arizona is recognized. Mr. ENZI. That is correct. And so Mr. ENZI. That is correct. The Fed- Mr. MCCAIN. Mr. President, I ask were the other parts that were done in eral bureaucrats have figured out what unanimous consent to engage in a col- order to buy the bill in a bipartisan the minimum amount of insurance is loquy with the Senator from Wyoming. way. that you ought to have and everybody The PRESIDING OFFICER. Without Mr. MCCAIN. So what you are saying else in America ought to have, and objection, it is so ordered. is that unless a health care policy pro- even if you like what you have, you are Mr. MCCAIN. I would say to my vided by an employer is absolutely un- going to have to go to that if there are friend from Wyoming, this seems like changed totally for an unspecified pe- certain changes in your policy. old times—what we tried to stop for riod of time, then that health insur- The small businessmen are worried over a year, and now our predictions ance policy can be declared invalid by about any changes. Because this thing came true, beginning with they turned the Department of Health and Human is so complicated, they do not even 2 pages of this 2,733-page bill—2 pages— Services, and they will have to go to a know what the rest of the rules are into 121 pages of regulation. Is that government-mandated health insur- going to be. They have talked about correct, I would ask my colleague from ance policy or pay a fine. Is that a cor- this tax credit, but a number of them Wyoming? rect assessment? have looked at the requirements on the Mr. ENZI. In one of the instances, Mr. ENZI. It is a correct assessment tax credit and said: How in the heck do that is correct. in most of the parts. They will have to I ever comply with that? So they are a Mr. MCCAIN. So in a 2,733-page bill, if give up the insurance they have now, little worried about being able to get we have 121 pages of regulation for even if they like it, which the Presi- that too. every 2 pages, that is going to be pret- dent did mention 47 times in public Mr. MCCAIN. So I guess it was one of ty interesting, isn’t it? And the fun has speeches. And there are some require- our colleagues and the President who just begun. The fun has just begun. ments on how much of a change there intimated: Well, the American people If the Senator might recall, I ask my can be. really don’t pay attention. The Amer- friend from Wyoming, President But I have been talking to small ican people don’t really—they are de- Obama—quote after quote, time after businessmen traveling across Wyo- ceived by FOX News, et cetera. time: ming, talking to them and visiting The American people knew this was a And if you do have health insurance, we’ll them, because Congress thinks ‘‘profit’’ bad deal then, and they know it is a make sure that your insurance is more af- is a bad word, and a lot in Congress bad deal now. The majority of the fordable and more secure. think every business is simple to run. American people want it repealed. And We know that is not true from every But they have never been out there and all of this is suspicions confirmed when estimate. It is neither affordable nor scratched the surface a little bit to see you take 2 pages of legislation and turn secure. just how tough it is. it into 121 pages of regulation—a 2,733- If you like your health care plan, you can I have had businessman after busi- page bill. keep your health care plan. This is not some nessman whom I have visited and ones Mr. ENZI. Yes, it will be dramatic. government takeover. . . . I don’t want gov- who have come to Washington because We have not begun to touch all of the ernment bureaucrats meddling in your they have been so concerned who have regulations that have to be written on health care. . . . That’s what reform is said: I am going to do everything I can this yet. We looked at the Medicare about. to keep my plan just exactly the same bill and how many pages of regulations I quote from the President of the because this regulation is so difficult came out of that, and it was 100 per United States. to understand, and I am pretty busy page, which would be 270,000 pages on So now they have taken 2 pages of a anyway, so I don’t think I dare make this one. That is where that number 2,733-page bill, and that is 121 pages of any changes. came from. regulation. That is not true. They could make a Mr. MCCAIN. So here we are with an Now, isn’t it true, I would ask my few changes, but if they do, they will economy that the administration, the colleague from Wyoming, who knows lose their status, and they will have to President, and his crack economic as much or more about this than any- pay more. team said that if you pass this stim- one, that it will result in 50 percent of Mr. MCCAIN. So an employer, a ulus bill, maximum unemployment will all employees being in plans ineligible small businessperson provides health be 8 percent. What is the problem with

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7691 investment and hiring and economic they currently have. It released a new ator ENZI’s joint resolution of dis- growth in America today? The total survey of employers on the impact of approval, S.J. Res. 39, I do have con- uncertainty. We have just punted on the health care law. One-quarter of em- cerns that the rule itself is overly re- the extension of the tax cuts or an ployers surveyed estimate that the law strictive. I look forward to working Obama tax increase. We have just would raise premiums by at least 3 per- with the administration and my fellow punted on a number of issues, and the cent. That increase is beyond this colleagues on continuing to develop American people now are going to have year’s normal rise in costs due to med- guidance on this issue. to—this small businessperson the NFIB ical inflation. There being no objection, the mate- represents is going to have to thumb A majority of respondents—57 per- rial was ordered to be printed in the through 121 pages of new regulations in cent—said they will ask employees to RECORD, as follows: order to understand. Big businesses and pay a greater share of the cost of cov- U.S. SENATE, small businesses are going to say: What erage in 2011, meaning higher Washington, DC, September 29, 2010. are the next 121 pages of regulations deductibles and copays. Hon. KATHLEEN SEBELIUS, that are coming down for 2 pages of the As the Mercer study notes, ‘‘The Secretary, U.S. Department of Health and bill? I guess the title page probably rules for maintaining grandfathered Human Services, Washington, DC. would not have regulations associated DEAR SECRETARY SEBELIUS I write regard- status were tougher than many em- ing the Interim Final Rule (‘‘Rule’’) regard- with it, but the other 2,732 would. ployers expected. As they start to get a ing grandfathered plans (75 Fed. Reg. 34538). Mr. ENZI. And the Senator from Ari- clearer picture of projected costs for While I understand that the Rule seeks to zona has not even mentioned the 1099 2011, many are finding they need more balance consumer protections while still al- problem that is supposed to help pay flexibility to get their cost increases lowing consumers to keep their existing for part of this bill. down to a level they can handle.’’ plans, I am concerned that as currently writ- Mr. MCCAIN. Yes, which our col- Yet the administration’s regulations ten, the Rule is overly restrictive. In some leagues just voted down. They voted expose employers and employees to ex- places the Rule places significant restraints on the ability of employers and health plans down a resolution by the Senator from tensive bureaucratic redtape just so Nebraska that would allow them not to to make adjustments to their existing plans they can keep their current plans. that contain costs while maintaining the have to report every single transaction In fact, the administration’s own ex- overall benefit structure and value for plan of $600 or more. No wonder small and perts at the Department of Health and participants. large businesses in America are reluc- Human Services estimate that between As a starting point for more flexibility, I tant to invest and hire with this kind 39 and 69 percent of businesses won’t be urge you to reconsider the provision that of foolishness going on. able to keep the health plans they have automatically revokes grandfathered health Mr. ENZI. Right. plan status if an employer-sponsored health now. plan changes insurance carriers. This provi- Mr. MCCAIN. The CPAs come to me Small businesses will fare even in Arizona and say: I can’t advise my sion, as written, is overly restrictive and un- worse. By 2013, up to 80 percent of clients. I don’t know what the tax fairly locks in employers to a specific car- small businesses could lose their grand- structure will be. rier. For instance, changing carriers should So here we are with a new 121 pages fathered status. All of this means that not trigger a loss of grandfathered status if the benefit coverage under a different in- of regulation which obviously will af- few health plans will qualify for grandfathered status, so many Americans surer remains the same. In fact, many new fect 50, 60, 80 percent—let’s say it only carriers have shown that they can offer affects 50 percent of businesses in will not get to keep what they have. Employers that lose grandfathered lower cost-sharing to employees due to a bet- America—and we are going to vote ter rate. down, probably, with the big-govern- status for their health plans will be I hope to work with you to refine and ad- ment majority here, this effort to not forced to comply with all of the new just this and other aspects of the regulation have this regulation implemented. mandates included in the health care as we further define grandfathered plans to All I can say to my colleague from law and all of the administration’s reg- ensure appropriate stability in the marketplace. I appreciate the opportunity to assist Wyoming is, thank you for your leader- ulations. Subjecting employers’ health plans the Agencies in continuing to develop guid- ship. Thank you for your thoughtful ance on this important issue. dissertation on this issue. And I guar- to these mandates will either force them to change their plans and in- Sincerely, antee you, maybe next January, we can MARK R. WARNER, take this up again. crease their costs of insurance or pay a United States Senator. fine and dump their employees into the Mr. President, I yield the floor. Mr. HARKIN. Mr. President, how Federal Government’s new insurance Mr. KYL. Mr. President, last June, much time do we have? President Obama promised on national exchange. The PRESIDING OFFICER. Eleven I do not support the health care law television that ‘‘Government is not minutes 12 seconds. going to make you change plans under at all, but I believe Americans should Mr. HARKIN. How much time does health reform.’’ get to keep what they have, as prom- the other side have? In his September 2009 address to Con- ised, so I support the Enzi resolution of The PRESIDING OFFICER. Three gress he told Americans, ‘‘If you have disapproval. The resolution would nul- and a half minutes. health insurance through your job, lify these regulations and direct the Mr. HARKIN. Mr. President, I yield 4, nothing in our plan requires you to administration to develop true 5 minutes to the Senator from Illinois. change what you have.’’ grandfathering protections that allow The PRESIDING OFFICER. Without Many Americans doubted this would Americans to keep their current cov- objection, it is so ordered. be the case, and they have been proven erage. The Senator from Illinois. right. These latest developments are con- Mr. DURBIN. Mr. President, I just In the months after the health care sistent with the pattern that has listened to the Senator from Arizona, law was passed, the administration emerged ever since this bill passed and who is my friend and whom I respect. I wrote the regulations for plans with was signed into law—one of broken cannot remember how many pages grandfathered status. Grandfathered promises. Americans never liked or were in the McCain-Feingold bill. I status was supposed to allow employers wanted this bill, and we are contin- voted for it. I believed in it. I did not to continue offering current health ually reminded why they opposed it in count the pages. I thought he was on plans, even if those plans don’t meet the first place. the right track to change campaign fi- all of the government’s new cost-in- Mr. WARNER. Mr. President, I ask nancing in America. It was a bipartisan creasing mandates and requirements. unanimous consent to have printed in bill, and I supported it. And we were told it was intended to the RECORD, the following letter to Has that now become the measure in help protect Americans enrolled in Secretary Sebelius which discusses my the Senate—we will count the pages, these plans from ‘‘rate shock,’’ or sig- thoughts on the interim final rule, and if it goes over 1,000 pages, we are nificant premium increases, as a result ‘‘Rule’’, regarding grandfathered not going to pass the bill? I hope not of the new government mandates. plans—75 Fed. Reg. 34538—as part of the because this bill, the underlying bill on The consulting firm Mercer has bad Affordable Care Act. While I will vote health care reform, to make it more af- news for people hoping to keep what against the motion to proceed on Sen- fordable and more accountable, took on

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7692 CONGRESSIONAL RECORD — SENATE September 29, 2010 one of the major industries in America, miums they collect need to be spent on It is a page and a quarter, right where the cost of health insurance has health care. That leaves them 20 per- there. There is a bunch of other stuff in gone up 10, 15, 20 percent a year. cent for their bonuses, for their sala- this regulation that comes through We know the health insurance indus- ries, whatever they want. But we want there, including accounting tables and try and the companies behind it are to make sure people across America all kinds of things, but the actually not going to go down without a fight. have a fighting chance to have health rule, regulation, is a page and a third. They are going to hire the lawyers and insurance protection when they abso- I don’t know what all this other stuff is the lobbyists—and they did—to fight lutely need it the most. in here. It is probably make work for the passage of the bill and to fight its I see my colleague on the floor, the somebody, I don’t know. But it is a implementation in court and every- Senator from South Dakota. He and I page and a third. place you turn because what is at stake had an unexpected experience in the But getting to the crux of it, we pro- is their money, their profit. What is at month of August. We were both in a vided in the health reform bill, which stake is the way they do business, and hospital for surgery. Lucky for us, Sen- is now law, that if you had a plan you they know it. So when this administra- ator JOHNSON and Senator DURBIN—and liked, you could keep it. If that plan tion writes the rules and regulations to also the Senators on the other side of was in effect prior to April of this year, make sure that when we are challenged the aisle—are protected by the best you can keep it. It is called in court, this is going to stand up health insurance in America. Shouldn’t grandfathering. Many of the things we under the law, it is the reasonable the people of this country have that provided for new plans don’t apply to thing to do, and I think even the Sen- same kind of peace of mind so that those grandfathered plans, things such ator from Arizona would acknowledge when they need medical care, even ex- as preventive services. As my col- it. pensive medical care, their health in- leagues know, all new plans now must cover certain preventive services with- Now, I know the Senator from Wyo- surance is there to protect them? ming does not feel this way because he All of the people standing on the out any copays or deductibles, that told me personally this morning that floor railing against government-ad- type of thing. All new plans have a he does not favor repeal of the bill. I do ministered health care are covered by right to an external appeal to a third not know what the position of the Sen- government-administered health care. party, if you want. There are restrictions on annual limits and coverage in ator from Arizona is. But I would say Our health insurance plans in Congress the individual market. There is direct to those who want to repeal the health are administered by the Federal Gov- access to OB/GYNs without a referral. care bill that the President signed into ernment, and not a single Senator on You can’t charge a higher cost sharing law, this is what they want to repeal. the other side of the aisle has said: In for out-of-service emergency services. They want to repeal the consumer pro- principle, I am going to give up my You don’t need a prior authorization tections which we have finally put into health insurance to show you how requirement for emergency care. Those the law which say the health insurance much I hate government-administered are just some of the elements that companies cannot cancel your coverage health care. They have not done it be- apply to new plans that will not apply when you need it the most. They can- cause the plans are too darn good. We to a grandfathered plan. not deny you coverage because of a pre- want to give every American the same So then you have to ask, well, what existing condition. They cannot deny peace of mind Members of Congress is a grandfathered plan? A grand- to children under the age of 18 coverage have. fathered plan is a plan that was in ex- under health insurance for a pre- We have to defeat the Enzi approach istence prior to April of this year on existing condition. They cannot deny today. It empowers health insurance which the insurer and the insured to you the right to keep your kids companies at the expense of people who agreed, like a contract. under your health insurance policy, need health insurance when they face a What if that grandfathered plan— your family’s policy, until they reach diagnosis, a surgery, a cancer treat- what if that insurer then says: Well, we the age of 26. ment that could literally bankrupt agreed on a certain coinsurance charge. In that bill was also a new deduction their family unless they have health It was 20 percent. But now we are going for the cost of health insurance for insurance protection. I urge my col- to raise it to 40 percent. Well, that is small businesses so they can afford to leagues to oppose Senator ENZI’s effort not what you agreed to. That is not find health insurance for the owners on the Senate floor today. what you signed up for. and the employees of the businesses. In The PRESIDING OFFICER. The Sen- Let’s say they want to raise this bill was closing the doughnut hole ator from Iowa. deductibles. Let’s say your deductible on the Medicare prescription Part D, Mr. HARKIN. Mr. President, how was $1,000, and they say now they are sending a $250 check to the seniors who much time do we have remaining? going to raise your deductible to $2,500. needed it this year and increasing that The PRESIDING OFFICER. The Sen- That is not what you agreed to. That is amount over the year and still not add- ator has 6 minutes remaining. not the plan you liked or you signed up ing to the deficit overall with this bill. Mr. HARKIN. Mr. President, again, I for. Or let’s say the plan wants to sig- That is what they want to repeal. don’t know where all of these figures nificantly increase your premiums or Well, I am not going to stand before come from, how many pages of regula- they want to tighten down on your an- you and tell you that the bill we voted tions per page on the bill, and all that nual limits. That is not what you for was a perfect law. The only perfect kind of stuff. signed up for. law I am aware of was carved in stone I have in front of me the Federal So the rules and regulations say: tablets and carried down a mountain Register of Thursday, June 17, 2010. Look, there are certain limits. You can by Senator Moses. All the other bills What we are dealing with today are raise your copayment, but not more that have been passed are going to need grandfathered plans, right? The resolu- than $5 or 15 percentage points above some changes over the years. But the tion offered by the Senator from Wyo- medical inflation. So there are certain change the Senator from Wyoming ming has to do with what is a grand- restrictions put on what an insurer can brings to the floor is a bad change—a fathered plan and the regulation of the do and still claim to have a grand- bad change—because what he wants to grandfathered plan. fathered plan. That seems to me to do is empower the health insurance Well, I looked at the rules in the Reg- make infinitely good sense because companies to increase the amount of ister. It is one page and not even a half, they leave the consumer with nothing. money Americans pay for their cov- about a page and one-third—well, not They are at the whims of the insurance erage. That is it. Give them more pro- actually even a page and a third, a lit- company. That is what it was like be- tection so they can raise costs. tle over a page, a page and a third. I fore we passed the health care reform The Senator from Wyoming said we have it right here. Page 34,568 and page bill. That is what my friends on this should not be embarrassed to say these 34,569: Maintenance of Grandfather side of the aisle want to go back to: companies are in business for a profit. Status. That is what it is, and that Giving the insurance companies the I understand that. But this underlying takes into account all of the things to wherewithal to define everything and bill limits the profits of the company which the Senator from Wyoming re- tell the consumer what it is that a con- and says that 80 percent of the preferred. sumer has to have. They call the shots.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7693 Well, quite frankly, what this regula- Our economy is already struggling. It Sessions Thune Wicker Shelby Vitter tion does is it gives more empower- doesn’t need more job-killing, cost-in- Snowe Voinovich ment to consumers. It says to an increasing government mandates. We are surer: You can’t just willy-nilly change hearing from small businesses across NAYS—59 your plans that you had prior to April the country which are already being Akaka Gillibrand Murray and call it a grandfathered plan. If you forced to swallow large premium in- Baucus Goodwin Nelson (NE) Bayh Hagan Nelson (FL) change it, if you make all of these big creases that will prevent them from Begich Harkin Pryor changes, guess what. You are going to hiring more workers. That is jobs. We Bennet Inouye Reed have to cover preventive services with- need to create more jobs, not write reg- Bingaman Johnson Reid Boxer Kaufman out copays and deductibles. If you do ulations that lead to less jobs. Rockefeller Brown (OH) Kerry Sanders Burris Klobuchar all of these big changes, well, your in- The bill was sold as letting people Schumer Cantwell Kohl surer is going to have the right to ap- keep what they have, but the devil is in Shaheen Cardin Landrieu peal that. Quite frankly, I think that the details. Do a little digging. It is Carper Lautenberg Specter has a lot to do with this. We said for clear. Americans would not be able to Casey Leahy Stabenow any new plans, the insurer has the keep what they have. The simple truth Conrad Levin Tester Udall (CO) right to appeal to a third party—not is, because this new rule will dras- Dodd Lieberman Dorgan Lincoln Udall (NM) the grandfathered plans but the new tically tie the hands of employers, few Durbin McCaskill Warner plans. That is why a lot of the old plans employers are expected to be able to Feingold Menendez Webb don’t want to become new plans. They pursue grandfathered status. Feinstein Merkley Whitehouse don’t want to give you that right of ap- The Enzi resolution is about pro- Franken Mikulski Wyden peal. tecting small business and the people NOT VOTING—1 There are restrictions on annual lim- who work there. Anytime an individual Murkowski its, which I mentioned before, in the doesn’t like what they are getting, The motion was rejected. individual market. they can go out on the open market So, again, if you want to have a and get something, but most of the f grandfathered plan, fine, but you can’t help on getting that doesn’t arrive RECESS just change it dramatically. I say again until 2014. The PRESIDING OFFICER. Under to my friend from Wyoming, read it in Where is the cost cutting they were the previous order, the Senate stands full. It doesn’t say any changes; it says promised in the bill? Now we are going in recess until 2:15 p.m. any changes based upon certain things. to add this regulation to it, and small The PRESIDING OFFICER. The Sen- Thereupon, the Senate, at 12:51 p.m., businesses are telling me they can’t af- recessed until 2:15 p.m. and reassem- ator’s time has expired. ford it. If this becomes the grand- Mr. HARKIN. So I say to my friends, bled when called to order by the Acting fathered thing, 80 percent of small President pro tempore. we should vote this down and move businesses are going to have to change ahead with health care reform and pro- unless my resolution is passed. Sixty- f tect the consumers of America. nine percent of all businesses are going DEPARTMENT OF STATE, FOREIGN The PRESIDING OFFICER. The Sen- to change unless my resolution is OPERATIONS, AND RELATED ator from Wyoming. passed. People out there who like what PROGRAMS APPROPRIATIONS Mr. ENZI. Mr. President, when we they have—listen to this. Help your ACT, 2010—MOTION TO PROCEED talk about 121 pages, we are talking small business and help get this grand- The ACTING PRESIDENT pro tem- about what the small businessman has fathered thing passed. to access. He has to go on the Internet pore. Under the previous order, the As I mentioned, there are several or- and print out the pages. There are 121 Senate will resume consideration of ganizations that are key voting on this pages. Yes, if he could get it in the for- the motion to proceed to H.R. 3081, one because it is so critical to their mat of the Federal Register, he would which the clerk will report. members and the people who work for have 34 pages. But you can’t ignore ev- The legislative clerk read as follows: them. erything but 11⁄2 pages. You have to do Motion to proceed to consideration of Cal- I ask my colleagues to support the the whole thing. endar No. 107, H.R. 3081, an act making ap- resolution. Small business is upset about this. propriations for the Department of State, That is why I listed the 54 different or- I yield the floor. Foreign Operations and Related Programs ganizations that are opposing this bill. Mr. President, I ask for the yeas and for the fiscal year ending September 30, 2010, and for other purposes. I have gotten, and I am sure everybody nays. has gotten—even though I only brought The PRESIDING OFFICER. Is there a The ACTING PRESIDENT pro tem- this resolution up last week, there are sufficient second? There appears to be pore. The Senator from Delaware is hundreds of letters coming in with ex- a sufficient second. recognized. amples of what this will do to them. The question is on agreeing to the Mr. KAUFMAN. Mr. President, I ask From Fort Lauderdale, FL: They re- motion. to speak as in morning business. ceived such a large increase of people The clerk will call the roll. The ACTING PRESIDENT pro tem- being grandfathered out of the plan, The legislative clerk called the roll. pore. Without objection, it is so or- they will be forced to get a new plan Mr. KYL. The following Senator is dered. because they made their current plan necessarily absent: the Senator from FAREWELL ADDRESS so expensive. Now the new plans have Alaska (Ms. MURKOWSKI). Mr. KAUFMAN. Mr. President, I love much higher deductibles, more out-of- The PRESIDING OFFICER. Are there the Senate. It is not always a beautiful pocket costs, and more affordable plans any other Senators in the Chamber de- thing, and surely it is not a picture of only offer to pay 50 percent coinsur- siring to vote? a well-oiled machine, but years ago I ance. So the options are limited. The result was announced—yeas 40, found a home here. As my colleagues The options are limited to all of the nays 59, as follows: know, I first came to the Senate in 1973 businesses. I have letter after letter [Rollcall Vote No. 244 Leg.] as an aide to a young man who had won that shows how it isn’t just the busi- YEAS—40 a stunning and very improbable elec- ness that has to absorb these costs. The Alexander Collins Hutchison tion against a respected incumbent. At individuals who have the insurance Barrasso Corker Inhofe that campaign victory party 38 years who have been pleased with their insur- Bennett Cornyn Isakson ago—I can remember it as if it was yes- Bond Crapo Johanns ance are going to have to go out on the Brown (MA) DeMint Kyl terday—I thought to myself I would open market because the company is Brownback Ensign LeMieux never again believe that anything is going to say it can’t afford to do it Bunning Enzi Lugar impossible. anymore. They are trying to keep the Burr Graham McCain In the intervening 37 years I have Chambliss Grassley McConnell insurance, but that has been the prob- Coburn Gregg Risch seen a lot of campaigns. I never saw lem for small businesses all along. Cochran Hatch Roberts one that was as big an upset as JOE

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7694 CONGRESSIONAL RECORD — SENATE September 29, 2010 BIDEN’s. When I started working for compromises we need to solve many of I made two trips to Israel and the JOE BIDEN that year, I told the DuPont our problems, compromises that will Middle East, three trips to Afghanistan Company—that is where I worked—I keep America great. and Pakistan, and four trips to Iraq in would take a 1-year leave of absence. I I am incredibly proud of the oppor- the last 18 months. I know a number of stayed for 22 years. tunity I have had to work on important things: No. 1, we must build our civil- I will soon be leaving the Senate. I issues during the brief service I have ian capability for engaging in counter- am grateful beyond words to have gone had in the Senate. I feel especially insurgency, and in this Congress we through much of JOE BIDEN’s Senate privileged to have served in this his- passed legislation to enhance civil- career as his chief of staff and observed toric Congress, when there were so military unity of effort through joint his career firsthand. I can say if my many great challenges facing this training at Camp Atterbury. Senate career had ended then, if I had country. I have been hanging out in Along with Senator BROWNBACK, I co- not been called on to serve as his suc- this place since 1973. There has not founded the Senate Caucus on Global cessor, that experience, helping to rep- been another Congress like the 111th, Internet Freedom to promote greater resent Delawareans and fighting for one where we have dealt with more access to freedom of expression and the values that JOE BIDEN and I shared, issues. During my first month in office, freedom of press online. would have been more than fulfilling more than 700,000 Americans lost their I also highlight the importance of enough. I would have been happy. jobs on the heels of the economic col- U.S. public diplomacy efforts, espe- I thank our leader, HARRY REID, who lapse in late 2008. cially international broadcasting. As is most responsible for the most his- People are wondering why are people you know, I served on the board for 13 toric, productive Congress since FDR. I upset? How soon they forget. Less than years—there is nothing more impor- thank my committee chairs. They have 2 years ago, 700,000 people lost their tant in our battle than international been great to me: PAT LEAHY, JOHN jobs in a month, and it was not the broadcasting and public diplomacy. I KERRY, CARL LEVIN, and JOE first month and it was not the last sought to raise the awareness of the limitations on press freedom in coun- LIEBERMAN. I especially want to thank month. Action by the Federal Govern- my senior Delaware colleague, Senator ment to stop further decline was crit- tries such as China and Iran through the passage of resolutions and have co- CARPER, for whom I have the greatest ical—and we acted. I am proud of my respect and who has helped me tremen- vote on the American Recovery and authored legislation funding the devel- dously during my last 2 years in all Reinvestment Act. I believe the ARRA opment of Internet censorship cir- cumvention technology in Iran—get- manner of issues. I know I am going to worked to arrest the financial free fall ting around the jamming that Iran is alienate some of my Senators, but he is to jump-start the economy—and if I doing to deny its citizens the right to without a doubt the best senior Sen- had another hour and a half, I would get information on the Internet. ator in the entire Senate. show my charts and graphs to dem- I have also had the privilege of work- After almost four decades, I think I onstrate it. ing to promote science, technology, en- finally got used to the unpredictable All across Delaware I have seen the gineering, and mathematics, or STEM, rhythms of the Senate. In the short benefits of this law—the investments education during my time in the Sen- time since I was sworn in last January, in infrastructure and education and ate. As a former engineer, I know first- the Senate has seen heated debate over new technologies for our future, and I hand the importance of STEM edu- a basic principle under which this body met with the people whose jobs were cation. functions—the filibuster. All Members saved, literally met with the people I spent much of my career in govern- are frustrated with the slower pace, whose jobs were saved or who found ment service, and I decided early in my and they are right to be frustrated new employment that flowed from term to come to the Senate floor each when good bills, important bills that these investments. week and recognize the contribution promise to help millions of Americans, We succeeded in passing many other made to this country by our Federal are blocked for the wrong reasons. initiatives to foster growth and to employees. I honored 100 great Federal But rule changes should be consid- bring much needed help to those who employees from this desk, sharing ered in the light of the fact, which we have been hit hardest by the recession, their stories and accomplishments with all know, that the Senate is not the which was my No. 1 job in the Senate. my colleagues and the American peo- House of Representatives. It serves a As Senator CARPER knows, it is all ple, and I am very pleased that Senator very different constitutional purpose, about jobs, jobs, jobs. We actually did a WARNER from Virginia is going to be and the existence of the filibuster re- great many things that I firmly believe taking that on when I leave. I could mains important to ensuring the bal- helped make us a stronger country. not have left it to a better person. anced government the Framers envi- As you know, as you grow older you Last but not least, I have tried my sioned. realize that life is not about what you hardest to be a voice for the average Indeed, the history of the Senate is accomplish or about winning. It is investor and to work for financial ac- that of a struggle between compromise about having tried, and I feel good that countability and stability so our econ- and intransigence. But this is the place I tried my very best. omy can thrive. That is what it is where we protect political minorities. I was so pleased to work with Sen- about. We can’t thrive if we don’t have This is the place where we make sure ators LEAHY and GRASSLEY on the credibility in the markets. I offered the fast train of the majority doesn’t Fraud Enforcement and Recovery Act, legislation with my good friend, Sen- overrun the minority. While I think to chair oversight hearings in the Judi- ator JOHNNY ISAKSON, to curb abusive there are changes, and good changes, ciary Committee on law enforcement short selling. I gave a number of that are being considered, I do think efforts to pursue financial fraud associ- speeches on this floor, from this desk, the filibuster should remain at 60 votes ated with the financial crisis, and to calling for the Securities and Exchange because during the long struggle in the sit with my friend, Senator CARL Commission to conduct a comprehen- Senate, certain traditions have been LEVIN, as he and the Permanent Sub- sive review of equity market structure adhered to by Members on both sides of committee on Investigations held hear- and high-frequency trading and to ad- the aisle. Whenever anyone moves to ings on financial fraud. I was honored vance reforms that promote clear and change one of those traditions in a way to be a part, as were all of my col- transparent markets—not always clear that may diminish the comity under leagues, of two Supreme Court con- and transparent to everybody listen- which this body must function, I be- firmation hearings for Justices ing. As I said from the floor dozens of lieve they should do it very carefully. I Sotomayor and Elena Kagan. times, it is critical that we preserve know my colleagues will do that. I had the distinct honor, and it is a the credibility of our markets, one of Regardless, I continue to have faith true honor, of serving on the Foreign our Nation’s crown jewels, if our grand- that out of the debates in the Senate, Relations Committee with Chairman children are to live in the most eco- the fights we are having now, out of JOHN KERRY and ranked member DICK nomically powerful country in the the frustrations of some of the intran- LUGAR, as well as on the Armed Serv- world. sigence of others, we will eventually ices Committee with Chairman LEVIN Finally, I repeatedly highlighted find our way toward the next great and Senator JOHN MCCAIN. from the Senate floor the importance

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7695 of the problem of too big to fail in the The ACTING PRESIDENT pro tem- of nonmembers on the Banking Com- financial reform debate, working with pore. The Senator from Virginia is rec- mittee, there was nobody more active my good friend, Senator SHERROD ognized. in financial reform, on a host of issues, BROWN, to offer the Brown-Kaufman COMMENDING SENATOR TED KAUFMAN than TED KAUFMAN. We did not always amendment. We made the good fight Mr. WARNER. Mr. President, for a see eye to eye. But nobody approached but, again, trying was better than suc- variety of reasons, turnover in the Sen- issues with more thoughtfulness, more ceeding—not better but the alternative ate has been more rapid recently than hard work, and more generosity of spir- to succeeding, and I thank every Sen- at almost any other time in our his- it, who recognized we could have dif- ator who voted for that amendment. I tory. ferent opinions, but we both realized am proud of that. While our amend- For some of us, the turnover has been the financial system needed to be dra- ment was not agreed to, I will ever be the result of elections. For some, it has matically reformed. proud of the opportunity to work with been the result of the passing of Senate But the area I particularly wish to Senator CHRIS DODD and participate in legends Ted Kennedy and Robert Byrd, call attention to is the fact that it was Senate debate on financial reform. and as a result, as well, of filling Sen- TED KAUFMAN, before virtually any- I could not have achieved anything— ate seats once held by our President, body else in this body, and for that and I genuinely mean anything—during Vice President and the Secretaries of matter beyond most of the commenta- my term without the help and hard State and the Interior, while most of tors in the financial markets, who work of my excellent staff. I spoke us—I think I saw a number of my col- spotted and identified what could be early this week about the staff. They leagues from the freshman class here the first sign of the next potential fi- are vital to our work. I am going to earlier listening to my good friend and nancial crisis, the lack of trans- tell you as someone who spent years colleague from Delaware—got here parency, particularly around high-fre- delivering staff work and now someone through the ballot box. We have been quency trading and some of the tech- who has been a consumer, I am more blessed to serve with some extraor- niques and tactics used by firms to in- impressed than ever with my staff, and dinary individuals who were appointed stitute that tool. with Senate staffs and the job they do. to serve in this body. As the Member who oftentimes had I want the American people to under- Perhaps no one stands out more in the privilege, respectively, of sitting in stand that one of the reasons I love the this regard than our colleague for the the chair on Monday afternoons, I got Senate is because it is filled with intel- past 21 months, the Senator from Dela- to be educated by TED KAUFMAN, as he ligent, hard-working people who are ware, Mr. TED KAUFMAN. But I think mentioned earlier, as he went through passionate about serving this country. most of us have come to know Senator an explanation of the challenges this This goes for Members and staff alike. KAUFMAN’s service to this body extends technique posed. The Senate is a magnet for those who well beyond the 21 months he served as Because of his actions and working feel called to public service. It is the a Senator. with Members across the aisle, he has In fact, as we just heard from his destiny for countless improbable jour- raised the attention of the SEC to this comments, and he is oft to remind all neys. Our constitutional Framers very important issue. Again, this is an of us freshmen, he actually has spent would have been relieved to see this area I hope to pick up the baton on. Be- most of the last 20 years serving pre- noble experiment working, to know cause the actions of May 6, in terms of viously as a Senate staffer. that in the Senate today serve a farmer the precipitous fall in the stock mar- No matter how accomplished—I from Big Sandy, a realtor from Cobb ket, could have been that first warning think we have former Governors, County, a mayor from Lincoln, a shot, in many ways perhaps due to former State senators, folks who have former Army Ranger from Cranston, a some of the techniques TED KAUFMAN been superintendent of school boards— social worker from Baltimore, and a has simply said let’s bring more trans- no matter what our background was doctor from Casper. parency to. before we got to the Senate, we all All of them are here for the same rea- have had a lot to learn about the pecu- Senator KAUFMAN, as well, has done son as the other Senators—because liar institution rules, morays, and the something that perhaps most of us in they love this country and their com- flow of this body. this institution and, for that matter, munities dearly and want to give back. I think I may speak for some of my most of the 300 million Americans do Their paths to public service may have colleagues in the class of 2008, TED not often pay enough homage and re- been different in their first steps just KAUFMAN has been an extraordinarily spect to, literally, millions of folks like mine was, but they converged here generous resource. He has known the who work for the Federal Government. and this is what continues to sustain rhythms of this institution, has been As somebody who has committed his my faith in the Senate. someone who has counseled us at times whole life to public service, and most Here this leg in my improbable jour- as our—at least I can speak person- of that public service in serving the ney comes to an end. Although I leave ally—my head was about to explode Federal Government, Senator KAUF- the Senate as a Member, I will not be about some of the process, to kind of MAN decided, during his tenure, that leaving the Senate behind. I will con- sometimes recognize the need to tune each and every week he would come tinue to teach about the institution to out some of the ceaseless distraction, down and recognize somebody who my students and encourage them to to recognize the great power of this in- works in the Federal Government who pursue their own path to public serv- stitution and, as he has demonstrated is a star. He has now recognized over ice. I will continue to speak out on by his own conduct, that sometimes 100 of these Federal employees, and issues that I worked on here because the best path is to simply keep your Senator KAUFMAN has again reminded that important work, as always, goes head down and do hard work. all of us that while we have challenges on. Senator KAUFMAN, in his speech, in terms of getting the Federal Govern- I love the Senate, and I will always went through the litany of activities ment right, we still have in the Federal cherish the unlikely opportunity I had he has participated in, in that short 21 workforce the best in the world. I, to serve Delaware as its Senator. With months. I know we have other Mem- again, look forward to the honor of deep gratitude to those who worked bers. I wish to speak about two of picking up that baton. with me and stood by me through my them, briefly. One was the incredibly Public service is never easy at any journey—to my staff, to my colleagues, important role he played on financial moment. But I cannot think of a time to my wife Lynn, to our children, reform and, secondly, this, I think per- in my 20 years around public service grandchildren—with great appreciation haps much underrecognized but incred- that its times are tougher than now, to former Governor Ruth Ann Minner ibly important role, a role he has been with a great kind of disregard about and the people of Delaware for the re- kind enough to leave to me, pass the many of us who serve. But I can think sponsibility they gave me, and with op- torch to me, in terms of recognizing of no better example of someone timism and faith in the future of the our Federal workforce. throughout his whole life who exempli- Senate and this great Nation, for the Senator KAUFMAN did not serve on fied the best of public service, serving last time, I yield the floor. the Banking Committee. But in terms the staff roll, serving as a Senator,

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7696 CONGRESSIONAL RECORD — SENATE September 29, 2010 constantly calling us to our better an- why don’t folks get out and get a job, having a good-paying job so they can gels, recognizing the great traditions of go out and get a minimum wage job, provide for themselves and their fami- this body. the reality is there are five people are lies. So while we heard that Senator out of work for every one job that is I wish to share just one of the thou- KAUFMAN for the last time yielded the available. That is a fact. sands of stories I received over the last floor, at least it is my hope, and I be- Now it is better than it was. At one month. It comes from Janice in Ster- lieve the hope of many of my col- time, it was six for one job opening. So ling Heights, MI. leagues, that you will still continue to we are creeping along. But the reality At the age of 54— frequent this institution, that you will is we still have five people out of work She writes— still continue to be an individual whom for every one job. It is not their fault I have already worked 35 years of my life. we can count on for respect, for guid- that they cannot find a job in this cir- Back when I was young, there was always ance, and recommendations. cumstance. We know there are about 3 talk of 30 and out. Never once did I dream at I have to say that while you will be million jobs available nationally, and my age that I would be unemployed for over missed, this body will be greatly dimin- there are more than 15 million people a year. That even though I apply for any job ished by your absence. I again wish to who need a job. We cannot just walk I am qualified for, I never hear back. Now, salute my colleague, I wish to salute away from them, from this cir- all I have to look forward to is working until my friend, and I thank Senator KAUF- cumstance, caused by an economic tsu- the day I die, wondering where my health care is going to come from, and how I am MAN for his distinguished service to not nami between the crisis on Wall Street, going to be able to continue to pay my bills. only the people of Delaware but to the between our lack of focus over the last I do not know how long I can hang on until people of the United States. decade on fair trade laws. my current unemployment benefits run out. I yield the floor. We have seen too many jobs being I have nothing, nowhere to go, if evicted. I The ACTING PRESIDENT pro tem- shipped overseas, which we tried to adam so angry because I was brought up that pore. The Senator from Michigan is dress yesterday and could not get any working hard all your life is what you are recognized. of our Republican colleagues to support supposed to do to have a home and a family Ms. STABENOW. Before I speak us on to be able to get past that. There and a retirement. about a very critical piece of legisla- are multiple things that have happened That is exactly what we are talking tion, I wish to join the Senator from but none of them caused by the people about—people who do nothing but work Virginia in recognizing our friend and who have lost their jobs. hard and play by the rules and are colleague from Delaware who has done This is a moral issue as well as an found in a situation they did not cre- such an extraordinary job in the time economic issue. That is why I have au- ate. he has been here. I wish to associate thored the Americans Want to Work She goes on to say: myself with the comments of the Sen- Act. I wish to thank all the cosponsors. I am angry and disappointed in the govern- ator from Virginia. First, I wish to thank our majority ment because they are taking away benefits There is no one who brings more in- leader, Senator REID, who has given us I have expected to be there after working for telligence, passion, commitment or the opportunity today to make the 35 years and paying into this system. generosity of heart than the Senator case and who understands the incred- There are millions of stories like from Delaware, and the fact that he ible urgency of this issue, and to Sen- Janice’s, not only in Michigan but in has given his life to public service is ator SCHUMER as well, who has been a every State. We have been working something we all thank you for. You great partner in this effort in com- hard to create jobs, to get the economy will be greatly missed. bining an extension of unemployment back on track. We have passed, accord- UNANIMOUS-CONSENT REQUEST—S. 3706 benefits with his very successful HIRE ing to Business Week, four major jobs Mr. President, I rise this afternoon Act, to be able to give a one-two punch. bills, including the small business jobs and join with my friend from Rhode Is- I also wish to thank Senator BROWN bill passed a couple of weeks ago and land as well, a cosponsor, to speak of Ohio, Senators CASEY, DODD, LEVIN, the President signed on Monday. That about a critical issue affecting millions REED, GILLIBRAND, LAUTENBERG, and is expected to create hundreds of thou- of Americans around the country. That Senator WHITEHOUSE. Our bill does two sands of jobs. The reality is we are in a is the question of lack of jobs and the things to help people who have been situation where the majority of our Re- need to help those who, through no out of work the longest. It creates a publican colleagues voted no on the fault of their own, find themselves new tier of unemployment insurance small business jobs bill. Yesterday they without a job, trying to hold things to- that extends benefits for an additional blocked our ability to bring up a bill to gether for their family, trying to keep 20 weeks, and it extends and expands close loopholes, to stop jobs being moving, looking for work at a time Senator SCHUMER’s HIRE Act tax cred- shipped overseas. We now stand asking that is incredibly difficult for our its to encourage companies to hire that they not block again help for peo- country. those workers who have been looking ple who can’t find work because this So I rise to speak and to offer S. 3706, for work the longest. economy is not moving fast enough. the Americans Want to Work Act, and I realize this is the longest extension I hope today my colleagues will join to ask that our body act on this of unemployment benefits ever. I un- me in passing the Americans Want to today—now. Americans want to work. derstand that. But this is also the Work Act. We should not walk away That is a fact. That is a fact. People worst recession in our lifetime, and we from so many Americans who are look- want to work. But this is the worst re- also need to understand that. I have re- ing for work and need our help. I urge cession in our lifetime, the worst since ceived so many phone calls and letters my colleagues to join us in saying yes the Great Depression. from people all across my State who on something, yes to the millions of Millions of people are out of work are trying so hard to get work. They Americans who want to work. through no fault of their own and they are out every single day pounding the I will offer a unanimous consent re- need our help. Things are beginning to pavement or checking the Internet. quest in a moment. I yield the floor to turn, but it is painfully slow, and too They are filling out applications. They my friend, the Senator from Rhode Is- many families are caught in the mid- are sending out resumes. They are land. Then I wish to return to make my dle. Nationally, we know the unem- making phone calls, trying so hard to unanimous consent request. ployment rate stands at 9.6 percent, find a job so they can put food on the The ACTING PRESIDENT pro tem- much higher in my home State of table for their family and, frankly, pore. Without objection, it is so or- Michigan. Of those, 42 percent who keep their head above water, try to dered. have been out of work have been out of keep their house above water, to be The Senator from Rhode Island is work for more than 27 weeks and many able to have a roof over their head recognized. of them, too many of them, much while they are looking for work. Mr. WHITEHOUSE. Mr. President, I longer. They want to work. They do not thank the distinguished Senator from The reality is, as much as people want to be getting unemployment ben- Michigan for her eloquent words that want to work, there are, frankly, not efits. They do not want to be in this try to bring into this institution some enough jobs. When people say: Well situation. They want the dignity of of the difficulties and anxiety and pain

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7697 families in our States particularly are heartless, bloodless statistics on the insurance benefits would be feeling. Because while the national un- floor, 12 percent, 65,000, there are real uncontroversial. It should be clear to employment rate is at an atrocious people behind those statistics. There anybody that these people have lost above 9 percent, in our States it is con- are real families. There are those ter- their jobs and have been out of work siderably worse. In Rhode Island the rible late nights at the kitchen table for this lengthy period through no unemployment rate hovers still around trying to figure out how you keep the fault of their own. Michael was not 12 percent. This has been a prolonged mortgage, how you keep the health in- fired for cause. Nancy didn’t lose her recession. For many Rhode Islanders, surance, what you cut, what you give job because she did something wrong. they have been out of work for as long up. Those are discussions that are The people who did something wrong as unemployment insurance benefits being had by real families. were in Wall Street, with the Securi- allow. Now they are coming to the end This is Michael Coppola. He lives in ties and Exchange Commission, cre- of the 99-week period under which they Smithfield. He was a truckdriver for ating phony baloney securitization of are allowed to recover. The plain, un- the same company from 2000 to 2007. He home mortgages. Most of them got varnished fact is that the jobs aren’t was laid off in October of 2008 when his bailed out. The banks are back rolling, there. In a different economy, I might unit closed. This month Michael hits firing off the big bonuses, reporting be less impatient with the argument the current 99-week limit for unem- huge earnings, not loaning much that we have to cut off unemployment ployment insurance benefits. He has money yet but taking care of their benefits on folks because, frankly, had to give up health insurance. He is folks, rolling in the paychecks and the after a while they get lazy. And if we trying to keep up with his mortgage bonus checks. They are back on their don’t cut off the benefits, then they payments so he doesn’t lose his house feet again. But for the people who got will wait around, collecting their un- and add to the tide of foreclosures clobbered by the tsunami of economic employment, goofing off and not going sweeping across Rhode Island and the catastrophe that the Wall Street im- back to work. That is the argument I rest of the country. His wife is totally plosion and the housing implosion set hear made against this all too often. disabled. As a result, she receives So- off, they are still being washed around. When one is in a State where the jobs cial Security benefits and that is help- Nobody has bailed them out. simply are not there, where the econ- ing them keep the family together. But Let’s extend the unemployment in- omy has not come close to recovering, he wrote me to say: surance they have been contributing then it is not logical, and it is heart- Any extension of benefits for people like to, that they are a part of. Let’s help less and wrong. There are now more me who have exhausted their benefits would our fellow Americans weather this than 65,000 Rhode Islanders out looking help allow me to stay in my house, pay my unique financial storm. for work. By contrast, the economic re- taxes, and [allow me] to regain my health I yield the floor. covery bill created 11,000 jobs in Rhode coverage. The ACTING PRESIDENT pro tem- Island. It would be far worse were it Michael actually took this picture pore. The Senator from Michigan. Ms. STABENOW. Mr. President, I not for the action we took. But when for us so we could have a picture here thank the Senator from Rhode Island. we compare 11,000 families who now to show on the floor and put a human He is correct. The folks at the top got have jobs and paychecks because of the face on this problem that is so often bailed out, and middle-class families Recovery Act to the 65,000 still won- drowned in statistics. Here is another Rhode Islander from are stuck on the hook. Five people dering when is this economy coming looking for every one job. It is critical back for me, clearly we have a lot of Portsmouth. This is Nancy Babcock. Nancy is 59 years old. She lost her job that we act. I am hopeful that instead work to do. To extend unemployment of hearing another round of no, we will benefits for those who have run it about 24 months ago. She had worked for 15 years steadily in the insurance hear yes and that people will come to- through is the least we can do. gether. There are millions of people out I remember visiting not too long ago industry. Next week she hits her 99- of work who have hit this wall. They Network Rhode Island, a job placement week limit. She has been able to find a are in every State. They are in red agency in Pawtucket and speaking to a little bit of part-time work, but it has not been enough to pay her bills and States, blue States, purple States. married couple, a middle-age married They are in every State. This should keep her finances afloat. Rhode Is- couple sitting side by side at one of the not be a partisan issue. land’s WorkShare program has per- computer screens looking for some- On behalf of millions, at least 2 to 3 thing. They come in to look every day. mitted her to supplement her unem- million people who find themselves in They have filed hundreds of applica- ployment insurance benefits with a this particular situation, who are ask- tions for jobs. They have been unable small amount of part-time income. ing us to understand, who are asking us to find anything because of the job This is a woman who has worked essen- for help, asking us to give a lifeline to market. They said: We are anxious. We tially all her life, who while on unem- them so they can care for their fami- are running out of our benefits. This ployment insurance has tried to find lies and get back to work, I ask unani- was one of those occasions when the what work she could find and was per- mous consent that the Finance Com- Republicans had filibustered extending mitted and has continued to look for mittee be discharged from S. 3706, the unemployment benefits, adding addi- work. She has a bachelor’s degree. She Americans Want to Work Act; that the tional funding. I assured them that has several industry certifications. She Senate then proceed to its immediate when we got back we would be restor- has extensive background in sales and consideration; that the bill be read ing those benefits, and we would be marketing. Despite the long drought of three times, passed, and the motion to protecting them because we had that unemployment she has had to live reconsider be laid upon the table; that commitment and we had that deter- through, so many Rhode Islanders have any statement relating to the measure had to live through, she is still out mination. They said: No, you can’t help be printed in the RECORD. us. We are in the 99ers. We have come there every day looking for work, hop- The ACTING PRESIDENT pro tem- to the end of the duration for which ing the economy will turn for her. She pore. Is there objection? you are allowed to collect unemploy- has been going through the classifieds, Mr. LEMIEUX. Mr. President, reserv- ment benefits. beating her feet against the pavement ing the right to object, may I ask of I felt helpless, that there was nothing trying to get to places where she might my colleague from Michigan a couple we were doing for them. Senator get an interview. She has been reach- of questions. STABENOW and I discussed this problem. ing out to friends, doing all the things Ms. STABENOW. Yes. She filed this wonderful legislation, of that families do in this circumstance, Mr. LEMIEUX. We have just been which I was an immediate cosponsor. It trying to reach out wherever she can, handed this. I wonder if my colleague addresses a problem that at least in and still, after 99 weeks, to no avail. could let us know what the cost of this our States is very real. I thank Senator STABENOW for her bill is and how it is paid for. Two of the Rhode Islanders who have leadership. In a better world, this Ms. STABENOW. The bill is des- written to us and contacted me about would be an easy thing and the unani- ignated, as other unemployment exten- this have let me use their images. Just mous consent to allow us to go to this sions have been designated, as emer- so we are not always talking about bill and extend these unemployment gency spending, just as we would do for

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7698 CONGRESSIONAL RECORD — SENATE September 29, 2010 any other catastrophe. If 15 million The PRESIDING OFFICER (Mr. that appropriated very closely to what people out of work isn’t an economic MERKLEY). Without objection, it is so the NASA authorization bill was in the disaster, I don’t know what is. For the ordered. Senate, it gives the direction to NASA millions involved, this is viewed as dis- Mr. JOHANNS. Mr. President, I ask to go ahead and start the preparations aster assistance. We intend to move unanimous consent that I be allowed to for that third flight of which all the forward with a sense of urgency to put speak for up to 12 minutes as in morn- hardware is already there. But they people back to work so in fact we will ing business. have to know that. They can’t wait turn this economy around. The PRESIDING OFFICER. Without around until next January or February Mr. LEMIEUX. Respectfully, without objection, it is so ordered. to start that preparation; they have to knowing how much it is going to cost (The remarks of Mr. JOHANNS per- start it now. These are some of the and how we will pay for it, while we are taining to the introduction of S. 14 are critical issues. all certainly sympathetic and want to printed in today’s RECORD under It is also critical that, for example, work to make people go back to work— ‘‘Statements on Introduced Bills and at the Kennedy Space Center, there are my home State of Florida is certainly Joint Resolutions.’’) 1,100 jobs that are going to terminate suffering with very high unemploy- Mr. JOHANNS. Mr. President, I yield tomorrow. This NASA authorization ment—we need to know what it is the floor, and I note the absence of a bill lays out the program for the future going to cost and how we will pay for it quorum. so they can start planning on some of so we don’t put the debt on our chil- The PRESIDING OFFICER. The those jobs that would be lost that may dren and grandchildren. clerk will call the roll. I object. not be lost or recalled. That is why it The assistant editor of the Daily Di- is my fervent hope that we are going to The ACTING PRESIDENT pro tem- gest proceeded to call the roll. pore. Objection is heard. get at least, if not more than, two- Mr. NELSON of Florida. Mr. Presi- thirds of the House voting this after- Ms. STABENOW. Mr. President, the dent, I ask unanimous consent that the reality for us in America is that we noon to pass the NASA bill and then order for the quorum call be rescinded. send it to the President for signature will never get out of debt. We will The PRESIDING OFFICER (Mr. never get out of debt with more than 15 next week. FRANKEN). Without objection, it is so Most of us have seen Ron Howard’s million people out of work. We know it ordered. dramatic film starring Tom Hanks is substantially more than 15 million. Mr. NELSON of Florida. Mr. Presi- called ‘‘Apollo 13.’’ Tom Hanks played We know there are millions of others dent, I ask unanimous consent to speak who have exhausted their benefits. the commander of that mission, who as in morning business for up to 20 When folks talk about the deficit and was Jim Lovell. Remember, that was minutes. leaving the deficit for our children, we The PRESIDING OFFICER. Without the mission, Apollo 13, where en route will never get out of debt in this coun- objection, it is so ordered. to the Moon there was a major explo- try until people get back to work, until sion onboard. We thought we had basi- NASA AUTHORIZATION they have good-paying jobs. And in be- cally three dead men because how were tween time, we will not move this Mr. NELSON of Florida. Mr. Presi- we going to bring them back. It is one economy forward until we are helping dent, this is a big day because in the of the greatest space successes coming people to keep going in this recession. House, they are about to consider the out of failure because, real time, astro- We know from the economists that NASA bill we passed by unanimous nauts back in Houston and the engi- for every $1 we put into the kinds of consent in the Senate back in the first neers all over America—at the cape, at benefits we are talking about in this week of August. It is on what is called Houston, all in different NASA facili- bill, we are stimulating more than $1.40 the consent calendar in the House ties, the industries, the aerospace cor- into the economy. So it more than which, in order for any of the six items porations—they all came together try- pays for itself by the economic activ- on that consent calendar to be consid- ing to figure out how we were going to ity, and it is viewed as one of the top ered, they have to pass with a two- get this crippled spacecraft back that two best ways to stimulate the econ- thirds vote. They are generally items had just lost its power, that had just omy in a recession: to put money in that are less controversial in nature. It lost its engines. Of course, that is one the pocket of people who have to spend is certainly my hope that is going to be of the great success stories, that they it because they do not have a job. the case later this afternoon when the I deeply regret that one more time it brought it back, and ‘‘Apollo 13’’ House takes up the NASA authoriza- chronicles that enormous success. is ‘‘object’’ and it is ‘‘no’’ under the tion bill. Tom Hanks, who is playing Jim false argument that somehow we can- This is so important because the new Lovell—in a part of the film, a person not afford to stimulate the economy, fiscal year starts this Friday, October asks Jim: to understand that this is about Ameri- 1, and NASA is without direction. Even cans who want us to understand what though the appropriation is going to be Jim, people in my State are asking why they are going through, and to give decided in our lameduck session start- we’re continuing to fund this space program, some temporary assistance that does now that we’ve beaten the Soviets to the ing in November—probably by taking a Moon. stimulate the economy, while we are whole bunch of appropriations bills and focusing on putting people back to putting them together into what is This is back in the late sixties and work. known as an Omnibus appropriations seventies because, remember, it was Unfortunately, this is the end of a bill and therefore the funding for President Kennedy who said: We are week that demonstrates tremendous NASA would be determined at that going to the Moon. And we landed well frustration, after we were able to get point. But this bill, the authorization before the Soviet Union did. They the small business jobs bill done, and for NASA for funding, for appropria- tried, but they never could make it. We then we hear ‘‘no’’ on efforts to stop tions, is the blueprint, the roadmap. landed in 1969. jobs from going overseas, and ‘‘no’’ on Even though certain appropriations That person said: helping the people caught because their may not be available until November Jim, people in my State are asking why jobs went overseas. So I am deeply dis- we’re continuing to fund this program, now appointed. We will continue to bring or December, this gives direction to NASA to know what to do. that we’ve beaten the Soviets to the Moon. the case of these millions of people to What does Jim Lovell say? He said: the floor of the Senate. For example, in our bill—there is an Mr. President, I suggest the absence additional shuttle that is ready to fly Imagine if Christopher Columbus came of a quorum. beyond the two that are scheduled, one back from the new world—and no one ever The ACTING PRESIDENT pro tem- for November and one for February. returned in his footsteps. pore. The clerk will call the roll. That hardware is ready to go, and there If we had not had discoverers who The legislative clerk proceeded to is still additional equipment and sup- were willing to discover the unknown, call the roll. plies that we need to get to the space if they had not gone back to the new Mr. JOHANNS. Mr. President, I ask station. So our proposal in the author- world, we would not be here today. We unanimous consent that the order for ization bill is, which was agreed to by would not have this wonderful country the quorum call be rescinded. the Senate Appropriations Committee that has been built.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7699 I think it is a truth that a society out of the microminiaturization revo- heavy-lift rocket that will allow us to which does not seek to expand and ex- lution. Where did that come from? explore the cosmos, it will push it for- plore is not going to be a society that Back when we were going to the Moon, ward with a goal to fly by 2016, and it will foster freedom and creativity, in- we had to develop highly reliable sys- would make a significantly higher individuality, or progress. tems that were small in volume and vestment in commercial space ven- Think about the birth of this Nation. light in weight. That set off the micro- tures, specifically by accelerating the We are, by nature as Americans, our miniaturization revolution. development of commercial carriers to character is that we are explorers, we As a result of all these spinoffs, we take both cargo and crew to and from are adventurers. We set out and ex- have created new companies and tens the International Space Station. plored this Nation, following the long- of thousands—hundreds of thousands of Previously, NASA was going to shut ings of our souls. And each generation jobs for skilled workers. down the space station by 2015. This is born since has advanced constantly and Back in the summer, working with 2010, almost 2011. We are just com- consistently, such that today we have the White House, we developed this bi- pleting the space station. Are we going to decide where do we go next. partisan legislation to get NASA on to throw away, in 4 years, an invest- This country always had a frontier. what we think is off the wrong track ment of $100 billion? No. What this bill When John F. Kennedy announced that and on the right track. As I said in my does, upon the suggestion of the Presi- we were going to the Moon, he had an opening comments, the House is taking dent—which I appreciate so much—it is administration that was called the New up the Senate bill in about an hour, going to keep the space station alive Frontier. We remember the develop- hour-and-a-half. until the year 2020. ment of this country. The frontier de- What the President did was he de- Now we have the time to move for- veloped westward. Where is that fron- clared Mars to be the ultimate goal. ward and start to get out and explore tier now? That frontier is upward. Then The goal is not to go back to the Moon. the cosmos. The bill develops the with the discoveries we are finding in We were there 40 years ago. The goal is inspace technology that can help in the science, it is also inward. It is the dis- to get out of low-Earth orbit, get out of servicing and reusing of equipment to covery of matter. It is the discovery of Earth’s environment, and to explore lessen the need to launch from Earth the workings of the human body and the cosmos. The Senate bill provides for future trips. By that I mean we how to keep it healthy. And it is the the blueprint for NASA to lead the way take this heavy-lift vehicle, we get exploration upward of space. for humans to explore beyond low- components up into low-Earth orbit, What President Kennedy said was: Earth orbit. and in the zero gravity of the orbit The exploration of space will go ahead, We recognize that more nations and with the capability of on-orbit refuel- whether we join in it or not. more commercial operators can get ing, we can put spacecraft together up He said: into space. Look at all the private there and not have to expend the en- It is one of the great adventures of all services now that you can get from a ergy to get out of gravity when we go time—and no nation which expects to be the satellite: photographs of the ground, out to an asteroid or we go out ulti- leader among other nations can expect to photographs of buildings—incredible— mately to Mars. It requires that this stay behind. high-resolution photography. You can heavy-lift vehicle be designed to get us Since those prophetic words of Presi- buy that from private companies. to other points beyond low-Earth orbit dent Kennedy back in the early sixties, The Presiding Officer used to be a in a flexible path to Mars. when the Soviet Union had beat us into major radio broadcaster off of a sat- Rather than throw away the invest- space with the first satellite and then ellite radio. Where do you think that ments and capabilities that have al- beat us into space with the first human comes from? That was developed with ready been developed in this space to orbit, we see what this Nation has technology that came out of the early shuttle, we direct NASA in this bill, to done. Look at what we have received days of the space program. That has pursue an evolvable heavy-lift vehicle, on Earth from the first 50 years of ex- been perfected and is now a multibil- one you can build from the existing ploring space. We went to the Moon, lion-dollar business that employs technology but you can improve that and we have gone beyond. We have Americans. Clearly, the Cold War hardware. gone out of the solar system with ex- shaped our space program to begin At the same time, we insist that it be ploring satellites, spacecraft. During with—we against our adversary, the affordable. Designing and building this time, this space program has pro- Soviet Union, the two nuclear-tipped within a budget is obviously the new duced thousands of scientists, mathe- nations. Look now. We have built the challenge for NASA. NASA, too long in maticians, and engineers. And it has International Space Station with the the past, has blown through budgets. It helped make our Nation one of the Russians and 14 other nations. is a different day. It is a different dis- most advanced and powerful in history. Now we have the space station there cipline. That discipline is going to be It has advanced the cause of science, but the shutdown of the space shuttle needed at NASA. and it has dramatically improved the coming in another year. The space sta- Our objectives are now beyond just quality of life on the surface of the tion is being completed in its construc- getting to and being in space. We must Earth. tion, but NASA was starved over the now answer some questions. Can we Why do you think we have the GPS last decade, and we do not have the harness new sources of energy in space that can tell us, at a moment, the pin- new rocket ready. This legislation is for use there and for use here on Earth? point location of where we are? Why do going to reduce the time we have to de- Can we sustain human life on distant you think we now take it for granted pend on Russia for access to space, journeys? Present technology would to turn on our TVs and have instant, even though they have been a good take us 10 months. A crewmate of mine uninterrupted communication on the partner, and their Soyuz spacecraft is a is working on a plasma rocket that will other side of the globe real time? Why reliable way to get to and from the take us to Mars in 39 days. But the fact do you think we take it for granted space station. It is going to shorten the is, once we are there, we have to be on that we turn it on if we hear of an in- time we have to depend just on them to the surface of Mars for a year. Why? bound hurricane and that we can also get to the International Space Station. Because of the alignment of the plan- monitor climate change? As a result of this new legislation, ets, to get Mars back closest to Earth We now, fortunately, have airbags in many of the space centers that would for the return trip. Can we sustain that our automobiles. We have modern med- receive huge layoffs—and as I said at human life? Can we develop the tech- ical miracles such as kidney machines the outset, there are 1,100 pink slips nology for those journeys? What about and heart ultrasound equipment and that have been delivered and take ef- all the cosmic radiation from the Sun— LASIK surgery. Where do you think all fect tomorrow afternoon just at the nuclear explosions. You can’t fry your these things came from? They came Kennedy Space Center and 1,000 or so astronauts with radiation on the way from the spinoffs of the development of more are coming at the Johnson Space to Mars. Can we establish permanent technology for the space program. Center and other space centers around. outposts beyond Earth? Look at a little watch such as this, So what our legislation will do is it Our vision is, we are going to explore which I have had for years. That came will push NASA’s development of a new asteroids, possibly go back to the

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7700 CONGRESSIONAL RECORD — SENATE September 29, 2010 Moon, and then to the surface of Mars, So take that notion of a filibuster Supreme Court. But find a line and a as this country, as the leader, and the and continuous speaking and set that method to expedite nominations. rest of humanity journey toward the aside because that is not the way it Second, reduce the use of the filibus- ultimate destiny in the stars. works in this body. The way it works is ters on motions other than final con- I yield the floor. if a single Senator objects to the reg- sideration of a bill. There should not be The PRESIDING OFFICER. The Sen- ular order of 51, then the majority a question about whether we get to the ator from Oregon. must obtain a supermajority of 60 to point of debating a bill or whether we Mr. MERKLEY. I ask consent to proceed. That is why you do not see get to vote on amendments because at speak in morning business for up to 15 folks holding the floor day and night to each of those points, everyone would minutes. block a vote—because they do not have obtain or retain the final power to op- The PRESIDING OFFICER. Without to. It is because the burden is on the pose or trigger a supermajority on the objection, it is so ordered. majority to get 60 votes to proceed. final vote. THE FILIBUSTER This does a lot of damage. It does a Then, in regard to the ability to pro- Mr. MERKLEY. Mr. President, we lot of damage in terms of delay because ceed to trigger a supermajority on the are only a few weeks away now from when that single Senator says I object final vote, put the responsibility the November elections. Therefore, this to the regular order of 51 and demands squarely on the minority. It should not is a time for reflection. For me, it is a 60, not only under the rules do they be the majority’s responsibility to get time to recognize I am nearly through trigger a 60-vote requirement but they a supermajority. At least those who my first 2 years as a Senator. I must also trigger a 1-week delay. are objecting should have to maintain say it is an incredible privilege to come So you can imagine on a single bill, a large number of Senators continu- and be part of this debate among these such an objection on a motion to pro- ously on this floor day and night. If 100 colleagues, representing our 50 ceed, an objection on one or two they believe so much that it is so States. amendments, objection on final pas- wrong to proceed to a final vote, they It is also time to ponder whether sage, and you now have a month wast- should have the courage and dedication that debate works as well as it might. ed in this body without a final vote, to be here in a substantial number day The Senate is famed as the greatest de- with no terrific intervening debate be- and night to make their point to the liberative body in the world, but I have cause those who are objecting do not American people. seen too little deliberation and too need to stay on the floor and make Let the American people respond to much dysfunction. At this time, as we their case. Not only does this do a tre- that demonstration of saying: Yes, we prepare to return back home to our mendous amount of damage to our re- are with you or, no, we are not, and let citizens, to talk to our folks back home sponsibility as a Congress, as a legisla- that final vote happen. We have an about the upcoming elections and the tive body, but it does a lot of damage issue about participation of the minor- ideas they have, it is also time to think to the other branches of government ity, and this is an extremely important about when we come back, after these because it means we cannot process the point. I have heard many of my col- elections, after a new Congress comes nominations for the judicial branch. leagues across the aisle say: We are not in next January, how can we make this So, many judgeships are sitting empty guaranteed the opportunity to have Senate work better as a deliberative as a result. amendments. Well, that is a fair point. body. It means we cannot proceed to the What if we were to have in this body a My perspective is affected not just by nominations of folks for the executive fallback rule so that if the majority the time I spent here since January branch. So a President probably gets leader and the minority leader could 2009 but by the perspective of first com- the Secretaries in place, but often the not reach agreement on the number of ing here in 1976 as an intern for Sen- second and third tier positions that de- amendments and the content of those ator Hatfield. So I thought I would velop the policy and execute the work, amendments to be considered, that compare the use of what is commonly implement the plans, those positions there would be a fallback position that termed the ‘‘filibuster’’ between the are often vacant. There is nothing in both parties would get 5 amendments, 1975–76 session and our last complete our Constitution that says the right to or both parties would get 10 amend- session, the 2007–2008 session. We had in advise and consent and indeed the re- ments, so that we could proceed back that 2007–2008 session the use of the fil- sponsibility to advise and consent gives and forth—a Republican amendment, a ibuster on amendments 30 times. But if this body the right to do damage to the Democratic amendment, a Republican I turn the clock back to 1975–1976, 35 other two branches of government. In- amendment, a Democratic amendment, years ago, the number was zero. There deed, it is an abuse of our responsi- a debate for an hour and a vote, debate were zero filibusters. Then, on motions bility to do so. for another hour and another vote, to proceed, there were 3 in 1975–1976; There are a number of things we therefore, having to respond and take there were 49 in 2007–2008. should think about. I would like to ap- positions on the issues of the day rath- You get the picture. Not only is there plaud my colleagues who are putting er than seeing this Chamber, without a huge increase in the use of the fili- forward so many ideas: CHUCK SCHU- action, paralyzed. buster to block final votes but also a MER, the chair of the Rules Committee, These are the types of ideas that we huge increase to stop votes on amend- is holding hearings; TOM UDALL, who is need to wrestle with. We who are privi- ments and a phenomenal increase to carrying our red rule book and study- leged to be here as delegates from our stop getting to a bill at all. Again, it ing it and thinking about the ways we States have a responsibility to our citi- was only used 3 times 35 years ago but can change this body; AMY KLOBUCHAR, zens not just in our State but all the 49 times in the 110th Congress. who has recognized for a long time that citizens of this Nation to make this We cannot have a democracy that dysfunction is different than delibera- Chamber the deliberative body that works if we can’t debate and vote on tion; MICHAEL BENNET from Colorado, was envisioned by the Framers of our bills. I have been pondering this. I have and many others—my colleague, AL Constitution. been pondering how first we need to FRANKEN, who is presiding. So many in That is why next January, when we understand how these rules work. I the freshman and sophomore classes come in to start the next session, the used the term ‘‘filibuster,’’ and indeed recognize this body needs to change so 112th Congress, we need to have a with that term everyone pictures ‘‘Mr. we can do the work we are expected to major debate over our rules. We need Smith Goes to Washington.’’ He stops a do by the American people. to recognize that under the Constitu- vote by continuing to speak, hour after So what are some of those ideas? One tion it only takes 51 Members of this hour. But that is not actually how the is to greatly reduce the use of the body to adopt new rules. But in that rules work in the Senate. The responsi- supermajority, which I will call it, be- context we have to do honor to the bility to block a vote, if you will, is not cause it is a much more accurate de- ability of the minority party, which- by those who object to the regular scription than the filibuster. Reduce ever party that is, to fully participate order, who object to a vote of 51, but it the use of the filibuster on nomina- in the process. is on the majority to summon a super- tions. Perhaps it should not be used on This situation in which the House majority. any nominations except perhaps to the passes 300 bills that never see the light

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7701 of day, never see consideration in the that has suffered from severe dysfunc- are expeditiously implemented and Senate because we cannot get anything tional mismanagement and lack of es- that management of the cemetery will done on the floor of the Senate, must tablished policies and procedures. be fixed and fixed soon. end. We have a responsibility to restore I was shocked. I remember during the I am hopeful my Senate colleagues this body to being the greatest delib- hearing that they actually still keep will join me and Senator MCCASKILL in erative body on the planet. all of the information on little cue supporting this very important piece of I yield the floor, and I subject the ab- cards, on little index cards. I mean, I legislation. I hope this is one piece of sence of a quorum. have something that is a piece of mod- legislation we can all agree on and get The PRESIDING OFFICER. The ern technology that we can keep every- done and send a powerful message to clerk will call the roll. thing on in an instant, the way that we the families and the service men and The assistant bill clerk proceeded to communicate around the world in an women who are serving that we are not call the roll. instant. My kids are using it; my going to let this happen any longer. Mr. BROWN of Massachusetts. Mr. grandkids are using it. Yet here we are, I yield the floor and suggest the ab- President, I ask unanimous consent in one of the most historic cemeteries sence of a quorum. that the order for the quorum call be in our country, honoring the people The PRESIDING OFFICER. The rescinded. who have given their lives through clerk will call the roll. The PRESIDING OFFICER. Without service, and we are on index cards. Not The assistant bill clerk proceeded to objection, it is so ordered. only that, we are burying them in the call the roll. MANAGEMENT OF ARLINGTON NATIONAL wrong grave. Mr. DORGAN. I ask unanimous con- CEMETERY Some graves do not even have bodies sent that the order for the quorum call Mr. BROWN of Massachusetts. Mr. in them. I mean, come on. Give me a be rescinded. President, I am here to talk just brief- break. This bill establishes strict and The PRESIDING OFFICER. Without ly about an issue to which I think I recurring congressional reporting re- objection, it is so ordered. have actually found the solution, the quirements for the Secretary of the SENDING JOBS OVERSEAS one thing that I think we can all agree Army to provide progress on correcting Mr. DORGAN. Mr. President, today I on, and maybe either before we leave or the management, operations, burial wish to describe my disappointment at during the lameduck we can work to- discrepancies, and contracting issues the vote yesterday, a vote on whether gether on something I think is trou- at the Arlington National Cemetery. we were going to shut down the drain bling for everybody of both parties. The act also requires the Comptroller in this tub of ours down which we are I rise to speak today about an ex- General to report on the management draining American jobs. We are trying tremely important issue that has both- and contracts of Arlington National to create jobs and put new jobs into the ered me as somebody who continues to Cemetery and the feasibility and advis- economy. Now what we have discovered serve in the military, and others who ability of transferring Arlington Na- is that the drain is wide open. Even as have any affiliation with the military tional Cemetery to the Veterans’ Ad- we talk about this, we have American or care deeply as to how our military ministration. jobs going overseas in search of cheap servicemembers are treated after they The enactment of this act will also labor. We actually give a tax break in give the ultimate sacrifice; that is re- provide the appropriate congressional our IRS Code for allowing companies to garding the severe mismanagement of oversight to make certain that those shut their American plant, get rid of the Arlington National Cemetery, responsible for managing the cemetery their American workers, and move jobs which has resulted in the mishandling are being held accountable and meet- overseas. We tried very hard to change of remains of many of America’s fallen ing the highest standards when it that. I have tried that in the past on heroes who have served our country comes to ensuring the proper burial of four occasions. Yesterday was the fifth and given their lives to keep our Na- America’s fallen men and women. vote to say, at least let’s stand up for tion safe and our citizens free. We absolutely cannot let this happen American jobs. Let’s not give a tax I want to first take a moment to rec- again at Arlington National Cemetery break to move American jobs outside ognize the work of Senator MCCASKILL, or any other cemetery. As I said ear- of the country, especially at a time the chairwoman of the Senate Home- lier, as a 30-year member of the Army when millions of Americans are out of land Security and Governmental Af- National Guard, I have tremendous re- work. Let’s not do that. fairs Subcommittee on contracting spect for the men and women serving The proposal was to shut down that oversight on this issue. She and I have in our Armed Forces. I know you do, unbelievable tax break. The vote was, held a hearing on this matter. I have to too, and every other person in this no, we can’t do it. Apparently on the tell you, it was one of the more frus- Chamber does who has made the ulti- floor of the Senate there is plenty of trating hearings I have ever partici- mate sacrifice, as well as the families support for Chinese jobs. I didn’t notice pated in, to listen to some of the re- who provide the support to allow them anybody got up in the morning to come sponses, the cavalier answers and lack to do their jobs. to this Chamber to support Chinese of dignity paid to the reason we are all These systematic problems at the jobs. It seems to me the hard work here here. Then to learn that through inves- cemetery have tarnished the sacred is to support American jobs. tigation, the causes of the absurd mis- trust and are extremely troubling. Ev- I see the two leaders. When they wish management and oversight lapses at eryone entrusted with the solemn obli- to seek the floor, I will continue my the cemetery. During that July 29, 2010, gation has to ensure that the heroes discussion. hearing, we took the first step of get- buried at Arlington National Cemetery I can’t tell you how disappointed I ting to the bottom of what was going receive the utmost dignity and respect am. Every member of the minority on and working to identify real solu- this country can offer. voted against a bill that stands up for tions that will make sure this never Our legislation will help restore that American jobs and shuts down the tax happens again. so servicemembers’ families will never, break for moving jobs overseas. We did I am pleased to be on the Senate ever again have to endure such dev- get 53 votes. In other eras of the his- floor today to announce the introduc- astating emotional turmoil. I can’t tory of the Senate, that would be tion of legislation, Mr. President, I even imagine what it would be like to enough to pass legislation. Here it is hope you will jump on and cosponsor to say: I am going to visit my loved one, not because everything needs 60 votes. address these issues and to remedy the and walk in the cemetery and learn the Let me yield the floor with the un- problems at Arlington National Ceme- place you have been going for years, derstanding that when the leaders are tery, which I am proud to sponsor with your loved one isn’t even there or is completed with their work, I know Senator MCCASKILL. maybe over there. The cavalier atti- they have some important work trying I am sure I do not have to remind ev- tude of the people controlling this op- to wrap up the business of the Senate, erybody listening and watching and eration makes me deeply troubled. I want them to be able to do that, and anyone who serves here after all the re- Our legislation will provide assur- then I will be recognized when their ac- ports that continue to be in the news ances to our military members and tivity transpires. about Arlington National Cemetery their families that corrective actions I yield the floor.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7702 CONGRESSIONAL RECORD — SENATE September 29, 2010 The PRESIDING OFFICER. Without were not able to get sufficient votes in this orchestra, assisted with arrange- objection, it is so ordered. the Chamber, 60 votes to shut down a ments. The concert In Pyongyang was The majority leader. tax provision that rewards people who broadcast live on State radio and tele- Mr. REID. Mr. President, I ask unan- actually move their jobs overseas from vision. They played music by George imous consent that all postcloture this country. I won’t go through the Gershwin in North Korea’s capital, time be considered yielded back and presentations I made previously, but it even played the Star-Spangled Banner. the motion to proceed to H.R. 3081 be is quite clear that we need, on behalf of I saw the video. The audience contin- agreed to; that the Senate then proceed the American people, to say: Our job is ued to applaud long after the orchestra to the consideration of H.R. 3081; that to stand up for jobs in this country. had completed its music and left the the bill be considered under the fol- Our work is to help people get back to stage. lowing limitations; that the only work here and to support businesses This is a photograph of Hanoi, Viet- amendments in order be the following: which produce in this country, which nam in 2009. Inouye substitute amendment, which is decide to rent the building and hire the The New York Philharmonic orches- at the desk, and that once the amend- employees and produce here. That is tra performed there, in Hanoi, Viet- ment has been reported by number, it what we ought to stand for. Yet those nam. The demand for tickets was so be considered read and not subject to who produce here and stay here are at great they simulcast the concert live division; Inouye title amendment; a disadvantage, because there is a tax out on the streets of Hanoi. DeMint amendment regarding extend- break given to those companies that The only country in the world in ing length of time on the continuing move overseas and hire foreign workers which the Philharmonic, at this point, resolution; Thune amendment regard- and then sell back into this country. is not able to perform in is Cuba. They ing reducing spending levels; that this That was the debate yesterday and the had to cancel a previous visit to Cuba amendment not be subject to a divi- vote. Regrettably, not one Member of in October 2009. It was planned. But it sion; that general debate on the bill be the minority voted with us. That is a was cancelled because they could not limited to 2 hours equally divided and profound disappointment. We will all get a license from our government to controlled between Senators INOUYE get over that. But the people who are travel to Cuba. and COCHRAN or their designees; that unemployed will not, if these jobs keep The U.S. government allows anyone, debate on each amendment be limited moving overseas. That is the point. including an orchestra, to travel to to 30 minutes, equally divided and con- NEW YORK PHILHARMONIC IN CUBA North Korea, to Iran, to any other trolled in the usual form; that upon the I did want to come for another rea- country in the world; but you have to use or yielding back of all the time, the son. I will do this quickly. A long while have a license to travel to Cuba. Why is Senate proceed to vote with respect to ago I was on the floor talking about that the case? Because the Castro the amendments to the substitute in something that I think should happen, brothers have stuck their fingers in the order in which they were offered; and it needs the approval of this gov- America’s eye for a long time. We have that each of the amendments to the ernment to make it happen, the ap- an embargo against the country of substitute amendment be subject to an proval of a license to make it happen. Cuba, and we decided we were going to affirmative 60-vote threshold and that That is for the New York Philharmonic take care of the Castro brothers in if they achieve that threshold, then to be able to perform in Havana, Cuba. Cuba by punishing the American people they be agreed to and a motion to re- It would be a wonderful thing. They and restricting their right to travel to consider be laid on the table; that if had to cancel a previous appearance be- Cuba, unbelievably, in my judgment. they do not achieve that threshold, cause they couldn’t get a license from We say to the American people: We are then they be withdrawn; that upon dis- their government to allow them to do going to fix you. We will restrict the position of the amendments, the sub- it. rights of the American people to travel stitute amendment, as amended, if Let me describe with a couple charts to Cuba. So they have. amended, be agreed to, the bill, as what brings me to this point and the Senator ENZI and I have a bill with a amended, be read a third time, and the reason I want to talk about it for a mo- large number of cosponsors in the Sen- Senate then proceed to vote on passage ment. This is in the middle of the Cold ate that would lift that travel restric- of the bill; that upon passage, the title War with Russia. This is Leonard Bern- tion. amendment which is at the desk be stein and the New York Philharmonic The reason I brought this issue to the considered and agreed to; further that shown here performing in Moscow in floor of the Senate today is, I feel it is no Budget Act points of order be in 1959. It is the oldest symphony orches- time to get a positive answer from this order to the substitute or the bill. Fur- tra in America, since 1842, one of the government—the Treasury Department ther, that if there are any sequenced most renowned cultural ambassadors and the State Department—to give a li- votes, then there be 2 minutes equally for this country. It has performed all cense to the New York Philharmonic to divided and controlled in the usual around the world in 59 countries on 5 make this trip and perform in Havana, form prior to each vote and that after continents. It performed many times in Cuba. They should not have to keep the first vote, the remaining votes be Communist countries with the full cancelling their plans because of U.S. limited to 10 minutes each. blessing of the U.S. Government. At government restrictions. I also want everyone to understand it the height of the Cold War the orches- Some say: Well, what is the dif- is my understanding Senator LEMIEUX tra was enthusiastically received in ference? What matter does it make if wants to offer an amendment by con- Moscow. The audience applauded for 30 they are not able to travel? Do you sent to this agreement I just read. minutes following their performance. know what? If you watch the DVD of Mr. MCCONNELL. Mr. President, it is Conductor Bernstein took the New the New York Philharmonic per- my understanding he will offer that York Philharmonic to Moscow. Think forming in North Korea in 2008, and later. We can proceed then. of it. then take a look at the clips and the The PRESIDING OFFICER. Without In addition to performing in Moscow, pictures of them in Moscow in 1959, and objection, it is so ordered. the New York Philharmonic has per- then ask yourself whether it makes a The Senator from North Dakota. formed elsewhere. They have per- difference for us to be able to send, in SENDING JOBS OVERSEAS formed in North Korea. I have seen the a cultural exchange, this wonderful, Mr. DORGAN. Mr. President, this DVD of that performance. It was quite unbelievably world-class orchestra to unanimous consent agreement means extraordinary, February of 2008 in the perform in these countries. I think it we are now on a timeline to finish pass- capital of North Korea, the first ever makes a difference. ing a continuing resolution very soon. concert by a U.S. orchestra within the We are in a circumstance at the mo- I appreciate the work everyone has boundaries of that secretive state. We ment where if you do not have a license done. I do want to finish what I was know that there is a lot wrong with to travel to Cuba, violators, U.S. citi- saying. North Korea, but the conductor and the zens, can be fined up to $50,000 by their It was a profound disappointment to president of the Philharmonic told me government. It does not make any me that after all of this time, going and a group of Senators that the State sense to me. That needs to change. back 9 years and five votes, that we Department encouraged the visit of Criminal penalties could be $250,000 and

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7703 10 years in prison for violating the know Senator INOUYE shares my feel- unable to reach a bipartisan agreement travel ban. We need to change all that. ings that we must, before the end of to do so. But I can assure my col- In the meantime, I believe this gov- this year, address both of these issues. leagues that everything essential to ernment needs to provide a license, and Mr. President, I yield the floor. continue government services has been they can do it under existing cir- Mr. INOUYE. Mr. President, I wish included. cumstances without changing the pol- the RECORD to show that I concur fully Time is short, and we have before us icy at all. They need to provide that li- with my colleague and that I will do a clean CR that has the bare minimum cense to allow the New York Phil- my absolute best to see that his views of exceptions necessary to avoid dis- harmonic to be able to perform in Ha- are carried out. ruptions to government services that is vana, Cuba. I am talking to the Treas- f approximately $8.2 billion below fiscal ury Secretary and the Secretary of year 2010 levels, and that has the ap- DEPARTMENT OF STATE, FOREIGN State and asking for their cooperation. proval of both the majority and minor- OPERATIONS, AND RELATED This is not something that is difficult. ity leaders. This can be allowed under existing PROGRAMS APPROPRIATIONS I urge my colleagues to vote to sup- rules. Members of the New York Phil- ACT, 2010 port this CR and to send it to the harmonic, and those who work with The PRESIDING OFFICER. Under House as quickly as possible. them and those who sponsor them, who the previous order, the motion to pro- I reserve the remainder of my time, would participate fully in the youth ceed is agreed to and the clerk will re- Mr. President. programs in Havana, Cuba, can be, in port the bill. I suggest the absence of a quorum. my judgment, approved with a license The legislative clerk read as follows: The PRESIDING OFFICER. The from the Treasury Department. I hope A bill (H.R. 3081) making appropriations clerk will call the roll. Secretary Geithner understands that for the Department of State, foreign oper- The legislative clerk proceeded to and will take appropriate action. I ations, and related programs for the fiscal call the roll. know the Secretary of State wishes to year ending September 30, 2010, and for other Mr. INOUYE. Mr. President, I ask purposes. see this happen. I believe the Treasury unanimous consent that the order for Secretary would as well. I hope within The PRESIDING OFFICER. The Sen- the quorum call be rescinded. days they will make it happen. ator from Hawaii. The PRESIDING OFFICER. Without I intend to work next week with all Mr. INOUYE. Mr. President, today is objection, it is so ordered. of those principals to see if at last, at September 29, which means that fiscal Mr. INOUYE. Mr. President, I ask long last, we might be able to resolve year 2010 will come to an end tomorrow unanimous consent that the time ex- this issue. This makes no sense to me, at midnight. We should all keep that in pended during the quorum call be to decide that the way we are going to mind because in order to avoid a gov- equally divided on both sides. conduct diplomacy is to prevent our ernment shutdown, the Senate must The PRESIDING OFFICER. Without Philharmonic Orchestra from playing act now to send this essential legisla- objection, it is so ordered. in Havana, Cuba, given the fact they tion to the House of Representatives. Mr. INOUYE. Mr. President, I suggest have played in the capital of North I do not believe any of my colleagues the absence of a quorum. Korea, in Russia, in Vietnam, and wish the Government of the United The PRESIDING OFFICER. The more. States to be shut down on Friday, so I clerk will call the roll. Mr. President, I was going to talk a am hopeful we can avoid unnecessary The legislative clerk proceeded to little about energy and my profound amendments and work in a bipartisan call the roll. disappointment that we are going to fashion to pass this CR and send it to Mr. CORKER. Mr. President, I ask end this session without having done the House. unanimous consent that the order for something in energy, and how some of This is a clean continuing resolution the quorum call be rescinded. us are trying very hard between now that includes only those exceptions The PRESIDING OFFICER. Without and the lameduck session to at least that are critical to allow the govern- objection, it is so ordered. get what is called a renewable elec- ment to carry out its responsibilities. I Mr. CORKER. Mr. President, I want tricity standard or at least perhaps get would note that according to the CBO to speak for a few minutes. My under- that plus the Electric Vehicle Deploy- scoring of this bill, this resolution will standing is that Senator THUNE is comment Act moving so we can advance fund the government through Decem- ing to the floor in a moment to offer an our country’s energy interests. I will ber 3, 2010, at a rate that is approxi- amendment to the continuing resolu- find another time to talk about that mately $8.2 billion below fiscal year tion that would reduce spending in the issue. 2010 enacted levels. continuing resolution by 5 percent on I do want to finally say, in addition, Vice Chairman COCHRAN and I have discretionary items that are non- before this Congress adjourns sine die done our best to ensure that this CR in- defense oriented. at the end of the year, there must— cludes only the bare minimum of what I want to say that I just came from a there must—be a solution to two is necessary to continue government meeting with Chairman Bernanke talk- things. One is the Cobell settlement, operations until Members on both sides ing about our debt situation. I know we because American Indians deserve that of the aisle are able to work out their have a Deficit Reduction Commission settlement. It has been negotiated, is differences and complete action on this right now that is working on that and done, is ready. This is an abuse of 120 year’s appropriations bills. will have a report due on December 1. and 150 years. It must be corrected, and In addition, the CR extends the tem- But I think everyone in this body un- that settlement needs to be done. No. 2, porary assistance for the Needy Fami- derstands it is a huge issue for our what is called the Carcieri fix needs to lies block grant program, which pro- country and that right now the mar- be resolved. vides necessities such as food and kets have allowed us to have lower in- My colleague, the chairman of the clothing for those hardest hit by the terest rates because we are considered Appropriations Committee, well under- struggling economy. This resolution to be a safe haven. But the fact is, at stands this. Every Indian tribe that also extends the current GSE loan lim- some point in time we all understand was recognized after 1934 has every par- its, to prevent a disruption of the home this is going to disconnect and, in fact, cel of land they took into trust since mortgage market. Finally, this meas- we will pay higher interest rates be- that time now in legal question. The ure will fund current military oper- cause of our lack of ability to control Congress cannot possibly leave this ations for the next 2 months, ensuring our spending. session without addressing that issue. that our soldiers, sailors, airmen, and I think a great first step for us to be The issue arises from a court decision marines will have what they need to able to walk into—hopefully, some- that in my judgment was wrong, but it carry out their missions. thing constructed by the Deficit Re- places in jeopardy a wide range of fa- While I know there are many addi- duction Commission and, if not, by our cilities on Indian reservations with re- tional matters which the administra- own actions this next year, where we spect to the status of their property tion and other Members of the Senate know the No. 1 issue that threatens our ownership and their lease. I hope and I wish to have included, we have been economic security in this country—and

