E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, MONDAY, SEPTEMBER 10, 2012 No. 120 Senate The Senate met at 2 p.m. and was Connecticut, to perform the duties of the It doesn’t work with anything he has called to order by the Honorable RICH- Chair. suggested and opined. It is no more ARD BLUMENTHAL, a Senator from the DANIEL K. INOUYE, than his little assertion that I guess he State of Connecticut. President pro tempore. thought no one would check. When peo- Mr. BLUMENTHAL thereupon as- ple run these races, they keep records. PRAYER sumed the chair as Acting President For all of my marathons, they have The Chaplain, Dr. Barry C. Black, of- pro tempore. kept records. So as much as I would fered the following prayer: f like to have the Ryan math apply to Let us pray. my marathons, it doesn’t work. RECOGNITION OF THE MAJORITY The Senate is going to resume its Eternal God, Your presence fills us LEADER with reverential awe for we find a light work in a few minutes on the heels of in Your commands. Even in darkness, The ACTING PRESIDENT pro tem- the two conventions. One was in Flor- your light dawns for those who love pore. The majority leader is recog- ida and one in North Carolina. The Re- You. And so, Lord, as we begin the next nized. publicans used their virtually fact-free phase of the work of the Senate, give f convention to showcase the richest us greater confidence in the power of style economic policies. WELCOME BACK The Democrats took a different ap- Your providential purposes. Remind proach. I am sure we all had our favor- our lawmakers that the hearts of gov- Mr. REID. Mr. President, I welcome ites. I thought Congressman CLEAVER’s ernmental leaders are in Your hands, everyone back, the staff and Presiding speech was so terrific. I don’t know yielding to the wisdom of Your sov- Officer. I hope everyone had a restful how many were able to see it, but it ereign will. Help us, Lord, to get to and productive month. I look forward to this work period, which will be very was great. He was up there marching. know You and love You so we can serve He was just outstanding. You as we should. short and exact, and I hope we can ac- complish a few things. Gov. Jennifer Granholm from Michi- We pray in Your mighty Name. gan was so good as she explained to ev- Amen. f eryone about jobs and why Detroit f CLEAR PICTURES should not have gone bankrupt. I thought JOE BIDEN’s speech was Mr. REID. Mr. President, I wish to PLEDGE OF ALLEGIANCE typical for JOE BIDEN. It was wonder- take a minute to talk about Congress- The Honorable RICHARD BLUMENTHAL ful. I admire him so much. I served man PAUL RYAN’s arithmetic. It is very with him for a quarter of a century. led the Pledge of Allegiance, as follows: interesting. He said he ran a marathon. I pledge allegiance to the Flag of the What a good man. He has contributed A marathon is 26.2 miles long. While such valuable service to his country. United States of America, and to the Repub- being questioned by the press, he said lic for which it stands, one nation under God, While talking about his life story, we indivisible, with liberty and justice for all. he ran it in about 2 hours and 50 min- saw when his son introduced him. utes. Now, that is pretty fast. I would f Tears were coming from his eyes. like to take a minute and apply the The President’s and Mrs. Obama’s APPOINTMENT OF ACTING Ryan math to my marathon times. I messages were very clear. They did so PRESIDENT PRO TEMPORE will pick just one marathon time. well. I ran the Boston Marathon, and using In Charlotte Democrats presented The PRESIDING OFFICER. The the Ryan math my time would not Americans with a clear and honest as- clerk will please read a communication have been a world record but within sessment of the challenges we face as a to the Senate from the President pro minutes of a world record. I could have nation and a concrete plan to overcome tempore (Mr. INOUYE). made the Olympic team. By using the problems we have together. That is The legislative clerk read the fol- Ryan math, I would have been superb. why President Obama has seen a sig- lowing letter. Well, the Ryan math doesn’t work in nificant rise in the polls since that con- U.S. SENATE, marathons. As we all know, we can al- vention and all of those speeches—not PRESIDENT PRO TEMPORE, ways check someone’s math, and his just his speech but all of them. Even Washington, DC, September 10, 2012. math doesn’t work for running a mara- To the Senate: the Republican-skewed Rasmussen poll Under the provisions of rule I, paragraph 3, thon or anything else. had him ahead by 5 points. of the Standing Rules of the Senate, I hereby The Ryan math doesn’t work with his In fact, we presented Americans with appoint the Honorable RICHARD budgets, it doesn’t work with Medicare, clear choices. It was not a choice be- BLUMENTHAL, a Senator from the State of and it doesn’t work with his tax plan. tween two candidates or two parties; it

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

S6023

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VerDate Mar 15 2010 02:09 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.000 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6024 CONGRESSIONAL RECORD — SENATE September 10, 2012 was a choice between two visions: the President Obama has a plan to put No. 1 goal is to get our economy back Romney vision and the vision we cer- more than 1 million people back to on track. I repeat, the Republicans’ No. tainly think was pronounced at that work next year. His plan will create 1 goal is to defeat President Obama. convention, the Obama vision and a vi- jobs for the middle class and not just What a shame. sion about America’s future. profits for the CEOs. We all want prof- We are resolute in our commitment The Republican vision would return its for these companies—and that is to restore the economy. That is why we us to the failed economic policies that good—but we also want to make sure proposed the Veterans Job Corps Act, a brought us to the great recession. It there is a fair program out there and measure that fulfills our promise to would return us to 8 years of wars, ru- that we do something to stop the mid- the brave men and women who dedi- mors of wars, and massive debt, every- dle class from being squeezed so hard. cated their lives to making our lives thing unpaid for. A lot of the CEOs are doing extremely safer. We don’t want to go back to that. We well, and I am happy. President Obama kept his promise to can’t go back to that. It would further The Dow is up more than 6,000 points end the war in Iraq and wind down the tilt the playing field in favor of those since President Obama took office. war in Afghanistan. The war in Iraq is who have every advantage, million- Meanwhile, Mitt Romney has failed to over, and each year about 200,000 serv- aires and billionaires. They already offer a single concrete idea to get good- icemembers reenter the civilian work- have an advantage. We don’t need to paying jobs for American workers. place. That is the way it is right now. give them any more. I watched part of an interview of As this new generation of veterans re- President Obama showed a vision of Congressman RYAN today. It was a re- turns home ready to work, it is our job America where every person has a shot play from yesterday. I think he was on to make sure they have the oppor- at success, where fairness replaces fa- ABC with George Stephanopoulos. All I tunity to work and succeed. The bill that is now before the Sen- voritism. His policies led to 30 straight could see was the back of ate, the Veterans Job Corps Act, will months of private sector job growth. Stephanopoulos’s head, but I think reinvest in our returning servicemem- Would we like more? Of course we that is who it was. He was saying they bers, easing the sometimes difficult would. want to close these tax loopholes. So I met with Harold Schaitberger this transition back to civilian life. Romney has been asked and RYAN has The measure will also offer priority morning, general president of the fire- been asked: What loopholes do you hiring for veterans who want to be- fighters. He has been working in the want to close? They will not say. It is come first responders. As we have field with firefighters. He started out part of their fictitious math because talked about already, these include as a firefighter. As a boy, his father when they start talking about how fast firefighters, police officers, and EMTs. died, and before he was old enough to they ran a marathon or talk about It will also create jobs for veterans re- be a firefighter, he actually lived in a holes they want to plug, they have to storing forests, parks, coasts, and pub- firehouse by himself with the rest of give facts. And they have refused to do lic lands. These are really good jobs. the firefighters. That is where he got that. These are really important jobs. We the idea that was what he wanted to do Do they want to get rid of charitable tried this once before when we were with his life’s work. He has dedicated donations? Do they want to get rid of really struggling as a country during so much to making America a better the deduction for buying a home? They the Great Depression. We had the place. will not say. It is obvious why; they are Works Progress Administration. We In my conversation with him we dis- afraid. So they give the Ryan math and had the Civilian Conservation Corps. In cussed how we are approaching 1 mil- the Romney math, which doesn’t add my little town of Searchlight, NV, lion people who have been laid off in up. there were numerous projects that the public sector. I am sure it has hap- It is no surprise that Governor Rom- were developed by these individuals pened in Connecticut. It has happened ney has failed to offer a single proposal during the Great Depression. They in Nevada. It has happened everyplace. to create a good-paying job. After all, would fix watering holes, put in wind- We thought we had a way of solving he belongs to the same Republican mills, build walkways, and many of that problem. Party that has put partisan politics these things are still in existence. So I Mr. President, you voted, I voted, ahead of creating jobs for almost 4 commend the senior Senator from and we thought we should stop the lay- years now. In fact, some would say 6 Florida, Mr. BILL NELSON, and the jun- offs of firefighters, police officers, and years. We have never had such obstruc- ior Senator from Montana, Mr. JON teachers, and we would pay for it and tion in the history of the country. TESTER, for their work on this legisla- have no more debt. We would pay for it Nothing even comes close. tion. Unfortunately, we once again face by having a three-tenths of 1 percent In the almost 6 years we have had the Republican obstruction. surtax on people making more than $1 majority in the Senate, we have had to I repeat something I said a few min- million a year. Every Republican voted file cloture 380 times. There were times utes ago. Since we took control of the against public employees. Three-tenths when the Congress would file cloture a Senate in 2006–2007, Republicans have of 1 percent would have taken care of handful of times, maybe 10 times. It mounted an unprecedented 380 filibus- all of that. has been 380 times in less than 6 years. ters. This is outrageous. This obstruc- I enjoyed my conversation with This is the same Republican Party tion exceeds anything we have ever President Schaitberger. We lamented whose leader has said his No. 1 goal is seen before in the Senate. This is not the fact that all of these public em- to defeat President Obama, not create using Romney-Ryan math; these are ployees have been laid off, and we have jobs for the American people in the pri- actual, valid numbers. By comparison, to get back to where we can have a vate or public sector. in Lyndon Johnson’s 6 years as major- public sector where people are not so We have been rolling up our sleeves ity leader—I could ask everyone here overworked. I know in Nevada we have to put teachers, firefighters, police, to take a guess as to how many filibus- too few firefighters, too few police offi- and construction workers back on the ters he had to overcome. Remember, cers, and teachers who have been laid job. For every $1 billion we spend as a these were the years when he was off, and that is a shame. Federal Government for infrastructure, President and we had the civil rights We have had 30 straight months of there are 47,500 high-paying jobs. There stuff going on and all kinds of prob- private sector job growth. Too bad the are other lower paying jobs that spin lems. Everyone would fail the test. He numbers are not more than 41⁄2 million, off of that. These are not government had to overcome one filibuster. I have but that is where they are. We lost 8 jobs. We don’t send a truck out that been faced with 308. million jobs in the Bush years, and we says ‘‘U.S. Federal Government’’ on it I hope Republican colleagues will have gained more than half of them to do this work. This money goes to join us tomorrow as we vote to advance back. We are making progress. We wish the private sector to create jobs. this measure. It is too bad we have had we could do better, and everyone ac- So while we have been working to try to file cloture on moving to proceed to knowledges that. There is more work to create jobs, Republicans have been this bill. The heroes who fought for to be done. Too many Americans are throwing up their hands—or worse, their country overseas shouldn’t have still hurting. standing in the way of progress. Our to fight for jobs once they get home.

VerDate Mar 15 2010 02:09 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.010 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6025 Tomorrow marks the 11th anniver- to those same, allegedly, failed poli- ously paid a lot more—94 percent of all sary of the September 11 terrorist at- cies. Second, it was said by several the income taxes paid. tacks. The date is a reminder that spokesmen on the Democratic side that Now, if deficits are the problem the through over a decade of war, the brav- there were no new or big ideas coming Democrats are talking about, then ery and dedication of America’s Armed out of the Republican Convention, so President Obama would clearly make Forces has never wavered. It is a re- you might as well give President the problem worse. Pethakoukis notes: minder that our commitment to those Obama another 4 years in office. I The most recent Obama budget, according fine young and women should never would like to respond to both of those to CBO, would add $6.4 trillion more to the waver, either. claims. federal budget deficit over the next decade, leaving debt as a share of the economy stuck f First, President Obama and his sup- porters would like Americans to be- at around 76 percent of GDP versus 37 per- cent pre-recession. VETERANS JOBS CORPS ACT OF lieve that the so-called Bush tax cuts, 2012—MOTION TO PROCEED deficits, and deregulation caused the Think about it. The Obama budget Mr. REID. Mr. President, I move to great recession. Those are the Repub- leaves us with 76 percent debt as a proceed to Calendar No. 476, S. 3457. lican policies that got us into the mess, share of GDP as opposed to 37 percent The ACTING PRESIDENT pro tem- they say. The facts show this is not before the recession. So if debt and pore. The clerk will report the motion. true. As James Pethakoukis of the deficits are a problem, it is far worse The legislative clerk read as follows: American Enterprise Institute asks, if under President Obama’s budget than before. But, again, it turns out that is Motion to proceed to Calendar No. 476, S. the 2001 and 2003 tax cuts caused the 3457, a bill to require the Secretary of Vet- great recession, then why does Presi- not really what caused the great reces- erans Affairs to establish a veterans jobs dent Obama want to keep most of sion, nor was it the third item that has corps, and for other purposes. them? And why did he sign a 2-year ex- been pointed to; that is, deregulation. Deregulation under President Bush SCHEDULE tension of those tax cuts a year and a did not cause the problem. Mr. REID. Mr. President, at 5 p.m. half ago? That is a good question. today the Senate will proceed to execu- Obama supporters also claim that Pethakoukis writes: tive session to consider the nomination huge deficits resulting from these 2001 Glass-Steagall ended during the Clinton and 2003 bills caused the recession. But administration, and studies have found no of Stephanie Marie Rose to be U.S. Dis- evidence that any rule changes by the Bush trict Judge for the Southern District of here are the facts. According to the SEC contributed to the financial crisis. Congressional Budget Office—non- Iowa, with 30 minutes of debate equally Glass-Steagall is the law that used to partisan—the 2001 and 2003 tax relief divided and controlled. At 5:30 p.m. regulate how banks made investments. has only been responsible for 16 percent there will be a rollcall vote on the Rose That law was eventually repealed dur- of the swing from surplus to deficit nomination. ing the Clinton administration. The that they had estimated. If you look at MOMENT OF SILENCE Bush SEC—that stands for Securities the upper income tax relief only, that I ask unanimous consent to have a and Exchange Commission, and there relief makes up just 4 percent of the moment of silence at 4:55 p.m. today are rules changes in every administra- swing. So it is impossible to say the for the 40th anniversary of the Munich tion for the SEC—he is making the tax cuts on the rich caused the reces- Olympics massacre. point that there is no evidence that sion. The maximum that the Congres- The ACTING PRESIDENT pro tem- any particular rule change in the SEC sional Budget Office can identify is po- pore. Without objection, it is so or- had anything to do with the financial tentially 4 percent. It is also important dered. crisis. to note that since the CBO does not RESERVATION OF LEADER TIME So it was not the tax cuts, it was not take into account the progrowth ef- Mr. REID. Would the Chair announce the deficit, and it was not deregula- fects of marginal tax rate reductions— the business of the day. tion. What did cause the recession? which all economists agree with—these The ACTING PRESIDENT pro tem- AEI’s Peter Wallison has put it simply numbers are even likely smaller than 4 pore. Under the previous order, the this way: percent. leadership time is reserved. The financial crisis was a result of govern- Over that same period of time, new ment housing policy. . . . Fannie Mae and MORNING BUSINESS spending—this is the real problem—and Under the previous order, Senators Freddie Mac were the implementers of a sub- interest on that spending were 12 times stantial portion of the government housing are permitted to speak for up to 10 as responsible as the upper income tax policy. minutes each. reductions. So the real culprit here is Now, I would note that Republicans Mr. REID. I note the absence of a not reducing the tax rate on Americans in Congress tried to reform Fannie and quorum. and especially those who are in the Freddie, but we were opposed by Demo- The ACTING PRESIDENT pro tem- wealthier brackets but, rather, the new cratic Members both in the House and pore. The clerk will call the roll. spending in which the Federal Govern- in the Senate, including then-Senator The legislative clerk proceeded to ment engaged. That is the cause of the Barack Obama. call the roll. deficits, and that did have an impact Most experts, I believe, will agree Mr. KYL. Mr. President, I ask unani- eventually on our ability to recover that the biggest reason for the collapse mous consent that the order for the from the great recession. that occurred after 2006 was the hous- quorum call be rescinded. One other note on this. The rich peo- ing market—the sale of all of these The ACTING PRESIDENT pro tem- ple, even though their tax rates were mortgages that were not worth the pore. Without objection, it is so or- cut, ended up paying a far bigger per- paper on which they were written. dered. centage of taxes after the Bush tax When that paper was all added to- CONVENTION RESPONSE cuts. The upper bracket earners paid— gether, bundled together and sold in Mr. KYL. Mr. President, I would like according to CBO again, in 2008 and big chunks to investors, and they found to speak about two claims that were 2009, the years for which they have fig- out their investment was not worth made at the recent Democratic Con- ures, the top 20 percent of taxpayers what they had paid for it, you had a vention that I believe require a re- paid 90 percent of income taxes—94 per- crash and you had several people on sponse. Obviously, the Republican Con- cent of income taxes. Before the Bush Wall Street who went bankrupt as a re- vention went first and they did not tax cuts, before 2001, that same top 20 sult of that crash. That is the reality. have an opportunity to respond to ev- percent paid only 81 percent. So the tax The bottom line is that there is no erything that was said, but I think cuts in the upper income tax brackets Republican policy that caused the re- there are two things, as I said, that resulted in an increase in the total dol- cession, so it is bogus for the President were claimed that just are not true. lar amount of taxes paid by the upper to keep saying Governor Romney The first is that Republican policies income people from 81 percent to 94 would just return us to the ‘‘same caused the economic recession, so that percent. So you cannot even make the failed policies.’’ in the Democrats’ view electing Gov- argument that it was less fair. If any- The second claim is that there were ernor Romney would simply return us thing, the upper income folks obvi- no new big Republican ideas to come

VerDate Mar 15 2010 02:09 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.011 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6026 CONGRESSIONAL RECORD — SENATE September 10, 2012 out of the GOP convention. I submit I can honestly say that Senator GRASS- In 2009, the Senate unanimously con- that claim reveals just how radical the LEY has never opposed one of my se- firmed Ms. Rose to become U.S. Attor- Obama team’s economic policies are. It lectees, I have never opposed one of his, ney in the Northern District of Iowa, is true that Governor Romney’s ideas even when there has been a different having previously served 12 years as an for economic recovery are not new. But President in the White House, depend- assistant U.S. attorney. they are big. In fact, his faith in the ing upon the party that is in control of Even before becoming U.S. attorney, American people and the free enter- the Congress. I think we have both she was lead counsel in 260 felony cases prise system is a very big idea—not been very judicious, if I might use that and made 34 oral arguments before the new but tried and tested as the basis word, in our selection of people for the eighth circuit. She received a national for creating the wealthiest Nation ever bench. I say that both on behalf of Sen- award from the Department of Justice on Earth. ator GRASSLEY and myself. So there- for her work in prosecuting the largest Capitalism and free markets have fore we have worked together in this unlawful Internet pharmacy case in the lifted the standard of living for more very close spirit of cooperation. United States. people around the world than any gov- I also want to thank Senator GRASS- As U.S. attorney, Ms. Rose has ernment program or any other system. LEY’s staff, in particular Jeremy Paris, helped make Iowa and our Nation Planned economies compare very poor- Ted Lehman, and Senator GRASSLEY’s safer, reduced violent crime and gang ly to the free enterprise system of Chief of Staff, David Young, for their violence, and promoted civil rights. In America. Margaret Thatcher once fa- support and their help in advancing the addition, she has the distinction of mously observed: nomination. On my staff, I want to serving on the Attorney General’s Ad- The problem with socialism is that, even- thank my Chief of Staff, Brian visory Committee. It is no surprise tually, you run out of other people’s money. Ahlberg, Dan Goldberg, Derek Miller, that the American Bar Association Yes, a key theme of the Republican and Pam Smith, all of whom have gave Ms. Rose a unanimous ‘‘well Convention was freedom, opportunity, worked very hard to make sure we had qualified’’ rating, the highest rating by and earned success. Americans did a thorough interview process, a thor- the American Bar Association. build our own success. To the extent ough vetting of the candidates, and to Finally, I wanted to comment on the that government provided any infra- make sure that we got to the point historic nature of her confirmation. structure along the way, it was paid for where her vote will be coming up later Ms. Rose was the first woman to be by taxes that Americans paid on what this afternoon. confirmed as U.S. attorney in Iowa’s they earned because of their success. Stephanie Rose possesses in abun- Northern District, and when confirmed And, yes, this is in contrast to the dance the personal and professional later today, she will be the first woman theme of the Democratic Convention qualities we expect from those we con- confirmed as a U.S. district court judge that our success comes from the collec- sider to take on the profound respon- in Iowa’s Southern District. tive, embodied mostly in government, sibilities of a Federal judge. She is a Ms. Rose is a person of truly out- so the bigger the government the bet- superb attorney. Among jurists, pros- standing intellect, integrity, and char- ter. ecutors, and the defense bar, she has a acter. She is exceptionally well quali- The bottom line is this: Returning to reputation as someone who is fied to serve as a United States district free market principles and progrowth unfailingly fair and ethical and who judge for the Southern District of policies will move us forward. Contin- possesses exceptional legal ability, in- Iowa. I urge all of my colleagues to ued reliance on more spending, higher tellect, integrity, and judgment. support her nomination. taxes, and bigger government will not As Charles Larson, the former U.S. I yield the floor and suggest the ab- solve our problems. Attorney for the Northern District of sence of a quorum. Mr. President, I suggest the absence Iowa under President George W. Bush, of a quorum. The ACTING PRESIDENT pro tem- wrote to the Judiciary Committee, Ms. The ACTING PRESIDENT pro tem- pore. The clerk will call the roll. Rose ‘‘has all the requisite abilities pore. The clerk will call the roll. The legislative clerk proceeded to The legislative clerk proceeded to and traits to serve all litigants of the call the roll. call the roll. Southern District of Iowa in the man- Mr. ISAKSON. Mr. President, I ask Mr. HARKIN. Mr. President, I ask ner expected of a federal judge. Ms. unanimous consent that the order for unanimous consent that the order for Rose would be a distinguished member the quorum call be rescinded. the quorum call be rescinded. of the judiciary.’’ The PRESIDING OFFICER (Mr. The ACTING PRESIDENT pro tem- Ms. Rose was born in Topeka, KS, MANCHIN). Without objection, it is so pore. Without objection, it is so or- and moved to Mason City, IA, when she ordered. dered. was 4. Both of her parents were public Mr. ISAKSON. Mr. President, I ask ROSE NOMINATION schoolteachers. She and her husband unanimous consent to address the Sen- Mr. HARKIN. Mr. President, as many Rob have two children, Kyl and Missy. ate as in morning business. of my colleagues know, I am a strong Ms. Rose has two sisters, one of whom The PRESIDING OFFICER. Without and enthusiastic advocate of Stephanie was adopted after coming to the family objection, it is so ordered. Rose to serve as a district court judge as a foster child, one of five foster chil- HONORING OTIS A. BRUMBY, JR. in Iowa’s southern judicial district. I dren her parents welcomed into their Mr. ISAKSON. Mr. President, I ask was honored to recommend to the home. unanimous consent to have printed in After graduating from Mason City President that he nominate this out- the RECORD an 8-page eulogy that ap- High School, Ms. Rose earned her bach- standing attorney. I encourage my col- peared in the Marietta Daily Journal elor’s degree with honors from the Uni- leagues to vote for her confirmation on Sunday of this week. versity of Iowa in just 3 years. Then when the vote occurs later this after- There being no objection, the mate- she earned her doctorate of jurispru- noon. rial was ordered to be printed in the dence from the University of Iowa Col- Let me begin by first thanking Sen- RECORD, as follows: ator LEAHY and his staff for their hard lege of Law in just 2 years, graduating in the top 5 percent of her class. [From the Mariettta Daily Journal, Sept. 8, work in advancing Ms. Rose’s nomina- 2012] tion. I also want to thank my senior She could easily have commanded a JOURNAL PUBLISHER DIES AFTER TWO-YEAR colleague from Iowa, Senator GRASS- big salary from a top law firm. Instead BATTLE WITH CANCER LEY, for his invaluable support and as- she opted for public service and long (By Joe Kirby) sistance. For all the years we have hours as a Federal prosecutor, working served together here in the Senate, to uphold the rule of law, making our Otis A. Brumby Jr. served nearly a half- which now goes on, I think, 27 years, neighborhoods safer, and advancing the century as publisher of the Marietta Daily Journal. During those decades he oversaw Senator GRASSLEY and I have cooper- cause of justice. the transformation of the MDJ from a small- ated in a spirit of good will on judicial I might add that she served as a Fed- city newspaper into the award-winning flag- nominations in our State. eral prosecutor under district attor- ship of a metro-wide chain of suburban pa- I am proud we are continuing Iowa’s neys appointed both by Democratic pers; used those publications as ‘‘bully pul- tradition regarding judicial selections. Presidents and Republican Presidents. pits’’ for lower taxes and against political

VerDate Mar 15 2010 02:09 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.012 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6027 corruption; crusaded successfully for strong- routine for bigger media to pay much atten- Shipp, the retired columnist, said that er ‘‘Sunshine Laws’’; fought passionately for tion to: the rezonings, the road widenings, public officials ‘‘were and are absolutely ter- education reform; and was a widely respected the church news, the school news, the new rified of the MDJ, and that’s a good thing. kingmaker in state and local politics. business openings. But unlike many commu- We don’t have much of that kind of jour- Brumby, who was diagnosed with Stage 4 nity-oriented newspapers, and unlike many nalism anymore. It’s the kind of journalism prostate cancer nearly two years ago and had bigger ones as well, the MDJ under Brumby’s that keeps people in the middle of the road.’’ waged a strenuous fight against it since leadership also kept its editorial eye riveted Said Marietta Mayor Steve Tumlin, ‘‘I had then, passed away peacefully at his home on on the doings of its local governments. The one rule with Otis as a politician: Tell the Saturday at age 72, surrounded by family MDJ hammered home through the years the truth early on and hide nothing, as he knew and friends. need for leaner government and lower taxes. it or was going to know it anyway.’’ Said former Gov. Roy Barnes of Marietta, ‘‘He was always a populist in his views and It’s notable that the three Georgia elected ‘‘I can think of no single person who’s had opposed what he deemed to be wasteful officials who arguably worked the hardest bigger impact on Cobb County and this state spending on any level of government,’’ re- and most successfully to strengthen the sun- than Otis. He excelled as a community leader called state Senator and former Cobb school shine laws Barnes, Olens and Isakson—had and in education reform. And I think that a board Chairman Lindsey Tippins. something in common. giant oak has fallen that will be very dif- Added former House Speaker Newt Ging- ‘‘They were all under tutelage of Otis ficult to replace.’’ rich, ‘‘Otis was consistently one of the Brumby,’’ Barnes said. ‘‘He impressed upon Otis A. Brumby Jr. was born April 9, 1940 strongest voices for more efficient govern- us and all who would listen the importance in Atlanta, son of the late Otis A. Brumby ment, for smaller government and for cre- of making sure that government is open and Sr. and Elisabeth Dobbs Brumby of Marietta. ating new jobs. He was a passionate advocate conducted in the sunshine. He always argued His family had a long history and deep roots for the development of northside Atlanta. that was the best way to keep government in county history. One member (Col. Anoldus Just look at the amount of what in his youth from becoming too bureaucratic and to try V. Brumby) had served as commandant of was farmland that now is full of homes and to prevent corruption. I could have had no the Georgia Military Institute on Powder factories and schools. He was integral to the better ally on that than Otis Brumby. It was Springs Road in Marietta (now site of the growth of Cobb.’’ not just lip service, but something he was Marietta Hilton and Conference Center). Otis Said legendary retired Georgia journalist passionate about.’’ Jr. was the great-grandson of Thomas and syndicated columnist Bill Shipp of Ken- Former state Sen. Chuck Clay (R-Mari- Micajah Brumby, who with his brother nesaw, ‘‘Of all the publishers and editors I etta) recalls Brumby as ‘‘an absolutely un- James had co-founded the Brumby Chair met and worked for, he was far and above the compromising warrior on behalf of open gov- Company here just after the Civil War (a best one. He had a model daily newspaper. He ernment and open records. The people of company that Otis Jr. would successfully not only reported the news, his newspaper Georgia have been well served by his efforts. resurrect in the mid-1990s). Both Thomas and was an active, dynamic watchdog in this I just hope they know what a legal quorum his son, Thomas Jr., served as mayors of county. is in heaven or there is going to be trouble, Marietta, the latter dying in office. ‘‘He ran a newspaper that appealed to local and I bet on Otis.’’ Thomas Jr.’s son Otis Sr. had founded the newspaper readers and was a cause for com- Brumby also was passionate about edu- weekly Cobb County Times in 1916 and ac- munity good. And the MDJ is without equal cation reform and strong public schools. The quired the MDJ in 1951. in the entire state in that regard.’’ result was, first, his appointment to the The publisher and his young family, which Added Barnes, ‘‘We have not had any major Marietta School Board by then-Mayor Joe also included daughter Bebe in addition to government corruption scandals in Cobb, and Mack Wilson and the City Council in 1993; Otis, lived on then-rural Terrell Mill Road the reason is that Otis was a vigilant watch- and later, his appointment as chairman of just south of Marietta. dog making sure the public knew what was the State School Board by Barnes in 1999. Despite growing up around the newspaper, going on. We’ve escaped embarrassment, cor- ‘‘I went to his house and said, I want you Otis Jr. had planned on a legal career. After ruption and scandal because of his efforts.’’ to be chairman,’’’ Barnes recalled. ‘‘That’s a graduating from the University of the South Like most editors and publishers, Brumby tough job, but he thought about it and said, in Sewanee, Tenn., with a major in political felt strongly about First Amendment issues. That’s not the job I want, but it’s a job I science and a minor in economics, he earned But unlike the perfunctory support some- can’t say no’ to. Education is too important.’ a law degree from The University of Georgia times heard from such quarters, Brumby’s He was always willing to serve, and he al- in Athens (where his roommates included fu- front-and-center push for government trans- ways gave 100 percent.’’ ture famed criminal defense lawyer Ed Gar- parency was unwavering. But perhaps Brumby’s biggest contribution land, banking tycoon James Blanchard of ‘‘His legacy in journalism was his con- to public schools was the ‘‘vote of con- Synovus and prominent attorney Wyck Knox sistent, unrelenting effort to ensure govern- fidence’’ in them by virtue of the decision he of Augusta). ment transparency and open meetings and and wife Martha Lee made to send all five of But shortly after he returned to Marietta records,’’ said U.S. Sen. Johnny Isakson (R- their children to the Marietta School Sys- in 1965 as assistant to the publisher (a train- Ga.) ‘‘There’s not a journalist or publisher or tem, rather than to private schools as many ing period that also included a lengthy stint editorial writer in this state that did more Mariettans were doing. as a ‘‘cub’’ reporter) and two years later was than Otis to ensure the public’s business was ‘‘He chose to send them to public school named publisher. done in the open. There wouldn’t be an Open when he could have afforded to send them to He wasted little time making his mark. In Meetings and Open Records Act without any private school in the country,’’ observed 1969 he launched the Neighbor Newspaper Otis.’’ former U.S. Rep. Buddy Darden (D-Marietta). group, which ultimately grew into a chain of Continued Isakson, ‘‘When the publisher of Brumby was fond of quoting former Mayor 27 free suburban weeklies circling metro At- your hometown paper and your personal Joe Mack Wilson’s observation that the city lanta, with satellite offices in each county friend has a passion for open government and school system ‘‘is the glue that holds Mari- feeding copy back to Marietta. you’re an elected official, if you don’t em- etta together.’’ ‘‘Otis Jr. was still in his 20s when he made brace that concept too, you won’t last very Brumby was fascinated by politics, an in- the visionary decision to start the Neighbor long.’’ terest honed when he served in the 1950s as newspapers,’’ retired Kennesaw State Uni- Georgia Attorney General Sam Olens of congressional page for his cousin, U.S. Sen. versity history professor Tom Scott, Ph.D., east Cobb described Brumby as ‘‘a great Richard B. Russell in Washington, D.C. told the MDJ. ‘‘In the competitive world of teacher and mentor. His love of the First (Brumby went on to graduate from The Cap- modern reporting, with so many alternatives Amendment and his desire for elected offi- itol Page School in Washington.) to print journalism, it’s hard to see how the cials to be held accountable are much appre- ‘‘Other than his family, which he was more MDJ could have been so profitable without ciated.’’ proud of than anything, I think he was most the mass circulation of those suburban news- Retired ambulance company owner Bo proud of his days as a page for Richard Rus- papers.’’ Pounds was part of a group that successfully sell,’’ recalled syndicated columnist Matt Meanwhile, with delivery issues in mind brought suit against Cobb EMC regarding Towery of Vinings. ‘‘He didn’t have as many and with an eye on the need for better access misuse of corporate assets, an effort that pages as the other senators, and not many to then-new Interstate 75, Brumby moved was fueled by the MDJ’s close coverage. could say they paged for him. And that rela- the newspaper’s offices from their tradi- ‘‘Otis is the best I’ve ever seen at letting tionship helped form many of his views on tional Marietta Square location to a new the public know what in the hell the govern- politics and life.’’ plant on Fairground Street just downhill ment is doing,’’ he told the MDJ. ‘‘Otis is as Russell was one of the most powerful sen- from Lockheed. responsible for openness in Georgia law as ators and was the intellectual force behind Brumby’s newspaper, with its emphasis on anyone.’’ the Southern bloc that then controlled the short stories and readability, became a The newspaper went on to win the pres- seniority-driven body. Russell also was a model for the industry. When Gannett began tigious annual Freedom of Information confidante of both then- President Dwight laying plans for what would become USA Award numerous times from the Georgia As- Eisenhower and then-Senate Majority Lead- Today, it sent a team of editors to spend a sociated Press and the Georgia Press Asso- er (and future President) Lyndon B. Johnson. week in the MDJ newsroom studying the ciation. The young Brumby would recall in later Marietta newspaper model. As Brumby saw it, the Sunshine laws were years that he was routinely designated by The MDJ’s meat-and-potatoes was and is tools for use by the public and media to help Johnson to answer his personal phone on the coverage of community events that are too hold elected officials accountable. floor of the Senate.

VerDate Mar 15 2010 02:42 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.019 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6028 CONGRESSIONAL RECORD — SENATE September 10, 2012 Cobb and Georgia politics in that era were mained friends. He told me once that Johnny and he joked to an editor this summer in overwhelmingly Democratic. But Brumby and I were the only ones that understood mock surprise that, ‘‘I offered it to all my took the reins of the MDJ just as Cobb’s pre- completely what the press needs to do and children to use as a name for their children, viously next-to-nonexistent Republican has to do.’’ and none of them wanted it!’’ Party was first beginning to stir. Fueled by Smyrna Mayor Max Bacon said he under- And Brumby, whose hairstyle and sartorial an influx of residents from other parts of the stood the awkward position Brumby would choices were nowhere close to ‘‘cutting country into east Cobb, the county GOP sometimes be in. edge,’’ could be self-deprecating, too. would be a force to be reckoned with by the ‘‘Being an editor and living here locally ‘‘He used to jokingly call himself the Mari- early 1980s. has got to be a tough job.’’ etta Square,’’’ Towery said. ‘‘But he wasn’t ‘‘Otis always thought that a strong two- There were two sides to Otis Brumby—the just the Marietta Square.’ He was Cobb party system was in the best interest of the one as the publisher that the public saw, and County. And life without Otis Brumby is not state,’’ said Isakson, who first ran for office the private one as a man utterly devoted to going to be as much fun.’’ in the early 1970s. ‘‘And being part of the mi- his community, to his church, to various Added Isakson, ‘‘I’m going to miss my nority party early in my career, he gave us other charities and, above all, to his family. friend Otis.’’ the chance to make our case. He didn’t prop He is survived by his wife Martha Lee, A memorial service will be held Wednesday us up, but he made sure the access was there. daughters Spain Gregory, Lee Garrett, Betsy at 11 a.m. at the First United Methodist We had a chance, and in a lot of commu- Tarbutton, Anna Brumby and son Otis Church of Marietta. nities, you never did.’’ Brumby III; 10 grandchildren; and his sister, In lieu of flowers, contributions may be Added Gingrich, who in those days rep- Bebe Brumby Leonard. made to First United Methodist Church 56 The late Mr. Brumby was a trustee of the resented a district on the southside of At- Whitlock Avenue Marietta, GA 30064 or the University of Georgia Foundation, the Arch lanta, ‘‘Otis was a warrior for conservatism Georgia Press Educational Foundation 3066 Foundation of UGA and the Kennesaw Col- who by the creation of the Neighbor News- Mercer university drive Atlanta, GA 30341. lege Foundation. He represented the Seventh papers on top of the MDJ dramatically offset Mayes Ward-Dobbins Funeral Home in Mari- Congressional District on the state Board of the impact of the Atlanta newspapers. You etta is in charge of arrangements. Transportation from 1985–90. He endowed a can’t understand Georgia politics over the Mr. ISAKSON. Mr. President, this is last 30 years without understanding how im- professorship of First Amendment Law for portant a figure he was. journalism and law students at UGA in 2004. a poignant eulogy of many of the ac- ‘‘It’s hard for folks now to remember how He was for decades an avid member of the complishments of one of my best and dominant the liberal voice of the Atlanta Marietta Kiwanis Club, serving as its presi- personal friends, Otis Brumby, Jr. I newspaper was back in the 1970s, and how ex- dent; and past president of numerous profes- could read all of his accomplishments citing it was to have Otis and his newspaper sional organizations. if I wanted to. There are times we are as a conservative voice. And it was great for He remained an avid UGA football fan, and often remarked that there was nothing like called on to offer eulogies on the floor our morale, too. Later, when I was Speaker, of the Senate because we have to or be- I always felt like he had my back.’’ enjoying a game at Sanford Stadium ‘‘with But Brumby’s personal politics remained 100,000 of your closest friends.’’ cause it is appropriate. There are times He was a lifetime member of First United somewhat amorphous. He endorsed and gave we give eulogies for great past leaders Methodist Church of Marietta. financial contributions to candidates of both of our State, but on rare occasions, ‘‘Otis was a faithful and generous church- parties. Although personalities sometimes man and he served where he was needed, such as the one I have today, we do it figured into the equation, for him the bot- whether helping plan the church’s future or for someone for whom we have tremen- tom line usually was not party label but ushering and greeting newcomers on Sunday dous respect, love, and compassion. whether the candidate was suitably conserv- morning,’’ said the Rev. Sam Matthews, pas- To Otis Brumby, Jr.’s wife Martha ative, especially on fiscal matters. tor. ‘‘I witnessed profound gestures of kind- A similar rule of thumb determined wheth- Lee, his daughters Anna, Betsy, Lee, ness and consideration from him, gestures er to editorially support various proposals Spain, his son-in-law Heath, and his that most of us would be challenged to floated by local officials. The main criterion son Otis Brumby III, my love and com- match. passion goes out to each of them dur- was whether the project or referendum made Former Congressman Darden, a fellow financial sense for taxpayers. member, noted Brumby’s steady giving to ing their tragedy. ‘‘As a politician, I’ll miss the question that the church, and quoting the Book of Mat- Wednesday morning I will return to I’ve heard over and over, both in Cobb and in thew, said, ‘‘For where your treasure is, Marietta, GA, to be part of the memo- the state Capitol: ‘‘What does Otis think there your heart will be also.’’ rial service to honor Otis Brumby. I about this?’’’ Tumlin said. Former Georgia Supreme Court Justice It’s hard to be a crusading journalist with- thought it would be better to talk Conley Ingram sat in the pew just ahead of out making one’s share of enemies, and about the Otis Brumby I knew rather the Brumbys for years. Brumby made his share—and then some. But ‘‘He did the smallest job to the greatest job than the one the papers are writing he not only possessed bulldog tenacity when at our church,’’ he said. ‘‘He was a greeter at about. To me he was the epitome of a it came to following a story, but also with the door, or took up collection, but you journalist, a father, a friend, and a hus- the rare gift of retaining the friendship and could always count on him to be there. band. Otis Brumby, Jr. got his start in respect of those who were momentarily feel- ‘‘His life was one of love and dedication to some ways on the floor of the U.S. Sen- ing the heat. his family and his church and to the First ‘‘He doesn’t have a single friend who didn’t ate because in the late 1950s his father Amendment and to UGA. He was a great arranged for him to page for Richard B. have a disagreement with him, but we all friend, and he never tried to take credit for learned to put those behind us,’’ Darden said. the many things he did for our community. Russell, who, as all of us know, was ‘‘And he had the ability to move forward. We He was a great family man and a great really the master of the Senate before didn’t always agree, but it didn’t come in the church man and above all, a loyal friend. It’s Lyndon Johnson when he was leader, way of what I consider one of my closest not going to be the same without him.’’ later Vice President, and finally Presi- friendships in my entire adult life.’’ Many of those who shared their dent. Said Isakson, ‘‘I’ll be the first to say we reminiscences for this story remarked on the didn’t agree on everything, but I learned Otis Brumby learned a lot in this contrast between Brumby’s towering jour- Chamber and on this floor. He has told that it was best to focus on what we agreed nalistic presence and his personal preference about and move on.’’ for staying out of the spotlight. me what it was like before the cameras Numerous others told the MDJ the same ‘‘For all his greatness, the greatest thing were here back in the good old days thing, including Barnes. about him was that he was so humble,’’ when there was camaraderie and ‘‘Johnny and I are two of his close friends Towery said. ‘‘He could be tough in the busi- friendship in the Senate. He also told and he’d hammer both of us from time to ness place, but when he got out in public, he me about the difficult days of the civil time, but we understood what he was doing,’’ was shy. You couldn’t get him to talk about he said. ‘‘As I used to kid him, I never forget rights era, and particularly as a son of himself in front of other people.’’ the South and what that meant to him. that you’re first and foremost a newspaper Remembered Barnes, ‘‘To have held the po- man. The ink flowed through his bones and sition of influence he did in this community, He came back to Georgia. After grad- blood. But we remained friends. That is a he was one of the most humble guys I’ve ever uating from high school, he went to the unique ability, to continue to have a close been around. He never overstated his influ- University of the South in Sewanee, relationship. I knew his secrets and he knew ence or importance.’’ and then earned a law degree from the mine. He never betrayed a confidence of Brumby also was recalled by Barnes and University of Georgia. He then headed mine or vice-versa. But at same time I un- others as a terrific storyteller. to his passion, the law, but he didn’t derstood he had a job to do. ‘‘He had a lot of fun in him,’’ he said. ‘‘A make it. Instead he made it to the ‘‘In my world, loyalty is the coin of the lot of those who didn’t know him didn’t real- realm, and Otis was loyal to me and I was ize what a great sense of humor he had.’’ Marietta Daily Journal as a cub re- loyal to him. That does not mean there Brumby’s middle name, ‘‘Anoldus,’’ had porter for his father’s newspaper. At would not be criticism. But in the end, we re- been passed down through the generations, the age of 27 he was a floor manager

VerDate Mar 15 2010 02:09 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.019 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6029 and assistant publisher for the paper. score was; they wanted to see what ter off now than we were 4 years ago? He offered his expertise at a very Otis Brumby had said about them dur- I believe the answer to that question is young age. ing the previous week. He was the con- very clear. At the age of 29 he came up with a science of all the politicians in the To answer the question we have to unique concept. He said people would community. He was the leader in the take ourselves back 4 years and re- like to see their kids’ pictures in the community, and he was the benefactor member the conditions we faced then. I paper. They like to have stories about of the community. He made it a much will never forget as long as I live being their sports victories. They like to better place. called to an urgent meeting in the Cap- have lots of pictures and stories—but Otis was not a Republican nor was he itol late one evening in September 2008. just to them—and not all the fodder a Democrat. He was, if anything, a pop- I was the last one to arrive. There were that might go with it. He started what ulist, but he had a fiscally conservative assembled the leaders of the House and became known as the Marietta Daily bent to him. Unlike a lot who com- the Senate, Republicans and Demo- Journal and the Neighbor Newspaper mentate on politics, Otis put his crats, the Chairman of the Federal Re- Group. He created 27 neighborhood money where his mouth was. He wrote serve, and the Secretary of the Treas- newspapers and all 27 of them were checks to local politicians and to peo- ury of the Bush administration. weekly. ple in the U.S. Senate. There wasn’t a The Secretary of the Treasury and They were so successful that when party bent to him, but there was al- the Chairman of the Federal Reserve Gannett decided it was going to try to ways a fiscally conservative bent. quickly told us they were going to take do a national paper called USA Today, In fact, I will tell my colleagues over the giant insurer AIG the next they sent a team of investigators for 7 when I first ran for office in Cobb morning. They weren’t there to ask our days to the Marietta Daily Journal to County in 1974, we didn’t have any Re- approval or seek our support; they investigate their template, the way publicans. I ran as a Republican be- were there to tell us what they were they published their paper, their meat cause I was a fiscal conservative. Ev- doing. They told us if they did not do and potatoes. Quite frankly, a lot of erybody told me I was crazy. They were it, they believed we would have a finan- credit for USA Today goes to the news- right; I got beat. But Otis Brumby took cial collapse within days. room at the Marietta Daily Journal an interest and wrote about the cam- This was September 2008. Barack and the brilliance of that young 29- paign and some of the things we talked Obama was not the President of the year-old reporter who later became a about and some of the things we tried United States; George W. Bush was the publisher of that newspaper. to do. He propped me up long enough to President of the United States, and we Otis Brumby died last week of pros- get a chance to stand on my own two were on the brink of financial collapse, tate cancer and the effects of prostate legs. Sure, he would knock me down according to the description of his own cancer. He suffered for 2 years, and from time to time—and some of those Secretary of the Treasury. that has been a tragedy. But the trag- times I deserved it—but he gave me a Let’s remember what the economy edy for all of us is that he is gone; he chance. He gave everybody a chance. was doing in the fourth quarter of 2008. has left a mark on our State, county, He was one of those journalists who The economy was shrinking at a rate and community that can’t be easily re- would comment on what someone did, of over 8 percent. In fact, it was shrink- placed. but he gave them the strength to do ing at a rate of almost 9 percent. In the Although he had an affinity for poli- what was right. first month of 2009, the last month of tics, he never served. When called on Wednesday morning I am going to the Bush administration, we lost by Governors for appointments, he the funeral of my dear friend. I miss 800,000 jobs in 1 month. So when people took them; first as State board of edu- him already and will miss him more as ask if we are better off today than we cation chairman and later as board of the days go by. I love him and his fam- were then, just as a factual matter education chairman for the Marietta ily for all they have done for me, my there can be no dispute. We are dra- public school system. A very wealthy community, and my country. So at one matically better off today than we man because of his success and invest- of those rare times when we come to were 4 years ago. ments, Otis Brumby never sent his the floor to eulogize, this time for me Four years ago we were on the brink children to private schools that he it is personal but this time for America of financial collapse. Four years ago could afford because he believed the we have lost a son, a journalist, a pa- the economy was shrinking at a rate of public schools needed to be the best, triot, and I have lost a best friend. almost 9 percent, and we were losing and he thought he would send his chil- May God bless Otis Brumby and his 800,000 jobs a month. Those are facts. dren there as a role model. And he did. family, his grandchildren, and our com- They cannot be disputed. They all were superstars in their munity. Today we are growing, not as fast as schools whether in academics or ath- I yield the floor. we would like; jobs are being created, letics. Their father Otis supported The PRESIDING OFFICER. The Sen- not as fast as we would like, but that is those public school systems as a leader, ator from North Dakota. a dramatic improvement over 4 years a mentor, and a board member. Mr. CONRAD. Mr. President, I have ago. Let’s remember the housing mar- To Marietta, GA, Otis Brumby was been listening to our colleague, the ket was in crisis. Home building and just about everything. He was its con- Senator from Georgia, who is one of sales were plummeting. There were science, benefactor, and leader, and the real gentlemen of this body. I lis- record foreclosures. The financial mar- from time to time he was its protago- tened to his warm words about his ket crisis threatened global economic nist where he would promote discord friend who has passed. Sometimes what collapse. That was 4 years ago. Any- and a lack of harmony in order to come people say about others is a better re- body who wonders can go back and up with the right decision. flection on them than on who they are read the headlines. Those were grim I can tell my colleagues, as a politi- describing. In many ways, I thought days. cian, when he wrote about someone and that about what Senator ISAKSON was I also remember as though it were they heard they were in the paper, the just saying because what he just said yesterday being part of the group who first thing they did was grab the news- about his friend, any one of us in the was given a responsibility to negotiate paper. In fact, there is a column he Senate could say about him because he the TARP—the Troubled Asset Relief wrote called ‘‘Around Town’’ that ap- is a gentleman. Program. I remember being in this peared every Saturday morning in the I was very much moved by the words complex late on a Saturday night, newspaper—a pretty thin part of the of my friend. We thank him for all he again with the Secretary of the Treas- paper, but it was a one-page discourse does to make this a better place. ury of the Bush administration, and on what politicians in the county were THE ECONOMY him telling us if we did not come up up to. On Saturday morning every poli- I have come to the floor on different with a solution by 5 o’clock Sunday tician in Marietta, GA, and Cobb Coun- business, which is to talk about the night, the Asian markets would open ty, GA, went to their mailbox and got budget circumstance we are in and to and they would collapse, and our mar- their Marietta Daily Journal. They try to answer the question we have kets would open the next day and they didn’t want to see what the football heard asked in recent days: Are we bet- would collapse.

