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

Vol. 157 WASHINGTON, MONDAY, MAY 9, 2011 No. 62 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, May 10, 2011, at 12 noon. Senate MONDAY, MAY 9, 2011

The Senate met at 2 p.m. and was Connecticut, to perform the duties of the ator John Ensign of Nevada. The cer- called to order by the Honorable RICH- Chair. tificate, the Chair is advised, is in the ARD BLUMENTHAL, a Senator from the DANIEL K. INOUYE, form suggested by the Senate. State of Connecticut. President pro tempore. If there be no objection, the reading Mr. BLUMENTHAL thereupon as- of the certificate will be waived and it PRAYER sumed the chair as Acting President will be printed in full in the RECORD. The Chaplain, Dr. Barry C. Black, of- pro tempore. There being no objection, the mate- fered the following prayer: f rial was ordered to be printed in the Let us pray. RECOGNITION OF THE MAJORITY RECORD, as follows: Merciful God, take possession of our LEADER STATE OF NEVADA hearts so that we will do Your will. Use The ACTING PRESIDENT pro tem- Executive Department us for Your glory as beacons of light pore. The majority leader is recog- CERTIFICATE OF APPOINTMENT and inspiration in our Nation and nized. world. We desire for Your name to re- To the President of the Senate of the United ceive the honor it is due. So show us f States: This is to certify that, pursuant to the Your ways and teach us Your path. SCHEDULE power vested in me by the Constitution of Lord, be gracious to the Members of Mr. REID. Mr. President, following the United States and the laws of the State this body, showering them liberally the ceremony that will take place very of Nevada, I, Brian Sandoval, the governor of with Your wisdom. Let Your love fill shortly, and following any leader re- said State, do hereby appoint Dean Heller a and rule their lives, preparing them for marks, the Senate will be in morning Senator from said State to represent said that bliss You will give to those who business until 4:30 p.m. At that time State in the Senate of the United States love You. until the vacancy therein caused by the res- there will be 1 hour of debate on the ignation of John Ensign, is filled by election We pray in Your great name. Amen. nomination of James Cole to be Deputy as provided by law. f Attorney General. At approximately Witness: His excellency our governor Brian 5:30, there will be a cloture vote on the Sandoval, and our seal hereto affixed at Car- PLEDGE OF ALLEGIANCE Cole nomination. son City, Nevada, this third day of May, in The Honorable RICHARD BLUMENTHAL Last week, we were able to enter into the year of our Lord 2011. led the Pledge of Allegiance as follows: a consent agreement on the nomina- By the governor: I pledge allegiance to the Flag of the tion of Edward Chen. We expect to vote BRIAN SANDOVAL, United States of America and to the Repub- on this nomination sometime this Governor. lic for which it stands, one nation under God, week. ROSS MILLER, indivisible, with liberty and justice for all. I note the absence of a quorum. Secretary of State. [State Seal Affixed] f The ACTING PRESIDENT pro tem- APPOINTMENT OF ACTING pore. The clerk will call the roll. f PRESIDENT PRO TEMPORE The legislative clerk proceeded to ADMINISTRATION OF OATH OF The PRESIDING OFFICER. The call the roll. OFFICE clerk will please read a communication Mr. REID. Mr. President, I ask unan- to the Senate from the President pro imous consent that the order for the The VICE PRESIDENT. If the Sen- tempore (Mr. INOUYE). quorum call be rescinded. ator-designate will now present himself The legislative clerk read the fol- The ACTING PRESIDENT pro tem- at the desk, the Chair will administer lowing letter: pore. Without objection, it is so or- the oath of office. U.S. SENATE, dered. The Senator-designate, DEAN HEL- PRESIDENT PRO TEMPORE, f LER, escorted by Mr. REID, advanced to Washington, DC, May 9, 2011. CERTIFICATE OF APPOINTMENT the desk of the Vice President; the To the Senate: The VICE PRESIDENT. The Chair oath prescribed by law was adminis- Under the provisions of rule I, paragraph 3, tered to him by the Vice President; and of the Standing Rules of the Senate, I hereby lays before the Senate the certificate appoint the Honorable RICHARD of appointment to fill the vacancy cre- he subscribed to the oath in the Offi- BLUMENTHAL, a Senator from the State of ated by the resignation of former Sen- cial Oath Book.

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

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VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2756 CONGRESSIONAL RECORD — SENATE May 9, 2011 The VICE PRESIDENT. Congratula- that affect the safety of our great Na- natural gas more expensive for U.S. tions. tion. For instance, Jim Cole is one of consumers and likely increase foreign Mr. HELLER. Thank you very much. the only people at the Department of dependence.’’ It sounds like a brilliant (Applause, Senators rising.) Justice who can sign the critical war- strategy to me. Mr. UDALL of New Mexico. I suggest rants that permit our intelligence offi- Beyond raising taxes, Democrats in- the absence of a quorum. cials to conduct surveillance on sus- sist there is nothing they can do about The ACTING PRESIDENT pro tem- pected terrorists. gas prices, but I think most Americans pore. The clerk will call the roll. In the last week, our country has feel differently. I think most Ameri- The legislative clerk proceeded to been reminded of the incredibly impor- cans believe it is time to stop talking call the roll. tant role our intelligence community about what we cannot do and start Mr. REID. Mr. President, I ask unan- plays. It is unthinkable that partisan- talking about what we can do. If the imous consent that the order for the ship and legislative ploys are keeping a President and Democrats in Congress quorum call be rescinded. public servant as well qualified as Jim are truly serious about lowering gas The ACTING PRESIDENT pro tem- Cole out of this important national se- prices and making us less dependent on pore. Without objection, it is so or- curity role. I hope the Senate will con- foreign sources of oil, here are a few dered. firm him quickly this evening. suggestions. f f First, if ever there was a moment to develop our resources here at home, it MEASURE PLACED ON THE RECOGNITION OF THE MINORITY is now. For decades, Democrats have CALENDAR—H.R. 3 LEADER resisted efforts to tap our American re- Mr. REID. Mr. President, I am told The ACTING PRESIDENT pro tem- sources. Then when gas prices go up, that H.R. 3 is at the desk and due for a pore. The Republican leader is recog- they tell us how many years it would second reading. nized. take to get the product to market. It is time to take this excuse off the table The ACTING PRESIDENT pro tem- f pore. The clerk will read the bill by by breaking the cycle. title for the second time. WELCOMING SENATOR HELLER Second, Democrats need to allow en- The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, ergy companies to cut through the bu- A bill (H.R. 3) to prohibit taxpayer funded first, we just swore in our new col- reaucratic redtape that prevents com- abortions and to provide for conscience pro- league, DEAN HELLER. The majority panies that are authorized to explore tections, and for other purposes. leader is giving a reception for him this here from getting to work and putting Mr. REID. Mr. President, I would now afternoon. We hope many Members will thousands of Americans back to work. object to any further proceedings at take the opportunity to go by and wel- Third, they need to stop penalizing this time. come him to the Senate. America’s producers with new fees and threats of tax hikes, which only drive The ACTING PRESIDENT pro tem- f pore. Objection having been heard, the energy companies overseas and help bill will be placed on the calendar GAS PRICES our foreign competitors and create jobs under rule XIV. in places such as Venezuela. And they Mr. MCCONNELL. Mr. President, I need to call an end to the anti-energy f am going to devote my leader time this crusade of the EPA. afternoon to an issue which may not be SCHEDULE In short, Democrats need to throw on the Democrats’ legislative agenda away the old playbook—throw that one Mr. REID. Mr. President, every time this week but which is certainly on the away—and face this crisis with a new we have a peaceful transfer of power at minds of most Americans every day. I kind of creativity, independence, and any level of our government, it speaks am referring, of course, to the high common sense that the American peo- to the strength of our democracy. cost of gasoline. All across the coun- ple are demanding. Today is no different. try, people are suffering from the Democrats need to stop deflecting at- Today, Nevada welcomes our newly runup in gas prices we have seen over tention from their own complicity in appointed Senator, DEAN HELLER— the past few months. It is squeezing our Nation’s overdependence on foreign until a few minutes ago, Congressman family budgets, tightening margins at oil. They need to stop paying lipservice HELLER—to this side of the Capitol. Ne- already struggling small businesses, to the need for American exploration vada is still reeling, more than most, and it poses a mortal threat to any while quietly supporting efforts to sup- from the Wall Street recession that economic rebound. press it. They need to end an approach crashed our housing and jobs markets. This is a critical issue. Americans that has not changed, frankly, since I look forward to working with our new are looking for answers. Yet all they the days of Jim Carter. Just like junior Senator to make the tough are getting from the President and the Carter before them, today’s Democrats choices that will help our State and Democratic leaders in Congress are are using the crisis of the moment as our citizens recover. gimmicks and deflection. We have seen an excuse to push their own vision of The Senate will soon confront one of this before. Every time gas prices go the future with a ‘‘windfall profits tax’’ those tough choices. We will continue up, Democrats claim there is nothing on energy companies. And just like our conversation about how to save they can do about it. Then they pro- Carter before them, they have rightly taxpayer money and lower our Nation’s pose something completely counter- been accused of bringing a BB gun to deficit and debt. We have to recognize productive just to quiet their critics. the war. that we cannot do either so long as we This time, it is a tax increase. That is This is a serious crisis. It is time for keep giving away money to oil compa- the Democratic response to high gas serious solutions—solutions that cre- nies that clearly do not need taxpayer prices—a tax hike. ate jobs instead of moving them over- handouts. As gas prices and oil com- Well, the first thing to say about this seas, solutions that decrease our de- pany profits keep rising, each Senator proposal is that it will not do a thing pendence on foreign sources of oil rath- will soon have the opportunity to stand to lower gas prices—not a thing. In er than increase it, solutions that offer with the millionaires or with the mid- fact, raising taxes on American energy relief rather than mere rhetoric. dle class. production will increase the price of Mr. President, I yield the floor. Also, today the Senate will vote on gas. Oh, and it would also make us whether to advance the nomination of even more dependent on foreign f the Attorney General’s top deputy, Jim sources of oil. Now, that is not my Cole. The Deputy Attorney General view. That is the view of the inde- runs the day-to-day operations at the pendent Congressional Research Serv- RESERVATION OF LEADER TIME Department of Justice. He also super- ice, which concluded in March that the The ACTING PRESIDENT pro tem- vises the National Security Division Democrats’ proposed tax increase on pore. Under the previous order, the and makes critical decisions each day energy production would ‘‘make oil and leadership time is reserved.

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2757 MORNING BUSINESS wealthy to bear all of the burdens of talking here about half of all that in- The ACTING PRESIDENT pro tem- government. come reported being taxed at a higher pore. Under the previous order, the But the question remains, are Amer- rate, if, in fact, the President and some ican wealthy taxpayers undertaxed? I Senate will be in a period of morning of his colleagues have their way. That think a useful measure to look at here business for debate only until 4:30 p.m., will reduce the amount of investment is a comparison with other countries, with Senators permitted to speak and growth in the economy and there- for example. The OECD countries— by make it harder for us to pay off this therein for up to 10 minutes each. which stands for Organisation for Eco- large debt. The Senator from Arizona. nomic Co-operation and Development— The advocates of a gigantic tax in- f are generally regarded as the most ad- crease are really very shortsighted, WELCOMING SENATOR HELLER vanced economies in the world, and the therefore, in assuming that if they United States is one of those countries. raise tax rates, they are going to get Mr. KYL. Mr. President, I note that A study that is based on 2008 statis- more revenues. That is what they tried Vice President BIDEN was just here in tics found that the highest earning 10 to do in Japan during the late 1990s. It the Chamber for the swearing-in of our percent of the U.S. population paid the did not work out. Japan went back into newest Senator, DEAN HELLER from Ne- largest share among 24 countries exam- a deep recession, and it is not going to vada. I add my congratulations to now- ined, even after adjusting for their rel- be possible for them to generate exist- Senator HELLER joining this body. atively higher incomes, and it con- ing revenue with their higher tax rates. f cluded: The way you get robust growth is not with higher tax rates but with lower REDUCING THE DEBT ‘‘Taxation is most progressively distrib- uted in the United States,’’ the OECD con- tax rates. A rapidly expanding econ- Mr. KYL. Vice President BIDEN has cluded. omy does create new jobs and income been kind enough to host discussions— The bottom line here is that for a for investment and wealth-creating en- starting last week and going into this country to be competitive, the people terprises, and obviously some of that week and perhaps beyond—with Mem- who provide the capital for job cre- wealth flows back to the government bers of the Senate and the House of ation, for economic growth, have to and can be used to reduce the debt. But the policy tools we decide upon Representatives to try to find a way to have some capital remaining after they in these negotiations will have a lot to reduce the huge debt that hangs over have earned it in order to invest that say about how we are able to reduce the United States, as a prelude, I am capital, return it to their businesses, sure he would put it, to the Congress the debt and whether part of that will hire more people, be more productive, be a result of economic growth in the acting on the President’s request that create more wealth, and thereby pro- Congress increase the debt ceiling. future. Obviously, the point here is not vide for the families of the people who just to have economic growth so the There have been generally two ways own the businesses and, by earning Federal Government can earn more in suggested on how to deal with our debt. more income, increase the amount the income tax revenue but to promote Many Democrats believe the wealthy Federal Government and the State gov- American prosperity and a better fu- in the United States do not pay enough ernment take in as revenues. ture for our families. taxes, and therefore one way to reduce Republicans are very happy to con- So the question is, Will we impose the debt is for taxes to be increased, es- cede it would be helpful if the govern- tax hikes that discourage investment pecially on the wealthy. Most Repub- ment has more revenues in order to and punish job creation or will we licans believe that is a bad idea, that help close this debt gap we have. The make the tax system more efficient since debt is our problem and we got question is how we get more revenues. and conducive to growth? into debt because we have been spend- We believe more revenues are a func- I wish to cite a couple of studies to ing too much, the better way for us to tion of a growing economy. Here too show why it is most important for us deal with the problem is to begin re- some statistics that just came out over to focus on reducing spending rather ducing our spending and to make sure the weekend, I believe it was, dem- than raising tax rates, because spend- over the years we are able to do that. onstrated that we can actually delay ing cuts, not tax hikes, are the best There are a couple of interesting the increase in the debt ceiling by way to close the massive budget gap things that have just come out in the some period of time because revenues and help to produce economic growth news recently that I think bear on this to the Federal Treasury have been a in our country. argument. little higher than previously expected. One study was performed by two Har- A lot of folks wonder about the debt Why? Because the economy grew more vard economists, Alberto Alesina and burden in the United States, and I than expected, and as people made Silvia Ardagna. By studying large- think it is useful to point out the fact more money, they therefore paid more scale fiscal adjustments by wealthy de- that last week the Wall Street Journal in withholding and in Federal income veloped countries from 1990 to 2007, reported that the Joint Committee on taxes. That is the way for the govern- they determined that ‘‘spending cuts Taxation found that ‘‘the percentage of ment to get more revenue—for the are much more effective than tax in- U.S. households paying no federal in- economy to do better, for Americans to creases in stabilizing the debt and come tax . . . reached 51% for [the do better. avoiding economic downturns.’’ More- year] 2009.’’ I think that is the first So if you tax more the people who over, they found ‘‘several episodes in time in the history of America that are the ones likely to do the investing which spending cuts adopted to reduce over half of Americans didn’t pay Fed- into businesses, will you get more in- deficits have been associated with eco- eral income taxes. I do not think that vestment? Will you get more Federal nomic expansions rather than reces- is a good thing. While certainly people revenue? Well, you will get a little bit sions.’’ in the lower income brackets are not more to begin with, but in the long Two economists at Goldman Sachs, able to pay very much in the way of run, you will get less. One of the rea- Ben Broadbent and Kevin Daly, under- taxes, I think even a very small sons it is not a good idea to tax more took a similar study and reviewed amount, an affordable amount, would the very people whom we are referring every major fiscal correction in be appropriate so everybody has what to in this study is because half of all wealthy nations since 1975. They found: they call skin in the game, so every- the small business income reported is Decisive budgetary adjustments that have body understands the relationship be- reported as part of the highest income focused on reducing government expendi- tween the burdens and the benefits of tax bracket for individuals. In other tures have (i) been successful in correcting fiscal imbalances; (ii) typically boosted government. I would not impose a sig- words, small businesses do not pay as growth; and (iii) resulted in significant bond nificant tax on the lower half or cer- corporations, they pay as individuals, and equity market outperformance. Tax- tainly not the lower 10 percent, but I and when a small businessman has to driven fiscal adjustments, by contrast, typi- think it is important for all Americans report his earnings, he reports all of cally fail to correct fiscal imbalances and to know we all have a stake in this, the income from his enterprise. A lot of are damaging for growth. and that more than half of the people that is business expense, but that is So reducing spending was the way cannot just expect the so-called how he has to report it. So you are not only to reduce the debt of the

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2758 CONGRESSIONAL RECORD — SENATE May 9, 2011 country, but it also boosted growth; the future of American prosperity and pro- proach because a return of the Taliban re- whereas, tax-driven adjustments had moting the economic expansion we need. gime to Afghanistan would allow al Qaeda to exactly the opposite effect and failed Will we impose tax hikes that discourage in- re-establish safe havens there, whether draw- to correct fiscal imbalances and were vestment and punish job creation? Or will we ing on the historical friendliness between the make the tax system more efficient and con- two or the inability of the Taliban to pre- damaging for growth. ducive to growth? vent their return to the country. Further- A final study—and I think this is in- As these and other questions are debated, more, the protracted, virulent insurgency teresting because it focuses on what we policymakers should consult the evidence creates opportunities for al Qaeda-linked think are big-spending countries. It is from other industrialized countries, which Pakistani proxies such as the Haqqani net- by the same two economists, overwhelmingly suggests that spending cuts, work to invigorate international terrorist Broadbent and Daly. They pointed spe- not tax hikes, are the best way to close mas- groups and use them in the fight in Afghani- cifically to Ireland, Sweden, and Can- sive budget gaps and help produce economic stan. President Obama has been pursuing the right strategy, and the forces the United ada. They pointed out cases driven by growth. Indeed, after studying large-scale fiscal adjustments by wealthy, developed States and its international partners have cuts in public spending. Sweden, in par- countries between 1970 and 2007, Harvard committed to executing it are—just barely— ticular, which is famous for being a economists Alberto Alesina and Silvia adequate to achieve it. generous welfare state, was able to Ardagna determined that ‘‘spending cuts are The outcome of the war in Afghanistan trim the size of government substan- much more effective than tax increases in hangs in the balance. American forces and tially—all of which suggests to me that stabilizing the debt and avoiding economic their allies made dramatic gains last year, if Stockholm can do it, Washington downturns.’’ Moreover, they found ‘‘several clearing the Taliban out of safe havens throughout southern Afghanistan, their ought to be able to do it today. episodes in which spending cuts adopted to reduce deficits have been associated with heartland. Eastern Afghanistan, where al Reducing the short-term deficit and Qaeda-linked groups have a stronger pres- stabilizing the long-term debt are criti- economic expansions rather than reces- sions.’’ ence, has also seen considerable progress. cally important to American pros- Goldman Sachs economists Ben Broadbent Contrary to some media reporting, neither al perity and living standards, and if you and Kevin Daly recently undertook a similar Qaeda nor Lashkar-e-Taiba has established do it by reducing spending rather than study that reviewed every major fiscal cor- safe havens in the wake of the withdrawal of increasing tax rates, you can also have rection in wealthy nations since 1975. They U.S. forces from isolated river valleys in the additional benefit of increasing found that ‘‘decisive budgetary adjustments Kunar Province. In fact, a series of offensive that have focused on reducing government operations in the valleys and the province prosperity not just for businesses and has inflicted great harm on elements of families but for the U.S. Government, expenditures have (i) been successful in cor- recting fiscal imbalances; (ii) typically those organizations. Kunar’s capital, which would then make more in terms boosted growth; and (iii) resulted in signifi- Asadabad, is a growing and increasingly of income tax revenues. cant bond and equity market thriving town, as we saw on a recent visit. The bottom line here is when we outperformance. Tax-driven fiscal adjust- And Afghan Army troops have remained in work to forge this bipartisan com- ments, by contrast, typically fail to correct some of the outposts from which U.S. forces promise that everybody is looking to fiscal imbalances and are damaging for withdrew, demonstrating their determina- us to reach, we should bear these basics growth.’’ tion to control their own territory. Although al Qaeda has not reestablished principles in mind: Cutting spending, Broadbent and Daly pointed to successful fiscal adjustments in Ireland (1987–89), Swe- sanctuaries in Afghanistan, it has not been not raising taxes, is the answer. for lack of trying. U.S. forces only recently I ask unanimous consent to have two den (1994–98), and Canada (1994–97). In each case, the adjustment was driven primarily by killed a senior Afghan al Qaeda official in documents printed in the RECORD. The cuts in public spending. Sweden in particular Kunar, and there is ample evidence that al first one was published in the National is famous for the generosity of its welfare Qaeda and Lashkar-e-Taiba, among other Review Online, dated May 9, called state. Yet, when faced with a crisis, Swedish Islamist groups, would welcome the oppor- ‘‘The Future of American Prosperity,’’ officials were able to trim the size of govern- tunity to set themselves up in a lawless Af- which I authored. The second is a pub- ment substantially. If Stockholm could do it ghanistan once again. The need to help Af- back in the mid-1990s, Washington can do it ghans establish a state that can prevent the lication which was in weekly- reemergence of terrorist sanctuaries remains standard.com on May 16, by Frederick today. Reducing the short-term deficit and stabi- after bin Laden’s death, and the current Kagan and Kimberly Kagan. lizing the long-term debt are critically im- strategy, adequately resourced, is the only There being no objection, the mate- portant to American prosperity and living way to achieve that goal. Calling for accel- rial was ordered to be printed in the standards. But studies show that if fiscal erating the withdrawal is tantamount to de- RECORD, as follows: consolidation relies heavily on tax increases, claring that Afghanistan has become irrele- [From the National Review Online, May 9, it will stifle economic growth and prove vant with bin Laden’s death and that suc- 2011] counterproductive. ceeding there is no longer important for America’s security. THE FUTURE OF AMERICAN PROSPERITY This is the lesson we must apply as we try Consequently, there is a great deal of (By Senator Jon Kyl) to forge a genuine bipartisan compromise to deal with our debt crisis. fighting ahead. Continued military engage- SPENDING CUTS, NOT TAX INCREASES, ARE THE ments are needed to make precarious im- SOLUTION TO OUR DEBT CRISIS [From WeeklyStandard.com, May 16, 2011] provements enduring and handle other chal- lenges. The enemy will work hard this year Members of both parties agree that Wash- BIN LADEN IS DEAD ... ington’s present fiscal course is dangerously to retake its lost sanctuaries in the south, to BUT AL QAEDA ISN’T—WE SHOULD BUILD ON OUR unsustainable. We’re now borrowing 40 cents conduct spectacular attacks in Kabul and SUCCESS IN ABBOTTABAD BY REDOUBLING OUR for every dollar we spend. This profligacy elsewhere, and to strengthen its remaining EFFORTS TO DEFEAT HIS MOVEMENT continues to weaken the dollar, threatening safe havens in the east. Our forces will try to its status as the global reserve currency and (By Frederick W. Kagan and Kimberly hold and expand security gains in the south fostering anxiety in the bond markets. Last Kagan) and make progress in the east, but condi- month, Standard & Poor’s delivered a sober- Osama bin Laden’s killing was a great mo- tions are not set for any major reductions in ing wake-up call when it revised its outlook ment for America and for decent people those forces. on the U.S. long-term credit rating from around the world. But allowing the euphoria If there is cause for cautious optimism in ‘‘stable’’ to ‘‘negative.’’ of that moment to drive us to irresponsible Afghanistan, there are ample grounds for No question, our accounts must be brought decisions in South Asia would be devastating pessimism on the other fronts in the struggle into balance—but not at the expense of eco- to America’s interests and security. Al with militant Islamism. Bin Laden’s pres- nomic growth. Those who advocate gigantic Qaeda has not yet been dismantled or de- ence in Pakistan has once again con- tax increases are short-sighted. Amid a slug- feated. centrated the minds of Americans on the gish recovery, abrupt tax hikes could drive Osama bin Laden’s death has no implica- fact that Pakistan’s leadership has yet to the economy back into recession. (That’s tions for the number of American or inter- come to consensus about the need to combat what happened in Japan during the late national forces in Afghanistan, for their mis- and defeat militant Islamist groups within 1990s.) Moreover, it will be impossible to gen- sion, or for the timeline for their reduction. Pakistan’s borders. Nor has the United erate sufficient revenue without robust George W. Bush sent forces into Afghanistan States developed any real strategy for ad- growth. A rapidly expanding economy cre- not to kill bin Laden, but to oust al Qaeda dressing this challenge. We can hardly ex- ates new jobs and income for investment in from its safe haven there, defeat that organi- pand the campaign of targeted strikes fur- wealth-creating enterprises. Some of that zation, and create political conditions that ther, particularly after the recent raid deep wealth flows back to the government and would preclude its return to Afghanistan. into Pakistani territory. And the drone cam- can be used to reduce the debt. Barack Obama reaffirmed that mission in his paign will not defeat the virulent terrorist The policy tools we use to restore fiscal December 2009 speech setting out the current groups it is attacking. Overreacting to sus- stability will go a long way toward shaping strategy. He chose a counter-insurgency ap- picions of Pakistani complicity in bin

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2759 Laden’s presence in Abbottabad by sus- parts of the capital. Shabab is unlikely to one of the best statements I have seen pending all aid or military ties or by taking suffer at all from bin Laden’s death, but it recently, by Frederick and Kimberly other drastic actions would make it much may see a chance—or feel the need—to ex- Kagan, where they write about the re- harder, not easier, to operate against the pand the reach of its strikes in sympathetic sult of the death of bin Laden, not of- terrorists who threaten us. retaliation. On the contrary, withdrawing forces from Al Qaeda in Iraq, fortunately, remains rel- fering an excuse to end the war in Af- Afghanistan and cutting all aid to Pakistan atively ineffective, despite efforts to revive ghanistan or our other efforts against would merely reinforce two of the most prev- itself as American forces withdraw. But the terrorists but, rather, that success will alent conspiracy theories in South Asia— continued presence even of American mili- come to us when we understand the na- that the United States will always abandon tary trainers in Iraq after the end of this ture of the threat and maintain our ef- those who rely on it, and that we were only year remains in doubt, and it is not clear forts to root it out wherever it may be, that the Iraqi military on its own will be there to get bin Laden anyway. We should, whether that be in Afghanistan, Iraq, instead, build on the symbolic victory of able to maintain the necessary degree of killing bin Laden by following through with pressure on that al Qaeda franchise. If the Pakistan, Yemen, Somalia, or wher- the president’s strategy to dismantle and de- complete withdrawal of American forces now ever. I think it is an excellent piece. I feat the militant Islamist groups supported underway leads to the explosion of ethnic commend it to my colleagues as sug- as proxies by some in the Pakistani security conflict between Iraqi Arabs and Kurds, as gesting the way forward as we continue apparatus. Only by defeating those proxies some analysts fear, Al Qaeda in Iraq could to fight the radical Islamists who can we reasonably hope to compel Pakistan find fertile ground to reestablish itself, would continue to visit ill on the to reevaluate its security interests and de- undoing the progress we have made since 2006. United States and other western pow- velop a policy to oppose and suppress all mil- ers. itant Islamists operating within its borders. A protracted stalemate in Libya could also But al Qaeda has not confined itself to its set conditions for al Qaeda groups to pose The ACTING PRESIDENT pro tem- sanctuaries in Pakistan and Afghanistan. Al again as the only reliable allies of eastern pore. The Senator from Florida is rec- Qaeda thrives in political weakness and has fighters feeling abandoned by the United ognized. States and the West. Although the current been in the process of expanding around the f globe. The core al Qaeda group of which bin Libyan resistance leadership is not pene- Laden was the head (often referred to as Al trated by al Qaeda or supportive of that or- FLORIDA VOTING Qaeda Central) has long had at best only a ganization or its ideology, eastern Libya is Mr. NELSON of Florida. Mr. Presi- the area that has produced the most al tenuous control over the operations of its dent, I want to call to the attention of dispersed franchises. That control rested Qaeda fighters in that country and that has the conditions most conducive to the injec- the Senate the fact that a number of partly on resources Al Qaeda Central di- State legislatures, including our State rected, partly on the value of its recognition tion of al Qaeda’s ideas and leaders. More remote scenarios could see the rise of of a particular group as worthy of the al legislature in Florida, have been enact- al Qaeda franchises or fellow travelers in Qaeda brand, but largely on the symbolic im- ing election law bills that severely con- Egypt, elsewhere in North Africa, the Le- strict the right of the people to express portance of the charismatic bin Laden. Bin vant, or Equatorial Africa, but there is no Laden’s likely successor, Egyptian doctor need to belabor the point. The struggle with their vote. Ayman al-Zawahiri, is far less charismatic. al Qaeda, to say nothing of the larger strug- This has just occurred in the State of His accession to the leadership role could gle against militant Islamism generally, is Florida, with the legislature adjourn- prompt a competition between Al Qaeda Cen- far from over. Clear and present dangers are, ing in the early morning hours of Sat- tral and its franchises over which group real- in fact, emerging. It can be tempting to urday, enacting a bill that has been ly is at the center of the movement. Such argue that these threats merely show the sent to the Governor that would make competitions, unfortunately, unfold in the wisdom of withdrawing from Afghanistan, form of spectacular attacks, particularly it harder for the people of Florida to which is not now a center of al Qaeda activ- vote, harder for them to have their those conducted on the territory of Western ity, to focus on more pressing problems else- states. where. We must resist that temptation. Our vote counted, and harder for the people Al Qaeda in the Arabian Peninsula struggle against Al Qaeda in the Arabian Pe- to be able to register to vote. (AQAP), in Yemen, is the most active and ninsula will not be helped by our giving its Common sense would tell you what perhaps the most dangerous al Qaeda fran- affiliates and allies free rein in Afghanistan we ought to be doing is exactly the op- chise in the world. The Arab Spring has and returning Taliban leader Mullah Omar, posite—that we ought to be making reached Yemen with a vengeance—massive whom all al Qaeda affiliates recognize as things easier to vote, and especially in protests have led to the defection of ele- ‘‘the leader of the faithful,’’ to a position of a State such as ours, which went ments of the Yemeni military, with the re- power. sult that armed forces are concentrating for Success in Afghanistan and Iraq remains through that awful experience in No- potential civil war in and around the capital vital. American withdrawal from either com- vember of 2000, when there was so and elsewhere in the country. Attempts to mitment will be taken throughout the much chaos, not only in the voting in broker a negotiated departure for Yemen’s Islamist community as a sign of weakness the Presidential election but then in hated president, Ali Abdullah Saleh, have and indecision. But success in those two the- the counting of the votes. Of course, we broken down. It is far from clear that any aters is not enough. This moment in the war all know how that ended up—Bush v. such agreement would keep the peace there with militant Islamism is the time to take Gore in the U.S. Supreme Court, which for very long in any case. Already Saleh has stock of our global strategy and to develop stopped the recount that was pro- brought back to his capital some of the elite, coherent approaches to the dangers already visible on the horizon. No one wants to in- ceeding. U.S.-trained Special Forces units supposedly Because of that experience, to the dedicated to the fight against AQAP. As the vade Yemen, Somalia, Libya, or any other work of Katherine Zimmerman at AEI’s Crit- country. But the strategies we have been re- credit of the State legislature, they ical Threats Project has shown, almost any lying on in Libya and Yemen are failing, and started to make voting easier. For ex- likely scenario going forward will give AQAP we have never had a strategy for Somalia. ample, instead of just voting on elec- more freedom to train, plan, stage, and con- The United States must seek every possible tion day, they had a 2-week period for duct attacks from increasingly lawless tribal way of averting the dangers of stalemate, early voting—something that other areas in which it has considerable local sup- state collapse, and the triumph of al Qaeda States have been doing for some period port. The combination of Yemen’s slide to- groups, preferably without deploying more of of time, so that people could go to des- ward state failure and bin Laden’s death our own forces. It may be that, in the end, America simply ignated polling places prior to election could create a tremendous opportunity for day. It certainly made it a lot easier on AQAP. His death may also lead to an in- cannot be secure if terrorist groups with crease in AQAP’s efforts to conduct spectac- international ambitions have uncontested the supervisors of elections, the very ular attacks against the United States and control over sanctuaries and resources. But people who are charged with the re- the West. the U.S. government has never yet focused sponsibility of registering voters and Another al Qaeda affiliate already has con- its attention fully on these challenges, let counting votes, because it spread the trol over large portions of a state: Al Shabab alone focused resources on them. It is past amount of people coming in to vote time to do so. Those sincerely concerned is the de facto government of much of south- over time, so that all of them weren’t ern Somalia outside of Mogadishu. It has not with America’s security should be demand- ing that kind of commitment and should re- there just within a 12-hour period on been formally recognized as an al Qaeda election day. This has turned out to be franchise, but its ties with AQAP are long ject utterly the notion that bin Laden’s and deep, and its ideology closely mirrors al death will allow us to declare ‘‘mission ac- so popular in Florida that half of the Qaeda’s. Shabab is kept from controlling all complished’’ and withdraw from the Middle voters in the last two elections voted of southern and central Somalia only by the East, and the world. prior to election day. presence of peacekeepers from Uganda and Mr. KYL. Mr. President, since my Well, can you believe that the State Burundi, who have been barely able to hold time is about expired, I will say this is legislature has seen fit to cut the 14-

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2760 CONGRESSIONAL RECORD — SENATE May 9, 2011 day early vote period back to 8, under done. But they did more. For four dec- ple to vote. If the Governor does sign the guise, well, we are going to make ades, Florida has had a law, in a highly the bill or lets it go into law without the amount of hours the same by giv- mobile society, if you have moved and his signature, then our only other ing the supervisors of elections discre- you go on election day to cast your mechanism at this point, since there tion so that they could increase the vote, and your registration address is are 5 counties in Florida’s 67 counties voting days on early votes from 8 to 12 different than the address that you that are under a watch list under the hours? But that is a ruse, because that show, for example, where you reg- civil rights legislation of the Voting means the election supervisors are istered to vote years ago—maybe even Rights Act of 1965—it is my intention going to have to pay time and a half, a year ago—but in the meantime you to encourage the Department of Jus- and those election supervisors are have moved and your documentation— tice, the Civil Rights Division, to ex- under the same kind of fiscal con- say, your driver’s license—shows your amine this legislation with regard to straints that all of the other levels of new address, for four decades the law of the Voting Rights Act. Preparatory to government are right now and, as a re- Florida has said that a voter can that, I had sent a letter to Thomas sult, what is going to happen is the change their address in the polling Perez, the Assistant Attorney General voting hours are not going to be ex- place to update that record, showing of the Civil Rights Division of the De- tended, and the State legislature has proper identification of who they are partment of Justice, alerting him to just constricted the number of voting and that their signature matches. this fact. days from 14 down to 8—and, by the Not so now. The legislature of Flor- I have quoted in that letter several way, they didn’t let it run right up to ida has just changed the law that if supervisors of election, both Democrats the day before the election; they your address or your name changes— and Republicans, who have said that backed it off several days before the what happens if you got married in the cutting the early voting period from 14 election, which would be the last day of last year and now your name doesn’t days to 8 will shrink poll access by 50 early voting. match your registration name, but you percent and disenfranchise a signifi- Why, when we want to make it easier still want to vote? What has the legis- cant number of voters. That is what to vote? Well, doesn’t the legislature— lature of Florida done? They are going the supervisors of election, the elected and I hope the Governor, who has this to require that you not cast a ballot. officials in each of the counties, were bill coming to him—understand that it You are going to have to cast a provi- telling me. is a tremendous convenience to senior sional ballot, and you are going to have I wish to quote a Republican super- citizens to make it easier for them, in- to have your authenticity certified visor of election, Deborah Clark, in stead of having to stand in a long line after the fact. Pinellas County, which is the county of on election day, that over a 2-week pe- The experience with provisional bal- St. Petersburg and Clearwater, FL. riod they can go and vote in a des- lots in the last Presidential election in This is what she said: ignated place? Florida, in 2008, was that of the over Not allowing address or name change Is there some reason they are trying 35,000 ballots cast, 17,000—half of changes on election day will create an undue to make it harder for senior citizens to them—were not counted. burden on eligible voters. vote? Well, it could be a lot of politics Who are the people who have been op- She continues: erating and have benefited by that law in this, but the fact is they are making It will also result in long lines at the polls it harder to vote, when in fact it ought in Florida for four decades? They have and discourage many voters from voting. to be the opposite. been people who have gotten married It is self-evident, and this is an as- I wish I could report to the Senate and their name has changed. They have sault upon our democracy that should that that was the only thing they have been people in the mobile society in not be tolerated. But it happened and done, but it is not. They made it harder which we live who have moved and it happened in the last week of the leg- to register to vote. As a matter of fact, bought a new house or moved into a islative session. I hope—I hope—there well-respected organizations, such as new apartment. In other words, all of will be such an outcry that this legisla- the League of Women Voters, for years us—we and our neighbors. and years have taken it as their re- Who else especially might have been tive policy gets reversed. sponsibility to go out and try to reg- the reason for the legislature of Flor- I yield the floor. ister people to vote. The League of ida to change this four decades-old The ACTING PRESIDENT pro tem- Women Voters is a nonpartisan organi- law? The last Presidential election, pore. The Senator from Nebraska. zation, which has as its sole goal to try college students in Florida voted in f to promote activities that promote our record numbers because college stu- HONORING OUR ARMED FORCES democracy. Here is what they did. dents in Florida in the town of their They said if you go out and register college went down where they had SPECIALIST JOSEPH CEMPER people to vote, and under current law, their registration. Yet their identifica- Mr. JOHANNS. Mr. President, I rise there is a period of something like 11⁄2 tion showed their address as their par- today to remember a fallen hero, U.S. weeks to 2 weeks that you can turn in ents’ home, not the registration ad- Army SPC Joseph Cemper. Specialist the names you have registered—no, no. dress they had registered in their col- Cemper was based in eastern Afghani- This time, what the legislature has lege town. stan, in the area east of Kabul bor- done is said if you don’t turn those new That is not making it easier to vote. dering Pakistan. This area is one of the registration forms in within 48 hours, That is not encouraging college stu- areas where the fighting in the Afghan you are going to be subject to a fine dents to vote. That is doing exactly the war has been the most intense. and possibly a criminal penalty. And opposite. That is suppressing the vote. Specialist Cemper was serving with the President of the League of Women What I am reporting to the Senate the 101st Special Troops Battalion of Voters of Florida, Diedre McNabb, has has been widely commented on in Flor- the 101st Airborne Division, one of the said, in effect, what that means is that ida in almost every editorial page in Army’s most elite units. He and four they will not put that onus on their the State of Florida, with the bottom- fellow American soldiers were killed in members of a fine and a criminal pen- line conclusion of what I have just a suicide attack that ultimately took alty and, in effect, they will stop reg- said: It is trying to suppress the vote 10 lives. istering people ahead of time. by making it harder to vote, harder to Specialist Cemper had a long desire What the election laws ought to do is register to vote, and harder to have to serve his country, and was rightfully exactly the opposite. We ought to have one’s vote counted as it was intended. proud of his commitment to defend and laws that encourage the registration of I have written the Governor, and I to protect. voters and try to get more people to have asked the Governor to consider He is mourned by his parents, three participate. But that is not what the all these things. It is widely com- sisters, two brothers, a fiancee, and an Florida legislature has done. It has mented in the Florida press that the infant son Liam. I know his family is done exactly the opposite. Governor will sign the bill, thus con- proud of him, and will always remem- I wish I could report to the Senate stricting, restricting—whatever word ber his spirit, enthusiasm, competitive- that was the only thing they have you want to use—the right of the peo- ness, and can-do attitude. They are the

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2761 type of American family that con- Southeast. The worst outbreak pre- on the ground, they tell me how im- stitute the pillars of our Armed Forces, viously reported occurred in April of pressed they are with the volunteers and are the reason our Nation remains 1974, and that was with 148 tornadoes. who are arriving from all over the safe from its enemies. The Birmingham-Tuscaloosa F4 tor- country, bringing food and water and Joseph’s father, SFC Eugene Cemper, nado had a path with a maximum helping people who are already work- has made service to the Army his life’s width of 1.5 miles and a length, from ing. They are bringing chainsaws to work. As an Army recruiter, Sergeant the Tuscaloosa to Birmingham area, of help clear roads and highways and Cemper had the unique experience of 80 miles. It stayed on the ground al- driveways to people’s homes. That has personally recruiting his son into the most continuously—very unusual. It been real encouraging, and it makes Army. went through a number of populated me very proud to represent a group of As a father and a leader, Sergeant areas, and that tornado alone resulted people who have the integrity and the Cemper inspired both Specialist in 65 deaths. Alabama’s current death work ethic and the determination to Cemper and his younger brother, PFC toll is nearing 250, with thousands in- overcome tragedy. It has been encour- Noah Cemper, to wear the uniform of jured. Frankly, after seeing the dam- aging to me. an American soldier with pride. age to the affected areas, I am amazed Having walked through the dev- The Cemper family laid their son to we did not lose more lives. As I talked astated neighborhoods less than 24 rest in Papillion, NE, on April 29, 2011. to mayors and others on the ground, hours after the tornado, I can tell you Specialist Cemper returned to his they said the same thing. people were stunned at the damages, at birthplace with valor and honor having I talked to Mayor Gunnin in the complete loss of homes and belong- been awarded both the Purple Heart Hackleburg today. I believe he was the ings. Many of the people believed themselves lucky to be alive. Their en- and the Bronze Star Medals. one who told me there were about 18 tire roof was gone, most of the walls I know I speak for all Nebraskans, killed, and he was pleased it was that were gone, and yet somehow they came and all Americans, when I say that de- low. They were hammered with an F5, out with minor injuries or less severe spite our sorrow, we are deeply honored the highest, strongest tornado, which injuries. Others, of course, did not sur- to have him. basically destroyed his whole town. All vive, and others received severe inju- I cannot imagine the pain the his businesses, including the distribu- ries. It is always amazing to me in a tion center for a jeans manufacturing Cemper family is suffering today. The tornado situation how a house can be company, have been destroyed. It is loss unexpectedly of a son in combat is just obliterated, and persons can come one of the most extreme trials a parent very difficult for them to pay for any- out of it with not too severe an injury, or loved one could face. I know, at this thing. Their businesses that pay a sales and for that they were expressing great point, my words cannot ease their hurt. tax that goes to the city have been appreciation. I think it is a reflection So I will end this tribute by saying damaged, and he has made the point— of the faith these individuals have in a what Specialist Cemper held close to and it is a good example—that he, in higher being who, I think, gives them his heart, so close that his family has this little town of Hackleburg, had the courage to go on. inscribed it in a scrapbook which will emergency funds, but they have been One of the things that is perfectly one day be seen by his son. It reads: on massive overtime for the week since clear is that housing in some areas will When I stand before God at the end of my the event and other costs are arising be a critical matter. Many houses are life, I hope that I would not have a single bit and it is very difficult for him. totally destroyed—nothing but a con- of talent left, and I could say that I used ev- I want to thank President Obama for crete slab left. Of course, many mobile erything you gave me. the quick response he made to the homes or manufactured homes were I hope he rests knowing that he died tragedy. The people of Alabama appre- completely lost. They are not on a the bravest and most honorable death ciated the fact that he, and later Cabi- slab, so those homes have been rolled an American could. May God bless the net members, actually visited some of over and completely demolished or dis- Cemper family, their father and son the devastated areas. We appreciate appeared basically. So we are going to still serving in the Armed Forces, and the quick action in declaring Alabama need to work in a way that FEMA has all our fighting men and women in and other areas major disaster areas. done before to provide emergency hous- harm’s way. That does help in a lot of different ing. I yield the floor. I suggest the ab- ways. In the larger areas where there is sence of a quorum. I also had the opportunity to be with more housing around—there is vacant The ACTING PRESIDENT pro tem- him in Tuscaloosa when he came there. housing in some of our areas—they pore. The clerk will call the roll. Mrs. Obama, of course, did a beautiful ought to be moved promptly into that The legislative clerk proceeded to job also of talking to the people who vacant housing that currently exists. call the roll. have lost so much and comforting In some areas there is just not housing Mr. SESSIONS. Mr. President, I ask them. Secretary Napolitano came on for individuals to move into. I was told unanimous consent that the order for Sunday to the Pratt City area in Bir- today by two mayors that they have the quorum call be rescinded. mingham, along with several other people still in recreational areas— The ACTING PRESIDENT pro tem- Cabinet members. I think they also got gyms and that kind of thing—using pore. Without objection, it is so or- a real appreciation for the severity of those as a place for shelter. We are dered. the damage and reassured Alabamians definitely not where we need to be. Mr. SESSIONS. Mr. President, I ask that help would be on the way in an ap- Yet some FEMA trailers are being unanimous consent that I be allowed to propriate fashion. moved into areas of the State. That speak for up to 15 minutes. It is certain that it will take, for a may have to be done. I wish we could The ACTING PRESIDENT pro tem- number of our communities, an inte- avoid that step, but in many areas it pore. Without objection, it is so or- grated, coordinated State, local, and cannot be avoided—avoided in the dered. Federal response to get these commu- sense that, to me, the best way to han- f nities back on track. That is why we dle a situation where a person’s home have a Federal Emergency Manage- is gone is to help that person move as SOUTHEASTERN TORNADOES ment Agency. That is why we have quickly as possible into what could be Mr. SESSIONS. Mr. President, I want monies in the budget for these kinds of a permanent residence—either through to discuss today the tragedy that has things, although this one is a particu- rental or purchase. The longer that occurred in Alabama and other States larly damaging event, I have to say. person is in a temporary residence the across the Southeast as a result of the As the ranking member on the Budg- more likely they are also often receiv- tornadoes that hit our region in a 24- et Committee, I am aware we have to ing Federal assistance. As long as they hour period between 8 a.m. in the be careful about how we spend money. are in this temporary limbo cir- morning on April 27 and 8 a.m. in the We certainly don’t have any money— cumstance, their life is less stable, and morning on April 28. The National not a dime—to waste. the Federal Government is spending Weather Service estimates there were I have to tell you, every time I have more money, money that could be uti- a total of 312 tornadoes across the been there or I have talked to people lized better if we can avoid spending it

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2762 CONGRESSIONAL RECORD — SENATE May 9, 2011 for temporary housing so it could be Mr. SESSIONS. Mr. President, I ask So when we get this much of a tilt in used to facilitate permanent housing. unanimous consent that the order for the leadership of the Department, it That would be a more effective policy, the quorum call be rescinded. gives me great concern that the great but it is not easy. In some instances, it The ACTING PRESIDENT pro tem- Department I love and respect is get- cannot be done. pore. Without objection, it is so or- ting off base. So I think it is important Initial reports indicate that Ala- dered. to note that right now one of the top bama’s losses may rival or surpass its Mr. SESSIONS. Mr. President, I ask priorities at the Department of Justice $1 billion loss in Hurricane Katrina. unanimous consent that I be able to must be the recent warnings we re- That is a factor we do not normally ex- speak as in morning business for up to ceived that the terrorist groups ‘‘al- pect from tornadoes. We will wrestle 15 minutes. most certainly’’ will try to avenge the with those costs as we go forward. But The ACTING PRESIDENT pro tem- death of Osama bin Laden, and the con- dollar losses are nothing compared to pore. Without objection, it is so or- tinuing economic crisis that faces our the severe loss of life. We have a dered. country. record-setting loss of life. f So I believe the President should be nominating proven prosecutors—pros- Going through the Rosedale Court COLE NOMINATION area of Tuscaloosa, AL, seeing first re- ecutors of terrorists, frankly—for top sponders and volunteers frantically Mr. SESSIONS. Mr. President, I want positions in the law enforcement agen- trying to help—in particular, they were to speak in opposition to the nomina- cy, the U.S. Department of Justice. I searching for a missing young girl. tion of James Cole to be Deputy Attor- do not think we need any more ter- They kept on and there were a large ney General of the United States, on rorist defense attorneys. When I was number of people there throughout this whom we will be voting a little later the U.S. attorney I hired a lot of assist- area where metal was twisted and roofs this afternoon. ant U.S. attorneys. I looked for proven Despite President Obama’s recess ap- were gone and no walls, hardly, were prosecutors wherever I could find pointment of Mr. Cole, who has had standing. Materials were 3 feet deep on them. I did not go around to look for significant opposition in the com- the floor, of plywood, roofing and the people who spent their spare time vol- mittee, and was not looking at smooth like. They found that young child, but unteering to defend terrorists or writ- sailing—I do believe we should oppose unfortunately it was too late and her ing papers defending criminals. That is his confirmation and his permanent ap- life had been lost. just the way I see it, frankly. I have to pointment based on some concerns I That is the kind of thing that has be honest about it. have with his record, specifically his been happening throughout the State. So we have had this one, we have had criminal justice view on the war on Our people are responding with courage that one, we have had another one, and terror, which I believe is utterly and dignity and hard work. Volunteers another and another. Now we have 13 wrong, and his questionable decisions from all over the country and all over to 16 who have been appointed to the as an outside consultant for AIG, the Alabama are assisting. I was with a Department of Justice who have had big insurance company that had to be seafood group Friday, down from this background. bailed out to the tune of, I think, $170 Defending the unpopular is not dis- Bayou La Batre, AL, the seafood cap- billion. qualifying. We voted, and I voted, for a ital, in many ways, of the Gulf of Mex- He was an independent consultant, number of people in the Department ico, and they had been helped so many supposed to be monitoring that com- who have been involved in these kinds times over the decades because of var- pany for other errors they had made of defense efforts, who filed lawsuits ious hurricanes that came through, previously. So that is a concern to me. against President Bush. They thought they wanted to help so they brought I served 15 years in the Department they were doing something great. I large amounts of shrimp and seafood of Justice—as the U.S. attorney for al- guess they did not turn down the evi- and their cookers. They were going to most 12, and as an assistant U.S. attor- dence if it helped in any way lead to Tuscaloosa or some of the other areas ney. I respect the Department. I love the location of Osama bin Laden. and serving people out there who were the Department of Justice, but I am We do have standards about how we volunteering or were emergency re- getting concerned about it. I am not should gather evidence, and lines sponders who were working to help in happy with some of the decisions and should not be crossed. But that does that neighborhood. That is the kind of philosophies that are emanating from not mean we are not in a war. It does thing that makes us proud and makes the Department. I believe they do not not mean the people who are attacking us all recognize the good that we have reflect the highest standards and quali- us are common criminals who need to in our people. ties that we expect from that great De- be tried in civilian courts. They are at I wished to share these thoughts and partment. war with us. Bin Laden said he is at to note I have filed a resolution that This nominee has a lot of good quali- war with us. He declared war on us. deals with this disaster, expressing the ties. I believe he has a number of You do not treat prisoners of wars, cap- condolences of the United States and strengths that—has management and tured enemy combatants, like you noting many of the factors that are rel- some experience in the Department for treat common criminals. This is funda- evant to this damage and I will be ask- which I would give him credit. But at mental. ing the Senate agree to that. I note it this point in history, I believe his ap- I served in the Army Reserve a num- has been cosponsored by Senator SHEL- proach, particularly to the war on ter- ber of years, some of that time as a BY, my colleague from Alabama, Sen- ror, along with the Attorney General’s JAG officer. I taught courses on pris- ators ALEXANDER and CORKER from approach to the war on terror are not oners of war and how to treat prisoners Tennessee, Senators COCHRAN and good. I have just about had enough of and the standards of the field manual. WICKER from Mississippi, Senators them. I do not claim to be a great expert at CHAMBLISS and ISAKSON from Georgia, I am just going to say this: I am not it, but I did it. I had some experience in and I understand others are signing on voting for another nominee—I am not it. as we proceed. going to vote for this one—who spent Mr. Cole consistently—and some of I thank the administration for help- their time defending terrorists before these nominees to the Department— ing to respond properly. I thank the they went to the Department. It is all takes the view that terrorists are volunteers from all over America who right to defend an unpopular person, criminals and not unlawful combat- have come to our State to assist those but 13 to 16 members of the Depart- ants. Let me just say briefly, if a per- in need. ment of Justice, political appointees son is caught—a murderer, a rapist, or I yield the floor and suggest the ab- by this administration, have had as virtually any kind of criminal—when sence of a quorum. their background defending terrorists, they are taken into custody, as the The ACTING PRESIDENT pro tem- including the Solicitor General nomi- Presiding Officer knows, who was a pore. The clerk will call the roll. nee who is going to be coming up in good prosecutor himself, they have to The assistant legislative clerk pro- committee this week, and also working be—before you can interview them, ceeded to call the roll. for or representing the ACLU. once they are in custody you have to