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7704 CONGRESSIONAL RECORD — SENATE September 29, 2010 by virtue of threatening our economic appropriations bills on the floor. We that to happen. The majority leader security, it threatens our national se- have a $13.5 trillion debt and a deficit only wanted to consider don’t ask, curity—is the huge amount of spending of nearly $1.4 trillion. Yet we have not don’t tell, secret holds, and the that is taking place. I think we have debated a single spending bill or con- DREAM Act, and then take the bill off all seen throughout the country what I sidered any amendments that would the floor and wait until—guess what— would say is a very centered and deep cut costs or get our debt under control. after the elections. That is not how concern about the amount of money we Furthermore, the majority decided this body should operate. We should spend here in Washington. they just didn’t feel like doing a budget consider all amendments. We would I want to say, anybody who thought this year, so we didn’t do a budget this agree to time agreements. And if there last year’s appropriations bills were far year. are tough votes to be taken, that is higher than they should have been On top of all of this, the majorities in why we are sent here—to take tough should support the Thune amendment. both Houses have decided there will be votes. The fact is, what we are actually doing no debate, no vote on extending the tax We should debate and vote on wheth- by virtue of the CR that has been of- cuts that are due to expire at the end er to extend the tax cuts, as I said. fered is we are actually continuing of this year. On Monday of this week, Each day this issue is left unresolved, spending at 25 percent of our gross do- the New York Times published an edi- millions of American taxpayers and mestic product, which is a full 5 per- torial called ‘‘Profiles in Timidity.’’ small business owners are left without centage points above our historic 50- The editorial stated, in part: the ability to properly budget for the year average of 20.3 percent. We are starting to wonder whether Con- next year. I think the Thune amendment is an gressional Democrats lack the courage of At a townhall meeting, a guy stands appropriate first step. I think all of us their convictions, or simply lack convic- up and says: I am a CPA. I make a liv- in this body know that over the course tions. ing advising people how they should Last week, Senate Democrats did not even of the next couple years we are going bother to schedule a debate, let alone a vote, adjust their estates and their expenses to have to take Draconian steps to rein on the expiring Bush tax cuts. This week, and their investments based on, at in spending, which has been out of con- House Democrats appeared poised to follow least in part, what kinds of tax liabil- trol. We are operating this year with- suit. ities they will be facing. I can’t do my out even a budget. The New York Times goes on to say: job because we don’t know. I do not cast blame. I just want to This particular failure to act was not The environment of uncertainty is focus on solutions. The very best way about Republican obstructionism . . . This holding back investment and job cre- we can start walking toward a solution was about Democrats failing to seize an op- ation in this country, and at least the that ensures continued economic secu- portunity to do the right thing and at the people of this country should have the rity in this country is to support the same time draw a sharp distinction between right to know what their taxes are Thune amendment. themselves and the Republicans. going to be next year. That won’t be I am here to talk for a few minutes. Those are not my words; those are the case. I know the Senator from Arizona has the words of the New York Times. Let me return for a minute to the just stepped on the floor. I think the Anyone who converses with people in continuing resolution and the very se- Thune amendment is thoughtful. I the business community around this rious concerns I have about one of its hope all of us on both sides of the aisle country, whether it be small provisions. According to the Appropria- will consider it thoughtful, and that we businesspeople or whether it be the tions Committee and press reports, sec- will get behind it. largest, all of them will say the same tion 146 of this bill would authorize I yield the floor, Mr. President. thing: We have no certainty about Fannie Mae and Freddie Mac to con- The PRESIDING OFFICER. The Sen- what the financial future will hold, tinue buying and guaranteeing mort- ator from Arizona. whether we will see tax increases or gages up to $730,000 in expensive hous- Mr. MCCAIN. Mr. President, obvi- whether we will see tax cuts. What ing markets through September of next ously we are 1 day away from the end about the estate tax? What about all of year. Under current law, that amount of the fiscal year. We have before us a these other ‘‘tax cuts’’ that will or will was scheduled to drop to $625,000 at the continuing resolution, better known as not be extended? end of this year. One would think that a CR. It totals over $1.1 trillion to fund So rather than act one way or the by now we would all be sensitive to the the operations of the Federal Govern- other, we have now punted the ball disastrous fiscal implications of ment through December 3, after the down the field until after the election. Fannie’s and Freddie’s performance elections. At least we should have taken it up and find ways to rein them in rather In addition to continuing appropria- and debated and voted. I will stand by than maintain or expand their oper- tions, this measure also includes nu- my vote to extend all the tax cuts be- ations. Fannie and Freddie are synony- merous authorizing provisions from the cause I don’t believe we should increase mous with mismanagement and waste fiscal year 2011 Defense authorization anybody’s taxes in tough economic and have become the face of too big to bill. We shouldn’t have to selectively times. But instead we will punt, go fail. tack important, defense-related provi- home, campaign, and then sometimes Congress had the responsibility to sions on to appropriations bills in order be curious why the approval rating of ensure that Fannie and Freddie were to meet the pressing needs of the Congress is somewhere in the teens. properly supervised and adequately Armed Forces. We have no business at the eleventh regulated. Congress failed, and the dev- The majority has decided to wait hour considering a continuing resolu- astation caused by that failure con- until the very last minute to bring this tion so we can pack up and go home. tinues to reverberate across the Nation stopgap measure to the floor with the We should stay here, in session, and every day. hope that Members will simply vote consider each and every appropriations A recent editorial in the Dallas yes so that we can all go home and bill in regular order and give Members Morning News said: focus on the upcoming elections. I will ample opportunity to offer amend- They—Fannie and Freddie—had long ago not be voting yes. I will be voting no. ments. Following that, we should de- evolved from the modest backer of loans that If we pass this resolution, we can be as- bate the Defense authorization bill and met high underwriting standards into full- sured that we will be considering yet consider all amendments by Members, scale casino players in high-risk mortgages. another massive omnibus spending bill not just those the majority deems nec- By purchasing or backing the loans of mort- in December. The simple fact that we essary to please their base. gage companies and banks, Fannie and are considering this continuing resolu- When the authorization bill was pro- Freddie made it possible for lenders to create tion is evidence of the majority’s in- posed to be brought up on the floor of more money for new loans to new home- the Senate, on this side, we said: Let’s owners. ability to lead effectively and do the But Fannie and Freddie also conveniently people’s business. have 10 amendments on either side—10 benefited from their hybrid status: They As I said, we are 1 day from the end amendments on each side—and we will could make loans at advantageous rates and of the fiscal year. This body has not move forward with regular debate and run to Washington at the first sign of trou- considered a single one of the annual votes. The majority leader didn’t want ble. As a major political donor, they seldom

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7705 heard the word ‘‘no’’ anywhere inside the budget amendment which the com- are leaving town before we send that Beltway. mittee has to consider, and therefore signal, but that is way above my pay That is right. They seldom heard the they have to look it over. We are not grade. word ‘‘no’’ anywhere inside the belt- just cursorily rubberstamping every What I will tell you is, I can take any way. Some suggest that because of budget amendment. group of Americans and sit down and their deep pockets and generous cam- AMENDMENT NO. 4674 go through this with them and show paign contributions, Congress rou- (Purpose: In the nature of a substitute) them, without question, $350 billion tinely overlooked the growing prob- Mr. President, I have a substitute worth of waste every year in the Fed- lems at Fannie and Freddie and al- amendment at the desk, and I ask for eral Government. The amendment of lowed them to continue operating in its immediate consideration. my colleague from South Dakota is the most obscene, corrupt fashion. The PRESIDING OFFICER. The cutting less than $50 billion from what So where are we now? To date, the clerk will report. we are going to spend—in fact, we did American taxpayer has spent $160 bil- The assistant legislative clerk read it in 2008, other than for homeland se- lion to bail out Fannie Mae and as follows: curity, defense, and veterans. So even Freddie Mac, and experts estimate though I love what my colleague is those costs could rise to over $1 tril- The Senator from Hawaii [Mr. INOUYE] proposes an amendment numbered 4674. doing, it doesn’t go nearly far enough lion. Isn’t it time we phase them out of compared to what the real need is for Mr. INOUYE. Mr. President, I ask being a government-supported enter- us. unanimous consent that the reading of prise? So why in the world would we There are two real needs. One, if we provide these failing institutions with the amendment be dispensed with. The PRESIDING OFFICER. Without are going to finance the debt we have authority to continue to buy these today, we have to send a message and high-dollar mortgages? It makes no objection, it is so ordered. (The amendment is printed in today’s signal to the world that we are inter- sense. ested in getting our house back in My colleagues might recall that in RECORD under ‘‘Text of Amendments.’’) Mr. INOUYE. Mr. President, I suggest order, that we are interested in becom- May I offered an amendment to the fi- ing efficient, and interested in becom- nancial regulatory reform bill to ad- the absence of a quorum. The PRESIDING OFFICER. Will the ing austere with our taxpayers’ money. dress the serious problems surrounding The second message we need to send is Fannie Mae and Freddie Mac. The Senator withhold his suggestion for a quorum call. to those who have capital in this coun- amendment was designed to end the try; that they, in fact, can have con- taxpayer-backed conservatorship of Mr. INOUYE. I will. I did not see the Senator from Oklahoma. fidence that we are going to right this Fannie Mae and Freddie Mac by put- ship, and we will start seeing them de- ting in place an orderly transition pe- The PRESIDING OFFICER. The Sen- ator from Oklahoma is recognized. ploy some of those assets to create the riod and eventually require them to op- very jobs we so desperately want for erate without government subsidies on Mr. COBURN. Mr. President, I wish to spend a few minutes talking about the American people who do not have a level playing field with their private them today. sector competitors. Unfortunately, but where we are. There is no question the I have been here long enough to know not surprisingly, that amendment chairman of the Appropriations Com- what is going to happen. But what I failed. mittee has finished his bills, and they wish to do is register my dissatisfac- The time has come to end Fannie have not come up. But the quality of tion that we are not addressing the Mae and Freddie Mac’s taxpayer- the work doesn’t meet with the depth real problems in front of our country backed free ride and require them to of the problem we have today, No. 1; today. Instead, we are ducking out on operate on a level playing field. Fannie No. 2, it doesn’t address the concerns of tough decisions so we can go home— and Freddie continue to post loss after the American public. and I am up for reelection as well—and loss and are failing right in front of our So we are going to have a continuing get to the voters. My question is a eyes. For Congress to yet again allow resolution that we are going to pass much more powerful message than them to continue business as usual is through this body tonight, probably by going to the voters; it is us making the height of irresponsibility. a vote of about 80 to 20 or 75 to 25. But Mr. President, I yield the floor. the signal we are sending is based on hard choices that the American people The PRESIDING OFFICER. The Sen- our tin ear. We are going to continue want us to make. ator from Hawaii. spending at the same rate we have been This week, the 2010 fiscal year is Mr. INOUYE. Mr. President, a cur- spending. We are borrowing $4.2 billion coming to a close. On October 1, 2010, it sory review of the record will indicate a day under this continuing resolution. will become the new budget year. Here that the Appropriations Committee has The government now is twice as big, in is what we failed to do as a body—our 12 subcommittees. Eleven of these sub- terms of expenditures, not including fault just as much as yours. We didn’t committees have reported their bills to the war, as it was in 1999. We are not pass a budget. We didn’t set priorities. the full committee, and they have all addressing what the American people We didn’t decide where to spend and passed. They are on the desk, ready to want us to address; that is, that we where to save. We didn’t pay for new go. But something has happened in the ought to start living within our means. spending—$266 billion in the last 6 interim. I will not offer an amendment to the months in this Congress on new spend- I ask my colleagues to keep in mind bill. There are several amendments. ing that we waived pay-go on and bor- that the bulk of them—by that, I mean My colleague from South Dakota of- rowed it against our children. We nine of the subcommittee bills—were fered one that will bring us back to didn’t pass any appropriations bills. We passed by the middle of July. That is a 2008 levels, but that is not enough. The didn’t make any tough choices. We long time ago. We have had hearings fact is, we have to engage the Amer- didn’t conduct any significant over- with not one or two witnesses but hun- ican public in what is rightfully a co- sight on the waste, fraud, and abuse in dreds of witnesses. We have discussed gent criticism of the Congress; that is, the Federal Government or the dupli- and debated all of the items in the that we are allowing wasteful Wash- cation in the Federal Government. We measure, and we present that to the ington spending to go on, not by in- didn’t eliminate any duplicative or in- floor and we try to schedule them, but tent—and I am not questioning any- effective programs—not one. We didn’t there are holds and threats of filibuster body’s motives—but the fact is, we do our job. No wonder America is dis- and such. Therefore, I want the Senate have not done our job in terms of over- gusted with us. to know that the Appropriations Com- sight. What did we do? We increased the mittee has done its utmost to make We heard Senator MCCAIN talk about debt limit to more than $14 trillion. We certain that these measures are passed the tax cuts and raising taxes during a added more than $1.4 trillion to the defin the regular order. very soft economic time. The vast ma- icit and charged it to our grand- One subcommittee has not been able jority of the Americans don’t want us children. We ignored the Constitution to conclude its resolution because a to do that. I don’t know why we are not and expanded Washington’s reach into new budget agreement just came in—a discussing it, and I don’t know why we our private lives, shrinking freedom

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7706 CONGRESSIONAL RECORD — SENATE September 29, 2010 and growing government. We put our- What we have done is to say we are my colleagues. I wish to leave you with selves first and the country second. De- going to raise taxes—or at least we are one statement. spite promises from us that govern- not going to vote on raising taxes until Our children deserve to have the ment programs can solve every chal- after the election. No matter whether same opportunities in this country lenge, taxpayers are getting ripped off. you are middle income, lower income, that we have experienced. By us failing We sent $1 trillion of their income to or upper income, it makes no sense for to do the very duties that are called the Treasury this year just to watch it us to say we need more money here, upon us in a rational, straightforward waste $350 billion. At the same time, when we will not do the very simple job basis, of doing oversight of the Federal we created a lot of new programs, and of eliminating the waste. Government and making the hard some people are very proud of them. I I don’t question the motivation for choices, we abandon our oath, but, am very worried about them. But I give job training programs; I think they are more importantly, we steal the herit- you the credit that you went down the necessary. I don’t question the motiva- age that was given to us. road you thought was right and did it. tion for food programs; I think they I yield the floor. The real problem is, we are con- are necessary. But 44 and 70 different The PRESIDING OFFICER. The Sen- tinuing the same old habits. The real programs, with 70 sets of bureaucracies ator from South Dakota. issue is, until we truly understand the and 44 sets of bureaucracies? Then we AMENDMENT NO. 4676 TO AMENDMENT NO. 4674 severity of the difficulty we are in and are going to tell Americans they Mr. THUNE. Mr. President, I ask start acting like we understand it, this should pay more tax, when we will not unanimous consent to call up my ship is going to continue to sink. We even do the simple thing to save $100 amendment No. 4676 and ask that it be are not going to create the confidence million here or there. With a $30 billion made pending. in the American public or the $2 tril- program, if you save 10 percent, that is The PRESIDING OFFICER. Without lion that is sitting on the sidelines $3 billion. So all you have to save is objection, it is so ordered. The clerk will report. right now if, in fact, they had a clear one-tenth of 1 percent or three-tenths signal it would start flowing into in- The assistant editor of the Daily Di- of 1 percent. We will not even do that. gest read as follows: vestment and capital that would create I have a book full of duplicative pro- The Senator from South Dakota [Mr. jobs. grams. It is available to anybody who Last December, my office spent 3 THUNE] proposes an amendment numbered wants it. We ought to ask what kind of weeks just looking at duplicative pro- 4676 to amendment No. 4674. rating or grade would the American grams. When we passed the debt limit, Mr. THUNE. Mr. President, I ask people give us—Republicans and Demo- we agreed with an amendment I in- unanimous consent that the reading of crats alike—in terms of running the serted that the GAO would give us a the amendment be dispensed with. government, funding the government, list of those. They are starting that The PRESIDING OFFICER. Without and working to make the government work, and this February we will see the objection, it is so ordered. first large tranche of that. It is going efficient and effective. I don’t think we The amendment is as follows: to take 3 years to compile that because have any good defense. I think people’s (Purpose: To reduce spending other than the government is so big. intentions around here are excellent, national security spending by 5 percent) We ought to have a little taste, and but we never get around to the hard Strike section 101 and insert the following: the American people ought to have a work of holding the bureaucracies ac- SEC. 101. (a) Such amounts as may be nec- countable. essary, at a rate for operations as provided little taste, of what we didn’t get rid of in the applicable appropriations Acts for fis- and didn’t fix. We have 1,399 Federal Senator CARPER had a great hearing today on the Defense Department and cal year 2010 and under the authority and programs that serve rural America; 337 conditions provided in such Acts, for con- of them are considered key. One thou- the fact that the Defense Department tinuing projects or activities (including the sand of them aren’t considered key. is trying to get where they can manage costs of direct loans and loan guarantees) They are not considered substantive. what they are doing by measuring it that are not otherwise specifically provided That is before you even take the test of with a significant system, in terms of for in this Act, that were conducted in fiscal saying whether they are authorized by IT. It is just $6.9 billion over budget. year 2010, and for which appropriations, Where is the oversight on that procure- funds, or other authority were made avail- the U.S. Constitution. able in the following appropriations Acts: The Federal Government operates 70 ment? What the GAO said is the following: The management was ineffec- (1) Division A of the Department of De- programs costing tens of billions of fense Appropriations Act, 2010 (division A of dollars that provide domestic food as- tive at looking at those programs. The Public Law 111–118). sistance—70 different programs—and management was ineffective in the (2) The Department of Homeland Security many of them overlap or are ineffi- testing of those programs during their Appropriations Act, 2010 (Public Law 111–83) cient. Most of them cannot dem- development. The management was in- and section 601 of the Supplemental Appro- onstrate they are effective. That is ac- effective in terms of the procurement priations Act, 2010 (Public Law 111–212). cording to a recent review by the Gov- of those programs. When I asked the (3) The Military Construction and Veterans ernment Accounting Office. We didn’t heads of every branch in the military Affairs and Related Agencies Appropriations whether they agreed with that, they Act, 2010, division E of the Consolidated Ap- fix it. We could have saved taxpayers propriations Act, 2010 (Public Law 111–117). some of that money. There are 14 pro- said, yes, they agreed they were inef- (4) Chapter 3 of title I of the Supplemental grams administered by the U.S. De- fective. Appropriations Act, 2010 (Public Law 111– partment of Education related to for- We don’t have anything in the appro- 212), except for appropriations under the eign exchanges and designed to in- priations bills to change that effective- heading ‘‘Operation and Maintenance’’ relat- crease opportunities for students to ness. We didn’t have anything in the ing to Haiti following the earthquake of Jan- study abroad. Why do we have 14 pro- Defense authorization bill to change uary 12, 2010, or the Port of Guam: Provided, grams? Why not have one good one that effectiveness. We are just going to That the amount provided for the Depart- that meets the needs of Americans? let it go on, and next year it will be ment of Defense pursuant to this paragraph We fund 44 job training programs, ad- $7.9 billion or $8.9 billion over. So we shall not exceed a rate for operations of $29,387,401,000: Provided further, That the Sec- ministered by 9 Federal agencies across are not doing our job. retary of Defense shall allocate such amount the bureaucracy. The cost is $30 billion That is not to question my col- to each appropriation account, budget activ- a year, and we don’t know what the leagues’ motive; it is to raise the ity, activity group, and subactivity group, overhead is because we have 44 pro- awareness that the jig is up. The Amer- and to each program, project, and activity grams instead of 2 or 3. We didn’t ad- ican people know we are not doing our within each appropriation account, in the dress any of that. There are 17 offender job. They want us to start doing our same proportions as such appropriations for reentry programs across 5 Federal job—both Republicans and Democrats. fiscal year 2010. (5) Section 102(c) of chapter 1 of title I of agencies, costing $1⁄4 billion. There has We have several colleagues on the floor. Rather than take more time, I the Supplemental Appropriations Act, 2010 been no oversight. In other words, we (Public Law 111–212) that addresses guaran- have not looked where the problems just note that I am consistent in terms teed loans in the rural housing insurance are. We have not looked to say: How do of coming down here and worrying fund. we make this government more effi- about our future. I have done so for 51⁄2 (6) The appropriation under the heading cient? years—much to the chagrin of a lot of ‘‘Department of Commerce—United States

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I guess I would say to my col- which we should be having now and applicable appropriations Acts for fiscal year league from Oklahoma who just got up should have been having throughout 2010 and under the authority and conditions and spoke and mentioned this amend- the course of these last few months provided in such Acts, for continuing ment probably does not go far enough when these appropriations bills should projects or activities (including the costs of that I do not disagree. Frankly, I have been debated and should have direct loans and loan guarantees) that are would like to see us go back to the 2008 passed a budget. not otherwise specifically provided for in That being said, we do not have a this Act, that were conducted in fiscal year levels. 2010, and for which appropriations, funds, or What I am trying to do today is seek budget. We have not passed appropria- other authority were made available in the the support of my colleagues to at tions bills. We are where we are. The following appropriations Acts: least take a measured step in reducing least we can do, in fairness to the (1) The Agriculture, Rural Development, discretionary spending. My amendment American people, the taxpayers of this Food and Drug Administration, and Related simply seeks to reduce by 5 percent ac- country, is send a clear message to Agencies Appropriations Act, 2010 (Public counts not related to defense, home- them that we are going to do a modest Law 111–80). land security, or veterans. This would amount, at least a 5-percent reduction (2) The Energy and Water Development and Related Agencies Appropriations Act, 2010 not affect funding for the START trea- over last year’s level in this continuing (Public Law 111–85). ty or any of the other new provisions in resolution and try in a very small way (3) The Department of the Interior, Envi- this continuing resolution. to get some of the overspending that is ronment, and Related Agencies Appropria- On an annualized rate, it would, how- occurring in Washington, DC, under tions Act, 2010 (division A of Public Law 111– ever, save us about $22 billion com- control. 88). pared to the $1.25 trillion score that Mr. President, 21 percent over the (4) The Legislative Branch Appropriations CBO has provided for the proposed con- past 2 years at a time when the infla- Act, 2010 (division A of Public Law 111–68). tinuing resolution before us today. tion rate was 3.5 percent, meaning that (5) The Consolidated Appropriations Act, While this is a modest number and it we are spending at the Federal level 2010 (Public Law 111–117), except for division E. is not going to solve our debt problems five to six times the rate of inflation, overnight, it is a necessary first step to what the rate of price increases are Mr. THUNE. Mr. President, as you reduce spending. Since nondefense dis- across this country for most Ameri- know, the budget-appropriations proc- cretionary spending has grown over 21 cans. That is not fair to the American ess has broken down. Neither the House percent in the last 2 years—again, at a nor the Senate passed a budget resolu- taxpayers. I hope my colleagues will time when inflation was only 3.5 per- tion which provides a basic roadmap support this amendment. cent—I think the least we can do is The Senator from Massachusetts is for our spending decisions for the next support this reasonable reduction until here. I believe he wants to speak as fiscal year. As a result of not having a budget, we return after the election to decide well to this issue and to this amend- not a single appropriations bill has what the remaining funding level ment. I yield as much time to him as been signed into law for the new fiscal should be for the fiscal year 2011 spend- he may consume. year that starts tomorrow at midnight. ing bills. The PRESIDING OFFICER. The Sen- The House has passed only 2 of its 12 To put things into context as my col- ator from Massachusetts. appropriations bills. Unfortunately, league from Oklahoma, who just fin- Mr. BROWN of Massachusetts. Mr. this 17-percent batting average, 17-per- ished speaking, has done, we are look- President, I thank the Senator for cent success rate surpasses the Senate ing at a $13.4 trillion debt. Our deficit yielding. I stand here in support of the which has failed to pass any of the 12 for 2010 is estimated to be $1.3 trillion. Thune amendment and thank him for appropriations bills. About 40 cents out of every dollar that his leadership on this good first step. Because of this, we find ourselves is spent in Washington, DC, by the Fed- To me, it is pure common sense. I considering a measure to provide stop- eral Government now is borrowed. agree with everything he has said in gap funding through December 3 to If we look at the last 34 years, there terms of we have overspent. It is time provide more time for completion of have only been four times—4 years— to draw a line in the sand, lead by ex- our annual appropriations bills. where all the appropriations bills have ample, and show the American people This delay and lack of floor debate on been passed on schedule. that they are doing without, and we any of the annual appropriations bills If we actually did go to a freeze at can do without. has prevented us from having a much 2008 spending levels and index it for in- We are only talking about 5 percent. needed debate on the size of govern- flation, it would save $450 billion over It is $22 billion. I remember—it seems ment and the amount of money we 10 years. That makes a lot of sense. like 10 years ago I got here. I remember should be spending. As I said, that is legislation I intro- being in the Massachusetts Legisla- Keep in mind, the overall growth in duced earlier. At a minimum, what we ture, and we were throwing around mil- nondefense spending since 2008 has ought to be able to do is say to the lions. Here they throw around trillions amounted to roughly 21 percent at a American people, at a time when many like it is nothing. I know it is only $22 time when inflation has amounted to of their family budgets are shrinking, billion we can save, which is still real only 3.5 percent. This excludes any at a time when they are trying to money where I come from, and so over mention of the $814 billion stimulus make ends meet, that we get it. In $300 billion potentially over a 10-year bill. Washington, DC, we understand: You period. The continuing resolution before us want our Federal Government to do It is time. It is time to start leading today seeks to provide funding at the with a little bit less. by example. It is time to show we can same rate as fiscal year 2010. I will say What I am proposing is a 5-percent also make some cuts. Quite frankly, I that I am somewhat pleased to see that haircut; that is all, 5 percent. That is do not think they will hurt. We need to my colleagues on the other side of the the least we can do for the American send a signal to our constituents and to aisle have not attempted to add other people at a time when, as I said, we are the rest of the world that we are trying funding measures to this measure. running these $1.3 trillion deficits and to finally get our fiscal house in order. That is commendable that we at least have future generations of Americans I just met with representatives from are going to do a continuing resolution faced with a massive amount of debt Great Britain. They are doing across that is relatively speaking clean. It that will be on their backs for genera- the board a 25-percent cut. They recog- would be my preference to dial back tions to come. nize they do not want to be in a similar the overall spending level to the fiscal I hope today we can find the political financial predicament as other coun- year 2008 levels. will in the Senate to take what I think tries in that part of the world. They I have introduced legislation that is a very modest, a very measured ap- are sending a very powerful bipartisan will do just that, as have some of my proach to reduce spending in this con- message to the people in that country

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7708 CONGRESSIONAL RECORD — SENATE September 29, 2010 that they have to get their fiscal house question. I commend his constituents strange way to run a $3.5 trillion enter- in order. We need to start sending that on having the foresight to instruct him prise like the Federal Government. very same powerful fiscal message to and let him know they are hurting. I think the American people deserve do the same thing. The people in my State are hurting better. They need a budget process that I remember when I got here back in also. They are absolutely concerned has some teeth in it, that is binding, the beginning of January, the national about the disconnect between Wash- that makes sense, where there is an ap- debt was about $11.95 trillion. As Sen- ington and the State I represent. propriate role for oversight, as the Sen- ator THUNE just pointed out, it is al- What I notice not only in Massachu- ator from Oklahoma pointed out—all most $13.3 trillion or $13.4 trillion right setts but my travels throughout the the agencies where there is duplication now. That is less than 7 months. Our country is that they believe the people and redundancy where we can find sav- deficit is over $1 trillion. in Washington go around saying: You ings. We don’t do a lot of that around At what point do we eliminate the in- are great, you are great, everything is here because we have a budget process efficiencies and duplications through- wonderful, there is no recession in that has broken down. out our Federal Government, as Sen- Washington. All the restaurants are I have a bill to reform the budget ator COBURN has identified cuts in full. The housing market is great. Ev- process which, again, I hope is some- many wasteful programs? I agree with erything is great around here. But out- thing we can undertake. It is not going him. We have to start somewhere. Can side that, they say: He doesn’t get it; to happen now because we are going to we not do just one thing—just one, that she doesn’t get it; we are going to wrap things up here this week, it is it—to show the American people make a statement pretty darn soon. seems. I would be happy to stay around that, yes, we get it, we feel your pain, They are absolutely looking for fiscal and talk about budget reform, but I we get it. It is time. They are sending leadership. Listen, there is absolutely a think a lot of my colleagues have other a very powerful message. They sent it role for government. Government needs things and other places they want to in January and they are sending it to know when to get out of the way go. again that they are tired of over- also. It needs to know when to get out In the meantime, let’s at least do spending, they are tired of deficit of the way and let free enterprise and something here that will rein in Fed- spending, they are tired of overtaxing. the free market take shape and let us eral spending and send a very impor- We have to get our fiscal house in get the economy going through some- tant message and signal to the Amer- order. thing besides government-created jobs. ican people, who have been hurting: I thank Senator THUNE for his leader- I thank the Senator for his question. The Federal Government here in Wash- ship and Senator COBURN for taking the I agree wholeheartedly, yes, there is a ington doesn’t live in a bubble, we ac- time to find all these duplicate pro- great concern that we are over- tually get it, we are listening to the grams. spending, we are overtaxing, we are voices of the American people, and we Mr. THUNE. Mr. President, before overregulating, and we need to make can find a mere 5 percent in our Fed- the Senator from Massachusetts yields sure this gesture, this 5 percent—I do eral budget, this massive Federal budg- the floor, will he yield for a question? not want to throw billions around like et, and demonstrate we are willing to Mr. BROWN of Massachusetts. Yes. it is not money, but compared to the tighten our belt a little bit, consistent Mr. THUNE. I ask the Senator from trillions we are all used to dealing with with what is happening to the Amer- Massachusetts if he is hearing from his here, it is not big money. But I tell you ican people and the experience they are constituents back in his State the what, it is a very good start. It sends a having in this economic downturn. same message I hear from my constitu- very powerful message to the people in I reserve the remainder of my time. I ents in South Dakota; that is, we are Massachusetts and throughout the rest do not know how much time I have experiencing economic difficulties. In of this country and the world that a left, but I reserve the remainder of my this economic downturn, many people group of Senators have finally gotten time on this amendment. lost jobs, many had a loss of income, together and have sent a message to The PRESIDING OFFICER. The Sen- many family budgets are being the rest of the administration and to ator has consumed all of his time on squeezed. the folks that we are going to start to the amendment. Does not the Senator from Massachu- do one thing—just one thing: to start The Senator from South Carolina. setts hear the same thing from his con- to get our fiscal house in order. Mr. DEMINT. Mr. President, I com- stituents I hear from South Dakotans; Mr. THUNE. Mr. President, if I might mend Senator THUNE for, again, a very that is, we want the Federal Govern- just say to the Senator from Massachu- small request of the Senate to continue ment to lead by example, and rather setts, again, I appreciate his willing- to fund the government at a 5-percent than growing at four, five, six times ness to come down here and express his reduction. It is hardly a radical idea— the rate of inflation, actually take support for this amendment. The Sen- except in Washington. I hope my col- some steps to get its spending under ator from South Carolina is here. I ex- leagues will support that. control in the same fashion, the same pect he will speak too. He has an I would like to talk about another way we are having to do it? amendment he would like to offer as amendment for a minute, but first I That is what I hear from people in well. think we need to address what I think South Dakota. They are tired. They Most Americans believe government has been the most irresponsible Con- think the Federal Government is grow- spends too much, especially at a time gress I have seen in my time here. ing too fast, has gotten too big. They when their budgets, as I said, have been Over the last 4 years, the majority think it is a runaway train, especially shrinking. has almost doubled the national debt of when it is running $1.3 trillion annual This is the kind of amendment that all previous Presidents in 4 years. We deficits. ought to attract broad bipartisan sup- are on that track to do it. This year, I think 5 percent on this particular port. We are going to fund the govern- things are so bad that we didn’t even continuing resolution, this funding bill ment with this continuing resolution bother to do a budget. We are not going is a modest amount that at least most until December 3 because, again, we to show the American people what we of my constituents would think is rea- have not passed any appropriations plan to spend, what things are costing. sonable. bills or a budget—which, by the way is We are trying to get out of town I ask the Senator from Massachu- a discussion, perhaps, for another day today without passing funding bills to setts if he thinks his constituents be- but one that I think needs to be joined, keep the government operating. We lieve this Federal Government could a debate that needs to be joined, and have to do a little makeshift con- live with 5 percent less at a time when that is, what are we going to do to fix tinuing resolution. But we are getting they are living with a lot less in many this broken-down budget process that out of town without addressing the fact circumstances? year after year puts us in a position that we are getting ready to stick the The PRESIDING OFFICER. The Sen- where, at the very end of the fiscal American people with one of the larg- ator from Massachusetts. year, we have to pass a continuing res- est tax increases in history. By not Mr. BROWN of Massachusetts. Mr. olution because we have not gotten our doing anything, we are voting with our President, I thank the Senator for his work done? That is an incredibly feet to raise taxes on everyone from

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7709 the lowest income to the largest cor- My hope is that my colleagues will longer than this bill, with many more poration, to tax dividends at a higher support this amendment. There is no anomalies to cover exceptions that level, to tax death at a higher level. We reason not to support it unless you must be continued if this CR is ex- are just leaving town. want to come back here in November tended. In the meantime, as people are get- and increase spending, pass an omnibus A short-term CR is not efficient, as I ting ready to leave town, there are 20 and pass all of these porkbarrel ear- have said before, but it is manageable. or 30 bills that folks here would like to marks to take home one last time. However, each week we go beyond that pass in secret, by unanimous consent, I encourage my colleagues to support period, we further damage the ability without a vote, without any debate. the amendment. I understand we will of the government to function effec- Some of them have some pretty big have a vote on it later this evening, tively. For example, contract awards price tags. And they are squealing like and I will reserve the remainder of my can be delayed a month or two but not someone is doing them wrong if we ask time. for 4 months. The Appropriations Committee has for a day or two to read these bills, to AMENDMENT NO. 4677 TO AMENDMENT NO. 4674 worked very hard. We have held many see what they cost, to see what they Mr. President, I understand I need to hearings, heard from hundreds of wit- would do to our country. offer the amendment. nesses—not just the administration but There is a sense of entitlement here The PRESIDING OFFICER. Without opposition witnesses—and in a truly bi- that we have to pass their bill; it is objection, the clerk will report the partisan fashion come to an agreement some kind of emergency. But their bills Senator’s amendment. on the CR we have before us. A large have been hanging around here for The assistant legislative clerk read part of that effort was based on the months. One of them I just saw was as follows: from December of 2009. They are not good-faith assumption that once we The Senator from South Carolina [Mr. agreed on an end date—in this case, De- emergencies, but we have to pass them DEMINT] proposes an amendment numbered but we are not going to do the business 4677 to amendment No. 4674: Section 106(3) of cember 3—Members and staff would use of the American people. We are not the bill is amended by striking ‘‘December 3, that date to properly identify programs going to carry out our constitutional 2010’’ and inserting ‘‘February 4, 2011’’. that needed adjustments in order to function as they were intended. responsibility to set a budget, to appro- Mr. DEMINT. Thank you. I didn’t If we accept this amendment and ar- priate money for the operation of our think it would be too painful to read bitrarily change the end date to Feb- government, but we want to get our that whole thing at this time. This is ruary 4 of next year, we will ensure bills passed and we want to go home. one I can guarantee I read. that the exact opposite will happen: What we are doing is we are going to Do I need to ask for a recorded vote The Government will not function as it pass a continuing resolution tonight to at this time? should. Let me offer a few specific ex- fund the government until December. Mr. President, I reserve the remain- amples. der of my time. But the only reason to fund it until De- As chairman of the Defense Sub- The PRESIDING OFFICER. The Sen- cember is so we have to come back committee, I know there are programs ator from Hawaii. after the election in a lameduck Con- essential to the wars in Iraq and Af- Mr. INOUYE. Mr. President, if I may gress and pass another spending bill to ghanistan that would be disrupted if again repeat, in June of this year, 9 of keep our government going until the the Senate were to arbitrarily change the 11 subcommittees of the Appropria- new Congress comes in. I think the the end date of the CR. To say that our tions Committee passed their bills in only reason to do that is so Senators troops deserve better is an understate- who are not coming back can come the full committee and reported to the ment of the highest order. As a specific here and pass an omnibus spending bill desk. They are all at the desk. But example, the Defense Subcommittee with thousands of earmarks that peo- somebody held it up, and I can assure carefully reviewed the plans of the De- ple have come to expect, so they can you none of us held it up. partment of Defense and the Depart- take home the bacon to their States I rise to speak against the amendment of State for the authorities under one last time. ment just submitted by Senator the Pakistan counterinsurgency fund. There is no reason for us to have a DEMINT, which would extend the CR This authority allows the Secretary of continuing resolution that ends in De- from the current expiration date of De- Defense, with the concurrence of the cember. We are going to have to come cember 3 to February 4 of next year. Secretary of State, to provide funding back and use the threat of a govern- I am certain most of my colleagues for initiatives to reduce the terrorist ment shutdown to force through a big- are aware that the government fre- presence in Pakistan. The sub- ger spending bill. We should not do quently operates under a short-term committee concluded that a 2-month that in the chaos after the election. continuing resolution, not because delay would have minimal negative im- My amendment would take the exact they like to do it but because it takes pact. However, stretching beyond 2 same continuing resolution that every- time. It is not the most efficient way months could seriously erode our coun- one is going to agree on tonight and to operate. I agree with that. But it is terinsurgency efforts in Pakistan. have it expire on February 4, after we frequently necessary as we resolve the As my colleagues know, new starts have sworn in a new Congress, after the differences over spending levels. are prohibited under CRs, so a CR dust has settled. Then we can make a While our agencies decry living under through February 4 would restrict the good decision with people who maybe the CR—and I have said many times DOD from proceeding with any new represent the voices of the American that this is not the way to run our gov- military construction projects during people a little better because they have ernment—I believe these agencies have the first third of the fiscal year. Losing just come in off of the campaign trail. learned to operate in the short term, 4 months of the year before DOD can Instead of passing something in the and I emphasize the two words ‘‘short begin to implement its 2011 construc- chaos of November and December, let’s term.’’ This CR was crafted with a very tion program puts the timely execution do something that is more responsible narrow focus in the expectation that it of the entire program at risk. Fifty and more focused. would only last 2 months. It was agreed percent of the requested funding is an- My amendment is the exact same as upon by both leaders, the majority and ticipated to be awarded by the end of the amendment tonight. The only minority leaders. February 2011. thing it does is it strikes December 3, The minimal authorization exten- A longer term CR would result in un- 2010, and inserts February 4, 2011, so it sions were included in a bipartisan at- timely delays for implementing certain does not end, there is no emergency, tempt to keep this bill as clean as pos- farm bill programs, as requested by the there is no crisis, and there is no sible. Many requested anomalies were Office of Management and Budget. The threat of a government shutdown. We excluded because it was clear the CR delay would present shortfalls in fund- come back in November and hopefully would expire on December 3. Hopefully, ing for food and drug safety approval stop the tax increases and then go the Congress will have concluded its programs at the Food Safety and In- home and start over with the new Con- work by that date. If not, a new CR spection Service and the Food and gress, with folks who are representing will be required, and I can assure my Drug Administration due to a shortfall the voices of the American people. colleagues that it will be significantly in the budget authority.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7710 CONGRESSIONAL RECORD — SENATE September 29, 2010 A longer term CR would result in un- The PRESIDING OFFICER. Without The EPA’s nutrient-criteria mandate is ex- timely delays for implementing certain objection, it is so ordered. pected to deal an annual $1.1 billion blow to farm bill programs, as requested by Mr. LEMIEUX. Mr. President, in a the state’s agriculture industry, costing OMB. The delay would present short- about 14,500 jobs, Corey said. The new rules moment I will request unanimous con- are expected to cost the pulp and paper in- falls in funding for food and drug safety sent to address an issue important to dustry more than $169 million annually. The and approval programs at the Food the people of Florida having to do with EPA’s push for more stringent water pollu- Safety and Inspection Service and Food the EPA and a mandate set to go into tion rules came after environmental groups, and Drug Administration due to a effect next month. The timing of this including the St. Johns Riverkeeper and the shortfall in new budget authority. In effort is critical. That is why I take the Sierra Club, sued the agency in 2008, alleging addition, if the child nutrition reau- extraordinary measure of bringing it to the agency wasn’t enforcing the federal thorization is not approved, a further the Senate floor today. I wish to make Clean Water Act strongly enough in Florida. delayed CR will result in reduced food Under the settlement, tougher criteria will it clear that this effort is bipartisan. I come in mid-October regarding nutrient lev- services for children. am joined by the senior Senator from As another example, the administra- els in the state’s rivers, streams, springs and my State, Mr. NELSON, in this request. lakes. tion sought to extend a highway provi- If we don’t act, something is going to Nitrogen is the main type of nutrient the sion of interest to Maine and Vermont happen to Florida that will have a EPA wants to reduce in water bodies, be- but since it does not expire until De- grave impact upon our economy. Al- cause in high concentrations, it can create cember 17, it was not necessary to in- though this is a Florida-specific issue algae blooms, which can cause fish kills, a clude in this CR. But if the CR does not localized die-off of the fish population. The now, it will have an impact on other St. Johns River was plagued by algae blooms expire until February, that provision is States and set a precedent as time goes needed. and fish kills this summer. by. Dickenson is worried that the $400 million A final example. The delays that Let me describe my amendment. the utility has already spent to reduce nutri- would result from this amendment Then I will talk about the issue. The ent discharges won’t satisfy the EPA when it would stall the implementation of all amendment would prohibit the EPA applies the new criteria to the state’s estu- planned new law enforcement initia- aries, canals and coastal waters in 2012. If from using any of the funds in the con- tives at the Justice Department, in- these past projects—aimed at meeting the tinuing resolution to implement or en- cluding $366 million in new national se- federal total maximum daily limits rule— curity spending intended to improve force the water standard rules that it don’t meet EPA’s new mandate, JEA would is working on for Florida. Due to a con- have to spend $1.3 billion or more to meet the FBI’s cyber security, WMD and the higher standards, since the majority of counterterrorism capabilities and to sent decree between a group in the EPA which is part of a lawsuit, the its wastewater discharges are in the coastal assist in the litigation of intelligence region. The utility has 44 sewage plants. and terrorism cases. rule setting water quality standards To pay for the required upgrades, sewer This CR was negotiated in good faith, for inland waters in Florida is set to be rates would nearly double, causing the aver- it has bipartisan support, and it en- finalized on October 15. It singles out age residential sewer rate to increase annu- sures the government will continue to Florida and only Florida for these new ally to about $1,400, Dickenson said. The av- operate in good order until December 3. water standards. However, how this erage sewer rate for commercial and industrial JEA customers isn’t known, but the This amendment violates all three of rule is promulgated will serve as a tem- plate for how rules are promulgated rates are expected to be affected similarly. those tenets. Arbitrarily changing the If the EPA mandate ‘‘would actually help end date violates our good faith, is against other States. For example, the environment, there would be no objec- highly partisan, and ensures that the EPA is already looking into an effort tion,’’ said Paul Steinbrecher, JEA’s director government will not function as it to promulgate these standards for the of environmental services, permitting and should. Chesapeake Bay area. assessments. For all of these reasons I urge my We are not against clean water. In He said JEA’s past work to accommodate colleagues to vote ‘‘no’’. fact, Florida has been working on clean the TMDL limits brings nutrient levels to water issues for some time and has the natural level and he is unsure how levels Mr. President, I suggest the absence could be further reduced under the new cri- of a quorum and ask that the time be made remarkable progress. However, teria. divided equally. this proposal is going to have a dra- The amount of nitrogen discharged annu- The PRESIDING OFFICER. Without matic impact on the State of Florida ally by the average JEA residential user has objection, it is so ordered. without peer-reviewed science as the decreased from 13 pounds in 1975 to about 2.2 The clerk will call the roll. basis of this rule. pounds, Dickenson said. The assistant legislative clerk pro- I ask unanimous consent to have ‘‘If we’d known the EPA would change the rules midstream, we’d have done our TMDL ceeded to call the roll. printed in the RECORD an Article from Mr. FRANKEN. Mr. President, I ask projects differently,’’ Dickenson said. the Jacksonville Business Journal. The EPA projects the annual cost of meet- unanimous consent that the order for There being no objection, the mate- ing the new criteria to be $130 million for all the quorum call be rescinded. rial was ordered to be printed in the utilities in Florida. Darryll Joyner, chief of The PRESIDING OFFICER (Mr. RECORD, as follows: the Florida Department of Environmental BEGICH.) Without objection, it is so or- Protection’s bureau of assessment and res- [From the Business Journal, Sept. 24, 2010] dered. toration support, said that’s not nearly Mr. FRANKEN. Mr. President, I ask JACKSONVILLE SEWER CHARGES COULD enough. He projected the actual cost at be- unanimous consent to speak for 5 min- DOUBLE tween $5 billion and $8 billion. The EPA was utes as in morning business. JEA CEO Jim Dickenson said the utility’s not available for comment. The PRESIDING OFFICER. Without sewer rates could nearly double by 2014 if Joyner said JEA’s $1.3 billion estimate on how much it would have to pay to meet the objection, it is so ordered. new federal regulations require JEA to spend $1.3 billion to remove more nitrogen from its criteria is correct. He is optimistic that the (The remarks of Mr. FRANKEN per- sewage plant discharges. DEP will be able to make the case to the taining to the introduction of S. 3888 Companies and hospitals—including An- EPA that improvement gained through are printed in today’s RECORD under heuser-Busch InBev, Southeast Atlantic Bev- meeting the less-stringent TMDL require- ‘‘Statements on Introduced Bills and erage Co., St. Vincent’s Medical Center and ments will satisfy the new criteria. Joint Resolutions.’’) Mayo Clinic Florida—are expected to be hit Steinbrecher said he hopes Joyner is right, Mr. FRANKEN. Mr. President, I yield the hardest if the U.S. Environmental Pro- but the EPA’s decision to allow it to enter a the floor and suggest the absence of a tection Agency toughens its pollution stand- ‘‘legal no-man’s-land law’’ doesn’t instill him quorum and ask that the time be di- ards in 2012. The new rules, which will also with confidence. vided equally between both sides. make new development projects costlier, Mr. LEMIEUX. This rule is going to The PRESIDING OFFICER. Without make Florida less competitive with its less deal a $1.1 billion blow to the State’s regulated Southeast competitors, said Keyna agricultural industry. A joint study by objection, it is so ordered. Corey, spokeswoman for Associated Indus- The clerk will call the roll. the Florida Department of Agriculture tries of Florida, a business lobbying group and Consumer Services in the Univer- The bill clerk proceeded to call the with about 8,000 members. roll. ‘‘We’re not against keeping the water sity of Florida projects that it could Mr. LEMIEUX. I ask unanimous con- clean,’’ she said. ‘‘I can’t recruit a company cost in total up to $1.6 billion a year sent that the order for the quorum call to a dirty state, but we are going to lose jobs and eliminate 14,500 jobs. The Environ- be rescinded. because Florida is the only one doing it.’’ mental Protection Agency estimates it

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7711 to cost more than between $5 and $8 considering the continuing resolution U.S.-Mexican border, and over 2,000 billion. Water utilities in Florida have as a result of a bipartisan agreement fewer Federal correctional officers to estimated that sewer rates would in- reached by the majority leader and the safeguard our prisons. crease by $62 per month or more than minority leader. That agreement calls In addition to the cuts to the Depart- $700 per year. for a clean CR. There are many amendment of Justice, this amendment would This article from the Jacksonville ments that my colleagues would like to reduce funding for the Treasury De- Business Journal talks about sewer submit, but we have had to say, reluc- partment’s Office of Terrorism and Fi- charges doubling in Jacksonville be- tantly, no. Therefore, I object. nancial Intelligence and Financial cause of the water standard that has The PRESIDING OFFICER. Objec- Crimes Enforcement Network by $8.8 not been peer reviewed and does not tion is heard. billion. Cuts of this magnitude would have the scientific basis it should. Mr. INOUYE. I suggest the absence of cripple the Treasury Department’s Today, because I was coming to offer a quorum. unique efforts to keep our country safe. this unanimous consent proposal, the The PRESIDING OFFICER. The Specifically, the Office of Foreign As- EPA has issued a 30-day stay of execu- clerk will call the roll. sets Control would be forced to cut tion on the implementation of this The bill clerk proceeded to call the staff who enforce the Iran and North rule. It was supposed to be October 15. roll. Korea sanctions programs and sanc- Now it will be November 14. Conven- Mr. INOUYE. Mr. President, I ask tions efforts aimed at al-Qaida and its iently, that is the day before we are unanimous consent that the order for affiliates, terrorist groups in Afghani- likely to come back in November and the quorum call be rescinded. stan, international drug traffickers, bring Congress back into session. So we The PRESIDING OFFICER. Without and other national security threats. objection, it is so ordered. will be unable to continue this during The Treasury Department’s Office of Mr. INOUYE. Mr. President, I rise to our recess. This will most likely go Intelligence and Analysis would be speak against the Thune amendment. into effect and do damage to Florida. forced to cut staff who work to locate There are a number of reasons the This is a bipartisan effort. In fact, on hidden funding sources of terrorist net- Thune amendment is a bad idea. A 5- the House side, members of our delega- works. Finally, the Financial Crimes percent cut across the board may seem tion, some 20 of the 25—I believe it is Enforcement Network would signifi- reasonable, small, and not a big cut. 21, actually—have come together to cantly reduce overseas staff who work But it is a devastating cut when Mem- support not letting this rule go into ef- with foreign government counterparts bers understand the specific pro- fect. Senator NELSON and I make this in support of law enforcement efforts, grammatic impact. A 5-percent cut request. investigations that protect Americans. I ask unanimous consent that the against non-national security accounts In terms of our consumers and our LeMieux-Nelson amendment be consid- would be about $20 billion below the small business owners, cutting the ered and agreed to and the motion to current fiscal year spending level. This budget of the CFTC and the SEC by 5 reconsider be laid upon the table. cut would be in addition to the current percent would erode their ability to The PRESIDING OFFICER. Is there CR level which is $18 billion below the conduct necessary oversight of the fu- objection. Sessions amendments offered earlier Mr. INOUYE. Mr. President, on be- this year. tures and securities markets, respectively, at a time when such scrutiny is half of Senator CARDIN, chairman of I remind my colleagues that we have the subcommittee that has jurisdiction a $5 billion problem outside of all this paramount. Such a move is simply irre- over this measure, I object. cutting in terms of addressing the Pell sponsible, given the Wall Street scan- The PRESIDING OFFICER. Objec- grants shortfall. I believe the vast ma- dals that led to the financial meltdown tion is heard. jority of my colleagues are in favor of and economic strife plaguing so many Mr. LEMIEUX. If I may, that is un- the Pell grants. I can assure them that American households. fortunate. It is unfortunate because the Pell grant problem is not going to My colleagues on the other side of this is a bipartisan agreement. This magically cure itself. the aisle objected to funding any anom- damage is going to be done to Florida, Members may try and hide from tak- alies that would have allowed these a State that is suffering from the worst ing responsibility for the devastating agencies to increase staffing during the unemployment that anyone can re- impacts of a generic across-the-board pendency of the continuing resolution member, nearly 12 percent, and the cut of this magnitude, but I am stand- to implement the Dodd-Frank require- worst economy that anyone can re- ing before my colleagues now and put- ments. To insist on a further cut in member. Now these ill-conceived rules ting everyone in this Chamber on no- light of these new requirements is not that don’t have a peer-reviewed sci- tice for what the actual impact of pass- responsible. For the CFTC, a rollback entific basis will go into effect and im- ing this amendment will be. would diminish aggressive efforts in pact our economy to the tune of bil- For starters, let me discuss Amer- the past 18 months to enhance pre- lions of dollars, hurting our workforce ica’s security outside of the Depart- viously decimated staffing levels which and doubling people’s sewer rates at a ment of Homeland Security and out- would not have been adequate to keep time when they least can afford it. It is side of the department that handles the pace with the growing markets the unfortunate we have an objection when southwest border. Cutting funding by 5 agency oversees. we have both Senators from Florida, percent would mean a loss of $1.5 bil- The SEC would suffer similar erosion Democratic and Republican, supporting lion for the Department of Justice. It of critical seasoned professionals. Dur- this; when we have the vast majority of is not part of Homeland Security and ing the past 2 years, efforts have been the Florida delegation in the House not part of the Defense Department. made to restore staffing shortages. asking for this measure to be stated. It The FBI’s uniform crime report that This amendment will force these staff is not saying it would not go into ef- was just released tells us that violent to be furloughed, which would under- fect. It is asking for more time so there crime is down 5.3 percent, a decrease mine the significant strides to become would not be a rush to judgment and it for the third year in a row, and a total a more aggressive and vigilant pro- would not be brought into effect in a 9 percent drop since 2006. Now is not tector of American investors. hurried manner. the time to cut resources for Federal, Funding for the Small Business Ad- It is unfortunate we have an objec- State, and local law enforcement part- ministration would be cut at a critical tion when we have such bipartisan sup- ners. We depend on Federal law en- point in the Nation’s economic recov- port. forcement to protect Americans from ery, severely diminishing the agency’s The PRESIDING OFFICER. The Sen- terrorism and violent crime and uphold ability to implement the Small Busi- ator from Hawaii. the rule of law. ness Jobs and Credit Act recently Mr. INOUYE. Mr. President, I am Cutting Federal law enforcement by 5 signed into law. Such a cut would ham- concerned about the problem in Flor- percent across the board would mean per the ability of the Small Business ida. I am well aware there may be some 1,650 fewer FBI agents to combat ter- Administration to provide counseling consternation. But I must once again rorist threats, 420 fewer DEA agents to services to small businesses at a time remind the Senate that we are now reduce the flow of drugs across the when they need it most.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7712 CONGRESSIONAL RECORD — SENATE September 29, 2010 Cuts to Small Business Development In terms of our senior citizens, the tural programs which will result in cuts to Centers, microloan technical assist- most vulnerable in our society, this nutrition programs, food safety, rural hous- ance, SCORE, and the Women’s Busi- amendment requires a cut of $40 mil- ing, conservation, drug inspection, and farm lion to senior nutrition services at the service programs among others. ness Centers would be a blow to SBA’s Specifically, cuts to the Food Safety pro- ability to assist citizens trying to Administration on Aging, which trans- gram would reduce current levels for meat start, sustain, or grow their small busi- lates into a reduction of 13 million sen- and poultry inspections, and cuts to FDA nesses. ior meals. would reduce current levels for drug and food In terms of public safety, the FAA It also requires a cut of $922 million safety inspections (including imports) and faces challenges in maintaining an ade- from the fiscal year 2010 operating drug approvals. quate workforce of trained air traffic level for the Social Security Adminis- Both the Bush and Obama administrations controllers. Funding the FAA at 5 per- tration. This would force the Social Se- have pushed the goal to double funding for cent below the fiscal year 2010 level curity Administration to furlough em- science programs over 10 years—this amend- ployees and severely increase the wait- ment would put that initiative in reverse by would force it to absorb almost $500 cutting over $300 million from DOE’s Office million in cost-of-living and inflation ing times for everyone with a disability of Science program. This will severely im- expenses. Since 75 percent of the FAA’s claim, retirement claim, or disability pact the United States ability to compete operation budget is payroll, the FAA appeal. internationally. would need to implement a hiring In the last 3 years, the number of dis- The nuclear non-proliferation program freeze, thereby reducing its air traffic ability claims SSA has received has in- would lose $139 million. This would be lunacy controller and inspector workforces, creased 30 percent, the number of dis- in the face of bi-partisan acknowledgement of the threat posed to the United States by increasing flight delays, and curbing ability hearings has increased 20 percent, and the number of retirement unsecured nuclear material in the world. air travel at many airports. The Naval Reactors program, which must When it comes to NASA, this amend- claims has increased 13 percent. By the design a new reactor core for the new Ohio ment would require $936 million less in end of the year, this cut would leave class submarine and refuel its test reactor, funding. I have heard from many Mem- 900,000 more Americans waiting on a would be cut by $61 million. bers concerned about job losses at determination of their disability claim, Finally, the Corps would be cut by $270 NASA facilities in their States. I can almost doubling the current backlog, million and the Bureau of Reclamation by assure you, the level of funding that and 150,000 more waiting on an appeal $56 million. As we struggle to maintain and build our infrastructure in this country will result from this amendment will of their disability case. This would also drastically limit program integrity ef- these cuts would have significant implica- only expedite these losses. tions to on-going projects. Specifically, this random across-the- forts that save $7 for every $1 spent. Internationally, the Thune amendment board cut will jeopardize scientific dis- Section 8 tenant-based rental assist- will require a cut of $388 million for global covery as well as the development of a ance, which helps the Nation’s most health programs to combat HIV/AIDS, ma- new heavy-lift launch vehicle and vulnerable individuals and families laria, Swine Flu, and many other deadly dis- space capsule, costing thousands of find and maintain safe and affordable eases that claim millions of lives annually. high-tech, high-skill jobs in States housing in the private market, would The amendment will require an additional be cut by $816 million, which would put cut of $87 million beyond the $165 million such as Alabama, Florida, Texas, and supplemental funding not counted as part of Colorado. The United States would as many as 85,000 of our country’s low- income families, elderly, and disabled the CR for aid for refugees. This translates abandon the high ground of space to into millions of lives lost. Russia, China, and Europe, sacrificing at risk of losing their housing. The amendment will require a cut of $42 Mr. President, I would like to submit our leadership. million for international disaster relief. This for the RECORD a more comprehensive In terms of environmental funding, cut along with the reduction of $460 million list of programs that will be severely this amendment would require a $174 that was included in the FY 10 Supplemental impacted by this amendment. There million cut to EPA’s Clean Water and that is not counted in the CR would severely are too many important programs limit our ability to aid victims of earth- Drinking Water State Revolving being impacted by this amendment and quakes, floods, hurricanes, tsunamis, and Funds. That means 58 fewer sewer and not enough time to discuss them all. other natural disasters. water projects in our communities to I ask unanimous consent that list be $16.5 million reduction to U.S. Capitol Po- ensure clean and safe water. lice would result in the loss of approximately printed in the RECORD. It would also require a $302 million There being no objection, the mate- 90 officers. Capitol Police are already dealing cut to the basic operating accounts at with a $10 million shortfall going into FY11. rial was ordered to be printed in the This would further decrease their mission of the National Park Service, the Forest RECORD, as follows: Service, the Fish & Wildlife Service, protecting the Capitol Complex. The GAO would be reduced by $28 million, and the Bureau of Land Management. LIST OF PROGRAMS IMPACTED BY THE THUNE AMENDMENT AND LEVEL OF IMPACT which would be devastating to GAO’s oper- That means approximately 2,000 fewer The Thune amendment would require: ations, staff, and ability to provide timely Park Rangers, Forest Rangers, refuge A $148 million cut to the clinical health service to the Congress. To absorb a reduc- managers, and BLM managers. services provided by the Indian Health Serv- tion of this magnitude in a labor intensive The 5-percent cut proposed in this ice. For some of our most vulnerable citi- budget would require a reduction of almost amendment would require the National zens, that means at least 1,000 fewer inpa- 200 employees. Park Service to furlough virtually all tient admissions; approximately 200 fewer di- A cut of $18 million to the Mine Safety and of the seasonal employees that would rect outpatient visits; and 200 fewer doctors Health Administration. The tragic loss of 29 and nurses that are required to staff the 4 lives at the Upper Big Branch mine and result in the closing of many National other mine accidents this year were tragic Park facilities. Further, it would cut new health care facilities scheduled to open next year. reminders of what can happen when work- energy efficiency and renewable energy A $169 million cut to the Forest Service places are not safe. This funding level will programs by over $145 million, stopping and Interior Department wildland fire ac- prevent MSHA from adequately enforcing in its tracks evolving R&D on solar en- counts. That could mean as many as 2,560 the law which protects mineworkers. ergy and electric vehicles. That is what fewer firefighters next year. This amendment would reduce funding for we have been talking about here: alter- A $22 million cut to the Interior Depart- lifesaving medications by $43 million, includ- native energy sources. It would cut the ment’s Outer Continental Shelf oil and gas ing the $25 million recently allocated to 11 leasing and inspection programs. That means States to get 2,100 people off the waiting lists nuclear energy R&D program by $51 a halt to many ongoing reform efforts, in- in Florida, Hawaii, Idaho, Iowa, Kentucky, million, hampering the nuclear renais- creasing the likelihood of environmental dis- Louisiana, Montana, North Carolina, South sance, and simultaneously it would asters like the BP Deepwater Horizon oil Carolina, South Dakota and Utah. The drugs hamper the cleanup of our nuclear spill, and delaying the timeline for resump- cost an average of $12,000 a year a person, weapon and civilian nuclear sites by tion of drilling in Gulf of Mexico deep water. meaning that this cut would eliminate ac- cutting $366 million from those pro- A $38 million cut to the Smithsonian Insti- cess to care for over 3,500 people. grams. This action calls into question tution. That means rolling closures of muse- This amendment would reduce funding for health professions training by $35.5 million. our ability to undertake new weapon ums on the Mall and stopping construction of the African American Museum of History A reduction of five percent below the FY and civilian nuclear activities if we and Culture. 2010 funding level would cut approximately cannot deal with the back end of the The Thune amendment would cut $1.16 bil- $163 million that is necessary for States to programs. lion in discretionary spending for agricul- administer unemployment benefits. Under

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7713 current economic conditions, an estimated 14 are maintaining their pipelines to prevent preparing for next year’s spending by million unemployed individuals will be senseless tragedies such as San Bruno from reducing the spending level suggested served in FY 2011, an increase of approxi- reoccurring. This reduction would do the op- by the President of the United States— mately 60 percent, or 5.2 million individuals, posite, curtailing safety oversight of the na- if I am not mistaken, some $16 billion since 2008. The proposed cut in funding would tion’s 2.5 million miles of pipeline. result in long wait times for claimants, in- An across the board cut would impact below President Obama’s budget re- creased erroneous payments, and continued NOAA and the National Weather Service quest. neglect of aging infrastructure. which is standing watch over our commu- So the Senator, as chairman of this A reduction of 5 percent below the FY 2010 nities to keep us safe. NOAA has made im- important committee, is acting in good funding level for NIH would result in a cut of provements to better warn American’s about faith to bring down spending. It is my $1.6 billion. This reduction is roughly equiva- dangerous tornadoes, hurricanes, and other understanding this continuing resolu- lent to the total cost of all FY 2010 NIH fund- storms, but a spending cut would send tion, at least for the next few months, ed research on asthma, Parkinson’s disease, NOAA’s forecasting capabilities backwards lung cancer, ovarian cancer, childhood leu- and eliminate 40 forecasting jobs. Further, a cuts even more deeply in terms of the kemia, infant mortality, lymphoma, mul- 5 percent cut would harm NOAA weather sat- money that will be allowed. tiple sclerosis and sickle cell disease com- ellite program resulting in gaps in weather So if there is some argument being bined. data, forcing the United States to rely on made on the Senate floor that we are A cut of $30 million for purchasing the foreign countries to supply weather data, or not sensitive to the deficit needs of medications and supplies needed in case of a worse, leaving Americas completely blind to America and we have not already ac- bioterrorism attack or a pandemic illness. severe weather events. This cut would prevent the implementa- cepted responsibility to cut spending, tion of all planned new law enforcement ini- Mr. INOUYE. In closing, I would like they are ignoring Senator INOUYE’s tiatives at DOJ, including $366 million in to note that the CR that is being con- leadership on the Senate Appropria- new national security spending intended to sidered by the Senate this afternoon is tions Committee and the fact that this improve the FBI’s cyber security, WMD and at a rate that is $18 billion below the bipartisan compromise cuts even more counterterrorism capabilities and to assist Sessions amendment. The amendment deeply. in the litigation of intelligence and ter- being proposed by the Senator from rorism cases; $153 million in new funding in- Now comes the Senator from South South Dakota proposes a rate that is Dakota who says: Well, let’s cut some tended to strengthen DEA and ATF inves- an additional $23 billion below the Ses- tigative activity focused on the activities of more. Let’s cut 5 percent across the Mexican drug cartels; $97 million intended to sions amendment. board. Then you take a look at the var- increase the number of FBI agents and US To ask our agencies to continue to ious programs, and you say to the Sen- Attorneys working corporate, mortgage and operate for the next 2 months at a rate ator from South Dakota: Well, let’s get government fraud cases. that is $41 billion below the Sessions down to specifics. Do you think we For the U.S. Marshals Service, $1.3 million amendment will be devastating and is should cut 5 percent of the spending at would be cut from its construction resources simply unacceptable. Under this sce- bringing to a complete halt the Marshals’ the National Institutes of Health where nario, every single program gets cut. they are engaged in medical research courthouse security improvement program, I believe what I have provided my which funds the installation of security to find cures for the diseases which are colleagues is a thorough analysis of ex- equipment in Federal courthouses and the afflicting and threatening people actly what you are cutting. Make no construction of secure space for holding and across America? Well, I bet he would mistake, a vote for this amendment is processing Federal prisoners in courthouse say: No, we don’t want to cut there. facilities. Currently, less than a third of Fed- a vote for cutting these programs. It is Yet when you do an across-the-board eral courthouses meet established security that simple. I, for one, do not believe cut and you are not specific, unfortu- standards; this percentage will further de- this is the way Congress should be nately, you run the risk of cutting a crease if the Marshals do not continue to doing business, and I will oppose this critical program like that. make necessary upgrades and improvements. amendment. I encourage my colleagues Without these funds, the Bureau of Prisons Would you go to northern California (BOP) would have to reduce staff by over to do the same. The PRESIDING OFFICER. The Sen- and say to the people living there: Now 2,000, leaving prison staffing at less than 89 is the time to cut the inspections of percent of the level identified by BOP as nec- ator from Illinois. essary to ensure prison security. Mr. DURBIN. Mr. President, it is my natural gas pipelines in the United Grants to state and local law enforcement understanding the time on our side is States of America, after the terrible and community safety groups would be deci- controlled by the chairman of the Ap- tragedy which occurred there just a mated by nearly $200 million. We would be propriations Committee. few weeks ago, claiming innocent taking resources from law enforcement to lives? No. Would you argue that now is fight violent crime, drug trafficking, ter- The PRESIDING OFFICER. That is right. the time to take away inspections for rorism and child predators. This cut would oil rigs across America? I think we are slash funding for the State Criminal Alien Mr. DURBIN. Can I ask, Mr. Presi- Assistance Program (SCAAP). We need to dent, how much time is remaining? trying to move to the point where we make sure police have every tool available The PRESIDING OFFICER. For the resume drilling but with some con- to fight violent crime and drug trafficking, majority, there is 40 minutes remain- fidence that we have inspected all and keep our families and communities safe. ing for general debate. these rigs and they are safe and we can Further, NIST is responsible for creating Mr. DURBIN. If I could have the move forward. Senator THUNE is say- standards that keep consumers safe and test chairman’s consent to speak for 5 mining, Well, let’s cut across the board. new technology to advance America innova- utes? That is going to take money away from tion. Cutting NIST’s research funding by 5 that timely inspection which we want percent would end the multi-year effort to Mr. INOUYE. Absolutely. double funding for investments in scientific The PRESIDING OFFICER. The Sen- to get completed so we can put people research through the agency. Hardest hit ator from Illinois. back to work in that region of the would be American manufacturers who Mr. DURBIN. Mr. President, I thank country and around the United States. would lose over $10 million in competitive the chairman for that time. How about the Centers for Disease grants that are designed to send new tech- One of the first amendments we will Control? Do we take money out of the nology out to the workplace, improving effi- consider is a 5-percent across-the-board Centers for Disease Control at this mo- ciency and making American business more ment in history? I think not. They are globally competitive. cut. There is some surface appeal to This amendment would also put commu- this because it is almost like taking doing important work to try to protect nities at risk for pipeline explosions. The money and not leaving any fingerprints us against the next influenza epidemic Pipeline and Hazardous Materials Adminis- because you do not have to pick the and whatever else might challenge us. tration (PHMSA) ensures the safety of the different agencies that are going to be Do we want to take money away from interstate pipeline system and monitors reduced in spending. You just say ge- food safety and inspection? How many State oversight of intrastate pipelines. In nerically cut 5 percent and call us back of us read newspaper stories on a daily the wake of the San Bruno, California, pipe- when it is all over. It sounds like an basis about innocent people who ate line explosion that killed 8 people and destroyed more than 50 homes, it is not the easy assignment, but it overlooks the spinach or peppers or peanut butter time to be cutting funding for pipeline safe- obvious. and ended up with salmonella or E. ty. Rather, Congress needs to ensure PHMSA Senator INOUYE, as chairman of the coli, in the hospital, and their health is adequately staffed to ensure companies Appropriations Committee, is already compromised for months, if not years?

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7714 CONGRESSIONAL RECORD — SENATE September 29, 2010 So do we want to reduce the inspec- sible spending bill for the remainder of The PRESIDING OFFICER. The tions on food? How about the inspec- this fiscal year. I am committed as a clerk will call the roll. tions on imported food? Does the Sen- member of that committee, working The legislative clerk proceeded to ator from South Dakota believe we with Chairman INOUYE, to meeting that call the roll. should cut back on inspecting the food challenge to reduce our deficit, but I Mr. REID. Mr. President, I ask unan- coming into our markets, being served am just as committed to doing it in an imous consent that the order for the on the tables of families across Amer- appropriate, responsible, and effective quorum call be rescinded. ica? I think not. way. This amendment that is being of- The PRESIDING OFFICER. Without Does he want to cut back on the fered for a 5-percent, across-the-board objection, it is so ordered. COPS Program at a time when States cut is not such an amendment. Mr. REID. Mr. President, I ask unan- and local cities are running out of I urge my colleagues to oppose that imous consent that upon disposition of money and laying off policemen? Do we amendment. I urge them to support the H.R. 3081, as amended, the Senate then want to cut back on the Federal funds passage of this continuing resolution proceed to the consideration of H. Con. we are sending so that there are cops so that the important business of our Res. 321 and the Senate then proceed to on the beat to keep our neighborhoods Federal Government and keeping vote on adoption of the concurrent res- safe? American families safe and healthy can olution. Does he want to cut back on edu- continue and not be interrupted. The PRESIDING OFFICER. Is there cation? Does he believe that now is the Mr. LEAHY. Mr. President, the objection? time, when we are seeing layoffs of chairman of the Appropriations Com- Without objection, it is so ordered. teachers, even though we have made mittee has described in detail the se- Mr. REID. All time has been yielded some efforts here to try to reduce that? vere consequences for domestic pro- back, Senator INOUYE and Senator Does he want to cut more money from grams and personnel of the amendment COCHRAN so advise me. education when school districts across offered by Senator THUNE. I want to The PRESIDING OFFICER. All time America are suffering? That is what he mention three examples of what the has been yielded back. is proposing. Thune amendment would do to critical The question is on agreeing to the If he were standing here with the international programs that mean the Thune amendment. only proposals or cuts that the Con- difference between life and death for Mr. REID. I ask for the yeas and gress is considering, we might say, the world’s poorest people. nays. Well, we have to face up to it, but he It would cut $388 million for global The PRESIDING OFFICER. Is there a comes late to the party. The chairman health programs to combat HIV/AIDS, sufficient second? There is a sufficient of this committee has already taken malaria, Swine Flu, and many other second. this through the exercise of bringing deadly diseases that claim millions of The clerk will call the roll. down the spending for next year that lives annually. The legislative clerk called the roll. It would cut $87 million for aid for starts on October 1, and this con- Mr. KYL. The following Senator is refugees, the world’s most vulnerable tinuing resolution cuts even more necessarily absent: the Senator from people. deeply. Alaska (Ms. MURKOWSKI). I am going to urge my colleagues to Funding for refugees will already be well below the amount provided in fis- The PRESIDING OFFICER. Are there vote against this 5-percent across-the- any other Senators in the Chamber de- board cut. The Senator from South Da- cal year 2010 because an additional $165 million was included in the fiscal year siring to vote? kota has exempted a few agencies, but The result was announced—yeas 48, there are a lot that he hasn’t. As a con- 2010 Supplemental that is not counted in the CR, so the actual cut for refugee nays 51, as follows: sequence, we are in a position where [Rollcall Vote No. 245 Leg.] many of these agencies and the critical aid including this amendment would be YEAS—48 programs that are important for the $252 million below the fiscal year 2010 total level. This translates into mil- Alexander Crapo Lincoln health and safety of Americans are lit- Barrasso DeMint Lugar erally at risk because of this amend- lions of lives lost. It would cut $42 million for inter- Bayh Ensign McCain ment. Bennet Enzi McCaskill national disaster relief. Funding for Let’s do this in a sensible, honest Bennett Feingold McConnell this account will already be reduced by Bond Graham Risch way. Let’s not send a general letter. $460 million that was included in the Brown (MA) Grassley Roberts Let’s use the appropriations process to fiscal year 2010 supplemental that is Brownback Gregg Sessions bring down spending. The Congress Bunning Hatch Shelby not counted in the CR. cannot and should not abdicate its re- Burr Hutchison Snowe The total amount under this amend- Chambliss Inhofe Thune sponsibility to review individual pro- ment for disaster relief would therefore Coburn Isakson Udall (CO) grams and make individual spending Cochran Johanns Vitter be $502 million below the fiscal year recommendations based on that review. Collins Klobuchar Voinovich 2010 total level. This would severely Corker Kyl Webb The desire to hold spending in check limit our ability to aid victims of Cornyn LeMieux Wicker should be based on congressional over- earthquakes, floods, hurricanes, sight of specific programs. We NAYS—51 tsunamis, and other natural disasters. shouldn’t take a meat ax, across-the- Akaka Gillibrand Murray These are not theoretical examples. Baucus Goodwin Nelson (NE) board, call-me-when-you-are-done ap- They are real. This amendment is not Begich Hagan Nelson (FL) proach. We should not yield our power just about dollars and cents. It is about Bingaman Harkin Pryor Boxer Inouye Reed to the President. We have our own spe- human lives. It is a moral issue. A 5- cial responsibility here on Capitol Hill. Brown (OH) Johnson Reid percent cut may not sound like a lot. Burris Kaufman Rockefeller Senator COBURN has been a strong The sponsor of the amendment says it Cantwell Kerry Sanders proponent of oversight of spending. I Cardin Kohl Schumer is only 5 percent. What he does not say Carper Landrieu Shaheen support that oversight. He has come to is that the consequences of this amend- this floor and advocated for the com- Casey Lautenberg Specter ment would be devastating for millions Conrad Leahy Stabenow mittees to look closely at spending and of people around the world. Dodd Levin Tester authorizations for scores of Federal I yield the floor. Dorgan Lieberman Udall (NM) programs. I think they should; I agree Durbin Menendez Warner The PRESIDING OFFICER. The Sen- Feinstein Merkley Whitehouse with him. This is exactly what the Ap- ator from Hawaii. Franken Mikulski Wyden propriations Committee did last year Mr. INOUYE. Mr. President, I ask NOT VOTING—1 in crafting bipartisan bills that gar- that the time be divided equally be- nered vast majorities of congressional tween both sides. Murkowski support. The continuing resolution be- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under fore us continues those levels for a objection, it is so ordered. the previous order requiring 60 votes short time at last year’s spending lev- Mr. DURBIN. Mr. President, I sug- for the adoption of this amendment, els while we work at crafting a respon- gest the absence of a quorum. the amendment is withdrawn.