VerDate Mar 15 2010 02:09 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.020 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6030 CONGRESSIONAL RECORD — SENATE September 10, 2012 So when people ask if we are better This chart shows the economy in the passed by this body, oh, yes, there has. off today than we were 4 years ago, as fourth quarter of 2008—that is the last There has been a budget passed for a factual matter there really is no quarter of the Bush administration— 2012, and one for 2013. Instead of a reso- question—none. We are dramatically was shrinking at a rate of almost 9 per- lution, it was done in a law. better off. cent. Now the economy is growing at a What we do not have is a long-term The other thing we should keep in rate of 1.7 percent, for the most recent plan, a 10-year plan. That is what we mind is, what happens after a severe fi- quarter. Is that good? No. Would we need. But it is pretty clear both sides nancial crisis such as the one we faced like it to be stronger? Absolutely. But are not ready yet, and perhaps will not 4 years ago? Dr. Carmen Reinhart, is this better than almost any other de- be until we have had this election, to from the Peter Peterson Institute for veloped country in the world? Yes. The sit down and agree to the kind of 10- International Economics, and her hus- Eurozone is in recession. Their econo- year plan we so desperately need. band, Dr. Vincent Reinhart of the mies are shrinking. Japan is not doing The Budget Control Act represented American Enterprise Institute—which, as well as we are doing. the largest deficit reduction package in by the way, is a pretty conservative So when we look around the world the history of the United States. How place—have done an analysis, and here and compare ourselves, the answer by can that be? Well, because it contained is what they found: After a severe fi- comparison is we are doing remarkably $900 billion in discretionary savings nancial crisis such as the one we suf- well given the depth of the financial over 10 years, and it included the so- fered 4 years ago, economic recoveries crisis we experienced. called sequester that we hear so much are shallower and take much longer. Not only is it true in economic about that added another $1.2 trillion Here is the quote from their analysis: growth, it is true in terms of private of spending cuts over the next 10 years, Real per capita GDP growth rates are sig- sector jobs. Again, in the last month of for a total of $2.1 trillion in spending nificantly lower during the decade following the Bush administration, this economy cuts. That is the largest deficit reduc- severe financial crises. In the ten-year win- lost over 800,000 jobs—in 1 month. In tion package we have ever passed. dow following severe financial crises, unem- the most recent month in the United So, again, when people say there is ployment rates are significantly higher than States, we gained 103,000 private sector no budget, there has been no action in the decade that preceded the crisis. . . . jobs. That is a turnaround of over taken, it is not accurate. The Budget That is what we had in 2008. Again, 900,000 jobs in a month. That is a dra- Control Act operates in the same way Barack Obama was not the President of matic improvement. as a budget resolution, and it is a law, the United States; George W. Bush was And if we look at the stock market, not a resolution that is purely a con- President of the United States, and we we can answer that question as well. gressional document that never goes to had a severe financial crisis. We were Are we better off now than we were 4 the President. The Budget Control Act on the brink of financial collapse. It years ago? Well, this chart shows the passed both Houses of Congress, went takes a long time to dig out from a dis- stock market. In March of 2009, it hit to the President for his signature, and aster of that magnitude. its low of 6547—the low during this pe- cut $2.1 trillion in spending. Two of the most distinguished econo- riod. Look where it is today. More than People may not like it. There are a mists in the country—one of whom, by double what it was 4 years ago. lot of things I do not like about it—cer- the way, advised JOHN MCCAIN in his So, again, if we are seriously asking tainly the sequester. I think we ought most recent Presidential race, and the the question, Are we better off than we to find alternative savings for it. But other who is Deputy Chairman of the were 4 years ago? In terms of economic the fact is, this is now law, and it cut Federal Reserve—did an analysis of growth? Yes. In terms of job creation? $2.1 trillion. That still leaves us with what would have happened without the Yes. In terms of the stock market? the problem that we are borrowing 40 Federal response, what would have Yes. In terms of economic perform- cents of every $1 we spend, and that happened in terms of jobs. Here is what ance? Yes. cannot be permitted to continue. they found: With a Federal response we I have also heard my colleagues on So we have to add a package on top got 8 million jobs we would not have the other side say at the convention of the Budget Control Act. We have to had otherwise. In other words, if there just concluded that there has been no do more. I would prefer, strongly, to do had been no Federal response, the red budget here for 3 years. Well, there has another at least $3 trillion. I tried to line is what would have happened to been no budget resolution. But there is convince the Bowles-Simpson Commis- jobs. The green line is what happened a budget law that was passed called the sion to do a package of $5 trillion of as a result of Federal action: 8 million Budget Control Act. And a law is much deficit reduction. Actually, I tried to fewer jobs lost than if there had been stronger than any resolution. A resolu- persuade them to do a package of $5.6 no Federal response. tion is purely a congressional docu- trillion of deficit reduction because we Again, this is work that was done by ment. It never goes to the President for can balance the budget if we would do Alan Blinder, former Vice Chairman of his signature. A law, obviously, has to a package that large. The people who the Federal Reserve, and Mark Zandi, go to the President for his signature. were on that commission will tell you who was one of the economic advisers So when they say there has been no I tried repeatedly to convince my col- to JOHN MCCAIN in the last Presi- budget passed, there has been no budg- leagues to go big, let’s do a package dential race. et resolution passed, but, instead, Con- that really balanced the budget. So when we go back to this question, gress passed the Budget Control Act. And we could do it. It is not that are we better off now than we were 4 Look what it said in the Budget Con- hard. I think people sometimes get it years ago, I think the answer is un- trol Act: in their head this is some impossible equivocally, yes. We are dramatically . . . the allocations, aggregates, and task. I told them, let’s talk about a 6- better off than we were 4 years ago. [spending] levels set in subsection (b)(1) shall percent solution. If we would do 6 per- Now, those people who are still un- apply in the Senate in the same manner as cent more revenue than current law employed don’t feel better off. I under- for a concurrent resolution on the budget for provides and 6 percent less spending, stand that. That is dreadful, that is fiscal year 2012. . . . we would save $6 trillion over 10 years painful, and it is painful in every way. That same language is repeated in and balance the budget. I actually Not only does it hurt in the pocket- the next paragraph: would argue for more weighting on the book, but much more than that: It . . . the allocations, aggregates, and levels spending cut side of the ledger than on hurts the way people feel about them- set in subsection (b)(2) shall apply in the the revenue side. But I do this for illus- selves. It hurts the way people feel Senate in the same manner as for a concur- trative purposes, to indicate we cannot about their role in their families. So rent resolution on the budget for fiscal year do 6 percent? Come on. We cannot do 6 we have lots of work to do, but if we 2013. . . . percent? Sure we can. are going to be honest with people I say to you, a budget is a limitation The occupant of the chair, the Gov- about comparing where we are today on spending. The Budget Control Act ernor of West Virginia in his previous and where we were 4 years ago, there contained very clear limitations on life in politics, I will tell you, he did really can be no serious question about spending for 2012 and 2013. So when our not have any trouble making tough de- the answer to that question. friends say there has been no budget cisions, and I will bet you he reduced

VerDate Mar 15 2010 02:09 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.022 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6031 spending a lot more than 6 percent. He health care reform. He shifts Medicare But the Ryan tax plan, I have to say, survived. He is here. He is respected. to vouchers. And he block-grants Med- I do not think adds up. Why don’t I be- We can do this. Hey, we have done icaid and cuts Medicaid drastically. lieve it adds up? Well, let’s look at much tougher things than this in the Who benefits from Medicaid? Well, what he proposes. past. I hope colleagues think about this low-income people, disabled people, but First of all, he says we should reduce carefully. also a lot of middle-income people in individual tax rates to just two—one at This next chart is so important be- this country benefit from Medicaid be- 10 percent and one at 25 percent. Right cause it looks at the spending and the cause their folks are in nursing homes now, the top rate is 35 percent. If you revenue lines of the Federal Govern- and they have spent down their assets, reduce that rate to 25 percent, and you ment going back to 1950. This is 60 and the only way they can stay in the have only one other rate of 10 percent, years of our economic history on one nursing home is that Medicaid picks up that package costs $2.5 trillion over the little chart. the tab. There are hundreds of thou- next 10 years. So instead of filling in The red line is the spending line. The sands of families in America, middle- the hole, you are digging the hole deep- green line is the revenue line. And look class families, who have benefited from er. Then he puts the top corporate rate what it shows. We got to, in 2010, an Medicaid because that is what has paid at 25 percent. Again, that is a signifi- all-time high in spending for the last 60 the nursing home bills for their rel- cant reduction from the top corporate years, taking out the effect of infla- atives—their mom, their dad, their rate today. That costs another $1 tril- tion, so you have an even-steven com- grandpa, their grandma. That is the lion. Then he repeals the alternative parison over that 60-year period. And truth. minimum tax. That costs another $670 we were at a 60-year high in spending— The Ryan budget also dramatically billion. Then he repeals all the tax lev- not surprising given the dimensions of cuts the safety net for seniors, the chil- ies in the health care reform. That the financial crisis we faced. But at the dren, the disabled. It increases the un- costs another $350 billion. Then he al- same time, we were at a 60-year low in insured by more than 30 million people. lows the stimulus provisions to expire revenue. When you have record spend- It is going to increase the number of from the Recovery Act, which raises ing and record low revenue, you have uninsured by 30 million. Well, if you $210 billion. record deficits and record additions to are not uninsured, why should you the debt. That is exactly what was hap- care? I will tell you why you should Before he starts filling in the hole, he pening to us. care. Because if they are not paid for has dug the hole deeper by almost $41⁄2 We have seen some improvement in by insurance, they are going to be paid trillion, and he says he is going to off- the last few years. Spending is down as for by all the rest of us. Because the set all of that with individual base a share of GDP. Revenue is up a little hard reality of how the health care sys- broadening and corporate base broad- bit. We still have a big chasm. tem works in America is this: If you ening. We are spending about $1.2 tril- In the midst of all this comes Rep- are in a car accident and you do not lion a year in tax expenditures. Over 10 resentative RYAN and his plan. I would have insurance and you are taken to years that is about $15 trillion with in- say to those who might be attracted to the hospital, you are treated. If you do flation. his plan: Be careful what you wish not have insurance to pay for it, and So we could come up with this $41⁄2 for—be careful what you wish for—be- you do not have resources to pay for it, trillion, but what would we have to do cause, first of all, the Ryan plan does guess who pays for it. All the rest of us in order to do it? Almost every objec- not balance the budget, if ever, until pay for it. tive observer has said we would have to 2040, and it only balances in 2040 be- That is why it is absolutely in our in- raise taxes on the middle class—be- cause of certain assumptions he told terest to have as many people insured cause he says this is going to be some- the Congressional Budget Office to as is possible. It is not just a nice thing how, in the Romney plan, revenue neu- make about his plan and the revenue to do; it is a smart thing to do. Because tral. I do not know that the Ryan plan contained in it. I personally do not one of the things we have found out is ever claimed to be revenue neutral. But think it ever balances. I do not believe that about a third of the people who do if we are going to pay for this, how are it ever balances. It is absolutely an un- not have insurance can afford it. They we going to do it, which of the exemp- balanced plan. All of the deficit reduc- can afford it. They just choose not to tions and the exclusions? Are we going tion is on the spending side. He actu- have it because they know if something to reduce the mortgage interest exemp- ally digs the revenue hole much deeper, drastic happens to them, all the rest of tion? Are we going to reduce the health extends all the Bush era tax cuts, and us are going to pay. care tax exclusion? Because those two then adds hundreds of billions of dol- There are also large cuts in the Ryan affect middle-class people. Let’s be lars of more tax cuts, primarily to the budget for education, for energy, for in- honest. Let’s be straight. So there is no most fortunate among us. frastructure—building roads, bridges, way Congressman RYAN’s plan does all There is $1 trillion in tax cuts for the highways, and the rest. Those things the things he claims for it without wealthiest. He gives those with an in- undermine the engines of economic raising taxes on the middle class. come of over $1 million an average tax growth. So I do not think that is the cut of $265,000 a year. Somebody is sit- way to go. When he gets to a revenue level of ting out there saying: How is that pos- When we look at the Ryan budget 18.7 percent and says that is the his- sible? A person earning $1 million a plan on revenue, here is what we find. toric average, that is true. The prob- year probably does not pay much more It provides $1 trillion in tax cuts for lem with that is we have never bal- than $265,000. How can they, on aver- the wealthiest among us. It gives mil- anced the budget, going back to 1969, age, be getting a $265,000 tax cut? Re- lionaires an average tax cut of more with that amount of revenue. The five member, this is the average for every- than $265,000 a year. It does not con- times we have balanced since 1969— body over $1 million, so this includes tribute one dime of revenue to deficit that is 43 years ago—revenues have people making $1 billion a year. And reduction. And the revenues reach 18.7 been at 19.7, 19.9, 19.8, 20.6, 19.5. So just there are a fortunate few who make $1 percent of GDP by 2022. Now why does getting back to the historic average, I billion a year. So if you take everybody that matter? Because the last four do not think it is going to be enough. over $1 million, and you average the times we have balanced, the revenue of If we are looking at what it has taken tax cut they get under the Ryan plan, the country has been 19.6 percent, 19.7 to actually balance the budget in our it is over $265,000 a year. percent, 19.8 percent, 20.6 percent. So, history, we can see we have to be very He has $2.9 trillion in health care hey, if we are going to be serious about close to 20 percent. cuts. So first of all, he extends all the belling this cat, we are going to have By the way, these levels of revenue Bush era tax cuts. Then he adds hun- to cut spending, we are going to have were before the baby boom generation, dreds of billions more of tax cuts for to reform the entitlements, we are also and the baby boom generation, that is those who are the most fortunate. And going to have to raise some revenue, not a forecast. That is not a prediction. to start to make up for it, he has $2.9 hopefully not in a way that hurts eco- Those people have been born. They are trillion in health care cuts—not mil- nomic growth, because we think we alive today. They are going to be eligi- lion, not billion: trillion. He repeals have found ways of doing it. ble for Social Security and Medicare. If

VerDate Mar 15 2010 02:09 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.023 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6032 CONGRESSIONAL RECORD — SENATE September 10, 2012 we are going to be honest with our- no because it was not just the way he of are we better off than we were 4 selves, honest with the American peo- wanted it. It was not just the way I years ago, let’s remember where we ple, I do not think what Congressman wanted it either. I hated things on al- were 4 years ago. We were on the brink RYAN is talking about adds up. most every page of that report. But as of financial collapse. If we look at his budget on health I told my staff, the only thing worse Republican policies led the United care, we see $2.9 trillion in health care than being for it would be being States to the brink of financial col- cuts. As I indicated, he repeals health against it because it would have gotten lapse. They cannot rewrite history. We care reform. I hear a lot—I hear it in us back on track. It would have low- know what happened. We tried their my State: Let’s repeal health care re- ered our deficit and debt by $4 trillion experiment. It did not work. Now form. Why not? Because the Congres- and have done it with revenue and things have improved, not as much as sional Budget Office tells us if we re- spending cuts and reform of entitle- we would like, and there is much more peal it we add over $1 trillion to the ments, maybe not as much on any one work to be done. But I trust in the debt. We add over $1 trillion to the of those areas as I would do, but it judgment of the American people. I do debt, we deny coverage to 30 million would have made a profound difference not think they have forgotten. I cer- people who would otherwise have it. in the economic future of this country. tainly have not forgotten. I will never His plan also ends the effort to pro- Perhaps the most striking thing to forget where their policies took us in mote quality over quantity of care, re- me in all the speeches at the Repub- the fall of 2008. We were on the brink of opens the prescription drug doughnut lican convention was the claim by Con- financial collapse. Let’s not repeat hole that raises costs to seniors by gressman RYAN and the attack on that failed experiment. $4,200, allows insurance companies to President Obama for supporting $716 I yield the floor and I suggest the ab- drop coverage when we get sick. It ends billion in Medicare savings. Why was I sence of a quorum. the provision allowing young adults to so taken aback by that? Because I have The PRESIDING OFFICER. The stay on their parents’ plan until the read Congressman RYAN’s own budget. clerk will call the roll. age of 26. It shifts Medicare to vouchers His budget has precisely that same The legislative clerk proceeded to in 2023 and includes, after that, an ag- level of Medicare savings that he now call the roll. gressive cap on payments that most politically attacks President Barack Mrs. GILLIBRAND. Mr. President, I analysts have said would dramatically Obama for supporting. ask unanimous consent that the order increase what Medicare beneficiaries Did you see what former President for the quorum call be rescinded. would have to pay for their own health Clinton said? He said that takes real The PRESIDING OFFICER. Without care. brass, to attack somebody for some- objection, it is so ordered. Currently, Medicare pays 75 percent thing you have done. Congressman MOMENT OF SILENCE TO OBSERVE THE FORTIETH of the cost. The beneficiary pays 25 per- RYAN, when you give a speech, make ANNIVERSARY OF THE MUNICH OLYMPICS MAS- cent. If the Ryan plan were adopted, your speech before tens of millions of SACRE the original Ryan plan—he has subse- people listening and you attack the The PRESIDING OFFICER. The Sen- quently put out other plans. But his President for supporting $716 billion in ate will now observe a moment of si- original plan would have stood that on Medicare savings and you have the lence for the 40th anniversary of the its head. He would have Medicare bene- exact same savings in your budget, Munich Olympics massacre. ficiaries paying the substantial major- shame on you. Shame on you. (Moment of silence.) ity of the cost. Instead of Medicare The Catholic bishops reviewed the The PRESIDING OFFICER. The Sen- beneficiaries paying 25 percent, he Ryan budget. Here is what they said. ator from New York. would have them paying 68 percent of They said it fails the moral test. These Mrs. GILLIBRAND. Mr. President, I the cost—Medicare beneficiaries. are Catholic bishops in America. Look, stand here today with my colleagues to I have a brother who is gravely ill in they have issues with the President observe 1 minute of silence on the first the hospital, Medicare eligible. I can too. I understand that, but this is what day of session since the passage of the tell you, he is getting phenomenal they said about the Ryan budget. They 40th anniversary of the 1972 Munich care—very costly. I would say it would said: It fails the moral test. The Na- Olympic terrorist attack that killed 11 break our family. If we had to pay 68 tion’s Catholic bishops reiterated their athletes and coaches from the Israeli percent of the cost instead of 25 per- demand that the Federal budget pro- Olympic team. cent, it would break our family. We are tect the poor and said the GOP meas- Prior to the extraordinary summer a middle-class family. I am talking ure fails to meet these moral criteria. games in London, where so many of our about the extended family. I think they got that right. Here is athletes excelled and made our country These things have real consequences. what a former Reagan economic ad- so proud, the Senate passed a bipar- Anybody who thinks these are just po- viser said about the Ryan budget. This tisan resolution that I authored with litical statements and they do not af- is Bruce Bartlett, former Reagan ad- Senator RUBIO. With this resolution, fect people’s lives, oh, yes, they do. ministration economic adviser. This is which was supported by more than 30 of They have a profound effect on people’s what he said about the Ryan budget. our colleagues, the Senate called on lives. Again, this is a former President the International Olympic Committee The Ryan plan block grants Med- Reagan economic adviser. Here is what to hold a moment of silence in London icaid, shifts the cost to seniors, chil- he said about the Ryan budget: to honor these 11 slain Israeli Olym- pians. It is regrettable they chose not dren, disabled, and States. I do not Distributionally, the Ryan plan is a mon- think that is the path America has in strosity. The rich would receive huge tax to. Today, here in the Senate, we right mind. I like PAUL RYAN. I agree with cuts while the social safety net would be that wrong. The Munich tragedy was him that we are on an unsustainable shredded to pay for them. Even as an open- an outrageous attack against innocent course. I was on the Bowles-Simpson ing bid to begin budget negotiations with the athletes and against the unifying spirit Commission with him. Democrats, the Ryan plan cannot be taken of the Olympics. Observing a moment But unlike him, I was one of the 11 seriously. It is less of a wish list than a fairy of silence at the 2012 Olympic games’ who supported the recommendations of tale utterly disconnected from the real opening ceremony, when the world’s Bowles-Simpson. Of the 11 of us who world, backed up by make-believe numbers attention was focused on this symbol and unreasonable assumptions. Ryan’s plan did, 5 are Democrats, 5 Republicans, isn’t even an act of courage; it’s just pan- of international cooperation and peace, and 1 Independent. That is about as bi- dering to the Tea Party. A real act of cour- would have sent such a powerful mes- partisan as we can get. There were 18 age would have been for him to admit, as all sage of unity in our fight against ter- Commissioners. We had to get 14 to get serious budget analysts know, that revenues rorism. the recommendations to a vote in the will have to rise well above 19 percent of On September 5, 1972, a Palestinian Congress. We got 11. GDP to stabilize the debt. terrorist group called Black September That is 60 percent of the membership Mr. Bartlett, I do not know the man. broke into the Munich Olympic Vil- who voted yes; five Democrats, five Re- He is telling the truth. He is telling the lage, killed an Israeli athlete and publicans, one Independent. PAUL RYAN truth, as painful as it is. He is telling coach, and took nine other athletes was part of Bowles-Simpson. He voted the truth. When we go to the question and coaches hostage. A German police

VerDate Mar 15 2010 04:16 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.025 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6033 officer was killed and nine hostages extremism to make sure the Olympic sive backlog of nominees is that Senate were murdered during a rescue at- spirit—which is world competition to Republicans allowed votes on just one tempt. bring peace in the world—is alive and district court nominee per week for the In observing this minute of silence, well in the Senate and the United last seven weeks before the August re- as in our resolution, we commemorate States of America. We will continue to cess. This unnecessarily slow pace of the 40th anniversary of the 1972 Munich commemorate what happened so we consideration of judicial nominees has Olympic terrorist attack, remember don’t forget and dedicate ourselves to a disserved the American people and those who lost their lives, and reject more peaceful world. should not continue. and repudiate terrorism as antithetical I yield the floor. The across-the-board obstruction and to the Olympic goal of peaceful com- Mrs. GILLIBRAND. Mr. President, I foot dragging from Senate Republicans petition. suggest the absence of a quorum. since day one of President Obama’s The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The tenure means that we are likely to ator from Illinois. clerk will call the roll. complete his first term with more judi- Mr. DURBIN. Mr. President, I wish to The legislative clerk proceeded to cial vacancies than when he took of- thank the Senator from New York and call the roll. fice. The partisan obstruction from my colleague, Senator RUBIO of Flor- Mr. LEAHY. Mr. President, I ask Senate Republicans has been particu- ida, for calling this historic tragedy to unanimous consent that the order for larly damaging with respect to Federal our attention on the sad 40th anniver- the quorum call be rescinded. trial courts. In a sharp departure from sary of the killing of the Israeli par- The PRESIDING OFFICER. Without the past, Senate Republicans have ticipants at the Munich Olympics. objection, it is so ordered. stalled Senate approval of district Having just witnessed, as the Senator f court nominees, including those Repub- from New York noted, the spectacular lican home state Senators support. Olympics that were staged in London EXECUTIVE SESSION Before the American people elected and realizing how the Olympics started Barack Obama as our President, dis- trict court nominees were generally as a way to transcend national dif- NOMINATION OF STEPHANIE confirmed within a couple of weeks of ferences and to create an Olympic glob- MARIE ROSE TO BE UNITED being reported by the Judiciary Com- al spirit, what happened in Munich was STATES DISTRICT JUDGE FOR mittee. This was true of those nomi- especially heartbreaking. We followed THE SOUTHERN DISTRICT OF nated by Republican Presidents and it in those early days of television as it IOWA was being reported on by some of the Democratic Presidents. Deference was sports announcers who were actually The PRESIDING OFFICER. Under traditionally afforded to home State at the Olympics. It was hard to believe, the previous order, the Senate will pro- Senators and district court nominees as hostages were being taken, that ceed to executive session to consider supported by home State Senators they would all be killed when it was the following nomination, which the were almost always confirmed unani- over. clerk will report. mously. During the 18 months that I I sincerely hope we in the world will The legislative clerk read the nomi- was chairman of the Judiciary Com- learn a lesson from this tragedy—a les- nation of Stephanie Marie Rose, of mittee in 2001 and 2002, we confirmed 83 son that violence begets violence and Iowa, to be United States District of President Bush’s district court we need to end this sort of terrorist ac- Judge for the Southern District of nominees, and only one of them re- tivity and stand together in that Olym- Iowa. ceived any votes in opposition. Even pic global spirit. The PRESIDING OFFICER. Under though some Senate Democrats op- Again, my thanks to Senators GILLI- the previous order, there will be 30 posed the nominee, we nevertheless BRAND and RUBIO for their efforts to minutes of debate, equally divided in scheduled a vote for him just 11 days make this part of the London Olympics the usual form. after he was reported by the Judiciary but also to make certain this day has The Senator from Vermont. Committee. not been forgotten here on the floor of Mr. LEAHY. Mr. President, we are Indeed, only five district court nomi- the Senate. beginning about 3 minutes late. I ask nees received any votes in opposition The PRESIDING OFFICER. The Sen- unanimous consent that the time be di- in all 8 years of the previous Repub- ator from Maryland. vided in such a way that the vote still lican presidency, and none was a party- Mr. CARDIN. Mr. President, I wish to starts at 5:30. line vote. Among those nominees was thank Senator GILLIBRAND for bringing The PRESIDING OFFICER. Without one so extreme that he had announced this to the attention of the Senate and objection, it is so ordered. that ‘‘concern for rape victims is a red the American people and to thank Sen- Mr. LEAHY. When the Senate re- herring because conceptions from rape ators RUBIO and DURBIN for being here. cessed more than a month ago, 22 judi- occur with approximately the same fre- It is hard to believe it has been 40 cial nominees to fill vacancies in quency as snowfall in Miami.’’ That ob- years since that tragic event in which courtrooms around the country were servation was much like the out- terrorists had the attention of the left pending, awaiting a Senate vote. rageous recent comments about rape world during the Olympics in Munich. Today, Senate Republicans have agreed by a Republican House member and It is hard to believe that over the to vote on just one of those nominees. Senate candidate. last 40 years we have experienced so I want to commend Senator HARKIN for In all, the Senate confirmed 264 of much of the violence from extremists working with Senator GRASSLEY and President Bush’s district court nomi- and terrorists. the Majority Leader to get this vote on nees, and only five of them received Tomorrow we will commemorate the the nomination of Stephanie Rose of any votes in opposition. Senate Demo- 11th anniversary of the attack on our Iowa. I urge votes on the other nomi- crats were willing to work with a very own country. We recognize the only nees, as well, without further delay. conservative Republican President to way we could stand up for this type of There are currently 78 Federal judi- fill vacancies on our Federal trial extremism is to never forget and to re- cial vacancies. Judicial vacancies dur- courts. We recognized that filling va- dedicate ourselves to do everything we ing the last few years have been at his- cancies on district courts is essential can to root out extremists, to root out torically high levels and have remained to ensuring that the American people terrorists, and to never forget the con- near or above 80 for nearly the entire have functioning courts to serve them sequences of their actions. first term of the President. Nearly one and provide access to justice. We know I wish to thank Senator GILLIBRAND out of every 11 Federal judgeships is that it is unacceptable for hardworking and Senator RUBIO for the resolution currently vacant. Vacancies on the Americans who turn to their courts for we passed in this Congress to let those Federal courts are more than two and justice to suffer unnecessary delays. who were victimized 40 years ago know one half times as many as they were on When an injured plaintiff sues to help we will not forget them and that we this date during the first term of Presi- cover the cost of his or her medical ex- continue to dedicate our efforts to root dent Bush. One key reason for these penses, that plaintiff should not have out this type of hatred and this type of numerous vacancies and for the exten- to wait 3 years before a judge hears the

VerDate Mar 15 2010 03:21 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.027 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6034 CONGRESSIONAL RECORD — SENATE September 10, 2012 case. When two small business owners Americans seeking justice in our Fed- I hope that Senate Republicans will disagree over a contract, they should eral courts. not extend their wrongheaded applica- not have to wait years for a court to Today, the Senate will vote on the tion of the ‘‘Thurmond Rule’’ and fur- resolve their dispute. nomination of Stephanie Rose to fill a ther stall confirmation of consensus, In The Atlantic Andrew Cohen has judicial vacancy on the U.S. District well-qualified district court nominees. written recently about the ‘‘Human Court for the Southern District of Given our overburdened Federal courts Costs of Judicial Confirmation Iowa. She was rated unanimously well and the need to provide all Americans Delays.’’ In that article, the Chief qualified by the ABA Standing Com- with prompt justice, the Senate should Judge of the Middle District of Penn- mittee on the Federal Judiciary, the be working in a bipartisan fashion to sylvania describes the costs of vacan- highest possible rating. She has the bi- confirm these nominees without fur- cies on individuals in Pennsylvania and partisan support of her home state ther delay. the pervasive and harmful delays they Senators. I worked with Senator HAR- I ask unanimous consent the article are suffering because there are not KIN and Senator GRASSLEY to ensure to which I referred be printed in the enough judges. prompt Judiciary Committee consider- RECORD. At this point in President Bush’s ation of her nomination, which was re- There being no objection, the mate- first term, Senate Democrats had ported with a virtually unanimous rial was ordered to be printed in the worked with Republicans to confirm voice vote by the Judiciary Committee RECORD, as follows: 165 of his district court nominees. De- nearly five months ago. The only objec- [From the Atlantic] spite the fact that President Obama tion came as a protest on another issue IN PENNSYLVANIA, THE HUMAN COSTS OF has worked with home state Senators by Senator LEE. JUDICIAL CONFIRMATION DELAYS of both parties to select moderate, su- Stephanie Rose currently serves as (By Andrew Cohen) perbly-qualified judicial nominees, the first woman U.S. Attorney for the The William J. Nealon courthouse in Senate Republicans have engaged in Northern District of Iowa, where she Scranton, Pennsylvania. (Wikimedia Com- unprecedented obstruction of Federal has been serving since 2009. Ms. Rose mons) Daniel Wasserman had seen enough. trial court nominees for the last four has devoted her entire career to public An Orthodox rabbi affiliated with Shaare years. service, having served for 15 years as a Torah Synagogue in a suburb of Pittsburgh, As Carl Tobias noted last month in a Federal prosecutor and having been Wasserman had grown tired of state inter- letter to the New York Times: promoted to Deputy Criminal Chief in ference with Jewish funeral rituals, ancient Republican senators have created and ap- 2008. In her tenure as a Federal pros- and eternal, which require burial within 24 hours and which prohibit embalming. He re- plied practices that substantially depart ecutor, she has tried 33 cases to ver- from procedures employed in prior adminis- sented the threats of fines and penalties he dict. When confirmed, she will be the was receiving from state officials trying to trations, even as recently as that of Presi- first woman to serve as a Federal judge dent George W. Bush. The most important enforce a 19th-century funeral director’s law. change is the refusal by the G.O.P. leader- in the Southern District of Iowa and He believed he was being singled out for the ship to enter voting agreements on well- only the second woman to serve on the practice of his religious beliefs. qualified, uncontroversial district court Federal bench in Iowa’s history. And so Rabbi Wasserman did what many nominees, so they languish for months on With the elections approaching, the people do in America when they believe their the Senate floor. Senate will recess, again, in just a few constitutional rights—their First Amend- weeks. When the Senate recessed in ment rights, their rights to religious free- Professor Tobias is correct, and the dom—are being infringed by state action. He result is that at this point in his first 2009, 10 judicial nominees were left sued the state. On August 6th, in federal dis- term President Obama’s district court without a final confirmation vote. trict court in Scranton, in the Middle Dis- nominees have had to wait nearly three When the Senate recessed in 2010, 19 ju- trict of Pennsylvania, Rabbi Wasserman’s times longer for a Senate vote and the dicial nominees were left pending with- lawyers sought an injunction to preclude Senate has confirmed more than three out a final confirmation vote. When state officials from continuing to threaten dozen fewer. the Senate recessed last year, in 2011, him for what he considers to be the lawful Senate Republicans have made a 19 judicial nominees were left pending exercise of his religious beliefs. The lawsuit, without a final vote. I urge Senate Re- his attorneys allege, is designed to: preserve habit of delaying and opposing Presi- and restore the historical right of clergy to dent Obama’s district court nominees, publicans not to continue their prac- conduct religious burial and funeral rites voting against more than a quarter of tice of stalling qualified nominees from free from interference and harassment by the them—36 out of 127 to be precise. And confirmation. I urge them to agree to Commonwealth of Pennsylvania and profes- they stall confirmations for months of schedule debate and votes on the 18 dis- sional, secular funeral directors who serve no noncontroversial nominees including trict court nominees from California, health or safety interest. those supported by home state Repub- Connecticut, Florida, Illinois, Mary- But justice won’t come quickly for Rabbi lican Senators who are eventually con- land, Michigan, New York, Oklahoma, Wasserman—if it comes at all. There simply Pennsylvania and Utah who, like aren’t enough federal judges in the Middle firmed overwhelmingly. District of Pennsylvania to handle his case. This extreme partisanship has not Stephanie Rose, could be confirmed U.S. District Judge John Jones, the well-re- just resulted in persistently high va- with strong bipartisan support and garded jurist to whom the Rabbi’s case was cancies—Supreme Court Justice An- without further delay. A dozen of those assigned, couldn’t get the urgent injunction thony Kennedy recently observed that nominees would fill judicial emergency hearing onto his schedule until late Sep- it is also ‘‘bad for the legal system’’ as vacancies. tember. The timing didn’t discourage the a whole. He indicated: ‘‘It makes the Let us act on these nominations. Rabbi but it clearly frustrated the judge. judiciary look politicized when it is There is no doubt that recent prece- ‘‘Obviously when you receive something like not, and it has to stop.’’ District courts dent shows we can do this even in Sep- this you have to move with some alacrity,’’ Judge Jones told me late last month. ‘‘But in particular should not be politicized. tember of a Presidential election year. you can only land so many planes in one The 18 district court nominees cur- In 2008, the final year of President hour.’’ Bush’s presidency, Senate Democrats rently pending before the Senate were THE DISTRICT were willing to confirm 10 of his dis- not chosen based on some ideological Boundary-wise, the Middle District of litmus test. They were selected for trict court nominees in a single day, Pennsylvania is the largest federal judicial their legal excellence, whether as prac- all by unanimous consent. It took only district in the state. It covers the state cap- ticing attorneys or sitting judges. a few seconds. Earlier in that Repub- ital of Harrisburg, which means it is the Recently, the Republican Senator lican presidency, and again with a chief venue for litigation against the state of from Pennsylvania signaled his new- Democratic Majority, the Senate con- Pennsylvania. It comprises no fewer than 32 found willingness to abandon the un- firmed 18 judicial nominees in just one counties, up and down the center of the precedented delays and obstruction day and vacancies went down to 60 state, from Adams County to York County, that his caucus has employed against throughout the country, on the way from the state’s northern border to New York to its southern border with Maryland, President Obama’s trial court nomi- down to 28. If we confirm all of the dis- the Mason-Dixon line. There are four court- nees. I only wish he had done so 2 years trict nominees ready for final Senate houses in the district, including one in Wil- ago. What Senate Republicans have action today, we can similarly reduce liamsport, which is several hours drive away been doing is wrong and hurts all vacancies back down to 60. from either Harrisburg or Scranton.

VerDate Mar 15 2010 03:21 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.029 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6035 All of this volume and distance would be to tick off their judge. But that doesn’t Mr. GRASSLEY. Mr. President, I manageable if the Middle District were fully mean such delays aren’t real—and pervasive. thank the chairman of the committee, staffed with federal trial judges. It is not— I ended up asking a federal judge himself to Senator LEAHY, for his courtesies. and it hasn’t been for years. ‘‘We are down a detail the cost of judicial vacancies. I rise in support of the nomination of ‘‘Inevitably, what it leads to is extra time third of our active court,’’ Judge Jones says. Stephanie Marie Rose to be U.S. dis- In March 2009, the first vacancy in the Mid- to decide almost any motion that is filed,’’ dle District was created when Judge Richard Judge Jones told me. ‘‘ . . . [T]he federal trict judge for the Southern District of Caputo (more on him later) took senior sta- courts are stacked up with motions to dis- Iowa. In addition, she has the support tus. Another vacancy was created in April miss and motions for summary judgment of Senator HARKIN and is well regarded 2010, when the Senate confirmed the appel- which are very fact specific and require a throughout my home State of Iowa. late nomination of U.S. District Judge great deal of time. When you have fewer She was reported out of our committee Thomas I. Vanaskie. Two long years later, judges, and the judges who are in service on voice vote. She was previously con- just this past May, President Obama nomi- have more motions, everything is delayed.’’ firmed by this Senate for her current nated two men to fill those posts. The judge calls it the ‘‘justice delayed syn- position, U.S. attorney for the North- Both Middle District nominees—Malachy drome’’ and it impacts individuals like the E. Mannion and Matthew W. Brann—were rabbi as well as large corporations who must ern District of Iowa. quickly endorsed by the Senate Judiciary factor into their business plans the ‘‘uncer- Ms. Rose is a Hawkeye through and Committee by voice vote, which means there tainty’’ inherent in long, drawn-out litiga- through, receiving two degrees from were no substantive objections raised by Re- tion. the University of Iowa—her B.A. in 1994 publican members of that Committee. Both Rebecca Kourlis, a former justice of the and her J.D. in 1996. Obviously, Ms. nominees also have the support of the state’s Colorado Supreme Court and now executive Rose was on the fast track through law two senators, Democrat Bob Casey and Re- director of the Institute for the Advance- school. publican Pat Toomey, who have publicly lob- ment of the American Legal System, is even After graduation from law school, bied their Republican colleagues this year to more blunt. ‘‘Vacancies in the judiciary cre- she wisely chose to remain in Iowa— allow the nominations to come to a vote on ate holes in the judicial system,’’ Kourlis and Iowa is fortunate for that decision. the Senate floor. So far, those efforts have told me last week, ‘‘and civil cases are the failed. But the Senate is expected to take up most likely to fall through those holes. What She first served as a law clerk in the new judicial nominations in the next week or this means is that civil cases suffer increased U.S. Attorney’s Office for the Northern so. continuances and delays and the possibilities District of Iowa. In 1997, she was hired THE JUDGES of changing judges in mid-stream. For civil as a full-time attorney in that same of- While the Senate fiddles, what’s life like litigants, this means untenable disruptions fice, where she has risen through the for the current judges of the Middle District? to their lives and businesses, the possibility ranks and now heads that office. Very difficult. Judges frequently have to of increased costs, and overall, a breach of She served as a special assistant U.S. drive three hours or more a day to handle the promise of access to justice.’’ attorney from 1997 to 1999 and as an as- cases in Williamsport. The aforementioned THE POLITICS sistant U.S. attorney from 1999 to 2009. Judge Caputo, who is in his early 70s, carries For this piece, I picked the ‘‘judicial emer- During this time, she was lead counsel the most cases of any of the judges—more gency’’ in the Middle District of Pennsyl- in the prosecution of more than 250 than 500 civil and criminal combined—de- vania to make a point. Although I have been cases. These cases spanned a wide spite his senior status. ‘‘He’s hanging in be- a strident critic (see accompanying box) of range of legal issues from violent cause he feels like he is letting the court the Republican use of the Senate filibuster down if it doesn’t,’’ Judge Jones says of his to keep bipartisan-approved nominees off the crimes and drug offense to immigra- colleague. ‘‘Because of the judge he is he bench, there is no denying that the Obama tion violations and money laundering. won’t relent.’’ But compared to some of his Administration has in many cases made a Additionally, she has handled approxi- other colleagues in the Middle District, how- bad situation worse by failing to quickly mately 45 Federal civil cases. These ever, Judge Caputo is practically a kid. nominate judges when vacancies occur. cases have included postconviction re- Sitting in senior status, picking up the There is simply no excuse, for example, for lief and asset forfeiture matters, as slack for the empty full-time benches, are the length of time it took the White House well as Freedom of Information Act Judge Edwin M. Kosic, Judge William J. to appoint Mannion and Brann to help fill Nealon, Judge Richard P. Conaboy and Judge and property return lawsuits. the void in the Middle District. None. In 2009, Ms. Rose was nominated by William W. Caldwell—all of these men are at Sen. Toomey, the Pennsylvania Repub- least 86 years old. Two other Middle District lican, refused comment for this story. His the President and then confirmed by Judges in senior status—Judge Sylvia H. Democratic counterpart, Sen. Bob Casey, the Senate to serve as the U.S. attor- Rambo and Judge James M. Munley—are would say only that both sides ‘‘need to ney for the Northern District of Iowa. both over 76 years old. ‘‘All have a substan- come together to fill these critical posi- In this role, she oversees most every tial case load,’’ Judge Jones says, ‘‘but we’ve tions’’ and that ‘‘the real-life consequences aspect of the office. This includes over- created this absurdity where we are leaning of delay are unacceptable.’’ Both men, it is seeing the civil and criminal work on aging’’ and perhaps frail senior judges. fair to say, don’t want to say anything pub- completed by office staff and making Judge Nealon, for example, a remarkable ju- licly to tick off the Republican leadership in final determinations regarding charg- rist by any standard, has more than 150 the Senate, leadership which already has an- cases—at age 89. nounced to the world that it intends to con- ing decisions, plea offers, and civil set- The Middle District today is so under- firm no more of President Obama’s federal tlements. staffed, its current judges so overwhelmed by appellate nominees by invoking what’s be- The American Bar Association’s their relentless workload, that the Chief come known as the ‘‘Thurmond Rule.’’ Standing Committee on the Federal Judge of the 3rd U.S. Circuit, the federal ap- The story of the Middle District is one of Judiciary unanimously rated Ms. Rose peals panel which covers Pennsylvania and basic governance. It’s about the executive as ‘‘well qualified’’ for this position of other mid-Atlantic states, has authorized branch and the legislative branch failing to district judge. trial judges from the Eastern District of perform its constitutional function of ensur- In addition, she is supported by the Pennsylvania to cross over and help their ing a viable judicial branch. It’s about politi- legal community and judges through- colleagues in the Middle District. But it’s cians in Washington failing or refusing to not like the Eastern District has it much provide to the American people—in the Mid- out our State. Newspaper articles pub- better. There are now six judicial vacancies dle District of Pennsylvania, for example— lished in the Cedar Rapids Gazette on there (five judges have in the past few years one of the most elemental services a govern- February 2 and February 20, 2012, cap- taken senior status). President Obama has ment can provide to the governed—func- tured some of that support. yet nominated no one—no one—to replace tioning courts of law. It’s a disgrace that I ask unanimous consent to have those Eastern District trial judges. those old judges in Pennsylvania have to printed in the RECORD these two arti- THE PROBLEM work like that. It’s even more of a disgrace cles. Washington talks ceaselessly about the that Congress and the White House can’t There being no objection, the mate- slow pace of judicial nominations. But few timely agree on their replacements. rial was ordered to be printed in the advocates are able to cite specific examples Mr. LEAHY. Mr. President, I see the RECORD, as follows: of what judicial vacancies mean for the distinguished senior Senator from [From the Gazette, Feb. 2, 2012] American people, for litigants like Rabbi Iowa. I reserve the balance of my time Wasserman, who look to the courts to re- ROSE PICKED FOR FEDERAL BENCH solve disputes. Part of the reason for this is and ask it be under the control of Sen- (by Trish Mehaffey) prudence—current litigants I spoke with for ator HARKIN. CEDAR RAPIDS.—President Barack Obama this article were reluctant to publicly com- I yield the floor. nominated U.S. Attorney Stephanie Rose plain about how long it is taking their fed- The PRESIDING OFFICER. The Sen- late Thursday as the next federal judge in eral civil cases to be resolved. No one wants ator from Iowa. the Southern District of Iowa.

VerDate Mar 15 2010 04:16 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.030 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6036 CONGRESSIONAL RECORD — SENATE September 10, 2012 Rose, of Center Point, said she received the the years, kept mentioning last week to de- Rose is one of 15 women in the academy. call from Sen. Tom Harkin in late afternoon scribe her. They said she is a good choice for Sen. TOM HARKIN said all those qualities and then got the news release from the the federal bench because she’s extremely in- are why he recommended Rose for the U.S. White House. telligent, hardworking, compassionate, hum- attorney job and for the federal bench. ‘‘This has been a really involved process ble, open-minded and forthright. ‘‘I was enthralled by her at the interview,’’ and I’m honored to be selected, especially President Barack Obama nominated Rose Harkin said. ‘‘She has such a presence and with the other talented women that were two weeks ago to become the next federal such eloquence without the window dress- also nominated,’’ she said last night. ‘‘If the judge in the Southern District of Iowa when ing,’’ he said laughing. ‘‘She’s genuine and Senate confirms me, I will be happy to serve U.S. District Chief Judge Robert Pratt re- sincere.’’ and look forward to the diversity of the tires July 1. Harkin said he doesn’t foresee any prob- Southern District and the new opportuni- Rose, 39, of Center Point, has worked in lems with her being confirmed. More than 80 ties.’’ the U.S. Attorney’s Office since graduating percent of President Barack Obama’s nomi- Obama said Rose and Michael Shea, whom from law school, one of the youngest hired at nees have been confirmed so far. he nominated Thursday as a federal judge in the time. She worked her way up to the top WHAT’S NEXT Connecticut, have ‘‘demonstrated the talent, spot in 2009, prosecuting more than 800 fel- Carl Tobias of the University of Richmond expertise, and fair-mindedness Americans ex- ony cases. She was lead prosecutor on 260 of School of Law in Richmond, Va., who ana- pect and deserve from their judicial system. those cases and has handled another 45 civil lyzes the judiciary, said it’s in Rose’s favor I am grateful for their willingness to serve cases and 34 appeals. that she has been through a previous con- and confident that they will apply the law Assistant Johnson County Attorney Andy firmation because it could go more quickly. with the utmost impartiality and integrity.’’ Chappell, who has been friends with Rose ‘‘It’s kind of murky right now with the In a news release, Harkin, D-Iowa, said since law school, said it’s difficult to ‘‘imag- presidential election,’’ he said. ‘‘The con- Rose is a ‘‘superb attorney and among ju- ine anybody more deserving.’’ Rose is bright, firmation process could slow down and even rists, prosecutors and the defense bar has a straightforward and incapable of pretense, he stop until after the convention. It’s good reputation as an extremely fair and ethical said. that she has home state support from Sen. prosecutor who possesses great legal ability, Assistant U.S. Attorney C.J. Williams said CHUCK GRASSLEY, who’s on the Senate Judi- intellect, and judgment.’’ Rose’s ability to quickly comprehend com- ciary Committee, but there are 21 others ‘‘There is no question in my mind that plex issues has helped her succeed. She re- (federal judge nominees) ahead of her.’’ Stephanie Rose would be an outstanding fed- ceived recognition and awards for pros- However, Tobias didn’t rule out the chance eral judge,’’ he continued. ‘‘. . . I urge my ecuting two complicated cases involving that Rose could be confirmed in time to take Senate colleagues to confirm her for this im- Internet pharmaceutical companies, where the bench in July. portant position as quickly as possible.’’ doctors were prescribing pills online to pa- Mr. GRASSLEY. Assistant U.S. at- Rose served 12 years as an assistant U.S. tients they never treated, he said. attorney before being appointed the top pros- The six-year case spanned many states and torney C.J. Williams described Ms. ecutor in 2009. She will be the first woman to required the review of hundreds of docu- Rose’s ability to quickly comprehend serve as a federal judge in the Southern Dis- ments. Some may have not pursued it, Wil- complex issues. Former assistant U.S. trict and only the second woman to serve on liams said, but the challenge never deterred attorney Bob Teig, who retired last the federal bench in Iowa’s history. Rose. year after 31 years, said Thursday that Former Assistant U.S. Attorney Bob Teig, Her determination paid off. The case ended Rose will make an ‘‘excellent’’ Federal who retired last year after 31 years, said with 26 convictions in this district, more judge. He went on to say: Thursday that Rose will make an ‘‘excel- than $7 million in forfeitures and more than She has experience in the courtroom and lent’’ federal judge. $4 million that went to agencies in Dubuque, as an administrator. She has a broad view of ‘‘She has experience in the courtroom and Cedar Rapids and Des Moines. the federal legal system and she’s very intel- as an administrator,’’ Teig said. ‘‘She has a ‘‘She is very skilled,’’ said U.S. District ligent. Stephanie will make a great addition broad view of the federal legal system and Judge Mark Bennett, who presided over to the federal bench. she’s very intelligent. Stephanie will make a Rose’s first jury trial. ‘‘She learns from any great additional to the federal bench.’’ mistakes and doesn’t repeat them. She U.S. District Judge Mark Bennett Teig worked with Rose throughout her ca- doesn’t have a personal agenda. She goes by said: reer with the U.S. Attorney’s Office. the law.’’ She is very skilled. She doesn’t have a per- U.S. District Judge John Jarvey of the sonal agenda. She goes by the law. [From the Gazette, Feb. 20, 2012] Southern District said her prosecution U.S. District Judge John Jarvey of record is impressive for her age because not COLLEAGUES CALL ROSE A GOOD CHOICE FOR all federal judges have that kind of experi- the Southern District said her prosecu- FEDERAL BENCH ence, especially in criminal law. tion record is impressive, noting (By Trish Mehaffey) ‘‘Stephanie has won the respect of prosecu- ‘‘Stephanie has won the respect of The career path of a U.S. attorney and tors and defense lawyers,’’ Jarvey said. prosecutors and defense lawyers.’’ nominee for federal judge could have taken a RESPECT FROM DEFENSE Ms. Rose is also a member of the much different course if she had followed her Steve Swift is one of the defense attorneys Iowa Academy of Trial Lawyers. Mem- early passions for music and journalism. who say she has earned a good reputation bership in the academy is limited to When Stephanie Rose told her parents she among the defense bar. He joined a dozen was going into law, they were surprised at just 250 attorneys whose primary focus other defense attorneys who supported Rose first. She was the girl who sang and danced, is on trial advocacy. Membership in for her U.S. attorney nomination. They said played the piano and oboe, majored in soci- this distinguished group is by invita- she was fair and went by the law in handling ology and loved to write. tion only, with unanimous approval by the controversial prosecution of more than Stephanie Rose of Center Point, the federal the Board of Governors. So Ms. Rose is 380 illegal immigrants charged in the 2008 prosecutor for the Northern District of Iowa, Agriprocessors raid. 1 of only 15 women on the academy. has been nominated by President Barack ‘‘She’s not politically connected, not ac- Mr. Leon Spies, the gentleman who Obama as the next federal judge in the tive in a party . . . this is based on merit,’’ nominated Ms. Rose for the academy, Southern District. (Brian Ray/The Gazette) he said. ‘‘She’s a great advocate for the gov- said he nominated her because she ex- But Rose said she started looking at a law ernment, very forthright—no shenanigans.’’ career because of her childhood experience hibited exactly what the organization Leon Spies, a defense attorney, said Rose growing up with foster siblings. Rose’s moth- strives for, ‘‘the highest quality of trial has always been interested in seeing that er and father were foster parents, and one of advocacy and ethical responsibilities ‘‘justice is accomplished.’’ It’s more impor- the children in their custody had to go to clients and the law.’’ tant for her to ‘‘get it right than to win,’’ he through a painful parental termination be- If confirmed—and I am sure she will said. cause her biological mother, who was in and Spies, also the president of the Academy of be confirmed—Ms. Rose will be the out of jail, fought the proceeding. Trial Lawyers, nominated Rose to the acad- first woman to serve as Federal judge Through the appeal process, the Iowa Su- emy in 2008 because she exhibited what the in the Southern District and only the preme Court terminated the mother’s rights, organization strives for—the ‘‘highest qual- changing children’s rights in Iowa and allow- second woman to serve on the Federal ity of trial advocacy and ethical responsibil- ing the girl to be adopted into a permanent bench in Iowa’s history. I congratulate ities to clients and the law.’’ home. Ms. Rose and wish her well as she as- ‘‘It’s a quite an honor to be nominated,’’ That showed Rose how the law can change sumes her duties as a U.S. district said David Brown, a Des Moines attorney people’s lives. and secretary/treasurer of the academy. judge. ACCLAIMED IN FIELD ‘‘There are over 8,000 lawyers in Iowa and With her confirmation today the Sen- ‘‘Fairness,’’ above all else, is the one word there are only 250 members. There are less ate will have confirmed 156 of Presi- judges, prosecutors and even defense attor- prosecutors and less women, but not by de- dent Obama’s nominees to the district neys, who have been adversaries of Rose over sign.’’ and circuit courts. The fact is we have

VerDate Mar 15 2010 04:16 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.032 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6037 confirmed over 80 percent of President I suggest the absence of a quorum. The PRESIDING OFFICER. The Obama’s district nominees. During the The PRESIDING OFFICER. The clerk will call the roll. last Presidential election year, the clerk will call the roll. The assistant legislative clerk pro- year 2008, the Senate confirmed a total The assistant legislative clerk pro- ceeded to call the roll. of 28 judges—24 district and 4 circuit. ceeded to call the roll. Mr. HARKIN. Mr. President, I ask This Presidential election year we will Mr. HARKIN. Mr. President, I ask unanimous consent that the order for have exceeded those numbers. We have unanimous consent the order for the the quorum call be rescinded. confirmed five circuit nominees, and quorum call be rescinded. The PRESIDING OFFICER. Without Judge Rose will be the 29th district The PRESIDING OFFICER. Without objection, it is so ordered. judge confirmed. That is a total of 34 objection, it is so ordered. Mr. GRASSLEY. Mr. President, I ask Mr. HARKIN. Mr. President, I spoke judges this year versus 28 in the last for the yeas and nays. earlier in greater detail about the nom- Presidential election year. Yet even as The PRESIDING OFFICER. Is there a ination of Stephanie Rose to serve as a we make consistent progress in filling sufficient second? district court judge in Iowa’s Southern judicial vacancies, there are still There appears to be a sufficient sec- District. That is the vote that is com- voices out there claiming otherwise. ond. ing up at 5:30. The question is, Will the Senate ad- For example, early last month the As the Senate begins to vote, I want Des Moines Register of my State ran vise and consent to the nomination of to reiterate what an outstanding nomi- Stephanie Marie Rose, of Iowa, to be an editorial titled ‘‘Judges Remain nee she is. It is no surprise the Amer- Hostages in the Senate.’’ They stated United States District Judge for the ican Bar Association rated her ‘‘unani- Southern District of Iowa? in that editorial, in reference to the mously well qualified,’’ which is their nomination of Ms. Rose, ‘‘She will be The clerk will call the roll. highest rating. The assistant legislative clerk called lucky to come up for confirmation After graduating from law school in when the Senate reconvenes.’’ Of the roll. just 2 years in the top 5 percent of her Mr. DURBIN. I announce that the course the vote had already been sched- class, she served for 12 years as an as- Senator from New Jersey (Mr. LAUTEN- uled at that point, but they overlooked sistant U.S. attorney in the Northern BERG), the Senator from New Hamp- that fact. District of Iowa under attorneys who The Register and other critics who shire (Mrs. SHAHEEN), and the Senator were appointed by both Republican from Rhode Island (Mr. WHITEHOUSE) erroneously blame vacancy rates in the Presidents and Democratic Presidents. Federal judiciary on Republican ob- are necessarily absent. She was lead counsel in 260 felony cases Mr. KYL. The following Senators are structionism overlook other facts as and made 34 oral arguments before the necessarily absent: the Senator from well. You have heard me say on the Eighth Circuit. Most notably, she re- Oklahoma (Mr. COBURN), the Senator Senate floor that the Senate can only ceived a national award from the De- from Illinois (Mr. KIRK), the Senator confirm judges who have been sent here partment of Justice for prosecuting the from Alaska (Ms. MURKOWSKI), the Sen- from the White House. So if the White largest unlawful Internet pharmacy ator from Kentucky (Mr. PAUL), the House has not sent judges here, we can- case in the United States. Her work Senator from Ohio (Mr. PORTMAN), the not, obviously, confirm judges who was so impressive that in 2009 I rec- Senator from Florida (Mr. RUBIO), and have not been submitted to the Senate. ommended her to the President to the Senator from Louisiana (Mr. VIT- In that regard, I would like to point serve as U.S. attorney. In 2009 the Sen- TER). out something from the New York ate unanimously confirmed her, and Times—because a lot of times I think The PRESIDING OFFICER (Mrs. she has been outstanding in her work HAGAN). Are there any other Senators the New York Times would not do as U.S. attorney since then. much to give us a basis for our position in the Chamber desiring to vote? Throughout her career of public serv- The result was announced—yeas 89, that we have done a pretty good job of ice Ms. Rose has worked to uphold the nays 1, as follows: confirming judges, and why aren’t rule of law, made our neighborhoods [Rollcall Vote No. 190 Ex.] judges up here. An article dated August safer, promoted civil rights, and ad- 17, 2012, sheds some light on this very vanced the cause of justice. She pos- YEAS—89 subject. In that article, ‘‘Obama Lags sesses all the qualifications necessary Akaka Feinstein McConnell on Judicial Picks, Limiting His Mark Alexander Franken Menendez to be a remarkably good Federal judge. Ayotte Gillibrand Merkley on Courts,’’ this newspaper, the Times, She is a superb attorney and among ju- Barrasso Graham Mikulski points out how President Obama made rists, prosecutors, and the defense bar Baucus Grassley Moran judicial nominations a lower political Begich Hagan Murray she has a reputation of someone who is Bennet Harkin priority. The article discusses how two Nelson (NE) unfailingly fair and ethical and one Bingaman Hatch Nelson (FL) Supreme Court nominations, personnel who possesses exceptional legal ability, Blumenthal Heller Pryor upheavals, and the President’s empha- intellect, and judgment. Blunt Hoeven Reed Boozman Hutchison Reid sis upon diversity also slowed the Finally, let me reiterate my appre- Boxer Inhofe Risch nominations process for lower court ciation to Senator LEAHY, the chair- Brown (MA) Inouye Roberts Brown (OH) Isakson judges. In fact, even as we continue to man, but also, again, to Senator Rockefeller confirm judges, the President con- GRASSLEY, my senior Senator from the Burr Johanns Cantwell Johnson (SD) Sanders tinues to lag in nominations, including State of Iowa, and to their staffs, espe- Cardin Johnson (WI) Schumer nominations to so-called judicial emer- cially Jeremy Paris and Ted Lehman, Carper Kerry Sessions Casey Klobuchar Shelby gencies. and Senator GRASSLEY’s chief of staff, Snowe Today only 32 of the 78 current va- Chambliss Kohl David Young, for their support and all Coats Kyl Stabenow cancies have a nominee here from the their assistance in getting this nomi- Cochran Landrieu Tester White House. Stated differently, nearly nation through. Collins Leahy Thune 60 percent of the current vacancies are I also thank my chief of staff Brian Conrad Lee Toomey Coons Levin Udall (CO) without nominees. That has been the Albert, and Dan Goldberg, Derek Mil- Corker Lieberman Udall (NM) pattern for most of this administra- ler, and Pam Smith on my staff and my Cornyn Lugar Warner tion. committee staff. Crapo Manchin Webb Once again, I wanted to set the In essence, Ms. Rose is a person of Durbin McCain Wicker Enzi McCaskill Wyden record straight, and I hope I have set it truly outstanding intellect and char- straight. Republicans have been more acter. She is exceptionally qualified to NAYS—1 than fair to this President and his judi- serve as U.S. district judge for the DeMint cial nominees, considering the fact Southern District of Iowa. I urge my NOT VOTING—10 that we have so many vacancies that colleagues to support her confirmation Coburn Paul Vitter have not had a nominee submitted to when the vote occurs in just a few min- Kirk Portman Whitehouse the Senate for our consideration. utes. Lautenberg Rubio Again, I congratulate Ms. Rose. I yield the floor. I suggest the ab- Murkowski Shaheen I yield the floor. sence of a quorum. The nomination was confirmed.