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2763 give them Miranda warnings. That au- the policy of the Department of Justice This administration has established a thorizes and tells them—basically tells that persons who are arrested as ter- policy that declares there is a presump- them: You did not have to make any rorists are presumed to be tried in ci- tion of civilian trials and has failed to statements at all. It basically says: If vilian court, although Congress has articulate a clear policy for desig- you are an idiot, you will make state- passed a law prohibiting moneys to be nating captured terrorists as enemy ments. You are entitled to a lawyer. If expended for that, on the 9/11 combatants or criminal defendants. So you do not have any money, we will ap- attackers. The Attorney General is in a I remain very unconvinced that the point you a lawyer. You have to go be- huff and said Khalid Sheikh Moham- next captured terror suspect will not fore a magistrate within a matter of med will be tried in Guantanamo under be given the rights of a common crimi- hours. You are entitled to discovery of military procedures as an unlawful nal and told he has the right to remain the government’s case in short order, combatant, but he does not like it. silent to the detriment of crucial intel- and you are entitled to a speedy trial. That is not his view. It looks like ev- ligence gathering. One of the most sig- You are entitled to prowl around in the erybody he wants to hire to be in the nificant findings of the 9/11 Commis- government’s case and find all of the Department of Justice agrees with that sion was that intelligence gathering, evidence the government has. erroneous view. intelligence possession about what the In war, that is not so. A classic case It is not a close question. This is not enemy is doing is the best way to pro- was Ex parte Quirin in World War II a close question. There is no reason a tect our country, not prosecuting them when German saboteurs were dropped terrorist who is apprehended in the after the fact. So telling someone they off on our coast from a submarine. United States ought to be provided have the right to remain silent and They were going to sabotage the lawyers and Miranda warnings. They they have a lawyer who is going to in- United States of America. They were are combatants. They are not common sist that they not make any state- apprehended, taken to military tribu- criminals. Thinking this way has ments, does that help us gather intel- caused dangerous confusion. nals, tried, and most of them were exe- ligence? If it is required by the U.S. As our troops and intelligence com- Constitution, we will do it. We will just cuted in a matter of months. The case munity continue to work night and day plain do it, regardless, but it is not re- went to the Supreme Court, Ex parte to keep our country safe, it is impera- quired by law, history or the Constitu- Quirin, and was affirmed. tive that we view the war on terror as There has never been any doubt that a real war and not a criminal matter tion. Law, history, and the Constitu- unlawful combatants can be tried for and regard those who wish to per- tion allow these enemy combatants to their crimes in military courts. It is petrate terror on this country as be tried in military commissions and done all over the world. It is an estab- enemy combatants, not plain crimi- they don’t have to be given Miranda lished principle. nals. Like many in the administration, warnings, which was a court-created Now, let’s get one thing straight. If Mr. Cole disagrees. rule a number of years ago that never you are a lawful combatant, and you In 2002, not long after the 9/11 at- was understood before and is not prac- are captured on the battlefield—wheth- tacks, he wrote an op-ed and published ticed, to my knowledge, in any other er you are a Japanese soldier or Ger- it criticizing then-Attorney General Nation in the whole world. Of course, man soldier or Italian soldier—and you John Ashcroft’s decision to try the 9/11 all this provides poor guidance for our comply with the laws of war and you terrorists in military commissions. law enforcement, military, and intel- wear your uniform and you do not at- They researched the law. Attorney ligence officers as they go about their tack deliberately men, women, and General Ashcroft knew what he was efforts, and it is a grievous and dan- children, civilians, and try to kill doing. They decided they were going to gerous mistake to continue this policy. them, and you comply with other rules try these individuals by military com- It seems to me that Mr. Cole and At- of war, you cannot be tried. You can missions. He had written an op-ed at- torney General Holder are cut from the just be detained until the war is over, tacking the Attorney General for it. same cloth on this issue. I am uneasy but you do not get lawyers. You do not So now that is the man we have as about these two individuals holding the get trials and discovery and all of that the nominee for the Deputy Attorney top two positions in the Department of sort of thing. But if in conducting your General of the United States. At his Justice. Now the Solicitor General military campaign you violate the in- hearing last Congress, Mr. Cole re- nominee seems to hold similar views ternally respected laws of war, you peated the prevailing and confusing and, if confirmed, he will be one of the cannot only be held as a prisoner of Justice Department position that deci- highest ranking people in the Depart- war, but the nation that is holding you sions regarding whether captured ter- ment. Their policy views appear to con- can try you for violations of the laws rorists should be tried in civilian trol the Department of Defense. In of war. courts or before military commissions other words, if they say this is the rule, So that is how these 9/11 attackers ‘‘should be made on a case-by-case the Department of Defense has to give who did not wear uniforms, who at- basis based on all of the relevant facts the Miranda warnings and so forth if tacked deliberately civilians, are per- and circumstances available at the they are involved in a capture, and it fectly fit to be tried as war criminals time of a suspect’s capture.’’ Is this directly controls the FBI, which is part or unlawful combatants. They have an- going to happen in Yemen, Afghani- of the Department of Justice. nounced their intention to destroy the stan, Pakistan, wherever else they may As the acting second in command at United States, to attack the United be in the United States is not a prac- the Justice Department, Mr. Cole States. They have said they are at war tical policy because we have to tell the would play a lead role in decision- with us. But they have done it in an individuals who are making those cap- making in the terror prosecutions unlawful way, and they can be tried in tures what the rules are. As the Attor- throughout the country. The Justice military commissions. This allows the ney General said, they still adhere to Department’s continued insistence on a military to conduct interrogations ac- the view that the presumption is, the presumption of civilian trials for ter- cording to the laws of war over a period individual will be tried in civilian rorists confirms my concerns that Mr. of months, years even. Sometimes after court. Therefore, the presumption is, Cole has adhered to the failed pre-9/11 months a prisoner will start to talk. within a short time of their being law enforcement approach to terror- You never know why they start talk- taken into custody, they should be ists, an approach the 9/11 Commission ing. given Miranda warnings, offered a law- and the Nation as a whole recognized But to deny ourselves the right to yer, and set for a preliminary court ap- was in error and should be changed. I allow those kinds of things to happen, pearance, which could reveal to all the thought we had clearly made that to say we have to try these individuals, other terrorists that their partner in move. Apparently, we haven’t. such as Khalid Sheikh Mohammed, in war has been captured and allow them Also of concern, from 2003 to 2007, Mr. civilian courts is clearly in error. But to escape. Cole represented a Saudi Prince that is the Attorney General’s posi- It is a wrong view, and why they per- against insurance carriers and Sep- tion. I asked him about it last week sist in this is beyond my under- tember 11 victims who alleged that the when he testified before the Judiciary standing. Congress understands it and Saudi Prince helped finance terrorists. Committee. He said: It still remains the American people do also. Reportedly, Mr. Cole’s client was

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2764 CONGRESSIONAL RECORD — SENATE May 9, 2011 linked through Treasury Department Mr. SESSIONS. I ask unanimous con- ficult investigation involving the documents to the financial support of sent to speak for 1 additional minute. former Speaker of the House of Rep- extremist groups through the Al- The ACTING PRESIDENT pro tem- resentatives who at the time was Haramain Foundation, a Saudi charity pore. Without objection, it is so or- Speaker. The chairman of the com- that had diverted funds to al-Qaida be- dered. mittee was Porter Goss, a Republican fore and after 9/11. While attorneys are Mr. SESSIONS. Mr. President, the from Florida. Porter Goss’s observa- free to, and should be free to, represent Department of Justice is a great de- tions of Jim Cole were that he was a unpopular clients, Mr. Cole is one of a partment, and they have some very brilliant prosecutor, extraordinarily long line of political appointees at the fine people there. I know Mr. Cole has talented. Then Mr. Goss goes on to say Department of Justice who seem to me some good qualities. I supported Mr. that over time, he brought our com- to be questionable choices for key Holder for Attorney General, but I am mittee to a bipartisan cooperation posts at the agency that is charged very uneasy about the direction the which was desperately needed in order with defending national security, given Department is taking on a large num- to successfully complete that matter. their choices to represent the very in- ber of issues, and I believe one of the At the end of the day, the six of us dividuals and groups whose goal it is to reasons this is happening is because came together in a unanimous rec- attack this country or kill Americans. they have surrounded themselves with ommendation. That is the type of per- According to press reports, at least 13 a group of leftist lawyers, activist law- son Jim Cole is. He was professional to 16 current Obama administration po- yers who don’t operate according to and put policy ahead of politics. litical appointees, including the cur- the more traditional views of law and Former Senator John Danforth testi- rent Solicitor General nominee who justice in America. That is my view. fied at Jim Cole’s confirmation hear- represented Jose Padilla, previously Other Senators may disagree. That is ing. John Danforth is a former Repub- provided legal counsel to suspected or my view. I am not able to support Mr. lican Member of the Senate. He called convicted terrorists and enemy com- Cole for that and the reasons I have Jim Cole ‘‘a lawyer’s lawyer.’’ batants being held in detention or to stated. I hope in the future the admin- Jim Cole has support from Demo- leftwing organizations that actively istration will appoint more nominees crats and Republicans. Former high of- sought to reverse Bush administration that have proven records of independ- ficials within the Department of Jus- antiterrorist and detainee policies— ence, effective prosecution, and com- tice have all recommended him, includ- policies, I might add, that were a con- mitment to law. ing former Deputy Attorneys General tributing factor to the elimination of I thank the Chair and yield the floor. appointed by both Republicans and bin Laden and many other terrorists The ACTING PRESIDENT pro tem- Democrats. throughout this past decade. I am curi- pore. The Senator from Maryland. Let me quote one other person I had ous to know if they have appointed Mr. CARDIN. Mr. President, I greatly hoped would be greatly respected on anyone to key positions in the Depart- respect my friend from Alabama, Sen- both sides of the aisle; that is, Fred ment of Justice who has ever pros- ator SESSIONS, although I come to a Fielding, the White House counsel for ecuted a terrorist. I would like to know different conclusion in regard to Jim former President George W. Bush. He that. Maybe they have. Surely, some- Cole. said Mr. Cole ‘‘combines all the quali- body has, but it looks odd to me that I have worked with Jim Cole. I was ties you want in a ‘citizen public serv- so many of those who have been on the part of a legislative committee in the ant’—he understands both sides of the other side have been given top appoint- House of Representatives that had to street and is smart and tenacious, and ments. do some very difficult work on an eth- is a person of unquestioned honor and On another subject, I am very dis- ics issue involving a former Speaker of integrity.’’ appointed with this administration’s the House of Representatives. It was a That is what Fred Fielding, the abdication of its duty to defend con- tough decision to bring together six former White House counsel to Presi- gressionally enacted laws, specifically Members of the House—three Demo- dent Bush said, about Jim Cole. the Defense of Marriage Act. Attorney crats, three Republicans—and do it in a Jim Cole is supported by former RNC General Holder has stated President way that would maintain the non- officials and DNC officials because he Obama had decided he would no longer partisan requirements of an ethics in- is nonpartisan. He is a nonpartisan per- defend this law, after reviewing the At- vestigation. The atmosphere was very son who has put public interest law as torney General’s recommendation and partisanly charged around the work we his top priority. that the law falls under the exception were doing. I know this sounds famil- I was listening to Senator SESSIONS in which ‘‘the Department of Justice iar. People in Maryland and Con- talk about terrorism. We have had a cannot offer a reasonable argument in necticut and around the Nation under- spirited political debate taking place defense of the statute’s constitu- stand we are working in a very par- in this country over the best way to tionality.’’ tisan environment, and they expect the bring terrorists to justice. Mr. Cole, Well, it has been defended and upheld people who are charged at the Depart- however, will always put principle over by a number of courts. How do we waltz ment of Justice to work in a non- politics, and he is committed to evalu- in there and decide we are not going to partisan manner. ating each case and matter that comes defend a congressionally enacted stat- This is not a partisan position, the before him based on the facts and the ute signed into law by President Clin- Deputy Attorney General. This is a law. That is what you want from the ton because they don’t like it? That is person who is working with the Attor- Department of Justice. They are the how it appears to me. The administra- ney General, the Nation’s lawyer. We values and the character we want in tion apparently came to this conclu- want somebody who has the experi- our Nation’s Department of Justice, sion after unilaterally deciding that ence, someone who has the character and Jim Cole will bring that to the De- ‘‘classifications based on sexual ori- and commitment to carry out this very partment of Justice—already brought entation warrant heightened scru- important position. it to the Department of Justice. tiny’’—in the face of precedent from 11 As I said, I have known Jim Cole. He The bottom line about Mr. Cole’s ap- circuit courts of appeal holding that has 13 years’ experience within the De- proach on fighting terrorists is one I such classifications should be reviewed partment of Justice. He is a public in- believe we all believe in. We are a na- under the much lower rational basis terest attorney. That has been the tion at war with al-Qaida, the Taliban, standard. largest part of his professional career, and their associated forces. We need There is a very big difference be- the service of public interests. He has tough, aggressive, and flexible policies tween refusing to defend a law the ad- always followed policy, not politics. He that recognize the paramount impor- ministration regards as unconstitu- has a very distinguished career in law, tance of providing the President with tional and refusing to defend a law that and he is the type of person we like to the ability to use all of the lawful the administration opposes on the pol- see within the Department of Justice. tools—all of the lawful tools—of our icy grounds. As I pointed out, I worked with Jim national power to protect the Amer- The ACTING PRESIDENT pro tem- Cole when I was in the House of Rep- ican people and bring terrorists to jus- pore. The Senator has used 15 minutes. resentatives. We worked on a very dif- tice.

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As what is the most effective way to bring to recess appointments, I have consist- the chief operating officer of the De- a terrorist or criminal to justice. ently warned this administration that partment, Mr. Cole is in a position to He not only has expertise in handling I would not cooperate in moving nomi- ensure the Justice Department mean- terrorists and bringing them to justice, nees for the Department of Justice, ingfully cooperates with my inquiries he has had very important positions in until they cooperated with my request and complies with my document re- the Department of Justice supervising for oversight materials. Last month, I quests. He has failed to do so. the criminal prosecution of white-col- went to the floor to describe what I I also am troubled by the Depart- lar crimes. He understands the full have learned in the course of my inves- ment’s continued resistance to over- breadth of the Department of Justice tigation into whistleblower allegations sight requests from Senator and is a very valuable player in making at the Bureau of Alcohol, Tobacco, CHAMBLISS, the vice chairman of the sure the Department of Justice follows Firearms, and Explosives, ATF. Ac- Select Committee on Intelligence. Sen- in the fine tradition of that agency. cording to whistleblowers, guns found ator CHAMBLISS has requested that the I urge my colleagues to vote to move at the scene of the murder of Border Department of Justice share important forward. At least vote to allow this Patrol Agent Brian Terry had been documents with Congress regarding the nomination to get an up-or-down vote. purchased illegally by a known straw Guantanamo Bay Detainee Review This is a very important position: the buyer a year earlier, with the blessing Task Force. This task force reviewed Deputy Attorney General. We talk of the ATF as part of an operation the case files of many detainees that about we were sent here to Washington known as Fast and Furious. were released or transferred from U.S. to make tough votes. OK. I do not I first asked about this issue on Jan- custody. Unfortunately, we now know think this is a tough vote. I think Jim uary 27. On February 16, I requested that over 25 percent of those detainees Cole is the best person for this criti- specific documents from the Justice later returned to fight against us or cally important job, and I do not think Department. I reiterated that request our allies. he is at all a partisan person. I know on March 3. These documents are part of a legiti- him well. I know him to be a career When the Justice Department failed mate exercise of our constitutional type individual who is interested in to produce any responsive documents, I duty to conduct oversight. The Depart- doing what is right. But this is not a partnered with House Oversight and ment’s repeated stonewalling of Sen- nominee where you should be using a Government Reform Chairman DAR- ator CHAMBLISS’s request should not be filibuster to prevent an up-or-down RELL ISSA, who first requested docu- rewarded with a cloture vote on a con- vote. ments and then issued a subpoena to troversial nominee. This is a very important position for the ATF after his voluntary request The Deputy Attorney General is the our country. For the dignity of the was ignored. On April 13, my staff second in command at the Justice De- Senate and the Department of Justice learned that the Justice Department partment and responsible for over- and the decency of Jim Cole, I urge my was making certain documents avail- seeing the day-to-day operations of the colleagues to allow us to go forward able for Chairman ISSA’s staff to review Department. Managing this vast bu- with an up-or-down vote on his con- at the Department. Not only did the reaucracy is a difficult task that re- firmation, and I urge my colleagues to Department fail to notify me of this quires a serious commitment to pro- support his confirmation to be Deputy document review, when I sent two of tecting our national security, enforc- Attorney General of the United States. my staff members to participate, they ing our criminal laws, and safeguarding Mr. President, I yield the floor and were turned away at the door of the taxpayer dollars. We need a qualified suggest the absence of a quorum. Justice Department. individual to fill this slot, an indi- The PRESIDING OFFICER (Mr. To this day, the Justice Department vidual who possesses the ability to not COONS). The clerk will call the roll. has still not produced a single page of only provide leadership for the Depart- The assistant legislative clerk pro- documents in response to my inquiries ment but also an individual who has ceeded to call the roll. and has provided only previously re- the smarts, capability and willingness Mr. GRASSLEY. Mr. President, I ask leased public documents in response to to manage Department programs and unanimous consent that the order for Chairman ISSA. I received a letter on root out inefficiencies and abuses in the quorum call be rescinded. May 2, 2011, declining to provide my those programs. After reviewing all his The PRESIDING OFFICER. Without staff with access to the documents on responses and his hearing testimony, I objection, it is so ordered. the grounds that ‘‘the Executive concluded that I could not support Mr. Mr. GRASSLEY. Mr. President, I Branch . . . has taken the position that Cole’s nomination to be the Deputy At- know we are in morning business. I ask only a chairman can speak for a com- torney General. unanimous consent to speak on the mittee in conducting oversight work.’’ In particular, I am seriously con- nomination of James Cole to be Deputy According to the DC Circuit Court of cerned about Mr. Cole’s views on na- Attorney General. Appeals, however: tional security and terrorism. Back in The PRESIDING OFFICER. Without It would be an inappropriate intrusion into 2002, Mr. Cole was the author of an objection, it is so ordered. the legislative sphere for the courts to decide opinion piece in the Legal Times. In Mr. GRASSLEY. Mr. President, I rise without congressional direction that, for ex- that piece, he stated: in opposition to the motion to invoke ample, only the chairman of a committee For all the rhetoric about war, the Sept. 11 cloture on the nomination of James shall be regarded as the official voice of the attacks were criminal acts of terrorism Cole to be the Deputy Attorney Gen- Congress for purposes of receiving such infor- against a civilian population, much like the eral at the Department of Justice. I op- mation, as distinguished from its ranking terrorist acts of Timothy McVeigh in blow- pose proceeding to a vote on the nomi- minority member, other committee mem- ing up the Federal building in Oklahoma bers, or other members of the Congress. Each City, or of Omar Abdel-Rahman in the first nee for a number of reasons. of them participates in the law-making proc- effort to blow up the World Trade Center. I have concerns regarding Mr. Cole’s ess; each has a voice and a vote in that proc- The criminals responsible for these horrible qualifications and am troubled by ess; and each is entitled to request such in- acts were successfully tried and convicted President Obama’s recess appointment formation from the executive agencies as under our criminal justice system, without of Mr. Cole to this position. I have been will enable him to carry out the responsibil- the need for special procedures that altered consistent in my opposition to recess ities of a legislator. traditional due process rights. appointments over the years. Whenever That is from Murphy v. Department He added that, ‘‘The acts of Sept. 11 the President bypasses the Senate by of the Army, 1979. were horrible, but so are . . . other making recess appointments, such I said on the floor on April 14 that if things.’’ The other things he referred nominees will not receive my support. the Justice Department did not cooper- to were the drug trade, organized We have a process in place for nomina- ate and provide the information we crime, rape, child abuse and murder. tions and if the President is not willing need, I would consider exercising my Mr. Cole’s opinion piece argued that

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Mr. we have never treated criminal acts in- way of background, the Justice Depart- Cole said that after it was determined fluenced by foreign nationals or gov- ment provided copies of the reports Mr. that AIG’s Financial Products Division ernments as a basis for ‘‘ignoring the Cole issued when he was overseeing would not be dissolved, the compliance core constitutional protections in- AIG, but they were labeled ‘‘committee and monitoring were ‘‘revived and are grained in our criminal justice sys- confidential.’’ Consequently, I cannot being reviewed and implemented where tem.’’ discuss in a specific manner the con- applicable.’’ Under Mr. Cole’s watch, Mr. Cole concludes his opinion piece text of those documents publicly. AIG not only got $182 billion of tax- by arguing that in addition to stopping Nevertheless, when taken into con- payer money, it was able to talk the future terrorist attacks, the Attorney text with the public responses provided independent consultant—Mr. Cole—out General is a criminal prosecutor and by Mr. Cole to my questions, a trou- of monitoring what the company was that he has a special duty to apply con- bling picture develops about Mr. Cole’s doing. stitutional protections engrained in performance in his independent con- Based upon these factors, I am con- our criminal justice system to every- sultant responsibilities. The responses cerned about Mr. Cole’s ability to per- one, including terrorists captured on a and reports do not dispel the serious form the duties required of Deputy At- foreign battlefield. questions raised about Mr. Cole’s inde- torney General. He would be in a posi- Mr. Cole wrote this opinion piece 2 pendence and completeness. Further, tion to potentially influence future days short of the first anniversary of they reveal what appears to be a level compliance monitors appointed under the September 11 attacks. Given the of deference to AIG management one settlements between the Justice De- close proximity in time to the Sep- would not expect to see from someone partment, the Securities and Exchange tember 11 attacks, we must understand tasked as an ‘‘independent’’ monitor. Commission, and other corporations this opinion piece to be Mr. Cole’s true In order to clarify a number of ques- that have violated the law. Inde- beliefs about the application of the ci- tions on this matter, Senator COBURN pendent monitors need to be truly vilian criminal justice system to ter- and I sent a followup letter seeking ad- independent and completely trans- rorism cases, including those who mas- ditional answers from Mr. Cole. Mr. parent. They are selected and ap- terminded the 9/11 attacks. Cole’s reply clarified that DOJ, SEC, From the opinion piece and his re- pointed to ensure that the interests of and the New York State Attorney Gen- the American people are protected. sponses to our inquiries, it appears eral’s office were aware of his practice that if given a choice of prosecuting I cannot support the nomination of of seeking input from AIG and making Mr. Cole to be Deputy Attorney Gen- high ranking terrorists in civilian modifications to the reports. He indi- courts or military commissions, Mr. eral and, therefore, will vote against cated that the changes AIG made were cloture. I urge all of my colleagues to Cole would likely favor civilian courts often factual changes, such as AIG em- based upon his longstanding belief in join me in opposing this cloture vote to ployee names, dates of materials, and send a message to the Justice Depart- the role the Attorney General plays in events. He also indicated that some of protecting the principles of the crimi- ment to stop the stonewalling of legiti- the changes requested by AIG were in- mate oversight inquiries from Members nal justice system. Absent a clear cluded in a section of the report enti- statement from Mr. Cole about what of the Senate. tled ‘‘AIG Response.’’ However, he said I yield the floor. factors would warrant selecting a civil- that ‘‘on a few occasions’’ AIG would f ian or a military forum, it is hard to ‘‘suggest a stylistic change of phrasing look at his entire record of past opin- in the analytical section of the re- CONCLUSION OF MORNING ions, his testimony, and responses to port.’’ He stated that while he included BUSINESS our questions and reach a different the edits made by AIG, he ‘‘did not be- conclusion. The PRESIDING OFFICER. Morning Military tribunals have many advan- lieve that a detailed presentation of business is closed. tages to civilian criminal courts and this factual review was necessary to an f understanding of each party’s posi- are better equipped to deal with dan- EXECUTIVE SESSION gerous terrorists and classified evi- tion.’’ As a result, the report did not dence while preserving due process. I necessarily show which edits AIG made that were incorporated. Instead, he am troubled that Mr. Cole does not ap- NOMINATION OF JAMES MICHAEL said that those changes were available pear to share this belief. Based upon COLE TO BE DEPUTY ATTORNEY in working papers that were ‘‘available his responses and testimony, I have se- GENERAL rious concerns about Mr. Cole’s support to the SEC, the DOJ, the New York At- The PRESIDING OFFICER. Under for civilian trials for terrorists cap- torney General’s Office.’’ Unfortu- the previous order, the Senate will pro- tured on a foreign battlefield given nately, he added, ‘‘the agencies—which ceed to executive session to consider that the Deputy Attorney General were aware of this practice—did not re- the following nomination, which the oversees the national security branch quest such documents.’’ clerk will report. at the Justice Department. While I appreciate Mr. Cole’s re- Second, I have concerns about Mr. sponses to these clarifying questions, The bill clerk read the nomination of Cole’s abilities relative to oversight of they raise concerns about how inde- James Michael Cole, of the District of government programs. First, in his re- pendent his monitoring was, what Columbia, to be Deputy Attorney Gen- sponses about oversight of DOJ grant changes were ultimately requested by eral. programs, Mr. Cole failed to commit to AIG, what changes were included, and The PRESIDING OFFICER. Under a top to bottom review of the pro- how much the SEC and the DOJ really the previous order, there will be 1 hour grams. knew about edits AIG was making to of debate equally divided and con- We have had enough examples of the the ‘‘independent’’ reports. trolled between the two leaders or tremendous inefficiencies, duplica- Finally, I have serious concerns their designees. tions, and waste in these programs. I about Mr. Cole’s decision to suspend Mr. GRASSLEY. Mr. President, I am disappointed that Mr. Cole has the compliance review at AIG’s Finan- yield 10 minutes to the Senator from failed to recognize that there is a need cial Products Division following the North Carolina. for comprehensive review of the De- government bailout. In his testimony, Mr. BURR. Mr. President, I thank partment of Justice’s grant program, Mr. Cole acknowledged that following the Senator. In less than an hour, this not only for the sake of saving tax- the government bailout of AIG, he body will be asked to vote on cloture to payer dollars but also to ensure that scaled back his efforts until the future proceed to the nomination of James grant objectives are being met in the of AIG as a corporation was deter- Michael Cole to be Deputy Attorney most efficient and effective manner mined. After Mr. Cole suspended his General. I rise in opposition to that possible. monitoring, AIG restructured its com- cloture vote on the nomination of Third, I do not have confidence re- pliance office and terminated a number James Cole, and I urge my colleagues garding Mr. Cole’s abilities based on of staff overseeing the company’s com- to strongly oppose it.

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2767 As a member of the Senate Intel- quests from ranking minority members. For telligence Committee with documents ligence Committee, I share the views of example, the Justice Department is cur- we have been requesting for months. the vice chairman, Senator CHAMBLISS, rently refusing to turn over documents re- More than 2 years ago, the Intel- and the ranking member of the Judici- quested by the Ranking Member of the Sen- ligence Committee learned that the re- ate Judiciary Committee regarding serious cidivism rate—the number of prisoners ary Committee, Senator GRASSLEY, as allegations that the Bureau of Alcohol, To- expressed in their letter to Republican bacco, Firearms, and Explosives knowingly we release who go back into the fight— colleagues dated May 6, 2011, opposing allowed straw purchasers to buy firearms at Gitmo was 11 percent. Today it cloture on this nomination. that were then provided to criminal drug stands at over 25 percent. In this effort I ask unanimous consent to have cartels in Mexico. At least two of these to close the detention facility at printed in the RECORD this letter from weapons were later found at the scene where Gitmo, the President ordered a task Republican colleagues. Border Patrol agent Brian Terry was mur- force run by the Attorney General to There being no objection, the mate- dered. review the status of all detainees still rial was ordered to be printed in the MR. COLE’S VIEWS ON TERRORISM housed at Gitmo. Through much of RECORD, as follows: A September 2002 opinion piece by Mr. Cole 2009, the Gitmo detainee review task raises serious questions about his judgment force examined every detainee’s case U.S. SENATE, and his current views on terrorism. In that Washington, DC, May 6, 2011. and made recommendations to the ad- article, he noted that ‘‘[f]or all the rhetoric DEAR COLLEAGUE: The Majority Leader has ministration on whether to transfer, about war, the September 11th attacks were filed cloture on James Cole, the President’s release, or detain each one. criminal acts of terrorism against a civilian nominee to be the Deputy Attorney General. At a time when Congress is aware population’’ and were no more horrible than At this time, we do not support Mr. Cole’s that former Gitmo detainees are re- ‘‘the scourge of the drug trade, the reign of appointment and urge you to oppose cloture organized crime, and countless acts of rape, turning to their old ways, we have an on his nomination. child abuse, and murder.’’ He also argued obligation to the American people—an During the last Congress, Mr. Cole’s nomi- obligation to the American people—to nation was not considered by the full Senate that the protections of our criminal justice system ‘‘must be applied to everyone to be make sure no more detainees are re- for several reasons. First, the Department of leased who could cause us harm. Even Justice has refused to comply with repeated effective.’’ While the United States must use every minority requests since August 2010 for docu- though Gitmo remains open right now, means at our disposal—criminal, intel- ments and information related to the activi- efforts to transfer or release many of ligence, and military—to fight terrorism, not ties of the Guantanamo Bay Detainee Re- these detainees continue today. The every terrorist deserves the valued protec- view Task Force. Second, Mr. Cole’s com- documents the Intelligence Committee tions of our criminal justice system. Al- ments and hearing testimony regarding the is seeking all relate to the task force though Mr. Cole has downplayed his com- September 11th terrorist attacks raise sig- ments, he has not rejected the comparison of process and will help the committee nificant concerns about his suitability to be September 11th to ordinary criminal acts or understand why the task force made the Deputy Attorney General of the United answered whether he favors trying terrorists the recommendations it did, especially States. Third, we have concerns about Mr. in civilian courts. His failure to do so exhib- with respect to those detainees who Cole’s abilities based on his performance as its a lack of understanding about the real an Independent Consultant tasked with over- may have raised red flags for the intel- threat of terrorism. seeing the insurance group, AIG. As a result, ligence community. the Senate returned the nomination to the MR. COLE’S PERFORMANCE IN OVERSEEING AIG We know that the Attorney General President. Unfortunately, on December 29, We have a number of concerns about Mr. provided recommendations on how the 2010, Mr. Cole was recess appointed to a one- Cole’s abilities based on his performance as task force should make its transfer de- year term while the Senate was adjourned an Independent Consultant tasked with over- cisions because of separate information and sworn in shortly thereafter. Notwith- seeing AIG. Some of these concerns cannot provided to the committee. We do not standing Mr. Cole’s recess appointment, our be shared in this letter, because the Judici- have everything, however, including reasons for opposing his nomination remain. ary Committee has labeled the relevant re- the September 2009 memorandum in DEPARTMENT OF JUSTICE STONEWALLING DOCU- ports as ‘‘Committee Confidential.’’ None- theless, these reports and Mr. Cole’s re- which the Attorney General reportedly MENT AND INFORMATION REQUESTS BY RANK- recommends that an entire category of ING MEMBERS sponses reveal what appears to be a level of deference to AIG management that one detainees be presumed to be eligible for For several years, the Senate Select Com- would not expect to see from someone tasked transfer—presumed eligible for trans- mittee on Intelligence has been reviewing as an ‘‘independent’’ monitor. Also, we have the process used by the Administration’s fer. While we have asked for this serious concerns about Mr. Cole’s decision to Guantanamo Bay Detainee Review Task memorandum and any other rec- suspend the compliance review of AIG’s Fi- Force to detain, transfer, or release detain- ommendations repeatedly, the Depart- nancial Products division following the gov- ees from the Guantanamo Bay facility. ment has refused to provide them. If ernment bailout. Given that the recidivism rate among these the Attorney General of the United detainees has now risen above 25 percent, CONCLUSION States recommended that certain de- Congress must have clear insight into this We believe that before Mr. Cole’s nomina- tainees be treated favorably, possibly process to determine whether additional leg- tion receives an up-or-down vote in the Sen- in spite of the intelligence, the Senate islation is needed to protect our national se- ate, the Department of Justice must imme- Intelligence Committee has a clear curity. diately comply with the long-standing re- The Attorney General has been asked re- quests for documents and information re- oversight interest in reviewing the peatedly to provide Congress with: (1) any lated to the Guantanamo Bay Detainee Re- September memorandum and seeing if guidance or recommendations related to the view Task Force. Moreover, we are not yet and to whom it was applied. Task Force process (including a September convinced that Mr. Cole’s recess appoint- In addition to refusing to provide the 2009 Attorney General memorandum con- ment should be ratified by the Senate in September 2009 memorandum, the Jus- cerning a presumption to be applied in favor light of the remaining concerns about his tice Department has also denied the In- of transfer or release for certain detainees); suitability for this very important position. telligence Committee the recommenda- (2) the Task Force’s unredacted rec- Again, we urge you to oppose cloture of tions of the task force. The committee ommendations regarding each detainee; and Mr. Cole’s nomination at this time. cannot determine why the task force (3) a list of the 92 detainees who were ap- Sincerely, made its recommendations without proved for transfer as of August 28, 2009, CHARLES E. GRASSLEY, prior to the issuance of the September 2009 Ranking Member, Sen- seeing the description of how the task memo. In spite of these specific written re- ate Committee on the force came to the positions it did. The quests from Senators in the minority, in- Judiciary. Department claims that both the Sep- cluding a request from all of the minority SAXBY CHAMBLISS, tember 2009 memorandum and the members of the Select Committee on Intel- Vice Chairman, Senate unredacted recommendations are pro- ligence, the Justice Department has not pro- Select Committee on tected from disclosure to Congress be- vided the information, instead asserting a Intelligence. cause of deliberative process. This is an questionable ‘‘deliberative process’’ privilege Mr. BURR. Mr. Cole’s nomination is assertion ordinarily used in a FOIA to justify its lack of compliance. troubling on several fronts. First, the Aside from this dubious assertion of privi- case or in the context of Executive lege, the repeated failure of the Justice De- Department of Justice, where he now privilege, not to inhibit congressional partment to comply with this oversight re- serves as second in command since his oversight of a Federal agency. An in- quest is part of a disturbing pattern of refus- recess appointment this past Decem- teresting inconsistency in this asser- ing to recognize legitimate oversight re- ber, refuses to provide the Senate In- tion is that the administration has

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2768 CONGRESSIONAL RECORD — SENATE May 9, 2011 willingly provided the Intelligence ciary Committee staff to check that them by voice vote the very next day. Committee with the recommendations and they found that the Senate has Those nominations included the nomi- of the past administration. never filibustered a President’s nomi- nation of Paul McNulty to the Eastern I understand that in the last few nation to be Deputy Attorney General. District of Virginia, one of the key dis- days, the Attorney General has reached In fact, during the time I was chairman tricts where terrorism defendants like out to the vice chairman of the Intel- of the committee, we quickly moved on Zacarias Moussaoui, one of the con- ligence Committee in an effort to re- President Bush’s Deputy Attorneys spirators in the 9/11 attacks, are tried. solve these issues before today’s vote. General, even on those who would not We continued to expedite nominations Given the Department’s months of have been my choice. We knew it was a in the weeks and months that followed, delays and obstruction in complying national security position and it is im- confirming an additional 58 officials to with this request, I believe cloture on portant at a time when we face the posts at the Justice Department in this nomination is not appropriate threats we do here and abroad that we those weeks and before the end of 2001. until the documents requested have have that position filled. In fact, I Republican Senators helped a Repub- been provided in full. thought it would be unconscionable, lican President to get his security In addition to the document issue, whether it was President Bush, Presi- team in place to protect the Nation, Mr. Cole has not explained some highly dent Reagan or any other President, to but now are not going to help a Demo- charged comments he made about 9/11. stall a Deputy Attorney General. cratic President to get his security An op-ed he authored back in Sep- Mr. Cole’s nomination to fill this team in place. It is the same Nation tember 2002 called the 9/11 attacks critical national security position was and the security threats are the same ‘‘criminal acts of terrorism against a blocked last year, when it was pending against Republican Presidents and civilian population.’’ He went on to dis- on the Senate’s Executive Calendar for Democratic Presidents. We ought to miss the severity of 9/11, calling it no 155 days after it was reported favorably come together as Americans first on more horrible than ‘‘the scourge of the by the Judiciary Committee. The nom- this important issue. drug trade, the reign of organized ination was reported favorably by the Last week at the Judiciary Commit- crime, and countless acts of rape, child Judiciary Committee again in March, tee’s oversight hearing on the Depart- abuse, and murder.’’ and incredibly, it is again being filibus- ment of Justice, the Attorney General Mr. Cole has not rejected or fully ex- tered. People have asked me how this of the United States reiterated the plained those comments. Until he does could be happening. It is hard to be- need for final Senate action on the so and until the Department ends its lieve that one week after the successful nomination of the Deputy Attorney refusal to comply with reasonable con- operation that killed Osama bin Laden, General. He urged the Senate to con- gressional requests for information, I the world’s number one terrorist, we firm Jim Cole to help the Department cannot support the move to consider cannot take this step to ensure that fulfill all of its critical tasks, including his nomination. I urge my colleagues President Obama has his full national protecting national security, in a time to reject cloture today. security team in place. It is similar to of heightened concern about retalia- I suggest the absence of a quorum. ‘‘Alice in Wonderland.’’ tory attacks stemming from Osama bin The PRESIDING OFFICER. The Now that a measure of justice has Laden’s death. Yet, rather than take clerk will call the roll. been secured for the victims of Sep- action to end the unnecessary and un- The bill clerk proceeded to call the tember 11, I have expressed hope that explained delays and finally confirm roll. we could come together, as we did in the nomination of Jim Cole, the un- Mr. LEAHY. Mr. President, I ask the weeks and months following Sep- precedented Republican filibuster con- unanimous consent that the order for tember 11. We should be ensuring that tinues. This is wrong. It should end. the quorum call be rescinded. we are extra vigilant these days. There I hope that Senators on the other The PRESIDING OFFICER. Without are widespread reports that experts are side of the aisle will listen to former objection, it is so ordered. concerned about this being a time in Deputy Attorneys General of the Mr. LEAHY. Mr. President, I assume which al-Qaida will seek reprisals. United States who served in both Re- we are on the nomination of Jim Cole. Most Americans believe we should be publican and Democratic administra- The PRESIDING OFFICER. The Sen- concerned about them trying to strike tions. Last December, they wrote to ator is correct. back. This is not a time for further the leaders of the Senate and urged the Mr. LEAHY. Mr. President, to make delay or obstruction. Let us join to- Senate to consider Mr. Cole’s nomina- a parliamentary inquiry: Am I correct gether and confirm this qualified nomi- tion without delay. These former offi- that time runs to 5:30? nee. We also ought to show the rest of cials who served with distinction in The PRESIDING OFFICER. The Sen- the world that no matter what our po- that post wrote that the Deputy is ‘‘the ator is correct. litical labels might be, we believe in chief operating officer of the Depart- Mr. LEAHY. Time has been con- the President of the United States hav- ment of Justice, supervising its day-to- sumed by this quorum call, and so I ing his national security team in place. day operations’’ and that ‘‘the Deputy ask unanimous consent that any time This weekend, the Washington Post is also a key member of the president’s consumed in further quorum calls be editorial board called this delay ‘‘ridic- national security team, a function that equally divided on both sides. ulous,’’ referring to the Deputy Attor- has grown in importance and com- The PRESIDING OFFICER. Without ney General as ‘‘essentially the chief plexity in the years since the terror at- objection, it is so ordered. operating officer of the Justice Depart- tacks of September 11.’’ They were Mr. LEAHY. Mr. President, the ma- ment, including its national security right and their advice rings true today. jority leader has been required to file operations.’’ This delay is ridiculous As the former Deputies, 3 of whom cloture in this extraordinary case in an and dangerous to every single Amer- served under President George W. attempt to overcome a Republican fili- ican. I hope other Senators will see it Bush, noted in their letter, ‘‘Because of buster on the nomination of Jim Cole as such and help end it. the responsibilities of the position of to be Deputy Attorney General. This is We have the opportunity to set aside Deputy Attorney General, votes on a key national security position and partisanship and join with our Presi- nomination for this position usually the No. 2 position at the Department of dent to keep America safe. I recall in proceed quickly.’’ I wish the Senate Justice. Certainly, with what has hap- the aftermath of 9/11 we took imme- had heeded their advice and voted to pened in the past week or so, it is im- diate steps—Republicans and Demo- confirm Mr. Cole last year. Now an- portant for this President or any Presi- crats together—to do what we could to other 5 months have passed. dent to have a full national security make sure the President’s entire law When we first reported Jim Cole’s team. enforcement team was in place. nomination last July, I said that I I thought back, and I could not re- We expedited the nominations of 14 hoped the Senate would treat his nomi- member a time in my 37 years here U.S. attorneys that had been received nation to this critical national secu- where the Senate has filibustered a in the Senate only 1 week before, re- rity and law enforcement position with President’s nomination to be Deputy porting them from the Judiciary Com- the same urgency and seriousness with Attorney General. I asked Senate Judi- mittee on September 13 and confirming which we treated all four of the Deputy

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2769 Attorneys General who served under critical national security and law en- uals in this city about whom you will President Bush. All four were con- forcement post was filled. The Presi- never hear even the mildest of criti- firmed by the Senate by voice vote an dent promptly renominated him when cism.’’ He concluded that Mr. Cole ‘‘is average of 21 days after they were re- Congress returned this year. Recess ap- a good man and perfectly suited for the ported by the Judiciary Committee. In pointments have not prevented Repub- challenging position for which the fact, we confirmed President Bush’s lican Senators from voting to confirm President has wisely nominated him.’’ first nomination to be Deputy Attor- nominations by Republican Presidents. Mr. Cole’s critics have been wrong to ney General the day it was reported by Given the history of obstruction of this try to blame him for the actions of the committee. That is not the treat- nomination, it is time for the Senate AIG. His limited role was as an outside ment that Deputy Attorney General to vote. monitor of other corporate functions Cole has received. This is not a nomination that should and there is no evidence showing he did The Senate’s treatment of the Cole have been controversial. It is a nomi- not perform his assignment well. Let nomination represents a sharp break nation supported by former Republican us hold those responsible at AIG ac- from the Senate’s longstanding prac- Senator Jack Danforth, who worked countable. Not a single person at AIG tice of deference to the administration with Jim Cole for more than 15 years. has been. There is no basis for making and timely consideration of critical na- When he introduced Mr. Cole at his Mr. Cole the scapegoat for the action of tional and law enforcement nomina- confirmation hearing, Senator Dan- AIG. Blame the AIG agents and em- tions. In their letter last December, forth described Mr. Cole as someone ployees, blame its officers, blame its the 8 former Deputy Attorneys General without an ideological or political board, or even criticize the lack of noted that, of the 11 nominations to fill agenda. He also wrote to the com- oversight by state and Federal regu- this position over the last 20 years mittee that ‘‘Jim is a ‘lawyer’s law- lators and law enforcement officials if from Democratic and Republican Presi- yer.’ He is exceedingly knowledgeable, you like. But scapegoating this good dents, ‘‘none remained pending for especially on matters relating to legal man is wrong. As The Washington Post longer than 32 days.’’ I remember some and business ethics, public integrity observed in an editorial last year when of President Bush’s nominations to and compliance with government regu- Mr. Cole’s nomination was being this position remained pending even lations. He is highly regarded [] as a blocked on the Senate floor, ‘‘There is less than that. skillful litigator. As his resume dem- no suggestion that Mr. Cole suffers Jim Cole’s nomination has been onstrates, he has a long and deep expe- from the kind of ethical or legal prob- pending on the floor for 222 days com- rience in the Department of Justice.’’ I lems that would disqualify a nominee.’’ bined, nearly seven times longer than agree. There is no justification for the fail- any nominee in the last 20 years. In Jim Cole served as a career pros- ure to act on this critical national se- fact, dating back to 1981, 15 of the 16 ecutor at the Justice Department for a curity nomination, and for failing to Deputy Attorney General nominations dozen years and has a well-deserved make sure that the administration has pending on the Executive Calendar reputation for fairness, integrity and its full national security team in place. were confirmed unanimously, the only toughness. He has demonstrated that During the time when I was chairman exception being President Obama’s he understands the issues of crime and we moved very quickly on President first Deputy Attorney General nomina- national security that are at the center Bush’s nominees for Deputy Attorney tion, of David Ogden, which was con- of the Deputy Attorney General’s job. General because of the importance of firmed 65–28 after cloture was filed and Nothing suggests that he will be any- the security of the United States. It is a time agreement was reached. All of thing other than a steadfast defender important for every President to suc- the nominees of Presidents Reagan, of America’s safety. ceed, no matter their party. George H.W. Bush, Clinton and George We have received numerous letters of I hope that the Senate will reject Bush were confirmed unanimously by support for the nomination of Jim Cole this destructive and unprecedented fili- the Senate, in an average of less than to be Deputy Attorney General, includ- buster so that we can finally consider 2 weeks. ing letters from many former Repub- and confirm Jim Cole after many Last December, after the nomination lican public officials. I ask unanimous months of unnecessary delays. As I had already been delayed for over 4 consent that these three letters be said, I could not remember a time in months without explanation, I came to printed in the RECORD at the conclu- my 37 years here where we had filibus- the floor and asked unanimous consent sion of my remarks. tered a nominee to be Deputy Attorney that at a time to be determined by the The PRESIDING OFFICER. Without General and that proved to be true. majority and minority leaders, the objection, it is so ordered. EXHIBIT 1 Senate consent to a time agreement for (See exhibit 1.) BRYAN CAVE, a debate and a vote on the Cole nomi- Mr. LEAHY. Among these is a letter Washington, DC, June 7, 2010. nation. I asked that Senators have the from Michael Toner, former Chief Hon. PATRICK J. LEAHY, courage to step forward, not hide be- Counsel of the Republican National U.S. Senate, Russell Senate Office Building, hind the filibuster, and to either vote Committee and former General Counsel Washington, DC. yes or no on this critical national secu- to the Bush-Cheney 2000 Campaign, Hon. JEFF SESSIONS, rity position. Republicans objected to who wrote ‘‘[i]n light of his extensive U.S. Senate, Russell Senate Office Building, that request in December and have Washington, DC. experience, legal acumen, profes- DEAR SENATOR LEAHY AND SENATOR SES- still, 5 months later, refused to agree sionalism and integrity, I can think of SIONS: I write in strong support of Jim Cole’s to a time to debate and vote on the no better person than Mr. Cole to serve nomination to serve as Deputy Attorney nomination. It is time finally for the as Deputy Attorney General.’’ General of the United States. Senate to vote. The American people Chuck Rosenberg, former Chief of By way of background, I am a Partner at expect us to vote. The security of this Staff for Deputy Attorney General Bryan Cave LLP in Washington, DC. Prior to country is threatened. James Comey, who served under Presi- joining Bryan Cave, I was Chairman of the Jim Cole’s nomination was pending dent George W. Bush, wrote, ‘‘I know Federal Election Commission (FEC) and was a Commissioner on the FEC from 2002–2007. last year for 5 months while Repub- how important it is for this crucial po- Prior to being appointed to the FEC, I served lican Senators objected time and time sition to be filled by the right person. as Chief Counsel of the Republican National again to calling it up for a vote. I be- Jim is the right person. He is smart, Committee, General Counsel of the Bush- lieve that Mr. Cole would have been experienced, thoughtful and has the Cheney 2000 Campaign, and General Counsel confirmed by the Senate had his nomi- proper skills and temperament to help of the 2000 Bush–Cheney Transition Team. nation been given an up-or-down vote. Attorney General Eric Holder lead the I have known Jim Cole for approximately I believe he should be confirmed. As it Justice Department.’’ 15 years and have had the privilege of being was, after the Senate did not take final In his letter recommending Mr. Cole, a colleague of Mr. Cole’s at Bryan Cave for the last three years. I first met Mr. Cole action on the nomination, President Michael J. Madigan, a Republican when he served as Special Counsel for the Obama exercised his authority after counsel on many high-level Senate in- House Ethics Committee’s inquiry con- the Senate had recessed for the year to vestigations, described Mr. Cole as cerning Speaker Gingrich and I was an attor- appoint him in order to make sure this ‘‘one of those somewhat rare individ- ney representing Speaker Gingrich in the