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AMENDMENT NO. 4677 Klobuchar Mikulski Shaheen Amend the title so as to read: ‘‘Making The PRESIDING OFFICER. There Kohl Murray Specter continuing appropriations for fiscal year Landrieu Nelson (NE) Stabenow 2011, and for other purposes’’. will now be 2 minutes of debate equally Lautenberg Nelson (FL) Tester divided on the DeMint amendment. Leahy Pryor Udall (NM) The Senator from South Carolina. Levin Reed Voinovich f Lieberman Reid Warner Mr. DEMINT. Mr. President, my Lincoln Rockefeller Webb amendment only makes one change to Menendez Sanders Whitehouse PROVIDING FOR A RECESS AND/OR the underlying continuing resolution. Merkley Schumer Wyden ADJOURNMENT OF THE HOUSE It changes the date from January 3 to NOT VOTING—1 AND SENATE February 4. There is no reason we Murkowski The PRESIDING OFFICER. Under should fund the government only to The PRESIDING OFFICER. Under the previous order, the Senate will pro- the lameduck. We need to wait until we the previous order requiring 60 votes ceed to the consideration of H. Con. have a new Congress and the dust set- for the adoption of the amendment, the Res. 321, which the clerk will report by tles after the election. We don’t need to amendment is withdrawn. title. be passing another continuing resolu- The substitute amendment (No. 4674) The assistant legislative clerk read tion or an omnibus spending bill with is agreed to. as follows: the pressure of a government shutdown The question is on the engrossment A concurrent resolution (H. Con. Res. 321) before Christmas. So the amendment is of the amendments and third reading of providing for a conditional adjournment of just a couple of lines that change the the bill. the House of Representatives and a condi- date. Everything else in the continuing tional recess or adjournment of the Senate. resolution is the same. Let’s push the The amendments were ordered to be The PRESIDING OFFICER. The operation of the government all the engrossed and the bill to be read a question is on agreeing to the concur- way through January to a new Con- third time. rent resolution. gress. The bill was read a third time. Mr. MCCONNELL. Mr. President, I I reserve the remainder of my time. The PRESIDING OFFICER. The bill having been read the third time, the ask for the yeas and nays. The PRESIDING OFFICER. The Sen- question is, Shall the bill pass? The PRESIDING OFFICER. Is there a ator from Hawaii. Mr. KYL. I ask for the yeas and nays. sufficient second? There is a sufficient Mr. INOUYE. Mr. President, the Ap- The PRESIDING OFFICER. Is there a second. propriations Committee worked in a sufficient second? bipartisan fashion on this bill. It was The clerk will call the roll. crafted with a very narrow focus and There is a sufficient second. The assistant legislative clerk called the expectation that it will last only 2 The clerk will call the roll. the roll. months. As we all know, the short- The legislative clerk called the rol1. Mr. DURBIN. I announce that the term CR is not efficient, but it is man- Mr. KYL. The following Senator is Senator from Delaware (Mr. CARPER), ageable. For the many reasons I enu- necessarily absent: the Senator from the Senator from Connecticut (Mr. merated earlier, we know that if we ac- Alaska (Ms. MURKOWSKI). DODD), the Senator from West Virginia cept this amendment, the government The PRESIDING OFFICER. Are there (Mr. ROCKEFELLER), and the Senator will not be able to function as it any other Senators in the Chamber de- from Vermont (Mr. SANDERS) are nec- should. I urge that we vote no. siring to vote? essarily absent. The PRESIDING OFFICER. The The result was announced—yeas 69, Mr. MCCONNELL. The following Sen- question is on agreeing to amendment nays 30, as follows: ators are necessarily absent: the Sen- No. 4677. [Rollcall Vote No. 247 Leg.] ator from Alaska (Ms. MURKOWSKI), the Mr. DEMINT. I ask for the yeas and YEAS—69 Senator from Arizona (Mr. KYL), and nays. Akaka Franken Menendez the Senator from Missouri (Mr. BOND). The PRESIDING OFFICER. Is there a Alexander Gillibrand Merkley The PRESIDING OFFICER. Are there Baucus Goodwin Mikulski any other Senators in the Chamber de- sufficient second? Bayh Grassley Murray There is a sufficient second. Begich Gregg Nelson (NE) siring to vote? The clerk will call the roll. Bennet Hagan Nelson (FL) The result was announced—yeas 54, Bennett Harkin Pryor nays 39, as follows: The assistant legislative clerk called Bingaman Inouye Reed the roll. Bond Johanns Reid [Rollcall Vote No. 248 Leg.] Mr. KYL. The following Senator is Boxer Johnson Rockefeller YEAS—54 necessarily absent: the Senator from Brown (OH) Kaufman Sanders Burris Kerry Schumer Akaka Goodwin Mikulski Alaska (Ms. MURKOWSKI). Cantwell Klobuchar Shaheen Baucus Gregg Murray The result was announced—yeas 39, Cardin Kohl Specter Bayh Hagan Nelson (NE) Begich Harkin Nelson (FL) nays 60, as follows: Carper Kyl Stabenow Casey Landrieu Tester Bingaman Inouye Pryor [Rollcall Vote No. 246 Leg.] Cochran Lautenberg Udall (CO) Boxer Johnson Reed Brown (OH) Kaufman Reid YEAS—39 Collins Leahy Udall (NM) Conrad Levin Voinovich Burris Kerry Schumer Alexander DeMint Lugar Dodd Lieberman Warner Cantwell Klobuchar Shaheen Barrasso Ensign McCain Dorgan Lincoln Webb Cardin Kohl Specter Bayh Enzi McCaskill Durbin Lugar Whitehouse Casey Landrieu Stabenow Bennet Graham McConnell Feinstein McCaskill Wyden Conrad Lautenberg Tester Brown (MA) Grassley Risch Dorgan Leahy Udall (CO) Brownback Gregg Roberts NAYS—30 Durbin Levin Udall (NM) Feingold Lieberman Warner Bunning Hatch Sessions Barrasso DeMint McCain Feinstein McCaskill Webb Burr Hutchison Shelby Brown (MA) Ensign McConnell Franken Menendez Whitehouse Chambliss Inhofe Snowe Brownback Enzi Risch Gillibrand Merkley Wyden Coburn Isakson Thune Bunning Feingold Roberts Corker Johanns Udall (CO) Burr Graham Sessions NAYS—39 Cornyn Kyl Vitter Chambliss Hatch Shelby Crapo LeMieux Wicker Coburn Hutchison Snowe Alexander Cornyn Lincoln Barrasso Crapo Lugar NAYS—60 Corker Inhofe Thune Cornyn Isakson Vitter Bennet DeMint McCain Akaka Cardin Feinstein Crapo LeMieux Wicker Bennett Ensign McConnell Baucus Carper Franken Brown (MA) Enzi Risch Begich Casey Gillibrand NOT VOTING—1 Brownback Graham Roberts Bennett Cochran Goodwin Murkowski Bunning Grassley Sessions Bingaman Collins Hagan Burr Hatch Shelby Bond Conrad Harkin The bill (H.R. 3081), as amended, was Chambliss Hutchison Snowe Boxer Dodd Inouye passed. Coburn Inhofe Thune Brown (OH) Dorgan Johnson Cochran Isakson Vitter Burris Durbin Kaufman The amendment (No. 4682) was agreed Collins Johanns Voinovich Cantwell Feingold Kerry to, as follows: Corker LeMieux Wicker

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7716 CONGRESSIONAL RECORD — SENATE September 29, 2010 NOT VOTING—7 tually sensitive for national security ment with a Barrasso proposal to es- Bond Kyl Sanders reasons. The power to classify informa- tablish a National Commission on Carper Murkowski tion should not be used merely to hide Outer Continental Shelf Oilspill pre- Dodd Rockefeller information that might be embar- vention. The concurrent resolution (H. Con. rassing to the administration. The PRESIDING OFFICER. Does the Res. 321) was agreed to, as follows: I understand that certain details of Senator so amend her request? H. CON. RES. 321 how GAO investigators did what they Mrs. SHAHEEN. Mr. President, I Resolved by the House of Representatives (the did should not be made public. No one think we should have as many eyes Senate concurring), That when the House ad- wants to give the terrorists a roadmap looking into this issue as possible, and journs on any legislative day from Wednes- of how to attack us again. I do not as a member of the Energy Committee day, September 29, 2010, through Friday, Oc- want to do that, and the GAO inves- I supported the Barrasso amendment. tober 8, 2010, on a motion offered pursuant to tigators do not want that to happen. But the issue before us today right now this concurrent resolution by its Majority That is why I asked them to draft a is that we already have a bipartisan Leader or his designee, it stand adjourned until 2 p.m. on Monday, November 15, 2010, or report that did not include those sorts commission appointed by the Presi- until the time of any reassembly pursuant to of details so that a declassified version dent. The commission is up and run- section 2 of this concurrent resolution, could be released to the public. The ning. whichever occurs first; and that when the problem, however, is that the Obama The President’s commission will Senate recesses or adjourns on any day from administration classified the report issue its report in January, and the Wednesday, September 29, 2010, through Fri- anyway. President’s commission needs subpoena day, November 12, 2010, on a motion offered The key data that should be public power to do its job right now. This was pursuant to this concurrent resolution by its are the results. Did the GAO investiga- the largest environmental disaster in Majority Leader or his designee, it stand recessed or adjourned until noon on Monday, tors succeed in penetrating our airport our country’s history. It is important November 15, 2010, or such other time on that security checkpoints? If so, how many we get to the bottom of it. day as may be specified in the motion to re- times? How many times did they fail? I am disappointed that, once again, cess or adjourn, or until the time of any re- The public has a right to know those we are hearing our colleagues on the assembly pursuant to section 2 of this con- bottom-line results. other side of the aisle who are object- current resolution, whichever occurs first. Those results are not going to help ing to giving the President’s commis- SEC. 2. The Speaker of the House and the terrorists figure out how to better at- sion subpoena power. Majority Leader of the Senate, or their re- tack us, and they certainly are not Mr. COBURN. Mr. President, I object. spective designees, acting jointly after con- The PRESIDING OFFICER. Objec- sultation with the Minority Leader of the going to give them any more motiva- House and the Minority Leader of the Sen- tion to try than they already have. tion is heard. ate, shall notify the Members of the House Keeping the results secret will ac- The Senator from New Hampshire. and the Senate, respectively, to reassemble complish one thing, however. It will Mrs. SHAHEEN. The BP oilspill was at such place and time as they may des- ensure that the public has no idea how an unprecedented disaster—lives were ignate if, in their opinion, the public interest effective our airport screening strategy lost, and the gulf region will suffer the shall warrant it. actually is, and it seems that is the environmental and economic con- The PRESIDING OFFICER. The Sen- way the Obama administration likes it. sequences for years to come. We cannot ator from Iowa. Therefore, I am asking the TSA Ad- turn back the clock and stop what hap- f ministrator to personally come to our pened. But we can prevent future disas- secure facilities here in the Senate and ters by finding out exactly what went GAO REPORT ON AIRPORT wrong. We need to investigate this SECURITY explain his decision. Several of my colleagues joined me in asking the GAO to spill, and we need to make sure it Mr. GRASSLEY. Mr. President, on do this work, including the chairs and never happens again. January 8 of this year, I requested the the ranking members of the Homeland That is why the President appointed Government Accountability Office to Security Committee in both the House a commission to investigate. But with- conduct followup tests of our Nation’s and the Senate. I invite them to join us out subpoena power the commission airport security screening procedures. and help resolve this situation. cannot do the job they were appointed Investigators attempted to smuggle We need to work together to make to do. bomb-making materials past security sure that the entire Congress and the Already, we have seen reports that checkpoints in a number of airports public are aware of the results of this some witnesses are stonewalling the around the country. This is something important work while maintaining the commission. Former Senator Graham the GAO has done for Congress on sev- security of information that truly and former President Nixon’s EPA Ad- eral occasions since the 9/11 terrorist needs to remain secure. ministrator, William Reilly, who are attacks. I yield the floor. cochairing the President’s commission, It is an important reality check for The PRESIDING OFFICER. The Sen- told the press yesterday that investiga- Congress to find out exactly how effec- ator from New Hampshire. tors have ‘‘encountered resistance to tive or ineffective the Transportation f full responses to their questions.’’ That Security Administration’s screening is unacceptable. We cannot let BP and procedures are. TSA has spent a lot of UNANIMOUS CONSENT REQUEST— Transocean cover up the truth. The time and money trying to prevent fu- H.R. 5481 American people deserve answers. ture terrorist attacks, and we are, no Mrs. SHAHEEN. Mr. President, I ask This is the fourth time I have asked doubt, safer in many ways than we unanimous consent that the Senate for unanimous consent on the Senate were before 9/11. However, it is impor- proceed to the immediate consider- floor to pass a bill giving the BP Oil- tant to cut through the talking points ation of Calendar No. 442, H.R. 5481, a spill Commission subpoena power. Un- and the press releases. We need to test bill to give subpoena power to the Na- fortunately, as we saw, this is the the system in real time with real peo- tional Commission on the BP Deep- fourth time the Republicans in the ple carrying potentially destructive water Horizon Oilspill and Offshore Senate have objected. materials once in a while to find out Drilling; that the bill be read a third This should be noncontroversial. In how vulnerable we still are. time and passed, and the motion to re- the House of Representatives, 169 Re- Unfortunately, the Obama adminis- consider be laid upon the table, with no publicans voted in favor of this bill in tration, which is now responsible for intervening action or debate. June. It is outrageous that this simple keeping airline passengers safe, does The PRESIDING OFFICER. Is there bill is being obstructed here in the Sen- not want you to know the results of objection? ate. A thorough investigation is need- these tests. In fact, the administration The Senator from Oklahoma. ed, and it is needed now. classified almost every word of the Mr. COBURN. Mr. President, reserv- Commission cochairman William GAO report as ‘‘secret.’’ These sorts of ing the right to object, I will not object Reilly, who used to sit on the board of classification decisions ought to be if the Senator would kindly amend her ConocoPhillips, even said yesterday made only when the information is ac- request to include a substitute amend- that it is ‘‘unjustifiable’’ for Congress

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7717 to not provide the commission with all Washington and in a number of other vance this proposal that will help peo- of the tools they need to resolve this States in this country. I know how imple and solve problems. It is very nar- disaster. I could not agree more. I am portant this is to middle-class families rowly drafted for just the State sales totally disappointed in what we have in my State, and I have heard from so tax deduction. I know it is important heard from the other side. many of them about how important it to my State and to many, and I hope I yield the floor. is that this deduction be extended. the Republicans will allow this to go Mr. DORGAN. Mr. President, will the But every time we brought forward a forward tonight. Senator yield for a brief question? I bill that would help these families, Re- So I ask unanimous consent the Sen- know my colleague is waiting to speak. publicans have banded together to ate proceed to the immediate consider- Mrs. SHAHEEN. Yes. block it. They would stand here on the ation of H.R. 3617, that all after the en- Mr. DORGAN. I want to make the floor and say they objected to the way acting clause be stricken, and the text point—and then ask a question—this is we paid for this deduction or they did of S. 35, as amended, with the amend- probably a fitting description near the not like some of the other tax cut ex- ment at the desk, be inserted, and that end of at least this portion of this ses- tensions we included in the bill. They the amendment be agreed to. sion of the almost total lack of co- gave different reasons each time, but I ask unanimous consent that the operation that exists in this Chamber. they refused to come to the table with bill, as amended, be read a third time The House of Representatives passed real solutions for this serious issue fac- and passed, the motion to reconsider be this almost unanimously. On commis- ing middle-class families. laid upon the table, and any state- sions that are important—the Three I have been urging Senate Repub- ments relating to the measure be print- Mile Island Commission, the Commis- licans to change their minds, and fied in the RECORD. The PRESIDING OFFICER. Is there sion on 9/11, the Financial Crisis Com- nally, on Monday night, Senate Repub- objection? mission—they were all given subpoena licans came forward with a proposal. Their bill came at the 11th hour, and it Mr. THUNE. Mr. President, reserving power. Why? Because you need that if the right to object, and I will not ob- you are going to force and compel peo- stripped away all of the other tax credits that would have helped families, ject if the Senator from Washington ple to produce the records. would substitute the language which is I was on the Energy Committee, and clean energy companies, and small businesses. at the desk which extends all the we heard the three parties that were things she has talked about this out there drilling in that well site: BP, Senator BAUCUS was here and he objected to it because he wanted to focus evening, as well as provides a 2-year ex- Transocean, and Halliburton. They on a tax cut extension bill we had been tension for the physician fee issue were all involved. All of them were working on for many months that al- which is expiring on November 30, but pointing at each other. The only way ready had the support of a majority of does it with spending reductions as op- this commission can function is with the Senate. But extending the sales tax posed to tax increases. That amend- subpoena power. What on Earth can deduction is too important for families ment is at the desk, and if the Senator they be thinking of to block subpoena in my home State of Washington to let from Washington would substitute that power for this commission four succes- the perfect be the enemy of the good. language for her amendment, I will not sive times? So over the last several days, I have object. I would ask the Senator—first of all, talked to a number of my colleagues The PRESIDING OFFICER. The Sen- I thank the Senator for doing this. Sec- about this. I made sure they under- ator from Illinois. Mr. DURBIN. Mr. President, I object ond, it is unthinkable to me that we stood that this issue is about more to the modification offered by the Sen- see continued blockage. It represents a than the political back-and-forth in complete lack of cooperation. They did ator from South Dakota. DC; it is about real people in my home The PRESIDING OFFICER. Is there not do that in the House of Representa- State of Washington. It is about re- tives. The minority was very interested objection to the original request by the moving a bias in the Tax Code that is Senator from Washington? in seeing that this works. Here the mi- fundamentally unfair to our families. nority seems very interested in seeing Mr. THUNE. I object. It is about putting more money into The PRESIDING OFFICER. Objec- that the commission cannot work. their pockets at a time when they can I would ask, is this not the fourth oc- tion is heard. use all the help they can get. The Senator from Washington. casion on the floor of the Senate that So I am here to say that after many Mrs. MURRAY. Mr. President, while the Senator has made this request, and conversations with my colleagues on the Senator from South Dakota is on four successive occasions the minor- the Democratic side, they have agreed here, I wish to make sure he under- ity has objected, in some cases for to set aside their objections and allow stood what I offered tonight. It is what other—they have a new excuse each the sales tax deduction extension to the Republicans offered to us on Mon- time—but isn’t this the case that four pass this evening because, frankly, this day night, which is the simple exten- times the Senator has asked for this issue shouldn’t be controversial, and sion of just the sales tax deduction, consent and four times it has been de- the livelihoods of middle-class families which I know affects his State as well nied? shouldn’t be used as a political football as mine, for 1 year. So I want him to Mrs. SHAHEEN. Absolutely. I appre- in election year games. understand that is all I have asked to ciate the Senator from North Dakota So in just a minute I will ask unani- do tonight, to just extend the sales tax pointing this out, and also pointing out mous consent to pass a bill that pulls deduction which I know is important what has been a bipartisan history in the sales tax exemption out of the leg- to his State and to mine, and I would the past when we have dealt with these islation we had it in before, which will again ask the Senator from South Da- kinds of disasters and tragedies in the allow it to stand alone tonight. It is kota if he would allow us to move for- country, that this used to be a bipar- what Republicans offered us on Monday ward with just that deduction this tisan effort, and how sad and dis- night, with one small compromise. It is evening. appointing that now it has come down very close to the version the Repub- Mr. President, I would again ask the to partisanship rather than working licans offered. I can’t imagine they are Senator from South Dakota if we could together. going to object to it this evening, but just extend not the rest of the package The PRESIDING OFFICER. The Sen- rather than a permanent extension but just the sales tax deduction, as ator from Washington. that I and many others would prefer, your side offered to us on Monday f what I will offer is to extend the sales night. tax exemption alone for 1 year, which The PRESIDING OFFICER. The Sen- UNANIMOUS CONSENT REQUEST— will offer greater stability and con- ator from South Dakota. H.R. 3617 fidence for middle-class families in Mr. THUNE. I would say to the Sen- Mrs. MURRAY. Mr. President, I have these tough times. I believe this is a ator from Washington through the been working very hard over the last reasonable compromise, and I believe it Chair that I would be happy to take a several months to extend the critical can and ought to pass tonight. look at this and run it by my col- sales tax deduction for families and I was proud to work with my colleagues. Obviously, this is not some- small businesses in my home State of leagues to put politics aside and ad- thing I think everybody—there isn’t

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7718 CONGRESSIONAL RECORD — SENATE September 29, 2010 anybody here right now—has had an etary pay-go statement be read; fur- ‘‘ ‘(ii) at an excessive speed; or opportunity to look at. We have tried ther, that the motion to concur in the ‘‘ ‘(iii) of a number of persons in excess of repeatedly to get some cooperation on House amendments with amendments the rated capacity of the vessel; or ‘‘ ‘(B) intentional grounding of a vessel in an extenders package that includes a be agreed to, the motion to reconsider which persons are being transported.’.’’. number of important tax provisions be laid upon the table, with no inter- Strike section 1032(b) and insert the fol- that have expired already, as well as vening action or debate, and any state- lowing: some that are set to expire, and to do ment related to the bill be printed in ‘‘(b) VIOLATIONS; SUBPOENAS.— that through offsets that reduce spend- the RECORD. ‘‘(1) IN GENERAL.—In any investigation ing as opposed to raising taxes, par- The PRESIDING OFFICER. Without under this section, the Secretary may issue ticularly at a time when the economy objection, it is so ordered. a subpoena to require the attendance of a is in recession. The amendment (No. 4684) was agreed witness or the production of documents or So as much as I would agree with the to, as follows: other evidence if— Senator from Washington that this is (Purpose: To make certain conforming ‘‘(A) before the issuance of the subpoena, amendments) the Secretary requests a determination by an important issue that needs to be ad- the Attorney General of the United States as dressed—and it is important to my In section 617(b), in the quoted subsection to whether the subpoena will interfere with State—I would have to object until we (d), strike ‘‘INDIVIDUALS QUALIFIED AS ABLE a criminal investigation; and have an opportunity to look at the SEAMEN.—Offshore’’ and insert ‘‘Individuals ‘‘(B) the Attorney General— amendment that the Senator from qualified as able seamen—offshore’’. ‘‘(i) determines that the subpoena will not Strike section 917 and insert the following: Washington put forward. interfere with a criminal investigation; or ‘‘SEC. 917. MARITIME LAW ENFORCEMENT. ‘‘(ii) fails to make a determination under The PRESIDING OFFICER. The Sen- ‘‘(a) PENALTIES.—Subsection (b) of section clause (i) before the date that is 30 days after ator from Washington. 2237 of title 18, United States Code, is amend- the date on which the Secretary makes a re- Mrs. MURRAY. Mr. President, I just ed to read as follows: quest under subparagraph (A). have to say I am really confused by ‘‘ ‘(b)(1) Except as otherwise provided in ‘‘(2) ENFORCEMENT.—In the case of refusal this because what we have offered is this subsection, whoever knowingly violates to obey a subpoena issued to any person simply what the Republicans agreed subsection (a) shall be fined under this title under this subsection, the Secretary may re- to—offered Monday night, and I have or imprisoned for not more than 5 years, or quest the Attorney General to invoke the aid both. of the appropriate district court of the come back to offer it again. It is per- ‘‘ ‘(2)(A) If the offense is one under para- United States to compel compliance.’’. plexing to me on an issue that is so im- graph (1) or (2)(A) of subsection (a) and has Strike section 1033(a)(2) and insert the fol- portant to my State, and to several an aggravating factor set forth in subpara- lowing: other States, that we can’t now, a few graph (B) of this paragraph, the offender ‘‘(2) SUBPOENAS.— days later, do this. So I am not sure we shall be fined under this title or imprisoned ‘‘(A) IN GENERAL.—In any investigation are not just having games about this. for any term of years or life, or both. under this section, the Administrator may It is extremely important to people in ‘‘ ‘(B) The aggravating factor referred to in issue a subpoena to require the attendance of my State, and I am deeply disconcerted subparagraph (A) is that the offense— a witness or the production of documents or ‘‘ ‘(i) results in death; or other evidence if— that the Republicans have not agreed ‘‘ ‘(ii) involves— ‘‘(i) before the issuance of the subpoena, to allow us to just pass the State sales ‘‘ ‘(I) an attempt to kill; the Administrator requests a determination tax deduction for 1 year. ‘‘ ‘(II) kidnapping or an attempt to kidnap; by the Attorney General of the United States Mr. President, I suggest the absence or as to whether the subpoena will interfere of a quorum. ‘‘ ‘(III) an offense under section 2241. with a criminal investigation; and The PRESIDING OFFICER. The ‘‘ ‘(3) If the offense is one under paragraph ‘‘(ii) the Attorney General— (1) or (2)(A) of subsection (a) and results in clerk will call the roll. ‘‘(I) determines that the subpoena will not serious bodily injury (as defined in section interfere with a criminal investigation; or The legislative clerk proceeded to 1365), the offender shall be fined under this ‘‘(II) fails to make a determination under call the roll. title or imprisoned for not more than 15 subclause (I) before the date that is 30 days Ms. CANTWELL. I ask unanimous years, or both. after the date on which the Administrator consent that the order for the quorum ‘‘ ‘(4) If the offense is one under paragraph makes a request under clause (i). call be rescinded. (1) or (2)(A) of subsection (a), involves know- ‘‘(B) ENFORCEMENT.—In the case of refusal to obey a subpoena issued to any person The PRESIDING OFFICER. Without ing transportation under inhumane conditions, and is committed in the course of a under this paragraph, the Administrator objection, it is so ordered. violation of section 274 of the Immigration may request the Attorney General to invoke f and Nationality Act, or chapter 77 or section the aid of the appropriate district court of 113 (other than under subsection (a)(4) or the United States to compel compliance.’’. COAST GUARD AUTHORIZATION (a)(5) of such section) or 117 of this title, the The PRESIDING OFFICER. The ACT FOR FISCAL YEARS 2010 offender shall be fined under this title or im- clerk will read the pay-go statement. AND 2011 prisoned for not more than 15 years, or both.’. The assistant legislative clerk read Ms. CANTWELL. Mr. President, I ask ‘‘(b) DEFINITION.—Section 2237(e) of title 18, as follows: the Chair to lay before the Senate a United States Code, is amended— Mr. CONRAD. After consultation message from the House with respect ‘‘(1) by amending paragraph (3) to read as with the chairman of the House Budget to H.R. 3619, the Coast Guard Author- follows: Committee, and on behalf of both of us, ization Act. ‘‘ ‘(3) the term ‘‘vessel subject to the juris- I hereby submit this Statement of The PRESIDING OFFICER laid be- diction of the United States’’ has the meaning given the term in section 70502 of title Budgetary Effects of PAYGO Legisla- fore the Senate a message from the 46;’; tion for H.R. 3619, as amended. House as follows: ‘‘(2) in paragraph (4), by striking ‘section 2 Total Budgetary Effects of H.R. 3619 for the Resolved, That the House agree to the of the Maritime Drug Law Enforcement Act 5-year Statutory PAYGO Scorecard: $0. amendment of the Senate to the bill (H.R. (46 U.S.C. App. 1903).’ and inserting ‘section 3619) entitled ‘‘An Act to authorize appro- 70502 of title 46; and’; and Total Budgetary Effects of H.R. 3619 for the priations for the Coast Guard for fiscal year ‘‘(3) by adding at the end the following new 10-year Statutory PAYGO Scorecard: $0. 2010, and for other purposes, with amend- paragraph: Also submitted for the RECORD as ments.’’ ‘‘ ‘(5) the term ‘‘transportation under inhu- part of this statement is a table pre- mane conditions’’ means— Ms. CANTWELL. I move to concur in ‘‘ ‘(A) transportation— pared by the Congressional Budget Of- the House amendments with amend- ‘‘ ‘(i) of one or more persons in an engine fice, which provides additional infor- ments, and I ask unanimous consent compartment, storage compartment, or mation on the budgetary effects of this that at the appropriate time, a budg- other confined space; Act, as follows:

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7719 CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 3619, THE COAST GUARD AUTHORIZATION ACT OF 2010, AS AMENDED, AND AS FURTHER AMENDED BY A DRAFT SENATE AMENDMENT (‘‘JEN10924’’) AS PROVIDED TO CBO BY THE SENATE BUDGET COMMITTEE ON SEPTEMBER 29, 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 Title VI of H.R. 3619 would authorize the U.S. Coast Guard (USCG) to extend certain expiring marine licenses, certificates of registry, and merchant mariners’ documents. Because the extension could delay the collection of fees charged for renewal of such documents, enacting this provision could reduce offsetting receipts over the next year or two. Some of those receipts may be spent without further appropriation, however, to cover collection costs. CBO estimates that the net effect on direct spending from enacting this provision would be insignificant. Title X of the legislation would establish new criminal and civil penalties. CBO estimates that any new revenues resulting from those penalties or related direct spending (of criminal penalties from the Crime Victims Fund) would be less than $500,000 a year. Other provisions of H.R. 3619 would direct the USCG to donate certain real and personal property to local governments or other nonfederal entities. CBO expects that, under current law, nearly all of that property would either be retained by the USCG or eventually given to other federal or nonfederal entities; therefore, donating those assets under the legislation would result in no significant loss of offsetting receipts.

Ms. CANTWELL. Mr. President, I see understands that a mention of the Conven- oppose the ratification of the United the leader is on the Senate floor, and I tion in the preamble of this Treaty does not Nations Convention on the Rights of will defer to him before making a create any obligations and does not affect or the Child. My resolution focuses on the enhance the status of the Convention as a statement about the legislation. fact that the Convention on the Rights The PRESIDING OFFICER. The ma- matter of United States or international law. of the Child is incompatible with the jority leader. Constitution of the United States and Mr. REID. Mr. President, I appreciate SEC. 4. DECLARATION. threatens U.S. principles of sov- very much my friend allowing me to Strike ‘‘SEC. 4. DECLARATIONS’’ and insert ‘‘ ’’. get some of this housekeeping stuff out SEC. 5. DECLARATIONS ereignty and self-governance. It would of the way. Mr. DEMINT. Mr. President, Ameri- place the U.S. under international cans seem to be losing more and more f legal standards in multiple areas of do- control over their lives due to govern- mestic policy that would have far- EXECUTIVE SESSION ment intrusion. The government has reaching effects on the way we educate decided what kinds of cars we can and raise our children. drive, what kinds of light bulbs we can HAGUE CONVENTION ON INTER- The Federal Government, or any purchase and what kind of health in- NATIONAL RECOVERY OF CHILD source of international law, should not surance we must carry. But now the SUPPORT AND FAMILY MAINTE- be mandating guidelines or setting government is going even further by NANCE standards for raising children. The Mr. REID. Mr. President, I ask unan- reaching into the family unit. I rise today to speak about an issue Convention on the Rights of the Child imous consent that the Senate proceed of great importance to families across would create international standards to executive session to consider Cal- America—the rights that parents have for parents that could be enforced endar No. 2, Treaty Document No. 110– over their families and the ever en- through U.S. courts at the expense of 21; that the treaty be considered as croaching role of the international the Constitution; courts could inappro- having advanced through the various community in American life—specifi- priately use references to the Conven- parliamentary stages, up to including cally through a treaty, the United Na- tion as legal precedent. the presentation of the resolution of tions Convention on the Rights of the ratification; that any committee res- Parents are best equipped to decide Child. ervations and declarations be agreed to how their children are raised and edu- While the Convention on the Rights cated, not the government, and cer- as applicable; that the DeMint amend- of the Child has many noble goals, I tainly not a board of bureaucrats ment, which is at the desk, be agreed have significant concerns about the ef- headquartered in Geneva, Switzerland. to; that any statements be printed in fects a treaty like this would have on the RECORD; further, that when the parental rights in America. This week The fight for protecting parental vote on the resolution of ratification is we looked at the Rights of the Child rights goes on. The DeMint amendment taken, the motion to reconsider be con- treaty again when it was referenced in to the Child Support Recovery Treaty sidered made and laid on the table, and the preamble of a different treaty—one is intended to ensure that despite the the President of the United States be on the international role in child sup- reference in the preamble, the Conven- immediately notified of the Senate’s port concerns, the Hague Treaty on tion on the Rights of the Child has no action. International Recovery of Child Sup- place in the U.S. legal system. The PRESIDING OFFICER. Without port and Other Forms of Family Main- objection, it is so ordered. As our Nation encounters new chal- The amendment (No. 4683) was agreed tenance. lenges, I believe the answers must in- So today, I am offering an amend- to, as follows: clude more freedom for Americans, not ment to the resolution of ratification (Purpose: To provide an understanding that more government control—and cer- for the Child Support Recovery Treaty the preamble to the Treaty does not create tainly not more international control. any obligations of the United States under that reinstates that the United States has not ratified the United Nations Congress must work to protect and the Convention on the Rights of the Child strengthen the freedom of American as a matter of United States or inter- Convention on the Rights of the Child. national law) My amendment states that ‘‘The families who are the backbone of our In the section heading for section 1, strike United States is not a party to the strength as a nation. ‘‘TWO RESERVATIONS AND THREE DEC- Convention on the Rights of the Child I yield the floor. LARATIONS’’ and insert ‘‘TWO RESERVA- and understands that a mention of the Mr. REID. Mr. President, I ask for a TIONS, ONE UNDERSTANDING, AND Convention in the preamble of this ’’. division vote on the resolution of rati- THREE DECLARATIONS Treaty does not create any obligations In section 1, strike ‘‘the reservations of fication. section 2, the declaration of section 3, and and does not affect or enhance the status of the Convention as a matter of The PRESIDING OFFICER. A divi- the declarations of section 4’’ and insert ‘‘the sion has been requested. reservations of section 2, the understanding United States or international law.’’ of section 3, the declaration of section 4, and Last year, I introduced a joint reso- Senators in favor of the resolution of the declarations of section 5’’. lution proposing an amendment to the ratification, please rise. Those opposed Strike ‘‘SEC. 3. DECLARATION’’ and insert U.S. Constitution concerning the will rise and stand until counted. the following: rights of parents and their families, With two-thirds of the Senators SEC. 3. UNDERSTANDING. which would protect the liberty of par- The advice and consent of the Senate present having voted in the affirma- ents to direct the upbringing and edu- under section 1 is subject to the following tive, the resolution of ratification is cation of their children in the face of understanding, which shall be included in agreed to. the instrument of ratification: government intrusion. The United States is not a party to the Earlier this year, 30 Senators, includ- The resolution of ratification, as Convention on the Rights of the Child and ing myself, introduced a resolution to amended, was agreed to, as follows:

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7720 CONGRESSIONAL RECORD — SENATE September 29, 2010 TREATY tary stages, up to and including the Code of Federal Regulations) have been pub- [Hague Convention on International Recov- presentation of the resolutions of rati- lished in the Federal Register pursuant to ery of Child Support and Family Mainte- fication; that any committee reserva- the Arms Export Control Act, as appro- nance (Treaty Doc. 110–21)] tions and declarations be agreed to as priate, that would, upon entry into force of Sec. 1. Senate Advice and Consent subject the Treaty— applicable; that any statements be (i) make clear the legal obligation for any to two reservations, one understanding, and printed in the RECORD; further, that person involved in an Export, Re-export, three declarations. when the votes on the resolutions of The Senate advises and consents to the Transfer, or Re-transfer under the Treaty to ratification of the Hague Convention on the ratification are taken, the motions to comply with all requirements in the revised International Recovery of Child Support and reconsider be considered made and laid International Traffic in Arms Regulations, Other Forms of Family Maintenance (the on the table en bloc, and the President including by taking all reasonable steps to ‘‘Convention’’), adopted at The Hague on No- of the United States be immediately ensure the accuracy of information received vember 23, 2007 (Treaty Doc. 110–21), subject from a member of the Approved Community notified of the Senate’s action. that is party to an Export, Re-export, Trans- to the reservations of section 2, the under- The PRESIDING OFFICER. Without standing of section 3, the declaration of sec- fer, or Re-transfer under the Treaty; objection, it is so ordered. (ii) make clear the legal obligation for Ap- tion 4, and the declarations of section 5. Mr. REID. Mr. President, I ask for a proved Community members to comply with Sec. 2. Reservations. The advice and con- United States Government instructions and sent of the Senate under section 1 is subject division vote on each resolution of rati- requirements regarding United States De- to the following reservations, which shall be fication. fense Articles added to the list of exempt De- included in the instrument of ratification: The PRESIDING OFFICER. A divi- (1) In accordance with Articles 20 and 62 of sion has been requested. fense Articles pursuant to Article 3(2) of the the Convention, the United States of Amer- Treaty; Senators in favor of the resolution of (iii) limit a person from being a member of ica makes a reservation that it will not rec- ratification, please rise. the United States Community, pursuant to ognize or enforce maintenance obligation de- Those opposed will rise and stand Article 5(2) of the Treaty, if that person is cisions rendered on the jurisdictional bases until counted. generally ineligible to export pursuant to set forth in subparagraphs 1(c), 1(e), and 1(f) section 120.1(c) of title 22, Code of Federal of Article 20 of the Convention. With two-thirds of the Senators (2) In accordance with Articles 44 and 62 of present having voted in the affirma- Regulations; and (iv) require any nongovernmental entity the Convention, the United States of Amer- tive, the resolution of ratification is that ceases to be included in the United ica makes a reservation that it objects to agreed to. States Community to comply with instruc- the use of the French language in commu- The resolution of ratification was tions from authorized United States Govern- nications between the Central Authority of agreed to, as follows: ment officials and to open its records of any other Contracting State and the Central TREATY transactions under the Treaty to inspection Authority of the United States of America. by United States Government and, as appro- Sec . 3. Understanding. The advice and con- [Treaty with United Kingdom Concerning priate, authorized United Kingdom Govern- sent of the Senate under section 1 is subject Defense Trade Cooperation (Treaty Doc. ment officials pursuant to Article 12 of the to the following understanding, which shall 110–7)] Treaty. be included in the instrument of ratification: Section 1. Senate Advice and Consent Sub- (C) Before any exchange of notes pursuant The United States is not a party to the ject to Conditions, Understandings And Dec- to Article 20 of the Treaty, the President Convention on the Rights of the Child and larations. shall submit to the Congress— understands that a mention of the Conven- The Senate advises and consents to the (i) a certification that appropriate mecha- tion in the preamble of this Treaty does not ratification of the Treaty Between the Gov- nisms have been established to identify, in create any obligations and does not affect or ernment of the United States of America and connection with the process for determining enhance the status of the Convention as a the Government of the United Kingdom of whether a nongovernmental entity is in the matter of the United States or international Great Britain and Northern Ireland Con- United States Community pursuant to Arti- law. cerning Defense Trade Cooperation, done at cle 5(2) of the Treaty, persons who meet the Sec. 4. Declaration. The advice and consent Washington and London on June 21 and 26, criteria in section 38(g)(1) of the Arms Ex- of the Senate under section 1 is subject to 2007 (Treaty Doc. 110–7) (as defined in section port Control Act (22 U.S.C. 2778(g)(1)); the following declaration, which shall be in- 5 of this resolution), subject to the condi- (ii) a certification that appropriate mecha- cluded in the instrument of ratification: tions in section 2, the understandings in sec- nisms have been established to verify that The United States of America declares, in tion 3 and the declarations in section 4. nongovernmental entities in the United accordance with Articles 61 and 63 of the Section 2. Conditions. States that Export pursuant to the Treaty Convention, that for the United States of The Senate’s advice and consent to the are eligible to export Defense Articles under America the Convention shall extend only to ratification of the Treaty with the United United States law and regulation as required the following: all 50 U.S. states, the District Kingdom Concerning Defense Trade Coopera- by Article 5(2) of the Treaty; of Columbia, Guam, Puerto Rico, and the tion is subject to the following conditions, (iii) a certification that United States De- U.S. Virgin Islands. which shall be binding upon the President: partment of Homeland Security personnel at Sec. 5. Declarations. The advice and con- (1) United States preparation for treaty United States ports— sent of the Senate under section 1 is subject implementation. (a) have prompt access to a State Depart- to the following declarations: (A) At least 15 days before any exchange of ment database containing registered export- (1) Article 55 of the Convention sets forth notes pursuant to Article 20 of the Treaty, ers, freight forwarders and consignees, and a special procedure for the amendment of the the President shall submit to the Congress a watch lists regarding United States compa- forms annexed to the Convention. In the report— nies; and event that the United States of America does (i) describing steps taken to insure that (b) are prepared to prevent attempts to ex- not want a particular amendment to the the Executive branch and United States in- port pursuant to the Treaty by United States forms adopted in accordance with Article 55 dustry are prepared to comply with Treaty persons who are not eligible to export De- to enter into force for the United States of requirements; fense Articles under United States law or America on the first day of the seventh cal- (ii) analyzing the implications of the Trea- regulation, even if such person has registered endar month after the date of its commu- ty, and especially of Article 3(3) of the Trea- with the United States Government; nication by the depositary to all parties, the ty, for the protection of intellectual prop- (iv) a certification that the Secretary of Executive Branch may by notification in erty rights of United States persons; Defense has promulgated appropriate writing to the depositary make a reserva- (iii) explaining what steps the United changes to the National Industrial Security tion, in accordance with Article 62 of the States Government is taking and will take Program Operating Manual and to Regula- Convention, with respect to that amendment to combat improper or illegal intangible ex- tion DoD 5200.1-R, ‘‘Information Security and without the approval of the Senate. ports (i.e., exports as defined in part Program,’’ and has issued guidance to indus- (2) This Convention is not self-executing. 120.17(a)(4) of title 22, Code of Federal Regu- try regarding marking and other Treaty TREATY WITH UNITED KINGDOM CONCERNING lations) under the Treaty; and compliance requirements; and DEFENSE TRADE COOPERATION (iv) setting forth the issues to be addressed (v) a certification that a capability has TREATY WITH AUSTRALIA CONCERNING DEFENSE in the Management Plan called for by Sec- been established to conduct post-shipment TRADE COOPERATION tion 12(3)(f) of the Implementing Arrange- verification, end-use/end-user monitoring Mr. REID. Mr. President, I ask unan- ment and the procedures that are expected and related security audits for Exports under imous consent that the Senate consider to be adopted in that Plan. the Treaty, accompanied by a report setting (B) Before any exchange of notes pursuant forth the legal authority, staffing and budget Calendar Nos. 5 and 6, Treaty Docu- to Article 20 of the Treaty, the President provided for this capability and any further ment Nos. 110–7 and 110–10; that the shall submit to the Congress a certification Executive branch or congressional action treaties be considered as having ad- that changes to the International Traffic in recommended to ensure its effective imple- vanced through the various parliamen- Arms Regulations (parts 120–130 of title 22, mentation.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7721 (2) Treaty partner preparation for treaty the Treaty and Section 7(9) of the Imple- (A) a summary of the amount of Exports implementation. Before any exchange of menting Arrangement. under the Treaty and of Defense Articles notes pursuant to Article 20 of the Treaty, (B) The Secretary of State shall inform the transitioned into the Treaty, with an anal- the President shall certify to Congress that Committee on Foreign Relations of the Sen- ysis of how the Treaty is being used; the Government of the United Kingdom has ate and the Committee on Foreign Affairs of (B) a list of all political contributions, promulgated all necessary regulatory the House of Representatives not later than gifts, commissions and fees paid, or offered changes, including: 5 days before the U.S. Government agrees to or agreed to be paid, by any person in con- (A) changes to export control regulations, the initial inclusion in the United Kingdom nection with Exports of Defense Articles setting forth a Treaty-specific Open General Community of a nongovernmental United under the Treaty in order to solicit, pro- Export License (OGEL); Kingdom entity, if the Department of State mote, or otherwise to secure the conclusion (B) changes to the United Kingdom Secu- is aware that the entity, or any one or more of such sales; rity Policy Framework and related security of its relevant senior officers or officials: (C) any action to remove from the United regulations for Government and United (i) Has been convicted of violating a stat- Kingdom Community a nongovernmental en- Kingdom Industry; and ute cited in paragraph 38(g)(1) of the Arms tity or facility previously engaged in activi- (C) changes to the MOD Classified Material Export Control Act (22 U.S.C. 2778(g)(1)); or ties under the Treaty, other than due to rou- Release Procedure (F680), to take account of (ii) is, or would be if that person were a tine name or address changes or mergers and Treaty Re-exports and Re-transfers. United States person, acquisitions; (3) Joint operations, programs and (a) ineligible to contract with any agency (D) any concerns relating to infringement projects. of the U.S. Government; of intellectual property rights that were The Secretary of State shall keep the Com- (b) ineligible to receive a license or other raised to the President or an Executive mittee on Foreign Relations of the Senate form of authorization to export from any branch Department or Agency by Approved and the Committee on Foreign Affairs of the agency of the U.S. Government; or Community members, and developments re- (c) ineligible to receive a license or any House of Representatives informed of the garding any concerns that were raised in pre- form of authorization to import defense arti- lists of combined military and counter-ter- vious years; cles or defense services from any agency of rorism operations developed pursuant to Ar- (E) a description of any relevant investiga- the U.S. Government. tion and each prosecution pursued with re- ticle 3(1)(a) of the Treaty; cooperative secu- (C) The Secretary of State shall inform and rity and defense research, development, pro- spect to activities under the Treaty, the re- consult with the Committee on Foreign Re- sults of such investigations or prosecutions duction, and support programs developed lations of the Senate and the Committee on pursuant to Article 3(1)(b) of the Treaty; and and of such investigations and prosecutions Foreign Affairs of the House of Representa- that continued over from previous years, and specific security and defense projects devel- tives not later than 5 days after the United oped pursuant to article 3(1)(c) of the Treaty. any shortfalls in obtaining prompt notifica- States Government agrees to the continued tion pursuant to Article 13(3) of the Treaty (4) Exempted defense articles. inclusion in the United Kingdom Community (A) The President may remove a Defense or in cooperation between the Parties pursu- of a nongovernmental United Kingdom enti- Article from the list of Defense Articles ex- ant to Article 13(3) and (4) of the Treaty; ty, if the Department is aware that the enti- empt from the Scope of the Treaty, if such (F) a description of any post-shipment ty, or any one or more of its relevant senior removal is not barred by United States law, verification, end-user/end-use monitoring, or officers or officials, raises one or more of the 30 days after the President informs the Com- other security activity related to Treaty im- concerns referred to in paragraph (B). mittee on Foreign Relations of the Senate plementation conducted during the year, the (7) Transition policies and procedures. purposes of such activity and the results and the Committee on Foreign Affairs of the (A) No fewer than 15 days before formally achieved; and House of Representatives of such proposed establishing the procedures called for in Sec- removal. (G) any Office of Inspector General activity tion 5(5) of the Implementing Arrangement, bearing upon Treaty implementation con- (B) When a Defense Article is added to the the President shall provide to the Committee list of Defense Articles exempt from the ducted during the year, any resultant find- on Foreign Relations of the Senate and the ings or recommendations, and any actions Scope of the Treaty, the Secretary of State Committee on Foreign Affairs of the House shall provide a copy of the Federal Register taken in response to current or past findings of Representatives a report concerning the or recommendations. Notice delineating the policies and proce- policies and procedures developed to govern dures that will govern the control of such Section 3. Understandings. the transition to the application of the Trea- The Senate’s advice and consent to the Defense Article, consistent with Section 4(7) ty, pursuant to Article 3(3) of the Treaty, of ratification of the Treaty with the United of the Implementing Arrangement, as well as Defense Articles acquired and delivered Kingdom Concerning Defense Trade Coopera- an explanation of the reasons for adopting under the Foreign Military Sales program. tion is subject to the following under- those policies and procedures, to the Com- (B) No fewer than 15 days before formally standings, which shall be included in the in- mittee on Foreign Relations of the Senate establishing the procedures called for in Sec- strument of ratification: and the Committee on Foreign Affairs of the tion 8(2) of the Implementing Arrangement, (1) Meaning of the phrase ‘‘identified in.’’ House of Representatives within five days of the President shall provide to the Committee It is the understanding of the United the issuance of such Notice. on Foreign Relations of the Senate and the States that the phrase ‘‘identified in’’ in the (5) Changes to the definition of the terri- Committee on Foreign Affairs of the House Treaty shall be interpreted as meaning tory of the United Kingdom. of Representatives a report concerning the ‘‘identified pursuant to.’’ (A) The Secretary of State shall inform the policies and procedures developed to govern (2) Meaning of the word ‘‘scope.’’ Committee on Foreign Relations of the Sen- the members of the United Kingdom Commu- It is the understanding of the United ate and the Committee on Foreign Affairs of nity wishing to transition to the processes States that the word ‘‘Scope’’ in the Treaty the House of Representatives within 15 days established under the Treaty, pursuant to shall be interpreted as meaning ‘‘the Trea- of the initiation of consultations with the Article 14(2) of the Treaty, from the require- ty’s coverage as identified in Article 3.’’ United Kingdom concerning the inclusion of ments of a United States Government export (3) Cooperative programs with exempt and any additional territory or territories in the license or other authorization. non-exempt defense articles. definition of ‘‘Territory of the United King- (8) Congressional oversight. It is the understanding of the United dom’’ for the purposes of Article 1(8) of the (A) The Secretary of State shall inform the States that if a cooperative program is mu- Treaty, and shall inform the Committees Committee on Foreign Relations of the Sen- tually determined, consistent with Section within 15 days of receipt through diplomatic ate and the Committee on Foreign Affairs of 2(2)(e) of the Implementing Arrangement, to channels of notice that a territory or group the House of Representatives promptly of be within the Scope of the Treaty pursuant of territories has been added to the defini- any report, consistent with Section to Article 3(1)(b) of the Treaty despite in- tion of ‘‘Territory of the United Kingdom’’ 11(4)(b)(vi) of the Implementing Arrange- volving Defense Articles that are exempt for the purposes of Article 1(8) of the Treaty. ment, of a material violation of Treaty re- from the Scope of the Treaty pursuant to Ar- (B) The Secretary of State shall consult quirements or procedures by a member of the ticle 3(2) of the Treaty, the exempt Defense with the Committee on Foreign Relations of Approved Community. Articles shall remain exempt from the Scope the Senate and the Committee on Foreign (B) The Department of State shall brief the of the Treaty and the Treaty shall apply Affairs of the House of Representatives be- Committee on Foreign Relations of the Sen- only to non-exempt Defense Articles re- fore approving any addition to the United ate and the Committee on Foreign Affairs of quired for the program. Kingdom Community of a non-governmental the House of Representatives regularly re- (4) Investigations and reports of alleged entity or facility outside the territory of garding issues raised in the Management violations. England, Scotland, Wales, or Northern Ire- Board called for in Section 12(3) of the Imple- It is the understanding of the United land. menting Arrangement, and the resolution of States that the words ‘‘as appropriate’’ in (6) Approved community membership. such issues. Section 10(3)(f) of the Implementing Ar- (A) If sanctions are in effect against a per- (9) Annual report. rangement do not detract in any way from son in the United Kingdom Community pur- Not later than March 31, 2011, and annually the obligation in Article 13(3) of the Treaty, suant to section 73(a)(2)(B) or section 81 of thereafter, the President shall submit to that ‘‘Each Party shall promptly investigate the Arms Export Control Act (22 U.S.C. Congress a report, which shall cover all all suspected violations and reports of al- 2797b(a)(2)(B) or 2798), the United States shall Treaty activities during the previous cal- leged violations of the procedures estab- raise the matter pursuant to Article 4(2) of endar year. This report shall include: lished pursuant to this Treaty, and shall

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7722 CONGRESSIONAL RECORD — SENATE September 29, 2010 promptly inform the other Party of the refer,’’ ‘‘Approved Community,’’ ‘‘United comply with all requirements in the revised sults of such investigations.’’ States Community,’’ ‘‘United Kingdom Com- International Traffic in Arms Regulations, (5) Exempt defense articles. munity,’’ and ‘‘Territory of the United King- including by taking all reasonable steps to It is the understanding of the United dom’’ have the meanings given to them in ensure the accuracy of information received States that if one Party to the Treaty ex- Article 1 of the Treaty. from a member of the Approved Community empts a type of Defense Articles from the (4) The terms ‘‘Management Board’’ and that is party to an Export, Re-export, Trans- scope of the Treaty pursuant to Article 3(2) ‘‘Management Plan’’ have the meanings fer, or Re-transfer under the Treaty; of the Treaty, then Defense Articles of that given to them in Section 1 of the Imple- (ii) make clear the legal obligation for Ap- type will be treated as exempt by both Par- menting Arrangement. proved Community members to comply with ties to the Treaty. (5) The terms ‘‘person’’ and ‘‘foreign per- United States Government instructions and (6) Intermediate consignees. son’’ have the meaning given to them by sec- requirements regarding United States De- It is the understanding of the United tion 38(g)(9) of the Arms Export Control Act fense Articles added to the list of exempt De- States that any intermediate consignee of an (22 U.S.C. 2778(g)(9)). The term ‘‘U.S. person’’ fense Articles pursuant to Article 3(2) of the Export from the United States under the has the meaning given to it by part 120.15 of Treaty; Treaty must be a member of the Approved title 22, Code of Federal Regulations. (iii) limit a person from being a member of Community or otherwise approved by the The PRESIDING OFFICER. Senators the United States Community, pursuant to United States Government. Article 5(2) of the Treaty, if that person is (7) Scope of treaty exemption. in favor of the next resolution of ratifi- generally ineligible to export pursuant to The United States interprets the Treaty cation, please rise. Those opposed will section 120.1(c) of title 22, Code of Federal not to exempt any person or entity from any rise and stand until counted. Regulations; and United States statutory and regulatory re- With two-thirds of the Senators (iv) require any nongovernmental entity quirements, including any requirements of present having voted in the affirma- that ceases to be included in the United licensing or authorization, other than those States Community to comply with instruc- included in the International Traffic in Arms tive, the resolution of ratification is agreed to. tions from authorized United States Govern- Regulations, as modified or amended. ment officials and to open its records of Accordingly, the United States interprets The resolution of ratification was transactions under the Treaty to inspection the term ‘license or other written authoriza- agreed to, as follows: by United States Government and, as appro- tion’ in Article 2 and the term ‘licenses or TREATY priate, authorized Australian Government other authorizations’ in Article 6(1), as these officials pursuant to Article 12 of the Treaty. terms apply to the United States, and the [Treaty with Australia Concerning Defense Trade Cooperation (Treaty Doc. 110–10)] (C) Before any exchange of notes pursuant term ‘prior written authorization by the to Article 20 of the Treaty, the President Section 1. Senate Advice and Consent Sub- United States Government’ in Article 7, to shall submit to the Congress— ject to Conditions, Understandings and Dec- refer only to such licenses, licensing require- (i) a certification that appropriate mecha- larations ments, and other authorizations as are re- nisms have been established to identify, in The Senate advises and consents to the quired or issued by the United States pursu- connection with the process for determining ratification of the Treaty Between the Gov- ant to the International Traffic in Arms whether a nongovernmental entity is in the ernment of the United States of America and Regulations, as modified or amended; and United States Community pursuant to Arti- the Government of Australia Concerning De- the United States interprets the reference to cle 5(2) of the Treaty, persons who meet the fense Trade Cooperation, done at Sydney, ‘the applicable licensing requirements and criteria in section 38(g)(1) of the Arms Ex- September 5, 2007 (Treaty Doc. 110–10). (as de- the implementing regulations of the United port Control Act (22 U.S.C. 2778(g)(1)); States Arms Export Control Act’ in Article fined in section 5 of this resolution), subject (ii) a certification that appropriate mecha- 13(1) to refer only to the applicable licensing to the conditions in section 2, the under- nisms have been established to verify that requirements under the International Traffic standings in section 3 and the declarations in nongovernmental entities in the United in Arms Regulations, as modified or amend- section 4. States that Export pursuant to the Treaty ed. Section 2. Conditions. are eligible to export Defense Articles under Section 4. Declarations. The Senate’s advice and consent to the United States law and regulation as required The Senate’s advice and consent to the ratification of the Treaty with Australia by Article 5(2) of the Treaty; ratification of the Treaty with the United Concerning Defense Trade Cooperation is (iii) a certification that United States De- Kingdom Concerning Defense Trade Coopera- subject to the following conditions, which partment of Homeland Security personnel at tion is subject to the following declarations: shall be binding upon the President: United States ports— (1) Self-execution. (1) United States preparation for treaty (a) have prompt access to a State Depart- This Treaty is not self-executing in the implementation. ment database containing registered export- United States, notwithstanding the state- (A) At least 15 days before any exchange of ers, freight forwarders and consignees, and ment in the preamble to the contrary. notes pursuant to Article 20 of the Treaty, watch lists regarding United States compa- (2) Private rights. the President shall submit to the Congress a This Treaty does not confer private rights nies; and report— (b) are prepared to prevent attempts to ex- enforceable in United States courts. (i) describing steps taken to ensure that (3) Intellectual property rights. port pursuant to the Treaty by United States the Executive branch and United States in- No liability will be incurred by or attrib- persons who are not eligible to export De- dustry are prepared to comply with Treaty uted to the United States Government in fense Articles under United States law or requirements; connection with any possible infringement of regulation, even if such person has registered (ii) analyzing the implications of the Trea- privately owned patent or proprietary rights, with the United States Government; ty, and especially of Article 3(3) of the Trea- either domestic or foreign, by reason of the (iv) a certification that the Secretary of ty, for the protection of intellectual prop- United States Government’s permitting Ex- Defense has promulgated appropriate erty rights of United States persons; ports or Transfers or its approval of Re-exchanges to the National Industrial Security (iii) explaining what steps the United ports or Re-transfers under the Treaty. Program Operating Manual and to Regula- Section 5. Definitions. States Government is taking and will take tion DoD 5200.1–R, ‘‘Information Security As used in this resolution: to combat improper or illegal intangible ex- Program,’’ and has issued guidance to indus- (1) The terms ‘‘Treaty with the United ports (i.e., exports as defined in part try regarding marking and other Treaty Kingdom Concerning Defense Trade Coopera- 120.17(a)(4) of title 22, Code of Federal Regu- compliance requirements; and tion’’ and ‘‘Treaty’’ mean the Treaty be- lations) under the Treaty; and (v) a certification that a capability has tween the Government of the United States (iv) setting forth the issues to be addressed been established to conduct post-shipment of America and the Government of the in the Management Plan called for by Sec- verification, end-use/end-user monitoring United Kingdom of Great Britain and North- tion 12(3)(f) of the Implementing Arrange- and related security audits for Exports under ern Ireland Concerning Defense Trade Co- ment and the procedures that are expected the Treaty, accompanied by a report setting operation, done at Washington and London to be adopted in that Plan. forth the legal authority, staffing and budget on June 21 and 26, 2007. (B) Before any exchange of notes pursuant provided for this capability and any further (2) The terms ‘‘Implementing Arrangement to Article 20 of the Treaty, the President Executive branch or congressional action Pursuant to the Treaty’’ and ‘‘Implementing shall submit to the Congress a certification recommended to ensure its effective imple- Arrangement’’ mean the Implementing Ar- that changes to the International Traffic in mentation. rangement Pursuant to the Treaty between Arms Regulations (parts 120–130 of title 22, (2) Treaty partner preparation for treaty the Government of the United States of Code of Federal Regulations) have been pub- implementation. America and the Government of the United lished in the Federal Register pursuant to Before any exchange of notes pursuant to Kingdom of Great Britain and Northern Ire- the Arms Export Control Act, as appro- Article 20 of the Treaty, the President shall land Concerning Defense Trade Cooperation, priate, that would, upon entry into force of certify to Congress that the Government of which was signed in Washington on February the Treaty,— Australia has— 14, 2008. (i) make clear the legal obligation for any (A) enacted legislation to strengthen gen- (3) The terms ‘‘Defense Articles,’’ ‘‘Ex- person involved in an Export, Re-export, erally its controls over defense and dual-use port,’’ ‘‘Re-export,’’ ‘‘Re-transfer,’’ ‘‘Trans- Transfer, or Re-transfer under the Treaty to goods, including controls over intangible

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7723 transfers of controlled technology and duction, and support programs developed tion 7(2) of the Implementing Arrangement, brokering of controlled goods, technology, pursuant to Article 3(1)(b) of the Treaty; and the President shall provide to the Committee and services, and setting forth: specific security and defense projects devel- on Foreign Relations of the Senate and the (i) the criteria for entry into the Aus- oped pursuant to article 3(1)(c) of the Treaty. Committee on Foreign Affairs of the House tralian Community and the conditions Aus- (4) Exempted defense articles. of Representatives a report concerning the tralian Community members must abide by (A) The President may remove a Defense policies and procedures developed to govern to maintain membership, including per- Article from the list of Defense Articles ex- the members of the Australian Community sonnel, information and facilities security empt from the Scope of the Treaty, if such wishing to transition to the processes estab- requirements; removal is not barred by United States law, lished under the Treaty, pursuant to Article (ii) the record-keeping and notification and 30 days after the President informs the Com- 14(2) of the Treaty, from the requirements of reporting requirements under the Treaty; mittee on Foreign Relations of the Senate a United States Government export license (iii) the handling, marking and classifica- and the Committee on Foreign Affairs of the or other authorization. tion requirements for United States and Aus- House of Representatives of such proposed (7) Congressional oversight. tralian Defense Articles Exported or Trans- removal. (A) The Secretary of State shall inform the ferred under the Treaty; (B) When a Defense Article is added to the Committee on Foreign Relations of the Sen- (iv) the requirements for Exports and list of Defense Articles exempt from the ate and the Committee on Foreign Affairs of Transfers of United States Defense Articles Scope of the Treaty, the Secretary of State the House of Representatives promptly of outside the Approved Community or to a shall provide a copy of the Federal Register any report, consistent with Section 11(6)(f) of third country; Notice delineating the policies and proce- the Implementing Arrangement, of a mate- (v) the rules for handling United States De- dures that will govern the control of such rial violation of Treaty requirements or pro- fense Articles that are added to or removed Defense Article, consistent with Section 4(7) cedures by a member of the Approved Com- from the list of items exempted from Treaty of the Implementing Arrangement, as well as munity. application; an explanation of the reasons for adopting (B) The Department of State shall brief the (vi) the rules for transitioning into and out those policies and procedures, to the Com- Committee on Foreign Relations of the Sen- of the Australian Community; mittee on Foreign Relations of the Senate ate and the Committee on Foreign Affairs of (vii) auditing, monitoring and investiga- and the Committee on Foreign Affairs of the the House of Representatives regularly re- tive powers for Commonwealth officials and House of Representatives within five days of garding issues raised in the Management powers to allow Commonwealth officials to the issuance of such Notice. Board called for in Section 12(3) of the Imple- perform post-shipment verifications and end- (5) Approved community membership. menting Arrangement, and the resolution of use/end-user monitoring; and (A) If sanctions are in effect against a per- such issues. (viii) offenses and penalties, and adminis- son in the Australian Community pursuant (8) Annual report. trative requirements, necessary for the en- to section 73(a)(2)(B) or section 81 of the Not later than March 31, 2011, and annually forcement of the Treaty and its Imple- Arms Export Control Act (22 U.S.C. thereafter, the President shall submit to menting Arrangement; and 2797b(a)(2)(B) or 2798), the United States shall Congress a report, which shall cover all (B) promulgated regulatory changes set- raise the matter pursuant to Article 4(2) of Treaty activities during the previous cal- ting forth: the Treaty and Section 6(9) of the Imple- endar year. This report shall include: (i) the criteria for entry into the Aus- menting Arrangement. (A) a summary of the amount of Exports tralian Community, and terms for maintain- (B) The Secretary of State shall inform the under the Treaty and of Defense Articles ing Australian Community membership; Committee on Foreign Relations of the Sen- transitioned into the Treaty, with an anal- (ii) the criteria for individuals to become ate and the Committee on Foreign Affairs of ysis of how the Treaty is being used; authorized to access United States Defense the House of Representatives not later than (B) a list of all political contributions, Articles received pursuant to the Treaty; 5 days before the U.S. Government agrees to gifts, commissions and fees paid, or offered (iii) benefits stemming from Australian the initial inclusion in the Australian Com- or agreed to be paid, by any person in con- Community membership, including a frame- munity of a nongovernmental Australian en- nection with Exports of Defense Articles work for license-free trade with the United tity, if the Department of State is aware under the Treaty in order to solicit, pro- States in classified or controlled items fall- that the entity, or any one or more of its rel- mote, or otherwise to secure the conclusion ing within the scope of the Treaty; evant senior officers or officials: of such sales; (iv) the conditions Australian Community (i) Has been convicted of violating a stat- (C) any action to remove from the Aus- members must abide by to maintain mem- ute cited in paragraph 38(g)(1) of the Arms tralian Community a nongovernmental enti- bership, including: Export Control Act (22 U.S.C. 2778(g)(1)); or ty or facility previously engaged in activi- (a) record-keeping and notification re- (ii) is, or would be if that person were a ties under the Treaty, other than due to rou- quirements; United States person, tine name or address changes or mergers and (b) marking and classification require- (a) ineligible to contract with any agency acquisitions; ments for defense articles Exported or Trans- of the U.S. Government; (D) any concerns relating to infringement ferred under the Treaty; (b) ineligible to receive a license or other of intellectual property rights that were (c) requirements for the Re-transfer to form of authorization to export from any raised to the President or an Executive non-Approved Community members and Re- agency of the U.S. Government; or branch Department or Agency by Approved export to a third country of defense articles; (c) ineligible to receive a license or any Community members, and developments re- and form of authorization to import defense arti- garding any concerns that were raised in pre- (d) maintaining security standards and cles or defense services from any agency of vious years; measures articulated in Defense protective the U.S. Government. security policy to protect defense articles (C) The Secretary of State shall inform and (E) a description of any relevant investiga- pursuant to the Treaty; consult with the Committee on Foreign Re- tion and each prosecution pursued with re- (v) provisions to enforce the procedures es- lations of the Senate and the Committee on spect to activities under the Treaty, the re- tablished pursuant to the Treaty, including Foreign Affairs of the House of Representa- sults of such investigations or prosecutions auditing and monitoring powers for Aus- tives not later than 5 days after the United and of such investigations and prosecutions tralian Department of Defence officials and States Government agrees to the continued that continued over from previous years, and powers to allow Department of Defence offi- inclusion in the Australian Community of a any shortfalls in obtaining prompt notifica- cials to perform post-shipment verifications nongovernmental Australian entity, if the tion pursuant to Article 13(3) of the Treaty and end-use/end-user monitoring; Department is aware that the entity, or any or in cooperation between the Parties pursu- (vi) offenses and penalties, including ad- one or more of its relevant senior officers or ant to Article 13(3) and (4) of the Treaty; ministrative and criminal penalties and sus- officials, raises one or more of the concerns (F) a description of any post-shipment pension and termination from the Australian referred to in paragraph (B). verification, end-user/end-use monitoring, or Community, to enforce the provisions of the (6) Transition policies and procedures. other security activity related to Treaty im- Treaty; and (A) No fewer than 15 days before formally plementation conducted during the year, the (vii) requirements and standards for transi- establishing the procedures called for in Sec- purposes of such activity and the results tion into or out of the Australian Commu- tion 5(5) of the Implementing Arrangement, achieved; and nity and Treaty framework. the President shall provide to the Committee (G) any Office of Inspector General activity (3) Joint operations, programs and on Foreign Relations of the Senate and the bearing upon Treaty implementation con- projects. Committee on Foreign Affairs of the House ducted during the year, any resultant find- The Secretary of State shall keep the Com- of Representatives a report concerning the ings or recommendations, and any actions mittee on Foreign Relations of the Senate policies and procedures developed to govern taken in response to current or past findings and the Committee on Foreign Affairs of the the transition to the application of the Trea- or recommendations. House of Representatives informed of the ty, pursuant to Article 3(3) of the Treaty, of Section 3. Understandings. lists of combined military and counter-ter- Defense Articles acquired and delivered The Senate’s advice and consent to the rorism operations developed pursuant to Ar- under the Foreign Military Sales program. ratification of the Treaty with Australia ticle 3(1)(a) of the Treaty; cooperative secu- (B) No fewer than 15 days before formally Concerning Defense Trade Cooperation is rity and defense research, development, pro- establishing the procedures called for in Sec- subject to the following understandings,

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7724 CONGRESSIONAL RECORD — SENATE September 29, 2010 which shall be included in the instrument of (3) Intellectual property rights. No liabil- NOMINATIONS DISCHARGED ratification: ity will be incurred by or attributed to the Mr. REID. Mr. President, I ask unan- (1) Meaning of the phrase ‘‘identified in.’’ United States Government in connection It is the understanding of the United with any possible infringement of privately imous consent that the Foreign Rela- States that the phrase ‘‘identified in’’ in the owned patent or proprietary rights, either tions Committee be discharged en bloc Treaty shall be interpreted as meaning domestic or foreign, by reason of the United of the following nominations: PN1991, ‘‘identified pursuant to.’’ States Government’s permitting Exports or PN1988, PN1992, PN1952, PN1994, (2) Cooperative programs with exempt and Transfers or its approval of Re-exports or PN1989, PN1995, and PN2129. non-exempt defense articles. Re-transfers under the Treaty. The PRESIDING OFFICER. Without It is the understanding of the United States that if a cooperative program is mu- Section 5. Definitions. objection, it is so ordered. The nomina- tually determined, consistent with Section As used in this resolution: tions are discharged en bloc. 2(2)(e) of the Implementing Arrangement, to (1) The terms ‘‘Treaty with Australia Con- Mr. REID. Mr. President, I ask unan- be within the Scope of the Treaty pursuant cerning Defense Trade Cooperation’’ and imous consent that the Senate proceed to Article 3(1)(b) of the Treaty despite in- ‘‘Treaty’’ mean the Treaty between the Gov- en bloc to their consideration; that the ernment of the United States of America and volving Defense Articles that are exempt nominations be confirmed en bloc, the from the Scope of the Treaty pursuant to Ar- the Government of Australia Concerning De- fense Trade Cooperation, done at Sydney, motions to reconsider be considered ticle 3(2) of the Treaty, the exempt Defense made and laid upon the table en bloc, Articles shall remain exempt from the Scope September 5, 2007. of the Treaty and the Treaty shall apply (2) The terms ‘‘Implementing Arrangement that any statements relating to the only to non-exempt Defense Articles re- Pursuant to the Treaty’’ and ‘‘Implementing nominations be printed in the RECORD, quired for the program. Arrangement’’ mean the Implementing Ar- and the President be immediately noti- (3) Investigations and reports of alleged rangement Pursuant to the Treaty between fied of the Senate’s action. violations. the Government of the United States of The PRESIDING OFFICER. Without It is the understanding of the United America and the Government of Australia objection, it is so ordered. States that the words ‘‘as appropriate’’ in Concerning Defense Trade Cooperation, which was signed in Washington on March The nominations considered and con- Section 10(3)(f) of the Implementing Ar- firmed en bloc are as follows: rangement do not detract in any way from 14, 2008. the obligation in Article 13(3) of the Treaty, (3) The terms ‘‘Defense Articles,’’ ‘‘Ex- DEPARTMENT OF STATE that ‘‘Each Party shall promptly investigate port,’’ ‘‘Re-export,’’ ‘‘Re-transfer,’’ ‘‘Trans- Mark M. Boulware, of Texas, a Career all suspected violations and reports of al- fer,’’ ‘‘Approved Community,’’ ‘‘United Member of the Senior Foreign Service, Class leged violations of the procedures estab- States Community,’’ ‘‘Australian Commu- of Minister-Counselor, to be Ambassador Ex- lished pursuant to this Treaty, and shall nity,’’ and ‘‘Scope’’ have the meanings given traordinary and Plenipotentiary of the promptly inform the other Party of the re- to them in Article 1 of the Treaty. United Sates of America to the Republic of sults of such investigations.’’ (4) The terms ‘‘Management Board’’ and Chad. (4) Exempt defense articles. It is the under- ‘‘Management Plan’’ have the meanings Kristie Anne Kenney, of Virginia, a Career standing of the United States that if one given to them in Section 1 of the Imple- Member of the Senior Foreign Service, Class Party to the Treaty exempts a type of De- menting Arrangement. of Career Minister, to be Ambassador Ex- fense Articles from the scope of the Treaty (5) The terms ‘‘person’’ and ‘‘foreign per- traordinary and Plenipotentiary of the pursuant to Article 3(2) of the Treaty, then son’’ have the meaning given to them by sec- United States of America to the Kingdom of Defense Articles of that type will be treated tion 38(g)(9) of the Arms Export Control Act Thailand. as exempt by both Parties to the Treaty. (22 U.S.C. 2778(g)(9)). The term ‘‘U.S. person’’ Christopher J. McMullen, of Virginia, a Ca- (5) Intermediate consignees. It is the un- has the meaning given to it by part 120.15 of reer Member of the Senior Foreign Service, derstanding of the United States that any in- title 22, Code of Federal Regulations. Class of Minister-Counselor, to be Ambas- sador Extraordinary and Plenipotentiary of termediate consignee of an Export from the f United States under the Treaty must be a the United States of America to the Republic member of the Approved Community or oth- NOMINATIONS DISCHARGED of Angola. Robert P. Mikulak, of Virginia, for the erwise approved by the United States Gov- Mr. REID. I ask unanimous consent ernment. rank of Ambassador during his tenure of (6) Scope of treaty exemption. The United that the Foreign Relations Committee service as United States Representative to States interprets the Treaty not to exempt be discharged en bloc from the fol- the Organization for the Prohibition of any person or entity from any United States lowing nominations: PN2091, Nancy Chemical Weapons. statutory and regulatory requirements, in- Lindborg; PN2098, Donald Kenneth Wanda L. Nesbitt, of Pennsylvania, a Ca- reer Member of the Senior Foreign Service, cluding any requirements of licensing or au- Steinberg; and PN2128, Cameron thorization, other than those included in the Class of Minister-Counselor, to be Ambas- Munter; that the Senate then proceed sador Extraordinary and Plenipotentiary of International Traffic in Arms Regulations, en bloc to their consideration; the as modified or amended. Accordingly, the the United States of America to the Republic United States interprets the term ‘‘license or nominations be confirmed en bloc; the of Namibia. Jo Ellen Powell, of Maryland, a Career other written authorization’’ in Article 2 and motions to reconsider be considered member of the Senior Foreign Service, Class the term ‘‘licenses or other authorizations’’ made and laid on the table en bloc; of Minister-Counselor, to be Ambassador Ex- in Article 6(1), as these terms apply to the that any statements related to the traordinary and Plenipotentiary of the United States, and the term ‘‘prior written nominations be printed in the RECORD; United States of America to the Islamic Re- authorization by the United States Govern- the President of the United States be public of Mauritania. ment’’ in Article 7, to refer only to such li- immediately notified of the Senate’s Karen Brevard Stewart, of Florida, a Ca- censes, licensing requirements, and other au- action. reer member of the Senior Foreign Service, thorizations as are required or issued by the Class of Minister-Counselor, to be Ambas- United States pursuant to the International The PRESIDING OFFICER. Without sador Extraordinary and Plenipotentiary of Traffic in Arms Regulations, as modified or objection, it is so ordered. the United States of America to the Lao amended; and the United States interprets The nominations considered and con- People’s Democratic Republic. the reference to ‘‘the applicable licensing re- firmed en bloc are as follows: Pamela Ann White, of Maine, a Career quirements and the implementing regula- U.S. AGENCY FOR INTERNATIONAL Member of the Senior Foreign Service, Class tions of the United States Arms Export Con- DEVELOPMENT of Career Minister, to be Ambassador Ex- trol Act’’ in Article 13(1) to refer only to the Nancy E. Lindborg, of the District of Co- traordinary and Plenipotentiary of the applicable licensing requirements under the lumbia, to be an Assistant Administrator of United States of America to the Republic of International Traffic in Arms Regulations, the United States Agency for International The Gambia. as modified or amended. Development, vice Michael E. Hess, resigned. Mr. REID. Mr. President, I now ask Section 4. Declarations. Donald Kenneth Steinberg, of California, The Senate’s advice and consent to the unanimous consent that the Agri- to be Deputy Administrator of the United culture Committee be discharged en ratification of the Treaty with Australia States Agency for International Develop- Concerning Defense Trade Cooperation is ment, vice Frederick W. Schieck, resigned. bloc of the following nominations for subject to the following declarations: membership on the Board of Directors DEPARTMENT OF STATE (1) Self-execution. This Treaty is not self- of the Commodity Credit Corporation, executing in the United States, notwith- Cameron Munter, of California, a Career and that the Senate then proceed en standing the statement in the preamble to Member of the Senior Foreign Service, Class the contrary. of Counselor, to be Ambassador Extraor- bloc to their consideration: PN832, (2) Private rights. This Treaty does not dinary and Plenipotentiary of the United PN833, PN834, and PN836; that the confer private rights enforceable in United States of America to the Islamic Republic of nominations be confirmed en bloc, the States courts. Pakistan. motions to reconsider be considered

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7725 made and laid upon the table en bloc, Superior Court of the District of Columbia of importance and responsibility under title any statements relating to the nomina- for the term of fifteen years. 10, U.S.C., section 601: tions be printed in the RECORD, and the Mr. REID. Mr. President, I ask unan- To be lieutenant general imous consent that the Senate proceed President of the United States be im- Maj. Gen. Susan J. Helms mediately notified of the Senate’s ac- to the consideration of Calendar Nos. The following named officer for appoint- tion. 1140 to and including 1170 and 1171, and all nominations on the Secretary’s ment in the United States Air Force to the The PRESIDING OFFICER. Without grade indicated while assigned to a position objection, it is so ordered. Desk in the Air Force, Army, and of importance and responsibility under title The nominations considered and con- Navy; that the nominations be con- 10, U.S.C., section 601: firmed en bloc are as follows: firmed en bloc, the motions to recon- To be lieutenant general DEPARTMENT OF AGRICULTURE sider be laid upon the table en bloc; Maj. Gen. Darrell D. Jones Kevin W. Concannon, of Maine, to be a that no further motions be in order, Member of the Board of Directors of the that any statements relating thereto The following named officer for appoint- Commodity Credit Corporation. be printed in the RECORD, and the ment in the United States Air Force to the Kathleen A. Merrigan, of Massachusetts, to President be immediately notified of grade indicated while assigned to a position be a Member of the Board of Directors of the the Senate’s action. of importance and responsibility under title Commodity Credit Corporation. 10, U.S.C., section 601: James W. Miller, of Virginia, to be a Mem- The PRESIDING OFFICER. Without ber of the Board of Directors of the Com- objection, it is so ordered. To be lieutenant general modity Credit Corporation. The nominations considered and con- Lt. Gen. Larry D. James Dallas P. Tonsager, of South Dakota, to be firmed en bloc are as follows: IN THE ARMY a Member of the Board of Directors of the IN THE AIR FORCE Commodity Credit Corporation. The following Army National Guard of the The following named officer for appoint- f United States officer for appointment in the ment in the United States Air Force to the Reserve of the Army to the grade indicated EXECUTIVE CALENDAR grade indicated under title 10, U.S.C., section under title 10, U.S.C., sections 12203 and 624: Mr. REID. Mr. President, I now ask 12211: To be major general unanimous consent that the Senate To be brigadier general Brig. Gen. Alfred J. Stewart proceed to the consideration en bloc of Col. Arthur W. Hinaman The following named officer for appoint- Calendar Nos. 1102, 1103, 1104, 1105, 1106, The following named officer for appoint- and 1107; that the nominations be con- ment in the United States Air Force to the grade indicated under title 10, U.S.C., section ment in the United States Army to the grade firmed en bloc, the motions to recon- 624: indicated while assigned to a position of im- sider be considered made and laid upon To be brigadier general portance and responsibility under title 10, the table en bloc, any statements relat- U.S.C., section 601: Col. Christopher J. Bence ing to the nominations be printed in The following named officer for appoint- To be lieutenant general the RECORD, and the President be im- ment in the United States Air Force to the Maj. Gen. Curtis M. Scaparrotti mediately notified of the Senate’s ac- grade indicated while assigned to a position The following named officer for appoint- tion. of importance and responsibility under title The PRESIDING OFFICER. Without ment in the Reserve of the Army to the 10, U.S.C., section 601: grade indicated under title 10, U.S.C., section objection, it is so ordered. To be lieutenant general 12203: The nominations considered and con- Maj. Gen. James M. Kowalski firmed en bloc are as follows: To be brigadier general The following named officer for appoint- DEPARTMENT OF JUSTICE Col. Phillip M. Churn, Sr. ment as Vice Chief of Staff, United States Joseph H. Hogsett, of Indiana, to be United Air Force, and appointment to the grade in- The following named officer for appoint- States Attorney for the Southern District of dicated while assigned to a position of im- ment in the Reserve of the Army to the Indiana for the term of four years. portance and responsibility under title 10, grade indicated under title 10, U.S.C., section Michael J. Moore, of Georgia, to be United U.S.C., sections 8034 and 601: 12203: States Attorney for the Middle District of Georgia for the term of four years. To be general To be brigadier general Beverly Joyce Harvard, of Georgia, to be Lt. Gen. Philip M. Breedlove Col. Daniel J. Dire United States Marshal for the Northern Dis- The following named officer for appoint- The following named officer for appoint- trict of Georgia for the term of four years. ment in the United States Air Force to the ment in the Reserve of the Army to the James Edward Clark, of Kentucky, to be grade indicated while assigned to a position grade indicated under title 10, U.S.C., section United States Marshal for the Western Dis- of importance and responsibility under title 12203: trict of Kentucky for the term of four years. 10, U.S.C., section 601: Kenneth James Runde, of Iowa, to be To be brigadier general To be general United States Marshal for the Northern Dis- Col. Ronald E. Dziedzicki trict of Iowa for the term of four years. Lt. Gen. William L. Shelton Michael Robert Bladel, of Iowa, to be The following named officer for appoint- The following named officer for appoint- United States Marshal for the Southern Dis- ment in the United States Air Force to the ment in the United States Army to the grade trict of Iowa for the term of four years. grade indicated while assigned to a position indicated while assigned to a position of im- Mr. REID. Mr. President, I now ask of importance and responsibility under title portance and responsibility under title 10, unanimous consent that the Senate 10, U.S.C., section 601: U.S.C., section 601: proceed to the consideration of Cal- To be lieutenant general To be lieutenant general endar No. 1172, the nomination of Lt. Gen. Richard Y. Newton III Maj. Gen. John D. Johnson Maria Raffinan, to be an associate The following named officer for appoint- The following named officer for appoint- judge of the DC Superior Court; that ment in the United States Air Force to the ment to the grade indicated in the United the nomination be confirmed and the grade indicated while assigned to a position States Army under title 10, U.S.C., section motion to reconsider be considered of importance and responsibility under title 624: 10, U.S.C., section 601: made and laid upon the table; that any To be brigadier general statements relating to the nomination To be lieutenant general Col. Joseph A. Brendler be printed in the RECORD, and the Lt. Gen. Herbert J. Carlisle President of the United States be im- The following named officer for appoint- The following Army National Guard of the mediately notified of the Senate’s ac- ment in the United States Air Force to the United States officers for appointment in the tion. grade indicated while assigned to a position Reserve of the Army to the grade indicated The PRESIDING OFFICER. Without of importance and responsibility under title in the United States Army under title 10, U.S.C., sections 12203 and 12211: objection, it is so ordered. 10, U.S.C., section 601: The nomination considered and con- To be lieutenant general To be brigadier general firmed is as follows: Maj. Gen. Stanley T. Kresge Col. Dana M. Capozzella Col. Stephen L. Danner THE JUDICIARY The following named officer for appoint- Maria Elizabeth Raffinan, of the District of ment in the United States Air Force to the The following Army National Guard of the Columbia, to be an Associate Judge of the grade indicated while assigned to a position United States officer for appointment in the

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7726 CONGRESSIONAL RECORD — SENATE September 29, 2010 Reserve of the Army to the grade indicated The following named officer for appoint- HANIFAN, which nominations were received under title 10, U.S.C., sections 12203 and ment in the United States Navy to the grade by the Senate and appeared in the Congres- 12211: indicated while assigned to a position of im- sional Record of August 3, 2010. To be major general portance and responsibility under title 10, PN2060 ARMY nominations (2) beginning Brig. Gen. Maria L. Britt U.S.C., section 601: GEORGE W. MELELEU, and ending AARON The following Army National Guard of the To be vice admiral L. POLSTON, which nominations were re- United States officer for appointment in the Rear Adm. Cecil E. Haney ceived by the Senate and appeared in the Congressional Record of August 3, 2010. Reserve of the Army to the grade indicated CENTRAL INTELLIGENCE under title 10, U.S.C., sections 12203 and PN2061 ARMY nominations (3) beginning David B. Buckley, of Virginia, to be Inspec- 12211: DEAN P. SUANICO, and ending ELIZABETH tor General, Central Intelligence Agency, R. OATES, which nominations were received To be major general vice John Leonard Helgerson. Brig. Gen. William L. Freeman, Jr. by the Senate and appeared in the Congres- NOMINATIONS PLACED ON THE SECRETARY’S sional Record of August 3, 2010. The following Army National Guard of the DESK PN2062 ARMY nominations (3) beginning United States officers for appointment in the IN THE AIR FORCE Reserve of the Army to the grade indicated BRIAN F. LANE, and ending KIMBERLY D. PN2151 AIR FORCE nominations (30) begin- KUMER, which nominations were received while assigned to a position of importance ning ROBERT L. GAUER, and ending and responsibility under title 10, U.S.C., sec- by the Senate and appeared in the Congres- RAJENDRA C. YANDE, which nominations sional Record of August 3, 2010. tion 601: were received by the Senate and appeared in To be lieutenant general the Congressional Record of September 16, PN2063 ARMY nominations (3) beginning Maj. Gen. Frank J. Grass 2010. DUSTIN C. FRAZIER, and ending PN2152 AIR FORCE nominations (40) begin- COURTNEY T. TRIPP, which nominations IN THE MARINE CORPS ning ARLENE D. ADAMS, and ending AMY were received by the Senate and appeared in The following named officer for appoint- S. WOOSLEY, which nominations were re- the Congressional Record of August 3, 2010. ment as Commandant of the Marine Corps, ceived by the Senate and appeared in the PN2064 ARMY nominations (2) beginning and appointment to the grade indicated Congressional Record of September 16, 2010. DONALD P. BANDY, and ending KEITH J. while assigned to a position of importance PN2153 AIR FORCE nominations (63) begin- WILSON, which nominations were received and responsibility under title 10, U.S.C., sec- ning MARIANNE E. ALANIZ, and ending by the Senate and appeared in the Congres- tions 5043 and 601: MARK L. WIMLEY, which nominations were sional Record of August 3, 2010. To be general received by the Senate and appeared in the PN2065 ARMY nominations (10) beginning Gen. James F. Amos Congressional Record of September 16, 2010. STANLEY GREEN, and ending JON B. TIP- The following named officer for appoint- PN2179 AIR FORCE nomination of Ernest TON, which nominations were received by ment as Assistant Commandant of the Ma- J. Prochazka, which was received by the the Senate and appeared in the Congres- rine Corps, and appointment to the grade in- Senate and appeared in the Congressional sional Record of August 3, 2010. dicated while assigned to a position of im- Record of September 20, 2010. PN2227 AIR FORCE nominations (3) begin- PN2073 ARMY nominations (3) beginning portance and responsibility under title 10, PATRICK L. MALLETT, and ending SCOTT U.S.C., sections 5044 and 601: ning DANIEL P. GILLIGAN, and ending NGHIA H. NGUYEN, which nominations H. SINKULAR, which nominations were re- To be general were received by the Senate and appeared in ceived by the Senate and appeared in the Lt. Gen. Joseph F. Dunford, Jr. the Congressional Record of September 23, Congressional Record of August 4, 2010. The following named officer for appoint- 2010. PN2074 ARMY nominations (38) beginning ment to the grade of lieutenant general in IN THE ARMY LANNY J. ACOSTA, Jr., and ending PAT- the United States Marine Corps while as- PN2048 ARMY nomination of Robert H. RICK L. VERGONA, which nominations were signed to a position of importance and re- Kewley, Jr., which was received by the Sen- received by the Senate and appeared in the sponsibility under title 10, U.S.C., section ate and appeared in the Congressional Congressional Record of August 4, 2010. 601: Record of August 3, 2010. PN2140 ARMY nomination of Polly R. To be lieutenant general PN2049 ARMY nomination of Wiley C. Graham, which was received by the Senate Lt. Gen. Thomas D. Waldhauser Thompson, which was received by the Senate and appeared in the Congressional Record of The following named officer for appoint- and appeared in the Congressional Record of September 15, 2010. ment to the grade of lieutenant general in August 3, 2010. PN2141 ARMY nomination of Dwaine K. the United States Marine Corps while as- PN2050 ARMY nomination of Raymond C. Warren, which was received by the Senate signed to a position of importance and re- Nelson, which was received by the Senate and appeared in the Congressional Record of sponsibility under title 10, U.S.C., section and appeared in the Congressional Record of September 15, 2010. 601: August 3, 2010. PN2051 ARMY nomination of Bernard B. PN2142 ARMY nominations (4) beginning To be lieutenant general Banks, which was received by the Senate and JAMES K. BARNETT, and ending EDWARD Maj. Gen. Robert B. Neller appeared in the Congressional Record of Au- D. NORTHROP, which nominations were re- The following named officer for appoint- gust 3, 2010. ceived by the Senate and appeared in the ment to the grade of lieutenant general in PN2052 ARMY nomination of David A. Wal- Congressional Record of September 16, 2010. the United States Marine Corps while as- lace, which was received by the Senate and PN2154 ARMY nomination of Thomas E. signed to a position of importance and re- appeared in the Congressional Record of Au- Koertge, which was received by the Senate sponsibility under title 10, U.S.C., section gust 3, 2010. and appeared in the Congressional Record of 601: PN2053 ARMY nominations (3) beginning September 16, 2010. To be lieutenant general MELISSA R. COVOLESKY, and ending PN2155 ARMY nomination of Edward B. JOHN H. STEPHENSON, II, which nomina- Maj. Gen. Richard T. Tryon Martin, which was received by the Senate tions were received by the Senate and ap- The following named officer for appoint- and appeared in the Congressional Record of peared in the Congressional Record of Au- September 16, 2010. ment to the grade of lieutenant general in gust 3, 2010. the United States Marine Corps while as- PN2054 ARMY nomination of Jonathan J. PN2156 ARMY nomination of Timothy S. signed to a position of importance and re- McColumn, which was received by the Sen- Allison-Aipa, which was received by the Sen- sponsibility under title 10, U.S.C., section ate and appeared in the Congressional ate and appeared in the Congressional 601: Record of August 3, 2010. Record of September 16, 2010. To be lieutenant general PN2055 ARMY nomination of Daniel E. PN2157 ARMY nomination of Vickie M. Lt. Gen. Terry G. Robling Banks, which was received by the Senate and Jester, which was received by the Senate and appeared in the Congressional Record of Au- appeared in the Congressional Record of Sep- IN THE NAVY gust 3, 2010. tember 16, 2010. The following named officer for appoint- PN2056 ARMY nomination of Latanya A. PN2158 ARMY nominations (2) beginning ment in the United States Navy Reserve to Pope, which was received by the Senate and BERNARD H. HOFMANN, and ending GREG- the grade indicated under title 10, U.S.C., appeared in the Congressional Record of Au- ORY SEAN F. MCDOUGAL, which nomina- section 12203: gust 3, 2010. tions were received by the Senate and ap- To be rear admiral (lower half) PN2057 ARMY nomination of Ned W. Rob- peared in the Congressional Record of Sep- Capt. Charles D. Harr erts, Jr., which was received by the Senate tember 16, 2010. and appeared in the Congressional Record of The following named officer for appoint- PN2159 ARMY nominations (2) beginning ment in the United States Navy to the grade August 3, 2010. PN2058 ARMY nomination of John W. Paul, CHARLES L. CLARK, and ending OKSANA indicated while assigned to a position of im- which was received by the Senate and ap- BOYECHKO, which nominations were re- portance and responsibility under title 10, peared in the Congressional Record of Au- ceived by the Senate and appeared in the U.S.C., section 601: gust 3, 2010. Congressional Record of September 16, 2010. To be vice admiral PN2059 ARMY nominations (3) beginning PN2160 ARMY nominations (2) beginning Rear Adm. (Selectee) John M. Richardson ERIC S. ALFORD, and ending MICHAEL K. ALLEN L. FEIN, and ending ROSTYLAV R.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7727 SZWAJKUN, which nominations were re- PN2190 ARMY nominations (16) beginning PN2231 ARMY nominations (7) beginning ceived by the Senate and appeared in the JAMES T. BARBER, and ending JOSEPH C. TODD O. JOHNSON, and ending TAMI Congressional Record of September 16, 2010. WOOD, which nominations were received by ZALEWSKI, which nominations were re- PN2161 ARMY nominations (2) beginning the Senate and appeared in the Congres- ceived by the Senate and appeared in the ROBERT KIRK, and ending TIMOTHY M. sional Record of September 20, 2010. Congressional Record of September 23, 2010. SNAVELY, which nominations were received PN2191 ARMY nominations (16) beginning PN2232 ARMY nominations (17) beginning by the Senate and appeared in the Congres- SANDRA L. ALVEY, and ending AARON MARK R. BENNE, and ending JAMES sional Record of September 16, 2010. TUCKER, which nominations were received WOOD, which nominations were received by PN2162 ARMY nominations (3) beginning by the Senate and appeared in the Congres- the Senate and appeared in the Congres- PAUL OLIVER, and ending MICHAEL A. sional Record of September 20, 2010. sional Record of September 23, 2010. KELLEY, which nominations were received PN2193 ARMY nominations (18) beginning PN2233 ARMY nominations (25) beginning by the Senate and appeared in the Congres- JAN E. ALDYKIEWICZ, and ending LOUIS CELETHIA M. ABNERWISE, and ending sional Record of September 16, 2010. P. YOB, which nominations were received by LISA A. TOVEN, which nominations were re- PN2163 ARMY nominations (6) beginning the Senate and appeared in the Congres- ceived by the Senate and appeared in the AMANDA J. CONLEY, and ending THOMAS sional Record of September 20, 2010. Congressional Record of September 23, 2010. F. SPENCER, which nominations were re- PN2194 ARMY nominations (23) beginning PN2234 ARMY nominations (31) beginning ceived by the Senate and appeared in the REBECCA L. ALLEN, and ending TONI Y. PAUL D. ANDERSON, and ending ALEX P. Congressional Record of September 16, 2010. WILSON, which nominations were received ZOTOMAYOR, which nominations were re- PN2164 ARMY nominations (9) beginning by the Senate and appeared in the Congres- ceived by the Senate and appeared in the JEFFREY D. ALLEN, and ending TIMOTHY sional Record of September 20, 2010. Congressional Record of September 23, 2010. REYNOLDS, which nominations were re- PN2195 ARMY nominations (39) beginning PN2235 ARMY nominations (92) beginning ceived by the Senate and appeared in the GEORGE A. BERNDT, III, and ending DOUG- WILLIAM P. ADELMAN, and ending DAVID Congressional Record of September 16, 2010. LAS W. YODER, which nominations were re- C. ZENGER, which nominations were re- PN2165 ARMY nominations (20) beginning ceived by the Senate and appeared in the ceived by the Senate and appeared in the DIXIE J. BURNER, and ending ELIZABETH Congressional Record of September 20, 2010. Congressional Record of September 23, 2010. A. WILLIAMS, which nominations were re- PN2196 ARMY nominations (7) beginning IN THE NAVY ceived by the Senate and appeared in the ALAN D. ABRAMS, and ending MARK D. Congressional Record of September 16, 2010. SCHULTHESS, which nominations were re- PN2066 NAVY nomination of Timothy J. PN2166 ARMY nominations (78) beginning ceived by the Senate and appeared in the Ringo, which was received by the Senate and MICHELL L. AUCK, and ending D010491, Congressional Record of September 20, 2010. appeared in the Congressional Record of Au- which nominations were received by the Sen- PN2197 ARMY nominations (5) beginning gust 3, 2010. ate and appeared in the Congressional PAMELA Y. DELANCY, and ending KAREN PN2067 NAVY nominations (3) beginning Record of September 16, 2010. L. WRIGHT, which nominations were re- WILLIAM A. BROWN, JR., and ending PAUL PN2167 ARMY nominations (139) beginning ceived by the Senate and appeared in the J. WISNIEWSKI, which nominations were re- LANEICE L. ABDELSHAKUR, and ending Congressional Record of September 20, 2010. ceived by the Senate and appeared in the SASHI A. ZICKEFOOSE, which nominations PN2198 ARMY nominations (4) beginning Congressional Record of August 3, 2010. were received by the Senate and appeared in ERICK J. ALVERIO, and ending CYNTHIA PN2068 NAVY nominations (4) beginning the Congressional Record of September 16, E. PIERCE, which nominations were re- JAIME E. RODRIGUEZ, and ending VIN- 2010. ceived by the Senate and appeared in the CENT M. PERONTI, which nominations were PN2168 ARMY nominations (177) beginning Congressional Record of September 20, 2010. received by the Senate and appeared in the JOSEPH H. AFANADOR, and ending D010299, PN2199 ARMY nominations (3) beginning Congressional Record of August 3, 2010. which nominations were received by the Sen- BESS J. PIERCE, and ending TY J. PN2075 NAVY nomination of Robert C. ate and appeared in the Congressional VANNIEUWENHOVEN, which nominations Moore, which was received by the Senate and Record of September 16, 2010. were received by the Senate and appeared in appeared in the Congressional Record of Au- PN2180 ARMY nomination of David C. the Congressional Record of September 20, gust 4, 2010. Decker, which was received by the Senate 2010. PN2076 NAVY nominations (2) beginning and appeared in the Congressional Record of PN2200 ARMY nominations (3) beginning STEVEN D. SENEY, and ending NICHOLAS September 20, 2010. STEVEN M. GRODDY, and ending HEIDI M. A. SINNOKRAK, which nominations were re- PN2181 ARMY nomination of Elizabeth S. WIEGAND, which nominations were received ceived by the Senate and appeared in the Mason, which was received by the Senate by the Senate and appeared in the Congres- Congressional Record of August 4, 2010. and appeared in the Congressional Record of sional Record of September 20, 2010. PN2077 NAVY nominations (3) beginning September 20, 2010. PN2201 ARMY nominations (23) beginning ABBY L. ODONNELL, and ending STELLA PN2182 ARMY nominations (2) beginning J. WEISS, which nominations were received YVONNE J. FLEISCHMAN, and ending HOWARD A. ALLEN, III, and ending SU- ZANNE P. VARESLUM, which nominations by the Senate and appeared in the Congres- WENDY M. ROSS, which nominations were sional Record of August 4, 2010. received by the Senate and appeared in the were received by the Senate and appeared in the Congressional Record of September 20, PN2078 NAVY nominations (6) beginning Congressional Record of September 20, 2010. PATRICK P. DAVIS, and ending JERRY Y. PN2183 ARMY nominations (2) beginning 2010. TZENG, which nominations were received by MARILYN S. CHIAFULLO, and ending HOW- PN2202 ARMY nominations (22) beginning the Senate and appeared in the Congres- ARD D. REITZ, JR., which nominations were TYLER C. CRANER, and ending BRENNAN sional Record of August 4, 2010. received by the Senate and appeared in the V. WALLACE, which nominations were re- PN2079 NAVY nominations (18) beginning Congressional Record of September 20, 2010. ceived by the Senate and appeared in the PN2184 ARMY nomination of Connie C. Congressional Record of September 20, 2010. ROBERT E. ATKINSON, and ending Dyer, which was received by the Senate and PN2003 ARMY nominations (6) beginning GIANCARLO WAGHELSTEIN, which nomi- appeared in the Congressional Record of Sep- STEPHEN J. BETHONEY, and ending KIRK nations were received by the Senate and ap- tember 20, 2010. A. YAUKEY, which nominations were re- peared in the Congressional Record of Au- PN2185 ARMY nomination of Jonathan J. ceived by the Senate and appeared in the gust 4, 2010. Beitler, which was received by the Senate Congressional Record of September 20, 2010. PN2080 NAVY nominations (20) beginning and appeared in the Congressional Record of PN2204 ARMY nominations (3) beginning ANTHONY H. BEASTER, and ending JONA- September 20, 2010. LAWRENCE E. WIDMAN, and ending THAN C. WOOD, which nominations were re- PN2186 ARMY nomination of David K. JAMES I. JOUBERT, which nominations ceived by the Senate and appeared in the Powell, which was received by the Senate were received by the Senate and appeared in Congressional Record of August 4, 2010. and appeared in the Congressional Record of the Congressional Record of September 20, PN2081 NAVY nominations (20) beginning September 20, 2010. 2010. CHARLES M. ABELL, and ending CATH- PN2187 ARMY nominations (7) beginning PN2209 ARMY nominations (4) beginning ERINE F. WALLACE, which nominations JOHN J. FERENCE, and ending DAVID M. PAMELA K. KING, and ending MARILYBN were received by the Senate and appeared in SCHLAACK, which nominations were re- TORRES, which nominations were received the Congressional Record of August 4, 2010. ceived by the Senate and appeared in the by the Senate and appeared in the Congres- PN2082 NAVY nominations (29) beginning Congressional Record of September 20, 2010. sional Record of September 20, 2010. RANDY J. BERTI, and ending ROBERT H. PN2188 ARMY nominations (9) beginning PN2229 ARMY nominations (4) beginning VOHRER, which nominations were received JULIE A. BLIKE, and ending AVA J. WALK- MARIA E. BOVILL, and ending JOANNA J. by the Senate and appeared in the Congres- ER, which nominations were received by the REAGAN, which nominations were received sional Record of August 4, 2010. Senate and appeared in the Congressional by the Senate and appeared in the Congres- PN2083 NAVY nominations (30) beginning Record of September 20, 2010. sional Record of September 23, 2010. KATIE M. ABDALLAH, and ending NATHAN PN2189 ARMY nominations (14) beginning PN2230 ARMY nominations (6) beginning J. WINTERS, which nominations were re- WILLIAM B. BRITT, and ending LYNN A. MARK E. BEICKE, and ending JAMES D. ceived by the Senate and appeared in the WISE, which nominations were received by TOOMBS, which nominations were received Congressional Record of August 4, 2010. the Senate and appeared in the Congres- by the Senate and appeared in the Congres- PN2084 NAVY nominations (40) beginning sional Record of September 20, 2010. sional Record of September 23, 2010. JEREMY S. BIEDIGER, and ending SCOTT