VerDate Mar 15 2010 03:21 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.035 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6038 CONGRESSIONAL RECORD — SENATE September 10, 2012 The PRESIDING OFFICER. Under with a better structure and support the House of Representatives. We did the previous order, the motion to re- than that which was sent by the House our job in the Senate on a bipartisan consider is considered made and laid of Representatives. basis. I was very proud to join with our upon the table. The President will be A full 5-year farm bill gives much colleague Senator ROBERTS and all of immediately notified of the Senate’s more comprehensive disaster assist- our committee who worked so well to- action. ance to livestock producers and to gether and worked so hard, and I again f other farmers who have been hit. Other thank the leadership on both sides of farmers who have watched as their the aisle for giving us the time to get LEGISLATIVE SESSION crops withered under the unforgiving it done. We got it done, and we did it in The PRESIDING OFFICER. The Sen- Sun want to know that not only will enough time to give the House time to ate will resume legislative session. we have a 5-year policy in place, but do it in July before the August break. that we are going to strengthen crop But that didn’t happen. Now it is time f insurance, which is really the backbone to get it done. The House Agriculture VETERANS JOBS CORPS ACT OF of supporting farmers in these kinds of Committee did its job. It is time for 2012—MOTION TO PROCEED—Con- situations. the House Republican leadership to tinued We strengthen crop insurance and ex- schedule a vote to get this done, to pand it so more farmers can have ac- The PRESIDING OFFICER. The Sen- support rural America—our farmers cess to risk management tools on their ator from Michigan. and ranchers and families who are farms. That was the No. 1 issue that we counting on the safest, most affordable THE FARM BILL heard in all of our hearings, to food system in the world to be able to Ms. STABENOW. Madam President, strengthen crop insurance. And that is continue. We don’t need to kick this as we come back into session this what we did. That is one of the reasons can down the road and create another evening and into September, as Chair we need to get a 5-year farm bill done. crisis for farm country. of the Agriculture Committee I have I am looking at my colleague from Madam President, I wish to thank one message for colleagues in the Iowa, the distinguished Senator who my colleagues who are waiting to talk House of Representatives—for the chaired the committee before me. I about another very important subject. Speaker, for the Republican leader- know he shares the same feeling that I I appreciate their giving me the time ship—and that is, we need a farm bill do, that we need to get this bill done in for a few words. now. the House of Representatives. Mr. HARKIN. Madam President, We have 20 days until the farm bill We know our farm bill also fixes would the Senator yield for a question? expires—only 20 days. If that happens, dairy support so dairies do not go Ms. STABENOW. I would be happy to if the Republican leadership does not through what they went through in yield. work with us to pass a 5-year farm bill, 2009, when thousands of farms went Mr. HARKIN. Madam President, I they are going to reset the clock for bankrupt. Frankly, not changing the would like to compliment the Senator rural America all the way back to 1949. policy for dairy is a disaster waiting to from Michigan for her great leadership Because if the farm bill expires, we go happen. So we need to get the farm bill on agriculture policy, food policy. A back to Depression-era policies that in- done. big part of this bill is making sure that clude government planting restrictions We also reform programs. We know our kids in America get adequate nu- and expensive price supports—abso- we have ended direct payments and al- trition, that our elderly get good nutri- lutely unacceptable. together four different subsidies, sav- tion. Our summer and afterschool feed- Some of those policies even reference ing $15 billion while strengthening crop ing programs and feeding programs for prices from before World War I. This insurance. We streamline and address our seniors are all wrapped up in this would be terrible for our family farm- duplication, crack down on waste, bill too. ers and ranchers. It would throw the fraud, and abuse. In the end, our bill I was in Iowa in August and met with markets into complete disarray. There saves $23 billion for taxpayers—$23 bil- a lot of farmers, and they were a little is no reason this should be allowed to lion to pay down the debt. The only perplexed. happen. The full Senate has worked to- real deficit reform we passed in the They said: Wait a minute. You passed gether and passed a bipartisan farm Senate was our farm bill, which we a bill in the Senate? bill. The House Agriculture Committee worked on together. I said: Yes. worked together and passed a bipar- Unbelievably, the House Republican So I ask the Senator from Michigan, tisan farm bill. It is time for the House leadership still stands in the way of did not that bill have the support of all to complete its work. The House Re- passing our bipartisan bill or their own the major farm organizations? publican leadership has refused to let committee’s bipartisan bill. On Ms. STABENOW. Absolutely. We had the bipartisan bill come up for a vote. Wednesday we are going to see thou- the support of farm groups and con- Despite our best efforts in speaking sands of farmers around the country servation groups all across the coun- with colleagues and working together coming to Washington with a simple try. over the August break to try to come message: We need a farm bill now. Mr. HARKIN. I ask the Senator from up with a way to get this done, we find Members are going to have visits from Michigan, did not her bill, the bill she ourselves in a position now where our farmers and ranchers from their engineered and got through here, have only opportunity is for the House to States. House Members will be hearing the support of consumer groups and take up the bill that was passed by from members in their districts. They parent groups? their committee and get this done. I have one simple message. Those farm- Ms. STABENOW. Absolutely. have never seen a situation where a ers knew when there is work to be done Mr. HARKIN. It had all that support? farm bill—this is my fourth one I have you do not put it off to another day. Ms. STABENOW. Absolutely. And be- been involved with—comes out of com- Not if you are going to be successful as cause of the wonderful work of the Sen- mittee on a bipartisan basis, and then a farmer. And we shouldn’t be kicking ator from Iowa on our school nutrition the House will not take it up, which is the can down the road either. They efforts and the Fresh Fruit and Vege- exactly where we are. can’t say: I don’t want to harvest my table Program, we had the strong sup- Instead, they sent us a so-called dis- crops right now. I think I will do it in port of families, educators, and schools aster relief bill that, unfortunately, a few months or next year or tell the across the country. only helps some livestock producers banker to wait until later so I can fig- Mr. HARKIN. Conservation groups with the drought this year. It does ure out what I have to make decisions supported the bill? nothing for the rest of the Nation’s on for next year. They know that when Ms. STABENOW. Absolutely. farmers who have been hurt so badly the crops need to be harvested, the Mr. HARKIN. Well, what farmers this year by frost and freezes. Our farm work needs to get done now. asked me was this: If you had a bill bill does that. In fact, our farm bill is Well, we have 19 days left. This is day that passed the Senate, a bipartisan better for livestock. It is a permanent 20. We are going to count it down every bill supported by all the major farm livestock disaster assistance program day because we have to get this done in groups, supported by consumer and

VerDate Mar 15 2010 04:16 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.037 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6039 conservation groups, why didn’t the highways, bridges, transportation sys- he is cutting $62 billion from the budg- House just pick it up and pass it? tems, and the environment, and I will et. Let me just say that for every dol- I didn’t have an answer. Does the also make a couple of comments about lar we spend on clean air protections, Senator from Michigan have an an- Medicare. I know Senator HARKIN is we know we get $30 worth of benefits. swer? Because I don’t understand why going to go into that in great depth. In 2010 alone, the Clean Air Act pre- the House can’t take a bill that is so I want to make sure everybody un- vented 160,000 premature deaths. Ask a widely supported and is such a bipar- derstands that what I am talking about family who stands to lose the bread- tisan bill and just pass it. comes straight from the budget. So if winner in that family: Did we save Ms. STABENOW. Well, the distin- you look at page 78 of the report ac- money? No. guished Senator is absolutely right. companying the Ryan budget resolu- Let me cite some numbers: 1.7 mil- One would think this would be the time tion, Mr. RYAN makes it clear he wants lion asthma attacks, 130,000 heart at- to just pass it. And frankly, if not, be- to make devastating cuts to transpor- tacks, 86,000 emergency room visits, 13 cause we know the House committee tation. What do I mean when I say million lost workdays, and 3.2 million has a little different view on commod- that? I mean devastating. I mean a 50- lost schooldays. In 2010 the Clean Air ities, we offered to sit down all through percent cut, which means about 1 mil- Act prevented all that. August to work that out so we could lion jobs would be lost if the Ryan So what is the point, Mr. RYAN? What come back now and come up with budget were to go into effect. We are is the point? It will cost the American something that was a compromise. But talking about construction jobs—an public dearly out of their pockets and the House committee wasn’t able to do area that has been hit so hard. We still out of their lives if they suffer more that because they do not have the sup- haven’t come back from this recession. asthma attacks, emergency room vis- port of the leadership to get that done. And if there is one thing we learned its, lost workdays, lost schooldays, and So here is where we are. What I know when we were in the Presiding Officer’s they have more heart attacks and pre- is that we have to have movement. We great State at that convention, it was mature deaths. That is shortsighted. have to have the House act or we are the depth of this recession—the worst The American Lung Association—and not going to be able to get this done. since the Great Depression. What a they are not Republican or Demo- Mr. HARKIN. I say to my friend from time PAUL RYAN picks to bring dev- cratic—says that 40 percent of our pop- Michigan, my leader on agricultural astating cuts to the construction in- ulation lives in areas with unhealthy policy, she knows there is enough anx- dustry. I am talking about businesses levels of smog or toxic soot. iety in farm country now because of and jobs mostly in the private sector, So let’s remember that when we look the terrible droughts we are having not the public sector. at a budget, there is a set of values around the country, the shortages that We have to think about the fact that that accompany the numbers. And I are looming, that now is not the time 70,000 of our bridges are deficient and 50 don’t think it is an American value to to add more anxiety to farmers and to percent of our roads are not in good say to our people that we don’t care if farm families and our rural commu- condition. We know bridges fail. We they get sick, they miss work, or they nities across America. So I thank the have seen it happen. We are not only go to the emergency room. Senator for her great leadership and talking about devastating cuts to the Finally, I want to set the stage for for pointing out that as well as acting. construction industry and its workers Senator HARKIN’s very in-depth discus- Our committee has acted, the Senate but a devastating situation for people sion about health care. I am just going has acted, and what the House is doing who use our bridges—the 70,000 of to talk about Medicare and Medicaid as I just can’t figure out. which are structurally deficient—and someone who is privileged to represent, Again, I compliment the chairwoman our roads, which need help. So no coun- along with Senator FEINSTEIN, the of our committee for pointing out that try can lead the world if we can’t move largest State in the Union, with the we have 20 days left and we are count- people and goods, and we cannot be a most senior citizens. We have almost 38 ing down. I am hopeful the House will world power when it comes to transpor- million people. So whenever I talk hear the voices of our farm country tation. about this Ryan budget and how many and the bipartisan voices here in the The Ryan budget is a jobs killer. I people get hurt, believe me, I speak Senate and get a bill passed—or agree am talking about 1 million jobs that from the heart when I say we can’t let to the bill passed in the Senate. I would be lost—in the private sector it happen. thank the Senator from Michigan. mostly—and it would put our families The American people know Medicare, The PRESIDING OFFICER. The Sen- at risk by neglecting our bridges, our they like it, and they do not want to ator from California. highways and our transit systems. change it. Now, the Republicans tell us Mrs. BOXER. Madam President, I ask Now, President Obama, on the other their plan saves Medicare. But just ask unanimous consent that when I have hand—and, frankly, a lot of us here on someone. Ask someone who is going to completed my statement, Senator HAR- both sides of the aisle—reject the no- be the victim of the PAUL RYAN plan if KIN be permitted to take the floor at tion that we can walk away from re- we don’t stop it. That person will find that time. building our infrastructure. So this is a they are getting a voucher; they are The PRESIDING OFFICER. Without very key issue. not getting Medicare. Medicare will be objection, it is so ordered. I said I wanted to speak as the chair- gone. They will get a voucher, and ex- THE RYAN BUDGET man of the Environment and Public perts tell us and the studies show that Mrs. BOXER. I wish to thank Senator Works Committee, and I have talked a voucher will be almost $6,000 a year HARKIN because he and I were spending little bit about public works, but what short. Imagine an older person who a little time together in the great does the Ryan budget do to the envi- really is struggling for a quality of life State of our Presiding Officer, and he ronment? What he does is he under- having to have the added worry of not and I agreed that one of the issues that mines the public health protections knowing whether he or she will be able ought to be talked about a little bit provided by the Clean Air Act, the to find health insurance. more involves the stark choice we are Clean Water Act, the Safe Drinking Look, putting Republicans in charge facing in November in large part due to Water Act, and other landmark laws. of Medicare is like putting the Cookie the budget of PAUL RYAN, who is now If we look at pages 13 to page 15 of Monster in charge of your favorite bak- the Vice Presidential nominee for the his budget, we can see he cuts $62 bil- ery. And I am not overstating it. No Republicans. And Governor Romney lion for activities such as protecting one would put the Cookie Monster in has endorsed and embraced the Ryan our drinking water, protecting our air, charge of their favorite bakery. Well, budget. and preserving our public lands. Let’s we can’t put the Republicans in charge I think it was Senator HARKIN’s idea face it: When kids get asthma, when of Medicare, and I will prove why. This that we ought to explain that Ryan people are too sick to go to work, when isn’t just rhetoric. Listen. In 1995 Newt budget, so I am going to do my best to children are too sick to go to school, Gingrich said he thought Medicare, in talk about it as the chairman of the and when people die prematurely from his words, should wither on the vine. In Environment and Public Works Com- heart attacks because of the air qual- his 1996 Presidential campaign, Senate mittee, which has the jurisdiction of ity, there are no real savings. He says majority leader Bob Dole bragged:

VerDate Mar 15 2010 03:49 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.045 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6040 CONGRESSIONAL RECORD — SENATE September 10, 2012 I was there fighting the fight, voting want transportation—and they don’t need a blueprint, and that blueprint is against Medicare, because we knew it want to be worried if a car is on a a budget. A budget sort of tells us wouldn’t work in 1965. bridge that is going to fall down into where it is that the proponent of that Really? Really. Medicare works. Why the water below. It has happened. budget wants to take us as a country— would we end it? We are not going to Here is the deal. If we were to say to a Federal budget. If it was a State end it. But if PAUL RYAN gets into Mr. RYAN: Are you cutting all this so budget, we would say that is where power, he will have a good chance of you could balance the budget today, he they want to take the State. ending it with his friend and Presi- would say: Oh, no; that is 25 years from So we on this side intend, over the dential candidate Mitt Romney who now. next several days, couple weeks—how- has endorsed the Ryan budget. What is he doing with the ‘‘savings’’? ever long we are in session—to let the Listen to what Michael Steele, the He is giving these huge tax breaks. I American people know what is in the head of the Republican National Com- will close with this. People earning Ryan budget and where it would take mittee, said in 2009: more than $1 million a year are going America: What is the blueprint they I mean, the reality of it is this single-payer to receive $400,000 more in tax breaks have for America? program known as Medicare is a good exam- every year. So he cuts everything to Our Nation faces an absolutely fun- ple of what we should not have happen. give these tax breaks to the people who damental choice in November: Are we The Ryan budget at page 53 shreds already have millions and billions, but going to rescue, restore, and rebuild Medicare. As if he hasn’t slammed it is still not enough. As President the struggling middle class in this Medicare enough, look what he does to Obama has pointed out, he will then country or are we going to continue to Medicaid. He cuts it by more than $800 have to go after the middle class and shift even more wealth and advantage billion. Where are low-income families take away middle-class tax deductions, to those at the top at the expense of going to go? such as the home mortgage deduction, the middle class? Republicans have Senator HARKIN is the expert, but I because he doesn’t even get enough made it very clear where they stand on can tell you this. So many of our elder- money from these Draconian cuts. He this critical choice. They did so when ly rely on Medicaid for nursing home has to go ahead and raise taxes on the nearly every Republican in Congress costs. It is a disaster. We know that in middle class. voted in favor of the Ryan budget plan, addition to all these terrible cuts—and I watched Presidential nominee Rom- and Governor Romney embraced that by the way, when PAUL RYAN attacks ney be asked this question: What are plan as marvelous—not exactly a word President Obama for cutting money you going to cut? He said: Well, we will most average Americans would use to from Medicare, what he isn’t telling us discuss it later. Mr. RYAN, the Repub- describe something they like. But if is the President has found savings from lican Vice Presidential nominee, said: you are having tea at the Ritz, I guess overpayments to providers. Do you We will work with Congress on it. ‘‘marvelous’’ kind of fits for some peo- know what he does with the money? He Right. ple. Anyway, he embraced the plan as puts it right back into Medicare, ex- Listen, they know they have to make marvelous. tends the life of the program for 8 Draconian tax increases on the middle The very centerpiece of the Ryan years, closes the doughnut hole to help class and the working poor. They have budget is a dramatic shift of even more seniors, and gives senior citizens pre- to cut the things America wants in wealth to those at the top, huge new ventive health care, well checkups, and order to pay for their tax cuts. No won- tax cuts for the richest 2 percent. As the like. der Mr. Romney picked Mr. RYAN. Mr. the Senator from California pointed To quote President Clinton, that Romney will be in the 1-percent tax out, if we take the Bush tax cuts and ‘‘takes a lot of brass.’’ Because the fact bracket—that is what the experts say— extend those—which Mr. Romney is, President Obama has strengthened can you imagine?—while his secre- would do and Mr. RYAN’s budget does— Medicare and has extended the life of taries and everybody else pay through then add on to it the tax cuts in the Medicare. What PAUL RYAN does is he the nose. Ryan budget—which Mr. Romney sup- takes those cuts and he gives tax These next 60 days or so is an impor- ports, so I can call it the Romney-Ryan breaks to millionaires and billionaires. tant time for us. I wish to thank my budget or the Ryan-Romney budget. If I yield to my friend. friend from Iowa because I was very in- we do that and you make over $1 mil- Mr. HARKIN. I thank the Senator for terested in laying out some of these lion a year, you are going to get nearly yielding, and I thank the Senator for issues and he encouraged me to do so. $400,000 a year in new tax cuts. Think her keen eye on the Ryan budget and I am very delighted to be here with about it. It takes your breath away— what it does. him. $129,000 in the Bush tax cuts would be I listened to the Senator’s expla- I yield the floor. extended, plus an additional $265,000 nation of President Obama’s goal to The PRESIDING OFFICER. The Sen- that would be in the Ryan budget. cut down overpayments, fraud and ator from Iowa. We hear a lot about entitlements; we abuse, and to put that money back into Mr. HARKIN. Madam President, let are going to cut entitlements. But this helping beneficiaries. I ask the Sen- me thank my colleague Senator BOXER is an entitlement. Think about it. If ator, isn’t it true that both Ryan budg- for always being on point and for al- someone makes over $1 million a year, ets incorporate those very same cuts ways being very eloquent in her focus they are entitled to that. They don’t President Obama wants to do? and explanation of the fallacies of the have to do anything else. They don’t Mrs. BOXER. Absolutely. Both his Ryan-Romney budget and how it is have to jump through any hoops. They budgets take the same amount. But in- going to affect our middle-class fami- don’t have to show any hurt or any- stead of putting it back into Medicare, lies in the future. thing else. Just if someone makes over he robs Medicare, and Medicare will go Since we recessed around the 1st of $1 million, they are entitled to it. How broke—my understanding—in 2016 August and have been out of session, about this entitlement? Republicans under the Ryan plan; whereas, Presi- Congressman PAUL RYAN—our col- always want to make it seem as though dent Obama puts the money back into league in the House—has become the entitlements only go to poor people or Medicare, extends the life 8 years, and Vice Presidential nominee of the Re- the elderly or children. They talk gives more benefits. publican Party, and, of course, Mr. about Medicaid as an entitlement. I am going to finish up and just say Romney has accepted the nomination What about this? This is an entitle- this. However you look at this, this to be President. Congressman RYAN is ment to those who are rich. Ryan budget is a roadmap for disaster not an unknown quantity. He has been How do the Republicans pay for this? for the American people. He cuts the here quite a few years, and as the head They don’t want to say how, but all we heart out of things the American peo- of the Budget Committee he has put have to do is look at the Ryan budget ple like. The American people want forward a couple budgets. Budgets are and that will tell us how they pay for clean air, they want safe drinking blueprints. If one is going to build a it. They pay for it by massive Draco- water, they want Medicare, they want building or a house, they need a blue- nian cuts to programs that undergird to make sure our seniors can be safe in print. If you are going to try to move the middle class and essential to the nursing homes. The American people the country in a certain direction, you quality of life in this country, such as

VerDate Mar 15 2010 03:49 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.046 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6041 education cuts, student grants and guarded moment: ‘‘Deficits don’t mat- gram. A senior could buy traditional loan cuts, law enforcement, clean air ter.’’ Do you remember that? Vice Medicare or health insurance. So what and clean water, food safety, medical President Cheney, ‘‘Deficits don’t mat- is the catch? The voucher will not be research, highways, bridges and other ter.’’ I guess they didn’t to him and enough to cover health care costs. So infrastructure that was focused on by President George W. Bush because look seniors’ out-of-pocket health care costs the Senator from California—all those at the deficits they plunged us into. will steadily increase. The nonpartisan would be cut. Now Congressman RYAN is basically, Congressional Budget Office has pro- The Republican plan would end Medi- with his budget—he will not say it pub- jected that the Ryan budget proposal care, period. It would turn it into licly, but with his budget he is saying could increase annual out-of-pocket voucher care. So now we have a new the same thing: Deficits just don’t costs for seniors by more than $1,200 in word, not Medicare but voucher care, matter. What matters are tax cuts for 2030 and $6,000 in 2050. that would force seniors to pay nearly the wealthy. What this chart shows is the increase $6,000 more per year out of pocket for Never in our history have we seen a in health care costs in today’s dollars, their health care in future years. We deficit proposal so radical and extreme. constant dollars, that elderly persons don’t get Medicare; we get a voucher. I was here. I was in the House and then will have to pay for during their ex- That plan would strip tens of millions later in the Senate when President pected lifetime, their average life ex- of Americans of their health care cov- Reagan was President. He was conserv- pectancy from the time they retire. In erage and cut millions of poor kids ative, but he was not radical and as ex- 2023 the average senior living an aver- from nutrition programs. Their plan treme as this budget. When I tell peo- age lifespan would pay $59,500 more. would leave America with a less-skilled ple back in Iowa about the Ryan budg- Senator BOXER rounded that off and workforce, a deteriorating infrastruc- et, they say: Come on. That approach said $60,000 more. But look what hap- ture, making us less competitive in the is so extreme and unbalanced you must pens when we get to 2030. The average global marketplace. be making it up. senior will pay $124,600 more over their Lastly, Republicans offset these big The Romney-Ryan plan is extreme expected lifespan; in 2040, $216,000 more. new tax cuts by actually raising taxes and unbalanced, and I am not making By 2050, $331,000 more for their retire- on the middle class. That is a dirty lit- it up. Don’t take my word for it. Listen ment years they would have to pay in tle secret you won’t find unless you dig to former House Speaker Newt Ging- health care costs. That is in constant into the Ryan budget. It is true. Here is rich. He criticized the Ryan budget. He 2012 dollars. why: Under the Republican plan, under called it ‘‘rightwing social engineer- They say: But a senior can go out and the Ryan-Romney budget, middle-class ing.’’ All I can say is, Newt, you got buy traditional Medicare or private families are net losers, paying signifi- that one right. health insurance. Here is the catch on cantly higher taxes. The wealthy are Representative RYAN believes in radi- that. What they do is put Medicare in huge net winners. The nonpartisan Tax cally shrinking the size of government a death spiral. Here is how. If a person is a very healthy senior Policy Center estimates that under the to what it was over a half century ago. they can go out in the private insur- Romney-Ryan budget, middle-class His aim is to use the deficit crisis as a ance market and probably get a pretty families with children would see their pretext for degrading and dismantling good deal. If they have no preexisting taxes go up, on average, by more than everything from Medicare and Med- conditions, if they have never had can- $2,000 a year. icaid to education, environmental pro- cer, no one in their family has had it, The bottom line is that the Romney- tection, workplace safety, medical and if they are very healthy, they have Ryan budget does not reduce the def- scientific research, and on and on. It never smoked, they are just in great icit. I hear Congressman RYAN and Mr. doubles down, as President Clinton physical shape, they can probably go Romney out there talking on the said—it doubles down on the theory out and get a private, cheap private in- stump about the budget and the deficit, that if we just give more and more of surance policy with their voucher. and they go on and on. Why don’t they our national wealth to those at the top, So who stays in Medicare then? The own up to it? The Ryan budget keeps it will magically trickle down. oldest and the sickest, and therefore us in a deficit for 28 more years. Yes, We have tried that before. It sure the costs of Medicare spiral up and spi- you heard me right. The Ryan budget does not work. ral up and it becomes untenable. It is a keeps us in the red for 28 more years. I would like to focus some more of death spiral. That is Mr. RYAN’s way of When President Clinton was inaugu- my remarks this evening on the dev- killing Medicare. rated in January of 1993 and we put astating impact of the Romney-Ryan Yes, he says people will get a vouch- through the Clinton budget—which, I budget on Medicare and Medicaid, but er, and they can buy Medicare or they might point out, not one Republican health care more generally. Since he can buy private insurance, but it puts supported—it turned those deficits first arrived in Congress, Representa- Medicare into a death spiral. The Ryan right around, and within 5 or 6 years tive RYAN has consistently pushed a budget turns this successful, reliable, we were in a surplus. It doesn’t take 28 very radical health care program—to comprehensive source of health care years. It only took a Democratic Presi- end Medicare. End Medicare, as we say, that seniors have relied on for dec- dent and a Democratic Congress pass- ‘‘as we know it’’ but to go to voucher ades—and have paid into, I might add, ing the legislation in 1993 to end the care. Give everybody a voucher. Under during their years of hard work—into slide into deficits and turn it into a his proposal, seniors would no longer some unproven, unpredictable, right- surplus in only 5 or 6 years. The Ryan have the guaranteed medical benefits wing, conservative experiment. I do not budget keeps us in a deficit for 28 they have enjoyed for decades. Instead, want to experiment with the elderly. I years. Again, the savings they gain by they would get a voucher from the Fed- want them to have good health care slashing spending and raising taxes on eral Government and they can go out they can afford, that is universal, and the middle class go to partially offset- and buy individual private insurance or that they can count on. ting the $4.5 trillion in new tax cuts, Medicare. President Obama has fought to most of which goes to the wealthiest That is the catchy little thing. We strengthen Medicare, and he believes, Americans. will hear Mr. RYAN and Mr. Romney as we do, it is a sacred contract. He has The truth is Representative RYAN is say they can buy Medicare if they made a commitment to strengthen not interested in balancing the budget. would like to or they can buy private Medicare in the Affordable Care Act. That is not his interest. Even under his insurance. Let’s look at that. For example, by eliminating the gaps most rosy assumptions, the budget They say this is a tough-minded solu- in coverage, closing the doughnut would not balance until 2040. The re- tion to our debt problem, but it is just hole—which we have already started to ality is the Ryan budget’s overriding a scheme, a scheme to shift costs onto do—elderly Iowans, I think, received goal is not to balance the budget but to America’s seniors rather than making over $600 back this year just from clos- reduce taxes on those at the top. Con- debt reduction a shared sacrifice for all ing the doughnut hole. gressman RYAN has turned out to be a of us. Reducing the cost of prescription true acolyte of former Vice President Again, let’s look at this voucher sys- drugs. According to Medicare’s own ac- Cheney, who famously said in an un- tem. They would get a voucher pro- tuaries, the Affordable Care Act,

VerDate Mar 15 2010 03:49 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.048 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6042 CONGRESSIONAL RECORD — SENATE September 10, 2012 ObamaCare, extends the program sol- Iowa, as chair of the committee that show, ‘‘Meet The Press.’’ So the aver- vency from 2016 to 2024. Again, how? As dealt with ObamaCare, knows what ad- age American says: Oh, Governor Rom- the Senator from California said, by verse selection means. It means if peo- ney, he is for keeping coverage for pre- fighting waste, fraud, abuse and by get- ple wait until they are sick to buy existing conditions. That is good. That ting rid of wasteful subsidies to insur- health insurance the whole system is nice to know. ance companies. Our plan for Medicare falls apart. So in Massachusetts they They do not hear the clarification is basically summed up: Mend it but required everybody to buy health in- that came about later because that was don’t end it. surance. not on ‘‘Meet The Press.’’ That was I was taken a little aback yesterday. Mr. HARKIN. I think that is called sort of under the radar, when they said Over the weekend Governor Romney an individual mandate? they wanted to clarify what Governor stated he would keep some of the pop- Mr. DURBIN. An individual mandate, Romney meant was he would prevent ular provisions of the Affordable Care some critics might say. Some of us call discrimination against individuals Act. Like what? Well, like kids staying it individual responsibility. And we did with preexisting conditions who main- on their parents’ insurance plans until the same, when it came to health care tain continuous coverage. As the Wash- they are 26 and ensuring coverage for reform, keeping in mind if people cur- ington Post pointed out, there are 89 folks with preexisting conditions. rently have health insurance and like million Americans who would be dis- I said: Wait a second. I thought he their doctor, like their hospital, we are qualified because they had a plan, they said on the first day he was going to re- not going to change their lives one bit. lost it because they moved or some- peal ObamaCare? But now he says he But for those who are out in the mar- thing like that, and picked up another wants to keep those. I was a little con- ketplace, the availability of health in- plan. There goes their coverage. Just fused, but my confusion was short-lived surance would be there, but everyone think about that. You are a family. because his campaign then came out has the responsibility to buy it. Let’s say your spouse has a preexisting with a clarifying statement. They We don’t think twice when we have a condition—it could be diabetes, it clarified what Governor Romney said, closing on a home. We need fire insur- could be cancer, it could be anything— and this is the quote: ance on this home. My home has never but you have been covered under a Governor Romney will ensure that dis- burned down, thank goodness, but I plan. President Obama, with the Af- crimination against individuals with pre- buy fire insurance. That is individual fordable Care Act, ObamaCare, says be- existing conditions who maintain continuous responsibility so there is something to ginning in 2014, just as we now cover coverage is prohibited. pay the mortgage off if the house burns children, no plan can discriminate The Washington Post reports that 89 down. against you because of a preexisting million Americans would be left out of But in this circumstance what I un- condition. What Romney is saying with Romney’s preexisting condition plan. derstand Governor Romney to say is we his clarification is only if you have al- Why? They were working and they had don’t think insurance companies ways had that plan. What if you are a a health plan. They were out of work should discriminate against people family that moved from one State to for a month or two—maybe went some- with preexisting conditions. OK, I am another due to a job issue? You move place else to work and got a different with him. But then he goes on to say— and your spouse or maybe one of your plan: Sorry, you didn’t have contin- I think the point the Senator made— children who is perhaps still on your uous coverage. You don’t get covered. let’s kind of bear on this for a minute— policy and has a preexisting condition These are the little games that Gov- what he goes on to say is so long as won’t be covered. They will not cover ernor Romney and Congressman RYAN people have had continuous insurance. them. Mr. Romney didn’t say that on are playing with the American people. What if a person was unlucky enough ‘‘Meet the Press.’’ Mr. DURBIN. Will the Senator from to lose a job? Out of luck. Their pre- Mr. DURBIN. I say to the Senator Iowa yield for a question? existing conditions just disqualified from Iowa that I met so many people in Mr. HARKIN. I am delighted to yield them from health insurance. They are my State of Illinois who said, I cannot to my friend from Illinois. stuck, under the Romney approach. leave my job because I don’t know if I Mr. DURBIN. I was trying to under- What if they had any kind of interrup- can ever find health insurance again. I stand this Republican position. It used tion whatsoever in their insurance cov- am stuck because I have a child or a to be crystal clear. In 23 debates we erage? They are dead in the water. So spouse with a problem. The real world heard Republican candidates say, one when we talk about taking uninsured of human experience tells us this hap- after another after another: First day people, bringing them into insurance pens all the time. It makes me wonder in office ObamaCare is gone. But I that has quality to it, quality coverage sometimes. There are 8 or 9 million heard the same thing the Senator did, where they cannot discriminate Americans—almost one out of three and I have tried to understand it. against people, we are saying whatever Americans—not covered by this Rom- I do give Governor Romney some cre- their previous insurance experience we ney plan. How does this solve any prob- dence in this regard. I have said, when are all going to get into this together. lems? If we are not going to have asked, he is the baby daddy of We are all coming into the tent to- health insurance we can count on when ObamaCare because it was Governor gether and they cannot be discrimi- we need it, it is worthless. It is a sub- Romney who created the first version nated against because they are a sidy the insurance company doesn’t of ObamaCare in the Commonwealth of woman, had a baby—all the different pay off when the family needs it. Massachusetts, and he understood—I things they have used. I didn’t mean to interrupt the Sen- hope the Senator from Iowa can help So when we listen closely to it, here ator from Iowa, but I wanted to make me to understand, and those listen- was Governor Romney basically saying that point very strongly. ing—he understood the concept of in- he is against the discrimination on pre- Mr. HARKIN. I want to say one other surance. If everyone who bought an in- existing conditions, but then footnoted thing about this idea of the individual surance policy wrecked their car or got down at the bottom of the page—as mandate then-Governor Romney sup- sick the next day, insurance would not long as people have had continuous ported in Massachusetts. We all have it work. The only way it works is most coverage. It is an empty promise. It within us—I think especially as Ameri- people are safe drivers. They buy insur- doesn’t give people anywhere near the cans—that we don’t like to be told any- ance and a small percentage use it. So protection and insurance that thing. We don’t like to have a mandate there is a pool of money collected from ObamaCare gives. That is what I under- put on us. Well, as the chair of the premiums creating a reserve for acci- stand to be the difference. health committee, and someone who is dents. Is that the way the Senator under- very much involved in this process of Here we have a situation where Gov- stands Governor Romney’s clarifica- getting the Affordable Care Act ernor Romney has agreed with us—I tion of his statement of yesterday? through, I want to make it very clear, commend him—that people with pre- Mr. HARKIN. I thoroughly agree you don’t have to buy insurance. There existing conditions when it comes to with my friend from Illinois. Governor is no individual mandate that says you health care should not be discrimi- Romney makes the statement. It is on have to buy insurance. I want to make nated against. But the Senator from a very popular well-viewed Sunday talk that clear, and I want to keep making

VerDate Mar 15 2010 03:49 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.049 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6043 that point. I have been making that Down’s syndrome or autism. Medicaid she racked up $60,000 in medical debt. point for months now. You don’t have gives them a lifeline or middle-class The Ryan budget would repeal to buy insurance. It just says if you families would be paying out of their ObamaCare. They would tell people don’t buy it and you get real sick and pockets for the health care costs of like Eleanor Pierce: Tough luck, you want to get in line to get health insur- their children for their entire life- are on your own. We are not all in this ance, you pay a penalty. They call it a times. Yes, this is one of the entitle- together. You mean you are not worth free-rider penalty. ments they want to cut. Medicaid is an $1 million? Tough luck, you are on Have we ever seen that before? How entitlement. your own. about Medicare? We have it in Medi- Well, how about that tax plan? If you Repeal will allow insurance compa- care. When you turn 65, you don’t have are a millionaire—that is all you have nies to put limits on the coverage of to get Part B. No one tells you that to be. All you have to do is have an in- more than 100 million Americans, stop- you have to do that. If you wait until come of over $1 million a year and you ping benefits right when they get sick. you are 67, 68, 69, or 70, you pay more. get huge tax benefits. How about that Repeal would kick more than 3 million You will pay a lot more than if you entitlement? No, they don’t touch that young people off their parents’ policy. picked it up at 62 or 65 when you re- one. At the center of the Ryan budget This is Emily Schlichting who testi- tired because it is a free-rider penalty. is his promise to repeal the Affordable fied before the committee. She is an el- So we have to get rid of this idea that Care Act, ObamaCare, a commonsense egant young woman going to college in this is some kind of individual man- health reform that led the Common- Omaha. She said young people are the date that you are forced to do some- wealth of Massachusetts to have one of future of this country and we are the thing. No, you are not forced to do it. the lowest uninsurance rates in the most affected by reform. We are the But if you are a free rider, and you say country. ObamaCare—I know the Re- generation that is most uninsured. We I will only go when I get sick—like the publicans have been using that as a need the Affordable Care Act because it car accident the Senator pointed out— pejorative. I say it proudly. is literally an investment in the future I was with President Obama in Iowa yes, you pay a penalty. That is all. You of this country. She suffers from a rare a couple of weeks ago when he spoke to don’t have a mandate. You just have to autoimmune disorder that would to- a huge group of students at my alma pay a penalty. I think when we de- tally make her uninsurable in the old mater, Iowa State University. There scribe that, I would say that sounds days and under the Ryan budget, which was a big sign in the back that said fair. If you are not going to be in the brings back those old days. Thanks to ‘‘ObamaCare.’’ President Obama looked insurance pool—it is as though I am the Affordable Care Act, she can stay at it and said, yes, ObamaCare. Speak- not going to have car insurance, but if on her parents’ policy until she is 26. ing of himself in the third person, he I have a wreck, I want to call the in- By 2014, regardless of her preexisting said: Yes, Obama does care. He said, I surance company and they will insure condition, she will get affordable care about making sure everyone is me to the moment right before the health insurance coverage. wreck. That is nonsense. Of course, we covered who has a preexisting condi- tion. I want to make sure that kids can Repeal under the Ryan budget would don’t do that. allow insurance companies to spend Well, as I said, I intend to take the stay on their parents’ policy while they America’s premium dollars on CEO bo- floor today, tomorrow, and for the next are in college. Yes, I want to make sure nuses, marketing, and fancy buildings several days to point out what the that the elderly have a good, affordable rather than actual health care. Under Ryan plan does overall but basically in Medicare Program. Yes, I want to the health reform medical loss ratio re- health care. make sure that people have good pre- We mentioned Medicare. Let’s talk ventive health care systems in Amer- quirement, policyholders nationwide about Medicaid. How about Medicaid? ica. Obama cares, that is what will receive more than $1 billion in re- What does Medicaid do? Basically, as I ObamaCare is. Obama cares, and he bates from insurers this year. That is have said many times, it is there to cares very deeply that we have a health $1 billion in rebates this year that goes give a decent quality of health care and care system for all and not just for a back to policyholders and families; a quality of life to the hopeless, the few. As was said by President Clinton otherwise, that $1 billion would be helpless, and the hapless. It is for peo- in his speech, an American policy based going into CEO bonuses, marketing, ple who otherwise sort of fall through upon ‘‘we’re all in this together is private jets, company planes, fancy the cracks, people who need health much better than the policy of tough buildings, and things such as that. care who cannot afford it or who, be- luck, you’re on your own,’’ which is the These are just a few of the ways the cause of their life situation, have never Ryan budget philosophy. Romney-Ryan budget would repeal been able to get any kind of health When we get past the political the- ObamaCare and drag America back to care coverage. ater and look at what the Ryan budget the bad old days. Well, here is what he does. I will get actually means, it is not a very pretty Again, I will repeat that over the last into this more. The Medicaid funding, picture. The Ryan budget would repeal few weeks Representative RYAN has which the Senator from California the prescription drug doughnut hole been telling everyone how the Presi- mentioned, over 10 years takes over closure we are doing. It would allow in- dent’s health reform plan robs Medi- $810 billion—that is with a ‘‘b,’’ not surance companies to charge as much care. That is totally fallacious. First, million—out of Medicare. What does as $300 for preventive services. One of the nonpartisan economists have cer- that mean? Who does that hurt? Well, 1 the key elements we put in tified that ObamaCare strengthens the out of every 2 Americans with a dis- ObamaCare: 86 million Americans re- Medicare Program and extends its sol- ability uses Medicaid. That is who is ceived at least one free preventive vency by 8 years. What President hurt. Services in the Medicaid Program service last year, and more this year. Obama did—as the Senator from Cali- allow our citizens with disabilities to Almost 1 million Iowans received one fornia previously pointed out—was live with dignity and purpose in their free preventive service in 2011. That make the program more efficient and homes and in their communities. Three means they got preventive care so they save money on wasteful overpayments million seniors and people with disabil- don’t get sicker and cost us more to private insurance companies and ities use the program to avoid having money. Again, the Ryan budget would cracking down on fraud. to go into a nursing home. allow people to deny you coverage or What Mr. RYAN won’t tell us is that How about Medicaid for middle-class increase your premiums if you have a the very reforms President Obama has families? We always think that Med- preexisting condition. in our Affordable Care Act are the icaid is just for people with disabilities This protection means a lot to this same he has in his Ryan budget plan. or just for poor people. How about person right here. This is Eleanor What he doesn’t tell us is that while Americans in the middle class? How Pierce from Cedar Falls, IA. I spoke President Obama takes those savings about American middle-class families? about her before. She was denied and puts them back into Medicare, Mr. There are hundreds of thousands of health insurance when she lost her job RYAN takes those savings—yes, you American families who have children because of her preexisting condition of guessed it—and puts them into more with lifelong disabilities such as high blood pressure. Without coverage tax breaks for the wealthy.

VerDate Mar 15 2010 03:49 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.051 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6044 CONGRESSIONAL RECORD — SENATE September 10, 2012 By repealing the Affordable Care Act, person wins the lottery, they are OK, was surprised, in a way, because I the Ryan plan would again put Ameri- they have it made; if a person doesn’t thought that although the Simpson- cans at the mercy of insurance compa- win, then tough luck, sucker, they are Bowles plan had its shortcomings— nies and deprive more than 30 million on their own. That is not the America things I disagreed with and said so—it people of affordable coverage. our parents fought for in World War II was a dramatic step forward to try to I was just going to get the chart for or Korea or Vietnam; it is not the kind deal with our deficit in a fair fashion. my own State of Iowa. I had one here of America Martin Luther King, Jr., JEB HENSARLING of Texas was an- on Iowa I wanted to point out, because marched for and died for. It is not the other Republican Congressman, along I am obviously very interested in my kind of America we want to see for our with DAVE CAMP of Michigan, the chair seniors in Iowa. This chart shows that kids and our grandkids. of the House Finance Committee, and the Ryan plan means almost 440,000 We have a choice. The choice is clear. Congressman PAUL RYAN, who all voted Iowa seniors would be forced onto Let’s move forward. no. vouchers when they retire. We have to I yield the floor, and I note the ab- I was surprised that at the Repub- get those vouchers, right? Sixty thou- sence of a quorum. lican convention in Tampa, FL, Con- sand Iowa seniors would be forced back The PRESIDING OFFICER (Mr. gressman RYAN, the Republican Vice into the prescription drug doughnut MERKLEY). The clerk will call the roll. Presidential nominee, criticized Presi- hole. The doughnut hole would open The assistant bill clerk proceeded to dent Obama over the Simpson-Bowles again. Four hundred thousand Iowa call the roll. Commission report, saying he had worked hard to implement. I thought seniors would pay more for preventive Mr. DURBIN. Mr. President, I ask that was a curious position for Con- services this year. unanimous consent that the order for I can tell my colleagues our seniors the quorum call be rescinded. gressman RYAN to take, because he had in Iowa are flocking to get their pre- The PRESIDING OFFICER. Without voted against it. Now he was criticizing ventive health care services. They objection, it is so ordered. President Obama for not working hard know an ounce of prevention is worth a Mr. DURBIN. Mr. President, most enough on the commission report. But I came to understand that a little more pound of cure. But before those preven- commissions appointed in Wash- when I took a closer look at Congress- tive services cost money. Now they get ington—at least in my experience— man PAUL RYAN’s budget plan for them free. It is going to make their hardly make a ripple, people hardly no- tice them. After a lot of hard work, a America. lives better and save us a lot of money. Before he was chosen to run as Gov- ObamaCare decreases the deficit by report is published and that is about it. ernor Romney’s running mate, 5PAUL almost $110 billion over the first 10 Some historian at a later date may RYAN, the Congressman and chairman years and more than $1 trillion in the look at the work they have done and of the House Budget Committee, issued next decade. Mr. Romney and Mr. RYAN the research they have done and that is his vision of what America should be won’t tell us that, but it is true. It re- about it, that is the extent of it. doing over the next several years. One duces the deficit. It insures more than There are a few exceptions. I was for- of the most controversial sections re- 94 percent of all Americans. Over 94 tunate enough almost 2 years ago to be lates to Medicare. Medicare, of course, appointed to one of those exceptions percent of all Americans will have that is the insurance policy for the elderly and that was President Obama’s deficit coverage. and many disabled in our country. It is The bottom line is very simple, and I reduction commission, the Simpson- a lifeline for 40 million-plus Americans. will be talking about this in the days Bowles Commission. I was appointed It means even in their old age they will ahead. President Obama will protect because I am a member of the Appro- have good protection for health insur- Medicare, will protect health care not priations Committee and Senator REID ance because they have paid into it only for our seniors but for young peo- said we should have someone from Fi- during all of their working years. PAUL ple, for middle-class Americans and, nance, Appropriations, and Budget. I RYAN observed that the Medicare Pro- yes, for those at the bottom rung of the took the assignment of one of the three gram would come to an end if it ladder who need Medicaid to sustain Democratic Senators. There were three weren’t changed. We know it has about them and to give them quality health Republican Senators, three Republican 12 years of solvency left and change care. The Ryan budget rolls back all of House Members, three Democratic will be needed. His proposal, though, this. So, again, we are faced with this House Members, and an additional six would do more than change Medicare; choice: the Ryan budget or what Presi- public members. The public members it would end it as we know it. The dent Obama has come forward with in consisted of a number of people, includ- RYAN approach would create vouch- his budget and with his ObamaCare to ing Alice Rivlin, respected in Wash- ers—coupons—for senior citizens to make sure America remains a good ington, as well as a number of business buy health insurance. It would force middle-class country where people on and community leaders. them to pay more out of pocket for the bottom, at the lowest rung of the We met for about a year and consid- Medicare. According to the CBO—the ladder, can get into that middle class; ered the budget deficit and all of the Congressional Budget Office—the Rom- where the middle class knows they can Federal spending and came to know ney-Ryan plan would force Medicare leave a job and go to another job and one another a little bit during that pe- beneficiaries to pay up to $1,200 more not lose their health care plan; where riod of time. One of the members of by 2030 and almost $6,000 by 2050. That someone can start a small business and that commission was PAUL RYAN, a is about $500 a month, ultimately. know they will have health care cov- Congressman from Janesville, WI, just Congressman RYAN said seniors could erage for themselves and the one or over the border from my State of Illi- choose to stay in traditional Medicare two or three or four or five workers nois. I knew Paul before and got to or they could basically go into a pri- who work for them or small businesses know him a little better during the vate health insurance market. A senior now can become more competitive with course of that commission. He is a very who is both healthy and wealthy would the big businesses in America. bright person. We have some common have an option. Those not so healthy or I think it is safe to say that if only friends in the Janesville area, and I wealthy would find the only option tra- the American people will study the know he worked with Senator Fein- ditional Medicare, and more and more Ryan budget, the blueprint, they will gold, a Democrat from Wisconsin, on people with a history of illness would find that this is where they want to some issues before. be forced into traditional Medicare, take you and me and all of America— What surprised me at the end of the making it a very expensive insurance back to an America that our parents day was despite his obvious training program and difficult to maintain. moved beyond; where our parents said, and knowledge on the budget deficit, The PAUL RYAN voucher plan puts no, we are going to move forward; when it came time for a vote on this bi- Medicare in competition with private where we have buttressed ourselves in partisan deficit commission report, all insurance companies and, as I said, our own lifetimes, in moving America three House Republican Members, in- many seniors would find that the com- forward to a country where we truly cluding Congressman PAUL RYAN, petition wouldn’t want them and they are all in this together; where we are voted no. I voted yes. Two out of the would be stuck with traditional Medi- not just a lottery country in which if a three Democratic Senators voted yes. I care, much different than it is today.