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2770 CONGRESSIONAL RECORD — SENATE May 9, 2011 matter. Although Mr. Cole and I obviously voice, wholeheartedly, to those supporting ists. This was, of course, the primary had conflicting interests in the Gingrich the nomination of Jim Cole for the critically reason why Mr. Cole’s nomination was matter, I was tremendously impressed with important position of Deputy Attorney Gen- unanimously rejected by Republicans the thoroughness and professionalism by eral of the United States. in the Judiciary Committee. The which Mr. Cole conducted himself in the I have known Jim for years and he is and Gingrich matter, and that has been a hall- has been a truly outstanding lawyer and, American people want a Department of mark of all of my experiences with Mr. Cole most importantly, an even better person. Justice that is committed to enforcing over the last 15 years. For the last two years I have had the honor the law and protecting the innocent, Mr. Cole is superbly qualified to serve as of serving with Jim on the ABA–DOJ Dia- not creating new civil rights for terror- Deputy Attorney General of the United logue Group where he has been an always ists or treating them as ordinary States. Mr. Cole is one of the smartest and thoughtful and important member. criminals when they are something most able criminal lawyers in the country, Jim, as you already know, has had an out- else indeed. and Mr. Cole’s prior service at the Justice standing career both as a federal prosecutor In fact, the recent death of Osama and as a criminal and civil trial lawyer. In- Department will be invaluable experience in bin Laden was a product of a lot of in- working with Attorney General Holder in deed, Jim, I dare say, is one of those some- managing and leading the Justice Depart- what rare individuals in this city about telligence gathering that occurred over ment. In light of his extensive experience, whom you will never hear even the mildest the years. That would never have oc- legal acumen, professionalism and integrity, of criticism. He is a good man and is per- curred under Mr. Cole’s proposed model I can think of no better person that Mr. Cole fectly suited for the challenging position for of Mirandizing these people when they to serve as Deputy Attorney General. which the President has wisely nominated are arrested; telling them they do not Jim Cole has my highest recommendation him. have to provide any information be- to serve as Deputy Attorney General of the I am honored to offer unqualified support cause they are being treated as ordi- United States and it is an honor to have the for Jim’s nomination. nary criminals rather than as terror- opportunity to write on Mr. Cole’s behalf. If Respectfully yours, ists who are eligible for rough interro- confirmed, I believe that Mr. Cole would MICHAEL J. MADIGAN. serve the Department of Justice and the gation, if necessary, in order to find Mr. LEAHY. I see the distinguished out what they know in order to save in- country with great distinction in the years Senator from Texas is here, so I yield ahead. nocent lives. Sincerely, the floor. Rather than listening to the concerns The PRESIDING OFFICER. The Sen- MICHAEL E. TONER. of Republicans on the Judiciary Com- ator from Texas. mittee about Mr. Cole’s narrow view of PHELPS DUNBAR, Mr. CORNYN. Mr. President, the dis- the war on terror and of the views of New Orleans, LA, June 10, 2010. tinguished chairman of the Judiciary the American people and perhaps re- Re Nomination of Jim Cole to be next Dep- Committee has pointed out the Deputy considering this flawed nomination, uty Attorney General of the United Attorney General is a member of the States of America. the President decided to plow ahead national security team of the Presi- and bypass the advise and consent Hon. PATRICK J. LEAHY, dent, and the President has already Chairman, Senate Judicial Committee, process with a recess appointment. As I used the authority under the Constitu- said, he, of course, has the right to do U.S. Senate, Russell Office Building, Wash- tion to make a recess appointment of ington, DC. so. DEAR SENATOR LEAHY: I am writing this this nominee. But the question before There are actually a couple other letter to recommend, without hesitation, the Senate today is whether the Senate reasons why I oppose the nomination, Jim Cole to be confirmed as the next Deputy should confirm the nomination of and I wish to first express my apprecia- Attorney General in the United States De- James Cole to serve as Deputy Attor- tion to Senator CHAMBLISS and Senator partment of Justice. ney General. GRASSLEY. Senator CHAMBLISS, of As a former United States Attorney in There are three reasons why I oppose course, is the ranking member of the Louisiana, I worked with Jim Cole when he this nomination. The first is Mr. Cole prosecuted a corrupt federal judge. I also Senate’s Select Committee on Intel- have worked with Mr. Cole for more than a is one of the earliest and most vocif- ligence, and Senator GRASSLEY is the decade while he worked in the private sector. erous advocates of bringing foreign al- ranking member of the Senate Judici- I know Jim Cole to be bright, hard-work- Qaida terrorists to American cities for ary Committee. They have continued ing, dedicated and beyond reproach. If con- civilian trials—a position since repudi- to demand information from the De- firmed by the United States Senate, I believe ated by the Attorney General himself partment of Justice and have been Jim Cole will be an asset to both the Justice in the case of Khalid Shaikh Moham- stonewalled at every turn. Senator Department and the citizens of the United med, and I am grateful for that. But States. I respectfully ask you to consider my CHAMBLISS and his colleagues on the wholehearted support of Jim Cole as the next Mr. Cole has never recanted his posi- Intelligence Committee have made per- Deputy Attorney General. tion that, in effect, these are criminal fectly reasonable requests consistent I know that you, and the other members of cases to be prosecuted as ordinary with the committee’s oversight respon- the Judiciary Committee as well as the Sen- crimes rather than terrorist acts dur- sibilities related to the Obama admin- ate, strive for bipartisan cooperation. As a ing a time of war. istration’s Guantanamo Detainee Re- Republican Presidential appointee, I believe The problem, of course, with the par- view Task Force. Senator GRASSLEY, it is critical for members of the Justice De- adigm of treating terrorism as a crimi- on the other hand, from his position as partment to have bipartisan support and the nal case is that we don’t punish the confidence of the American people regardless the ranking Republican on the Judici- of party affiliation. I appreciate your consid- terrorists until they have actually ary Committee, on which I serve, has eration of my views as to the soundness of been successful in committing a ter- requested documents concerning seri- the nomination of Jim Cole for Deputy At- rorist attack. In war, half the battle— ous allegations that the Bureau of Al- torney General and would welcome an oppor- maybe more than half the battle—is cohol, Tobacco, Firearms and Explo- tunity to provide you with additional infor- trying to stop the terrorist from actu- sives knowingly allowed straw pur- mation if you so choose. ally accomplishing his or her goal of chasers to buy firearms which were Thanking you again for your courtesies killing innocent people. We do that by and with best regards, I remain, then provided to criminal drug cartels Sincerely, interrogating detainees and finding out in Mexico. It has later been reported HARRY ROSENBERG. what they know about the organization that at least two of these weapons were and plans of terrorist attacks. Mr. found at the scene where a Border Pa- ORRICK, Cole, unfortunately, stands by the out- trol agent named Brian Terry was mur- Washington, DC, June 8, 2010. dated, outmoded characterization of dered. Re James M. Cole, Nominee for Deputy At- these terrorist attacks being ordinary I fully support Senators GRASSLEY torney General. crimes. Of course, they are something and CHAMBLISS and regret that re- Hon. PATRICK J. LEAHY, much worse indeed. peated requests for information that U.S. Senate, Russell Senate Office Building, Quite frankly, as Mr. Holder’s Dep- were well within the purview of the Washington, DC. uty, Mr. Cole will only exacerbate the oversight responsibilities of Congress Hon. JEFF SESSIONS, worst tendencies of the Department of U.S. Senate, Russell Senate Office Building, have been unreasonably rejected. When Washington, DC. Justice when it comes to distin- a minority in the Senate is denied the DEAR SENATORS LEAHY AND SESSIONS: It is guishing between criminal prosecu- usual and customary information nec- my great privilege and honor to add my tions and fighting a war against terror- essary for us to do our job, we are left

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2771 with very few options. One of those op- I think the Intelligence Committee I yield the floor and suggest the ab- tions is to force a resolution by exer- should know about it and why such sence of a quorum. cising our rights as a minority to block guidance was considered appropriate. The PRESIDING OFFICER. The cloture. That is not necessarily a per- The Department has also refused to clerk will call the roll. manent move. It means debate con- provide the Intelligence committee The bill clerk proceeded to call the tinues on the nomination and we can- with the task force’s recommendations roll. not come to a vote. But I submit, if ra- for the disposition of the detainees. Mr. GRASSLEY. Mr. President, I ask tional minds would come together—if The task force documents we have been unanimous consent that the order for Senator GRASSLEY and Senator given have entire portions of their rec- the quorum call be rescinded. CHAMBLISS could get the information ommendations blacked out. This is no The PRESIDING OFFICER. Without they and their committees are entitled way to conduct oversight and it cer- objection, it is so ordered. to and discharge their oversight re- tainly puts the committee at a dis- Mr. GRASSLEY. Mr. President, I ask sponsibilities—we could come much advantage in trying to understand why for the regular order. closer to resolving the differences on transfer decisions were made. Interest- CLOTURE MOTION this particular nominee. ingly, the Department has provided the The PRESIDING OFFICER. Under Mr. CHAMBLISS. Mr. President, I recommendations made by review the previous order and pursuant to rule rise in opposition to cloture on the boards during the previous administra- XXII, the Chair lays before the Senate nomination of James Cole to be the tion. the pending cloture motion, which the Deputy Attorney General of the United As with the September 2009 memo- clerk will state. States. randum, the Department argues The assistant legislative clerk read Last December, I objected to further against giving this information to Con- as follows: consideration of Mr. Cole’s nomination gress because of ‘‘deliberative process.’’ CLOTURE MOTION because of the refusal of the Depart- That assertion may work in a FOIA ment of Justice, DOJ, to comply with case or in the context of executive We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the reasonable document requests from the privilege, but there is no legal basis for Standing Rules of the Senate, hereby move Senate Select Committee on Intel- using it to deny congressional over- to bring to a close debate on the nomination ligence. Unfortunately, the President sight, especially where the documents of James Michael Cole, of the District of Co- decided to circumvent the Senate and pertain to national security matters. It lumbia, to be Deputy Attorney General. recess-appointed Mr. Cole on December is time for the Justice Department to Harry Reid, Patrick J. Leahy, Herb Kohl, 29, 2010. abandon this baseless argument and Dianne Feinstein, Al Franken, Chris- Here we are 5 months later: the Jus- give us the documents. topher A. Coons, Richard Blumenthal, tice Department is still thwarting the The Intelligence committee is also Amy Klobuchar, Sheldon Whitehouse, Intelligence committee’s oversight. waiting for a list of the 92 detainees Sherrod Brown, Mark Udall, Richard J. The documents we have requested all Durbin, Thomas R. Carper, Bernard who were approved for transfer as of Sanders, John D. Rockefeller IV, relate to the Guantanamo Detainee Re- August 28, 2009, prior to the application Jeanne Shaheen, Charles E. Schumer. view Task Force that made rec- of the September 2009 memorandum. The PRESIDING OFFICER. By unan- ommendations to the Administration The Department indicated in November imous consent, the mandatory quorum on whether to transfer, release, or de- 2010 that the list would be provided, call has been waived. tain Gitmo detainees. Over 2 years ago, but the committee has yet to receive The question is, Is it the sense of the the committee became aware of rising it. Senate that debate on the nomination recidivism rates among former Gitmo Last Friday, we heard from the De- of James Michael Cole, of the District detainees. At that time, the rate was partment for the first time in months, of Columbia, to be Deputy Attorney around 11 percent—it is now above 25 wanting to work something out on the General shall be brought to a close? percent. Congress has a unique obliga- documents in advance of the cloture The yeas and nays are mandatory tion to the American people to ensure vote on the Cole nomination. This is a under the rule. that no more dangerous detainees are bit ironic, considering that letters and The clerk will call the roll. released from Gitmo, and that those e-mails from last year have gone unan- The assistant legislative clerk called who have been released do not resume swered. The best thing they can do now the roll. their terrorist ways. Each one of the is to honor our request and give us the Mr. DURBIN. I announce that the documents we are seeking is essential documents that we have requested. Senator from California (Mrs. BOXER), to understanding why the task force The Department’s obstruction of a the Senator from Louisiana (Ms. made certain recommendations about congressional review is not the only LANDRIEU), and the Senator from certain detainees, especially those de- reason I am opposing cloture. Mr. Cole Vermont (Mr. SANDERS) are necessarily tainees our intelligence professionals still has not explained comments he absent. judged were too dangerous to transfer. made about the 9/11 attacks. In Sep- Mr. KYL. The following Senators are The detainees remaining at Gitmo tember 2002, he wrote an op-ed in which necessarily absent: the Senator from are among the worst of the worst, yet he called these attacks ‘‘criminal acts Wyoming (Mr. BARRASSO), the Senator many are still designated for transfer. of terrorism against a civilian popu- from South Carolina (Mr. GRAHAM), the Given the upward trend in recidivism lation.’’ Following this logic, he dimin- Senator from Utah (Mr. HATCH), the rates, the Intelligence Committee is ished 9/11 to being no more than ‘‘the Senator from Arizona (Mr. MCCAIN), reasonably concerned that some of the scourge of the drug trade, the reign of the Senator from Kansas (Mr. MORAN), detainees who have been or may be organized crime, and countless acts of the Senator from Pennsylvania (Mr. transferred to third countries will re- rape, child abuse, and murder.’’ He also TOOMEY), and the Senator from Lou- engage in terrorist activities. Lin- argued that the protections of our isiana (Mr. VITTER). gering questions about the monitoring criminal justice system ‘‘must be ap- Further, if present and voting, the capabilities of countries that have ac- plied to everyone to be effective.’’ I Senator from Utah (Mr. HATCH) would cepted detainees add to these concerns. could not disagree more with this have voted ‘‘nay.’’ In making its recommendations, the statement—no terrorist deserves the The yeas and nays resulted—yeas 50, task force operated under guidance and benefits of our criminal justice system. recommendations from the Attorney Mr. Cole has neither rejected these nays 40, as follows: General. The Department of Justice, comments, nor really explained why he [Rollcall Vote No. 67 Ex.] however, refuses to provide a Sep- made them. Until he does so, I have to YEAS—50 tember 2009 Attorney General memo- question his judgment and his suit- Akaka Cantwell Feinstein randum that reportedly recommends ability to be the second-in-command at Baucus Cardin Franken Begich Carper Gillibrand that an entire category of detainees be the Justice Department. Bennet Casey Hagan presumed to be eligible for transfer. If It is for these reasons, I cannot sup- Bingaman Conrad Harkin classes of detainees are to be presumed port cloture on the nomination of Mr. Blumenthal Coons Inouye to be eligible for transfer by DOJ, then Cole at this time. Brown (OH) Durbin Johnson (SD)

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2772 CONGRESSIONAL RECORD — SENATE May 9, 2011 Kerry Menendez Shaheen uated with a degree from DeKalb State back to the Senate in 2005, and she has Klobuchar Merkley Stabenow Teachers College, which is now North- been an indispensable part of the Sen- Kohl Mikulski Tester Lautenberg Murray Udall (CO) ern Illinois University. While there, ate floor team ever since. Whenever Leahy Nelson (NE) Udall (NM) she met her husband Alex Saudargas any of us had a question, she had the Levin Nelson (FL) Warner and they moved to Rockford to start a answer. She has been a friendly and Lieberman Pryor Webb family. welcoming presence in the cloakroom, Lugar Reed Whitehouse Manchin Rockefeller Alice raised ten children and sup- Wyden regardless of how long her day was. She McCaskill Schumer ported Alex as he led the basketball has been a tremendous help to every NAYS—40 team at West High School to two leg- one of us. And we will all miss her. But Alexander DeMint Murkowski endary state championships in 1955 and we are all delighted that she has found Ayotte Enzi Paul 1956. In those days, Alice could always her partner in life, and we wish her and Blunt Grassley Portman be seen at West’s basketball games, her new husband, LCDR Glenn Wright, Boozman Heller Reid cheering on the team. Brown (MA) Hoeven U.S. Navy, many years of happiness Risch But Alice wanted to have a personal Burr Hutchison Roberts and every success as they begin their Chambliss Inhofe Rubio impact on the lives of Rockford’s need- life together. Jody and Glenn met on a Coats Isakson Sessions iest students. She went back to school church trip to Israel in October and re- Coburn Johanns Shelby Cochran Johnson (WI) and earned her master’s degree in edu- cently tied the knot. So I am sure Snowe Collins Kirk cation from Northern Illinois Univer- many adventures lie ahead. We thank Thune Corker Kyl Wicker sity. Alice worked as a special edu- her for her good cheer, her profes- Cornyn Lee cation teacher and eventually became Crapo McConnell sionalism, and her service. a principal of Elmwood Center, a f NOT VOTING—10 school for emotionally disturbed chil- Barrasso Landrieu Toomey dren. The students there called her RECOGNIZING THE ALLY Boxer McCain Vitter ‘‘Big Mamma’’ and they always appre- FOUNDATION Graham Moran Hatch Sanders ciated the love, support, and care she Mr. BROWN of Massachusetts. Mr. showed them. President, I rise today to honor The The PRESIDING OFFICER (Mr. Alice retired from the school district ALLY Foundation, an inspirational or- MANCHIN). On this vote, the yeas are 50, in 1986 at the age of 70, but she didn’t ganization in Massachusetts. In the the nays are 40. Three-fifths of the Sen- slow down or lose her passion for edu- summer of 2002, a young woman named ators duly chosen and sworn not having cation. She led committees to help Alexandra ‘‘Ally’’ Zapp walked into a voted in the affirmative, the motion is make the Rockford schools more inclu- fast food restaurant’s restroom in Mas- rejected. sive of all children and to maintain the sachusetts and was brutally murdered. The majority leader is recognized. legacy of West High School. At the age Soon after Ally’s death, her parents Mr. REID. Mr. President, I enter a of 84, Alice was appointed to complete learned that the man who killed Ally motion to reconsider the vote by which a term on the Rockford School Board. was not just an employee of the res- cloture was rejected. She was subsequently elected in her taurant but an extremely dangerous The PRESIDING OFFICER. The mo- own right and served on the board for sexual predator with 24 previous crimi- tion is entered. 11 years. Her last day as a Rockford nal convictions, including rape and f School Board member was April 26. kidnapping. LEGISLATIVE SESSION Alice is supported in all her endeav- Ally’s mother, Andrea Casanova, and ors by her 9 surviving children, 16 stepfather, Steven Stiles, turned their Mr. REID. Mr. President, I ask unan- grandchildren, and 14 great-grand- anger to resolve and their sadness to imous consent that the Senate return children as well as the hundreds of stu- hope and founded The ALLY Founda- to legislative session. dents she has supported and mentored tion. The ALLY Foundation is dedi- The PRESIDING OFFICER. Without throughout her long career. She has cated to changing the way our society objection, it is so ordered. touched the lives of countless individ- deals with sexual predators and edu- f uals in my state. She is renowned for cating policymakers, employers, and the general public on sexual violence. MORNING BUSINESS her commitment to Rockford’s need- iest children, her strong spirit, and of Their work initially involved learning Mr. REID. Mr. President, I ask unan- course her trademark laugh. all they could about sexual violence, imous consent that the Senate proceed Although Alice’s time on the Rock- poring over research, attending con- to a period of morning business for de- ford School Board has come to an end, ferences, and interviewing dozens of ex- bate only with Senators permitted to I know that this won’t be the end of perts. Andrea soon became an expert speak for up to 10 minutes each. her service or commitment to the com- herself and a compelling presence at The PRESIDING OFFICER. Without munity. I understand that she plans to sex offender management conferences. objection, it is so ordered. write a book about her life and work. Andrea and Steve’s tireless research f That will be quite a story. confirms that current criminal stat- I thank Alice for her lifelong efforts utes and incarceration guidelines as TRIBUTE TO ALICE SAUDARGAS to improve the lives of others in and they pertain to sexual violence often Mr. DURBIN. Mr. President, I rise around Rockford. I wish her all the go unenforced and are at best incon- today to honor an outstanding Illi- best. sistent. There are an estimated 600,000 noisan, Alice Saudargas, and to thank f sex offenders in the country and au- her for her many years of service as she thorities have not accounted for as ends her term on the Rockford School TRIBUTE TO JODY HERNANDEZ many as 100,000 offenders. Board. Mr. MCCONNELL. Mr. President, in The ALLY Foundation does more Alice Saudargas is a remarkable pub- the midst of all our other business, I than merely raise awareness of a prob- lic servant. She has dedicated her life would like to just pause and take a mo- lem; they’re helping to solve it. Within to working with high-poverty schools ment to recognize the outstanding 2 years of Ally’s murder, The ALLY and troubled children. Alice and her work of Jody Hernandez, who left us Foundation had already made a signifi- late husband Alex spent more than 70 yesterday after 16 years of dedicated cant impact on public policy, including years educating students in Rockford, Senate service. Jody came to Wash- helping to pass Massachusetts’s sexu- and as she recently said ‘‘we loved ington, by way of San Antonio, after ally dangerous commitment law— every minute of it.’’ graduating from Vanderbilt University. known as the Ally Zapp Law—to keep Alice Christine Nesheim was born in Over the years, she has lent her talents sex offenders predators off the street 1916 in northern Illinois to Norwegian to the Republican Policy Committee, after they complete their criminal sen- immigrants. She graduated first in her the Budget Committee, and with Sen- tence. high school class and was the first in ator Don Nickles on and off the Hill. Ally’s tragic death and countless her family to attend college. She grad- David Schiappa convinced her to come other attacks were the result of a legal

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2773 system largely unequipped to handle is retiring. From his days as a VA of service to the country and to the the unique dynamics of sexual preda- claims examiner in Milwaukee to his many veterans whose lives he has im- tion. Ally’s killer should never have present leadership position, he has ably proved in such crucial ways. His record been free, let alone work around the served our Nation’s veterans. is an example of public service at its general public. Tom has earned an excellent reputa- best, and I deeply appreciate his long In less than a decade, The ALLY tion with Members of Congress and commitment to those who have worn Foundation has had a profound impact their staff, especially with that of the the nation’s uniform. I wish him all the on public policy. It is impossible to Senate Committee on Veterans’ Af- best in his future endeavors and know know how many lives have been saved fairs, of which I was proud to serve as that all of us who have counted on him or how many were spared the physical chairman during the 109th and 110th over the years will miss him.∑ and emotional scars of sexual abuse Congresses. He also receives high f and violence. But the fact remains that praise from leaders of veterans service WORLD WAR II HEROES FLIGHT thanks to The ALLY Foundation, pub- organizations, the Department of De- lic officials and employers are far bet- fense, the Social Security Administra- ∑ Mr. CORNYN. Mr. President, today I ter educated and equipped to enact tion, and the Department of Justice. wish to acknowledge and honor a very laws and adjust policies to reflect the He has represented the VA with dis- special group of veterans. In apprecia- unique nature of sexual violence. I tinction before the Congress, other tion for their selfless service to our commend Andrea and Steve for all they Federal agencies, and foreign delega- country, Brookshire’s Grocery Store do. tions. and Super 1 Foods have sponsored a During my chairmanship of the Vet- f World War II Heroes Flight that has erans’ Affairs Committee, Tom was the brought 33 World War II veterans to ROONEY NOMINATION ‘‘go to person’’ for matters of critical Washington, DC, free of charge. Mr. WYDEN. Mr. President, in importance to veterans, especially I want to take a moment to thank March, I was compelled to place a hold those seeking compensation for their these brave veterans visiting our Na- on the nomination of Jo Ann Rooney to war wounds. When time was of the es- tion’s Capital, including six that are be Principal Deputy Under Secretary of sence, he cut through the red tape and from Texas: John Connolly, Longview, Defense for Personnel and Readiness, personally saw to it that the veteran TX; Gene Germaine, Longview, TX; when I was not satisfied that the mili- got the benefits that were due. More Glen Kernohan, Longview, TX; Hugh tary had properly investigated the mis- broadly, he has led efforts to improve Neeld, Jacksonville, TX; Dale Whitton, treatment of some members of the Or- the delivery of benefits to all veterans, Tyler, TX; and Jim David Woolverton, egon National Guard who were demobi- including initiatives to ease the burden Tyler, TX. lizing at Joint Base Lewis-McChord, of proof for those suffering from post- During this trip, these veterans will JBLM. traumatic stress disorder, to enable tour Arlington National cemetery, the I am pleased to say that today I am veterans to begin the claims process Iwo Jima Memorial, the World War II lifting that hold. before discharge from military service, Memorial, the United States Capitol, I have had meetings and exchanged to better coordinate the delivery of and other sites. This program provides letters with Secretary of the Army military and VA benefits, and to auto- many veterans with their only oppor- John McHugh, Army Vice Chief of mate claims for higher education bene- tunity to see the great memorials dedi- Staff General Peter Chiarelli, Major fits under the new G.I. bill. cated to their service and sacrifice. General Philip Volpe, Jo Ann Rooney, In particular, I thank Tom for the Thus, today, I ask my colleagues to and Dr. Clifford Stanley, who will be work he did in improving VA’s evalua- join me in honoring these great Ameri- Dr. Rooney’s supervisor if she is con- tion of and ratings for veterans with cans and thanking them for their devo- firmed. I have also received several traumatic brain injuries, TBI. Soon tion and service to our Nation.∑ documents related to the investiga- after becoming chairman of the Vet- f tions, and written answers to more erans’ Affairs Committee, I asked former VA Under Secretary for Bene- TRIBUTE TO REV. ROBERT A. than 60 questions about the investiga- WILD, S.J. tions. fits, Daniel L. Cooper, about limita- I am satisfied that the actions taken tions on TBI ratings to 10 percent ‘‘and ∑ Mr. KOHL. Mr. President, I wish to by the Army put them on the right no more.’’ Tom played a significant honor Reverend Robert A. Wild, S.J., path to ensuring that future National role in VA’s response: He developed president of Marquette University in Guard soldiers receive all of the care temporary guidance so that VA could Milwaukee. Father Wild began his du- and benefits to which they are entitled. promptly address cases where the limi- ties as president of Marquette Univer- I will continue to closely monitor the tation should not be applied and devel- sity on June 17, 1996, with a pledge that implementation of the changes the oped final regulations to ensure more he would ‘‘spare no effort in keeping Army is making. However, I believe appropriate ratings in subsequent Marquette on a strong and clear path that Dr. Rooney would, if confirmed, claims. Tom’s actions had an imme- into the future.’’ As he enters retire- work to ensure that all servicemem- diate and sustained impact on the lives ment on July 31, 2011, it is my belief bers get appropriate medical care, and of veterans who were injured in Iraq that my friend has not strayed from improve the demobilization process. and Afghanistan. his pledge. I would urge the Senate to quickly Nearly 40 years of service to the Na- As a Catholic, Jesuit institution, and positively act on Dr. Rooney’s tion demonstrates a commitment to Marquette promotes an academically nomination. public service matched by few. Tom rigorous, values-centered curriculum. has worked tirelessly to ensure that Throughout his presidency, Father f veterans receive the benefits that they Wild has encouraged the practical ADDITIONAL STATEMENTS deserve, a goal that has become ever preparation of students for work in an more challenging with increases in the increasingly complex and diverse number of servicemembers returning world, advocating for the formation of TRIBUTE TO THOMAS J. from the conflicts in Iraq and Afghani- individuals as ethical and informed PAMPERIN stan who have serious injuries, the de- leaders in their religious, cultural, pro- ∑ Mr. AKAKA. Mr. President, I would mand for G.I. bill benefits, and the fessional, and civic communities. like to take a moment today to recog- number of compensable illnesses. Over Through this work, Father Wild has nize the long and distinguished career the course of his career, Tom has de- demonstrated a deep care and under- of Mr. Thomas J. Pamperin of the De- voted himself to delivering on the Na- standing of the development of young partment of Veterans Affairs, VA. tion’s promise to care for the veteran people. After nearly four decades of public and his widow. I applaud his dedica- Early in his career as president, Fa- service, beginning with the U.S. Army tion, hard work, and countless achieve- ther Wild oversaw the rewriting of and now as the VA’s Deputy Under Sec- ments, and I ask my colleagues to join Marquette’s mission statement in an retary for Disability Assistance, Tom me in thanking him for his many years effort to clearly define what all people,

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2774 CONGRESSIONAL RECORD — SENATE May 9, 2011 young and old, should strive toward on His presidency, based in the values of Politician and Orator’’; 1860–1925, that sum- a daily basis. The mission statement excellence, faith, leadership and serv- marizes my thoughts on Indiana agriculture. was reorganized under the key values ice, has inspired countless individuals ‘‘Burn down your cities and leave our farms, of excellence, faith, leadership and not only in the Marquette community and your cities will spring up again by magic; but destroy our farms and the grass service. These values have permeated but in Milwaukee and throughout Wis- will grow in the streets of every city in the all aspects of Father Wild’s tenure as consin that will be felt for years to country.’’ I believe agriculture was the foun- he has constantly inspired the Mar- come.∑ dation of our country then and still is today. quette community in the fostering of f personal and professional excellence, AGRICULTURE: THEN AND NOW HOOSIER ESSAY CONTEST the promotion of a life of faith, and the (By Collin Bowlin) WINNERS development of leadership expressed in Slowly standing up from the seat of his service to others. ∑ Mr. LUGAR. Mr. President, I wish Case-IH tractor in which he has been sitting Father Wild has boldly committed today to take the opportunity to ex- for the past two hours, he wears a smile that Marquette to making higher education press my congratulations to the win- turns into a grimace until the shooting pain accessible to all students, regardless of ners of the 2010–2011 Dick Lugar/Indi- eases and his knee pops back into place. The ana Farm Bureau/Indiana Farm Bureau pain in his knee is the result of the many financial means. To accomplish this, years of hard work he has put into farming Marquette became the first university Insurance Companies Youth Essay Con- this land. Steadily stepping down from the in the country to partner with the test. tractor, he points to where he stopped mak- Boys & Girls Clubs of America to offer In 1985, I joined with the Indiana ing the windrows of hay and now I climb full-tuition scholarships. This program Farm Bureau to sponsor an essay con- onto the tractor. It is my turn to take over, and others have helped many first-gen- test for 8th grade students in my home where he left off. eration students attend college, so State. The purpose of this contest is to He has made his livelihood from farming encourage young Hoosiers to recognize these rolling hills in southern Indiana, grow- much so that 20 percent of Marquette’s ing crops of corn, soybeans, and hay, and students are the first in their families and appreciate the importance of Indi- raising livestock which include beef cattle, to attend college. ana agriculture in their lives and sub- swine, and poultry. He is my grandfather. He The more than 36,000 students who sequently craft an essay responding to has instilled in me to take good care of these have received a Marquette degree the assigned theme. The theme chosen blessings, land and livestock. As a young under Father Wild’s tenure have had for this year was ‘‘Agriculture: Then boy, Grandpa worked the land with a team of the advantage of learning from re- and Now.’’ horses. Now we have horsepower to more ef- nowned faculty members who work to Along with my friends at the Indiana ficiently produce the food that people rely advance knowledge and improve the Farm Bureau and Indiana Farm Bureau upon every day. After his eighth grade year Insurance Companies, I am pleased in school, Grandpa had no choice but to end world around them. Over Father Wild’s his schooling early in order to help out on career, faculty members and students with the annual response to this con- his family’s farm. As an eighth grade student have seen a 130-percent increase in test and the quality of the essays re- today, I have many choices, and I know I total research and sponsored project ceived over the years. I applaud each of will attend college in the future. dollars. this year’s participants on their My love for raising, showing, and judging Beyond research and academics, Fa- thoughtful work and wish, especially, beef cattle and pigs has given me many op- ther Wild has placed an emphasis on to highlight the submissions of the portunities. Agriculture will always play a community interaction that has made 2010–2011 contest winners Alexis J. huge role in my life. I am proud to be one voice supporting the agricultural industry Marquette a focal point for discussion Carmony of Falmouth, Indiana, and which provides food, fiber, and fuel to the of the region’s most important and Collin Bowlin of Jasper, Indiana. I sub- world. The economic and environmental complex societal issues. Thanks to mit for the RECORD the complete text issues facing farmers today need to be ad- these interactions, Marquette’s pres- of Alexis’s and Collin’s respective es- dressed by knowledgeable people. So now, it ence in southeast Wisconsin is stronger says. I am pleased, also, to include the is my turn to take over, where Grandpa left than ever before. Father Wild has ex- names of the many district and county off. panded the university’s outreach winners of the contest. through service and faculty research, The essays and winners follow. 2010–2011 DISTRICT ESSAY WINNERS DISTRICT 1 and currently more than 85 percent of AGRICULTURE: THEN AND NOW Gabrielle Carlson, Quinn McGovern. Marquette students serve their commu- (By Alexis J. Carmony) DISTRICT 2 nity. Indiana agriculture is important to me be- Katie Lopshire, William Joseph Rockey. The physical growth of the Mar- cause of the basic values it instills in my quette campus is one of the most obvi- life. Agriculture is about hard work, appre- DISTRICT 3 ous indicators of Father Wild’s com- ciation for life and living things, the impor- Shelbi Perry, Dakota Burghardt. mitment to the university. Father Wild tance of our soil and water conservation, DISTRICT 4 oversaw the financing, construction perseverance, ability to overcome hardships, Rachel Girod, Nathan Chou. and being creative in dealing with factors be- and completion of a new facility for the DISTRICT 5 Marquette University School of Den- yond man’s control. Indiana agriculture has an amazing respon- Shane Slaven, Kiersten Mundy. tistry, training the State’s future den- sibility. Years ago, Indiana farmers were DISTRICT 6 tists and promoting oral health proud to feed their families from the farm; Katie Pfaff, Max Keller. through outreach programs that target today Indiana farmers are proud to feed the DISTRICT 7 world from their farms. The heart of Indiana underserved patients in six clinical Easton Booe, Whitney Halfhill. sites throughout the State, making agriculture has not changed from decades DISTRICT 8 Marquette one of the largest Medicaid ago. Past generations had to physically work Josh Orschell, Alexis J. Carmony. providers in the State. All of this hard to produce their product, whereas the growth has been fueled by unprece- present generations have to work as hard for DISTRICT 9 the skill it takes to market their product. Anna Hagedorn, Collin Bowlin. dented fundraising led by Father Wild. From the time I went with my great DISTRICT 10 In addition to promoting academics grandfather to feed his cattle and sensed his and service, Father Wild was strategic love for those animals, I was hooked on agri- Amber Moore, Clayton Pottschmidt. in helping Marquette enter the Big culture. Even when those animals did not co- 2010–2011 COUNTY ESSAY WINNERS East Athletic Conference in 2005. In 6 operate, grandpa still loved them. He has ADAMS short years, the school has enjoyed cared for livestock for years, and he enjoys it Eli Hill, Adams Central Middle School; Ra- success in many of its athletic pro- today as he did years ago. My great grand- chel Girod, Bellmont Middle School. father continues to be active in Indiana agri- grams, most prominently a Sweet 16 ALLEN culture today and models what agriculture is run in the 2011 NCAA Men’s Basketball all about: hard work, appreciation for live- Robert Ottenweller and Aubrey Fespel, Tournament. stock and plants, and good stewardship of Saint Joseph Hessen Cassel School. I offer my gratitude and sincerest our earth. BARTHOLOMEW thanks to my friend Father Wild on his In closing, I will leave you with a quote Mark Buffo and Meredith Dickerson, Cen- retirement from Marquette University. from William Jennings Bryan, ‘‘American tral Middle School.

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CLARK PULASKI H.R. 3. An act to prohibit taxpayer funded David Elias Book, Borden Junior-Senior Quinn McGovern, Winamac Middle School. abortions and to provide for conscience pro- High School. PUTNAM tections, and for other purposes. CLAY Troy Davis and Kiersten Mundy, f Easton Booe, Clay City Junior-Senior High Cloverdale Middle School. EXECUTIVE AND OTHER School; Whitney Halfhill, North Clay Middle RIPLEY COMMUNICATIONS School. Liam Tuveson and Brooke Siefert, Saint DEARBORN Louis Catholic School. The following communications were Matthew Bourquein, Sunman-Dearborn RUSH laid before the Senate, together with Middle School. Austin Rogers and Sarah Innis, Benjamin accompanying papers, reports, and doc- DECATUR Rush Middle School. uments, and were referred as indicated: Byron Haley and Sarah Gilley, South De- SCOTT EC–1512. A communication from the Chair- catur Junior-Senior High School. Sarah Grace Hamelman, Scottsburg Middle man and Chief Executive Officer, Farm Cred- DELAWARE School. it Administration, transmitting, pursuant to law, a report relative to the Administra- Joseph Dorton and Chelsie Taylor, Delta ST. JOSEPH tion’s 2011 compensation program adjust- Middle School. Nicholas Kuyers and Adeline Jongsma, ments; to the Committee on Agriculture, Nu- Covenant Christian School. DUBOIS trition, and Forestry. Collin Bowlin, Jasper Middle School; Anna STEUBEN EC–1513. A communication from the Sec- Hagedorn, Forest Park Junior-Senior High Sam Wilcox and Katie Lopshire, Angola retary of Defense, transmitting, pursuant to School. Middle School. law, a report relative to the current and fu- ELKHART SWITZERLAND ture military strategy of Iran (DCN OSS Doris Mullett, Clinton Central Junior-Sen- Riley Phagan and Amber Moore, Switzer- 2011–0754); to the Committee on Armed Serv- ior High School. land County Middle School. ices. EC–1514. A communication from the Assist- FLOYD VANDERBURGH ant Secretary, Bureau of Political-Military Cooper Pratt, Plaza Park Middle School; Ryan Didat and Erin Embrey, Our Lady of Affairs, Department of State, transmitting, Megan O’Leary, Good Shepherd School. Perpetual Help School. pursuant to law, an addendum to a certifi- FRANKLIN VERMILLION cation, transmittal number: DDTC 11–008, of Josh Orschell, St. Michael School; Ella David Craft and Bethany Lewis, North the proposed sale or export of defense arti- Knight, Mount Carmel School. Vermillion Junior-Senior High School. cles, including technical data, and defense GREENE WABASH services to a Middle East country regarding Drew Witty and Aubri Lehman, Linton- Devin Tracy and Jensen Zumbaugh, any possible affects such a sale might have Stockton Junior High School. Northfield Junior-Senior High School. relating to Israel’s Qualitative Military Edge WARREN over military threats to Israel; to the Com- HAMILTON mittee on Armed Services. Curitis White and Maddie Rhea, Seeger Matthew Hodges and Paige Bousamra, Car- EC–1515. A joint communication from the Memorial Junior-Senior High School. mel Middle School. Secretary of Defense and the Secretary of HENRY WAYNE Energy, transmitting, pursuant to law, a re- Jake Wicker and Katie Pfaff, Tri Junior- Evan Liggett and Michaela Castleman, port relative to nuclear weapons (DCN OSS Senior High School. Centerville Junior High School. 2011–0746); to the Committee on Armed Serv- ices. HOWARD WHITE EC–1516. A communication from the Under Nathan Chou and Ava McClure, North- Dakota Burghardt and Shelbi Perry, Fron- tier Junior High School.∑ Secretary of Defense (Acquisition, Tech- western Middle School. nology, and Logistics), transmitting, pursu- f JACKSON ant to law, a report entitled ‘‘Report on Ac- Clayton Pottschmidt, Immanuel Lutheran MESSAGES FROM THE PRESIDENT tivities and Programs for Countering Pro- School; Jaylyn Quade, St. John’s Lutheran Messages from the President of the liferation and NBC Terrorism’’ (DCN OSS School. 2011–0758); to the Committee on Armed Serv- United States were communicated to JASPER ices. the Senate by Mr. Pate, one of his sec- EC–1517. A communication from the Dep- Sydney Dobson and Austin Fleming, retaries. Rensselaer Central Middle School. uty Secretary of Defense, transmitting, pur- f suant to law, a report relative to the Joint JAY Improvised Explosive Device Defeat Organi- Brandon Muhlenkamp and Catherine Dunn, EXECUTIVE MESSAGES REFERRED zation’s Third Quarter Report for Calendar East Jay Middle School. As in executive session the Presiding Year 2010 (DCN OSS Control 2011–2137); to the JEFFERSON Officer laid before the Senate messages Committee on Armed Services. Kaitlyn Boehm, Shawe Memorial Junior- from the President of the United EC–1518. A communication from the Assist- Senior High School. States submitting sundry nominations ant Secretary, Bureau of Political-Military Affairs, Department of State, transmitting, LAKE and a withdrawal which were referred pursuant to law, an addendum to a certifi- William Barney and Teresa Vazquez, Our to the appropriate committees. cation, transmittal number: DDTC 11–009, of Lady of Grace School. (The nominations received today are the proposed sale or export of defense arti- LAWRENCE printed at the end of the Senate pro- cles, including technical data, and defense Anna Hawkins, St. Vincent de Paul Catho- ceedings.) services to a Middle East country regarding lic School. f any possible affects such a sale might have MARION relating to Israel’s Qualitative Military Edge MESSAGE FROM THE HOUSE Max Keller, Immaculate Heart of Mary over military threats to Israel; to the Com- School; Emma Moore, Creston Middle At 2:12 p.m., a message from the mittee on Armed Services. School. House of Representatives, delivered by EC–1519. A communication from the Direc- tor of Defense Procurement and Acquisition NOBLE Mrs. Cole, one of its reading clerks, an- Policy, Department of Defense, transmit- William Joseph Rockey and Rachel Flory, nounced that pursuant to 22 U.S.C. ting, pursuant to law, the report of a rule en- Central Noble Middle School. 276h, and the order of the House of Jan- titled ‘‘Defense Federal Acquisition Regula- ORANGE uary 5, 2011, the Speaker appointed the tion Supplement: Guidance on Personal Andrew Hawkins, Orleans Junior-Senior following Member of the House of Rep- Services’’ ((RIN0750–AG72) (DFARS Case High School; Keisha Levi, Paoli Junior-Sen- resentatives to the Mexico-United 2009–D028)) received in the Office of the ior High School. States Interparliamentary Group: Mr. President of the Senate on May 4, 2011; to the Committee on Armed Services. PARKE PASTOR of Arizona. EC–1520. A communication from the Direc- Shane Slaven and Molly Jones, Rockville f tor of Defense Procurement and Acquisition Junior-Senior High School. MEASURES PLACED ON THE Policy, Department of Defense, transmit- PORTER CALENDAR ting, pursuant to law, the report of a rule en- William Alex Sanders, Kouts Middle titled ‘‘Defense Federal Acquisition Regula- School; Gabrielle Carlson, Victory Christian The following bill was read the sec- tion Supplement: Electronic Ordering Proce- Academy. ond time, and placed on the calendar: dures’’ ((RIN0750–AH20) (DFARS Case 2009–

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2776 CONGRESSIONAL RECORD — SENATE May 9, 2011 D037)) received in the Office of the President report of a rule entitled ‘‘Wisconsin: Incorpo- EC–1540. A communication from the Assist- of the Senate on May 4, 2011; to the Com- ration by Reference of Approved State Haz- ant Secretary of Defense (Legislative Af- mittee on Armed Services. ardous Waste Management Program’’ (FRL fairs), transmitting a legislative proposal EC–1521. A communication from the Dep- No. 9293–9) received in the Office of the Presi- relative to the National Defense Authoriza- uty Secretary of Defense, transmitting, pur- dent of the Senate on May 4, 2011; to the tion Act for Fiscal Year 2012; to the Com- suant to law, a report relative to the activi- Committee on Environment and Public mittee on Health, Education, Labor, and ties of the Western Hemisphere Institute for Works. Pensions. Security Cooperation; to the Committee on EC–1531. A communication from the Direc- EC–1541. A communication from the Chief Armed Services. tor of Human Resources, Environmental Pro- Human Capital Officer, Corporation for Na- EC–1522. A communication from the Assist- tection Agency, transmitting, pursuant to tional and Community Service, transmit- ant Secretary of Defense (Reserve Affairs), law, a report relative to a vacancy in the po- ting, pursuant to law, a report relative to a transmitting a report relative to additional sition of Assistant Administrator for Water, vacancy in the position of Inspector General Reserve component equipment procurement received in the Office of the President of the at the Corporation for National and Commu- and military construction; to the Committee Senate on May 4, 2011; to the Committee on nity Service; to the Committee on Health, on Armed Services. Environment and Public Works. Education, Labor, and Pensions. EC–1523. A communication from the Assist- EC–1532. A communication from the Direc- EC–1542. A communication from the Chair- ant Secretary of Defense (Legislative Af- tor of Congressional Affairs, Nuclear Regu- man of the Council of the District of Colum- fairs), transmitting legislative proposals rel- latory Commission, transmitting, pursuant bia, transmitting, pursuant to law, a report ative to the National Defense Authorization to law, the report of a rule entitled ‘‘Nuclear on D.C. Act 19–53 ‘‘District of Columbia Act for Fiscal Year 2012; to the Committee Power Plant Stimulation Facilities for Use Board of Elections and Ethics Primary Date on Armed Services. in Operator Training, License Examinations, Alteration Amendment Act of 2011’’; to the EC–1524. A communication from the Assist- and Applicant Experience Requirements’’ Committee on Homeland Security and Gov- ant Secretary of Defense (Legislative Af- (Regulatory Guide 1.149, Revision 4) received ernmental Affairs. fairs), transmitting a legislative proposal during adjournment of the Senate in the Of- EC–1543. A communication from the Chair- relative to the National Defense Authoriza- fice of the President of the Senate on April man of the Council of the District of Colum- tion Act for Fiscal Year 2012; to the Com- 18, 2011; to the Committee on Environment bia, transmitting, pursuant to law, a report mittee on Armed Services. and Public Works. on D.C. Act 19–54 ‘‘Third and H Streets, N.E. EC–1525. A communication from the Assist- EC–1533. A communication from the Regu- Economic Development Technical Clarifica- ant Secretary for Export Administration, lations Coordinator, Centers for Medicare tion Temporary Act of 2011’’; to the Com- Bureau of Industry and Security, Depart- and Medicaid Services, Department of mittee on Homeland Security and Govern- ment of Commerce, transmitting, pursuant Health and Human Services, transmitting, mental Affairs. to law, the report of a rule entitled pursuant to law, the report of a rule entitled EC–1544. A communication from the Chair- ‘‘Wassenaar Arrangement 2010 Plenary ‘‘Medicare Program: Hospital Inpatient man of the Council of the District of Colum- Agreements Implementation: Categories 1, 2, Value-Based Purchasing Program’’ (RIN0938- bia, transmitting, pursuant to law, a report 3, 4, 5 Parts I and II, 6, 7, 8, and 9 of the Com- AQ55) received in the Office of the President on D.C. Act 19–55 ‘‘Real Property Tax Ap- merce Control List, Definitions, Reports’’ of the Senate on May 4, 2011; to the Com- peals Commission Establishment Temporary (RIN0694–AF11) received in the Office of the mittee on Finance. Amendment Act of 2011’’; to the Committee President of the Senate on May 4, 2011; to the EC–1534. A communication from the Regu- on Homeland Security and Governmental Af- Committee on Banking, Housing, and Urban lations Coordinator, Centers for Medicare fairs. Affairs. and Medicaid Services, Department of EC–1545. A communication from the Chair- EC–1526. A communication from the Direc- Health and Human Services, transmitting, man of the Council of the District of Colum- tor of the Regulatory Management Division, pursuant to law, the report of a rule entitled bia, transmitting, pursuant to law, a report Office of Policy, Environmental Protection ‘‘Medicare and Medicaid Programs: Changes on D.C. Act 19–56 ‘‘Clean and Affordable En- Agency, transmitting, pursuant to law, the Affecting Hospital and Critical Access Hos- ergy Fiscal Year 2011 Fund Balance Tem- report of a rule entitled ‘‘Approval and Pro- pital Conditions of Participation: Telemedi- porary Amendment Act of 2011’’; to the Com- mulgation of Implementation Plans; Con- cine Credentialing and Privileging’’ mittee on Homeland Security and Govern- necticut: Prevention of Significant Deterio- (RIN0938-AQ05) received in the Office of the mental Affairs. ration; Greenhouse Gas Permitting Author- President of the Senate on May 4, 2011; to the EC–1546. A communication from the Chair- ity and Tailoring Rule Revision’’ (FRL No. Committee on Finance. man of the Council of the District of Colum- 9286–4) received in the Office of the President EC–1535. A communication from the Regu- bia, transmitting, pursuant to law, a report of the Senate on May 4, 2011; to the Com- lations Coordinator, Centers for Medicare on D.C. Act 19–57 ‘‘Not-for-Profit Hospital mittee on Environment and Public Works. and Medicaid Services, Department of Corporation Board Chairperson Designation EC–1527. A communication from the Direc- Health and Human Services, transmitting, Temporary Amendment Act of 2011’’; to the tor of the Regulatory Management Division, pursuant to law, the report of a rule entitled Committee on Homeland Security and Gov- Office of Policy, Environmental Protection ‘‘Medicare Program; Inpatient Psychiatric ernmental Affairs. Agency, transmitting, pursuant to law, the Facilities Prospective Payment System—Up- EC–1547. A communication from the Chair- report of a rule entitled ‘‘Multi-walled Car- date for Rate Year Beginning July 1, 2011 man of the Council of the District of Colum- bon Nanotubes; Significant New Use Rule’’ (RY2012)’’ (RIN0938-AQ23) received in the Of- bia, transmitting, pursuant to law, a report (FRL No. 8865–4) received in the Office of the fice of the President of the Senate on May 4, on D.C. Act 19–58 ‘‘Allen Chapel A.M.E. Sen- President of the Senate on May 4, 2011; to the 2011; to the Committee on Finance. ior Residential Rental Project Property Tax Committee on Environment and Public EC–1536. A communication from the Chief Exemption Clarification Temporary Act of Works. of the Publications and Regulations Branch, 2011’’; to the Committee on Homeland Secu- EC–1528. A communication from the Direc- Internal Revenue Service, Department of the rity and Governmental Affairs. tor of the Regulatory Management Division, Treasury, transmitting, pursuant to law, the EC–1548. A communication from the Chair- Office of Policy, Environmental Protection report of a rule entitled ‘‘Section 118 Clean man, Board of Governors of the Federal Re- Agency, transmitting, pursuant to law, the Coal’’ (Rev. Proc. 2011–30) received in the Of- serve System, transmitting, pursuant to law, report of a rule entitled ‘‘Revisions to the fice of the President of the Senate on May 4, the Inspector General’s Semiannual Report California State Implementation Plan, Impe- 2011; to the Committee on Finance. for the six-month period from October 1, 2010 rial County Air Pollution Control District EC–1537. A communication from the Assist- through March 31, 2011; to the Committee on (ICAPCD)’’ (FRL No. 9292–4) received in the ant Secretary of Defense (Legislative Af- Homeland Security and Governmental Af- Office of the President of the Senate on May fairs), transmitting a legislative proposal fairs. 4, 2011; to the Committee on Environment relative to the National Defense Authoriza- EC–1549. A communication from the Chief and Public Works. tion Act for Fiscal Year 2012; to the Com- of the Border Securities Regulations Branch, EC–1529. A communication from the Direc- mittee on Foreign Relations. Customs and Border Protection, Department tor of the Regulatory Management Division, EC–1538. A communication from the Acting of Homeland Security, transmitting, pursu- Office of Policy, Environmental Protection Assistant Secretary of Legislative Affairs, ant to law, the report of a rule entitled Agency, transmitting, pursuant to law, the U.S. Department of State, transmitting, pur- ‘‘Technical Corrections to Remove Obsolete report of a rule entitled ‘‘Revisions to the suant to law, the 2010 annual report on vot- References to Non-automated Carriers from California State Implementation Plan, San ing practices in the United Nations; to the Electronic Cargo Manifest Regulations and Joaquin Valley Unified Air Pollution Control Committee on Foreign Relations. to Update Terminology’’ (CBP Dec. 11–10) re- District’’ (FRL No. 9292–7) received in the Of- EC–1539. A communication from the Assist- ceived in the Office of the President of the fice of the President of the Senate on May 4, ant Legal Adviser for Treaty Affairs, Depart- Senate on May 4, 2011; to the Committee on 2011; to the Committee on Environment and ment of State, transmitting, pursuant to the Homeland Security and Governmental Af- Public Works. Case-Zablocki Act, 1 U.S.C. 112b, as amended, fairs. EC–1530. A communication from the Direc- the report of the texts and background state- EC–1550. A communication from the Staff tor of the Regulatory Management Division, ments of international agreements, other Director, United States Commission on Civil Office of Policy, Environmental Protection than treaties (List 2011–0053—2011–0067); to Rights, transmitting, pursuant to law, the Agency, transmitting, pursuant to law, the the Committee on Foreign Relations. report of the appointment of members to the