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7728 CONGRESSIONAL RECORD — SENATE September 29, 2010 E. WILLIAMS, which nominations were re- PN2240 NAVY nominations (60) beginning oversight. The IG’s Office has been conceived by the Senate and appeared in the JOHN W. BAISE, and ending NING L. YUAN, ducting independent reviews of Agency Congressional Record of August 4, 2010. which nominations were received by the Sen- offices and programs, recommended PN2085 NAVY nominations (42) beginning ate and appeared in the Congressional measures of accountability where ap- ADRIAN E. ARVIZO, and ending LISA L. Record of September 23, 2010. ZUMBRUNN, which nominations were re- PN2241 NAVY nominations (25) beginning propriated, and performed detailed au- ceived by the Senate and appeared in the RAYNARD ALLEN, and ending ROBERT B. dits of CIA expenditures and financial Congressional Record of August 4, 2010. WILLS, which nominations were received by statements. PN2086 NAVY nominations (70) beginning the Senate and appeared in the Congres- In April 2010, Vice Chairman BOND PHILIP T. ALCORN, and ending SCOTT D. sional Record of September 23, 2010. and I wrote a letter to President ZIEGENHORN, which nominations were re- PN2242 NAVY nominations (114) beginning Obama, pointing out the importance of ceived by the Senate and appeared in the JOSE G. ACOSTA, JR., and ending SCOTT A. Congressional Record of August 4, 2010. WILSON, which nominations were received the CIA IG position and the need to PN2087 NAVY nominations (184) beginning by the Senate and appeared in the Congres- nominate and confirm a strong, inde- ARMAND P. ABAD, and ending MATTHEW sional Record of September 23, 2010. pendent auditor and investigator. A. YOUNG, which nominations were received PN2243 NAVY nominations (156) beginning I am pleased that he nominated Mr. by the Senate and appeared in the Congres- KONIKI L. AIKEN, and ending JAMES S. Buckley. His confirmation hearing was sional Record of August 4, 2010. ZMIJSKI, which nominations were received PN2088 NAVY nominations (913) beginning held on September 21, where Senators by the Senate and appeared in the Congres- reviewed his record, his views on the BENJAMIN P. ABBOTT, and ending DANIEL sional Record of September 23, 2010. W. ZUCKSCHWERDT, which nominations PN2244 NAVY nominations (38) beginning position to which he has been nomi- were received by the Senate and appeared in DOMINIC J. ANTENUCCI, and ending nated, and his plans if confirmed. Mr. the Congressional Record of August 4, 2010. DELICIA G. ZIMMERMAN, which nomina- Buckley was straightforward with our PN2143 NAVY nomination of Tina F. Ed- tions were received by the Senate and ap- committee and very clear about his be- wards, which was received by the Senate and peared in the Congressional Record of Sep- appeared in the Congressional Record of Sep- lief in a strong and independent IG. tember 23, 2010. tember 15, 2010. Mr. Buckley has had more than 30 PN2245 NAVY nominations (134 beginning PN2144 NAVY nominations (2) beginning BRENT N. ADAMS, and ending EMILY L. years of experience in government JOXEL GARCIA, and ending LARRY E. ZYWICKE, which nominations were received service that should provide him with MENESTRINA, which nominations were re- by the Senate and appeared in the Congres- an excellent background for the chal- ceived by the Senate and appeared in the sional Record of September 23, 2010. lenges he will face when confirmed. Congressional Record of September 15, 2010. PN2145 NAVY nominations (2) beginning PN2246 NAVY nominations (27) beginning Mr. Buckley enlisted with the Air BRIAN D. ONEIL, and ending JOSE R. TERESITA ALSTON, and ending ERIN K. Force in 1976, specializing in investiga- ZIZAK, which nominations were received by PEREZTORRES, which nominations were re- tions. He continued service with the ceived by the Senate and appeared in the the Senate and appeared in the Congres- sional Record of September 23, 2010. Air Force Office of Special Investiga- Congressional Record of September 15, 2010. tions as a civilian in 1984, working for PN2146 NAVY nomination of Erik Rangel, PN2247 NAVY nominations (284) beginning which was received by the Senate and ap- KENRIC T. ABAN, and ending FRANKLIN R. 3 years before moving to the Senate peared in the Congressional Record of Sep- ZUEHL, which nominations were received by Permanent Subcommittee on Inves- tember 15, 2010. the Senate and appeared in the Congres- tigations under then Chairman Sam PN2169 NAVY nomination of Victor John sional Record of September 23, 2010. Nunn. Catullo, which was received by the Senate CONFIRMATION OF DAVID BUCKLEY Senator Nunn offered the following and appeared in the Congressional Record of Mrs. FEINSTEIN. Mr. President, I endorsement for Mr. Buckley when he September 16, 2010. am in support of the nomination of Mr. PN2170 NAVY nominations (3) beginning wrote to the committee recently: WILLIAM A. MIX, and ending JOHN H. David Buckley to be the next inspector general of the Central Intelligence I found David to be a consummate profes- STEELY, which nominations were received sional of the highest integrity, and he en- by the Senate and appeared in the Congres- Agency, CIA. joyed a great reputation on both sides of the sional Record of September 16, 2010. On Tuesday, the Senate Select Com- aisle. He has excellent judgment and an PN2171 NAVY nominations (9) beginning mittee on Intelligence voted unani- abundance of common sense. RONALD K. BACH, and ending ANNA A. mously to recommend Mr. Buckley’s Following 8 years on the Senate Per- ROSS, which nominations were received by nomination. So there is overwhelming, the Senate and appeared in the Congres- manent Subcommittee on Investiga- bipartisan support for Mr. Buckley. sional Record of September 16, 2010. tions, including time as chief investi- It is also important that the Senate PN2205 NAVY nomination of Brian O. Wal- gator, Mr. Buckley worked as a special act on this nomination before the up- den, which was received by the Senate and assistant to the inspector general of appeared in the Congressional Record of Sep- coming recess. The position of the CIA the Department of Defense, at the Gen- tember 20, 2010. inspector general has remained vacant eral Accounting Office, and at the PN2206 NAVY nomination of Jeffrey P. since the retirement of John Helgerson Treasury Department for 7 years, most Simko, which was received by the Senate in March 2009. and appeared in the Congressional Record of of it as assistant inspector general for The Senate Intelligence Committee September 20, 2010. investigations. PN2207 NAVY nomination of Patrick A. has seen firsthand the importance of Garvey, which was received by the Senate the CIA inspector general. Many of the Mr. Buckley then served from 2005 to and appeared in the Congressional Record of reports and audits from this office re- 2007 as the minority staff director of September 20, 2010. main classified, but have had a major the House Permanent Select Com- PN2208 NAVY nominations (2) beginning impact on our committee’s under- mittee on Intelligence. As such he had SHERWIN Y. CHO, and ending JEFFREY G. standing of CIA programs and at times a purview of the entire intelligence SOTACK, which nominations were received have led directly to major changes in community, including the CIA, and de- by the Senate and appeared in the Congres- veloped an understanding from the con- sional Record of September 20, 2010. those programs. PN2236 NAVY nomination of Dominic V. Other reports have been made public, gressional point of view of the impor- Gonzales, which was received by the Senate like the 2004 Special Review into the tant relationships the intelligence and appeared in the Congressional Record of CIA detention and interrogation pro- committees have with the CIA inspec- September 23, 2010. gram. The report raised major ques- tor general. PN2237 NAVY nomination of Michael H. tions about the program’s legality and Finally, Mr. Buckley has worked as a Hooper, which was received by the Senate senior manager at Deloitte Consulting and appeared in the Congressional Record of compliance and allowed the public to September 23, 2010. see some of what went wrong with the since 2007, consulting in the national PN2238 NAVY nomination of Virgilio S. CIA program. security arena. In short, David Buckley Crescini, which was received by the Senate The inspector general of the CIA has spent 34 years in a career focused and appeared in the Congressional Record of plays a crucial role. The CIA is an on conducting oversight, much of it in September 23, 2010. agency that is charged with operating the defense and intelligence areas. PN2239 NAVY nominations (10) beginning ALDRIN J.A. CORDOVA, and ending JER- in secret in locations around the world, I believe his background makes him ALD L. ROOKS, which nominations were re- conducting covert actions and col- an excellent candidate and I look for- ceived by the Senate and appeared in the lecting intelligence. It shields its ac- ward to working with Mr. Buckley in Congressional Record of September 23, 2010. tivities from the public, but it needs his new position.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7729 NOMINATIONS DISCHARGED The nominations were agreed to. traordinary and Plenipotentiary of the Mr. REID. Mr. President, I ask unan- Mr. REID. I want to make sure the United States of America to the Republic of Albania. imous consent that the Judiciary Com- RECORD reflects that I have asked con- Joseph A. Mussomeli, of Virginia, a Career mittee be discharged en bloc from the sent on the numbers I read before in addition to 1009, 1010, and 1011; and that Member of the Senior Foreign Services, following nominations: PN1499, PN1976, Class of Minister-Counselor, to be Ambas- and PN2071; that the Senate then pro- the motions to reconsider be laid upon sador Extraordinary and Plenipotentiary of ceed en bloc, to the consideration of the table; that any statements relating the United States of America to the Republic those nominations, that they be con- to the nominations be printed in the of Slovenia. ECORD firmed en bloc; the motions to recon- R ; that the President be imme- DEPARTMENT OF JUSTICE sider be considered made and laid upon diately notified of the Senate’s action, and that the Senate now resume legis- William C. Killian, of Tennessee, to be the table en bloc; that any statements United States Attorney for the Eastern Dis- relating to the nominations be printed lative session. trict of Tennessee for the term of four years. in the RECORD; and that the President The PRESIDING OFFICER. That is Robert E. O’Neill, of Florida, to be United be notified of the Senate’s action. the Chair’s understanding. States Attorney for the Middle District of The PRESIDING OFFICER. Without Without objection, it is so ordered. Florida for the term of four years. objection, it is so ordered. The nominations considered and con- Albert Najera, of California, to be United The nominations considered and confirmed en bloc are as follows: States Marshal for the Eastern District of firmed en bloc are as follows: LEGAL SERVICES CORPORATION California for the term of four years. THE JUDICIARY Julie A. Reiskin, of Colorado, to be Mem- William Claud Sibert, of Missouri, to be Mark F. Green, of Oklahoma, to be United ber of the Board of Directors of the Legal United States Marshal for the Eastern Dis- States Attorney for the Eastern District of Services Corporation for a term expiring trict of Missouri for the term of four years. Oklahoma for the term of four years, vice July 13, 2010. Myron Martin Sutton, of Indiana, to be Sheldon J. Sperling, term expired. Gloria Valencia-Weber, of New Mexico, to United States Marshal for the Northern Dis- Paul Charles Thielen, of South Dakota, to be a Member of the Board of Directors of the trict of Indiana for the term of four years. be United States Marshal for the District of Legal Services Corporation for a term expir- David Mark Singer, of California, to be South Dakota for the term of four years, ing July 13, 2011. United States Marshal for the Central Dis- vice Warren Douglas Anderson, term expired. DEPARTMENT OF STATE trict of California for the term of four years. Michael C. Ormsby, of Washington, to be Raul Yzaguirre, of Maryland, to be Ambas- Jeffrey Thomas Holt, of Tennessee, to be United States Attorney for the Eastern Dis- sador Extraordinary and Plenipotentiary of United States Marshal for the Western Dis- trict of Washington for the term of four the United States of America to the Domini- trict of Tennessee for the term of four years. years, vice James A. McDevitt. can Republic. Steven Clayton Stafford, of California, to f be United States Marshal for the Southern FEDERAL RESERVE SYSTEM District of California for the term of four EXECUTIVE CALENDAR Sarah Bloom Raskin, of Maryland, to be a years. Member of the Board of Governors of the Mr. REID. I ask unanimous consent NATIONAL MUSEUM AND LIBRARY SERVICES that the Senate consider en bloc the Federal Reserve System for the unexpired term of fourteen years from February 1, 2002. BOARD following nominations on the Execu- Janet L. Yellen, of California, to be a Mary Minow, of California, to be a Member tive Calendar: 500, 501, 1108, 1054, 810, Member of the Board of Governors of the of the National Museum and Library Serv- 1109, 1110, 1111, 1112, 1113, 1115, 1116, 1121, Federal Reserve System for a term of four- ices Board for a term expiring December 6, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, teen years from February 1, 2010. 2014. Janet L. Yellen, of California, to be Vice 1130, 1131, 1132, 1133, and 1134; that the NATIONAL SCIENCE FOUNDATION nominations be confirmed en bloc; the Chairman of the Board of Governors of the Subra Suresh, of Massachusetts, to be Di- motions to reconsider be considered Federal Reserve System for a term of four years. rector of the National Science Foundation made and laid upon the table en bloc; for a term of six years. and that the Senate then proceed to DEPARTMENT OF ENERGY NATIONAL COUNCIL ON DISABILITY Calendar Nos. 1009, 1010, and 1011, and Anne M. Harrington, of Virginia, to be that the Senate proceed to vote on Deputy Administrator for Defense Nuclear Pamela Young-Holmes, of Wisconsin, to be Nonproliferation, National Nuclear Security a Member of the National Council on Dis- each of these three nominations. Administration. ability for a term expiring September 17, The PRESIDING OFFICER. Without 2013. objection, it is so ordered. FEDERAL HOUSING FINANCE AGENCY Mr. REID. Mr. President, I ask unan- Steve A. Linick, of Virginia, to be Inspec- LEGAL SERVICES CORPORATION imous consent that the motions to re- tor General of the Federal Housing Finance Harry James Franklyn Korrell III, of Agency. consider be considered made and laid Washington, to be a Member of the Board of upon the table; that any statements re- EXPORT-IMPORT BANK OF THE UNITED STATES Directors of the Legal Services Corporation for a term expiring July 13, 2011. lating to the nominations be printed in Osvaldo Luis Gratacos Munet, of Puerto Rico, to be Inspector General, Export-Import Joseph Pius Pietrzyk, of Ohio, to be a the RECORD; that the President be im- Bank. Member of the Board of Directors of the mediately notified of the Senate’s ac- AFRICAN DEVELOPMENT FOUNDATION Legal Services Corporation for a term expir- tion. ing July 13, 2011. Edward W. Brehm, of Minnesota, to be a The PRESIDING OFFICER. Without Julie A. Reiskin, of Colorado, to be a Mem- Member of the Board of Directors of the Afri- objection, it is so ordered. ber of the Board of Directors of the Legal can Development Foundation for a term ex- Mr. REID. Mr. President, it is my un- Services Corporation for a term expiring piring September 22, 2011. derstanding that in addition to what Johnnie Carson, an Assistant Secretary of July 13, 2013. we have already agreed to, we have to State (African Affairs), to be a Member of have the question laid before the body the Board of Directors of the African Devel- f on Calendar Nos. 1009, 1010, and 1011. I opment Foundation for a term expiring Sep- ask that the Chair consider first No. tember 27, 2015. LEGISLATIVE SESSION 1009. Mimi E. Alemayehou, Executive Vice The PRESIDING OFFICER. The President of the Overseas Private Invest- The PRESIDING OFFICER. The Sen- question is on agreeing to Executive ment Corporation, to be a Member of the ate will now return to legislative ses- Board of Directors of the African Develop- sion. Calendar No. 1009. ment Foundation for a term expiring Sep- The nomination was agreed to. tember 22, 2015. Mr. REID. It is now my under- f standing we are going to move to Cal- DEPARTMENT OF STATE endar No. 1110 and 1111 en bloc; is that Duane E. Woerth, of Nebraska, for the rank of Ambassador during his tenure of service PROMOTING NATURAL GAS AND right, Mr. President? as Representative of the United States of ELECTRIC VEHICLES ACT OF The PRESIDING OFFICER. That is America on the Council of the International 2010—MOTION TO PROCEED correct. Civil Aviation Organization. CLOTURE MOTION Without objection, the question is on Alexander A. Arvizu, of Virginia, a Career agreeing to Calendar Nos. 1110 and 1111 Member of the Senior Foreign Service, Class Mr. REID. Mr. President, I ask unan- en bloc. of Minister-Counselor, to be Ambassador Ex- imous consent to proceed to Calendar

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7730 CONGRESSIONAL RECORD — SENATE September 29, 2010 No. 577, S. 3815, and I have a cloture XXII of the Standing Rules of the Sen- and for fishing vessel safety, as the motion at the desk. ate, hereby move to bring to a close de- Presiding Officer knows, because one of The PRESIDING OFFICER. The clo- bate on the motion to proceed to Cal- the provisions in this legislation is to ture motion having been presented endar No. 247, S. 510, the FDA Food require a tug escort of double-hulled under rule XXII, the Chair directs the Safety Modernization Act. tanks in Prince William Sound, some- clerk to read the motion. HARRY REID, TOM HARKIN, RICHARD J. thing the Presiding Officer, the Sen- The assistant legislative clerk read DURBIN, JEFF BINGAMAN, MAX BAUCUS, ators from Alaska, Mr. BEGICH and Ms. as follows: TOM UDALL, JON TESTER, BENJAMIN L. MURKOWSKI, asked be included in the CARDIN, JEANNE SHAHEEN, FRANK R. CLOTURE MOTION bill. LAUTENBERG, HERB KOHL, ROBERT P. We, the undersigned Senators, in accord- CASEY, JR., JACK REED, THOMAS R. CAR- This is important legislation, as we ance with the provisions of rule XXII of the PER, BILL NELSON, KENT CONRAD, CARL can see from the gulf incident and from Standing Rules of the Senate, hereby move LEVIN, MARY L. LANDRIEU. incidents before. We obviously have to to bring to a close debate on the motion to Mr. REID. Mr. President, I ask unan- have large vessels escorted in and out proceed to Calendar No. 577, S. 3815, the Pro- imous consent that the mandatory of sensitive areas. I appreciate the moting Natural Gas and Electric Vehicles leadership of the Senators from Alaska Act of 2010. quorum with respect to the cloture mo- HARRY REID, JEFF BINGAMAN, MAX BAU- tions be waived; further, that any pro on this legislation. CUS, TOM UDALL, JON TESTER, RICHARD forma sessions not count as an inter- It also adds new protections to the J. DURBIN, JEANNE SHAHEEN, FRANK R. vening day. Olympic Coast National Marine Sanc- LAUTENBERG, ROBERT P. CASEY, JR., The PRESIDING OFFICER. Without tuary off the State of Washington, JACK REED, TOM HARKIN, THOMAS R. objection, it is so ordered. making sure it is protected from ves- CARPER, BILL NELSON, KENT CONRAD, Mr. REID. I express my appreciation sels that pose an oilspill threat. BYRON L. DORGAN, DANIEL K. AKAKA, to the Senator from Washington for al- It also extends the important oilspill AL FRANKEN. lowing me to conduct this business. response assets through Washington’s Mr. REID. I now withdraw the mo- The PRESIDING OFFICER. The Sen- very vulnerable Strait of Juan de Fuca tion. ator from Washington is recognized. making sure that it, too, is more pro- The PRESIDING OFFICER. The mo- f tected and has more resources to deal tion is withdrawn. with incidents in the case of oilspills. f COAST GUARD AUTHORIZATION ACT FOR FISCAL YEAR 2010—Re- Finally, there is a new requirement PAYCHECK FAIRNESS ACT— sumed for fishing vessel safety designed to MOTION TO PROCEED protect the life and welfare of those Ms. CANTWELL. Mr. President, I fishermen who risk their lives to bring CLOTURE MOTION rise to talk about the Coast Guard Au- seafood to our tables. It requires that Mr. REID. Mr. President, I move to thorization Act of 2010, which we have large fishing vessels get a safety cer- proceed to the consideration of Cal- passed back to the House, with amend- tification from independent third par- endar No. 561, S. 3772, and I send a clo- ments. Hopefully, they will pass it ties, and it mandates that smaller fish- ture motion to the desk. later this evening, and it will be the ing vessels meet the same Coast Guard The PRESIDING OFFICER. The clo- first time we have gotten this author- safety standards as recreation vessels. ture motion having been presented ization passed and the work that we This is important because we know under rule XXII, the clerk will report have been doing for the last 4 years on our fishing vessels take great risk in the motion. reforming the Coast Guard’s Deepwater providing catch to us in the product The assistant legislative clerk read Acquisition Program from the mis- they bring to market. But it is impor- as follows: takes made in the past and setting on tant we do so in a safe and responsible CLOTURE MOTION a new course will actually become law. As the Presiding Officer knows, the fashion. Having this type of inde- We, the undersigned Senators, in ac- pendent safety requirements will be cordance with the provisions of rule Coast Guard is a vital agency for us in the Pacific Northwest, everything from much needed. XXII of the Standing Rules of the Sen- It allows the Alaska-Washington pol- ate, hereby move to bring to a close de- maritime safety to protecting our environment to our fisheries and the im- lock fleet to replace their boats to help bate on the motion to proceed to Cal- meet the new safety standards. As the endar No. 561, S. 3772, the Paycheck portant missions they carry out. Obvi- ously, making sure the Coast Guard President knows, the fishing fleets for Fairness Act. Washington and Alaska are large oper- HARRY REID, PATRICK J. LEAHY, JOHN F. has the tools it needs to get the job ations. The pollock fishery alone is KERRY, CARL LEVIN, JACK REED, BER- done is very important. NARD SANDERS, BENJAMIN L. CARDIN, I thank Senators SNOWE, ROCKE- over a billion-dollar industry. Making FRANK R. LAUTENBERG, RON WYDEN, FELLER, and HUTCHISON for their hard sure these vessels operate in a safe TOM HARKIN, AMY KLOBUCHAR, SHERROD work and for Members on both sides of manner is critical for our industries to BROWN, KIRSTEN E. GILLIBRAND, CHRIS- the aisle for working on this legisla- continue to succeed. TOPHER J. DODD, PATTY MURRAY, BAR- tion. I thank the Presiding Officer for his BARA BOXER. I said it has important acquisition input and for my colleagues on the Mr. REID. Mr. President, I now with- reforms, and I wish to mention a few of Coast Guard Subcommittee of the draw that motion. those because the Deepwater program, Commerce Committee and the com- The PRESIDING OFFICER. The mo- with its acquisitions, ran into many mittee at large for their help in getting tion is withdrawn. problems. this legislation passed. f First and foremost, the Coast Guard As I said, it has been nearly 4 years FDA FOOD SAFETY MODERNIZA- will return to its appropriate competi- in the making to get this important TION ACT—MOTION TO PROCEED tive procurement practices. This legis- legislation through Congress. It comes lation ends what was an industry self- at a time when we continue to want CLOTURE MOTION certification process, and it codifies the Coast Guard to have the best re- Mr. REID. Mr. President, I move to the very rigorous process that the sources to meet the missions and re- proceed to the consideration of Cal- Coast Guard should have with the quirements of their job but to do their endar No. 247, S. 510, and I send a clo- Major System Acquisition Manual. It acquisition in a responsible way, to ture motion to the desk. establishes the right leadership and right the wrongs that has been in the The PRESIDING OFFICER. The oversight for that and, an important Coast Guard acquisition process at the clerk will report the motion. aspect, I think, of all procurements re- beginning of the Deepwater program, The assistant legislative clerk read lated to acquisitions of this size, anal- to make sure there is oversight and as follows: yses of alternatives conducted by an third-party evaluation of that, and to CLOTURE MOTION independent third party. make sure, as I said, that this bill es- We, the undersigned Senators, in ac- This legislation also has other impor- tablishes new laws on oilspill preven- cordance with the provisions of rule tant safeguards for oilspill prevention tion and on fishing vessel safety so we

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7731 can continue to operate in these pris- were selected and not elected, none was livering for West Virginians. In his tine waters in a safe and effective man- content to be merely a footnote of his- first day as a U.S. Senator, he cast our ner. tory or the answer to a congressional caucus crucial 60th vote to break a fili- I yield the floor. I suggest the ab- trivia question. Each made the most of buster and extend unemployment in- sence of a quorum. his time in the service of his State. surance for the millions of Americans The PRESIDING OFFICER. The Before he became the junior Senator who had lost their jobs and exhausted clerk will call the roll. from Delaware, TED KAUFMAN was an their benefits while looking for new The assistant legislative clerk pro- engineer, a university professor, and ones. In the aftermath of this year’s ceeded to call the roll. Vice President BIDEN’s right-hand man Big Branch Mine disaster that killed 29 The PRESIDING OFFICER. In my in this body for two decades. He spent West Virginians, Senator GOODWIN capacity as a Senator from the State of nearly all his political career behind fought for comprehensive mine safety Alaska, I ask unanimous consent that the scenes but impressed everyone in reforms. the order for the quorum call be re- his State and in the Senate every time In his young career, Senator GOODWIN scinded. he stood up on the Senate floor or has worked as a lawyer, as the general Without objection, it is so ordered. spoke out in a committee hearing. counsel to the Governor of West Vir- Rarely has an appointed Senator f ginia, the chairman of his State’s serving such a short term made such School Building Authority, and the RECESS SUBJECT TO THE CALL OF an impact. Senator KAUFMAN wrote Independent Commission on Judicial THE CHAIR legislation to make sure no Wall Street Reform. He will soon be a 36-year-old The PRESIDING OFFICER. In my bank is too big to fail and made it easi- former Senator, and my colleagues and capacity as a Senator from the State of er for Federal prosecutors to root out I eagerly anticipate following the Alaska, I ask unanimous consent that financial fraud. His ideas on how to bright career he has ahead of him. the Senate stand in recess subject to crack down on health care fraud are Senators EDWARD KAUFMAN, ROLAND the call of the Chair. now the law of the land. BURRIS, and CARTE GOODWIN rep- There being no objection, the Senate, He served less than one Congress, but resented their respective States with at 10:45 p.m., recessed subject to the he was no rookie. His knowledge of par- distinction. They will forever hold a call of the Chair and reassembled at liamentary procedure is vast, and he special place in American history for 11:39 p.m. when called to order by the was a great legislative partner to me the good work they did in the short Presiding Officer (Mr. BEGICH). personally over the last 2 years. time they were U.S. Senators. But among the most remarkable f f things Senator KAUFMAN did in his HISPANIC HERITAGE MONTH MORNING BUSINESS time here were the 100 tributes he gave on the Senate floor honoring Federal Mr. REID. Mr. President, although Mr. DURBIN. Mr. President, I ask employees of all stripes: military engi- September is coming to a close, we are unanimous consent that the Senate neers, intelligence analysts, nuclear right in the middle of Hispanic Herit- proceed to a period of morning busi- scientists, Medicare benefits adminis- age Month. Every fall we recognize how ness, with Senators permitted to speak trators, advocates for the homeless and the invaluable contributions America’s for up to 10 minutes each. the sick, and so on everyone from ad- 47 million Latinos—Americans with The PRESIDING OFFICER. Without ministrative secretaries to assistant roots in dozens of nations—strengthen objection, it is so ordered. Cabinet Secretaries. our own Nation, and the way their rich f Senator KAUFMAN knows that the 2 cultures enrich our country. million selfless public servants who It is a special time every year. But EXPIRING TERMS OF APPOINTED choose to spend their careers in the this Hispanic Heritage Month is even SENATORS Federal Government often make per- more exciting than most. This year we Mr. REID. Mr. President, the 111th sonal and financial sacrifices to work are also celebrating the bicentennials Congress will be recorded as one of the in relative anonymity and rarely re- of four great nations’ independence: country’s most historic. It will be ceive recognition. He knows they often Argentina, Chile, Colombia and Mex- rightfully remembered for the land- bear an undeserved reputation as part ico. More than 200 million people in mark legislation we passed to help our of a vast bureaucracy. But Senator these great countries are commemo- economy recover from recession and to KAUFMAN, a great former Federal em- rating 200 years of freedom, liberty and help Americans afford to recover from ployee himself, has both the character opportunity, and the United States of health problems and for the passion and class to publicly honor them for America celebrates alongside our glob- that characterized the debates over their good, hard, and honest work. He al neighbors. many of these laws. But it will also be should be recognized for the same. It is no secret, though, that the past remembered for the replacement of re- ROLAND BURRIS came to the Senate year’s challenges have tested our com- markable Senators, under remarkable under difficult circumstances, but he munities and our resolve closer to circumstances, by dedicated and de- impressed our caucus by rising above home. It has been tougher on Nevada voted appointees. the controversy and concentrating on than any other State, and tougher on Two years ago, for the first time in doing his job for the people of Illinois. Hispanics than any other group. half a century, the men elected Presi- He had already built an impressive But in the year that has passed be- dent and the Vice President of the record in that State, becoming the first tween last Hispanic Heritage Month United States were sitting U.S. Sen- African American to ever hold state- and this one, we have achieved so ators. One year before the last time wide office in Illinois and spending much: that happened, in 1959, Robert C. Byrd more than three successful decades in We affirmed the promise that afford- was sworn in for the first of his record the public and private sectors. ing to live a healthy life in America is nine consecutive full terms in this During his time here, Senator BURRIS the right of every citizen—not just a body. stood up for many progressive causes, privilege for the wealthy few. In the 111th Congress, three pairs of including advocating for better civil We cleaned up Wall Street so this the biggest shoes in American history rights education and writing legisla- kind of recession can never happen needed to be filled, three public serv- tion in support of our servicemembers again, and ended the era of big-bank ants were chosen to sit in the seats va- overseas. He also presided over the bailouts. That law also brings trans- cated by the President, the Vice Presi- Senate Chamber far more than anyone parency to the remittance industry, dent, and the longest serving Member else during the 111th Congress, soaking which saves customers and their fami- of Congress. That has never happened in every minute of it along the way. lies millions of dollars. before and will probably never happen Senator GOODWIN succeeded the irre- We cracked down on mortgage fraud, again. placeable Senator Byrd with humility including funding Spanish-language Though Senators EDWARD KAUFMAN, and honor. He was here only briefly, ads to stop scammers from preying on ROLAND BURRIS, and CARTE GOODWIN and he didn’t waste any time before de- Latino homebuyers. I directed my staff

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7732 CONGRESSIONAL RECORD — SENATE September 29, 2010 to help Hispanic families in danger of After serving in Army intelligence in ure of dignity. All of this through no foreclosure, and my office has held a World War II, he turned to broad- fault of their own. number of housing workshops to help casting and, with a partner, created But even after losing so much, they Latino homeowners avoid mortgage the radio station WGAY in Silver haven’t lost hope. Now they wake up scams and stay out of foreclosure. Spring, MD, in 1946. In the 1950s he ac- every morning and look for new work, Important credit card reforms went quired radio stations in St. Louis, Dal- a new way to support their families. into effect this summer that protect las, Fort Worth, Buffalo, Tulsa, Nash- consumers from crippling late fees, ville, Pittsburgh and Orlando, FL. It hasn’t been easy. Jobs are harder protect college students from preda- Meanwhile, he invested in real estate to come by today than at any other tory lenders, and protect families from and expanded the New England Fritos time in recent memory. The Labor De- having to pay a fee to simply pay a Corporation, which he founded in 1947 partment reports there is only one bill. to distribute Fritos and Cheetos in the open job in America for every five And just a week before last year’s Northeast, adding Fleischmann’s yeast, Americans desperate to fill it. As a re- Hispanic Heritage Month started, Blue Bonnet margarine and Wrigley’s sult, nearly half of the unemployed in Sonia Sotomayor heard her first case chewing gum to his distribution net- this country have been out of work for as a Supreme Court Justice. work. 6 months or longer. We’re going to make this year even In 1951 he formed a food brokerage One of those people is Scott Headrick better. Hispanic Heritage Month is as company, expanding it in 1956 in a of Las Vegas. Scott’s been out of work much about the past as it is about the partnership with David Finkelstein, for more than two years. He wrote me future. It is as much about honoring and augmented his fortune selling the recently because he’s angry how some tradition as it is securing a legacy of products of companies like General on the other side are trying for polit- honor for the next generation. Foods and Coca-Cola to supermarket ical reasons to stigmatize and demon- I will continue fighting for tough, chains. ize the unemployed. fair and practical immigration re- Mr. Kluge served on the boards of nu- He has good reason to be upset. One forms, including giving the children of merous companies, including Occi- of the top Republicans in the Senate immigrants the opportunity to serve dental Petroleum, Orion Pictures, called unemployment assistance a America—the only nation they have Conair and the Waldorf-Astoria Cor- ‘‘disincentive for them to seek new ever called home—and to earn an edu- poration, as well as many charitable work.’’ Another senior Republican Sen- cation and contribute to our society. groups, including United Cerebral ator said these Americans—people who Palsy. I believe that everyone who grows up want nothing more than to find a new His philanthropy was prodigious. The as an American and wants a quality job—‘‘don’t want to go look for work.’’ beneficiaries of his gifts included Co- American education should have the And a third senior Republican Senator lumbia University and the University chance to pursue it. And I know our argued, ‘‘We should not be giving cash of Virginia. economy will not recover if we don’t to people who basically are just going Mr. Kluge also contributed to the give everyone the opportunity to repair to blow it on drugs.’’ That’s a direct restoration of Ellis Island and in 2000 it. quote. Others have made the absurd al- gave $73 million to the Library of Con- f legation that you can make more gress, which established the Kluge money on unemployment than through REMEMBERING JOHN W. KLUGE Prize for the Study of Humanities. a honest day’s work. Mr. REID. Mr. President, on Tuesday, In his business endeavors, Mr. Kluge September 7, 2010, John Kluge passed savored the chance to move into new These comments are not only offen- away at a family home in Charlottes- areas of high technology and often sive; they’re also dead wrong. And ville, VA. He was 95. took Wall Street by surprise with some that’s why Scott was so upset. He wrote me the following: Mr. Kluge was a successful business- of his commercial decisions. He never man who parlayed the money he earned lost his zest for developing new busi- ‘‘I’ve been unemployed since July from a Fritos franchise into a multibil- nesses or his taste for complex finan- 2008 and have not been able to obtain a lion-dollar communications company, cial deals. Mr. Kluge once said, ‘‘I love position at a supermarket packing gro- Metromedia. This conglomerate grew the work because it taxes your mind.’’ ceries. I’ve been religiously seeking, to include 7 television stations, 14 At the time of his death, Mr. Kluge searching and applying for work with- radio stations, outdoor advertising, the was deeply involved in a new biological out any luck. I have since left my fam- Harlem Globetrotters, the Ice Capades, cancer treatment that has a positive ily in Las Vegas, a wife and five chil- radio paging and mobile telephones. effect on multiple organ cancers, with dren, to look for work in other states Mr. Kluge was born on September 21, no side effects. He also was engaged in and again, without any luck.’’ a new treatment for diabetes. 1914, in Chemnitz, Germany. His father While people like Scott seek, search He is survived by his wife Maria, sons died in World War I. After his mother and apply for work, they rely on unem- John, Jr. and Joseph, a daughter remarried, John was brought to Amer- ployment insurance to get by. No one Samantha, a grandson Jack, and step- ica in 1922 by his German-American gets rich off of unemployment checks. children Jeannette Brophy, Peter stepfather to live in Detroit. He began They merely provide a fraction of one’s Townsend, and Diane Zeier. work at the age of 10, working for his old income to help keep food on the stepfather’s family contracting busi- f table this week, and keep a roof over a ness. At the age of 14, he left home to EXTENDING UNEMPLOYMENT head this month, and keep the heat on live in the house of a schoolteacher, this winter. driving by his desire to have an edu- INSURANCE cation. Mr. REID. Mr. President, when the Unemployment insurance doesn’t He worked hard to learn and speak earthquake on Wall Street sent only help the out-of-work make ends well the English language and get the shockwaves throughout the country, meet—it can also help our economy re- grades he needed in high school to win Nevada got hit the worst. The eco- cover. Respected economist Mark a scholarship to college. He first at- nomic collapse took down our housing Zandi calculated that every time a dol- tended Detroit City College, which was and job markets along with it. lar goes out in an unemployment later renamed Wayne State University, When so many Nevadans lost their check, $1.61 comes back into the econ- and transferred to Columbia University jobs, they lost much more than just a omy. The Congressional Budget Office when he was offered a full scholarship place to go to work in the morning. has estimated that number could actu- and living expenses. He graduated from They lost their incomes, their savings ally be as high as two dollars, meaning Columbia in 1937 and went to work for and their retirement security. Many we double our investment. a small paper company in Detroit. lost their gas money and their grocery It is easy to see why. When you are Within 3 years he went from shipping money. Some lost their children’s tui- desperate, you don’t keep that check clerk to vice president and part owner. tion payments. They have lost a meas- under your mattress. You turn around

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Known as a giant in the the economy, which strengthens it, f Senate and affectionately referred to as ‘‘Uncle Ted’’ by his constituents, fuels growth and ultimately lets busi- REMEMBERING SENATOR TED Stevens helped usher Alaska into nesses create the very jobs the unem- STEVENS ployed have been looking for, for so statehood in 1959 and was instrumental long. Mr. KYL. Mr. President, I offer my in its economic growth. He was first But those benefits don’t last forever. condolences to Catherine Stevens and and foremost a devoted advocate of They expire. And in a crisis like to- to the entire family of Senator Ted Alaska and its people. day’s, expiring benefits are leaving too Stevens and to the families of those Born in Indianapolis, IN, Senator many out in the cold. The Nevada De- who also lost their lives in that tragic Stevens attended Oregon State Univer- partment of Employment, Training and August 9 accident. sity before serving as an Air Force Rehabilitation said that 22,000 Nevad- I knew Ted for many years and will pilot in World War II. He went on to ans have exhausted both their state always remember his devotion to the graduate from the University of Cali- and federal benefits. Nationwide, that U.S. Senate and, of course, to the State fornia Los Angeles—UCLA—with a of Alaska. Ted tirelessly committed number reaches well into the millions. bachelor of arts degree in political I am proud to cosponsor Senator himself to help transform Alaska into science, and from Harvard University a modern State. Even if he had not be- STABENOW’s bill to help the hardest hit with a juris doctor degree in law. After among us: out-of-work Americans who come the longest serving Republican a successful career as a member of the Senator in history, with a career span- have exhausted their unemployment Alaska House of Representatives, Ste- ning over 38 years, ‘‘Uncle Ted’’ would insurance. It is called the Americans vens was appointed to the U.S. Senate, still have become an Alaskan legend. Want to Work Act, and it is called that making him the third Senator in the He was beloved throughout the State. for a very good reason. State’s history. And his love for his State was well Contrary to the other side’s reckless Senator Stevens is greatly admired known, from the largest cities to the and heartless spin, the people we are for what he did during his four decades smallest towns. trying to help want to find work. of service in the U.S. Senate. I had the Ted devoted his whole life to public pleasure of seeing the Senator in ac- They’re trying to find work. And they service. Before he was elected to Con- would much rather get a paycheck tion on many occasions and particu- gress, Ted went through pilot training larly admired his deep commitment to than an unemployment check. in Douglas, AZ, and earned his Army These are people who have tried and working across the aisle to get things Air Corps wings in May 1944. For his done. Senator Stevens was one of the tried to find work, who scour job list- service in World War II, he received the ´ ´ Senate’s most effective Members, both ings, who send out resumes, who fill Air Medal and the Distinguished Fly- out applications, who go to inter- as a valuable ally and worthy oppo- ing Cross. nent. Stevens’ colleagues, both Repub- views—but who haven’t had any luck Incidentally, Ted often told me of his licans and Democrats alike, greatly en- for weeks and months and, in some appreciation for the time he spent joyed working with him and respected cases, years. training in Arizona, my home State. The Americans Want to Work Act He often spoke, too, of the town of his views. We can all learn from the ex- recognizes that we can do more to help Wickenburg, AZ, where his wife is ample he set. I ask that the U.S. Senate join me in those who lost their jobs through no from. fault of their own. During his time in the Senate, Ted commemorating Senator Ted Stevens’ First, it extends unemployment bene- became a master of Senate procedure. lifelong dedication to the service of our fits for an additional 20 weeks—the Republicans would often ask him to sit country and to the State of Alaska. He longest extension ever to match the in the Presiding Officer’s chair during was a courageous advocate for his most painful crisis we’ve seen in gen- an important vote because we knew he State, and a dear friend who will be erations. would handle all of the procedural de- greatly missed by all. Second, it takes the powerful and tails and intricacies perfectly. f successful incentives we’re giving busi- Not only was he a good legislator, he BUDGET SCOREKEEPING REPORT nesses to hire and makes them even was a tough legislator. Ted was not shy Mr. CONRAD. Mr. President, I rise to better. We passed a bill this year—the about inviting comparisons with the submit to the Senate the seventh budg- HIRE Act—that says to businesses: If Incredible Hulk. When he debated an et scorekeeping report for the 2010 you hire unemployed workers, we will issue that meant a lot to him, he would budget resolution. The report, which give you a tax cut—you don’t have to wear his Incredible Hulk necktie. In- covers fiscal year 2010, was prepared by pay the Social Security payroll tax deed, that necktie saw many a political the Congressional Budget Office pursu- this year. These incentives are already battle. working; businesses are starting to As much as I admired Ted for his ant to section 308(b) and in aid of section 311 of the Congressional Budget hire because of it. Senator STABENOW’s tough side, I will most fondly recall his bill will extend that tax credit through gentle spirit and his compassion for the Act of 1974, as amended. The report shows the effects of con- next year, too. people he was so proud to represent. gressional action through September It will also double the tax credit His soft side and kind nature were so 24, 2010, and includes the effects of leg- we’re giving businesses for keeping apparent I sometimes wondered how islation enacted since I filed my last those previously long-term unem- much of his feistier side was for effect. ployed workers on the payroll for at It was an honor to have known him report for fiscal year 2010 in June. The least one year. The HIRE Act gave and a privilege to have served along- new legislation includes: businesses a $1,000 tax credit for each side him here in the Senate. Public Law 111–191, an act to amend the Oil Pollution Act of 1990 to authorize advances such new hire. Senator STABENOW’s bill Mr. GRAHAM. Mr. President, I ask from the Oil Spill Liability Trust Fund for will raise that tax credit to $2,000 for my colleagues to join me in honoring the Deepwater Horizon oil spill; workers who have exhausted their un- the memory of a dedicated public serv- Public Law 111–192, Preservation of Access employment benefits. ant and leader, Senator Ted Stevens. to Care for Medicare Beneficiaries and Pen- Hundreds of thousands of Nevadans After a lifetime of unprecedented serv- sion Relief Act of 2010; and millions of Americans want to ice to his State and Nation, Senator Public Law 111–197, Airport and Airway Ex- work. Like Scott Headrick, they seek, Stevens passed away in Alaska on Au- tension Act of 2010, Part II; Public Law 111–198, Homebuyer Assistance search and apply, but time and again gust 9, 2010, at the age of 86. His death and Improvement Act of 2010; they hear nothing but ‘‘no’’ in return. was a loss to the U.S. Senate, the State Public Law 111–205, Unemployment Com- What a shame it is that they are hear- of Alaska, and the Nation. pensation Extension Act of 2010;

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Public Law 111–226, an act to modernize The estimates of budget authority, out- An act making emergency supplemental the air traffic control system, improve the lays, and revenues are consistent with the appropriations for border security for the fis- safety, reliability, and availability of trans- technical and economic assumptions of S. cal year ending September 30, 2010, and for portation by air in the United States, pro- Con. Res. 13, the Concurrent Resolution on other purposes (Public Law 111–230); and vide for modernization of the air traffic con- the Budget for Fiscal Year 2010, as approved trol system, reauthorize the Federal Avia- by the Senate and the House of Representa- Firearms Excise Tax Improvement Act of tion Administration, and for other purposes; tives. 2010 (Public Law 111–237). Public Law 111–228, General and Special Pursuant to section 403 of S. Con Res. 13, Sincerely, Risk Insurance Funds Availability Act of provisions designated as emergency require- ROBERT A. SUNSHINE, 2010; ments are exempt from enforcement of the FOR DOUGLAS W. ELMENDORF, Public Law 111–230, an act making emer- budget resolution. As a result, the enclosed Director. gency supplemental appropriations for bor- current level report excludes these amounts der security for the fiscal year ending Sep- (see footnote 2 of Table 2 of the report). tember 30, 2010, and for other purposes; and Since my last letter, dated June 10, 2010, Public Law 111–237, Firearms Excise Tax TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- the Congress has cleared and President has ING AND REVENUES FOR FISCAL YEAR 2010, AS OF Improvement Act of 2010. signed the following acts which affect budget The estimates of budget authority, authority, outlays, or revenues for fiscal SEPTEMBER 24, 2010 outlays, and revenues are consistent year 2010: [In billions of dollars] with the technical and economic as- An act to amend the Oil Pollution Act of 1990 to authorize advances from Oil Spill Li- Current sumptions of S. Con. Res. 13, the 2010 Budget Res- Current level over/ budget resolution. ability Trust fund for the Deepwater Horizon olution 1 level 2 under (¥) oil spill (Public Law 111–191); resolution The estimates show that for fiscal Preservation of Access to Care for Medi- year 2010 current level spending is care Beneficiaries and Pension Relief Act of ON-BUDGET above the levels provided in the budget 2010 (Public Law 111–192); Budget authority ...... 2,897.5 2,914.6 17.1 resolution by $17.1 billion for budget Airport and Airway Extension Act of 2010, Outlays ...... 3,010.1 3,015.5 5.4 authority and $5.4 billion above for Part II (Public Law 111–197); Revenues ...... 1,612.3 1,626.5 14.2 Homebuyer Assistance and Improvement OFF-BUDGET outlays. For revenues, current level Social Security Outlays 3 ...... 544.1 544.1 0.0 Act of 2010 (Public Law 111–198); Social Security Revenues ...... 668.2 668.1 ¥0.1 shows that $14.2 billion in room re- Unemployment Compensation Extension mains relative to the budget resolution Act of 2010 (Public Law 111–205); 1 S. Con. Res. 13, the Concurrent Resolution on the Budget for Fiscal Year level. Supplemental Appropriations Act, 2010 2010, includes $10.4 billion in budget authority and $5.4 billion in outlays I ask unanimous consent that the as an allowance to recognize the potential cost of disasters; those funds (Public Law 111–212); will never be allocated to a committee. At the direction of the Senate Com- letter and accompanying tables from United States Patent and Trademark Of- mittee on the Budget, the budget resolution totals have been revised to ex- CBO be printed in the RECORD. fice Supplemental Appropriations Act, 2010 clude those amounts. There being no objection, the mate- (Public Law 111–224); 2 Current level is the estimated effect on revenues and spending of all An act to modernize the air traffic control legislation, excluding amounts designated as emergency requirements (see rial was ordered to be printed in the footnote 2 of Table 2), that the Congress has enacted or sent to the Presi- system, improve the safety, reliability, and dent for his approval. In addition, full-year funding estimates under current RECORD, as follows: availability of transportation by air in the law are included for entitlement and mandatory programs requiring annual CONGRESSIONAL BUDGET OFFICE, United States, provide for modernization of appropriations, even if the appropriations have not been made. 3 U.S. CONGRESS, Excludes administrative expenses of the Social Security Administration, the air traffic control system, reauthorize which are off-budget, but are appropriated annually. Washington, DC, September 29, 2010. the Federal Aviation Administration, and for SOURCE: Congressional Budget Office. Hon. KENT CONRAD, other purposes (Public Law 111–226); Chairman, Committee on the Budget, U.S. Sen- General and Special Risk Insurance Funds ate, Washington, DC. Availability Act of 2010 (Public Law 111–228); DEAR MR. CHAIRMAN: The enclosed report An act to increase the flexibility of the shows the effects of Congressional action on Secretary of Housing and Urban Develop- TABLE 2.—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2010, AS OF SEPTEMBER 24, 2010 [In millions of dollars]

Budget authority Outlays Revenues

Previously Enacted: 1 Revenues ...... n.a. n.a. 1,633,385 Permanents and other spending legislation ...... 1,656,952 1,651,725 n.a. Appropriation legislation 2 ...... 1,917,749 2,048,775 n.a. Offsetting receipts ...... ¥690,252 ¥690.252 n.a. Total, previously enacted ...... 2,884,449 3,010,248 1,633,385 Enacted this session: An act to accelerate the income tax benefits for charitable cash contributions for the relief of victims of the earthquake in Haiti (P.L. 111–126) ...... 0 0 ¥40 Emergency Aid to American Survivors of the Haiti Earthquake Act (P.L. 111–127) ...... 50 50 0 Social Security Disability Applicants’ Access to Professional Representation Act of 2010 (P.L. 111–142) ...... ¥4 ¥4 0 United States Capitol Police Administrative Technical Corrections Act of 2009 (P.L. 111–145) ...... 10 6 0 Hiring Incentives to Restore Employment Act (P.L. 111–147) ...... 20,903 141 ¥4,380 Patient Protection and Affordable Care Act (P.L. 111–148) ...... 8,500 2,130 ¥580 Satellite Television Extension Act of 2010 (P.L. 111–151) ...... 2 0 2 Health Care and Education Reconciliation Act of 2010 (P.L. 111–152) ...... 1,130 220 ¥1,930 An act to amend the Oil Pollution Act of 1990 to authorize advances from Oil Spill Liability Trust Fund for the Deepwater Horizon oil spill (P.L. 111–191) ...... 200 50 0 Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (P.L. 111–192) ...... ¥450 ¥450 119 Airport and Airway Extension Act of 2010, Part II (P.L. 111–197) ...... ¥485 0 0 Homebuyer Assistance and Improvement Act of 2010 (P.L. 111–198) ...... ¥10 ¥6 ¥25 Supplemental Appropriations Act, 2010 (P.L. 111–212) ...... 9,874 ¥18 0 United States Patent and Trademark Office Supplemental Appropriations Act, 2010 (P.L. 111–224) ...... 0 ¥29 0 An act to modernize the air traffic control system . . . and for otherpurposes (P.L. 111–226) ...... 5,187 298 0 General and Special Risk Insurance Funds Availability Act of 2010 (P.L. 111–228) ...... ¥94 ¥94 0 An act to increase the flexibility of the Secretary of Housing and Urban Development and for other purposes (P.L. 111–229) ...... ¥75 ¥75 0 An act making emergency supplemental appropriations for border security for the fiscal year ending September 30, 2010, and for other purposes (P.L. 111–230) ...... ¥100 0 0 Firearms Excise Tax Improvement Act of 2010 (P.L. 111–237) ...... 0 0 ¥82 Total, enacted this session ...... 44,638 3,219 ¥6,916 Entitlements and mandatories: Budget resolution estimates of appropriated entitlements and mandatory programs ...... ¥14,500 2,066, 0 Total Current Level 23 ...... 2,914,587 3,015,533 1,626,469 Total Budget Resolution 4 ...... 2,907,837 3,015,541 1,612,278 Adjustment to the budget resolution for disaster allowance 5 ...... ¥10,350 ¥5,448 n.a. Adjusted Budget Resolution ...... 2,897,487 3,010,093 1,612,278 Current Level Over Budget Resolution ...... 17,100 5,440 14,191 Current Level Under Budget Resolution ...... n.a. n.a. n.a. 1 Includes legislation affecting budget authority, outlays, or revenues that was enacted in the first session of the 111th Congress. 2 Pursuant to section 403 of S. Con. Res. 13, provisions designated as amergency requirements (and rescissions of provisions previously designated as emergency requirements) are exempt from enforcement of the budget resoluton. The amounts so designated for fiscal year 2010, which are not included in the current level totals, are as follows: SOURCE: Congressional Budget Office.

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Previously Enacted (see footnote 1) ...... 12,042, 21,040 ¥4,475 Temporary Extension Act of 2010 (P.L. 111–144) ...... 7,942 7,901 ¥704 Continuing Extension Act of 2010 (P.L. 111–157) ...... 14,401 14,337 ,¥1,292 Unemployment Compensation Extension Act of 2010 (P.L. 111–205) ...... 8,545 8,545 0 Supplemental Appropriations Act, 2010 (P.L. 111–212) ...... 45,615 5,419 0 An act to modernize the air traffic control system . . . and for other purposes (P.L. 111–226) ...... ¥2,604 ¥17 0 An act making emergency supplemental appropriations for border security for the fiscal year ending September 30, 2010, and for other purposes (P.L. 111–230) ...... 600 0 0

Total, amounts designated as emergency requirements ...... 86,541 57,225 ¥6,471 3 For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level excludes these items. 4 Periodically, the Senate Committee on the Budget revises the totals in S. Con. Res. 13, pursuant to various provisions of the resolution. Those revisions are as follows: Budget Outlays Revenues authority

Original Budget Resolution Totals ...... 2,888, 3,001,311 1,653,682 Revisions: For the Supplemental Appropriations Act, 2009 (section 401(c)(4)) ...... 5 2,004 0 For an act to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products . . . and for other purposes (sections 311(a) and 307) ...... 0 0 40 For the Congressional Budget Office’s reestimate of the President’s request for discretionary approprations (section 401(c)(5)) ...... 3,766 2,355 0 For further revisions to a bill to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products . . . and for other purposes (sections 311(a) and 307) ...... 10 13 6 For further revisions to the Supplemental Appropriations Act, 2009 (section 401(c)(4)) ...... 6 ¥1,175 0 For an act to make technical corrections to the Higher Education Act of 1965, and for other purposes (section 303) ...... 32 36 0 For further revisions to the Supplemental Appropriations Act, 2009 (section 401(c)(4)) ...... ¥11 ¥11 0 For an amendment in the nature of substitute to H.R. 3548, the Unemployment Compensation Extension Act of 2009 (sections 306(f) and 306(6)) ...... 5,708 5,708 ¥38,940 For the Patient Protection and Affordable Care Act of 2009 (section 301(a)) ...... 12,500 11,500 9,100 For the Department of Defense Appropriations Act, 2010 (section 401(c)(4)) ...... 0 1,950 0 For further revisions to the Patient Protection and Affordable Care Act of 2009 (section 301(a)) ...... ¥5,220 ¥6,670 ¥9,630 For further revisions to the Patient Protection and Affordable Care Act of 2009 (section 301(a)) ...... ¥7,280 ¥4,830 530 For further revisions to the Patient Protection and Affordable Care Act of 2009 (section 301(a)) ...... 8,500 3,130 ¥580 For the Health Care and Education Reconciliation Act of 2010 (section 301(a)) ...... 1,130 220 ¥1,930

Revised Budget Resolution Totals ...... 2,907,837 3,015,541 1,612,278 5 S. Con. Res. 13 includes $10,350 million in budget authority and $5,448 million in outlays as an allowance to recognize the potential cost of disasters; those funds will never be allocated to a committee. At the discretion of the Sen- ate Committee on the Budget, the budget resolution totals have been revised to exclude those amounts.

RECOGNIZING HELMETS TO and look forward to partnering with American jobs and moving facilities HARDHATS PROGRAM them to help veterans in North Da- offshore by prohibiting firms from tak- Mr. CONRAD. Mr. President, today I kota. ing any deduction, loss, or credit for want to recognize and thank the Hel- f amounts paid to reduce operations in the United States and start or expand mets to Hardhats program for its im- ECONOMIC RECOVERY portant work on behalf of our Nation’s similar operations overseas. veterans. Mr. REED. Mr. President, yesterday we were again thwarted in our at- It would also end the Federal tax In these tough economic times, un- subsidy—known as deferral that re- employment among recent veterans is tempts to take another important step wards firms that move their production a growing concern. Recent statistics in supporting our Nation’s economic overseas by allowing them to defer indicate that the jobless rate among recovery. Iraq and Afghanistan veterans tracks a in 2009, we passed the American Re- paying tax on income earned by their full five points higher than the rate for covery and Reinvestment Act, which foreign subsidiaries until that income the Nation as a whole. It is clear that provided a much needed jump-start to is brought back to the United States. we must take serious steps to address get our economy going again, save and The Creating American Jobs and this issue. create jobs, and make critical invest- Ending Offshoring Act would encourage The Helmets to Hardhats program ments in our infrastructure. American companies to get back in the has helped tens of thousands of vet- In March of this year, we passed the business of hiring American workers. erans find work in the construction in- HIRE Act, which has been providing Nonfinancial companies in the United businesses with tax incentives to hire dustry by evaluating recently sepa- States are reportedly sitting on $1.8 out-of-work Americans. rated servicemembers to identify their trillion of capital. With these reserves, Just Monday, President Obama strengths and experience and match it should not be prohibitive to bring them with employers within the con- signed the Small Business Jobs Act new American workers on the payroll. struction industry. The long-term part- into law, which will provide support This legislation would ensure that nerships that result benefit veterans, and relief to small businesses and lay these companies are using their reconstruction firms, and the Nation as a the groundwork to help these busi- whole. nesses create up to 500,000 jobs. sources to create new American jobs In times of crisis, it is our best and Yesterday, Republicans blocked con- instead of sending those jobs overseas. bravest that step forward in defense of sideration of the Creating American I am disappointed that my colleagues our Nation. We owe our servicemem- Jobs and Ending Offshoring Act, which on the other side of the aisle failed to bers a debt of gratitude for their sac- would have supported our Nation’s join with us to support this common- rifice that we can never fully repay. manufacturing sector by encouraging sense legislation, which would provide The least that a grateful nation can do American companies to bring jobs back desperately needed jobs to out-of-work is to give them assistance in finding to America. Even though we have been Americans and support America’s man- good jobs when they return from serv- witnessing a growth in private sector ufacturing sector. Instead, they have ice. jobs, we are still struggling to prevent voted to preserve tax breaks that re- Though the Departments of Defense the loss of good jobs. ward companies who ship jobs overseas. and Veterans Affairs do excellent work The Creating American Jobs and with their transition programs, organi- Ending Offshoring Act would provide a I am also disappointed that we have zations like Helmets to Hardhats serve tax break to companies that bring jobs failed to extend the TANF Emergency as the ‘‘boots on the ground’’ forces back to the United States, in the form Contingency Fund, which is set to ex- needed to help our veterans realize the of relief from the employer share of the pire on Thursday. I joined with a num- American dream. I thank all of those Social Security payroll tax. ber of my colleagues to introduce and involved in this important organiza- Additionally, this legislation would press for legislation to extend the fund tion for their work across the country, discourage firms from eliminating for 3 months.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7736 CONGRESSIONAL RECORD — SENATE September 29, 2010 The TANF Emergency Contingency research and development in areas such Our strategic bomber fleet of B–52s, Fund has been used to support the suc- as computer-based fire control, digital B–1s and B–2s vary in age from 10 to 30 cessful Jobs Now program in Rhode Is- communication, and command capa- years. The SECDEF has publicly stated land, which has provided local busi- bilities, use of sophisticated radars and in the press and in Congress that 2020 nesses with subsidies to hire workers jammers, and the development of ram- will be the first time we see a new from struggling families. In addition to jet powered and stealth coated artil- bomber, which means that current air- providing jobs to out-of-work Ameri- lery shells, to name a few key areas. frames will have to remain in service cans, this program is a win for busi- Though not necessarily new items of until at least 2040. nesses that could not otherwise bring research and development for the One of our two fifth-generation air- new workers on board. Without this United States, China’s efforts in these craft, the F–22, the peer to the Rus- fund, these businesses will be hard- areas tells me one thing: China is pur- sian’s PAK FA and Chinese JA–12, has pressed to keep these new employees suing modernization and development had the production line cancelled with on the payroll. Unfortunately, in out- initiatives that, based on our recent only 187 aircraft built out of a re- come that has become all too common, history of research and development quested 750, pulling us in a ‘‘high risk’’ this extension was subject to an objec- specific to artillery and rockets, may state for air dominance. The other tion from the other side of the aisle. be superior if they are not at least fifth-generation aircraft, the F–35, will I hope my colleagues on the other equal to our efforts not be ready until at least 2015, has suf- side of the aisle will recognize what is Now let me shift same gears to an- fered significant cost and timing prob- at stake and join us in the effort to other potential peer country: Russia lems, and will be 250 aircraft less than give American workers and businesses and its fifth-generation fighter devel- the requested 1,240. the help they need. I remain com- opment. In the same context as China’s Our Ohio class Trident submarines, mitted to pressing for innovative and efforts in artillery and rocket capa- the ones that deliver ballistic missiles commonsense efforts that will bolster bility, Russia is pursuing the deploy- from the sea, are an average of 20 years the economy, create jobs, and help the ment of a fifth-generation fighter, old. Replacement builds don’t start till middle class. known as the PAK FA advanced tac- 2019 and won’t be finished until 2028. As f tical frontline fighter. Russia has pub- well, the administration remains licly stated that this aircraft is the opaque about plans for replacement of EDUCATION JOBS AND MEDICAID peer to the F–22. This aircraft, together the 30-year-old air-launched cruise mis- FUNDING with upgraded fourth-generation fight- sile which is a critical component of Mr. BAUCUS. Mr. President, I want ers, will define Russian Air Force po- our nuclear and long-range conven- colleagues and those who read the tential for the next several decades and tional strike capability. This is the RECORD to know that the nonpartisan will challenge our aviation efforts same for our Minuteman ICBM, which Joint Committee on Taxation has without question. And don’t think that is decades old as well. made available to the public the docu- China isn’t developing their own fifth- I am convinced well beyond any rea- ment entitled ‘‘Technical Explanation generation aircraft; they are. It is sonable doubt that we are heading of the Revenue Provisions of the Sen- called the JA-12 it is also going to go down a slippery slope due to a short- ate Amendment to the House Amend- head to head with our F–22. sighted and dangerous strategy from ment to the Senate Amendment to The point to this is not a comparison our current administration. The litany H.R. 1586, Scheduled for Consideration of capabilities or numbers but a public of programs cancelled, modified, or by the House of Representatives on Au- reinforcement of an assessment I have mismanaged over the last two budget gust 10, 2010.’’ This document is an ex- maintained for a long time. We, the periods is minf-boggling—FCS, F–22, F- planation of the education jobs and United States of America, are not tak- 35, NLOS–C and LS, PIM, missile de- Medicaid funding bill that the Senate ing our future national security seri- fense, nuclear stockpile, surface and passed last month. This explanation re- ously, because we are failing to focus submarine ships, strategic bombers— flects the intentions of the Senate and on maintaining the edge that we have the list is overwhelming. its understanding of the legislative had for the last several decades. I, for one, will not let this happen. I text. It is available on the Joint Com- So where is the United States in will continue to voice my concerns mittee’s Web site at http://www.jct.gov/ terms of future military hardware nec- over this issue. I will continue to fight publications.html? essary to maintain that edge? Did you for a flat expenditure of at least 4 per- func=startdown&id=3702 and is listed know that the oldest combat vehicle in cent of GDP spent on defense to ensure as document number JCX–46–10. the Army inventory is the M109A6 Pal- that this country continues to have the In addition, I would like to comment adin howitzer and we are on the sixth best military in the world. I will con- on the Secretary’s grant of authority version of this vehicle which is built tinue to press the administration to do to issue regulations in section 211 of around a refurbished chassis circa 1963? more for the future of our national se- the legislation, which adds new section The Army’s answer to artillery mod- curity. 909 to the Internal Revenue Code of ernization has been the Crusader, I ask unanimous consent to have 1986. I note that this grant of authority which was supposed to replace the Pal- printed in the RECORD the article ‘‘Big allows the Secretary to provide excep- adin, the Non-Line-of-Sight Cannon as Guns’’ to which I referred. tions, as appropriate, from the applica- part of FCS, the Non-Line-of-Sight There being no objection, the mate- tion of the provision to certain foreign Launch System, another FCS related rial was ordered to be printed in the tax credit splitting events resulting system, and now the Paladin Inte- RECORD, as follows: from foreign consolidation regimes, grated Management, or PIM program, [From the Defense Technology group relief, or similar loss-sharing ar- which is a modification of the Paladin International, Oct. 2010] rangements. to a Bradley chassis. All but the PIM BIG GUNS—CHINA MUSCLES UP ARTILLARY f program have been cancelled in the PUNCH last 8 years or so, and the PIM program DEFENSE MODERNIZATION (By Richard D. Fisher, Jr.) has been delayed in production. The International Institute for Strategic Mr. INHOFE. Mr. President, I read an Current Army fleets of armored per- Studies’ Military Balance 2010 report places article from the October 2010 edition of sonnel carriers, tanks, wheeled vehi- China third in the number of artillery sys- the Defense Technology International cles, and helicopters were developed tems it fields, after Russia and North Korea. this morning that discussed military and procured 30 to 60 years ago. DOD But China doubtless exceeds both in resource and other technology advances. Enti- and the President’s answer to that: commitment and breadth of artillery invest- tled ‘‘Big Guns: China muscles up artil- cancel FCS, with no viable replace- ments. Credited with an estimated 17,700– lery punch,’’ this article details Chi- ment options, and continue to ‘‘up- plus towed, self-propelled and rocket systems, the People’s Liberation Army (PLA) na’s efforts in the development of artil- grade’’ current fleets of Bradleys an has at least 56 artillery systems in use, de- lery and rocket systems and the associ- Abrams tanks until the next-genera- velopment or available for export. The U.S. ated doctrine they have created. Spe- tion ground combat vehicle can be fig- Army and Marine Corps, by contrast, have cifically, it addresses Chinese efforts in ured out. 8,187-plus artillery pieces of roughly 10 types.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7737 China has had a mixed record of using ar- sions and eight brigades are in the Nanjing 50-meter (164-ft.) circular error probable. The tillery for military and political-military Guangzhou and Jinan military regions, for WS family complements the 150-km.-range goals. Its successes as when it routed Indian Taiwan contingencies. P-12 and 250-km. B-611M maneuverable forces in 1962 with the high-altitude use of Among artillery systems, mortars include navsat-guided short-range ballistic missiles artillery and mortars, have been offset by in- a 60-mm. hand-held system used by infantry (SRBMs), which could supplement or replace cidents provoking third-party responses or and special forces. The new Type 93 60-mm. the PLA’s two brigades of 300–600-km. DF- leading to regional standoffs. Examples in- fixed mortar weighs 22.4 kg. (49.2 lb.) and 11A SRBMs. clude the shelling of islands controlled by fires 20 rounds/min. to 5.5 km. There are also New artillery systems are entering am- Taiwan in 1955–58, resulting in U.S. interven- fixed W91 and W87 81–mm. mortars that fire phibious and airborne units for possible mis- tion and a stalemate over the Taiwan Strait. to 8 km. and 5.6 km., respectively. The PLA sions abroad. PLA marine and army amphib- In July, a unit based in the Nanjing military has largely copied Russia’s Vasilyek 81–mm. ious units are receiving the Type-07B region fired missiles from 300–mm. PHL–03 automatic mortar, called the W99 or SM–4, tracked 122-mm. amphibious artillery sys- multiple rocket launchers (MRLs) into the which comes in a towed version or mounted tem, which places the gun from the Type-07 Yellow Sea to show China’s anger at U.S. in a Hummer-like vehicle. It fires four on a larger hull. Airborne units are equipped naval exercises with South Korea. The exer- rounds in 2 sec. out to 6.2 km. The W86 120– with a version of the Type-96 122-mm. gun, cises, a result of China-backed North Korea’s mm. towed mortar weighs 206 kg. and fires 20 but a new tracked airmobile APC may fea- sinking of the South Korean frigate Cheonon rounds/min. to 4.7 km. ture a mortar or gun system. The ZBD-09 122- in March, went ahead anyway. In 2001, the PLA revealed the PLL-05 mo- mm. gun system could eventually feature in China evolution as an artillery power bile mortar based on the Russian 120-mm. airmobile army units. Future artillery sys- stems from Soviet and Russian influences 2S23 NONA-SVK that it purchased in the tems may feature electromagnetic launch, dating to the Korean War Soviet artillery 1990s, but mounted on a WZ-551 6 X 6 armored an area of extensive research. The PLA is and training improved PLA artillery oper- personnel carrier (APC). It fires a rocket-as- also interested in ramjet-powered and ations during the war and led to the forma- sisted round 13.5 km. In 2007, the PLA re- stealth-coated artillery shells. tion of the first formal artillery command. vealed a laser-guided 120-mm. mortar round, Soviet aid continued through the 1950s, and though it is not clear if it is in service. f by the time of the Sin-Soviet split of the Towed and self-propelled tubed systems SUDAN 1960s, China was producing copies or modi- dominate artillery units. The largest number fied versions of Soviet pieces. of towed guns are likely the 122-mm. Mr. KERRY. Mr. President, in just The PLA makes extensive use of Soviet-or- versions. These include the Type-96, based on over 100 days, Sudan will face a defin- igin 152-, 130- and 122-mm. calibers, though the Russian D-30, with a 360-deg. traversing ing moment. The choices its leaders Western calibers such as the 155- and 105- base, and the simpler Type-83. Their rocket- make can lead to a peaceful two-state mm. are seeing greater use. China purchased assisted rounds have a 27-km. range. The solution. Or, as many fear, they could the Russian 9A52 Smerch 300-mm. MRL in Type-59 130-mm. towed gun fires a rocket-as- the 1990s, and the PLA produced a near fac- sisted round 44 km. Of heavy towed artillery, result in a return to chaos and war in simile in the A–100/PHL-03 MRL. The 155- the 152-mm. Type-66, a copy of the Russian a place too often synonymous with mm. PLZ-05 self-propelled artillery system D-20, is most numerous and fires rocket-as- both. that emerged in 2005 bears an uncanny re- sisted rounds 28 km. In 1999, the PLA re- Responding to this urgency, the semblance to the Russian 2519 MSTA. vealed the 155-mm. PLL01/WA 021 towed ar- Obama administration has recently In the 1990s, PLA artillery was affected by tillery system, based on the Austrian launched a heightened campaign of dip- reforms in strategy (its closest concept to Noricum GH N-45, which fires a rocket-as- doctrine) and organization. Toward the end lomatic engagement with both North sisted round 50 km. The PLL01 and the Type- and South Sudan to help the parties to of the decade, the PLA was immersed in 66 fire 155- and 152-mm. versions of the Rus- strategy goals of ‘‘informatization’’ and sian Krasnopol laser-guided shell. find their way through this process. I ‘‘mechanization.’’ The former included the Self-propelled tubed artillery includes the traveled to Sudan in April 2009 and I broad application of improving information PLL02, which places the Type-86 100-mm. gun have met with Sudanese from all parts technologies, which for artillery included on a WZ-551 APC. In 2009, the PLA revealed of the country since that time, includ- new computer-based fire controls and ever- the new Type-07 122-mm. tracked artillery ing Salva Kiir, the leader of Southern improving digital communication and com- system, which features hull and electronic Sudan, last week. Today, joined by mand linkages. PLA artillery units increas- improvements over the previous Type-89 Senators BROWNBACK, DURBIN, WICKER ingly include flrefinding counter-battery Tracked 122-mm. system. In 2009, photo- radar such as the 50-km.-range (31-mi.) SLC- graphs appeared on the Internet of the SH-3, and FEINGOLD, I am introducing legis- 2 and Type 704, and use sophisticated elec- a truck-mounted 122-mm. artillery system lation known as the Sudan Peace and tronic warfare systems such as the Russian with digital control systems in a hatch over Stability Act. Congress must not be si- SPR–2 radio fuse jammer, a possible Chinese the cab. lent at this critical time. facsimile and possibly a recently revealed ar- Heavy self-propelled systems include the On January 9, 2011, the people of tillery radar jammer. Artillery recon vehi- 155-mm. PLZ-05, which has a version of the Southern Sudan and the adjoining ter- cles and recon troops feature advanced PLL01 gun, and appeared in 2005. It is replac- ritory of Abyei are scheduled to hold optronic and digital communication capa- ing the 152-mm. Type-83, which entered serv- bilities. In addition, PLA artillery units ice in 1983. The PLZ-05 also fires the referenda on secession. Realistically, have sophisticated meteorological capabili- Krasnopol laser-guided projectile and a rock- Sudan’s choice is no longer between ties and use muzzle velocity radar to im- et-assisted round 50 km., and is capable of unity and separation—southerners prove accuracy. flat-trajectory antitank fire. Unconfirmed have apparently made that decision. Mechanization put renewed emphasis on reports state the PLZ-05 has an automatic Every reliable source indicates that developing tracked and wheeled self-pro- gun-loading system and weighs 35 tons. they will vote for separation, dividing pelled tubed artillery, with rocket artillery PLA investments in rocket artillery are Africa’s largest country and taking largely truck-mounted. This trend was em- impressive. A five-wheel all-terrain vehicle with them some eighty percent of phasized in late 2004 when Chinese Com- has been modified to carry a 107-mm. MRL munist Party and PLA leader Hu Jintao for experimental mechanized special forces known Sudanese oil reserves. The Sec- enunciated the PLAs new ‘‘historic mis- units. The tracked Type-89 and more recent retary of State has called a vote for sions,’’ a euphemism for invasions, which Type-90 truck-mounted 122-mm. MRL feature separation inevitable. No, the choice call on the PLA to defend state interests self-contained 40-round rocket reloaders. In before the peoples of Sudan is that be- abroad. It is likely that new medium-weight addition, the Smerch-derived 12-round PHL- tween a future of peaceful coexistence artillery systems based on airmobile ar- 03, which reportedly fires a 150-km.-range or a return to the country’s bloody mored personnel carriers will follow for missile, is entering increasing numbers of ar- past. these strategic missions. tillery units. The latest AR1A export variant The Sudanese, both North and South, Organic PLA artillery units have decreased features a modular U.S. MLR system-style 5- in size, following the pattern of general round rocket carrier, which speeds reloading. set out on this path when they signed large-scale troop reductions. When combined In 2009, Norinco revealed an as yet unidenti- the 2005 Comprehensive Peace Agree- with ‘‘informatization’’ advances, this will fied truck carrier for this 5-round rocket ment. The CPA brought to a close a permit many infantry and armored divisions box, similar to Lockheed Martin’s High-Mo- war that had raged for two decades and to be reformed into mechanized brigades. bility Artillery Rocket System. claimed millions of lives. And it offered However, in a counter-trend that emphasizes The PLA is also investing in larger MRL Southern Sudan the promise of a their continued importance, the PLA main- systems. The 400-mm. WS-2D reportedly has choice in 2011 between continuing tains five independent artillery divisions and a range of 400 km., and one payload features 20 independent brigades. Of these, two divi- three ‘‘killer unmanned aerial vehicles,’’ ac- unity and separation from the Suda- sions and six brigades are stationed in the cording to a Chinese report. An earlier 200- nese government in Khartoum. Shenyang and Beijing military regions, for km.-range version, the WS-3, uses navigation The landmark agreement ended the potential Korean contingencies. Three divi- satellite guidance to achieve a remarkable war, but it intentionally postponed the

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7738 CONGRESSIONAL RECORD — SENATE September 29, 2010 tough decisions about the modalities 1. To spell out clearly the objectives looking to do a renovation. Specifi- and meaning of 2011. In theory, the six of U.S. policy and the bilateral and cally, the rule requires that renova- intervening years were intended to so- multilateral tools available to pursue tions in these homes that disturb more lidify connections between former en- them; than six square feet must be supervised emies. But not enough was done to 2. To emphasize the need for all par- by a certified renovator and conducted build those ties, and the death of South ties to commit to see the CPA through by a certified renovation firm. In order Sudan’s most forceful voice for unity, the January referenda and beyond; to become certified, contractors must Dr. John Garang, further diminished 3. To underscore the importance of submit an application—with a fee—to unity’s prospects. For champions of Darfur and to provide policy guidance EPA, and complete a training course separation, the time period meant a de- on both the peace process and the hu- for instruction on lead-safe work prac- ferral of their dream of independence manitarian situation; tices. Those who violate the rule could that has now come due. But this inter- 4. To lay the legal groundwork, spur face a fine of $37,500 a day. vening period has also served one cru- the humanitarian planning, and shape In my role as ranking member of the cial purpose: It has demonstrated that the policy framework in the likelihood Environment and Public Works Com- North and South can live side by side of secession; and mittee, prior to implementation, I sent in peace. 5. To strengthen both capacity build- several letters to EPA expressing con- With January fast approaching and ing and accountability. cern with the rate of training. I wrote progress scant on the mechanisms for Our bill offers a number of specific on two separate occasions warning division, the two sides are almost out prescriptions, including the designa- EPA that it seemed badly unprepared of time to craft a peaceful transition. tion of a senior official to work with to properly implement the rule. In both To fulfill the full promise of the land- the Special Envoy to Sudan by heading cases, EPA said they were ready. mark 2005 peace agreement, they must up the U.S. team in the Darfur peace In a June 3, 2009 letter responding to negotiate terms of separation and pre- process, much as Ambassador Prince- my concerns, EPA wrote: pare for a future in which they remain ton Lyman is currently doing in Juba I agree that both EPA and the regulated fundamentally connected. in the South. The legislation also seeks community have a great deal of preparation Southern Sudan possesses most of to strengthen multilateral efforts to in front of us as we approach next April’s the known petroleum reserves, but the build capacity in the South and aid im- deadline. I am confident, however, that the pipelines to market for that oil run plementation of the CPA. ten months between now and April 2010 will In approaching Sudan we are rightly allow us to meet this deadline....We are con- through the north. An estimated mil- fident that all renovators subject to the re- lion and a half southerners displaced concentrating for the moment on the quirements of the rule will be able to find a by the war live in Khartoum and may things that the parties must do be- provider in advance of our deadline. well remain there, and northerners will tween now and January 9, 2011, from In a letter dated December 1, 2009, live in the South. Every dry season, registering voters for the referenda to EPA wrote: coming to terms on major issues such herders from the north’s Arab we are confident there will be enough Misseriya tribes cross into what will as citizenship, oil, debts, and the bor- training providers to meet the demand. EPA likely become the country of Southern der territory of Abyei. But we must does not plan to revise the April 2010 effec- Sudan and then return. The Nile will also look beyond January as well. tive date of the RRP rule....Currently, the continue to flow northward, irrespec- Much has to be done between January capacity for training is in excess of the de- tive of borders and politics. Boundaries and July 2011, when, under the terms of mand as several training courses have been must simultaneously be demarcated the CPA, Southern Sudan and Abyei cancelled for lack of attendance. and accommodating. And the parties are to become independent if that is On implementation day, April 22, need to finalize the details fast enough the outcome of the referenda. But even 2010, EPA had only accredited 204 to ensure that violence cannot fill the more importantly, we have to think be- training providers who had conducted vacuum. yond that milestone, to what independ- just over 6,900 courses, training an esti- The last war between North and ence will mean for a new and fragile mated 160,000 people in the construc- South lasted for decades and claimed country in the south and a signifi- tion and remodeling industries to use millions of lives. And, earlier this year, cantly changed country in the north, lead-safe work practices. That number then Director of National Intelligence including for Darfur. fell far short of the total number of re- Dennis Blair told Congress that, over The United States helped to bring modelers who would be working on pre- the next five years, Southern Sudan is about the Comprehensive Peace Agree- 1978 homes. the place where ‘‘a new mass killing or ment. We have led the world in pro- Let me say it again: on implementa- genocide is most likely to occur.’’ viding humanitarian assistance and in tion day, EPA had only trained an esti- America acted as one of the archi- supporting the peacekeeping mission in mated 160,000 people in the construc- tects of the CPA in 2005, and has a Darfur. While the Sudanese must own tion and remodeling industries to use moral obligation as well as a strategic their future, the United States can lead-safe work practices. interest in helping the parties to see it help the parties find a path forward to I suspected that there wouldn’t be through. The Sudanese must make the peace and stability. enough contractors to even meet EPA’s decisions, but we—and others—can help f estimate of certifying 186,811 ren- them navigate this process. Failure to ovators by April 2010. So I sent a bipar- act now—whether by high level diplo- EPA OVERSIGHT tisan letter to OMB requesting that matic engagement, scenario planning Mr. INHOFE. Mr. President, I would they delay implementation of the rule for a variety of potential outcomes, like to take a few minutes today to until there was enough time for more and pre-positioning humanitarian sup- speak about the importance of over- people to be certified. Additionally, I plies in the region—may contribute to sight. spoke to Cass Sunstein, Administrator a larger crisis later. As you may recall, on April 22, 2010, of the Office of Information and Regu- While we try to prevent the next po- EPA’s new lead-based paint, the lead, latory Affairs at OMB, and was joined tential wave of genocide, we cannot ig- renovation, repair and painting rule, by some of my Oklahoma contractors, nore the fact that Darfur’s tragedy re- went into effect. At that time, offices who relayed the difficulties they were mains unresolved. Even as America on the Hill were inundated with in- facing. I appreciate Mr. Sunstein lis- asks how it can help Southern Sudan tense public outcry from constitu- tening to the concerns of my Oklahoma prepare for the likely burdens of state- ents—from homeowners to contractors constituents. He told us he recognized hood, it must also consider the Sudan to landlords to plumbers—all trying to the economic impact of the implemen- that remains and Darfur’s need for get more information about a rule tation of the rule and explored ways to peace, stability, and justice. Attention that, in most cases, they had just provide a 60-day delay, but, by April 23, to Darfur must not be a casualty of our learned about. People were confused we simply ran out of options. necessary fixation on the North-South about the implications of the rule. The rule was in place, there were not crisis. This rule affects anyone who owns or enough renovators, and EPA argued The goals of the legislation are: lives in a home built before 1978 and that a delay in the rule would delay

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7739 protection for children and their fami- lation through both Chambers and that the improvements we have worked lies. But because the Federal Govern- builds upon the bipartisan Law En- for over the last several years will fi- ment failed to meet the demand for forcement Officers Safety Act that was nally be enacted, and I look forward to certified contractors, the Federal Gov- enacted in 2004. hearing about the positive changes ernment was already delaying the im- I want to recognize the longstanding that will come. plementation of the rule. efforts and strong support of the Fra- f I was proud that the Senate inter- ternal Order of Police, the Federal Law vened to send a clear message to EPA. Enforcement Officers Association, and PERSECUTION OF THE BAHA’IS The Senate passed the Collins-Inhofe the National Association of Police Or- Mr. LEAHY. Mr. President, I want to amendment, S. 4253, to the supple- ganizations, along with many others in take a moment to call the Senate’s at- mental appropriations bill, H.R. 4899, the broader law enforcement commu- tention to members of the Baha’i faith by a vote of 60 to 37. nity. Their support and assistance con- who have and continue to suffer severe This amendment prevented supple- tributed greatly to today’s success. I persecution by the Iranian Govern- mental funds from being used to imple- also thank the Judiciary Committee’s ment. ment the rule. The vote showed over- ranking member Senator SESSIONS, Senators should be aware that seven whelming bipartisan concern about Senator KYL, and Senator CONRAD for prominent Iranian Baha’i leaders are EPA’s disastrous implementation of their cosponsorship. currently in prison, facing sentences of the lead-based paint rule. This legislation will assist qualified up to 10 years, charged with espionage, Fortunately, EPA got the message. Federal, State, and local law enforce- establishing an illegal administration, On June 18, 2010, EPA’s enforcement of- ment officers in exercising their privi- and promoting propaganda against the fice issued a memorandum extending leges related to the interstate con- Islamic order. These spurious charges the lead rule deadline for renovators to cealed carry of firearms under existing are only the latest example of the mis- enroll in training classes to September law more easily and efficiently. The treatment of the largest religious mi- 30, 2010. Furthermore, it has extended legislation will give active-duty offi- nority in Iran. the deadline for contractors to com- cers and qualified retired officers more Ironically, the Baha’i faith origi- plete training to December 31, 2010, and flexibility in obtaining the necessary nated in Iran during the 19th century, most importantly, the agency agreed credentials in several important ways separating the Baha’is from their pre- to work to provide additional trainers and will overcome some of the chal- vious affiliation with Islam. The found- in areas of need. lenges that retired officers have faced er of the faith, known as The Bb, was EPA’s concerns about extending adin the past in obtaining certification. then arrested, locked in a dungeon, and ditional time for renovators to become The legislation will also remove some executed, as were some 20,000 of his fol- certified never materialized; in fact, in- of the administrative pressure on law lowers. These atrocities devastated a stead of people continuing to delay enforcement agencies by allowing the religion whose tenets include global signing up for classes, people flocked to required firearms qualification testing unity, peace and diversity. them. EPA’s most recent training of retired officers to be done by a pri- Persecution of the Baha’is in Iran numbers show that as of September 23, vate firearms instructor who is cer- continued into the next century, with 2010, EPA has accredited 364 training tified to test active-duty officers in his the Iranian Government’s destruction providers who have conducted more or her jurisdiction and at the officer’s of Baha’i literature in 1933, and in 1955 than 21,400 courses, training an esti- own expense. And it will give law en- the demolition of the Baha’i national mated 476,700 people in the construc- forcement agencies more certainty and headquarters. Since the establishment tion and remodeling industries to use authority when determining whether a of the Islamic Republic of Iran in 1979, lead-safe work practices. retired officer suffers from mental the government has stepped up its ac- From just 160,000 people in April, to health issues sufficient to disqualify tive discrimination against the Ba- 476,700 people in September, more time that officer from certification under ha’is. Children are prohibited or dis- has meant greater ability to take the law. couraged from receiving higher edu- classes and come into compliance. I have great confidence in the men cation, Baha’is are unable to practice The delay has allowed another 160 and women in law enforcement who put their faith in public, they are pre- training providers to be certified; an their own lives on the line to serve vented from opening businesses or ad- additional 14,500 courses to be held; and their fellow citizens every day. This vancing their careers, and Baha’i ceme- 316,700 people to receive training in confidence extends to these men and teries are destroyed. Baha’is are slan- lead safe work practices. women whether they are on the job or dered by the Iranian media, often Unfortunately, we did not have one off duty. I trust in them and their prov- called worshippers of Satan. oversight hearing on this rule. There en ability to exercise the firearm privi- The arrests of the seven Baha’I lead- were numerous opportunities prior to leges provided under the Law Enforce- ers are the latest official Iranian abuse the rule going final, but they were ment Officers Safety Act responsibly against members of this religious faith. never taken. Nonetheless, I am pleased and with the same solemnity with These men and women led the ‘‘Friends to have worked with Senators COLLINS, which they approach their official du- in Iran,’’ a Baha’i group working to ALEXANDER, VITTER, COBURN and others ties. meet the needs of the Baha’is in Iran. to highlight this important issue and I have said many times that After their arrest, the group disbanded, provide additional time for renovators Congress’s efforts to assist State and reducing the much needed support to to attend training classes. local law enforcement are a crucial the Baha’is. The leaders were incarcer- f part of our Federal policy and a policy ated in 2008, and were not brought be- that pays dividends in our overall capa- fore a judge for over 20 months. LAW ENFORCEMENT OFFICERS bility to protect the citizens of the The systematic abuses of the Baha’i SAFETY ACT IMPROVEMENTS United States. State and local law en- by the Iranian Government are clear ACT OF 2010 forcement officers are the first line of violations of provisions in the Inter- Mr. LEAHY. Mr. President, today, defense and support in America’s com- national Covenant on Civil and Polit- the House of Representatives passed munities, and for that they deserve the ical Rights, to which Iran is a signa- the Law Enforcement Officers Safety recognition and continued support of tory, on economic and educational op- Act Improvements Act of 2010, which Congress. We must also recognize the portunities, religious freedom, and due passed the Senate unanimously in May. men and women who serve as law en- process. They are also violations of I applaud the leadership of the House forcement officers throughout the Fed- Iran’s own laws. for taking up this legislation, which is eral Government, for whom this legis- Prominent global leaders are speak- of great importance to the law enforce- lation will also provide benefits. Fed- ing out in support of the Baha’is in ment community. Today’s action eral officers play an indispensible role Iran, including Secretary of State Clin- brings to a successful conclusion the in the Federal system and in important ton, her British counterpart William good work of Senators and Representa- partnerships with State and local offi- Hague, and the President of the Euro- tives who have helped move this legis- cials around the country. I am glad pean Parliament, Jerzy Buzek. They