VerDate Mar 15 2010 03:49 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.052 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6045 Medicare would be taking care of the convalescent centers. They do not have would do? It would reduce the number seniors whose care costs more, so Medi- anyplace to turn. So Medicaid is a crit- of providers, which makes it more dif- care premiums would increase. As they ical insurance program for some of the ficult. go up and seniors begin to leave Medi- most vulnerable people in America. Just to give you an example, in the care, it causes premiums to rise fur- Many seniors and disabled people on Quad Cities in Illinois, there is a great Medicare also receive State Medicaid. ther, which would cripple the program. clinic put together by a friend of mine The PAUL RYAN program eliminates The ‘‘dual-eligibles’’ they are called. in the Hispanic section of Moline. They all the consumer protections in the Af- That is 15 percent of Medicaid enroll- provide basic, basic primary health fordable Care Act, putting insurance ees, but 39 percent of Medicaid spend- care. If you need a specialist, you are companies back in the driver’s seat. I ing—low-income elderly people who referred, with at least an hour-and-a- don’t think most Americans believes have no place else to turn. half drive, to Peoria or with an almost that is a good place to be, at the mercy So when PAUL RYAN, in his budget, 3-hour drive to Chicago. Remember, of an insurance company, an adjuster suggests he is going to cut back on these are the poorest people living in who will decide what they are covering Medicaid payments each year, giving a our towns. Do they make it to the spe- and how much one will pay. smaller amount of money to States, Young adults would no longer stay on saying: Make do, who is at risk? Chil- cialist? Usually not. The PAUL RYAN their parents’ insurance plan under the dren: one out of three in Illinois is on approach, reducing the amount of Romney-Ryan proposal to eliminate Medicaid; moms having babies: over money that is paid to providers, would ObamaCare. People with preexisting half of the moms having babies in our mean even fewer specialists would be conditions would be denied coverage— State; and the elderly folks who have willing to help those who are poor. going back to the conversation I had no place to turn. But the thing that troubles me the earlier, my dialog with Senator HARKIN Think about what that means. A most about Congressman RYAN is—at on the floor. Families would once again child without basic health insurance, least in his budget views and his deficit face lifetime limits on coverage, and Medicaid, in my State or anywhere, is views—as he talks a good game about seniors would be forced back into the less likely to have a doctor, immuniza- reducing the deficit and voted against doughnut hole, meaning paying more tions when needed, and an office visit the Simpson-Bowles Commission re- out-of-pocket expenses for their Medi- to avoid a trip to an emergency room. port, he comes up with a budget that care prescription drugs. A mother without prenatal care is, un- he produces in the House and says he I don’t think this is a good plan for fortunately, more likely to give birth and Governor Romney are going to pro- America and I don’t think Americans, to a child with a problem. And we do tect the Bush tax cuts for the wealthi- once they hear the details, are going to not want to see that for the sake of the est people in America and increase de- like it. child first, certainly for the mom, for fense spending. This does not work. It The ObamaCare program has already the family, or for taxpayers, for good- does not add up. It does not pass what helped a lot of people. A report today ness’ sake. There is no money saved by President Clinton called the arithmetic said there was a 16-percent increase in scrimping on Medicare for new moms. test. You cannot increase tax cuts and coverage of younger Americans because The Ryan plan would force that kind of increase spending on defense without, of ObamaCare. These are younger scrimping. as President Clinton said, digging the Americans up to the age of 26 who now The Ryan plan converts Medicaid hole deeper and deeper. can stay on their family plans. And 1.6 into a block grant and cuts Federal So they sound pretty good when they million Americans have been added funding for the program by 34 percent give the speeches about fiscal conserv- into coverage under their parents’ plan over the next 10 years—34 percent. atism and that we have to be serious So I would ask Congressman RYAN: because of this change in the law. about the deficit, but their proposals Now, those who say ‘‘I will repeal Which of those groups do you want to just do not match. The idea of lowering ObamaCare’’ would repeal that protec- cut back on in terms of coverage? Ac- tax rates, as they proposed, even below tion, forcing 1.6 million young people, cording to CBO, cuts at the level the the Bush tax cuts—they said: Well, we without jobs or coverage, out of the Ryan plan calls for would mean States will use tax reform to get to it. The es- protection they have today. I cannot would have to reduce eligibility for timates suggest that the middle-in- imagine 125,000 young adults in Illinois Medicaid and children’s health insur- come families will end up losing in who have benefited from ObamaCare ance or cover fewer services. that. As a result of tax reform as pro- would believe that is a good idea, nor I might add—I am sure it is true in posed by Romney-Ryan, they think would their families. the State of Oregon; it is certainly true middle-income families face a higher Since the Affordable Care Act was in Illinois—one of the most critical tax of $2,000 a year to protect tax cuts signed into law, Medicare beneficiaries areas of medical need is dental care. I for the wealthiest people. That cer- in Illinois have saved over $171 million talk to doctors every time I go back tainly is not a positive thing in terms on their prescription drugs. home in emergency rooms at hospitals of deficit reduction or helping a lot of There was a discussion earlier about who have people coming in to see them working families living paycheck to the Medicaid Program. Medicaid is an in pain because of problems with their paycheck. important program in Illinois and most teeth, and they end up getting pain States. I asked Julie Hamos, who ad- medication but nothing is taken care We have debated Congressman ministers our program in Illinois, to of. RYAN’s plan for 2 years now. The only explain it in a few words. Here is what So when we talk about restricting people who seem to like it are some she said: One out of three children in care, as PAUL RYAN has suggested in Republicans serving in Congress. The Illinois is covered by Medicaid. That is his budget, I have to tell you, I think it majority of Americans would oppose their health insurance—one out of is extremely shortsighted. A tooth the Paul Ryan budget plan to end three. In Illinois, Medicaid pays for 52 ache can turn into a life-threatening Medicare as we know it. The majority percent of the births; that is, prenatal situation for some people, not to men- of Americans certainly oppose his idea care and the delivery of the child—52 tion the pain and discomfort they are of raising taxes on middle-income fam- percent paid for by Medicaid. But those going through. So if anything, we ilies to pay for tax breaks for the two things—child coverage and cov- ought to review basic Medicaid services wealthiest. Congressman RYAN has had erage for new moms and their babies— to expand at least into dental care. I his chance to make his case to the do not even represent half the cost of would support that. I think it is ex- American people for his view of where Medicaid in Illinois. tremely shortsighted for us not to in- we are going, and it will not work. I Sixty percent of the cost of Medicaid clude it. wish he had joined us in the bipartisan in Illinois is for the elderly and dis- This Paul Ryan budget would not ex- effort of Simpson-Bowles. His vote in abled, many of whom are completely pand Medicaid. It would cut it back favor of that would have given him out of luck and out of money. They live dramatically. States would lower pay- more credibility and maybe a better on Social Security, Medicare, and Med- ments to doctors and nurses by one- understanding of the reality of budget icaid. They are in nursing homes and third. Can you imagine what that deficit reduction.

VerDate Mar 15 2010 03:49 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.054 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6046 CONGRESSIONAL RECORD — SENATE September 10, 2012 FISCAL RESPONSIBILITY cuts would be—because they would be Let me be clear: the health reform Mrs. FEINSTEIN. Mr. President, I so painful to so many Americans. law extended the life of Medicare by 8 rise today to speak about the budget Medicare in particular would be sav- years. In addition to forcing seniors to proposed by Congressman PAUL RYAN, aged by the Ryan budget. pay more for services, the Ryan budget which has been approved twice by the Beginning in 2023, his budget ends the would place the Medicare Trust Fund House of Representatives. traditional guaranteed benefits struc- on a track for insolvency by 2016. The Ryan budget, which is purported ture of Medicare, instead offering Medicaid is another big loss in the to be a measure of fiscal responsibility, vouchers to purchase either a private Ryan budget. He would change Med- is in fact an attempt to rewrite the so- health insurance plan or traditional icaid from a State-Federal match pro- cial contract in this country while at Medicare. gram to a block grant program, includ- the same time adding to the national According to the Congressional Budg- ing dangerous funding caps. Millions debt. et Office, that means new Medicare more of the most at-risk Americans Let me explain. There are four major beneficiaries would pay $1,200 more out would become uninsured or under- components of the Ryan budget. of pocket by 2030 and $5,900 more by insured because of this budget. The first is another round of tax cuts 2050. Experts say the Ryan budget Medicaid spending would be slashed for the wealthy. According to the non- would also likely lead to reduced ac- by $810 billion over 10 years, a 22 per- partisan Tax Policy Center, the Ryan cess to health care and diminished cent cut. tax plan would add an additional $4.5 quality of care for beneficiaries. This would jeopardize health care for trillion to the Nation’s debt. That is on Essentially, seniors would be forced nearly 7.3 million Medi-Cal bene- top of the staggering cost of the Bush to purchase more expensive care with ficiaries in California, many of whom tax cuts. less. would see reduced eligibility, coverage Second, the Ryan budget would vir- Consider that in 2010, half of all of fewer services and increased out-of- tually eliminate spending on domestic Medicare beneficiaries had incomes of pocket expenses. programs, imposing debilitating fund- less than $21,000 and you can see why Low-income pregnant women who de- ing cuts for education, air quality, this proposal is so dangerous. pend on Medicaid could be dropped roads, bridges, railways, national The Center for American Progress es- from the program, a threat to health of parks, first responder programs and a timates that if the Ryan budget were both mother and baby. host of other vital national interests. to pass, someone who is 54 years old Let me be candid: The Ryan budget is Third, this budget ends Medicare as today would face increased costs of just another salvo in the war against we know it and converts Medicaid into $59,450 during retirement. Someone the middle class and working poor. a block-grant program with capped who is 29 years old today would spend It would mean more tax cuts for the funds. The Ryan budget endangers our $331,000 more over the course of their wealthy at the expense of investments two most vital sources of health care retirement. in our future, it would lead to greater services for seniors, the poor and those I would also note that the Ryan numbers of uninsured and it would de- with disabilities. budget includes $700 billion in Medicare molish some of the most vital safety Finally, the budget repeals the savings the exact same amount that net programs in the Nation. health reform law, reducing the sol- was included in the health reform law Let’s set aside the politics and get to vency of Medicare and eliminating he seeks to repeal. work on real solutions for the country. critical consumer protections. The difference is that rather than ap- f The tax proposal in the Ryan budget plying those savings to lower costs and MORNING BUSINESS is especially troubling. According to increased benefits for seniors, the Ryan the Tax Policy Center, the Ryan budg- budget diverts those savings to even Mr. DURBIN. Mr. President, I ask et would mean a tax windfall of $265,000 more tax breaks for millionaires and unanimous consent that the Senate a year for millionaires. billionaires. proceed to a period of morning busi- At the same time, the middle class Speaking of Congressman RYAN’s de- ness, with Senators permitted to speak and working poor would see few if any sire to repeal health reform—his efforts therein for up to 10 minutes each. benefits. to unwind that law, which has been The PRESIDING OFFICER. Without The Ryan tax plan is very similar to upheld by the Supreme Court, would objection, it is so ordered. that of Mitt Romney. Both plans would add tens of millions of Americans to f substantially reduce tax rates on the the ranks of the uninsured, it would RECOGNIZING THE CONGRES- wealthy, and both are supposedly paid eliminate critical consumer protec- SIONAL MANAGEMENT FOUNDA- for by closing unspecified tax loop- tions, and it would hasten the insol- TION holes. vency of Medicare by 8 years. The Tax Policy Center has already House Republicans want to put insur- Mr. REID. Mr. President, I stand be- analyzed Mitt Romney’s plan. In order ance companies back in the driver’s fore you today to congratulate the to substantially lower tax rates and re- seat, able to charge higher rates based Congressional Management Foundation main revenue neutral, the Romney on gender and deny coverage to people on its 35th anniversary of service to plan would have to eliminate so many with preexisting conditions. They Capitol Hill. Founded in 1977, CMF is a tax credits and deductions that it would remove protections that guar- non-profit, nonpartisan organization would actually raise taxes on the mid- antee children the right to health in- dedicated to improving management dle class. surance. practices within the Halls of Congress, To make matters worse, the Ryan American families would again be at as well as facilitating better commu- budget does not stand up to scrutiny. risk for bankruptcy because of costly nication between legislators and their This is a question of basic arithmetic. illnesses like cancer. More than 12 mil- constituents. By improving congres- How do you reduce the national debt lion Californians would once again face sional operations, providing institu- while at the same time handing mas- lifetime limits on their health cov- tional research, and educating Ameri- sive tax cuts to the wealthy? Congress- erage. cans on how Congress actually works, man RYAN already took one option off The budget would reopen the pre- the Congressional Management Foun- the table—reducing the Defense De- scription drug ‘‘doughnut hole,’’ forc- dation has been a valuable contributor partment budget. In fact, his budget ing 5.2 million seniors to once again dip to building trust and effectiveness in proposes to spend even more money on into their pockets to cover the full cost Congress. defense, money the Pentagon does not of prescription drugs. The Congressional Management even want. In California, 3.4 million seniors Foundation strives to help legislators That leaves deeper cuts to domestic would be forced to pay more for preven- get off on the right foot even before programs and entitlement spending as tive services, such as cancer screenings they are sworn into office. Within 5 the only remaining options. And it is and mammograms, meaning fewer sen- days after election day, all incoming important to note that Congressman iors would have access to these serv- freshmen receive a copy of ‘‘Setting RYAN refuses to specify what those ices. Course’’ and ‘‘The 90-Day Road Map’’—

VerDate Mar 15 2010 04:24 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.043 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6047 two experience-driven publications pro- for setting up the new organization. He informed of the rulemaking activities of fed- duced by CMF that provide new House helped draft the organization’s stra- eral agencies and provides that before a rule Members, Senators, and their staff a tegic platform and goals, while ensur- can take effect, the agency must submit the rule to each House of Congress and the detailed outline for setting up and run- ing that operations continued on Comptroller General. For the reasons dis- ning an effective office. ‘‘Keeping it schedule. cussed below, we conclude that the July 12, Local’’ stresses the importance of Steve was also actively engaged in 2012 Information Memorandum is a rule maintaining a strong presence in dis- building partnerships with the private under the CRA. Therefore, it must be sub- trict offices and the value of effective sector. Because of his business rela- mitted to Congress and the Comptroller Gen- constituent outreach and interaction tionships in the tourism industry, eral before taking effect. at the local level. These publications Steve received many large commit- BACKGROUND are time-tested, indispensable re- ments and contributions from compa- The Temporary Assistance for Needy Fam- sources that provide our leaders with nies in Nevada and across the Nation. ilies block grant, administered by the U.S. the appropriate tools they need to With a slate of committed partners Department of Health and Human Services, provides federal funding to states for both overcome the challenges of lawmaking from Marriott to Best Western to Dis- traditional welfare cash assistance as well as on the national stage. ney, Brand USA will raise more than a variety of other benefits and services to In the past decade, CMF has adapted $50 million from the private sector this meet the needs of low-income families and its mission to keep up with the rapid year alone. children. While states have some flexibility introduction of new technology on Cap- Under the direction of Steve and the in implementing and administering their itol Hill. Recently CMF has offered board, Brand USA unveiled their new state TANF programs, there are numerous guidance on how to design effective and advertising campaign. Featuring a federal requirements and guidelines that accessible Web sites, culminating in song by Rosanne Cash, these ads show- states must meet. For example, under sec- CMF’s Gold Mouse Awards for the best tion 402 of the Social Security Act, in order case America as a ‘‘Land of Dreams’’ to be eligible to receive TANF funds, a state congressional Web sites. CMF has where anything is possible. These ad- must submit to HHS a written plan out- helped Senators significantly improve vertisements, which have been running lining, among other things, how it will im- their online operations, resulting in in nine key international markets, plement various aspects of its TANF pro- more transparency and accountability have created a strong brand identity gram. More specifically, under section in government. Because of CMF’s re- for the United States abroad. 402(a)(1)(A)(iii) of the Social Security Act, search and guidance in Web sites and Today, we can already see that Brand the written plan must outline how the state online communications, Americans USA is making a difference. So far this will ensure that TANF recipients engage in have a better understanding of the work activities. Under section 407 of the So- year, international visitation to the cial Security Act, states must also ensure Congress and better access to nec- U.S. has increased 12 percent and we that a specified percentage of their TANF re- essary services. are heading for a record-setting year. cipients engage in work activities as defined Finally, I wish to congratulate CMF And most importantly, during these by federal law. on focusing on improving the Congress hard economic times, travel promotion In its July 12 Information Memorandum, in a nonpartisan way. There are only a is creating new, good-paying jobs as we HHS notified states of HHS’ willingness to few places left in Washington where welcome millions of new visitors to our exercise its waiver authority under section those of us who are in public service 1115 of the Social Security Act. Under sec- Nation’s world-class cities, national tion 1115, HHS has the authority to waive can gather and truly engage in problem parks, and tourist attractions. compliance with the requirements of section solving. I congratulate the Congres- Under Chairman Cloobeck’s leader- 402 in the case of experimental, pilot, or sional Management Foundation on ship, Brand USA has been a tremen- demonstration projects which the Secretary more than three decades of outstanding dous success for our Nation and the determines are likely to assist in promoting work and wish them success in all of travel industry. His enthusiasm and the objectives of TANF. In its Information their future endeavors. dedication have ensured that Brand Memorandum, HHS asserted that it has the authority to waive the requirement in sec- f USA is well positioned for the future. I tion 402(a)(1)(A)(iii) and authorize states to TRIBUTE TO STEPHEN J. am confident that Brand USA will be a ‘‘test approaches and methods other than CLOOBECK critical asset to American tourism for those set forth in section 407,’’ including years to come, and I am proud to join definitions of work activities and the cal- Mr. REID. Mr President, I rise to everyone at Brand USA and the travel culation of participation rates. HHS in- honor my friend Steve Cloobeck of Las industry in thanking Steve for his im- formed states that it would use this waiver Vegas, the chairman of the board for portant contributions. authority to allow states to test various Brand USA. This month, Steve will strategies, policies, and procedures designed step down from the board after 2 years f to improve employment outcomes for needy of working tirelessly to build Brand TANF families. The Information Memorandum sets USA from the ground up. forth requirements that must be met for a Over the past decades, the United Mr. HATCH. Mr. President, I ask waiver request to be considered by HHS, in- States lost valuable tourism dollars as unanimous consent to have printed in cluding an evaluation plan, a set of perform- the RECORD the GAO opinion letter ance measures that states will track to mon- international visitors traveled to other itor ongoing performance and outcomes, and destinations instead of the U.S. In dated September 4, 2012, and the TANF Information Memorandum dated July a budget including the costs of program eval- part, the United States lost market uation. In addition, the Information Memo- share because we failed to promote 12, 2012. randum provides that states must seek pub- tourism, while other countries invested There being no objection, the mate- lic input on the proposal prior to approval by in tourism promotion. To encourage rial was ordered to be printed in the HHS. tourists to visit the U.S., I worked for RECORD, as follows: ANALYSIS the passage of the Travel Promotion U.S. GOVERNMENT The definition of ‘‘rule’’ in the CRA incor- Act. This bipartisan legislation estab- ACCOUNTABILITY OFFICE, porates by reference the definition of ‘‘rule’’ Washington, DC, September 4, 2012. lished the first-ever United States pub- in the Administrative Procedure Act (APA), Hon. ORRIN HATCH, with some exceptions. Therefore, our anal- lic-private initiative to promote tour- Ranking Member, Committee on Finance, U.S. ysis of whether the July 12 Information ism. The new organization would help Senate. Memorandum is a rule under the CRA in- attract millions of international visi- Hon. DAVE CAMP, volves determining whether it is rule under tors by advertising our Nation Chairman, Committee on Ways and Means, the APA and whether it falls within any of abroad—all at no cost to the taxpayers. House of Representatives. the exceptions contained in the CRA. The If this new organization, Brand USA, By letter of July 31, 2012, you asked wheth- APA defines a rule as follows: was going to be successful, it would er an Information Memorandum issued by ‘‘[T]he whole or a part of an agency state- need a strong leader with a bold vision the Department of Health and Human Serv- ment of general or particular applicability ices (HHS) on July 12, 2012 concerning the and future effect designed to implement, in- to promote tourism. Fortunately, we Temporary Assistance for Needy Families terpret, or prescribe law or policy or describ- found that leader in Steve Cloobeck. (TANF) program constitutes a rule for the ing the organization, procedure, or practice From the moment he joined the board, purposes of the Congressional Review Act requirements of an agency and includes the Steve established aggressive timelines (CRA). The CRA is intended to keep Congress approval or prescription for the future of

VerDate Mar 15 2010 04:40 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.008 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6048 CONGRESSIONAL RECORD — SENATE September 10, 2012 rates, wages, corporate or financial struc- roll children with family incomes exceeding support for this position. The definition of tures or reorganizations thereof, prices, fa- 250 percent of the federal poverty level in ‘‘rule’’ is expansive and specifically includes cilities, appliances, services or allowances their SCHIP programs, as well as all states documents that implement or interpret law therefor or of valuations, costs, or account- that had already enrolled such children. or policy. This is exactly what the HHS In- ing, or practices bearing on any of the Similarly, the July 12 Information Memo- formation Memorandum does. It interprets foregoing[.]’’ randum is of general, rather than particular, section 402(a) and section 1115 to permit This definition of a rule has been said to applicability because it extends to all states waivers for a demonstration program HHS is include ‘‘nearly every statement an agency administering Temporary Assistance for initiating. We have held that agency guid- may make.’’ Needy Families (TANF) programs that seek ance, including guidance characterized as The CRA identifies 3 exceptions from its a waiver for a demonstration project. non-binding, constitutes a rule under the definition of a rule: (1) any rule of particular Next we must determine whether the ac- CRA. See B–281575, cited above. In addition, applicability; (2) any rule relating to agency tion is prospective in nature, that is, wheth- the legislative history of the CRA specifi- management or personnel; or (3) any rule of er it is concerned with policy considerations cally includes guidance documents as an ex- agency organization, procedure, or practice for the future and not with the evaluation of ample of an agency pronouncement subject that does not substantially affect the rights past conduct. In B–316048, we held that the to the CRA. A joint statement for the record or obligations of non-agency parties. 5 U.S.C. SCHIP letter was intended to clarify and ex- by Senators Nickles, Reid, and Stevens, sub- 804(3). plain the manner in which CMS applies stat- mitted to the Congressional Record upon en- The definition of a rule under the CRA is utory and regulatory requirements to states actment of the CRA, details four categories very broad. See B–287557, May 14, 2001 (Con- that wanted to extend coverage under the of rules covered by the definition in section gress intended that the CRA should be broad- SCHIP programs. Similarly, the July 12 In- 551. These categories include formal rule- ly interpreted both as to type and scope of formation Memorandum is concerned with making under sections 556 and 557, notice- rules covered). The CRA borrows the defini- authorizing demonstration projects in the and-comment rulemaking under section 553, tion of a rule from 5 U.S.C. § 551, as opposed future, rather than the evaluation of past or statements of general policy and interpreta- to the more narrow definition of legislative present demonstration projects. Specifically, tions of general applicability under section rules requiring notice and comment con- the Information Memorandum informs 552, and ‘‘a body of materials that fall within tained in 5 U.S.C. § 553. As a result, agency states that HHS will use its statutory au- the APA definition of a ‘rule’ . . . but that pronouncements may be rules within the def- thority to consider waiver requests, and sets meet none of procedural specifications of the inition of 5 U.S.C. § 551, and the CRA, even if out requirements that waiver requests must first three classes. These include guidance they are not subject to notice and comment meet. Accordingly, it is designed to imple- documents and the like.’’ Finally, while HHS rulemaking requirements under section 553. ment, interpret, or prescribe law or policy. may have informally notified the cited Con- See B–316048, April 17, 2008 (the breadth of In addition, the Information Memorandum gressional committees of the issuance of the the term ‘‘rule’’ reaches agency pronounce- does not fall within any of the three exclu- Information Memorandum, informal notifi- ments beyond those that require notice and sions for a rule under the CRA. As discussed cation does not meet the reporting require- comment rulemaking) and B–287557, cited above, the Information Memorandum applies ments of the CRA. above. In addition to the plain language of to all states that administer TANF pro- CONCLUSION the CRA, the legislative history confirms grams, and therefore is of general applica- that it is intended to include within its pur- bility, rather than particular applicability. We find that the July 12 Information view almost all rules that an agency issues The Information Memorandum applies to the Memorandum issued by HHS is a statement and not only those rules that must be pro- states, and does not relate to agency man- of general applicability and future effect, de- mulgated according to the notice and com- agement or personnel. Finally, the Informa- signed to implement, interpret, or prescribe ment requirements in section 553 of the APA. tion Memorandum sets out the criteria by law or policy with regard to TANF. Further- In his floor statement during final consider- which states may apply for waivers from cer- more, it does not come within any of the ex- ation of the bill, Representative McIntosh, a tain requirements of the TANF program. ceptions to the definition of rule contained principal sponsor of the legislation, empha- These criteria affect the obligations of the in the CRA. Accordingly, the Information sized this point: states, which are non-agency parties. Memorandum is a rule under the Congres- ‘‘Although agency interpretive rules, gen- GAO has consistently emphasized the sional Review Act. eral statements of policy, guideline docu- broad scope of the definition of ‘‘rule’’ in the We note that this opinion is limited to the ments, and agency policy and procedure CRA in determining the applicability of the issue of whether the Information Memo- manuals may not be subject to the notice CRA to an agency document. Other docu- randum is a rule under the CRA. We are not and comment provisions of section 553(c) of ments deemed to be rules include letters, expressing an opinion on the applicability of title 5, United States Code, these types of records of decision, booklets, interim guid- any other legal requirements, including, but documents are covered under the congres- ance, and memoranda. See, for example, B– not limited to, notice and comment rule- sional review provisions of the new chapter 8 316048, April 17, 2008 (a letter released by the making requirements under the APA, or of title 5. Centers for Medicare & Medicaid Services of whether the Information Memorandum Under section 801(a), covered rules, with HHS concerning a State Children’s Health would be a valid exercise or interpretation of very few exceptions, may not go into effect Insurance Program measure, to ensure that statutes or regulations. until the relevant agency submits a copy of coverage under a state plan does not sub- Accordingly, given our conclusions above, the rule and an accompanying report to both stitute for coverage under group health and in accordance with the provisions of 5 Houses of Congress. Interpretive rules, gen- plans, described by the agency as a general U.S.C. 801(a)(1), the Information Memo- eral statements of policy, and analogous statement of policy, was a rule) and B–287557, randum is subject to the requirement that it agency policy guidelines are covered without May 14, 2001 (a ‘‘record of decision’’ issued by be submitted to both Houses of Congress and qualification because they meet the defini- the Fish and Wildlife Service of the Depart- the Comptroller General before it can take tion of a ‘rule’ borrowed from section 551 of ment of Interior in connection with a federal effect. If you have any questions concerning this title 5, and are not excluded from the defini- irrigation project was a rule). tion of a rule.’’ Finally, the cases where we have found opinion, please contact Edda Emmanuelli On its face, the July 12 Information Memo- that an agency pronouncement was not a Perez, Managing Associate General Counsel. randum falls within the definition of a rule rule involved facts that are clearly distin- LYNN H. GIBSON, under the APA definition incorporated into guishable from the July 12 Information General Counsel. the CRA. First, consistent with our prior de- Memorandum. cisions, we look to the scope of the agency’s We requested the views of the General TEMPORARY ASSISTANCE FOR NEEDY FAMILIES action to determine whether it is a general Counsel of HHS on whether the July 12 Infor- INFORMATION MEMORANDUM statement of policy or an interpretation of mation Memorandum is a rule for purposes U.S. Department of Health and Human Serv- law of general applicability. That determina- of the CRA by letter dated August 3, 2012. ices, Administration for Children and Fam- tion does not require a finding that it has HHS responded on August 31, 2012, stating ilies, Office of Family Assistance, Wash- general applicability to the population as a that the Information Memorandum was ington, DC. whole; instead, all that is required is that it issued as a non-binding guidance document, Transmittal No. TANF–ACF–IM–2012–03, July has general applicability within its intended and that HHS contends that guidance docu- 12, 2012 range. See B–287557, cited above (a record of ments do not need to be submitted pursuant To: States administering the Temporary decision affecting the issues of water flow in to the CRA. Furthermore, HHS notes that it Assistance for Needy Families (TANF) Pro- two rivers was a general statement of policy informally notified Congress by providing gram and other interested parties with general applicability within its in- notice to the Majority and Minority staff Subject: Guidance concerning waiver and tended range). Applying these principles, we members of the House Ways and Means Com- expenditure authority under Section 1115 have held that a letter released by the Cen- mittee and Senate Finance Committee on Reference: Section 1115 of the Social Secu- ters for Medicare and Medicaid Services to the day the Information Memorandum was rity Act. [42 U.S.C. 1315]; Section 402 of the state health officials concerning the State issued. Social Security Act. [42 U.S.C. 602] Children’s Health Insurance Program We cannot agree with HHS’s conclusion Background: Section 1115 of the Social Se- (SCHIP) was of general applicability because that guidance documents are not rules for curity Act provides authority for the Sec- it extended to all states that sought to en- the purposes of the CRA and HHS cites no retary of the Department of Health and

VerDate Mar 15 2010 04:43 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.037 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6049 Human Services (HHS) to consider and ap- ties and engagement, specified limitations, cation systems to test multi-year career prove experimental, pilot, or demonstration verification procedures, and the calculation pathways models for TANF recipients that projects which, in the Secretary’s judgment, of participation rates. As described below, combine learning and work. are likely to assist in promoting the objec- however, HHS will only consider approving Projects that demonstrate strategies for tives of Title IV-A. Section 1115 allows for waivers relating to the work participation more effectively serving individuals with dis- waiver of compliance with section 402 of the requirements that make changes intended to abilities, along with an alternative approach Social Security Act to the extent and for the lead to more effective means of meeting the to measuring participation and outcomes for period necessary to enable a state to carry work goals of TANF. individuals with disabilities. out an approved project. The statute also Moreover, HHS is committed to ensuring Projects that test the impact of a com- provides authority for costs of such projects that any demonstration projects approved prehensive universal engagement system in which would not otherwise be an allowable under this authority will be focused on im- lieu of certain participation rate require- use of funds under Part A of Title IV to be proving employment outcomes and contrib- ments. regarded as an allowable use of funds, to the uting to the evidence base for effective pro- Projects that test systematically extend- extent and for the period approved. grams; therefore, terms and conditions will ing the period in which vocational edu- As specified in statute, the purpose of Part require a federally-approved evaluation plan cational training or job search/readiness pro- A is to increase the flexibility of states in designed to build our knowledge base. TANF grams count toward participation rates, ei- operating a program designed to: (1) provide funds may be used to fund an approved eval- ther generally or for particular subgroups, assistance to needy families so that children uation and state funds spent on an approved such as an extended training period for those may be cared for in their own homes or in evaluation may be considered state mainte- pursuing a credential. The purpose of such a the homes of relatives; (2) end the depend- nance-of-effort (MOE) expenditures. In addi- waiver would be to determine through eval- ence of needy parents on government bene- tion, terms and conditions will require either uation whether a program that allows for fits by promoting job preparation, work, and interim targets for each performance meas- longer periods in certain activities improves marriage; (3) prevent and reduce the inci- ure or a strategy for establishing baseline employment outcomes. dence of out-of-wedlock pregnancies and es- performance on a set of performance meas- Note that this is not a comprehensive list, tablish annual numerical goals for pre- ures and a framework for how interim goals and HHS will consider other projects con- venting and reducing the incidence of these will be set after the baseline measures are sistent with the statute and the guidance pregnancies; and (4) encourage the formation established. The terms and conditions will provided in this IM. HHS is especially inter- and maintenance of two-parent families. establish consequences for failing to meet in- ested in testing approaches that build on ex- Purpose: HHS is encouraging states to con- terim performance targets including, but not isting evidence on successful strategies for sider new, more effective ways to meet the limited to, the implementation of an im- improving employment outcomes. Waiver requests must include an evalua- goals of TANF, particularly helping parents provement plan and, if the failure to meet tion plan. In order to provide the strongest successfully prepare for, find, and retain em- performance targets continues, termination evidence about the effectiveness of the dem- ployment. Therefore, HHS is issuing this in- of the waivers and demonstration project. onstration, the preferred evaluation ap- formation memorandum to notify states of HHS Priorities. In exercising her broad dis- proach is a random assignment methodology, the Secretary’s willingness to exercise her cretion for waivers, the Secretary is inter- unless the Secretary determines that an al- waiver authority under section 1115 of the ested in approaches that seek to improve em- ternative approach is more appropriate in Social Security Act to allow states to test ployment outcomes. Accordingly: light of the demonstration proposed. All alternative and innovative strategies, poli- Waivers will be granted only for provisions evaluation plans and funds to support them cies, and procedures that are designed to im- related to section 402. The purposes of TANF, the prohibitions must reflect an adequate level of effort and prove employment outcomes for needy fami- contained in section 408 (including the time sound methods to produce credible findings. lies. ACF anticipates actively engaging with States led the way on welfare reform in the limits on assistance contained in that sec- states to ensure that evaluation plans are 1990s—testing new approaches and learning tion), or any other provision of TANF other appropriate in light of the nature of the dem- what worked and what did not. The Sec- than those specified in section 402 will not be waived. onstration and that the evaluation findings retary is interested in using her authority to The Secretary will not approve a waiver can reasonably be expected to provide infor- approve waiver demonstrations to challenge for an initiative that appears substantially mation that will enhance understanding of states to engage in a new round of innova- likely to reduce access to assistance or em- whether the initiative was successful in fur- tion that seeks to find more effective mecha- ployment for needy families. thering HHS priorities. ACF staff members nisms for helping families succeed in em- The Secretary will not use her authority are available to work collaboratively with ployment. In providing for these demonstra- to allow use of TANF funds to provide assist- states to develop further or refine the eval- tions, HHS will hold states accountable by ance to individuals or families subject to the uation plan. requiring both a federally-approved evalua- TANF prohibitions on assistance. Waiver requests must include a set of per- tion and interim performance targets that The Secretary will not waive section formance measures that states will track to ensure an immediate focus on measurable 402(a)(5) relating to requirements to provide monitor ongoing performance and outcomes outcomes. States must develop evaluation equitable access to Indians. throughout the length of the demonstration plans that are sufficient to evaluate the ef- Waiver demonstration projects may be project, along with the evaluation. Waiver fect of the proposed approach in furthering a conducted in limited geographic areas or applications must specify interim targets for TANF purpose as well as interim targets the statewide. The Administration for Children each performance measure, including a state commits to achieve. States that fail to and Families (ACF) is interested in more ef- framework for how often the measures will meet interim outcome targets will be re- ficient or effective means to promote em- be reported, or a strategy for establishing quired to develop an improvement plan and ployment entry, retention, advancement, or baseline performance on a set of performance can face termination of the waiver project. access to jobs that offer opportunities for measures and a framework for how interim The demonstration authority provided by earnings and advancement that will allow goals will be set after the baseline measures section 1115 and sound evaluation of ap- participants to avoid dependence on govern- are established. Performance measures must proved projects will provide valuable knowl- ment benefits. The following are examples of be designed to track improvement across the edge that will help lead to improvements in projects that states may want to consider— entire set of families targeted as well as ap- achieving the purposes of the TANF pro- these are illustrative only: propriate subgroups. In developing the final gram. Projects that improve coordination with terms and conditions for an approved waiver, Information: Scope of Authority. Section other components of the workforce invest- ACF will work with the state to further re- 1115 authorizes waivers concerning section ment system, including programs operated fine the appropriate performance measures 402. Accordingly, other provisions of the under the Workforce Investment Act, or to and interim targets as needed. All approved TANF statute are not waivable. For exam- test an innovative approach to use perform- waivers will include a provision that requires ple, the purposes of TANF are not waivable, ance-based contracts and management in timely reporting to HHS on the agreed upon because they are contained in section 401. order to improve employment outcomes. performance measures and progress toward The prohibitions on assistance are not Projects that demonstrate attainment of meeting established interim targets. States waivable, because they are contained in sec- superior employment outcomes if a state is that fail to meet interim targets will be re- tion 408. held accountable for negotiated employment quired to develop improvement plans. Re- While the TANF work participation re- outcomes in lieu of participation rate re- peated failure to meet performance bench- quirements are contained in section 407, sec- quirements. marks may lead to the termination of the tion 402(a)(1)(A)(iii) requires that the state Projects under which a state would count waiver demonstration pilot. plan ‘‘[e]nsure that parents and caretakers individuals in TANF-subsidized jobs but no The request must specify the proposed receiving assistance under the program en- longer receiving TANF assistance toward length of time for the demonstration project. gage in work activities in accordance with participation rates for a specified period of The final terms and conditions will specify section 407.’’ Thus, HHS has authority to time in conjunction with an evaluation of the approved length of the project. Absent waive compliance with this 402 requirement the effectiveness of a subsidized jobs strat- special circumstances, the length of an ap- and authorize a state to test approaches and egy. proved project will not exceed five years. methods other than those set forth in sec- Projects that improve collaboration with A state will need to develop and submit a tion 407, including definitions of work activi- the workforce and/or post-secondary edu- budget that includes the costs of program

VerDate Mar 15 2010 04:43 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.040 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6050 CONGRESSIONAL RECORD — SENATE September 10, 2012 evaluation. TANF and state MOE funds can provisions for the purpose of testing new ap- ers, and the basing and use of U.S. be used for the costs of evaluation, including proaches to meeting the goals of the TANF military forces overseas, to the inter- third party contributions counting toward statute. The Secretary is interested in using national arms trade and arms export meeting a state’s MOE requirement. her authority to allow states to test alter- controls. Through his nearly four dec- HHS recognizes the importance of public native and innovative strategies, policies, ades as a staff adviser to the Congress input into the process of developing and im- and procedures that are designed to improve plementing a waiver demonstration project. employment outcomes for needy families. and several of its major committees, Therefore, the state must provide the public The statute does not permit tribes to receive his various appearances as a with a meaningful opportunity to provide waivers under Section 1115, however we are con1mittee witness, and through his input into the decision-making process prior committed to using the underlying flexi- authoring of numerous in-depth CRS to the time a proposal is approved by HHS. bility in federal law to help tribes innovate reports, Richard has become recognized Further guidance concerning this require- in their programs. as a national expert in these critical ment will be forthcoming. TANF Waiver demonstration projects defense and foreign policy issues. Waivers are subject to HHS and Office of under Section 1115 must be accompanied by a The broad sweep of his intellect is re- Management and Budget (OMB) approval and high quality evaluation plan, which is crit- flected in the substantive reports and terms and conditions may include additional ical to ensuring that the pilots result in rig- memoranda he has written for the Con- requirements, such as site visits, before im- orous evidence about what works and what plementation. doesn’t in order to inform future decisions gress. Yet an especially significant Terms and conditions will require periodic made by policymakers at the federal, state, part of his contributions to congres- reporting on how the implementation and tribal, territorial, and local levels. In addi- sional policy debates has been through operation of the demonstration is pro- tion, states that apply for a waiver must the numerous consultations and brief- gressing, including reporting on the perform- identify interim performance targets that ings he has provided to major commit- ance measures, in addition to evaluation re- will be used to hold states accountable for tees of the Senate and House on key ports. To support learning and knowledge de- improving outcomes for families. We will issues before them. At the beginning of velopment, ACF staff may conduct on-site work with states interested in developing his career at CRS, Richard provided di- visits to observe demonstration operations waiver demonstration projects to design and meet with relevant managers and staff. rect support to major congressional in- these performance measures and targets. vestigations of events of great con- Inquiries: Inquiries and applications for The Information Memorandum outlines projects involving waiver requests should be the types of waivers that will and will not be sequence for U.S. national security in- directed to the appropriate Regional TANF considered. The Secretary is only interested terests. Among these were his analyt- Program Manager. in approving waivers if the state can explain ical support for the Senate and House EARL S. JOHNSON, in a compelling fashion why the proposed ap- Select Intelligence Committees—the Director, Office of Family Assistance. proach may be a more efficient or effective panels chaired by Senator Frank means to promote employment entry, reten- Church and Representative Otis Pike— JULY 12, 2012. tion, advancement, or access to jobs that DEAR STATE HUMAN SERVICE OFFICIAL: charged with investigating the activi- offer opportunities for earnings and advance- Today, the Administration for Children and ties of the U.S. intelligence community ment that will allow participants to avoid Families’ Office of Family Assistance issued during 1975 to 1976, investigations that dependence on government benefits. an Information Memorandum that informs ultimately led to the creation of per- States have shown their ability to inno- states that the Department of Health and vate in ways that help parents find jobs. In manent select committees in the House Human Services will use its statutory au- 2009 and 2010, 42 states used the TANF Emer- and Senate that oversee the budget and thority to consider waiver requests that gency Fund authorized under the American activities of the U.S. intelligence com- strengthen the Temporary Assistance for Recovery and Reinvestment Act to create munity today. Later, in 1985 to 1987, Needy Families (TANF) program. This Infor- 260,000 subsidized jobs for jobless parents and Richard was a senior coordinator of the mation Memorandum reflects the Depart- disadvantaged youth. Over a short period of ment’s commitment to provide states, tribes, support provided by CRS to the House time, states exhibited enormous creativity and territories with more flexibility to inno- and Senate joint committee inves- as they developed new subsidized employ- vate in the TANF program with the goal of tigating the Iran-Contra affair, person- ment initiatives that responded to an urgent helping more families find jobs and move to- ally providing advice and suggestions need for jobs in communities across the ward self-sufficiency. that focused attention on key defi- On February 28, 2011, President Obama country. It is critical that we work together to de- ciencies in U.S. law, several of which issued a Presidential Memorandum that di- were later corrected by legislative en- rected federal agencies ‘‘to work closely with velop effective employment strategies that prepare workers for the jobs of the 21st cen- actment. Immediately after the at- state, local, and tribal governments to iden- tacks on the United States on Sep- tify administrative, regulatory, and legisla- tury. We stand ready to work with states in- tive barriers in Federally funded programs terested in developing innovative demonstra- tember 11, 2001, he directly assisted the that currently prevent states, localities, and tion projects that test new approaches to Senate and the House in clarifying its tribes, from efficiently using tax dollars to helping parents succeed in the labor market. understanding of the legislative op- achieve the best results for their constitu- Sincerely, tions available to the Congress to re- ents.’’ GEORGE SHELDON, spond, through use of force, against Acting Assistant Secretary. The Administration for Children and Fami- those responsible for the attacks on lies took this charge seriously and held a se- f this country. His comprehensive under- ries of consultation meetings with states, standing of the War Powers Resolution tribes, and territories on a variety of topics TRIBUTE TO RICHARD F. including TANF. During those consultations, GRIMMETT and its provisions have proven invalu- able to the Congress when it has need- many jurisdictions expressed a strong inter- Mr. LUGAR. Mr. President, today I est in greater flexibility in TANF and indi- ed to consider what actions it might cated that greater flexibility could be used wish to recognize the extraordinary ca- take when the President has engaged by states to improve program effectiveness. reer achievements of Richard F. the U.S. military in hostile operations We also heard concerns that some TANF Grimmett, specialist in international overseas. In 2005 Richard provided the rules stifle innovation and focus attention security with the Foreign Affairs, De- Congress with an analytical roadmap on paperwork rather than helping parents fense, and Trade Division of the Con- that highlighted the common policy find jobs. States offered a range of sugges- gressional Research Service, who is re- suggestions for legislation that the 9/11 tions for ways in which expanded flexibility tiring on September 30, after 38 years Commission and previous similar in- could lead to more effective employment of distinguished government service. A outcomes for families. Two states—Utah and quiries had 1nade to bolster U.S. inter- Nevada—submitted written comments that native of Akron, OH, Richard grad- nal security against the threat of ter- specifically identified waivers as one mecha- uated with honors from Kent State rorism. Subsequently, several of these nism for testing new approaches to pro- University, where he also received a proposals were enacted into law. moting employment and self-sufficiency, and Ph.D. in American history with a focus Throughout his career Richard has a number of others states—including Cali- on recent U.S. national security policy. been the leading specialist at CRS on fornia, Connecticut, and Minnesota—have Since 1974, when he joined CRS, Rich- issues relating to U.S. arms sales to asked about the potential for waivers. ard has been involved in a wide range As described in more detail in the Informa- foreign nations, U.S. arms export con- tion Memorandum, the Social Security Act of major international security policy trol law, and the international arms provides the Secretary of the Department of issues that have confronted the Con- trade in general. From the mid-1970s to Health and Human Services with the author- gress, from questions involving intel- the present, he has advised the Con- ity to grant states waivers of certain TANF ligence community oversight, war pow- gress and its policy committees on

VerDate Mar 15 2010 04:43 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.041 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6051 issues associated with every controver- sometimes known as nonadmitted in- I urge all Alaskans and Americans to sial foreign arms sale proposal that has surers, are approved to conduct such reflect on the service of Bob, Louie, come before them. Since 1982 he has business by States. Is it the under- Marc, and Bill and our other remaining produced a comprehensive annual re- standing of the Chairman that the World War II vets and all veterans who port for the Congress detailing the ‘‘private flood insurance’’ definition in- have made sacrifices for our Nation agreements and deliveries concluded by cludes surplus lines flood insurance throughout its history. the world’s conventional weapons sup- coverage? f pliers, a work that has set the gold Mr. JOHNSON. I thank the Senator standard on this subject. Richard was from Idaho for his question. The an- RECOGNIZING LOUISBURG also the editor and coauthor of the swer is yes—the definition of ‘‘private COLLEGE Senate Foreign Relations Committee flood insurance’’ includes private flood Mr. BURR. Mr. President, I am very print ‘‘Treaties and Other Inter- insurance provided by a surplus lines proud to extend my recognition and national Agreements: The Role of the insurer and is not intended to limit congratulations to Louisburg College United States Senate’’ the definitive surplus lines eligibility to nonresiden- in Louisburg, NC as this wonderful aca- reference document on this subject. tial properties. While the Senator is demic institution celebrates 225 years In the area of arms export control correct that surplus lines insurance is of maintaining an engaging and enrich- and oversight legislation, Richard has specifically mentioned in that context, ing community for its students, fac- provided continuing expert support and overall the definition accommodates ulty, and staff. advice to the Senate Foreign Relations private flood insurance from insurers This year, marking the 225th anni- Committee and the House Foreign Af- who are ‘‘licensed, admitted, or other- versary of the founding of Louisburg fairs Committee, from the original wise approved’’ in the State where the College, we give the members of the drafting of the Arms Export Control property is located. Louisburg community as well as the Act in 1976 through its various periods Mr. CRAPO. I thank my friend from State of North Carolina the oppor- of amendment to the present day. More South Dakota for this important clari- tunity to pay tribute and homage to a recently, he directly supported the fication. This is an important issue, place of academic excellence that has Senate Foreign Relations Committee’s particularly in those limited high-risk impacted many and helped thousands exhaustive review of the Defense Trade areas where surplus lines insurance continue on the journey of excellence Cooperation Treaty between the United serves as an essential part of the home- in all academic fields. States and the United Kingdom. In this owners insurance market. I agree with Louisburg College traces its histor- endeavor, Richard provided his special- his reading of the statute, because ical roots back to the 18th century dur- ized expertise to the committee on the state law already sets the parameters ing the American Revolution. Having complex issues posed by this treaty, as to when surplus lines insurance is evolved from three earlier institu- from its proposal by the President in acceptable. tions—Franklin Male Academy, 2007 through the Committee’s consider- f Louisburg Female Academy, and ation and the Senate’s advice and con- HONOR FLIGHT 2012 Louisburg Female College—Louisburg sent to it in September 2010. College is the oldest two-year residen- In all of the examples I have noted, Mr. BEGICH. Mr. President, I wish to tial college in the Nation and the only Richard Grimmett’s institutional recognize the Honor Flight Network one in North Carolina. memory and command of the substance and the four Alaskan World War II vet- The college is praised for years for its of the issues for which he has been re- erans who are participating in this value, personal teaching methods, di- sponsible has made him an invaluable year’s flight: Robert J. Ingram, a vet- versity, familial environment, and the resource for the U.S. Congress at large eran of the Navy from Fairbanks; and way it prepares its students for future and the Senate Foreign Relations Com- Louis E. Fessler, a veteran of the success. Today, Louisburg College is mittee in particular. I am confident Army, Marc Stella, a veteran of the led by Dr. Mark D. LaBranche, who be- that the Members of the Senate and Marine Corps, and Joseph William came the College’s 27th president in the House join me in expressing our Nugent, a veteran of the Army Air January of 2009. deepest appreciation to Richard for the Corps, all from Anchorage. I ask my colleagues to join me in extraordinary service he has provided The Honor Flight Network is a na- paying tribute to Louisburg College in to us over his long and distinguished tional program that provides free Louisburg, NC for its continued out- career. transportation to aging and ailing vet- standing achievement in upholding, f erans to travel to Washington, DC, to protecting, and pioneering academic visit and reflect at the memorials asso- PRIVATE FLOOD INSURANCE standards and providing an enriching ciated with the war in which they community for its students, faculty, Mr. CRAPO. Mr. President, I would served. and staff. May Louisburg College’s like to discuss a provision of the Later this month, these four heroes achievements and successes be recog- Biggert-Waters Flood Insurance Re- are scheduled to go to military- and nized and forever appreciated by the form Act of 2012 which reaffirms that veteran-related museums and tour the citizens of North Carolina as well as private flood insurance can be used to Capitol. The highlight of this trip of a this Congress. satisfy a mandatory purchase require- lifetime is a long anticipated visit to ment. This provision defines the term the World War II Memorial on the f ‘‘private flood insurance,’’ and the defi- Mall. These veterans of the war to end ADDITIONAL STATEMENTS nition makes a specific reference to all wars deserve our highest praise for private flood insurance from a surplus their service. Like so many men of HONORING WILLIAM E. SCHULZE lines insurer in connection with non- that great generation, they selflessly ∑ Mr. TESTER. Mr. President, today I residential commercial property cov- did their duty and are among the fortu- wish to honor William E. Schulze, a erage. I would note, however, that in- nate ones who were able to return to veteran of World War II. surance provided by surplus lines in- the civilian community and lead long It is my honor to share the story of surers also can cover residential prop- and productive lives. William’s service in World War II, be- erties—particularly when licensed and Mr. Ingram, Mr. Fessler, Mr. Stella, cause no story of bravery—and espe- admitted insurers are unwilling or un- and Mr. NUGENT have our undying cially not one from our ‘‘greatest gen- able to provide the desired coverage— thanks and gratitude. Thanks are also eration’’—should ever be forgotten. and this is authorized under state in- in order to the Honor Flight Network Bill was born in Milwaukee, WI. A surance law. The provision defines pri- for conceiving this program, to the Golden Glove Boxing Champion, Bill vate flood insurance to include insur- flight guardians Julie Engfer and Heidi was working for the Pacific Bridge ance provided by an insurer ‘‘licensed, Matson from Fairbanks, and Val Stella Company at Pearl Harbor as a welder admitted, or otherwise approved’’ to from Anchorage, and to Alaska Air- when our Nation came under attack on engage in the business of insurance by lines for donating airline tickets to all December 7, 1941. Bill soon joined the a State. Surplus lines insurers, also of the travelers. Navy and put his skills to use in the