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Rights, transmitting, pursuant to law, the AN94) received in the Office of the President By Mr. BEGICH (for himself, Mr. report of the appointment of members to the of the Senate on May 4, 2011; to the Com- GRASSLEY, and Mr. TESTER): Illinois Advisory Committee; to the Com- mittee on Veterans’ Affairs. S. 914. A bill to amend title 38, United mittee on the Judiciary. States Code, to authorize the waiver of the EC–1552. A communication from the Staff f collection of copayments for telehealth and Director, United States Commission on Civil REPORTS OF COMMITTEES telemedicine visits of veterans, and for other Rights, transmitting, pursuant to law, the purposes; to the Committee on Veterans’ Af- report of the appointment of members to the The following reports of committees fairs. Minnesota Advisory Committee; to the Com- were submitted: By Mr. SANDERS: mittee on the Judiciary. By Mr. LIEBERMAN, from the Committee S. 915. A bill to provide for health care for EC–1553. A communication from the Assist- on Homeland Security and Governmental Af- every American and to control the cost and ant Secretary of Defense (Legislative Af- fairs, with an amendment: enhance the quality of the health care sys- fairs), transmitting legislative proposals rel- S. 498. A bill to ensure objective, inde- tem; to the Committee on Finance. ative to the National Defense Authorization pendent review of task and delivery orders By Mr. BINGAMAN: Act for Fiscal Year 2012; to the Committee S. 916. A bill to facilitate appropriate oil (Rept. No. 112–16). on the Judiciary. and gas development on Federal land and wa- EC–1554. A communication from the Direc- f ters, to limit dependence of the United tor, Administrative Office of the United States on foreign sources of oil and gas, and States Courts, transmitting, pursuant to EXECUTIVE REPORTS OF for other purposes; to the Committee on En- law, a report relative to time limitations es- COMMITTEE ergy and Natural Resources. tablished for deciding habeas corpus death The following executive reports of By Mr. BINGAMAN: penalty petitions; to the Committee on the S. 917. A bill to amend the Outer Conti- Judiciary. nominations were submitted: nental Shelf Lands Act to reform the man- EC–1555. A communication from the Sec- By Mr. LEAHY for the Committee on the agement of energy and mineral resources on retary of Health and Human Services, trans- Judiciary. the Outer Continental Shelf, and for other mitting, pursuant to law, an annual report Lisa O. Monaco, of the District of Colum- purposes; to the Committee on Energy and entitled ‘‘Report to the Congress on the Ref- bia, to be an Assistant Attorney General. Natural Resources. ugee Resettlement Program’’; to the Com- Bernice Bouie Donald, of Tennessee, to be By Mr. BAUCUS: mittee on the Judiciary. United States Circuit Judge for the Sixth S. 918. A bill to direct the Secretary of EC–1556. A communication from the Assist- Circuit. Transportation to carry out programs and ant Attorney General, Office of Legislative Virginia A. Seitz, of the District of Colum- activities to improve highway safety; to the Affairs, Department of Justice, transmit- bia, to be an Assistant Attorney General. Committee on Commerce, Science, and ting, pursuant to law, an annual report on Denise Ellen O’Donnell, of New York, to be Transportation. applications made by the Government for au- Director of the Bureau of Justice Assistance. By Mr. HARKIN (for himself and Mrs. thority to conduct electronic surveillance (Nominations without an asterisk GILLIBRAND): and physical searches during calendar year S. 919. A bill to authorize grant programs 2010; to the Committee on the Judiciary. were reported with the recommenda- to ensure successful, safe, and healthy stu- EC–1557. A communication from the Assist- tion that they be confirmed.) dents; to the Committee on Health, Edu- ant Attorney General, Office of Legislative f cation, Labor, and Pensions. Affairs, Department of Justice, transmit- By Mr. BLUNT (for himself, Ms. ting, pursuant to law, an annual report on INTRODUCTION OF BILLS AND STABENOW, and Mrs. MCCASKILL): the Department’s activities during calendar JOINT RESOLUTIONS S. 920. A bill to create clean energy jobs years 2008 and 2009 relative to prison rape and set efficiency standards for small-duct abatement; to the Committee on the Judici- The following bills and joint resolu- high-velocity air conditioning and heat ary. tions were introduced, read the first pump systems, and for other purposes; to the EC–1558. A communication from the Chair, and second times by unanimous con- Committee on Energy and Natural Re- U.S. Sentencing Commission, transmitting, sent, and referred as indicated: sources. pursuant to law, the amendments to the fed- By Mrs. SHAHEEN (for herself and Ms. By Mr. SCHUMER (for himself, Mr. eral sentencing guidelines that were pro- YL IRK AYOTTE): K , and Mr. K ): posed by the Commission during the 2010– S. 921. A bill to allow otherwise eligible S. 910. A bill to amend title 38, United 2011 amendment cycle; to the Committee on Israeli nationals to receive E–2 non- States Code, to ensure that veterans in each the Judiciary. immigrant visas if similarly situated United of the 48 contiguous States are able to re- EC–1559. A communication from the Clerk, States nationals are eligible for similar non- ceive services in at least one full-service De- United States Court of Appeal, transmitting immigrant status in Israel; to the Com- partment of Veterans Affairs medical center an opinion of the United States Court of Ap- mittee on the Judiciary. in the State or receive comparable services peals for the Seventh Circuit; to the Com- By Mrs. GILLIBRAND: mittee on the Judiciary. provided by contract in the State, and for S. 922. A bill to amend the Workforce In- EC–1560. A communication from the Dep- other purposes; to the Committee on Vet- vestment Act of 1998 to authorize the Sec- uty General Counsel, Office of Financial As- erans’ Affairs. retary of Labor to provide grants for Urban sistance, Small Business Administration, By Mr. ROCKEFELLER (for himself Jobs Programs, and for other purposes; to transmitting, pursuant to law, the report of and Mrs. HUTCHISON): the Committee on Health, Education, Labor, a rule entitled ‘‘Intermediary Lending Pilot S. 911. A bill to establish the sense of Con- and Pensions. Program’’ (RIN3245-AG18) received in the Of- gress that Congress should enact, and the By Mr. VITTER (for himself, Ms. President should sign, bipartisan legislation fice of the President of the Senate on May 4, AYOTTE, Mr. KYL, and Mr. INHOFE): 2011; to the Committee on Small Business to strengthen public safety and to enhance S. 923. A bill to withhold United States and Entrepreneurship. wireless communications; to the Committee contributions to the United Nations until EC–1561. A communication from the Asso- on Commerce, Science, and Transportation. the United Nations formally retracts the ciate Administrator, Office of Government By Mr. WICKER: final report of the ‘‘United Nations Fact Contracting and Business Development, S. 912. A bill to prevent foreign states that Finding Mission on the Gaza Conflict’’; to Small Business Administration, transmit- do business, issue securities, or borrow the Committee on Foreign Relations. ting, pursuant to law, an annual 408 Report money in the United States, and fail to sat- By Mr. BEGICH: on the 8(a) Business Development Program; isfy United States court judgments totaling S. 924. A bill to amend the Internal Rev- to the Committee on Small Business and En- $100,000,000 or more based on such activities, enue Code of 1986 to provide commuter flexi- trepreneurship. from inflicting further economic injuries in ble spending arrangements, and for other EC–1562. A communication from the Acting the United States, from undermining the in- purposes; to the Committee on Finance. Assistant Attorney General, Office of Legis- tegrity of United States courts, and from By Mrs. BOXER: lative Affairs, Department of Justice, trans- discouraging responsible lending to poor and S. 925. A bill to designate Mt. Andrea Law- mitting, pursuant to law, a report entitled developing nations by undermining the sec- rence; to the Committee on Energy and Nat- ‘‘Uniformed Services Employment and Re- ondary and primary markets for sovereign ural Resources. employment Rights Act of 1994 (USERRA) debt; to the Committee on Banking, Hous- By Mr. MENENDEZ (for himself, Mr. Quarterly Report to Congress; Second Quar- ing, and Urban Affairs. LAUTENBERG, Ms. MIKULSKI, and Mr. ter of Fiscal Year 2011’’; to the Committee on By Mr. ROCKEFELLER: CARDIN): Veterans’ Affairs. S. 913. A bill to require the Federal Trade S. 926. A bill to amend the Outer Conti- EC–1563. A communication from the Direc- Commission to prescribe regulations regard- nental Shelf Lands Act to permanently pro- tor of the Regulations Policy and Manage- ing the collection and use of personal infor- hibit the conduct of offshore drilling on the

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2778 CONGRESSIONAL RECORD — SENATE May 9, 2011 outer Continental Shelf in the Mid-Atlantic (Mr. BROWN) was added as a cosponsor (Mr. PRYOR) was added as a cosponsor and North Atlantic planning areas; to the of S. 465, a bill to prevent mail, tele- of S. 542, a bill to amend title 10, Committee on Energy and Natural Re- marketing, and Internet fraud tar- United States Code, to authorize space- sources. geting seniors in the United States, to available travel on military aircraft f promote efforts to increase public for members of the reserve compo- SUBMISSION OF CONCURRENT AND awareness of the enormous impact that nents, a member or former member of SENATE RESOLUTIONS mail, telemarketing, and Internet a reserve component who is eligible for fraud have on seniors, to educate the retired pay but for age, widows and The following concurrent resolutions public, seniors, and their families, and widowers of retired members, and de- and Senate resolutions were read, and their caregivers about how to identify pendents. referred (or acted upon), as indicated: and combat fraudulent activity, and S. 576 By Ms. KLOBUCHAR (for herself and for other purposes. At the request of Mr. HARKIN, the Mr. THUNE): S. 481 S. Res. 173. A resolution designating the names of the Senator from Alaska (Mr. week of May 1 through May 7 , 2011, as ‘‘Na- At the request of Mr. HARKIN, the BEGICH), the Senator from Ohio (Mr. tional Physical Education and Sport Week’’; name of the Senator from Wisconsin BROWN), the Senator from New Jersey to the Committee on the Judiciary. (Mr. KOHL) was added as a cosponsor of (Mr. LAUTENBERG) and the Senator By Mr. LIEBERMAN (for himself and S. 481, a bill to enhance and further re- from New York (Mrs. GILLIBRAND) were Ms. COLLINS): search into the prevention and treat- added as cosponsors of S. 576, a bill to S. Res. 174. A resolution expressing the ment of eating disorders, to improve amend the Elementary and Secondary sense of the Senate that effective sharing of access to treatment of eating disorders, Education Act of 1965 to improve passenger information from inbound inter- national flight manifests is a crucial compo- and for other purposes. standards for physical education. nent of our national security and that the S. 486 S. 625 Department of Homeland Security must At the request of Mr. WHITEHOUSE, At the request of Ms. KLOBUCHAR, the maintain the information sharing standards the name of the Senator from Florida names of the Senator from Vermont required under the 2007 Passenger Name (Mr. NELSON) was added as a cosponsor (Mr. LEAHY) and the Senator from Record Agreement between the United of S. 486, a bill to amend the Vermont (Mr. SANDERS) were added as States and the European Union; to the Com- Servicemembers Civil Relief Act to en- cosponsors of S. 625, a bill to amend mittee on Homeland Security and Govern- hance protections for members of the title 23, United States Code, to incor- mental Affairs. uniformed services relating to mort- porate regional transportation plan- f gages, mortgage foreclosure, and evic- ning organizations into statewide ADDITIONAL COSPONSORS tion, and for other purposes. transportation planning, and for other S 489 S. 146 . purposes. At the request of Mr. BAUCUS, the At the request of Mr. REED, the name S. 634 name of the Senator from Arkansas of the Senator from Michigan (Mr. At the request of Mr. SCHUMER, the EVIN (Mr. BOOZMAN) was added as a cospon- L ) was added as a cosponsor of S. name of the Senator from Massachu- sor of S. 146, a bill to amend the Inter- 489, a bill to require certain mortga- setts (Mr. BROWN) was added as a co- nal Revenue Code of 1986 to extend the gees to evaluate loans for modifica- sponsor of S. 634, a bill to ensure that work opportunity credit to certain re- tions, to establish a grant program for the courts of the United States may cently discharged veterans. State and local government mediation provide an impartial forum for claims programs, and for other purposes. brought by United States citizens and S. 296 S. 496 others against any railroad organized At the request of Ms. KLOBUCHAR, the At the request of Mr. MCCAIN, the as a separate legal entity, arising from name of the Senator from New York name of the Senator from New Hamp- the deportation of United States citi- (Mr. SCHUMER) was added as a cospon- shire (Ms. AYOTTE) was added as a co- zens and others to Nazi concentration sor of S. 296, a bill to amend the Fed- sponsor of S. 496, a bill to amend the camps on trains owned or operated by eral Food, Drug, and Cosmetic Act to Food, Conservation, and Energy Act to such railroad, and by the heirs and sur- provide the Food and Drug Administra- repeal a duplicative program relating vivors of such persons. tion with improved capacity to prevent to inspection and grading of catfish. S. 641 drug shortages. S. 501 At the request of Mr. DURBIN, the S. 390 At the request of Mr. THUNE, the name of the Senator from Delaware At the request of Mr. WEBB, the name name of the Senator from South Da- (Mr. COONS) was added as a cosponsor of the Senator from Nebraska (Mr. kota (Mr. JOHNSON) was added as a co- of S. 641, a bill to provide 100,000,000 NELSON) was added as a cosponsor of S. sponsor of S. 501, a bill to establish people with first-time access to safe 390, a bill to ensure that the right of an pilot projects under the Medicare pro- drinking water and sanitation on a sus- individual to display the Service Flag gram to provide incentives for home tainable basis within six years by im- on residential property not be health agencies to utilize home moni- proving the capacity of the United abridged. toring and communications tech- States Government to fully implement S. 394 nologies. the Senator Paul Simon Water for the At the request of Mr. KOHL, the S. 506 Poor Act of 2005. names of the Senator from Ohio (Mr. At the request of Mr. CASEY, the S. 668 BROWN) and the Senator from West Vir- name of the Senator from Colorado At the request of Mr. CORNYN, the ginia (Mr. MANCHIN) were added as co- (Mr. UDALL) was added as a cosponsor names of the Senator from Arkansas sponsors of S. 394, a bill to amend the of S. 506, a bill to amend the Elemen- (Mr. BOOZMAN) and the Senator from Sherman Act to make oil-producing tary and Secondary Education Act of North Dakota (Mr. HOEVEN) were added and exporting cartels illegal. 1965 to address and take action to pre- as cosponsors of S. 668, a bill to remove S. 426 vent bullying and harassment of stu- unelected, unaccountable bureaucrats At the request of Mr. SANDERS, the dents. from seniors’ personal health decisions name of the Senator from Washington S. 534 by repealing the Independent Payment (Mrs. MURRAY) was added as a cospon- At the request of Mr. KERRY, the Advisory Board. sor of S. 426, a bill to strengthen stu- name of the Senator from Alaska (Mr. S. 720 dent achievement and graduation rates BEGICH) was added as a cosponsor of S. At the request of Mr. THUNE, the and prepare young people for college, 534, a bill to amend the Internal Rev- name of the Senator from South Da- careers, and citizenship through inno- enue Code of 1986 to provide a reduced kota (Mr. JOHNSON) was withdrawn as a vative partnerships that meet the com- rate of excise tax on beer produced do- cosponsor of S. 720, a bill to repeal the prehensive needs of children and youth. mestically by certain small producers. CLASS program. S. 465 S. 542 S. 730 At the request of Mrs. GILLIBRAND, At the request of Mr. BEGICH, the At the request of Ms. MURKOWSKI, the the name of the Senator from Ohio name of the Senator from Arkansas names of the Senator from Hawaii (Mr.

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2779 AKAKA) and the Senator from Hawaii elective abortions by applying the S. 910. A bill to amend title 38, (Mr. INOUYE) were added as cosponsors longstanding policy of the Hyde United States Code, to ensure that vet- of S. 730, a bill to provide for the settle- amendment to the new health care law. erans in each of the 48 contiguous ment of certain claims under the Alas- S. 878 States are able to receive services in at ka Native Claims Settlement Act, and At the request of Mr. NELSON of Ne- least one full-service Department of for other purposes. braska, the name of the Senator from Veterans Affairs medical center in the S. 738 Nebraska (Mr. JOHANNS) was added as a State or receive comparable services At the request of Ms. STABENOW, the cosponsor of S. 878, a bill to amend sec- provided by contract in the State, and name of the Senator from New Jersey tion 520 of the Housing Act of 1949 to for other purposes; to the Committee (Mr. MENENDEZ) was added as a cospon- revise the requirements for areas to be on Veterans’ Affairs. sor of S. 738, a bill to amend title XVIII considered as rural areas for purposes Mrs. SHAHEEN. Mr. President, today of the Social Security Act to provide of such Act. I am introducing the Veterans Health for Medicare coverage of comprehen- S. 883 Equity Act of 2011. This bill would re- sive Alzheimer’s disease and related de- At the request of Mr. LIEBERMAN, the quire the Department of Veterans Af- mentia diagnosis and services in order name of the Senator from Louisiana fairs to ensure that every State has ei- to improve care and outcomes for (Ms. LANDRIEU) was added as a cospon- ther a full-service veterans hospital or, Americans living with Alzheimer’s dis- sor of S. 883, a bill to authorize Na- in the alternative, that veterans in ease and related dementias by improv- tional Mall Liberty Fund D.C. to estab- every State have access to comparable ing detection, diagnosis, and care plan- lish a memorial on Federal land in the in-state hospital care and medical serv- ning. District of Columbia to honor free per- ices. I am pleased that my colleague from New Hampshire, Senator AYOTTE, S. 740 sons and slaves who fought for inde- has agreed to be an original cosponsor At the request of Mr. REED, the name pendence, liberty, and justice for all of the Senator from North Dakota (Mr. during the American Revolution. of this measure. New Hampshire is currently the only CONRAD) was added as a cosponsor of S. S. 896 State that does not have either a full- 740, a bill to revise and extend provi- At the request of Mr. BINGAMAN, the service veterans medical center or a sions under the Garrett Lee Smith Me- name of the Senator from California military hospital providing comparable morial Act. (Mrs. BOXER) was added as a cosponsor services to veterans. While the staff of of S. 896, a bill to amend the Public S. 781 the Manchester VA Medical Center Land Corps Act of 1993 to expand the At the request of Mr. THUNE, the does an excellent job of caring for our authorization of the Secretaries of Ag- name of the Senator from Arkansas State’s veterans, this facility does not riculture, Commerce, and the Interior (Mr. BOOZMAN) was added as a cospon- provide inpatient surgical care, emer- to provide service opportunities for sor of S. 781, a bill to amend the Clean gency services or care in a number of young Americans; help restore the na- Air Act to conform the definition of re- critical specialties. This imposes a tion’s natural, cultural, historic, ar- newable biomass to the definition great burden on many New Hampshire chaeological, recreational and scenic given the term in the Farm Security veterans who are forced to travel out of resources; train a new generation of and Rural Investment Act of 2002. state for a range of medical services. public land managers and enthusiasts; S. 807 New Hampshire has over 130,000 vet- and promote the value of public serv- At the request of Mr. ENZI, the names erans and this number continues to of the Senator from North Carolina ice. grow as our troops return from major S. RES. 80 (Mr. BURR) and the Senator from North deployments in the Middle East. It is Carolina (Mrs. HAGAN) were added as At the request of Mr. KIRK, the name unconscionable that our veterans must cosponsors of S. 807, a bill to authorize of the Senator from Alaska (Mr. board shuttles to larger VA facilities in the Department of Labor’s voluntary BEGICH) was added as a cosponsor of S. Massachusetts or Vermont to get the protection program and to expand the Res. 80, a resolution condemning the medical care they have been promised program to include more small busi- Government of Iran for its state-spon- in exchange for their service. Often, es- nesses. sored persecution of its Baha’i minor- pecially during the winter months, ity and its continued violation of the S. 838 travel is difficult in New England, and International Covenants on Human At the request of Mr. TESTER, the our veterans should not be forced to Rights. name of the Senator from Alaska (Ms. drive long distances in order to receive S. RES. 150 MURKOWSKI) was added as a cosponsor the medical care they have earned and of S. 838, a bill to amend the Toxic Sub- At the request of Mr. INHOFE, the deserve. stances Control Act to clarify the ju- name of the Senator from Indiana (Mr. Our goal is to ensure that New Hamp- risdiction of the Environmental Pro- COATS) was added as a cosponsor of S. shire veterans get the care they need tection Agency with respect to certain Res. 150, a resolution calling for the as close to home as possible. This legis- sporting good articles, and to exempt protection of religious minority rights lation provides the Department of Vet- those articles from a definition under and freedoms in the Arab world. erans Affairs with the flexibility to that Act. S. RES. 172 achieve this end in the most cost-effec- At the request of Mrs. FEINSTEIN, the tive manner. If it is not feasible for the S. 853 names of the Senator from New Jersey VA to construct a new full-service hos- At the request of Mrs. HAGAN, the (Mr. LAUTENBERG), the Senator from pital in New Hampshire or to provide name of the Senator from Washington Oklahoma (Mr. INHOFE), the Senator the full panoply of hospital services at (Mrs. MURRAY) was added as a cospon- from Georgia (Mr. ISAKSON) and the its existing medical center in Man- sor of S. 853, a bill to provide for finan- Senator from Massachusetts (Mr. chester, the legislation simply requires cial literacy education. BROWN) were added as cosponsors of S. the VA to contract with other health S. 868 Res. 172, a resolution recognizing the providers to offer comparable in-state At the request of Mr. HATCH, the importance of cancer research and the care. name of the Senator from Oklahoma contributions made by scientists and I introduced similar legislation in (Mr. INHOFE) was added as a cosponsor clinicians across the United States who the 111th Congress with our former col- of S. 868, a bill to restore the long- are dedicated to finding a cure for can- league, Senator Judd Gregg. Since that standing partnership between the cer, and designating May 2011, as ‘‘Na- time, the VA has established an effec- States and the Federal Government in tional Cancer Research Month’’. tive contractual relationship with one managing the Medicaid program. f hospital in New Hampshire, Concord S. 877 Hospital, to expand in-state care for At the request of Mr. HATCH, the STATEMENTS ON INTRODUCED our veterans. I believe this type of name of the Senator from Texas (Mr. BILLS AND JOINT RESOLUTIONS partnership could be readily expanded. CORNYN) was added as a cosponsor of S. By Mrs. SHAHEEN (for herself I have begun working with officials at 877, a bill to prevent taxpayer-funded and Ms. AYOTTE): the Department of Veterans Affairs to

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2780 CONGRESSIONAL RECORD — SENATE May 9, 2011 find innovative ways to enhance pub- ‘‘1706A. Management of health care: access that is commensurate with their coura- lic-private health care partnerships in to full-service Department med- geous service. We must honor our com- New Hampshire and look forward to ical centers in certain States or mitments to America’s brave veterans. furthering that dialogue. comparable services through The Veteran’s Health Equity Act will contract.’’. Our veterans deserve access to first- help ensure every veteran in the United rate medical care, regardless of where (c) REPORT ON IMPLEMENTATION.—Not later States can access quality medical care than one year after the date of the enact- they live. There are full-service vet- ment of this Act, the Secretary of Veterans without having to travel to another erans hospitals in 47 States and vet- Affairs shall submit to Congress a report de- State. erans in Alaska and Hawaii are able to scribing the extent to which the Secretary receive care at military hospitals. New has complied with the requirement imposed By Mr. ROCKEFELLER: Hampshire alone has neither. I am by section 1706A of title 38, United States S. 913. A bill to require the Federal hopeful that my colleagues will recog- Code, as added by subsection (a), including Trade Commission to prescribe regula- nize this inequity and support this ef- the effect of such requirement on improving tions regarding the collection and use fort to provide New Hampshire vet- the quality and standards of care provided to of personal information obtained by veterans. erans with the same access to quality tracking the online activity of an indi- local health care that veterans in every Ms. AYOTTE. Mr. President, I rise vidual, and for other purposes; to the other State enjoy. today to highlight the Veteran’s Committee on Commerce, Science, and I look forward to working with the Health Equity Act, a bill I am intro- Transportation. entire New Hampshire congressional ducing with my colleague from the Mr. ROCKFELLER. Mr. President, I delegation, with my Senate colleagues Granite State, Senator JEANNE rise to introduce the Do-Not-Track On- and with the Obama administration to SHAHEEN. I am pleased to support this line Act of 2011; and I ask for unani- end this injustice. bipartisan legislation that addresses an mous consent that the bill be printed Mr. President, I ask unanimous con- issue of importance to our Nation’s he- for the record. This bill is a first step sent that the text of the bill be printed roic military veterans, especially in towards furthering consumer privacy my home State of New Hampshire. in the RECORD. by empowering Americans with the There being no objection, the text of As a military spouse, I personally un- ability to control their personal infor- the bill was ordered to be printed in derstand the commitment and sacrifice mation and prevent online companies required of our service members and the RECORD, as follows: from collecting and using that infor- their families, and I am fully com- mation, if they so choose. S. 910 mitted to ensuring that our heroes Do-Not-Track is a simple concept. It Be it enacted by the Senate and House of Rep- have access to the support and care allows consumers, with a simple click resentatives of the United States of America in Congress assembled, they have earned. The bill we are intro- of the mouse or the press of the button, ducing would level the playing field for to tell the entire online world, ‘‘Do not SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Veterans veterans by requiring the Department collect information about me. I care Health Equity Act of 2011’’. of Veterans Affairs to guarantee that about my privacy. And I do not want SEC. 2. AVAILABILITY OF FULL-SERVICE DEPART- veterans in every State have access to my information used in ways I do not MENT OF VETERANS AFFAIRS MED- hospital care within their borders. As expect or approve of.’’ Under my bill, ICAL CENTERS IN CERTAIN STATES it stands now, New Hampshire is the online companies would have to honor OR PROVISION OF COMPARABLE only state in the nation without a full- that user declaration, and cease the in- SERVICES THROUGH CONTRACT WITH OTHER HEALTH CARE PRO- service VA hospital or military hos- formation collection and use practices VIDERS IN THE STATE. pital providing equivalent care to vet- to which consumers have said, ‘‘no.’’ (a) IN GENERAL.—Chapter 17 of title 38, erans. Specifically, the Veteran’s My bill would direct the Federal Trade United States Code, is amended by inserting Health Equity Act would require the Commission to issue regulations that after section 1706 the following new section: VA to either provide a full-service VA establish standards for a do- not-track ‘‘§ 1706A. Management of health care: access hospital in every State or contract mechanism and obligate online compa- to full-service Department medical centers with civilian hospitals to provide vet- nies to accommodate that consumer in certain States or comparable services erans with a comparable level of care. preference. through contract While some States, like Alaska and This bill is necessary because Ameri- ‘‘(a) REQUIREMENT.—With respect to each Hawaii, rely on large military medical cans’ privacy is increasingly under sur- of the 48 contiguous States, the Secretary facilities to compensate for gaps in VA veillance as they conduct their affairs shall ensure that veterans in the State eligi- ble for hospital care and medical services medical care, New Hampshire lacks the online. Whether it is a mother at home under section 1710 of this title have access— military medical facilities to com- on a computer researching the symp- ‘‘(1) to at least one full-service Department pensate for a lack of a full-service VA toms of her sick child, a man exploring medical center in the State; or hospital. Yet, New Hampshire has one how to change jobs or buy a home, or a ‘‘(2) to hospital care and medical services of the highest rates of veterans per teenager using her smartphone while comparable to the services typically pro- capita in the country. New Hampshire riding the subway, online companies vided by full-service Department medical veterans must travel out of State to are collecting vast amounts of infor- centers through contract with other health Maine, Massachusetts, or Vermont to mation about all of this activity, often care providers in the State. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in access certain kinds of specialty care. surreptitiously and with consumers subsection (a) shall be construed to limit the Elderly veterans are often bused by completely unaware. There are a vast ability of the Secretary to provide enhanced volunteers during the treacherous win- array of companies collecting this in- care to an eligible veteran who resides in one ter months to an out of state service formation in numerous ways: third- State in a Department medical center in an- provider only to have their appoint- party advertising networks place other State. ment canceled. Simply put, the lack of ‘‘cookies’’ on computer web-browsers ‘‘(c) LIMITATION ON REQUIREMENT.—Sub- a full-service VA hospital in New to keep track of the websites con- section (a) shall be effective in any fiscal Hampshire is unacceptable and our vet- sumers have visited; analytic and mar- year only to the extent and in the amount provided in advance in appropriations Acts. erans deserve better. keting companies identify individual ‘‘(d) FULL-SERVICE DEPARTMENT MEDICAL As a member of the Armed Services computers by recognizing the unique CENTER DEFINED.—In this section, the term Committee, I will continue to press for configuration, or ‘‘fingerprint,’’ of web- ‘full-service Department medical center’ a full-service VA hospital in New browsers; and software applications in- means a facility of the Department that pro- Hampshire and explore all legislative stalled on mobile devices, colloquially vides medical services, including hospital remedies to ensure that our New known as ‘‘apps’’, that collect, use, and care, emergency medical services, and sur- Hampshire veterans receive the care disseminate information about con- gical care rated by the Secretary as having a they deserve. My 95 year old grand- sumer location, contact information, surgical complexity level of standard.’’. (b) CLERICAL AMENDMENT.—The table of father, John Sullivan, a World War II and other personal matters. All of this sections at the beginning of such chapter is veteran, and veterans like him who information is being stored on com- amended by inserting after the item relating have selflessly served our country, puter servers around the world and is to section 1706 the following new item: have earned high-quality medical care used for a variety of purposes, ranging

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2781 from online behavioral advertising to popular web browser, Firefox, and Ap- sumer privacy in Congress. It is simple, internal analytics to the creation of ple’s web browser, Safari, already allow yet powerful. It allows consumers, if personal dossiers by data brokers who consumers to affirmatively declare a they choose—and I should emphasize build comprehensive profiles on indi- do-not-track preference to websites. that many will not make such a vidual Americans. The problem is that online companies choice—to stop the constant, almost My bill will empower consumers, if have no legal obligation to honor this mind-boggling sweep of online compa- they so choose, to stem the tide. It request. My bill fixes that. nies that are collecting vast amounts gives them the means to prohibit the Let me say a few words about what of consumer information. It prohibits collection of their information from this bill does not do. My bill would not those lurking in the cyber-shadows the start. Consumers will be able to no- ‘‘break the Internet.’’ I am sure that from surreptitiously profiting off of the tify companies who are collecting their we will hear such hyperbole in opposi- personal, private information of ordi- personal information that they want tion to the bill. The truth is that my nary Americans. I look forward to those collection practices to stop. If bill makes all of the necessary accom- working with my colleagues on this online companies fail to obey this re- modations for online companies to use and other privacy legislative efforts in quest, they will face stiff penalties information as is necessary to allow the Commerce Committee and on the from the Federal Trade Commission or companies to provide the content and Senate floor. state Attorneys General. services consumers have grown to ex- There being no objection, the text of The strength of this bill is its sim- pect and enjoy. For instance, websites the bill was ordered to be printed in plicity. Congress has long grappled will still be able to use IP addresses to the RECORD, as follows: with consumer privacy through the deliver content, and will be allowed to S. 913 lens of ‘‘notice and consent.’’ That is, collect data to perform internal ana- Be it enacted by the Senate and House of for over a decade in the Senate Com- lytics and improve performance. Appli- Representatives of the United States of America merce Committee, which I chair, we cations will still be able to use a in Congress assembled, have tried to determine how online phone’s Unique Device Identifier—also SECTION 1. SHORT TITLE. companies can provide clear and con- known as UDID—to perform their func- This Act may be cited as the ‘‘Do-Not- spicuous notice to consumers about tions as they are supposed to. However, Track Online Act of 2011’’. their commercial information prac- when consumers state that they do not SEC. 2. REGULATIONS RELATING TO ‘‘DO-NOT- tices; and once this notice has been want to be tracked, online services will TRACK’’ MECHANISMS. given, further determine how con- no longer be allowed to collect and use (a) IN GENERAL.—Not later than 1 year sumers can either opt-in or opt-out of this information for any extraneous after the date of the enactment of this Act, those information collection practices. purpose, and they will be obligated to the Federal Trade Commission shall promul- The endeavor has proven complicated gate— immediately destroy or anonymize the (1) regulations that establish standards for and often unworkable: privacy policies information once it is no longer needed the implementation of a mechanism by are often long and tedious, replete with to provide the service requested. Fur- which an individual can simply and easily in- technical legalese. These notices don’t thermore, my bill allows online compa- dicate whether the individual prefers to have work well on a full screen computer, nies to collect and maintain consumer personal information collected by providers much less on a small hand-held mobile information when it has been volun- of online services, including by providers of device, and consumers often ignore tarily provided by the consumer. Con- mobile applications and services; and them. Further, consumer consent has sumers also can allow companies they (2) rules that prohibit, except as provided been dependent on the type of informa- in subsection (b), such providers from col- trust to collect and use their informa- lecting personal information on individuals tion that is being collected and who is tion by providing specific consent that who have expressed, via a mechanism that doing the collection. For instance, overrides a general do-not-track pref- meets the standards promulgated under should a third-party advertising net- erence. paragraph (1), a preference not to have such work be subject to the same restric- As such, my bill empowers consumers information collected. tions as the Washington Post website to stop online companies from col- (b) EXCEPTION.—The rules promulgated that hosts the ad network? Should lecting and using their information, under paragraph (2) of subsection (a) shall Apple be allowed to collect information but also preserves the ability of those allow for the collection and use of personal about a person’s iPhone, but an appli- online companies to conduct their busi- information on an individual described in such paragraph, notwithstanding the ex- cation be prohibited? Should compa- ness and deliver the content and serv- pressed preference of the individual via a nies differentiate between particularly ices that consumers expect. The bill mechanism that meets the standards pro- sensitive information—such as health provides the FTC with rulemaking au- mulgated under paragraph (1) of such sub- or political activities—and more innoc- thority to use its expertise to protect section, to the extent— uous information such as which sports the privacy interests of consumers (1) necessary to provide a service requested teams someone may like? while addressing the legitimate needs by the individual, including with respect to My Do-Not-Track bill avoids all of of industry. such service, basic functionality and effec- these messy policy considerations and To be clear, my bill is not a com- tiveness, so long as such information is provides consumers with the oppor- prehensive consumer privacy bill, nor anonymized or deleted upon the provision of such service; or tunity to take advantage of an easy is it meant to be. Do-not-track is just (2) the individual— mechanism that says ‘‘no’’ to anyone one aspect to consumer privacy albeit (A) receives clear, conspicuous, and accu- and everyone collecting their informa- an important one. Other Members of rate notice on the collection and use of such tion. Period. the Commerce Committee are actively information; and I think it is worth noting that the engaged in protecting consumer pri- (B) affirmatively consents to such collec- FTC has recognized the utility of do- vacy interests. I want to commend tion and use. not-track in its December 2010 report Senator KERRY, who is a senior Mem- (c) FACTORS.—In promulgating standards on consumer privacy. The report ber of the Commerce Committee, and and rules under subsection (a), the Federal states: ‘‘Such a mechanism would en- Trade Commission shall consider and take Senator MCCAIN for their efforts and into account the following: sure that consumers would not have to for introducing legislation designed to (1) The appropriate scope of such standards exercise choices on a company-by-com- establish a broad privacy framework. I and rules, including the conduct to which pany or industry-by-industry basis, and also commend Senator PRYOR’s dedica- such rules shall apply and the persons re- that such choices would be persistent. tion to privacy protection and the vig- quired to comply with such rules. It should also address some of the con- orous oversight of his Subcommittee. I (2) The technical feasibility and costs of— cerns with the existing browser mecha- expect consumer privacy to remain a (A) implementing mechanisms that would nisms, by being more clear, easy-to-lo- focus of the Congress and the Members meet such standards; and cate, and effective, and by conveying (B) complying with such rules. of the Commerce Committee with more (3) Mechanisms that— directly to websites the user’s choice legislation being introduced in the (A) have been developed or used before the to opt out of tracking.’’ Indeed, the pri- coming weeks and months. date of the enactment of this Act; and vate sector has similarly recognized In the end, my Do-Not-Track bill is a (B) are for individuals to indicate simply the utility of do-not-track. Mozilla’s part of the ongoing discussion on con- and easily whether the individuals prefer to

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2782 CONGRESSIONAL RECORD — SENATE May 9, 2011 have personal information collected by pro- of the residents of the State in an appro- sion for the violation with respect to which viders of online services, including by pro- priate district court of the United States— the Commission instituted such action. viders of mobile applications and services. (A) to enjoin further violation of such rule (6) VENUE; SERVICE OF PROCESS.— (4) How mechanisms that meet such stand- by such person; (A) VENUE.—Any action brought under ards should be publicized and offered to indi- (B) to compel compliance with such rule; paragraph (1) may be brought in— viduals. (C) to obtain damages, restitution, or other (i) the district court of the United States (5) Whether and how information can be compensation on behalf of such residents; that meets applicable requirements relating collected and used on an anonymous basis so (D) to obtain such other relief as the court to venue under section 1391 of title 28, United that the information— considers appropriate; or States Code; or (A) cannot be reasonably linked or identi- (E) to obtain civil penalties in the amount (ii) another court of competent jurisdic- fied with a person or device, both on its own determined under paragraph (2). tion. and in combination with other information; (2) CIVIL PENALTIES.— (B) SERVICE OF PROCESS.—In an action and (A) CALCULATION.—Subject to subpara- brought under paragraph (1), process may be (B) does not qualify as personal informa- graph (B), for purposes of imposing a civil served in any district in which the defend- tion subject to the rules promulgated under penalty under paragraph (1)(E) with respect ant— subsection (a)(2). to a person that violates a rule promulgated (i) is an inhabitant; or (6) The standards under which personal in- under section 2(a)(2), the amount determined (ii) may be found. formation may be collected and used, subject under this paragraph is the amount cal- (7) ACTIONS BY OTHER STATE OFFICIALS.— to the anonymization or deletion require- culated by multiplying the number of days (A) IN GENERAL.—In addition to civil ac- ments of subsection (b)(1)— that the person is not in compliance with the tions brought by attorneys general under (A) to fulfill the basic functionality and ef- rule by an amount not greater than $16,000. paragraph (1), any other officer of a State fectiveness of an online service, including a (B) MAXIMUM TOTAL LIABILITY.—The total who is authorized by the State to do so may mobile application or service; amount of civil penalties that may be im- bring a civil action under paragraph (1), sub- (B) to provide the content or services re- posed with respect to a person that violates ject to the same requirements and limita- quested by individuals who have otherwise a rule promulgated under section 2(a)(2) tions that apply under this subsection to expressed, via a mechanism that meets the shall not exceed $15,000,000 for all civil ac- civil actions brought by attorneys general. standards promulgated under subsection tions brought against such person under (B) SAVINGS PROVISION.—Nothing in this (a)(1), a preference not to have personal in- paragraph (1) for such violation. subsection may be construed to prohibit an formation collected; and (C) ADJUSTMENT FOR INFLATION.—Beginning authorized official of a State from initiating (C) for such other purposes as the Commis- on the date on which the Bureau of Labor or continuing any proceeding in a court of sion determines substantially facilitates the Statistics first publishes the Consumer Price the State for a violation of any civil or functionality and effectiveness of the online Index after the date that is 1 year after the criminal law of the State. service, or mobile application or service, in a date of the enactment of this Act, and annu- SEC. 4. BIENNIAL REVIEW AND ASSESSMENT. manner that does not undermine an individ- ally thereafter, the amounts specified in sub- Not later than 2 years after the effective ual’s preference, expressed via such mecha- paragraphs (A) and (B) shall be increased by date of the regulations initially promulgated nism, not to collect such information. the percentage increase in the Consumer under section 2, the Federal Trade Commis- (d) RULEMAKING.—The Federal Trade Com- Price Index published on that date from the mission shall promulgate the standards and Consumer Price Index published the previous sion shall— rules required by subsection (a) in accord- year. (1) review the implementation of this Act; ance with section 553 of title 5, United States (3) RIGHTS OF FEDERAL TRADE COMMISSION.— (2) assess the effectiveness of such regula- Code. (A) NOTICE TO FEDERAL TRADE COMMIS- tions, including how such regulations define SEC. 3. ENFORCEMENT OF ‘‘DO-NOT-TRACK’’ SION.— or interpret the term ‘‘personal informa- MECHANISMS. (i) IN GENERAL.—Except as provided in tion’’ as such term is used in section 2; (a) ENFORCEMENT BY FEDERAL TRADE COM- clause (iii), the attorney general of a State (3) assess the effect of such regulations on MISSION.— shall notify the Federal Trade Commission online commerce; and (1) UNFAIR OR DECEPTIVE ACTS OR PRAC- in writing that the attorney general intends (4) submit to Congress a report on the re- TICES.—A violation of a rule promulgated to bring a civil action under paragraph (1) sults of the review and assessments required under section 2(a)(2) shall be treated as an before initiating the civil action. by this section. unfair and deceptive act or practice in viola- (ii) CONTENTS.—The notification required tion of a regulation under section 18(a)(1)(B) by clause (i) with respect to a civil action By Mr. BEGICH (for himself, Mr. of the Federal Trade Commission Act (15 shall include a copy of the complaint to be GRASSLEY, and Mr. TESTER): U.S.C. 57a(a)(1)(B)) regarding unfair or decep- filed to initiate the civil action. S. 914. A bill to amend title 38, tive acts or practices. (iii) EXCEPTION.—If it is not feasible for the United States Code, to authorize the (2) POWERS OF COMMISSION.— attorney general of a State to provide the waiver of the collection of copayments (A) IN GENERAL.—Except as provided in notification required by clause (i) before ini- for telehealth and telemedicine visits tiating a civil action under paragraph (1), subparagraph (C), the Federal Trade Com- of veterans, and for other purposes; to mission shall enforce this Act in the same the attorney general shall notify the Federal manner, by the same means, and with the Trade Commission immediately upon insti- the Committee on Veterans’ Affairs. same jurisdiction, powers, and duties as tuting the civil action. Mr. BEGICH. Mr. President, today I though all applicable terms and provisions of (B) INTERVENTION BY FEDERAL TRADE COM- rise to introduce legislation to amend the Federal Trade Commission Act (15 U.S.C. MISSION.—The Federal Trade Commission title 38, related to this Nation’s obliga- 41 et seq.) were incorporated into and made may— tion to provide benefits to our vet- a part of this Act. (i) intervene in any civil action brought by erans. Specifically, the bill I introduce (B) PRIVILEGES AND IMMUNITIES.—Except as the attorney general of a State under para- today with my distinguished col- provided in subparagraph (C), any person graph (1); and leagues, Senator GRASSLEY of Iowa and who violates this Act shall be subject to the (ii) upon intervening— penalties and entitled to the privileges and (I) be heard on all matters arising in the Senator TESTER of Montana, will waive immunities provided in the Federal Trade civil action; and collection of copayments for telehealth Commission Act (15 U.S.C. 41 et seq.). (II) file petitions for appeal of a decision in and telemedicine visits for Veterans. (C) NONPROFIT ORGANIZATIONS.—The Fed- the civil action. More than 42,000 veterans are receiv- eral Trade Commission shall enforce this Act (4) INVESTIGATORY POWERS.—Nothing in ing care in their homes, enrolled in the with respect to an organization that is not this subsection may be construed to prevent Veterans Health Administration’s, organized to carry on business for its own the attorney general of a State from exer- VHA, Telemedicine program as one profit or that of its members as if such orga- cising the powers conferred on the attorney form of treatment. In Alaska, as of nization were a person over which the Com- general by the laws of the State to conduct mission has authority pursuant to section investigations, to administer oaths or affir- March 2010, there were 226 veterans re- 5(a)(2) of the Federal Trade Commission Act mations, or to compel the attendance of wit- ceiving this service. Just over a 100 of (15 U.S.C. 45(a)(2)). nesses or the production of documentary or those live in rural Alaska. (b) ENFORCEMENT BY STATES.— other evidence. Home Telehealth programs provide (1) IN GENERAL.—In any case in which the (5) PREEMPTIVE ACTION BY FEDERAL TRADE needed care for the 2–3 percent of vet- attorney general of a State has reason to be- COMMISSION.—If the Federal Trade Commis- erans who account for 30 percent or lieve that an interest of the residents of the sion institutes a civil action or an adminis- more of agency resources. These men State has been or is threatened or adversely trative action with respect to a violation of and women are frequent clinic affected by the engagement of any person a rule promulgated under section 2(a)(2), the subject to a rule promulgated under section attorney general of a State may not, during attendees and often require urgent hos- 2(a)(2) in a practice that violates the rule, the pendency of such action, bring a civil ac- pital admissions. VHA programs have the attorney general of the State may, as tion under paragraph (1) against any defend- demonstrated reduced hospital admis- parens patriae, bring a civil action on behalf ant named in the complaint of the Commis- sions and clinic and emergency room

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2783 visits, and contribute to an improved the Committee on Energy and Natural and enforcement on onshore Federal land quality of life for our veterans. Resources. under the jurisdiction of the Pilot Project of- For no group of veterans is this serv- Mr. BINGAMAN. Mr. President, fices described in section 365(d) of the Energy ice more important than for those who today I am introducing the Oil and Gas Policy Act of 2005 (42 U.S.C. 15924(d)) $20,000,000 for each of fiscal years 2016 live in rural and remote America. Tele- Facilitation Act of 2011. This is a bill through 2020, to remain available until ex- medicine has become an increasingly to facilitate appropriate oil and gas de- pended.’’. integral component in addressing the velopment on Federal land and waters, SEC. 102. FACILITATION OF COPRODUCTION OF needs of veterans residing in rural and and to limit the dependence of the GEOTHERMAL ENERGY ON OIL AND remote areas, and is critical to ensur- United States on foreign sources of en- GAS LEASES. ing they have proper access to health ergy. Section 4(b) of the Geothermal Steam Act care, especially in rural areas. For example, its provisions will in- of 1970 (30 U.S.C. 1003(b)) is amended by add- While the VHA is saving taxpayers crease our understanding of our oil and ing at the end the following: ‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.— money by usingtelemedicine, currently gas resources, coordinate interagency Land under an oil and gas lease issued pursu- all telemedicine visits require veterans activity on permitting for oil and gas ant to the Mineral Leasing Act (30 U.S.C. 181 receiving these treatments to make co- development, and facilitate transpor- et seq.) or the Mineral Leasing Act for Ac- payments. My legislation would imple- tation of Alaskan oil and natural gas. quired Lands (30 U.S.C. 351 et seq.) that is ment a simple fix. It would waive the Its provisions are drawn from a bill subject to an approved application for per- required copayments—sometimes up to reported out of the Committee on En- mit to drill and from which oil and gas pro- $50 per visit—to lessen the burden on ergy and Natural Resources on a bipar- duction is occurring may be available for our veterans, who have sacrificed in tisan basis in the last Congress. I look leasing under subsection (c) by the holder of the oil and gas lease— service to our great nation. I believe forward to working with my colleagues ‘‘(A) on a determination that— that waiving these fees may encourage on both sides of the aisle as we move ‘‘(i) geothermal energy will be produced more veterans to take advantage of forward on these issues in this Con- from a well producing or capable of pro- VHA’s telehealth programs, which can gress. ducing oil and gas; and be a godsend for rural veterans with Mr. President, I ask unanimous con- ‘‘(ii) the public interest will be served by few other viable options. sent that the text of this bill be printed the issuance of such a lease; and For rural veterans in Alaska, who in the RECORD. ‘‘(B) in order to provide for the coproduc- have to travel by small float planes or There being no objection, the text of tion of geothermal energy with oil and gas.’’. boats or even snow machines to get to the bill was ordered to be printed in TITLE II—OUTER CONTINENTAL SHELF the nearest clinic for monitoring of the RECORD, as follows: SEC. 201. COMPREHENSIVE INVENTORY OF their diabetes, high blood pressure, or OUTER CONTINENTAL SHELF RE- S. 916 SOURCES. other chronic conditions, Congress can Be it enacted by the Senate and House of Rep- (a) IN GENERAL.—Section 357 of the Energy go a long way in repaying this Nation’s resentatives of the United States of America in Policy Act of 2005 (42 U.S.C. 15912) is amend- debt to our veterans by passing this Congress assembled, ed— legislation. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (1) in subsection (a)— The VHA plans to expand Home Tele- (a) SHORT TITLE.—This Act may be cited as (A) by striking the first sentence of the health for weight management, sub- the ‘‘Oil and Gas Facilitation Act of 2011’’. matter preceding paragraph (1) and inserting stance abuse, mild traumatic brain in- (b) TABLE OF CONTENTS.—The table of con- the following: ‘‘The Secretary shall conduct jury, dementia, and palliative care, as tents of this Act is as follows: a comprehensive inventory of oil and natural gas (including executing or otherwise facili- well as enabling veterans to use mobile Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. tating seismic studies of resources) and pre- devices to access care. I would hate to TITLE I—OIL AND GAS LEASING pare a summary (the latter prepared with see these vital services go unused by the assistance of, and based on information veterans living in remote villages and Sec. 101. Extension of Oil and Gas Permit provided by, the heads of appropriate Federal communities because of the cost of co- Processing Improvement Fund. agencies) of the information obtained under Sec. 102. Facilitation of coproduction of geo- paragraph (3), for the waters of the United payments. But, this is not primarily thermal energy on oil and gas States Outer Continental Shelf (referred to about saving veterans money. This is leases. about the federal government doing in this section as the ‘OCS’) in the Atlantic TITLE II—OUTER CONTINENTAL SHELF Region, the Eastern Gulf of Mexico, and the what is good for our veterans. The Sec. 201. Comprehensive inventory of outer Alaska Region.’’; monetary benefits for veterans are a Continental Shelf resources. (B) in paragraph (2)— plus. Sec. 202. Alaska OCS permit processing co- (i) by striking ‘‘3-D’’ and inserting ‘‘2-D Basically, this legislation will amend ordination office. and 3-D’’; and title 38 to authorize the waiver of the Sec. 203. Phase-out of mandatory Outer Con- (ii) by adding ‘‘and’’ at the end; and collection of copayments for telehealth tinental Shelf deep water and (C) by striking paragraphs (3) through (5) and telemedicine visits of veterans by deep gas royalty relief for fu- and inserting in the following: giving the Secretary the authority to ture leases. ‘‘(3) use existing inventories and mapping TITLE III—MISCELLANEOUS of marine resources undertaken by the Na- do so. tional Oceanographic and Atmospheric Ad- In closing, I must say it is an honor Sec. 301. Facilitation of Alaska natural gas pipeline. ministration and with the assistance of and for me to serve as a member of the Sen- based on information provided by the De- ate Veterans’ Affairs Committee. I feel Sec. 302. Exemption of trans-Alaska oil pipe- line system from certain re- partment of Defense and other Federal and very privileged to be involved with pol- quirements. State agencies possessing relevant data, and icy formation that helps our veterans. Sec. 303. Permits for natural gas pipeline in use any available data regarding alternative I appreciate my distinguished col- Denali National Park and Pre- energy potential, navigation uses, fisheries, leagues on the committee. serve. aquaculture uses, recreational uses, habitat, conservation, and military uses.’’; and This is a bipartisan bill to address an SEC. 2. DEFINITION OF SECRETARY. (2) by striking subsection (b) and inserting In this Act, the term ‘‘Secretary’’ means issue with no partisan connection. I the following: the Secretary of the Interior. strongly encourage my colleagues to ‘‘(b) IMPLEMENTATION.—The Secretary shall join Senators GRASSLEY, TESTER, and TITLE I—OIL AND GAS LEASING carry out the inventory and analysis under me in cosponsoring this legislation, SEC. 101. EXTENSION OF OIL AND GAS PERMIT subsection (a) in 3 phases, with priority and I urge expeditious consideration of PROCESSING IMPROVEMENT FUND. given to all or part of applicable planning the legislation to address a growing Section 35(c) of the Mineral Leasing Act (30 areas of the outer Continental Shelf— need for our rural veterans. U.S.C. 191(c)) is amended by adding at the ‘‘(1) estimated to have the greatest poten- end the following: tial for energy development in barrel of oil By Mr. BINGAMAN: ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— equivalent; and S. 916. A bill to facilitate appropriate There is authorized to be appropriated from ‘‘(2) outside of any leased area or area the Fund, or to the extent adequate funds in scheduled for leasing prior to calendar year oil and gas development on Federal the Fund are not available from miscella- 2011 under any outer Continental Shelf 5- land and waters, to limit dependence of neous receipts of the Treasury, for the co- year leasing program or amendment to the the United States on foreign sources of ordination and processing of oil and gas use program under section 18 of the Outer Conti- oil and gas, and for other purposes; to authorizations and for oil and gas inspection nental Shelf Lands Act (43 U.S.C. 1344).