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7740 CONGRESSIONAL RECORD — SENATE September 29, 2010 have each expressed concern and dis- What we are seeing in Afghanistan is projects, often costing only a few tens approval with Iran’s mistreatment of reminiscent of Iraq, although in Iraq of thousands of dollars, in thousands of Baha’is. They are joined by a long list the waste and shoddy results were on a Afghan towns and villages. of human rights groups, such as the far larger scale. The Pentagon was But these successes should not ob- International Federation for Human asked to be a relief and reconstruction scure the fact that planning, imple- rights, Human Rights Watch and the agency that it was never meant to be. mentation, and oversight of programs Iranian League for the Defense of The empty buildings, electricity black- need to be better, both for American Human Rights. I want to add my voice outs and unfinished projects are part of taxpayers and for the Afghan people. in condemning Iran’s persecution of its the costly legacy of that debacle. At a time when we face large budget Baha’i religious minority. But the increasing tendency in Af- deficits and money is scarce, I doubt Our Nation stands for fundamental ghanistan to measure progress by the the wisdom of spending billions of dol- rights and freedoms. We are not per- rate at which money is spent is unwise. lars this way. That is one reason the fect, and I have not hesitated to speak We have urged USAID to go slower, to Department of State and Foreign Oper- out when I felt we fell short of our own focus on smaller, manageable, sustain- ations Subcommittee has rec- values and principles. But I also be- able projects that are chosen with ommended $1.3 billion less than the lieve we have an obligation to speak input from local communities. Local President requested for aid for Afghan- out when the fundamental rights of people, and local governments or na- istan for fiscal year 2011. Some argue citizens of other nations are being de- tional government ministries with a that we should have cut even more. nied. The Baha’is of Iran deserve our record of transparency, accountability We want to help the people of Af- admiration and support. and good performance, should be in- ghanistan. They have suffered, and f volved at all stages, from design to im- continue to suffer, every imaginable ASSISTANCE FOR AFGHANISTAN plementation to oversight. It may take hardship. Combating poverty, empow- longer, the projects may not be as ering women whose political participa- Mr. LEAHY. Mr. President, at a time grandiose, but the long term results tion is essential to the future of that when many Americans are increasingly are likely to be better. country, building more effective public concerned with the situation in Af- In response, we are told USAID needs institutions, and strengthening the ghanistan, I was interested in an inves- more money to support the civilian rule of law in Afghanistan are in the tigative report on U.S. aid for Afghani- surge and implement bigger projects long term interests of the United stan in the August 2, 2010, issue of the quickly as part of the ‘‘clear, hold, States. We know that in a country torn Christian Science Monitor weekly build’’ strategy. I understand the pres- by conflict and where corruption is magazine. The report describes several sure USAID is under, from the Pen- aspects of the U.S. Agency for Inter- rampant, some projects will fail no tagon, the White House, and the State matter how well designed they are. We national Development’s approach to Department, to spend more money development in that country, and I understand that there is an unavoid- faster. I suspect if it were up to USAID want to take a minute to clarify what able element of risk. But spending alone it would spend less and get better may be a misconception about the money fast is not the same as taking results. And I am concerned that at the Congress’s expectations. risks to help people. The article describes USAID’s focus same time USAID is being told to I urge the administration to review on the ‘‘burn rate’’—that is, how quick- spend more, it is treated as a second- its current assumptions, look critically ly aid funds are spent. With this as class agency that sometimes has to at the results so far, take the time to USAID’s focus, the more money the fight just to be included in the discus- understand the lessons learned, and re- President asks for, the more money sions about the very strategy it is told evaluate the amount of aid that Af- Congress appropriates, the more money to implement. ghanistan can effectively absorb so But I have seen, as the Christian USAID has available to spend, and the progress is measured not by the rate at faster USAID says it needs to spend it Science Monitor describes, the dis- which money is spent, but by tangible in order to satisfy Congress. appointing results of the big-spending, improvements in the lives of the Af- The article gives examples of the rushed approach. Costly new roads that ghan people. mistakes and problems that have re- are already deteriorating, poorly built f sulted from trying to spend too much, irrigation canals that have collapsed from landslides, hydro-electric projects 10TH ANNIVERSARY OF BONE too fast, in an environment where secu- BUILDERS rity threats severely limit the ability that don’t produce electricity. United of USAID to monitor the funds, where States officials in Kabul who have been Mr. LEAHY. Mr. President, next a large percentage of the population in the country only a few months and month, RSVP programs in Vermont’s lives as though it were the 12th cen- will be gone after a year, trying to di- Rutland and Addison Counties will be tury, where corruption is pervasive, rect what happens on the ground hun- celebrating the 10th anniversary of and where the Karzai Government is dreds of miles away. Perhaps the worst Bone Builders, a free exercise program widely perceived as ineffective or of it is that many Afghans have be- that helps Vermonters combat and pre- worse. The article describes big-dollar come angry and distrustful of the vent osteoporosis. I congratulate all contracts with foreign companies that United States because they know these the participants and volunteers who are not familiar with Afghanistan, for projects were expensive and mis- have contributed to the success of Bone projects that are hastily designed from managed, and promises were not kept. Builders and for reaching this mile- the top down, are overly ambitious, Just as bad is when USAID contractors stone. and too often do not produce good re- issue self-serving reports—describing As we mark the 6-month milepost of sults. projects which cost too much and pro- the Affordable Health Care Act and the This is one Senator who is not im- duced too little—as success stories. implementation of more and more of pressed by burn rates. I don’t think Of course, spending billions of dollars its benefits for Americans and their they are a good measure of anything, does produce successes. Hundreds of families, we all are increasingly at- except possibly waste. When I hear thousands of Afghan girls are in school tuned to the advantages of ending the that the administration expects to in- thanks to the United States. That corrosive health cost spiral, and the crease the burn rate for USAID pro- alone is a major achievement. Agricul- roles to be played by individual and or- grams and activities in Afghanistan tural productivity is increasing, ganized preventive efforts like Bone from $250 million per month to $300 thanks to USAID programs, although Builders. million per month, it rings alarm bells. opium poppy cultivation is also flour- Bone Builders uses RSVP volunteers I am interested in projects that are ishing. Another success is the money to lead weight training and balance ex- worth the investment and that provide we provide to the National Solidarity ercise classes aimed at preventing frac- lasting improvements in the lives of Program, which works from the bot- tures caused by osteoporosis. Classes the Afghan people. More often, that tom up, with better oversight and less help participants increase their mus- means spending less, and spending it waste than the big contracts. It is sup- cular strength, balance, and overall more slowly and more carefully. porting economic development bone density. Countless studies have

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7741 shown that women who participate in Senator BURRIS serves on the Senate In 2008, Michigan voters approved a exercise programs like Bone Builders Armed Services Committee, which I referendum protecting the ability of can gain bone density while nonpartici- chair. During his service on the com- Michigan researchers to engage in re- pants will continue to lose bone den- mittee, Senator BURRIS helped provide search involving stem cells. This wise sity. oversight of the military as we draw decision has already paid significant One particular story shared with me down U.S. forces in Iraq and standup dividends. Researchers at the Univer- captures how important this program Afghan forces in Afghanistan. He has sity of Michigan, Michigan State Uni- is to help keep Vermonters healthy. A helped pass weapons acquisition reform versity, Wayne State University, and few years ago during a particularly legislation and two National Defense other Michigan institutions have made rough winter, a Bone Builders partici- Authorization Acts out of committee. significant progress even in that short pant was walking to her bird feeder and He has helped confirm the nominations time. UM has established a consortium fell, injuring herself. Yards away from of Nation’s top civilian and military to aid the search for treatments and her house and her phone, she found the leaders. cures, and a UM researcher, Dr. Eva strength to drag herself back to her Before coming to the Senate, Roland Feldman, last year obtained FDA ap- house. Later she told an RSVP volun- Burris had a distinguished career in Il- proval for the first ever clinical trials teer that she would not have been able linois politics, as Illinois comptroller on a stem cell therapy for ALS, or Lou to get inside to call for help if she had and then as the Illinois attorney gen- Gehrig’s disease. Researchers at MSU not participated in Bone Builders. eral. are advancing work on stem cell treat- Medical experts estimate that there As Senator BURRIS ends his time here ments for Parkinson’s disease. At are 1.5 million fractures per year in the in the Senate, I thank him for his serv- Wayne State, scientists are examining United States due to osteoporosis, ice to our Nation and wish him and his how stem cells can be made more use- costing nearly $20 million in health family the very best. ful for a wide variety of medical pur- care services and treatments. Doctors f poses. These and other institutions in Vermont, understanding how impor- across the State are working hard to tant strength training programs are for COMMENDING SENATOR CARTE save and improve lives, and I congratu- seniors in order to prevent GOODWIN Mr. LEVIN. Mr. President, today I late them for their efforts. osteoporosis, have started to refer pa- Michigan researchers will join others rise to congratulate Senator CARTE P. tients to local classes and hand out from across the country and around GOODWIN of West Virginia for his serv- Bone Builders brochures. Since the pro- the world at next week’s summit. They gram has been so successful and pop- ice. When he was sworn into office in will examine not only the latest sci- ular in Vermont, there are now more July, Senator GOODWIN assumed the entific advances but important sub- than 100 classes offered across our seat previously held by the Chamber’s jects such as how stem cell research State. longest serving and one of the most The program has helped countless distinguished Senators in our history— can contribute to economic develop- Vermonters not only improve their Senator Robert C. Byrd, who passed ment efforts, another area in which health but make connections in their away on June 28. Michigan has quickly become a leader. I would like to welcome those who communities. Some participants have Before arriving in the Senate, Sen- will travel to Detroit next week and recently lost spouses or have had ator GOODWIN already had an impres- thank them for the opportunity to health difficulties that may isolate sive political career. As chief counsel show what Michigan has accomplished them within their neighborhood and to West Virginia Governor Joe in the stem cell field. I wish them communities. The camaraderie and Manchin, CARTE GOODWIN led the effort friendship that participants in Bone to reform mine safety rules in the every success as they seek to protect Builders find through classes often wake of the Sago and Aracoma coal the health and save the lives of the leads them to socialize outside of the mine disasters that killed 14 coal min- millions of people coping with diseases program. In fact, the program has been ers. He also served as the chairman of that stem cell research might one day so successful in Vermont that the Bone the West Virginia School Building Au- cure. Builders model has been replicated in thority. f several other States, including Cali- Senator GOODWIN serves on the Sen- COMBATTING TERRORISTS’ fornia, Maine, Florida and Minnesota. ate Armed Services Committee, which ACCESS TO FIREARMS I am proud of the Vermonters who I chair. As a committee member, Sen- Mr. LEVIN. Mr. President, in May have taken the initiative and chal- ator GOODWIN has helped pass the Na- 2010, the Senate Homeland Security lenged themselves in these classes, and tional Defense Authorization Act out and Governmental Affairs Committee for the work of the volunteers who of committee. He has also contributed spend their time inspiring others to to hearings overseeing the status of held a hearing on how known or sus- improve their health. I look forward to conflicts in Iraq and Afghanistan. pected terrorists are taking advantage celebrating the work of RSVP Bone As Senator GOODWIN’s time in the of lax Federal laws to purchase fire- Builders and many other such anniver- Senate draws to a close, I thank him arms. The committee discussed two saries in the years ahead. for his service to our country, and I legislative proposals, both of which I wish him and his family the very best. have cosponsored, to address this f weakness in current law: the Denying f COMMENDING SENATOR ROLAND Firearms and Explosives to Dangerous BURRIS WORLD STEM CELL SUMMIT Terrorists Act, S. 1317, and the PRO- Mr. LEVIN. Mr. President, Senator Mr. LEVIN. Mr. President, next TECT Act, S. 2820. S. 1317 would close Roland Burris of Illinois was sworn week, scientists, researchers, industry the loophole in current law—known as into office less than 2 years ago. In leaders and advocates from around the the terror gap—that prevents the Fed- that short time, he has debated and world will gather in Detroit, MI, for eral Government from stopping the voted on some of the most important the sixth annual World Stem Cell Sum- sale of firearms or explosives to a legislation the Senate has considered mit. By bringing together experts in known or suspected terrorist—unless in 40 years. During his tenure, Senator medicine, genetics, business, and eco- that individual falls under another dis- BURRIS has helped pass major reforms nomic development, the summit will qualifying category. S.2820 would to end abuses by the credit card indus- give a boost to global efforts aimed at lengthen the time—from the current try, to put a cop back on the beat on finding cures for debilitating and dead- duration of 90 days to 10-years the FBI Wall Street, and to expand health care ly diseases, as well as bringing the im- is required to keep gun transfer records coverage to 32 million Americans while portant economic benefits of bio- that involve a purchaser on the ter- reducing the Federal deficit by $143 bil- science. By choosing Detroit as the site rorist watch list. Unfortunately, de- lion. Senator BURRIS also voted to con- of this year’s summit, the organizers spite broad support from the law en- firm the nomination of two U.S. Su- have made a powerful statement about forcement community, Congress has preme Court Justices: Justices Sonia Michigan’s commitment to this vital failed to pass these commonsense Sotomayor and Elena Kagan. area of scientific exploration. pieces of legislation.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7742 CONGRESSIONAL RECORD — SENATE September 29, 2010 On September 22, 2010, the Senate AK, making him that rare person who Afghanistan. He was serving on his Homeland Security and Governmental moved south to the Upper Peninsula of sixth combat deployment as part of Op- Affairs Committee held a hearing enti- Michigan. This was good fortune for eration Enduring Freedom. Jared ex- tled ‘‘Nine Years After 9/11: Con- those of us who care about preserving emplified the very best in our mili- fronting the Terrorist Threat to the the history of Michigan’s copper min- tary’s long tradition of selfless service Homeland.’’ At this hearing, I ques- ing era because Jim’s career had pre- on behalf of this great nation. tioned FBI Director Robert Mueller pared him well. As a trained historian, Master Sergeant Van Aalst enlisted about the FBI’s efforts to prevent indi- Jim had already helped bring alive the in the U.S. Army on August 17, 1995. viduals on the terrorist watch list from drama of our Nation’s founding, the After completing basic training, the acquiring firearms and explosives. In frontier grit of the earliest Texas set- signal systems specialist course and regard to S. 1317, I asked Director tlers, the history of Ozark waterways basic airborne school, he was assigned Mueller if he had an opinion as to in Arkansas, and the growth of textile to the Headquarters Company. He later whether or not persons on the terrorist manufacturing in Massachusetts in completed the Ranger indoctrination watch list should be able to buy guns parks from coast to coast. program and sniper school, and contin- and explosives. I was pleased to hear Preserving the legacy of Michigan’s ued to rise through the ranks as a snip- Director Mueller’s response that ‘‘all of copper mining industry has long been a er team leader and squad leader. Mas- us would want to keep weapons out of priority for many of us Michiganians. ter Sergeant Van Aalst was promoted the hands of terrorists and/or persons The Keweenaw Peninsula contained to sniper platoon sergeant, platoon ser- on the terrorist watch list.’’ This re- perhaps the world’s richest and purest geant, and finally served as the non- sponse echoes the support given at a deposits of copper, and from native commissioned officer in charge of November 2009 Senate Judiciary Com- peoples 7,000 years ago to miners in the Headquarters Company’s 3rd Battalion mittee hearing by Attorney General 19th and 20th centuries, those deposits Reconnaissance, Sniper and Technical Eric Holder, the Nation’s top law en- have had profound effects on human so- Surveillance. He saw combat in both forcement official, for legislation to ciety across our Nation and on the pe- Operation Iraqi Freedom and in Oper- close the terror gap. ninsula. ation Enduring Freedom in Afghani- In regard to S. 2820, I asked Director The park established in 1992 to pre- stan. Mueller whether he would like to be serve that history is like no other in An exceptional marksman and sol- able to keep firearm transfer records the Nation. Unlike the vast majority of dier, in 2005 Master Sergeant Van Aalst for longer than 90 days for persons on National Park Service facilities, in defeated 147 of his brothers in arms to the terrorist watch list. Again, I was which the government owns and con- take first place at the service-rifle in- glad to hear that Director Mueller fa- trols the land and associated assets of dividual championship in the U.S. vors a longer period of record retention the park, Keweenaw National Histor- Army Small Arms Championships. He across the board, including for those ical Park is an unusual public-private was later selected as a shooter and in- persons who are on the terrorist watch cooperative venture. Private citizens, structor for the U.S. Marksmanship list. According to Director Mueller, nonprofit groups, and local govern- Unit at Fort Benning. ‘‘retention of records gives us an abil- ments own nearly all the park’s his- Master Sergeant Van Aalst’s many ity to go back, when we identify some toric assets, and they are managed co- awards include the Bronze Star Medal, person, and determine whether or not operatively, with the Park Service pro- two Meritorious Service Medals, two there’s additional information we viding coordination, advice and fund- Joint Service Commendation Medals, would have in those records that would ing. three Army commendation Medals, enable us to conduct a more efficient That calls for a superintendent who seven Army Achievement Medals and investigation.’’ is part historian, part manager, and five Good Conduct Medals, the Afghani- At this hearing, Director Mueller part diplomat. Jim has skillfully stan Campaign Medal with two bronze added his voice to the chorus of sup- served all three roles. He has worked service stars, the Iraq Campaign Medal port from so many law enforcement closely with officials at the Environ- with two bronze service stars and the professionals for legislative solutions mental Protection Agency to simulta- National Defense Service Medal with that address the deficiencies in current neously preserve the industrial legacy bronze service star. He was post- law. Closing the terror gap and increas- of the copper mines while remediating humously awarded a second Bronze ing the duration of firearm record re- the environmental impact of that leg- Star Medal and a third Purple Heart tention are two ways to give the law acy. And he has taken a leading, but Medal, as well as the Defense Meri- enforcement community the necessary always cooperative, role in bringing to- torious Service Medal. Our Nation can tools to keep guns and explosives out gether the various community inter- never adequately thank Jared for his of the hands of known and suspected ests who have a stake in the park and willingness to make the ultimate sac- terrorists. Congress should listen to its growth. Just one example of this rifice in the defense of American lib- the brave men and women charged with work is his work to help create the erties, nor can words diminish the pain protecting the American public and, Quincy Smelter Steering Committee to of losing this brave American. For his without further delay, pass these com- help preserve one of the park’s most 15 years of service, he has earned our monsense solutions. important historic resources. country’s enduring gratitude and rec- f Jim describes Keweenaw National ognition. Historical Park as a ‘‘parknership,’’ A Laconia native, Jared was a grad- TRIBUTE TO JIM CORLESS and that illustrates the thoughtful way uate of Plymouth Regional High Mr. LEVIN. Mr. President, as Mem- in which he has approached his job over School in Plymouth, NH, where he was bers of the Senate, we work every day the last 3 years. All of us who care the captain of the high school wres- with public servants who fill an amaz- about Michigan’s vital mining past are tling team and one of the best wres- ing variety of roles, and when one of grateful for his exceptional service, tlers in the entire state in his weight those servants fills his or her role with and we all wish him and his wife Mary class. He is remembered for his incred- exceptional skill and dedication, they Jane the very best as they embark on ible drive and determination to suc- deserve our praise. One such public the next chapter of their lives. ceed. servant, Jim Corless, the super- f Jared has been laid to rest at Arling- intendent of Keweenaw National His- ton National Cemetery. He is survived torical Park in Michigan, is preparing HONORING OUR ARMED FORCES by his wife Katie Van Aalst, their two to retire after nearly 30 years of Fed- MASTER SERGEANT JARED VAN AALST daughters Kaylie and Ava, and his par- eral service, the last 3 of which have Mrs. SHAHEEN. Mr. President, it is ents Neville and Nancy Van Aalst. This come in helping build one of the most with a heavy heart that I rise today to brave New Hampshire son will be dear- unique national parks in the Nation. pay tribute to the life and sacrifice of ly missed by all. Jim Corless came to Michigan’s Cop- MSG Jared Van Aalst, a native of La- I ask my colleagues and all Ameri- per Country from Klondike Gold Rush conia, NH. Jared was killed on August cans to join me in honoring the life of National Historical Park in Skagway, 4 while stationed in Kunduz Province, MSG Jared Van Aalst.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7743 SERGEANT ANDREW NICOL I ask my colleagues and all Ameri- School in 2006. He played on his high Mr. President, today it is also my sad cans to join me in honoring the life of school football team and was described duty to pay tribute to the service and SGT Andrew Nicol. by his coach as one of the team’s hard- sacrifice of SGT Andrew Nicol, a native STAFF SERGEANT KYLE WARREN est working players. of Kensington, NH. Andrew, just 23 Mr. President, today with a heavy Today, I join Marvin’s family and years old, was killed in action by an heart, I also wish to pay tribute to the friends in mourning his tragic death. improvised explosive device on August life and service of Army SSG Kyle War- He is survived by his wife Yamili 8 in Kandahar, Afghanistan, while sup- ren, who was killed on July 29 in Sanchez and their daughter Yohani; his porting Operation Enduring Freedom. Tsagay, Afghanistan, by an improvised mother Shirin Reum; and his father He served as an Army Ranger and was explosive device. Warren, formerly of Marvin Calhoun, Sr. a member of the 3rd Battalion, 75th Manchester, NH, was on his second de- As I search for words to honor this Ranger Regiment, based at Fort ployment to Afghanistan. He was a fallen soldier, I recall President Lin- Benning in Georgia. member of the 1st Battalion, 3rd Spe- coln’s words to the families of the fall- Despite his young age, Sergeant cial Forces Group, Airborne, based at en at Gettysburg: ‘‘We cannot dedicate, Nicol served five tours in Iraq and Af- Fort Bragg, NC. we cannot consecrate, we cannot hal- ghanistan and was awarded many med- Staff Sergeant Warren joined the low this ground. The brave men, living als for his valor. These included the military in 2004, entering the Army as and dead, who struggled here, have Army Achievement Medal, Army Good a Special Forces trainee. Following consecrated it, far above our poor Conduct Medal, National Defense Serv- Basic and Special Forces training, he power to add or detract. The world will ice Medal, Afghanistan Campaign completed medical training at the little note nor long remember what we Medal with Combat Star, Iraq Cam- John F. Kennedy Special Warfare Cen- say here, but it can never forget what paign Medal with Combat Star, and the ter and School. By 2007, Warren had they did here.’’ Global War on Terrorism Service earned a Green Beret and went on to As we struggle to express our sorrow Medal. He was honored for heroic ac- serve as a Special Forces medical ser- over this loss, we take pride in the ex- tions during a combat mission in Octo- geant during two tours of duty. His ample of this American hero. We will ber 2008 and was also awarded the awards include the Bronze Star Medal, cherish the legacy of his service and Bronze Star Medal for Valor for heroic Army Achievement Medal, Good Con- his life. It is my sad duty to enter the name actions in northern Iraq. His actions duct Medal, National Defense Service of Sergeant Marvin Ray Calhoun, Jr. in during these missions saved the lives of Medal, Afghanistan Campaign Medal, the RECORD of the U.S. Senate for his fellow soldiers and led to the capture of NATO Medal, Purple Heart, and Global service to our country and for his pro- numerous enemy insurgents. Sergeant War on Terrorism Service Medal. Un- found commitment to freedom, democ- Nicol was posthumously awarded an questionably, he served our Nation racy and peace. additional Bronze Star Medal, a Meri- with distinction and honor. torious Service Medal and a Purple A native of southern California, Kyle PRIVATE FIRST CLASS GEBRAH NOONAN Heart. Unquestionably, he served his moved to New Hampshire in 2003 to be Mr. DODD. Mr. President, it is with a country with both honor and distinc- closer to his mother. While in Man- heavy heart that I rise today to mark tion. chester, Kyle joined the local men’s the passing and honor the service of rugby club and quickly made friends Army soldier, PFC Gebrah Noonan of Andrew was a 2005 graduate of Exeter with his teammates. He is remembered Watertown, CT. High School. He was captain of the for his wonderful sense of humor, re- Private First Class Noonan died in wrestling team there, and earned the markable physical strength, and excep- Fallujah, Iraq, on September 24. He was respect and affection of his peers tional kindness. a member of the Headquarters Com- through his leadership and wonderful SSG Kyle Warren exemplified the pany of the Third Infantry Division sense of humor. Andrew looked for best in New Hampshire’s long tradition stationed out of Fort Stewart, GA. His challenges, from racing in New Hamp- of service to this country. Our Nation company had deployed to Iraq in July shire motocross competitions to serv- can never adequately thank him for his and Gebrah was eager for the oppor- ing as a volunteer firefighter and EMT. willingness to make the ultimate sac- tunity to serve his country-something He was an indispensable member of his rifice in defense of the American people he had always wanted to do. community. and words cannot fill the void left by Gebrah Noonan graduated from Wa- Sergeant Nicol exemplified the best his death. He has earned our Nation’s tertown High School in 2002, where he in New Hampshire’s long tradition of enduring gratitude and recognition. is fondly remembered by friends for service to this country. Our Nation can SSG Kyle Warren is survived by his having a larger than life personality, a never adequately thank this young wife Sandra, whom he met while living smile on his face and a joke to share. hero for his willingness to lay down his in New Hampshire, his mother and His humor and wit earned him the title life in defense of the American people stepfather Lynn and Ed Linta, as well of class clown his senior year. Gebrah and words cannot fill the void left by as his father and stepmother Del and loved life and was an avid Yankees fan, his death. I hope that Andrew’s family Hill Warren. This patriot will be dearly but even more so a Michael Jackson can find solace in knowing that all missed by all. enthusiast. He even dressed up like Mi- Americans share a deep appreciation I ask my colleagues and all Ameri- chael Jackson during School Spirit for his service. Daniel Webster’s words, cans to join me in honoring the life of Days. first spoken during his eulogy for SSG Kyle Warren. Private First Class Noonan was al- Presidents Adams and Jefferson in 1826, SERGEANT MARVIN RAY CALHOUN, JR. ways outspoken about his love of coun- are fitting: ‘‘Although no sculptured Mr. BAYH. Mr. President, I rise try. He enlisted in the Army last Octo- marble should rise to their memory, today to honor the life of SGT Marvin ber because he felt it was an oppor- nor engraved stone bear record of their Ray Calhoun, Jr. of the U.S. Army and tunity to serve his country as well as deeds, yet will their remembrance be Elkhart, IN. an opportunity for self-improvement. as lasting as the land they honored.’’ Sergeant Calhoun was assigned to Private First Class Noonan’s Army re- Sergeant Nicol has earned our coun- the Army’s Bravo Company, 5th Bat- cruiter remembered him as a com- try’s enduring gratitude and recogni- talion, 101st Combat Aviation Brigade, mitted soldier who also brought his fun tion. 101st Airborne Division. He lost his life personality to everything he did. He Andrew has been laid to rest at the on September 21, 2010, while serving truly had an infectious smile. New Hampshire State Veterans bravely in support of Operation Endur- Private First Class Noonan leaves be- Cemetary in Boscawen. He is survived ing Freedom in Qalat, Afghanistan, hind a family that has supported him by his parents Roland and Patricia where he was serving his second tour of through every part of his young life. Nicol of Kensington, NH, and older duty. Sergeant Calhoun was 23 years Our thoughts and prayers are with his brother Roland who lives in Boston. old. parents William and Ling Noonan, as This young patriot will be dearly Marvin joined the Army soon after well as his brothers and sister. There missed by all. graduating from Elkhart Central High are no words to express the debt of

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7744 CONGRESSIONAL RECORD — SENATE September 29, 2010 gratitude we owe to Gebrah and his First, the standards are still too recent release. Both are also subject to family. PFC Gebrah Noonan’s selfless- weak and will take way too long to be a long ‘‘observation period.’’ In fact, ness and sacrifice will not be forgotten implemented. Even with the greater the actual standards on the LCR and by those of us who mourn his tragic focus on high-quality equity capital, NSFR, which are likely to be much loss. large U.S. bank holding companies are weaker than the initial proposals, will Mr. KAUFMAN. Mr. President, since generally already well above the Basel not be introduced until 2015 and 2018, last February, I have spoken at great III standards, which they will not have respectively. length on what I viewed and continue to comply with until 2019. And while Instead of waiting on uncertain and to view as the key issue in financial re- the introduction of a leverage ratio has delayed Basel rules, U.S. regulators form that of too big to fail. As my col- been hailed as a major achievement, it can set their own liquidity rules and/or leagues know, I sponsored legislation is subject to a long test and implemen- use new powers granted by Dodd-Frank with Senator BROWN and others that tation period and is set at such a low to place basic limits on the use of would have placed strict limits on the level as to be mere window dressing. In short-term debt, including repos, by size and riskiness of megabanks, but fact, it would still permit financial in- systemically significant financial in- that did not pass. Instead, Congress stitutions to leverage their balance stitutions. In the years prior to the cri- placed its faith in regulators to set ap- sheets more than 33 times over their sis, the repo market morphed from a propriate prudential standards for capital base, which is well above the means for money-center banks to use these institutions. gross leverage level at Lehman before high-quality collateral like Treasurys The issue of too big to fail has there- it went into bankruptcy. to secure overnight liquidity to being a fore not gone away with the passage of Second, given the weakness of the le- convenient way for banks to finance the landmark Dodd-Frank bill. It re- verage ratio, it is even more incumbent the booming securitization machine. mains the most pressing issue for regu- on negotiators to go back to the draw- Unfortunately, the use of repos and lators and for all of us. As Fed Chair- ing board on the flawed risk-based other forms of short-term borrowing to man Ben Bernanke stated recently in standards of Basel II. In short, deter- finance massive inventories of illiquid testimony before the Financial Crisis minations on capital adequacy under structured securities backed by dubi- Inquiry Commission: ‘‘If the crisis has the Basel rules will continue to be de- ous collateral led to serious structural a single lesson, it is that the too-big- pendent on arbitrary risk weights, the weaknesses at the heart of our finan- to-fail problem must be solved.’’ judgments of rating agencies and the cial system. Placing basic limits on Given that, financial regulations banks’ own internal models. Instead of this practice would add greater sta- being developed nationally and inter- correcting the fundamental flaws of bility to our financial system. Indeed, nationally will be judged by one crit- Basel II, Basel III continues to walk on if financial institutions had to use ical standard: do they address the core its Achilles heel. more expensive longer term funding to problem of too big to fail? This will be The final financial reform bill par- finance risky assets, we would likely my last Senate speech on this issue, tially addresses this problem by remov- see fewer risky and needlessly complex and I will be focusing on whether the ing all references to credit rating agen- financial assets being created. As a re- recent rules coming out of Basel, Swit- cy ratings in Federal regulations. But cent study by the Bank of Inter- zerland and that will be considered in since the Basel regulatory capital rules national Settlements shows, the effect the upcoming G20 meeting in Seoul depend heavily on credit rating agency of higher capital and liquidity require- meet this standard. The oversight body of the Basel Com- determinations, U.S. regulators are ments will likely strengthen financial mittee on Bank Supervision recently currently struggling to find a viable al- stability without hindering economic came to agreement on a core pillar of ternative. This is no doubt a tough growth. Finally, the Basel Committee has yet the Basel III framework of bank cap- task given that the use of ratings is at to specifically address the problem of ital and liquidity standards. The agree- least as pervasive in the world of finan- ment comes approximately 2 years cial markets as it is in the world of fi- too big to fail. Although the committee after the original onslaught of the financial regulations. notes that systemically significant nancial crisis and only a couple of Third, the Basel Committee punts on banks should have ‘‘loss absorbing ca- months after the passage of a land- a global liquidity standard. With all pacity’’ that goes beyond these basic mark financial reform bill in this Con- the focus on capital requirements, it is standards, it has yet to provide much gress. This represents a rather quick easy to forget that liquidity rules are in the way of details of what this will turnaround for complex and oftentimes at least as important, if not more so. entail. Ultimately, systemically impor- fractious international negotiations on After all, Lehman Brothers was deemed tant banks might need to hold some financial regulation. adequately capitalized only days before combination of the following: addi- The new Basel III agreement also ef- a run on the firm evaporated its liquid- tional capital; contingent capital that fectively increases the amount of comity. Other institutions that were re- converts from debt to equity when mon equity that banks must hold as a portedly adequately capitalized also overall capital levels drop below a min- percentage of their risk weighted as- had fatal or near-fatal experiences due imum threshold; and so-called bail-in sets from 2 percent to 7 percent. Impor- to liquidity runs. debt that would subject holders of the tantly, this change not only raises the The Basel Committee initially pro- debt to an expedited cram-down in international bar on the amount of posed a fairly robust liquidity proposal cases where the institution was dis- capital that banks hold, but also the late last year. Under it, banks would be tressed. Presently, concepts such as quality of the capital that they hold subject to a liquidity coverage ratio, contingent capital and bail-in debt, that is, more of their capital will need LCR, requiring them to hold enough neither of which is a high-quality form to be held in the form of common eq- high grade liquid assets to cover poten- of capital, raise more questions than uity and retained earnings. In addition, tial cash needs over a 30-day period. answers with regard to how expensive a this minimum risk-weighted capital They would also be subject to a net form of capital they would be and how ratio would also be supplemented for stable funding ratio, NSFR, requiring they would work in practice. Indeed, the first time on an international level them to have sufficient sources of sta- the Basel Committee itself continues by a leverage limit of 3 percent, a ratio ble funding based upon the overall li- to explore these issues as reflected by a that reflects the amount of capital quidity profile of their assets. Such a recent consultative document. And that a bank holds relative to the size of standard would help limit overreliance while the committee calls for a ‘‘well its assets. on unstable wholesale financing integrated approach’’ on the super- While I commend the committee on sources, a cause of the financial crisis vision of systemically significant insti- its efficiency and for producing a pro- that I will discuss in greater detail tutions, it seems more likely that the posal that significantly strengthens ex- later in this speech. Unfortunately, in regulation of these firms will differ de- isting international capital standards, the face of a vocal industry backlash, pending on national jurisdictions. I see several problems and flaws with the committee watered down the pro- Under the new financial reform law, regard to both the design and imple- posals in July and has further back- the Federal Reserve must set capital mentation of these rules. tracked on these standards in its most and other prudential standards that

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7745 are more stringent for systemically cluded four visits to Iraq, as well as mestic insurgency in the last decade, and it risky institutions than they are for visits to Saudi Arabia, Lebanon, Egypt, understands all too well the threat they other financial institutions. It can also Syria, Turkey, and Kuwait. What I pose. Why does this make me optimistic for the set graduated capital requirements have seen in those trips gives me a cer- peace process? Well, for the first time a na- that rise as banks and other financial tain amount of qualified optimism dif- tion like Saudi Arabia has a cold-hearted re- institutions grow bigger and more com- ferent than any I have had in my 37 alpolitik motivation to support peace. The plex. In addition, the Fed can set coun- years following the Arab-Israeli peace looming threat of Iran has focused their tercyclical capital rules that require process. mind so that they, and other Arab nations, banks to build up capital buffers during This morning, I shared my thoughts know they need to solve one security issue a bubble. While the Basel agreement with the organization J Street, and I and, in the words of a member of the Saudi also calls for such countercyclical ask unanimous consent that they be consultative assembly, ‘‘take away Iran’s best propaganda tool.’’ rules, national regulators will have printed in the RECORD. The best evidence of this is the Gaza flo- great discretion on when and how to There being no objection, the mate- tilla. In years past, something like the flo- implement them. rial was ordered to be printed in the tilla incident would have derailed the peace But to truly address too big to fail, RECORD, as follows: process down and possibly led to an intifada, regulators will ultimately need to Good morning. I am pleased to address you but this time, the direct talks started. The limit the size, complexity, and riski- today about the Middle East peace process, a relatively muted response to the end of the ness of megabanks. The final financial topic J Street has done so much on already. settlement moratorium may very well be an- reform bill has a number of provisions I often describe the Middle East as a roller other example. coaster, full of ups and downs and the occa- Second, I am optimistic because of the U.S. that have the promise of doing this, if sional complete loop. It might be an exciting dream team working to promote the peace regulators avail themselves of them. ride, if only you had any idea when it was process. President Obama is unshakable in For example, the final bill’s inclusion going to end. In my experience things are his commitment to this issue and is deter- of the Kanjorski provision will give most dangerous in the Middle East when you mined to have progress. At the UN General regulators the explicit authority to are optimistic. We have all learned the Mid- Assembly last week, I thought he laid out break up megabanks that pose a ‘‘grave dle East can break your heart. the stakes very well, when he said in clear threat’’ to financial stability. In addi- Even with that in mind, after 37 years terms about the next year of the peace proc- working in and around Washington, I am op- ess that ‘‘this time we will not let terror, or tion, the requirement that system- timistic about the prospects for a Middle turbulence, or posturing, or petty politics ically significant firms develop ‘‘living East peace process. I know the major obsta- stand in the way.’’ If we do, he said, ‘‘when wills’’ allows regulators eventually to cles to peace and I will highlight two in par- we come back here next year, we can have an force an institution to shed assets if it ticular that I believe are most threatening, agreement that will lead to a new member of fails to submit a credible resolution but first let me explain the reasons this time the United Nations—an independent, sov- plan. Because resolution authority feels different to me. ereign state of Palestine, living in peace does not work for global mega-banks First is Iran. As one of my top priorities as with Israel.’’ And he is right. But it is not the first time he has made sprawled across many borders, I believe a U.S. Senator, I sought out updates on the Middle East from my very first days in of- clear the United States is done with the old it will be imperative for regulators to fice. What I heard from senior administra- games and will put all its efforts into peace. use these powers. tion officials and other senators surprised It was made clear when he assembled a crack I hope we ultimately take heed of the me: when they traveled to the region they team to work on this in the Middle East and lesson that Chairman Bernanke identi- found the Arab states—for the first time in in Washington. The Vice President is truly fied. While the Basel III framework my experience—did not start with a diatribe an expert in the region, and Israel has no will be useful in setting minimum about Israel, but rather wanted to talk about better friend than him. And Secretary Clin- international standards, U.S. and other Iran, and the destabilizing effect an Iranian ton deserves enormous credit for her work to national regulators will need to go far nuclear weapon would have on the whole set the right tone. But I want to spend a few Middle East. minutes talking about the President’s peace beyond it to address the problem of too I went there myself and found it to be com- envoy himself, George Mitchell. big to fail. Of course, I would have pre- pletely true. And I think my most recent Senator Mitchell and I share something in ferred to have solved this problem by trip to Saudi Arabia provides a wonderful il- common, we were both appointed to replace drawing simple statutory lines, such as lustration of this. In Riyadh, we spoke with our former bosses. Along with Senator Kirk, those put forward in the Brown-Kauf- members of King Abdullah’s consultative as- we are the only three men in history to re- man amendment. The Dodd-Frank bill sembly, a group of professionals appointed place a Senator for whom we served as chief instead takes a different tack, leaving by the King to offer him advice. They cer- of staff. But that is not why I think he is the tainly wanted to talk about the peace proc- dream team’s MVP. critical decisions in the hands of the ess with us, but at the same time a comment My father was a secular Jew, and my regulators. Its ultimate success or fail- from the chair of their foreign relations mother was Irish Catholic, so I have been ure will therefore depend on the ac- committee was typical. He said ‘‘Iran wants deeply familiar with both conflicts through- tions and follow through of these regu- to destabilize the Gulf. We do not believe out my life. The Troubles in Northern Ire- lators for many years to come. they have a peaceful nuclear system, because land were every bit as intractable as the As I have said before, Congress has otherwise, why would they be building deliv- problems in the Middle East. Just like Israel an important role to play in overseeing ery vehicles.’’ and Palestine, people said that ancient the enormous regulatory process that At higher levels in Saudi Arabia, the real- grudges would ensure that there could never ization at last that Iran, not Israel, is the be a compromise between a population that will ensue following the bill’s enact- greatest danger to stability in the Middle would only settle if Ireland was all Catholic ment. The American people, for that East is even more pronounced. We met be- or all Protestant. But George Mitchell bro- matter, must stay focused on these hind closed doors with a member of the kered a peace, by understanding that both issues, if just to help ensure that Con- Saudi royal family and had a lively back- Catholics and Protestants wanted an end to gress indeed will fulfill its oversight and-forth about the peace process. But at the the violence so they could get on with their duty and its duty to intervene if the end of our discussion, he turned to us and future, and that, through perseverance, a so- regulators fail. Although I will be leav- said, I paraphrase, ‘‘It’s really all about lution could be found that both thought tol- ing the Senate in November, I will be Iran.’’ erable. It is not difficult to see why. Saudi Arabia Senator Mitchell has brought that same watching to see if the regulators have has been the unrivaled most important Mus- tireless approach to the Middle East, and it learned the lesson to which Chairman lim country in the Gulf for nearly half a dec- has paid off with the first direct talks in al- Bernanke refers and are willing to take ade, the one that the other Muslim countries most two years. At those talks, he is well- the tough steps to solve the too big to look to for leadership. A nuclear Iran is a di- served by his extensive background in the re- fail problem. rect challenge to Saudi existence in the Gulf, gion, stretching back to his time as a staffer and the centuries of bad feelings between in Washington. He is certainly no neophyte f their peoples ensure that it will not be a to Arab-Israeli negotiations. MIDDLE EAST PEACE PROCESS friendly competition. Even the history of the last two years that Mr. KAUFMAN. Mr. President, while Saudi Arabia, as the leader of the Sunni led to direct talks is based on his experience. world, sees an aggressive Shia Iran as a When he chaired a fact-finding committee in a U.S. Senator I have traveled to the threat to its most basic principles, and fears 2001 to determine the best way to get the Middle East three times, visiting Israel its export of extremists around the region peace process back on track in the middle of each time and the West Bank twice. and within its own borders. The Saudi mon- the intifada, it produced what we call the My travels through the region also in- archy has already fought an extremist do- Mitchell Report, suggesting three phases of

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7746 CONGRESSIONAL RECORD — SENATE September 29, 2010 action: the immediate end to violence, re- most optimistic things are most dangerous. Les has served in the Fairfield school building confidence in the Palestinian Au- But the focus of Arab states on Iran as the system for over 13 years, beginning as thority by focusing on their ability to pre- true threat, the United States peace process an English teacher in 1997 and since vent terrorism while the Israelis froze settle- team, and the leadership of Palestinians and 2002 as the principal of Fairfield High ment activity, and then the resumption of Israelis are each new features in this long direct negotiations. It took eight years to story. Well aware of the pitfalls, I remain op- School. Under his leadership the school get this process moving, but look where we timistic. Thank you, and I look forward to has seen test scores and student are today. your questions. achievement rise every year, while the Senator Mitchell has also had a long and f dropout rate has fallen to almost zero. storied career, including bringing peace to Les has expanded professional develop- Ireland. He did not take this job to be one for TAIWAN’S DOUBLE TEN DAY ment opportunities to help his teachers two. You can bet that he is confident that an Mr. BURRIS. Mr. President, on Octo- do an even better job of educating our answer is within reach, and within reach soon. He is not preparing an eight-year plan. ber 10, 2010, Taiwan—ROC—our good children. He is well liked and admired My third reason for optimism is the Israeli friend and our partner in peace and by the staff and students alike. and Palestinian leadership, particularly Bibi economic development will celebrate When Les was recognized as the Mon- and Abu Mazan. Much has been made of ‘‘Double Ten Day,’’ its national day. I tana Principal of the Year, he humbly Prime Minister Netanyahu’s unwieldy coali- call upon my colleagues in the U.S. accepted the award and praised his tion and the multitude of small conservative Senate to stand with Taiwan and to teachers, staff, students, parents, and parties which each have vested interests that celebrate this important holiday. community members who have all con- could sink a peace deal. But after numerous meetings with him, I am convinced that he The people on Taiwan have a vibrant tributed to the success of the young wants peace. democracy which sustains one of the people in Fairfield schools. He noted I have no doubt that Bibi has wanted peace region’s most important and dynamic how fortunate he is to be working in a his whole life, as so many do, because the se- economies. Taiwan’s economy has be- community where folks take the edu- curity of his country and his family depends come an attractive base for inter- cation of their children seriously—a on it. But, like with the Arab leaders, cur- national investment, and it has trait in communities across Montana rent events have provided an added real- achieved economic growth of over 6 both large and small. politik impetus right now. In my last trip, There is nothing more important to Defense Minister Ehud Barak sketched out percent at a time when many world why achieving a solution based on two economies are faltering. Taiwan’s eco- Montanans than giving children the states, living side-by-side in peace and secu- nomic strength has enabled it to be- best opportunities to succeed in life. rity, is an existential issue for the unique come a major international investor, Providing our young people with a Jewish democracy that exists in Israel. The promoting economic development solid education is the best thing we can alternative to lasting security through two throughout the region. Clearly, Taiwan give them. The investments we make states, he said, is the complete annexation of has much to offer on the world stage, in our education system today will pro- the West Bank and Gaza. The resulting state and much to be proud of as they cele- vide our children with the skills and would either be non-Jewish, because of the knowledge to be successful in the 21st- size of the Israeli Arab and Palestinian popu- brate their Double Ten Day. lation, or non-democratic, if Palestinians are My good friend Taiwan’s President century economy. Montana has some of disenfranchised. I believe Abu Mazan also Ma Ying-jeou deserves both recognition the best teachers and principals in the really wants peace. Like Bibi, though, cur- and congratulations for his leadership country, and I look forward to working rent conditions give him an unprecedented in negotiating and signing the Eco- with Les and other education leaders flexibility for achieving it. The Arab states nomic Cooperation Framework Agree- across the State to make sure that we that have awoken to the danger of Iran now ment, ECFA, this summer which is continue to keep the promise of a good give Abu Mazan, perhaps for the first time, a helping to expand trade between Tai- education to our children. true green light to come to a negotiated set- wan and mainland China, reducing re- Les also knows that life’s lessons ex- tlement with the Israelis. The Arab League in the past has acted as gional tensions and encouraging re- tend beyond the classroom. Since 2004, a break on negotiations, but now its mem- gional prosperity in addition to being principal, Les has bers appear more eager for a conclusion to Taiwan has been a strong partner to served as the football coach for Fair- the long-running crisis. I am hopeful that the United States in our collective field High. Under his leadership, the when they meet on October 4 to consider work with the World Health Organiza- team has advanced to four Class B what to do about the end of the settlement tion, WHO , and I feel strongly that State Championship games in the past moratorium, amidst a great deal of angry Taiwan should play a similarly valu- 5 years. This season the Eagles are off rhetoric will be a go-ahead for Abu Mazan to to a 4 to 0 start and are ranked No. 1 in continue talks. It is that important to both able role in the work of global aviation him and Arab leaders to achieve peace, and safety and security initiated by Inter- the State. Les works to instill in the time is of the essence. national Civil Aviation Organization, young men on his team the importance So those are three good reasons for opti- ICAO. I hope my colleagues will join of teamwork, being role models and mism, but now the bad news: those that ben- me in urging that important inter- good citizens in the community, and efit from opposing peace will do everything national body to welcome the partici- giving it their all both on the field and they can to try to destroy the process. We pation of Taiwan. in the classroom. I wish Coach Meyer know that both Hamas and Hezbollah will I ask my colleagues to join with me and the team the best of luck. lose a major reason for their existence, if not Les is in Washington, DC, this week the only reason for their existence, if peace today in standing to salute Taiwan, as is achieved. We should expect them to do ev- a partner and friend on the world along with other award winning prin- erything in their power to stoke violence and stage, on its Double Ten Day and to re- cipals from across the country who are provoke a reaction they can turn to their affirm our friendship, support, and con- being recognized for their achieve- benefit. tinued progress together and for many ments and are sharing their insights on After all, they do not need to defeat the years ahead. how to make our education system peace process, they only need to delay it f even better. I congratulate Les on long enough that Abu Mazan follows through being chosen as the Montana Principal on his announced retirement or loses credi- ADDITIONAL STATEMENTS bility, leaving a leadership vacuum for Pal- of the Year, and I applaud all our estinians—and in all my travels, briefings, teachers, principals, and school administrators across Big Sky Country and meetings, and hearings not a single person TRIBUTE TO LES MEYER has been able to suggest a Palestinian leader thank them for their dedication to who can effectively replace him. Or they ∑ Mr. BAUCUS. Mr. President, today I making our schools the best they can only need to delay the peace process long wish to recognize an outstanding edu- be.∑ enough that President Obama’s dream team cation leader from my home State of f breaks up. Or delay it long enough that more Montana. Les Meyer, principal of Fair- Arab states follow the path of Syria and in- field High School in Fairfield, MT, has 20TH ANNIVERSARY OF HOLY creasingly Lebanon and decide that the ben- been recognized by the Montana Asso- FAMILY HOSPITAL efit of kowtowing to Iran outweighs the cost ∑ of being in their crosshairs. ciation of Secondary School Principals Mr. BOND. Mr. President, today I As I said at the beginning, the Middle East as the Montana Principal of the Year wish to recognize the 20-year anniver- will break your heart. Whenever you are for 2010. sary of the Holy Family Hospital in

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7747 Bethlehem, Palestine, which has long Institute, EWI, has been a national education reforms for high standards stood as an oasis of hope and peace in leader in helping manufacturers im- and accountability. Specifically, the the Holy Land. This celebration also prove their products and productivity Blue Ribbon Schools Program is de- marks another significant milestone through advanced engineering. Based signed to honor public and private for the Holy Family Hospital, the on the campus of the Ohio State Uni- schools that are either academically 50,000th baby delivered. versity, EWI is a world-class model of a superior in their States or that dem- In 1990 the Order of Malta, respond- public-private partnership that works onstrate dramatic gains in student ing to the critical need of maternal with universities and entrepreneurs, achievement. This award recognizes care in the region, opened Holy Family and small businesses and large corpora- that the James F. Doughty School has Hospital. Since its opening, the hos- tions to strengthen Ohio’s position as a worked with its students to improve pital has become the premier mater- national leader in aerospace, auto- their academic standing and edu- nity hospital and newborn critical care motive production, and emerging ad- cational excellence. center of the entire region which in- vanced clean energy manufacturing. I applaud the administrators, teach- cludes Bethlehem, neighboring towns Among its team of cutting-edge sci- ers, staff, parents, and students of the and villages, four United Nations ref- entists and technicians, industry ex- James F. Doughty School. Together, ugee camps, and Bedouin encampments perts and project managers is an em- they are succeeding in their mission to in the Judean Desert. ployee whose voice and face has made generate confidence and momentum for The need for Holy Family Hospital EWI among the most important assets learning. They are making a difference has continued to grow over the years, of the great State of Ohio. in the lives of their students, helping with an increase from 1,000 births an- For the last 21 years, senior recep- them reach their full potential as inde- nually to now over 3,000 and its out- tionist Willie Lou Rice has welcomed pendent, responsible learners and citi- patient clinics increased from 3,600 more than 1.5 million visitors by phone zens. consultations a year, to over 22,000. and in person at EWI. No one can walk I also wish to commend The hospital built and maintains the through EWI without first being greet- Kennebunkport Consolidated School in only neonatal intensive care unit in ed by Lou not even Vice President Al Maine on being named a 2010 National the region. Thanks to their presence, Gore or U.S. and State Senators or Blue Ribbon School. This recognition the lives of 400 premature and low- Members of Congress representing dis- of high accomplishment was bestowed birth-weight infants are saved every tricts from across the Nation. She has by U.S. Secretary of Education Arne year. In addition, 90 midwives have greeted high-ranking officials from the Duncan. The Blue Ribbon Schools award, cre- been trained, which accounts for all U.S. Departments of Energy, Com- ated in 1982, is considered the highest the midwives working in all of the hos- merce, Defense, and Transportation honor an American school can obtain. pitals in the entire West Bank. who visit EWI to learn about its latest Holy Family Hospital continues to Schools singled out for this national work. Military personnel, corporate ex- offer the latest in medicine to the honor reflect the goals of our Nation’s ecutives, university presidents, and Bethlehem area, including mammog- education reforms for high standards dignitaries from all over the world raphy, laparoscopic surgery, and Echo and accountability. Specifically, the have received Lou’s greeting before Doppler diagnosis not found anywhere Blue Ribbon Schools Program is de- meeting with EWI staff. else in the region. Additionally, a pro- signed to honor public and private Her commitment to the mission of gram of continuing medical education schools that are either academically EWI also extends to the community. has been instituted which has brought superior in their States or that dem- Each year Lou has welcomed 3rd grad- renowned medical professionals to the onstrate dramatic gains in student ers from Columbus School For Girls hospital as visiting professors. achievement. As well as providing critical health and helps introduce them to the oppor- I applaud the administrators, teach- care, the hospital provides many a live- tunities for women in welding tech- ers, staff, parents, and students of the lihood. Mr. President, 150 hospital em- nology. She regularly welcomes voca- Kennebunkport Consolidated School. ployees are provided steady work and a tional school students and local science Together, they have built a quality, fair wage, many of whom are the sole teachers to inspire them about engi- caring, and supportive educational support of large extended families. neering and to show them that Ohio community. The school is making a The top-notch care and much-needed has long been home to inventors and difference in the lives of their students, jobs in an underserved area make the innovators behind the mask and torch, helping them reach their full potential hospital special, but what makes Holy and the workers in a factory. as independent, responsible learners Family truly shine is their commit- Lou has merged her role as frontline and citizens.∑ public relations ambassador for EWI ment to bringing peace to the families f in the region. From facilitating Israeli- with her love for her family, friends, Palestinian cooperation in the medical and church. Willie Lou Rice will retire TRIBUTE TO LUCY S. GARVIN field to their care of pregnant mothers from EWI on October 31, 2010, having ∑ Mr. GRAHAM. Mr. President, I ask and babies regardless of race or reli- served her State with distinction and my colleagues to join me in recog- gion, Holy Family Hospital is a beacon honored her community with a com- nizing Lucy S. Garvin on the occasion of hope in the West Bank. mitment to all. On behalf of a grateful of her retirement as chairman of the This 20th anniversary celebration State, I congratulate her for all that board and president of the United and 50,000th baby delivered would not she has accomplished and wish her well States Tennis Association, USTA. be possible without the Holy Family in her retirement. Her legacy is clearly Lucy’s truly outstanding career in staff and volunteers from around the one of strength, loyalty, and integrity. the world of tennis directly reflects her world and for their dedication to the Congratulations, Lou. ∑ over 30-year commitment to advancing most vulnerable Palestinians. f and improving the game. She has im- Over the next 20 years, it is critical pacted tennis as a competitor, instruc- MAINE’S ‘‘BLUE RIBBON SCHOOLS’’ that the U.S. continue to partner with tor, referee, industry representative, Holy Family so the hospital can carry ∑Ms. COLLINS. Mr. President, Today I and an avid volunteer. As a rec- forward their critical vision for hope commend the James F. Doughty reational player, she won titles at all and peace. School of Bangor, ME, on being named levels between 1976 and 1990, and in 33 Congratulations and thank you for a 2010 National Blue Ribbon School. years as a certified referee, she has of- not only saving the lives of thousands This recognition of high accomplish- ficiated at countless tournaments. of babies, but touching the lives of ment was bestowed by U.S. Secretary Leading with charm, determination, countless more.∑ of Education Arne Duncan. and humility, Lucy has worked to ex- f The Blue Ribbon Schools award, cre- pand the sport of tennis at every level ated in 1982, is considered the highest around the country. On a local level, TRIBUTE TO LOU RICE honor an American school can obtain. she has been a tireless advocate of ten- ∑Mr. BROWN of Ohio. Mr. President, Schools singled out for this national nis in South Carolina and in the South- For over 25 years, the Edison Welding honor reflect the goals of our Nation’s ern Region. A former president of the

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7748 CONGRESSIONAL RECORD — SENATE September 29, 2010 USTA Southern Section and USTA TRIBUTE TO SHERYL MILLER into his first season with the Marlins, South Carolina, she was inducted into ∑ Mr. JOHNSON. Mr. President, today Lowell was diagnosed with testicular the USTA Southern Tennis Hall for I wish to recognize a public servant cancer. He missed 2 months of the 1999 Fame in 2005. Lucy has also been recog- from my home State of South Dakota. season while he underwent treatment. nized with the USTA Southern Sec- Sheryl Miller is retiring from the De- But he survived and went on to have a tion’s Jacobs Bowl Award in 1999 and partment of Housing and Urban Devel- tremendously successful career. the South Carolina President’s Award opment, HUD, after 33 years of Federal Both on and off the field Mike Lowell in 1998. The South Carolina Tennis As- service, including 32 with HUD and the has gained the respect of his fellow sociation established the Lucy Garvin last dozen years as the field director of players. With his two World Series Volunteer of the Year Award in her the South Dakota HUD office. rings, four-time All-Star participation, honor, and she was inducted into the During her years at HUD, she has al- Gold Glove, more than 220 home runs South Carolina Tennis Hall of Fame in ways displayed a steadfast awareness and nearly 1,000 RBIs, he is a player to 1998. of the housing needs of South Dako- be admired. He has also proven his leadership in the clubhouse by utilizing Lucy was elected chairman of the tans and a commitment to share and convey agency policies and informa- his bilingual background to bridge the board and president of the 730,000 mem- gap between English-speaking and ber USTA in January 2009. In doing so tion. When confronted with congressional and public inquiries, she always Spanish-speaking players. she became the first South Carolinian Many young boys dream of growing handled issues in a timely manner and and only the third woman to hold the up to play baseball in the Major networked well within the agency to position in the organization’s 129-year Leagues. Mike Lowell achieved that provide complete and concise answers history. Prior to her appointment as dream and is an inspiration for today’s to questions. By all accounts, Sheryl esident, she served one term as first youth to continue to reach for their always displayed a pleasant demeanor vice president, two consecutive terms goals. While his career as a profes- and was a true professional in her work as vice president, and one term as a di- sional ballplayer will soon come to a ethic and dedication to public service. rector at large. In addition to her re- close, Mike Lowell will always be re- Sheryl has an extensive background sponsibilities as USTA chairman and membered as one of baseball’s greatest. working with HUD programs in single president, Lucy is also the chairman of I wish him many years of happiness and multi-family housing, public hous- the U.S. Open, and represents the with his wife Bertha and his two chil- ing and community planning and devel- USTA on the Grand Slam Committee. dren, Alexis and Anthony.∑ opment. She has served in HUD posi- During her tenure as USTA president, f tennis has grown to over 30 million rec- tions in the Denver and San Francisco reational players. regional offices. She has definitely sat- 125TH ANNIVERSARY OF M. JACOB isfied the credentials earned with her & SONS On an international level, Lucy was master degree in public administration ∑Mr. LEVIN. Mr. President, small busi- elected to the board of directors of the from Drake University. International Tennis Federation, ITF, nesses are the engines of our economy. During her years of service, Sheryl They provide jobs; they provide serv- in 2009, serving as a vice president. She has witnessed many changes in public currently serves as chair of the ITF ices; and they serve as anchors that housing policies and priorities. Because help to stabilize communities across Junior Competitions Committee and a of her dedicated work, countless fami- member of the ITF Development Com- our nation. It is in this spirit that I lies in South Dakota have been helped recognize M. Jacob & Sons, a business mittee. Because of her career of dedi- immensely in obtaining or maintaining cated leadership and commitment to headquartered in Farmington Hills, MI, public housing. This has a dramatic that embodies the drive, determina- tennis, Lucy was elected to the Inter- impact on the livelihood of the indi- tion, and entrepreneurial spirit at the national Tennis Hall of Fame Board of vidual family, but also has a dramatic core of any successful enterprise. M. Directors in 2008. positive impact on the community and Jacob & Sons, which has earned a rep- Beyond being respected for her nu- State. It is my hope that Sheryl leaves utation for innovation and commit- merous leadership positions, Lucy is her HUD post knowing that she greatly ment to service, is celebrating its 125th equally admired for being a devoted impacted the lives of many people and anniversary this year. volunteer. She has tirelessly advocated there can be fewer greater rewards in a Established by Max Jacob in 1885 as a for growing the game of tennis both by public service career. one-man bottle exchange, the company focusing on younger players and I wish Sheryl all the best in her re- has developed into a packaging leader ∑ through outreach to traditionally un- tirement. with business operations spanning the derserved groups. As a result of her f globe. While their international expan- commitment and volunteerism with sion is impressive, of equal significance the QuickStart program, which focuses TRIBUTE TO MIKE LOWELL is their firm adherence to the family on bringing children to the game of ∑ Mr. LEMIEUX. Mr. President, today I tradition on which the company was tennis, four recently constructed pay tribute to one of baseball’s great founded. They have recently ushered in QuickStart tennis courts were dedi- athletes. At the end of this baseball the fifth generation of Jacob family in- cated in Lucy’s name. season, Floridian Mike Lowell will volvement. Each generation has made hang up his glove and bat and retire. Lucy’s well deserved acknowledg- important contributions to the com- From hitting a single his first time up ments and recognitions highlight the pany’s success. at bat in the Major Leagues to being M. Jacob & Sons has a robust legacy impact she has had on both the game of named Most Valuable Player of the of innovation. The company was one of tennis and its worldwide community. 2007 World Series, Lowell has proven the first businesses in the nation to de- She is an invaluable asset to the tennis his excellence and consistency on the velop a bottle recycling program. They community, and as a leader has set an field throughout his career. were also one of the first to offer plas- example for future USTA presidents to Mike Lowell began his 13-year profes- tic packaging. And, I understand they follow. She continues to live by her sional career with the New York Yan- were the first in their industry to hire personal motto, ‘‘Teamwork: One kees but soon returned to his home a female salesperson, Elaine Jacob. Team, One Goal: To Promote and De- State to play for the Florida Marlins Elaine went on to serve as an executive velop the Growth of Tennis.’’ I am con- where he was an integral part of the until her retirement in 1983. It is this fident Lucy will continue this mission. 2003 Championship team. Having grown type of forward thinking that has al- I ask that the U.S. Senate join me in up in Miami, he had the opportunity to lowed M. Jacob & Sons to thrive for celebrating Lucy Garvin’s lifelong play in front of family and friends. more than a century. dedication to both the game of tennis Later, he joined the Boston Red Sox, In addition to their pioneering busi- and to the State of South Carolina, and where he spent the rest of his career. ness accomplishments, M. Jacobs & I wish Lucy the very best in her future His time as a baseball player did not Sons also has been a generous member endeavors.∑ transpire without obstacles. Months of the greater Detroit community.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7749 Over the years, M. Jacob & Sons has Corner’’ since 1987, and he will leave I am honored today to pay tribute to contributed to a number of local char- his position after 24 years of service. Mike Sherman and wish him and his ities. Most recently, in honor of their He has dedicated his life to making loving wife Susan all the best in their 125th anniversary, the company en- Camp Woodstock a safe and fun place well-earned retirement. Mike has made dowed a $125,000 scholarship to Wayne for our kids to learn how to respect one Camp Woodstock a far better place; State University. another’s differences, become leaders and, although he may be leaving as ex- I know my colleagues join me in in their communities, and be good ecutive director, his lessons, like his commending all those who have con- stewards of our environment. stories, will live on for years to come. tributed to the success of M. Jacob & A gifted storyteller, Mike is known It is with great pride that I recognize Sons over the last 125 years.∑ for his boundless creativity and enthu- such a distinguished leader, educator, siasm. As his friends will tell you, f and outstanding citizen for his service when Mike speaks, people listen; and to Connecticut and the Nation.∑ REMEMBERING JOSEPH he has masterfully used this talent to SHAWINSKY inspire a very special culture at Camp f ∑Mr. LIEBERMAN. Mr. President, I Woodstock, embodied in its ‘‘CHoRR’’ TIMBERFEST 2010 wish to pay tribute to the extraor- values of Caring, Honesty, Respect, and ∑ Mrs. LINCOLN. Mr. President, today dinary life and service of Joseph Responsibility. A truly remarkable I congratulate the residents of Sheri- Shawinsky, a teacher, a leader in our man, Mike Sherman’s contributions to dan in my home State of Arkansas as community, and personal hero of mine. the growth and success of Camp Wood- they celebrate Timberfest, a time-hon- Mr. Shawinsky was a true American stock, along with his unwavering com- ored tradition that commemorates patriot, a valued leader and teacher in mitment to helping young people, are Sheridan and Grant County’s long- the Stamford community who touched his enduring legacy. standing involvement with the timber During his tenure, Mike has helped the lives of hundreds of students. Be- industry. As many as 12,000 visitors are transition Camp Woodstock to year- loved for his enthusiasm and wit, his expected in Sheridan during the event, round programming, reaching out to brilliant mind and big heart, Joseph which will take place Friday and Sat- community leaders throughout the Shawinsky will be missed deeply. urday, October 1–2. State and deepening ties to the YMCA I knew Joseph Shawinsky for many Timberfest began in 1984 when mem- of Greater Hartford. Camp Woodstock years and have long treasured the ex- bers of the local Chamber of Commerce now proudly hosts the Discovery Cen- ample he set in his career of devoted decided to combine the annual blue- ter, which brings together children service. As his student at Burdick Jun- grass festival and merchants’ fair into from urban and suburban schools to ior High School, Mr. Shawinsky made learn tolerance and celebrate diversity, one event. history come alive for me and my Centered on the Grant County Court- and Moderate Voices for Progress, classmates and instilled in me a deep which teaches conflict resolution skills house Square, Timberfest offers a vari- love of our country’s story. He also to young Israeli and Palestinian ety of events for the entire family, in- taught me about the importance of adults. Mike has also taken a special cluding a parade, 5K Run and 2K Walk, leadership, how much good leaders interest in helping disadvantaged horseshoe tournament, talent show, could influence human history for the youth in Hartford, championing special games, petting zoo, Dutch Oven cook- better. Mr. Shawinsky was himself a youth outreach and conflict resolution off, music, and pancake breakfast. touchstone of the greatest generation retreats throughout the year. Over the The highlight of Timberfest is the and his own great story will inspire me years, he has led volunteers in raising Arkansas State Lumberjack Champion- and others around the country for nearly $1 million in financial aid so ships. Lumberjacks from across the years to come. that less fortunate children throughout country travel to Sheridan to compete During the Second World War, Joe. the State could experience the ‘‘Wood- in the championship, where competi- Shawinsky served our country with stock spirit.’’ tors battle it out with ax and chainsaw courage and distinction as a Seabee in Mike’s most important contribution to see who is fastest at cutting wood. the 133rd Naval Construction Bat- to Camp Woodstock has been his keen I salute the entire community of talion. He was one of the first fighting ability to recognize and nurture the Sheridan and Grant County as they Americans to go ashore during the 1945 human capital that makes Camp Wood- celebrate Timberfest 2010. I commend assault on Iwo Jima, a battle in which stock so unique. Mike embraced a long them for keeping the history and herit- some of the fiercest fighting in the tradition of campers growing up to be- age of their community alive.∑ Second World War took place a battle come counselors and expanded on that f that revealed the uncommon courage concept by developing the leader-in- ARKANSAS’S BUSINESS LEADERS of Joe Shawinsky and the Americans training and counselor-in-training pro- ∑ who served alongside him. grams for young adults. Also, under Mrs. LINCOLN. Mr. President, today For decades, Joseph Shawinsky illu- Mike’s skillful leadership, Camp Wood- I recognize four Arkansas business minated the hearts and minds of his stock has boosted its recruitment of leaders who will be inducted into the students, his colleagues, and everyone international staff and has forged spe- Arkansas Business Hall of Fame early who knew him. We, his students, were cial relationships with YMCAs in Rus- next year. They are L. Dickson Flake, blessed with the opportunity to have sia and the Dominican Republic. cofounder and chairman of Colliers learned from Joseph Shawinsky, and I Amid the tranquil pines of Wood- International-Arkansas in Little Rock; believe more broadly that our State stock and the calm shores of Black Wallace Fowler, chairman and chief ex- and this nation are blessed to have peo- Pond, that have remained unchanged ecutive officer of Liberty Bank of Ar- ple like him who truly enrich our for generations, Mike has overseen the kansas and also Fowler Foods, both schools, our children, and our future. renovation and restoration of Camp based in Jonesboro; Donald Soderquist, My thoughts and prayers are with Woodstock’s facilities, including near- retired senior vice chairman of Wal- the entire Shawinsky family.∑ ly all of the cabins, bathhouses, the Mart Stores of Bentonville; and Leland f Program Lodge, and the trans- Tollett, former chairman and chief ex- formation of a beloved old barn into a ecutive of Tyson Foods of Springdale. TRIBUTE TO MICHAEL W. program space containing an arts and The Sam M. Walton College of Busi- SHERMAN crafts center, theater, and state-of-the- ness established the first ever Arkan- ∑Mr. LIEBERMAN. Mr. President, I art indoor climbing wall. Mike’s lead- sas Business Hall of Fame recognizing wish to commend and congratulate Mi- ership has enabled Camp Woodstock to Arkansans—by birth or by choice—who chael W. Sherman upon his retirement expand, as well, with the construction have been successful business leaders. as executive director of YMCA Camp of a new climbing tower, the Roskin The Arkansas Business Hall of Fame is Woodstock, located in Woodstock Val- Lodge, for youth leadership training, designed to honor, preserve and perpet- ley, CT. Mike has been humbly shaping the Lakeside Dining Hall, and, most re- uate the names and outstanding ac- the lives of countless children and cently, New Yurt City, a special living complishments of business leaders who young adults in Connecticut’s ‘‘Quiet area for older campers. have brought lasting fame to Arkansas.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7750 CONGRESSIONAL RECORD — SENATE September 29, 2010 This year’s Hall of Fame class rep- TRIBUTE TO PHIL E. MATTHEWS cialized care in emergency situations. resents the best of our State, and I am ∑ Mrs. LINCOLN. Mr. President, today Jefferson Regional Medical Center in proud to see them receive this signifi- I recognize Phil E. Matthews for his Pine Bluff was designated a Level 2 cant achievement. Not only do they ex- dedicated years of service at the Ar- center, which can provide comprehen- emplify excellence in their chosen kansas Hospital Association. His ef- sive clinical care. field, they also represent the highest forts on behalf of our State’s hospitals The new system will connect hos- standards of ethics and community are to be commended, and I thank him pitals, ambulance services and other service. I thank them for their con- for his efforts to maintain high-quality emergency responders to act as a state- tributions, along with the contribu- hospital care for the citizens of Arkan- wide triage, transporting trauma pa- tions of all business leaders in our sas. tients as quickly as possible to the fa- ∑ great State. Phil has been a part of the Arkansas cility best able to treat their specific Hospital Association, known as AHA, injuries. Furthermore, it will help ele- f since 1969 and was named president in vate Arkansas’s status nationwide in 2005. During his tenure, he has worked terms of large-scale emergency man- TRIBUTE TO BILLY AND DIANN hard to cultivate constructive relation- agement and disaster preparedness ca- SIMMONS ships with State and Federal legisla- pabilities. tors in order to achieve great results Eighty-six hospitals in Arkansas ∑ Mrs. LINCOLN. Mr. President, today could eventually become a part of the I honor Billy and Diann Simmons from for Arkansas. He has reinforced the AHA as a trusted partner for Arkansas new trauma system. Of those, 73 have my home State of Arkansas for their already begun the process by filing let- exemplary efforts to support foster hospitals and other health care providers and entities from all across the ters of intent to request designation as children in our State. I am proud to one of the four levels of centers. recognize them as my choice for this State. In recent years, the AHA has helped I commend all of Arkansas’s health year’s ‘‘Angel in Adoption’’ for Arkan- care providers for their dedicated ef- sas. They join adoption advocates from to pass laws on the State level that will enhance the health of and health forts to save lives and keep Arkansans across the Nation who have received safe, healthy and strong. With this new this prestigious recognition. care services for Arkansans, including for the development of a statewide trauma system, Arkansas has achieved The Angels in Adoption program, trauma care system, expansion of a new level of high quality care, and I sponsored by the Congressional Coali- health insurance coverage for more am pleased to see our State attain this ∑ tion on Adoption Institute, provides than 6,000 additional children through significant designation. Members of Congress the opportunity ARKids, and public health initiatives f to honor those who have made an ex- that will increase seatbelt usage and IRON COUNTY COURTHOUSE traordinary contribution on behalf of decrease tobacco use in the State. ∑ Mrs. MCCASKILL. Mr. President, I ask children in need of homes. On the Federal level, it has been my The Simmons are certainly worthy of the Senate to join me in honoring the pleasure to work closely with Phil and 150th anniversary of the completion this recognition. Diann Simmons be- the AHA to develop and pass policies to came a therapeutic foster parent in and opening of the Iron County Court- expand health insurance coverage to house in Ironton, MO. 1997 and persuaded her soon-to-be more than 400,000 Arkansans, grow the spouse to join her in this noble endeav- Chosen as the county seat in 1857, health care workforce in Arkansas, Ironton is home to the only courthouse or prior to their marriage in 1998. The modernize health care delivery and the Simmons’ have now been therapeutic in Iron County. Ironton businessmen use of health information technologies, David Carson and Hiram Tong donated foster parents for 13 years and have sig- and preserve the viability and valuable nificant experience fostering children town lots to the county, which covered role of Arkansas’s community hos- more than $10,000 of the $14,000 cost of with difficult behaviors. pitals. Together, we have fought back Despite their experiences with chil- the courthouse. on policies that might have had a nega- Architect Henry H. Wright received dren with challenging emotional and tive impact or unintended consequence $25 for his proposed design of the build- behavioral difficulties, they love chil- for Arkansas hospitals, providers, and ing. George S. Evans and William F. dren and maintain a sense of strong patients, and we have worked to ad- Mitchell earned the building contract family values. These values have re- vance policies that are best for our and used locally made red brick and sulted in the adoption of seven chil- great State. white limestone from a nearby quarry. dren, including two sibling groups of I am extremely proud of Phil’s and The original building measured 50 by 65 two. Their most recent adoption was fi- the AHA’s efforts to help Arkansas hos- feet, with 6 rooms on the first floor and nalized this year. pitals provide quality care to their pa- the courtroom on the second floor. The Because of their experience, flexi- tients, provide charity care for those in community laid the cornerstone on bility, strong family values and their need, serve refugees of gulf coast hurri- July 4, 1858, and officially opened the belief in the potential for every child, canes and other natural disasters, and courthouse in October 1860. they have been successful in changing play an active role in improving health The courthouse today serves as the the lives of numerous children. Accord- care coverage and quality in Arkansas. home of several county offices and is a ing to those who know them best, the I wish Phil all the very best in his re- national registered historic site that Simmons have developed a strong bond tirement, and to Bo Ryall, who will still bears damage from the Civil War with every child placed in their home. serve as his successor as president of and the Battle of Pilot Knob in Sep- ∑ In fact, four of their adopted children the AHA. tember 1864. were in their home as foster children f As the birthplace of Missouri’s 4–H prior to adoption. Program and a symbol of the commit- ARKANSAS’S TRAUMA CENTERS Affectionately called ‘‘Mama Diann’’ ment of the residents of Iron County to and ‘‘Daddy Billy,’’ the Simmons’ com- ∑ Mrs. LINCOLN. Mr. President, justice and service to the community, mitment, genuine concern and caring today I recognize Arkansas’s newly es- the Iron County Courthouse deserves for their foster children has endeared tablished trauma system, and I com- commemoration on this important day them to many of these children’s birth mend three facilities in the State for in its history. families, including families of their garnering the highest designations of I ask that the Senate join me in rec- own adopted children. trauma care. ognizing the 150th anniversary of the I commend both Diann and Billy for The University of Arkansas for Med- Iron County Courthouse.∑ their dedication and perseverance help- ical Sciences in Little Rock and the f ing children in need. They represent Regional Medical Center in Memphis the best of Arkansas, and I commend were selected to provide the highest TRIBUTE TO SHANNON MCDANIEL them for their work on behalf of Ar- level of trauma care under the system, ∑ Mrs. MURRAY. Mr. President, today kansas’s children.∑ which is aimed at getting patients spe- I wish to congratulate a hard-working

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7751 Washingtonian, Mr. Shannon dents either perform at a high level or with Bravo Company, Third Battalion McDaniel, on his well-deserved retire- achieve significant improvements in of the 172nd Infantry Division with the ment on October 29, 2010, after 30 years performance having come from dis- Maine National Guard. During his he- of dedicated service to Washington advantaged backgrounds. Blue Ribbon roic service in Afghanistan, Andy’s State agriculture. schools stand out among their peers as company was ambushed by insurgents. As the manager of the South Colum- examples of excellence in K–12 edu- On May 22, 2010, Bravo Company was bia Basin Irrigation District, Mr. cation. By setting high academic goals conducting convoy operations with Pri- McDaniel has overseen the provision of and enabling students to attain them, vate First Class Chic in the ‘‘gunner’’ water to 4,000 landowners and farm op- the Bath Village School and the Hollis position in the lead vehicle of a con- erators on 230,000 acres of farm and Brookline High School have opened up voy—a Mine Resistant, Ambush Pro- ranch lands in eastern Washington. a world of academic and professional tected—MRAP—vehicle. Private First Through his leadership and extensive opportunities for the next generation Class Chic’s MRAP sustained two di- knowledge of irrigated agriculture, Mr. of young people. rect hits from rocket-propelled gre- McDaniel has brought certainty to It is important that we celebrate the nades, or RPGs, and other small arms many farmers in the South Columbia efforts of teachers and administrators weapons. While he was knocked down Basin Irrigation District by closely and at schools such as the Bath Village when the first RPG hit, he resumed his responsibly managing important water School and the Hollis/Brookline High gunner position and returned fire delivery infrastructure. School and recognize the invaluable against insurgents despite continuing Mr. McDaniel has assisted me and my contribution they have made to the RPG and small arms fire against his colleagues in Congress with the draft- lives of New Hampshire’s children. I am MRAP and the convoy. The vehicle was ing and passage of legislation impor- extremely proud that the Bath Village also carrying satchels of mail and care tant to Washington State farmers. He School and the Hollis/Brookline High packages from family members in worked closely with both the State and School have each been honored with Maine, which absorbed some of the Federal Government to foster strong this prestigious award.∑ shrapnel and mitigated the injuries to working relationships with organiza- f Private First Class Chic and his fellow tions such as the Bureau of Reclama- soldiers. tion and the Bonneville Power Admin- RECOGNIZING DARLING’S AUTO Following the barbaric attack, Andy istration, as well as with numerous ∑ Ms. SNOWE. Mr. President, our Na- was taken to Walter Reed Medical Cen- water resource and industry association’s 27.5 million small businesses all ter to address his wounds and for reha- tions to ensure the highest quality of have their own unique characteristics bilitation. Knowing the concern and service to farmers and ranchers. Shan- and touching stories. Today, I rise to anxiousness any mother would have in non also served as an invaluable re- recognize the contributions of one of Susan’s situation, Darling’s Auto stood source to the Grand Coulee Project Hy- those small businesses from my home up and gave assistance to Susan. The droelectric Authority, the Columbia State of Maine—Darling’s Auto that company has provided tremendous sup- Basin Development League and the Co- not only has provided exceptional serv- port to Susan during her time of need lumbia Basin Project. ice to greater Bangor but has also in- by giving her extra time off to see The abundance of awards and honors vested its time and heart into the com- Andy and even purchasing an EZ Pass that Mr. McDaniel has received dem- munity itself. to help with Susan’s expenses when she onstrate his hard work and commit- Darling’s Auto has been ingrained in would drive all the way to Washington, ment to Washington State. He has re- Bangor since 1903, when it first began DC, to visit her son. In light of Dar- ceived many prestigious awards includ- selling cars, trucks, and bicycles. Over ling’s Auto’s understanding and assisting, the National Water Resources As- a century later, through hard work and ance, the Employer Support of the sociation President’s Award, the Wash- care for the customer, Darling’s Auto Guard and Reserve will soon be pre- ington State Water Resources Associa- has become one of Maine’s largest auto senting Darling’s Auto with its ‘‘Above tion Water Resources Leadership dealership groups, with additional lo- and Beyond Award,’’ honoring those Award and the Bonneville Power Ad- cations in Brewer, Ellsworth, and Au- who help Guard members and Reserv- ministration’s Administrator’s Excel- gusta. For over 100 years, Darling’s ists, and their families, in times of lence Award for Exceptional Public Auto has provided Mainers with the ve- need. Given the tremendous care and Service. hicles they use every day to go to compassion extended for Susan and On behalf of all Washingtonians, I work, visit their loved ones, and em- Andy’s well-being, I can think of no commend Shannon for his many years bark on new journeys. Over the years, business more deserving of this tre- of dedicated service to our State. His Darling’s has employed hundreds of mendous recognition than Darling’s. knowledge, experience, and commit- Mainers and has earned a reputation of Darling’s Auto has been a consistent ment to dependable irrigation will be excellence and integrity throughout presence in the Bangor community for sorely missed. I congratulate Shannon eastern and central Maine. over a century, and the company has and wish him the best of luck in his fu- Darling’s Auto’s rich history of per- thrived over that time because it oper- ture endeavors.∑ severance and innovation alone would ates in a manner consistent with Maine f merit distinction. Yet, today, I honor values. Darling’s has treated its cus- Darling’s Auto for an exemplary and tomers and employees with honesty, NEW HAMPSHIRE 2010 BLUE magnanimous gesture that is truly in- respect, and compassion, building a RIBBON SCHOOL AWARD WINNERS spirational. Maine is among the States legacy of trust. I am so often reminded ∑Mrs. SHAHEEN. Mr. President, today with the highest percentage of military of the empathy that Mainers dem- I wish to congratulate the Bath Village servicemembers per capita. When our onstrate, and it always reaffirms my School and the Hollis/Brookline High servicemembers are deployed, the ef- belief in the exceptional nature of our School, respectively, for being recog- fects reverberate throughout families, State and our Nation. I am proud of the nized for their commitment to quality businesses, and communities. Fortu- incredible example that Darling’s Auto education and the outstanding edu- nately, Mainers have a reputation for has set by its notable acts of kindness, cational achievements of their stu- taking care of one another in difficult and I wish the company another 100 dents. The Bath Village School and the times, and Darling’s Auto certainly has years of success in all of its endeav- Hollis/Brookline High School have been fit that mold. ors.∑ designated as 2010 National Blue Rib- One of Darling’s Auto’s valued em- f bon schools, one of the most pres- ployees, Susan Maiden, is the mother tigious honors bestowed upon our Na- of PFC Andrew ‘‘Andy’’ Chic. Susan RECOGNIZING 3RD RECON tion’s elementary, middle, and high typifies Maine’s famed work ethic and ASSOCIATION schools. independent spirit, values which she in- ∑ Mr. THUNE. Mr. President, today I Each year the Blue Ribbon Schools stilled in her son. Andy volunteered to wish to recognize the 3rd Recon Asso- Program acknowledges exceptional join the National Guard and most re- ciation. The 3rd Recon Association is a public and private schools whose stu- cently was deployed to Afghanistan nonprofit veteran’s organization made