VerDate Mar 15 2010 04:43 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.016 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6052 CONGRESSIONAL RECORD — SENATE September 10, 2012 302nd Construction Battalion—known in Seattle but was turned away, be- cans, I thank you for your service to as the Sea-Bees. Bill and his unit went cause he did not have his birth certifi- this Nation. from island to island across the Pacific cate. He successfully enlisted in Mon- It is my honor to share the story of building floating bridges from cargo tana and was sent to Fort Benning, GA, Herb Kindsfater’s service to our Na- ships to landing areas so that supplies where he was trained to operate heavy tion. Herb was born in Rocky Fort, CO. could reach American troops onshore. weapons and was assigned to operate a At the age of 17, he tried to join the When one mission was complete, Bill Browning automatic rifle. Navy, but was turned away. He was and the Sea-Bees packed up their He was assigned to Company G, of told he could join the Army or work in bridges and moved to the next island in the 60th Regiment of the 9th Infantry the Butte silver mines, and he chose support of America’s victories in the Division. He arrived in Normandy in the Army. Pacific. Bill supported U.S. troops in early July 1944 on D-day plus 30. On Herb was a machine gunner in Com- Guam, Saipan, New Guinea and the August 8, 1944, Lewis was participating pany H, 172nd Regiment, 43rd Infantry Philippines, just to name a few. With- in the Battle of the Hedge Rows when Division—the ‘‘Green Mountain Boys’’ out Bill’s efforts, our troops would he was wounded in the foot. After re- of Vermont. Herb’s unit served in the have been left without needed arms and covering, he headed back to his unit, Pacific Theater. He engaged in combat supplies as they battled Japan’s Impe- only to find that they had been wiped in the Solomon Islands and New Guin- rial Army. out by what was believed to be a V–2 ea, where he suffered injuries from Bill earned the medals we will rocket attack. It turned out to be shrapnel. present today for his service during friendly fire. In the Philippines, Herb and his fel- World War II, but I would be remiss not Lewis said the blast made a hole in low soldiers fought mile-by-mile to to mention his service in support of the ground that looked like a deep reach Manila. They then took the is- veterans long after the war concluded. mine crater. land of Luzon. At Ipo Dam, Herb was After World War II, Bill headed back Lewis was reassigned to Company B badly wounded in both arms, and he to Wisconsin, started a family, and in the same regiment. On December 12, spent months recuperating in a hos- worked for 45 years as an engineer and his unit was responsible for an attack pital. a welder. on the town of Hoven in Belgium for After his military service, Herb After his wife’s passing, his love for which they were awarded the Presi- moved to Billings where he married his the outdoors brought him to Billings dential Unit Citation. wife Betty and worked for the railroad. where he remarried and made the lives Lewis demonstrated outstanding During the first several years of their of his fellow veterans a little easier. bravery during that attack and was marriage, he still suffered from ma- Mind you, Bill was getting up in promoted to staff sergeant. laria that he had contracted in the years himself by this point, but that His unit went on to see heavy action war. didn’t stop him from volunteering as a in the Battle of the Hurtgen Forest After serving his country with honor, driver for Disabled American Veterans. from late 1944 until early 1945. On the Herb never received all of the medals In fact, Bill’s last award before retiring 1st of February 1945, Lewis’s company he earned from the Army. once again was for driving more than was cut off from the rest of his regi- Earlier this month, in the presence of 10,000 miles, taking veterans back and ment and was pinned down by sniper his wife Betty and his son Bruce, it was forth to their medical appointments all fire. The members of the company took my honor to finally present to Herb his over Montana. turns running back toward the nearest Bronze Star, a Purple Heart, and a But today we honor Bill’s heroic American forces. When Lewis ran, he Good Conduct Medal. service during World War II. was shot under his left arm. When he It was also my honor to present a After his service, Bill Schulze did not informed his scout that he was wound- Presidential Unit Citation, an Asiatic- receive all the medals he earned from ed and would have to seek medical at- Pacific Campaign Medal with three the Navy. Earlier this month, it was tention, a shell exploded near them. Bronze Service Stars, and a World War my honor to finally present William’s Despite being severely wounded, Lewis II Victory Medal. widow Betty with the American Cam- insisted that his scout be taken to the Earlier this month, I also presented paign Medal, the Combat Action Rib- hospital first. He was informed that to Herb a Combat Infantry Badge First bon, and the Sharp Shooter Rifle Rib- the scout was dead, was carried to a Award, a Philippine Liberation Ribbon bon. jeep, and was then taken to the nearest with one Bronze Service Star, and a It was also my honor to present the field hospital. Honorable Service Lapel Button. Navy Discharge Button, the Honorable Lewis nearly lost his leg and under- These decorations are small tokens, Service Lapel Pin, and an additional went several years of surgery and reha- but they are powerful symbols of true Bronze Star to the Asiatic Pacific bilitation. He still carries the shrapnel heroism, sacrifice, and dedication to Campaign Medal. in him today. service. These decorations are small tokens, After his service, Lewis Holzheimer These medals are presented on behalf but they are powerful symbols of true never received the medals he earned of a grateful nation.∑ heroism, sacrifice, and dedication to from the Army. f service. Last month, in the presence of his TRIBUTE TO NICHOLAS J. WELLS They are presented on behalf of a family, it was my honor to finally grateful nation.∑ present to Lewis his Bronze Star ∑ Mr. TESTER. Mr. President, today I f Medal, Purple Heart with one Bronze wish to honor Nicholas J. Wells, a vet- Oak Leaf Cluster, Combat Infantryman eran of Operation Iraqi Freedom. Nich- TRIBUTE TO LEWIS W. Badge, and his Presidential Unit Cita- olas, on behalf of all Montanans and all HOLZHEIMER tion. Americans, thank you for your service ∑ Mr. TESTER. Mr. President, today I These decorations are small tokens, to this Nation. wish to honor Lewis W. Holzheimer, a but they are powerful symbols of true It is my honor to share the story of veteran of World War II. Lewis, on be- heroism, sacrifice, and dedication to Nicholas Wells’ service in Operation half of all Montanans and all Ameri- service. Iraqi Freedom. cans, I thank you for your service to These medals are presented on behalf After graduating high school in this Nation. of a grateful Nation.∑ Darby, MT, Nicholas completed basic It is my honor to share the story of f training at Fort Knox and trained at Lewis Holzheimer’s service in World Camp Irwin, CA. He became an Army War II because no story of heroism TRIBUTE TO HERBERT S. scout assigned to the 3rd Brigade Com- should ever fall through the cracks. KINDSFATER bat Team, 4th Infantry Division, 2–9 Lewis was born in Neihart, MT. ∑ Mr. TESTER. Mr. President, today I Cavalry Regiment. He was working as a lineman’s ap- wish to honor Herbert S. Kindsfater, a Nicholas arrived in Iraq in October prentice in Cascade County when Pearl veteran of World War II. Herb, on be- 2005. He served in the north and central Harbor was attacked. He tried to enlist half of all Montanans and all Ameri- zones near Baghdad, Mosul, Adwar and

VerDate Mar 15 2010 05:42 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.003 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6053 Tikrit. While in country, Nicholas sur- TRIBUTE TO LLOYD JACKSON Adoption Institute, to recognize a West vived gunshots, 24 I.E.D. blasts, and a ∑ Mr. ROCKEFELLER. Mr. President, Virginia family for its efforts to pro- helicopter crash. He continues to be today I would like to take a moment to mote adoption and provide homes for treated for injuries that he suffered in recognize a fellow West Virginian who our Nation’s vulnerable children. It is a the war. has devoted himself to the service of wonderful program that highlights the Since retiring from the Army in 2008, our State and the advancement of our change one couple can make in the life Nicholas attended the University of education system. As a former college of a child. Throughout my career, I have been a Montana and now drives trucks in president, I know how invaluable edu- strong advocate of legislation that sup- North Dakota. cation is to building our communities, ports adoption and other permanency After serving his country with honor, growing our economy, and raising and efforts. I am inspired by the men and Nicholas Wells never received all of the inspiring the next generation. I com- women who devote their lives to caring medals he earned from the Army. mend West Virginia State school board Earlier this month, in the presence of for these children. Today, I would like member Lloyd Jackson for his endur- his family, it was my honor to finally to recognize one such West Virginian ing commitment to such an important present to Nicholas his Iraq Campaign family: Kenneth and Vanese Cedar, cause. Medal with two Bronze Stars. This who are truly angels in adoption. My friend, Lloyd Jackson served as a decoration is a powerful symbol of true Kenneth and Vanese have cared for 57 State senator for 12 years and he has heroism, sacrifice, and dedication to children over the years, including two been a leader in improving both the service. This Iraq Campaign Medal is biological sons of their own. Currently, early and higher education systems of presented on behalf of a grateful na- they have adopted three children and West Virginia. While a senator, he was tion.∑ serve as guardians for two teenagers. the primary sponsor of the PROMISE They also care for a foster child. They f scholarship legislation, a merit-based have raised their children in a close RECOGNIZING PROLITERACY financial aid program that has helped and devoted family, taking them to ∑ Mrs. GILLIBRAND. Mr. President, thousands of West Virginians afford church, teaching them gardening and today I wish to recognize ProLiteracy, college. cooking, and playing sports together. the world’s oldest and largest member He has also been a vocal advocate for Even when challenges have arisen, organization of adult literacy and basic prekindergarten care, and his dedica- Kenneth and Vanese have remained education programs in the United tion has led to vast improvements in dedicated to helping their own family States representing more than 1,100 our State’s preschool education. He and other children in need. In 2009, community-based organizations and began his fight through personal expe- Kenneth lost his job. Yet the couple adult basic education programs, which rience; his wife had to drive their chil- took the obstacle as an opportunity to collectively serve more than 286,000 dren long distances to a private day go back to school and earn regents adult learners. care because of the lack of access in bachelor of arts degrees, which they For more than 50 years, ProLiteracy their area. Mr. JACKSON believed that hope to use in social work and child has been headquartered in a suburban- all children should have the same protective services. When one of their ized industrial park in Syracuse, New chance to receive a quality early edu- sons nearly passed away from acute York. Now, ProLiteracy is moving to cation. respiratory disease syndrome, they the Near West Side of Syracuse. The As State senate education chairman, stood together as a family until he re- renovated building is an environ- Mr. Jackson championed comprehen- covered, and he recently welcomed a mentally and technologically advanced sive early childhood legislation. In child of his own. facility that allows the organization to 2002, he helped create West Virginia Kenneth and Vanese Cedar are a self- produce and test new and better cur- Universal Pre-K and put the State on less and giving couple who deserve our respect and admiration. They have pro- ricula and educational materials, as track to have universal access by 2012. vided so many children with not simply well as to develop and implement local Thanks to his efforts, West Virginia is a home but a family. I would like to training, technical assistance, and pro- today considered a leader in providing thank these angels in adoption for the fessional development projects. The public and universal preschool edu- love and care they have provided to so knowledge, best practices, and key cation. In the 2011–12 school year, over many. They are truly an inspiration.∑ findings ProLiteracy will generate 15,000 children were enrolled in pre- through these efforts will be shared lo- kindergarten, and this year every 4- f cally, nationally, and globally. year-old in the State will have access TRIBUTE TO DAVE AND LAURA Because ProLiteracy’s headquarters to quality schooling. In a 2011 report, WHELCHEL West Virginia ranked fifth in the Na- will be located in an area readily acces- ∑ Mr. JOHANNS. Mr. President, today sible to adult learners, the organiza- tion in preschool access for 4-year-olds and fourth in spending on prekinder- I wish to pay tribute to a remarkable tion is providing learning experiences foster couple from Harrisburg, NE, such as an adult literacy library hous- garten programs. Lloyd Jackson has fought long and whom I recently nominated to be 2012 ing New Readers Press materials and ‘Angels in Adoption’ recipients. Dave hard to make sure our children are re- other resources. and Laura Whelchel are the parents of ceiving the education they deserve. I ProLiteracy is to be commended for two grown biological children, Chance applaud his commitment to education, the work they do and the efforts they and Jenna, as well as four adopted chil- and I am proud of the success he has support every day to help increase the dren, Reuben, Josefina, Arielle and San helped West Virginia achieve. Pro- quality of and access to adult literacy Juan, who are siblings. They are hop- viding our children with a strong edu- services. An estimated 30 million ing to finalize the adoption of a fifth cation is the greatest investment we adults nationwide do not yet have the sibling, Kayleigh, by the end of the could make in the future of our State basic literacy skills to read or write year. Each of the adopted children has and of our Nation. Lloyd Jackson de- above a fifth-grade level. An additional come into their home with special 60 million American adults do not read serves our appreciation, and I am proud physical, occupational or speech ther- or write better than the eighth-grade to have worked with him for years and apy needs. level. Every day, ProLiteracy works to I am delighted to congratulate him for Dave and Laura’s dedication to pro- enable these Americans to receive the all he has done for education in West viding these children with the love and ∑ necessary resources and skills they Virginia. support they need is incredible. As I need to succeed in postsecondary edu- f witnessed firsthand during a visit to cation, occupational training, and es- their family farm in August, the tablishing a career pathway. TRIBUTE TO KENNETH AND Whelchels are doing an outstanding job Thank you to ProLiteracy for being VANESE CEDAR ensuring their children are able to live the leader in ending the adult literacy ∑ Mr. ROCKEFELLER. Mr. President, full and happy lives. crisis in Syracuse, New York—and in every year I have the honor, as a mem- But the Whelchels’ kindness and communities around the Nation.∑ ber of the Congressional Coalition on compassion does not stop with their

VerDate Mar 15 2010 04:43 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.002 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6054 CONGRESSIONAL RECORD — SENATE September 10, 2012 children. Three years ago, the couple continue taking in foster children and As with most water warriors, Alan’s created Camp Grace, a summer camp possibly even expand their family by retirement will only be partial. He will for other children with special needs. giving other children a place to call continue his work on CWCB and the Held monthly at the Whelchel farm, home. Arkansas Basin Roundtable, and I am the camp is designed to help children National Adoption Day is around the sure many of us will still call upon his work toward specific therapy goals. corner, and it is important to recognize wisdom and experience often. I suppose They also donate countless hours of the compassionate families who bring after more than 50 years of service he their time coordinating with volun- joy to the lives of children as foster has earned the right to switch to part- teers, therapists, and other families to and adoptive parents. It brings me time work. ensure the camp’s success. great pride to be able to honor South I wish him well in his next endeavors It is an honor to nominate Dave and Dakotans Ryan and Amber Johnson, and congratulate him on an impressive Laura as ‘Angels in Adoption’. The my nominees for the 2012 Angels in career.∑ award, which honors those who have ∑ Adoption Award. f enriched the lives of foster and adopted f children in the U.S., is a small token of MESSAGES FROM THE PRESIDENT appreciation for the love and compas- TRIBUTE TO ALAN HAMEL ∑ Messages from the President of the sion they have shown their children Mr. UDALL of COLORADO. Mr. United States were communicated to over the years. I could not think of a President, today I wish to pay tribute the Senate by Mr. Pate, one of his sec- more deserving family for this award. to a true leader of Colorado’s water retaries. My hope is that more families will fol- community, Mr. Alan Hamel. Alan re- low the wonderful example set by the tired from his position on the Board of f Whelchels by providing loving homes Water Works of Pueblo, CO, at the end EXECUTIVE MESSAGES REFERRED to deserving children.∑ of August after more than 50 years of As in executive session the Presiding f service for the board. Alan began his career as a student Officer laid before the Senate messages TRIBUTE TO RYAN AND AMBER helper in 1960 working summers for the from the President of the United JOHNSON board. He returned after graduating States submitting sundry nominations ∑ Mr. THUNE. Mr. President, today I from Colorado State University in which were referred to the appropriate wish to recognize Ryan and Amber Pueblo to become a full-time pump sta- committees. Johnson of Sioux Falls, SD, as my tion operator. Over the next 20 years, (The messages received today are nominees for the 2012 Angels in Adop- Alan worked his way up the ladder printed at the end of the Senate pro- tion Award. Since 1999, the Angels in through various management positions ceedings.) Adoption program through the Con- until he was appointed executive direc- f gressional Coalition on Adoption Insti- tor in 1982. tution has honored more than 1,800 in- Under Alan’s direction, Pueblo has MESSAGES FROM THE HOUSE dividuals, couples, and organizations built one of the most modern water in- RECEIVED DURING ADJOURNMENT nationwide for their work in providing frastructure systems in the Nation. Be- Under the authority of the order of children with loving, stable homes. cause of his leadership, the Pueblo the Senate of January 5, 2011, the Sec- After being married for only a short area’s future water supplies are suffi- retary of the Senate, on August 3, 2012, time, Ryan and Amber Johnson began cient and secure, which is truly impres- during the adjournment of the Senate, to consider expanding their family. sive given all of the water challenges received a message from the House of After overcoming initial personal set- facing Colorado. The board has also Representatives that the Clerk is di- backs, the Johnson family decided to benefited from extraordinary con- rected to inform the Senate that the open their home to children in need by tinuity during Alan’s 29-year tenure at House of Representatives failed to becoming foster parents. The couple the helm, which I am confident will agree to the resolution of the Senate quickly accepted the opportunity to continue under new executive director (S. Con. Res. 56) providing for a condi- become long-term foster parents of Terry Book’s guidance. tional adjournment or recess of the three siblings between the ages of 7 Alan has also been a water leader Senate and an adjournment of the months and 6 years, and later, the statewide. He is a member of the Colo- House of Representatives. Johnsons provided a temporary, loving rado Water Conservation Board, CWCB, Under the authority of the order of home for a 4-year-old foster child. The Colorado Water Congress, CWC, and the Senate of January 5, 2011, the Sec- Johnsons were soon blessed again with Statewide Water Supply Initiative. He retary of the Senate, on August 3, 2012, two Native American half-brothers as has also held leadership positions on during the adjournment of the Senate, foster children. It quickly became evi- the Southeastern Colorado Water Con- received a message from the House of dent to Ryan and Amber how wonderful servancy District and Arkansas Basin Representatives announcing that the the addition of these two boys was to Roundtable among many others. He House has passed the following bill, their family. Shortly after, Ryan and also received CWC’s top award in 2010, without amendment: Amber adopted Lukias, age 3, and are the prestigious Wayne Aspinall Water S. 3510. An act to prevent harm to the na- in the process of finalizing the adop- Leader of the Year Award, for his life- tional security or endangering the military tion of his younger brother. During the time of achievement. officers and civilian employees to whom adoption process, the Johnson family On a more personal level, Alan has internet publication of certain information learned that they were pregnant, and earned the respect and admiration of applies, and for other purposes. on May 1, 2011, welcomed their newest the Colorado water community because The message also announced that family member, Sophia. The young he is a true public servant in the best pursuant to 20 U.S.C. 2103(b), and the family now consists of 3 siblings, ages sense of the word. He is unflappable, a order of the House of January 5, 2011, 1, 2, and 3. fountain of knowledge about water, the Speaker appoints the following in- Foster homes regularly see children and always seeks common ground with dividual from private life to the Board come and go, staying for varying opposing views while fighting fiercely of Trustees of the American Folklife lengths of time. The changing environ- and fairly for the needs of his commu- Center in the Library of Congress on ment often places an emotional toll on nity. He cares deeply about Pueblo and the part of the House of Representa- the caregivers who develop deep, per- Colorado and has served both remark- tives for a term of 6 years: Mr. C. Kurt sonal relationships with their foster ably. Dewhurt of Michigan. children. Despite the challenges that And above all, Alan is a family man Under the authority of the order of foster parents face, the Johnsons have who knows none of this could be pos- the Senate of January 5, 2011, the Sec- used their life lessons to create a sible without the support of his wife retary of the Senate, on August 7, 2012, warm, loving home for children in need Mary Kay and children. While he lives during the adjournment of the Senate, of a nurturing environment to grow and breathes water, his family comes received a message from the House of and develop. Ryan and Amber plan to first and foremost. Representatives announcing that the

VerDate Mar 15 2010 04:43 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G10SE6.038 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6055 House has agreed the following concur- ance offset by changes to certain conserva- ment of Agriculture, transmitting, pursuant rent resolutions, without amendment: tion programs, and for other purposes; to the to law, the report of a rule entitled ‘‘Water Committee on Agriculture, Nutrition, and and Waste Disposal Loans and Grants’’ S. Con. Res. 58. Concurrent resolution di- Forestry. (RIN0572–AC26) received during adjournment recting the Clerk of the House of Representa- of the Senate in the Office of the President tives to make a correction in the enrollment The following concurrent resolution of the Senate on August 15, 2012; to the Com- of H.R. 4240. was read, and referred as indicated: mittee on Agriculture, Nutrition, and For- S. Con. Res. 59. Concurrent resolution pro- H. Con. Res. 127. Concurrent resolution ex- estry. viding for a conditional adjournment or re- pressing the sense of Congress regarding ac- EC–7136. A communication from the Sec- cess of the Senate and an adjournment of the tions to preserve and advance the multi- retary of the Commission, Division of Clear- House of Representatives. stakeholder governance model under which ing and Risk, Commodity Futures Trading ENROLLED BILLS SIGNED the Internet has thrived; to the Committee Commission, transmitting, pursuant to law, Under the authority of the order of on Foreign Relations. the report of a rule entitled ‘‘Swap Trans- the Senate of January 5, 2011, the Sec- f action Compliance and Implementation Schedule: Clearing Requirement Under Sec- retary of the Senate, on August 7, 2012, MEASURES PLACED ON THE tion 2(h) of the CEA’’ (RIN3038–AD60) re- during the adjournment of the Senate, CALENDAR ceived during adjournment of the Senate in received a message from the House of The following bill was read the sec- the Office of the President of the Senate on Representatives announcing that the ond time, and placed on the calendar: August 14, 2012; to the Committee on Agri- Speaker pro tempore (Mr. THORN- culture, Nutrition, and Forestry. S. 3519. A bill to require sponsoring Sen- EC–7137. A communication from the Sec- BERRY) had signed the following en- ators to pay the printing costs of ceremonial rolled bills: retary of the Commission, Division of Clear- and commemorative Senate resolutions. ing and Risk, Commodity Futures Trading S. 3510. An act to prevent harm to the na- f Commission, transmitting, pursuant to law, tional security or endangering the military the report of a rule entitled ‘‘End-User Ex- officers and civilian employees to whom MEASURES READ THE FIRST TIME ception to the Clearing Requirement for internet publication of certain information The following bills were read the first Swaps’’ (RIN3038–AD10) received during ad- applies, and for other purposes. time: journment of the Senate in the Office of the H.R. 1402. An act to authorize the Archi- President of the Senate on August 14, 2012; to H.R. 8. An act to extend certain tax relief tect of the Capitol to establish battery re- the Committee on Agriculture, Nutrition, provisions enacted in 2001 and 2003, and to charging stations for privately owned vehi- and Forestry. provide for expedited consideration of a bill cles in parking areas under the jurisdiction EC–7138. A communication from the Sec- providing for comprehensive tax reform, and of the House of Representatives at no net retary of the Commission, Office of General for other purposes. cost to the Federal Government. Counsel, Commodity Futures Trading Com- S. 3522. A bill to provide for the expansion H.R. 3670. An act to require the Transpor- mission, transmitting, pursuant to law, the of affordable refinancing of mortgages held tation Security Administration to comply report of a rule entitled ‘‘Further Definition by the Federal National Mortgage Associa- with the Uniformed Services Employment of ‘Swap,’ ‘Security-Based Swap,’ and ‘Secu- tion and the Federal Home Loan Mortgage and Reemployment Rights Act. rity-Based Swap Agreement’; Mixed Swaps; Corporation. H.R. 4240. An act to reauthorize the North Security-Based Swap Agreement Record- S. 3525. A bill to protect and enhance op- Korean Human Rights Act of 2004, and for keeping’’ (RIN3038–AD46) received during ad- portunities for recreational hunting, fishing, other purposes. journment of the Senate in the Office of the and shooting, and for other purposes. Under the authority of the order of President of the Senate on August 14, 2012; to the Senate of January 5, 2011, the en- f the Committee on Agriculture, Nutrition, rolled bills were subsequently signed ENROLLED BILLS PRESENTED and Forestry. EC–7139. A communication from the Direc- on August 7, 2012 by the Acting Presi- The Secretary of the Senate reported tor of the Regulatory Management Division, dent pro tempore (Mr. WEBB). that on August 3, 2012, she had pre- Environmental Protection Agency, transmit- f sented to the President of the United ting, pursuant to law, the report of a rule en- States the following enrolled bills: titled ‘‘Paraquat Dichloride; Pesticide Toler- MESSAGE FROM THE HOUSE ances’’ (FRL No. 9357–1) received during ad- S. 270. An act to direct the Secretary of the At 2:03 p.m., a message from the journment of the Senate in the Office of the Interior to convey certain Federal land to President of the Senate on August 7, 2012; to House of Representatives, delivered by Deschutes County, Oregon. the Committee on Agriculture, Nutrition, S. 271. An act to require the Secretary of Mrs. Cole, one of its reading clerks, an- and Forestry. nounced that the House has passed the Agriculture to enter into a property convey- EC–7140. A communication from the Direc- following bills, in which it requests the ance with the city of Wallowa, Oregon, and tor of the Regulatory Management Division, for other purposes. concurrence of the Senate: Environmental Protection Agency, transmit- S. 739. An act to authorize the Architect of ting, pursuant to law, the report of a rule en- H.R. 8. An act to extend certain tax relief the Capitol to establish battery recharging titled ‘‘Bacillus thuringiensis eCry3.1Ab Pro- provisions enacted in 2001 and 2003, and to stations for privately owned vehicles in tein in Corn; Exemption from the Require- provide for expedited consideration of a bill parking areas under the jurisdiction of the ment of a Tolerance’’ (FRL No. 9357–4) re- providing for comprehensive tax reform, and Senate at no net cost to the Federal Govern- ceived during adjournment of the Senate in for other purposes. ment. the Office of the President of the Senate on H.R. 6233. An act to make supplemental ag- S. 3363. An act to provide for the use of Na- August 7, 2012; to the Committee on Agri- ricultural disaster assistance available for tional Infantry Museum and Soldier Center culture, Nutrition, and Forestry. fiscal year 2012 with the costs of such assist- Commemorative Coin surcharges, and for EC–7141. A communication from the Direc- ance offset by changes to certain conserva- other purposes. tor of the Regulatory Management Division, tion programs, and for other purposes. The Secretary of the Senate reported Environmental Protection Agency, transmit- The message also announced that the that on August 7, 2012, she had pre- ting, pursuant to law, the report of a rule en- House has passed the following concur- sented to the President of the United titled ‘‘Residues of Didecyl dimethyl ammo- rent resolution, in which it requests States the following enrolled bill: nium chloride; Exemption from the Require- the concurrence of the Senate: ment of a Tolerance’’ (FRL No. 9356–6) re- S. 3510. An act to prevent harm to the na- ceived during adjournment of the Senate in H. Con. Res. 127. Concurrent resolution ex- tional security or endangering the military the Office of the President of the Senate on pressing the sense of Congress regarding ac- officers and civilian employees to whom August 7, 2012; to the Committee on Agri- tions to preserve and advance the multi- Internet publication of certain information culture, Nutrition, and Forestry. stakeholder governance model under which applies, and for other purposes. EC–7142. A communication from the Direc- the Internet has thrived. f tor of the Regulatory Management Division, f Environmental Protection Agency, transmit- EXECUTIVE AND OTHER ting, pursuant to law, the report of a rule en- MEASURES REFERRED COMMUNICATIONS titled ‘‘Flutriafol; Pesticide Tolerances’’ The following bill was read the first The following communications were (FRL No. 9348–8) received during adjourn- and the second times by unanimous laid before the Senate, together with ment of the Senate in the Office of the Presi- accompanying papers, reports, and doc- dent of the Senate on August 7, 2012; to the consent, and referred as indicated: Committee on Agriculture, Nutrition, and H.R. 6233. An act to make supplemental ag- uments, and were referred as indicated: Forestry. ricultural disaster assistance available for EC–7135. A communication from the Ad- EC–7143. A communication from the Direc- fiscal year 2012 with the costs of such assist- ministrator, Rural Utilities Service, Depart- tor of the Regulatory Management Division,

VerDate Mar 15 2010 04:43 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.032 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6056 CONGRESSIONAL RECORD — SENATE September 10, 2012 Environmental Protection Agency, transmit- retirement of Lieutenant General Frank A. minations’’ ((44 CFR Part 67) (Docket No. ting, pursuant to law, the report of a rule en- Panter, Jr., United States Marine Corps, and FEMA–2012–0003)) received in the Office of titled ‘‘S-Metolachlor; Pesticide Tolerances’’ his advancement to the grade of lieutenant the President of the Senate on August 2, (FRL No. 9356–9) received during adjourn- general on the retired list; to the Committee 2012; to the Committee on Banking, Housing, ment of the Senate in the Office of the Presi- on Armed Services. and Urban Affairs. dent of the Senate on August 14, 2012; to the EC–7153. A communication from the Under EC–7163. A communication from the Chief Committee on Agriculture, Nutrition, and Secretary of Defense (Personnel and Readi- Counsel, Federal Emergency Management Forestry. ness), transmitting a report on the approved Agency, Department of Homeland Security, EC–7144. A communication from the Direc- retirement of Vice Admiral David Architzel, transmitting, pursuant to law, the report of tor of the Regulatory Management Division, United States Navy, and his advancement to a rule entitled ‘‘Final Flood Elevation Deter- Environmental Protection Agency, transmit- the grade of vice admiral on the retired list; minations’’ ((44 CFR Part 67) (Docket No. ting, pursuant to law, the report of a rule en- to the Committee on Armed Services. FEMA–2012–0003)) received in the Office of titled ‘‘Fludioxonil; Pesticide Tolerances’’ EC–7154. A communication from the Under the President of the Senate on August 2, (FRL No. 9357–5) received during adjourn- Secretary of Defense (Personnel and Readi- 2012; to the Committee on Banking, Housing, ment of the Senate in the Office of the Presi- ness), transmitting a report on the approved and Urban Affairs. dent of the Senate on August 14, 2012; to the retirement of Admiral John C. Harvey, Jr., EC–7164. A communication from the Chief Committee on Agriculture, Nutrition, and United States Navy, and his advancement to Counsel, Federal Emergency Management Forestry. the grade of admiral on the retired list; to Agency, Department of Homeland Security, EC–7145. A communication from the Direc- the Committee on Armed Services. transmitting, pursuant to law, the report of tor of the Regulatory Management Division, EC–7155. A communication from the Under a rule entitled ‘‘Final Flood Elevation Deter- Environmental Protection Agency, transmit- Secretary of Defense (Personnel and Readi- minations’’ ((44 CFR Part 67) (Docket No. ting, pursuant to law, the report of a rule en- ness), transmitting a report on the approved FEMA–2011–0002)) received during adjourn- titled ‘‘Flutriafol; Pesticide Tolerances for retirement of Vice Admiral Dirk J. Debbink, ment of the Senate in the Office of the Presi- Emergency Exemptions’’ (FRL No. 9349–6) re- United States Navy Reserve, and his ad- dent of the Senate on August 10, 2012; to the ceived during adjournment of the Senate in vancement to the grade of vice admiral on Committee on Banking, Housing, and Urban the Office of the President of the Senate on the retired list; to the Committee on Armed Affairs. August 14, 2012; to the Committee on Agri- Services. EC–7165. A communication from the Chief culture, Nutrition, and Forestry. EC–7156. A communication from the Under Counsel, Federal Emergency Management EC–7146. A communication from the Direc- Secretary of Defense (Personnel and Readi- Agency, Department of Homeland Security, tor of the Regulatory Management Division, ness), transmitting the report of five (5) offi- transmitting, pursuant to law, the report of Environmental Protection Agency, transmit- cers authorized to wear the insignia of the a rule entitled ‘‘Final Flood Elevation Deter- ting, pursuant to law, the report of a rule en- grade of rear admiral (lower half) in accord- minations’’ ((44 CFR Part 67) (Docket No. titled ‘‘Cyprodinil; Pesticide Tolerances’’ ance with title 10, United States Code, sec- FEMA–2011–0002)) received during adjourn- (FRL No. 9359–7) received during adjourn- tion 777; to the Committee on Armed Serv- ment of the Senate in the Office of the Presi- ment of the Senate in the Office of the Presi- ices. dent of the Senate on August 10, 2012; to the dent of the Senate on August 17, 2012; to the EC–7157. A communication from the Presi- Committee on Banking, Housing, and Urban Committee on Agriculture, Nutrition, and dent of the United States, transmitting, pur- Affairs. Forestry. suant to law, a report relative to the con- EC–7166. A communication from the Chief EC–7147. A communication from the Direc- tinuation of the national emergency with re- Counsel, Federal Emergency Management tor of the Regulatory Management Division, spect to export control regulations; to the Agency, Department of Homeland Security, Environmental Protection Agency, transmit- Committee on Banking, Housing, and Urban transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- Affairs. a rule entitled ‘‘Suspension of Community titled ‘‘Didecyl Dimethyl Ammonium Car- EC–7158. A communication from the Sec- Eligibility’’ ((44 CFR Part 64) (Docket No. bonate and Didecyl Dimethyl Ammonium Bi- retary of the Treasury, transmitting, pursu- FEMA–2012–0003)) received during adjourn- carbonate; Exemption from the Requirement ant to law, a six-month periodic report on ment of the Senate in the Office of the Presi- of a Tolerance’’ (FRL No. 9359–5) received the continuation of the national emergency dent of the Senate on August 10, 2012; to the during adjournment of the Senate in the Of- that was declared in Executive Order 13396 Committee on Banking, Housing, and Urban fice of the President of the Senate on August on February 7, 2006, with respect to Cote Affairs. 21, 2012; to the Committee on Agriculture, d’Ivoire; to the Committee on Banking, EC–7167. A communication from the Sec- Nutrition, and Forestry. Housing, and Urban Affairs. retary of Energy, transmitting, pursuant to EC–7148. A communication from the Direc- EC–7159. A communication from the Asso- law, a report entitled ‘‘2012 Annual Plan: tor of the Regulatory Management Division, ciate General Counsel for Legislation and Ultra-Deepwater and Unconventional Nat- Environmental Protection Agency, transmit- Regulations, Office of Community Planning ural Gas and Other Petroleum Resources Re- ting, pursuant to law, the report of a rule en- and Development, Department of Housing search and Development Program’’; to the titled ‘‘Pesticide Tolerance Crop Grouping and Urban Development, transmitting, pur- Committee on Energy and Natural Re- Program III; Revisions to General Tolerance suant to law, the report of a rule entitled sources. Regulations’’ (FRL No. 9354–3) received dur- ‘‘Homeless Emergency Assistance and Rapid EC–7168. A communication from the Sec- ing adjournment of the Senate in the Office Transition to Housing: Continuum of Care retary of the Federal Energy Regulatory of the President of the Senate on August 21, Program’’ (RIN2506–AC29) received during Commission, transmitting, pursuant to law, 2012; to the Committee on Agriculture, Nu- adjournment of the Senate in the Office of a report relative to granting the North trition, and Forestry. the President of the Senate on August 8, American Electric Reliability Corporation EC–7149. A communication from the Under 2012; to the Committee on Banking, Housing, (NERC) a 30-day extension of time to file its Secretary of Defense (Comptroller), trans- and Urban Affairs. quarterly reports; to the Committee on En- mitting, pursuant to law, a report relative to EC–7160. A communication from the Asso- ergy and Natural Resources. a violation of the Antideficiency Act that oc- ciate General Counsel for Legislation and EC–7169. A communication from the Divi- curred within the Department of the Air Regulations, Office of the Secretary, Depart- sion Chief of Regulatory Affairs, Bureau of Force and was assigned Air Force case num- ment of Housing and Urban Development, Land Management, Department of the Inte- ber 10–04; to the Committee on Appropria- transmitting, pursuant to law, the report of rior, transmitting, pursuant to law, the re- tions. a rule entitled ‘‘Supplemental Standards of port of a rule entitled ‘‘Segregation of EC–7150. A communication from the Under Ethical Conduct for Employees of the De- Lands—Renewable Energy’’ (RIN1004–AE19) Secretary of Defense (Policy), transmitting, partment of Housing and Urban Develop- received during adjournment of the Senate pursuant to law, the Department of De- ment’’ (RIN2506–AC55) received during ad- in the Office of the President of the Senate fense’s 2012 report to Congress entitled ‘‘The journment of the Senate in the Office of the on August 9, 2012; to the Committee on En- Worldwide Nuclear, Biological, and Chemical President of the Senate on August 15, 2012; to ergy and Natural Resources. Weapons and Ballistic and Cruise Missile the Committee on Banking, Housing, and EC–7170. A communication from the Divi- Threat’’ (DCN OSS 2012–1272); to the Com- Urban Affairs. sion Chief of Regulatory Affairs, Bureau of mittee on Armed Services. EC–7161. A communication from the Chair- Land Management, Department of the Inte- EC–7151. A communication from the Under man and President of the Export-Import rior, transmitting, pursuant to law, the re- Secretary of Defense (Personnel and Readi- Bank, transmitting, pursuant to law, a re- port of a rule entitled ‘‘Administration of ness), transmitting a report on the approved port relative to a transaction involving U.S. Mining Claims and Sites’’ (RIN1004–AE27) re- retirement of General Craig R. McKinley, exports to United Arab Emirates (U.A.E.); to ceived during adjournment of the Senate in Air National Guard of the United States, and the Committee on Banking, Housing, and the Office of the President of the Senate on his advancement to the grade of general on Urban Affairs. August 9, 2012; to the Committee on Energy the retired list; to the Committee on Armed EC–7162. A communication from the Chief and Natural Resources. Services. Counsel, Federal Emergency Management EC–7171. A communication from the Gen- EC–7152. A communication from the Under Agency, Department of Homeland Security, eral Counsel, Federal Energy Regulatory Secretary of Defense (Personnel and Readi- transmitting, pursuant to law, the report of Commission, transmitting, pursuant to law, ness), transmitting a report on the approved a rule entitled ‘‘Final Flood Elevation Deter- the report of a rule entitled ‘‘Standards for

VerDate Mar 15 2010 04:43 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.045 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6057 Business Practices of Interstate Natural Gas ture Requirements for the 1997 8-Hour Ozone ment of the Senate in the Office of the Presi- Pipelines’’ (RIN1902–AE46) received during and the 1997 and 2006 Fine Particulate Matter dent of the Senate on August 7, 2012; to the adjournment of the Senate in the Office of National Ambient Air Quality Standards’’ Committee on Environment and Public the President of the Senate on August 8, (FRL No. 9711–1) received in the Office of the Works. 2012; to the Committee on Energy and Nat- President of the Senate on August 2, 2012; to EC–7187. A communication from the Direc- ural Resources. the Committee on Environment and Public tor of the Regulatory Management Division, EC–7172. A communication from the Assist- Works. Environmental Protection Agency, transmit- ant Secretary of Energy (Energy Efficiency EC–7180. A communication from the Direc- ting, pursuant to law, the report of a rule en- and Renewable Energy), transmitting, pursu- tor of the Regulatory Management Division, titled ‘‘South Dakota: Final Authorization ant to law, the semi-annual Implementation Environmental Protection Agency, transmit- of State Hazardous Waste Management Pro- Report on Energy Conservation Standards ting, pursuant to law, the report of a rule en- gram Revisions’’ (FRL No. 9712–3) received Activities of the Department of Energy; to titled ‘‘Oklahoma: Incorporation by Ref- during adjournment of the Senate in the Of- the Committee on Energy and Natural Re- erence of Approved State Hazardous Waste fice of the President of the Senate on August sources. Management Program’’ (FRL No. 9701–7) re- 7, 2012; to the Committee on Environment EC–7173. A communication from the Chief ceived in the Office of the President of the and Public Works. of the Recovery and State Grants Branch, Senate on August 2, 2012; to the Committee EC–7188. A communication from the Direc- Fish and Wildlife Service, Department of the on Environment and Public Works. tor of the Regulatory Management Division, Interior, transmitting, pursuant to law, the EC–7181. A communication from the Direc- Environmental Protection Agency, transmit- report of a rule entitled ‘‘Endangered and tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- Threatened Wildlife and Plants; Revising the Environmental Protection Agency, transmit- titled ‘‘Significant New Use Rules on Certain Special Rule for the Utah Prairie Dog’’ ting, pursuant to law, the report of a rule en- Chemical Substances’’ (FRL No. 9358–1) re- (RIN1018–AW02) received during adjournment titled ‘‘Revisions to the California State Im- ceived during adjournment of the Senate in of the Senate in the Office of the President plementation Plan, Mojave Desert, Northern the Office of the President of the Senate on of the Senate on August 6, 2012; to the Com- Sierra, Sacramento Metropolitan and San August 14, 2012; to the Committee on Envi- mittee on Environment and Public Works. Diego Air Pollution Agencies’’ (FRL No. ronment and Public Works. EC–7174. A communication from the Direc- 9687–8) received in the Office of the President EC–7189. A communication from the Direc- tor of Congressional Affairs, Nuclear Regu- of the Senate on August 2, 2012; to the Com- tor of the Regulatory Management Division, latory Commission, transmitting, pursuant mittee on Environment and Public Works. Environmental Protection Agency, transmit- to law, the report of a rule entitled ‘‘Changes EC–7182. A communication from the Direc- ting, pursuant to law, the report of a rule en- to the Generic Aging Lessons Learned tor of the Regulatory Management Division, titled ‘‘Final Confidentiality Determinations (GALL) Report Revision 2 Aging Manage- Environmental Protection Agency, transmit- for Nine Subparts and Amendments to Sub- ment Program (AMP) XI.M41, ‘Buried and ting, pursuant to law, the report of a rule en- part A and I under the Mandatory Reporting Underground Piping and Tanks’ ’’ (LR–ISG– titled ‘‘Revisions to the California State Im- of Greenhouse Gases Rule’’ (FRL No. 9706–6) 2011–03) received in the Office of the Presi- plementation Plan, Sacramento Metropoli- received during adjournment of the Senate dent of the Senate on August 2, 2012; to the tan Air Quality Management District’’ (FRL in the Office of the President of the Senate Committee on Environment and Public No. 9687–3) received in the Office of the Presi- on August 14, 2012; to the Committee on En- Works. dent of the Senate on August 2, 2012; to the vironment and Public Works. EC–7190. A communication from the Direc- EC–7175. A communication from the Direc- Committee on Environment and Public tor of the Regulatory Management Division, tor of Congressional Affairs, Nuclear Regu- Works. latory Commission, transmitting, pursuant EC–7183. A communication from the Direc- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘En- tor of the Regulatory Management Division, titled ‘‘Arkansas: Final Authorization of dorsement of Nuclear Energy Institute Guid- Environmental Protection Agency, transmit- State Hazardous Waste Management Pro- ance for Using an Alternative Method to ting, pursuant to law, the report of a rule en- gram Revision’’ (FRL No. 9713–3) received Manage Cumulative Fatigue at Nuclear titled ‘‘Approval and Promulgation of Imple- during adjournment of the Senate in the Of- Power Reactor Sites’’ (RIS 2012–09) received mentation Plans; Wisconsin; Volatile Or- fice of the President of the Senate on August during adjournment of the Senate in the Of- ganic Compound Emission Control Measures 14, 2012; to the Committee on Environment fice of the President of the Senate on August for Milwaukee and Sheboygan Ozone Non- and Public Works. 13, 2012; to the Committee on Environment attainment Areas’’ (FRL No. 9689–8) received EC–7191. A communication from the Direc- and Public Works. in the Office of the President of the Senate tor of the Regulatory Management Division, EC–7176. A communication from the Direc- on August 2, 2012; to the Committee on Envi- Environmental Protection Agency, transmit- tor of Congressional Affairs, Nuclear Regu- ronment and Public Works. ting, pursuant to law, the report of a rule en- EC–7184. A communication from the Direc- latory Commission, transmitting, pursuant titled ‘‘Approval and Promulgation of Imple- tor of the Regulatory Management Division, to law, the report of a rule entitled ‘‘Guid- mentation Plans and Operating Permits Pro- Environmental Protection Agency, transmit- ance for Evaluation of Diversity and De- gram; Commonwealth of Puerto Rico; Ad- fense-in-Depth in Digital Computer-Based ting, pursuant to law, the report of a rule en- ministrative Changes’’ (FRL No. 9714–5) re- Instrumentation and Control Systems’’ (BTP titled ‘‘Approval and Promulgation of Fed- ceived during adjournment of the Senate in 7–19 Rev. 6) received during adjournment of eral Implementation Plan for Oil and Nat- the Office of the President of the Senate on the Senate in the Office of the President of ural Gas Well Production Facilities; Fort August 14, 2012; to the Committee on Envi- the Senate on August 16, 2012; to the Com- Berthold Indian Reservation (Mandan, ronment and Public Works. mittee on Environment and Public Works. Hidatsa, and Arikara Nations), North Da- EC–7192. A communication from the Direc- EC–7177. A communication from the Direc- kota’’ (FRL No. 9710–4) received during ad- tor of the Regulatory Management Division, tor of Congressional Affairs, Nuclear Regu- journment of the Senate in the Office of the Environmental Protection Agency, transmit- latory Commission, transmitting, pursuant President of the Senate on August 6, 2012; to ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘En- the Committee on Environment and Public titled ‘‘Approval and Promulgation of Imple- dorsement of Nuclear Energy Institute Guid- Works. mentation Plans and Designation of Areas ance for Developing Seismic Hazard Informa- EC–7185. A communication from the Direc- for Air Quality Planning Purposes; Illinois; tion Requested in the 50.54(F) Letter Dated tor of the Regulatory Management Division, Ozone’’ (FRL No. 9712–8) received during ad- March 12, 2012’’ received during adjournment Environmental Protection Agency, transmit- journment of the Senate in the Office of the of the Senate in the Office of the President ting, pursuant to law, the report of a rule en- President of the Senate on August 14, 2012; to of the Senate on August 16, 2012; to the Com- titled ‘‘New Source Performance Standards the Committee on Environment and Public mittee on Environment and Public Works. Review for Nitric Acid Plants’’ (FRL No. Works. EC–7178. A communication from the Direc- 9667–3) received during adjournment of the EC–7193. A communication from the Direc- tor of the Regulatory Management Division, Senate in the Office of the President of the tor of the Regulatory Management Division, Environmental Protection Agency, transmit- Senate on August 7, 2012; to the Committee Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- on Environment and Public Works. ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Imple- EC–7186. A communication from the Direc- titled ‘‘Source Specific Federal Implementa- mentation Plans; State of Hawaii; Update to tor of the Regulatory Management Division, tion Plan for Implementing Best Available Materials Incorporated by Reference’’ (FRL Environmental Protection Agency, transmit- Retrofit Technology for Four Corners Power No. 9712–2) received in the Office of the Presi- ting, pursuant to law, the report of a rule en- Plant: Navajo Nation’’ (FRL No. 9715–9) re- dent of the Senate on August 2, 2012; to the titled ‘‘Determination of Failure to Attain ceived during adjournment of the Senate in Committee on Environment and Public the One-Hour Ozone Standard by 2007, Deter- the Office of the President of the Senate on Works. mination of Current Attainment of the One- August 14, 2012; to the Committee on Envi- EC–7179. A communication from the Direc- Hour Ozone Standard, Determinations of At- ronment and Public Works. tor of the Regulatory Management Division, tainment of the 1997 Eight-Hour Ozone EC–7194. A communication from the Direc- Environmental Protection Agency, transmit- Standards for the New York-Northern New tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- Jersey-Long Island Nonattainment Area in Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of State Connecticut, New Jersey and New York’’ ting, pursuant to law, the report of a rule en- Implementation Plans; Hawaii; Infrastruc- (FRL No. 9696–2) received during adjourn- titled ‘‘Approval and Promulgation of Air

VerDate Mar 15 2010 04:43 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.048 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6058 CONGRESSIONAL RECORD — SENATE September 10, 2012 Quality Implementation Plans; New Hamp- EC–7202. A communication from the Direc- cility Prospective Payment System for Fed- shire; Hot Mix Asphalt Plants’’ (FRL No. tor of the Regulatory Management Division, eral Fiscal Year 2013’’ (RIN0938–AR21) re- 9719–1) received during adjournment of the Environmental Protection Agency, transmit- ceived during adjournment of the Senate in Senate in the Office of the President of the ting, pursuant to law, the report of a rule en- the Office of the President of the Senate on Senate on August 17, 2012; to the Committee titled ‘‘National Emission Standards for Haz- August 6, 2012; to the Committee on Finance. on Environment and Public Works. ardous Air Pollutant Emissions: Hard and EC–7211. A communication from the Pro- EC–7195. A communication from the Direc- Decorative Chromium Electroplating and gram Manager, Centers for Medicare and tor of the Regulatory Management Division, Chromium Anodizing Tanks; and Steel Pick- Medicaid Services, Department of Health Environmental Protection Agency, transmit- ling—HC1 Process Facilities and Hydro- and Human Services, transmitting, pursuant ting, pursuant to law, the report of a rule en- chloric Acid Regeneration Plants’’ (FRL No. to law, the report of a rule entitled ‘‘Admin- titled ‘‘Approval and Promulgation of Air 9709–9) received during adjournment of the istrative Simplification: Adoption of Oper- Quality Implementation Plans; New Hamp- Senate in the Office of the President of the ating Rules for Health Care Electronic Funds shire; Regional Haze’’ (FRL No. 9716–7) re- Senate on August 21, 2012; to the Committee Transfer (EFT) and Remittance Advice ceived during adjournment of the Senate in on Environment and Public Works. Transactions’’ (RIN0938–AR01) received dur- the Office of the President of the Senate on EC–7203. A communication from the Chief ing adjournment of the Senate in the Office August 17, 2012; to the Committee on Envi- of the Publications and Regulations Branch, of the President of the Senate on August 8, ronment and Public Works. Internal Revenue Service, Department of the 2012; to the Committee on Finance. EC–7196. A communication from the Direc- Treasury, transmitting, pursuant to law, the EC–7212. A joint communication from the tor of the Regulatory Management Division, report of a rule entitled ‘‘Deductions for En- Deputy Assistant Administrator for Legisla- Environmental Protection Agency, transmit- tertainment Use of Business Aircraft’’ tive and Public Affairs, U.S. Agency for ting, pursuant to law, the report of a rule en- ((RIN1545–BK34) (TD 9597)) received during International Development (USAID) and the titled ‘‘Approval and Promulgation of Imple- adjournment of the Senate in the Office of Assistant Secretary, Legislative Affairs, De- mentation Plans; Tennessee; Knoxville; Fine the President of the Senate on August 6, partment of State, transmitting, pursuant to Particulate Matter 2002 Base Year Emissions 2012; to the Committee on Finance. law, a report entitled ‘‘Joint Summary of Inventory’’ (FRL No. 9717–5) received during EC–7204. A communication from the Chief Performance and Financial Information for adjournment of the Senate in the Office of of the Publications and Regulations Branch, Fiscal Year 2011’’; to the Committee on For- the President of the Senate on August 17, Internal Revenue Service, Department of the eign Relations. 2012; to the Committee on Environment and Treasury, transmitting, pursuant to law, the EC–7213. A communication from the Assist- Public Works. report of a rule entitled ‘‘Fast Track Settle- ant Legal Adviser for Treaty Affairs, Depart- EC–7197. A communication from the Direc- ment for TE/GE Taxpayers’’ (Announcement ment of State, transmitting, pursuant to the tor of the Regulatory Management Division, 2012–34) received during adjournment of the Case-Zablocki Act, 1 U.S.C. 112b, as amended, Environmental Protection Agency, transmit- the report of the texts and background state- Senate in the Office of the President of the ting, pursuant to law, the report of a rule en- ments of international agreements, other Senate on August 20, 2012; to the Committee titled ‘‘Approval and Promulgation of Air than treaties (List 2012–0097—2012–0111); to on Finance. Quality Implementation Plans; Connecticut, EC–7205. A communication from the Chief the Committee on Foreign Relations. Massachusetts, and Rhode Island; Reason- EC–7214. A communication from the Assist- of the Publications and Regulations Branch, able Further Progress Plans and 2002 Base ant Secretary, Legislative Affairs, Depart- Internal Revenue Service, Department of the Year Emission Inventories’’ (FRL No. 9672–5) ment of State, transmitting, pursuant to Treasury, transmitting, pursuant to law, the received during adjournment of the Senate law, a report relative to the establishment of report of a rule entitled ‘‘Update of Weighted in the Office of the President of the Senate a Danger Pay Allowance for Mali; to the Average Interest Rates, Yield Curves, and on August 17, 2012; to the Committee on En- Committee on Foreign Relations. Segment Rates’’ (Notice 2012–53) received vironment and Public Works. EC–7215. A communication from the Assist- EC–7198. A communication from the Direc- during adjournment of the Senate in the Of- ant Secretary, Legislative Affairs, Depart- tor of the Regulatory Management Division, fice of the President of the Senate on August ment of State, transmitting, pursuant to Environmental Protection Agency, transmit- 20, 2012; to the Committee on Finance. law, a report relative to the International EC–7206. A communication from the Sec- ting, pursuant to law, the report of a rule en- Labor Organization Recommendations con- titled ‘‘Approval and Promulgation of Air retary of Health and Human Services, trans- cerning Decent Work for Domestic Workers Quality Implementation Plans; Nevada; Re- mitting, pursuant to law, the Medicare Com- (Nos. 189 and 201), adopted by the 100th ses- gional Haze State and Federal Implementa- petitive Acquisition Ombudsman’s 2010 An- sion of the International Labor Conference tion Plans; BART Determination for Reid nual Report to Congress; to the Committee at Geneva; to the Committee on Foreign Re- Gardner Generating Station’’ (FRL No. 9700– on Finance. lations. EC–7207. A communication from the Senior 4) received during adjournment of the Senate EC–7216. A communication from the Assist- Counsel for Regulatory Affairs, Depart- in the Office of the President of the Senate ant Secretary, Bureau of Political-Military on August 17, 2012; to the Committee on En- mental Offices, Department of the Treasury, Affairs, Department of State, transmitting, vironment and Public Works. transmitting, pursuant to law, the report of pursuant to law, an addendum to a certifi- EC–7199. A communication from the Direc- a rule entitled ‘‘Department of the Treasury cation, transmittal number: DDTC 12–069, of tor of the Regulatory Management Division, Acquisition Regulation; Internet Payment the proposed sale or export of defense arti- Environmental Protection Agency, transmit- Platform’’ (RIN1505–AC41) received during cles and/or defense services to a Middle East ting, pursuant to law, the report of a rule en- adjournment of the Senate in the Office of country regarding any possible affects such a titled ‘‘Approval and Promulgation of Imple- the President of the Senate on August 8, sale might have relating to Israel’s Quali- mentation Plans; State of Oregon; Regional 2012; to the Committee on Finance. tative Military Edge over military threats to Haze State Implementation Plan’’ (FRL No. EC–7208. A communication from the Pro- Israel; to the Committee on Foreign Rela- 9718–9) received during adjournment of the gram Manager, Centers for Medicare and tions. Senate in the Office of the President of the Medicaid Services, Department of Health EC–7217. A communication from the Assist- Senate on August 17, 2012; to the Committee and Human Services, transmitting, pursuant ant Secretary, Bureau of Political-Military on Environment and Public Works. to law, the report of a rule entitled ‘‘Medi- Affairs, Department of State, transmitting, EC–7200. A communication from the Direc- care Program; Inpatient Psychiatric Facili- pursuant to law, an addendum to a certifi- tor of the Regulatory Management Division, ties Prospective Payment System—Update cation, transmittal number: DDTC 12–101, of Environmental Protection Agency, transmit- for Fiscal Year Beginning October 1, 2012 (FY the proposed sale or export of defense arti- ting, pursuant to law, the report of a rule en- 2013)’’ (RIN0938–AR22) received in the Office cles and/or defense services to a Middle East titled ‘‘Revisions to the California State Im- of the President of the Senate on August 2, country regarding any possible affects such a plementation Plan, San Joaquin Valley Uni- 2012; to the Committee on Finance. sale might have relating to Israel’s Quali- fied Air Pollution Control District’’ (FRL EC–7209. A communication from the Pro- tative Military Edge over military threats to No. 9691–1) received during adjournment of gram Manager, Centers for Medicare and Israel; to the Committee on Foreign Rela- the Senate in the Office of the President of Medicaid Services, Department of Health tions. the Senate on August 17, 2012; to the Com- and Human Services, transmitting, pursuant EC–7218. A communication from the Assist- mittee on Environment and Public Works. to law, the report of a rule entitled ‘‘Medi- ant Secretary, Bureau of Political-Military EC–7201. A communication from the Direc- care Program; Prospective Payment System Affairs, Department of State, transmitting, tor of the Regulatory Management Division, and Consolidated Billing for Skilled Nursing pursuant to law, an addendum to a certifi- Environmental Protection Agency, transmit- Facilities for FY 2013’’ (RIN0938–AR20) re- cation, transmittal number: DDTC 12–066, of ting, pursuant to law, the report of a rule en- ceived during adjournment of the Senate in the proposed sale or export of defense arti- titled ‘‘LAND DISPOSAL RESTRICTIONS: the Office of the President of the Senate on cles and/or defense services to a Middle East Site-Specific Treatment Variance for Haz- August 6, 2012; to the Committee on Finance. country regarding any possible affects such a ardous Selenium-Bearing Waste Treated by EC–7210. A communication from the Pro- sale might have relating to Israel’s Quali- U.S. Ecology Nevada in Beatty, NV’’ (FRL gram Manager, Centers for Medicare and tative Military Edge over military threats to No. 9715–3) received during adjournment of Medicaid Services, Department of Health Israel; to the Committee on Foreign Rela- the Senate in the Office of the President of and Human Services, transmitting, pursuant tions. the Senate on August 21, 2012; to the Com- to law, the report of a rule entitled ‘‘Medi- EC–7219. A communication from the Assist- mittee on Environment and Public Works. care Program; Inpatient Rehabilitation Fa- ant Secretary, Bureau of Political-Military