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‘‘(c) PLAN.— (c) DESIGNATION OF QUALIFIED STAFF.— (3) in subsection (c)(2), by striking ‘‘(1) IN GENERAL.—Not later than 90 days (1) IN GENERAL.—Not later than 30 days ‘‘$18,000,000,000’’ and inserting after the date of enactment of this para- after the date of the signing of the memo- ‘‘$30,000,000,000’’; graph, the Secretary shall submit to the randum of understanding under subsection (4) in subsection (d)— Committee on Energy and Natural Resources (b), each Federal signatory party shall, if ap- (A) in the first sentence of paragraph (1), of the Senate and the Committee on Natural propriate, assign to the office described in by inserting before the period at the end the Resources of the House of Representatives a subsection (a) an employee who has expertise following: ‘‘, except that an issued loan guar- report that provides a plan for executing or in the regulatory issues administered by the antee instrument shall apply to not less than otherwise facilitating the seismic studies re- office in which the employee is employed re- 80 percent of project costs unless by previous quired under this section, including an esti- lating to leasing and the permitting of oil consent of the borrower’’; and mate of the costs to complete the seismic in- and gas activities on the outer Continental (B) in paragraph (2), by striking ‘‘An eligi- ventory by region and environmental and Shelf. ble’’ and inserting ‘‘A’’; and permitting activities to facilitate expedi- (2) DUTIES.—An employee assigned under (5) in subsection (g)— tious completion. paragraph (1) shall— (A) by striking paragraph (2); ‘‘(2) FIRST PHASE.—Not later than 2 years (A) not later than 90 days after the date of (B) by redesignating paragraphs (3) and (4) after the date of enactment of this para- assignment, report to the office described in as paragraphs (2) and (3), respectively; and graph, the Secretary shall submit to Con- subsection (a); (C) in paragraph (2) (as so redesignated), by gress a report describing the results of the (B) be responsible for all issues relating to inserting before the period at the end the fol- first phase of the inventory and analysis the jurisdiction of the home office or agency lowing: ‘‘under subsection (a)(3), including under subsection (a). of the employee; and direct lending from the Federal Financing ‘‘(3) SUBSEQUENT PHASES.—Not later than 2 (C) participate as part of the applicable Bank of all or a part of the amount to the years after the date on which the report is team of personnel working on proposed oil holder, in lieu of a guarantee’’. submitted under paragraph (2) and 2 years and gas leasing and permitting, including SEC. 302. EXEMPTION OF TRANS-ALASKA OIL thereafter, the Secretary shall submit to planning and environmental analyses. PIPELINE SYSTEM FROM CERTAIN Congress a report describing the results of (d) TRANSFER OF FUNDS.—For the purposes REQUIREMENTS. the second and third phases, respectively, of of coordination and processing of oil and gas The Trans-Alaska Pipeline Authorization the inventory and analysis under subsection use authorizations for the Alaska outer Con- Act (43 U.S.C. 1651 et seq.) is amended by (a). tinental Shelf region, the Secretary may au- adding at the end the following: ‘‘(4) PUBLIC AVAILABILITY.—A report sub- thorize the expenditure or transfer of such ‘‘SEC. 208. EXEMPTION OF TRANS-ALASKA OIL mitted under paragraph (2) or (3) shall be— funds as are necessary to— PIPELINE SYSTEM FROM CERTAIN ‘‘(A) made publicly available; and (1) the Secretary of Commerce; REQUIREMENTS. ‘‘(B) updated not less frequently than once (2) the Chief of Engineers; ‘‘(a) IN GENERAL.—Except as provided in every 5 years.’’. (3) the Administrator of the Environ- subsection (b), no part of the trans-Alaska (b) RELATIONSHIP TO 5-YEAR PROGRAM.— mental Protection Agency; oil pipeline system shall be considered to be The requirement that the Secretary carry (4) any other Federal agency having a role a district, site, building, structure, or object out the inventory required by the amend- in permitting activities; and for purposes of section 106 of the National ment made by subsection (a) shall not be (5) the State of Alaska. Historic Preservation Act (16 U.S.C. 470f), re- considered to require, authorize, or provide a (e) SAVINGS PROVISION.—Nothing in this gardless of whether all or part of the trans- basis or justification for delay by the Sec- section affects— Alaska oil pipeline system may otherwise be retary or any other agency of the issuance of (1) the operation of any Federal or State listed on, or eligible for listing on, the Na- any outer Continental Shelf leasing program law; or tional Register of Historic Places. or amendment to the program under section (2) any delegation of authority made by ‘‘(b) INDIVIDUAL ELEMENTS.— 18 of the Outer Continental Shelf Lands Act the head of a Federal agency for employees ‘‘(1) IN GENERAL.—Subject to subsection (c), (43 U.S.C. 1344), or any lease sale pursuant to that are assigned to the coordination office. the Secretary of the Interior may identify up that section. (f) AUTHORIZATION OF APPROPRIATIONS.— to 3 sections of the trans-Alaska oil pipeline (c) PERMITS.—Nothing in this section or an There is authorized to be appropriated to system that possess national or exceptional amendment made by this section— carry out this section $2,000,000 for each of historic significance, and that should remain (1) precludes the issuance by the Secretary fiscal years 2012 through 2022, to remain after the pipeline is no longer used for the of a permit to conduct geological and geo- available until expended. purpose of oil transportation. physical exploration of the outer Conti- SEC. 203. PHASE-OUT OF MANDATORY OUTER ‘‘(2) HISTORIC SITE.—Any sections identified nental Shelf in accordance with the Outer CONTINENTAL SHELF DEEP WATER under paragraph (1) shall be considered to be Continental Shelf Lands Act (43 U.S.C. 1331 AND DEEP GAS ROYALTY RELIEF a historic site. et seq.) and other applicable law; or FOR FUTURE LEASES. ‘‘(3) VIEWS.—In making the identification (2) otherwise alters the requirements of ap- (a) IN GENERAL.—Sections 344 and 345 of under this subsection, the Secretary shall plicable law with respect to the issuance of the Energy Policy Act of 2005 (42 U.S.C. 15904, consider the views of— such a permit or any other activities under- 15905) are repealed. ‘‘(A) the owners of the pipeline; (b) ADMINISTRATION.—The Secretary shall taken by the Secretary in connection with ‘‘(B) the State Historic Preservation Offi- not be required to provide for royalty relief the inventory. cer; in the lease sale terms beginning with the (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(C) the Advisory Council on Historic Pres- first lease sale held on or after the date of There are authorized to be appropriated to ervation; and enactment of this Act for which a final no- carry out this section, to be available until ‘‘(D) the Federal Coordinator for Alaska tice of sale has not been published. expended without fiscal year limitation— Natural Gas Transportation Projects. (1) $100,000,000 for each of fiscal years 2012 TITLE III—MISCELLANEOUS ‘‘(c) CONSTRUCTION, MAINTENANCE, RES- through 2017; and SEC. 301. FACILITATION OF ALASKA NATURAL TORATION, AND REHABILITATION ACTIVITIES.— (2) $50,000,000 for each of fiscal years 2018 GAS PIPELINE. Subsection (b) does not prohibit the owners through 2022. Section 116 of the Alaska Natural Gas of the trans-Alaska oil pipeline system from SEC. 202. ALASKA OCS PERMIT PROCESSING CO- Pipeline Act (15 U.S.C. 720n) is amended— carrying out construction, maintenance, res- ORDINATION OFFICE. (1) in subsection (a)(3)— toration, or rehabilitation activities on or (a) ESTABLISHMENT.—The Secretary shall (A) in the first sentence, by inserting be- for a section of the system described in sub- establish a regional joint outer Continental fore the period at the end the following: ‘‘, section (b).’’. Shelf lease and permit processing office for except that a holder of a certificate may re- SEC. 303. PERMITS FOR NATURAL GAS PIPELINE the Alaska outer Continental Shelf region. quest the Secretary to extend the period to IN DENALI NATIONAL PARK AND (b) MEMORANDUM OF UNDERSTANDING.— issue Federal guarantee instruments for not PRESERVE. (1) IN GENERAL.—Not later than 90 days more than 180 days following the date of res- (a) DEFINITIONS.—In this section: after the date of enactment of this Act, the olution of any reopening, contest, or other (1) APPURTENANCE.— Secretary shall enter into a memorandum of proceeding relating to the certificate’’; and (A) IN GENERAL.—The term ‘‘appurtenance’’ understanding for the purposes of carrying (B) in the second sentence, by inserting be- includes cathodic protection or test stations, out this section with— fore the period at the end the following: ‘‘, or valves, signage, and buried communication (A) the Secretary of Commerce; connecting to pipeline infrastructure capable and electric cables relating to the operation (B) the Chief of Engineers; of delivering commercially economic quan- of high-pressure natural gas transmission. (C) the Administrator of the Environ- tities of natural gas to the continental (B) EXCLUSIONS.—The term ‘‘appur- mental Protection Agency; and United States’’; tenance’’ does not include compressor sta- (D) any other Federal agency that may (2) in subsection (b)— tions. have a role in permitting activities. (A) by striking paragraph (2); (2) PARK.—The term ‘‘Park’’ means the (2) STATE PARTICIPATION.—The Secretary (B) by redesignating paragraphs (3) and (4) Denali National Park and Preserve in the shall request that the Governor of Alaska be as paragraphs (2) and (3), respectively; and State of Alaska. a signatory to the memorandum of under- (C) in paragraph (2) (as so redesignated), by (b) PERMIT.—The Secretary may issue standing. striking ‘‘and completion guarantees’’; right-of-way permits for—

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2785 (1) a high-pressure natural gas trans- S. 917 spects the multiple values and uses of the mission pipeline (including appurtenances) Be it enacted by the Senate and House of Rep- outer Continental Shelf;’’; in non-wilderness areas within the boundary resentatives of the United States of America in (2) in paragraph (4)(C), by striking the pe- of Denali National Park within, along, or Congress assembled, riod at the end and inserting a semicolon; near the approximately 7-mile segment of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (3) in paragraph (5), by striking ‘‘; and’’ and the George Parks Highway that runs through inserting a semicolon; (a) SHORT TITLE.—This Act may be cited as the Park; and (4) by redesignating paragraph (6) as para- the ‘‘Outer Continental Shelf Reform Act of (2) any distribution and transmission pipe- graph (7); 2011’’. lines and appurtenances that the Secretary (5) by inserting after paragraph (5) the fol- (b) TABLE OF CONTENTS.—The table of con- determines to be necessary to provide nat- lowing: tents for this Act is as follows: ural gas supply to the Park. ‘‘(6) exploration, development, and produc- (c) TERMS AND CONDITIONS.—A permit au- Sec. 1. Short title; table of contents. tion of energy and minerals on the outer thorized under subsection (b)— Sec. 2. Purposes. Continental Shelf should be allowed only (1) may be issued only— Sec. 3. Definitions. when those activities can be accomplished in (A) if the permit is consistent with the Sec. 4. National policy for the outer Conti- a manner that provides reasonable assurance laws (including regulations) generally appli- nental Shelf. of adequate protection against harm to life, cable to utility rights-of-way within units of Sec. 5. Structural reform of outer Conti- health, the environment, property, or other the National Park System; nental Shelf program manage- users of the waters, seabed, or subsoil; and’’; (B) in accordance with section 1106(a) of ment. and the Alaska National Interest Lands Con- Sec. 6. Safety, environmental, and financial (6) in paragraph (7) (as so redesignated)— servation Act (16 U.S.C. 3166(a)); and reform of the Outer Continental (A) by striking ‘‘should be’’ and inserting (C) if, following an appropriate analysis Shelf Lands Act. ‘‘shall be’’; and prepared in compliance with the National Sec. 7. Study on the effect of the moratoria (B) by adding ‘‘best available’’ after Environmental Policy Act of 1969 (42 U.S.C. on new deepwater drilling in ‘‘using’’. 4321 et seq.), the route of the right-of-way is the Gulf of Mexico on employ- ment and small businesses. SEC. 5. STRUCTURAL REFORM OF OUTER CONTI- the route through the Park with the least NENTAL SHELF PROGRAM MANAGE- adverse environmental effects for the Park; Sec. 8. Reform of other law. MENT. Sec. 9. Safer oil and gas production. and (a) IN GENERAL.—The Outer Continental Sec. 10. National Commission on Outer Con- (2) shall be subject to such terms and con- Shelf Lands Act (43 U.S.C. 1331 et seq.) is tinental Shelf Oil Spill Preven- ditions as the Secretary determines to be amended by adding to the end the following: necessary. tion. Sec. 11. Classification of offshore systems. ‘‘SEC. 32. STRUCTURAL REFORM OF OUTER CON- Sec. 12. Savings provisions. TINENTAL SHELF PROGRAM MAN- By Mr. BINGAMAN: AGEMENT. Sec. 13. Budgetary effects. S. 917. A bill to amend the Outer Con- ‘‘(a) LEASING, PERMITTING, AND REGULATION SEC. 2. PURPOSES. tinental Shelf Lands Act to reform the BUREAUS.— The purposes of this Act are— ‘‘(1) ESTABLISHMENT OF BUREAUS.— management of energy and mineral re- (1) to rationalize and reform the respon- sources on the Outer Continental Shelf, ‘‘(A) IN GENERAL.—Subject to the discre- sibilities of the Secretary of the Interior tion granted by Reorganization Plan Number and for other purposes; to the Com- with respect to the management of the outer 3 of 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), mittee on Energy and Natural Re- Continental Shelf in order to improve the the Secretary shall establish in the Depart- sources. management, oversight, accountability, ment of the Interior not more than 2 bureaus Mr. BINGAMAN. Mr. President, safety, and environmental protection of all to carry out the leasing, permitting, and today I am introducing the Outer Con- the resources on the outer Continental Shelf; safety and environmental regulatory func- tinental Shelf Reform Act of 2011. This (2) to provide independent development tions vested in the Secretary by this Act and and enforcement of safety and environ- the Federal Oil and Gas Royalty Manage- is a bill intended to reform the man- mental laws (including regulations) gov- agement of energy resources on the ment Act of 1982 (30 U.S.C. 1701 et seq.) re- erning— lated to the outer Continental Shelf. Outer Continental Shelf, and to create (A) energy development and mineral ex- ‘‘(B) CONFLICTS OF INTEREST.—In estab- a culture of excellence for the industry traction activities on the outer Continental lishing the bureaus under subparagraph (A), and the regulatory agency going for- Shelf; and the Secretary shall ensure, to the maximum ward. (B) related offshore activities; and extent practicable, that any potential orga- Following the tragic Deepwater Hori- (3) to ensure a fair return to the taxpayer nizational conflicts of interest related to from, and independent management of, roy- zon oil rig accident last year, we have leasing, revenue creation, environmental alty and revenue collection and disburse- protection, and safety are eliminated. learned a lot about changes that need ment activities from mineral and energy re- to be made by the industry and the reg- ‘‘(2) DIRECTOR.—Each bureau shall be head- sources. ed by a Director, who shall be appointed by ulatory agency to ensure that acci- SEC. 3. DEFINITIONS. the President, by and with the advice and dents like this never happen again. In In this Act: consent of the Senate. addition, we should do more, and cre- (1) DEPARTMENT.—The term ‘‘Department’’ ‘‘(3) COMPENSATION.—Each Director shall ate a system for the management of means the Department of the Interior. be compensated at the rate provided for level offshore energy development that is a (2) OUTER CONTINENTAL SHELF.—The term V of the Executive Schedule under section model for the world. ‘‘outer Continental Shelf’’ has the meaning 5316 of title 5, United States Code. This bill is intended to put in place given the term in section 2 of the Outer Con- ‘‘(4) QUALIFICATIONS.—Each Director shall tinental Shelf Lands Act (43 U.S.C. 1331). the changes that can achieve these be a person who, by reason of professional (3) SECRETARY.—The term ‘‘Secretary’’ background and demonstrated ability and goals. It is identical to a bill reported means the Secretary of the Interior. experience, is specially qualified to carry out unanimously by the Committee on En- SEC. 4. NATIONAL POLICY FOR THE OUTER CON- the duties of the office. ergy and Natural Resources in the last TINENTAL SHELF. ‘‘(b) ROYALTY AND REVENUE OFFICE.— Congress. In the intervening time since Section 3 of the Outer Continental Shelf ‘‘(1) ESTABLISHMENT OF OFFICE.—Subject to the committee’s action, there have Lands Act (43 U.S.C. 1332) is amended— the discretion granted by Reorganization been developments and new informa- (1) by striking paragraph (3) and inserting Plan Number 3 of 1950 (64 Stat. 1262; 43 U.S.C. tion that may indicate the need to up- the following: 1451 note), the Secretary shall establish in date or change some parts of the bill. ‘‘(3) the outer Continental Shelf is a vital the Department of the Interior an office to national resource reserve held by the Federal carry out the royalty and revenue manage- But, as we begin to work on this issue Government for the public, which should be ment functions vested in the Secretary by again in the committee, I believe that managed in a manner that— this Act and the Federal Oil and Gas Royalty it is sensible to start with last year’s ‘‘(A) recognizes the need of the United Management Act of 1982 (30 U.S.C. 1701 et bill. I look forward to working with my States for domestic sources of energy, food, seq.). colleagues on both sides of the aisle to minerals, and other resources; ‘‘(2) DIRECTOR.—The office established address these important issues. ‘‘(B) minimizes the potential impacts of under paragraph (1) shall be headed by a Di- Mr. President, I ask unanimous con- development of those resources on the ma- rector, who shall be appointed by the Presi- sent that the text of this bill be printed rine and coastal environment and on human dent, by and with the advice and consent of health and safety; and the Senate. in the RECORD. ‘‘(C) acknowledges the long-term economic ‘‘(3) COMPENSATION.—The Director shall be There being no objection, the text of value to the United States of the balanced compensated at the rate provided for level V the bill was ordered to be printed in and orderly management of those resources of the Executive Schedule under section 5316 the RECORD, as follows: that safeguards the environment and re- of title 5, United States Code.

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‘‘(4) QUALIFICATIONS.—The Director shall ‘‘(2) CRITICAL PAY AUTHORITY.— 1451 note), any reference in any law, rule, be a person who, by reason of professional ‘‘(A) IN GENERAL.—Notwithstanding section regulation, directive, or instruction, or cer- background and demonstrated ability and 5377 of title 5, United States Code, and with- tificate or other official document, in force experience, is specially qualified to carry out out regard to the provisions of that title gov- immediately prior to the date of enactment the duties of the office. erning appointments in the competitive of this section— ‘‘(c) OCS SAFETY AND ENVIRONMENTAL AD- service or the Senior Executive Service and ‘‘(1) to the Minerals Management Service VISORY BOARD.— chapters 51 and 53 of that title (relating to that pertains to any of the duties and au- ‘‘(1) ESTABLISHMENT.—The Secretary shall classification and pay rates), the Secretary thorities described in this section shall be establish, under the Federal Advisory Com- may establish, fix the compensation of, and deemed to refer and apply to the appropriate mittee Act (5 U.S.C. App.), an Outer Conti- appoint individuals to critical positions bureaus and offices established under this nental Shelf Safety and Environmental Ad- needed to carry out the functions of any of section; visory Board (referred to in this subsection the organizational units established under ‘‘(2) to the Director of the Minerals Man- as the ‘Board’), to provide the Secretary and this section, if the Secretary certifies that— agement Service that pertains to any of the the Directors of the bureaus established ‘‘(i) the positions— duties and authorities described in this sec- under this section with independent peer-re- ‘‘(I) require expertise of an extremely high tion shall be deemed to refer and apply to viewed scientific and technical advice on level in a scientific or technical field; and the Director of the bureau or office under safe and environmentally compliant energy ‘‘(II) any of the organizational units estab- this section to whom the Secretary has as- and mineral resource exploration, develop- lished in this section would not successfully signed the respective duty or authority; and ment, and production activities. accomplish an important mission without ‘‘(3) to any other position in the Minerals ‘‘(2) MEMBERSHIP.— such an individual; and Management Service that pertains to any of ‘‘(A) SIZE.— ‘‘(ii) exercise of the authority is necessary the duties and authorities described in this ‘‘(i) IN GENERAL.—The Board shall consist to recruit an individual exceptionally well section shall be deemed to refer and apply to of not more than 12 members, chosen to re- qualified for the position. that same or equivalent position in the ap- flect a range of expertise in scientific, engi- ‘‘(B) LIMITATIONS.—The authority granted propriate bureau or office established under neering, management, and other disciplines under subparagraph (A) shall be subject to this section.’’. related to safe and environmentally compli- the following conditions: (b) CONFORMING AMENDMENT.—Section 5316 ant energy and mineral resource exploration, ‘‘(i) The number of critical positions au- of title 5, United States Code, is amended by development, and production activities. thorized by subparagraph (A) may not exceed striking ‘‘Director, Bureau of Mines, Depart- ‘‘(ii) CONSULTATION.—The Secretary shall 40 at any 1 time in either of the bureaus es- ment of the Interior’’ and inserting the fol- consult with the National Academy of tablished under this section. lowing: Sciences and the National Academy of Engi- ‘‘(ii) The term of an appointment under ‘‘Bureau Directors, Department of the In- neering to identify potential candidates for subparagraph (A) may not exceed 4 years. terior (2). membership on the Board. ‘‘(iii) An individual appointed under sub- ‘‘Director, Royalty and Revenue Office, De- ‘‘(B) TERM.—The Secretary shall appoint paragraph (A) may not have been an em- partment of the Interior.’’. Board members to staggered terms of not ployee of the Department of the Interior dur- more than 4 years, and shall not appoint a ing the 2-year period prior to the date of ap- SEC. 6. SAFETY, ENVIRONMENTAL, AND FINAN- member for more than 2 consecutive terms. pointment. CIAL REFORM OF THE OUTER CON- TINENTAL SHELF LANDS ACT. ‘‘(C) CHAIR.—The Secretary shall appoint ‘‘(iv) Total annual compensation for any the Chair for the Board. individual appointed under subparagraph (A) (a) DEFINITIONS.—Section 2 of the Outer ‘‘(3) MEETINGS.—The Board shall— may not exceed the highest total annual Continental Shelf Lands Act (43 U.S.C. 1331) ‘‘(A) meet not less than 3 times per year; compensation payable at the rate deter- is amended by adding at the end the fol- and mined under section 104 of title 3, United lowing: ‘‘(B) at least once per year, shall host a States Code. ‘‘(r) SAFETY CASE.—The term ‘safety case’ public forum to review and assess the overall ‘‘(v) An individual appointed under sub- means a complete set of safety documenta- safety and environmental performance of paragraph (A) may not be considered to be tion that provides a basis for determining outer Continental Shelf energy and mineral an employee for purposes of subchapter II of whether a system is adequately safe for a resource activities. chapter 75 of title 5, United States Code. given application in a given environment.’’. ‘‘(4) REPORTS.—Reports of the Board ‘‘(C) NOTIFICATION.—Each year, the Sec- (b) ADMINISTRATION OF LEASING.—Section shall— retary shall submit to Congress a notifica- 5(a) of the Outer Continental Shelf Lands ‘‘(A) be submitted to Congress; and tion that lists each individual appointed Act (43 U.S.C. 1334(a)) is amended in the sec- ‘‘(B) made available to the public in an under this paragraph. ond sentence— electronically accessible form. ‘‘(3) REEMPLOYMENT OF CIVILIAN RETIR- (1) by striking ‘‘The Secretary may at any ‘‘(5) TRAVEL EXPENSES.—Members of the EES.— time’’ and inserting ‘‘The Secretary shall’’; Board, other than full-time employees of the ‘‘(A) IN GENERAL.—Notwithstanding part and Federal Government, while attending a 553 of title 5, Code of Federal Regulations (2) by inserting after ‘‘provide for’’ the fol- meeting of the Board or while otherwise (relating to reemployment of civilian retir- lowing: ‘‘operational safety, the protection serving at the request of the Secretary or ees to meet exceptional employment needs), of the marine and coastal environment,’’. the Director while serving away from their or successor regulations, the Secretary may (c) MAINTENANCE OF LEASES.—Section 6 of homes or regular places of business, may be approve the reemployment of an individual the Outer Continental Shelf Lands Act (43 allowed travel expenses, including per diem to a particular position without reduction or U.S.C. 1335) is amended by adding at the end in lieu of subsistence, as authorized by sec- termination of annuity if the hiring of the the following: tion 5703 of title 5, United States Code, for individual is necessary to carry out a critical ‘‘(f) REVIEW OF BOND AND SURETY individuals in the Federal Government serv- function of any of the organizational units AMOUNTS.—Not later than May 1, 2011, and ing without pay. established under this section for which suit- every 5 years thereafter, the Secretary ‘‘(d) SPECIAL PERSONNEL AUTHORITIES.— ably qualified candidates do not exist. shall— ‘‘(1) DIRECT HIRING AUTHORITY FOR CRITICAL ‘‘(B) LIMITATIONS.—An annuitant hired ‘‘(1) review the minimum financial respon- PERSONNEL.— with full salary and annuities under the au- sibility requirements for mineral leases ‘‘(A) IN GENERAL.—Notwithstanding sec- thority granted by subparagraph (A)— under subsection (a)(11); and tions 3104, 3304, and 3309 through 3318 of title ‘‘(i) shall not be considered an employee ‘‘(2) adjust for inflation based on the Con- 5, United States Code, the Secretary may, for purposes of subchapter III of chapter 83 sumer Price Index for all Urban Consumers upon a determination that there is a severe and chapter 84 of title 5, United States Code; published by the Bureau of Labor Statistics shortage of candidates or a critical hiring ‘‘(ii) may not elect to have retirement con- of the Department of Labor, and recommend need for particular positions, recruit and di- tributions withheld from the pay of the an- to Congress any further changes to existing rectly appoint highly qualified accountants, nuitant; financial responsibility requirements nec- scientists, engineers, or critical technical ‘‘(iii) may not use any employment under essary to permit lessees to fulfill all obliga- personnel into the competitive service, as of- this paragraph as a basis for a supplemental tions under this Act or the Oil Pollution Act ficers or employees of any of the organiza- or recomputed annuity; and of 1990 (33 U.S.C. 2701 et seq.). tional units established under this section. ‘‘(iv) may not participate in the Thrift ‘‘(g) PERIODIC FISCAL REVIEWS AND RE- ‘‘(B) REQUIREMENTS.—In exercising the au- Savings Plan under subchapter III of chapter PORTS.— thority granted under subparagraph (A), the 84 of title 5, United States Code. ‘‘(1) ROYALTY RATES.— Secretary shall ensure that any action taken ‘‘(C) LIMITATION ON TERM.—The term of em- ‘‘(A) IN GENERAL.—Not later than 1 year by the Secretary— ployment of any individual hired under sub- after the date of enactment of this sub- ‘‘(i) is consistent with the merit principles paragraph (A) may not exceed an initial section and every 4 years thereafter, the Sec- of chapter 23 of title 5, United States Code; term of 2 years, with an additional 2-year ap- retary shall carry out a review of, and pre- and pointment under exceptional circumstances. pare a report that describes— ‘‘(ii) complies with the public notice re- ‘‘(e) CONTINUITY OF AUTHORITY.—Subject to ‘‘(i) the royalty and rental rates included quirements of section 3327 of title 5, United the discretion granted by Reorganization in new offshore oil and gas leases and the ra- States Code. Plan Number 3 of 1950 (64 Stat. 1262; 43 U.S.C. tionale for the rates;

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2787 ‘‘(ii) whether, in the view of the Secretary, ‘‘(B) has failed to meet the obligations of ing that additional time is necessary to com- the royalty and rental rates described in sub- the responsible party under that Act to pro- plete any environmental, safety, or other re- paragraph (A) would yield a fair return to vide compensation for covered removal costs views. the public while promoting the production of and damages.’’. ‘‘(B) EXISTING LEASES.—In the case of a oil and gas resources in a timely manner; (e) EXPLORATION PLANS.—Section 11 of the lease issued under a sale held on or before and Outer Continental Shelf Lands Act (43 U.S.C. March 17, 2010, the Secretary, with the con- ‘‘(iii) whether, based on the review, the 1340) is amended— sent of the holder of the lease, may extend Secretary intends to modify the royalty or (1) in subsection (c)— the deadline applicable to the lease for such rental rates. (A) in the fourth sentence of paragraph (1), additional time as the Secretary determines ‘‘(B) PUBLIC PARTICIPATION.—In carrying by striking ‘‘within thirty days of its sub- is necessary to complete any environmental, out a review and preparing a report under mission’’ and inserting ‘‘by the deadline de- safety, or other reviews.’’; subparagraph (A), the Secretary shall pro- scribed in paragraph (5)’’; (2) by resdesignating subsections (e) vide to the public an opportunity to partici- (B) by striking paragraph (3) and inserting through (h) as subsections (f) through (i), re- pate. the following: spectively; and ‘‘(2) COMPARATIVE REVIEW OF FISCAL SYS- ‘‘(3) MINIMUM REQUIREMENTS.— (3) by striking subsection (d) and inserting TEM.— ‘‘(A) IN GENERAL.—An exploration plan sub- the following: mitted under this subsection shall include, ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(d) DRILLING PERMITS.— in such degree of detail as the Secretary by after the date of enactment of this sub- ‘‘(1) IN GENERAL.—The Secretary shall, by regulation may require— section and every 4 years thereafter, the Sec- regulation, require that any lessee operating ‘‘(i) a complete description and schedule of retary in consultation with the Secretary of under an approved exploration plan obtain a the exploration activities to be undertaken; the Treasury, shall carry out a comprehen- permit— ‘‘(ii) a description of the equipment to be sive review of all components of the Federal ‘‘(A) before the lessee drills a well in ac- used for the exploration activities, includ- offshore oil and gas fiscal system, including cordance with the plan; and ing— requirements for bonus bids, rental rates, ‘‘(B) before the lessee significantly modi- ‘‘(I) a description of the drilling unit; royalties, oil and gas taxes, income taxes fies the well design originally approved by ‘‘(II) a statement of the design and condi- and other significant financial elements, and the Secretary. oil and gas fees. tion of major safety-related pieces of equip- ment; ‘‘(2) ENGINEERING REVIEW REQUIRED.—The ‘‘(B) INCLUSIONS.—The review shall in- ‘‘(III) a description of any new technology Secretary may not grant any drilling permit clude— to be used; and until the date of completion of a full review ‘‘(i) information and analyses comparing ‘‘(IV) a statement demonstrating that the of the well system by not less than 2 agency the offshore bonus bids, rents, royalties, equipment to be used meets the best avail- engineers, including a written determination taxes, and fees of the Federal Government to able technology requirements under section that— the offshore bonus bids, rents, royalties, 21(b); ‘‘(A) critical safety systems (including taxes, and fees of other resource owners (in- ‘‘(iii) a map showing the location of each blowout prevention) will use best available cluding States and foreign countries); and well to be drilled; technology; and ‘‘(ii) an assessment of the overall offshore ‘‘(iv)(I) a scenario for the potential blow- ‘‘(B) blowout prevention systems will in- oil and gas fiscal system in the United out of the well involving the highest ex- clude redundancy and remote triggering ca- States, as compared to foreign countries. pected volume of liquid hydrocarbons; and pability. ‘‘(C) INDEPENDENT ADVISORY COMMITTEE.— ‘‘(II) a complete description of a response ‘‘(3) MODIFICATION REVIEW REQUIRED.—The In carrying out a review under this para- plan to control the blowout and manage the Secretary may not approve any modification graph, the Secretary shall convene and seek accompanying discharge of hydrocarbons, in- of a permit without a determination, after the advice of an independent advisory com- cluding— an additional engineering review, that the mittee comprised of oil and gas and fiscal ex- ‘‘(aa) the technology and timeline for re- modification will not compromise the safety perts from States, Indian tribes, academia, gaining control of the well; and of the well system previously approved. the energy industry, and appropriate non- ‘‘(bb) the strategy, organization, and re- ‘‘(4) OPERATOR SAFETY AND ENVIRONMENTAL governmental organizations. sources to be used to avoid harm to the envi- MANAGEMENT REQUIRED.—The Secretary may ‘‘(D) REPORT.—The Secretary shall prepare ronment and human health from hydro- not grant any drilling permit or modifica- a report that contains— carbons; and tion of the permit until the date of comple- ‘‘(i) the contents and results of the review ‘‘(v) any other information determined to tion and approval of a safety and environ- carried out under this paragraph for the pe- be relevant by the Secretary. mental management plan that— riod covered by the report; and ‘‘(B) DEEPWATER WELLS.— ‘‘(A) is to be used by the operator during ‘‘(ii) any recommendations of the Sec- ‘‘(i) IN GENERAL.—Before conducting explo- all well operations; and retary and the Secretary of the Treasury ration activities in water depths greater ‘‘(B) includes— based on the contents and results of the re- than 500 feet, the holder of a lease shall sub- ‘‘(i) a description of the expertise and expe- view. mit to the Secretary for approval a deep- rience level of crew members who will be ‘‘(E) COMBINED REPORT.—The Secretary water operations plan prepared by the lessee present on the rig; and may combine the reports required by para- in accordance with this subparagraph. ‘‘(ii) designation of at least 2 environ- graphs (1) and (2)(D) into 1 report. ‘‘(ii) TECHNOLOGY REQUIREMENTS.—A deep- mental and safety managers that— ‘‘(3) REPORT DEADLINE.—Not later than 30 water operations plan under this subpara- ‘‘(I) are employees of the operator; days after the date on which the Secretary graph shall be based on the best available ‘‘(II) would be present on the rig at all completes each report under this subsection, technology to ensure safety in carrying out times; and the Secretary shall submit copies of the re- the exploration activity and the blowout re- ‘‘(III) have overall responsibility for the port to— sponse plan. safety and environmental management of ‘‘(A) the Committee on Energy and Natural ‘‘(iii) SYSTEMS ANALYSIS REQUIRED.—The the well system and spill response plan; and Resources of the Senate; Secretary shall not approve a deepwater op- ‘‘(C) not later than May 1, 2012, requires ‘‘(B) the Committee on Finance of the Sen- erations plan under this subparagraph unless that all employees on the rig meet the train- ate; the plan includes a technical systems anal- ing and experience requirements under sec- ‘‘(C) the Committee on Natural Resources ysis of— tion 21(b)(4). of the House of Representatives; and ‘‘(I) the safety of the proposed exploration ‘‘(e) DISAPPROVAL OF EXPLORATION PLAN.— ‘‘(D) the Committee on Ways and Means of activity; ‘‘(1) IN GENERAL.—The Secretary shall dis- the House of Representatives.’’. ‘‘(II) the blowout prevention technology; approve an exploration plan submitted under (d) LEASES, EASEMENTS, AND RIGHTS-OF- and this section if the Secretary determines WAY.—Section 8 of the Outer Continental ‘‘(III) the blowout and spill response that, because of exceptional geological con- Shelf Lands Act (43 U.S.C. 1337) is amended plans.’’; and ditions in the lease areas, exceptional re- by striking subsection (d) and inserting the (C) by adding at the end the following: source values in the marine or coastal envi- following: ‘‘(5) DEADLINE FOR APPROVAL.— ronment, or other exceptional cir- ‘‘(d) DISQUALIFICATION FROM BIDDING.—No ‘‘(A) IN GENERAL.—In the case of a lease cumstances, that— bid for a lease may be submitted by any enti- issued under a sale held after March 17, 2010, ‘‘(A) implementation of the exploration ty that the Secretary finds, after prior pub- the deadline for approval of an exploration plan would probably cause serious harm or lic notice and opportunity for a hearing— plan referred to in the fourth sentence of damage to life (including fish and other ‘‘(1) is not meeting due diligence, safety, or paragraph (1) is— aquatic life), property, mineral deposits, na- environmental requirements on other leases; ‘‘(i) the date that is 90 days after the date tional security or defense, or the marine, or on which the plan or the modifications to coastal or human environments; ‘‘(2)(A) is a responsible party for a vessel or the plan are submitted; or ‘‘(B) the threat of harm or damage would a facility from which oil is discharged, for ‘‘(ii) the date that is not later than an ad- not disappear or decrease to an acceptable purposes of section 1002 of the Oil Pollution ditional 180 days after the deadline described extent within a reasonable period of time; Act of 1990 (33 U.S.C. 2702); and in clause (i), if the Secretary makes a find- and

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2788 CONGRESSIONAL RECORD — SENATE May 9, 2011 ‘‘(C) the advantages of disapproving the ex- (2) by inserting before subsection (b) (as so tions requiring a safety case be submitted ploration plan outweigh the advantages of redesignated) the following: along with each new application for a permit exploration. ‘‘(a) COMPREHENSIVE AND INDEPENDENT to drill on the outer Continental Shelf. ‘‘(2) COMPENSATION.—If an exploration plan STUDIES.— ‘‘(4) EMPLOYEE TRAINING.— is disapproved under this subsection, the pro- ‘‘(1) IN GENERAL.—The Secretary shall de- ‘‘(A) IN GENERAL.—Not later than May 1, visions of subparagraphs (B) and (C) of sec- velop and carry out programs for the collec- 2011, the Secretary shall promulgate regula- tion 25(h)(2) shall apply to the lease and the tion, evaluation, assembly, analysis, and dis- tions setting standards for training for all plan or any modified plan, except that the semination of environmental and other re- workers on offshore facilities (including mo- reference in section 25(h)(2)(C) to a develop- source data that are relevant to carrying out bile offshore drilling units) conducting en- ment and production plan shall be considered the purposes of this Act. ergy and mineral resource exploration, de- ‘‘(2) SCOPE OF RESEARCH.—The programs to be a reference to an exploration plan.’’. velopment, and production operations on the (f) OUTER CONTINENTAL SHELF LEASING under this subsection shall include— outer Continental Shelf. PROGRAM.—Section 18 of the Outer Conti- ‘‘(A) the gathering of baseline data in areas ‘‘(B) REQUIREMENTS.—The training stand- nental Shelf Lands Act (43 U.S.C. 1344) is before energy or mineral resource develop- amended— ment activities occur; ards under this paragraph shall require that (1) in subsection (a)— ‘‘(B) ecosystem research and monitoring employers of workers described in subpara- (A) in the second sentence, by inserting studies to support integrated resource man- graph (A)— after ‘‘national energy needs’’ the following: agement decisions; and ‘‘(i) establish training programs approved ‘‘and the need for the protection of the ma- ‘‘(C) the improvement of scientific under- by the Secretary; and rine and coastal environment and re- standing of the fate, transport, and effects of ‘‘(ii) demonstrate that employees involved sources’’; discharges and spilled materials, including in the offshore operations meet standards (B) in paragraph (1), by striking ‘‘con- deep water hydrocarbon spills, in the marine that demonstrate the aptitude of the em- siders’’ and inserting ‘‘gives equal consider- environment. ployees in critical technical skills. ation to’’; and ‘‘(3) USE OF DATA.—The Secretary shall en- ‘‘(C) EXPERIENCE.—The training standards (C) in paragraph (3), by striking ‘‘, to the sure that information from the studies car- under this section shall require that any off- maximum extent practicable,’’; ried out under this section— shore worker with less than 5 years of ap- (2) in subsection (b)— ‘‘(A) informs the management of energy plied experience in offshore facilities oper- (A) in paragraph (3), by striking ‘‘and’’ at and mineral resources on the outer Conti- ations pass a certification requirement after the end; nental Shelf including any areas under con- receiving the appropriate training. (B) in paragraph (4), by striking the period sideration for oil and gas leasing; and ‘‘(D) MONITORING TRAINING COURSES.—The at the end and inserting ‘‘; and’’; and ‘‘(B) contributes to a broader coordination Secretary shall ensure that Department em- (C) by adding at the end the following: of energy and mineral resource development ployees responsible for inspecting offshore ‘‘(5) provide technical review and oversight activities within the context of best avail- facilities monitor, observe, and report on of the exploration plan and a systems review able science. training courses established under this para- of the safety of the well design and other ‘‘(4) INDEPENDENCE.—The Secretary shall graph, including attending a representative operational decisions; create a program within the appropriate bu- number of the training sessions, as deter- ‘‘(6) conduct regular and thorough safety reau established under section 32 that shall— mined by the Secretary.’’; and reviews and inspections, and; ‘‘(A) be programmatically separate and dis- (3) by adding at the end the following: ‘‘(7) enforce all applicable laws (including tinct from the leasing program; regulations).’’; ‘‘(B) carry out the environmental studies ‘‘(g) TECHNOLOGY RESEARCH AND RISK AS- (3) in the second sentence of subsection under this section; SESSMENT PROGRAM.— (d)(2), by inserting ‘‘, the head of an inter- ‘‘(C) conduct additional environmental ‘‘(1) IN GENERAL.—The Secretary shall ested Federal agency,’’ after ‘‘Attorney Gen- studies relevant to the sound management of carry out a program of research, develop- eral’’; energy and mineral resources on the outer ment, and risk assessment to address tech- (4) in the first sentence of subsection (g), Continental Shelf; nology and development issues associated by inserting before the period at the end the ‘‘(D) provide for external scientific review with outer Continental Shelf energy and following: ‘‘, including existing inventories of studies under this section, including mineral resource activities, with the pri- and mapping of marine resources previously through appropriate arrangements with the mary purpose of informing the role of re- undertaken by the Department of the Inte- National Academy of Sciences; and search, development, and risk assessment re- rior and the National Oceanic and Atmos- ‘‘(E) subject to the restrictions of sub- lating to safety, environmental protection, pheric Administration, information provided sections (g) and (h) of section 18, make avail- and spill response. by the Department of Defense, and other able to the public studies conducted and data ‘‘(2) SPECIFIC AREAS OF FOCUS.—The pro- available data regarding energy or mineral gathered under this section.’’; and gram under this subsection shall include re- resource potential, navigation uses, fish- (3) in the first sentence of subsection (b)(1) search, development, and other activities re- eries, aquaculture uses, recreational uses, (as so redesignated), by inserting ‘‘every 3 lated to— habitat, conservation, and military uses on years’’ after ‘‘shall conduct’’. ‘‘(A) risk assessment, using all available the outer Continental Shelf’’; and (h) SAFETY RESEARCH AND REGULATIONS.— data from safety and compliance records (5) by adding at the end the following: Section 21 of the Outer Continental Shelf both within the United States and inter- ‘‘(i) RESEARCH AND DEVELOPMENT.— Lands Act (43 U.S.C. 1347) is amended— nationally; ‘‘(1) IN GENERAL.—The Secretary shall (1) in the first sentence of subsection (a), ‘‘(B) analysis of industry trends in tech- carry out a program of research and develop- by striking ‘‘Upon the date of enactment of nology, investment, and interest in frontier ment to ensure the continued improvement this section,’’ and inserting ‘‘Not later than areas; of methodologies for characterizing re- May 1, 2011, and every 3 years thereafter,’’; ‘‘(C) analysis of incidents investigated sources of the outer Continental Shelf and (2) by striking subsection (b) and inserting under section 22; conditions that may affect the ability to de- the following: velop and use those resources in a safe, ‘‘(b) BEST AVAILABLE TECHNOLOGIES AND ‘‘(D) reviews of best available technologies, sound, and environmentally responsible PRACTICES.— including technologies associated with pipe- manner. ‘‘(1) IN GENERAL.—In exercising respective lines, blowout preventer mechanisms, cas- ing, well design, and other associated infra- ‘‘(2) INCLUSIONS.—Research and develop- responsibilities under this Act, the Sec- ment activities carried out under paragraph retary, and the Secretary of the Department structure related to offshore energy develop- (1) may include activities to provide accu- in which the Coast Guard is operating, shall ment; rate estimates of energy and mineral re- require, on all new drilling and production ‘‘(E) oil spill response and mitigation; serves and potential on the outer Conti- operations and, to the maximum extent ‘‘(F) risks associated with human factors; nental Shelf and any activities that may as- practicable, on existing operations, the use and sist in filling gaps in environmental data of the best available and safest technologies ‘‘(G) renewable energy operations. needed to develop each leasing program and practices, if the failure of equipment ‘‘(3) INFORMATION SHARING ACTIVITIES.— under this section. would have a significant effect on safety, ‘‘(A) DOMESTIC ACTIVITIES.—The Secretary ‘‘(3) LEASING ACTIVITIES.—Research and de- health, or the environment. shall carry out programs to facilitate the ex- velopment activities carried out under para- ‘‘(2) IDENTIFICATION OF BEST AVAILABLE change and dissemination of scientific and graph (1) shall not be considered to be leas- TECHNOLOGIES.—Not later than May 1, 2011, technical information and best practices re- ing or pre-leasing activities for purposes of and not later than every 3 years thereafter, lated to the management of safety and envi- this Act.’’. the Secretary shall identify and publish an ronmental issues associated with energy and (g) ENVIRONMENTAL STUDIES.—Section 20 of updated list of best available technologies mineral resource exploration, development, the Outer Continental Shelf Lands Act (43 for key areas of well design and operation, and production. U.S.C. 1346) is amended— including blowout prevention and blowout ‘‘(B) INTERNATIONAL COOPERATION.—The (1) by redesignating subsections (a) and oil spill response. Secretary shall carry out programs to co- through (f) as subsections (b) through (g), re- ‘‘(3) SAFETY CASE.—Not later than May 1, operate with international organizations and spectively; 2011, the Secretary shall promulgate regula- foreign governments to share information

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and best practices related to the manage- ‘‘(2) PUBLIC DATABASE.—All data and re- charged with a violation has been given the ment of safety and environmental issues as- ports related to an incident described in opportunity for a hearing. sociated with energy and mineral resource paragraph (1) shall be maintained in a data- ‘‘(4) ADJUSTMENT.—The penalty amount exploration, development, and production. base that is available to the public. specified in this subsection shall increase ‘‘(4) REPORTS.—The program under this ‘‘(i) INSPECTION FEE.— each year to reflect any increases in the Con- subsection shall provide to the Secretary, ‘‘(1) IN GENERAL.—To the extent necessary sumer Price Index for All Urban Consumers each Bureau Director under section 32, and to fund the inspections described in this published by the Bureau of Labor Statistics the public quarterly reports that address— paragraph, the Secretary shall collect a non- of the Department of Labor.’’; ‘‘(A) developments in each of the areas refundable inspection fee, which shall be de- (2) in subsection (c)— under paragraph (2); and posited in the Ocean Energy Enforcement (A) in the first sentence, by striking ‘‘(B)(i) any accidents that have occurred in Fund established under paragraph (3), from ‘‘$100,000’’ and inserting ‘‘$10,000,000’’; and the past quarter; and the designated operator for facilities subject (B) by adding at the end the following: ‘‘(ii) appropriate responses to the acci- to inspection under subsection (c). ‘‘The penalty amount specified in this sub- dents. ‘‘(2) ESTABLISHMENT.—The Secretary shall section shall increase each year to reflect ‘‘(5) INDEPENDENCE.—The Secretary shall establish, by rule, inspection fees— any increases in the Consumer Price Index create a program within the appropriate bu- ‘‘(A) at an aggregate level equal to the for All Urban Consumers published by the reau established under section 32 that shall— amount necessary to offset the annual ex- Bureau of Labor Statistics of the Depart- ‘‘(A) be programmatically separate and dis- penses of inspections of outer Continental ment of Labor.’’; and tinct from the leasing program; Shelf facilities (including mobile offshore (3) in subsection (d), by inserting ‘‘, or with ‘‘(B) carry out the studies, analyses, and drilling units) by the Department of the In- reckless disregard,’’ after ‘‘knowingly and other activities under this subsection; terior; and willfully’’. IL AND GAS DEVELOPMENT AND PRO- ‘‘(C) provide for external scientific review ‘‘(B) using a schedule that reflects the dif- (k) O DUCTION.—Section 25 of the Outer Conti- of studies under this section, including ferences in complexity among the classes of nental Shelf Lands Act (43 U.S.C. 1351) is through appropriate arrangements with the facilities to be inspected. amended by striking ‘‘, other than the Gulf National Academy of Sciences; and ‘‘(3) OCEAN ENERGY ENFORCEMENT FUND.— of Mexico,’’ each place it appears in sub- ‘‘(D) make available to the public studies There is established in the Treasury a fund, conducted and data gathered under this sec- sections (a)(1), (b), and (e)(1). to be known as the ‘Ocean Energy Enforce- (l) CONFLICTS OF INTEREST.—Section 29 of tion. ment Fund’ (referred to in this subsection as ‘‘(6) USE OF DATA.—The Secretary shall en- the Outer Continental Shelf Lands Act (43 the ‘Fund’), into which shall be deposited U.S.C. 1355) is amended to read as follows: sure that the information from the studies amounts collected under paragraph (1) and and research carried out under this section ‘‘SEC. 29. CONFLICTS OF INTEREST. which shall be available as provided under ‘‘(a) RESTRICTIONS ON EMPLOYMENT.—No inform the development of safety practices paragraph (4). and regulations as required by this Act and full-time officer or employee of the Depart- ‘‘(4) AVAILABILITY OF FEES.—Notwith- ment of the Interior who directly or indi- other applicable laws.’’. standing section 3302 of title 31, United NFORCEMENT.—Section 22 of the Outer rectly discharges duties or responsibilities (i) E States Code, all amounts collected by the Continental Shelf Lands Act (43 U.S.C. 1348) under this Act shall— Secretary under this section— is amended— ‘‘(1) within 2 years after his employment ‘‘(A) shall be credited as offsetting collec- (1) in subsection (d)— with the Department has ceased— tions; (A) in paragraph (1)— ‘‘(A) knowingly act as agent or attorney ‘‘(B) shall be available for expenditure only (i) in the first sentence, by inserting ‘‘, for, or otherwise represent, any other person for purposes of carrying out inspections of each loss of well control, blowout, activation (except the United States) in any formal or outer Continental Shelf facilities (including of the blowout preventer, and other accident informal appearance before; mobile offshore drilling units) and the ad- that presented a serious risk to human or en- ‘‘(B) with the intent to influence, make ministration of the inspection program; vironmental safety,’’ after ‘‘fire’’; and any oral or written communication on behalf ‘‘(C) shall be available only to the extent (ii) in the last sentence, by inserting ‘‘as a of any other person (except the United provided for in advance in an appropriations condition of the lease’’ before the period at States) to; or Act; and the end; ‘‘(C) knowingly aid, advise, or assist in— ‘‘(D) shall remain available until expended. (B) in the last sentence of paragraph (2), by ‘‘(i) representing any other person (except ‘‘(5) ANNUAL REPORTS.— the United States in any formal or informal inserting ‘‘as a condition of lease’’ before the ‘‘(A) IN GENERAL.—Not later than 60 days appearance before; or period at the end; after the end of each fiscal year beginning ‘‘(ii) making, with the intent to influence, (2) in subsection (e)— with fiscal year 2011, the Secretary shall sub- any oral or written communication on behalf (A) by striking ‘‘(e) The’’ and inserting the mit to the Committee on Energy and Nat- of any other person (except the United following: ural Resources of the Senate and the Com- States) to, ‘‘(e) REVIEW OF ALLEGED SAFETY VIOLA- mittee on Natural Resources of the House of TIONS.— any department, agency, or court of the Representatives a report on the operation of ‘‘(1) IN GENERAL.—The’’; and United States, or any officer or employee (B) by adding at the end the following: the Fund during the fiscal year. thereof, in connection with any judicial or ‘‘(B) CONTENTS.—Each report shall include, ‘‘(2) INVESTIGATION.—The Secretary shall other proceeding, application, request for a investigate any allegation from any em- for the fiscal year covered by the report, the ruling or other determination, regulation, ployee of the lessee or any subcontractor of following: order lease, permit, rulemaking, inspection, the lessee made under paragraph (1).’’; and ‘‘(i) A statement of the amounts deposited enforcement action, or other particular mat- (3) by adding at the end of the section the into the Fund. ter involving a specific party or parties in following: ‘‘(ii) A description of the expenditures which the United States is a party or has a ‘‘(g) INDEPENDENT INVESTIGATION.— made from the Fund for the fiscal year, in- direct and substantial interest which was ac- ‘‘(1) IN GENERAL.—At the request of the cluding the purpose of the expenditures. tually pending under his official responsi- Secretary, the National Transportation Safe- ‘‘(iii) Recommendations for additional au- bility as an officer or employee within a pe- ty Board may conduct an independent inves- thorities to fulfill the purpose of the Fund. riod of one year prior to the termination of tigation of any accident, occurring in the ‘‘(iv) A statement of the balance remaining such responsibility or in which he partici- outer Continental Shelf and involving activi- in the Fund at the end of the fiscal year.’’. pated personally and substantially as an offi- ties under this Act, that does not otherwise (j) REMEDIES AND PENALTIES.—Section 24 of cer or employee; fall within the definition of an accident or the Outer Continental Shelf Lands Act (43 ‘‘(2) within 1 year after his employment major marine casualty, as those terms are U.S.C. 1350) is amended— with the Department has ceased— used in chapter 11 of title 49, United States (1) by striking subsection (b) and inserting ‘‘(A) knowingly act as agent or attorney Code. the following: for, or otherwise represent, any other person ‘‘(2) TRANSPORTATION ACCIDENT.—For pur- ‘‘(b) CIVIL PENALTY.— (except the United States) in any formal or poses of an investigation under this sub- ‘‘(1) IN GENERAL.—Subject to paragraphs (2) informal appearance before; section, the accident that is the subject of through (3), if any person fails to comply ‘‘(B) with the intent to influence, make the request by the Secretary shall be deter- with this Act, any term of a lease or permit any oral or written communication on behalf mined to be a transportation accident within issued under this Act, or any regulation or of any other person (except the United the meaning of that term in chapter 11 of order issued under this Act, the person shall States) to; or title 49, United States Code. be liable for a civil administrative penalty of ‘‘(C) knowingly aid , advise, or assist in — ‘‘(h) INFORMATION ON CAUSES AND CORREC- not more than $75,000 for each day of con- ‘‘(i) representing any other person (except TIVE ACTIONS.— tinuance of each failure. the United States in any formal or informal ‘‘(1) IN GENERAL.—For each incident inves- ‘‘(2) ADMINISTRATION.—The Secretary may appearance before, or tigated under this section, the Secretary assess, collect, and compromise any penalty ‘‘(ii) making, with the intent to influence, shall promptly make available to all lessees under paragraph (1). any oral or written communication on behalf and the public technical information about ‘‘(3) HEARING.—No penalty shall be assessed of any other person (except the United the causes and corrective actions taken. under this subsection until the person States) to,