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7752 CONGRESSIONAL RECORD — SENATE September 29, 2010 up of marines and Navy corpsmen who UNIVERSITY CORPORATION FOR I am proud to represent a State with served in the 3rd Reconnaissance Bat- ATMOSPHERIC RESEARCH such a talented and dedicated organiza- talion, in dedication to their involve- Mr. UDALL of Colorado. Mr. President, tion. They have helped make Colorado ment in the Republic of Vietnam from today I congratulate the University a leader in science and technology. 1961 through 1971. The 3rd Recon Asso- Corporation for Atmospheric Re- They have been instrumental in edu- ciation was formed to honor the broth- search—UCAR—on the 50th anniver- cating the public on the science of cli- erhood they forged in Vietnam and to sary of its founding in Boulder, CO. As mate change and informing our re- remember those who gave the ultimate the world’s premier atmospheric sponse to it. And they are helping cre- sacrifice. science hub, UCAR has been on the cut- ate and inspire the next generations of Today I not only honor the dedica- ting edge of research and innovation scientists and engineers to tackle the tion and sacrifice of these noble Ameri- for half a century. They have made in- unanswered questions of their time. cans, but also commemorate their as- valuable contributions to our knowl- Again, I offer my sincere congratula- sociation’s 2010 Reunion, to be held Oc- edge and understanding of the world’s tions to UCAR and look forward to the tober 13–17, in Lead/Deadwood, SD. atmosphere and weather and climate next 50 years of discovery.∑ ‘‘Swift, Silent, and Deadwood’’ is an systems. f event properly named after the recon- At its inception, UCAR was a consor- AMENDMENTS SUBMITTED AND naissance motto ‘‘Celer-Silens- tium of 14 universities dedicated to the PROPOSED Mortalis’’: ‘‘Swift-Silent-Deadly.’’ This simple hypothesis that university at- 4 day event will feature memorial serv- mospheric science could be more effec- SA 4673. Mr. WYDEN (for himself, Mr. DUR- ices and social events, along with com- tive through collaborative efforts. BIN, Mrs. HAGAN, Mr. KERRY, Mr. SANDERS, pany and auxiliary meetings. UCAR set about improving national co- Mr. TESTER, Mr. MERKLEY, and Mr. GOODWIN) submitted an amendment intended to be pro- I voice my most heartfelt and sincere ordination, funding, and basic support for the then burgeoning field of atmos- posed by him to the bill S. 3454, to authorize thanks to the members of the 3rd appropriations for fiscal year 2011 for mili- Recon Association for their sacrifice pheric research. tary activities of the Department of Defense, and service to our country. I would like Since then, with invaluable Federal for military construction, and for defense ac- to welcome them to the great State of support from the National Science tivities of the Department of Energy, to pre- South Dakota, and wish them the best Foundation, UCAR has grown to a con- scribe military personnel strengths for such for their 2010 reunion and in all future sortium of 75 universities, including fiscal year, and for other purposes; which endeavors.∑ the University of Colorado, Colorado was ordered to lie on the table. State University, and the University of SA 4674. Mr. INOUYE proposed an amend- f Denver. Similarly, the National Center ment to the bill H.R. 3081, making con- SOUTH DAKOTA AIR NATIONAL for Atmospheric Research, NCAR, tinuing appropriations for fiscal year 2011, and for other purposes. GUARD’S 114TH FIGHTER WING which is the research institute oper- SA 4675. Mr. LEMIEUX (for himself and Mr. ∑ Mr. THUNE. Mr. President, today I ated by UCAR, has grown from five NELSON of Florida) submitted an amendment wish to recognize the South Dakota full-time scientists to 220 Ph.D. re- intended to be proposed by him to the bill Air National Guard’s 114th Fighter searchers today. H.R. 3081, supra; which was ordered to lie on Wing. This elite group has been award- UCAR established three main goals the table. for itself in order to understand the be- SA 4676. Mr. THUNE submitted an amended the National Guard Bureau’s Maj. ment intended to be proposed to amendment Gen. Winston P. Wilson trophy, hon- havior of the atmosphere and related physical, biological and social systems. SA 4674 proposed by Mr. INOUYE to the bill oring them as the best Air National H.R. 3081, supra. Guard fighter unit in the Nation. I am These goals remain at the heart of SA 4677. Mr. DEMINT proposed an amend- proud that the 114th ‘‘Fightin’ Lobos’’ their efforts today. ment to amendment SA 4674 proposed by Mr. First, NCAR was to be an intellectual have brought this great honor back to INOUYE to the bill H.R. 3081, supra. center cultivating world-class basic SA 4678. Mr. WYDEN (for himself, Mrs. South Dakota, having also won it in science in-house and through coopera- LINCOLN, Mrs. SHAHEEN, and Mr. MERKLEY) 1981, 1983, and 2007. tive work with scientists from other submitted an amendment intended to be pro- The National Bureau’s Maj. Gen. institutions in the United States, Can- posed by him to the bill S. 3663, to promote Winston P. Wilson trophy is given to ada, and abroad. clean energy jobs and oil company account- the most outstanding unit equipped Second, UCAR was to become a plan- ability, and for other purposes; which was or- with jet fighter or reconnaissance air- dered to lie on the table. ning center where the world’s leading SA 4679. Mr. WYDEN submitted an amend- craft. The award is named for a former atmospheric science experts could chief of the National Guard Bureau ment intended to be proposed by him to the gather to discuss and determine the bill S. 3663, supra; which was ordered to lie credited with ensuring readiness of most promising strategies for under- on the table. Guard units to join regular forces on standing the major problems of atmos- SA 4680. Mr. WYDEN submitted an amend- overseas missions. pheric science. ment intended to be proposed by him to the The squadron was formed in 1946, Lastly, UCAR would provide and op- bill S. 3454, to authorize appropriations for when Joseph J. ‘‘Joe’’ Foss, a Medal of erate the research facilities needed for fiscal year 2011 for military activities of the Honor winner and Marine Ace, was ap- Department of Defense, for military con- atmospheric science when those facili- struction, and for defense activities of the pointed to form a South Dakota Air ties were too large, expensive, or com- National Guard squadron to help re- Department of Energy, to prescribe military plicated for a single university or re- personnel strengths for such fiscal year, and cruit and train flight crews. Since search institution to manage by itself. for other purposes; which was ordered to lie then, the unit has served as part of the By meeting these goals every day, on the table. Air Expeditionary Force, and actively UCAR has made itself an undeniable SA 4681. Mr. WYDEN submitted an amend- supported Operation Noble Eagle, Oper- global leader in climate science. ment intended to be proposed by him to the ations Enduring Freedom, Iraqi Free- As you drive west on U.S. Highway 36 bill S. 3813, to amend the Public Utility Reg- dom, and the global war on terrorism. near Louisville, CO, you start to climb ulatory Policies Act of 1978 to establish a In times of local crisis, the squadron Davidson Mesa. Just as you crest the Federal renewable electricity standard, and has lent its men and women to respond for other purposes; which was ordered to lie mesa, you come upon an extraordinary on the table . to blizzards, floods, fires, and tornados, scene: the foothills of the Rocky Moun- SA 4682. Mr. INOUYE proposed an amend- remaining ‘‘Proud, Prepared, and Pro- tains stretched out on the horizon be- ment to the bill H.R. 3081, making con- fessional’’ in its committed service to fore you with the city of Boulder tinuing appropriations for fiscal year 2011, state and country. below. Off to your left, perched on a and for other purposes. Today I give great thanks to the men hilltop beneath the majestic Flatirons, SA 4683. Mr. REID (for Mr. DEMINT) pro- and women of the 114th ‘‘Fightin’ is UCAR’s Mesa lab, housed in a pink posed an amendment to the resolution of Lobos’’ for being named the top fighter ratification for Treaty Doc. 110–21, Hague sandstone, I.M. Pei-designed building. Convention on the International Recovery of unit in the nation and for their out- This sight never ceases to impress. Child Support and Other Forms of Family standing service to the great State of That you are looking at the world’s Maintenance, adopted at The Hague on No- South Dakota and the United States of leading atmospheric research center is vember 23, 2007, and signed by the United America. even more astounding. States on that same date.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7753 SA 4684. Ms. CANTWELL proposed an was deployed for more than 269 days under such title is amended by adding at the end amendment to the bill H.R. 3619 , to author- the following: the following new item: ize appropriations for the Coast Guard for ‘‘(1) A contingency operation. ‘‘12323. Reserves: temporary retention on ac- fiscal year 2010, and for other purposes. ‘‘(2) A homeland defense mission (as speci- tive duty after demobilization SA 4685. Mr. DURBIN (for Mr. CORNYN) pro- fied by the Secretary of Defense for purposes following extended deployments posed an amendment to the bill S. 3774, to of this section). in contingency operations or extend the deadline for Social Services Block ‘‘(c) PAY AND ALLOWANCES.—Notwith- homeland defense missions.’’. Grant expenditures of supplemental funds standing any other provision of law, while a (b) FUNDING FOR FISCAL YEAR 2011.— appropriated following disasters occurring in member is retained on active duty under Amounts required during fiscal year 2011 for 2008. subsection (a), the member shall receive— the retention of members of reserve compo- SA 4686. Mr. DURBIN (for Ms. CANTWELL) ‘‘(1) the basic pay payable to a member of nents of the Armed Forces on active duty proposed an amendment to the bill H.R. 1061, the armed forces under section 204 of title 37 pursuant to section 12323 of title 10, United to transfer certain land to the United States in the same pay grade as the member; States Code (as added by subsection (a)), to be held in trust for the Hoh Indian Tribe, ‘‘(2) the basic allowance for subsistence shall be derived from amounts authorized to to place land into trust for the Hoh Indian payable under section 402 of title 37; and be appropriated for the Department of De- Tribe, and for other purposes. ‘‘(3) the basic allowance for housing pay- fense for that fiscal year for operation and SA 4687. Mr. DURBIN (for Mr. WHITEHOUSE) able under section 403 of title 37 for a mem- maintenance for Defense-wide activities proposed an amendment to the bill S. 2847, to ber in the same pay grade, geographic loca- (other than amounts authorized to be appro- regulate the volume of audio on commer- tion, and number of dependents as the mem- priated to that account for activities of the cials. ber. reserve components of the Armed Forces). SA 4688. Mr. DURBIN (for Mr. LAUTEN- ‘‘(d) EARLY RELEASE FROM ACTIVE DUTY.— BERG) proposed an amendment to the bill S. (1) Subject to paragraph (2), at the written SA 4674. Mr. INOUYE proposed an 685, to require new vessels for carrying oil request of a member retained on active duty amendment to the bill H.R. 3081, mak- fuel to have double hulls, and for other pur- under subsection (a), the member shall be re- ing continuing appropriations for fiscal poses. leased from active duty not later than the year 2011, and for other purposes; as SA 4689. Mr. DURBIN (for Mr. AKAKA (for end of the 14-day period commencing on the follows: himself and Mr. VOINOVICH)) proposed an date the request was received. If such 14-day Strike all after the enacting clause and in- amendment to the bill H.R. 1722, to require period would end after the end of the 45-day period specified in subsection (a), the mem- sert the following: the head of each executive agency to estab- That the following sums are hereby appro- ber shall be released from active duty not lish and implement a policy under which em- priated, out of any money in the Treasury later than the end of such 45-day period. ployees shall be authorized to telework, and not otherwise appropriated, and out of appli- for other purposes. ‘‘(2) The request of a member for early release from active duty under paragraph (1) cable corporate or other revenues, receipts, SA 4690. Mr. DURBIN (for Mr. CHAMBLISS) and funds, for the several departments, agen- proposed an amendment to the concurrent may be denied only for medical or personal safety reasons. The denial of the request cies, corporations, and other organizational resolution S. Con. Res. 52, expressing support units of Government for fiscal year 2011, and for the designation of March 20 as a National shall require the affirmative action of an officer in a grade above O–5 who is in the chain for other purposes, namely: Day of Recognition for Long-Term Care Phy- SEC. 101. Such amounts as may be nec- of command of the member. If the request is sicians. essary, at a rate for operations as provided not denied before the end of the 14-day period f in the applicable appropriations Acts for fis- applicable under paragraph (1), the request cal year 2010 and under the authority and TEXT OF AMENDMENTS shall be deemed to be approved, and the conditions provided in such Acts, for con- member shall be released from active duty as tinuing projects or activities (including the SA 4673. Mr. WYDEN (for himself, requested. Mr. DURBIN, Mrs. HAGAN, Mr. KERRY, ‘‘(e) REINTEGRATION COUNSELING AND SERV- costs of direct loans and loan guarantees) Mr. SANDERS, Mr. TESTER, Mr. ICES.—(1) The Secretary of the military de- that are not otherwise specifically provided MERKLEY, and Mr. GOODWIN) submitted partment concerned shall provide each mem- for in this Act, that were conducted in fiscal an amendment intended to be proposed ber retained on active duty under subsection year 2010, and for which appropriations, funds, or other authority were made avail- by him to the bill S. 3454, to authorize (a), while the member is so retained on active duty, counseling and services to assist able in the following appropriations Acts: appropriations for fiscal year 2011 for (1) The Agriculture, Rural Development, military activities of the Department the member in reintegrating into civilian life. Food and Drug Administration, and Related of Defense, for military construction, ‘‘(2) The counseling and services provided Agencies Appropriations Act, 2010 (Public and for defense activities of the De- members under this subsection shall include Law 111–80). partment of Energy, to prescribe mili- the following: (2) Division A of the Department of De- tary personnel strengths for such fiscal ‘‘(A) Physical and mental health evalua- fense Appropriations Act, 2010 (division A of year, and for other purposes; which was tions. Public Law 111–118). (3) The Energy and Water Development and ordered to lie on the table; as follows: ‘‘(B) Employment counseling and assistance. Related Agencies Appropriations Act, 2010 At the end of subtitle B of title V, add the ‘‘(C) Marriage and family counseling and (Public Law 111–85). following: assistance. (4) The Department of Homeland Security SEC. 526. TEMPORARY RETENTION ON ACTIVE ‘‘(D) Financial management counseling. Appropriations Act, 2010 (Public Law 111–83) DUTY AFTER DEMOBILIZATION OF ‘‘(E) Education counseling. and section 601 of the Supplemental Appro- RESERVES FOLLOWING EXTENDED ‘‘(F) Counseling and assistance on benefits priations Act, 2010 (Public Law 111–212). DEPLOYMENTS IN CONTINGENCY available to the member through the Depart- (5) The Department of the Interior, Envi- OPERATIONS OR HOMELAND DE- ronment, and Related Agencies Appropria- FENSE MISSIONS. ment of Defense and the Department of Vet- tions Act, 2010 (division A of Public Law 111– (a) TEMPORARY RETENTION ON ACTIVE erans Affairs. 88). DUTY.— ‘‘(3) The Secretary of the military depart- (6) The Legislative Branch Appropriations (1) IN GENERAL.—Chapter 1209 of title 10, ment concerned shall provide, to the extent Act, 2010 (division A of Public Law 111–68). United States Code, is amended by adding at practicable, for the participation of appro- (7) The Consolidated Appropriations Act, the end the following new section: priate family members of members retained on active duty under subsection (a) in the 2010 (Public Law 111–117). ‘‘§ 12323. Reserves: temporary retention on counseling and services provided such mem- (8) Chapter 3 of title I of the Supplemental active duty after demobilization following bers under this subsection. Appropriations Act, 2010 (Public Law 111– extended deployments in contingency oper- ‘‘(4) The counseling and services provided 212), except for appropriations under the ations or homeland defense missions to members under this subsection shall, to heading ‘‘Operation and Maintenance’’ relat- ‘‘(a) IN GENERAL.—Subject to subsection the extent practicable, be provided at Na- ing to Haiti following the earthquake of Jan- (d), a member of a reserve component of the tional Guard armories and similar facilities uary 12, 2010, or the Port of Guam: Provided, armed forces described in subsection (b) shall close the residences of such members. That the amount provided for the Depart- be retained on active duty in the armed ‘‘(5) Counseling and services provided a ment of Defense pursuant to this paragraph forces for a period of 45 days following the member under this subsection shall, to the shall not exceed a rate for operations of conclusion of the member’s demobilization extent practicable, be provided in coordina- $29,387,401,000: Provided further, That the Sec- from a deployment as described in that sub- tion with the Yellow Ribbon Reintegration retary of Defense shall allocate such amount section, and shall be authorized the use of Program of the State concerned under sec- to each appropriation account, budget activ- any accrued leave. tion 582 of the National Defense Authoriza- ity, activity group, and subactivity group, ‘‘(b) COVERED MEMBERS.—A member of a tion Act for Fiscal Year 2008 (10 U.S.C. 10101 and to each program, project, and activity reserve component of the armed forces de- note).’’. within each appropriation account, in the scribed in this subsection is any member of (2) CLERICAL AMENDMENT.—The table of same proportions as such appropriations for a reserve component of the armed forces who sections at the beginning of chapter 1209 of fiscal year 2010.

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(9) Section 102(c) of chapter 1 of title I of funding to States, foreign countries, grant- SEC. 118. The authority provided by section the Supplemental Appropriations Act, 2010 ees, or others, such high initial rates of oper- 1202 of the National Defense Authorization (Public Law 111–212) that addresses guaran- ation or complete distribution shall not be Act for Fiscal Year 2006 (Public Law 109–163), teed loans in the rural housing insurance made, and no grants shall be awarded for as most recently amended by section 1222 of fund. such programs funded by this Act that would the National Defense Authorization Act for (10) The appropriation under the heading impinge on final funding prerogatives. Fiscal Year 2010 (Public Law 111–84; 123 Stat. ‘‘Department of Commerce—United States SEC. 110. This Act shall be implemented so 2518), shall continue in effect through the Patent and Trademark Office’’ in the United that only the most limited funding action of date specified in section 106(3) of this Act. States Patent and Trademark Office Supple- that permitted in the Act shall be taken in SEC. 119. Notwithstanding subsection (b) of mental Appropriations Act, 2010 (Public Law order to provide for continuation of projects section 310 of the Supplemental Appropria- 111–224). and activities. tions Act, 2009 (Public Law 111–32; 123 Stat. SEC. 102. (a) No appropriation or funds SEC. 111. (a) For entitlements and other 1870), a claim described in that subsection made available or authority granted pursu- mandatory payments whose budget author- that is submitted before the date specified in ant to section 101 for the Department of De- ity was provided in appropriations Acts for section 106(3) of this Act shall be treated as fense shall be used for (1) the new production fiscal year 2010, and for activities under the a claim for which payment may be made of items not funded for production in fiscal Food and Nutrition Act of 2008, activities under such section 310. year 2010 or prior years; (2) the increase in shall be continued at the rate to maintain SEC. 120. (a) RESCISSION.—The unobligated production rates above those sustained with program levels under current law, under the balance of authority provided for investiga- fiscal year 2010 funds; or (3) the initiation, authority and conditions provided in the ap- tions under the heading ‘‘Department of De- resumption, or continuation of any project, plicable appropriations Act for fiscal year fense—Civil, Department of the Army, Corps activity, operation, or organization (defined 2010, to be continued through the date speci- of Engineers—Civil, Investigations’’, in chap- as any project, subproject, activity, budget fied in section 106(3). ter 4 of title I of the Supplemental Appro- (b) Notwithstanding section 106, obliga- activity, program element, and subprogram priations Act, 2010 (Public Law 111–212; 124 tions for mandatory payments due on or within a program element, and for any in- Stat. 2312) is rescinded as of the date of en- about the first day of any month that begins vestment items defined as a P–1 line item in actment of this Act. after October 2010 but not later than 30 days a budget activity within an appropriation ac- (b) APPROPRIATION.—Notwithstanding any after the date specified in section 106(3) may count and an R–1 line item that includes a other provision in this Act— continue to be made, and funds shall be program element and subprogram element (1) there is appropriated to the Department available for such payments. within an appropriation account) for which of the Army, Corps of Engineers, an amount SEC. 112. Amounts made available under appropriations, funds, or other authority equal to the unobligated balance rescinded section 101 for civilian personnel compensa- by subsection (a), to remain available until were not available during fiscal year 2010. tion and benefits in each department and expended, for investigations; (b) No appropriation or funds made avail- agency may be apportioned up to the rate for (2) that such amount be available on the able or authority granted pursuant to sec- operations necessary to avoid furloughs date of enactment of this Act; and tion 101 for the Department of Defense shall within such department or agency, con- (3) the amount is designated as an emer- be used to initiate multi-year procurements sistent with the applicable appropriations gency requirement and necessary to meet utilizing advance procurement funding for Act for fiscal year 2010, except that such au- emergency needs pursuant to sections 403(a) economic order quantity procurement unless thority provided under this section shall not and 423(b) of S. Con. Res. 13 (111th Congress), specifically appropriated later. be used until after the department or agency the concurrent resolution on the budget for SEC. 103. Appropriations made by section has taken all necessary actions to reduce or fiscal year 2010. 101 shall be available to the extent and in the defer non-personnel-related administrative SEC. 121. (a) RESCISSION.—The unobligated manner that would be provided by the perti- expenses. balance of authority provided for in section nent appropriations Act. SEC. 113. Funds appropriated by this Act SEC. 104. Except as otherwise provided in may be obligated and expended notwith- 401 of chapter 4 of title I of the Supplemental section 102, no appropriation or funds made standing section 10 of Public Law 91–672 (22 Appropriations Act, 2010 (Public Law 111–212; available or authority granted pursuant to U.S.C. 2412), section 15 of the State Depart- 124 Stat. 2313) for drought emergency assist- section 101 shall be used to initiate or re- ment Basic Authorities Act of 1956 (22 U.S.C. ance is rescinded as of the date of enactment sume any project or activity for which ap- 2680), section 313 of the Foreign Relations of this Act. (b) APPROPRIATION.—Notwithstanding any propriations, funds, or other authority were Authorization Act, Fiscal Years 1994 and 1995 other provision in this Act— not available during fiscal year 2010. (22 U.S.C. 6212), and section 504(a)(1) of the SEC. 105. Appropriations made and author- National Security Act of 1947 (50 U.S.C. (1) there is appropriated to the Bureau of ity granted pursuant to this Act shall cover 414(a)(1)). Reclamation, an amount equal to the unobli- all obligations or expenditures incurred for SEC. 114. The following amounts are des- gated balance rescinded by subsection (a), to any project or activity during the period for ignated as an emergency requirement and remain available until expended, for drought which funds or authority for such project or necessary to meet emergency needs pursuant emergency assistance: Provided, That finan- activity are available under this Act. to sections 403(a) and 423(b) of S. Con. Res. 13 cial assistance may be provided under the SEC. 106. Unless otherwise provided for in (111th Congress), the concurrent resolution Reclamation States Emergency Drought Re- this Act or in the applicable appropriations on the budget for fiscal year 2010: lief Act of 1991 (43 U.S.C. 2201 et seq.) and any Act for fiscal year 2011, appropriations and (1) Amounts incorporated by reference in other applicable Federal law (including regu- funds made available and authority granted this Act that were previously designated as lations) for the optimization and conserva- pursuant to this Act shall be available until available for overseas deployments and other tion of project water supplies to assist whichever of the following first occurs: (1) activities pursuant to such concurrent reso- drought-plagued areas of the West; the enactment into law of an appropriation lution. (2) that such amount be available on the for any project or activity provided for in (2) Amounts made available pursuant to date of enactment of this Act; and this Act; (2) the enactment into law of the paragraph (8) of section 101 of this Act. (3) the amount is designated as an emer- applicable appropriations Act for fiscal year SEC. 115. Notwithstanding any other provi- gency requirement and necessary to meet 2011 without any provision for such project sion of this Act, funds appropriated under emergency needs pursuant to sections 403(a) or activity; or (3) December 3, 2010. the heading ‘‘Food for Peace Title II Grants’’ and 423(b) of S. Con. Res. 13 (111th Congress), SEC. 107. Expenditures made pursuant to in chapter 1 of title I of the Supplemental the concurrent resolution on the budget for this Act shall be charged to the applicable Appropriations Act, 2010 (Public Law 111–212) fiscal year 2010. appropriation, fund, or authorization when- may be used to reimburse obligations in- SEC. 122. Notwithstanding section 101, ever a bill in which such applicable appro- curred for the purposes provided therein amoutns are provided for ‘‘Department of priation, fund, or authorization is contained prior to the enactment of such Act. Energy—Weapons Activities’’ at a rate for is enacted into law. SEC. 116. The authority provided by section operations of $7,008,835,000. SEC. 108. Appropriations made and funds 18(h)(5) of the Richard B. Russell National SEC. 123. Notwithstanding any other provi- made available by or authority granted pur- School Lunch Act (42 U.S.C. 1769(h)(5)) shall sion of this Act, except section 106, the Dis- suant to this Act may be used without re- continue in effect through the earlier of the trict of Columbia may expend local funds for gard to the time limitations for submission date of enactment of an authorization Act programs and activities under the heading and approval of apportionments set forth in related to the Richard B. Russell National ‘‘District of Columbia Funds’’ for such pro- section 1513 of title 31, United States Code, School Lunch Act or the date specified in grams and activities under title IV of S. 3677 but nothing in this Act may be construed to section 106(3) of this Act. (111th Congress), as reported by the Com- waive any other provision of law governing SEC. 117. Notwithstanding section 101, mittee on Appropriations of the Senate, at the apportionment of funds. amounts are provided for ‘‘Department of the rate set forth under ‘‘District of Colum- SEC. 109. Notwithstanding any other provi- Commerce—Bureau of the Census—Periodic bia Funds’’ as included in the Fiscal Year sion of this Act, except section 106, for those Censuses and Programs’’, for necessary ex- 2011 Budget Request Act (D.C. Act 18–448), as programs that would otherwise have high penses to collect and publish statistics for modified as of the date of the enactment of initial rates of operation or complete dis- periodic censuses and programs provided for this Act. tribution of appropriations at the beginning by law, at a rate for operations of SEC. 124. Section 550(b) of Public Law 109– of fiscal year 2011 because of distributions of $964,315,000. 295, as amended by section 550 of Public Law

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111–83, shall be applied by substituting the (2) CONTINGENCY FUND.— SEC. 138. (a) Notwithstanding section 101, date specified in section 106(3) of this Act for (A) DEPOSIT INTO FUND.—Section 403(b)(2) of amounts are provided for ‘‘International Se- ‘‘October 4, 2010’’. such Act (42 U.S.C. 603(b)(2)) is amended— curity Assistance—Funds Appropriated to SEC. 125. Section 203(m) of the Robert T. (i) by striking ‘‘fiscal years 1997’’ and all the President—Pakistan Counterinsurgency Stafford Disaster Relief and Emergency As- that follows through ‘‘2003’’ and inserting Capability Fund’’ at a rate for operations of sistance Act (42 U.S.C. 5133(m)) shall be ap- ‘‘fiscal years 2011 and 2012’’; and $700,000,000. plied by substituting the date specified in (ii) by striking ‘‘$2,000,000,000’’ and insert- (b) Amounts provided by subsection (a) section 106(3) of this Act for ‘‘September 30, ing ‘‘, in the case of fiscal year 2011, shall be available to the Secretary of State 2010’’. $506,000,000 and in the case of fiscal year 2012, under the terms and conditions provided for SEC. 126. Any funds made available pursu- $612,000,000’’. this Fund in Public Law 111–32 and Public ant to section 101 for the Federal Air Mar- (B) CONFORMING AMENDMENT.—Section Law 111–212 through the date specified in sec- shals may be obligated at a rate for oper- 403(b)(3)(C)(ii) of such Act (42 U.S.C. tion 106(3) of this Act. ations not exceeding that necessary to sus- 603(b)(3)(C)(ii)) is amended by striking ‘‘fiscal SEC. 139. Section 1(b)(2) of the Passport Act tain domestic and international flight cov- years 1997 through 2010 shall not exceed the of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be erage at the same level as the final quarter total amount appropriated pursuant to para- applied by substituting the date specified in of fiscal year 2010. graph (2)’’ and inserting ‘‘fiscal year 2011 and section 106(3) of this Act for ‘‘September 30, SEC. 127. Any funds made available pursu- 2012, respectively, shall not exceed the total 2010’’. ant to section 101 for U.S. Customs and Bor- amount appropriated pursuant to paragraph SEC. 140. (a) Section 1115(d) of Public Law der Protection may be obligated at a rate for (2) for each such fiscal year’’. 111–32 shall be applied by substituting the operations not exceeding that necessary to (3) MAINTENANCE OF EFFORT.—Section date specified in section 106(3) of this Act for sustain the numbers of personnel in place in 409(a)(7) of such Act (42 U.S.C. 609(a)(7)) is ‘‘October 1, 2010’’. the final quarter of fiscal year 2010. The amended— (b) Section 824(g) of the Foreign Service Commissioner of U.S. Customs and Border (A) in subparagraph (A), by striking ‘‘or Act of 1980 (22 U.S.C. 4064(g)) shall be applied Protection shall notify the Committees on 2011’’ and inserting ‘‘2011, or 2012’’; and by substituting the date specified in section Appropriations of the House of Representa- (B) in subparagraph (B)(ii), by striking 106(3) of this Act for ‘‘October 1, 2010’’ in tives and the Senate on each use of the au- ‘‘2010’’ and inserting ‘‘2011’’. paragraph (2). thority provided in this section. SEC. 132. Activities authorized by section (c) Section 61(a) of the State Department SEC. 128. Notwithstanding section 101, 429 of the Social Security Act shall continue Basic Authorities Act of 1956 (22 U.S.C. amounts are provided for ‘‘Department of through September 30, 2011, in the manner 2733(a)) shall be applied by substituting the the Interior—Minerals Management Serv- authorized for fiscal year 2010, and out of any date specified in section 106(3) of this Act for ice—Royalty and Offshore Minerals Manage- money in the Treasury of the United States ‘‘October 1, 2010’’ in paragraph (2). ment’’ at a rate for operations of $365,000,000: not otherwise appropriated, there are hereby (d) Section 625(j)(1) of the Foreign Assist- Provided, That amounts provided herein from appropriated such sums as may be necessary ance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be the general fund shall be reduced in an for such purpose. Grants and payments may applied by substituting the date specified in amount not to exceed $154,890,000, as receipts be made pursuant to this authority on a section 106(3) of this Act for ‘‘October 1, 2010’’ from increases to rates in effect on August 5, quarterly basis through fiscal year 2011 at in subparagraph (B). 1993, and from cost recovery fees are re- the level provided for such activities for the SEC. 141. The authority provided by section ceived: Provided further, That of the prior- corresponding quarter of fiscal year 2010. 1334 of the Foreign Affairs Reform and Re- year unobligated balances available for ‘‘De- SEC. 133. Effective October 1, 2010, subpart structuring Act of 1998 (22 U.S.C. 6553) shall partment of the Interior—Minerals Manage- 2 of part B of title IV of the Social Security remain in effect through the date specified ment Service—Royalty and Offshore Min- Act is amended— in section 106(3) of this Act. erals Management’’, $25,000,000 are rescinded. (1) in section 436 (42 U.S.C. 629f)— SEC. 142. Commitments to guarantee loans SEC. 129. Section 2(e)(1)(B) of Public Law (A) in subsection (a)— incurred under the General and Special Risk 109–129 shall be applied by substituting the (i) by striking ‘‘2011’’ and inserting ‘‘2010’’; Insurance Funds, as authorized by sections date specified in section 106(3) of this Act for and 238 and 519 of the National Housing Act (12 ‘‘September 30, 2010’’. (ii) by inserting before the period the fol- U.S.C. 1715z–3 and 1735c), shall not exceed a SEC. 130. From funds transferred to ‘‘De- lowing: ‘‘, and $365,000,000 for fiscal year rate for operations of $20,000,000,000: Provided, partment of Health and Human Services—Of- 2011’’; and That total loan principal, any part of which fice of the Secretary—Public Health and So- (B) by striking ‘‘$10,000,000’’ in subsection is to be guaranteed, may be apportioned cial Services Emergency Fund’’ by Public (b)(2) and inserting ‘‘$30,000,000’’; and through the date specified in section 106(3) of Law 111–117 in the fourth paragraph under (2) in section 438 (42 U.S.C. 629h)— this Act, at $80,000,000 multiplied by the such heading, amounts shall be available (A) by striking ‘‘2010’’ in subsection number of days covered by this Act. through the date specified in section 106(3) of (c)(2)(A) and inserting ‘‘2011’’; and SEC. 143. The provisions of title II of the this Act to support advanced research and (B) by adding at the end of subsection (e) McKinney-Vento Homeless Assistance Act development pursuant to section 319L of the the following flush sentence: ‘‘For fiscal year (42 U.S.C. 11311 et seq.) shall continue in ef- Public Health Service Act, at a rate for oper- 2011, out of the amount reserved pursuant to fect, notwithstanding section 209 of such ations of $305,000,000. section 436(b)(2) for such fiscal year, there Act, through the earlier of: (1) the date spec- SEC. 131. (a) EXTENSION OF THE TEMPORARY are available $10,000,000 for grants referred to ified in section 106(3) of this Act; or (2) the ASSISTANCE FOR NEEDY FAMILIES PROGRAM.— in subsection (b)(2)(B), and $10,000,000 for date of the enactment into law of an author- Activities authorized by part A of title IV grants referred to in subsection (b)(2)(C).’’. ization Act relating to the McKinney-Vento and section 1108(b) of the Social Security Act SEC. 134. Notwithstanding any other provi- Homeless Assistance Act. (other than the Emergency Contingency sion of this Act, for payment in equal shares SEC. 144. Notwithstanding any other provi- Fund for State Temporary Assistance for to the children and grandchildren of Robert sion of law or of this Act, for mortgages for Needy Families Programs established under C. Byrd, $193,400 is appropriated. which the mortgagee issues credit approval subsection (c) of section 403 of such Act) SEC. 135. Notwithstanding section 101, for the borrower during fiscal year 2011, the shall continue through the date specified in amounts are provided for deposit into ‘‘De- second sentence of section 255(g) of the Na- section 106(3) of this Act in the manner au- partment of Defense Base Closure Account tional Housing Act (12 U.S.C. 1715z–20(g)) thorized for fiscal year 2010, subject to the 2005’’ at a rate for operations of $2,354,285,000. shall be considered to require that in no case amendments made by subsection (b) of this SEC. 136. Notwithstanding section 101, may the benefits of insurance under such section, and out of any money in the Treas- amounts are provided for ‘‘Department of section 255 exceed 150 percent of the max- ury of the United States not otherwise ap- State—Administration of Foreign Affairs— imum dollar amount in effect under the propriated, there are hereby appropriated Diplomatic and Consular Programs’’ at a sixth sentence of section 305(a)(2) of the Fed- such sums as may be necessary for such pur- rate for operations of $8,601,000,000. eral Home Loan Mortgage Corporation Act pose. Grants and payments may be made SEC. 137. Notwithstanding section 101, (12 U.S.C. 1454(a)(2)). pursuant to this authority through the appli- amounts are provided for ‘‘International Se- SEC. 145. (a) LOAN LIMIT FLOOR BASED ON cable portion of the first quarter of fiscal curity Assistance—Funds Appropriated to 2008 LEVELS.—For mortgages for which the year 2011 at the pro rata portion of the level the President—Foreign Military Financing mortgagee issues credit approval for the bor- provided for such activities through the first Program’’ at a rate for operations of rower during fiscal year 2011, if the dollar quarter of fiscal year 2010. $5,160,000,000, of which not less than amount limitation on the principal obliga- (b) CONFORMING AMENDMENTS.— $2,775,000,000 shall be available for grants tion of a mortgage determined under section (1) SUPPLEMENTAL GRANTS FOR POPULATION only for Israel, not less than $1,300,000,000 203(b)(2) of the National Housing Act (12 INCREASES.—Section 403(a)(3)(H)(ii) of the So- shall be available for grants only for Egypt, U.S.C. 1709(b)(2)) for any size residence for cial Security Act (42 U.S.C. 603(a)(3)(H)(ii)) is and not less than $300,000,000 shall be avail- any area is less than such dollar amount lim- amended to read as follows: able for assistance for Jordan: Provided, That itation that was in effect for such size resi- ‘‘(ii) subparagraph (G) shall be applied as if the dollar amount in the fourth proviso dence for such area for 2008 pursuant to sec- ‘the date specified in section 106(3) of the under such heading in title IV of division F tion 202 of the Economic Stimulus Act of Continuing Appropriations Act, 2011’ were of Public Law 111–117 shall be deemed to be 2008 (Public Law 110–185; 122 Stat. 620), not- substituted for ‘fiscal year 2001’; and’’. $729,825,000. withstanding any other provision of law or of

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7756 CONGRESSIONAL RECORD — SENATE September 29, 2010 this Act, the maximum dollar amount limi- by him to the bill H.R. 3081, making not otherwise specifically provided for in tation on the principal obligation of a mort- continuing appropriations for fiscal this Act, that were conducted in fiscal year gage for such size residence for such area for year 2011, and for other purposes; which 2010, and for which appropriations, funds, or purposes of such section 203(b)(2) shall be was ordered to lie on the table; as fol- other authority were made available in the considered (except for purposes of section following appropriations Acts: 255(g) of such Act (12 U.S.C. 1715z–20(g))) to lows: (1) The Agriculture, Rural Development, be such dollar amount limitation in effect At the appropriate place, insert the fol- Food and Drug Administration, and Related for such size residence for such area for 2008. lowing: Agencies Appropriations Act, 2010 (Public (b) DISCRETIONARY AUTHORITY FOR SUB- WATER QUALITY STANDARDS FOR THE STATE OF Law 111–80). AREAS.—Notwithstanding any other provi- FLORIDA’S LAKES AND FLOWING WATERS (2) The Energy and Water Development and sion of law or of this Act, if the Secretary of SEC. lll. None of the funds appropriated Related Agencies Appropriations Act, 2010 Housing and Urban Development determines, or otherwise made available by this Act or (Public Law 111–85). for any geographic area that is smaller than any other provision of law may be used to fi- (3) The Department of the Interior, Envi- an area for which dollar amount limitations nalize, promulgate, implement, administer, ronment, and Related Agencies Appropria- on the principal obligation of a mortgage are or enforce any final rule or requirement tions Act, 2010 (division A of Public Law 111– determined under section 203(b)(2) of the Na- based on the proposed rule entitled ‘‘Water 88). tional Housing Act, that a higher such max- Quality Standards for the State of Florida’s (4) The Legislative Branch Appropriations imum dollar amount limitation is warranted Lakes and Flowing Waters’’ (75 Fed. Reg. Act, 2010 (division A of Public Law 111–68). for any particular size or sizes of residences 4174, January 26, 2010). (5) The Consolidated Appropriations Act, in such sub-area by higher median home 2010 (Public Law 111–117), except for division prices in such sub-area, the Secretary may, SA 4676. Mr. THUNE submitted an E. for mortgages for which the mortgagee amendment intended to be proposed to issues credit approval for the borrower dur- SA 4677. Mr. DEMINT proposed an ing fiscal year 2011, increase the maximum amendment SA 4674 proposed by Mr. amendment to amendment SA 4674 pro- INOUYE to the bill H.R. 3081, making dollar amount limitation for such size or posed by Mr. INOUYE to the bill H.R. sizes of residences for such sub-area that is continuing appropriations for fiscal 3081, making continuing appropriations otherwise in effect (including pursuant to year 2011, and for other purposes; as for fiscal year 2011, and for other pur- subsection (a) of this section), but in no case follows: to an amount that exceeds the amount speci- poses; as follows: Strike section 101 and insert the following: Section 106(3) of the bill is amended by fied in section 202(a)(2) of the Economic SEC. 101. (a) Such amounts as may be nec- Stimulus Act of 2008. striking ‘‘December 3, 2010’’ and inserting essary, at a rate for operations as provided ‘‘February 4, 2011’’. SEC. 146. (a) LOAN LIMIT FLOOR BASED ON in the applicable appropriations Acts for fis- 2008 LEVELS.—For mortgages originated dur- cal year 2010 and under the authority and ing fiscal year 2011, if the limitation on the SA 4678. Mr. WYDEN (for himself, conditions provided in such Acts, for con- Mrs. LINCOLN, Mrs. SHAHEEN, and Mr. maximum original principal obligation of a tinuing projects or activities (including the MERKLEY) submitted an amendment in- mortgage that may be purchased by the Fed- costs of direct loans and loan guarantees) eral National Mortgage Association or the that are not otherwise specifically provided tended to be proposed by him to the Federal Home Loan Mortgage Corporation for in this Act, that were conducted in fiscal bill S. 3663, to promote clean energy determined under section 302(b)(2) of the year 2010, and for which appropriations, jobs and oil company accountability, Federal National Mortgage Association funds, or other authority were made avail- and for other purposes; which was or- Charter Act (12 U.S.C. 1717(b)(2)) or section able in the following appropriations Acts: dered to lie on the table; as follows: 305(a)(2) of the Federal Home Loan Mortgage (1) Division A of the Department of De- Corporation Act (12 U.S.C. 1754(a)(2)) respec- On page 345, line 7, strike ‘‘or’’. fense Appropriations Act, 2010 (division A of On page 345, line 17, strike the period and tively, for any size residence for any area is Public Law 111–118) less than such maximum original principal insert ‘‘; or’’. (2) The Department of Homeland Security On page 345, between lines 17 and 18, insert obligation limitation that was in effect for Appropriations Act, 2010 (Public Law 111–83) the following: such size residence for such area for 2008 pur- and section 601 of the Supplemental Appro- (C) the use of software or databases, ap- suant to section 201 of the Economic Stim- priations Act, 2010 (Public Law 111–212). proved by the Secretary, that analyze, inte- ulus Act of 2008 (Public Law 110–185; 122 Stat. (3) The Military Construction and Veterans grate, or optimize the installed energy per- 619), notwithstanding any other provision of Affairs and Related Agencies Appropriations formance of building materials and products, law or of this Act, the limitation on the Act, 2010, division E of the Consolidated Ap- such as energy efficient wood products, used maximum original principal obligation of a propriations Act, 2010 (Public Law 111–117). in the retrofit. mortgage for such Association and Corpora- (4) Chapter 3 of title I of the Supplemental tion for such size residence for such area Appropriations Act, 2010 (Public Law 111– SA 4679. Mr. WYDEN submitted an shall be such maximum limitation in effect 212), except for appropriations under the amendment intended to be proposed by for such size residence for such area for 2008. heading ‘‘Operation and Maintenance’’ relat- (b) DISCRETIONARY AUTHORITY FOR SUB- him to the bill S. 3663, to promote ing to Haiti following the earthquake of Jan- clean energy jobs and oil company ac- AREAS.—Notwithstanding any other provi- uary 12, 2010, or the Port of Guam: Provided, sion of law or of this Act, if the Director of That the amount provided for the Depart- countability, and for other purposes; the Federal Housing Finance Agency deter- ment of Defense pursuant to this paragraph which was ordered to lie on the table; mines, for any geographic area that is small- shall not exceed a rate for operations of as follows: er than an area for which limitations on the $29,387,401,000: Provided further, That the Sec- On page 308, between lines 22 and 23, add maximum original principal obligation of a retary of Defense shall allocate such amount the following: mortgage are determined for the Federal Na- to each appropriation account, budget activ- (13) HOME AREA NETWORK.—The term tional Mortgage Association or the Federal ity, activity group, and subactivity group, ‘‘home area network’’ means a wireless or Home Loan Mortgage Corporation, that a and to each program, project, and activity wired network that connects a home energy higher such maximum original principal ob- within each appropriation account, in the management system to— ligation limitation is warranted for any par- same proportions as such appropriations for (A) smart meters and various smart energy ticular size or sizes of residences in such sub- fiscal year 2010. devices; and area by higher median home prices in such (5) Section 102(c) of chapter 1 of title I of (B) devices that enable simultaneous net- sub-area, the Director may, for mortgages the Supplemental Appropriations Act, 2010 working of multiple sensors and embedded originated during fiscal year 2011, increase (Public Law 111–212) that addresses guaran- computing devices that monitor and adjust the maximum original principal obligation teed loans in the rural housing insurance energy use. limitation for such size or sizes of residences fund. (14) HOME ENERGY MANAGEMENT SYSTEM.— for such sub-area that is otherwise in effect (6) The appropriation under the heading The term ‘‘home energy management sys- (including pursuant to subsection (a) of this ‘‘Department of Commerce—United States tem’’ means a system that— section) for such Association and Corpora- Patent and Trademark Office’’ in the United (A) is installed in a home by an accredited tion, but in no case to an amount that ex- States Patent and Trademark Office Supple- contractor that meets the minimum applica- ceeds the amount specified in the matter fol- mental Appropriations Act, 2010 (Public Law ble requirements established under section lowing the comma in section 201(a)(l)(B) of 111–224). 3004; the Economic Stimulus Act of 2008. (b) Such amounts as may be necessary, at (B) uses a combination of in-home display This Act may be cited as the ‘‘Continuing a rate for operations 5 percent less than the and computing devices, computer software, Appropriations Act, 2011’’. applicable appropriations Acts for fiscal year control equipment, sensors, and instrumen- 2010 and under the authority and conditions tation to monitor or submeter and manage SA 4675. Mr. LEMIEUX (for himself provided in such Acts, for continuing the energy use of a home by automating the and Mr. NELSON of Florida) submitted projects or activities (including the costs of control of programmable communicating an amendment intended to be proposed direct loans and loan guarantees) that are thermostats to control—

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7757 (i) the ventilation, cooling, and heating of SEC. 10ll. COORDINATION AND EXPEDITED AP- tional Environmental Policy Act of 1969 (42 a home; PROVAL OF RENEWABLE ENERGY U.S.C. 4321 et seq.). (ii) load control devices that control water FACILITY SITING. (2) EXCEPTION.—Notwithstanding para- heaters, pool pumps, and other plug loads; (a) ESTABLISHMENT.—There shall be estab- graph (1), if the environmental impact of a (iii) lighting; or lished, within the Executive Office of the proposed facility is subject to an environ- (iv) smart appliances, such as washers, dry- President, the position of Director of Renew- mental impact statement or similar analysis ers, and refrigerators; and able Energy Facility Siting (referred to in required under the National Environmental (C) provides reporting of information to this section as the ‘‘Director’’), to be ap- Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the owner or occupant of a home to enable pointed by the President by and with the ad- an agency described in subsection (c), a final refinement of energy usage. vice and consent of the Senate. decision by the Director shall not be consid- (b) DUTIES.—The Director shall— On page 308, line 23, strike ‘‘(13)’’ and insert ered a separate agency action subject to that (1) coordinate and expedite the review by ‘‘(15)’’. Act. Federal agencies of projects involving the On page 309, line 1, strike ‘‘(14)’’ and insert (h) IMPROVEMENT OF AGENCY POLICIES AND siting of renewable energy projects in cases ‘‘(16)’’. FUNCTIONS.—For the purpose of more effec- in which the review is otherwise required by On page 309, line 5, strike ‘‘(15)’’ and insert tive siting of renewable energy facilities, the law; ‘‘(17)’’. Director shall evaluate the objectives and (2) resolve siting conflicts, including On page 309, line 9, strike ‘‘(16)’’ and insert procedures used by agencies described in sub- through the development of mitigation ‘‘(18)’’. section (c) for the purpose of making rec- measures; and ommendations to the President to improve On page 309, line 13, strike ‘‘(17)’’ and insert (3) issue final executive branch approval or ‘‘(19)’’. agency coordination and approval of the fa- disapproval for the projects in accordance cilities. On page 309, line 18, strike ‘‘(18)’’ and insert with subsection (e). (i) RELATIONSHIP TO OTHER REQUIRE- ‘‘(20)’’. (c) AGENCY PROCEDURES.— MENTS.—Nothing in this section affects the On page 309, line 22, strike ‘‘(19)’’ and insert (1) IN GENERAL.—Not later than 45 days obligations of any agency to comply with ‘‘(21)’’. after the date of enactment of this Act, the any other provision of law. On page 310, line 5, strike ‘‘(20)’’ and insert Director, in coordination with Director of ‘‘(22)’’. the Office of Management and Budget, shall SEC. 10ll. AIR NAVIGATION REVIEW OF WIND On page 310, line 22, strike ‘‘(21)’’ and insert establish— TURBINES. ‘‘(23)’’. (A) procedures under which each Federal Section 44718 of title 49, United States On page 311, line 1, strike ‘‘(22)’’ and insert agency with a responsibility or interest Code, is amended by adding at the end the ‘‘(24)’’. under law in projects involving the siting of following: On page 311, line 4, strike ‘‘(23)’’ and insert renewable energy facilities within the ‘‘(e) WIND ENERGY TURBINES AND STUDIES.— ‘‘(25)’’. United States to notify the Director of those In carrying out this section related to con- On page 311, line 9, strike ‘‘(24)’’ and insert responsibilities or interests; and struction of a wind energy turbine and con- ‘‘(26)’’. (B) procedures for the coordination of any ducting any associated aeronautical study, On page 311, line 11, strike ‘‘(25)’’ and insert required assessment or review of proposed the Secretary shall— ‘‘(27)’’. projects. ‘‘(1) require any entity proposing to con- On page 311, line 15, strike ‘‘(26)’’ and insert (2) RESPONSIBILITIES AND INTERESTS.—For struct a turbine or group of turbines to no- ‘‘(28)’’. purposes of paragraph (1), responsibilities tify the Federal Aviation Administration not On page 312, line 1, strike ‘‘(27)’’ and insert and interests shall include impacts on na- later than 30 days after the date the entity ‘‘(29)’’. tional security, energy security, public files for approval to construct the project On page 312, line 16, strike ‘‘(28)’’ and insert health and safety, and the environment. with the applicable local, State, or Federal ‘‘(30)’’. (3) PUBLICATION.—As soon as practicable siting authority; On page 312, line 20, strike ‘‘(29)’’ and insert after notification by affected agencies under ‘‘(2) afford the entity an opportunity to file ‘‘(31)’’. paragraph (1), the Director shall publish in project plans, locations, descriptions, miti- On page 335, between lines 5 and 6, insert the Federal Register a list of the affected gation measures, or other information that the following: agencies and the responsibilities and inter- will assist the Secretary in the review and (17) The purchase and installation of a ests of each affected agency. mitigation of any impacts to the maximum home energy management system or home (d) NOTIFICATION PROCEDURES.—Not later extent practicable; and area network monitoring system for— than 90 days after the date of enactment of ‘‘(3) notify the Secretary of Defense not (A) a home that has an analog pneumatic this Act, the Director shall establish proce- later than 30 days after the receipt by the or electronic energy control system; or dures that require the sponsors of renewable Administration of a proposal received pursu- (B) a home that does not have a energy energy projects requiring review by a Fed- ant to paragraph (1) and coordinate receipt control system. eral agency to notify the Director of, with of any comments, or recommendations for On page 335, line 7, strike ‘‘(16)’’ and insert respect to each such proposed project— mitigation measures pertaining to the pro- ‘‘(17)’’. (1) the location; posal, by the Secretary of Defense as soon as On page 338, between lines 6 and 7, insert (2) the energy technology to be used; practicable but not later than 30 days fol- the following: (3) the energy output of the project; and lowing an approval to construct pursuant to paragraph (1).’’. (5) HOME ENERGY MANAGEMENT SYSTEMS (4) the schedule for project development. AND HOME AREA NETWORK MONITORING SYS- (e) REVIEW AND APPROVAL PROCESS.— TEMS.—Except as provided in paragraph (4), (1) IN GENERAL.—The Director shall ensure SA 4681. Mr. WYDEN submitted an the total amount of a rebate provided to the that each Federal agency with responsibility amendment intended to be proposed by owner of a home or a designee for the pur- to assess any aspect of a proposed facility him to the bill S. 3813, to amend the chase and installation of a home energy under this section— Public Utility Regulatory Policies Act management system or home area network (A) completes the review of the project in of 1978 to establish a Federal renewable monitoring system under subsection (b)(17) a timely manner; and electricity standard, and for other pur- shall be equal to the lesser of— (B) provides to the Director any assessments, determinations, or analyses required poses; which was ordered to lie on the (A) $1,000 per measure; or table; as follows: (B) 50 percent of the cost of installing and under law. purchasing the home energy management (2) FINAL APPROVAL OR DISAPPROVAL.—If On page 15, line 12, strike ‘‘and’’. system or home area network monitoring the agency assessments, determinations, or On page 16, line 6, strike the period and in- system. analyses provided under paragraph (1)(B) fail sert ‘‘; and’’. to fully resolve any siting issue, based on the On page 16, between lines 6 and 7, insert SA 4680. Mr. WYDEN submitted an administrative record or on appeal by a the following: amendment intended to be proposed by project sponsor or party to the proceeding, ‘‘(J) ensure that each kilowatt-hour of the Director may issue a final decision ap- electric energy delivered from an energy him to the bill S. 3454, to authorize approving or disapproving a project. storage system that was originally generated propriations for fiscal year 2011 for (f) JUDICIAL REVIEW.—A final decision by with a renewable resource receives 1 credit.’’. military activities of the Department the Director to approve or disapprove the of Defense, for military construction, siting of a proposed renewable energy facil- SA 4682. Mr. INOUYE proposed an and for defense activities of the De- ity shall be considered a final agency action amendment to the bill H.R. 3081, mak- partment of Energy, to prescribe mili- and subject to review in the United States ing continuing appropriations for fiscal tary personnel strengths for such fiscal Court of Appeals for the District of Columbia Circuit. year 2011, and for other purposes; as year, and for other purposes; which was (g) NEPA.— follows: ordered to lie on the table; as follows: (1) IN GENERAL.—Except as provided in Amend the title so as to read: ‘‘Making On page 443, after line 23, add the fol- paragraph (2), nothing in this section waives continuing appropriations for fiscal year lowing: or alters any requirements under the Na- 2011, and for other purposes’’.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7758 CONGRESSIONAL RECORD — SENATE September 29, 2010 SA 4683. Mr. REID (for Mr. DEMINT) 113 (other than under subsection (a)(4) or penditures of supplemental funds ap- proposed an amendment to the resolu- (a)(5) of such section) or 117 of this title, the propriated following disasters occur- tion of ratification for Treaty Doc. 110– offender shall be fined under this title or im- ring in 2008; as follows: 21, Hague Convention on the Inter- prisoned for not more than 15 years, or both.’. On page 2, line 2, strike ‘‘September 30, national Recovery of Child Support and ‘‘(b) DEFINITION.—Section 2237(e) of title 18, 2012’’ and insert ‘‘September 30, 2011’’. Other Forms of Family Maintenance, United States Code, is amended— On page 2, after line 2, insert the following: adopted at The Hague on November 23, ‘‘(1) by amending paragraph (3) to read as SEC. 2. BUDGETARY PROVISIONS. 2007, and signed by the United States follows: (a) STATUTORY PAYGO.—The budgetary ef- on that same date; as follows: ‘‘ ‘(3) the term ‘‘vessel subject to the juris- fects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go In the section heading for section 1, strike diction of the United States’’ has the mean- Act of 2010, shall be determined by reference ‘‘ ing given the term in section 70502 of title TWO RESERVATIONS AND THREE DEC- to the latest statement titled ‘‘Budgetary LARATIONS’’ and insert ‘‘TWO RESERVA- 46;’; ‘‘(2) in paragraph (4), by striking ‘section 2 Effects of PAYGO Legislation’’ for this Act, TIONS, ONE UNDERSTANDING, AND submitted for printing in the Congressional ’’. of the Maritime Drug Law Enforcement Act THREE DECLARATIONS Record by the Chairman of the Senate Budg- In section 1, strike ‘‘the reservations of (46 U.S.C. App. 1903).’ and inserting ‘section et Committee, provided that such statement section 2, the declaration of section 3, and 70502 of title 46; and’; and has been submitted prior to the vote on pas- the declarations of section 4’’ and insert ‘‘the ‘‘(3) by adding at the end the following new sage. reservations of section 2, the understanding paragraph: (b) EMERGENCY DESIGNATIONS.—This Act— of section 3, the declaration of section 4, and ‘‘ ‘(5) the term ‘‘transportation under inhu- (1) is designated as an emergency require- the declarations of section 5’’. mane conditions’’ means— ‘‘ ‘(A) transportation— ment pursuant to section 4(g) of the Statu- Strike ‘‘SEC. 3. DECLARATION’’ and insert ‘‘ ‘(i) of one or more persons in an engine tory Pay-As-You-Go Act of 2010 (Public Law the following: compartment, storage compartment, or 111–139; 2 U.S.C. 933(g)); SEC. 3. UNDERSTANDING. other confined space; (2) in the House of Representatives, is des- The advice and consent of the Senate ‘‘ ‘(ii) at an excessive speed; or ignated as an emergency for purposes of pay- under section 1 is subject to the following ‘‘ ‘(iii) of a number of persons in excess of as-you-go principles; and understanding, which shall be included in the rated capacity of the vessel; or (3) in the Senate, is designated as an emer- the instrument of ratification: ‘‘ ‘(B) intentional grounding of a vessel in gency requirement and necessary to meet The United States is not a party to the which persons are being transported.’.’’. emergency needs pursuant to section 403(a) Convention on the Rights of the Child and Strike section 1032(b) and insert the fol- of S. Con. Res. 13 (111th Congress), the con- understands that a mention of the Conven- lowing: current resolution on the budget for fiscal tion in the preamble of this Treaty does not ‘‘(b) VIOLATIONS; SUBPOENAS.— year 2010. create any obligations and does not affect or ‘‘(1) IN GENERAL.—In any investigation enhance the status of the Convention as a under this section, the Secretary may issue SA 4686. Mr. DURBIN (for Ms. CANT- matter of United States or international a subpoena to require the attendance of a WELL) proposed an amendment to the law. witness or the production of documents or bill H.R. 1061, to transfer certain land SEC. 4. DECLARATION. other evidence if— to the United States to be held in trust Strike ‘‘SEC. 4. DECLARATIONS’’ and in- ‘‘(A) before the issuance of the subpoena, for the Hoh Indian Tribe, to place land sert ‘‘sec. 5. declarations’’. the Secretary requests a determination by into trust for the Hoh Indian Tribe, and the Attorney General of the United States as SA 4684. Ms. CANTWELL proposed an to whether the subpoena will interfere with for other purposes; as follows: amendment to the bill H.R. 3619, to au- a criminal investigation; and On page 4, lines 8 through 10, strike ‘‘upon thorize appropriations for the Coast ‘‘(B) the Attorney General— compliance with the National Environ- Guard for fiscal year 2010, and for other ‘‘(i) determines that the subpoena will not mental Policy Act of 1969’’ and insert ‘‘in ac- purposes; as follows: interfere with a criminal investigation; or cordance with the regulations of the Depart- ‘‘(ii) fails to make a determination under ment of the Interior for implementing the In section 617(b), in the quoted subsection clause (i) before the date that is 30 days after National Environmental Policy Act of 1969 (d), strike ‘‘INDIVIDUALS QUALIFIED AS ABLE the date on which the Secretary makes a re- (42 U.S.C. 4321 et seq.) that are applicable to SEAMEN.—Offshore’’ and insert ‘‘Individuals quest under subparagraph (A). trust land acquisitions for Indian tribes that qualified as able seamen—offshore’’. ‘‘(2) ENFORCEMENT.—In the case of refusal are mandated by Federal legislation,’’. Strike section 917 and insert the following: to obey a subpoena issued to any person On page 8, strike lines 14 through 19 and in- under this subsection, the Secretary may re- sert the following: ‘‘SEC. 917. MARITIME LAW ENFORCEMENT. quest the Attorney General to invoke the aid SEC. 5. GAMING PROHIBITION. ‘‘(a) PENALTIES.—Subsection (b) of section of the appropriate district court of the 2237 of title 18, United States Code, is amend- United States to compel compliance.’’. SA 4687. Mr. DURBIN (for Mr. ed to read as follows: Strike section 1033(a)(2) and insert the fol- WHITEHOUSE) proposed an amendment ‘‘ ‘(b)(1) Except as otherwise provided in lowing: this subsection, whoever knowingly violates to the bill S. 2847, to regulate the vol- ‘‘(2) SUBPOENAS.— subsection (a) shall be fined under this title ‘‘(A) IN GENERAL.—In any investigation ume of audio on commercials; as fol- or imprisoned for not more than 5 years, or under this section, the Administrator may lows: both. issue a subpoena to require the attendance of In lieu of the matter proposed to be in- ‘‘ ‘(2)(A) If the offense is one under para- a witness or the production of documents or serted, insert the following: graph (1) or (2)(A) of subsection (a) and has other evidence if— an aggravating factor set forth in subpara- SECTION 1. SHORT TITLE. ‘‘(i) before the issuance of the subpoena, graph (B) of this paragraph, the offender This Act may be cited as the ‘‘Commercial the Administrator requests a determination shall be fined under this title or imprisoned Advertisement Loudness Mitigation Act’’ or by the Attorney General of the United States for any term of years or life, or both. the ‘‘CALM Act’’. as to whether the subpoena will interfere ‘‘ ‘(B) The aggravating factor referred to in SEC. 2. RULEMAKING ON LOUD COMMERCIALS with a criminal investigation; and subparagraph (A) is that the offense— REQUIRED. ‘‘(ii) the Attorney General— ‘‘ ‘(i) results in death; or (a) RULEMAKING REQUIRED.—Within 1 year ‘‘(I) determines that the subpoena will not ‘‘ ‘(ii) involves— after the date of enactment of this Act, the interfere with a criminal investigation; or ‘‘ ‘(I) an attempt to kill; Federal Communications Commission shall ‘‘(II) fails to make a determination under ‘‘ ‘(II) kidnapping or an attempt to kidnap; prescribe pursuant to the Communications subclause (I) before the date that is 30 days or Act of 1934 (47 U.S.C. 151 et seq.) a regulation after the date on which the Administrator ‘‘ ‘(III) an offense under section 2241. that is limited to incorporating by reference ‘‘ ‘(3) If the offense is one under paragraph makes a request under clause (i). and making mandatory (subject to any waiv- (1) or (2)(A) of subsection (a) and results in ‘‘(B) ENFORCEMENT.—In the case of refusal ers the Commission may grant) the ‘‘Rec- serious bodily injury (as defined in section to obey a subpoena issued to any person ommended Practice: Techniques for Estab- 1365), the offender shall be fined under this under this paragraph, the Administrator lishing and Maintaining Audio Loudness for title or imprisoned for not more than 15 may request the Attorney General to invoke Digital Television’’ (A/85), and any successor years, or both. the aid of the appropriate district court of thereto, approved by the Advanced Tele- ‘‘ ‘(4) If the offense is one under paragraph the United States to compel compliance.’’. vision Systems Committee, only insofar as (1) or (2)(A) of subsection (a), involves know- such recommended practice concerns the ing transportation under inhumane condi- SA 4685. Mr. DURBIN (for Mr. transmission of commercial advertisements tions, and is committed in the course of a CORNYN) proposed an amendment to by a television broadcast station, cable oper- violation of section 274 of the Immigration the bill S. 3774, to extend the deadline ator, or other multichannel video program- and Nationality Act, or chapter 77 or section for Social Services Block Grants ex- ming distributor.

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(b) IMPLEMENTATION.— (1) by striking ‘‘operate or’’ and inserting SEC. 5. DURATION OF CREDENTIALS. (1) EFFECTIVE DATE.—The Federal Commu- ‘‘operate, including direction to change the (a) MERCHANT MARINER’S DOCUMENTS.— nications Commission shall prescribe that vessel’s heading and speed, or’’; and Section 7302(f) of title 46, United States the regulation adopted pursuant to sub- (2) by inserting ‘‘emergency or’’ after Code, is amended to read as follows: section (a) shall become effective 1 year after ‘‘other’’ in paragraph (3). ‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF MERCHANT MARINERS’ DOCUMENTS.— the date of its adoption. (b) REVISION OF VTS POLICY.—The Sec- ‘‘(1) IN GENERAL.—Except as provided in (2) WAIVER.—For any television broadcast retary of the department in which the Coast subsection (g), a merchant mariner’s docu- station, cable operator, or other multi- guard is operating shall— ment issued under this chapter is valid for a channel video programming distributor that (1) provide guidance to all vessel traffic 5-year period and may be renewed for addi- demonstrates that obtaining the equipment personnel that clearly defines the use of au- tional 5-year periods. to comply with the regulation adopted pur- thority to direct or control vessel movement ‘‘(2) ADVANCE RENEWALS.—A renewed mer- suant to subsection (a) would result in finan- when such direction or control is justified in chant mariner’s document may be issued cial hardship, the Federal Communications the interest of safety; and under this chapter up to 8 months in advance Commission may grant a waiver of the effec- (2) require vessel traffic personnel commu- but is not effective until the date that the tive date set forth in paragraph (1) for 1 year nications to identify the vessel, rather than previously issued merchant mariner’s docu- and may renew such waiver for 1 additional the pilot, when vessels are operating in ves- ment expires.’’. year. sel traffic service pilotage areas. (3) WAIVER AUTHORITY.—Nothing in this (b) DURATION OF LICENSES.—Section 7106 of (c) ADEQUACY OF VTS LOCATIONS AND IN- section affects the Commission’s authority such title is amended to read as follows: FRASTRUCTURE.— under section 1.3 of its rules (47 C.F.R. 1.3) to ‘‘§ 7106. Duration of licenses (1) IN GENERAL.—The Secretary of the de- waive any rule required by this Act, or the ‘‘(a) IN GENERAL.—A license issued under partment in which the Coast Guard is oper- application of any such rule, for good cause this part is valid for a 5-year period and may ating shall continue to conduct individual shown to a television broadcast station, be renewed for additional 5-year periods; export and waterway safety assessments under cable operator, or other multichannel video cept that the validity of a license issued to the Ports and Waterways Safety Act of 1972 programming distributor, or to a class of a radio officer is conditioned on the contin- (33 U.S.C. 1221 et seq.) to determine and such stations, operators, or distributors. uous possession by the holder of a first-class (c) COMPLIANCE.—Any broadcast television prioritize the United States ports, water- or second-class radiotelegraph operator li- operator, cable operator, or other multi- ways, and channels that are in need of new, cense issued by the Federal Communications channel video programming distributor that expanded, or improved vessel traffic manage- Commission. installs, utilizes, and maintains in a comment risk mitigation measures, including ‘‘(b) ADVANCE RENEWALS.—A renewed li- mercially reasonable manner the equipment vessel traffic service systems, by evalu- cense issued under this part may be issued and associated software in compliance with ating— up to 8 months in advance but is not effec- the regulations issued by the Federal Com- (A) the nature, volume, and frequency of tive until the date that the previously issued munications Commission in accordance with vessel traffic; license expires.’’. subsection (a) shall be deemed to be in com- (B) the risks of collisions, allisions, spills, (c) CERTIFICATES OF REGISTRY.—Section pliance with such regulations. and other maritime mishaps associated with 7107 of such title is amended to read as fol- (d) DEFINITIONS.—For purposes of this sec- that traffic; lows: tion— (C) the projected impact of installation, ‘‘§ 7107. Duration of certificates of registry (1) the term ‘‘television broadcast station’’ expansion, or improvement of a vessel traffic ‘‘(a) IN GENERAL.—A certificate of registry has the meaning given such term in section service system or other risk mitigation issued under this part is valid for a 5-year pe- 325 of the Communications Act of 1934 (47 measures; and riod and may be renewed for additional 5- U.S.C. 325); and (D) any other relevant data. year periods; except that the validity of a (2) the terms ‘‘cable operator’’ and ‘‘multi- (2) ANALYSES.—Based on the results of the certificate issued to a medical doctor or pro- channel video programming distributor’’ assessments under paragraph (1), the Sec- fessional nurse is conditioned on the contin- have the meanings given such terms in secretary shall identify the requirements for uous possession by the holder of a license as tion 602 of Communications Act of 1934 (47 necessary expansion, improvement, or con- a medical doctor or registered nurse, respec- U.S.C. 522). struction of buildings, networks, commu- tively, issued by a State. nications, or other infrastructure to improve ‘‘(b) ADVANCE RENEWALS.—A renewed cer- SA 4688. Mr. DURBIN (for Mr. LAU- the effectiveness of existing vessel traffic tificate of registry issued under this part TENBERG) proposed an amendment to service systems, or necessary to support rec- may be issued up to 8 months in advance but the bill S. 685, to require new vessels ommended new vessel traffic service sys- is not effective until the date that the pre- for carrying oil fuel to have double tems, including all necessary costs for con- viously issued certificate of registry ex- hulls, and for other purposes; as fol- struction, reconstruction, expansion, or im- pires.’’. lows: provement. SEC. 6. AUTHORIZATION TO EXTEND THE DURA- (3) PERSONNEL.—The Secretary shall— TION OF LICENSES, CERTIFICATES Strike out all after the enacting clause and (A) review and validate the recruiting, re- OF REGISTRY, AND MERCHANT insert the following: tention, training, and expansion of the vessel MARINERS’ DOCUMENTS. SECTION 1. SHORT TITLE. traffic service personnel workforce necessary (a) MERCHANT MARINER LICENSES AND DOC- This Act may be cited as the ‘‘Oil Spill to maintain the effectiveness of existing ves- UMENTS.—Chapter 75 of title 46, United Prevention Act of 2010’’. sel traffic service systems and to support States Code, is amended by adding at the end SEC. 2. OIL FUEL TANK PROTECTION. any expansion or improvement identified by the following: Section 3306 of title 46, United States Code, the Secretary under this section; and ‘‘§ 7507. Authority to extend the duration of li- is amended by adding at the end the fol- (B) require basic navigation training for censes, certificates of registry, and mer- lowing new subsection: chant mariner documents ‘‘(k)(1) Each vessel of the United States vessel traffic service watchstander per- that is constructed under a contract entered sonnel— ‘‘(a) LICENSES AND CERTIFICATES OF REG- into after the date of enactment of the Oil (i) to support and complement the existing ISTRY.—Notwithstanding sections 7106 and Spill Prevention Act of 2010, or that is deliv- mission of the vessel traffic service to mon- 7107, the Secretary of the department in ered after August 1, 2010, with an aggregate itor and assess vessel movements within a which the Coast Guard is operating may ex- capacity of 600 cubic meters or more of oil vessel traffic service Area; tend for up to one year an expiring license or fuel, shall comply with the requirements of (ii) to exchange information regarding ves- certificate of registry issued for an indi- Regulation 12A under Annex I to the Pro- sel movements with vessel and shore-based vidual under chapter 71 if the Secretary de- tocol of 1978 relating to the International personnel; and termines that extension is required— Convention for the Prevention of Pollution (iii) to provide advisories to vessel mas- ‘‘(1) to enable the Coast Guard to eliminate from Ships, 1973, entitled ‘Oil Fuel Tank Pro- ters. a backlog in processing applications for tection.’. (4) REPORT.—Within 1 year after the date of those licenses or certificates of registry; ‘‘(2) The Secretary may prescribe regula- enactment of this Act, the Secretary shall ‘‘(2) because necessary records have been tions to apply the requirements described in submit to the Congress a report consoli- destroyed or are unavailable due to a natural Regulation 12A to vessels described in para- dating the results of the analyses under disaster; or graph (1) that are not otherwise subject to paragraph (2), together with recommenda- ‘‘(3) to align the expiration date of a li- that convention. tions for implementing the study results. cense or certificate of registry with the expi- ‘‘(3) In this subsection the term ‘oil fuel’ ration date of a transportation worker iden- SEC. 4. TRAINED POLLUTION INVESTIGATORS. means any oil used as fuel in connection tification credential under section 70501. with the propulsion and auxiliary machinery To the extent practicable, the Com- ‘‘(b) MERCHANT MARINER DOCUMENTS.—Not- of the vessel in which such oil is carried.’’. mandant of the Coast Guard shall ensure withstanding section 7302(g), the Secretary SEC. 3. MARITIME EMERGENCY PREVENTION. that there is at least 1 trained and experi- may extend for one year an expiring mer- (a) IN GENERAL.—Section 4(b) of the Ports enced pollution investigator on duty, or in chant mariner’s document issued for an indi- and Waterways Safety Act of 1972 (33 U.S.C. an on-call status, at all times for each Coast vidual under chapter 71 if the Secretary de- 1223(b)) is amended— Guard Sector Command. termines that extension is required—

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‘‘(1) to enable the Coast Guard to eliminate ‘‘(3) TELEWORK.—The term ‘telework’or ‘‘(B) training, rewarding, reassigning, pro- a backlog in processing applications for ‘teleworking’ refers to a work flexibility ar- moting, reducing in grade, retaining, and re- those licenses or certificates of registry; rangement under which an employee per- moving employees; ‘‘(2) because necessary records have been forms the duties and responsibilities of such ‘‘(C) work requirements; or destroyed or are unavailable due to a natural employee’s position, and other authorized ‘‘(D) other acts involving managerial dis- disaster; or activities, from an approved worksite other cretion; and ‘‘(3) to align the expiration date of a li- than the location from which the employee ‘‘(4) when determining what constitutes di- cense or certificate of registry with the expi- would otherwise work. minished employee performance, the agency ration date of a transportation worker iden- shall consult the performance management ‘‘§ 6502. Executive agencies telework require- tification credential under section 70501. guidelines of the Office of Personnel Manage- ment ‘‘(c) MANNER OF EXTENSION.—Any exten- ment. sions granted under this section may be ‘‘(a) TELEWORK ELIGIBILITY.— ‘‘(b) TRAINING REQUIREMENT EXEMPTIONS.— granted to individual seamen or a specifi- ‘‘(1) IN GENERAL.—Not later than 180 days The head of an executive agency may provide cally identified group of seamen. after the date of enactment of this chapter, for an exemption from the training require- ‘‘(d) EXPIRATION OF AUTHORITY.—The au- the head of each executive agency shall— ments under subsection (a), if the head of thority for providing an extension under this ‘‘(A) establish a policy under which eligible that agency determines that the training section shall expire on December 31, 2011.’’. employees of the agency may be authorized would be unnecessary because the employee (b) CLERICAL AMENDMENT.—The chapter to telework; is already teleworking under a work arrange- analysis for such chapter is amended by add- ‘‘(B) determine the eligibility for all em- ment in effect before the date of enactment ing at the end the following: ployees of the agency to participate in of this chapter. ‘‘7507. Authority to extend the duration of li- telework; and ‘‘§ 6504. Policy and support censes, certificates of registry, ‘‘(C) notify all employees of the agency of ‘‘(a) AGENCY CONSULTATION WITH THE OF- and merchant mariner docu- their eligibility to telework. FICE OF PERSONNEL MANAGEMENT.—Each ex- ments.’’. ‘‘(2) LIMITATION.—An employee may not ecutive agency shall consult with the Office of Personnel Management in developing SEC. 7. ELIMINATION OF CERTAIN REPORTS. telework under a policy established under this section if— telework policies. Notwithstanding the direction of the ‘‘(b) GUIDANCE AND CONSULTATION.—The Of- House of Representatives Committee on Ap- ‘‘(A) the employee has been officially dis- ciplined for being absent without permission fice of Personnel Management shall— propriations on page 60 of Report 109–79 ‘‘(1) provide policy and policy guidance for (109th Congress, 1st Session) under the head- for more than 5 days in any calendar year; or ‘‘(B) the employee has been officially dis- telework in the areas of pay and leave, agen- ings ‘‘UNITED STATES COAST GUARD OPER- ciplined for violations of subpart G of the cy closure, performance management, offi- ATING EXPENSES’’ and ‘‘AREA SECURITY MARI- Standards of Ethical Conduct for Employees cial worksite, recruitment and retention, TIME EXERCISE PROGRAM’’, concerning the and accommodations for employees with dis- submission by the Coast Guard of reports to of the Executive Branch for viewing, downloading, or exchanging pornography, in- abilities; that Committee on the results of port secu- ‘‘(2) assist each agency in establishing ap- cluding child pornography, on a Federal Gov- rity terrorism exercises, beginning with Oc- propriate qualitative and quantitative meas- ernment computer or while performing offi- tober, 2010, the Coast Guard shall submit ures and teleworking goals; and cial Federal Government duties. only 1 such report each year. ‘‘(3) consult with— SEC. 8. BUDGETARY EFFECTS ‘‘(b) PARTICIPATION.—The policy described ‘‘(A) the Federal Emergency Management The budgetary effects of this Act, for the under subsection (a) shall— Agency on policy and policy guidance for purpose of complying with the Statutory ‘‘(1) ensure that telework does not dimin- telework in the areas of continuation of op- Pay-As-You-Go-Act of 2010, shall be deter- ish employee performance or agency oper- erations and long-term emergencies; mined by reference to the latest statement ations; ‘‘(B) the General Services Administration titled ‘‘Budgetary Effects of PAYGO Legisla- ‘‘(2) require a written agreement that— on policy and policy guidance for telework in tion’’ for this Act, submitted for printing in ‘‘(A) is entered into between an agency the areas of telework centers, travel, tech- the Congressional Record by the Chairman of manager and an employee authorized to nology, equipment, and dependent care; and the Senate Budget Committee, provided that telework, that outlines the specific work ar- ‘‘(C) the National Archives and Records such statement has been submitted prior to rangement that is agreed to; and Administration on policy and policy guid- the vote on passage. ‘‘(B) is mandatory in order for any em- ance for telework in the areas of efficient ployee to participate in telework; and effective records management and the ‘‘(3) provide that an employee may not be SA 4689. Mr. DURBIN (for Mr. AKAKA preservation of records, including Presi- authorized to telework if the performance of (for himself and Mr. VOINOVICH)) pro- dential and Vice-Presidential records. that employee does not comply with the ‘‘(c) SECURITY GUIDELINES.— posed an amendment to the bill H.R. terms of the written agreement between the ‘‘(1) IN GENERAL.—The Director of the Of- 1722, to require the head of each execu- agency manager and that employee; fice of Management and Budget, in coordina- tive agency to establish and implement ‘‘(4) except in emergency situations as de- tion with the Department of Homeland Secu- a policy under which employees shall termined by the head of an agency, not apply rity and the National Institute of Standards be authorized to telework, and for to any employee of the agency whose official and Technology, shall issue guidelines not other purposes; as follows: duties require on a daily basis (every work later than 180 days after the date of the en- day)— Strike all after the enacting clause and in- actment of this chapter to ensure the ade- ‘‘(A) direct handling of secure materials sert the following: quacy of information and security protec- determined to be inappropriate for telework tions for information and information sys- SECTION 1. SHORT TITLE. by the agency head; or tems used while teleworking. This Act may be cited as the ‘‘Telework ‘‘(B) on-site activity that cannot be han- ‘‘(2) CONTENTS.—Guidelines issued under Enhancement Act of 2010’’. dled remotely or at an alternate worksite; this subsection shall, at a minimum, include SEC. 2. TELEWORK. and requirements necessary to— (a) IN GENERAL.—Part III of title 5, United ‘‘(5) be incorporated as part of the con- ‘‘(A) control access to agency information States Code, is amended by inserting after tinuity of operations plans of the agency in and information systems; chapter 63 the following: the event of an emergency. ‘‘(B) protect agency information (including personally identifiable information) and in- ‘‘CHAPTER 65—TELEWORK ‘‘§ 6503. Training and monitoring ‘‘Sec. formation systems; ‘‘(a) IN GENERAL.—The head of each execu- ‘‘6501. Definitions. ‘‘(C) limit the introduction of tive agency shall ensure that— ‘‘6502. Executive agencies telework require- vulnerabilities; ‘‘(1) an interactive telework training pro- ment. ‘‘(D) protect information systems not gram is provided to— ‘‘6503. Training and monitoring. under the control of the agency that are used ‘‘(A) employees eligible to participate in ‘‘6504. Policy and support. for teleworking; the telework program of the agency; and ‘‘6505. Telework Managing Officer. ‘‘(E) safeguard wireless and other tele- ‘‘(B) all managers of teleworkers; ‘‘6506. Reports. communications capabilities that are used ‘‘(2) except as provided under subsection for teleworking; and ‘‘§ 6501. Definitions (b), an employee has successfully completed ‘‘(F) prevent inappropriate use of official ‘‘In this chapter: the interactive telework training program time or resources that violates subpart G of ‘‘(1) EMPLOYEE.—The term ‘employee’ has before that employee enters into a written the Standards of Ethical Conduct for Em- the meaning given that term under section agreement to telework described under sec- ployees of the Executive Branch by viewing, 2105. tion 6502(b)(2); downloading, or exchanging pornography, in- ‘‘(2) EXECUTIVE AGENCY.—Except as pro- ‘‘(3) teleworkers and nonteleworkers are cluding child pornography. vided in section 6506, the term ‘executive treated the same for purposes of— ‘‘(d) CONTINUITY OF OPERATIONS PLANS.— agency’ has the meaning given that term ‘‘(A) periodic appraisals of job performance ‘‘(1) INCORPORATION INTO CONTINUITY OF OP- under section 105. of employees; ERATIONS PLANS.—Each executive agency

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shall incorporate telework into the con- ‘‘(B) transmit a copy of the report to the ‘‘(d) CHIEF HUMAN CAPITAL OFFICER RE- tinuity of operations plan of that agency. Comptroller General and the Office of Man- PORTS.— ‘‘(2) CONTINUITY OF OPERATIONS PLANS SU- agement and Budget. ‘‘(1) IN GENERAL.—Each year the Chief PERSEDE TELEWORK POLICY.—During any pe- ‘‘(2) CONTENTS.—Each report submitted Human Capital Officer of each executive riod that an executive agency is operating under this subsection shall include— agency, in consultation with the Telework under a continuity of operations plan, that ‘‘(A) the degree of participation by employ- Managing Officer of that agency, shall sub- plan shall supersede any telework policy. ees of each executive agency in teleworking mit a report to the Chair and Vice Chair of ‘‘(e) TELEWORK WEBSITE.—The Office of during the period covered by the report (and the Chief Human Capital Officers Council on Personnel Management shall— for each executive agency whose head is re- agency management efforts to promote ‘‘(1) maintain a central telework website; ferred to under section 5312, the degree of telework. and participation in each bureau, division, or ‘‘(2) REVIEW AND INCLUSION OF RELEVANT IN- ‘‘(2) include on that website related— other major administrative unit of that FORMATION.—The Chair and Vice Chair of the ‘‘(A) telework links; agency), including— Chief Human Capital Officers Council shall— ‘‘(B) announcements; ‘‘(i) the total number of employees in the ‘‘(A) review the reports submitted under ‘‘(C) guidance developed by the Office of agency; paragraph (1); Personnel Management; and ‘‘(ii) the number and percent of employees ‘‘(B) include relevant information from the ‘‘(D) guidance submitted by the Federal in the agency who are eligible to telework; submitted reports in the annual report to Emergency Management Agency, and the and Congress required under subsection (b); and General Services Administration to the Of- ‘‘(iii) the number and percent of eligible ‘‘(C) use that relevant information for fice of Personnel Management not later than employees in the agency who are tele- other purposes related to the strategic man- 10 business days after the date of submission. working— agement of human capital.’’. ‘‘(f) POLICY GUIDANCE ON PURCHASING COM- ‘‘(I) 3 or more days per pay period; (b) TECHNICAL AND CONFORMING AMEND- PUTER SYSTEMS.—Not later than 120 days ‘‘(II) 1 or 2 days per pay period; MENTS.— after the date of the enactment of this chap- ‘‘(III) once per month; and (1) TABLE OF CHAPTERS.—The table of chapter, the Director of the Office of Manage- ‘‘(IV) on an occasional, episodic, or short- ters for part III of title 5, United States ment and Budget shall issue policy guidance term basis; Code, is amended by inserting after the item requiring each executive agency when pur- ‘‘(B) the method for gathering telework relating to chapter 63 the following: data in each agency; chasing computer systems, to purchase com- 65. Telework ...... 6501 ‘‘(C) if the total number of employees tele- puter systems that enable and support (2) TELEWORK COORDINATORS.— working is 10 percent higher or lower than telework, unless the head of the agency de- (A) APPROPRIATIONS ACT, 2003.—Section 623 termines that there is a mission-specific rea- the previous year in any agency, the reasons of the Departments of Commerce, Justice, for the positive or negative variation; son not to do so. and State, the Judiciary, and Related Agen- ‘‘(D) the agency goal for increasing partici- cies Appropriations Act, 2003 (Public Law ‘‘§ 6505. Telework Managing Officer pation to the extent practicable or necessary 108–7; 117 Stat. 103) is amended by striking ‘‘(a) DESIGNATION.—The head of each execu- for the next reporting period, as indicated by ‘‘designate a ‘Telework Coordinator’ to be’’ tive agency shall designate an employee of the percent of eligible employees tele- and inserting ‘‘designate a Telework Man- the agency as the Telework Managing Offi- working in each frequency category de- aging Officer to be’’. cer. The Telework Managing Officer shall be scribed under subparagraph (A)(iii); (B) APPROPRIATIONS ACT, 2004.—Section 627 established within the Office of the Chief ‘‘(E) an explanation of whether or not the of the Departments of Commerce, Justice, Human Capital Officer or a comparable office agency met the goals for the last reporting and State, the Judiciary, and Related Agen- with similar functions. period and, if not, what actions are being cies Appropriations Act, 2004 (Public Law UTIES.—The Telework Managing Offi- taken to identify and eliminate barriers to ‘‘(b) D 108–199; 118 Stat. 99) is amended by striking cer shall— maximizing telework opportunities for the ‘‘designate a ‘Telework Coordinator’ to be’’ ‘‘(1) be devoted to policy development and next reporting period; and inserting ‘‘designate a Telework Man- implementation related to agency telework ‘‘(F) an assessment of the progress each aging Officer to be’’. programs; agency has made in meeting agency participation rate goals during the reporting pe- (C) APPROPRIATIONS ACT, 2005.—Section 622 ‘‘(2) serve as— of the Departments of Commerce, Justice, ‘‘(A) an advisor for agency leadership, in- riod, and other agency goals relating to telework, such as the impact of telework and State, the Judiciary, and Related Agen- cluding the Chief Human Capital Officer; cies Appropriations Act, 2005 (Public Law ‘‘(B) a resource for managers and employ- on— ‘‘(i) emergency readiness; 108–447; 118 Stat. 2919) is amended by striking ees; and ‘‘designate a ‘Telework Coordinator’ to be’’ ‘‘(C) a primary agency point of contact for ‘‘(ii) energy use; ‘‘(iii) recruitment and retention; and inserting ‘‘designate a Telework Man- the Office of Personnel Management on aging Officer to be’’. telework matters; and ‘‘(iv) performance; ‘‘(v) productivity; and (D) APPROPRIATIONS ACT, 2006.—Section 617 ‘‘(3) perform other duties as the applicable of the Science, State, Justice, Commerce, delegating authority may assign. ‘‘(vi) employee attitudes and opinions regarding telework; and and Related Agencies Appropriations Act, ‘‘(c) STATUS WITHIN AGENCY.—The 2006 (Public Law 109–108; 119 Stat. 2340) is Telework Managing Officer of an agency ‘‘(G) the best practices in agency telework programs. amended by striking ‘‘maintain a ‘Telework shall be a senior official of the agency who Coordinator’ to be’’ and inserting ‘‘maintain has direct access to the head of the agency. ‘‘(c) COMPTROLLER GENERAL REPORTS.— ‘‘(1) REPORT ON GOVERNMENT ACCOUNT- a Telework Managing Officer to be’’. ‘‘(d) RULE OF CONSTRUCTION REGARDING ABILITY OFFICE TELEWORK PROGRAM.— SEC. 3. AUTHORITY FOR TELEWORK TRAVEL EX- STATUS OF TELEWORK MANAGING OFFICER.— ‘‘(A) IN GENERAL.—Not later than 18 PENSES TEST PROGRAMS. Nothing in this section shall be construed to (a) IN GENERAL.—Chapter 57 of title 5, prohibit an individual who holds another of- months after the date of enactment of this chapter and on an annual basis thereafter, United States Code, is amended by inserting fice or position in an agency from serving as after section 5710 the following: the Telework Managing Officer for the agen- the Comptroller General shall submit a re- ‘‘§ 5711. Authority for telework travel ex- cy under this chapter. port addressing the telework program of the Government Accountability Office to— penses test programs ‘‘§ 6506. Reports ‘‘(i) the Committee on Homeland Security ‘‘(a) Except as provided under subsection ‘‘(a) DEFINITION.—In this section, the term and Governmental Affairs of the Senate; and (f)(1), in this section, the term ‘appropriate ‘executive agency’ shall not include the Gov- ‘‘(ii) the Committee on Oversight and Gov- committees of Congress’ means— ernment Accountability Office. ernment Reform of the House of Representa- ‘‘(1) the Committee on Homeland Security ‘‘(b) REPORTS BY THE OFFICE OF PERSONNEL tives. and Governmental Affairs of the Senate; and MANAGEMENT.— ‘‘(B) CONTENTS.—Each report submitted by ‘‘(2) the Committee on Oversight and Gov- ‘‘(1) SUBMISSION OF REPORTS.—Not later the Comptroller General shall include the ernment Reform of the House of Representa- than 18 months after the date of enactment same information as required under sub- tives. of this chapter and on an annual basis there- section (b) applicable to the Government Ac- ‘‘(b)(1) Notwithstanding any other provi- after, the Director of the Office of Personnel countability Office. sion of this subchapter, under a test program Management, in consultation with Chief ‘‘(2) REPORT TO CONGRESS ON OFFICE OF PER- which the Administrator of General Services Human Capital Officers Council, shall— SONNEL MANAGEMENT REPORT.—Not later determines to be in the interest of the Gov- ‘‘(A) submit a report addressing the than 6 months after the submission of the ernment and approves, an employing agency telework programs of each executive agency first report to Congress required under sub- may pay through the proper disbursing offi- to— section (b), the Comptroller General shall re- cial any necessary travel expenses in lieu of ‘‘(i) the Committee on Homeland Security view that report required under subsection any payment otherwise authorized or re- and Governmental Affairs of the Senate; and (b) and submit a report to Congress on the quired under this subchapter for employees ‘‘(ii) the Committee on Oversight and Gov- progress each executive agency has made to- participating in a telework program. Under ernment Reform of the House of Representa- wards the goals established under section an approved test program, an agency may tives; and 6504(b)(2). provide an employee with the option to

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An agency shall in- cordance with subsection (d)(1). station of that employee, the operating pro- clude in any request to the Administrator ‘‘(3) In conducting the program under this cedures of the program may include a rea- for approval of such a test program an anal- subsection, the Patent and Trademark Office sonable maximum number of occasional vis- ysis of the expected costs and benefits and a may pay any travel expenses of an employee its to the pre-existing duty station before set of criteria for evaluating the effective- for travel to and from a Patent and Trade- that employee is eligible for payment of any ness of the program. mark Office worksite or provide an employee accrued travel expenses by the Office. ‘‘(2) Any test program conducted under with the option to waive any payment au- ‘‘(g) The authority to conduct test pro- this section shall be designed to enhance thorized or required under this subchapter, grams under this section shall expire 7 years cost savings or other efficiencies that accrue if— after the date of the enactment of the to the Government. ‘‘(A) the employee is employed at a Patent Telework Enhancement Act of 2010.’’. ‘‘(3) Under any test program, if an agency and Trademark Office worksite and enters (b) TECHNICAL AND CONFORMING AMEND- employee voluntarily relocates from the pre- into an approved telework arrangement; existing duty station of that employee, the MENT.—The table of sections for chapter 57 of ‘‘(B) the employee requests to telework title 5, United States Code, is amended by in- Administrator may authorize the employing from a location beyond the local commuting agency to establish a reasonable maximum serting after the item relating to section 5710 area of the Patent and Trademark Office the following: number of occasional visits to the pre-exist- worksite; and ing duty station before that employee is eli- ‘‘(C) the Patent and Trademark Office ap- ‘‘5711. Authority for telework travel expenses gible for payment of any accrued travel ex- proves the requested arrangement for rea- test programs.’’. penses by that agency. sons of employee convenience instead of an SEC. 4. TELEWORK RESEARCH. ‘‘(4) Nothing in this section is intended to agency need for the employee to relocate in limit the authority of any agency to conduct (a) RESEARCH BY OPM ON TELEWORK.—The order to perform duties specific to the new test programs. Director of the Office of Personnel Manage- ‘‘(c) The Administrator shall transmit a location. ment shall— copy of any test program approved by the ‘‘(4)(A) The Patent and Trademark Office (1) research the utilization of telework by Administrator under this section, and the ra- shall establish an oversight committee com- public and private sector entities that iden- tionale for approval, to the appropriate com- prising an equal number of members rep- tify best practices and recommendations for mittees of Congress at least 30 days before resenting management and labor, including the Federal Government; the effective date of the program. representatives from each collective bar- (2) review the outcomes associated with an ‘‘(d)(1) An agency authorized to conduct a gaining unit. increase in telework, including the effects of test program under subsection (b) shall pro- ‘‘(B) The oversight committee shall de- telework on energy consumption, job cre- vide to the Administrator, the Telework velop the operating procedures for the pro- ation and availability, urban transportation Managing Officer of that agency, and the ap- gram under this subsection to— patterns, and the ability to anticipate the propriate committees of Congress a report on ‘‘(i) provide for the effective and appro- dispersal of work during periods of emer- the results of the program not later than 3 priate functioning of the program; and gency; and months after completion of the program. ‘‘(ii) ensure that— (3) make any studies or reviews performed ‘‘(2) The results in a report described under ‘‘(I) reasonable technological or other al- under this subsection available to the public. ternatives to employee travel are used before paragraph (1) may include— (b) USE OF CONTRACT TO CARRY OUT RE- requiring employee travel, including tele- ‘‘(A) the number of visits an employee SEARCH.—The Director of the Office of Per- makes to the pre-existing duty station of conferencing, videoconferencing or internet- sonnel Management may carry out sub- that employee; based technologies; section (a) under a contract entered into by ‘‘(B) the travel expenses paid by the agen- ‘‘(II) the program is applied consistently the Director using competitive procedures cy; and equitably throughout the Patent and under section 303 of the Federal Property ‘‘(C) the travel expenses paid by the em- Trademark Office; and and Administrative Services Act of 1949 (41 ployee; or ‘‘(III) an optimal operating standard is de- U.S.C. 253). veloped and implemented for maximizing the ‘‘(D) any other information the agency de- (c) USE OF OTHER FEDERAL AGENCIES.—The use of the telework arrangement described termines useful to aid the Administrator, heads of Federal agencies with relevant ju- under paragraph (2) while minimizing agency Telework Managing Officer, and Congress in risdiction over the subject matters in sub- travel expenses and employee travel require- understanding the test program and the im- section (a)(2) shall work cooperatively with ments. pact of the program. the Director of the Office of Personnel Man- ‘‘(5)(A) The test program under this sub- ‘‘(e) No more than 10 test programs under agement to carry out that subsection, if the section shall be designed to enhance cost this section may be conducted simulta- Director determines that coordination is savings or other efficiencies that accrue to neously. necessary to fulfill obligations under that ‘‘(f)(1) In this subsection, the term ‘appro- the Government. subsection. priate committee of Congress’ means— ‘‘(B) The Director of the Patent and Trade- ‘‘(A) the Committee on Homeland Security mark Office shall— and Governmental Affairs of the Senate; ‘‘(i) prepare an analysis of the expected SA 4690. Mr. DURBIN (for Mr. ‘‘(B) the Committee on Oversight and Gov- costs and benefits and a set of criteria for CHAMBLISS3) proposed an amendment to ernment Reform of the House of Representa- evaluating the effectiveness of the program; the concurrent resolution S. Con. Res. tives; and 52, expressing support for the designa- ‘‘(C) the Committee on the Judiciary of the ‘‘(ii) before the test program is imple- tion of March 20 as a National Day of Senate; and mented, submit the analysis and criteria to Recognition for Long-Term Care Physi- the Administrator of General Services and to ‘‘(D) the Committee on the Judiciary of cians; as follows: the House of Representatives. the appropriate committees of Congress. ‘‘(2) The Patent and Trademark Office ‘‘(C) With respect to an employee of the On page 2, line 3, after ‘‘March 20’’ add ‘‘, shall conduct a test program under this sec- Patent and Trademark Office who volun- 2010,’’

N O T I C E Incomplete record of Senate proceedings. Except for concluding business which follows, today’s Senate proceedings will be continued in the next issue of the Record.