VerDate Mar 15 2010 04:43 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.050 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6059 Affairs, Department of State, transmitting, EC–7230. A communication from the Assist- terrorism Preparedness and Response Act of pursuant to law, an addendum to a certifi- ant Secretary, Legislative Affairs, Depart- 2002, the Medical Device User Fee and Mod- cation, transmittal number: DDTC 12–091, of ment of State, transmitting, certification of ernization Act of 2002, and Title II of the the proposed sale or export of defense arti- proposed issuance of an export license pursu- Food and Drug Administration Amendments cles and/or defense services to a Middle East ant to section 36(c) of the Arms Export Con- Act of 2007’’ ((RIN0910–AF88) (Docket No. country regarding any possible affects such a trol Act (Transmittal No. DDTC 12–063); to FDA–2009–N–0114)) received during adjourn- sale might have relating to Israel’s Quali- the Committee on Foreign Relations. ment of the Senate in the Office of the Presi- tative Military Edge over military threats to EC–7231. A communication from the Assist- dent of the Senate on August 16, 2012; to the Israel; to the Committee on Foreign Rela- ant Secretary, Legislative Affairs, Depart- Committee on Health, Education, Labor, and tions. ment of State, transmitting, certification of Pensions. EC–7220. A communication from the Assist- proposed issuance of an export license pursu- EC–7242. A communication from the Dep- ant Secretary, Bureau of Political-Military ant to section 36(c) of the Arms Export Con- uty Director for Policy, Legislative and Reg- Affairs, Department of State, transmitting, trol Act (Transmittal No. DDTC 12–097); to ulatory Department, Pension Benefit Guar- pursuant to law, an addendum to a certifi- the Committee on Foreign Relations. anty Corporation, transmitting, pursuant to cation, transmittal number: DDTC 12–096, of EC–7232. A communication from the Assist- law, the report of a rule entitled ‘‘Benefits the proposed sale or export of defense arti- ant Secretary, Legislative Affairs, Depart- Payable in Terminated Single-Employer cles and/or defense services to a Middle East ment of State, transmitting, certification of Plans; Interest Assumptions for Valuing and country regarding any possible affects such a proposed issuance of an export license pursu- Paying Benefits’’ (29 CFR Part 4022) received sale might have relating to Israel’s Quali- ant to section 36(c) of the Arms Export Con- during adjournment of the Senate in the Of- tative Military Edge over military threats to trol Act (Transmittal No. DDTC 12–076); to fice of the President of the Senate on August Israel; to the Committee on Foreign Rela- the Committee on Foreign Relations. 8, 2012; to the Committee on Health, Edu- tions. EC–7233. A communication from the Assist- cation, Labor, and Pensions. EC–7221. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- EC–7243. A communication from the Direc- ant Secretary, Legislative Affairs, Depart- ment of State, transmitting, certification of tor, Directorate of Construction, Occupa- ment of State, transmitting, notice of pro- proposed issuance of an export license pursu- tional Safety and Health Administration, posed permanent transfer of significant mili- ant to section 36(c) of the Arms Export Con- transmitting, pursuant to law, the report of tary equipment pursuant to section 3(d) of trol Act (Transmittal No. DDTC 12–101); to a rule entitled ‘‘Cranes and Derricks in Con- the Arms Export Control Act (Transmittal the Committee on Foreign Relations. struction: Demolition and Underground Con- No. RSAT–12–2993); to the Committee on For- EC–7234. A communication from the Assist- struction’’ (RIN1218–AC61) received during eign Relations. ant Secretary, Legislative Affairs, Depart- adjournment of the Senate in the Office of EC–7222. A communication from the Assist- ment of State, transmitting, certification of the President of the Senate on August 21, ant Secretary, Legislative Affairs, Depart- proposed issuance of an export license pursu- 2012; to the Committee on Health, Education, ment of State, transmitting, notice of pro- ant to sections 36(c) and 36(d) of the Arms Labor, and Pensions. posed permanent transfer of significant mili- Export Control Act (Transmittal No. DDTC EC–7244. A communication from the Assist- tary equipment pursuant to section 3(d) of 12–081); to the Committee on Foreign Rela- ant General Counsel for Regulatory Services, the Arms Export Control Act (Transmittal tions. Office of Special Education and Rehabilita- No. RSAT–12–2991); to the Committee on For- EC–7235. A communication from the Assist- tive Services, Department of Education, eign Relations. ant Secretary, Legislative Affairs, Depart- transmitting, pursuant to law, the report of EC–7223. A communication from the Assist- ment of State, transmitting, certification of a rule entitled ‘‘National Institute on Dis- ant Secretary, Legislative Affairs, Depart- proposed issuance of an export license pursu- ability and Rehabilitation Research ment of State, transmitting, notice of pro- ant to sections 36(c) and 36(d) of the Arms (NIDRR)—Disability and Rehabilitation Re- posed permanent transfer of significant mili- Export Control Act (Transmittal No. DDTC search Projects and Centers Program—Reha- tary equipment pursuant to section 3(d) of 12–085); to the Committee on Foreign Rela- bilitation Research Training Center (RRTCs) the Arms Export Control Act (Transmittal tions. on Vocational Rehabilitation (VR) and De- No. RSAT–12–2992); to the Committee on For- EC–7236. A communication from the Assist- veloping Strategies to Meet Employer Needs eign Relations. ant Secretary, Legislative Affairs, Depart- in Changing Economic Environments’’ EC–7224. A communication from the Assist- ment of State, transmitting, certification of (CFDA No. 84.133B–1) received during ad- ant Secretary, Legislative Affairs, Depart- proposed issuance of an export license pursu- journment of the Senate in the Office of the ment of State, transmitting, certification of ant to sections 36(c) and 36(d) of the Arms President of the Senate on August 7, 2012; to proposed issuance of an export license pursu- Export Control Act (Transmittal No. DDTC the Committee on Health, Education, Labor, ant to section 36(c) of the Arms Export Con- 12–099); to the Committee on Foreign Rela- and Pensions. trol Act (Transmittal No. DDTC 12–075); to tions. EC–7245. A communication from the Execu- the Committee on Foreign Relations. EC–7237. A communication from the Assist- tive Analyst (Political), Department of EC–7225. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- Health and Human Services, transmitting, ant Secretary, Legislative Affairs, Depart- ment of State, transmitting, certification of pursuant to law, a report relative to a va- ment of State, transmitting, certification of proposed issuance of an export license pursu- cancy in the position of Assistant Secretary proposed issuance of an export license pursu- ant to sections 36(c) and 36(d) of the Arms for Planning and Evaluation, Department of ant to section 36(c) of the Arms Export Con- Export Control Act (Transmittal No. DDTC Health and Human Services, received during trol Act (Transmittal No. DDTC 12–110); to 12–073); to the Committee on Foreign Rela- adjournment of the Senate in the Office of the Committee on Foreign Relations. tions. the President of the Senate on August 8, EC–7226. A communication from the Assist- EC–7238. A communication from the Rail- 2012; to the Committee on Health, Education, ant Secretary, Legislative Affairs, Depart- road Retirement Board, transmitting, pursu- Labor, and Pensions. ment of State, transmitting, certification of ant to law, the Board’s 2012 Annual Report EC–7246. A communication from the Gen- proposed issuance of an export license pursu- for fiscal year 2011; to the Committee on eral Counsel, Office of Management and ant to section 36(c) of the Arms Export Con- Health, Education, Labor, and Pensions. Budget, Executive Office of the President, trol Act (Transmittal No. DDTC 12–034); to EC–7239. A communication from the Sec- transmitting, pursuant to law, the report of the Committee on Foreign Relations. retary of Health and Human Services, trans- a rule entitled ‘‘Cost Accounting Standards: EC–7227. A communication from the Assist- mitting, pursuant to law, a report entitled Cost Accounting Standards 412 and 413—Cost ant Secretary, Legislative Affairs, Depart- ‘‘Annual Report to Congress on Food Facili- Accounting Standards Pension Harmoni- ment of State, transmitting, certification of ties, Food Imports, and FDA Foreign Offices zation Rule’’ (48 CFR Part 9904) received dur- proposed issuance of an export license pursu- Provisions of the FDA Food Safety Mod- ing adjournment of the Senate in the Office ant to section 36(c) of the Arms Export Con- ernization Act’’; to the Committee on of the President of the Senate on August 21, trol Act (Transmittal No. DDTC 12–039); to Health, Education, Labor, and Pensions. 2012; to the Committee on Homeland Secu- the Committee on Foreign Relations. EC–7240. A communication from the Sec- rity and Governmental Affairs. EC–7228. A communication from the Assist- retary of Health and Human Services, trans- EC–7247. A communication from the Gen- ant Secretary, Legislative Affairs, Depart- mitting, pursuant to law, the Performance eral Counsel, Office of Management and ment of State, transmitting, certification of Report of the Food and Drug Administra- Budget, Executive Office of the President, proposed issuance of an export license pursu- tion’s Office of Combination Products for fis- transmitting, pursuant to law, (4) four re- ant to section 36(c) of the Arms Export Con- cal year 2011; to the Committee on Health, ports relative to vacancies within the Office trol Act (Transmittal No. DDTC 12–052); to Education, Labor, and Pensions. of Management and Budget, received during the Committee on Foreign Relations. EC–7241. A communication from the Direc- adjournment of the Senate in the Office of EC–7229. A communication from the Assist- tor of Regulations and Policy Management the President of the Senate on August 21, ant Secretary, Legislative Affairs, Depart- Staff, Food and Drug Administration, De- 2012; to the Committee on Homeland Secu- ment of State, transmitting, certification of partment of Health and Human Services, rity and Governmental Affairs. proposed issuance of an export license pursu- transmitting, pursuant to law, the report of EC–7248. A communication from the Execu- ant to section 36(c) of the Arms Export Con- a rule entitled ‘‘Implementation of Device tive Director for Operations, Nuclear Regu- trol Act (Transmittal No. DDTC 12–057); to Registration and Listing Requirements En- latory Commission, transmitting, pursuant the Committee on Foreign Relations. acted in the Public Health Security and Bio- to law, the Uniform Resource Locator (URL)

VerDate Mar 15 2010 04:43 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.052 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6060 CONGRESSIONAL RECORD — SENATE September 10, 2012 for the Commission’s commercial activities Anti-Piracy Warning Seal Program’’ works, Lake Erie, Bay Village, OH’’ inventory; to the Committee on Homeland (RIN1110–AA32) received during adjournment ((RIN1625–AA00) (Docket No. USCG–2012– Security and Governmental Affairs. of the Senate in the Office of the President 0553)) received during adjournment of the EC–7249. A communication from the Chair- of the Senate on August 7, 2012; to the Com- Senate in the Office of the President of the man of the National Transportation Safety mittee on the Judiciary. Senate on August 6, 2012; to the Committee Board, transmitting, pursuant to law, the EC–7261. A communication from the Fed- on Commerce, Science, and Transportation. Board’s Fiscal Year 2011 Annual Report on eral Liaison Officer, Patent and Trademark EC–7269. A communication from the Attor- The Notification and Federal Employee Office, Department of Commerce, transmit- ney, U.S. Coast Guard, Department of Home- Antidiscrimination and Retaliation Act of ting, pursuant to law, the report of a rule en- land Security, transmitting, pursuant to 2002; to the Committee on Homeland Secu- titled ‘‘Revision of Patent Term Adjustment law, the report of a rule entitled ‘‘Safety rity and Governmental Affairs. Provisions Relating to Appellate Review’’ Zone; Independence Day Fireworks Celebra- EC–7250. A communication from the Chair- (RIN0651–AC63) received during adjournment tion for the City of Richmond, Richmond man of the Council of the District of Colum- of the Senate in the Office of the President Inner Harbor, Richmond, CA’’ ((RIN1625– bia, transmitting, pursuant to law, a report of the Senate on August 17, 2012; to the Com- AA00) (Docket No. USCG–2012–0419)) received on D.C. Act 19–416, ‘‘Wrongful Death Act of mittee on the Judiciary. during adjournment of the Senate in the Of- 2012’’; to the Committee on Homeland Secu- EC–7262. A communication from the Dep- fice of the President of the Senate on August rity and Governmental Affairs. uty General Counsel, Office of Surety Guar- 6, 2012; to the Committee on Commerce, EC–7251. A communication from the Chair- antees, Small Business Administration, Science, and Transportation. man of the Council of the District of Colum- transmitting, pursuant to law, the report of EC–7270. A communication from the Attor- bia, transmitting, pursuant to law, a report a rule entitled ‘‘Surety Bond Guarantee Pro- ney, U.S. Coast Guard, Department of Home- on D.C. Act 19–431, ‘‘8th Street Plaza Condo- gram—Quick Bond Application and Agree- land Security, transmitting, pursuant to minium Association, Inc. Clarification Act ment’’ (RIN3245–AG39) received during ad- law, the report of a rule entitled ‘‘Safety of 2012’’; to the Committee on Homeland Se- journment of the Senate in the Office of the Zone; City of Tonawanda July 4th’’ curity and Governmental Affairs. President of the Senate on August 8, 2012; to ((RIN1625–AA00) (Docket No. USCG–2012– EC–7252. A communication from the Chair- the Committee on Small Business and Entre- 0352)) received during adjournment of the man of the Council of the District of Colum- preneurship. Senate in the Office of the President of the bia, transmitting, pursuant to law, a report EC–7263. A communication from the Attor- Senate on August 6, 2012; to the Committee on D.C. Act 19–432, ‘‘Closing of Public Alleys ney, U.S. Coast Guard, Department of Home- on Commerce, Science, and Transportation. in Square 901, S.O. 11–5228, Act of 2012’’; to land Security, transmitting, pursuant to EC–7271. A communication from the Attor- the Committee on Homeland Security and law, the report of a rule entitled ‘‘Safety ney, U.S. Coast Guard, Department of Home- Governmental Affairs. Zone; Kemah Boardwalk Summer Season land Security, transmitting, pursuant to EC–7253. A communication from the Chair- Fireworks, Galveston Bay, Kemah, TX’’ law, the report of a rule entitled ‘‘Safety man of the Council of the District of Colum- ((RIN1625–AA00) (Docket No. USCG–2012– Zone; Belle Pass Dredge Operations, Belle bia, transmitting, pursuant to law, a report 0240)) received during adjournment of the Pass, Mile Marker 1.0 to Mile Marker (-0.2), on D.C. Act 19–433, ‘‘Downtown BID Amend- Senate in the Office of the President of the Prot Fourchon, Lafourche Parish, LA’’ ment Act of 2012’’; to the Committee on Senate on August 6, 2012; to the Committee ((RIN1625–AA00) (Docket No. USCG–2012– Homeland Security and Governmental Af- on Commerce, Science, and Transportation. 0392)) received during adjournment of the fairs. EC–7264. A communication from the Attor- Senate in the Office of the President of the EC–7254. A communication from the Chair- ney, U.S. Coast Guard, Department of Home- Senate on August 6, 2012; to the Committee man of the Council of the District of Colum- land Security, transmitting, pursuant to on Commerce, Science, and Transportation. bia, transmitting, pursuant to law, a report law, the report of a rule entitled ‘‘Safety EC–7272. A communication from the Attor- on D.C. Act 19–434, ‘‘Sign Regulation Tem- Zone; Alexandria Bay Chamber of Com- ney, U.S. Coast Guard, Department of Home- porary Amendment Act of 2012’’; to the Com- merce, St. Lawrence River, Alexandria Bay, land Security, transmitting, pursuant to mittee on Homeland Security and Govern- NY’’ ((RIN1625–AA00) (Docket No. USCG– law, the report of a rule entitled ‘‘Safety mental Affairs. 2012–0353)) received during adjournment of Zone; International Bridge 50th Anniversary EC–7255. A communication from the Chair- the Senate in the Office of the President of Celebration Fireworks, St. Mary’s River, man of the Council of the District of Colum- the Senate on August 6, 2012; to the Com- U.S. Army Corps of Engineers Locks, Sault bia, transmitting, pursuant to law, a report mittee on Commerce, Science, and Transpor- Sainte Marie, MI’’ ((RIN1625–AA00) (Docket on D.C. Act 19–435, ‘‘Residential Parking tation. No. USCG–2012–0200)) received during ad- Protection Amendment Act of 2012’’; to the EC–7265. A communication from the Attor- journment of the Senate in the Office of the Committee on Homeland Security and Gov- ney, U.S. Coast Guard, Department of Home- President of the Senate on August 6, 2012; to ernmental Affairs. land Security, transmitting, pursuant to the Committee on Commerce, Science, and EC–7256. A communication from the Chair- law, the report of a rule entitled ‘‘Safety Transportation. man of the Council of the District of Colum- Zone; Alexandria Bay Chamber of Com- EC–7273. A communication from the Attor- bia, transmitting, pursuant to law, a report merce, St. Lawrence River, Alexandria Bay, ney, U.S. Coast Guard, Department of Home- on D.C. Act 19–436, ‘‘Criminal Penalty for Un- NY’’ ((RIN1625–AA00) (Docket No. USCG– land Security, transmitting, pursuant to registered Motorist Repeal Amendment Act 2012–0353)) received during adjournment of law, the report of a rule entitled ‘‘Safety of 2012’’; to the Committee on Homeland Se- the Senate in the Office of the President of Zone; Upper Mississippi River, Mile 183.0 to curity and Governmental Affairs. the Senate on August 6, 2012; to the Com- 183.5’’ ((RIN1625–AA00) (Docket No. USCG– EC–7257. A communication from the Chair- mittee on Commerce, Science, and Transpor- 2012–0315)) received during adjournment of man of the Council of the District of Colum- tation. the Senate in the Office of the President of bia, transmitting, pursuant to law, a report EC–7266. A communication from the Attor- the Senate on August 6, 2012; to the Com- on D.C. Act 19–437, ‘‘Taxicab Service Im- ney, U.S. Coast Guard, Department of Home- mittee on Commerce, Science, and Transpor- provement Amendment Act of 2012’’; to the land Security, transmitting, pursuant to tation. Committee on Homeland Security and Gov- law, the report of a rule entitled ‘‘Safety EC–7274. A communication from the Attor- ernmental Affairs. Zone; City of Tonawanda July 4th Celebra- ney, U.S. Coast Guard, Department of Home- EC–7258. A communication from the Chair- tion, Niagara River, Tonawanda, NY’’ land Security, transmitting, pursuant to man of the Council of the District of Colum- ((RIN1625–AA00) (Docket No. USCG–2012– law, the report of a rule entitled ‘‘Safety bia, transmitting, pursuant to law, a report 0352)) received during adjournment of the Zone; Olcott Fireworks, Lake Ontario, on D.C. Act 19–438, ‘‘Collaborative Care Ex- Senate in the Office of the President of the Olcott, NY’’ ((RIN1625–AA00) (Docket No. pansion Amendment Act of 2012’’; to the Senate on August 6, 2012; to the Committee USCG–2012–0351)) received during adjourn- Committee on Homeland Security and Gov- on Commerce, Science, and Transportation. ment of the Senate in the Office of the Presi- ernmental Affairs. EC–7267. A communication from the Attor- dent of the Senate on August 6, 2012; to the EC–7259. A communication from the Senior ney-Advisor, U.S. Coast Guard, Department Committee on Commerce, Science, and Counsel to the Deputy Attorney General, Of- of Homeland Security, transmitting, pursu- Transportation. fice of the Attorney General, Department of ant to law, the report of a rule entitled EC–7275. A communication from the Attor- Justice, transmitting, pursuant to law, the ‘‘Safety Zone; Electric Zoo Fireworks, East ney, U.S. Coast Guard, Department of Home- report of a rule entitled ‘‘National Standards River, Randall’s Island, NY’’ ((RIN1625–AA00) land Security, transmitting, pursuant to To Prevent, Detect, and Respond to Prison (Docket No. USCG–2012–0588)) received dur- law, the report of a rule entitled ‘‘Safety Rape’’ (RIN1105–AB34) received during ad- ing adjournment of the Senate in the Office Zone; Marine Week Cleveland, Lake Erie, journment of the Senate in the Office of the of the President of the Senate on August 6, Cleveland, OH’’ ((RIN1625–AA00) (Docket No. President of the Senate on August 7, 2012; to 2012; to the Committee on Commerce, USCG–2012–0462)) received during adjourn- the Committee on the Judiciary. Science, and Transportation. ment of the Senate in the Office of the Presi- EC–7260. A communication from the Assist- EC–7268. A communication from the Attor- dent of the Senate on August 6, 2012; to the ant General Counsel, Federal Bureau of In- ney, U.S. Coast Guard, Department of Home- Committee on Commerce, Science, and vestigation, Department of Justice, trans- land Security, transmitting, pursuant to Transportation. mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘Safety EC–7276. A communication from the Attor- entitled ‘‘Federal Bureau of Investigation Zone; Bay Village Independence Day Fire- ney-Advisor, U.S. Coast Guard, Department

VerDate Mar 15 2010 04:43 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.054 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6061 of Homeland Security, transmitting, pursu- President of the Senate on August 6, 2012; to 2012–0624)) received during adjournment of ant to law, the report of a rule entitled the Committee on Commerce, Science, and the Senate in the Office of the President of ‘‘Safety Zone; City of Ogdensburg Fireworks, Transportation. the Senate on August 6, 2012; to the Com- St. Lawrence River, Ogdensburg, NY’’ EC–7284. A communication from the Attor- mittee on Commerce, Science, and Transpor- ((RIN1625–AA00) (Docket No. USCG–2012– ney-Advisor, U.S. Coast Guard, Department tation. 0608)) received during adjournment of the of Homeland Security, transmitting, pursu- EC–7292. A communication from the Attor- Senate in the Office of the President of the ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department Senate on August 6, 2012; to the Committee ‘‘Safety Zone; Village of Sackets Harbor, of Homeland Security, transmitting, pursu- on Commerce, Science, and Transportation. Lake Ontario, Sackets Harbor, NY’’ ant to law, the report of a rule entitled EC–7277. A communication from the Attor- ((RIN1625–AA00) (Docket No. USCG–2012– ‘‘Safety Zone; Fireworks for NC NENA/APCO ney-Advisor, U.S. Coast Guard, Department 0464)) received during adjournment of the Conference, Cape Fear River, Wilmington, of Homeland Security, transmitting, pursu- Senate in the Office of the President of the NC’’ ((RIN1625–AA00) (Docket No. USCG– ant to law, the report of a rule entitled Senate on August 6, 2012; to the Committee 2012–0699)) received during adjournment of ‘‘Safety Zone; Port Valdez, Alaska Maritime on Commerce, Science, and Transportation. the Senate in the Office of the President of Highway System Ferry Terminal’’ ((RIN1625– EC–7285. A communication from the Attor- the Senate on August 6, 2012; to the Com- AA00) (Docket No. USCG–2012–0641)) received ney-Advisor, U.S. Coast Guard, Department mittee on Commerce, Science, and Transpor- during adjournment of the Senate in the Of- of Homeland Security, transmitting, pursu- tation. fice of the President of the Senate on August ant to law, the report of a rule entitled EC–7293. A communication from the Attor- 6, 2012; to the Committee on Commerce, ‘‘Safety Zone; Mentor Harbor Yachting Club ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. Fireworks, Lake Erie, Mentor, OH’’ of Homeland Security, transmitting, pursu- EC–7278. A communication from the Attor- ((RIN1625–AA00) (Docket No. USCG–2012– ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department 0356)) received during adjournment of the ‘‘Safety Zone; Conneaut 4th of July Festival, of Homeland Security, transmitting, pursu- Senate in the Office of the President of the Lake Erie, Conneaut, OH’’ ((RIN1625–AA00) ant to law, the report of a rule entitled Senate on August 6, 2012; to the Committee (Docket No. USCG–2012–0480)) received dur- ‘‘Safety Zone; Village of Sodus Point Fire- on Commerce, Science, and Transportation. ing adjournment of the Senate in the Office works Display, Sodus Bay, Sodus Point, NY’’ EC–7286. A communication from the Attor- of the President of the Senate on August 6, ((RIN1625–AA00) (Docket No. USCG–2012– ney-Advisor, U.S. Coast Guard, Department 2012; to the Committee on Commerce, 0355)) received during adjournment of the of Homeland Security, transmitting, pursu- Science, and Transportation. Senate in the Office of the President of the ant to law, the report of a rule entitled EC–7294. A communication from the Attor- Senate on August 6, 2012; to the Committee ‘‘Safety Zone for Fifth Coast Guard District ney-Advisor, U.S. Coast Guard, Department on Commerce, Science, and Transportation. Fireworks Display Currituck Sound; Corolla, of Homeland Security, transmitting, pursu- EC–7279. A communication from the Attor- NC’’ ((RIN1625–AA00) (Docket No. USCG– ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department 2012–0358)) received during adjournment of ‘‘Safety Zone; Canal Fest of the Tonawandas, of Homeland Security, transmitting, pursu- the Senate in the Office of the President of Erie Canal, Tonawanda, NY’’ ((RIN1625– ant to law, the report of a rule entitled the Senate on August 6, 2012; to the Com- AA00) (Docket No. USCG–2012–0609)) received ‘‘Safety Zone; NOBLE DISCOVERER, Outer mittee on Commerce, Science, and Transpor- during adjournment of the Senate in the Of- Continental Shelf Drillship, Chukchi and/or tation. fice of the President of the Senate on August Beaufort Seas, Alaska’’ ((RIN1625–AA00) EC–7287. A communication from the Attor- 6, 2012; to the Committee on Commerce, (Docket No. USCG–2012–0024)) received dur- ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. ing adjournment of the Senate in the Office of Homeland Security, transmitting, pursu- EC–7295. A communication from the Attor- of the President of the Senate on August 6, ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department 2012; to the Committee on Commerce, ‘‘Safety Zone; Wrangell Harbor, Wrangell, of Homeland Security, transmitting, pursu- Science, and Transportation. Alaska for 4th of July Fireworks’’ ((RIN1625– ant to law, the report of a rule entitled EC–7280. A communication from the Attor- AA00) (Docket No. USCG–2012–00565)) re- ‘‘Safety Zone; Flying Magazine Air Show, ney-Advisor, U.S. Coast Guard, Department ceived during adjournment of the Senate in Lake Winnebago, Oshkosh, WI’’ ((RIN1625– of Homeland Security, transmitting, pursu- the Office of the President of the Senate on AA00) (Docket No. USCG–2012–0635)) received ant to law, the report of a rule entitled August 6, 2012; to the Committee on Com- during adjournment of the Senate in the Of- ‘‘Safety Zones; Sellwood Bridge Project, Wil- merce, Science, and Transportation. fice of the President of the Senate on August lamette River; Portland, OR’’ ((RIN1625– EC–7288. A communication from the Attor- 6, 2012; to the Committee on Commerce, AA00) (Docket No. USCG–2012–0131)) received ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. during adjournment of the Senate in the Of- of Homeland Security, transmitting, pursu- EC–7296. A communication from the Attor- fice of the President of the Senate on August ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department 6, 2012; to the Committee on Commerce, ‘‘Safety Zone; Port of Dutch Harbor; Dutch of Homeland Security, transmitting, pursu- Science, and Transportation. Harbor, Alaska’’ ((RIN1625–AA00) (Docket ant to law, the report of a rule entitled EC–7281. A communication from the Attor- No. USCG–2012–0545)) received during ad- ‘‘Safety Zone; Tom Graves Memorial Fire- ney-Advisor, U.S. Coast Guard, Department journment of the Senate in the Office of the works, Port Bay, Wolcott, NY’’ ((RIN1625– of Homeland Security, transmitting, pursu- President of the Senate on August 6, 2012; to AA00) (Docket No. USCG–2012–0584)) received ant to law, the report of a rule entitled the Committee on Commerce, Science, and during adjournment of the Senate in the Of- ‘‘Safety Zone; KULLUK, Outer Continental Transportation. fice of the President of the Senate on August Shelf Mobile Offshore Drilling Unit (MODU); EC–7289. A communication from the Attor- 6, 2012; to the Committee on Commerce, Beaufort Sea, Alaska’’ ((RIN1625–AA00) ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. (Docket No. USCG–2011–1143)) received dur- of Homeland Security, transmitting, pursu- EC–7297. A communication from the Attor- ing adjournment of the Senate in the Office ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department of the President of the Senate on August 6, ‘‘Safety Zone; Newburgh to Beacon Swim, of Homeland Security, transmitting, pursu- 2012; to the Committee on Commerce, Newburgh, Hudson River, NY’’ ((RIN1625– ant to law, the report of a rule entitled Science, and Transportation. AA00) (Docket No. USCG–2012–0538)) received ‘‘Safety Zone; Buffalo July 4th Fireworks, EC–7282. A communication from the Attor- during adjournment of the Senate in the Of- Lake Erie, Buffalo, NY’’ ((RIN1625–AA00) ney-Advisor, U.S. Coast Guard, Department fice of the President of the Senate on August (Docket No. USCG–2012–0554)) received dur- of Homeland Security, transmitting, pursu- 6, 2012; to the Committee on Commerce, ing adjournment of the Senate in the Office ant to law, the report of a rule entitled Science, and Transportation. of the President of the Senate on August 6, ‘‘Safety Zone; Skagway Harbor, Skagway, EC–7290. A communication from the Attor- 2012; to the Committee on Commerce, Alaska for 4th of July Fireworks’’ ((RIN1625– ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. AA00) (Docket No. USCG–2012–0512)) received of Homeland Security, transmitting, pursu- EC–7298. A communication from the Attor- during adjournment of the Senate in the Of- ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department fice of the President of the Senate on August ‘‘Safety Zone; Sacramento River Closure for of Homeland Security, transmitting, pursu- 6, 2012; to the Committee on Commerce, Aerial Cable Installation, Sacramento, CA’’ ant to law, the report of a rule entitled Science, and Transportation. ((RIN1625–AA00) (Docket No. USCG–2012– ‘‘Safety Zone; Sea World San Diego Fire- EC–7283. A communication from the Attor- 0376)) received during adjournment of the works, Mission Bay; San Diego, CA’’ ney-Advisor, U.S. Coast Guard, Department Senate in the Office of the President of the ((RIN1625–AA00) (Docket No. USCG–2012– of Homeland Security, transmitting, pursu- Senate on August 6, 2012; to the Committee 0497)) received during adjournment of the ant to law, the report of a rule entitled on Commerce, Science, and Transportation. Senate in the Office of the President of the ‘‘Safety Zone; Temporary Change for Recur- EC–7291. A communication from the Attor- Senate on August 6, 2012; to the Committee ring Fifth Coast Guard District Fireworks ney-Advisor, U.S. Coast Guard, Department on Commerce, Science, and Transportation. Displays, Cavalier Golf and Yacht Club Inde- of Homeland Security, transmitting, pursu- EC–7299. A communication from the Attor- pendence Day Fireworks Display, Broad Bay; ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department Virginia Beach, VA’’ ((RIN1625–AA00) (Dock- ‘‘Safety Zone; Fireworks for NC NENA/APCO of Homeland Security, transmitting, pursu- et No. USCG–2012–0227)) received during ad- Conference, Cape Fear River, Wilmington, ant to law, the report of a rule entitled journment of the Senate in the Office of the NC’’ ((RIN1625–AA00) (Docket No. USCG– ‘‘Safety Zone; San Diego Symphony POPS

VerDate Mar 15 2010 04:43 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.056 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6062 CONGRESSIONAL RECORD — SENATE September 10, 2012 Fireworks; San Diego, CA’’ ((RIN1625–AA00) of Homeland Security, transmitting, pursu- munities from trans-national crime, includ- (Docket No. USCG–2012–0490)) received dur- ant to law, the report of a rule entitled ing violence associated with drug traf- ing adjournment of the Senate in the Office ‘‘Safety Zone; Sea World San Diego Fire- ficking, arms smuggling, illegal alien traf- of the President of the Senate on August 6, works, Mission Bay; San Diego, CA’’ ficking and smuggling, violence, and kidnap- 2012; to the Committee on Commerce, ((RIN1625–AA00) (Docket No. USCG–2012– ping along and across the international bor- Science, and Transportation. 0435)) received during adjournment of the ders of the United States, and for other pur- EC–7300. A communication from the Attor- Senate in the Office of the President of the poses (Rept. No. 112–206). ney-Advisor, U.S. Coast Guard, Department Senate on August 6, 2012; to the Committee By Mr. AKAKA, from the Committee on of Homeland Security, transmitting, pursu- on Commerce, Science, and Transportation. Indian Affairs, without amendment: ant to law, the report of a rule entitled EC–7308. A communication from the Attor- S. 3193. A bill to make technical correc- ‘‘Safety Zone; Keweenaw Waterway, Han- ney-Advisor, U.S. Coast Guard, Department tions to the legal description of certain land cock, MI’’ ((RIN1625–AA00) (Docket No. of Homeland Security, transmitting, pursu- to be held in trust for the Barona Band of USCG–2012–0469)) received during adjourn- ant to law, the report of a rule entitled Mission Indians, and for other purposes ment of the Senate in the Office of the Presi- ‘‘Safety Zone, Naval Helicopter Association (Rept. No. 112–207). dent of the Senate on August 6, 2012; to the Reunion Helicopter Demonstration, Eliza- By Mr. BAUCUS, from the Committee on Committee on Commerce, Science, and beth River, Norfolk, VA’’ ((RIN1625–AA00) Finance, without amendment: Transportation. (Docket No. USCG–2012–0255)) received dur- S. 3521. An original bill to amend the Inter- EC–7301. A communication from the Attor- ing adjournment of the Senate in the Office nal Revenue Code of 1986 to extend certain ney-Advisor, U.S. Coast Guard, Department of the President of the Senate on August 6, expiring provisions (Rept. No. 112–208). of Homeland Security, transmitting, pursu- 2012; to the Committee on Commerce, f ant to law, the report of a rule entitled Science, and Transportation. ‘‘Safety Zone; Can-Am Festival Fireworks, EC–7309. A communication from the Attor- REPORTS OF COMMITTEES Black River Bay, Sackets Harbor, NY’’ ney-Advisor, U.S. Coast Guard, Department The following reports of committees ((RIN1625–AA00) (Docket No. USCG–2012– of Homeland Security, transmitting, pursu- were submitted: 0617)) received during adjournment of the ant to law, the report of a rule entitled Senate in the Office of the President of the ‘‘Safety Zones: Catawba Island Club Fire By Mr. BAUCUS, from the Committee on Senate on August 6, 2012; to the Committee Works Catawba Island Club, Port Clinton, Finance, without amendment: on Commerce, Science, and Transportation. OH; Pacing for Recovery, Lake Erie, Sterling S. 3524. An original bill to deter the eva- EC–7302. A communication from the Attor- State Park, Monroe, MI; Put-In-Bay Fire- sion of antidumping and countervailing duty ney-Advisor, U.S. Coast Guard, Department works, Fox’s the Dock Pier, South Bass Is- orders, and for other purposes (Rept. No. 112– of Homeland Security, transmitting, pursu- land, Put-In-Bay, OH’’ ((RIN1625–AA00) 209). ant to law, the report of a rule entitled (Docket No. USCG–2012–0374) received during f ‘‘Safety Zone; Old Fashioned 4th of July adjournment of the Senate in the Office of INTRODUCTION OF BILLS AND Fireworks, Presque Isle Bay, Erie, PA’’ the President of the Senate on August 6, ((RIN1625–AA00) (Docket No. USCG–2012– 2012; to the Committee on Commerce, JOINT RESOLUTIONS DURING AD- 0465)) received during adjournment of the Science, and Transportation. JOURNMENT Senate in the Office of the President of the EC–7310. A communication from the Attor- On August 28, 2012, under the author- Senate on August 6, 2012; to the Committee ney-Advisor, U.S. Coast Guard, Department on Commerce, Science, and Transportation. ity of the order of the Senate of August of Homeland Security, transmitting, pursu- 2, 2012, the following bills and joint res- EC–7303. A communication from the Attor- ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; Seafair Blue Angels Air Show olutions were introduced, read the first of Homeland Security, transmitting, pursu- Performance, Seattle, WA’’ ((RIN1625–AA00) and second times by unanimous con- ant to law, the report of a rule entitled (Docket No. USCG–2012–0699)) received dur- sent, and referred as indicated: ‘‘Safety Zone; Cleveland Yachting Club Fire- ing adjournment of the Senate in the Office By Mr. BAUCUS: works, Lake Erie, Rocky River, OH’’ of the President of the Senate on August 6, S. 3521. An original bill to amend the Inter- ((RIN1625–AA00) (Docket No. USCG–2012– 2012; to the Committee on Commerce, nal Revenue Code of 1986 to extend certain 0567)) received during adjournment of the Science, and Transportation. expiring provisions; from the Committee on Senate in the Office of the President of the Finance; placed on the calendar. Senate on August 6, 2012; to the Committee f on Commerce, Science, and Transportation. REPORTS OF COMMITTEES DURING f EC–7304. A communication from the Attor- INTRODUCTION OF BILLS AND ney-Advisor, U.S. Coast Guard, Department ADJOURNMENT of Homeland Security, transmitting, pursu- Under the authority of the order of JOINT RESOLUTIONS ant to law, the report of a rule entitled the Senate of August 2, 2012, the fol- The following bills and joint resolu- ‘‘Safety Zone; Wicomico Community Fire- lowing reports of committees were sub- tions were introduced, read the first works Rain Date, Great Wicomico River, mitted on August 28, 2012: and second times by unanimous con- Mila, VA’’ ((RIN1625–AA00) (Docket No. sent, and referred as indicated: USCG–2012–0425)) received during adjourn- By Ms. STABENOW, from the Committee ment of the Senate in the Office of the Presi- on Agriculture, Nutrition, and Forestry: By Mr. MENENDEZ (for himself, Mrs. dent of the Senate on August 6, 2012; to the Report to accompany S. 3240, An original BOXER, Mrs. FEINSTEIN, Mr. WYDEN, Committee on Commerce, Science, and bill to reauthorize agricultural programs Mr. DURBIN, Mr. SCHUMER, Mrs. Transportation. through 2017, and for other purposes (Rept. GILLIBRAND, Ms. STABENOW, Mr. EC–7305. A communication from the Attor- No. 112–203). REED, Mr. LAUTENBERG, Mr. ney-Advisor, U.S. Coast Guard, Department By Mr. LEAHY, from the Committee on FRANKEN, Mr. MERKLEY, and Mr. of Homeland Security, transmitting, pursu- the Judiciary, with an amendment in the na- SANDERS): ant to law, the report of a rule entitled ture of a substitute: S. 3522. A bill to provide for the expansion ‘‘Safety Zone and Special Local Regulation; S. 1002. A bill to prohibit theft of medical of affordable refinancing of mortgages held 2012 Macy’s 4th of July Fireworks and Spec- products, and for other purposes (Rept. No. by the Federal National Mortgage Associa- tator Viewing Areas, Hudson River, NY’’ 112–204). tion and the Federal Home Loan Mortgage ((RIN1625–AA00 and RIN1625–AA08) (Docket By Mr. LIEBERMAN, from the Committee Corporation; read the first time. No. USCG–2012–0405)) received during ad- on Homeland Security and Governmental Af- By Mr. SCHUMER (for himself, Mr. journment of the Senate in the Office of the fairs, with an amendment in the nature of a HATCH, Mrs. GILLIBRAND, Mr. WHITE- President of the Senate on August 6, 2012; to substitute: HOUSE, Mr. GRAHAM, Mr. the Committee on Commerce, Science, and S. 1515. A bill to permit certain members of BLUMENTHAL, Mr. KOHL, Mr. CARDIN, Transportation. the United States Secret Service and certain Ms. SNOWE, and Mrs. BOXER): EC–7306. A communication from the Attor- members of the United States Secret Service S. 3523. A bill to amend title 17, United ney-Advisor, U.S. Coast Guard, Department Uniformed Division who were appointed in States Code, to extend protection to fashion of Homeland Security, transmitting, pursu- 1984, 1985, or 1986 to elect to be covered under design, and for other purposes; to the Com- ant to law, the report of a rule entitled the District of Columbia Police and Fire- mittee on the Judiciary. ‘‘Safety Zone; Hudson Valley Triathlon, Ul- fighter Retirement and Disability System in By Mr. BAUCUS: ster Landing, Hudson River, NY’’ ((RIN1625– the same manner as members appointed S. 3524. An original bill to deter the eva- AA00) (Docket No. USCG–2012–0537)) received prior to 1984 (Rept. No. 112–205). sion of antidumping and countervailing duty during adjournment of the Senate in the Of- H.R. 915. A bill to establish a Border En- orders, and for other purposes; from the fice of the President of the Senate on August forcement Security Task Force program to Committee on Finance; placed on the cal- 6, 2012; to the Committee on Commerce, enhance border security by fostering coordi- endar. Science, and Transportation. nated efforts among Federal, State, and By Mr. TESTER: EC–7307. A communication from the Attor- local border and law enforcement officials to S. 3525. A bill to protect and enhance op- ney-Advisor, U.S. Coast Guard, Department protect United States border cities and com- portunities for recreational hunting, fishing,

VerDate Mar 15 2010 04:43 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.058 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6063

and shooting, and for other purposes; read S. 697 S. 1171 the first time. At the request of Mr. CASEY, the At the request of Mr. SCHUMER, the f name of the Senator from Maine (Ms. names of the Senator from Maryland ADDITIONAL COSPONSORS COLLINS) was added as a cosponsor of S. (Mr. CARDIN), the Senator from Con- 697, a bill to amend the Internal Rev- necticut (Mr. LIEBERMAN), the Senator S. 32 enue Code of 1986 to allow a credit from Maryland (Ms. MIKULSKI) and the At the request of Mr. LAUTENBERG, against income tax for amounts paid Senator from Vermont (Mr. SANDERS) the name of the Senator from Mary- by a spouse of a member of the Armed were added as cosponsors of S. 1171, a land (Mr. CARDIN) was added as a co- Services for a new State license or cer- bill to amend the Internal Revenue sponsor of S. 32, a bill to prohibit the tification required by reason of a per- Code of 1986 to extend the exclusion transfer or possession of large capacity manent change in the duty station of from gross income for employer-pro- ammunition feeding devices, and for such member to another State. vided health coverage for employees’ other purposes. S. 778 spouses and dependent children to cov- S. 35 erage provided to other eligible depend- At the request of Mr. LAUTENBERG, At the request of Mr. MORAN, the ent beneficiaries of employees. the name of the Senator from Mary- name of the Senator from Minnesota S. 1278 land (Mr. CARDIN) was added as a co- (Mr. FRANKEN) was added as a cospon- sponsor of S. 35, a bill to establish sor of S. 778, a bill to amend title XVIII At the request of Ms. SNOWE, the background check procedures for gun of the Social Security Act with respect name of the Senator from Kansas (Mr. shows. to physician supervision of therapeutic MORAN) was added as a cosponsor of S. S. 202 hospital outpatient services. 1278, a bill to amend the Internal Rev- At the request of Mr. PAUL, the S. 829 enue Code of 1986 to repeal the excise names of the Senator from New Hamp- At the request of Mr. CARDIN, the tax on indoor tanning services. shire (Ms. AYOTTE), the Senator from name of the Senator from Washington S. 1301 Georgia (Mr. ISAKSON) and the Senator (Ms. CANTWELL) was added as a cospon- At the request of Mr. LEAHY, the from Kansas (Mr. MORAN) were added sor of S. 829, a bill to amend title XVIII names of the Senator from New Mexico as cosponsors of S. 202, a bill to require of the Social Security Act to repeal the (Mr. BINGAMAN) and the Senator from a full audit of the Board of Governors Medicare outpatient rehabilitation Maine (Ms. COLLINS) were added as co- of the Federal Reserve System and the therapy caps. sponsors of S. 1301, a bill to authorize Federal reserve banks by the Comp- S. 845 appropriations for fiscal years 2012 troller General of the United States be- through 2015 for the Trafficking Vic- At the request of Mr. ENZI, the names fore the end of 2012, and for other pur- of the Senator from Georgia (Mr. tims Protection Act of 2000, to enhance poses. measures to combat trafficking in per- CHAMBLISS) and the Senator from New S. 503 sons, and for other purposes. Mexico (Mr. UDALL) were added as co- At the request of Mr. INHOFE, the sponsors of S. 845, a bill to amend the S. 1463 name of the Senator from Georgia (Mr. Internal Revenue Code of 1986 to pro- At the request of Mr. MERKLEY, the ISAKSON) was added as a cosponsor of S. vide for the logical flow of return infor- name of the Senator from Connecticut 503, a bill to declare English as the offi- mation between partnerships, corpora- (Mr. BLUMENTHAL) was added as a co- cial language of the United States, to tions, trusts, estates, and individuals sponsor of S. 1463, a bill to amend the establish a uniform English language to better enable each party to submit Civil Rights Act of 1964 to protect rule for naturalization, and to avoid timely, accurate returns and reduce breastfeeding by new mothers and to misconstructions of the English lan- the need for extended and amended re- provide for reasonable break time for guage texts of the laws of the United turns, to provide for modified due dates nursing mothers. States, pursuant to Congress’ powers to by regulation, and to conform the S. 1512 provide for the general welfare of the automatic corporate extension period At the request of Mr. CARDIN, the United States and to establish a uni- to longstanding regulatory rule. names of the Senator from Montana form rule of naturalization under arti- (Mr. TESTER) and the Senator from cle I, section 8, of the Constitution. S. 932 At the request of Mr. SCHUMER, the North Dakota (Mr. HOEVEN) were added S. 565 name of the Senator from Maryland as cosponsors of S. 1512, a bill to amend At the request of Mr. KERRY, the the Internal Revenue Code of 1986 and name of the Senator from Rhode Island (Mr. CARDIN) was added as a cosponsor of S. 932, a bill to amend the Internal the Small Business Act to expand the (Mr. WHITEHOUSE) was added as a co- availability of employee stock owner- sponsor of S. 565, a bill to establish an Revenue Code of 1986 to allow a $1,000 refundable credit for individuals who ship plans in S corporations, and for employment-based immigrant visa for other purposes. alien entrepreneurs who have received are bona fide volunteer members of significant capital from investors to volunteer firefighting and emergency S. 1718 establish a business in the United medical service organizations. At the request of Mr. WYDEN, the States. S. 998 name of the Senator from Alaska (Ms. MURKOWSKI) was added as a cosponsor S. 641 At the request of Mr. AKAKA, the of S. 1718, a bill to amend title XVIII of At the request of Mr. DURBIN, the name of the Senator from Connecticut name of the Senator from New York (Mr. BLUMENTHAL) was added as a co- the Social Security Act with respect to the application of Medicare secondary (Mrs. GILLIBRAND) was added as a co- sponsor of S. 998, a bill to amend title sponsor of S. 641, a bill to provide IV of the Employee Retirement Income payer rules for certain claims. 100,000,000 people with first-time access Security Act of 1974 to require the Pen- S. 1723 to safe drinking water and sanitation sion Benefit Guaranty Corporation, in At the request of Mr. MENENDEZ, the on a sustainable basis within six years the case of airline pilots who are re- name of the Senator from New Jersey by improving the capacity of the quired by regulation to retire at age 60, (Mr. LAUTENBERG) was added as a co- United States Government to fully im- to compute the actuarial value of sponsor of S. 1723, a bill to provide for plement the Senator Paul Simon Water monthly benefits in the form of a life teacher and first responder stabiliza- for the Poor Act of 2005. annuity commencing at age 60. tion. S. 645 S. 1108 S. 1872 At the request of Mr. SCHUMER, the At the request of Mr. SANDERS, the At the request of Mr. CASEY, the name of the Senator from Minnesota name of the Senator from New Jersey names of the Senator from Georgia (Ms. KLOBUCHAR) was added as a co- (Mr. MENENDEZ) was added as a cospon- (Mr. ISAKSON), the Senator from New sponsor of S. 645, a bill to amend the sor of S. 1108, a bill to provide local Mexico (Mr. UDALL), the Senator from National Child Protection Act of 1993 communities with tools to make solar Connecticut (Mr. BLUMENTHAL) and the to establish a permanent background permitting more efficient, and for Senator from Maryland (Ms. MIKULSKI) check system. other purposes. were added as cosponsors of S. 1872, a