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2790 CONGRESSIONAL RECORD — SENATE May 9, 2011 the Department of the Interior, or any offi- zon that occurred on April 20, 2010, and re- (1) in the section heading, by striking cer or employee thereof, in connection with sulting hydrocarbon releases into the envi- ‘‘ULTRA-DEEPWATER AND UNCONVEN- any judicial, rulemaking, regulation, order, ronment, on employment and small busi- TIONAL ONSHORE NATURAL GAS AND lease, permit, regulation, inspection, en- nesses. OTHER PETROLEUM’’ and inserting ‘‘SAFE forcement action, or other particular matter (b) REPORT.—Not later than 60 days after OIL AND GAS PRODUCTION AND ACCI- which is pending before the Department of the date of enactment of this Act and at the DENT PREVENTION’’; the Interior or in which the Department has beginning of each month thereafter during (2) in subsection (a), by striking ‘‘, by in- a direct and substantial interest; or the effective period of the moratoria de- creasing’’ and all that follows through the ‘‘(3) accept employment or compensation, scribed in subsection (a), the Secretary of period at the end and inserting ‘‘and the safe during the 1-year period beginning on the Energy, acting through the Energy Informa- and environmentally responsible explo- date on which employment with the Depart- tion Administration, shall submit to the ration, development, and production of hy- ment has ceased, from any person (other Committee on Energy and Natural Resources drocarbon resources.’’; than the United States) that has a direct and of the Senate and the Committee on Energy (3) in subsection (c)(1)— substantial interest— and Commerce of the House of Representa- (A) by redesignating subparagraphs (D) and ‘‘(A) that was pending under the official re- tives a report regarding the results of the (E) as subparagraphs (E) and (F), respec- sponsibility of the employee as an officer or study conducted under subsection (a), includ- tively; and employee of the Department during the 1- ing— (B) by inserting after subparagraph (C) the year period preceding the termination of the (1) a survey of the effect of the moratoria following: responsibility; or on deepwater drilling on employment in the ‘‘(D) projects will be selected on a competi- ‘‘(B) in which the employee participated industries directly involved in oil and nat- tive, peer-reviewed basis.’’; and personally and substantially as an officer or ural gas exploration in the outer Continental (4) in subsection (d)— employee. Shelf; (A) in paragraph (6), by striking ‘‘ultra- ‘‘(b) PRIOR EMPLOYMENT RELATIONSHIPS.— (2) a survey of the effect of the moratoria deepwater’’ and inserting ‘‘deepwater’’; No full-time officer or employee of the De- on employment in the industries indirectly (B) in paragraph (7)— partment of the Interior who directly or in- involved in oil and natural gas exploration in (i) in subparagraph (A)— directly discharges duties or responsibilities the outer Continental Shelf, including sup- (I) in the subparagraph heading, by strik- under this Act shall participate personally pliers of supplies or services and customers ing ‘‘ULTRA-DEEPWATER’’ and inserting and substantially as a Federal officer or em- of industries directly involved in oil and nat- ‘‘DEEPWATER’’; ployee, through decision, approval, dis- ural gas exploration; (II) by striking ‘‘development and’’ and in- approval, recommendation, the rendering of (3) an estimate of the effect of the mora- serting ‘‘research, development, and’’; and advice, investigation, or otherwise, in a pro- toria on the revenues of small business lo- (III) by striking ‘‘as well as’’ and all that ceeding, application, request for a ruling or cated near the Gulf of Mexico and, to the follows through the period at the end and in- other determination, contract, claim, con- maximum extent practicable, throughout serting ‘‘aimed at improving operational troversy, charge, accusation, inspection, en- the United States; and safety of drilling activities, including well forcement action, or other particular matter (4) any recommendations to mitigate pos- integrity systems, well control, blowout pre- in which, to the knowledge of the officer or sible negative effects on small business con- vention, the use of non-toxic materials, and employee— cerns resulting from the moratoria. integrated systems approach-based manage- ment for exploration and production in deep- ‘‘(1) the officer or employee or the spouse, SEC. 8. REFORM OF OTHER LAW. minor child, or general partner of the officer water.’’; Section 388(b) of the Energy Policy Act of (ii) in subparagraph (B), by striking ‘‘and or employee has a financial interest; 2005 (43 U.S.C. 1337 note; Public Law 109–58) is ‘‘(2) any organization in which the officer environmental mitigation’’ and inserting amended by adding at the end the following: ‘‘use of non-toxic materials, drilling safety, or employee is serving as an officer, director, ‘‘(4) FEDERAL AGENCIES.—Any head of a trustee, general partner, or employee has a and environmental mitigation and accident Federal department or agency shall, on re- prevention’’; financial interest; quest of the Secretary, provide to the Sec- ‘‘(3) any person or organization with whom (iii) in subparagraph (C), by inserting retary all data and information that the Sec- ‘‘safety and accident prevention, well control the officer or employee is negotiating or has retary determines to be necessary for the and systems integrity,’’ after ‘‘including’’; any arrangement concerning prospective em- purpose of including the data and informa- and ployment has a financial interest; or tion in the mapping initiative, except that (iv) by adding at the end the following: ‘‘(4) any person or organization in which no Federal department or agency shall be re- ‘‘(D) SAFETY AND ACCIDENT PREVENTION the officer or employee has, within the pre- quired to provide any data or information TECHNOLOGY RESEARCH AND DEVELOPMENT.— ceding 1-year period, served as an officer, di- that is privileged or proprietary.’’. Awards from allocations under section rector, trustee, general partner, agent, attor- SEC. 9. SAFER OIL AND GAS PRODUCTION. 999H(d)(4) shall be expended on areas includ- ney, consultant, contractor, or employee has (a) PROGRAM AUTHORITY.—Section 999A of ing— a financial interest. the Energy Policy Act of 2005 (42 U.S.C. ‘‘(i) development of improved cementing ‘‘(c) GIFTS FROM OUTSIDE SOURCES.—No 16371) is amended— and casing technologies; full-time officer or employee of the Depart- (1) in subsection (a)— ‘‘(ii) best management practices for ce- ment of the Interior who directly or indi- (A) by striking ‘‘ultra-deepwater’’ and in- menting, casing, and other well control ac- rectly discharges duties or responsibilities serting ‘‘deepwater’’; and tivities and technologies; under this Act shall, directly or indirectly, (B) by inserting ‘‘well control and accident ‘‘(iii) development of integrity and stew- solicit or accept any gift in violation of sub- prevention,’’ after ‘‘safe operations,’’; ardship guidelines for— part B of part 2635 of title V, Code of Federal (2) in subsection (b)— ‘‘(I) well-plugging and abandonment; Regulations (or successor regulations). (A) by striking paragraph (1) and inserting ‘‘(II) development of wellbore sealant tech- ‘‘(d) EXEMPTIONS.—The Secretary may, by rule, exempt from this section clerical and the following: nologies; and support personnel who do not conduct in- ‘‘(1) Deepwater architecture, well control ‘‘(III) improvement and standardization of spections, perform audits, or otherwise exer- and accident prevention, and deepwater tech- blowout prevention devices.’’; and cise regulatory or policy making authority nology, including drilling to deep formations (C) by adding at the end the following: under this Act. in waters greater than 500 feet.’’; and ‘‘(8) STUDY; REPORT.— ‘‘(e) PENALTIES.— (B) by striking paragraph (4) and inserting ‘‘(A) STUDY.—As soon as practicable after ‘‘(1) CRIMINAL PENALTIES.—Any person who the following: the date of enactment of this paragraph, the violates paragraph (1) or (2) of subsection (a) ‘‘(4) Safety technology research and devel- Secretary shall enter into an arrangement or subsection (b) shall be punished in accord- opment for drilling activities aimed at well with the National Academy of Sciences ance with section 216 of title 18, United control and accident prevention performed under which the Academy shall conduct a States Code. by the Office of Fossil Energy of the Depart- study to determine— ‘‘(2) CIVIL PENALTIES.—Any person who vio- ment.’’; and ‘‘(i) whether the benefits provided through lates subsection (a)(3) or (c) shall be pun- (3) in subsection (d)— each award under this subsection during cal- ished in accordance with subsection (b) of (A) in the subsection heading, by striking endar year 2011 have been maximized; and section 216 of title 18, United States Code.’’. ‘‘NATIONAL ENERGY TECHNOLOGY LABORA- ‘‘(ii) the new areas of research that could SEC. 7. STUDY ON THE EFFECT OF THE MORA- TORY’’ and inserting ‘‘OFFICE OF FOSSIL EN- be carried out to meet the overall objectives TORIA ON NEW DEEPWATER DRILL- ERGY OF THE DEPARTMENT’’; and of the program. ING IN THE GULF OF MEXICO ON EM- (B) by striking ‘‘National Energy Tech- ‘‘(B) REPORT.—Not later than January 1, PLOYMENT AND SMALL BUSINESSES. nology Laboratory’’ and inserting ‘‘Office of 2012, the Secretary shall submit to the ap- (a) IN GENERAL.—The Secretary of Energy, Fossil Energy of the Department’’. propriate committees of Congress a report acting through the Energy Information Ad- (b) DEEPWATER AND UNCONVENTIONAL ON- that contains a description of the results of ministration, shall publish a monthly study SHORE NATURAL GAS AND OTHER PETROLEUM the study conducted under subparagraph (A). evaluating the effect of the moratoria result- RESEARCH AND DEVELOPMENT PROGRAM.— ‘‘(C) OPTIONAL UPDATES.—The Secretary ing from the blowout and explosion of the Section 999B of the Energy Policy Act of 2005 may update the report described in subpara- mobile offshore drilling unit Deepwater Hori- (42 U.S.C. 16372) is amended— graph (B) for the 5-year period beginning on

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2791 the date described in that subparagraph and arate research programs carried out under SEC. 10. NATIONAL COMMISSION ON OUTER CON- each 5-year period thereafter.’’; this subtitle. TINENTAL SHELF OIL SPILL PRE- (5) in subsection (e)— ‘‘(d) DUTIES.—The Advisory Committee VENTION. (A) in paragraph (2)— shall— (a) ESTABLISHMENT.—There is established (i) in the second sentence of subparagraph ‘‘(1) advise the Secretary on the develop- in the Legislative branch the National Com- (A), by inserting ‘‘to the Secretary for re- ment and implementation of programs under mission on Outer Continental Shelf Oil Spill view’’ after ‘‘submit’’; and this subtitle; and Prevention (referred to in this section as the ‘‘Commission’’). (ii) in the first sentence of subparagraph ‘‘(2) carry out section 999B(e)(2)(B). ‘‘(e) COMPENSATION.—A member of the Ad- (b) PURPOSES.—The purposes of the Com- (B), by striking ‘‘Ultra-Deepwater’’ and all mission are— that follows through ‘‘and such Advisory visory Committee shall serve without com- pensation but shall be entitled to receive (1) to examine and report on the facts and Committees’’ and inserting ‘‘Program Advi- causes relating to the Deepwater Horizon ex- sory Committee established under section travel expenses in accordance with sub- chapter I of chapter 57 of title 5, United plosion and oil spill of 2010; 999D(a), and the Advisory Committee’’; and (2) to ascertain, evaluate, and report on (B) by adding at the end the following: States Code. ROHIBITION the evidence developed by all relevant gov- ‘‘(6) RESEARCH FINDINGS AND RECOMMENDA- ‘‘(f) P .—The Advisory Com- mittee shall not make recommendations on ernmental agencies regarding the facts and TIONS FOR IMPLEMENTATION.—The Secretary, funding awards to particular consortia or circumstances surrounding the incident; in consultation with the Secretary of the In- (3) to build upon the investigations of terior and the Administrator of the Environ- other entities, or for specific projects.’’. (e) DEFINITIONS.—Section 999G of the En- other entities, and avoid unnecessary dupli- mental Protection Agency, shall publish in ergy Policy Act of 2005 (42 U.S.C. 16377) is cation, by reviewing the findings, conclu- the Federal Register an annual report on the amended— sions, and recommendations of— research findings of the program carried out (1) in paragraph (1), by striking ‘‘200 but (A) the Committees on Energy and Natural under this section and any recommendations less than 1,500 meters’’ and inserting ‘‘500 Resources and Commerce, Science, and for implementation that the Secretary, in feet’’; Transportation of the Senate; consultation with the Secretary of the Inte- (2) by striking paragraphs (8), (9), and (10); (B) the Committee on Natural Resources rior and the Administrator of the Environ- (3) by redesignating paragraphs (2) through and the Subcommittee on Oversight and In- mental Protection Agency, determines to be (7) and (11) as paragraphs (4) through (9) and vestigations of the House of Representatives; necessary.’’; (10), respectively; and (6) in subsection (i)— (4) by inserting after paragraph (1) the fol- (C) other Executive branch, congressional, (A) in the subsection heading, by striking lowing: or independent commission investigations ‘‘UNITED STATES GEOLOGICAL SURVEY’’ and ‘‘(2) DEEPWATER ARCHITECTURE.—The term into the Deepwater Horizon incident of 2010, inserting ‘‘DEPARTMENT OF THE INTERIOR’’; ‘deepwater architecture’ means the integra- other fatal oil platform accidents and major and tion of technologies for the exploration for, spills, and major oil spills generally; (B) by striking ‘‘, through the United or production of, natural gas or other petro- (4) to make a full and complete accounting States Geological Survey,’’; and leum resources located at deepwater depths. of the circumstances surrounding the inci- (7) in the first sentence of subsection (j), by ‘‘(3) DEEPWATER TECHNOLOGY.—The term dent, and the extent of the preparedness of striking ‘‘National Energy Technology Lab- ‘deepwater technology’ means a discrete the United States for, and immediate re- oratory’’ and inserting ‘‘Office of Fossil En- technology that is specially suited to address sponse of the United States to, the incident; ergy of the Department’’. 1 or more challenges associated with the ex- and (c) ADDITIONAL REQUIREMENTS FOR ploration for, or production of, natural gas (5) to investigate and report to the Presi- AWARDS.—Section 999C(b) of the Energy Pol- dent and Congress findings, conclusions, and icy Act of 2005 (42 U.S.C. 16373(b)) is amended or other petroleum resources located at recommendations for corrective measures by striking ‘‘an ultra-deepwater technology deepwater depths.’’; and or an ultra-deepwater architecture’’ and in- (5) in paragraph (10) (as redesignated by that may be taken to prevent similar inci- serting ‘‘a deepwater technology’’. paragraph (3)), by striking ‘‘in an economi- dents. (c) COMPOSITION OF COMMISSION.— (d) PROGRAM ADVISORY COMMITTEE.—Sec- cally inaccessible geological formation, in- tion 999D of the Energy Policy Act of 2005 (42 cluding resources of small producers’’. (1) MEMBERS.—The Commission shall be U.S.C. 16374) is amended to read as follows: (f) FUNDING.—Section 999H of the Energy composed of 10 members, of whom— (A) 1 member shall be appointed by the ‘‘SEC. 999D. PROGRAM ADVISORY COMMITTEE. Policy Act of 2005 (42 U.S.C. 16378) is amend- President, who shall serve as Chairperson of ‘‘(a) ESTABLISHMENT.—Not later than 270 ed— days after the date of enactment of the Safe (1) in the first sentence of subsection (a) by the Commission; and Responsible Energy Production Improve- striking ‘‘Ultra-Deepwater and Unconven- (B) 1 member shall be appointed by the ma- ment Act of 2010, the Secretary shall estab- tional Natural Gas and Other Petroleum Re- jority or minority (as the case may be) lead- lish an advisory committee to be known as search Fund’’ and inserting ‘‘Safe and Re- er of the Senate from the Republican Party the ‘Program Advisory Committee’ (referred sponsible Energy Production Research and the majority or minority (as the case to in this section as the ‘Advisory Com- Fund’’; may be) leader of the House of Representa- mittee’). (2) in subsection (d)— tives from the Republican Party, who shall ‘‘(b) MEMBERSHIP.— (A) in paragraph (1), by striking ‘‘35 per- serve as Vice Chairperson of the Commis- ‘‘(1) IN GENERAL.—The Advisory Committee cent’’ and inserting ‘‘21.5 percent’’; sion; shall be composed of members appointed by (B) in paragraph (2), by striking ‘‘32.5 per- (C) 2 members shall be appointed by the the Secretary, including— cent’’ and inserting ‘‘21 percent’’; senior member of the leadership of the Sen- ‘‘(A) individuals with extensive research (C) in paragraph (4)— ate from the Democratic Party; experience or operational knowledge of hy- (i) by striking ‘‘25 percent’’ and inserting (D) 2 members shall be appointed by the drocarbon exploration and production; ‘‘30 percent’’; senior member of the leadership of the House ‘‘(B) individuals broadly representative of (ii) by striking ‘‘complementary research’’ of Representatives from the Republican the affected interests in hydrocarbon produc- and inserting ‘‘safety technology research Party; tion, including interests in environmental and development’’; and (E) 2 members shall be appointed by the protection and safety operations; (iii) by striking ‘‘contract management,’’ senior member of the leadership of the Sen- ‘‘(C) representatives of Federal agencies, and all that follows through the period at ate from the Republican Party; and including the Environmental Protection the end and inserting ‘‘and contract manage- (F) 2 members shall be appointed by the Agency and the Department of the Interior; ment.’’; and senior member of the leadership of the House ‘‘(D) State regulatory agency representa- (D) by adding at the end the following: of Representatives from the Democratic tives; and ‘‘(5) 20 percent shall be used for research Party. ‘‘(E) other individuals, as determined by activities required under sections 20 and 21 of (2) QUALIFICATIONS; INITIAL MEETING.— the Secretary. the Outer Continental Shelf Lands Act (43 (A) POLITICAL PARTY AFFILIATION.—Not ‘‘(2) LIMITATIONS.— U.S.C. 1346, 1347).’’. more than 5 members of the Commission ‘‘(A) IN GENERAL.—The Advisory Com- (3) in subsection (f), by striking ‘‘Ultra- shall be from the same political party. mittee shall not include individuals who are Deepwater and Unconventional Natural Gas (B) NONGOVERNMENTAL APPOINTEES.—An in- board members, officers, or employees of the and Other Petroleum Research Fund’’ and dividual appointed to the Commission may program consortium. inserting ‘‘Safer Oil and Gas Production and not be a current officer or employee of the ‘‘(B) CATEGORICAL REPRESENTATION.—In ap- Accident Prevention Research Fund’’. Federal Government or any State or local pointing members of the Advisory Com- (g) CONFORMING AMENDMENT.—Subtitle J of government. mittee, the Secretary shall ensure that no title IX of the Energy Policy Act of 2005 (42 (C) OTHER QUALIFICATIONS.—It is the sense class of individuals described in any of sub- U.S.C. 16371 et seq.) is amended in the sub- of Congress that individuals appointed to the paragraphs (A), (B), (D), or (E) of paragraph title heading by striking ‘‘Ultra-Deepwater Commission should be prominent United (1) comprises more than 1⁄3 of the member- and Unconventional Natural Gas and Other States citizens, with national recognition ship of the Advisory Committee. Petroleum Resources’’ and inserting ‘‘Safer and significant depth of experience and ex- ‘‘(c) SUBCOMMITTEES.—The Advisory Com- Oil and Gas Production and Accident Preven- pertise in such areas as— mittee may establish subcommittees for sep- tion’’. (i) engineering;

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2792 CONGRESSIONAL RECORD — SENATE May 9, 2011 (ii) environmental compliance; (i) those committees have not investigated mates, and statistics directly to the Com- (iii) health and safety law (particularly oil that area; mission, upon request made by the Chair- spill legislation); (ii) the investigation of that area by those person, the Chairperson of any subcommittee (iv) oil spill insurance policies; committees has not been completed; or created by a majority of the Commission, or (v) public administration; (iii) new information not reviewed by the any member designated by a majority of the (vi) oil and gas exploration and production; committees has become available with re- Commission. (vii) environmental cleanup; and spect to that area. (C) RECEIPT, HANDLING, STORAGE, AND DIS- (viii) fisheries and wildlife management. (e) POWERS OF COMMISSION.— SEMINATION.—Information shall be received, (D) DEADLINE FOR APPOINTMENT.—All mem- (1) HEARINGS AND EVIDENCE.—The Commis- handled, stored, and disseminated only by bers of the Commission shall be appointed on sion or, on the authority of the Commission, members of the Commission and the staff of or before September 15, 2010. any subcommittee or member of the Com- the Commission in accordance with all appli- (E) INITIAL MEETING.—The Commission mission, may, for the purpose of carrying out cable laws (including regulations and Execu- shall meet and begin the operations of the this section— tive orders). Commission as soon as practicable after the (A) hold such hearings, meet and act at (5) ASSISTANCE FROM FEDERAL AGENCIES.— date of enactment of this Act. such times and places, take such testimony, (A) GENERAL SERVICES ADMINISTRATION.— (3) QUORUM; VACANCIES.— receive such evidence, and administer such The Administrator of General Services shall (A) IN GENERAL.—After the initial meeting oaths; and provide to the Commission on a reimburs- of the Commission, the Commission shall (B) require, by subpoena or otherwise, the able basis administrative support and other meet upon the call of the Chairperson or a attendance and testimony of such witnesses services for the performance of the functions majority of the members of the Commission. and the production of such books, records, of the Commission. (B) QUORUM.—6 members of the Commis- correspondence, memoranda, papers, docu- (B) OTHER DEPARTMENTS AND AGENCIES.—In sion shall constitute a quorum. ments, tapes, and materials; addition to the assistance prescribed in sub- paragraph (A), departments and agencies of (C) VACANCIES.—Any vacancy in the Com- as the Commission or such subcommittee or the United States may provide to the Com- mission shall not affect the powers of the member considers to be advisable. mission such services, funds, facilities, staff, Commission, but shall be filled in the same (2) SUBPOENAS.— manner in which the original appointment and other support services as are determined (A) ISSUANCE.— to be advisable and authorized by law. was made. (i) IN GENERAL.—A subpoena may be issued (6) GIFTS.—The Commission may accept, (d) FUNCTIONS OF COMMISSION.— under this paragraph only— use, and dispose of gifts or donations of serv- (1) IN GENERAL.—The functions of the Com- (I) by the agreement of the Chairperson ices or property, including travel, for the di- mission are— and the Vice Chairperson; or rect advancement of the functions of the (A) to conduct an investigation that— (II) by the affirmative vote of 6 members of Commission. (i) investigates relevant facts and cir- the Commission. (7) POSTAL SERVICES.—The Commission cumstances relating to the Deepwater Hori- (ii) SIGNATURE.—Subject to clause (i), a may use the United States mails in the same zon incident of April 20, 2010, and the associ- subpoena issued under this paragraph— manner and under the same conditions as de- ated oil spill thereafter, including any rel- (I) shall bear the signature of the Chair- partments and agencies of the United States. evant legislation, Executive order, regula- person or any member designated by a ma- (f) PUBLIC MEETINGS AND HEARINGS.— tion, plan, policy, practice, or procedure; and jority of the Commission; (1) PUBLIC MEETINGS AND RELEASE OF PUBLIC (ii) may include relevant facts and cir- (II) and may be served by any person or VERSIONS OF REPORTS.—The Commission cumstances relating to— class of persons designated by the Chair- shall— (I) permitting agencies; person or by a member designated by a ma- (A) hold public hearings and meetings, to (II) environmental and worker safety law jority of the Commission for that purpose. the extent appropriate; and enforcement agencies; (B) ENFORCEMENT.— (B) release public versions of the reports (III) national energy requirements; (i) IN GENERAL.—In the case of contumacy required under paragraphs (1) and (2) of sub- (IV) deepwater and ultradeepwater oil and or failure to obey a subpoena issued under section (j). gas exploration and development; subparagraph (A), the United States district (2) PUBLIC HEARINGS.—Any public hearings (V) regulatory specifications, testing, and court for the district in which the subpoe- of the Commission shall be conducted in a requirements for offshore oil and gas well ex- naed person resides, is served, or may be manner consistent with the protection of plosion prevention; found, or where the subpoena is returnable, proprietary or sensitive information pro- (VI) regulatory specifications, testing, and may issue an order requiring the person to vided to or developed for or by the Commis- requirements offshore oil and gas well casing appear at any designated place to testify or sion as required by any applicable law (in- and cementing regulation; to produce documentary or other evidence. cluding a regulation or Executive order). (VII) the role of congressional oversight (ii) JUDICIAL ACTION FOR NONCOMPLIANCE.— (g) STAFF OF COMMISSION.— and resource allocation; and Any failure to obey the order of the court (1) IN GENERAL.— (VIII) other areas of the public and private may be punished by the court as a contempt (A) APPOINTMENT AND COMPENSATION.— sectors determined to be relevant to the of that court. (i) IN GENERAL.—The Chairperson, in con- Deepwater Horizon incident by the Commis- (iii) ADDITIONAL ENFORCEMENT.—In the case sultation with the Vice Chairperson and in sion; of any failure of any witness to comply with accordance with rules agreed upon by the (B) to identify, review, and evaluate the any subpoena or to testify when summoned Commission, may, without regard to the lessons learned from the Deepwater Horizon under authority of this subsection, the Com- civil service laws (including regulations), ap- incident of April 20, 2010, regarding the mission may, by majority vote, certify a point and fix the compensation of a staff di- structure, coordination, management poli- statement of fact constituting such failure rector and such other personnel as are nec- cies, and procedures of the Federal Govern- to the appropriate United States attorney, essary to enable the Commission to carry ment, and, if appropriate, State and local who may bring the matter before the grand out the functions of the Commission. governments and nongovernmental entities, jury for action, under the same statutory au- (ii) MAXIMUM RATE OF PAY.—No rate of pay and the private sector, relative to detecting, thority and procedures as if the United fixed under this subparagraph may exceed preventing, and responding to those inci- States attorney had received a certification the equivalent of that payable for a position dents; and under sections 102 through 104 of the Revised at level V of the Executive Schedule under (C) to submit to the President and Con- Statutes (2 U.S.C. 192 through 194). section 5316 of title 5, United States Code. gress such reports as are required under this (3) CONTRACTING.—The Commission may, to (B) PERSONNEL AS FEDERAL EMPLOYEES.— section containing such findings, conclu- such extent and in such amounts as are pro- (i) IN GENERAL.—The staff director and any sions, and recommendations as the Commis- vided in appropriation Acts, enter into con- personnel of the Commission who are em- sion determines to be appropriate, including tracts to enable the Commission to discharge ployees shall be considered to be employees proposals for organization, coordination, the duties of the Commission under this sec- under section 2105 of title 5, United States planning, management arrangements, proce- tion. Code, for purposes of chapters 63, 81, 83, 84, dures, rules, and regulations. (4) INFORMATION FROM FEDERAL AGENCIES.— 85, 87, 89, and 90 of that title. (2) RELATIONSHIP TO INQUIRY BY CONGRES- (A) IN GENERAL.—The Commission may se- (ii) MEMBERS OF COMMISSION.—Clause (i) SIONAL COMMITTEES.—In investigating facts cure directly from any Executive depart- shall not apply to members of the Commis- and circumstances relating to energy policy, ment, bureau, agency, board, commission, of- sion. the Commission shall— fice, independent establishment, or instru- (2) DETAILEES.— (A) first review the information compiled mentality of the Federal Government, infor- (A) IN GENERAL.—An employee of the Fed- by, and any findings, conclusions, and rec- mation, suggestions, estimates, and statis- eral Government may be detailed to the ommendations of, the committees identified tics for the purposes of this section. Commission without reimbursement. in subparagraphs (A) and (B) of subsection (B) COOPERATION.—Each Federal depart- (B) CIVIL SERVICE STATUS.—The detail of (b)(3); and ment, bureau, agency, board, commission, of- the employee shall be without interruption (B) after completion of that review, pursue fice, independent establishment, or instru- or loss of civil service status or privilege. any appropriate area of inquiry, if the Com- mentality shall, to the extent authorized by (3) PROCUREMENT OF TEMPORARY AND INTER- mission determines that— law, furnish information, suggestions, esti- MITTENT SERVICES.—The Chairperson of the

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2793 Commission may procure temporary and national significance to have occurred, at certifications, authorizations, appointments, intermittent services in accordance with sec- which time— delegations, results and findings of inves- tion 3109(b) of title 5, United States Code, at (i) the Commission shall reconvene in ac- tigations, or any other actions issued, made, rates for individuals that do not exceed the cordance with subsection (c)(3); and or taken by, or pursuant to or under, the au- daily equivalent of the annual rate of basic (ii) the authority of the Commission under thority of any law (including regulations) pay prescribed for level V of the Executive this section shall be of full force and effect. that resulted in the assignment of functions Schedule under section 5316 of that title. (k) FUNDING.— or activities to the Secretary, the Director (h) COMPENSATION AND TRAVEL EXPENSES.— (1) AUTHORIZATION OF APPROPRIATIONS.— of the Minerals Management Service (includ- (1) COMPENSATION OF MEMBERS.— There are authorized to be appropriated to ing by delegation from the Secretary), or the (A) NON-FEDERAL EMPLOYEES.—A member carry out this section— Department (as related to the implementa- of the Commission who is not an officer or (A) $10,000,000 for the first fiscal year in tion of the purposes referenced in this Act) employee of the Federal Government shall which the Commission convenes; and that were in effect on the date of enactment be compensated at a rate equal to the daily (B) $3,000,000 for each fiscal year thereafter of this Act shall continue in full force and ef- equivalent of the annual rate of basic pay in which the Commission convenes. fect after the date of enactment of this Act prescribed for level IV of the Executive (2) AVAILABILITY.—Amounts made avail- unless previously scheduled to expire or Schedule under section 5315 of title 5, United able to carry out this section shall be avail- until otherwise modified or rescinded by this States Code, for each day (including travel able— Act or any other Act. time) during which the member is engaged in (A) for transfer to the Commission for use (b) EFFECT ON OTHER AUTHORITIES.—This the performance of the duties of the Com- in carrying out the functions and activities Act does not amend or alter the provisions of mission. of the Commission under this section; and other applicable laws, unless otherwise (B) FEDERAL EMPLOYEES.—A member of the (B) until the date on which the Commis- noted. Commission who is an officer or employee of sion adjourns for the fiscal year under sub- SEC. 13. BUDGETARY EFFECTS. the Federal Government shall serve without section (j)(3). The budgetary effects of this Act, for the compensation in addition to the compensa- (l) NONAPPLICABILITY OF FEDERAL ADVISORY purpose of complying with the Statutory tion received for the services of the member COMMITTEE ACT.—The Federal Advisory Pay-As-You-Go Act of 2010, shall be deter- as an officer or employee of the Federal Gov- Committee Act (5 U.S.C. App.) shall not mined by reference to the latest statement ernment. apply to the Commission. titled ‘‘Budgetary Effects of PAYGO Legisla- (2) TRAVEL EXPENSES.—A member of the SEC. 11. CLASSIFICATION OF OFFSHORE SYS- tion’’ for this Act, submitted for printing in Commission shall be allowed travel expenses, TEMS. the Congressional Record by the Chairman of including per diem in lieu of subsistence, at (a) REGULATIONS.— the Senate Budget Committee, provided that rates authorized for an employee of an agen- (1) IN GENERAL.—Not later than 2 years such statement has been submitted prior to cy under subchapter I of chapter 57 of title 5, after the date of enactment of this Act, the the vote on passage. United States Code, while away from the Secretary and the Secretary of the Depart- home or regular place of business of the ment in which the Coast Guard is operating By Mr. HARKIN (for himself and shall jointly issue regulations requiring sys- member in the performance of the duties of Mrs. GILLIBRAND): tems (including existing systems) used in the the Commission. S. 919. A bill to authorize grant pro- (i) SECURITY CLEARANCES FOR COMMISSION offshore exploration, development, and pro- grams to ensure successful, safe, and MEMBERS AND STAFF.— duction of oil and gas in the outer Conti- (1) IN GENERAL.—Subject to paragraph (2), nental Shelf to be constructed, maintained, healthy students; to the Committee on the appropriate Federal agencies or depart- and operated so as to meet classification, Health, Education, Labor, and Pen- ments shall cooperate with the Commission certification, rating, and inspection stand- sions. in expeditiously providing to the members ards that are necessary— Mr. HARKIN. Mr. President, one of and staff of the Commission appropriate se- (A) to protect the health and safety of af- our greatest national priorities is en- curity clearances, to the maximum extent filiated workers; and suring that all students in all schools (B) to prevent environmental degradation. practicable, pursuant to existing procedures are in settings that are safe; class- and requirements. (2) THIRD-PARTY VERIFICATION.—The stand- rooms that support learning; situations (2) PROPRIETARY INFORMATION.—No person ards established by regulation under para- shall be provided with access to proprietary graph (1) shall be verified through certifi- that ensure our children will be suc- information under this section without the cation and classification by independent cessful. appropriate security clearances. third parties that— To be a successful student, to be a (j) REPORTS OF COMMISSION; ADJOURN- (A) have been preapproved by both the Sec- contributing citizen to our democracy, MENT.— retary and the Secretary of the Department to be prepared for college and the (1) INTERIM REPORTS.—The Commission in which the Coast Guard is operating; and workforce of tomorrow, our students may submit to the President and Congress (B) have no financial conflict of interest in conducting the duties of the third parties. need to be of sound mind, of sound interim reports containing such findings, body, and have access to resources that conclusions, and recommendations for cor- (3) MINIMUM SYSTEMS COVERED.—At a min- rective measures as have been agreed to by a imum, the regulations issued under para- will support their success. majority of members of the Commission. graph (1) shall require the certification and Students who travel to school safely; (2) FINAL REPORT.—Not later than 180 days classification by an independent third party who attend classes in structurally after the date of the enactment of this Act, who meets the requirements of paragraph (2) sound buildings where the adults model the Commission shall submit to the Presi- of— positive teamwork and collaboration dent and Congress a final report containing (A) mobile offshore drilling units; skills; where good nutrition is avail- such findings, conclusions, and recommenda- (B) fixed and floating drilling or produc- tion facilities; able and where opportunities for phys- tions for corrective measures as have been ical activity are available and ex- agreed to by a majority of members of the (C) drilling systems, including risers and Commission. blowout preventers; and pected; where they have a safe, sup- (3) TEMPORARY ADJOURNMENT.— (D) any other equipment dedicated to the portive social environment, students (A) IN GENERAL.—The Commission, and all safety systems relating to offshore extrac- who have all of these conditions in the authority provided under this section, tion and production of oil and gas. their schools will be prepared to shall adjourn and be suspended, respectively, (4) EXCEPTIONS.—The Secretary and the achieve high academic standards. on the date that is 60 days after the date on Secretary of the Department in which the In a country where almost one in which the final report is submitted under Coast Guard is operating may waive the standards established by regulation under every five children is obese, where paragraph (2). thousands of students are bullied and (B) ADMINISTRATIVE ACTIVITIES BEFORE TER- paragraph (1) for an existing system only if— MINATION.—The Commission may use the 60- (A) the system is of an age or type where harassed daily, and where access to day period referred to in subparagraph (A) meeting such requirements is impractical; high-quality mental and physical for the purpose of concluding activities of and health care is limited, students must the Commission, including— (B) the system poses an acceptably low have these basic conditions for learn- (i) providing testimony to committees of level of risk to the environment and to ing in order to be successful. Congress concerning reports of the Commis- human safety. While the Department of Justice re- sion; and (b) AUTHORITY OF COAST GUARD.—Nothing in this section preempts or interferes with ports that the rate of serious incidents (ii) disseminating the final report sub- of school violence continue to decline, mitted under paragraph (2). the authority of the Coast Guard. (C) RECONVENING OF COMMISSION.—The SEC. 12. SAVINGS PROVISIONS. according to the National Center for Commission shall stand adjourned until such (a) EXISTING LAW.—All regulations, rules, Education Statistics, bullying remains time as the President or the Secretary of standards, determinations, contracts and a pervasive problem that affects al- Homeland Security declares an oil spill of agreements, memoranda of understanding, most one in four students each year. As

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2794 CONGRESSIONAL RECORD — SENATE May 9, 2011 we have seen in recent times, some- with student success. Some of these (B) ensure physical and emotional safety times bullying results in the worst pos- areas include school climate, physical for students and staff; sible tragedy, the death of a child. activity of students, and physical and (C) promote social, emotional, and char- Fifteen-year-old Phoebe Prince, a emotional safety. In fact, a March 2011 acter development; and freshman at South Hadley High School report from the RAND Corporation in- (D) have the following attributes: in Massachusetts, endured nearly three (i) Provide opportunities for physical ac- dicated that many States are now es- tivity, good nutrition, and healthy living. months of routine torment by class- tablishing accountability systems that (ii) Are free of harassment (which includes mates. On January 14, 2010, Phoebe include school safety, school climate, bullying), abuse, dating violence, and all hanged herself in the stairwell of her family involvement, and student en- other forms of interpersonal aggression or family’s home, following weeks of gagement. violence. taunting by classmates. The day before This legislation will provide to each (iii) Prevent use and abuse of drugs (in- she died, she told a friend: ‘‘School has State the support necessary to measure cluding tobacco, alcohol, illegal drugs, and been close to intolerable lately.’’ In the conditions for learning in each unauthorized use of pharmaceuticals). California, thirteen-year-old Seth school in each school in the State. Re- (iv) Are free of weapons. Walsh committed suicide this past Oc- sources will also be available to offer (v) Do not condone or tolerate unhealthy tober because of the bullying he experi- grants to school districts to establish or harmful behaviors, including discrimina- enced in his school. We need to have tion of any kind. policies and activities to improve the (vi) Help staff and students to model posi- the expectations in all of our schools conditions for learning in each of their tive social and emotional skills, including that all students will be valued and all schools. This legislation gives State tolerance and respect for others. students will have a safe haven to learn and local school districts the resources (vii) Promote concern for the well-being of and achieve. In New York City, middle and opportunities to create safe, students, including through the presence of schooler Gurwinder Singh was targeted healthy schools that will enhance the caring adults. by bullies who bashed his head into a academic achievement of students. (viii) Employ adults who have— metal pole while bystanders watched, This legislation is an essential tool (I) high expectations for student conduct, because of his Sikh religion. Luckily, for our States and local schools to sup- character, and academic achievement; and Gurwinder survived, and has become an port students who are prepared for col- (II) the capacity to establish supportive re- lationships with students. outspoken proponent of bullying pre- lege, a career, and to be world-class (ix) Engage families and community mem- vention. We cannot stand idly by when citizens. bers in meaningful and sustained ways to school becomes a hostile place for kids. Mr. President, I ask unanimous con- promote positive student academic achieve- Thus, today, I am introducing the sent that the text of the bill be printed ment, developmental, and social outcomes. Successful, Safe and Healthy Students in the RECORD. (3) CONDITIONS FOR LEARNING MEASUREMENT Act. This legislation will advance stu- There being no objection, the text of SYSTEM.— dent achievement and promote the the bill was ordered to be printed in (A) IN GENERAL.—The term ‘‘conditions for positive physical, mental, and emo- the RECORD, as follows: learning measurement system’’ means a tional health of students throughout S. 919 State reporting and information system that measures conditions for learning in the the nation. It will help to reduce vio- Be it enacted by the Senate and House of Rep- State and is, to the extent possible, part of lence in schools, prevent bullying and resentatives of the United States of America in Congress assembled, the State’s statewide longitudinal data sys- harassment, help students make re- tem and with the State’s system for report- SECTION 1. SHORT TITLE. sponsible choices about drugs, tobacco, ing the data required under section 1111 of This Act may be cited as the ‘‘Successful, and alcohol, and create the type of Safe, and Healthy Students Act of 2011’’. the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311). school environments where students SEC. 2. PURPOSE. (B) DESCRIPTION OF SYSTEM.—Such system can do their best work and achieve the The purpose of this Act is to assist States shall— highest possible academic outcomes, in developing and implementing comprehen- while also becoming healthy, happy sive programs and strategies to foster posi- (i) contain, at a minimum, data from valid and productive members of their com- tive conditions for learning in public and reliable surveys of students and staff and schools, in order to increase academic the indicators in clause (ii) that allow staff munities. at the State, local educational agencies, and Essential conditions for learning in- achievement for all students through the provision of Federal assistance to States schools to examine and improve school-level clude schools that provide for adequate conditions for learning; physical activity, positive mental for— (1) promotion of student physical health (ii) collect school-level data on— health, and safe environments. Those and well-being, nutrition, and fitness; (I) physical education indicators; conditions include physical and emo- (2) promotion of student mental health and (II) individual student attendance and tru- tional safety for both students and well-being; ancy; school personnel and promote positive (3) prevention of violence, harassment (III) in-school suspensions, out-of-school character development in our youth. (which includes bullying), and substance suspensions, expulsions, referrals to law en- forcement, school-based arrests, and discipli- Schools with the essential conditions abuse among students; and (4) promotion of safe and supportive nary transfers (including placements in al- for learning also provide for opportuni- ternative schools) by student; ties for good nutrition and healthy liv- schools. SEC. 3. DEFINITIONS. (IV) the frequency, seriousness, and inci- ing, and are free of violence, harass- In this Act: dence of violence and drug-related offenses ment, bullying and other forms of (1) CHILD AND ADOLESCENT PSYCHIATRIST; resulting in disciplinary action in elemen- interpersonal aggression. Schools that OTHER QUALIFIED PSYCHOLOGIST; SCHOOL COUN- tary schools and secondary schools in the have the right conditions for learning SELOR; SCHOOL PSYCHOLOGIST; SCHOOL SOCIAL State; and are free of weapons and prevent the use WORKER.—The terms ‘‘child and adolescent (V) the incidence and prevalence, age of and abuse of drugs and alcohol. And psychiatrist’’, ‘‘other qualified psycholo- onset, perception of health risk, and percep- tion of social disapproval of drug use and vi- schools with good conditions for learn- gist’’, ‘‘school counselor’’, ‘‘school psycholo- olence, including harassment (which in- ing have positive adult role models gist’’, and ‘‘school social worker’’ shall have the meanings given the terms in section cludes bullying), by youth and school per- with high expectations for students’ 5421(e) of the Elementary and Secondary sonnel in schools and communities; development, conduct, and academic Education Act of 1965 (20 U.S.C. 7245(e)). (iii) collect and report data, including, at a achievement. (2) CONDITIONS FOR LEARNING.—The term minimum, the data described in subclauses For those who might be skeptical ‘‘conditions for learning’’ means conditions (II), (III), and (V) of clause (ii), in the aggre- about these critical conditions for that advance student achievement and posi- gate and disaggregated by the categories of learning, we only need to look to the tive child and youth development by race, ethnicity, gender, disability status, mi- States and their efforts to improve proactively supporting schools (inclusive of grant status, English proficiency, and status school performance and accountability. in and around the school building, pathways as economically disadvantaged, and cross tabulated across all of such categories by Many States are moving beyond the to and from the school and students’ homes, school-sponsored activities, and electronic gender and by disability; limited measures of school perform- and social media involving students or (iv) protect student privacy, consistent ance required by No Child Left Behind school personnel) that— with applicable data privacy laws and regu- and have started to collect data on (A) promote physical, mental, and emo- lations, including section 444 of the General school-wide factors that are associated tional health; Education Provisions Act (20 U.S.C. 1232g,

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2795 commonly known as the ‘‘Family Edu- a local educational agency or consortium of dents, and to improve student social emo- cational Rights and Privacy Act of 1974’’); local educational agencies to— tional competencies. and (A) implement school-based activities; and (ii) Enhance the availability of crisis inter- (v) to the extent possible, utilize a web- (B) conduct school-level measurement of vention services, appropriate referrals for based reporting system. conditions for learning that are consistent students potentially in need of mental (C) COMPILING STATISTICS.—In compiling with this Act. health services, including suicide prevention, the statistics required to measure conditions (6) HARASSMENT.—The term ‘‘harassment’’ and ongoing mental health services. for learning in the State— means conduct, including bullying, that is (iii) Provide training for the school per- (i) the offenses described in subparagraph sufficiently severe, persistent, or pervasive sonnel and mental health professionals who (B)(ii)(IV) shall be defined pursuant to the to limit a student’s ability to participate in will participate in the program. State’s criminal code, and aligned to the ex- or benefit from a program or activity of a (iv) Provide technical assistance and con- tent possible, with the Federal Bureau of In- public school or educational agency, or to sultation to school systems, mental health vestigation’s Uniform Crime Reports cat- create a hostile or abusive educational envi- agencies, and families participating in the egories, but shall not identify victims of ronment at a program or activity of a public program. crimes or persons accused of crimes and the school or educational agency, including acts (v) Provide services that establish or ex- collected data shall include incident reports of verbal, nonverbal, or physical aggression, pand school counseling and mental health by school officials, anonymous student sur- intimidation, or hostility, if such conduct is programs that— veys, and anonymous teacher surveys; based on— (I) are comprehensive in addressing the (A) a student’s actual or perceived race, (ii) the performance metrics that are es- counseling, social, emotional, behavioral, color, national origin, sex, disability, sexual tablished under section 5(i) shall be collected mental health, and educational needs of all orientation, gender identity, or religion; and the performance on such metrics shall be students; (B) the actual or perceived race, color, na- defined and reported uniformly statewide; (II) use a developmental, preventive ap- tional origin, sex, disability, sexual orienta- (iii) the State shall collect, analyze, and proach to counseling and mental health serv- tion, gender identity, or religion of a person use the data under subparagraph (B)(ii), as ices; with whom a student associates or has asso- required under section 5(g)(5), at least annu- (III) are linguistically appropriate and cul- ciated; or ally, except the indicators under subpara- (C) any other distinguishing characteris- turally responsive; graph (B)(ii)(V) may be collected, at a min- tics that may be defined by a State or local (IV) increase the range, availability, quan- imum, every 2 years; and educational agency. tity, and quality of counseling and mental (iv) grant recipients and subgrant recipi- health services in the elementary schools (7) LOCAL EDUCATIONAL AGENCY.—The term ents shall use the data for planning and con- ‘‘local educational agency’’ has the meaning and secondary schools of the local edu- tinuous improvement of activities imple- given the term in section 9101 of the Elemen- cational agency; mented under this Act, and may collect data tary and Secondary Education Act of 1965 (20 (V) expand counseling and mental health for indicators that are locally defined, and U.S.C. 7801). services through school counselors, school that are not reported to the State, to meet (8) PHYSICAL EDUCATION INDICATORS.—The social workers, school psychologists, other local needs (so long as such indicators are term ‘‘physical education indicators’’ means qualified psychologists, or child and adoles- aligned with the conditions for learning). a set of measures for instruction on physical cent psychiatrists; (4) DRUG AND VIOLENCE PREVENTION.—The activity, health-related fitness, physical (VI) use innovative approaches to— term ‘‘drug and violence prevention’’ competence, and cognitive understanding (aa) increase children’s understanding of means— about physical activity. Such indicators peer and family relationships, work and self, (A) with respect to drugs, prevention, early shall be publicly reported annually in the decisionmaking, or academic and career intervention, rehabilitation referral, or edu- State’s conditions for learning measurement planning; or cation related to the abuse and illegal use of system, and shall include— (bb) improve peer interaction; drugs (including tobacco, alcohol, illegal (A) for the State, for each local edu- (VII) provide counseling and mental health drugs, and unauthorized use of pharma- cational agency in the State, and for each services in settings that meet the range of ceuticals) to— school in the State, the average number of student needs; (i) raise awareness about the costs and con- minutes that all students spend in required (VIII) include professional development ap- sequences of substance use and abuse; physical education, and the average number propriate to the activities covered in this (ii) change attitudes, perceptions, and so- of minutes that all students engage in mod- paragraph for teachers, school leaders, in- cial norms about the dangers and accept- erate to vigorous physical activity, as meas- structional staff, and appropriate school per- ability of alcohol, tobacco, and drugs; and ured against established recommended sonnel, including training in appropriate (iii) reduce access to and use of alcohol, to- guidelines of the Centers for Disease Control identification and early intervention tech- bacco, and drugs; and and Prevention and the Department of niques by school counselors, school social (B) with respect to violence, the promotion Health and Human Services; workers, school psychologists, other quali- of school safety on school premises, going to (B) for the State, the percentage of local fied psychologists, or child and adolescent and from school, and at school-sponsored ac- educational agencies that have a required, psychiatrists; tivities, through the creation and mainte- age-appropriate physical education cur- (IX) ensure a team approach to school nance of a school environment that— riculum that adheres to Centers for Disease counseling and mental health services in the (i) is free of weapons; Control and Prevention guidelines and State schools served by the local educational agen- (ii) fosters individual responsibility and re- standards; cy; spect for the rights and dignity of others; (C) for the State, for each local edu- (X) ensure work toward ratios rec- (iii) employs positive, preventative ap- cational agency in the State, and for each ommended— proaches to school discipline, such as school in the State, the percentage of ele- (aa) by the American School Counselor As- schoolwide positive behavior supports and mentary school and secondary school phys- sociation of 1 school counselor to 250 stu- restorative justice, that improve student en- ical education teachers who are State li- dents; gagement while minimizing students’ re- censed or certified to teach physical edu- (bb) by the School Social Work Association moval from instruction and reducing dispari- cation; of America of 1 school social worker to 400 ties among the subgroups of students de- (D) for the State, and for each local edu- students; and scribed in section 1111(b)(2)(C)(v) of the Ele- cational agency in the State, the percentage (cc) by the National Association of School mentary and Secondary Education Act of of schools that have a State certified or li- Psychologists of 1 school psychologist to 700 1965 (20 U.S.C. 6311(b)(2)(C)(v)); and censed physical education teacher certified students; and (iv) demonstrates preparedness and readi- in adapted physical education; and (XI) ensure that school counselors, school ness to respond to, and recover from, inci- (E) for each school in the State, the num- psychologists, other qualified psychologists, dents of school violence, such that students ber of indoor square feet and the number of school social workers, or child and adoles- and school personnel are free from— outdoor square feet used primarily for phys- cent psychiatrists paid from funds made (I) violent and disruptive acts; ical education. available under this program spend a major- (II) harassment (which includes bullying); (9) PROGRAMS TO PROMOTE MENTAL ity of their time counseling or providing (III) sexual harassment, dating violence, HEALTH.—The term ‘‘programs to promote mental health services to students or in and abuse; and mental health’’ means programs that— other activities directly related to such (IV) victimization associated with preju- (A) develop students’ social and emotional processes. dice and intolerance. competencies; and (10) PROGRAMS TO PROMOTE PHYSICAL ACTIV- (5) ELIGIBLE LOCAL APPLICANT.—The term (B) link students with local mental health ITY, EDUCATION, FITNESS, AND NUTRITION.— ‘‘eligible local applicant’’ means a local edu- systems as follows: The term ‘‘programs to promote physical ac- cational agency, a consortium of local edu- (i) Enhance, improve, or develop collabo- tivity, education, fitness, and nutrition’’ cational agencies, or a nonprofit organiza- rative efforts between school-based service means programs that increase and enable ac- tion that has a track record of success in im- systems and mental health service systems tive student participation in physical well- plementing the proposed activities and has to provide, enhance, or improve prevention, being activities and provide teacher profes- signed a memorandum of understanding with diagnosis, and treatment services to stu- sional development. Such programs shall be