SOCIAL SERVICES BLOCK GRANTS The legislative clerk read as follows: tion to reconsider be laid upon the A bill (S. 3774) to extend the deadline for Mr. DURBIN. Mr. President, I ask table; and that any statements relating Social Services Block Grant expenditures of to the bill be printed in the RECORD. unanimous consent that the Com- supplemental funds appropriated following mittee on Finance be discharged from disasters occurring in 2008. The PRESIDING OFFICER. Without further consideration of S. 3774 and the There being no objection, the Senate objection, it is so ordered. Senate proceed to its immediate con- proceeded to consider the bill. The amendment (No. 4685) was agreed sideration. Mr. DURBIN. I ask unanimous con- to, as follows: The PRESIDING OFFICER. Without sent that the amendment at the desk objection, it is so ordered. The clerk be agreed to; the bill, as amended, be will report the bill by title. read a third time and passed; the mo-

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7763 (Purpose: To adjust the deadline for Social proceed to the immediate consider- proceed to the immediate consider- Services Block Grant expenditures of sup- ation of H.R. 6200, received from the ation of Calendar No. 625, S. 2847. plemental funds appropriated following House and at the desk. The PRESIDING OFFICER. The disasters occurring in 2008) The PRESIDING OFFICER. The clerk will report the bill by title. On page 2, line 2, strike ‘‘September 30, clerk will report the bill by title. The assistant legislative clerk read 2012’’ and insert ‘‘September 30, 2011’’. The assistant legislative clerk read as follows: On page 2, after line 2, insert the following: as follows: A bill (S. 2847) to regulate the volume of SEC. 2. BUDGETARY PROVISIONS. A bill (H.R. 6200) to amend part A of title audio on commercials. (a) STATUTORY PAYGO.—The budgetary ef- XI of the Social Security Act to provide for There being no objection, the Senate a 1-year extension of the authorizations for fects of this Act, for the purpose of com- proceeded to consider the bill, which plying with the Statutory Pay-As-You-Go the Work Incentives Planning and Assist- Act of 2010, shall be determined by reference ance program and the Protection and Advo- had been reported from the Committee to the latest statement titled ‘‘Budgetary cacy for Beneficiaries of Social Security pro- on Commerce, Science, and Transpor- Effects of PAYGO Legislation’’ for this Act, gram. tation, with an amendment to strike submitted for printing in the Congressional There being no objection, the Senate all after the enacting clause and insert Record by the Chairman of the Senate Budg- proceeded to consider the bill. in lieu thereof the following: et Committee, provided that such statement Mr. DURBIN. I ask unanimous con- SECTION 1. SHORT TITLE. has been submitted prior to the vote on pas- sent that the bill be read three times, This Act may be cited as the ‘‘Commercial Ad- sage. passed, the motion to reconsider be vertisement Loudness Mitigation Act’’ or the (b) EMERGENCY DESIGNATIONS.—This Act— laid upon the table, and any state- ‘‘CALM Act’’. (1) is designated as an emergency requirements related to the bill be printed at SEC. 2. RULEMAKING ON LOUD COMMERCIALS ment pursuant to section 4(g) of the Statu- REQUIRED. this point in the RECORD, with no inter- tory Pay-As-You-Go Act of 2010 (Public Law (a) RULEMAKING REQUIRED.—Within 1 year 111–139; 2 U.S.C. 933(g)); vening action or debate. The PRESIDING OFFICER. Without after the date of enactment of this Act, the Fed- (2) in the House of Representatives, is des- eral Communications Commission shall prescribe ignated as an emergency for purposes of pay- objection, it is so ordered. pursuant to the Communications Act of 1934 (47 as-you-go principles; and The bill (H.R. 6200) was ordered to a U.S.C. 151 et seq.) a regulation that is limited to (3) in the Senate, is designated as an emer- third reading, was read the third time, incorporating by reference and making manda- gency requirement and necessary to meet and passed. tory (subject to any waivers the Commission emergency needs pursuant to section 403(a) f may grant) the ‘‘Recommended Practice: Tech- of S. Con. Res. 13 (111th Congress), the con- niques for Establishing and Maintaining Audio current resolution on the budget for fiscal HOH INDIAN TRIBE SAFE Loudness for Digital Television’’ (A/85), and year 2010. HOMELANDS ACT any successor thereto, approved by the Ad- The bill (S. 3774), as amended, was or- Mr. DURBIN. Mr. President, I ask vanced Television Systems Committee, only inso- dered to be engrossed for a third read- unanimous consent that the Senate far as such recommended practice concerns the ing, was read the third time, and proceed to the immediate consider- transmission of commercial advertisements by a passed, as follows: ation of Calendar No. 422, H.R. 1061. television broadcast station, cable operator, or other multichannel video programming dis- S. 3774 The PRESIDING OFFICER. The tributor. Be it enacted by the Senate and House of Rep- clerk will report the bill by title. (b) IMPLEMENTATION.— resentatives of the United States of America in The assistant legislative clerk read (1) EFFECTIVE DATE.—The Federal Commu- Congress assembled, as follows: nications Commission shall prescribe that the SECTION 1. EXTENSION OF EXPENDITURE DEAD- A bill (H.R. 1061) to transfer certain land to regulation adopted pursuant to subsection (a) LINE OF SOCIAL SERVICES BLOCK the United States to be held in trust for the shall become effective 1 year after the date of its GRANT DISASTER FUNDING. Hoh Indian Tribe, to place land into trust for adoption. Notwithstanding any other provision of the Hoh Indian Tribe, and for other purposes. (2) WAIVER.—For any television broadcast sta- law, amounts made available to the Depart- There being no objection, the Senate tion, cable operator, or other multichannel video ment of Health and Human Services, Admin- proceeded to consider the bill. programming distributor that demonstrates that istration for Children and Families, under Mr. DURBIN. Mr. President, I further obtaining the equipment to comply with the reg- the heading ‘‘Social Services Block Grant’’ ask unanimous consent that the Cant- ulation adopted pursuant to subsection (a) would result in financial hardship, the Federal under chapter 7 of division B of Public Law well amendment, which is at the desk, 110–329, shall remain available for expendi- Communications Commission may grant a waiv- ture through September 30, 2011. be agreed to; the bill, as amended, be er of the effective date set forth in paragraph (1) read a third time and passed; the mo- SEC. 2. BUDGETARY PROVISIONS. for 1 year and may renew such waiver for 1 ad- tion to reconsider be laid upon the (a) STATUTORY PAYGO.—The budgetary ef- ditional year. fects of this Act, for the purpose of com- table with no intervening action or de- (3) WAIVER AUTHORITY.—Nothing in this sec- plying with the Statutory Pay-As-You-Go bate; and that any statements relating tion affects the Commission’s authority under Act of 2010, shall be determined by reference to the bill be printed in the RECORD. section 1.3 of its rules (47 C.F.R. 1.3) to waive to the latest statement titled ‘‘Budgetary The PRESIDING OFFICER. Without any rule required by this Act, or the application Effects of PAYGO Legislation’’ for this Act, objection, it is so ordered. of any such rule, for good cause shown to a tel- submitted for printing in the Congressional The amendment (No. 4686) was agreed evision broadcast station, cable operator, or Record by the Chairman of the Senate Budg- to, as follows: othermultichannel video programming dis- et Committee, provided that such statement tributor, or to a class of such stations, operators (Purpose: To make a technical correction) or distributors. has been submitted prior to the vote on pas- On page 4, lines 8 through 10, strike ‘‘upon sage. (c) DEFINITIONS.—For purposes of this sec- compliance with the National Environ- tion— (b) EMERGENCY DESIGNATIONS.—This Act— mental Policy Act of 1969’’ and insert ‘‘in ac- (1) the term ‘‘television broadcast station’’ has (1) is designated as an emergency require- cordance with the regulations of the Depart- the meaning given such term in section 325 of ment pursuant to section 4(g) of the Statu- ment of the Interior for implementing the the Communications Act of 1934 (47 U.S.C. 325); tory Pay-As-You-Go Act of 2010 (Public Law National Environmental Policy Act of 1969 and 111–139; 2 U.S.C. 933(g)); (42 U.S.C. 4321 et seq.) that are applicable to (2) the terms ‘‘cable operator’’ and ‘‘multi- (2) in the House of Representatives, is des- trust land acquisitions for Indian tribes that channel video programming distributor’’ have ignated as an emergency for purposes of pay- are mandated by Federal legislation,’’. the meanings given such terms in section 602 of as-you-go principles; and On page 8, strike lines 14 through 19 and in- the Communications Act of 1934 (47 U.S.C. 522). (3) in the Senate, is designated as an emer- sert the following: Mr. DURBIN. Mr. President, I further gency requirement and necessary to meet SEC. 5. GAMING PROHIBITION. emergency needs pursuant to section 403(a) The amendment was ordered to be ask unanimous consent that the of S. Con. Res. 13 (111th Congress), the con- engrossed and the bill to be read a amendment, which is at the desk, be current resolution on the budget for fiscal third time. agreed to; the committee-reported sub- year 2010. The bill (H.R. 1061), as amended, was stitute amendment, as amended, be f read the third time, and passed. agreed to; the bill, as amended, be read f a third time and passed; and that any WIPA AND PABSS EXTENSION ACT statements related to the bill be print- OF 2010 CALM ACT ed in the RECORD. Mr. DURBIN. Mr. President, I ask Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent that the Senate unanimous consent that the Senate objection, it is so ordered.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7764 CONGRESSIONAL RECORD — SENATE September 29, 2010 The amendment (No. 4687) was agreed THE CALENDAR There being no objection, the Senate to, as follows: Mr. DURBIN. Mr. President, I ask proceeded to consider the bill, which (Purpose: To deem operators and distributors unanimous consent that the Senate had been reported from the Committee who maintain equipment and software in proceed to the following postal naming on Commerce, Science, and Transpor- compliance with the FCC regulations to be bills en bloc: Calendar Nos. 629 through tation, with amendments; as follows: in compliance with those regulations) 632. (The parts of the bill intended to be In lieu of the matter proposed to be in- The PRESIDING OFFICER. Without stricken are shown in boldface brack- serted, insert the following: objection, it is so ordered. ets and the parts of the bill intended to SECTION 1. SHORT TITLE. The Senate proceeded to consider the be inserted are shown in italics.) This Act may be cited as the ‘‘Commercial S. 685 Advertisement Loudness Mitigation Act’’ or bills. Be it enacted by the Senate and House of Rep- the ‘‘CALM Act’’. Mr. DURBIN. I ask unanimous consent that the bills be read a third time resentatives of the United States of America in SEC. 2. RULEMAKING ON LOUD COMMERCIALS Congress assembled, REQUIRED. and passed en bloc; the motions to re- SECTION 1. SHORT TITLE. (a) RULEMAKING REQUIRED.—Within 1 year consider be laid upon the table en bloc after the date of enactment of this Act, the with no intervening action or debate; This Act may be cited as the ‘‘Oil Spill Prevention Act of 2009’’. Federal Communications Commission shall and that any statements relating to SEC. 2. OIL FUEL TANK PROTECTION. prescribe pursuant to the Communications the bills be printed in the RECORD. Section 3306 of title 46, United States Code, Act of 1934 (47 U.S.C. 151 et seq.) a regulation The PRESIDING OFFICER. Without that is limited to incorporating by reference is amended by adding at the end the fol- and making mandatory (subject to any waiv- objection, it is so ordered. lowing new subsection: ers the Commission may grant) the ‘‘Rec- f ‘‘(k)(1) Each vessel of the United States ommended Practice: Techniques for Estab- that is constructed under a contract entered ANTHONY J. CORTESE POST into after the date of enactment of the Oil lishing and Maintaining Audio Loudness for OFFICE BUILDING Digital Television’’ (A/85), and any successor Spill Prevention Act of 2009, or that is deliv- thereto, approved by the Advanced Tele- The bill (H.R. 4543) to designate the ered after August 1, 2010, with an aggregate vision Systems Committee, only insofar as facility of the United States Postal capacity of 600 cubic meters or more of oil such recommended practice concerns the Service located at 4285 Payne Avenue fuel, shall comply with the requirements of transmission of commercial advertisements Regulation 12A under Annex I to the Pro- in San Jose, California, as the ‘‘An- tocol of 1978 relating to the International by a television broadcast station, cable oper- thony J. Cortese Post Office Building’’, ator, or other multichannel video program- Convention for the Prevention of Pollution ming distributor. was ordered to a third reading, read the from Ships, 1973, entitled ‘Oil Fuel Tank Pro- (b) IMPLEMENTATION.— third time, and passed. tection.’. (1) EFFECTIVE DATE.—The Federal Commu- f ‘‘(2) The Secretary may prescribe regula- nications Commission shall prescribe that tions to apply the requirements described in the regulation adopted pursuant to sub- JOYCE ROGERS POST OFFICE Regulation 12A to vessels described in para- section (a) shall become effective 1 year after BUILDING graph (1) that are not otherwise subject to the date of its adoption. The bill (H.R. 5341) to designate the that convention. (2) WAIVER.—For any television broadcast ‘‘(3) In this subsection the term ‘oil fuel’ facility of the United States Postal means any oil used as fuel in connection station, cable operator, or other multi- Service located at 100 Orndorf Drive in channel video programming distributor that with the propulsion and auxiliary machinery demonstrates that obtaining the equipment Brighton, Michigan, as the ‘‘Joyce of the vessel in which such oil is carried.’’. to comply with the regulation adopted pur- Rogers Post Office Building’’, was or- SEC. 3. MARITIME EMERGENCY PREVENTION. suant to subsection (a) would result in finan- dered to a third reading, read the third (a) IN GENERAL.—Section 4(b) of the Ports cial hardship, the Federal Communications time, and passed. and Waterways Safety Act of 1972 (33 U.S.C. Commission may grant a waiver of the effec- f 1223(b)) is amended— tive date set forth in paragraph (1) for 1 year (1) by striking ‘‘operate or’’ and inserting and may renew such waiver for 1 additional JOHN DONAFEE POST OFFICE ‘‘operate, including direction to change the year. BUILDING vessel’s heading and speed, or’’; and (3) WAIVER AUTHORITY.—Nothing in this The bill (H.R. 5390) to designate the (2) by inserting ‘‘emergency or’’ after section affects the Commission’s authority ‘‘other’’ in paragraph (3). facility of the United States Postal under section 1.3 of its rules (47 C.F.R. 1.3) to (b) REVISION OF VTS POLICY.—The Sec- waive any rule required by this Act, or the Service located at 13301 Smith Road in retary of the department in which the Coast application of any such rule, for good cause Cleveland, Ohio, as the ‘‘David John guard is operating shall— shown to a television broadcast station, Donafee Post Office Building’’, was or- (1) provide guidance to all vessel traffic cable operator, or other multichannel video dered to a third reading, read the third personnel that clearly defines the use of au- programming distributor, or to a class of time, and passed. thority to direct or control vessel movement such stations, operators, or distributors. when such direction or control is justified in f (c) COMPLIANCE.—Any broadcast television the interest of safety; and operator, cable operator, or other multi- TOM BRADLEY POST OFFICE (2) require vessel traffic personnel commu- channel video programming distributor that BUILDING nications to identify the vessel, rather than installs, utilizes, and maintains in a com- the pilot, when vessels are operating in ves- mercially reasonable manner the equipment The bill (H.R. 5450) to designate the sel traffic service pilotage areas. and associated software in compliance with facility of the United States Postal (c) ADEQUACY OF VTS LOCATIONS AND IN- the regulations issued by the Federal Com- Service located at 3894 Crenshaw Bou- FRASTRUCTURE.— munications Commission in accordance with levard in Los Angeles, California, as (1) IN GENERAL.—The Secretary of the de- subsection (a) shall be deemed to be in com- the ‘‘Tom Bradley Post Office build- partment in which the Coast Guard is oper- pliance with such regulations. ing’’, was ordered to a third reading, ating shall continue to conduct individual (d) DEFINITIONS.—For purposes of this sec- read the third time, and passed. port and waterway safety assessments under tion— the Ports and Waterways Safety Act of 1972 (1) the term ‘‘television broadcast station’’ f (33 U.S.C. 1221 et seq.) to determine and has the meaning given such term in section OIL SPILL PREVENTION ACT OF prioritize the United States ports, water- 325 of the Communications Act of 1934 (47 2009 ways, and channels that are in need of new, U.S.C. 325); and expanded, or improved vessel traffic manage- (2) the terms ‘‘cable operator’’ and ‘‘multi- Mr. DURBIN. Mr. President, I ask ment risk mitigation measures, including channel video programming distributor’’ unanimous consent that the Senate vessel traffic service systems, by evalu- have the meanings given such terms in sec- proceed to the immediate consider- ating— tion 602 of Communications Act of 1934 (47 ation of Calendar No. 77, S. 685. (A) the nature, volume, and frequency of U.S.C. 522). The PRESIDING OFFICER. The vessel traffic; The committee amendment, as clerk will report the bill by title. (B) the risks of collisions, allisions, spills, amended, was agreed to. and other maritime mishaps associated with The assistant legislative clerk read that traffic; The bill (S. 2847), as amended, was or- as follows: (C) the projected impact of installation, dered to be engrossed for a third read- A bill (S. 685) to require new vessels car- expansion, or improvement of a vessel traffic ing, was read the third time, and rying oil fuel to have double hulls, and for service system or other risk mitigation passed. other purposes. measures; and

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7765 (D) any other relevant data. to any administrative standards of conduct as required under regulations established by (2) ANALYSES.—Based on the results of the applicable to the employees of the depart- the Secretary; and assessments under paragraph (1), the Sec- ment in which the Coast Guard is operating. ‘‘(F) periodically review a representative retary shall identify the requirements for ‘‘(C) COMPENSATION; REIMBURSEMENT.—Ex- sample of the medical examiners’ reports as- necessary expansion, improvement, or concept for the chief medical examiner, mem- sociated with the name and numerical iden- struction of buildings, networks, commu- bers of the Committee shall serve without tifiers of applicants transmitted under sub- nications, or other infrastructure to improve compensation, except that, while engaged in paragraph (E) for errors, omissions, or other the effectiveness of existing vessel traffic the performance of duties away from their indications of improper certification. service systems, or necessary to support rec- homes or regular places of business of the ‘‘(2) MONITORING PERFORMANCE.—The Sec- ommended new vessel traffic service sys- member, the member of the Committee may retary shall investigate patterns of errors or tems, including all necessary costs for con- be allowed travel expenses, including per improper evaluation by medical examiners. struction, reconstruction, expansion, or im- diem in lieu of subsistence, as authorized by If the Secretary finds that a medical exam- provement. section 5703 of title 5. iner has evaluated a merchant mariner as (3) PERSONNEL.—The Secretary shall— ‘‘(b) APPOINTMENTS; TERMS; VACANCIES; OR- being fit for seagoing service who fails other- (A) review and validate the recruiting, re- GANIZATION.— wise to meet the applicable standards at the tention, training, and expansion of the vessel ‘‘(1) APPOINTMENT.—The Secretary shall time of the examination or that a medical traffic service personnel workforce necessary appoint the members of the Committee, and examiner has falsely claimed to have com- to maintain the effectiveness of existing ves- each member shall serve at the pleasure of pleted training in physical and medical ex- sel traffic service systems and to support the Secretary. amination standards as required by this sec- any expansion or improvement identified by ‘‘(2) TERM OF OFFICE.—The members shall tion, the Secretary may remove the name of the Secretary under this section; and be appointed for a term of 4 years, except such medical examiner from the registry and (B) require basic navigation training for that, of the members first appointed, 4 mem- may void the medical examinations of the vessel traffic service watchstander per- bers shall be appointed for a term of 2 years applicant or holder. ‘‘(e) NATIONAL REGISTRY OF MEDICAL EXAM- sonnel— and 4 members shall be appointed for a term INERS.—The Secretary, acting through the (i) to support and complement the existing of 1 year. Commandant of the Coast Guard— mission of the vessel traffic service to mon- ‘‘(3) VACANCIES.—Any member appointed to ‘‘(1) shall establish and maintain a current itor and assess vessel movements within a fill the vacancy prior to the expiration of the national registry of medical examiners who vessel traffic service Area; term for which such member’s predecessor are qualified to perform examinations; (ii) to exchange information regarding ves- was appointed shall be appointed for the re- ‘‘(2) shall accept as valid only examina- sel movements with vessel and shore-based mainder of such term. tions by persons on the national registry of personnel; and ‘‘(4) CHAIRMAN; VICE CHAIRMAN.—The Sec- medical examiners; (iii) to provide advisories to vessel mas- retary shall designate 1 member other than ‘‘(3) shall remove from the registry the ters. the chief medical examiner as the Chairman name of any medical examiner who fails to (4) REPORT.—Within 1 year after the date of and 1 member other than the chief medical meet or maintain the qualifications estab- enactment of this Act, the Secretary shall examiner as the Vice Chairman. The Vice lished by the Secretary for being listed in submit to the Congress a report consoli- Chairman shall act as Chairman in the ab- the registry or otherwise does not meet the dating the results of the analyses under sence or incapacity of, or in the event of a requirements of this section or a regulation paragraph (2), together with recommenda- vacancy in the office of, the Chairman. issued under this section; tions for implementing the study results. ‘‘(5) STAFF; SERVICES.—The Secretary shall ‘‘(4) may make participation of medical ex- SEC. 4. MERCHANT MARINER MEDICAL ADVI- furnish to the Committee the personnel and aminers in the national registry voluntary if SORY COMMITTEE, MEDICAL STAND- services as are considered necessary for the such a change will enhance the safety of ARDS, AND MEDICAL REQUIRE- conduct of its business. MENTS. merchant mariners holding United States ‘‘(6) MEETINGS.—No later than 6 months Coast Guard credentials; and (a) IN GENERAL.—Chapter 71 of title 46, after the date of enactment of the Oil Spill ‘‘(5) may include in the registry estab- United States Code, is amended by adding at Prevention Act of 2009, the Committee shall lished under paragraph (1) licensed physi- the end thereof the following: hold its first meeting and shall meet at least cians who are certified by the Secretary of ‘‘§ 7115. Merchant mariner medical advisory once each fiscal year. Transportation to perform medical examina- committee, medical standards, and medical ‘‘(c) CHIEF MEDICAL EXAMINER.—The Sec- tions of operators of commercial motor vehi- requirements retary shall appoint an employee of the cles under section 31149 of title 49 and air- ‘‘(a) ESTABLISHMENT.— Coast Guard who will serve as a chief med- men. ‘‘(1) IN GENERAL.—There is established a ical examiner and who shall hold a position ø‘‘(f) MEDICAL EXAMINER DEFINED.—In this Merchant Mariner Medical Advisory Com- under section 3104 of title 5 relating to em- section, the term ‘medical examiner’ means mittee. ployment of specially qualified scientific and an individual registered in accordance with ‘‘(2) FUNCTIONS.—The Committee shall— professional personnel, and shall be paid the regulations issued by the Secretary as a ‘‘(A) advise the Secretary on matters relat- under section 5376 of title 5, relating to pay medical examiner.¿ ing to— for certain senior-level positions. ‘‘(f) USE OF MEDICAL EXAMINERS NOT ON THE ‘‘(i) medical certification determinations ‘‘(d) MEDICAL STANDARDS AND REQUIRE- NATIONAL REGISTRY.—The Secretary shall ac- for issuance of merchant mariner creden- MENTS.— cept examinations of merchant mariners con- tials; ‘‘(1) IN GENERAL.—The Secretary, with the ducted by medical examiners not listed on the ‘‘(ii) medical standards and guidelines for advice of the Committee , shall— national registry if such examinations meet the physical qualifications of operators of ‘‘(A) establish, review, and revise— specifications (including standards of review) commercial vessels; ‘‘(i) medical standards for merchant mari- established by the Secretary in consultation ‘‘(iii) medical examiner education; and ners that will ensure that the physical condi- with the Merchant Mariner Medical Advisory ‘‘(iv) medical research; and, tion of merchant mariners is adequate to en- Committee. ‘‘(B) develop, as appropriate, specific able them to safely carry out their duties on ‘‘(g) MEDICAL EXAMINER DEFINED.—In this courses and materials to be used by medical board vessels; and section, the term ‘medical examiner’ means a li- examiners listed in the national registry es- ‘‘(ii) requirements for periodic physical ex- censed physician, physician’s assistant, or tablished under this section. aminations of such merchant mariners per- nurse practitioner who complies with the regu- ‘‘(3) MEMBERSHIP.— formed by a medical examiner who has, at a lations issued by the Secretary for medical ex- ‘‘(A) IN GENERAL.—The Committee shall minimum, self-certified that he or she has aminers conducting examinations of merchant consist of the chief medical examiner and— completed training in physical and medical mariners. ‘‘ø(g)¿ (h) COORDINATION.—The Secretary, ‘‘(i) 10 individuals who are health-care pro- examination standards and is listed on a reg- in coordination with the Secretary of Trans- fessionals with particular expertise, knowl- istry of medical examiners maintained in ac- portation, shall utilize the systems, proc- edge, or experience regarding the medical ex- cordance with subsection (e) of this section; esses, and procedures established for the ad- aminations of merchant mariners or occupa- ‘‘(B) require each merchant mariner to ministration of the Federal Motor Carrier tional medicine; and have a current valid physical examination; Safety Administration’s Medical Program ‘‘(ii) 4 individuals who are professional ‘‘(C) conduct periodic reviews of a select authorized under section 31149 of title 49 and mariners with knowledge and experience in number of medical examiners on the na- the Federal Aviation Administration’s Office mariner occupational requirements. tional registry to ensure that proper exami- of Aerospace Medicine authorized under sec- ‘‘(B) STATUS OF MEMBERS.—Except for the nations of merchant mariners are being con- tion 44702 of that title where synergies exist chief medical examiner, members of the ducted; between such systems, processes, and proce- Committee shall not be considered Federal ‘‘(D) require each such medical examiner dures. employees or otherwise in the service or the to, at a minimum, self-certify that he or she ‘‘ø(h)¿ (i) REGULATIONS.—The Secretary employment of the Federal Government, ex- has completed specific training, including re- may issue such regulations as may be nec- cept that members shall be considered spe- fresher courses, to be listed in the registry; essary to carry out this section.’’. cial Government employees, as defined in ‘‘(E) require medical examiners to submit (b) CLERICAL AMENDMENT.—The chapter section 202(a) of title 18 and shall be subject all completed medical examination reports analysis for chapter 71 of title 46, United

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States Code, is amended by adding at the end and the National Transportation Safety (b) DURATION OF LICENSES.—Section 7106 of the following: Board with particular attention to— such title is amended to read as follows: ‘‘7115. Merchant mariner medical advisory (1) preventing marine casualties and ‘‘§ 7106. Duration of licenses committee, medical standards, threats to the environment; ‘‘(a) IN GENERAL.—A license issued under and medical requirements.’’. (2) minimizing the impacts of marine cas- this part is valid for a 5-year period and may SEC. 5. STUDY OF MARINE CASUALTY CAUSA- ualties and environmental threats; and be renewed for additional 5-year periods; ex- TION. (3) maximizing the number of lives saved, cept that the validity of a license issued to (a) OBJECTIVES.—The Secretary of the de- the amount of property saved, and the envi- a radio officer is conditioned on the contin- partment in which the Coast Guard is oper- ronment protected in the event of a marine uous possession by the holder of a first-class ating shall conduct a comprehensive study casualty. or second-class radiotelegraph operator li- that will identify data requirements and col- (e) PUBLIC COMMENT.—The Secretary shall cense issued by the Federal Communications lection procedures, reports, and other meas- make available for public comment informa- Commission. tion about the objectives, methodology, im- ures that will improve the department’s abil- ‘‘(b) ADVANCE RENEWALS.—A renewed li- plementation, findings, and other aspects of ity— cense issued under this part may be issued the study. (1) to determine the causes of, and contrib- up to 8 months in advance but is not effec- (f) REPORTS.— uting factors (including fatigue) to, marine tive until the date that the previously issued (1) IN GENERAL.—The Secretary shall casualties; license expires.’’. promptly transmit to Congress the results of (c) CERTIFICATES OF REGISTRY.—Section (2) to prevent marine casualties and the study, together with any legislative rec- 7107 of such title is amended to read as fol- threats to the environment; ommendations. lows: (3) to minimize the impacts of marine cas- (2) REVIEW AND UPDATE.—The Secretary ‘‘§ 7107. Duration of certificates of registry ualties and environmental threats; shall review the study at least once every 5 (4) to maximize the lives and property ‘‘(a) IN GENERAL.—A certificate of registry years and update the study and report as issued under this part is valid for a 5-year pe- saved and environment protected in the necessary. event of a marine casualty; riod and may be renewed for additional 5- SEC. 6. COAST GUARD STUDY ON USE OF TRAC- year periods; except that the validity of a (5) to evaluate future marine casualties; TOR TUGS. (6) to monitor trends to identify causes and certificate issued to a medical doctor or pro- (a) STUDY.—The Commandant of the Coast fessional nurse is conditioned on the contin- contributing factors; and Guard shall conduct a comprehensive review (7) to develop effective safety improvement uous possession by the holder of a license as of existing studies of the need for tractor tug a medical doctor or registered nurse, respec- policies, including workload, manning and escorts to be used by vessels carrying petro- medical review provisions, and programs. tively, issued by a State. leum products or with large supplies of fuel ‘‘(b) ADVANCE RENEWALS.—A renewed cer- (b) DESIGN.—The study shall employ stand- onboard in the 5 largest United States ports, ard research methods and statistical anal- tificate of registry issued under this part by volume of petroleum product, where the may be issued up to 8 months in advance but ysis and be designed to yield information use of such tugs by those vessels is not oth- that øwill—¿ will help the department assess is not effective until the date that the pre- erwise required by State law or Captain-of- viously issued certificate of registry ex- the role that human factors, mechanical or the-Port order, identify any gaps or other pires.’’. equipment failure, and environmental factors unaddressed issues, and conduct a study play in marine casualty causation. Among other SEC. 9. AUTHORIZATION TO EXTEND THE DURA- that— TION OF LICENSES, CERTIFICATES issues, the study will— (1) consolidates the information contained OF REGISTRY, AND MERCHANT (1) help the department assess the role that in the existing studies and addresses any MARINERS’ DOCUMENTS. workload and fatigue play in marine cas- such gaps or issues that need to be addressed; (a) MERCHANT MARINER LICENSES AND DOC- ualty causation; and UMENTS.—Chapter 75 of title 46, United (2) help the department assess the role that (2) to the extent such issues are not satis- States Code, is amended by adding at the end manning, particularly a one man bridge op- factorily addressed in the existing studies, the following: eration, plays in marine casualty causation; includes— ‘‘§ 7507. Authority to extend the duration of li- (3) help the department assess the role that (A) an evaluation of the necessary power censes, certificates of registry, and mer- the medical condition of merchant mariners requirements of such tractor tug escorts; chant mariner documents plays in marine casualty causation; (B) an analysis of the appropriate passages ‘‘(a) LICENSES AND CERTIFICATES OF REG- (4) help the department assess the efficacy of for the use of such tractor tug escorts; ISTRY.—Notwithstanding sections 7106 and safety management systems in preventing ma- (C) an inventory and analysis of the exist- 7107, the Secretary of the department in rine casualties; ing use of tractor tug escorts in United ø ¿ which the Coast Guard is operating may ex- (4) (5) help the department to identify ac- States ports; and tend for up to one year an expiring license or tivities and other measures likely to lead to (D) an analysis of which vessel types in the certificate of registry issued for an indi- significant reductions in the frequency and ports studied should be required to have vidual under chapter 71 if the Secretary de- severity of marine casualties; and tractor tug escorts and a statement of the termines that extension is required— ø ¿ (5) (6) to the extent practicable, rank reason for recommending such a require- ‘‘(1) to enable the Coast Guard to eliminate such activities and measures by the reduc- ment. a backlog in processing applications for tions each would likely achieve if imple- (b) REPORT.—Within 1 year after the date those licenses or certificates of registry; mented. of enactment of this Act, the Commandant ‘‘(2) because necessary records have been (c) CONSULTATION.—In designing and con- shall submit the report, together with any destroyed or are unavailable due to a natural ducting the study, the Secretary shall— findings, conclusions, and recommendations disaster; or (1) consult with persons with expertise on the Commandant deems appropriate, to the ‘‘(3) to align the expiration date of a li- marine casualty causation and prevention; Senate Committee on Commerce, Science, cense or certificate of registry with the expi- (2) consult with merchant mariners, ship and Transportation. ration date of a transportation worker iden- managers, professional maritime associa- SEC. 7. TRAINED POLLUTION INVESTIGATORS. tification credential under section 70501. tions, human factors professionals, occupa- To the extent practicable, the Com- ‘‘(b) MERCHANT MARINER DOCUMENTS.—Not- tional medicine specialists, and providers of mandant of the Coast Guard shall ensure withstanding section 7302(g), the Secretary medical review services to the maritime in- that there is at least 1 trained and experi- may extend for one year an expiring mer- dustry; enced pollution investigator on duty, or in chant mariner’s document issued for an indi- (3) consult with Federal advisory committees, an on-call status, at all times for each Coast vidual under chapter 71 if the Secretary de- including the Merchant Marine Personnel Advi- Guard Sector Command. termines that extension is required— sory Committee and the Towing Safety Advisory SEC. 8. DURATION OF CREDENTIALS. ‘‘(1) to enable the Coast Guard to eliminate Committee; (a) MERCHANT MARINER’S DOCUMENTS.— a backlog in processing applications for ø(3)¿ (4) consult with academic institu- Section 7302(f) of title 46, United States those licenses or certificates of registry; tions, domestic and foreign, with particular Code, is amended to read as follows: ‘‘(2) because necessary records have been experience and expertise in workload and fa- ‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF destroyed or are unavailable due to a natural tigue, safe manning, and the medical condi- MERCHANT MARINERS’ DOCUMENTS.— disaster; or tion of merchant mariners in the maritime ‘‘(1) IN GENERAL.—Except as provided in ‘‘(3) to align the expiration date of a li- øenvironment;¿ environment and safety man- subsection (g), a merchant mariner’s docu- cense or certificate of registry with the expi- agement systems; and ment issued under this chapter is valid for a ration date of a transportation worker iden- ø(4)¿ (5) review the relevant literature 5-year period and may be renewed for addi- tification credential under section 70501. available on previous studies from domestic tional 5-year periods. ‘‘(c) MANNER OF EXTENSION.—Any exten- and foreign sources. ‘‘(2) ADVANCE RENEWALS.—A renewed mer- sions granted under this section may be (d) COMPARISON WITH NTSB.—The Sec- chant mariner’s document may be issued granted to individual seamen or a specifi- retary shall, in cooperation with the Chair- under this chapter up to 8 months in advance cally identified group of seamen. man of the National Transportation Safety but is not effective until the date that the ‘‘(d) EXPIRATION OF AUTHORITY.—The au- Board, compare and contrast the procedures previously issued merchant mariner’s docu- thority for providing an extension under this and processes employed by the Coast Guard ment expires.’’. section shall expire on December 31, 2011.’’.

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(b) CLERICAL AMENDMENT.—The chapter ‘‘(A) to pay, in whole or in part, without thorized by the Secretary of the Treasury analysis for such chapter is amended by add- further appropriation and without fiscal year under section 9305 of title 31 to provide suring at the end the following: limitation, from amounts in the Fund, nec- ety bonds under section 9304 of that title. ‘‘7507. Authority to extend the duration of li- essary support of— ‘‘(2) APPLICATION.—The authority to re- censes, certificates of registry, ‘‘(i) any seafarer who enters, remains, or quire a bond or a surety satisfactory or to re- and merchant mariner docu- has been paroled into the United States and quest the withholding or revocation of the ments.’’. is involved in an investigation, reporting, clearance required under section 60105 of this SEC. 10. PROTECTION AND FAIR TREATMENT OF documentation, or adjudication of any mat- title applies to any investigation, reporting, SEAFARERS. ter that is related to the administration or documentation, or adjudication of any mat- (a) IN GENERAL.—Chapter 111 of title 46, enforcement of any treaty, law, or regula- ter that is related to the administration or United States Code, is amended by adding at tion by the Coast Guard; and enforcement of any treaty, law, or regula- the end the following new section: ‘‘(ii) any seafarer whom the Secretary tion by the Coast Guard. finds to have been abandoned in the United ‘‘(f) DEFINITIONS.—In this section: ‘‘§ 11113. Protection and fair treatment of sea- States; and ‘‘(1) ABANDONS; ABANDONED.—The term farers ‘‘(B) to reimburse, in whole or in part, ‘abandons’ or ‘abandoned’ means a ship- ‘‘(a) PURPOSE.—The purpose of this section without further appropriation and without owner’s unilateral severance of ties with a is to ensure the protection and fair treat- fiscal year limitation, from amounts in the seafarer or the shipowner’s failure to provide ment of seafarers. Fund, a shipowner, who has filed a bond or necessary support of a seafarer. ‘‘(b) FUND.— surety satisfactory pursuant to subpara- ‘‘(2) BOND OR SURETY SATISFACTORY.—The ‘‘(1) ESTABLISHMENT.—There is established graph (A) and provided necessary support of term ‘bond or surety satisfactory’ means a in the Treasury a special fund known as the a seafarer who has been paroled into the negotiated instrument, the terms of which ‘Support of Seafarers Fund’. United States to facilitate an investigation, may, at the discretion of the Secretary, in- ‘‘(2) USE OF AMOUNTS IN FUND.—The reporting, documentation, or adjudication of clude provisions that require the shipowner amounts covered into the Fund shall be any matter that is related to the administra- to— available to the Secretary, without further tion or enforcement of any treaty, law, or ‘‘(A) provide necessary support of a sea- appropriation and without fiscal year limita- regulation by the Coast Guard, for costs of farer who has or may have information perti- tion, to— necessary support, when the Secretary nent to an investigation, reporting, docu- ‘‘(A) pay necessary support, pursuant to deems reimbursement necessary to avoid se- mentation, or adjudication of any matter subsection (c)(1)(A) of this section; and rious injustice. that is related to the administration or en- ‘‘(B) reimburse a shipowner for necessary ‘‘(2) LIMITATION.—Nothing in this section forcement of any treaty, law, or regulation support, pursuant to subsection (c)(1)(B) of shall be construed— by the Secretary; this section. ‘‘(A) to create a right, benefit, or entitle- ‘‘(B) facilitate an investigation, reporting, ‘‘(3) AMOUNTS CREDITED TO FUND.—Notwith- ment to necessary support; or documentation, or adjudication of any mat- standing any other provision of law, the ‘‘(B) to compel the Secretary to pay, or re- ter that is related to the administration or Fund may receive— imburse the cost of, necessary support. enforcement of any treaty, law, or regula- ‘‘(A) any moneys ordered to be paid to the ‘‘(d) REIMBURSEMENTS; RECOVERY.— tion by the Secretary; Fund in the form of community service pur- ‘‘(1) IN GENERAL.—Any shipowner shall re- ‘‘(C) stipulate to certain incontrovertible suant to section ø8B1.3 of the United States imburse the Fund an amount equal to the facts, including, but not limited to, the own- Sentencing Guidelines or otherwise;¿ 3563(b) total amount paid from the Fund for nec- ership or operation of the vessel, or the au- of title 18; essary support of the seafarer, plus a sur- thenticity of documents and things from the ‘‘(B) amounts reimbursed or recovered pur- charge of 25 percent of such total amount vessel; suant to subsection (d) of this section; if— ‘‘(D) facilitate service of correspondence ‘‘(C) amounts appropriated to the Fund ‘‘(A)(i) the shipowner, during the course of and legal papers; pursuant to subsection (g) of this section; an investigation, reporting, documentation, ‘‘(E) enter an appearance in United States and or adjudication of any matter that the Coast district court; ‘‘(D) appropriations available to the Sec- Guard referred to a United States Attorney ‘‘(F) comply with directions regarding pay- retary for transfer. or the Attorney General, fails to provide nec- ment of funds; ‘‘(4) PREREQUISITE FOR COMMUNITY SERVICE essary support of a seafarer who has been pa- ‘‘(G) name an agent in the United States CREDITS.—The Fund may receive credits pur- roled into the United States to facilitate the for service of process; suant to paragraph (3)(A) of this subsection investigation, reporting, documentation, or ‘‘(H) make stipulations as to the authen- only when the unobligated balance of the adjudication; and ticity of certain documents in United States Fund is less than $5,000,000. ‘‘(ii) a criminal penalty is subsequently district court; ‘‘(5) REPORT REQUIRED.— imposed against the shipowner; or ‘‘(I) provide assurances that no discrimina- ‘‘(A) Except as provided in subparagraph ‘‘(B) the shipowner, under any cir- tory or retaliatory measures will be taken (B) of this paragraph, the Secretary shall not cumstance, abandons a seafarer in the against a seafarer involved in an investiga- obligate any amount in the Fund in a given United States, as decided by the Secretary. tion, reporting, documentation, or adjudica- fiscal year unless the Secretary has sub- ‘‘(2) ENFORCEMENT.—If a shipowner fails to tion of any matter that is related to the ad- mitted to Congress, concurrent with the reimburse the Fund as required under para- ministration or enforcement of any treaty, President’s budget submission for that fiscal graph (1) of this subsection, the Secretary law, or regulation by the Secretary; year, a report that describes— may— ‘‘(J) provide financial security in the form ‘‘(i) the amounts credited to the Fund, pur- ‘‘(A) proceed in rem against any vessel of of cash, bond, or other means acceptable to suant to paragraph (3) of this subsection, for the shipowner in the Federal district court the Secretary; and the preceding fiscal year; for the district in which such vessel is found; ‘‘(K) provide for any other appropriate ‘‘(ii) a detailed description of the activities and measures as the Secretary considers nec- for which amounts were charged; and ‘‘(B) withhold or revoke the clearance, re- essary to ensure the Government is not prej- ‘‘(iii) the projected level of expenditures quired by section 60105 of this title, of any udiced by granting the clearance required by from the Fund for the coming fiscal year, vessel of the shipowner wherever such vessel section 60105 of title 46. based on— is found. ‘‘(3) FUND.—The term ‘Fund’ means the ‘‘(I) on-going activities; and ‘‘(3) Whenever clearance is withheld or re- Support of Seafarers Fund, established pur- ‘‘(II) new cases, derived from historic data. voked pursuant to paragraph (2)(B) of this suant to this section. ‘‘(B) The limitation in subparagraph (A) of subsection, clearance may be granted if the ‘‘(4) NECESSARY SUPPORT.—The term ‘nec- this paragraph shall not apply to obligations shipowner reimburses the Fund the amount essary support’ means normal wages, lodg- during the first fiscal year during which required under paragraph (1) of this sub- ing, subsistence, clothing, medical care (in- amounts are credited to the Fund. section. cluding hospitalization), repatriation, and ‘‘(6) FUND MANAGER.—The Secretary shall ‘‘(e) SURETY; ENFORCEMENT OF TREATIES, any other expense the Secretary deems ap- designate a Fund manager, who shall— LAWS, AND REGULATIONS.— propriate. ‘‘(A) ensure the visibility and account- ‘‘(1) BOND AND SURETY AUTHORITY.—The ‘‘(5) SEAFARER.—The term ‘seafarer’ means ability of transactions utilizing the Fund; Secretary is authorized to require a bond or an alien crewman who is employed or en- ‘‘(B) prepare the report required by para- surety satisfactory as an alternative to with- gaged in any capacity on board a vessel sub- graph (5); and holding or revoking clearance required under ject to the jurisdiction of the United States. ‘‘(C) monitor the unobligated balance of section 60105 of this title if, in the opinion of ‘‘(6) SHIPOWNER.—The term ‘shipowner’ the Fund and provide notice to the Secretary the Secretary, such bond or surety satisfac- means the individual or entity that owns, and the Attorney General whenever the un- tory is necessary to facilitate an investiga- has an ownership interest in, or operates a obligated balance of the Fund is less than tion, reporting, documentation, or adjudica- vessel subject to the jurisdiction of the $5,000,000. tion of any matter that is related to the ad- United States. ‘‘(c) IN GENERAL.— ministration or enforcement of any treaty, ‘‘(7) VESSEL SUBJECT TO THE JURISDICTION ‘‘(1) AUTHORITY.—The Secretary is author- law, or regulation by the Coast Guard if the OF THE UNITED STATES.—The term ‘vessel ized— surety corporation providing the bond is au- subject to the jurisdiction of the United

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7768 CONGRESSIONAL RECORD — SENATE September 29, 2010 States’ has the same meaning it has in sec- ating shall continue to conduct individual be renewed for additional 5-year periods; ex- tion 70502(c) of this title, except that it export and waterway safety assessments under cept that the validity of a license issued to cludes a vessel owned or bareboat chartered the Ports and Waterways Safety Act of 1972 a radio officer is conditioned on the contin- and operated by the United States, by a (33 U.S.C. 1221 et seq.) to determine and uous possession by the holder of a first-class State or political subdivision thereof, or by a prioritize the United States ports, water- or second-class radiotelegraph operator li- foreign nation, except when that vessel is en- ways, and channels that are in need of new, cense issued by the Federal Communications gaged in commerce. expanded, or improved vessel traffic manage- Commission. ‘‘(g) REGULATIONS.—The Secretary may ment risk mitigation measures, including ‘‘(b) ADVANCE RENEWALS.—A renewed li- prescribe regulations to implement this sec- vessel traffic service systems, by evalu- cense issued under this part may be issued tion. ating— up to 8 months in advance but is not effec- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— (A) the nature, volume, and frequency of tive until the date that the previously issued There are authorized to be appropriated to vessel traffic; license expires.’’. the Fund $1,500,000 for each of fiscal years (B) the risks of collisions, allisions, spills, (c) CERTIFICATES OF REGISTRY.—Section 2010, 2011, and 2012.’’. and other maritime mishaps associated with 7107 of such title is amended to read as fol- (b) CLERICAL AMENDMENT.—The chapter that traffic; lows: analysis for chapter 111 of title 46, United (C) the projected impact of installation, ‘‘§ 7107. Duration of certificates of registry States Code, is amended by adding at the end expansion, or improvement of a vessel traffic the following new item: service system or other risk mitigation ‘‘(a) IN GENERAL.—A certificate of registry issued under this part is valid for a 5-year pe- ‘‘11113. Protection and fair treatment of sea- measures; and riod and may be renewed for additional 5- farers.’’. (D) any other relevant data. year periods; except that the validity of a Mr. DURBIN. Mr. President, I ask (2) ANALYSES.—Based on the results of the assessments under paragraph (1), the Sec- certificate issued to a medical doctor or pro- unanimous consent that the com- fessional nurse is conditioned on the contin- mittee-reported amendments be with- retary shall identify the requirements for necessary expansion, improvement, or con- uous possession by the holder of a license as drawn, the substitute amendment struction of buildings, networks, commu- a medical doctor or registered nurse, respec- which is at the desk be agreed to, the nications, or other infrastructure to improve tively, issued by a State. bill, as amended, be read a third time, the effectiveness of existing vessel traffic ‘‘(b) ADVANCE RENEWALS.—A renewed cer- the pay-go statement be read. service systems, or necessary to support rec- tificate of registry issued under this part The PRESIDING OFFICER. Without ommended new vessel traffic service sys- may be issued up to 8 months in advance but objection, it is so ordered. tems, including all necessary costs for con- is not effective until the date that the pre- struction, reconstruction, expansion, or im- viously issued certificate of registry ex- The amendment (No. 4688) was agreed pires.’’. to, as follows: provement. (3) PERSONNEL.—The Secretary shall— SEC. 6. AUTHORIZATION TO EXTEND THE DURA- (Purpose: In the nature of a substitute) (A) review and validate the recruiting, re- TION OF LICENSES, CERTIFICATES SECTION 1. SHORT TITLE. tention, training, and expansion of the vessel OF REGISTRY, AND MERCHANT MARINERS’ DOCUMENTS. This Act may be cited as the ‘‘Oil Spill traffic service personnel workforce necessary Prevention Act of 2010’’. to maintain the effectiveness of existing ves- (a) MERCHANT MARINER LICENSES AND DOC- UMENTS.—Chapter 75 of title 46, United SEC. 2. OIL FUEL TANK PROTECTION. sel traffic service systems and to support any expansion or improvement identified by States Code, is amended by adding at the end Section 3306 of title 46, United States Code, the following: is amended by adding at the end the fol- the Secretary under this section; and lowing new subsection: (B) require basic navigation training for ‘‘§ 7507. Authority to extend the duration of li- ‘‘(k)(1) Each vessel of the United States vessel traffic service watchstander per- censes, certificates of registry, and mer- that is constructed under a contract entered sonnel— chant mariner documents into after the date of enactment of the Oil (i) to support and complement the existing ‘‘(a) LICENSES AND CERTIFICATES OF REG- Spill Prevention Act of 2010, or that is deliv- mission of the vessel traffic service to mon- ISTRY.—Notwithstanding sections 7106 and ered after August 1, 2010, with an aggregate itor and assess vessel movements within a 7107, the Secretary of the department in capacity of 600 cubic meters or more of oil vessel traffic service Area; which the Coast Guard is operating may ex- fuel, shall comply with the requirements of (ii) to exchange information regarding ves- tend for up to one year an expiring license or Regulation 12A under Annex I to the Pro- sel movements with vessel and shore-based certificate of registry issued for an indi- tocol of 1978 relating to the International personnel; and vidual under chapter 71 if the Secretary de- Convention for the Prevention of Pollution (iii) to provide advisories to vessel mas- termines that extension is required— from Ships, 1973, entitled ‘Oil Fuel Tank Pro- ters. ‘‘(1) to enable the Coast Guard to eliminate tection.’. (4) REPORT.—Within 1 year after the date of a backlog in processing applications for ‘‘(2) The Secretary may prescribe regula- enactment of this Act, the Secretary shall those licenses or certificates of registry; tions to apply the requirements described in submit to the Congress a report consoli- ‘‘(2) because necessary records have been Regulation 12A to vessels described in para- dating the results of the analyses under destroyed or are unavailable due to a natural graph (1) that are not otherwise subject to paragraph (2), together with recommenda- disaster; or that convention. tions for implementing the study results. ‘‘(3) to align the expiration date of a li- ‘‘(3) In this subsection the term ‘oil fuel’ SEC. 4. TRAINED POLLUTION INVESTIGATORS. cense or certificate of registry with the expi- means any oil used as fuel in connection To the extent practicable, the Com- ration date of a transportation worker iden- with the propulsion and auxiliary machinery mandant of the Coast Guard shall ensure tification credential under section 70501. of the vessel in which such oil is carried.’’. that there is at least 1 trained and experi- ‘‘(b) MERCHANT MARINER DOCUMENTS.—Not- SEC. 3. MARITIME EMERGENCY PREVENTION. enced pollution investigator on duty, or in withstanding section 7302(g), the Secretary (a) IN GENERAL.—Section 4(b) of the Ports an on-call status, at all times for each Coast may extend for one year an expiring mer- and Waterways Safety Act of 1972 (33 U.S.C. Guard Sector Command. chant mariner’s document issued for an indi- 1223(b)) is amended— SEC. 5. DURATION OF CREDENTIALS. vidual under chapter 71 if the Secretary de- (1) by striking ‘‘operate or’’ and inserting (a) MERCHANT MARINER’S DOCUMENTS.— termines that extension is required— ‘‘operate, including direction to change the Section 7302(f) of title 46, United States ‘‘(1) to enable the Coast Guard to eliminate vessel’s heading and speed, or’’; and Code, is amended to read as follows: a backlog in processing applications for (2) by inserting ‘‘emergency or’’ after ‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF those licenses or certificates of registry; ‘‘other’’ in paragraph (3). MERCHANT MARINERS’ DOCUMENTS.— ‘‘(2) because necessary records have been (b) REVISION OF VTS POLICY.—The Sec- ‘‘(1) IN GENERAL.—Except as provided in destroyed or are unavailable due to a natural retary of the department in which the Coast subsection (g), a merchant mariner’s docu- disaster; or guard is operating shall— ment issued under this chapter is valid for a ‘‘(3) to align the expiration date of a li- (1) provide guidance to all vessel traffic 5-year period and may be renewed for addi- cense or certificate of registry with the expi- personnel that clearly defines the use of au- tional 5-year periods. ration date of a transportation worker iden- thority to direct or control vessel movement ‘‘(2) ADVANCE RENEWALS.—A renewed mer- tification credential under section 70501. when such direction or control is justified in chant mariner’s document may be issued ‘‘(c) MANNER OF EXTENSION.—Any exten- the interest of safety; and under this chapter up to 8 months in advance sions granted under this section may be (2) require vessel traffic personnel commu- but is not effective until the date that the granted to individual seamen or a specifi- nications to identify the vessel, rather than previously issued merchant mariner’s docu- cally identified group of seamen. the pilot, when vessels are operating in ves- ment expires.’’. ‘‘(d) EXPIRATION OF AUTHORITY.—The au- sel traffic service pilotage areas. (b) DURATION OF LICENSES.—Section 7106 of thority for providing an extension under this (c) ADEQUACY OF VTS LOCATIONS AND IN- such title is amended to read as follows: section shall expire on December 31, 2011.’’. FRASTRUCTURE.— ‘‘§ 7106. Duration of licenses (b) CLERICAL AMENDMENT.—The chapter (1) IN GENERAL.—The Secretary of the de- ‘‘(a) IN GENERAL.—A license issued under analysis for such chapter is amended by add- partment in which the Coast Guard is oper- this part is valid for a 5-year period and may ing at the end the following:

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7769 ‘‘7507. Authority to extend the duration of li- SEC. 8. BUDGETARY EFFECTS Mr. CONRAD. This is the Statement censes, certificates of registry, The budgetary effects of this Act, for the of Budgetary Effects of PAYGO Legis- and merchant mariner docu- purpose of complying with the Statutory lation for S. 685, as amended. ments.’’. Pay-As-You-Go-Act of 2010, shall be deter- SEC. 7. ELIMINATION OF CERTAIN REPORTS. mined by reference to the latest statement Total Budgetary Effects of S. 685 for the 5- Notwithstanding the direction of the titled ‘‘Budgetary Effects of PAYGO Legisla- year Statutory PAYGO Scorecard: $0. House of Representatives Committee on Ap- tion’’ for this Act, submitted for printing in propriations on page 60 of Report 109–79 Total Budgetary Effects of S. 685 for the 10- the Congressional Record by the Chairman of (109th Congress, 1st Session) under the head- year Statutory PAYGO Scorecard: $0. the Senate Budget Committee, provided that ings ‘‘UNITED STATES COAST GUARD OPER- such statement has been submitted prior to ATING EXPENSES’’ and ‘‘AREA SECURITY MARI- Also submitted for the RECORD as the vote on passage. TIME EXERCISE PROGRAM’’, concerning the part of this statement is a table pre- submission by the Coast Guard of reports to The PRESIDING OFFICER. The pared by the Congressional Budget Of- that Committee on the results of port secu- clerk will read the pay-go statement. fice, which provides additional infor- rity terrorism exercises, beginning with Oc- tober, 2010, the Coast Guard shall submit The assistant legislative clerk read mation on the budgetary effects of this only 1 such report each year. as follows: Act, as follows: CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 685, THE OIL SPILL PREVENTION ACT OF 2010, AS PROVIDED TO CBO BY THE SENATE BUDGET COMMITTEE ON SEPTEMBER 28, 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. Section 6 would authorize the Coast Guard to extend for one year certain expiring marine licenses, certificates of registry, and merchant mariner documents. The authority to provide such extensions would apply through December 11, 2011. Because the extensions would delay the collection of fees charged for renewal of such documents, enacting this provision could reduce offsetting receipts (an offset against direct spending) over the next year or two. Some of those receipts may be spent without further appropriation, however, to cover collection expenses. CBO estimates that the net effect on direct spending from enacting this provision would be less than $500,000 in each of fiscal years 2011 and 2012.

Mr. DURBIN. I ask unanimous con- (3) by adding at the end the following: military veterans’ groups are simply sent that the bill, as amended, be ø‘‘(x) an organization whose membership being added into this pool of recipients passed and any statements related to comprises substantially veterans (as defined for property that might otherwise go under section 101 of title 38).’’.¿ the bill be printed in the RECORD. ‘‘(x) an organization whose— unused. The PRESIDING OFFICER. Without ‘‘(I) membership comprises substantially vet- I thank the Homeland Security and objection, it is so ordered. erans (as defined under section 101 of title 38); Government Affairs Committee rank- The bill (S. 685) was ordered to be en- and ing member, Senator COLLINS, for grossed for a third reading, was read ‘‘(II) representatives are recognized by the working with me on this bill. This was the third time, and passed. Secretary of Veterans Affairs under section 5902 a bipartisan effort, as legislation to of title 38.’’. f support our veterans should always be, Mr. LEAHY. Mr. Presdient, today the FOR VETS ACT OF 2010 and I look forward to its prompt con- Senate will pass sensible legislation sideration by the House, and to the Mr. DURBIN. Mr. President, I ask with practical benefits for U.S. mili- President signing it into law. unanimous consent the Senate proceed tary veterans. The bill I have offered Mr. DURBIN. Mr. President, I ask to the immediate consideration of Cal- will add military veterans to the list of unanimous consent that the com- endar No. 628, S. 3794. groups eligible to receive excess prop- mittee-reported amendment be agreed The PRESIDING OFFICER. The erty donations from the Federal Gov- to, the bill, as amended, be read a third clerk will report the bill by title. ernment. This bill is a bipartisan effort time and passed, the motions to recon- The assistant legislative clerk read to recognize the sacrifices that mem- sider be laid upon the table, without as follows: bers of our Armed Forces make every No intervening action or debate, and A bill (S. 3794) to amend chapter 5 of title day for our country, and I am proud to 40, United States Code, to include organiza- any statements related to the measure be its author. While it is only a small be printed in the RECORD. tions whose membership comprises substan- token of appreciation, this legislation tially veterans as recipient organizations for The PRESIDING OFFICER. Without the donation of Federal surplus personal gives back to veterans groups by allow- objection, it is so ordered. property through State agencies. ing them access to a large inventory of The bill was ordered to be engrossed There being no objection, the Senate goods from which they could not other- for a third reading and was read the proceeded to consider the bill, which wise benefit. I appreciate the Senate third time. had been reported from the Committee acting swiftly to consider this bill. The bill (S. 3794), as amended, was The FOR VETS Act enables military on Homeland Security and Govern- passed, as follows: veterans to receive surplus goods dona- mental Affairs, with an amendment, as tions through the Federal Govern- S. 3794 follows: Be it enacted by the Senate and House of Rep- [Omit the part printed in boldface ment’s property distribution program. The types of goods donated through resentatives of the United States of America in brackets and insert the part printed in Congress assembled, italic.] this program include computers, trucks, snowmobiles, home appliances SECTION 1. SHORT TITLE. S. 3794 and electronics. These items will be of This Act may be cited as the ‘‘Formerly Be it enacted by the Senate and House of Rep- Owned Resources for Veterans to Express resentatives of the United States of America in valuable use to our military veterans, Thanks for Service Act of 2010’’ or ‘‘FOR Congress assembled, and I am pleased to sponsor legislation VETS Act of 2010’’. SECTION 1. SHORT TITLE. that gives them the right to claim use- SEC. 2. RECIPIENTS OF CERTAIN FEDERAL SUR- This Act may be cited as the ‘‘Formerly ful goods through this program. The PLUS PERSONAL PROPERTY. Owned Resources for Veterans to Express FOR VETS Act is legislation for and Section 549(c)(3)(B) of title 40, United Thanks for Service Act of 2010’’ or ‘‘FOR about American veterans. States Code, is amended— VETS Act of 2010’’. The Administrator of General Serv- (1) in clause (viii), by striking ‘‘or’’ after SEC. 2. RECIPIENTS OF CERTAIN FEDERAL SUR- ices oversees this ongoing property liq- the semicolon; PLUS PERSONAL PROPERTY. uidation and distribution program, (2) in clause (ix), by striking the period and Section 549(c)(3)(B) of title 40, United which currently donates property to inserting ‘‘; or’’; and States Code, is amended— (3) by adding at the end the following: (1) in clause (viii), by striking ‘‘or’’ after medical institutions, providers of as- ‘‘(x) an organization whose—’’ the semicolon; sistance to the homeless, universities, ‘‘(I) membership comprises substantially (2) in clause (ix), by striking the period and and child care facilities, among others. veterans (as defined under section 101 of title inserting ‘‘; or’’; and Given the surplus of available goods, 38); and

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7770 CONGRESSIONAL RECORD — SENATE September 29, 2010 ‘‘(II) representatives are recognized by the discharged from further consideration Whereas the Hudson River School painters Secretary of Veterans Affairs under section of S. Res. 278, and the Senate proceed expressed the sense that every generation of 5902 of title 38.’’. to its immediate consideration. Americans should seek to preserve the natu- f The PRESIDING OFFICER. Without ralness of the continent; and objection, it is so ordered. Whereas the Hudson River School painters TELEWORK ENHANCEMENT ACT OF accentuated the cardinal values of the 19th 2010 The clerk will report the resolution century, which can assist contemporary by title. Mr. DURBIN. Mr. President, I ask Americans in the rebirth of American cul- The assistant legislative clerk read ture: Now, therefore, be it unanimous consent that the Homeland as follows: Resolved, That the Senate recognizes and Security and Governmental Affairs A resolution (S. Res. 278) honoring the honors the Hudson River School painters for Committee be discharged from further Hudson River School Painters for their con- their contributions to the United States. consideration of H.R. 1722, and the Sen- tributions to the United States. f ate proceed to its immediate consider- There being no objection, the Senate TO ENSURE STABILITY IN ation. proceeded to consider the resolution. The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, I ask SOMALIA objection, it is so ordered. unanimous consent the resolution be Mr. DURBIN. I ask unanimous con- The clerk will report the resolution agreed to, the preamble be agreed to, sent that the Senate proceed to the im- by title. the motions to reconsider be laid upon mediate consideration of Calendar No. The assistant legislative clerk read the table, with no intervening action 588, S. Res. 573. as follows: or debate, and any statements relating The PRESIDING OFFICER. The A bill (H.R. 1722) to require the head of to the resolution be printed in the clerk will report the resolution by each executive agency to establish and im- RECORD. title. plement the policy under which employees The PRESIDING OFFICER. Without The assistant legislative clerk read shall be authorized to telework, and for objection, it is so ordered. as follows: other purposes. The resolution (S. Res. 278) was A resolution (S. Res. 573) urging the devel- There being no objection, the Senate agreed to. opment of a comprehensive strategy to en- proceeded to consider the bill. The preamble was agreed to. sure stability in Somalia, and for other pur- Mr. DURBIN. Mr. President, I ask The resolution, with its preamble, poses. unanimous consent the substitute reads as follows: There being no objection, the Senate amendment which is at the desk be S. RES. 278 proceeded to consider the resolution agreed to, the bill, as amended, be read Whereas the Hudson River School was a which had been reported from the Com- a third time and passed, the motions to mid-19th century American art movement mittee on Foreign Relations with an reconsider be laid upon the table, with led by a group of landscape painters, whose amendment to strike all after the en- no intervening action or debate, and aesthetic vision was influenced by the ro- acting clause and insert in lieu thereof any statements relating to the meas- manticism movement; the following: ure be printed in the RECORD. Whereas the Hudson River School is con- S. RES. 573 The PRESIDING OFFICER. Without sidered the first school of American art; Whereas the major Hudson River School Whereas Somalia has been without a func- objection, it is so ordered. painters included Thomas Cole, Frederic tioning central government since 1991, resulting The committee amendment (No. 4689) Edwin Church, Asher Brown Durand, Jasper in lawlessness and an increasingly desperate in the nature of a substitute was Francis Cropsey, Sanford Robinson Gifford, humanitarian situation; agreed to. Albert Bierstadt, John Frederick Kensett, Whereas, despite the return of the inter- (The amendment is printed in today’s George Inness, Worthington Whittredge, and nationally recognized Transitional Federal Gov- RECORD under ‘‘Text of Amendments.’’) Thomas Moran; ernment (TFG) to Mogadishu and ongoing dip- The amendment was ordered to be Whereas the Hudson River School paint- lomatic efforts through the Djibouti Peace Proc- engrossed and the bill to be read a ings captured the striking landscape and ess, supported by the United Nations, there has third time. sweeping natural beauty of the Hudson River been little improvement in the governance or Valley and the surrounding New York areas, stability of southern and central Somalia, and The bill (H.R. 1722), as amended, was including the Catskill, the Adirondack, and armed opposition groups continue to exploit this read the third time and passed. the White Mountains; situation; f Whereas Hudson River School paintings Whereas the traditional mediation role played served a vital role in cultivating American by Somali elders has been eroded as the dynam- SECURE AND RESPONSIBLE DRUG identity in the mid-19th century and cre- ics of conflict and the proliferation of weapons DISPOSAL ACT OF 2010 ating a sense of awe of the American land- make it difficult to influence warring parties; Mr. DURBIN. Mr. President, I ask the scape that endures to this day; Whereas, since 2007, armed violence has re- Chair to lay before the Senate the Whereas the Hudson River School painters sulted in the deaths of at least 21,000 people in House message to accompany S. 3397. influenced the environmental conservation Somalia and the displacement of nearly 2,000,000 The PRESIDING OFFICER laid be- movement and the establishment of the Na- people, including over 500,000 refugees in tional Park System under President Theo- Kenya, Yemen, Ethiopia, Eritrea, Djibouti, Tan- fore the Senate the following message dore Roosevelt; zania, and Uganda; from the House: Whereas the Hudson River School’s por- Whereas the United Nations estimates that S. 3397 trayal of the Hudson River Valley is a major 3,200,000 people, or 43 percent of the population Resolved, That the bill from the Senate (S. source of tourism in the region; of Somalia, are in need of humanitarian assist- 3397) entitled ‘‘An Act to amend the Con- Whereas 2009 marks the 400th anniversary ance and livelihood support to survive; trolled Substances Act to provide for take- of the voyages of discovery made by Henry Whereas the United Nations reports that al- back disposal of controlled substances in cer- Hudson and Samuel de Champlain, recog- most 1,000,000 displaced Somalis in need of aid tain instances, and for other purposes.’’, do nizing the important role that the Hudson cannot be reached by United Nations refugee pass with an amendment. River and the Hudson Valley played in the and food agencies because of growing insecurity development and growth of the United and the threat of kidnappings to staff; Mr. DURBIN. I ask unanimous con- States; Whereas local humanitarian organizations are sent that the Senate concur in the Whereas the Hudson River School painters trying to meet the needs of the Somali people by House amendment to S. 3397 with no depicted the Hudson River Valley during the restoring basic social services in urban and intervening action or debate, and that opening of the Erie Canal, which linked the rural communities, which places them on the any statements be printed in the Hudson River with the Great Lakes and cre- front lines of the conflict and make them vul- RECORD. ated a main trade route from New York that nerable targets for killings, kidnappings, or The PRESIDING OFFICER. Without fostered the city’s central place in the Amer- being accused of working for foreign govern- objection, it is so ordered. ican economy; ments; Whereas the Hudson River School painters Whereas al Shabaab, which has been des- f celebrated the ideals of American democ- ignated as a foreign terrorist organization by HONORING THE HUDSON RIVER racy, individuality, and progress; the Department of State, and other armed SCHOOL PAINTERS Whereas the Hudson River School painters groups continue to wage war against the Tran- illustrated themes such as nature, conserva- sitional Federal Government in Mogadishu and Mr. DURBIN. I ask unanimous con- tion, civility, unity, education, family, chiv- one another to gain control over territory in So- sent that the Judiciary Committee be alry, and development; malia;

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7771 Whereas al Shabaab has claimed responsi- Whereas the extraordinary and ongoing crisis (H) to explore, in consultation with the Sec- bility for many bombings—including suicide at- in Somalia has enormous humanitarian con- retary of the Treasury, increased options for tacks—in Mogadishu, as well as in central and sequences and direct national security implica- pressuring individuals, governments, and other northern Somalia, typically targeting officials of tions for the United States and our allies in the actors who undertake economic activities that the Government of Somalia and perceived allies region: Now therefore be it support al Shabaab and other armed opposition of the TFG; Resolved, That the Senate— groups in Somalia; and Whereas, according to Human Rights Watch, (1) acknowledges the urgency of addressing (I) to develop, in consultation with the Ad- al Shabaab is subjecting inhabitants of areas the threats to United States national security in ministrator of the United States Agency for under its control in southern Somalia to execu- Somalia and the conditions that foster those International Development, creative and flexible tions, cruel punishments, including amputations threats; mechanisms for delivering basic humanitarian and floggings, and repressive social control; (2) reaffirms its commitment to stand with all and development assistance to the people of So- Whereas the human rights situation in Soma- the people of Somalia who aspire to a future malia while minimizing the risk of significant lia has dramatically worsened over the past sev- free of terrorism and violence through advanc- diversion to armed opposition groups. eral years with increased numbers of killings, ing political reconciliation and building legiti- Mr. DURBIN. I ask unanimous con- torture, kidnappings, and rape; mate and inclusive governance institutions; (3) recognizes the difficult, but very impor- sent that the committee-reported sub- Whereas the 2009 Department of State Coun- tant, work being done by the African Union stitute amendment to the resolution be try Terrorism Report notes that ‘‘Somalia’s frag- Mission in Somalia (AMISOM) to help secure agreed to; the resolution, as amended, ile transitional Federal government, protracted parts of Mogadishu, and reaffirms its support be agreed to; the committee-reported state of violent instability, its long, unguarded for the mission; coastline, porous borders, and proximity to the amendment to the preamble be agreed (4) calls on the Transitional Federal Govern- to; the preamble, as amended, be Arabian Peninsula, made the country an attrac- ment in Somalia— tive location for international terrorists seeking (A) to cease immediately any use of child sol- agreed to; the motions to reconsider be a transit or launching point for operations in diers; laid upon the table with no intervening Somalia or elsewhere’’; (B) to ensure better accountability and transaction or debate; and any statements Whereas the situation in southern and central parency for all received security assistance; related to the resolution be printed in Somalia, particularly the activity of al Shabaab, (C) to renew its commitment to political rec- the RECORD. poses direct threats to the stability of Puntland onciliation; and The PRESIDING OFFICER. Without and Somaliland regions, as well as the stability (D) to take necessary steps toward becoming a of neighboring states and the wider region; more legitimate and inclusive government in the objection, it is so ordered. Whereas al Shabaab leaders have stated their eyes of the people of Somalia; The committee amendment in the intent to provide recruits and support for al (5) calls on all actors and governments in the nature of a substitute was agreed to. Qaeda in the Arabian Peninsula in Yemen; region, particularly the Government of Eritrea, The resolution (S. Res. 573), as Whereas the Government of Eritrea has pro- to play a productive role in helping to bring amended, was agreed to. vided military and financial support for armed about peace and stability to Somalia, including The preamble, as amended, was opposition groups, including al Shebaab, in part ceasing to provide any financial or material agreed to. as a proxy front in its continuing tensions with support to al Shabaab and other armed opposi- f Ethiopia; tion groups in Somalia; Whereas, according to the most recent report (6) welcomes efforts by the President to bring NATIONAL DAY OF RECOGNITION by the United Nations Somalia Monitoring greater focus and resources toward under- FOR LONG-TERM CARE PHYSI- Group, arms, ammunitions, and military or standing and monitoring the situation in Soma- CIANS dual-use equipment continue to enter Somalia at lia; a fairly steady rate, in violation of the general (7) urges the President to develop a com- Mr. DURBIN. I ask unanimous con- and complete arms embargo imposed in 1992; prehensive strategy to ensure that all United sent that the Judiciary Committee be Whereas, in July 2009, the Department of States humanitarian, diplomatic, political, and discharged from further consideration State confirmed that, in addition to other sup- counterterrorism programs in Somalia and the and the Senate now proceed to S. Con. port for the TFG, it had provided cash to pur- wider Horn of Africa are coordinated and making progress toward the long-term goal of estab- Res. 52. chase weapons and ammunitions for the TFG’s The PRESIDING OFFICER. Without efforts ‘‘to repel the onslaught of extremist lishing stability, respect for human rights, and functional, inclusive governance in Somalia; objection, it is so ordered. forces which are intent on destroying the The clerk will report the concurrent Djibouti peace process’’; (8) urges the President and Secretary of State, Whereas, according to most recent report by as part of a comprehensive strategy— resolution by title. (A) to provide greater support for a range of the United Nations Somalia Monitoring Group, The assistant legislative clerk read diplomatic initiatives to engage clan leaders, ‘‘[d]espite infusions of foreign training and as- as follows: business leaders, and civil society leaders in So- sistance, government security forces remain in- A concurrent resolution (S. Con. Res. 52) malia and the Somali Diaspora in political rec- effective, disorganized and corrupt — a com- expressing support for the designation of onciliation and consensus-building; posite of independent militias loyal to senior (B) to ensure better oversight, monitoring, and March 20 as a National Day of Recognition government officials and military officers who transparency of all United States security as- for Long-Term Care Physicians. profit from the business of war and resist their sistance provided to the TFG; There being no objection, the Senate integration under a single command’’; (C) to increase and strengthen the United Whereas, on April 13, 2010, President Barack proceeded to consider the concurrent States diplomatic team working on Somalia, in- resolution. Obama issued an executive order to sanction or cluding the appointment of a senior envoy, and freeze the assets of militants who threaten, both Mr. DURBIN. I ask unanimous con- to ensure that these officials have the necessary sent that the technical amendment at directly and indirectly, the stability of Somalia, resources, access, and mandate; as well as individuals involved in piracy off So- (D) to pursue opportunities for periodic, tem- the desk be agreed to; the resolution, malia’s coast; porary United States Government travel to So- as amended, be agreed to; the preamble Whereas, in March 2009, at a hearing of the malia, consistent with any security concerns; be agreed to; and the motion to recon- Committee on Homeland Security and Govern- (E) to expand and deepen our engagement sider be laid upon the table. ment Affairs of the Senate, Andrew Liepman, with the regional administration of Puntland The PRESIDING OFFICER. Without Deputy Director of Intelligence at the National and other regional administrations in order to Counterterrorism Center, noted that ‘‘[s]ince objection, it is so ordered. promote good governance, effective law enforce- The amendment (No. 4690) was agreed 2006, a number of U.S. citizens [have] traveled to ment, respect for human rights, and stability in Somalia, possibly to train in extremist training these regions; to, as follows: camps’’; (F) to provide additional humanitarian, devel- On page 2, line 3, after ‘‘March 20’’ add ‘‘, Whereas, in September 2009, at a hearing of opment, and security assistance to the region of 2010,’’ the Committee on Homeland Security and Gov- Somaliland, recognizing the positive develop- The resolution (S. Con. Res. 52), as ernment Affairs of the Senate, the Director of ments in that region with respect to consoli- amended, was agreed to. the National Counterterrorism Center Michael dating multi-party democracy, which was evi- The preamble was agreed to. Leiter testified that ‘‘the potential for al-Qaeda dent in the recent election there; The concurrent resolution, with its operatives in Somalia to commission Americans (G) to outline punitive measures and incen- preamble, as amended, reads as follows: to return to the United States and launch at- tives that can be used with the Government of tacks against the Homeland remains of signifi- Eritrea to bring a halt to its financial and mate- S. CON. RES. 52 cant concern’’; rial support for armed opposition groups in So- Whereas a National Day of Recognition for Whereas al Shabaab has claimed responsi- malia, including steps to improve bilateral rela- Long-Term Care Physicians is designed to bility for the bombings in Kampala, Uganda on tions and to push for a resolution of Eritrea’s honor and recognize physicians who care for July 11, 2010, which killed 76 people, including border dispute with Ethiopia consistent with the an ever-growing elderly population in dif- one American, and wounded scores of other peo- arbitration decision of the Ethiopia-Eritrea Bor- ferent settings, including skilled nursing fa- ple; and der Commission; cilities, assisted living, hospice, continuing

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7772 CONGRESSIONAL RECORD — SENATE September 29, 2010 care retirement communities, post-acute States every year and bring them to Wash- shootings that occurred at Fort Hood, Texas, care, home care, and private offices; ington, DC, for ‘‘first hand, high-level experi- on November 5, 2009. Whereas the average long-term care physi- ence in the workings of the Federal Govern- There being no objection, the Senate cian has nearly 20 years of practice experiment, to establish an era when the young proceeded to consider the concurrent ence and dedicates themselves to 1 or 2 fa- men and women of America and their gov- cilities with nearly 100 residents and pa- ernment belonged to each other—belonged to resolution. tients; each other in fact and in spirit’’; Mr. DURBIN. Mr. President, I ask Whereas the American Medical Directors Whereas the White House Fellows Program unanimous consent that the concur- Association is the professional association of has steadfastly remained a nonpartisan pro- rent resolution be agreed to, the pre- medical directors, attending physicians, and gram that has served 9 Presidents exception- amble be agreed to, the motions to re- others practicing in the long-term con- ally well; consider be laid upon the table, and tinuum and is dedicated to excellence in pa- Whereas the 672 White House Fellows who that any statements relating to the have served have established a legacy of tient care and provides education, advocacy, concurrent resolution be printed in the information, and professional development leadership in every aspect of our society, in- to promote the delivery of quality long-term cluding appointments as cabinet officers, RECORD. care medicine; and ambassadors, special envoys, deputy and as- The PRESIDING OFFICER. Without Whereas the American Medical Directors sistant secretaries of departments and senior objection, it is so ordered. Association would like to honor founder and White House staff, election to the House of The concurrent resolution (H. Con. long-term care physician William A. Dodd, Representatives, Senate, and State and local Res. 319) was agreed to. M.D., C.M.D., who was born on March 20, governments, appointments to the Federal, The preamble was agreed to. 1921: Now, therefore, be it State, and local judiciary, appointments as Resolved by the Senate (the House of Rep- United States Attorneys, leadership in many f resentatives concurring), That the Congress of the largest corporations and law firms in HONORING THE 28TH INFANTRY expresses support for— the United States, service as presidents of DIVISION (1) the designation of March 20, 2010, as a colleges and universities, deans of our most National Day of Recognition for Long-Term distinguished graduate schools, officials in Mr. DURBIN. Mr. President, I ask Care Physicians; and nonprofit organizations, distinguished schol- unanimous consent that the Senate (2) the goals and ideals of a National Day ars and historians, and service as senior proceed to the immediate consider- of Recognition for Long-Term Care Physi- leaders in every branch of the United States ation of S. Con. Res. 74, which was sub- cians. Armed Forces; mitted earlier today. f Whereas this legacy of leadership is a resource that has been relied upon by the Na- The PRESIDING OFFICER. The 45TH ANNIVERSARY OF THE tion during major challenges, including or- clerk will report the concurrent resolu- WHITE HOUSE FELLOWS PROGRAM ganizing resettlement operations following tion by title. the Vietnam War, assisting with the na- The assistant legislative clerk read Mr. DURBIN. I ask unanimous con- tional response to terrorist attacks, man- as follows: sent that the Judiciary Committee be aging the aftermath of natural disasters A concurrent resolution (S. Con. Res. 74) discharged from further consideration such as Hurricanes Katrina and Rita, pro- and the Senate now proceed to S. Con. honoring the 28th Infantry Division for serv- viding support to earthquake victims in ing and protecting the United States. Res. 72. Haiti, performing military service in Iraq The PRESIDING OFFICER. Without and Afghanistan, and reforming and inno- There being no objection, the Senate objection, it is so ordered. vating the national and international securi- proceeded to consider the concurrent The clerk will report the concurrent ties and capital markets; resolution. resolution by title. Whereas the 672 White House Fellows have Mr. DURBIN. Mr. President, I ask characterized their post-Fellowship years unanimous consent that the concur- The assistant legislative clerk read with a lifetime commitment to public serv- as follows: rent resolution be agreed to, the pre- ice, including creating a White House Fel- amble be agreed to, the motions to re- A concurrent resolution (S. Con. Res. 72) lows Community of Mutual Support for lead- recognizing the 45th anniversary of the ership at every level of government and in consider be laid upon the table, with no White House Fellows Program. every element of our national life; and intervening action or debate, and that There being no objection, the Senate Whereas September 1, 2010, marked the any statements relating to this meas- proceeded to consider the concurrent 45th anniversary of the first class of White ure be printed in the RECORD. resolution. House Fellows to serve this Nation: Now, The PRESIDING OFFICER. Without therefore, be it Mr. DURBIN. I ask unanimous con- objection, it is so ordered. Resolved by the Senate (the House of Rep- The concurrent resolution (S. Con. sent that the resolution be agreed to, resentatives concurring), That Congress— the preamble be agreed to, and the mo- (1) recognizes the 45th anniversary of the Res. 74) was agreed to. tion to reconsider be laid upon the White House Fellows program and commends The preamble was agreed to. table. the White House Fellows for their continuing The concurrent resolution, with its The PRESIDING OFFICER. Without lifetime commitment to public service; preamble, reads as follows: objection, it is so ordered. (2) acknowledges the legacy of leadership S. CON. RES. 74 provided by White House Fellows over the Whereas some units of the 28th Infantry The concurrent resolution (S. Con. years in their local communities, the Nation, Division date back to 1747; Res. 72) was agreed to. and the world; and Whereas units that would one day com- The preamble was agreed to. (3) expresses appreciation and support for prise the 28th Infantry Division served in the The concurrent resolution, with its the continuing leadership of White House Revolutionary War, including units that preamble, reads as follows: Fellows in all aspects of our national life in served in the Continental Army under Gen- the years ahead. S. CON. RES. 72 eral George Washington; Whereas in 1964, John W. Gardner pre- f Whereas what eventually became the 28th sented the idea of selecting a handful of out- RECOGNIZING THE ANNIVERSARY Infantry Division was initially established standing men and women to travel to Wash- OF THE TRAGIC SHOOTINGS AT March 12 through 20, 1879, as the Division of ington, DC, to participate in a fellowship the National Guard of Pennsylvania, and is program that would educate such men and FORD HOOD, TEXAS, ON NOVEM- recognized as the oldest, continuously serv- women about the workings of the highest BER 5, 2009 ing division in the Army; levels of the Federal Government and about Mr. DURBIN. Mr. President, I ask Whereas the 28th Infantry Division as we leadership, as they observed Federal officials unanimous consent that the Senate know it today was formed on September 1, in action and met with these officials and proceed to the immediate consider- 1917, and was integral to the success of World other leaders of society, thereby strength- ation of H. Con. Res. 319, which was re- War I campaigns in the European theater, in- ening the abilities of such individuals to conceived from the House. cluding those in Champagne, Champagne- tribute to their communities, their profes- Marne, Aisne-Marne, Oise-Aisne, Lorraine, sions, and the United States; The PRESIDING OFFICER. The and Meuse-Argonne; Whereas President Lyndon B. Johnson es- clerk will report the concurrent resolu- Whereas the 28th Infantry Division adopted tablished the President’s Commission on tion by title. the title of ‘‘Iron Division’’ for the valiant White House Fellowships, through Executive The assistant legislative clerk read efforts of the Division during World War I; Order 11183 (as amended), to create a pro- as follows: Whereas the 28th Infantry Division con- gram that would select between 11 and 19 A concurrent resolution (H. Con. Res. 319) tributed to military operations in Nor- outstanding young citizens of the United recognizing the anniversary of the tragic mandy, Northern France, Rhineland,