VerDate Mar 15 2010 04:45 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.067 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE S6064 CONGRESSIONAL RECORD — SENATE September 10, 2012 bill to amend the Internal Revenue lium Act to ensure the expedient and from Arkansas (Mr. PRYOR) was added Code of 1986 to provide for the tax responsible draw-down of the Federal as a cosponsor of S. 3394, a bill to ad- treatment of ABLE accounts estab- Helium Reserve in a manner that pro- dress fee disclosure requirements under lished under State programs for the tects the interests of private industry, the Electronic Fund Transfer Act, to care of family members with disabil- the scientific, medical, and industrial amend the Federal Deposit Insurance ities, and for other purposes. communities, commercial users, and Act with respect to information pro- S. 1882 Federal agencies, and for other pur- vided to the Bureau of Consumer Fi- At the request of Mr. BINGAMAN, the poses. nancial Protection, and for other pur- name of the Senator from Virginia (Mr. S. 2620 poses. WEBB) was added as a cosponsor of S. At the request of Mr. SCHUMER, the S. 3442 1882, a bill to amend the Federal Food, names of the Senator from Delaware At the request of Ms. LANDRIEU, the Drug, and Cosmetic Act to ensure that (Mr. CARPER) and the Senator from name of the Senator from Connecticut valid generic drugs may enter the mar- Kansas (Mr. MORAN) were added as co- (Mr. LIEBERMAN) was added as a co- ket. sponsors of S. 2620, a bill to amend title sponsor of S. 3442, a bill to provide tax XVIII of the Social Security Act to S. 1910 incentives for small businesses, im- provide for an extension of the Medi- At the request of Mr. LIEBERMAN, the prove programs of the Small Business care-dependent hospital (MDH) pro- name of the Senator from Oregon (Mr. Administration, and for other pur- gram and the increased payments WYDEN) was added as a cosponsor of S. poses. under the Medicare low-volume hos- 1910, a bill to provide benefits to do- S. 3452 pital program. mestic partners of Federal employees. At the request of Mr. DURBIN, the S. 3192 S. 1983 name of the Senator from Connecticut At the request of Mr. ALEXANDER, the (Mr. BLUMENTHAL) was added as a co- At the request of Mr. SCHUMER, the name of the Senator from Oregon (Mr. sponsor of S. 3452, a bill to amend the name of the Senator from Rhode Island MERKLEY) was added as a cosponsor of Truth in Lending Act to establish a na- (Mr. WHITEHOUSE) was added as a co- S. 3192, a bill to amend the Immigra- sponsor of S. 1983, a bill to amend the tion and Nationality Act by estab- tional usury rate for consumer credit Immigration and Nationality Act to lishing an F–4 nonimmigrant visa for transactions. eliminate the per-country numerical aliens pursuing an advanced degree in S. 3457 limitation for employment-based im- mathematics, engineering, technology, At the request of Mr. NELSON of Flor- migrants, to increase the per-country or the physical sciences in the United ida, the names of the Senator from numerical limitation for family-spon- States, to authorize such aliens to be- Connecticut (Mr. BLUMENTHAL), the sored immigrants, and for other pur- come permanent residents if they ob- Senator from Michigan (Ms. STABE- poses. tain employment in the United States NOW), the Senator from Oregon (Mr. S. 2160 related to their field of study, and for MERKLEY) and the Senator from New At the request of Mr. MORAN, the other purposes. York (Mr. SCHUMER) were added as co- names of the Senator from Ohio (Mr. S. 3235 sponsors of S. 3457, a bill to require the PORTMAN) and the Senator from Okla- At the request of Mr. PRYOR, the Secretary of Veterans Affairs to estab- homa (Mr. INHOFE) were added as co- name of the Senator from Arkansas lish a veterans jobs corps, and for other sponsors of S. 2160, a bill to improve (Mr. BOOZMAN) was added as a cospon- purposes. the examination of depository institu- sor of S. 3235, a bill to amend title 38, S. 3463 tions, and for other purposes. United States Code, to require, as a At the request of Mr. FRANKEN, the S. 2234 condition on the receipt by a State of names of the Senator from Vermont At the request of Mr. BLUMENTHAL, certain funds for veterans employment (Mr. SANDERS) and the Senator from the name of the Senator from Texas and training, that the State ensures New Jersey (Mr. MENENDEZ) were added (Mrs. HUTCHISON) was added as a co- that training received by a veteran as cosponsors of S. 3463, a bill to amend sponsor of S. 2234, a bill to prevent while on active duty is taken into con- title XVIII of the Social Security Act human trafficking in government con- sideration in granting certain State to reduce the incidence of diabetes tracting. certifications or licenses, and for other among Medicare beneficiaries. S. 2246 purposes. S. 3472 S. 3243 At the request of Mr. BOOZMAN, the At the request of Ms. LANDRIEU, the name of the Senator from Arkansas At the request of Mrs. GILLIBRAND, names of the Senator from Massachu- the name of the Senator from Con- (Mr. PRYOR) was added as a cosponsor setts (Mr. KERRY) and the Senator from of S. 2246, a bill to direct the Secretary necticut (Mr. BLUMENTHAL) was added Washington (Mrs. MURRAY) were added of Labor to provide off-base transition as a cosponsor of S. 3243, a bill to as cosponsors of S. 3472, a bill to amend training, and for other purposes. amend the Internal Revenue Code of the Family Educational Rights and 1986 to increase the amount of the low- S. 2346 Privacy Act of 1974 to provide improve- income housing credit that may be al- ments to such Act. At the request of Mr. PRYOR, the located in States damaged in 2011 by S. 3486 name of the Senator from Idaho (Mr. Hurricane Irene or Tropical Storm Lee. CRAPO) was added as a cosponsor of S. At the request of Mr. LEAHY, the S. 3378 2346, a bill to amend the Farm Security name of the Senator from Utah (Mr. At the request of Mr. ROCKEFELLER, and Rural Investment Act of 2002 to the name of the Senator from Massa- HATCH) was added as a cosponsor of S. modify the definition of the term 3486, a bill to implement the provisions chusetts (Mr. KERRY) was added as a ‘‘biobased product’’. cosponsor of S. 3378, a bill to establish of the Hague Agreement and the Pat- S. 2364 scientific standards and protocols ent Law Treaty. At the request of Ms. SNOWE, the across forensic disciplines, and for S. 3498 name of the Senator from Arkansas other purposes. At the request of Mr. CASEY, the (Mr. PRYOR) was added as a cosponsor S. 3391 names of the Senator from Delaware of S. 2364, a bill to extend the avail- At the request of Ms. KLOBUCHAR, the (Mr. COONS), the Senator from New Jer- ability of low-interest refinancing name of the Senator from Ohio (Mr. sey (Mr. MENENDEZ) and the Senator under the local development business PORTMAN) was added as a cosponsor of from Connecticut (Mr. BLUMENTHAL) loan program of the Small Business S. 3391, a bill to amend section 353 of were added as cosponsors of S. 3498, a Administration. the Public Health Service Act with re- bill to provide humanitarian assistance S. 2374 spect to suspension, revocation, and and support a democratic transition in At the request of Mr. BINGAMAN, the limitation of laboratory certification. Syria, and for other purposes. name of the Senator from New York S. 3394 S. 3516 (Mr. SCHUMER) was added as a cospon- At the request of Mr. JOHNSON of At the request of Ms. SNOWE, the sor of S. 2374, a bill to amend the He- South Dakota, the name of the Senator name of the Senator from Minnesota

VerDate Mar 15 2010 04:45 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A10SE6.063 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6065 (Ms. KLOBUCHAR) was added as a co- (Mr. BOOZMAN) was added as a cospon- NOTICES OF HEARINGS sponsor of S. 3516, a bill to encourage sor of S. Res. 546, a resolution desig- COMMITTEE ON ENERGY AND NATURAL spectrum licenses to make unused nating the week of September 10, 2012, RESOURCES spectrum available for use by rural and as ‘‘National Adult Education and Mr. BINGAMAN. Mr. President, I smaller carriers in order to expand Family Literacy Week’’. would like to announce for the infor- wireless coverage. f mation of the Senate an the public S.J. RES. 39 AMENDMENTS SUBMITTED AND that a hearing has been scheduled be- At the request of Mr. CARDIN, the PROPOSED fore the Senate Committee on Energy name of the Senator from Michigan and Natural Resources. The hearing SA 2780. Mr. CASEY submitted an amend- (Mr. LEVIN) was added as a cosponsor of ment intended to be proposed by him to the will be held on Wednesday, September S.J. Res. 39, a joint resolution remov- bill S. 3457, to require the Secretary of Vet- 12, 2012, at 9:30 a.m., in room SD–366 of ing the deadline for the ratification of erans Affairs to establish a veterans jobs the Dirksen Senate Office Building in the equal rights amendment. corps, and for other purposes; which was or- Washington, DC. S. CON. RES. 48 dered to lie on the table. The purpose of the hearing is to re- At the request of Mr. LEAHY, the f ceive testimony on S. 3469, the Nuclear Waste Administration Act of 2012. name of the Senator from Texas (Mrs. TEXT OF AMENDMENTS HUTCHISON) was added as a cosponsor of Because of the limited time available S. Con. Res. 48, a concurrent resolution SA 2780. Mr. CASEY submitted an for the hearing, witnesses may testify recognizing 375 years of service of the amendment intended to be proposed by by invitation only. However, those National Guard and affirming congres- him to the bill S. 3457, to require the wishing to submit written testimony sional support for a permanent Oper- Secretary of Veterans Affairs to estab- for the hearing record should send it to ational Reserve as a component of the lish a veterans jobs corps, and for other the Committee on Energy and Natural purposes; which was ordered to lie on Armed Forces. Resources, United States Senate, the table; as follows: S. CON. RES. 50 Washington, DC 20510–6150, or by email At the end, add the following: At the request of Mr. RUBIO, the to Abi- SEC. ll. CREDIT FOR STATE LICENSURE AND [email protected]. names of the Senator from Texas (Mr. CERTIFICATION COSTS OF MILITARY CORNYN) and the Senator from Oregon SPOUSES ARISING BY REASON OF A For further information, please con- (Mr. WYDEN) were added as cosponsors PERMANENT CHANGE IN THE DUTY tact Sam Fowler at (202) 224–7571 or STATION OF THE MEMBER OF THE Abigail Campbell at (202) 224–4905. of S. Con. Res. 50, a concurrent resolu- ARMED FORCES TO ANOTHER COMMITTEE ON INDIAN AFFAIRS tion expressing the sense of Congress STATE. regarding actions to preserve and ad- (a) IN GENERAL.—Subpart A of part IV of Mr. AKAKA. Mr. President, I would vance the multistakeholder governance subchapter A of chapter 1 of the Internal like to announce that the Committee model under which the Internet has Revenue Code of 1986 is amended by inserting on Indian Affairs will meet during the thrived. after section 30D the following new section: session of the Senate on September 13, ‘‘SEC. 30E. STATE LICENSURE AND CERTIFI- S. RES. 88 2012, in room SD–628 of the Dirksen CATION COSTS OF MILITARY Senate Office Building, at 2:15 p.m., to At the request of Ms. SNOWE, the SPOUSE ARISING FROM TRANSFER names of the Senator from Kansas (Mr. OF MEMBER OF ARMED FORCES TO conduct a business meeting to consider ANOTHER STATE. ROBERTS), the Senator from Wyoming S. 675, the Native Hawaiian Govern- ‘‘(a) IN GENERAL.—In the case of an eligible (Mr. ENZI) and the Senator from South ment Reorganization Act of 2011; S. individual, there shall be allowed as a credit 1345, the Spokane Tribe of Indians of Dakota (Mr. THUNE) were added as co- against the tax imposed by this chapter for sponsors of S. Res. 88, a resolution ex- the taxable year an amount equal to the the Spokane Reservation Grand Coulee pressing the sense of the Senate that qualified relicensing costs of such individual Dam Equitable Compensation Settle- businesses of the United States should which are paid or incurred by the taxpayer ment Act; and S. 1684, the Indian Trib- retain the option to organize as those during the taxable year. al Energy Development and Self-Deter- ‘‘(b) MAXIMUM CREDIT.—The credit allowed businesses choose, including as flow- mination Act Amendments of 2011 to be by this section with respect to each change followed immediately to conduct a through entities, and not be forced to of duty station shall not exceed $500. reorganize as C corporations. ‘‘(c) DEFINITIONS.—For purposes of this sec- hearing entitled ‘‘Addressing the Cost- ly Administrative Burdens and Nega- S. RES. 448 tion— ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligi- tive Impacts of the Carcieri and At the request of Mrs. BOXER, the ble individual’ means any individual— names of the Senator from Florida (Mr. Patchak Decisions’’. ‘‘(A) who is married to a member of the Those wishing additional information NELSON), the Senator from Michigan Armed Forces of the United States at the may contact the Indian Affairs Com- (Mr. LEVIN), the Senator from Con- time that the member moves to another mittee (202) 224–2251. necticut (Mr. LIEBERMAN), the Senator State under a permanent change of station COMMITTEE ON INDIAN AFFAIRS from Oregon (Mr. WYDEN), the Senator order, and Mr. AKAKA. Mr. President, I would from California (Mrs. FEINSTEIN) and ‘‘(B) who moves to such other State with like to announce that the Committee the Senator from Maryland (Ms. MI- such member. ‘‘(2) QUALIFIED RELICENSING COSTS.—The on Indian Affairs will meet during the KULSKI) were added as cosponsors of S. term ‘qualified relicensing costs’ costs— session of the Senate on September 14, Res. 448, a resolution recognizing the ‘‘(A) which are for a license or certification 2012, in room SD–628 of the Dirksen 100th anniversary of Hadassah, the required by the State referred to in para- Senate Office Building, at 2:30 p.m., to Women’s Zionist Organization of Amer- graph (1) to engage in the profession that conduct a hearing on the President’s ica, Inc. such individual engaged in while within the Nomination of Kevin K. Washburn to S. RES. 543 State from which the individual moved, and be Assistant Secretary-Indian Affairs, At the request of Mrs. BOXER, the ‘‘(B) which are paid or incurred during the U.S. Department of the Interior’’. names of the Senator from New Jersey period beginning on the date that the orders referred to in paragraph (1)(A) are issued and Those wishing additional information (Mr. MENENDEZ), the Senator from ending on the date which is 1 year after the may contact the Indian Affairs Com- Pennsylvania (Mr. CASEY), the Senator reporting date specified in such orders.’’. mittee at (202) 224–2251. from Kansas (Mr. MORAN), the Senator (b) CLERICAL AMENDMENT.—The table of f from Oregon (Mr. WYDEN), the Senator sections for such subpart A is amended by in- from Connecticut (Mr. BLUMENTHAL) serting after the item relating to section 30D PRIVILEGES OF THE FLOOR and the Senator from Texas (Mrs. the following new item: Mr. HARKIN. Mr. President, I ask HUTCHISON) were added as cosponsors of ‘‘Sec. 30E. State licensure and certification unanimous consent that Courtney costs of military spouse arising S. Res. 543, a resolution to express the Zinter and Jessica Cullen be granted sense of the Senate on international from transfer of member of Armed Forces to another floor privileges for the duration of to- parental child abduction. State.’’. day’s proceedings. S. RES. 546 (c) EFFECTIVE DATE.—The amendments The ACTING PRESIDENT pro tem- At the request of Mrs. MURRAY, the made by this section shall apply to taxable pore. Without objection, it is so or- name of the Senator from Arkansas years beginning after December 31, 2011. dered.

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CARLTON B. AMMONS, OF VIRGINIA Mr. HARKIN. Madam President, I tember 11, 2012; that following the LAURA ANIKOW, OF VIRGINIA ask unanimous consent that Mac prayer and pledge, the Journal of pro- BENJAMIN D. ARTERBURN, OF KENTUCKY OSCAR ALEJANDRO BAEZ MEJIA, OF MASSACHUSETTS LeBuhn and Ladimir Geake of my staff ceedings be approved to date, the GROVER R. BATTLE, OF NORTH CAROLINA be granted floor privileges for the dura- morning hour be deemed expired and DREW DAVID BAZIL, OF COLORADO DANIEL ALEXANDER BOEHMER, OF MASSACHUSETTS tion of today’s session. the time for the two leaders be re- EVELINA BOZEK, OF CALIFORNIA The PRESIDING OFFICER. Without served for their use later in the day; DIANA BRAUNSCHWEIG, OF CALIFORNIA SHANNON S. BROWN, OF FLORIDA objection, it is so ordered. that the majority leader be recognized, ELISE BRUMBACH, OF PENNSYLVANIA and that the first hour be equally di- SEAN THOMAS BUCKLEY, OF THE DISTRICT OF COLUM- f BIA vided and controlled between the two NATALIE CALVANO, OF KENTUCKY ORDER FOR STAR PRINTING leaders or their designees, with the ma- BARRAK JEFFREY CHAABAN, OF VIRGINIA SCOTT I. COHEN, OF VIRGINIA Mr. DURBIN. Mr. President, I ask jority controlling the first half and the JAMES TRENTON CORE, OF UTAH unanimous consent that Senate report Republicans controlling the final half; SYDNEY ALEXIS CROSS, OF MISSOURI THOMAS LOUIS CZERWINSKI, OF TEXAS No. 208 be star printed with the that at 11 a.m. there be a moment of si- RANYA DAHER, OF VIRGINIA lence in observance of the 11th anniver- ALEKSANDER DAIGLE, OF VIRGINIA changes at the desk. EION MICHAEL DANDO, OF MINNESOTA The PRESIDING OFFICER. Without sary of the attacks on September 11, QUAZI RUMMAN DASTGIR, OF THE DISTRICT OF COLUM- 2011; further, that the Senate recess BIA objection, it is so ordered. JAMES DAVIS II, OF THE DISTRICT OF COLUMBIA from 12:30 p.m. until 2:15 p.m. to allow f PAUL W. DEGENNARO, OF VIRGINIA for the weekly caucus meetings. MERRICA DOMINICK, OF ILLINOIS ALEXANDER FAIRBANKS DOUGLAS, OF VIRGINIA MEASURE PLACED ON THE The PRESIDING OFFICER. Without DANIEL A. DURAZO, OF CALIFORNIA CALENDAR—S. 3519 objection, it is so ordered. BRIAN B. DUTY, OF CALIFORNIA PATRICK R. ELLIOT, OF VIRGINIA Mr. DURBIN. Mr. President, I under- f CHRISTOPHER FRANK ESTOCH, OF FLORIDA CAVAN FABRIS, OF CALIFORNIA stand that S. 3519 is at the desk and PROGRAM REBECCA E. FOX, OF ARIZONA due for a second reading. DESTINY L. FREEMAN, OF VIRGINIA JOSEPH FREEMAN, OF VIRGINIA The PRESIDING OFFICER. The Mr. DURBIN. Mr. President, the first KATHERINE DIANE GARRY, OF THE DISTRICT OF COLUM- clerk will read the bill by title for the rollcall vote will be at 2:15 p.m. on the BIA JONAS B. GIL, OF NEVADA second time. motion to invoke cloture on the mo- BRIAN GILLIGAN, OF VIRGINIA The assistant legislative clerk read tion to proceed to S. 3457, the Veterans GAYSHIEL FAYANDY GRANDISON, OF NEW YORK JULIA GROEBLACHER, OF KANSAS as follows: Jobs Corps Act. JOSHUA J. HACK, OF VIRGINIA MATTHEW J. HAFNER, OF MISSOURI A bill (S. 3519) to require sponsoring Sen- f CAITLIN B. HARTFORD, OF WASHINGTON ators to pay the printing costs of ceremonial THOMAS M. HARTMAN, OF VIRGINIA and commemorative Senate resolutions. ADJOURNMENT UNTIL 10 A.M. JEFFREY W. HENRY, OF VIRGINIA TOMORROW MARK JAMES HITCHCOCK, OF CALIFORNIA Mr. DURBIN. I would object to any GREGORY EARL HOLLIDAY, OF VIRGINIA Mr. DURBIN. Mr. President, if there NINA ELIZABETH HOROWITZ, OF VIRGINIA further proceedings with respect to the PHILLIP CHRISTOPHER HUGHEY, OF VIRGINIA bill. is no further business to come before IRINA ITKIN, OF INDIANA the Senate, I ask unanimous consent SHAYMA JANNAT, OF CONNECTICUT The PRESIDING OFFICER. Objec- ANTON PHILIP JONGENEEL, OF CALIFORNIA tion is heard. that it adjourn under the previous JEHAN KHALEELI, OF THE DISTRICT OF COLUMBIA order. TRACI THIESSEN KIDWELL, OF THE DISTRICT OF COLUM- The bill will be placed on the cal- BIA endar. There being no objection, the Senate, DANIEL EDWARD KIGHT, OF OHIO at 7:54 p.m., adjourned until Tuesday, JOSEPH KIM, OF MICHIGAN f ERIN LEIGH KIMSEY, OF NORTH CAROLINA September 11, 2012, at 10 a.m. ERICA SAMONA KING, OF TEXAS MEASURES READ THE FIRST KRISTINE M. KNAPP, OF SOUTH DAKOTA f LEANNE N. KOONTZ, OF VIRGINIA TIME—H.R. 8, S. 3522, S. 3525 SHEELA E. KRISHNAN, OF VIRGINIA NOMINATIONS JON R. LARSON, OF THE DISTRICT OF COLUMBIA Mr. DURBIN. Mr. President, I under- JAMES E. LASTER, OF VIRGINIA stand there are three bills at the desk. Executive nominations received by KRISTIN R. LASTER, OF VIRGINIA the Senate: JOSEPH N. LEAVITT, OF OREGON I ask for their first reading en bloc. JAMES S. MANLOWE, OF NEW MEXICO The PRESIDING OFFICER. The FOREIGN SERVICE MICHAEL JOHN MARBLE, OF VIRGINIA MICHAEL MARCOUS, OF FLORIDA clerk will read the bills by title for the THE FOLLOWING-NAMED CAREER MEMBERS OF THE BRIA MATHEWS, OF MISSOURI first time. SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- DWAYNE T. MCDAVID, OF NEVADA RICULTURE (APHIS) FOR PROMOTION WITHIN AND INTO SHAUN M. MCGUIRE, OF NEVADA The assistant legislative clerk read THE SENIOR FOREIGN SERVICE TO THE CLASSES INDI- SEAN P. MCKEATING, OF TEXAS as follows: CATED: MICHAEL JAMES METHOD II, OF ALASKA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, SHAY SUZANNE MILLER, OF THE DISTRICT OF COLUMBIA A bill (H.R. 8) to extend certain tax relief CLASS OF MINISTER COUNSELOR: M D MITCHELL, OF MAINE provisions enacted in 2001 and 2003, and to GARY T. GREENE, OF GEORGIA ANGELA C. MIZEUR, OF THE DISTRICT OF COLUMBIA provide for expedited consideration of a bill THE FOLLOWING-NAMED PERSONS OF THE DEPART- JOSEPH M. MORBACH, OF VIRGINIA MENT OF COMMERCE FOR APPOINTMENT AS FOREIGN KHANH P. NGUYEN, OF MASSACHUSETTS providing for comprehensive tax reform, and SERVICE OFFICERS OF THE CLASSES STATED. KEVIN J. O’CONNOR, OF CALIFORNIA for other purposes. THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN MATTHEW D. PARRY, OF ALASKA A bill (S. 3522) to provide for the expansion SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES DREW NATHANIEL PETERSON, OF VERMONT IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF STEPHANIE W. PETERSON, OF MINNESOTA of affordable refinancing of mortgages held AMERICA: RICHARD T. PHILLIPS, OF SOUTH DAKOTA by the Federal National Mortgage Associa- MARISSA JOY POLNEROW, OF NEW JERSEY MICHAEL LEWIS, OF VIRGINIA DANIEL CHARLES RHODES, OF THE DISTRICT OF COLUM- tion and the Federal Home Loan Mortgage GEORGE LIN, OF VIRGINIA BIA Corporation. SCOTT LINDSAY, OF MICHIGAN LOIS L. RIBICH, OF VIRGINIA A bill (S. 3525) to protect and enhance op- JARED RAGLAND, OF MARYLAND MIRNA S. RIVAS, OF VIRGINIA CAROLYN SHUCKEROW, OF VIRGINIA AMANDA ROBERSON, OF ARIZONA portunities for recreational hunting, fishing, THE FOLLOWING-NAMED PERSONS OF THE DEPART- WILLIAM L. ROMINE, OF FLORIDA and shooting, and for other purposes. MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- STEPHEN V. SASS, OF NEW JERSEY ICE OFFICERS OF THE CLASSES STATED. BRYAN SCOTT SCHILLER, OF FLORIDA Mr. DURBIN. I now ask for a second FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF SHILOH ANNE SCHLUNG, OF ALASKA reading en block and I object to my CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN JILLIAN SCHMITT, OF MONTANA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF LYNN MARIE SEGAS, OF CALIFORNIA own request en bloc. AMERICA, SHAN SHI, OF WISCONSIN The PRESIDING OFFICER. Objec- BRIDGET C. BITTLE, OF NEW YORK COLLEEN SMITH, OF WASHINGTON tion is heard. The bills will be read for CHRISTOPHER CANELLAKIS, OF MASSACHUSETTS ERIC L. SMITH, OF VIRGINIA DANIEL MICHAEL PATTARINI, OF VIRGINIA MARCO SHERWOOD SOTELINO, OF MASSACHUSETTS the second time on the next legislative DAVID A. BROCK, OF CALIFORNIA HANNAH TABER, OF MICHIGAN day. DONALD BURTON CORDELL, OF VIRGINIA JETT THOMASON, OF TENNESSEE EDWARD HOWARD WINANT, OF WEST VIRGINIA MICHELLE B. THORNBURGH, OF VIRGINIA KHARMIKA K. TILLERY, OF NORTH CAROLINA f HOLLY D. WILKERSON, OF TENNESSEE JENNIFER G. HANDOG, OF NEVADA THAO AHN NGUYEN TRAN, OF THE DISTRICT OF COLUM- KRISTINA R. HAYDEN, OF VIRGINIA BIA ORDERS FOR TUESDAY, REBECCA CATHERINE ALPER, OF FLORIDA HOLLY D. TURNER, OF THE DISTRICT OF COLUMBIA SEPTEMBER 11, 2012 SKYE SPENCER JUSTICE, OF WEST VIRGINIA MELISSA P. TYBOROWSKI, OF CONNECTICUT STEPHEN E. WALSON, OF VIRGINIA Mr. DURBIN. Mr. President, I ask THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN DAVID KARL WESSEL, OF NORTH CAROLINA SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES JAMES L. WEST, OF VIRGINIA unanimous consent that when the Sen- IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF BRAD MICHAEL WILKINSON, OF VIRGINIA ate completes its business today, it ad- AMERICA: LISA MARIE WILKINSON, OF VIRGINIA KATIE MARIE ADAMSON, OF COLORADO ANTON LEE WISHIK II, OF WASHINGTON journ until 10 a.m., on Tuesday, Sep- ANI A. AKINBIYI, OF MARYLAND ANGELA JEAN WYSE, OF MICHIGAN

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DUDEN YEGENOGLU, OF GEORGIA CHRISTOPHER S. ALFEIRI PATRICK S. DAULTON MATTHEW JUNE YI, OF CALIFORNIA RANDY G. ALFREDO MARTY R. DECKARD STEVEN D. ZACK, OF VIRGINIA SCOTT ALLEN DAVID M. DEFELICE, JR. DAVID J. ZANNI, OF VIRGINIA MARK W. ANDERS HENRY E. DELACRUZ BRANDON C. ANDERSON BRIAN V. DELEON IN THE AIR FORCE BRIAN E. ANDERSON DAVID A. DEMARTELAERE ERIC D. ANDERSON RICHARD K. DEMBOWSKI THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ANTHONY J. ASBORNO SHANE A. DENTINGER STATES OFFICER FOR APPOINTMENT IN THE RESERVE WILLIAM C. ASHMORE BRIAN P. DESANTIS OF THE AIR FORCE TO THE GRADE INDICATED UNDER JOHN A. ATILANO II LINN K. DESAULNIERS TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ANDREW G. ATTAR, JR. JOSEPH A. DEWEY To be major general ALBERT A. AUGUSTINE, JR. BRANDON L. DEWIND JULIAN E. AVENT FRED I. DIXON BRIG. GEN. DONALD P. DUNBAR NICHOLAS E. AYERS JAMES R. DOEMEL THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED BRYAN L. BABICH SAMUEL T. DONNELLY STATES OFFICERS FOR APPOINTMENT IN THE RESERVE TIMOTHY M. BAER SHAVOKA D. DOUGLAS OF THE AIR FORCE TO THE GRADE INDICATED UNDER MICHAEL D. BAGULLY JON A. DRAKE TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ANTHONY I. BAILEY WILLIAM D. DRIVER MARK C. BAILEY TIMOTHY E. DRUELL To be brigadier general MICHAEL J. BAIM JONATHAN L. DUE EDWARD J. BALLANCO MELANIE A. DUGAR COL. CALVIN H. ELAM FRANKLIN F. BALTAZAR BRADFORD T. DUPLESSIS COL. NATHANIEL S. REDDICKS DANIEL T. BARD J K. DURKIN THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED JOHN M. BAREFIELD JAMES P. DYKES STATES OFFICER FOR APPOINTMENT IN THE RESERVE DEREK C. BARKER WILLIAM R. EDMONDS OF THE AIR FORCE TO THE GRADE INDICATED UNDER WILBUR L. BARNES, JR. NATHANIEL M. EDWARDS TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ROBERT L. BARNEY, JR. JAMES T. ELDRIDGE JEREMY A. BARTEL DANIEL L. ELLIOTT To be brigadier general GABRIEL W. BARTON BURLIN L. EMERY FREDERICK D. BASKIN JEFFREY G. ERTS COL. GERARD F. BOLDUC, JR. WALLACE K. BATES EDWIN H. ESCOBAR THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED KEVIN S. BEAGLE JOSEPH M. EWERS STATES OFFICER FOR APPOINTMENT IN THE RESERVE GARY W. BEARD, JR. STEVEN C. FAHLENKAMP OF THE AIR FORCE TO THE GRADE INDICATED UNDER ERIC D. BEATY STUART L. FARRIS TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ANTHONY J. BEHRENS KONE C. FAULKNER JAMES P. BEKURS GRANT S. FAWCETT To be brigadier general JESSE W. BELL III ALBERTO R. FELICIANO COL. MATTHEW P. JAMISON MICHAEL P. BENTLEY DAVID E. FIELDER, JR. JEFFREY S. BERGMANN BRADLEY M. FISHER IN THE ARMY VALENT P. BERNAT III JOHN A. FIVIAN BRADLEY S. BIGGS RICHARD J. FONYI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL R. BINETTI DAMIEN E. FOSMOE IN THE RESERVE OF THE ARMY TO THE GRADE INDI- JAMES B. BIRD CHRISTOPHER D. FOUST CATED UNDER TITLE 10, U.S.C., SECTION 12203: MARC C. BLAIR DAVID A. FOWLES To be major general MICHAEL J. BLANKARTZ ALRIC L. FRANCIS JAMES F. BLANTON WILLIAM E. FREEMAN BRIG. GEN. MICHAEL R. SMITH MICHAEL A. BLISS JASON R. FREIDT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT W M. BOCHAT KENNETH J. FREY IN THE RESERVE OF THE ARMY TO THE GRADE INDI- THOMAS J. BOCZAR THOMAS L. GALLI CATED UNDER TITLE 10, U.S.C., SECTION 12203: PETER C. BONIN JAMES K. GANT JASON BORG ROGELIO J. GARCIA To be major general ROBERT G. BORN WHITNEY B. GARDNER STEPHANIE L. BOUNDS RONALD A. GARST BRIG. GEN. DAVID J. CONBOY BRADLEY L. BOYD RICHARD J. GASH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THOMAS K. BREDE LARRY V. GEDDINGS, JR. IN THE UNITED STATES ARMY TO THE GRADE INDICATED GARLAND L. BRIAN, JR. HISE O. GIBSON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DEANNA L. BRIDENBACK STEPHEN M. GILBERTSON RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JOHN B. BROAM MARK A. GILMORE WILLIAM P. BRODANY ISSAC G. GIPSON To be lieutenant general DEXTER M. BROOKINS JEREMY T. GLAUBER MAJ. GEN. FREDERICK B. HODGES KOREY E. BROWN BURTON C. GLOVER LELAND B. BROWN, JR. JOSEPH C. GOETZ II THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW W. BROWN KEVIN R. GOLINGHORST IN THE RESERVE OF THE ARMY TO THE GRADE INDI- STEVEN U. BRUNER TRINIDAD GONZALEZ, JR. CATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JAY A. BRUNS MICHAEL A. GORRECK To be brigadier general MICHAEL D. BUCHHEIT SCOTT D. GOULD KENNETH J. BURGESS CHAD D. GOYETTE COL. JODY J. DANIELS THOMAS F. BURRELL IV MATTHEW R. GRAGG THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VIDA T. BURRELL CAREY R. GRAHAM IN THE UNITED STATES ARMY TO THE GRADE INDICATED BRADFORD M. BURRIS PAUL GREEN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DAVID P. BURRIS SCOTT C. GREENBLATT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TERRY A. BUTCHER WILLIAM J. GRIFFIN JASON A. BYRD MICHAEL T. GRISSOM To be lieutenant general CHRISTOPHER O. CADIGAN MONIQUE G. GUERRERO MYLES B. CAGGINS III GUILLERMO GUILLEN MAJ. GEN. MARK S. BOWMAN JONATHAN A. CAMPBELL NIKOLAUS F. GURAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TOMMY L. CARDONE, JR. ALLEN G. HAHN IN THE RESERVE OF THE ARMY TO THE GRADE INDI- BRIAN J. CARLSON WAYNE A. HALE CATED UNDER TITLE 10, U.S.C., SECTION 12203: SCOTT W. CARPENTER GREGG M. HALEY BRADLEY M. CARR ETHAN L. HALL To be brigadier general RAY A. CARR TIMOTHY D. HAMILTON COL. URAL D. GLANVILLE JOHN G. CARVAN JAMES J. HANDURA DEAN J. CASE II WILLIAM C. HANNAN, JR. IN THE AIR FORCE JOHN H. CATHELL KEVIN F. HANRAHAN SHANE D. CELEEN GREGORY P. HARDY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW G. CHAMBERS MICHAEL G. HARRIS IN THE GRADE INDICATED IN THE RESERVE OF THE AIR JUANITA A. CHANG DAVID P. HARVIE FORCE UNDER TITLE 10, U.S.C., SECTION 12203(A): DOUGLAS P. CHIMENTI JONATHAN P. HASTINGS To be colonel VERONICA A. CHINN PAUL R. HAVERSTICK, JR. JONATHAN M. CHUNG DOUGLAS J. HAYES STEPHEN P. ROBERTS TERRY L. CLARK JAMES A. HAYES TODD J. CLARK REBECCA D. HAZELETT IN THE ARMY GLEN E. CLUBB SHAWN M. HELM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL W. COBB GLENN A. HENKE TO THE GRADE INDICATED IN THE UNITED STATES ARMY MATTHEW D. COBURN BART G. HENSLER UNDER TITLE 10, U.S.C., SECTION 624: JOHN H. COCHRAN ARMANDO HERNANDEZ TIMOTHY L. COCHRAN PATRICK W. HERRIFORD To be major FRANK S. COLASANTO JOHN J. HERRMAN LISA D. COLEMAN PAUL J. HILASKI JASON R. PURVIS DANIEL T. COLLINS ADAM W. HILBURGH THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR JAMES M. COLLINS TREVOR W. HILL APPOINTMENT TO THE GRADE INDICATED IN THE RICHARD L. COMITZ ROBERT A. HILLIARD UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, JASON W. CONDREY GERALD E. HIMES, JR. U.S.C., SECTIONS 531 AND 3064: SEAN S. COOK JADE E. HINMAN JORGE O. CORDEIRO TIMOTHY D. HOCH To be major JACK D. CRABTREE III DERIC J. HOLBROOK GEORGE C. STURGES RICHARD T. CRANFORD SCOTT L. HOLLAND, JR. CHRISTOPHER W. CRARY EDWARD K. HOOKS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CLIFTON B. CRIBB MARK H. HOOVESTOL TO THE GRADE INDICATED IN THE UNITED STATES ARMY GREGORY C. CROMWELL RYKER E. HORN UNDER TITLE 10, U.S.C., SECTION 624: HOBY F. CUPP HARRY A. HORNBUCKLE To be lieutenant colonel KEVIN R. CUTRIGHT CHRISTOPHER G. HOSSFELD PATRICK J. DAGON THOMAS M. HOUGH DAVID W. ACKER JEFFREY S. DAHLGREN MARTIEN G. HOUTKOOPER WILLIAM A. ADLER CHRISTOPHER R. DANBECK CHRISTOPHER L. HOWSDEN JAMES R. ALBANO ANTHONY E. DANIELS EDWARD C. HUDSON III CLINTON D. ALEXANDER JULIE A. DANNUNZIO JAMES W. HUFFMAN III

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FRED L. HUH JEFFREY P. MERSIOWSKY TIMOTHY R. SHAW MARK E. HUHTANEN EDWARD MEYERS JOHN T. SHERWOOD SHANNON S. HUME MARK D. MILLER JONATHAN A. SHINE MICHAEL L. HUMMEL ZACHARY L. MILLER ANDREW J. SHORT TIMOTHY D. HUMMEL NATHAN A. MINAMI BILLY D. SIEKMAN BRYAN W. HUNT MATTHEW C. MOBLEY JONATHAN K. SIMMONS KENNETH F. HUTCHISON WILLIAM B. MOEN APRIL D. SKOU KEVIN D. INGRAM JERRY A. MOON ANNA M. SLEMP VINCENT P. INTINI TOBIN C. MOORE TIMOTHY A. SLEMP IAN J. IRMISCHER ANDREW J. MORGAN JARED A. SLOAN MATTHEW L. ISAACSON KEALII T. MORRIS KENNETH D. SLOVER MICHAEL R. IVY SCOTT B. MORRIS CHRISTOPHER W. SMITH KEVIN L. JACKSON RUSSELL W. MORTON DIRK H. SMITH, JR. STUART M. JAMES JUSTIN T. MUFALLI KURT J. SMITH KARL D. JANSEN TIMOTHY R. MUNGIE MICHAEL R. SMITH JOSEPH D. JASPER STEPHEN F. MURPHY RANDY A. SMITH KEVIN E. JEFFERSON ANTHONY T. MURTHA III RICHARD F. SMITH JEREMY E. JELLY JON P. MYERS STEVE M. SMITH BARTON L. JOHNKE SCOTT A. MYERS JOSEPH A. SOKOLOSKI DAVID D. JOHNSON JUAN P. NAVA TRAVIS C. SOUTHWICK DERRICK T. JOHNSON ALEXIS A. NEAL JAMES R. SPIES JENNIFER R. JOHNSON JOHN J. NEAL MICHAEL T. SQUIRES PETER H. JOHNSON BYRON C. NEEDUM SAIPRASAD SRINIVASAN THEODORE A. JOHNSON CHAD B. NEIDIG CHRISTOPHER M. STALLINGS TIMOTHY W. JOHNSON ROSS F. NELSON ROBERT W. STEFFEL WILLIAM A. KAHMANN DON A. NESTOR, JR. NICHOLAS A. STERNBERG JAMES A. KARCANES JOEL D. NEWSOM TERRY L. STEWART CHRISTOPHER J. KEESAL, JR. LOI M. NGUYEN PATRICK T. STICH KEVIN D. KELLER KURT R. NIELSON MARK W. STOUFFER JOSHUA C. KENNEDY FRANK L. NIETO CHARLES S. STRICKLER JASON E. KERR ERIC M. NOE LEVI J. SUTTON MICHAEL W. KIELPINSKI EDWIN W. NORDAN, JR. STEVEN L. TABAT JOHN P. KILBRIDE RONALD G. NOVAK, JR. JOHN D. TABB MICHAEL J. KIMBALL ANDREW J. NOVITSKE JASON C. TALIAFERRO ADAM J. KIMMICH BRIAN J. NOVOSELICH ANDREW K. TAPSCOTT LATONDRA M. KINLEY JACK W. NOYES MICHAEL R. TAYLOR, JR. IOANNIS E. KIRIAZIS CHRISTOPHER M. NYLAND WILLIAM B. TAYLOR MERRELL D. KNIGHT, JR. JAMES M. OBRIEN II BRANDON S. TEAGUE SCOTT P. KNIGHT, JR. RYAN P. OCONNOR JONATHAN D. TESSMANN SIDNEY A. KNOX ERIC A. OGBORN DARRIN E. THERIAULT MICHAEL J. KOLINSKI SHERIFF A. OLALEKAN CHEVELLE THOMAS DONALD A. KORPI MARK A. OLSEN SCOTT THOMAS MICHAEL J. KOVACEVIC RICHARD B. ONDERKO TODD G. THORNBURG GLENN E. KOZELKA JEFFREY ORTOLI MICHAEL S. THORNTON PAUL T. KRATTIGER RALPH W. OVERLAND PATRICK G. TOBEY KEVIN M. KREIE JEFFREY O. PAINE NILDA T. TORO CHARLES E. KRIEGER, JR. JAMES G. PANGELINAN JOSEPH M. TORRAIN DAVID M. KRZYCKI JASON M. PAPE FREDERICK J. TOTI JOHNATHON M. KUPKA ANDREW Y. PARK PHILIP S. TOWNSEND JACKSON A. KURTZMAN DUANE M. PATIN MICHAEL F. TREMBLAY DONALD B. LAAUWE PAUL E. PATTERSON TIMOTHY G. TRIMBERGER CHESS P. LAMM TIMOTHY P. PAYMENT JOHN C. TUCKER GORDON LANDALE MICHAEL L. PEELER JOHN T. TUCKER III ANDREW H. LANIER IV THEODORE J. PELZEL KATHLEEN T. TURNER RONALD M. LARGE FELIX A. PEREZ STEVEN A. TURNER JACOB J. LARKOWICH JOHN M. PERRINE JASON B. TUSSEY JONATHAN C. LAUER JACOB A. PETERSON DONALD R. TWISS BROOK G. LEE ERIC J. PIAZZA CHADWICK L. UHL STEPHEN H. LEE CHRISTOPHER L. PITMAN TRENT D. UPTON FRANCISCO J. LEIJA WILLIAM D. PITTMAN TIMOTHY R. VAIL MARK S. LENT STEPHEN J. PLATT LANCE K. VAN ZANDT PHILIP V. LENZ DAVID M. POLIZZOTTI, JR. KRAIG S. VANVLECK PHILLIP R. LENZ CARL A. POPPE JOSE M. VARGAS THEODORE J. LEONARD VINSTON L. PORTER, JR. ANIBAL VAZQUEZCARRASQUILLO VYLIUS M. LESKYS CHRISTOPHER D. PRATT JAMES P. VELESKY MARK S. LESLIE SCOTT S. PRESTON JONATHAN M. VELISHKA MAURICE S. LEWIS WILLIAM H. PRIVETTE DANIEL J. VOGEL ROBERT S. LEWIS TOBY W. PRUDHOMME MICHAEL J. VOLPE MARTIN E. LEWTON JOSEPH A. PUSKAS II DAVID L. WAKEFIELD JASON S. LIGGETT RICHARD J. RACHOW MERLE T. WALKER ROSS F. LIGHTSEY FRANZ L. RADEMACHER JAMIE L. WALLACE JOHN D. LITCHFIELD RALPH W. RADKA BENJAMIN M. WALLEN ERIC E. LOCHNER MICHAEL J. RADKE JAMES N. WALSER JAMES R. LOCKRIDGE II JOSHE E. RAETZ GEORGE WALTER BRYAN L. LOGAN TAGE J. RAINSFORD KEITH R. WALTERS LUIS O. LOMAS ROBEL RAMIREZBERRIOS LAWRENCE R. WALTON EDWARD M. LOPACIENSKI DARREN A. RAPAPORT DAVID R. WATERS JEFFREY A. LOVELL BRIAN R. RAUEN ANDREW J. WATSON DAVID M. LOW JAMES S. RAWLINSON CHRISTOPHER M. WEATHERS CHRISTOPHER W. LOWE NATHANIEL S. REDDEN WILLIAM D. WEAVER JAMES F. LOWE BETH C. RICHARDSON BRYAN T. WEBINGER JOHN W. LUBAS JOSEPH C. RICHEY MATTHEW J. WEINRICH SONISE LUMBACA JAMES G. RIELY CHRISTOPHER B. WELLS BENJAMIN R. LUPER TREVOR O. ROBICHAUX JOHN T. WHELAHAN, JR. TIMOTHY J. MACDONALD TERRY D. ROBINSON CHRISTINE M. WHITMER CORY J. MACK CHRISTOPHER L. ROBISHAW ERIN A. WHITNEY OSCAR MALAVE WILLIAM A. ROCKEFELLER III GEOFFREY A. WHITTENBERG MARTY MALDONADO WILLIAM A. RODGERS STEPHEN A. WICKERSHAM JOSEPH J. MALIZIA, JR. RAFAEL A. RODRIGUEZ PAUL J. WILCOX MICHAEL C. MANNER ELLIOTT L. ROGERS RUSE M. WILEY DANIEL K. MARK SAMUEL E. ROGERS III WILLIAM H. WILKINS III DAVID A. MARKIEWICZ AARON K. ROOF CATHERINE T. WILKINSON JASON L. MARQUISS ROBERT J. ROULEAU WILLIAM T. WILLEY BRAD K. MARTIN EDWARD D. ROUSE COLIN L. WILLIAMS GRANT M. MARTIN DAVID M. ROZELLE JASON T. WILLIAMS TIMMY R. MARTIN PETER S. RUSSO KEVIN D. WILLIAMS NOMATHEMBI MARTINI RENEE D. RUSSO KEVIN J. WILLIAMS SCOTT R. MASSON JONATHAN P. RUTGERS JEREMY R. WILLINGHAM CHARLES L. MATALLANA KEVIN C. SAATKAMP JENNIFER R. WILLIS LEE C. MATTHEWS AMADO SANCHEZ IV MICHAEL S. WILLIS COLLIS D. MAYFIELD MELVIN E. SANDERS CHRISTOPHER W. WILLS PHILLIP W. MAZINGO JOHN W. SANNES JAMES T. WILSON RYAN E. MCCORMACK ANDREW O. SASLAV LUCINDA R. WILSON ROBERT L. MCCORMICK ERIC G. SAYER THOMAS G. WILSON, JR. DAVID P. MCCOY CHRISTOPHER L. SCHILLING ARMIN K. WINDMUELLER KELLIE J. MCCOY TODD A. SCHMIDT ERIC J. WINTERROWD MATTHEW Y. MCCULLEY TROY A. SCHNACK MALCOLM L. WISE JOHN F. MCDANIEL JENNIFER M. SCHROEDER MICHAEL L. WISER JACKIE D. MCDOWELL JENNIFER L. SCHULKE THADDEUS A. WOJTUSIK JAMES T. MCGAHEY TODD SCHULTZ DAVID C. WOODRUFF, JR. DENNIS J. MCGEE JASON A. SCHUYLER SOLOMON WOODS THOMAS M. MCGRATH JOHN G. SCHWEMMER, JR. STEPHEN N. WOODSIDE JOHN A. MCLAUGHLIN DANIEL A. SEGURA CHRIS A. WOODY DAVID M. MCNEILL ERIC C. SELF RYAN L. WORTHAN AARON M. MCPEAKE MICHAEL L. SELLERS, JR. ERIC M. WRIGHT CLAYTON D. MEALS DAVID S. SENTELL LEO J. WYSZYNSKI BRANDON G. MENO SCOTT A. SHAW MATTHEW J. YANDURA