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2796 CONGRESSIONAL RECORD — SENATE May 9, 2011 comprehensive in nature, and include oppor- the Elementary and Secondary Education system, and how the State will ensure that tunities for professional development for Act of 1965 (20 U.S.C. 6311 et seq.) by such all local educational agencies and schools in teachers of physical education to stay State for such fiscal year bears to the the State participate in such system; abreast of the latest research, issues, and amount received under such part for such fis- (ii) ensure the quality of the State’s condi- trends in the field of physical education, and cal year by all States. tions for learning data collection, including 1 or more of the following activities: (B) COMPETITIVE GRANTS.— the State’s plan for survey administration (A) Fitness education and assessment to (i) IN GENERAL.—If the total amount re- and for ensuring the reliability and validity help students understand, improve, or main- served under section 4 for Successful, Safe, of survey instruments; tain their physical well-being. and Healthy Students State Grants for a fis- (iii) coordinate the proposed activities (B) Instruction in a variety of motor skills cal year is less than $500,000,000, the Sec- with other Federal and State programs, in- and physical activities designed to enhance retary shall award grants under this section cluding programs funded under this Act, the physical, mental, social, and emotional on a competitive basis. which may include programs to expand development of every student. (ii) SUFFICIENT SIZE AND SCOPE.—In award- learning time and for before- and after- (C) Development of, and instruction in, ing grants on a competitive basis pursuant school programming in order to provide suf- cognitive concepts about motor skill and to clause (i), the Secretary shall ensure that ficient time to carry out the activities de- physical fitness that support a lifelong grant awards are of sufficient size and scope scribed in this Act; healthy lifestyle. to carry out required and approved activities (iv) assist local educational agencies to (D) Opportunities to develop positive social under this section. align activities with funds the agencies re- and cooperative skills through physical ac- (c) ELIGIBILITY.—To be eligible to receive a ceive under the program with other funding tivity. grant under this section, a State shall dem- sources in order to support a coherent and (E) Instruction in healthy eating habits onstrate that it has— non-duplicative program; and good nutrition. (1) established a statewide physical edu- (v) solicit and approve subgrant applica- cation requirement that is consistent with (11) SECRETARY.—The term ‘‘Secretary’’ tions, including how the State will— means the Secretary of Education. widely recognized standards; and (I) allocate funds for statewide activities (2) required all local educational agencies (12) STATE.—The term ‘‘State’’ has the and subgrants for each year of the grant, meaning given the term in section 9101 of the in the State to— consistent with allocation requirements (A) establish policies that prevent and pro- Elementary and Secondary Education Act of under subsection (h)(2); and hibit harassment (which includes bullying) 1965 (20 U.S.C. 7801). (II) consider the results of the analysis de- in schools; and scribed in subparagraph (C) in the State’s SEC. 4. RESERVATIONS. (B) provide— distribution of subgrants; From amounts made available under sec- (i) annual notice to parents and students (vi) address the needs of diverse geographic tion 9, the Secretary shall reserve— describing the full range of prohibited con- areas in the State, including rural and urban (1) for the first 3 years for which funding is duct contained in such local educational communities; made available under such section to carry agency’s discipline policies; and (vii) provide assistance to local edu- out this Act— (ii) grievance procedures for students or cational agencies and schools in their efforts (A) not more than 30 percent of such parents to register complaints regarding the amounts or $30,000,000, whichever amount is prohibited conduct contained in such local to prevent and appropriately respond to inci- more, for State conditions for learning meas- educational agency’s discipline policies, in- dents of harassment (which includes bul- urement system grants, distributed to every cluding— lying), including building the capacity of State (by an application process consistent (I) the name of the local educational agen- such agencies and schools to educate family with section 5(d)(1)) in an amount propor- cy officials who are designated as responsible and community members regarding the tional to each State’s share of funding under for receiving such complaints; and agencies’ and schools’ respective roles in pre- part A of title I of the Elementary and Sec- (II) timelines that the local educational venting and responding to such incidents; ondary Education Act of 1965 (20 U.S.C. 6311 agency will follow in the resolution of such and et seq.), to develop the State’s conditions for complaints. (viii) provide assistance to local edu- learning measurement system, and to con- (d) APPLICATIONS.— cational agencies and schools in their efforts duct a needs analysis to meet the require- (1) IN GENERAL.—A State that desires to re- to implement positive, preventative ap- ments of section 5(d)(2)(D); and ceive a grant under this section shall submit proaches to school discipline, such as (B) not more than 68 percent of such an application at such time, in such manner, schoolwide positive behavior supports and amounts for Successful, Safe, and Healthy and containing such information as the Sec- restorative justice, that improve student en- Students State Grants under section 5; retary may require. gagement while minimizing students’ re- (2) for the fourth year and each subsequent (2) CONTENT OF APPLICATION.—At a min- moval from instruction and reducing signifi- year for which funding is made available imum, the application shall include— cant school discipline rates and disciplinary under section 9 to carry out this Act, not (A) documentation of the State’s eligi- disparities among the subgroups of students less than 98 percent of such amounts for Suc- bility to receive a grant under this section, described in section 1111(b)(2)(C)(v) of the El- cessful, Safe, and Healthy Students State as described in subsection (c); ementary and Secondary Education Act of Grants under section 5; and (B) an assurance that the policies used to 1965 (20 U.S.C. 6311(b)(2)(C)(v)). (3) in each year for which funding is made prohibit harassment (which includes bul- (3) PEER REVIEW.—The Secretary shall es- available under section 9 to carry out this lying) in schools required under subsection tablish a peer review process to review appli- Act, not more than 2 percent of such (c)(2)(A) emphasize alternatives to school cations submitted under this subsection. amounts for technical assistance and evalua- suspension that minimize students’ removal (e) DURATION.— tion. from grade-level instruction, promote men- (1) IN GENERAL.—A State that receives a SEC. 5. SUCCESSFUL, SAFE, AND HEALTHY STU- tal health, and only allow out-of-school pun- grant under this section may receive funding DENTS STATE GRANTS. ishments in severe or persistent cases; for not more than 5 years in accordance with (a) PURPOSE.—The purpose of this section (C) a plan for improving conditions for this subsection. is to provide funding to States to implement learning in schools in the State in a manner (2) INITIAL PERIOD.—The Secretary shall comprehensive programs that address condi- consistent with the requirements of the pro- award grants under this section for an initial tions for learning in schools in the State. gram that may be a part of a broader state- period of not more than 3 years. Such programs shall be based on — wide child and youth plan, if such a plan ex- (3) GRANT EXTENSION.—The Secretary may (1) scientifically valid research; and ists and is consistent with the requirements extend a competitive grant awarded to a (2) an analysis of need that considers, at a of this Act; State under this section for not more than minimum, the indicators in the conditions (D) a needs analysis of the conditions for an additional 2 years if the State shows suffi- for learning measurement system. learning in schools in the State, which— cient improvement, as determined by the (b) STATE GRANTS.— (i) shall include a description of, and data Secretary, against baseline data for the per- (1) IN GENERAL.—From amounts reserved measuring, the State’s conditions for learn- formance metrics established under sub- under section 4 for Successful, Safe, and ing; and section (i). Healthy Students State Grants, the Sec- (ii) may be a part of a broader statewide (f) RESERVATION AND USE OF FUNDS.—A retary shall award grants to States to carry child and youth needs analysis, if such an State that receives a grant under this sec- out the purpose of this section. analysis exists and is consistent with the re- tion shall— (2) AWARDS TO STATES.— quirements of this Act; (1) reserve not more than 10 percent of the (A) FORMULA GRANTS.—If the total amount (E) a description of how the activities the grant funds for administration of the pro- reserved under section 4 for Successful, Safe, State proposes to implement with grant gram, technical assistance, and the develop- and Healthy Students State Grants for a fis- funds are responsive to the results of the ment, improvement, and implementation of cal year is $500,000,000 or more, the Secretary needs analysis described in subparagraph (C); the State’s conditions for learning measure- shall allot to each State with an approved and ment system, as described in paragraphs (1) application an amount that bears the same (F) a description of how the State will— through (5) of subsection (g); and relationship to such total amount as the (i) develop, adopt, adapt, or implement the (2) use the remainder of grant funds after amount received under part A of title I of State’s conditions for learning measurement making the reservation under paragraph (1)

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to award subgrants, on a competitive basis, (iii) not less than 20 percent of the (1) ESTABLISHMENT OF PERFORMANCE to eligible local applicants. subgrant funds are allocated to carry out METRICS.—The Secretary, acting through the (g) REQUIRED STATE ACTIVITIES.—A State programs to promote physical activity, edu- Director of the Institute of Education that receives a grant under this section cation, fitness, and nutrition. Sciences, shall establish program perform- shall— (B) RULE OF CONSTRUCTION.—Nothing in ance metrics to measure the effectiveness of (1) not later than 1 year after receipt of the this section shall be construed to require the activities carried out under this Act. grant, develop, adapt, improve, or adopt and States, in making subgrants to eligible local (2) ANNUAL REPORT.—Each State that re- implement a statewide conditions for learn- applicants, to require subgrant recipients to ceives a grant under this Act shall prepare ing measurement system (unless the State use 20 percent of grant funds for drug and vi- and submit an annual report to the Sec- can demonstrate, to the satisfaction of the olence prevention, 20 percent of grant funds retary, which shall include information rel- Secretary, that an appropriate system has for the promotion of mental health, and 20 evant to the conditions for learning, includ- already been implemented) that annually percent of grant funds for the promotion of ing on progress towards meeting outcomes measures the State’s progress in the condi- physical activity, education, fitness, and nu- for the metrics established under paragraph tions for learning for every public school in trition. (1). the State; (3) APPLICATIONS.—An eligible local appli- SEC. 6. FUNDS RESERVED FOR SECRETARY. (2) collect information in each year of the cant that desires to receive a subgrant under From the amount reserved under section grant on the conditions for learning at the this subsection shall submit to the State an 4(3), the Secretary shall— school-building level through comprehensive application at such time, in such manner, (1) direct the Institute of Education needs assessments of students, school staff, and containing such information as the Sciences to conduct an evaluation of the im- and family perceptions, experiences, and be- State may require. pact of the practices funded or disseminated haviors; (4) PRIORITY.—In awarding subgrants under by the Successful, Safe, and Healthy Stu- (3) collect annual incident data at the this subsection, a State shall give priority to dents State Grants program; and school-building level that are accurate and applications that— (2) provide technical assistance to appli- complete; (A) demonstrate the greatest need accord- cants, recipients, and subgrant recipients of (4) publicly report, at the school level and ing to the results of the State’s conditions the programs funded under this Act. district level, the data collected in the con- for learning survey; and SEC. 7. PROHIBITED USES OF FUNDS. ditions for learning measurement system (B) propose to serve schools with the high- No funds appropriated under this Act may each year in a timely and highly accessible est concentrations of poverty, based on the be used to pay for— manner; percentage of students receiving or are eligi- (1) school resource officer or other security (5) use, on a continuous basis, the results ble to receive a free or reduced price lunch personnel salaries, metal detectors, security of the conditions for learning measurement under the Richard B. Russell National cameras, or other security-related salaries, system to— School Lunch Act (42 U.S.C. 1751 et seq.). equipment, or expenses; (A) identify and address conditions for (5) ACTIVITIES OF SUBGRANT RECIPIENTS.— (2) drug testing programs; or learning statewide; Each recipient of a subgrant under this sub- (3) the development, establishment, imple- (B) help subgrantees identify and address section shall, for the duration of the mentation, or enforcement of zero-tolerance school and student needs; and subgrant— discipline policies, other than those ex- (C) provide individualized assistance to the (A) carry out activities— pressly required under the Gun-Free Schools lowest-performing schools (consistent with (i) the need for which has been identified, Act (20 U.S.C. 7151 et seq.). at a minimum, through the conditions for section 1116 of the Elementary and Sec- SEC. 8. FEDERAL AND STATE NONDISCRIMINA- ondary Education Act of 1965 (20 U.S.C. 6316)) learning measurement system; and TION LAWS. and schools with significant conditions for (ii) that are part of a comprehensive strat- Nothing in this Act shall be construed to learning weaknesses as identified through egy or framework to address such need, in 1 invalidate or limit nondiscrimination prin- the conditions for learning measurement or more of the 3 categories identified in para- ciples or rights, remedies, procedures, or system with implementation of activities graph (2)(A); legal standards available to victims of dis- under this Act; and (B) ensure that each framework, interven- crimination under any other Federal law or (6) award subgrants, consistent with sub- tion, or program selected be based on sci- law of a State or political subdivision of a section (h), to eligible local applicants. entifically valid research and be used for the State, including title VI of the Civil Rights (h) SUBGRANTS.— purpose for which such framework, interven- Act of 1964 (42 U.S.C. 2000d et seq.), title IX (1) IN GENERAL.— tion, or program was found to be effective; of the Education Amendments of 1972 (20 (A) AWARDING OF SUBGRANTS.—A State that (C) use school-level data from the state- U.S.C. 1681 et seq.), section 504 or 505 of the receives a grant under this section shall wide conditions for learning measurement Rehabilitation Act of 1973 (29 U.S.C. 794 and award subgrants, on a competitive basis, to system to inform the implementation and 794a), or the Americans with Disabilities Act eligible local applicants (which may apply in continuous improvement of activities car- of 1990 (42 U.S.C. 12101 et seq.). The obliga- partnership with 1 or more community-based ried out under this Act; tions imposed by this Act are in addition to organizations)— (D) use data from the statewide conditions those imposed by title VI of the Civil Rights (i) based on need as identified by data from for learning measurement system to identify Act of 1964 (42 U.S.C. 2000d et seq.), title IX State and local conditions for learning meas- challenges outside of school or off school of the Education Amendments of 1972 (20 urement systems; grounds, (including the need for safe pas- U.S.C. 1681 et seq.), section 504 of the Reha- (ii) that are of sufficient size and scope to sages for students to and from school), and bilitation Act of 1973 (29 U.S.C. 794), and the enable subgrantees to carry out approved ac- collaborate with 1 or more community-based Americans with Disabilities Act of 1990 (42 tivities; and organization to address such challenges; U.S.C. 12101 et seq.). (E) collect and report to the State edu- (iii) to implement programs that— SEC. 9. AUTHORIZATION OF APPROPRIATIONS. cational agency, data for schools served by (I) are comprehensive in nature; There are authorized to be appropriated to the subgrant recipient, in a manner con- (II) are based on scientifically valid re- carry out this Act $1,000,000,000 for fiscal sistent with the State’s conditions for learn- search; year 2012 and such sums as may be necessary ing measurement system; (III) are consistent with achieving the con- for each of the 5 succeeding fiscal years. ditions for learning; (F) establish policies to expand access to (IV) are part of a strategy to achieve all quality physical activity opportunities, (in- f the conditions for learning; and cluding school wellness policies) and estab- SUBMITTED RESOLUTIONS (V) address 1 or more of the categories de- lish active school wellness councils, con- scribed in paragraph (2)(A). sistent with the requirements of the Child (B) ASSISTANCE.—A State that receives a Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), SENATE RESOLUTION 173—DESIG- grant under this section shall provide assist- which may be part of existing school coun- cils, if such councils exist and have the ca- NATING THE WEEK OF MAY 1 ance to subgrant applicants and recipients in THROUGH MAY 7, 2011, AS ‘‘NA- the selection of scientifically valid programs pacity and willingness to address school and interventions. wellness; TIONAL PHYSICAL EDUCATION (2) ALLOCATION.— (G) engage family members and commu- AND SPORT WEEK’’ (A) IN GENERAL.—In awarding subgrants nity-based organizations in the development Ms. KLOBUCHAR (for herself and Mr. of conditions for learning surveys, and in the under this section, each State shall ensure THUNE) submitted the following resolu- that, for the aggregate of all subgrants planning, implementation, and review of the subgrant recipient’s efforts under this Act; tion; which was referred to the Com- awarded by the State— mittee on the Judiciary: (i) not less than 20 percent of the subgrant and funds are allocated to carry out drug and vi- (H) consider and accommodate the unique S. RES. 173 olence prevention; needs of students with disabilities and Whereas a decline in physical activity has (ii) not less than 20 percent of the subgrant English language learners in implementing contributed to the unprecedented epidemic funds are allocated to carry out programs to activities. of childhood obesity, which has more than promote mental health; and (i) ACCOUNTABILITY.— tripled in the United States since 1980;

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2798 CONGRESSIONAL RECORD — SENATE May 9, 2011 Whereas regular physical activity is nec- Whereas if efforts are made to intervene (1) has served as a cornerstone for inter- essary to support normal and healthy growth with unfit children to bring those children to dicting terrorists by the administrations of in children and is essential to the continued physically fit levels, then there may also be President Barack Obama and former Presi- health and well-being of children; a concomitant rise in the academic perform- dent George W. Bush; and Whereas according to the Centers for Dis- ance of those children; and (2) continues to fulfill the mandate for in- ease Control, overweight adolescents have a Whereas Congress strongly supports efforts creased information sharing set by Congress 70 to 80 percent chance of becoming over- to increase physical activity and participa- in— weight adults, increasing their risk for tion of children and youth in sports: Now, (A) the Aviation and Transportation Secu- chronic disease, disability, and death; therefore, be it rity Act (Public Law 107–71); Whereas physical activity reduces the risk Resolved, That the Senate— (B) the Intelligence Reform and Terrorism of heart disease, high blood pressure, diabe- (1) designates the week of May 1 through Prevention Act of 2004 (Public Law 108–458); tes, and certain types of cancers; May 7, 2011, as ‘‘National Physical Education (C) the Implementing Recommendations of Whereas type 2 diabetes can no longer be and Sport Week’’; the 9/11 Commission Act of 2007 (Public Law referred to as ‘‘late in life’’ or ‘‘adult onset’’ (2) recognizes National Physical Education 110–53); and diabetes because type 2 diabetes presently and Sport Week and the central role of phys- (D) other laws requiring information shar- occurs in children as young as 10 years old; ical education and sports in creating a ing internationally and within the United Whereas the Physical Activity Guidelines healthy lifestyle for all children and youth; States Government to promote greater secu- for Americans issued by the Department of (3) supports the implementation of local rity; Health and Human Services recommend that school wellness policies (as that term is de- Whereas the Implementing Recommenda- children engage in at least 60 minutes of scribed in section 9A of the Richard B. Rus- tions of the 9/11 Commission Act of 2007 re- physical activity on most, and preferably all, sell National School Lunch Act (42 U.S.C. quired nations to enter into an agreement to days of the week; 1758b)) that include ambitious goals for phys- exchange passenger information with the Whereas according to the Centers for Dis- ical education, physical activity, and other United States in order to qualify for the ease Control, only 19 percent of high school activities that address the childhood obesity United States’ visa waiver program; students are meeting the goal of 60 minutes epidemic and promote child wellness; and Whereas international law and treaties of physical activity each day; (4) encourages schools to offer physical have recognized that— Whereas children spend many of their wak- education classes to students and work with (1) advance information about travelers is ing hours at school and, as a result, need to community partners to provide opportuni- a critical tool in identifying high-risk pas- be active during the school day to meet the ties and safe spaces for physical activities sengers; and recommendations of the Physical Activity before and after school and during the sum- (2) the intelligence gained from the anal- Guidelines for Americans; mer months for all children and youth. ysis of passenger travel data is critical for— Whereas nationally, according to the Cen- f (A) protecting the United States against ters for Disease Control, 1 out of 4 children terrorists entering the United States; and does not attend any school physical edu- SENATE RESOLUTION 174—EX- (B) preventing terrorists from boarding cation classes, and fewer than 1 in 4 children PRESSING THE SENSE OF THE international flights bound for the United get 20 minutes of vigorous activity every SENATE THAT EFFECTIVE SHAR- States; day; ING OF PASSENGER INFORMA- Whereas the Agreement Between the Whereas teaching children about physical TION FROM INBOUND INTER- United States of America and the European education and sports not only ensures that Union on the Processing and Transfer of Pas- the children are physically active during the NATIONAL FLIGHT MANIFESTS senger Name Record (PNR) Data by Air Car- school day, but also educates the children on IS A CRUCIAL COMPONENT OF riers to the United States Department of how to be physically active and the impor- OUR NATIONAL SECURITY AND Homeland Security (DHS), done at Brussels tance of physical activity; THAT THE DEPARTMENT OF and Washington on July 23 and 26, 2007 (re- Whereas according to a 2006 survey by the HOMELAND SECURITY MUST ferred to in this resolution as the ‘‘EU-U.S. Department of Health and Human Services, MAINTAIN THE INFORMATION PNR Agreement’’)— 3.8 percent of elementary schools, 7.9 percent SHARING STANDARDS REQUIRED (1) succeeded a series of agreements be- of middle schools, and 2.1 percent of high tween 2002 and October 2006; schools provide daily physical education (or UNDER THE 2007 PASSENGER (2) was intended to remain in effect until an equivalent) for the entire school year, and NAME RECORD AGREEMENT BE- 2014; and 22 percent of schools do not require students TWEEN THE UNITED STATES (3) complied with European Union and to take any physical education courses at AND THE EUROPEAN UNION United States privacy laws by providing as- all; Mr. LIEBERMAN (for himself and surances that the United States would use Whereas according to that 2006 survey, 13.7 PNR data for limited purposes; Ms. COLLINS) submitted the following percent of elementary schools, 15.2 percent of Whereas PNR data gathered pursuant to middle schools, and 3.0 percent of high resolution; which was referred to the the EU-U.S. PNR Agreement has been used schools provide physical education (or an Committee on Homeland Security and to identify and arrest a number of dangerous equivalent) at least 3 days per week for the Governmental Affairs: terrorists, including— entire school year for students in all grades S. RES. 174 (1) David Headley, who was planning an at- in the school; Whereas the National Commission on Ter- tack on Denmark and who contributed to the Whereas research shows that fit and active rorist Attacks Upon the United States— tragedy in Mumbai; and children are more likely to thrive academi- (1) found that ‘‘[t]argeting travel is at (2) Faisal Shahzad, who was attempting to cally; least as powerful a weapon against terrorists flee the country after attempting to set off a Whereas increased time in physical edu- as targeting their money’’; and car-bomb in Times Square. cation classes can help the attention, con- (2) recommended that the United States Whereas PNR data has been used to pre- centration, and achievement test scores of ‘‘combine terrorist travel intelligence, oper- vent the travel of many other individuals children; ations, and law enforcement in a strategy to considered to be national security threats or Whereas participation in sports teams and intercept terrorist, find terrorist travel otherwise inadmissible to the United States; physical activity clubs, often organized by facilitators, and constrain terrorist mobil- Whereas the privacy protections in the the school and run outside of the regular ity’’; current EU-U.S. PNR Agreement are robust, school day, can improve grade point average, Whereas terrorists continue to target and a February 2010 joint review by both sig- school attachment, educational aspirations, international travel to the United States, as natories found no privacy violations, misuse, and the likelihood of graduation; evidenced by Umar Farouk Abdulmutallab’s or injury from the collection of PNR data by Whereas participation in sports and phys- attempt to detonate a bomb on board North- the Department of Homeland Security; ical activity improves self-esteem and body west Airlines Flight 253 on December 25, 2009, Whereas although the United States and image in children and adults; en route from Amsterdam to Detroit; the European Union have different governing Whereas children and youths who partake Whereas Congress responded to the attacks mechanisms that lead to differences in how in physical activity and sports programs of September 11, 2001, by mandating that all oversight is conducted, both governments have increased motor skills, healthy life- air carriers flying into the United States have a firm commitment to the protection of styles, social skills, a sense of fair play, provide passenger name record (referred to data and the respect of individual privacy; strong teamwork skills, self-discipline, and in this resolution as ‘‘PNR’’) data concerning Whereas in February 2011, the European avoidance of risky behaviors; all inbound passengers to U.S. Customs and Commission proposed that the European Whereas the social and environmental fac- Border Protection to assist the Department Union create its own PNR system in order to tors affecting children are in the control of of Homeland Security in fulfilling its mis- identify potential terrorists and other dan- the adults and the communities in which the sions of protecting the border and enhancing gerous criminals; children live, and therefore, the people of the border security; Whereas in 2010, the Washington Post— United States share a collective responsi- Whereas there is bipartisan agreement on (1) recognized the important role that PNR bility in reversing the childhood obesity epi- the need to collect and share passenger trav- data plays in securing international avia- demic; el data, which— tion; and

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2799 (2) recommended that data sharing should ate, on May 9, 2011, at 5:30 p.m., in S– the understanding of the effects caused by not be restricted without demonstrating spe- 216 of the Capitol, to continue an exec- the nuclear disaster; cific problems with the operation of current utive business meeting. Whereas, the Chernobyl Forum found that agreement: Now, therefore, be it The PRESIDING OFFICER. Without more than 5,000,000 people lived in ‘‘contami- Resolved, That the Senate— nated’’ areas in Ukraine, Belarus, Russia, (1) acknowledges the grave threat posed by objection, it is so ordered. and other countries; terrorists and other dangerous criminals who f Whereas the lives and wellness of people in seek to exploit international aviation to do RECOGNIZING 25TH ANNIVERSARY the affected areas continue to be impacted harm to our countries; OF CHERNOBYL NUCLEAR DIS- by the catastrophic Chernobyl nuclear dis- (2) urges the Department of Homeland Se- aster; curity to reject any efforts by the European ASTER Whereas the government of the United Union to modify existing PNR data sharing Mr. REID. Mr. President, I ask unan- States, the people of the United States, and mechanisms in a way that would degrade the imous consent that the Foreign Rela- the international community have provided usefulness of the PNR data for identifying tions Committee be discharged from contributions to humanitarian organizations terrorists and other dangerous criminals; further consideration of S. Res. 153 and to address the effects of the Chernobyl dis- (3) urges the Department of Homeland Se- aster; curity to not enter into any agreement that that the Senate proceed to its consider- Whereas the Chernobyl Shelter Fund (CSF) would impose European oversight structures ation. was established in December 1997 by the G7, on the United States; and The PRESIDING OFFICER. Without in cooperation with Ukraine; (4) opposes any effort by the European objection, it is so ordered. Whereas the purpose of the CSF has been Union to interfere with counterterrorism co- The clerk will report the resolution to construct a safe confinement over the operation and information sharing between by title. damaged Chernobyl Unit 4 and to convert the Department of Homeland Security and The legislative clerk read as follows: the site to a stable and environmentally safe non-European countries. A resolution (S. Res. 153) recognizing the condition; Whereas the Nuclear Safety Account f 25th anniversary of the Chernobyl nuclear disaster. (NSA), supported by the United States and 16 other donors, finances the Interim Spent AMENDMENTS SUBMITTED AND There being no objection, the Senate PROPOSED Fuel Storage Facility that allows for the de- proceeded to consider the resolution. commissioning of Chernobyl Units 1 through SA 319. Mr. REID (for Mr. LUGAR) proposed Mr. REID. I ask unanimous consent 3; an amendment to the resolution S. Res. 153, that the amendment at the desk be Whereas April 26, 2011, is the 25th anniver- recognizing the 25th anniversary of the agreed to; the resolution, as amended, sary of the Chernobyl nuclear disaster; and Chernobyl nuclear disaster. be agreed to; the preamble be agreed Whereas the ongoing crisis in Japan at the f to, and the motion to reconsider be laid Fukushima nuclear power plant serves as a upon the table. reminder to the United States and the inter- TEXT OF AMENDMENTS The PRESIDING OFFICER. Without national community of the need to make strong commitments to nuclear security SA 319. Mr. REID (for Mr. LUGAR) objection, it is so ordered. throughout the world: Now, therefore, be it proposed an amendment to the resolu- The amendment (No. 319) was agreed tion S. Res. 153, recognizing the 25th to, as follows: Resolved, That the Senate— (1) recognizes the 25th anniversary of the anniversary of the Chernobyl nuclear (Purpose: To amend the resolving clause) disaster; as follows: Chernobyl nuclear disaster and the courage In paragraph (2) of the resolving clause, of the Ukrainian people in persevering to ad- In paragraph (2) of the resolving clause, strike ‘‘, including the assistance that the dress the consequences of the disaster; strike ‘‘, including the assistance that the United States and the international commu- (2) commends efforts to mitigate the con- United States and the international commu- nity have given to the Chernobyl Shelter sequences of the Chernobyl nuclear disaster; nity have given to the Chernobyl Shelter Fund and the Interim Spent Fuel Storage and Fund and the Interim Spent Fuel Storage Facility’’. (3) requests that the Secretary of the Sen- Facility’’. The resolution (S. Res. 153), as ate transmit an enrolled copy of this resolu- tion to the Ambassador of Ukraine to the f amended, was agreed to. The preamble was agreed to. United States. NOTICE OF HEARING The resolution, as amended, with its COMMITTEE ON RULES AND ADMINISTRATION preamble, reads as follows: f Mr. SCHUMER. Mr. President, the S. RES. 153 Committee on Rules and Administra- Whereas at 1:23 A.M. on April 26, 1986, dur- ORDERS FOR TUESDAY, MAY 10, tion will meet on Wednesday, May 11, ing an experiment, a major explosion oc- 2011 2011, at 2 p.m., to conduct an executive curred at the Chernobyl Nuclear Power Plant in Unit 4, a RBMK 1000-type, graphite- Mr. REID. Mr. President, I ask unan- business meeting to consider the nomi- moderated nuclear power reactor in Pripyat; imous consent that when the Senate nation of William J. Boarman, of Mary- Whereas the initial explosion dispersed a completes its business today, it ad- land, to be the public printer, followed stream of radioactive particles over nearby journ until 10 a.m. tomorrow, Tuesday, by a legislative business meeting to towns, farms, and eventually to many other May 10; that following the prayer and consider S. Res. 116, to provide for ex- countries; pledge, the Journal of proceedings be pedited Senate consideration of certain Whereas 500,000 brave firefighters, engi- approved to date, the morning hour be nominations subject to advice and con- neers, technicians, and emergency workers deemed expired, the time for the two sent and S. 739, a bill to authorize the worked for more than 6 months to minimize one of the worst civilian nuclear disasters in leaders be reserved for their use later Architect of the Capitol to establish history; in the day; that following any leader battery recharging stations for pri- Whereas radioactivity emanating from the remarks the Senate proceed to a period vately owned vehicles in parking areas Chernobyl disaster has been detected in of morning business for debate only under the jurisdiction of the Senate at Belarus, Poland, Russia, Scandinavia, and until 5 p.m., with Senators permitted no net cost to the Federal Government. other areas; to speak for up to 10 minutes each, For further information regarding Whereas since the disaster, serious health, with the first hour equally divided and this hearing, please contact Lynden environmental, and socioeconomic repercus- controlled between the leaders or their Armstrong at the Rules and Adminis- sions have been identified in many areas near the Chernobyl plant; designees, with the majority control- tration Committee, 202–224–6352. Whereas the Chernobyl Forum, an initia- ling the first 30 minutes and the Re- f tive by the International Atomic Energy publicans controlling the next 30 min- Agency in cooperation with the World utes. AUTHORITY FOR COMMITTEES TO Health Organization, numerous United Na- MEET tions agencies, and the governments of Finally, I ask unanimous consent Ukraine, Belarus, and Russia, was launched COMMITTEE ON THE JUDICIARY that the Senate recess from 12:30 p.m. in 2003 to examine the scientific evidence of Mr. LEAHY. Mr. President, I ask until 2:15 p.m. tomorrow for the weekly human and environmental effects of the nu- caucus meetings. unanimous consent that the Com- clear disaster at Chernobyl; mittee on the Judiciary be authorized Whereas the Chernobyl Forum’s examina- The PRESIDING OFFICER. Without to meet during the session of the Sen- tion of the catastrophe has contributed to objection, it is so ordered.

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2800 CONGRESSIONAL RECORD — SENATE May 9, 2011 ORDER FOR ADJOURNMENT land, which makes the United States of macies from producing it, further so- Mr. REID. Mr. President, if there is America the most unique country of lidifying KV Pharmaceutical’s monop- no further business to come before the any on the face of this Earth. olization in the marketplace. All the Senate, I ask unanimous consent that I am pleased to commend him today while, pregnant women are left without it adjourn under the previous order fol- on the celebration of his 25th anniver- the critical medicine their doctors pre- sary representing the Georgia Associa- lowing the remarks of Senator ISAKSON scribe for them, and either taxpayers of Georgia. tion of REALTORS. foot the bill, insurance companies foot The PRESIDING OFFICER. Without Mr. President, I yield the floor, and I the bill, driving the price up, or women objection, it is so ordered. suggest the absence of a quorum. simply do without, increasing the num- The Senator from Georgia. The PRESIDING OFFICER. The ber of miscarriages, increasing the clerk will call the roll. number of low-birth-weight babies, in- f The legislative clerk proceeded to creasing the cost to taxpayers, and in- CONGRATULATIONS TO KEITH call the roll. creasing the heartache in mother after HATCHER Mr. BROWN of Ohio. Mr. President, I mother and father after father. ask unanimous consent that the order Fortunately, in an unusual re- Mr. ISAKSON. Mr. President, I rise for the quorum call be rescinded. sponse—unusual in the sense that this on a point of personal privilege to com- The PRESIDING OFFICER. Without case was so dramatically outrageous mend a gentleman from Georgia, Mr. objection, it is so ordered. Keith Hatcher. and unbelievably greedy on the part of f Twenty-five years ago, when I KV Pharmaceutical executives—the worked with my father—my father, PROFIT OVER HEALTH FDA did something it doesn’t normally among other things, was the past presi- Mr. BROWN of Ohio. Mr. President, do: It asserted its authority and made dent of the Georgia Association of RE- yesterday across this country, we cele- clear it would not enforce the cease ALTORS. I remember one afternoon he brated Mother’s Day, marking the con- and desist order. What was KV’s re- came into my office and said: Son, we tribution of mothers across our coun- sponse after the public outrage, after just hired someone today who is going try. But 2 months ago, the health of the refusal to enforce the cease and de- to be special. His name is Keith Hatch- tens of thousands of expectant mothers sist order, therefore allowing the phar- er. I want you to be sure and look him and their unborn children was threat- macies to keep producing the pro- up the first time you get a chance. ened by a drug company putting profit gesterone? It reduced the price from Well, about a week later I met Keith. over public health. Two months ago, $1,500 a dose—remember, it was $10 per I was then a member of the Georgia there was justified public outrage that dose as recently as 3 months ago. They Legislature, and I showed him around a the cost of a drug hormone, progester- take a shot every week for 20 weeks little bit. He became the assistant to one, to prevent premature births went during the pregnancy. It was $10 a dose, John Cox, who had been the venerable from approximately $10 a dose—20 and they raised it to $1,500. But do you representative of the REALTORS for doses are needed through the course of know what they did after the FDA and years in that State. I saw that spark in a pregnancy—to $1,500 per dose. The en- a small number of Democratic Sen- Keith Hatcher’s eye, and I knew he was tire course of the 20-week treatment, ator’s pushed them, embarrassed them going to be a great one, and a great one therefore, was about $200 three months in public? They brought the price down he has been. ago. Two months ago, it went to to $690 a dose. It went from $10 when In his 25 years representing the Geor- $30,000—$200 to $30,000. compounding pharmacies were doing it, gia association and landowners and This was once an affordable, common to $1,500 when they thought they could homeowners around our State, he has treatment to help women facing high- get away with it, to $690—as if they fought hard for limitations and curbs risk labor. I visited Toledo Children’s thought they were doing America’s on the power of eminent domain, Hospital, MetroHealth in Cleveland, women a favor. That means instead of fought hard for lower ad valorem taxes and St. Elizabeth’s Health Center in it being $30,000 for the whole cost of the and transfer taxes, and fought hard for Youngstown to hear directly from pa- pharmaceutical, the 20 doses, it would reform of landlord-tenant laws. He has tients and physicians and hospital ex- be about $15,000. What a bargain. On worked day in and day out for the land- ecutives about how the outrageous top of that, they did what companies owners of our State and for the REAL- price increase affects them. Patients whose hands are caught in the cookie TORS of our State, and he has done it explained what it was like to overcome jar always do: They hired high-powered in the most professional, comprehen- a previous miscarriage and rely on this Washington, DC, lobbyists to fight for sive way anybody could possibly do it. progesterone to carry to full term their rights, this exclusivity for this He has another great story to tell. today. Physicians and public health ad- drug, trying to prohibit the critical Keith faced a significant health hazard vocates explained the risk to women work of compounding pharmacists. just a few years ago. He was about to and children’s health if the therapy I agree with drug companies; gen- lose a kidney, and he could have lost were no longer affordable and acces- erally they need to recoup their invest- his life, but he went through a trans- sible. Hospital administrators and ment. I want America’s drug compa- plant program in Birmingham, AL. The State Medicaid directors worried what nies to do the boldest, most innovative, transplant was successful, and he reha- such an exorbitant increase would most progressive research in the world, bilitated himself. Today, he works as mean to already-stretched budgets. and I want them to make a profit doing hard as he did before the injury. Impor- Meanwhile, several colleagues and I it so they can afford to do it and keep tantly, as well, he works as a member began to ask questions about how and doing it. They should reflect the of the board of the National Kidney why the increase happened in the first amount of R&D to bring drugs to mar- Foundation helping to raise money to place. We are concerned about how ket, the cost of their manufacture, the support the transplant program so oth- companies, private companies, abuse cost of their distribution, but in the ers who are afflicted as he was will the FDA approval process or manipu- case of this progesterone, the case of have the same cure he has had. late existing rules to shortchange con- this pharmacy compound, taxpayers— So this week, as the REALTORS sumers while those companies reap in this case, through the National In- from Georgia come to town, as I think massive windfall profits. That is espe- stitutes of Health—funded the initial they will from every other State of the cially so because, in addition to research and continue to fund critical Union, to talk to the Members of the affixing such a high cost to the drug, research on premature births. KV Senate about laws that affect their in- this company, KV Pharmaceuticals Pharmaceutical didn’t do the research; dustry and their profession, the one from St. Louis, sent a letter threat- they bought the exclusive rights to a from Georgia will be led by Keith ening a cease and desist order to monopoly by reimbursing another com- Hatcher. As he has for the last 24 years, compounding pharmacies—those phar- pany—contracting with them—I be- he will be a voice for home ownership, macies that actually make their own lieve that actually conducted the clin- a voice for lower taxation, and a voice progesterone, in this case—a cease and ical trials and incurring the costs need- for wide distribution and ownership of desist order to prevent these phar- ed for FDA approval.

VerDate Mar 15 2010 05:27 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S09MY1.REC S09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 9, 2011 CONGRESSIONAL RECORD — SENATE S2801 Something is very wrong when a After I became pregnant with Ryker, I was to the table and work with us so we can company with limited R&D invest- monitored closely and started the progester- make this very important pharmacy ments can grossly overprice a drug one shots at 16 weeks which continued compound accessible to all American that in its absence virtually guaran- through 36 weeks. women whose doctors prescribe it to tees an increase in premature births. She had these shots through 20 con- them. Think of the greed involved here. secutive treatments, once a week for 20 I yield the floor. They paid some number of millions of weeks. f dollars to do a clinical trial, which was I am convinced that these shots allowed a good thing. They then brought the me to carry the pregnancy to term. ADJOURNMENT UNTIL 10 A.M. price from $10 to $1,500—times 20, Interrupting the letter for a moment, TOMORROW understand that when a doctor sees again, with the number of doses people The PRESIDING OFFICER (Mr. need in their treatment. With an ini- someone like Karen who has had a MERKLEY). Under the previous order, pregnancy like she had where a baby tial investment of less than $200 mil- the Senate stands adjourned until 10 was born that prematurely, that doctor lion, the first year they would have a.m. tomorrow. understands that a progesterone like reaped over $3 billion in revenue. Those Whereupon, the Senate, at 6:58 p.m., this progesterone we are talking about are the kinds of numbers they were op- adjourned until Tuesday, May 10, 2011, can make a huge difference in her car- erating on, as if that is fair. at 10 a.m. When a company used taxpayer-fund- rying her baby to full term. ed research to produce a drug so impor- Ryker was born at 38 weeks on October 30, f tant that it reduces infant mortality 2009, my Halloween baby. My husband is a and birth defects, that company should Columbus firefighter and I am an attorney NOMINATIONS also take on the responsibility for pric- practicing in workers’ compensation. We Executive nominations received by ing it in a reasonable manner. But look forward to more children in the near fu- the Senate: ture, but the cost of this shot concerns us DEPARTMENT OF DEFENSE prices should never be inflated, par- greatly. We have experienced the horrible ticularly on a public health drug where pain of losing a child. No mother or father BARBARA K. MCQUISTON, OF CALIFORNIA, TO BE AN this company did not do the basic should have to go through this pain. ASSISTANT SECRETARY OF DEFENSE. (NEW POSITION) DEPARTMENT OF STATE foundational research; all it did was She writes, signed: pay for clinical trials that did not MICHAEL H. CORBIN, OF CALIFORNIA, A CAREER MEM- Sincerely, Karen, Thad, Ryker and Tyler prove much more than we already BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- Turano. ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- knew. A company should never be al- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES lowed to inflate prices of a public Today is Karen’s birthday, coinciden- OF AMERICA TO THE UNITED ARAB EMIRATES. tally. She celebrates with her son JEFFREY DELAURENTIS, OF NEW YORK, A CAREER health drug to reap these kinds of mas- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF sive profits, nor should the FDA ap- Ryker and husband Thad and other COUNSELOR, TO BE ALTERNATE REPRESENTATIVE OF family and friends—and she does with THE UNITED STATES OF AMERICA FOR SPECIAL POLIT- proval process ever be manipulated to ICAL AFFAIRS IN THE UNITED NATIONS, WITH THE RANK achieve that same end, which it was. Tyler in her memory. I thank Karen OF AMBASSADOR. for sharing her story and the patients JEFFREY DELAURENTIS, OF NEW YORK, A CAREER While balancing the benefits of cor- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF porate profit—and I understand the in Toledo, Cleveland, Youngstown, and COUNSELOR, TO BE AN ALTERNATE REPRESENTATIVE across our Nation and State who have OF THE UNITED STATES OF AMERICA TO THE SESSIONS balance, and I want the companies to OF THE GENERAL ASSEMBLY OF THE UNITED NATIONS, continue to invest and move ahead— spoken about this, who deserve the af- DURING HIS TENURE OF SERVICE AS ALTERNATE REP- fordable and accessible treatment they RESENTATIVE OF THE UNITED STATES OF AMERICA FOR while it can be challenging balancing SPECIAL POLITICAL AFFAIRS IN THE UNITED NATIONS. corporate earnings and societal bene- need. I am optimistic we can continue JEANINE E. JACKSON, OF WYOMING, A CAREER MEM- to find ways to ensure that the major- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- fits, we can’t lose sight of our responsi- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- bility to make innovative medicines ity of women in this country will still DINARY AND PLENIPOTENTIARY OF THE UNITED STATES have access to affordable versions of OF AMERICA TO THE REPUBLIC OF MALAWI. available and accessible to as many WILLIAM H. MOSER, OF NORTH CAROLINA, A CAREER people as possible. this critical lifesaving injection. It MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF should not take public outrage, it MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- I would like to close with a story DINARY AND PLENIPOTENTIARY OF THE UNITED STATES about why all this matters. Not too should not take congressional action, OF AMERICA TO THE REPUBLIC OF MOLDOVA. it should not take the FDA altering a MATTHEW H. TUELLER, OF UTAH, A CAREER MEMBER long ago—last month, I guess it was, OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- early April—I was in Port Columbus policy it normally doesn’t alter for a COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND company to do the right thing. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA International Airport about to fly to TO THE STATE OF KUWAIT. Mr. President, as you know, with the Washington when Karen Turano, whom HARRY S TRUMAN SCHOLARSHIP FOUNDATION I never met before, walked up to me to unemployment in your State and the unemployment in my State and the LAURA A. CORDERO, OF THE DISTRICT OF COLUMBIA, share her story. She has since e-mailed TO BE A MEMBER OF THE BOARD OF TRUSTEES OF THE after our discussion where she talked problems we have as a nation on so HARRY S TRUMAN SCHOLARSHIP FOUNDATION FOR A many levels, this is particularly out- TERM EXPIRING DECEMBER 15, 2015, VICE JUANITA about this drug, and she sent me this ALICIA VASQUEZ-GARDNER, TERM EXPIRED. rageous because this progesterone is a letter: THE JUDICIARY public health pharmacy compound that I met you at the Columbus airport with my has worked and meant many more STEPHEN A. HIGGINSON, OF LOUISIANA, TO BE UNITED husband Thad and our 17-month-old son STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT, VICE Ryker. Again, I just wanted to say thank women will have safe births with grow- JACQUES L. WIENER, JR., RETIRED. you for the work you are doing to make the ing, healthy children, contrasted with, IN THE NAVY progesterone shots affordable again. if they do not have the opportunity to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Our first son, Tyler, was born August 18, get this progesterone at a reasonable IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: 2008 and passed away the next day, August rate, at a reasonable price, we know 19, 2008. I prematurely went into labor at 24 what happens then. But rest assured, To be rear admiral weeks and had an emergency C-section. we will keep up the outrage, and we REAR ADM. (LH) WILLIAM E. LEIGHER Tyler was born at 9:59, weighing 1 pound 10 will continue to move through Con- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ounces. IN THE UNITED STATES NAVY TO THE GRADE INDICATED Thad went to be with [my son] since I was gress, if that is what it takes, to get UNDER TITLE 10, U.S.C., SECTION 624: recovering from surgery. He called me early progesterone at an affordable price to To be rear admiral the next morning and told me the worst news America’s women. REAR ADM. (LH) DOUGLAS J. VENLET a new mother could hear: There was nothing It is an outrage what KV Pharma- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT more that could be done and that Tyler IN THE UNITED STATES NAVY TO THE GRADE INDICATED ceuticals did. I applaud the FDA for UNDER TITLE 10, U.S.C., SECTION 624: would pass away. My mother-in-law took me changing its policy to make it more ac- To be rear admiral to see and hold Tyler for the first and last cessible. time in his precious life. It was devastating. I ask KV Pharmaceuticals to again REAR ADM. (LH) DAVID C. JOHNSON Thad and I have since worked with public THE FOLLOWING NAMED OFFICER FOR APPOINTMENT health advocates to raise awareness on ways come to the table. Instead of lobbying IN THE UNITED STATES NAVY TO THE GRADE INDICATED to prevent premature births—while following Congress to get their way and make a UNDER TITLE 10, U.S.C., SECTION 624: doctor’s orders to wait 6 months before we huge amount of money on a relatively To be rear admiral tried again. small investment, I ask them to come REAR ADM. (LH) DONALD E. GADDIS