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7773 Ardennes-Alsace, and Central Europe during agreed to, and the motions to recon- Whereas effective communication contrib- World War II; sider be laid upon the table en bloc, utes to building a global economy and a Whereas the 28th Infantry Division with- with no intervening action or debate, global community; stood the onslaught of the German offensive and that any statements relating to Whereas the National Council of Teachers during the Battle of the Bulge, giving time the resolutions be printed in the of English, in conjunction with its many na- for reinforcements to arrive and defeat the tional and local partners, honors and cele- Germans; RECORD. brates the importance of writing through the Whereas the 28th Infantry Division was The PRESIDING OFFICER. Without National Day on Writing; Federalized again in 1950 to serve in Ger- objection, it is so ordered. Whereas the National Day on Writing cele- many; The resolutions were agreed to. brates the foundational place of writing in Whereas the 28th Infantry Division was The preambles were agreed to. the personal, professional, and civic lives of folded into the Army Selective Reserve The resolutions, with their pre- the people of the United States; Force during the Vietnam War; ambles, read as follows: Whereas the National Day on Writing pro- Whereas the 28th Infantry Division aided S. RES. 667 vides an opportunity for individuals across relief efforts throughout the devastating Recognizing the 40th anniversary of the the United States to share and exhibit their aftermath of Hurricane Agnes in 1972; Coastal Organization written works through the National Gallery Whereas the 28th Infantry Division was of Writing; Whereas, in 2010, the Coastal States Orga- called to action during the partial meltdown nization (referred to in this preamble as the Whereas the National Day on Writing high- of the nuclear reactor of the Three Mile Is- ‘‘CSO’’) is celebrating its 40th anniversary of lights the importance of writing instruction land Nuclear Generating Station in 1979; representing the Governors of the 35 coastal and practice at every educational level and Whereas elements of the 28th Infantry Di- States, commonwealths, and territories of in every subject area; vision contributed to the international coali- the United States on issues relating to the Whereas the National Day on Writing em- tion forces in Operation Desert Storm; sound management of coastal, ocean, and phasizes the lifelong process of learning to Whereas the 28th Infantry Division and its Great Lakes resources; write and compose for different audiences, detached units mobilized and deployed as Whereas the CSO was created in 1969 by a purposes, and occasions; part of peacekeeping missions in Bosnia- resolution, which was endorsed unanimously, Whereas the National Day on Writing hon- Herzegovina, the Republic of Kosovo, and the of the National Governors Association; ors the use of the full range of media for Sinai Peninsula; Whereas, in January 1970, the first meeting composing, from traditional tools like print, Whereas the 28th Infantry Division de- of the CSO was held in Savannah, Georgia; audio, and video, to Web 2.0 tools like blogs, ployed troops as part of Operation Noble Whereas, in October 2010, the CSO will cel- wikis, and podcasts; and Eagle in the aftermath of the September 11, ebrate its 40th anniversary in Monterey, Whereas the National Day on Writing en- 2001, attacks; California; courages all people of the United States to Whereas the 28th Infantry Division de- Whereas the CSO has been empowered to write, as well as to enjoy and learn from the ployed troops to Afghanistan as part of Oper- contribute to the development and operation writing of others: Now, therefore, be it ation Enduring Freedom, and helped to se- of the national coastal zone management Resolved, That the Senate— cure the country and bring humanitarian re- program, which was established by the (1) supports the designation of October 20, lief to the Afghan people; Coastal Zone Management Act of 1972 (16 2010, as the ‘‘National Day on Writing’’; Whereas in Operation Iraqi Freedom, ele- U.S.C. 1451 et seq.); (2) strongly affirms the purposes of the Na- ments of the 28th Infantry Division played a Whereas the CSO is a nonpartisan organi- tional Day on Writing; role in the invasion of Iraq, the provision of zation comprised of economically, environ- (3) encourages participation in the Na- security in post-invasion Iraq, the training mentally, geographically, and socially ditional Galley of Writing, which serves as an of an Iraqi police force, the securing of trans- verse States, territories, and common- exemplary living archive of the centrality of port convoys, and the safe detainment of sus- wealths; writing in the lives of the people of the pected terrorists; Whereas the CSO serves as a means for the United States; and Whereas more than 2,600 soldiers of the Governors of the member States, territories, (4) encourages educational institutions, 28th Infantry Division remain missing in ac- and commonwealths to communicate with businesses, community and civic association from World War I and World War II; Congress and the executive branch on coast- tions, and other organizations to promote Whereas the 28th Infantry Division has 127 al, ocean, and Great Lakes policies, pro- awareness of the National Day on Writing units in 90 armories in 75 cities across the grams, and affairs; and and celebrate the writing of the members Commonwealth of Pennsylvania; Whereas the member States, territories, those organizations through individual sub- Whereas the 28th Infantry Division has and commonwealths of the CSO have a re- missions to the National Gallery of Writing. been sent to aid portions of the United sponsibility to work with the Federal Gov- S. RES. 669 States affected by winter storms, flooding, ernment to manage and conserve the public Recognizing Filipino American History violent windstorms, and other severe weath- trust in coastal and ocean ecosystems as Month in October 2010 er emergencies; and well as the quality of life in coastal commu- Whereas, the earliest documented Filipino Whereas 10 recipients of the Medal of nities for the benefit of current and future presence in the continental United States Honor, the Nation’s highest award for valor, generations: Now, therefore, be it was on October 18, 1587, when the first have been soldiers of the 28th Infantry Divi- Resolved, That the Senate— ‘‘Luzones Indios’’ set foot in Morro Bay, sion: Now, therefore, be it (1) recognizes the 40th anniversary of the California, on board the Manila-built galleon Resolved by the Senate (the House of Rep- Coastal States Organization; and (2) supports the role of States, territories, ship Nuestra Senora de Esperanza; resentatives concurring), That Congress— Whereas, the Filipino American National (1) honors the 28th Infantry Division for and commonwealths in the stewardship of coastal, ocean, and Great Lakes resources. Historical Society recognizes the year of 1763 serving and protecting the United States; as the date of the first permanent Filipino S. RES. 668 and settlement in the United States in St. Malo, (2) directs the Secretary of the Senate to Expressing support for the designation of Oc- Louisiana, which set in motion the focus on transmit an enrolled copy of this resolution tober 20, 2010, as the ‘‘National Day on the story of our Nation’s past from a new to the Adjutant General of the Pennsylvania Writing’’ perspective by concentrating on the eco- National Guard for appropriate display. Whereas people in the 21st century are writ- nomic, cultural, social, and other notable f ing more than ever before for personal, pro- contributions that Filipino Americans have fessional, and civic purposes; made in countless ways toward the develop- RESOLUTIONS SUBMITTED TODAY Whereas the social nature of writing in- ment of the history of the United States; Mr. DURBIN. Mr. President, I ask vites people of every age, profession, and Whereas, the Filipino-American commu- unanimous consent that the Senate walk of life to create meaning through com- nity is the second largest Asian-American posing; proceed to the immediate consider- group in the United States, with a popu- Whereas more and more people in every oc- lation of approximately 3,100,000 people; ation en bloc of the following resolu- cupation deem writing as essential and influ- Whereas, Filipino-American servicemen tions, which were submitted earlier ential in their work; and servicewomen have a longstanding his- today: S. Res. 667, S. Res. 668, S. Res. Whereas writers continue to learn how to tory serving in the Armed Services, from the 669, S. Res. 670, S. Res. 671, and S. Res. write for different purposes, audiences, and Civil War to the Iraq and Afghanistan con- 672. occasions throughout their lifetimes; flicts, including the 250,000 Filipinos who There being no objection, the Senate Whereas developing digital technologies fought under the United States flag during proceeded to consider the resolutions expand the possibilities for composing in World War II to protect and defend this multiple media at a faster pace than ever be- country; en bloc. fore; Whereas, 9 Filipino Americans have re- Mr. DURBIN. Mr. President, I ask Whereas young people are leading the way ceived the Congressional Medal of Honor, the unanimous consent that the resolu- in developing new forms of composing by highest award for valor in action against an tions be agreed to, the preambles be using different forms of digital media; enemy force that can be bestowed upon an

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7774 CONGRESSIONAL RECORD — SENATE September 29, 2010 individual serving in the United States can be collected and preserved and increase mitment to healthy, productive, and drug- Armed Forces; the number of veterans it honors; and free lifestyles by wearing and displaying red Whereas, Filipino Americans are an inte- Whereas ‘‘National Veterans Awareness ribbons during the week-long celebration of gral part of the United States health care Week’’ has been recognized by Congress in Red Ribbon Week: Now, therefore, be it system as nurses, doctors, and other medical previous years: Now, therefore, be it Resolved, That the Senate— professionals; Resolved, That the Senate— (1) supports the goals and ideals of Red Whereas, Filipino Americans have contrib- (1) designates the week beginning on Mon- Ribbon Week, 2010; uted greatly to the fine arts, music, dance, day, November 8, 2010, as ‘‘National Veterans (2) encourages children and teens to choose literature, education, business, literature, History Project Week’’; to live drug-free lives; and journalism, sports, fashion, politics, govern- (2) calls on the people of the United States (3) encourages the people of the United ment, science, technology, and other fields to interview at least 1 veteran in their fami- States to— in the United States that enrich the land- lies or communities according to guidelines (A) promote the creation of drug-free com- scape of the country; provided by the Veterans History Project; munities; and Whereas, efforts should continue to pro- and (B) participate in drug prevention activi- mote the study of Filipino-American history (3) encourages national, State, and local ties to show support for healthy, productive, and culture, as mandated in the mission organizations along with Federal, State, and drug-free lifestyles. statement of the Filipino American National city, and county governmental institutions S. RES. 672 Historical Society, because the roles of Fili- to participate in support of the effort to doc- Designating October 9, 2010, as ‘‘National pino Americans and other people of color ument, preserve, and honor the service of Chess Day’’ to enhance awareness and en- have been overlooked in the writing, teach- veterans of the Armed Forces of the United courage students and adults to engage in a ing, and learning of United States history; States. Whereas, it is imperative for Filipino- game known to enhance critical thinking S. RES. 671 American youth to have positive role models and problem-solving skills Supporting the goals and ideals of Red to instill in them the importance of edu- Whereas it is estimated that chess is Ribbon Week, 2010 cation, complemented with the richness of played by 39,000,000 people in the United their ethnicity and the value of their legacy; Whereas the Red Ribbon Campaign was es- States; and tablished to commemorate the service of Whereas there are over 75,000 members of Whereas, Filipino American History Month Enrique ‘‘Kiki’’ Camarena, a special agent of the United States Chess Federation (referred is celebrated during the month of October the Drug Enforcement Administration for 11 to in this preamble as the ‘‘Federation’’), 2010: Now, therefore, be it years who was murdered in the line of duty and unknown numbers of additional people Resolved, That the Senate— in 1985 while engaged in the battle against il- in the United States who play the game (1) recognizes the celebration of Filipino licit drugs; without joining an official organization; American History Month 2010 as a study of Whereas 2010 marks 25 years since the Whereas approximately half of the mem- the advancement of Filipino Americans, as a death of Special Agent Camarena; bers of the Federation are scholastic mem- time of reflection and remembrance, and as Whereas the Red Ribbon Campaign was es- bers, and many of the scholastic members a time to renew efforts toward the research tablished by the National Family Partner- join by the age of 10; and examination of history and culture in ship to preserve the memory of Special Whereas the Federation is very supportive order to provide an opportunity for all peo- Agent Camarena and further the cause for ple in the United States to learn and appre- of the scholastic programs and sponsors a which he gave his life; Certified Chess Coach program that provides ciate more about Filipino Americans and Whereas the Red Ribbon Campaign has their historic contributions to the Nation; the coaches involved in the scholastic pro- been nationally recognized since 1988 and is grams training and ensures schools and stu- and now the oldest and largest drug prevention (2) urges the people of the United States to dents can have confidence the program; program in the United States, reaching mil- observe Filipino American History Month Whereas many studies have linked chess lions of young people each year during Red 2010 with appropriate programs and activi- programs to the improvement of student Ribbon Week; ties. scores in reading and math, as well as im- Whereas the Drug Enforcement Adminis- proved self-esteem, and the Federation offers S. RES. 670 tration, established in 1973, aggressively tar- a school curriculum to educators to help in- Designating the week beginning on Monday, gets organizations involved in the growing, corporate chess into the school curriculum; November 8, 2010, as ‘‘National Veterans manufacturing, and distribution of con- Whereas chess is a powerful cognitive History Project Week’’ trolled substances and has been a steadfast learning tool that can be used to successfully Whereas 2010 marks the 10th anniversary of partner in commemorating Red Ribbon enhance reading and math concepts; and the establishment of the Veterans History Week; Whereas chess engages students of all Project by Congress in order to collect and Whereas the Governors and attorneys gen- learning styles and strengths and promotes preserve the wartime stories of veterans of eral of the States, the National Family Part- problem-solving and higher-level thinking the Armed Forces of the United States; nership, Parent Teacher Associations, Boys skills: Now, therefore, be it Whereas Congress charged the American and Girls Clubs of America, PRIDE Youth Resolved, That the Senate— Folklife Center at the Library of Congress to Programs, the Drug Enforcement Adminis- (1) designates October 9, 2010, as ‘‘National undertake the Veterans History Project and tration, and more than 100 other organiza- Chess Day’’; and to engage the public in the creation of a col- tions throughout the United States annually (2) encourages the people of the United lection of oral histories that would be a last- celebrate Red Ribbon Week during the period States to observe ‘‘National Chess Day’’ with ing tribute to individual veterans; of October 23 through October 31; appropriate programs and activities. Whereas the Veterans History Project re- Whereas the objective of Red Ribbon Week f lies on a corps of volunteer interviewers, is to promote the creation of drug-free com- partner organizations, and an array of civic munities through drug prevention efforts, MEASURES READ THE FIRST minded institutions nationwide who inter- education, parental involvement, and com- TIME—H.R. 4168, H.R. 4337, AND view veterans according to the guidelines munity-wide support; H.R. 847 outlined by the project; Whereas drug abuse is one of the major Whereas these oral histories have created challenges that the Nation faces in securing Mr. DURBIN. Mr. President, I under- an abundant resource for scholars to gather a safe and healthy future for families in the stand there are three bills at the desk, first-hand accounts of veterans’ experience United States; and I ask for their first reading en bloc. in World War I, World War II, the Korean Whereas drug abuse and alcohol abuse con- The PRESIDING OFFICER. Without War, the Vietnam War, the Persian Gulf tribute to domestic violence and sexual as- objection, it is so ordered. War, and the Afghanistan and Iraq conflicts; sault and place the lives of children at risk; The clerk will report the bills by Whereas there are 17,000,000 wartime vet- Whereas, between 1997 and 2007, the per- title en bloc. erans in the United States whose stories can centages of admissions to substance abuse The assistant legislative clerk read educate people of all ages about important treatment programs as a result of the abuse as follows: moments and events in the history of the of marijuana and methamphetamines rose A bill (H.R. 4168) to amend the Internal United States and the world and provide in- significantly; Revenue Code of 1986 to expand the defini- structive narratives that illuminate the Whereas drug dealers specifically target tion of cellulosic biofuel to include algae- meanings of ‘‘service’’, ‘‘sacrifice’’, ‘‘citizen- children by marketing illicit drugs that based biofuel for purposes of the cellulosic ship’’, and ‘‘democracy’’; mimic the appearance and names of well- biofuel producer credit and the special allow- Whereas more than 70,000 oral histories known brand-name candies and foods; and ance for cellulosic biofuel plant property. have already been collected and more than Whereas parents, youth, schools, busi- A bill (H.R. 4337) to amend the Internal 8,000 oral histories are fully digitized and nesses, law enforcement agencies, religious Revenue Code of 1986 to modify certain rules available through the website of the Library institutions, service organizations, senior applicable to regulated investment compa- of Congress; citizens, medical and military personnel, nies, and for other purposes. Whereas the Veterans History Project will sports teams, and individuals throughout the A bill (H.R. 847) to amend the Public increase the number of oral histories that United States will demonstrate their com- Health Service Act to extend and improve

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7775 protections and services to individuals di- stand in recess and convene on the TRICT OF ARKANSAS FOR THE TERM OF FOUR YEARS, VICE ROBERT CRAMER BALFE, III, RESIGNED. rectly impacted by the terrorist attack in dates in this consent and on each date KENNETH F. BOHAC, OF ILLINOIS, TO BE UNITED New York City on September 11, 2001, and so listed, conduct a pro forma session STATES MARSHAL FOR THE CENTRAL DISTRICT OF ILLI- forth and for other purposes. NOIS FOR TERM OF FOUR YEARS, VICE STEVEN D. only with no business conducted: Tues- DEATHERAGE, TERM EXPIRED. Mr. DURBIN. I now ask for a second day, October 5 at 11 a.m.; Friday, Octo- STATE JUSTICE INSTITUTE reading en bloc and I object to my own ber 8 at 11:30 a.m.; Tuesday, October 12 ISABEL FRAMER, OF OHIO, TO BE A MEMBER OF THE request en bloc. at 10 a.m.; Friday, October 15 at 10 BOARD OF DIRECTORS OF THE STATE JUSTICE INSTI- The PRESIDING OFFICER. Objec- TUTE FOR A TERM EXPIRING SEPTEMBER 17, 2012, VICE a.m.; Tuesday, October 19 at 12 noon; CARLOS R. GARZA, TERM EXPIRED. tion is heard. Friday, October 22 at 1 p.m.; Tuesday, NATIONAL FOUNDATION ON THE ARTS AND THE The bills will be read for the second October 26 at 12 noon; Friday, October HUMANITIES time on the next legislative day. 29 at 11:30 a.m.; Monday, November 1 at PAULA BARKER DUFFY, OF ILLINOIS, TO BE A MEMBER f 9 a.m.; Thursday, November 4 at 9 a.m.; OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, 2016, VICE HARVEY KLEHR, Monday, November 8 at 12 noon; TERM EXPIRED. SIGNING AUTHORITY Wednesday, November 10 at 9:30 a.m.; INSTITUTE OF MUSEUM AND LIBRARY SERVICES Mr. DURBIN. Mr. President, I ask Friday, November 12 at 9:30 a.m.; that SUSAN H. HILDRETH, OF WASHINGTON, TO BE DIREC- unanimous consent that the majority at the close of the pro forma session on TOR OF THE INSTITUTE OF MUSEUM AND LIBRARY SERV- leader be authorized to sign any duly Friday, November 12, the Senate then ICES, VICE ANNE—IMELDA RADICE. enrolled bills and joint resolutions stand adjourned until 2 p.m., Monday, NATIONAL FOUNDATION ON THE ARTS AND THE until Monday, October 4. November 15 under the authority of H. HUMANITIES The PRESIDING OFFICER. Without Con. Res. 321; that on Monday, Novem- MARTHA WAGNER WEINBERG, OF MASSACHUSETTS, TO BE A MEMBER OF THE NATIONAL COUNCIL ON THE HU- objection, it is so ordered. ber 15, after the prayer and pledge, the MANITIES FOR A TERM EXPIRING JANUARY 26, 2016 , VICE f Journal of proceedings be approved to HERMAN BELZ, TERM EXPIRED. date, the morning hour be deemed ex- MILLENNIUM CHALLENGE CORPORATION APPOINTMENT AUTHORITY pired, the time for the two leaders be MARK GREEN, OF WISCONSIN, TO BE A MEMBER OF THE Mr. DURBIN. Mr. President, I ask reserved for their use later in the day, BOARD OF DIRECTORS OF THE MILLENNIUM CHALLENGE CORPORATION FOR A TERM OF THREE YEARS, VICE WIL- unanimous consent that notwith- and the Senate proceed to a period of LIAM H. FRIST, TERM EXPIRING. standing the recess or adjournment of morning business, with Senators per- DEPARTMENT OF STATE the Senate, the President of the Senate mitted to speak therein for up to 10 THOMAS R. NIDES, OF THE DISTRICT OF COLUMBIA, TO pro tempore, and the majority and mi- minutes. BE DEPUTY SECRETARY OF STATE FOR MANAGEMENT nority leaders be authorized to make The PRESIDING OFFICER. Without AND RESOURCES, VICE JACOB J. LEW. appointments to commissions, commit- objection, it is so ordered. MILLENNIUM CHALLENGE CORPORATION tees, boards, conferences, or inter- ALAN J. PATRICOF, OF NEW YORK, TO BE A MEMBER OF f THE BOARD OF DIRECTORS OF THE MILLENNIUM CHAL- parliamentary conferences authorized LENGE CORPORATION FOR A TERM OF TWO YEARS. (RE- by law, by concurrent action of the two PROGRAM APPOINTMENT) Houses, or by order of the Senate. Mr. DURBIN. Mr. President, there DEPARTMENT OF DEFENSE The PRESIDING OFFICER. Without will be no rollcall votes on Monday, JO ANN ROONEY, OF MASSACHUSETTS, TO BE PRIN- CIPAL DEPUTY UNDER SECRETARY OF DEFENSE FOR objection, it is so ordered. November 15. Senators can expect the PERSONNEL AND READINESS, VICE MICHAEL L. next vote to occur on Wednesday morn- DOMINGUEZ. f MICHAEL VICKERS, OF VIRGINIA, TO BE UNDER SEC- ing, November 17. RETARY OF DEFENSE FOR INTELLIGENCE, VICE JAMES AUTHORITY FOR COMMITTEES TO On behalf of the Senate, I extend our R. CLAPPER, JR. REPORT thanks to the Presiding Officer for his FOREIGN SERVICE Mr. DURBIN. I ask unanimous con- extraordinary contribution, his work THE FOLLOWING—NAMED CAREER MEMBERS OF THE in the chair, and for the duty he has as- SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF sent that notwithstanding a recess or STATE FOR PROMOTION INTO AND WITHIN THE SENIOR adjournment of the Senate, Senate sumed this evening. FOREIGN SERVICE TO THE CLASSES INDICATED: I also thank all members of the staff, CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE committees may file committee-re- OF THE UNITED STATES OF AMERICA, CLASS OF CAREER ported executive and legislative cal- as Senator REID would say, within the MINISTER: endar business on Friday, October 1, sound of my voice. PATRICIA A. BUTENIS, OF VIRGINIA from 12 noon to 2 p.m., and on Tuesday, JANICE L. JACOBS, OF VIRGINIA f D. KATHLEEN STEPHENS, OF VIRGINIA October 26, from 12 noon to 2 p.m. ALEJANDRO DANIEL WOLFF, OF CALIFORNIA The PRESIDING OFFICER. Without ADJOURNMENT UNTIL FRIDAY, DONALD Y. YAMAMOTO, OF NEW YORK objection, it is so ordered. OCTOBER 1, 2010, AT 11:30 A.M. CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR: f Mr. DURBIN. Mr. President, if there CYNTHIA HELEN AKUETTEH, OF MARYLAND is no further business to come before RICHARD ALAN ALBRIGHT, OF OHIO TRIBUTES FOR THE LATE the Senate, I ask unanimous consent WAYNE B. ASHBERY, OF VIRGINIA SENATOR STEVENS JUDITH R. BAROODY, OF VIRGINIA that the Senate stand adjourned under ERIC D. BENJAMINSON, OF OREGON Mr. DURBIN. Mr. President, I ask the previous order. JENNIFER V. BONNER, OF VIRGINIA JAMES L. CLEVELAND, OF CALIFORNIA unanimous consent that tributes for There being no objection, the Senate, DANIEL ANTHONY CLUNE, OF MARYLAND the late Senator Stevens be printed as at 11:54 p.m., adjourned until Friday, KIMBERLY J. DEBLAUW, OF VIRGINIA THOMAS LAWRENCE DELARE, OF VIRGINIA a Senate document and the deadline for October 1, 2010, at 11:30 a.m. GREGORY TORRENCE DELAWIE, OF VIRGINIA statements to be submitted to the CON- LINDA L. DONAHUE, OF VIRGINIA f SUSAN M. ELBOW, OF THE DISTRICT OF COLUMBIA GRESSIONAL RECORD be Wednesday, No- HENRY S. ENSHER, OF VIRGINIA vember 17, 2010. NOMINATIONS JOHN D. FEELEY, OF THE DISTRICT OF COLUMBIA PAUL A. FOLMSBEE, OF TEXAS The PRESIDING OFFICER. Without Executive nominations received by DAVID R. GILMOUR, OF TEXAS objection, it is so ordered. the Senate: SHEILA S. GWALTNEY, OF CALIFORNIA GRETA CHRISTINE HOLTZ, OF MARYLAND f THE JUDICIARY MARY VIRGINIA JEFFERS, OF MARYLAND SYLVIA DOLORES JOHNSON, OF TEXAS ORDERS FOR PRO FORMA SES- CAITLIN JOAN HALLIGAN, OF NEW YORK, TO BE UNITED TINA S. KAIDANOW, OF NEW YORK STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- RONALD JAMES KRAMER, OF TEXAS SIONS AND FOR MONDAY, NO- BIA CIRCUIT, VICE JOHN G. ROBERTS, JR., ELEVATED. CHRISTOPHER A. LAMBERT, OF VIRGINIA VEMBER 15, 2010 JIMMIE V. REYNA, OF MARYLAND, TO BE UNITED THERESA MARY LEECH, OF VIRGINIA STATES CIRCUIT JUDGE FOR THE FEDERAL CIRCUIT, ALBERTA MAYBERRY, OF VIRGINIA Mr. DURBIN. Mr. President, I ask VICE HALDANE ROBERT MAYER, RETIRED. GEORGES F. MCCORMICK, OF CALIFORNIA RICHARD BROOKE JACKSON, OF COLORADO, TO BE RAYMOND GERARD MCGRATH, OF VIRGINIA unanimous consent that when the Sen- UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF MARIA ELIZABETH MCKAY, OF FLORIDA ate completes its business today, it COLORADO, VICE PHILLIP S. FIGA, DECEASED. KENNETH H. MERTEN, OF VIRGINIA MAE A. D’AGOSTINO, OF NEW YORK, TO BE UNITED PETER J. MOLBERG, OF MISSOURI stand adjourned until 11:30 a.m. Friday, STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT ADAM E. NAMM, OF VIRGINIA October 1; that on Friday, the Senate OF NEW YORK, VICE FREDERICK J. SCULLIN, JR., RE- THOMAS CLINTON NIBLOCK, JR., OF TENNESSEE TIRED. MICHAEL S. OWEN, OF TENNESSEE meet in pro forma session only with no DEPARTMENT OF JUSTICE MARK A. PEKALA, OF MARYLAND business conducted; that at the close of ROBERTO POWERS, OF CALIFORNIA WILLIAM CONNER ELDRIDGE, OF ARKANSAS, TO BE EDWARD JAMES RAMOTOWSKI, OF CONNECTICUT the pro forma session, the Senate then UNITED STATES ATTORNEY FOR THE WESTERN DIS- PHILIP THOMAS REEKER, OF NEW YORK

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LAWRENCE G. RICHTER, OF CALIFORNIA DANIEL J. POWER, OF MARYLAND *ROBERT P. MIKULAK, OF VIRGINIA, FOR THE RANK OF ERIC T. SCHULTZ, OF COLORADO KURT R. RICE, OF VIRGINIA AMBASSADOR DURING HIS TENURE OF SERVICE AS KARL STOLTZ, OF VIRGINIA CRAIG W. SPECHT, OF FLORIDA UNITED STATES REPRESENTATIVE TO THE ORGANIZA- DAVID L. STONE, OF LOUISIANA KEITH A. SWINEHART, OF ILLINOIS TION FOR THE PROHIBITION OF CHEMICAL WEAPONS. LUCY TAMLYN, OF NEW YORK IN THE COAST GUARD *KRISTIE ANNE KENNEY, OF VIRGINIA, A CAREER MEM- MARY THOMPSON-JONES, OF VIRGINIA BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- KURT WALTER TONG, OF MARYLAND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REER MINISTER, TO BE AMBASSADOR EXTRAORDINARY MARK A. WENTWORTH, OF VIRGINIA TO THE GRADE INDICATED IN THE UNITED STATES AND PLENIPOTENTIARY OF THE UNITED STATES OF ROBERT EARL WHITEHEAD, OF FLORIDA COAST GUARD RESERVE UNDER TITLE 10, U.S.C., SECTION AMERICA TO THE KINGDOM OF THAILAND. BISA WILLIAMS, OF TEXAS 12203: BRUCE WILLIAMSON, OF VIRGINIA Nominee: Kristie Anne Kenney. To be captain Post: Chief of Mission, Thailand. THE FOLLOWING-NAMED CAREER MEMBERS OF THE FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR JULIA A. HEIN (The following is a list of all members of FOREIGN SERVICE, AS INDICATED: ARMIN D. CATE my immediate family and their spouses. I CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE GARY T. MARTIN have asked each of these persons to inform OF THE UNITED STATES OF AMERICA, CLASS OF COUN- JOHN J. ANCELLOTTI SELOR: KATHLEEN J. FAST me of the pertinent contributions made by SUSAN L. SUBOCZ them. To the best of my knowledge, the in- SUSAN K. ABEYTA, OF NEW YORK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WHITNEY YOUNG BAIRD, OF NORTH CAROLINA formation contained in this report is com- TO THE GRADE INDICATED IN THE UNITED STATES CHARLES EDWARD BENNETT, OF WASHINGTON COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271: plete and accurate.) JOHN T. BERNLOHR, OF CALIFORNIA Contributions, amount, date, and donee: PAUL LAWRENCE BOYD, OF NEW MEXICO To be captain DAVID EDWARD BROWN, OF FLORIDA 1. Self: none. ANGELA ANN BRYAN, OF TEXAS THOMAS ALLAN 2. Spouse: none. JUDITH L. BRYAN, OF TEXAS KORY J. BENZ 3. Children and Spouses: n/a. ROBERT A. BEVINS KATE M. BYRNES, OF FLORIDA 4. Parents: Jeremiah J. Kenney, Jr.: (de- FLOYD STEVEN CABLE, OF NEW YORK PAUL E. BOINAY WILLIAM J. BURNS AUBREY A. CARLSON, OF TEXAS ceased 5/08/05); Elizabeth Kenney: no con- GREGORY D. CASE ANNE S. CASPER, OF NEVADA tributions. SCOTT W. CLENDENIN JEFFREY R. CELLARS, OF CALIFORNIA TIMOTHY P. CONNORS 5. Grandparents: Jeremiah J. Kenney: de- THOMAS E. COONEY, OF NEW YORK SAMUEL R. CREECH MARY ELLEN COUNTRYMAN, OF WASHINGTON ceased 1972; Selma J. Kenney: deceased 1985; CHRISTINE N. CUTTER TERRY R. DAVIDSON, OF TEXAS George Cornish: deceased 1945; Irma Cornish: LAURA M. DICKEY KAREN BERNADETTE DECKER, OF VIRGINIA MICHAEL C. DICKEY deceased 1972. WILLIAM H. DUNCAN, OF TEXAS DIANE W. DURHAM 6. Brothers and Spouses: John J. Kenney: MICHELLE M. ESPERDY, OF PENNSYLVANIA TIMOTHY J. ESPINOZA no contributions; Maria Delsasi: no contribu- JOHN J. FENNERTY, OF VIRGINIA MARK ANDREW EYLER ROBERT W. FORDEN, OF CALIFORNIA JON G. GAGE tions. PHILIP A. FRAYNE, OF NEW YORK SEAN P. GILL 7. Sisters and Spouses: n/a. JENNIFER ZIMDAHL GALT, OF COLORADO RICHARD HAHN ETHAN AARON GOLDRICH, OF MARYLAND PATRICIA J. HILL KATHLEEN D. HANSON, OF THE DISTRICT OF COLUMBIA JAMES T. HURLEY *JO ELLEN POWELL, OF MARYLAND, A CAREER MEM- JEFFREY J. HAWKINS, OF CALIFORNIA JAMES K. INGALSBE BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- L. VICTOR HURTADO, OF COLORADO KENNETH D IVERY ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- MICHAEL JOSEPH JACOBSEN, OF TEXAS ERIC W. JOHNSON DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CATHERINE J. JARVIS, OF MINNESOTA MICHAEL J. JOHNSTON OF AMERICA TO THE ISLAMIC REPUBLIC OF MAURI- DEBORAH A. JONES, OF VIRGINIA THOMAS L. KAYE TANIA. JULIE LYNN KAVANAGH, OF VIRGINIA CHRISTOPHER S. KEANE Nominee: Jo Ellen Powell. VIRGINIA IDELLE KEENER, OF MARYLAND JOSEPH B. KIMBALL MICHAEL STANLEY KLECHESKI, OF VIRGINIA JAMES C. KOERMER Post: Mauritania. DEBORAH E. KLEPP, OF NEW YORK JOHN T. KONDRATOWICZ (The following is a list of all members of MICHELLE A. LABONTE, OF VIRGINIA AMY B. KRITZ my immediate family and their spouses. I ALEXANDER MARK LASKARIS, OF THE DISTRICT OF CO- ERIK C. LANGENBACHER LUMBIA WILLIAM J. LAWRENCE have asked each of these persons to inform KENT D. LOGSDON, OF FLORIDA RICHARD E. LORENZEN me of the pertinent contributions made by MATTHEW ROBERT LUSSENHOP, OF MINNESOTA TODD W. LUTES them. To the best of my knowledge, the in- JOSEPH MANSO, OF NEW YORK ROBERT D. MACLEOD ELIZABETH LEE MARTINEZ, OF OHIO TIMOTHY M. MCGUIRE formation contained in this report is com- LARRY L. MEMMOTT, OF FLORIDA PETER A. MINGO plete and accurate.) ROBIN D. MEYER, OF THE DISTRICT OF COLUMBIA DAVID W. MURK Contributions, amount, date, and donee: MARC J. MEZNAR, OF MICHIGAN JOHN P. NEWBY ELISABETH INGA MILLARD, OF VIRGINIA ANDREW J. NORRIS 1. Self: none. MATTHAIS J. MITMAN, OF FLORIDA JAMES S. OKEEFE 2. Spouse: Stephen Engelken: none. MICHAEL KENT MORROW, OF VIRGINIA GEORGE J. PAITL 3. Children and Spouses: John B.S. KIN WAH MOY, OF NEW YORK GREGORY T. PRESTIDGE WARREN PATRICK MURPHY, OF VIRGINIA JEFFREY L. RADGOWSKI Engelken: none. ROBERT STEPHEN NEEDHAM, OF FLORIDA LUKE M. REID 4. Parents: John Millard Powell: deceased; ERIC G. NELSON, OF TEXAS PHILIP C. SCHIFFLIN Janes Rogers Powell: deceased. BETH A. PAYNE, OF THE DISTRICT OF COLUMBIA SANDRA K. SELMAN Parents in Law: Howard Clason Engelken: MARK X. PERRY, OF MARYLAND DAVID P. SEMNOSKI ANN E. PFORZHEIMER, OF NEW YORK JOHN P. SLAUGHTER deceased; Ruth Emily Engelken: deceased. MARY CATHERINE PHEE, OF THE DISTRICT OF COLUMBIA ANDREW M. SUGIMOTO 5. Grandparents: Lasca Beauchamp Martin: PAUL P. POMETTO II, OF THE DISTRICT OF COLUMBIA BRIAN P. THOMPSON deceased; Joseph Martin: deceased. ELIZABETH CANDACE PUTNAM, OF VIRGINIA DANIEL J. TRAVERS ANDREW J. QUINN, OF NEW YORK DARRYL P. VERFAILLIE 6. Brothers and Spouses: none. ROBIN S. QUINVILLE, OF CALIFORNIA EVAN WATANABE 7. Sisters and Spouses: Susan Jane Powell: MICHAEL A. RATNEY, OF MASSACHUSETTS GEORGE P. WELZANT none; Spouse Michael Hayre: deceased; Sara SCOTT M. RAULAND, OF FLORIDA CASEY J. WHITE CHRISTOPHER J. RICHARD, OF VIRGINIA TODD C. WIEMERS Rogers Powell: none; Ex-spouse Michael ELIZABETH H. RICHARD, OF TEXAS STEVEN M. WISCHMANN Kirkendall: unknown*; Mary John Powell: ADELE E. RUPPE, OF MARYLAND AYLWYN S. YOUNG none. CHRISTOPHER J. SANDROLINI, OF ILLINOIS IN THE ARMY DOROTHY KREBS SARRO, OF ARIZONA * My sister Sara was divorced nearly 20 CYNTHIA C. SHARPE, OF TEXAS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT years ago and I have not seen her former CHERYL JANE SIM, OF VIRGINIA TO THE GRADE INDICATED IN THE RESERVE OF THE spouse in 20 years. I do not know his where- JOHN STEVENS, OF CALIFORNIA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: SUSAN N. STEVENSON, OF FLORIDA abouts. KEVIN KING SULLIVAN, OF CALIFORNIA To be colonel BRUCE IRVIN TURNER, OF COLORADO DIANE J. BOESE * MARK M. BOULWARE, OF TEXAS, A CAREER MEMBER THOMAS LASZLO VAJDA, OF VIRGINIA MICHAEL P. ELLERBE OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- J. RICHARD WALSH, OF WYOMING DEIRDRE M. KANE COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PATRICK WILLIAM WALSH, OF CONNECTICUT DAMON T. MATHIS PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA BRIAN WILLIAM WILSON, OF WASHINGTON MICHAEL W. MCDOUGAL TO THE REPUBLIC OF CHAD. * CHRISTOPHER J. MCMULLEN, OF VIRGINIA, A CAREER CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, PHILIP N. WASYLINA MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND IN THE NAVY MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- SECRETARIES IN THE DIPLOMATIC SERVICE OF THE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES UNITED STATES OF AMERICA: IN THE NAVY OF AMERICA TO THE REPUBLIC OF ANGOLA. THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- JAN D. ABBOTT, OF VIRGINIA Nominee: Christopher J. McMullen. FREDERICK M. ARMAND, JR., OF FLORIDA MENT TO THE GRADE INDICATED IN THE REGULAR NAVY CHARLES D. BRANDEIS, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTION 531: Post: Angola. ROBERT J. BROWNING II, OF WASHINGTON To be lieutenant commander (The following is a list of all members of JAMES D. COMBS, OF VIRGINIA my immediate family and their spouses. I JASPER RAY DANIELS, OF NORTH CAROLINA PATRICK C. DANIELS KIMBER E. DAVIDSON, OF VIRGINIA THOMAS L. EDLER have asked each of these persons to inform STEPHEN G. FAKAN, OF OHIO me of the pertinent contributions made by f JOHN E. FITZSIMMONS, OF MARYLAND them.) CHRISTOPHER F. FLYNN, OF VIRGINIA LAWRENCE W. GERNON, OF VIRGINIA DISCHARGED NOMINATIONS Contributions, amount, date, and donee: ROBERT E. GOODRICH, OF VIRGINIA 1. Self: none. HOWARD LEE KEEGAN, OF TEXAS The Senate Committee on Foreign 2. Spouse: Laurel A. McMullen: none. JAMES A. LEHMAN, OF CALIFORNIA Relations was discharged from further 3. Children and Spouses: NA. JERI LYNN LOCKMAN, OF WYOMING MONTE P. MAKOUS, OF PENNSYLVANIA consideration of the following nomina- 4. Parents (both deceased): Francis J. GEORGE M. NUTWELL III, OF MARYLAND tions by unanimous consent: McMullen: none; Albertine McMullen: none.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2010 CONGRESSIONAL RECORD — SENATE S7777 5. Grandparents (all deceased): Patrick for President, 75.00; Club for Growth, 100.00; KATHLEEN A. MERRIGAN, OF MASSACHUSETTS, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE COM- McMullen: none; Maryann Maguire: none; Steve Buehrer (R–Ohio), 100.00. 2006: Liber- MODITY CREDIT CORPORATION. William J. Kelly: none; Albertine Sanger: tarian National Committee, 75.00; Jim Gil- JAMES W. MILLER, OF VIRGINIA, TO BE A MEMBER OF none. christ for Congress—CA, 100.00; Club for THE BOARD OF DIRECTORS OF THE COMMODITY CREDIT CORPORATION. 6. Brothers and Spouses: Francis J. Growth, 250.00; Texans for Cuellar (D–TX–28), DALLAS P. TONSAGER, OF SOUTH DAKOTA, TO BE A McMullen: $25.00, 8/08, Jane Ballard Dyer (D) 100.00; A. Smith for Congress (R–NE–3), MEMBER OF THE BOARD OF DIRECTORS OF THE COM- 3rd Congressional District, Easley, SC; $50.00, 150.00; Angle for Congress (R–NV–2), 50.00; MODITY CREDIT CORPORATION. 10/09, Jane Ballard Dyer (D) 3rd Congres- Laffey US Senate—RI, 150.00; Keith Butler sional District, Easley, SC. Christine for US Senate—MI, 100.00; Sali for Congress f McMullen: none. (R–ID–1), 50.00; Mark Kennedy US Senate 7. Sisters and Spouses: Joan Finnegan: 2006—MN, 50.00; Krinkie for Congress (R–MN– CONFIRMATIONS none; William Finnegan: none. 6), 50.00; Walberg for Congress (MI–7), 150.00; Executive nominations confirmed by Vernon Robinson for Congress (R–NC–13), the Senate, Wednesday, September 29, *WANDA L. NESBITT, OF PENNSYLVANIA, A CAREER 50.00; Scjwartz for Senate (MI Libertarian), 2010: MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF 200.00; Calvey for Congress (OK–5) 50.00; MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- LEGAL SERVICES CORPORATION DINARY AND PLENIPOTENTIARY OF THE UNITED STATES Friends of Bill Hall, Libertarian, 34.00. OF AMERICA TO THE REPUBLIC OF NAMIBIA. 7. Sisters and Spouses: no sisters. JULIE A. REISKIN, OF COLORADO, TO BE MEMBER OF THE BOARD OF DIRECTORS OF THE LEGAL SERVICES Nominee: Wanda L. Nesbitt. CORPORATION FOR A TERM EXPIRING JULY 13 , 2010. Post: Ambassador to the Republic of Na- *NANCY E. LINDBORG, OF THE DISTRICT OF COLUMBIA, GLORIA VALENCIA—WEBER, OF NEW MEXICO, TO BE A TO BE AN ASSISTANT ADMINISTRATOR OF THE UNITED mibia. MEMBER OF THE BOARD OF DIRECTORS OF THE LEGAL STATES AGENCY FOR INTERNATIONAL DEVELOPMENT. SERVICES CORPORATION FOR A TERM EXPIRING JULY 13, (The following is a list of all members of *DONALD KENNETH STEINBERG, OF CALIFORNIA, TO BE 2011. my immediate family and their spouses. I DEPUTY ADMINISTRATOR OF THE UNITED STATES AGEN- CY FOR INTERNATIONAL DEVELOPMENT. DEPARTMENT OF STATE have asked each of these persons to inform *CAMERON MUNTER, OF CALIFORNIA, A CAREER MEM- me of the pertinent contributions made by BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- RAUL YZAGUIRRE, OF MARYLAND, TO BE AMBASSADOR them. To the best of my knowledge, the in- SELOR, TO BE AMBASSADOR EXTRAORDINARY AND EXTRAORDINARY AND PLENIPOTENTIARY OF THE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA UNITED STATES OF AMERICA TO THE DOMINICAN REPUB- formation contained in this report is com- TO THE ISLAMIC REPUBLIC OF PAKISTAN. LIC. plete and accurate.) Nominee: Cameron Phelps Munter. FEDERAL RESERVE SYSTEM Contributions, amount, date, and donee: Post: U.S. Embassy Islamabad. SARAH BLOOM RASKIN, OF MARYLAND, TO BE A MEM- 1. Self: none. (The following is a list of all members of BER OF THE BOARD OF GOVERNORS OF THE FEDERAL 2. Spouse: none. my immediate family and their spouses. I RESERVE SYSTEM FOR THE UNEXPIRED TERM OF FOUR- 3. Children and Spouses: (no children). TEEN YEARS FROM FEBRUARY 1, 2002. have asked each of these persons to inform JANET L. YELLEN, OF CALIFORNIA, TO BE A MEMBER 4. Parents: James Wolfe Nesbitt: none—de- me of the pertinent contributions made by OF THE BOARD OF GOVERNORS OF THE FEDERAL RE- ceased; Edna Delacey Pearson: None—de- them. To the best of my knowledge, the in- SERVE SYSTEM FOR A TERM OF FOURTEEN YEARS FROM ceased. FEBRUARY 1, 2010. formation contained in this report is com- JANET L. YELLEN, OF CALIFORNIA, TO BE VICE CHAIR- 5. Grandparents: None—grandparents de- plete and accurate.) MAN OF THE BOARD OF GOVERNORS OF THE FEDERAL ceased since 1964. Contributions, amount, date, and donee: RESERVE SYSTEM FOR A TERM OF FOUR YEARS. 6. Brothers and Spouses: James W. Nesbitt, 1. Self: N/A. DEPARTMENT OF ENERGY Jr.: none. 2. Spouse: N/A. ANNE M. HARRINGTON, OF VIRGINIA, TO BE DEPUTY 7. Sisters and Spouses*: Cheryl D. Nesbitt: 3. Children and Spouses: N/A. ADMINISTRATOR FOR DEFENSE NUCLEAR NON- $2,500.00, 8/31/07, Obama; Gloria Lynn Nesbitt: 4. Parents: N/A. PROLIFERATION, NATIONAL NUCLEAR SECURITY ADMIN- $2,500.00, 8/31/07, Obama. Natalie A. Nesbitt: 5. Grandparents: N/A. ISTRATION. $2,500.00, 8/31/07, Obama. 6. Brothers and Spouses: N/A. DEPARTMENT OF JUSTICE *Donations are identical because they were 7. Sisters and Spouses: N/A. JOSEPH H. HOGSETT, OF INDIANA, TO BE UNITED for attendance at an event hosted by Oprah STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF IN- Winfrey. *PAMELA ANN WHITE, OF MAINE, CAREER MEMBER OF DIANA FOR THE TERM OF FOUR YEARS. THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN- MICHAEL J. MOORE, OF GEORGIA, TO BE UNITED ISTER, TO BE AMBASSABOR EXTRAORDINARY AND PLEN- STATES ATTORNEY FOR THE MIDDLE DISTRICT OF * KAREN BREVARD STEWART, OF FLORIDA, A CAREER IPOTENTIARY OF THE UNITED STATES OF AMERICA TO GEORGIA FOR THE TERM OF FOUR YEARS. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF THE REPUBLIC OF THE GAMBIA. BEVERLY JOYCE HARVARD, OF GEORGIA, TO BE MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- UNITED STATES MARSHAL FOR THE NORTHERN DIS- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES Nominee: Pamela Ann White. TRICT OF GEORGIA FOR THE TERM OF FOUR YEARS. OF AMERICA TO THE LAO PEOPLE’S DEMOCRATIC REPUB- Post: Gambia. JAMES EDWARD CLARK, OF KENTUCKY, TO BE UNITED LIC. (The following is a list of all members of STATES MARSHAL FOR THE WESTERN DISTRICT OF KEN- TUCKY FOR THE TERM OF FOUR YEARS. Nominee: Karen Brevard Stewart. my immediate family and their spouses. I KENNETH JAMES RUNDE, OF IOWA, TO BE UNITED Post: Ambassador to Laos. have asked each of these persons to inform STATES MARSHAL FOR THE NORTHERN DISTRICT OF (The following is a list of all members of me of the pertinent contributions made by IOWA FOR THE TERM OF FOUR YEARS. MICHAEL ROBERT BLADEL, OF IOWA, TO BE UNITED my immediate family and their spouses. I them. To the best of my knowledge, the in- STATES MARSHAL FOR THE SOUTHERN DISTRICT OF have asked each of these persons to inform formation contained in this report is com- IOWA FOR THE TERM OF FOUR YEARS. me of the pertinent contributions made by plete and accurate. FEDERAL HOUSING FINANCE AGENCY them. To the best of my knowledge, the in- Contributions, amount, date, and donee: STEVE A. LINICK, OF VIRGINIA, TO BE INSPECTOR GEN- formation contained in this report is com- 1. Self: I gave to Obama campaign in Janu- ERAL OF THE FEDERAL HOUSING FINANCE AGENCY. plete and accurate.) ary and June 2008, $400.00. EXPORT-IMPORT BANK OF THE UNITED STATES Contributions, amount, date, and donee: 2. Spouse: Steve Cowper: none. 1. Self: none. 3. Children and Spouses: Kristopher White: OSVALDO LUIS GRATACOS MUNET, OF PUERTO RICO, TO 2. Spouse: no spouse. none; Patrick White: none. BE INSPECTOR GENERAL, EXPORT-IMPORT BANK. 3. Children and Spouses: no children. 4. Parents: Muriel and Richard Murphy: AFRICAN DEVELOPMENT FOUNDATION 4. Parents: Selden L. Stewart II: deceased; none. EDWARD W. BREHM, OF MINNESOTA, TO BE A MEMBER Brevard N. Stewart: deceased. 5. Grandparents: deceased. OF THE BOARD OF DIRECTORS OF THE AFRICAN DEVEL- 6. Brothers and Spouses: Sandra Nadeau: OPMENT FOUNDATION FOR A TERM EXPIRING SEP- 5. Grandparents: Selden L. Stewart: de- TEMBER 22, 2011. ceased; Nancy Stewart: deceased; Roy D. none. JOHNNIE CARSON, AN ASSISTANT SECRETARY OF Stubbs: deceased; Georgia S. Stubbs: de- 7. Sisters and Spouses: Edmund Nadeau: STATE (AFRICAN AFFAIRS), TO BE A MEMBER OF THE none. BOARD OF DIRECTORS OF THE AFRICAN DEVELOPMENT ceased. FOUNDATION FOR A TERM EXPIRING SEPTEMBER 27, 2015. 6. Brothers and Spouses: Selden L. Stewart The Senate Committee on the Judici- MIMI E. ALEMAYEHOU, EXECUTIVE VICE PRESIDENT OF III: deceased; (spouse) Kathryn H. Stewart: THE OVERSEAS PRIVATE INVESTMENT CORPORATION, ary was discharged from further con- TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE none; David N. Stewart and (spouse) Chris- sideration of the following nominations AFRICAN DEVELOPMENT FOUNDATION FOR A TERM EX- tine L. Stewart: 2010 to date (January to by unanimous consent: PIRING SEPTEMBER 22, 2015. March): none; 2009: Libertarian National DEPARTMENT OF STATE Party, 100.00; The Heritage Foundation, 25.00; MICHAEL C. ORMSBY, OF WASHINGTON, TO BE UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT OF DUANE E. WOERTH, OF NEBRASKA, FOR THE RANK OF Club for Growth PAC, 20.00; Pat Toomey for WASHINGTON FOR THE TERM OF FOUR YEARS. AMBASSADOR DURING HIS TENURE OF SERVICE AS REP- Senate—PA, 50.00; Marijuana Policy Project MARK F. GREEN, OF OKLAHOMA, TO BE UNITED STATES RESENTATIVE OF THE UNITED STATES OF AMERICA ON PAC, 100.00; Dough Hoffman for Congress— ATTORNEY FOR THE EASTERN DISTRICT OF OKLAHOMA THE COUNCIL OF THE INTERNATIONAL CIVIL AVIATION FOR THE TERM OF FOUR YEARS. ORGANIZATION. NY, 30.00; National Republican Senate Com- PAUL CHARLES THIELEN, OF SOUTH DAKOTA, TO BE ALEXANDER A. ARVIZU, OF VIRGINIA, A CAREER MEM- mittee, 25.00. 2008: Libertarian National UNITED STATES MARSHAL FOR THE DISTRICT OF SOUTH BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- Committee, 125.00; Woody Jenkins for Con- DAKOTA FOR THE TERM OF FOUR YEARS. ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE SENATE COMMITTEE ON AGRICULTURE, NUTRI- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES gress—LA, 60.00; Obama for America, 135.00; TION, AND FORESTRY WAS DISCHARGED FROM FURTHER OF AMERICA TO THE REPUBLIC OF ALBANIA. Barr 08 Presidential Committee, 250.00; Mari- CONSIDERATION OF THE FOLLOWING NOMINATIONS BY JOSEPH A. MUSSOMELI, OF VIRGINIA, A CAREER MEM- juana Policy Project PAC, 225.00; Comerica UNANIMOUS CONSENT. BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- KEVIN W. CONCANNON, OF MAINE, TO BE A MEMBER OF ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- PAC, 235.00. 2007: Libertarian Party, 25.00; THE BOARD OF DIRECTORS OF THE COMMODITY CREDIT DINARY AND PLENIPOTENTIARY OF THE UNITED STATES Romney for President, 25.00; John Edwards CORPORATION. OF AMERICA TO THE REPUBLIC OF SLOVENIA.

VerDate Mar 15 2010 01:52 Nov 17, 2010 Jkt 099060 PO 00000 Frm 00107 Fmt 4624 Sfmt 9801 E:\RECORD10\S29SE0.REC S29SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7778 CONGRESSIONAL RECORD — SENATE September 29, 2010

DEPARTMENT OF JUSTICE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE IN THE MARINE CORPS AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WILLIAM C. KILLIAN, OF TENNESSEE, TO BE UNITED 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STATES ATTORNEY FOR THE EASTERN DISTRICT OF AS COMMANDANT OF THE MARINE CORPS, AND APPOINT- TENNESSEE FOR THE TERM OF FOUR YEARS. To be lieutenant general MENT TO THE GRADE INDICATED WHILE ASSIGNED TO A ROBERT E. O’NEILL, OF FLORIDA, TO BE UNITED MAJ. GEN. STANLEY T. KRESGE POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER STATES ATTORNEY FOR THE MIDDLE DISTRICT OF FLOR- TITLE 10 U.S.C., SECTIONS 5043 AND 601: IDA FOR THE TERM OF FOUR YEARS. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALBERT NAJERA, OF CALIFORNIA, TO BE UNITED IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be general CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE STATES MARSHAL FOR THE EASTERN DISTRICT OF CALI- GEN. JAMES F. AMOS FORNIA FOR THE TERM OF FOUR YEARS. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM CLAUD SIBERT, OF MISSOURI, TO BE UNITED 601: AS ASSISTANT COMMANDANT OF THE MARINE CORPS, STATES MARSHAL FOR THE EASTERN DISTRICT OF MIS- To be lieutenant general AND APPOINTMENT TO THE GRADE INDICATED WHILE SOURI FOR THE TERM OF FOUR YEARS. ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- MYRON MARTIN SUTTON, OF INDIANA, TO BE UNITED MAJ. GEN. SUSAN J. HELMS SIBILITY UNDER TITLE 10, U.S.C., SECTIONS 5044 AND 601: STATES MARSHAL FOR THE NORTHERN DISTRICT OF IN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DIANA FOR THE TERM OF FOUR YEARS. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be general DAVID MARK SINGER, OF CALIFORNIA, TO BE UNITED CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE LT. GEN. JOSEPH F. DUNFORD, JR. STATES MARSHAL FOR THE CENTRAL DISTRICT OF CALI- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION FORNIA FOR THE TERM OF FOUR YEARS. 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY THOMAS HOLT, OF TENNESSEE, TO BE TO THE GRADE OF LIEUTENANT GENERAL IN THE UNITED STATES MARSHAL FOR THE WESTERN DISTRICT To be lieutenant general UNITED STATES MARINE CORPS WHILE ASSIGNED TO A OF TENNESSEE FOR THE TERM OF FOUR YEARS. MAJ. GEN. DARRELL D. JONES POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER STEVEN CLAYTON STAFFORD, OF CALIFORNIA, TO BE TITLE 10, U.S.C., SECTION 601: UNITED STATES MARSHAL FOR THE SOUTHERN DIS- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TRICT OF CALIFORNIA FOR THE TERM OF FOUR YEARS. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be lieutenant general CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE LT. GEN. THOMAS D. WALDHAUSER NATIONAL MUSEUM AND LIBRARY SERVICES AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION BOARD 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE OF LIEUTENANT GENERAL IN THE MARY MINOW, OF CALIFORNIA, TO BE A MEMBER OF To be lieutenant general UNITED STATES MARINE CORPS WHILE ASSIGNED TO A THE NATIONAL MUSEUM AND LIBRARY SERVICES BOARD POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER LT. GEN. LARRY D. JAMES FOR A TERM EXPIRING DECEMBER 6, 2014. TITLE 10, U.S.C., SECTION 601: NATIONAL SCIENCE FOUNDATION IN THE ARMY To be lieutenant general THE FOLLOWING ARMY NATIONAL GUARD OF THE SUBRA SURESH, OF MASSACHUSETTS, TO BE DIRECTOR MAJ. GEN. ROBERT B. NELLER OF THE NATIONAL SCIENCE FOUNDATION FOR A TERM UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF SIX YEARS. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TO THE GRADE OF LIEUTENANT GENERAL IN THE NATIONAL COUNCIL ON DISABILITY UNITED STATES MARINE CORPS WHILE ASSIGNED TO A To be brigadier general POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER PAMELA YOUNG-HOLMES, OF WISCONSIN, TO BE A TITLE 10, U.S.C., SECTION 601: MEMBER OF THE NATIONAL COUNCIL ON DISABILITY COL. ARTHUR W. HINAMAN FOR A TERM EXPIRING SEPTEMBER 17, 2013. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general IN THE UNITED STATES ARMY TO THE GRADE INDICATED MAJ. GEN. RICHARD T. TRYON LEGAL SERVICES CORPORATION WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT HARRY JAMES FRANKLYN KORRELL III, OF WASH- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TO THE GRADE OF LIEUTENANT GENERAL IN THE INGTON, TO BE A MEMBER OF THE BOARD OF DIRECTORS To be lieutenant general UNITED STATES MARINE CORPS WHILE ASSIGNED TO A OF THE LEGAL SERVICES CORPORATION FOR A TERM EX- POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER PIRING JULY 13, 2011. MAJ. GEN. CURTIS M. SCAPARROTTI TITLE 10, U.S.C., SECTION 601: JOSEPH PIUS PIETRZYK, OF OHIO, TO BE A MEMBER OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE BOARD OF DIRECTORS OF THE LEGAL SERVICES IN THE RESERVE OF THE ARMY TO THE GRADE INDI- To be lieutenant general CORPORATION FOR A TERM EXPIRING JULY 13, 2011. CATED UNDER TITLE 10, U.S.C., SECTION 12203: JULIE A. REISKIN, OF COLORADO, TO BE A MEMBER OF LT. GEN. TERRY G. ROBLING THE BOARD OF DIRECTORS OF THE LEGAL SERVICES To be brigadier general IN THE NAVY CORPORATION FOR A TERM EXPIRING JULY 13, 2013. COL. PHILLIP M. CHURN, SR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE AIR FORCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY RESERVE TO THE GRADE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADE INDI- INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 12203: To be rear admiral (lower half) CATED UNDER TITLE 10, U.S.C., SECTION 624: To be brigadier general To be major general CAPT. CHARLES D. HARR COL. DANIEL J. DIRE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. ALFRED J. STEWART THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY TO THE GRADE INDI- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CATED UNDER TITLE 10, U.S.C., SECTION 12203: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 624: To be brigadier general To be vice admiral To be brigadier general COL. RONALD E. DZIEDZICKI REAR ADM. (SELECTEE) JOHN M. RICHARDSON COL. CHRISTOPHER J. BENCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be lieutenant general To be vice admiral 601: MAJ. GEN. JOHN D. JOHNSON REAR ADM. CECIL E. HANEY To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CENTRAL INTELLIGENCE MAJ. GEN. JAMES M. KOWALSKI TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID B. BUCKLEY, OF VIRGINIA, TO BE INSPECTOR AS VICE CHIEF OF STAFF, UNITED STATES AIR FORCE, To be brigadier general GENERAL, CENTRAL INTELLIGENCE AGENCY. AND APPOINTMENT TO THE GRADE INDICATED WHILE THE JUDICIARY ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- COL. JOSEPH A. BRENDLER SIBILITY UNDER TITLE 10, U.S.C., SECTIONS 8034 AND 601: THE FOLLOWING ARMY NATIONAL GUARD OF THE MARIA ELIZABETH RAFFINAN, OF THE DISTRICT OF CO- To be general UNITED STATES OFFICERS FOR APPOINTMENT IN THE LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR RESERVE OF THE ARMY TO THE GRADE INDICATED COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM LT. GEN. PHILIP M. BREEDLOVE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: OF FIFTEEN YEARS. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be brigadier general IN THE AIR FORCE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- AIR FORCE NOMINATIONS BEGINNING WITH ROBERT L. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE COL. DANA M. CAPOZZELLA GAUER AND ENDING WITH RAJENDRA C. YANDE, WHICH AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION COL. STEPHEN L. DANNER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 601: THE FOLLOWING ARMY NATIONAL GUARD OF THE PEARED IN THE CONGRESSIONAL RECORD ON SEP- To be general UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- TEMBER 16, 2010. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER AIR FORCE NOMINATIONS BEGINNING WITH ARLENE D. LT. GEN. WILLIAM L. SHELTON TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ADAMS AND ENDING WITH AMY S. WOOSLEY, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- PEARED IN THE CONGRESSIONAL RECORD ON SEP- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE BRIG. GEN. MARIA L. BRITT TEMBER 16, 2010. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING ARMY NATIONAL GUARD OF THE AIR FORCE NOMINATIONS BEGINNING WITH MARIANNE 601: UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- E. ALANIZ AND ENDING WITH MARK L. WIMLEY, WHICH To be lieutenant general SERVE OF THE ARMY TO THE GRADE INDICATED UNDER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TITLE 10, U.S.C., SECTIONS 12203 AND 12211: PEARED IN THE CONGRESSIONAL RECORD ON SEP- LT. GEN. RICHARD Y. NEWTON III TEMBER 16, 2010. To be major general AIR FORCE NOMINATION OF ERNEST J. PROCHAZKA, TO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BE COLONEL. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BRIG. GEN. WILLIAM L. FREEMAN, JR. AIR FORCE NOMINATIONS BEGINNING WITH DANIEL P. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE THE FOLLOWING ARMY NATIONAL GUARD OF THE GILLIGAN AND ENDING WITH NGHIA H. NGUYEN, WHICH AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 601: SERVE OF THE ARMY TO THE GRADE INDICATED WHILE PEARED IN THE CONGRESSIONAL RECORD ON SEP- To be lieutenant general ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- TEMBER 23, 2010. SIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE ARMY LT. GEN. HERBERT J. CARLISLE To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF ROBERT H. KEWLEY, JR., TO BE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MAJ. GEN. FRANK J. GRASS LIEUTENANT COLONEL.

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ARMY NOMINATION OF WILEY C. THOMPSON, TO BE ARMY NOMINATIONS BEGINNING WITH DIXIE J. BURN- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- LIEUTENANT COLONEL. ER AND ENDING WITH ELIZABETH A. WILLIAMS, WHICH PEARED IN THE CONGRESSIONAL RECORD ON SEP- ARMY NOMINATION OF RAYMOND C. NELSON, TO BE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TEMBER 20, 2010. COLONEL. PEARED IN THE CONGRESSIONAL RECORD ON SEP- ARMY NOMINATIONS BEGINNING WITH PAMELA K. KING ARMY NOMINATION OF BERNARD B. BANKS, TO BE TEMBER 16, 2010. AND ENDING WITH MARILYN TORRES, WHICH NOMINA- COLONEL. ARMY NOMINATIONS BEGINNING WITH MICHELL L. TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATION OF DAVID A. WALLACE, TO BE AUCK AND ENDING WITH D010491, WHICH NOMINATIONS IN THE CONGRESSIONAL RECORD ON SEPTEMBER 20, 2010. COLONEL. WERE RECEIVED BY THE SENATE AND APPEARED IN THE ARMY NOMINATIONS BEGINNING WITH MARIA E. ARMY NOMINATIONS BEGINNING WITH MELISSA R. CONGRESSIONAL RECORD ON SEPTEMBER 16, 2010. BOVILL AND ENDING WITH JOANNA J. REAGAN, WHICH COVOLESKY AND ENDING WITH JOHN H. STEPHENSON II, ARMY NOMINATIONS BEGINNING WITH LANEICE L. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ABDELSHAKUR AND ENDING WITH SASHI A. ZICKEFOOSE, PEARED IN THE CONGRESSIONAL RECORD ON SEP- AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TEMBER 23, 2010. GUST 3, 2010. AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATIONS BEGINNING WITH MARK E. BEICKE ARMY NOMINATION OF JONATHAN J. MCCOLUMN, TO BE SEPTEMBER 16, 2010. AND ENDING WITH JAMES D. TOOMBS, WHICH NOMINA- COLONEL. ARMY NOMINATIONS BEGINNING WITH JOSEPH H. TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATION OF DANIEL E. BANKS, TO BE LIEU- AFANADOR AND ENDING WITH D010299, WHICH NOMINA- IN THE CONGRESSIONAL RECORD ON SEPTEMBER 23, 2010. TENANT COLONEL. TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATIONS BEGINNING WITH TODD O. JOHN- ARMY NOMINATION OF LATANYA A. POPE, TO BE IN THE CONGRESSIONAL RECORD ON SEPTEMBER 16, 2010. SON AND ENDING WITH TAMI ZALEWSKI, WHICH NOMINA- MAJOR. ARMY NOMINATION OF DAVID C. DECKER, TO BE TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATION OF NED W. ROBERTS, JR., TO BE MAJOR. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 23, 2010. MAJOR. ARMY NOMINATION OF ELIZABETH S. MASON, TO BE ARMY NOMINATIONS BEGINNING WITH MARK R. BENNE ARMY NOMINATION OF JOHN W. PAUL, TO BE MAJOR. MAJOR. AND ENDING WITH JAMES WOOD, WHICH NOMINATIONS ARMY NOMINATIONS BEGINNING WITH ERIC S. ALFORD ARMY NOMINATIONS BEGINNING WITH YVONNE J. WERE RECEIVED BY THE SENATE AND APPEARED IN THE AND ENDING WITH MICHAEL K. HANIFAN, WHICH NOMI- FLEISCHMAN AND ENDING WITH WENDY M. ROSS, WHICH CONGRESSIONAL RECORD ON SEPTEMBER 23, 2010. NATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH CELETHIA M. PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 3, PEARED IN THE CONGRESSIONAL RECORD ON SEP- ABNERWISE AND ENDING WITH LISA A. TOVEN, WHICH 2010. TEMBER 20, 2010. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH GEORGE W. ARMY NOMINATIONS BEGINNING WITH MARILYN S. PEARED IN THE CONGRESSIONAL RECORD ON SEP- MELELEU AND ENDING WITH AARON L. POLSTON, WHICH CHIAFULLO AND ENDING WITH HOWARD D. REITZ, JR., TEMBER 23, 2010. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATIONS BEGINNING WITH PAUL D. ANDER- PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 3, AND APPEARED IN THE CONGRESSIONAL RECORD ON SON AND ENDING WITH ALEX P. ZOTOMAYOR, WHICH 2010. SEPTEMBER 20, 2010. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH DEAN P. ARMY NOMINATION OF CONNIE C. DYER, TO BE COLO- PEARED IN THE CONGRESSIONAL RECORD ON SEP- SUANICO AND ENDING WITH ELIZABETH R. OATES, NEL. TEMBER 23, 2010. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATION OF JONATHAN J. BEITLER, TO BE AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- COLONEL. ARMY NOMINATIONS BEGINNING WITH WILLIAM P. GUST 3, 2010. ARMY NOMINATION OF DAVID K. POWELL, TO BE COLO- ADELMAN AND ENDING WITH DAVID C. ZENGER, WHICH ARMY NOMINATIONS BEGINNING WITH BRIAN F. LANE NEL. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING WITH KIMBERLY D. KUMER, WHICH NOMINA- ARMY NOMINATIONS BEGINNING WITH JOHN J. PEARED IN THE CONGRESSIONAL RECORD ON SEP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED FERENCE AND ENDING WITH DAVID M. SCHLAACK, WHICH TEMBER 23, 2010. IN THE CONGRESSIONAL RECORD ON AUGUST 3, 2010. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE NAVY ARMY NOMINATIONS BEGINNING WITH DUSTIN C. PEARED IN THE CONGRESSIONAL RECORD ON SEP- FRAZIER AND ENDING WITH COURTNEY T. TRIPP, WHICH TEMBER 20, 2010. NAVY NOMINATION OF TIMOTHY J. RINGO, TO BE LIEU- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH JULIE A. BLIKE TENANT COMMANDER. PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 3, AND ENDING WITH AVA J. WALKER, WHICH NOMINATIONS NAVY NOMINATIONS BEGINNING WITH WILLIAM A. 2010. WERE RECEIVED BY THE SENATE AND APPEARED IN THE BROWN, JR. AND ENDING WITH PAUL J. WISNIEWSKI, ARMY NOMINATIONS BEGINNING WITH DONALD P. CONGRESSIONAL RECORD ON SEPTEMBER 20, 2010. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BANDY AND ENDING WITH KEITH J. WILSON, WHICH ARMY NOMINATIONS BEGINNING WITH WILLIAM B. AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRITT AND ENDING WITH LYNN A. WISE, WHICH NOMINA- GUST 3, 2010. PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 3, TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATIONS BEGINNING WITH JAIME E. 2010. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 20, 2010. RODRIGUEZ AND ENDING WITH VINCENT M. PERONTI, ARMY NOMINATIONS BEGINNING WITH STANLEY ARMY NOMINATIONS BEGINNING WITH JAMES T. BAR- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE GREEN AND ENDING WITH JON B . TIPTON, WHICH NOMI- BER, JR. AND ENDING WITH JOSEPH C. WOOD, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- NATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- GUST 3, 2010. PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 3, PEARED IN THE CONGRESSIONAL RECORD ON SEP- NAVY NOMINATION OF ROBERT C. MOORE, TO BE COM- 2010. TEMBER 20, 2010. MANDER. ARMY NOMINATIONS BEGINNING WITH PATRICK L. ARMY NOMINATIONS BEGINNING WITH SANDRA L. NAVY NOMINATIONS BEGINNING WITH STEVEN D. MALLETT AND ENDING WITH SCOTT H. SINKULAR, WHICH ALVEY AND ENDING WITH AARON TUCKER, WHICH NOMI- SENEY AND ENDING WITH NICHOLAS A. SINNOKRAK, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 4, PEARED IN THE CONGRESSIONAL RECORD ON SEP- AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- 2010. TEMBER 20, 2010. GUST 4, 2010. ARMY NOMINATIONS BEGINNING WITH LANNY J. ARMY NOMINATIONS BEGINNING WITH JAN E. NAVY NOMINATIONS BEGINNING WITH ABBY L. ACOSTA, JR. AND ENDING WITH PATRICK L. VERGONA, ALDYKIEWICZ AND ENDING WITH LOUIS P. YOB, WHICH ODONNELL AND ENDING WITH STELLA J. WEISS, WHICH WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- PEARED IN THE CONGRESSIONAL RECORD ON SEP- PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 4, GUST 4, 2010. TEMBER 20, 2010. 2010. ARMY NOMINATIONS BEGINNING WITH REBECCA L. ARMY NOMINATION OF POLLY R. GRAHAM, TO BE COLO- NAVY NOMINATIONS BEGINNING WITH PATRICK P. ALLEN AND ENDING WITH TONI Y. WILSON, WHICH NOMI- NEL. DAVIS AND ENDING WITH JERRY Y. TZENG, WHICH NOMI- NATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF DWAINE K. WARREN, TO BE NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON SEP- COLONEL. PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 4, TEMBER 20, 2010. ARMY NOMINATIONS BEGINNING WITH JAMES K. 2010. ARMY NOMINATIONS BEGINNING WITH GEORGE A. BARNETT AND ENDING WITH EDWARD D. NORTHROP, NAVY NOMINATIONS BEGINNING WITH ROBERT E. AT- BERNDT III AND ENDING WITH DOUGLAS W. YODER, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE KINSON AND ENDING WITH GIANCARLO WAGHELSTEIN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON SEPTEMBER 15, 2010. AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- SEPTEMBER 20, 2010. ARMY NOMINATION OF THOMAS E. KOERTGE, TO BE ARMY NOMINATIONS BEGINNING WITH ALAN D. GUST 4, 2010. COLONEL. ABRAMS AND ENDING WITH MARK D. SCHULTHESS, NAVY NOMINATIONS BEGINNING WITH ANTHONY H. ARMY NOMINATION OF EDWARD B. MARTIN, TO BE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BEASTER AND ENDING WITH JONATHAN C. WOOD, WHICH MAJOR. AND APPEARED IN THE CONGRESSIONAL RECORD ON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF TIMOTHY S. ALLISON—AIPA, TO SEPTEMBER 20, 2010. PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 4, BE MAJOR. ARMY NOMINATIONS BEGINNING WITH PAMELA Y. 2010. ARMY NOMINATION OF VICKIE M. JESTER, TO BE DELANCY AND ENDING WITH KAREN L. WRIGHT, WHICH NAVY NOMINATIONS BEGINNING WITH CHARLES M. MAJOR. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ABELL AND ENDING WITH CATHERINE F. WALLACE, ARMY NOMINATIONS BEGINNING WITH BERNARD H. PEARED IN THE CONGRESSIONAL RECORD ON SEP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE HOFMANN AND ENDING WITH GREGORY SEAN F. TEMBER 20, 2010. AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- MCDOUGAL, WHICH NOMINATIONS WERE RECEIVED BY ARMY NOMINATIONS BEGINNING WITH ERICK J. GUST 4, 2010. THE SENATE AND APPEARED IN THE CONGRESSIONAL ALVERIO AND ENDING WITH CYNTHIA E. PIERCE, WHICH NAVY NOMINATIONS BEGINNING WITH RANDY J. BERTI RECORD ON SEPTEMBER 16, 2010. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING WITH ROBERT H. VOHRER, WHICH NOMINA- ARMY NOMINATIONS BEGINNING WITH CHARLES L. PEARED IN THE CONGRESSIONAL RECORD ON SEP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED CLARK AND ENDING WITH OKSANA BOYECHKO, WHICH TEMBER 20, 2010. IN THE CONGRESSIONAL RECORD ON AUGUST 4, 2010. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH BESS J. PIERCE NAVY NOMINATIONS BEGINNING WITH KATIE M. PEARED IN THE CONGRESSIONAL RECORD ON SEP- AND ENDING WITH TY J. VANNIEUWENHOVEN, WHICH ABDALLAH AND ENDING WITH NATHAN J. WINTERS, TEMBER 16, 2010. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATIONS BEGINNING WITH ALLEN L. FEIN PEARED IN THE CONGRESSIONAL RECORD ON SEP- AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- AND ENDING WITH ROSTYLAV R. SZWAJKUN, WHICH TEMBER 20, 2010. GUST 4, 2010. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH STEVEN M. NAVY NOMINATIONS BEGINNING WITH JEREMY S. PEARED IN THE CONGRESSIONAL RECORD ON SEP- GRODDY AND ENDING WITH HEIDI M. WIEGAND, WHICH BIEDIGER AND ENDING WITH SCOTT E. WILLIAMS, WHICH TEMBER 16, 2010. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH ROBERT KIRK PEARED IN THE CONGRESSIONAL RECORD ON SEP- PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 4, AND ENDING WITH TIMOTHY M. SNAVELY, WHICH NOMI- TEMBER 20, 2010. 2010. NATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH HOWARD A. NAVY NOMINATIONS BEGINNING WITH ADRIAN E. PEARED IN THE CONGRESSIONAL RECORD ON SEP- ALLEN III AND ENDING WITH SUZANNE P. VARESLUM, ARVIZO AND ENDING WITH LISA L. ZUMBRUNN, WHICH TEMBER 16, 2010. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH PAULA OLIVER AND APPEARED IN THE CONGRESSIONAL RECORD ON PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 4, AND ENDING WITH MICHAEL A. KELLEY, WHICH NOMINA- SEPTEMBER 20, 2010. 2010. TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATIONS BEGINNING WITH TYLER C. NAVY NOMINATIONS BEGINNING WITH PHILIP T. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 16, 2010. CRANER AND ENDING WITH BRENNAN V. WALLACE, ALCORN AND ENDING WITH SCOTT D. ZIEGENHORN, ARMY NOMINATIONS BEGINNING WITH AMANDA J. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CONLEY AND ENDING WITH THOMAS F. SPENCER, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SEPTEMBER 20, 2010. GUST 4, 2010. PEARED IN THE CONGRESSIONAL RECORD ON SEP- ARMY NOMINATIONS BEGINNING WITH STEPHEN J. NAVY NOMINATIONS BEGINNING WITH ARMAND P. TEMBER 16, 2010. BETHONEY AND ENDING WITH KIRK A. YAUKEY, WHICH ABAD AND ENDING WITH MATTHEW A. YOUNG, WHICH ARMY NOMINATIONS BEGINNING WITH JEFFREY D. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ALLEN AND ENDING WITH TIMOTHY REYNOLDS, WHICH PEARED IN THE CONGRESSIONAL RECORD ON SEP- PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 4, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TEMBER 20, 2010. 2010. PEARED IN THE CONGRESSIONAL RECORD ON SEP- ARMY NOMINATIONS BEGINNING WITH LAWRENCE E. NAVY NOMINATIONS BEGINNING WITH BENJAMIN P. TEMBER 16, 2010. WIDMAN AND ENDING WITH JAMES I. JOUBERT, WHICH ABBOTT AND ENDING WITH DANIEL W. ZUCKSCHWERDT,

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WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TIONS WERE RECEIVED BY THE SENATE AND APPEARED MINISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- AND APPEARED IN THE CONGRESSIONAL RECORD ON AU- IN THE CONGRESSIONAL RECORD ON SEPTEMBER 23, 2010. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES GUST 4, 2010. NAVY NOMINATIONS BEGINNING WITH DOMINIC J. OF AMERICA TO THE REPUBLIC OF ANGOLA. NAVY NOMINATION OF TINA F. EDWARDS, TO BE LIEU- ANTENUCCI AND ENDING WITH DELICIA G. ZIMMERMAN, WANDA L. NESBITT, OF PENNSYLVANIA, A CAREER TENANT COMMANDER. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF NAVY NOMINATIONS BEGINNING WITH JOXEL GARCIA AND APPEARED IN THE CONGRESSIONAL RECORD ON MINISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- AND ENDING WITH LARRY E. MENESTRINA, WHICH NOMI- SEPTEMBER 23, 2010. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES NATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH BRENT N. OF AMERICA TO THE REPUBLIC OF NAMIBIA. PEARED IN THE CONGRESSIONAL RECORD ON SEP- ADAMS AND ENDING WITH EMILY L. ZYWICKE, WHICH KAREN BREVARD STEWART, OF FLORIDA, A CAREER TEMBER 15, 2010. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF NAVY NOMINATIONS BEGINNING WITH BRIAN D. ONEIL PEARED IN THE CONGRESSIONAL RECORD ON SEP- MINISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- AND ENDING WITH JOSE R. PEREZTORRES, WHICH NOMI- TEMBER 23, 2010. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES NATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH TERESITA AL- OF AMERICA TO THE LAO PEOPLE’S DEMOCRATIC REPUB- PEARED IN THE CONGRESSIONAL RECORD ON SEP- STON AND ENDING WITH ERIN K. ZIZAK, WHICH NOMINA- LIC. TEMBER 15, 2010. TIONS WERE RECEIVED BY THE SENATE AND APPEARED CAMERON MUNTER, OF CALIFORNIA, A CAREER MEM- NAVY NOMINATION OF ERIK RANGEL, TO BE LIEUTEN- IN THE CONGRESSIONAL RECORD ON SEPTEMBER 23, 2010. BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- ANT COMMANDER. NAVY NOMINATIONS BEGINNING WITH KENRIC T. ABAN SELOR, TO BE AMBASSADOR EXTRAORDINARY AND NAVY NOMINATION OF VICTOR JOHN CATULLO, TO BE AND ENDING WITH FRANKLIN R. ZUEHL, WHICH NOMINA- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA CAPTAIN. TIONS WERE RECEIVED BY THE SENATE AND APPEARED TO THE ISLAMIC REPUBLIC OF PAKISTAN. NAVY NOMINATIONS BEGINNING WITH WILLIAM A. MIX IN THE CONGRESSIONAL RECORD ON SEPTEMBER 23, 2010. PAMELA ANN WHITE, OF MAINE, A CAREER MEMBER OF AND ENDING WITH JOHN H. STEELY, WHICH NOMINA- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN- TIONS WERE RECEIVED BY THE SENATE AND APPEARED TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- ISTER, TO BE AMBASSADOR EXTRAORDINARY AND PLEN- IN THE CONGRESSIONAL RECORD ON SEPTEMBER 16, 2010. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY IPOTENTIARY OF THE UNITED STATES OF AMERICA TO NAVY NOMINATIONS BEGINNING WITH RONALD K. BACH CONSTITUTED COMMITTEE OF THE SENATE. THE REPUBLIC OF THE GAMBIA. AND ENDING WITH ANNA A. ROSS, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE DEPARTMENT OF AGRICULTURE UNITED STATES AGENCY FOR INTERNATIONAL CONGRESSIONAL RECORD ON SEPTEMBER 16, 2010. KEVIN W. CONCANNON, OF MAINE, TO BE A MEMBER OF DEVELOPMENT NAVY NOMINATION OF BRIAN O. WALDEN, TO BE CAP- THE BOARD OF DIRECTORS OF THE COMMODITY CREDIT TAIN. CORPORATION. NANCY E. LINDBORG, OF THE DISTRICT OF COLUMBIA, NAVY NOMINATION OF JEFFRY P. SIMKO, TO BE LIEU- KATHLEEN A. MERRIGAN, OF MASSACHUSETTS, TO BE TO BE AN ASSISTANT ADMINISTRATOR OF THE UNITED TENANT COMMANDER. A MEMBER OF THE BOARD OF DIRECTORS OF THE COM- STATES AGENCY FOR INTERNATIONAL DEVELOPMENT. NAVY NOMINATION OF PATRICK A. GARVEY, TO BE MODITY CREDIT CORPORATION. DONALD KENNETH STEINBERG, OF CALIFORNIA, TO BE CAPTAIN. JAMES W. MILLER, OF VIRGINIA, TO BE A MEMBER OF DEPUTY ADMINISTRATOR OF THE UNITED STATES AGEN- NAVY NOMINATIONS BEGINNING WITH SHERWIN Y. CHO THE BOARD OF DIRECTORS OF THE COMMODITY CREDIT CY FOR INTERNATIONAL DEVELOPMENT. AND ENDING WITH JEFFREY G. SOTACK, WHICH NOMINA- CORPORATION. TIONS WERE RECEIVED BY THE SENATE AND APPEARED DEPARTMENT OF JUSTICE DALLAS P. TONSAGER, OF SOUTH DAKOTA, TO BE A IN THE CONGRESSIONAL RECORD ON SEPTEMBER 20, 2010. MEMBER OF THE BOARD OF DIRECTORS OF THE COM- NAVY NOMINATION OF DOMINIC V. GONZALES, TO BE MICHAEL C. ORMSBY, OF WASHINGTON, TO BE UNITED LIEUTENANT COMMANDER. MODITY CREDIT CORPORATION. STATES ATTORNEY FOR THE EASTERN DISTRICT OF NAVY NOMINATION OF MICHAEL H. HOOPER, TO BE DEPARTMENT OF STATE WASHINGTON FOR THE TERM OF FOUR YEARS. LIEUTENANT COMMANDER. MARK F. GREEN, OF OKLAHOMA, TO BE UNITED STATES NAVY NOMINATION OF VIRGILIO S. CRESCINI, TO BE ROBERT P. MIKULAK, OF VIRGINIA, FOR THE RANK OF ATTORNEY FOR THE EASTERN DISTRICT OF OKLAHOMA LIEUTENANT COMMANDER . AMBASSADOR DURING HIS TENURE OF SERVICE AS FOR THE TERM OF FOUR YEARS. NAVY NOMINATIONS BEGINNING WITH ALDRIN J. A. UNITED STATES REPRESENTATIVE TO THE ORGANIZA- PAUL CHARLES THIELEN, OF SOUTH DAKOTA, TO BE CORDOVA AND ENDING WITH JERALD L. ROOKS, WHICH TION FOR THE PROHIBITION OF CHEMICAL WEAPONS. UNITED STATES MARSHAL FOR THE DISTRICT OF SOUTH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- KRISTIE ANNE KENNEY, OF VIRGINIA, A CAREER MEM- DAKOTA FOR THE TERM OF FOUR YEARS. PEARED IN THE CONGRESSIONAL RECORD ON SEP- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF CA- TEMBER 23, 2010. REER MINISTER, TO BE AMBASSADOR EXTRAORDINARY NAVY NOMINATIONS BEGINNING WITH JOHN W. BAISE AND PLENIPOTENTIARY OF THE UNITED STATES OF f AND ENDING WITH NING L. YUAN, WHICH NOMINATIONS AMERICA TO THE KINGDOM OF THAILAND. WERE RECEIVED BY THE SENATE AND APPEARED IN THE JO ELLEN POWELL, OF MARYLAND, A CAREER MEMBER CONGRESSIONAL RECORD ON SEPTEMBER 23, 2010. OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- WITHDRAWAL NAVY NOMINATIONS BEGINNING WITH RAYNARD ISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- ALLEN AND ENDING WITH ROBERT B. WILLS, WHICH DINARY AND PLENIPOTENTIARY OF THE UNITED STATES Executive Message transmitted by NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- OF AMERICA TO THE ISLAMIC REPUBLIC OF MAURI- the President to the Senate on Sep- PEARED IN THE CONGRESSIONAL RECORD ON SEP- TANIA. TEMBER 23, 2010. MARK M. BOULWARE, OF TEXAS, A CAREER MEMBER tember 29, 2010 withdrawing from fur- NAVY NOMINATIONS BEGINNING WITH JOSE G. ACOSTA, OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ther Senate consideration the fol- JR. AND ENDING WITH SCOTT A. WILSON, WHICH NOMINA- ISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- TIONS WERE RECEIVED BY THE SENATE AND APPEARED DINARY AND PLENIPOTENTIARY OF THE UNITED STATES lowing nomination: IN THE CONGRESSIONAL RECORD ON SEPTEMBER 23, 2010. OF AMERICA TO THE REPUBLIC OF CHAD. TERESA TAKAI, OF CALIFORNIA, TO BE AN ASSISTANT NAVY NOMINATIONS BEGINNING WITH KONIKI L. AIKEN CHRISTOPHER J. MCMULLEN, OF VIRGINIA, A CAREER SECRETARY OF DEFENSE, VICE JOHN G. GRIMES, WHICH AND ENDING WITH JAMES S. ZMIJSKI, WHICH NOMINA- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF WAS SENT TO THE SENATE ON APRIL 12, 2010.

N O T I C E Incomplete record of Senate proceedings. Today’s Senate proceedings will be continued in the next issue of the Record.

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