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DAVID G. YOUNGBLOOD JORGE A. ARREDONDO JAMISON R. HINES KEVIN C. ZAMMERT KARL M. ASMUS BRETT J. HISSAM JEFFREY S. ZANELOTTI ADONTIS ATKINS CHARLES L. HITER JAMES E. ZOPELIS PACE R. AVERY RANDALL W. HOBERECHT STEVEN P. ZYNDA JEFFREY B. BACON DANIEL A. HOLLAND D010514 KEVIN S. BADGER ANDREW M. HOLMES D010185 FRANCISCO R. BAEZ ROBERT E. HOLMES D006007 RICHARD R. BALESTRI RICHARD A. HOOVER D011310 BENJAMIN S. BANE KRISTOFER D. HOPKINS D005484 CARRIE L. BARHORST WILLIAM W. HORN D010893 CHRISTOPHER B. BARKER CHARLES E. HORNICK, JR. D010090 DANIEL J. BARNARD ALBERT S. HORVATH III D011058 AARON A. BAZIN TREVOR W. HOUGH D006335 RONALD BEADENKOPF JOEL L. HOUK D010133 JOSEPH D. BECKER THOMAS H. HOWARTH D006311 MICHAEL R. BELTON BLUE HUBER D004464 AMOS R. BENNETT HARRY D. HUNG D011235 CLAUDE A. BENNETT, JR. CHRISTOPHER A. INGELS D011031 JOHN R. BILLMYER KIRK A. INGOLD D006284 DUSTIN D. BISHOP FRANCIS W. IRWIN III D011083 BENJAMIN L. BLACKMAN HEATHER A. JACKSON D010630 CHARLES R. BOLES MARCUS W. JACKSON D004938 KEVIN G. BOLKE ERIC M. JAMISON, JR. D006293 HESTON F. BOWER JAMES E. JENKINS II D002849 BRIAN J. BRANDT JEREMIAH J. JETTE DAN R. BRUE II D003917 GREGORY J. JOHANEK REGINALD E. BRYANT ANTHONY N. JOHNSON D003093 MICHAEL P. BUCHKOSKI BRAD A. JOHNSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JUSTIN W. BUDD CHRISTOPHER G. JOHNSON TO THE GRADE INDICATED IN THE UNITED STATES ARMY DAVID L. BUFFALOE TIMMY E. JOHNSON MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., GEOFFREY R. BULL CHRISTOPHER P. JONES SECTIONS 624 AND 3064: WILLIAM W. BURCH DANIEL D. JONES To be major ANDRE L. BURKS GARRETT P. JONES CURTIS R. BURNS STEVEN J. JONES JOSEPH R. NEWCOMB PHILLIP G. BURNS DEXTER A. JORDAN DEREK F. BURT CARLA T. JOYNER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JON A. BUSHMAN DOUGLAS C. JUDICE TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOHN R. BUSSOLARI CHRISTOPHER E. KEESHAN MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 MICHELE P. CALLAHAN DANIEL W. KIDD AND 3064: VICTORIA J. CAMPBELL MINDY A. KIMBALL To be major CRAIG B. CARDON LARRY D. KIMBRELL, JR. GILBERT M. CARDONA CAYLA W. KING MOROHUNRANTI O. OGUNTOYE GWYN A. CARVER DAVID M. KIRKLAND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ELIZABETH A. CASELY ERIC T. KISS TO THE GRADE INDICATED IN THE UNITED STATES ARMY DAVID J. CHANG DAVID C. KNAPP MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., TEDROSE H. CHARLES MARK D. KOLVA SECTIONS 624 AND 3064: JAMES F. CHASTAIN, JR. JACK L. KOONS III JOHN C. CHECCO CHRISTOPHER M. KORPELA To be major GABRIEL A. CHINCHILLA GARY R. KRAMLICH II KEITH A. CHISOLM MICHELLE A. KRAWCZYK AUGUST SEEBER SUNG H. CHON MICHAEL J. KUZARA IN THE AIR FORCE JAMES E. CHRISTMAN KRISTOFER S. LABOWSKI JAMES B. COGBILL ROBERT A. LAFLAMME THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR CECILIO R. COLEMAN JEFFREY T. LAKEY APPOINTMENT TO THE GRADES INDICATED IN THE TONYA L. COLLINS JAMES A. LAMBORN UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SEC- TERENCE J. CONNOLLY SEAN M. LAVIGNE TION 531: CHRISTOPHER H. CONWAY NORMAN S. LAWRENCE To be lieutenant colonel REX A. COPELAND BRYAN C. LECLERC RANDY R. COTE JAMES W. LEE JEFFREY R. ALTHOFF ROBERT E. CROFT JAIMIE E. LEONARD MARSHALL S. HUMES PATRICK E. CURRY STEVEN W. LIBBY JARED K. CZAP SHANE F. LIPTAK To be major MATTHEW F. DABKOWSKI JEFFERY L. LONG GREGORY T. MCCAIN ANDRE W. DANCY ALJONE D. LOPES ROBERT S. DAVIDSON BRYAN M. LOVE IN THE ARMY SOPHIA L. DAVISREID AARON B. LUCK WAYNE T. DAWSON CHRISTOPHER S. LUTZKANIN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID L. DE ATLEY H C. LYLE TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL E. DEBOER KEVIN M. MACNEIL AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND AIMEE S. DEJARNETTE MARK H. MADDEN 3064: DOROTHY L. DELEON MARY L. MAGSINO To be colonel JASON W. DICKERMAN AMANDA L. MANLEY BRIAN S. DIETZMAN BENJAMIN J. MARLIN ERIC J. ALBERTSON ALAN H. DINERMAN LAWRENCE D. MARTIN SAMUEL K. GODFREY LUKE R. DONOHUE CARLOS I. MARTINEZ PAUL K. HURLEY RODNEY E. DRAYTON BRIAN J. MARZAN JOSEPH H. MELVIN ALYSSA G. DREW ERIC P. MCALLISTER MARK B. NORDSTROM ANTHONY R. DUBAY SIM J. MCARTHUR MATTHEW P. PAWLIKOWSKI JOHN A. DUDA, JR. THOMAS J. MCCARRON III CHARLES E. REYNOLDS SEAN D. DUNCAN JOSHUA MCCAW, SR. RAYMOND A. ROBINSON, JR. DAVID S. EATON DEMETRIUS R. MCCLARTY PETER R. SNIFFIN KEITH D. ELLIOTT RAY D. MCDONALD III SCOTT A. STERLING PAUL F. EVANGELISTA WILLIAM C. MCDOWELL JEFFREY L. VOYLES EDIE M. FAIRBANK THOMAS J. MECCIA JEFFREY D. WATTERS MICHAEL J. FEELEY JOHN W. MEEK JEFFREY L. ZUST BRAD D. FENSKE ROBERT E. MEINE D010088 JONATHAN E. FLANAGAN GLENN O. MELLOR D011234 MATTHEW J. FOULK CHASE G. METCALF THE FOLLOWING NAMED ARMY NATIONAL GUARD OF GREGORY FREY BENJAMIN D. MILLER THE UNITED STATES OFFICERS FOR APPOINTMENT TO JOHN A. FRICK TERREL L. MILLER THE GRADE INDICATED IN THE RESERVE OF THE ARMY LUIS G. FUCHU DARIN W. MILLS UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JOSHUA J. FULMER KEVIN L. MITCHELL DANIEL M. GADE TODD A. MOE To be colonel ANDREW P. GAMBLIN DAVID J. MOLINARI STUART N. BURRUSS CHARLES V. GATES II DELFIN L. MONROY, JR. PERRY A. CARTER JOSEPH C. GELINEAU RICK L. MONTANDON TONI L. COATS RICHARD L. GEREN HAROLD S. MONTOYA MICHAEL L. JOHNSON CHAD A. GIACOMOZZI JOHN C. MOORE JOHN P. MORETH DAVID W. GILL BRENT D. MORROW CAROL K. OLSON ANTHONY G. GLAUDE LAWRENCE A. MULLANY ROBERT J. QUINKER III ROBERT A. GLECKLER RONALD F. MYERS ADELAIDO GODINEZ III RICHARD J. NAMETH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LUCIANO GONZALEZ WALID R. NASR TO THE GRADE INDICATED IN THE UNITED STATES ARMY GARY L. GOOD OCTAVIO NAVEDOCORTES UNDER TITLE 10, U.S.C., SECTION 624: JAMES I. GREENLEE II PAMELA A. NEWBERN To be lieutenant colonel EUGENE J. GREGORY JASON B. NICHOLSON LEMAR R. HALL WAYNE O. NITZSCHNER ANDRE B. ABADIE JAMES M. HALLORAN DELTON NIX, JR. WILLIAM T. ADAMS STEWART S. HAMBLEN PAUL NIX JEREMIAH A. AESCHLEMAN SANG D. HAN BRIAN C. NORTH ADAM A. ALBRICH MARILYN HARRIS CURTIS W. NOWAK LUIS G. ALVARADOCOLON REGINALD M. HARRIS DEXTER C. NUNNALLY MATTHEW A. ANDERSON JOSH W. HELMS LUIS G. OAKLEY, JR. SCOTT D. APPLEGATE EDWARD R. HERRMANN CANDICE E. OBRIEN JOEL R. ARELLANO JASON L. HESTER CHRISTOPHER M. OBRIEN MATTHEW J. ARMSTRONG JAMES N. HICKMAN III BUCKLEY E. ODAY III ROBERT C. ARMSTRONG PAUL D. HICKS JACQUELYN K. OLSA

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ERIC R. OLSON ROBYN D. WOOD STEVEN A. ERICKSON MATTHEW N. OLSON JOHN H. WOODCOCK, JR. PHILIP J. ETZKORN JASON B. ORLICH GEOFFREY W. WRIGHT ERIC J. EVERTS OSVALDO N. ORTIZ DILLARD W. YOUNG STEPHEN A. FABIANO SANTIAGO J. OTEROORTIZ MATTHEW M. ZAIS DONALD A. FAGNAN CHRISTOPHER E. OXENDINE ROBERT C. ZANCA CARL J. FAISON TYLER J. OXLEY JONATHON L. ZAVORKA SYLVIA FARMER ROBERT J. OZANICH DAVID M. ZELKOWITZ STEVEN R. FARRELL REBECCA D. PATTERSON DANIEL M. ZERBY DONALD R. FERGUSON, JR. MICHAEL K. PAVEK TODD S. ZWOLENSKY CHARLES A. FISHER, JR. ANDREW F. PEKALA D010902 MICHAEL S. FLEMING PHILIPPE R. PERSAUD D011200 AMANDA H. FLINT JESSE A. PHILLIPS D004451 JOEL D. FRANKLIN RODGER PITT D010534 TIMOTHY B. FRANKLIN ALANA L. POMPA D005833 ALEXANDER GALLEGOS MICHAEL J. PONCHAK D003656 BENJAMIN C. GARNER, JR. COREY S. PRESSLEY G001164 GREGORY S. GATRELL SCOTT L. PREUSSER G001407 KERRY L. GEORGE TERRENCE C. PURNELL G001052 GREGORY K. GIBBONS ROBERT C. RAMSEY D001273 DERERICK D. GILES CHRISTOPHER C. RANKIN D010657 RANDY J. GILLESPIE DAVID J. RAPONE D010354 ANDREW L. GILMAN MARK G. RASMUSSEN D011140 TROY S. GLASSMAN JOSEPH D. REAP D010729 SAMUEL B. GLOVER, JR. MICHAEL A. REARDON D005697 AMY L. GOUGE MICHAEL C. REMBOLD D010196 JOHN F. GOVAN III WESLEY P. RICHARDSON D005349 JOSEPH W. GREENLEE DAVID M. RICHKOWSKI G001060 LADD O. GREGERSON WILLIAM RILEY GREGORY J. GRUSENMEYER BENJAMIN A. RING THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BARBARA G. HAINES STUART C. RINKLEFF TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRIGITTE R. HAMPTON ARMANDO RIVERON UNDER TITLE 10, U.S.C., SECTION 624: JOHN W. HANKINS JENNIFER K. ROBERSON To be lieutenant colonel KENNETH S. HANLEN GLENN S. ROBERTSON COREY W. HARRIS CHRIS E. ROBINSON JOHN J. ACEVEDO JEFFERY D. HARRIS ISMAEL R. RODRIGUEZ FREDDY L. ADAMS II MICHAEL J. HARVEY ALBERTO RODRIGUEZCRUZ JOHN D. ADAMS NICOLE B. HAYES JONATHAN W. ROGINSKI RYON F. ADAMS DAWN D. HAYMAN JAE C. ROOD JASON P. AFFOLDER GORDON A. HEAP GREGORY S. ROSS KEVIN J. AGEN KENNETH G. HECKEL JASON L. ROSS ALEXANDER B. ALEJO COREY P. HEMINGWAY AMANDA M. ROSSI MARK L. ALLEN MARTIN J. HENDRIX III MARK W. ROWELL KATHY L. ALLISON DAVIEN L. HEYWARD ANTHONY J. RUDD MAURICE O. ALSING ERIK E. HILBERG DANIEL W. RUECKING LEITH A. AMES DAVID T. HILLS SANDRA RYGALSKI MICHAEL C. ANDERSON YOLANDA M. HINES JACK W. SANDER III WYETH S. ANDERSON KRISTA M. HOFFMAN ADAM R. SANDERSON ALEXANDER D. ARNOLD THOMAS J. HOLLAND III BLAIR J. SAWYER EDWARD P. AUSTIN SHAWN R. HOLZHAUSER TODD A. SCATTINI KENNETH J. BABCOCK JASON R. HOUSE ANTHONY SCHEVALIER HEIDI A. BAIRD DANIEL R. HUBBARD MICHAEL P. SCHOCK KEVIN M. BAIRD ADRIAN L. HUGHLEY TODD A. SCHOEBERL TERRIE L. BAISLEY JOHNATHAN M. HURWITZ JEFFREY L. SCHULTZ JASON L. BAKER JAMES E. INGUAGIATO GREGORY E. SCHWARZ RAYMOND T. BANKS ROBERT S. JARZYNA MANUEL D. SEPULVEDA FREDRICK L. BARBER JON E. JECKELL DAVID A. SETTJE MARTIN A. BARR, JR. JEREMY J. JEFFERY GREGORY K. SHARPE DANIEL A. BARTLETT BENJAMIN F. JOHNSON ERIC A. SHAW STEPHANIE A. BARTON CHRISTOPHER R. JOHNSON MICHAEL A. SHEKLETON ARCHIE L. BATES III HERMAN L. JOHNSON, JR. BRIDGETTE K. SIMMONS CARY A. BATHRICK MICHAEL W. JOHNSON CRISTIAN J. SIMON JULIA BELL HUMBERTO I. JONES ANTHONY W. SIPPERT MYRON L. BELL SAMANTHA M. JONES LAWRENCE E. SKELLY III CORY N. BERG GBENGA B. KAFFO JAMES L. SMALLWOOD ARICAI M. BERRY THEOPHILE KANG SUSAN A. SMELTZER PATRICK J. BERRY GARY L. KASAVICHA CANDY S. SMITH JEFFREY BIGGANS JEFFREY L. KEATING CRAIG C. SMITH JOSEPH R. BLANTON THOMAS D. KELLEY ERIC J. SMITH CYNTHIA J. BLEVINS JOSEPH D. KELLY JENNIFER J. SMITHHEYS HECTOR M. BONETGUTIERREZ TINA KIM JAMES L. SNYDER ANTHONY J. BONIFACE, JR. MATTHEW J. KIME MATTHEW C. SOBER CRAIG P. BOSTON SCOTT B. KINDBERG KHOT SOUIMANIPHANH RICHARD M. BRATT CLETIS R. KING, JR. BRYANT D. SPRINGER MICHAEL A. BRAULT LOUIS L. KING GREGORY D. STALLINGS MATTHEW S. BRESKO RANDALL L. KLINGENSMITH THOMAS M. STEVENSON JOHN R. BRETTHORST BRANDON C. KLINK JOSHUA W. STEWART ANGEL M. BRITO PAUL A. KOPELEN SEAN F. STINCHON ZARA R. BROADENAX JASON K. KRISTOLAITIS BRADY L. STOUT STEPHEN H. BROCK, JR. KEITH R. KRUELSKI ERIC N. STROM DEMETRIUS D. BROOKS CURT E. KUETEMEYER JOHN D. SUGGS, JR. CLARENCE T. BROWN IV ROBERT K. LAMBERT CHARLES A. SULEWSKI, JR. HALBERT BROWN TIMOTHY J. LANCASTER STEVEN S. SWANSON JOSEPH D. BROWN CALVIN J. LANE STEVEN J. SWINGLE KATHY M. BROWN ERIC D. LARSEN THOMAS E. SWITAJEWSKI, JR. JOHN T. BRYAN MARC F. LEDUC JOHN P. SWOOPES MICHAEL D. BURCHAM JAMES R. LEE JOHN T. TATOM JAMES T. BURGESS ARTURO Z. LINCON MICHAEL D. TAYLOR CHRISTOPHER M. BYRD DONALD T. LOGSDON MICHAEL F. TEASTER, JR. COLEEN CARR JEFFERY P. LUCAS SIRIANOSAC THEPSOUMANE LISA L. CARTER DAVID E. LUTTRELL GERALD S. THOMPSON RAYMOND C. CASHER JAMES F. LYNN LARRY E. TINDELL JUAN C. CERVANTES HEATHER L. MACK JAHAN TOLLIVER JAMES Y. CHONG FREDRIC R. MADDOX CHRISTOPHER L. TOMLINSON ROBERT B. CHURCH LANDIS C. MADDOX MANUEL A. UGARTE JAMES L. COE II YOLANDA B. MADDOX THADDEUS L. UNDERWOOD JOSEPH M. COLACICCO SUSAN E. MANION TIMOTHY VALADEZ STEPHEN M. COLLINS WHEELER R. MANNING JOHN F. VANSTEENBURGH JOHN S. COMBS BRYON L. MANSFIELD GILBERTO R. VAZQUEZ JOHN M. COOPER SCOTT E. MARIHUGH BRETT J. VERNETTI MALCOLM S. CORNISH JEANETTE A. MARTIN CRAIG W. VIETH MICHAEL C. CROSSLEY REGINALD G. MARTIN TOBIAS O. VOGT JUSTIN C. CRUPPER JOHN T. MASTERNAK ERIC C. VOIGT WILLIAM T. CUNDY BRIAN D. MATTHEWS ROBERT D. WAGNER BOBBY H. DAVIS MICHAEL P. MCCLEISH DARRELL E. WALKER V J. DEBOER JOHN W. MCDONALD JASON E. WARNER DARYL G. DEVERAWADEN ROBERT L. MCDONALD, JR. KRISTA L. WATTS PATRICK A. DISNEY DAVID H. MCDOWELL STEPHEN T. WELLEIN MITZI L. DIX REBECCA B. MCELWAIN JONATHAN M. WILEY STEPHEN P. DONDERO SCOTT L. MCKEE BLAIR S. WILLIAMS MARC C. DORRER MONDREY O. MCLAURIN DAVID M. WILLIAMS, JR. STEPHEN D. DORRIS JASON A. MEAD JOSEPH E. WILLIAMS KEISHA R. DOUGLASS CHRISTIAN B. MEISEL KENNETH A. WILLIAMS MARY O. DRAYTON ROBERTO J. MERCADOROMERO TROY H. WINCAPAW WILLIAM P. ECKSTEIN MARCI D. MILLER STEVEN M. WINKLEMAN RONALD L. EGGELSTON MICHAEL F. MINAUDO SUNG H. WON REBECCA L. EGGERS TODD D. MITCHELL MANUEL S. WONG CHRISTINE V. ENRIQUEZ GEORGIA E. MONCAYO

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BUCKY L. MOORE GUY YELVERTON III STEPHEN A. ROBERTS FELICIA R. MOORE ABEL E. YOUNG ARTHUR A. RUSSELL FRANK A. MOORE MARK E. YOUNG JANET L. SAWYER KEVIN L. MOORE ALEXANDER R. ZEHNDER REBECCA A. SEGOVIA LARRY D. MOORE, SR. TIMOTHY R. ZETTERWALL DAVID M. SENESE LARRY R. MOORE D010977 JAMES M. SHELLEY WENDELL S. MOORE D011277 DWAINE A. SIADE RAYMOND H. MORGAN III D011097 CHALLIS H. SMITH ROBERT C. MORRIS III D010780 JAMES A. SMITH DARYL R. MORSE D010778 PATRICK J. TANGNEY JOHN M. MOTSZKO D004271 DEANNA L. THOMAS MICHAEL G. MOURITSEN D010397 MARIVEL VELAZQUEZ KURT A. MUELLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DUANE E. WESTBERG AUGUST MULLER IV TO THE GRADE INDICATED IN THE RESERVE OF THE MATHYN D. WILLIAMS JASON J. MURPHY ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DANIEL J. WILTZ CHARLES A. MUSANTE MARK S. WRIGHT TODD A. MYERS To be colonel ANNE E. YOUNG KIMBERLY D. NASH KATHLEEN P. NEUMANN JEFFREY S. BELL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOPHER D. NOE DANIEL R. BURRIS TO THE GRADE INDICATED IN THE RESERVE OF THE BRIAN S. OLSON ERIC L. EBB ARMY UNDER TITLE 10, U.S.C., SECTION 12203: GARY R. OSULLIVAN SAMUEL C. GIESE To be colonel CARL R. OTT THERON E. GUNN LUIS A. PARILLI WILLIAM D. JENKINS ELIZABETH A. BAKER JOHN R. PARKER MARK R. THORNTON TANYA S. BAKER MICHAEL A. PATRICK THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR AVA C. DAVIS SCOTT A. PEACHEY APPOINTMENT TO THE GRADES INDICATED IN THE JOHN P. EDDY SCOT D. PEARS UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, GREGORY A. KOLB JAMES R. PECKHAM, JR. U.S.C., SECTIONS 531 AND 3064: JIMMY R. PERKINS JASPER E. PENNINGTON KATHRINE S. PONDER BRENDA F. PERRY To be lieutenant colonel IAN J. TOLMAN JUSTIN C. PERUSEK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KARL R. PFUETZE STEVEN E. BATTLE TO THE GRADE INDICATED IN THE RESERVE OF THE MATTHEW A. PHELPS FRANK T. BRYANT ARMY UNDER TITLE 10, U.S.C., SECTION 12203: FREDERICK R. PHILIPP MARIAISABEL HERRAN SHARLENE M. PIGG RAFAEL NUNEZ To be colonel KENNETH D. PINDELL, JR. To be major CYNTHIA L. PITTMAN PATRICK M. ARIDA WARREN L. PITTMAN OWEN M. GROSSMAN MICHAEL A. ARIZMENDI DANIEL R. POWERS PAUL B. HILL MICHAEL J. BACHMANN BRYAN K. PREER LUZMIRA A. TORRES PERRY A. BALL SEAN P. PUTNAM THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DEBORAH C. BARRETTE STEVEN E. PUTTHOFF THE UNITED STATES OFFICERS FOR APPOINTMENT TO ROBERT W. BATTS, JR. SHELLEY A. RAYMOND THE GRADE INDICATED IN THE RESERVE OF THE ARMY DONALD L. BECKETT HATTIE L. RICHARDSON UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: CATHERINE J. BENHAM JOHN E. RICHARDSON SANDRA V. BERMUDEZ KIRK M. RINGBLOOM To be colonel JERRY L. BETZLER MICHAEL E. RIVERA NARENDRA S. BHAGWANDIEN ANTHONY H. ADRIAN ANGEL D. ROJAS HENRY E. BOHNE GLEN D. CHANCELLOR PHILIP J. ROOT SANJEEV R. BONGU JAMES P. COLEMAN JASON W. ROSS JOE M. BRAY JOE C. COMBS PHILIP G. ROTTENBORN JAMES M. BRUCE WILLIAM T. CONWAY CHRISTOPHER J. RUGA JAMES R. BRUCE, JR. ROBERT J. M. HARRIS TERRY S. RUSSELL DENNIS B. CALLENDER BENJAMIN F. JONES III MICHAEL A. SABB BENIS G. CARNES NORMAN P. C. LIMTIACO BOBBY L. SADLER, JR. DAVID K. CASSIDY DEREK N. LIPSON SANDRA J. SANCHEZ GLORIA J. CHAPMANSCOTT ERIC D. MAXON EARL B. SCHONBERG, JR. BELINDA J. COAKLEY CYNTHIA A. MILLONZI STEVEN P. SCHULTZ DIANNE P. COOPER KATRINA G. PILLOW STEVEN D. SCHWANTES WILLIAM A. COOPER RODNEY G. SWANN DOMINIC M. SCOLA TAMMY J. COST JOHN F. WOYTE JOHN H. SENSLEY ADA M. COSTA BRADY M. SEXTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHARLES C. CUMISKEY SHERRI L. SHADROCK TO THE GRADE INDICATED IN THE RESERVE OF THE DWAYNE N. DAMBA MARC N. SHAFER ARMY UNDER TITLE 10, U.S.C., SECTION 12203: KENNETH W. DAVIS JEFFREY A. SHANER To be colonel DUANE C. DEVANCE MARGARET J. SHARPNACK DANIEL P. DICHIERA JONATHON C. SHEPARD FREDRIC N. AMIDON DAVID D. DORSEY ANDREW D. SHERMAN JAMES E. ANDERSON, JR. JUDITH A. DRISCOLL JACK E. SHIELDS III JAMES R. ARNESON YOLANDA P. DUNCAN SEAN M. SMITH JERRY H. BARTLETT DIETER J. DUPONT ROBERT J. SOLTIS HOWARD H. BOND GEORGE A. EAPEN PATRICK A. STAMM MICHAEL J. BOYKIN JAMES R. EDWARDS BRIAN P. STEELE FLOYD M. BURGHER, JR. THOMAS W. ENGLEHART THOMAS W. STOCKS VITO CIARAVINO RONALD J. EVERSON ANTHONY A. STOEGER WILLIAM G. COSTELLO KATHLEEN D. FARR JONATHAN L. STUDER FRANK J. DEANGELO HOPE D. FAVREAU MARCOS J. SUAREZMORALES GREGORY E. DOERFLER DAVID P. FOLEY JOE J. SUDDITH, JR. DAVID E. DOLLENS GARY L. FOSTER MICHAEL G. SUMMERS DAVID A. DOUD STANLY J. FOSTER ELIZABETH A. SWEENEY EDWARD M. DRAPER SANDRA L. FRESH BRADLEY C. TANDE, JR. LAWRENCE A. EDWARDS JUDY A. FRYOVER JACK S. TAYLOR CONSTANCE A. ESSEX STEPHANIE K. GERBER JOSE R. TERRONES ROBERT J. FERRY, JR. GERRY R. GERRY JASON P. TOEPFER LARRY D. FLETCHER, JR. RONALD F. GIFFLER DAVID E. TOMPKINS, JR. DELBERT FORD STEPHEN W. GOLDSMITH PON V. TRAN JOHN W. GALLASPY DAVID GOODSPEED ANDREW P. TURNER JOHN T. III GANT NANCY A. HARPOLD JOHN T. TURNER, JR. TIMOTHY P. GARNER SCOTT K. HARRISON STEPHEN D. TURNER ANDREA D. GAYLEBENNETT GINGER D. HILL DOUGLAS M. TWITTY ROBERT L. III GEAR CONCETTA R. HOLLOWAY SHANE M. UPTON BETTY K. HATFIELD LINDA J. HOLLOWAY MARK W. VANDERSTEEN KONARD O. HAUFFE LACEY K. HOMAN DAMON S. VARNADO CARL F. HAUSLER EDWARD C. HORWITZ WILLIAM R. VENABLE SUSANNE J. HILLMAN PAUL M. HUDDLESTON CLINTON D. VERGE JESSE T. HUFF JENIFER J. HUG JOSHUA S. VOGEL MICHAEL A. JACQUES ALICE H. HUNTSMITH MARVIN L. WALKER DEBORAH M. KENNEDY RENE N. JACOB YOULANDA M. WALKER VICTORIA S. KILCAWLEY KEITH J. JACOBY ANTHONY T. WALTERS JOHN A. KING ANTHONY A. JAMES BENJAMIN J. WALTERS RODNEY K. KOERBER MARVIN F. JENSEN CHARLES W. WARD MICHAEL K. LANDADIO GRANVILLE JOHNSON DAVID A. WARE THOMAS E. LEE WALTER S. JOHNSTON YULONDA D. WASHINGTON ARNOLD B. LEEKS ROGER A. JONES WALLACE E. WEAKLEY, JR. MATTHEW M. LUKE JACQUELYN D. KIMBALL LATHESSA A. WHITAKER PERRY R. MALCOLM MARY P. KING JEFFREY R. WHITE CRISTOBAL V. MANDRY THEODORE C. KOUTLAS CHRISTOPHER W. WHITMARK RICHARD J. MCKIM LINDA A. KRAMER ROBERT D. WIGGINS PHILLIP B. MONAGHAN MURRAY R. KRAMER ISAAC A. WILLIAMS PATRICIA A. NEELAND MARILYN K. LAZARZ JOSEPH WILLIAMS, JR. ALAN S. NELSON RUSSELL S. LEEWOOD ROBERT M. WILLIAMS TIMOTHY R. NEWCOMB PHILIPPE H. LEMOINE DAVID C. WOOD DARRELL R. OVER ELIZABETH L. LOHSE TROY W. WORCH JOHN K. PETRERA JOSEPH M. LUZ GREGORY R. WORLEY RICHARD W. PINSKER WILLIAM S. LYNN J B. WORLEY III RYAN R. REICHENBACKER JOHN D. MALIA WILLIAM B. WYLES KEVIN J. REICHMUTH CHAITANYA S. MANGALMURTI

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MICHELE M. MANGO MATTHEW E. CHRISTY IVY Z. LI TIMOTHY Q. MAPLES CADE C. CINNAMOND DAMIAN J. LIEBHARDT JOSEPH A. MARSIGLIA MICHAEL J. CIRIVELLO JONATHAN T. LIEBIG MITCHELL M. MATUNDAN GRETCHEN A. COADY ANDREW L. LIZEK ANN E. MCELFRESH BRIAN J. COLSANT DUSTIN A. LORENTZ JOHN A. MCFADYEN WILLIAM K. CONLEY II DEBRA M. LOWRY DAVID F. MCKEE JERALD L. COOK NICOLE L. LUNCEFORD JOSEPH P. MCMAHON MARK P. COSEO JOHN M. LYDON TERRY A. MESSMER TIFFANY C. COX MICHELLE M. LYNCH GEISELE E. MILES MICHAEL L. CRANDALL THOMAS J. MACKEY DAVID H. MOIKEHA HAMPTON A. CRIMM GREGORY C. MALLO ROGER A. MYERS RAYMOND J. CUDNIK III PETER A. MANCINI GEORGE W. NEWTON ADRIAN M. CUELLAR EDWIN MANLEY, JR. DANIEL C. NG MICHAEL E. CUNNINGHAM CHRISTY L. MANTANONALEE KEVIN J. OLIVER NATHAN S. CUTLER JAMIE MARKO SALLY A. OLLIO EMAD H. DANIEL MARTIN R. MARQUEZ HADLEY C. OSRAN ROXANNE N. DANIELSON JAMES D. MATHEWS RICHARD PADRON ERIK E. DAVILAMORIEL EVAN E. MAY SARA J. PASTOOR BENNETT L. DAVIS MICHAEL K. MCCARTHY MARIE A. PATTI DANIEL W. DAVIS II JAMES A. MCCOMBS GURNEY F. PEARSALL DANIEL P. DECECCHIS MICHAEL L. MCCONNON ROBERT E. REDFERN MEGAN M. DECECCHIS PATRICK R. MCKENNA SYLVEN B. REED AMBER N. DECHAMBEAU PATRICK M. MCLAUGHLIN ROBERT K. ROUSE GABRIEL DELATORRE SANDRA S. MCLAUGHLIN GILBERT R. ROWLEY DAVID R. DONAHUE PAUL D. METZGER JOSEPH J. RUBELOWSKY KATHLEEN M. DONAHUE MATTHEW M. MICHALOWICZ JACQUELYN A. RUSSEK TIMOTHY J. DONAHUE JOSEPH D. MICKELSON ANTHONY E. RUSSELL MICHAEL K. DONNELLY JASON A. MIHALCIN BETH A. SALISBURY SUPRIYA R. DONTHAMSETTY JESSICA M. MILLER HENRY L. SANDERS MICHAEL L. DOXEY KYLE E. MILLER MARY L. DRYER RUSSELL J. MILLER DIDAR S. SARAI MICHELLE R. DUNLAVY THOMAS C. MILLER HENRY L. SCARBROUGH CASSANDRA M. EAKIN ERIN K. MOORE TIMOTHY R. SCHLEY ROBERT S. EBERLY MATTHEW D. MOORE MARTIN A. SCHREIBER MICHAEL P. ELLIS COLLEEN E. MULLIN BRADLEY F. SCHWARTZ JOANNE P. ELSTON MEREDITH R. NEAL MARSHA D. SHIVLEY TYLER C. ENSLEY MERRILYN E. NELSON DEAN A. SHOUCAIR RICHARD J. EPPEY STEPHEN L. NOBLE KATHERINE A. SIMONSON HEATHER FEAGINSFLETCHER THIDA N. NUNTHIRAPAKORN VENICE SMILEY DALIA FIGUEROA MONICA D. ORMENO CHRISTOPHER P. SMITH JAMIE L. FITCH NEAL E. PALMREUTER STEPHEN M. SOKOLOFF AARON W. FLANDERS SANDEEP R. PANDIT DIANA L. STEWART AMY E. FLISCHEL ADRIENNE L. M. PARAD RYUNG SUH BRIAN C. FOLEY BILLIE K. PARK LINDA R. SUMERLIN DEIDRA S. FOREMAN ANDREW M. PARSONS LON E. SUNSHINE CRAIG T. FOSSEE SHWETA V. PATEL PATRICIA L. TUGGLE JANELLE A. FOX DAVID A. PENNINGTON VINCENT VALINOTTI CARL R. FREEMAN ANGEL J. PEREZ KIRK M. VINCENT JAMES D. GENDERNALIK JAMAL A. PHILLIPS JAMES R. WILLIAMS, JR. RYAN C. GIBBONS BRYAN J. PLATT MARETHIA A. WILLIAMS EMILY A. GILLEY JACOB R. PLETCHER ARTHUR L. WOMBLE DAVID M. GLASSMAN SARA M. POPE MARY J. WRIGHT ROSS A. GLINIECKI RAY PORTIER KITRICK E. WULF JENNIFER H. GOLDBERG JOSHUA R. POTOCKO KATHLEEN L. YACOVELLI WILLIAM D. GOLDENBERG DAVID J. POWELL KIYOTAKA A. YAZAWA AARON J. GONZALEZ KEVIN S. PRESTON LINDA K. YEE KATHERINE GOOD TRENT K. PRICE SHARON K. YENNY ROBERT B. GOY AMY M. PRITCHARD JOCELYN E. YU SARAH L. GRANGER AMANDA G. QUERRY ALI S. ZAZA ROLF E. GRANING ROBERT G. QUINTON IN THE NAVY ANDREW D. GRAVES ZOE G. RAFAAT DALLIS L. GREEN WILLIAM S. RAGON, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS J. GREEN ABIGAIL M. RAMSEYER TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRETT W. HAAKE RAHIM A. REMTULLA UNDER TITLE 10, U.S.C., SECTION 624: JOSHUA D. HANDBURY SHANNON L. RIGLER To be lieutenant commander JACOB D. HARRIS VICTOR A. RIVERA THOMAS J. HAYES SEAN M. ROARK DEMETRIA L. AARON JUSTIN L. HEATH LANGAN P. ROBBINS LISA L. ABELS MARK D. HEITZMANN KRISTINA M. ROGISH VINCENT L. ACKERMAN GREGORY S. HENDERSON RYAN C. ROMANO MICHAEL A. AJAO KENNETH A. HENDRICKS ADRIANA N. ROSALES PAUL J. ALBERICO ANATOLY K. HERNANDEZ LISA R. D. ROSE TRACY J. ALEXANDER BENJAMIN R. HERSHEY LINDSEY E. ROSEN JOHN D. ALLEN BENJAMIN D. HOAGLAND CRYSTAL A. RUSSELL CELINA C. ALUOTO MATTHEW F. HOEFLER DAVID J. RUSSELL CHRISTOPHER J. AMANN AMANDA B. HOOPER JOHN W. SAENZ JEANNETTE L. ANDREWS MATTHEW A. HUMPHREYS FATIMA L. SALAS ARRIEL E. ATIENZA ANDREW P. HURVITZ STEVEN B. SAPIDA CHRISTOPHER W. BAILEY LANG O. JACOBSON ERIK M. SASOVETZ DAVID F. BAILEY DINCHEN A. JARDINE JULIA A. SAVITZ GEORGE C. BALAZS CHRISTOPHER M. JOHNSON ROBERT C. SCALISE RUSSELL P. BALMER JAMIE Y. JOHNSON BRUNO A. SCHMITZ BRETT A. BANKS KEVIN D. JOHNSON MICHAEL S. SCULLY TAYLOR A. BANKS LUCAS A. JOHNSON BRET M. SEBASTIAN JEREMY P. BARAN MARK S. JOHNSON ANN E. SHAFER MICHAEL J. BARRA REBECCA L. JOHNSON ERIC C. SHAFER EMILY C. BAUM ALISHA L. JOHNSTON HEATHER L. SHIBLEY BRETT F. BECHTEL VICTOR J. JOURDAIN BRIAN W. SHIPPERT WILLIAM M. BEER JAMES A. JOWDY CARTER H. SIGMON DONALD R. BENNETT KEVIN D. KEITH ADAM C. SISCHY ROBERT E. BENOWICZ MATTHEW W. KELLER ERIN H. SJOSTROM TIMOTHY J. BERGAN ANDREW M. KELLERMANN JODIE M. SKRZAT VERONICA E. BIGORNIA BENJAY J. KEMPNER KENNETH V. SLACK ASHLEY R. BJORKLUND AMANDA S. KENT JORDAN D. SMITH ERIN M. BLEVINS ERIC L. KENT STEPHANIE M. SMITH MICHAEL J. BLOIR RHAIANNON KENT CANDICE M. SNYDER JONATHAN A. BOLANOS JOSHUA B. KENTOSH ROBERT B. SPENCER GWENDOLYN E. BOWERS ANGELA M. KEON CHERYL M. STARRETTKELLER BRIAN A. BOYD BRIAN M. KEUSKI NATHANIEL L. STEPP ERIC J. BRANTLEY MICHAEL J. KILKELLY CHRISTOPHER A. STETLER MATTHEW L. BRASLOW CHRISTINE Y. KIM SHANNON STOUT JESSICA R. BRAWLEY TIM I. KIM ALAN A. STRAWN MEGAN A. BRELSFORD LEVI K. KITCHEN JONATHAN M. STUART ERIK D. BRINK SHELDON M. KNIGHT FAYE E. SUNDAHL STEPHEN M. BRONAUGH MATTHEW M. KOEHLER DOUGLAS W. TALK DAVID J. BURNIKEL BRIAN R. KRAUSE ERIC R. TERPSTRA JESSICA L. CALMAN JOANNA R. KRAUSE DENISE M. THIGPEN MATTHEW P. CAMERON KARL A. KUERSTEINER DARREN D. THOMAS AILEEN CANGIANOHEATH CYNTHIA M. KULIK THOMAS W. THOMAS, JR. SHANNON M. CAPP ASHEESH KUMAR JOHN M. TINJUM TIFFANY D. CARTNER ANDREW C. KUNG SHELBY G. TOPP NICOLE M. CASSLER MICHAEL D. LANKER EDWARD M. TRACY III BRETT M. CHAMBERLIN DOUGLAS E. LATHAM TUAN M. TRAN VINCENT G. CHAMPION LAURA M. LAUER ADELAINE D. TRASK JENNY P. CHEN MICHELLE P. LAWRENCE SCOTT A. TRASK GREGORY T. CHESNUT NHIEN M. LE JAMES D. TU ROBERT D. CHIARUTTINI MICHAEL R. LEADER RYAN D. TUCKER

VerDate Mar 15 2010 04:45 Sep 11, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 9801 E:\CR\FM\A10SE6.022 S10SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 10, 2012 CONGRESSIONAL RECORD — SENATE S6073 OBINNA N. UGOCHUKWU VISHWESH P. MOKASHI To be lieutenant commander EDWARD R. UTZ JENNIFER J. MUELLER ERIN J. VANCE MARKEECE L. MURRIEL VINCENT M. J. AMBROSINO ADAM M. VANDENBOOM EMERSON A. MUTUC STEVEN R. CHMIELEWSKI SAMUEL J. VASELICH THOMAS W. NELSON HUNG V. DANG SARA I. VEIGA ANGELA M. NIPPER KEVIN T. DAVIS ANGELA G. VIERS KAREN A. NORDINE DANNY J. HEADRICK DAVID M. VOLK PEDRO A. ORTIZ JAVIER LOPEZMARTINEZ CHRISTOPHER J. I. WARNER CHRISTOPHER L. OWSTON BENIGNO T. RAZON, JR. ALICIA L. WARNOCK CINDI L. PALACIOS MICHAEL R. STAMERRA AMY L. WATKINS KARA L. PEREZ JOHNNIE W. THOMPSON, JR. ERIN M. WATSON ULDA J. PEREZ MARK VERHOVSHEK LAUREN A. WEBER JASON A. PETERS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JUSTIN L. WEPPNER ALLEN M. PHELPS TO THE GRADE INDICATED IN THE UNITED STATES NAVY SONJA M. S. WHITAKER MICHAEL G. PROUTY UNDER TITLE 10, U.S.C., SECTION 624: DENNIS A. WHITE CHRISTOPHER L. PULLIAM JUDD A. WHITING JESSIE C. PURYEAR To be lieutenant commander SUSAN M. WHITMER EPHRAIM V. J. RAGASA KORY A. ANGLESEY BRADLEY J. WILLIAMS CHARLES E. RAINEY II JASON O. BOATRIGHT KEVIN W. WILSON MATHEW B. RARIDEN CHRISTOPHER S. CASNE MARIE A. WOJCIKWOLANIN CRAIG M. ROWLAND RUBEN D. CHONNA ALFRED J. WOLANIN III JENIFER M. SCANCELLA MARK J. CHRISTENSEN JAIME A. WONGLOPEZ FRED O. SCRUGGS, JR. ADAM W. CHRISTOPHER KAREN S. WOO KENNETH A. SHAW III MICHAEL S. COLLINS ZEPHYRINUS G. WYLIE JONATHAN G. SHEA LUKE A. COWLEY COLIN R. YOUNG MARK P. SIMONS JAYSON M. DOOLEY ELIZABETH L. YOUNG AMIT SOOD JOSEPH A. DUNAWAY JERRY YUAN IAN W. SUTHERLAND MARCIA C. FERNANDES HEATHER G. YURKA HANH M. TANG JASON M. GABBARD STEPHEN M. ZANONI CHRISTOPHER S. THOMPSON OMAR K. HASAN JAMES L. ZIMMERMAN MIKAYLA R. UPHOFF KELLEN K. HEADLEE AMY J. ZWETTLER KIRSTEN E. VESEY ANDREW B. HUNT THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR MARGARET A. WALKER STERLING P. INGRAM IV APPOINTMENT TO THE GRADES INDICATED IN THE SHAWN A. WEBER BOBBY G. KENDALL UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION TRACY D. WEILER MICAH J. KILETICO 531: TIMOTHY T. WELSH ADAM G. KUSHNER JEREMY H. WESTCOTT NICHOLAS R. LEINWEBER To be commander RICHARD A. WHITEHEAD ERIC L. MARTENS NICOLE J. WILLIAMS TIMOTHY M. FRENCH TATE L. METLEN ROBERT J. WISHMEYER GARETH A. MONTGOMERY To be lieutenant commander STANLEY C. WONG DAWN C. MOORE CHADWICK Y. YASUDA NICHOLAS E. MUELLER KENNETH V. HOANG THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRENT D. RICHARDSON BRYAN E. WOOLDRIDGE TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT C. RUTHERFORD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: JAMES T. STEWART TO THE GRADE INDICATED IN THE UNITED STATES NAVY FRANCIS J. TAY, JR. UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant commander ARTEMIO TREVINO To be lieutenant commander BENNY P. VOLKMANN AMY H. ADAIR BENJAMIN C. WAITE CEDRIC J. ABRON JASON S. ALLEN ROBERT J. WARREN KYLE E. ADKINS CHRISTOPHER N. BEALE JEREMY L. WEIKEL TODD A. ADKINS JASON B. BLUNDELL ADAM G. ZAJAC WILLIAM P. BOGGESS GARTH W. ALDRICH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES D. ALLEN MARTIN J. BRAUD JASON N. BURKES TO THE GRADE INDICATED IN THE UNITED STATES NAVY LYNDA S. AMELL UNDER TITLE 10, U.S.C., SECTION 624: JACQUELINE R. ANDERSON LORA L. CHOW BENEDICT A. BAIDOO RYAN P. COLOSI To be lieutenant commander CHARLES E. BAKER BENJAMIN J. CROWLEY EVAN D. ADAMS LUIS T. O. BARRAMEDA ANDREA L. DECERCE DAVID W. ALEXANDER WENDY K. BARTOSIK CORINNE C. DEVIN JEFFREY M. AUGUSTIN DAVID R. BIRD DANIKA J. DOWNEY JOHN D. AULT JOSHUA E. BLACKBURN DAVID J. DYER JEFFREY BENSON DEREK BOYD BENJAMIN D. FITZHARRIS KIMBERLY CAIN HEATHER M. BOYD JARED A. GELLER VICTORIA A. CHAPPELL HENRY L. BRADBURY III EDUARDO GOMEZ AMMIE L. DAVIS DANYELL L. BRENNER PAUL D. GUNDY WILLIAM D. DORWART EDWARD BRINSTON FRED J. HARPER III JOHN J. EASTMAN JOSEPH A. BUCKNER ANDREW L. HIGGINS DEMETRIC FELTON, SR. JONATHAN F. BULLMAN ANDREW W. HIMM GLENN A. FLEMING TIFFANY K. CALISTE DAVID D. HWANG GARY W. FOSHEE LISSETH C. CALVIO TIMOTHY P. INOUE DAVID J. JELTEMA CHANDRA P. CARNEY DAMON T. JENSEN ROBERT D. JOHNSON NEIL D. CASCARDO ARTHUR C. KALFUS ROBERT J. KEENER ALAN D. CHRONISTER MICHAEL L. KING RICHARD S. LEE DENIS G. COLOMB, JR. ROBINSON T. KISER RUSSELL D. MARTIN ASHLEE S. COLVIN BENJAMIN J. LAGO BENNY L. MATHIS, JR. ELIZABETH A. CORALES JOHN F. LANDIS SUNNY MITCHELL VINCE E. D. DEGUZMAN JOHN J. LEE CARL B. MUEHLER JEFFREY A. DELZER KALEN Y. P. LEE THOMAS H. PERDUE MICHAEL A. DISIMONE JOHN P. MALAN ROBERT W. PETERS MICHAEL E. DOMERY BRADLEY D. MARTINSEN RANDAL K. POTTER KORRINA R. DONALD JENNIFER L. MCGUIRE KAREN J. RECTOR JASON M. DUFF GEOFFREY L. MCMURRAY PHILLIP E. RIDLEY CHRISTON J. DUHON MATTHEW M. MILLER AARON D. ROBERTON TRENT K. FREEMAN VANESSA D. MOTOS JON E. SETTLEMOIR JOHN J. GARDNER III HOAN B. NGHIEM MICHAEL J. TAGALOA GREGORY O. GIBSON RICARDO M. ORTIZ JOHN C. VANDYKE DAVID D. GROW WILFREDO PALAUHERNANDEZ STEPHEN L. WARNE OCTAVIUS P. HARRIS ANDREW C. PARK CHRISTOPHER J. WEST PAUL I. HARRIS JEREMY A. PATELZICK JOSEPH E. WILBURN DUSTIN J. HARRISON BRIAN D. PORTER HAROLD B. WOODRUFF SHERRY L. HAYES MATTHEW D. QUILLEN CHARLES S. HITCHCOCK ELISA M. ROTH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SYED M. HUSAIN FREDERICK J. RUMFORD IV TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTINA M. HYATT THOMAS J. SANCHEZ UNDER TITLE 10, U.S.C., SECTION 624: VICTOR E. INNISS II JOSHUA L. SECREST To be lieutenant commander KATHERINE L. JAUDON POOJA V. SHAH BRIAN R. JOHNSON DEREK D. SODEN WALTER B. BLACKWELL CONNIE R. JOHNSON SARA A. STIRES SUQUON D. COMBS JENNIFER L. JOHNSON KAINE K. S. STOKES ROBERT R. CULLINAN SCOTTY R. JONES KELLY N. STONE DIANA I. DALPHONSE BYRON L. JORDAN THOMAS P. SURANYI DUNCAN R. ELLIS JAMES M. KEENER KELLI J. SWENSON IVORY ERVIN, JR. YULIYA KORCHNOY CLARENCE S. TANG KENNETH E. FINDLEY BRENDEN T. LE ANDREW J. TELLINGTON CONAN J. GREASER HOLLY M. LEE KENNY T. TRAN DANIEL B. GRIFFIN BRADLEY R. LESTER BILLY D. TURLEY CHRISTOPHER R. KADING MARK R. LONG ADAM J. VEIT BRENNAN J. KEMPER CATHY L. A. LOPEZ JAMES K. VICK MICHAEL A. KIDD RAMAUD D. LOVE STEPHEN M. WADE GENE M. LATTUS, JR. JOANN MARTINEZ BRETT J. WALCOTT MICHAEL J. MULLERHEIM JULIA L. MASSEY MARY N. WILLIAMSTREESH CHRISTOPHER F. OCONNOR FREDERICK A. MATHEU DONAVON A. YAPSHING THURMAN B. PHILLIPS BRADLEY G. MCLAUGHLIN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JARRED L. POSADA CHRISTIAN J. MILLER TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT D. SALIRE MICHAEL A. MITCHELL UNDER TITLE 10, U.S.C., SECTION 624: JOHN TAMEZ

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BLAKE A. WHITTLE ELISABETH B. HOLMES JULIE A. SPRING JARETT B. WOLFE AMY L. HOLZER CHRISTINE M. STASZEK JAMES P. ZAKAR CAROLYN A. HOWARD ANDREAS STILLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN A. HOYOS VIRGINIA C. SULLIVAN TO THE GRADE INDICATED IN THE UNITED STATES NAVY MOLLY P. HURDA DUSTIN A. TAYLOR UNDER TITLE 10, U.S.C., SECTION 624: ANN E. IANNITTO AILISA N. TERRY AMANDA E. JARMUSCH RANDY L. TOLBERT To be lieutenant commander DAVY J. JENKINS KELLY A. TROUT JAMES A. KAUP JERMAINE M. WHITE ELIZABETH A. ABAN MARIA KENNEDY JANE J. ABANES TIMOTHY G. WHITING ROBERT J. KIMBERLING GREGORY J. ADDISON THOMASENA P. WICKER HEATHER L. KIRK DAWN R. AGUERO DANA K. WILEY YVETTE S. KONEMANN JOEL M. ALBRIGHT NEIL T. WILLIAMS TRACY R. KRAUSS REBECCA A. ARMIGER SONIA R. WILLIAMS DUANE J. LAMPERT CARMELO AYALA MICHAEL L. WILSON SCOTT J. LAPANNE EDUARDO F. BARNET KEVIN WONG LYLA E. LAW REBECCA L. BARTHEL AMY P. ZAYCEK REGINA R. LEASSEAR JAMES R. BIRKLA ELIZABETH M. ZULOAGA DERRICK LEBEAU BRYAN G. BLAZINA JONATHAN D. LEVENSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLLEEN C. BLOSSER MARLOW LEVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY AMY L. BOUVIER MEEDEESSA O. LIVINGSTON UNDER TITLE 10, U.S.C., SECTION 624: JASON M. BOYCE JULIE A. LOFTUS To be lieutenant commander CONNIE J. BRAYBROOK JENNIFER J. MAGUIRE KATHLEEN M. BRENNAN JENNIFER L. MANZOOR THOMAS M. BROWN HASSAN A. BROWN THOMAS O. MATELLA, JR. LOUIS E. BUTLER JOANNA T. BROWN KATHLEEN S. MAY JAEWON CHOI SHARON L. BROWN MICHAEL J. MCCARTY GUY W. EDEN JAMES T. BUCHANAN SCOTT A. MCGILL ERIKA C. GEHLEN BRIAN K. BURDICK MATTHEW P. MCMAHON STEVEN P. GONZALES PATRICIA D. BUTLER JACOB M. MEARSE BRIAN A. HAHN RHONDA H. CANTU JOSE A. MERCADO DAVID J. HAMMOND SOTERAS C. CAYANAN REGINALD MIDDLEBROOKS HOLLY E. HIGGINS MARCELO A. CENTAURE TIJUANA T. MILTON MICHAEL J. HUSSEY DORIS CHEN DONALD E. MITCHELL CHRISTOPHER P. JETER MOLLY A. COOK CHAD B. MOORE PATRICK K. KORODY MICHAEL J. CORNELL THERESA D. MORRIS COURTNEY E. LEWIS ULANDERS A. CRAIG MARY C. MURPHY RYAN C. MATTINA JAMES D. CROFT SARA L. NACZAS ROBERT A. MCELHOSE ROBERT F. CUENTO LOREN A. NEDELMAN JONATHAN C. MCKAY CANDACE R. DAURORA AARON D. NIKOLAUS CRAIG C. MORRIS KARIE A. DAVIS PETER I. NYILAS TOREN G. MUSHOVIC JOHN T. DEBOER VIRGILIO OCAMPO CAMERON R. NELSON RONALD J. DELEON SHELLEY M. OEHRLEIN SARA A. ONEIL ELIZABETH M. DRAKE ROBERT ORGILL JEFFREY J. PIETRZYK ERIC J. ELLINGTON PAUL D. PELROY AARON M. RIGGIO TATIANNA T. ELLSWORTH KENDRA L. PENNINGTON IAN SANTICOLA MICHELLE R. EVANS JEFFREY A. PETERSON RYAN SANTICOLA EBONY J. FERGUSON TRAVIS J. PETERSON ABIGAIL L. STILES SUZANNE N. FIERROS WENDYALINE PHILIPCYPRIEN CRAIG S. THEDWALL DANIELLE K. FISCHER ROBIN L. PROVENCHER SEAN M. THOMPSON KAREN A. FLANAGAN MARKO RADAKOVIC TEMPERANCE H. TYSK TAWANDA M. FORD MATTHEW V. REZA LENA E. WHITEHEAD ABDON F. GALERA JENNIFER RICKERSON GRAHAM C. WINEGEART DANILO A. GARCIADUENAS GINA D. ROMANO RAY L. WOLCOTT SARAH E. GENTRY ROBERT R. ROOD RALPH G. S. YOUNG JASON A. GOFF SHANNAN C. ROTRUCK PETER M. GOLDBECK STELLA Y. SABOURIN KAREN L. GORLEWSKI BRITNEY E. SAITO f LOUIS H. GRASS III NICK A. SALTZMAN ANN M. GRIMSHAW REBECCA A. SCHROEDER DENISE A. GRIPKA KATIE E. SCHULZ CONFIRMATION JASON M. GUZMAN ALAYNA L. SCHWARTZ TIMOTHY W. HALL DAVID S. SHARE Executive nomination confirmed by ERIK M. HARDY JOSEPH P. SHERIDAN DEAN R. HAWKINS MARC A. SILFIES the Senate September 10, 2012: GLENDA A. HEDSTROM FREDDIE L. SIMPKINS II THE JUDICIARY PENELOPE J. HEIGES TERESA C. SIMPSON ANDREA M. HERNANDEZ MARRISA C. SISCHY STEPHANIE MARIE ROSE, OF IOWA, TO BE UNITED MICHAEL J. HEVRIN SEAN K. SKINNER STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT KEDRIN N. HODGES JAMIE M. SORENSON OF IOWA.

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