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THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHNATHAN M. ARTIS ERIC M. BLAKELY IN THE UNITED STATES NAVY TO THE GRADE INDICATED WILLIAM C. ATKINS LUKE A. BLEDSOE UNDER TITLE 10, U.S.C., SECTION 624: GREGORY BRIAN AUERBACH PHILLIP S. BLEVINS SCOTT E. AXELSON JON D. BLIDE To be rear admiral TENOCH J. AZTECATL RONNIE KEITH BLOUNT CURTIS S. BAACK REAR ADM. (LH) BARRY L. BRUNER NIA K. BLUFORD ANDREW J. BABIARZ GREGORY R. BODENSTEIN REAR ADM. (LH) JERRY K. BURROUGHS JEFFREY M. BACHERT JEFFREY A. BODWELL REAR ADM. (LH) JAMES D. CLOYD CHRISTIAN BACKHAUS DANIEL E. BOEH REAR ADM. (LH) MICHAEL T. FRANKEN RUSSELL S. BADOWSKI DARIN R. BOEN REAR ADM. (LH) BRADLEY R. GEHRKE JAY P. BAER ANNETTE S. BOENDER REAR ADM. (LH) ROBERT P. GIRRIER JONATHAN B. BAIZE PAUL M. BOGACZ REAR ADM. (LH) PAUL A. GROSKLAGS BRIAN J. BAKER SHANE M. BOHLMAN REAR ADM. (LH) SINCLAIR M. HARRIS JACOBY L. BAKER JAROD KRISTEN BOLDT REAR ADM. (LH) MARGARET D. KLEIN STEPHEN D. BAKER BEDE A. BOLIN REAR ADM. (LH) RICHARD B. LANDOLT STEVEN N. BAKER BARTON J. BOMA REAR ADM. (LH) BRIAN L. LOSEY MIRANDA S. BALDWIN CHRISTOPHER K. BONAR REAR ADM. (LH) WILLIAM F. MORAN ERIC J. BALL ANGELO M. BONAVITA REAR ADM. (LH) TROY M. SHOEMAKER LUCAS D. BALL DOMONIC S. BONELLO REAR ADM. (LH) DIXON R. SMITH JASON G. BALLARD STEPHEN L. BONIN REAR ADM. (LH) ROBERT L. THOMAS, JR. KIMBERLY A. BALLENSKI KEITH R. BONSER IN THE MARINE CORPS ERIC A. BALLEW JOSEPH S. BOOKER, JR. EDWARD R. BALZER MATTHEW W. BOOTH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL R. BALZOTTI JEFFREY M. BORKOWSKI AS COMMANDER, MARINE FORCES RESERVE TO THE THOMAS J. BANASZAK JOSEPH J. BORRELL GRADE INDICATED IN THE UNITED STATES MARINE MELISSA RUFF BANISTER DENNIS M. BORRMAN CORPS WHILE ASSIGNED TO A POSITION OF IMPORTANCE DANE M. BANNACH JESSICA K. BORRMAN AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS GREGORY R. BARBER ROSA C. BOSWELL 601 AND 5144: JOSEPH A. BARBER ANDREW M. BOUCHARD RICHARD BARBER ROBERT E. BOUCHILLON To be lieutenant general KAREN D. BARBOUR BRADLEY N. BOUDREAUX MELINDA K. BARBOURWORD JOEL C. BOURNE MAJ. GEN. STEVEN A. HUMMER LINUS J. BARLOON II ANDREW B. BOWENS IN THE AIR FORCE NEILS C. BARNER TRACI L. BOWMAN DOUGLAS R. BARNES BRAD P. BOWYER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMIE L. BARNES BROOKE E. BOZARTH IN THE GRADE INDICATED IN THE REGULAR AIR FORCE MELANIE S. BARNES BRADLEY E. BRADDOCK UNDER TITLE 10, U.S.C., SECTIONS 531(A) AND 716: NICHOLAS M. BARNES GARY A. BRADLEY ROBERT J. BARNES KEVIN R. BRADLEY To be major SANDRA KAY BARNES TIMOTHY BRADY PETER J. AVALOS MELVIN L. BARNHILL III BROOKE K. BRANDER KIMBERLY N. BARR HERMAN BRANDON III THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANIELLE J. BARRASS DAVID WILLIAM BRANDT, JR. TO THE GRADE INDICATED IN THE UNITED STATES AIR JASON R. BARRASS OLGA H. BRANDT FORCE UNDER TITLE 10, U.S.C., SECTION 624: ERIN MICHELL BARRETT ROBERT G. BRANHAM To be major HOLLIE A. BARRETT GREGORY J. BRAULT BRUCE D. BARRY JASON C. BRAUN MICHAEL W. AAMOLD ANDREY BARSHAY ROBERT L. BRAWLEY, JR. NATHAN J. ABEL JASON R. BARTA JEFFREY D. BRAXTON RYAN E. ABELLA PATRICE E. BARTH VAUGHN S. BRAZIL KEITH A. ABSTON RICHARD J. BARTHOLOW ANTHONY WADE BRECK ADAM D. ACKERMAN ARTHUR C. BARTON MARK W. BREED JASON M. ADAMS MICHELLE A. BARTZ TAMMY LYNN BREINER MICHAEL A. ADAMS STEVEN F. BARYZA DAVID A. BREITENBACH ROBIN E. ADAMS RUSSELL D. BASTIAN ROBERT L. BRELAND STEVEN A. ADAMS MICHAEL T. BATCHELOR, JR. JASON T. BRESLEY TODD J. ADAMS LUKE A. BATES DERRICK W. BREWER BRIAN C. ADKINS BYRON F. BATEY PAUL J. BREWER JASON M. AFTANAS ANGELA BATTS KELLY A. BRIDGEFORTH ALLEN Y. AGNES JEFFERY M. BAUMGART ONASSIS E. BRIDGERS BRADFORD K. AIKENS HERMAN L. BAXTER CHAD JAMES BRIGGS ERICA M. AKIN BENJAMIN A. BEADLES DAVID S. BRILL DAVID A. ALBIN JOSEPH DELANE BEAL BILLY F. BRINSFIELD III MICHAEL JOHN ALBRECHT DANIEL P. BEALL SANTOS BRIONES FREDERICK A. ALCAZAR ANTHONY R. BEAN WILLIAM L. BRITTON NICOLAS S. ALCOCER ADRIENNE DEANNA BEARD STEPHEN J. BROGAN WESLEY J. ALDERMAN JEANCLAUDE BEASLEY PATRICK D. BROM NATHAN G. ALEXANDER MICHAEL A. BEAUDET MATTHEW R. BROOKS TROY E. ALEXANDER MEREDITH A. BEAVERS MICHAEL D. BROOKS SHANE W. ALFAR BRYAN K. BECK MARK EDWARD BROW MICHAEL C. ALFARO ANDREW I. BECKETT ANDREW F. BROWN III MICHEL D. ALLAIN CARL F. BECKEY ARLENE CECILIA BROWN DAVID K. ALLAMANDOLA DOUGLAS M. BECKMAN, JR. AYANNA T. BROWN ANTHONY J. ALLEN KENNETH B. BEEBE III BETHANY J. BROWN BRADLEY B. ALLEN RYAN M. BEHRINGER DONALD DANLEY BROWN WILLIE J. ALLEN II ALFORT BELIN III DUSTIN W. BROWN SHAREEF J. ALMASRI ISAAC T. BELL GABRIEL C. BROWN MATTHEW R. ALTMAN JONATHAN B. BELL JAMES P. BROWN BRIAN N. ALVAREZ MATTHEW L. BELL JERRAD H. BROWN ERIC G. ALVAREZ MATTHEW M. BELLE MARK F. BROWN RYAN M. ALVEY RENE D. BELLO REBECCA S. BROWN MICHAEL W. ALWES, JR. JOSEPH P. BELLUCCI RICHARD ARAM BROWN RYAN T. AMBROSE DEAR BELOVED ROBERT H. BROWN SEAN R. AMES JOHN D. BELT ROBERT J. BROWN MATTHEW P. ANASTAS CHRISTOPHER P. BENDIG STEVEN G. BROWN, JR. ALISON M. ANDERS TIFFANY H. BENDORF WILLIAM L. BROWN CHRISTOPHER S. ANDERSEN JOHN T. BENGTSON JASON FORBES BROWNE DAVID M. ANDERSON ANDRES BENITEZ JOSEPH S. BROWNING EDWARD L. ANDERSON BRANDON S. BENNETT KELLIE M. BROWNLEE JEFFREY P. ANDERSON CHRISTOPHER J. BENNETT ANDREW R. BRUCE JOSHUA THOMAS ANDERSON HEATHER M. BENNETT MATTHEW R. BRUCKNER KEITH M. ANDERSON DANIEL RAY BENTLEY BENJAMIN T. BRYANT MATTHEW K. ANDERSON DOUGLAS WILLIAM BENTON LEE W. BRYANT MICHAEL J. ANDERSON JAVIER L. BENTON MARK B. BUCHY PETER B. ANDERSON KJIRSTIN A. BENTSON BRIAN J. BULLEY TOMMY G. ANDERSON, JR. GORDON E. BERAN II JOHN S. BULMER ROBERTO A. ANDINOBERTIEAUX JACOB R. BERGMANN CHRISTOPHER D. BULSON ROBERT JAMES ANDREE MET M. BERISHA JOYCE A. BULSON SCOTT ANDRESEN CLIFFORD F. BERMODES, JR. NATHAN D. BUMP NATHAN P. ANDREWS GEORGE E. BERRY DANIEL A. BUNCH IONIO Q. ANDRUS MARK J. BERTHOT ROGERNETTA BURBRIDGE STEVEN E. ANGELOFF SCOTT F. BEUSCH ERIC W. BURGER KAREN A. ANGLIN JAMES C. BEYER SHANNON M. BURKE JUSTIN A. ANHALT FRANK A. BIANCARDI FRANK R. BURKS JASON P. ANNIS JASON P. BIANCHI KEVIN F. BURNS TONY S. APONTE JOSHUA M. BIEDERMANN MICHAEL L. BURRELL MATTHEW APRICENO MICHAEL P. BIELAS CHARLES R. BURRIS ERIC D. ARCARA MARK C. BIGLEY CODY R. BURROUGHS JONATHAN L. ARD KEVIN M. BILLUPS MICHAEL S. BURTON PAUL M. ARKWELL ADAM DEWAIN BINGHAM BRIAN M. BUSCHUR TIMOTHY L. ARMENDINGER DAVID R. BIRD DONALD R. BUTCHER, JR. MATTHEW T. ARMSTRONG JONATHAN D. BIRNBAUM JONATHAN W. BUTTS PATRICK H. ARNN ROBERT E. BITTNER ROBERT M. BYRD TRENT E. ARNOLD FREDDIE W. BIVENS BLAIR W. BYREM WILLIAM J. ARNOLD JEFFREY R. BLACKBURN GERARDO CABALLERO STACIE M. ARRASMITH JOHN G. BLACKBURN DAVID A. CABAN JAMES F. ARTHUR DAVID J. BLAIR JAYSON WILLIAM CABELL

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BERNIE F. CABILES JOSHUA J. CHUMLEY MICHAEL J. CURRY JONATHAN A. CABILLAN LANCE W. CHURCH STEVEN D. CURTIS ANABELLE CABREJA KATHLEEN MARIE CICHON TONY L. CURTIS, JR. ROBIN E. CADOW MARK E. CIPOLLA TODD A. CURTRIGHT ERNEST L. CAGE CHAD KENNETH CISEWSKI JONATHAN R. CZARNEY MATA ELMO CAIN CORY L. CLAGETT KEVIN PATRICK DACY PATRICK D. CAIN JOSEPH C. CLANCY BENJAMIN G. DAINTY JAMES T. CALDWELL JOSEPH A. CLAPSADDLE SHIRAZ DALAL JESSE P. CALDWELL ANDREW D. CLARK BRYAN A. DALTON JOHN D. CALDWELL BRIAN C. CLARK JEFFREY M. DAMRON SHANNON D. CALEB DAVID BONE CLARK III ROBERT D. DANYLUK BENJAMIN G. CALHOON DAVID L. CLARK HOWARD K. A. DARLING JOHNNY CALHOUN MCKAYLA C. CLARK ROBERT D. DAUGHERTY PAUL J. CALHOUN SHARBE L. CLARK TERRY M. DAUGHERTY NELSON D. CALIMLIM, JR. ADAM E. CLARY SUSAN K. DAVENPORT BRYAN A. CALKIN RYAN CHARLES CLAYCAMP RYAN J. DAVIDSON RICKY CAM CLARK K. CLAYTON CHRISTOPHER F. DAVINO WILLIAM A. CAMBRON WILLIAM J. CLAYTON III BRADLEY G. DAVIS GLENN S. CAMERON JOHN T. CLEGG BRIAN SANDERS DAVIS JEREMIAH J. CAMP ANDREW G. CLEMMENSEN DONAVON R. DAVIS ANTHONY P. CAMPBELL JOSEPH G. CLEMMER GERALD D. DAVIS CHARLES D. CAMPBELL, JR. JEFFREY JOHN CLESSE JASON A. DAVIS ERICA CATHERINE CAMPBELL DAVID M. CLONTZ JAMES M. DAVITCH JOHN M. CAMPBELL CARL P. CLOSE CHRISTOPHER M. DE WINNE JOSHUA S. CAMPBELL JONATHAN D. CLOUGH JASON EDWARD DECOURCEY STEPHEN A. CAMPBELL BRYAN M. CLUNE NICHOLAS J. DEFAZIO PAUL A. CANCINO THOMAS C. CO PAMELA J. DEFAZIO JAMES ANTHONY CANTRELL ANTHONY S. COATS MARK ALAN DEGENHARDT HUBERT J. CANTWELL CHRISTOPHER J. COBB RYAN J. DEIS DAVID T. CAPONIO BRETT W. COCHRAN JULIO A. DELANOY JAMES M. CARBONE II SHAWN E. COIL CIRO E. DELAVEGA III DOMINIC A. CARDELLA JEREMY W. COLE JEROME C. DELEON GUERRERO MARCO A. CARDENAS JOSHUA ALLEN COLE CHARISSA V. DELION ROWLAND CARDONI JOSEPH A. COLELLA JOHN G. DELION BENJAMIN DONALD CARICOFE IRIS P. COLEMAN JAMES L. G. DELPH ANTHONY MAURICE CARISTI LINCOLN T. COLEMAN JAMES Z. DEMCHAK MARK E. CARL CHRISTIAN E. COLLAMORE SEAN G. DEMETER CHRISTOPHER J. CARNDUFF DANIEL M. COLLETTE JAMES J. DEMIS IAN CHRISTOPHER CARNEY GEORGE E. COLLINGS KATHRYN A. DENDEKKER SPEIGHT H. CAROON CHRISTOPHER M. COLLINS GORDON Z. DENG BRENT S. CARPENTER JEFFREY P. COLLINS ALBERT S. DENNEY BRIAN N. CARPENTER JOSE M. COLON ANDRETTA L. DENNIS ROBERT B. CARPENTER KENYA E. COLON DAVID M. DEPIAZZA TODD E. CARPENTER JAMES V. COMPOLI JODELL A. DEREUS PATRICK F. CARPIZO WILLIAM M. COMPTON JACLYN N. DEROUSH JOSEPH W. CARR, JR. NICHOLAS A. CONDON BRAD JUDE DESMITH ROBERT E. CARREIRO NICHOLAS J. CONKLIN JARED T. DETLOFF NATHAN J. CARRELL DOMINIC D. CONLAN JENNIFER K. DETTMER VICTOR CARRILLO MICHAEL K. CONLEE ROBERT KRISTOPHER DEUEL JOHN J. CARROLL III PATRICK M. CONNELLAN MATTHEW J. DEUFEMIA MARCUS JAMES CARROLL GEOFFREY B. CONNICK MERSADIES N. DEVLIN WARREN A. CARROLL CHRISTOPHER J. CONOVER WILLIAM W. DEWALT ANTHONY L. CARSON JOHN J. CONTRERAS DARIN D. DIAL CHRISTOPHER M. CARSON DANIEL W. CONVERSE SANDRA JANE DIAS BROOKE K. CARTER ANDREW L. COOK JESUS DIAZ JAMES M. CARTER DAVID M. COOK GEORGE S. DIBBLE JOSHUA L. CARTER LANE A. COOK MATTHEW B. DIBBLE JAYLENE S. CARTERET MARLIS C. COOK EDWARD F. DICE, JR. LOUIS R. CARVIN TREVOR M. COOK BRYAN E. DICK WILLIAM R. CASAREZ EDITH D. COON JOHN M. DICKENS NATHAN A. CASE AARON M. COOPER JONATHAN C. F. DIEDRICH JOHN P. CASEY CHRISTOPHER B. COOPER JEREMY SCOTT DIERINGER TIMOTHY B. CASEY II GARY L. COOPER MARK J. DIESING TODD J. CASKEY PAUL M. COOPER MARCKENSON DIEUJUSTE MATTHEW S. CASPERS CHRISTOPHER CORBETT JAMES K. DILLARD CHRISTOPHER M. CASS LISA M. CORLEY STEVEN P. DILLENBURGER JOSHUA H. CASSON JOSEPH A. CORPENING DANA M. DILLING JEREMIAH CASTILLO ROBERT T. CORSI NORMAN NERU M. DIMALALUAN CHRISTOPHER T. CASTLE JOHN B. CORTNEY DAVID T. DINAN PATRICIA CASTRO CHRISTOPHER E. CORYELL MAXWELL D. DIPIETRO CATHLEEN E. CASWELL GARY S. COSTELLO KYLE M. DISHMAN DAVID C. CASWELL PAULA C. COTTRELL TAMILYN S. DISMUKES DARRELL L. CATES BENJAMIN W. COUCHMAN DANIEL W. DITTRICH DAVID J. CATHELL DANIEL LEE COULTER DION R. DIXON CAREY H. CAUDELL ERIC A. COULTER KENNETH E. DIXON III RYAN F. CAULK KELLIE S. COURTLAND PHILLIP M. DOBBERFUHL ANDREW J. CAVALLERO DEANE ERNEST COVER JOHN R. DOBBINS JANIS R. CAVINDER ROBERT M. COWAN MARVIN O. DOBBS DALE L. CAWTHON RYAN N. COX JULIA P. DOCKERY TODD A. CAYER ADAM V. COYNE JUNO H. DOCKUM BRAD W. CAYWOOD CHRISTOPHER L. CRABB ERIC CHARLES DOCTOR THOMAS A. CECH CASEY R. CRABILL RONALD E. DODOLAK THEODORE P. CELEN DUANE A. CRAFT BRIAN A. DODSON DAVID L. CELESTE, JR. TODD M. CRAIG DERRICK R. DODSON AARON S. CELUSTA MARK A. CRAMER TIMOTHY E. DODSON SIOBHAN C. CELUSTA KENT J. CRANE DYLAN D. DOMBRET JOEL D. CEPEDA DENNIS P. CRAWFORD BRIAN R. DONEHUE ADRIAN B. CERCENIA DAVID C. CREECH KEVIN J. DORMER DANIEL A. CHACON GREGORY S. CRESSWELL ANDREW I. DORN GREGORY A. CHAMBERS GREGORY K. CREW DANIEL O. DORRANCE JOSHUA CORY CHAMBERS CARRIE D. CREWS JOEL D. DOSS MICHAEL A. CHAMPAGNE JEFFREY S. CRIDER SCOTT L. DOSS REYNALDO CHAMPION PAUL D. CRILE HARLEY K. DOUBET YINGWAI CHAN JOSEPH PAUL CRISPEN CURTIS W. DOUGHERTY ROY M. CHANDLER, JR. DAMEN MARK CRISWELL PAUL S. DOUGHTY MARK D. CHANG THOMAS H. CRITTENDEN GREGORY S. DOUGLAS PATRICK S. CHAPIN BRIAN L. CROSBY SCOTT K. DOYER JOHN L. CHAPMAN RYAN A. CROWLEY JESSE S. DOYLE JOSEPH D. CHAPMAN VERONIQUE M. CRUIKSHANK JEFFREY A. DRISCOLL TIMOTHY A. CHAPMAN BRIAN T. CRUM CARL A. DRIVER GARY W. CHARLAND, JR. DAVID A. CRUSOE STEVE DROTOS III CHRISTOPHER S. CHARLES FERNANDO J. CRUZ JOSEPH A. DRUMMOND MOLLY T. CHESTER STEVEN E. CRUZ MARK O. DUCKSWORTH COLE GARRETT CHILDERS MICHAEL J. CULHANE MATTHEW R. DUDDERAR JASON R. CHILDS BRIAN D. CUMMINGS JOHN C. DUEMLER III CARRIE LYNNE CHILSON STEPHAN E. CUMMINGS YON P. DUGGER MARK J. CHIOFOLO JAMES BRIAN CUMMINS EMMANUEL VALDEZ DULAY, JR. MICAH R. CHOLLAR RAQUEL W. CUMMINS ERIN M. DUNAGAN BENJAMIN DOUGLAS CHOWN SEAN P. CUNNIFF TIMOTHY J. DUNAGAN JOHN RAYMOND CHRAMPANIS CHARLES R. CUNNINGHAM DAVID JOHN DUNCAN ADRIAN S. CHRISTENSEN IAN M. CUNNINGHAM JAN JAYDEE S. DUNGCA DEVON T. CHRISTENSEN JEFFREY G. CUNNINGHAM CHRISTOPHER DUNSTON RICK D. CHRISTIE MATTHEW A. CUNNINGHAM BRIAN C. DUREN DANIEL P. CHRISTMAN PETER A. CUNNINGHAM FRANK J. DURESKY IV GEORGE ANDREW CHRISTOPH ERIC Z. CURRIE DANIEL P. DUTCHER MAXWELL L. CHRISTOPHERSON TERSHA LEE CURRIER DEREK R. DWYER DENISE A. CHROSNIAK JEFFREY J. CURRY TODD C. DYE

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WILLIAM P. DYER BRIAN M. FLUSCHE BRENT W. GOLEMBIEWSKI JACK A. DYMOND, JR. DEREK B. FLYNN CHUCK B. GOMES JOHN R. DYSON MATTHEW T. FLYNN VAUGHN GONZALEZ DARYL A. EASLER MARK J. FOGEL CREIGHTON ANDREWS GOODMAN SHAUN M. EASLEY DESHAWN C. FOGLE LARRY L. GOODNITE GERALD G. EASTMAN, JR. JOSHUA A. FOGLE RYAN J. GOODWIN RYAN M. EASTON MATTHEW P. FOISY ADOLFO U. GORBEA JOHNATHAN A. ECCLES BRYAN R. FOLEY JEREMY A. GORE BRET ECHARD JOHN E. FOLEY JOEL E. GORHAM JEFFREY WESTON EDENS PATRICK J. FOLEY GREGORY L. GOUGH BRANDON B. EDGE CHRISTOPHER LEE FORD JEREMY L. GOULD JOSEPH O. EDINGTON JAY C. FORD ERICH F. GRADE ANGELA C. EDMONDSON LANCE A. FORD JOSEPH L. GRAHAM III EDDIE EDWARDS, JR. JEFFREY A. FORNESS MONIQUE CHERIE GRAHAM FREDERICK A. EDWARDS DAMEN A. FORTE MICHAEL C. GRANBERRY JENNIFER A. EDWARDS JEREMY P. FORTIER DAVID J. GRASSO KENNETH D. EDWARDS RAYMOND JEFFERY FORTNER AARON T. GRAY NICHOLAS S. EDWARDS LARRY W. FORTSON, JR. ANDREW P. GRAY RODERICK R. EDWARDS BRADLEY S. FOSTER JAMIE P. GRAY STEPHEN R. EDWARDS BYRON C. FOSTER SAMUEL D. GRAY III COY W. EGBERT JOSEPH D. FOSTER, SR. ZACHARY C. GRAY JOSHUA W. EHMEN MATTHEW FOSTER ESTHER M. L. GREEN CHARLES L. EICHNER JASON M. FOWBLE FLOYD F. GREEN ADELEKE O. EKUNDAYO JONATHAN ALLEN FOX KELLI R. GREEN JOSEPH W. ELAM, JR. JONATHAN R. FOX KEVIN G. GREEN MIKAL L. ELDER RUSSELL E. FOXWORTH ARIANE ELISE GREENMAN MANSOUR G. ELHIHI ERIC D. FRAHM ROBERT C. GREESON DAVID W. ELKINS JAMES CHIN KAB FRANCIS HEIDI N. GREGORY MARK D. ELKINS DERRICK R. FRANCK MICHAEL K. GREGSTON JEFFREY E. ELLIOTT SCOTT S. FRANK TIMOTHY GRIFFITH JAMES A. ELLIS, JR. BRANDON L. FRANKLIN JOHN E. GRIFFITHS JAMES C. ELLIS MICHAEL J. FRASCO LAURA L. GRIGGS JASON M. ELLIS KENNETH C. FRAVOR DAVID ALAN GRIGSBY KRISTINA L. ELLIS TANYA A. C. FRAZIER ROBERT E. GRIMMETT III TROY R. ELLIS STEPHEN E. FREEDMAN CHAD RONALD GRONDAHL TYLER J. ELLISON JONAS W. FREEL LORINE A. GROSSO STEWART JAKE ALAN ELSASS AUSTIN J. FREEMAN JON GROSSRHODE PETER T. EMERTON BRENT W. FREEMAN JOHN R. GROTH JAMES G. EMERY NATHANIEL FREEMAN CHRISTOPHER A. GUARENTE ANTHONY E. EMMERLING, JR. RAHSUL J. FREEMAN JARED N. GUDE JAMES K. EMORY, JR. WILLIAM E. FREIENMUTH CHRISTOPHER A. GUERRETTE ANDREW N. EMSLIE MARK JOSEPH FREITAS DAVID B. GUETTLER MICHAEL E. ENDRES BIF B. FRENCH GREGORY M. GUEVARA JESSE A. ENFIELD MEGHAN M. FRIDLEY GEIGER TRAVIS C. J. GUIDT ROSE A. ENGLEBERT ELIZABETH F. FRIEBEL JEROMY B. GUINTHER STEVEN J. ENGLER HARRISON ISAAC FRIED ZACHARIAH C. GUMMERT SCOTT B. ENGLISH SCOTT S. FROHARDT IDOLA HENRY GUNN SAMUEL J. ENSMINGER KENNETH F. FRYAR III DAVID R. GUNTER BRIAN C. EPPERSON TIMOTHY J. FRYAR JENNIFER L. GURGANUS JOSEPH M. EPPERSON JOHN C. FUCCILLO LAURA K. GURGANUS MATTHEW D. EPPLIN CHAD D. FULLER CHRISTOPHER M. GUSTIN ANTHONY PAUL ERARD GARY T. FUNKHOUSER MENOLA M. GUTHRIE BRIAN J. ERICKSON WYCKLIFFE R. FURCRON CATHERINE E. GUTIERREZ CHARLES ALAN ERICKSON JOSHUA L. FUTCH LUPE GUTIERREZ CHRISTINA EILEEN ERICKSON JENNIFER A. FYFFE MICHAEL A. GUY TARA J. ERLANDSON TERRY L. GABLE DAVID H. GWILT JUSTIN WAYNE ERWIN THOMAS P. GABRIELE SCOTT A. HAACK STEPHEN P. ERWIN, JR. KATHRYN K. GAETKE THOMAS W. HAAS KEMMEY J. ESTEBAN RYAN M. GAFFANEY CURT A. HAASE AMY C. ESTES LUIS D. GALLARDO, JR. JAMES E. HABECK GREGORY D. ETTER MICHAEL L. GALLUCCI SAIDA M. HAGE ERIC W. ETTESTAD ALEX S. GAPAS JAMES C. HAGEMIER JASON R. EVANS GLENN A. GARCIA NICHOLAS J. HAHN KAREN VALERIE EVERMAN LUIS A. GARCIA TIMOTHY G. HAHN ANTHONY J. EWERS RUDYARD J. M. GARCIA ROBERT W. HAIRSTON RACHAEL MUNRO OTT FAGAN MICHAEL WILLIAM GARD DAVID A. HAJEK MATTHEW A. FAHRNER HUGH E. GARDENIER MARSHALL E. HAKER ERIC KASMER FANCHER ANNE M. GARDNER CALEB MICHAEL HALEY STEVEN R. FARGO CARRIE R. GARDNER BRIAN P. HALL BRANDON IGNATIUS FARINELLI SEAN B. GARELL MARK E. HALL BRIAN K. FARISS JONATHAN M. GARNER RAYMOND LYNN HALL JEREMY JAKE FARLAINO SHANE W. GARNER SEAN P. HALL BRANDON S. FARLEY BERNADETTE GARRETT JOSHUA M. HALLADA JAYSON L. FARMER KENDA MARIE GARRETT WARREN M. HALLE ERIC C. FARQUHAR MICHAEL D. GARROTT STEVE HAMAMGIAN SHANNON M. FARRELL MATTHEW S. GARVELINK JERRY T. HAMBRIGHT ANTHONY M. FATTIZZI JUDY A. GARZA OMAR J. HAMILTON FRANK FAULHABER IV RICARDO RAUL GARZA REGINALD K. HAMILTON ERIC R. FAULK BRANT A. GAST TUCKER R. M. HAMILTON HERMAN B. FEDRICK JOHN D. GATTONE III JAMES A. HAMMAN WILLIAM J. FEJERAN DAVID JOSEPH GAULIN JOSEPH J. HAMMES HEATHER M. FENNEL AARON RICHARD GAUTHIER GREGORY D. HAMMOND GERALD DAVID FENSTERER TROY JOSEPH GEIGER JOHN S. HAMPEL NICHOLAS G. FERANEC GABRIEL D. GELDERT BETSY DOMBERT HAND GERALD J. FERDINAND BLAKE H. GEORGE JERAD M. HAND WILLIAM M. FERGUSON DANIEL M. GEORGE GREGORY S. HANEY JENNIFER S. FERRAU PHILLIP M. GEORGE JASON C. HANEY LAWRENCE J. FIALA WILLIAM J. GEORGE TIMOTHY B. HANKS PAUL JOSEPH FIASCONARO JASON ROBERT GERARD JASON T. HANSBERGER DANIEL B. FICKLIN JASON A. GERBER ROBERT A. HANSEL SHAWN T. FIEBIGER ERIC J. GERGEN AARON J. HANSEN DAMON G. FIELD SHAUN M. GERMAIN CHARLES G. HANSEN KENNETH W. FIELDS MICHAEL P. GIACOMAZZI DUSTIN H. HANSEN ROBERT A. FIELDS AARON J. GIBBS JAMIE C. HANSEN MANOLITO FIGUEROA KEVIN P. GIBBS BROOKE L. HANSON JOANNE L. FINAN TODD D. GIBBS MICHAEL D. HANSON ROGER L. FINLEY RYAN L. GIBSON STEVEN C. HANSON ERIK S. FISHER JOHN D. GILBERT IV SEAN H. HANSTAD JEFFREY G. FISHER KEVIN B. GILBERT ROBERT H. HARDENSTINE KAREN A. FISHER CELESTINA LUNA GILLOW ADAM D. HARDER MICHAEL JASON FISHER JACOB M. GILMAN JOSEPH J. HARDING BRADLEY W. FISKE ANDREW B. GILMER DUSTIN D. HARMON SPENCER M. FITE MAXIM GIMELSHTEYN JONATHAN D. HARMON KATHRYN E. FITZGERALD JOHN W. GINN THOMAS LOYALL HARNER THOMINA M. FITZGERALD HEATHER L. GINSBURGH EDMUND K. HARRINGTON BRIAN M. FITZPATRICK RYAN N. GIVENS JAMES M. HARRINGTON ROBERT J. FITZPATRICK JASON E. GLANOVSKY CATHY L. HARRIS JAMES T. FLAGG, JR. AHMAD L. D. GLOVER EDWARD R. HARRIS MATTHEW P. FLAHIVE DEANNA D. GLOVER FENCISCO N. HARRIS ERIC A. FLEMING JEFFREY T. GLOVER NEIL J. HARRIS SHAUN S. FLINT ANDREW L. GMYTRASIEWICZ RYAN J. HARRIS MICHAEL J. FLONACHER CORNELIUS T. GODBEE JOSEPH P. HARRISH III THOMAS PIERSON FLOOD DANIEL R. GODWIN BRIAN K. HARRISON FEDERICO FLORES III PERRY B. GOEBEL NATHAN N. HARROLD DAVID M. FLOWERS GREGORY S. GOINS RICHARD K. HARROP JARED L. FLOYD PAUL S. GOLANDO DUSTIN M. HART KEVIN C. FLOYD DAVID W. GOLDEN ERIC W. HART

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JON M. HART MATTHEW W. HOWARD DANIEL R. KATKA REBECCA ANNE HART JOSEPH A. HOWELL KRISTEN R. KAYATA SAMUEL A. HART JOSEPH HOWERTON THOMAS R. KEEBLE ROBERT B. HARTLAGE SEAN F. HOWLETT LISA D. KEENA TRAVIS N. HARTLEY CHRISTOPHER J. HUBBARD JEFFREY E. KEIM BRANDAN M. HARTMANN KRISTIN M. HUBBARD BRIAN S. KELLAM JUSTIN K. HARVEY TOBY M. HUBBARD CHRISTOPHER J. KELLER KEVIN M. HARVEY DONALD E. HUDSON, JR. JONATHAN ABNER KELLER RYAN J. HARVEY SEAN W. HUDSON JAMES P. KELLEY RYAN K. HARVEY BRAD S. HUEBINGER MARY J. KELLEY BRIAN W. HASBROUCK NICK A. HUET AMANDA M. KELLY WILLIAM J. HASSEY BRANDON R. HUFF CHRISTOPHER P. KELLY JACKIE J. HATLEBERG BRYAN C. T. HUFFMAN LATONYA R. KELLY DANA HATTABAUGH JASON RAY HUFFMAN PATRICK J. KELLY MICHELLE A. HAWK ANDREW W. HULL WILLIAM J. KELLY WADE A. HAWKINS GABRIEL M. HULL JOHN W. KENDALL CODY L. HAWKINSON SHAUN JOSEPH HUMPHREY MATTHEW R. KENKEL JAMES H. HAYES III SARAH L. HUMPHREYS JENNIFER E. KENNEDY JOHNNY T. HAYES JAMIE L. HUMPHRIES SABRINE T. KENNEDY TAUNYA W. HAYES STEVEN R. HUNEYCUTT SUSAN B. KENNEY MARSHAL T. HAYLETT JENNIFER E. HUNNICUTT MELISSA L. KEOUGH JOSEPH A. HAYNES ANDREW W. HUNT JASON D. KERBS SCOTT M. HAZY DAVID LOUIS HUNTER STEPHEN J. KERELEJZA DANIEL T. HEALEY BRIAN J. HURLEY JAMES GREGORY KERLEY MATHEW J. HEATHVANHORN ROSS HUSTINGS WILLIAM ROSS KERR RICHARD M. HEBB CASEY JONATHAN HUSTON BARRY M. KETCHIE ROBERT W. HEBERT KRISTIN E. HUSTON JEFFREY S. KETTERLING BRIAN DAVID HECK DOUGLAS J. HUTTENLOCKER AMIT K. KHOSLA JEREMY D. HEDGES MATTHEW T. HYLAND NATHAN W. KIBBY DANIEL B. HEELY MATTHEW L. HYLTON MICHAEL J. KIDD DAWN L. HEFFELFINGER SCOTT THOMAS IACONO SHAWN T. KIDD COLEITHA M. HEFFNER AMY L. IANACONE CHON Y. KIM CHAD L. HEIMAN NICHOLAS R. IHDE DAVID T. KIM OWEN R. HEIN DAVID STEVEN ILLSLEY MARK E. KIMBALL NATHANIEL T. HELD JOHN J. IMHOFF AMBER LYNN KIMBRELL TIMOTHY M. HELFRICH SCOTT W. INFINGER BARNEY T. KING II MICHAEL M. HELGESON JOEY W. INGRAM JAMES C. KING, JR. ROBERT C. HEMBACH JOSH T. IRVINE JOSHUA ARTHUR KING MATTHEW L. HENCKE DAVID S. ISAKSEN MATTHEW L. KING COLIN D. HENDERSON KLAYTON A. IVES KELLI S. KINLEY JENNIFER LEE HENDERSON DERRICK J. IWANENKO ALTON C. KINSEY JOSHUA JAMES HENDERSON JONATHAN IZWORSKI LUCAS J. KIPPERT MARK T. HENDERSON AMBER LEIGH LYNN JACKSON TIMOTHY D. KIRCH RONALD E. HENDERSON DENNIS E. JACKSON DANIELLE R. KIRK JACOB A. HENDRICKSON ELI N. JACKSON TROY R. KIRKBRIDE PAUL D. HENDRICKSON JOSHUA A. JACKSON DAVID M. KIRKENDALL JONATHON I. HENRY ROBERT G. JACKSON KENNETH M. KIRKPATRICK SHELBY B. HENRY STEPHANIE D. JACKSON ALEXANDRA M. KISH MICHAEL J. HENSON BRIAN M. JACOBSEN RANDALL KLATT DAVID M. HENZE MARK D. JACOBSEN RUSSELL HENRY KLAWITTER ANTHONY C. HENZEL RANDY JACOBSON AARON J. KLEIMAN TRAVIS J. HERBRANSON DARREN E. JAMES JACOB A. KLEINSASSER MARIA B. HEREDIA ZINNIA P. JAMES ROBERT J. KLINE JIMMY A. HERNANDEZ DICK A. JANSSEN CLAIR L. KLING MARIO HERNANDEZ JOHN J. JANUSZ KORY R. KLISMITH CARY W. HERNDON III CARLOS B. JAYME JILL S. KLOOSTER JESSE JOHN N. HERRERA JULIA E. JEFFERSON THOMAS KLUSEK, JR. COLIN N. HESS BILLY L. JEFFORDS, JR. BRENT J. KNAPP CHRISTOPHER D. HETRICK DOUGLAS CREELMAN JEFFREY IV JARROD E. KNAPP RANDALL J. HEUSSER CHRISTOPHER G. JEFFREYS DAVID M. KNIGHT CLIFFORD ALLEN HEWITT II ROBERT N. JENKINS, JR. RONALD A. KNIGHT, JR. JOSEPH A. HEXT SHAWN P. JENKINS JOSEPH A. KNOTHE MICHAEL J. HICKAM THOMAS JONATHAN JENKINS AMANDA ELIZABETH KNOTTS DONALD G. HICKS CHRISTOPHER A. JENNETTE GARRETT W. KNOWLAN JUSTIN A. HICKS KIMBERLY A. JENNINGS ADAM GREGORY KNOX SHAWN D. HIGBEE MICHAEL L. JENNINGS SHELDON S. KNUDSEN TRACY SCOTT HIGHNOTE RODGER A. JENNRICH TIMOTHY J. KNUDSON BENJAMIN R. HILD PATRICE D. JERNIGAN ROBERT M. KOCHAN DANIEL J. HILFERTY JOHN M. JEWELL PAUL I. KOECHER NATASHA A. HINKSON BLAINE M. JOERSZ CHRISTOPHER A. KOELTZOW MATTHEW J. HLIVKO MATTHEW W. JOHANNING DANIEL R. KOEPPL PHIL C. HOARD MONIKA MAILEYOSH JOHNCOUR STEVE D. KOLY CHRISTIAN P. HODGE ABBILLYN MARIE JOHNSON ROBERT KOO JUSTIN A. HODGE DOUGLAS JOHNSON MATTHEW W. KOPP LORI R. HODGE ERIC B. JOHNSON ANDREW N. KORSMO JON G. HODGSON JACOB C. JOHNSON NATHAN D. KOSS BRIAN P. HOELZEL JAMIE J. JOHNSON MARCUS K. KRAUSHAAR RANDAL E. HOEWT JENNIFER M. JOHNSON DAVID A. KREBS III HANS G. HOFFMAN LEWIS GREGORY JOHNSON KEVIN L. KRETZ STEPHEN D. HOFMANN TIMOTHY R. JOHNSON MICHAEL P. KREUZER BRYAN J. HOGAN WILLIAM F. JOHNSON III DAVID J. KRITZ SEAN P. HOGGS WILLIAM G. JOHNSON, JR. PATRICK F. KRIZ LUKE A. HOHREITER ZACHARY D. JOHNSON JEREMY T. KRUGER LEE A. HOLFERT JOHN MARK JOHNSTON KYLE R. KRUGER JEFFREY J. HOLLEY KIRK C. JOHNSTON JAMES L. KUCHTA DOUGLAS R. HOLLIDAY TAYLOR J. JOHNSTON TIMOTHY A. KUECHLE RICHARD J. HOLLINGER MICHAEL P. JOKHY MICHAEL N. KUEHNI MICHAEL J. HOLLINGSWORTH ADRIENNE BEATRICE L. JONES TRAVIS J. KUENZI COLLEEN HOLLIS BLAINE WARREN JONES JASON G. KUHL KENNETH A. HOLMES EDWARD E. JONES MICHAEL A. KUMP NICHOLAS H. HOLMES ERIC A. JONES MICHAEL J. KUSSAVAGE BRUCE E. HOLMGREN JEFFREY E. JONES ERIC A. KUT ETHAN D. HOLT MARK F. JONES DANIEL J. KWIATKOWSKI JARED J. HOLT MARK N. JONES ALVIZ T. G. LACANILAO KARENA M. HOLT REBB S. JONES MATTHEW A. LACKEY ROBERT C. HOLT RYAN P. JONES JOSEPH P. LACLEDE CLARINDA T. HOLTON STACY A. JONES JUSTIN N. M. LACOMB MELISSA C. HOLYFIELD STEPHEN G. JONES CHRISTINE G. LADRIDO PAUL B. HOMAN ALVIN G. JORDAN, JR. JOSEPH M. LADYMON ZOLTAN L. HOMONNAY BART A. JORDAN RUSTIN A. LAFURNEY JASON R. HOMRIG JEREMY D. JORDAN MICA TYLER LAKE JASON B. HONABARGER MONICA P. JORDAN BRYAN D. LAMB CALEB J. HONSINGER SETH H. JORDAN LINDSEY D. LAMB ANTWAN T. HOPKINS KENNETH JOSEPH RODNEY A. LAMBERT AUDREY L. HOPPE MATTHEW H. JOSEPH WILLIAM C. LAMBERT CHRISTOPHER L. HOPPIN ORYAN H. JOSEPH PATRICK LOUIS LAMIE JERRY R. HOPSTER ROBBI A. JOUBEN, JR. DAVID M. LAMME MATTHEW I. HORNER ANDREA S. JUDKINS MATTHEW C. LANDE MICHELLE L. HORNER CHARLES A. JUHL WILLIAM A. LANE BENJAMIN CLARK V. HORTON KENNETH KOBEY JUHL ANTHONY L. LANG LISA A. HORTON ALEKSAS R. JUSKYS GLEN G. LANGDON MATTHEW T. HORTON JEFFREY R. KAEPP BROCK E. LANGE JAMES L. HOSEY MATTHEW L. KAERCHER CHARLES G. LANGHOFF SONJA AMBERKUCHM HOSLER KURT LEE KAISER JOHN D. LANGSHAW RICKY L. HOUSE SARAH S. KAISER KYLE D. LANTO MICHAEL J. HOVASTAK SERGEY M. KAPLAN GREGORY NOAH LAPIDAS JARED W. HOWARD ERIKA N. KASPRZAK PIERRE R. LAPLUME

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RICARDO LARA III JASON J. MALEWISKI DALE A. MELTON SHARON E. LARGE JEFFREY P. MALINEN MICHAEL E. MELTON MYRON ALLEN LARRICK EDWARD MANGUAL KEITH A. MELVIN KEVIN D. LARSON JOHN K. MANIBUSAN, JR. VICTOR O. MENAGARCIA MICHAEL D. LARSON ERIC L. MANN DANIEL E. MENDOZA PHILLIP K. LARSON JAMES C. M. MANNA TIMOTHY P. MENGES RICHARD R. LARSON GENE M. MANNER DENNIS G. MENJIVAR FREDERIC LATHROP DAVID C. MANNING STUART R. MENN ANTHONY T. LAU RYAN D. MANTER ALEC J. MENONI MICHAEL J. LAUBACH MICHAEL S. MANUEL NEIL A. MENZIE PHILIP A. LAUGHLIN KEEGAN K. MAPLE JIM L. MERCADO JAMES A. LAWSON CATHRINE J. MARCHESSEAULT WILLIAM G. MERCER CHRISTOPHER C. LAZIDIS RYAN C. MARCOTTE JAMES R. MERENDA DAVID K. LEAHY DANIEL A. MARCUM JASON K. MERRILL DAVID C. LEAUMONT VICTOR M. MARICHAL JONATHAN L. MERRILL MICHAEL D. LEAVER FRANCIS R. MARINO DAVID T. MERRITT KEVIN S. LEAVITT MICHAEL P. MARIOTTI ROBERT D. MERWIN YOGI L. LEBBY MARCUS C. MARIS MATTHEW D. MESHANKO JASON M. LEBLANC JOSEPH P. MARKOWSKI TIMOTHY J. METZ JOSE A. LEBRON ROBERT R. MARLOW SCOTT A. METZLER MICHAEL P. LECCO KEVIN B. MARMILLION DOUGLAS S. MEYER JACOB D. LECK ROBERT C. MARQUEZ KYLE JAMES MEYER BRANDON T. LEDBETTER RONALD ANTHONY MARQUEZ ERIKA L. MEYERS JEFFREY A. LEDERHOUSE EMILY N. MARR CHARLES D. MICHAELS DARRICK B. LEE CAROL L. MARRUJO DERRICK CHARLES MICHAUD JON C. LEE DAVID W. MARSHALL CHRISTOPHER A. MICHELE SHAWN P. LEE ROBERT B. MARSHALL JASON M. MILAD SIYEON LEE TOMMY V. MARSHALL II TERRI S. MILES BENJAMIN D. LEESTMA STEPHEN T. MARTENZ DAVID WESTLEY MILLER JOSHUA J. LEETE DANIELA M. MARTIAN GREGORY R. MILLER JOSHUA M. LEIBEL BRIAN A. MARTIN JARED A. MILLER ELLIOTT J. LEIGH JEFFREY RICHARD MARTIN JASON M. MILLER CHAD E. LEISENRING RICHARD J. MARTIN II NICHOLAS R. MILLER JADE M. LEMERY DAVID CHRISTIAN MARTINEZ ROBERT D. MILLER MARY Z. LENT JOHN A. MARX VIPAWAN MILLER CHRISTOPHER LENYK JASON A. MASCETTA WALTER W. MILLER II CHARRI R. LEONARD ERIC J. MASTERS ZACHARY R. MILLER MICHAEL JAMES LEONARD PETER C. MASTRO AMBER LEE MILLERCHIP MATTHEW E. LESTER ANDREW W. MASUR ANDREW A. MILLIGAN GRETCHEN T. LEWIS ROBINSON R. MATA DAVID G. MILLS JAMES J. LEWIS DAVID E. MATHER JONATHAN L. MILLS LINDA L. LEWIS WILLIAM L. MATHIEU JUSTIN K. MILLS MARC LEWIS SCOTT DAVID MAULDIN PATRICK J. MILLS MATTHEW D. LEWIS PETER J. MAURO RENATA G. MILLS MICHAEL J. LEWIS JASON E. MAYNE BENJAMIN W. MINUS VICTOR S. LEWIS ROMAN R. MAYNES STEPHEN S. MIRACLE RYAN B. LEY JOSHUA P. MAYO CRISTINA M. MIRANDA THOMAS JOSEPH LEYDEN MARC ANTHONY MAZZA, JR. MATTHEW C. MISNER DANIEL THOMAS LIGHT PAUL D. MCARTOR ALFRED C. MITCHELL, JR. BRIAN P. LIGHTSEY MATTHEW JASON MCBLAIR BARRY R. MITCHELL DWAYNE EDWARD LILLER WILLIAM T. MCBRIDE CHRISTOPHER P. MITCHELL MATTHEW D. LILLY CARL J. MCBURNETT, JR. ELI G. MITCHELL MICHAEL R. LILLY, JR. JONATHAN F. MCCALL NATHAN H. C. MITCHELL DANIEL J. LINDLEY JASON M. MCCANDLESS RICK E. MITCHELL DANIEL R. LINDSEY III JASMINE M. MCCANN TIMOTHY M. MITCHELL EWELL D. LINGAR MICHAEL G. MCCARTHY JOEL A. MITRE STEVEN C. LIPINSKI ANTHONY S. MCCARTY BRIAN S. MIX ROYCE MICHAEL LIPPERT THOMAS J. MCCARTY KRISTY L. MIX RYAN M. LIPPERT CHARLES MCCLAIN MICHELLE M. MOBLEY PATRICK W. LITTLE PETER A. MCCLELLAN MICHAEL R. MODESTO REBECCA LITTLE EVE M. MCCLOUD ROSS A. MOL REUBEN J. LITTON PHILIP R. MCCLURE ENRIQUE D. MOLANO ROBERT J. LITWIN MATTHEW T. MCCOACH DANIEL MOLINA ROBERT LIU CHRISTOPHER M. MCCOLLUM ANTHONY R. MOLLISON LARRY C. LLEWELLYN II JON D. MCCOMB DEREK C. MOLLOY LAWRENCE A. LLOYD BRADY S. MCCONNELL JASON TODD MONACO JOSHUA L. LOGIE MICHAEL J. MCCOURT GILDARDO MONCADA, JR. KEVIN B. LOMBARDO BRIAN M. MCCREARY ORVIN R. MONROIG ADAM N. LONG DO HUN MCCUTCHEON CARLOS H. MONTANCES JUSTIN M. LONG TAMARA D. MCCUTCHEON RUSSELL T. MONTANTE, JR. MARK D. LONGENECKER EDMUND R. MCDANIEL REBEKAH G. MONTGOMERY TRAVIS L. LONGMIRE WILLIAM R. MCDANIEL IV MICHAEL S. MONTIER JOSEPH J. LOPEZ KRISTI A. MCDONALD HOWARD THOMAS MOORE ROBERT T. LORD IV WANDA M. MCDONALD KRISTY L. MOORE KEITH E. LORENZ WILLIAM E. MCDOUGALL SAMUEL A. MOORE NATHAN A. LOUCKS ANDREW R. MCDOWELL DAVID J. MORALES KENNETH Y. LOUIE TODD A. MCDOWELL KEITH B. MORENO ROBERT LEE LOUNSBURY WILLIAM L. MCDOWELL JAMES W. MORFORD DAVID L. LOUQUE, JR. PATRICK M. MCGARRY ROBERT E. MORGAN BRIAN T. LOVE DAVID T. MCGARVEY ROBERT IN MORGAN CLARENCE LOVEJOY III THOMAS M. MCGILLICUDDY MIA L. MORIN SEAN E. LOVELL KENNETH M. MCGINNIS ALLEN C. MORRIS, JR. DENNIS K. LOVIN SHAUN M. MCGOWAN CHRISTOPHER A. MORRIS LUIS P. LOZADA JILL R. MCGRAW DAVID C. MORRIS PAUL F. LUCAS, JR. RICHARD E. MCGREEHAN, JR. DONALD A. MORRIS BRYAN R. LUCERO JONTAE S. MCGREW TIMOTHY L. MORRIS LUKE A. LUCERO KENNETH O. MCGREW MARGARET A. MORRISON MEGAN M. LUKA MICHAEL J. MCGREW ROBERT D. MORRISSETTE MATHEW LUKACS JONATHAN W. MCGUGIN JESSE K. MORSE HENRY R. LUKE, JR. ROY KAIPO MCGUIRE WILLIAM B. MORSE TIMOTHY JAMES LUNDBERG RYAN M. MCGUIRE ARNOLD R. MOSLEY HORACE R. LYNCH JOSEPH M. MCHUGH KIMMY L. MOSS JEFFREY S. LYNCH SAMUEL G. MCINTYRE SCOTT D. MOTLEY MICHAEL J. LYNCH JEFFREY E. MCKAMEY GREGORY M. MOULTON MICHAEL R. LYNCH MICHAEL B. MCKENZIE CHRISTOPHER E. MUELLER SHAWN C. LYNCH KINDAL T. MCKINNEY FREDERICK G. MUELLER, JR. RICHARD H. LYON ORTAVIOUS L. MCKINZIE GRAYDON L. MULLER STEPHEN G. LYON DANIEL RICHARD MCLALLEN MICHAEL SCOTT MULLIN PATRICK B. LYSAGHT KEAGAN L. MCLEESE CREIGHTON A. MULLINS LEV S. LYUBCHENKO SCOTT M. MCMAHON NELSON ROBERT MUMA II DOUGLAS W. MABRY STEPHEN C. MCMAHON DAVID T. MUNOZ JEFFREY M. MACK DAVID R. MCMANAWAY WAYNE M. MURANAKA ADAM S. MACKENZIE MARC B. MCMANNON GALAN J. MURPHY LUKIS M. MACKIE BRIAN E. MCMANUS MARK A. MURPHY DAVID L. MACVOY JEFF D. MCMASTER MATTHEW T. MURPHY KEVIN W. MADDEN ROBERTA ELIZABETH MCMICHAEL EAMON R. MURRAY KENNETH A. MADSEN BRIAN WILLIAM MCMILLIN RYAN E. MURRAY RAYMOND MAGALLANEZ, JR. WILLIAM B. MCRAVEN SHANE PATRICK MUSCATO ELMARKO P. MAGEE BRANDON G. MCRAY BRIAN D. MUTO JONATHAN H. MAGILL PATRICK MICHAEL MCSHERRY ANTHONY J. MYERS MICHAEL D. MAGINNESS STEVIE MEDEIROS KIMBERLY A. MYERS DAVID A. MAGOC DANIEL MEDINA JEFFREY E. NAFF JOHN H. MAHAN THOMAS E. MEDLAND, JR. KRISTOPHER C. NAGY SCOTT ANTHONY MAJOR DOUGLAS P. MEDLEY RICARDO NAJERA EDWARD H. MALASKA III BRIAN D. MEEKER KEITH S. NAPOLITANO RICHARD M. MALERBA PHILIPPE K. MELBY JONATHAN S. NAVARRA BOHDAN MALETZ MARK A. MELIN ERIC JOHN NAVARRE

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ERIC N. NAVARRETE CHAD ARTHUR PETERSON JASON RICHARD REYES CHRISTINE NAVARRO CHRISTOPHER D. PETERSON BENJAMIN A. REYNOLDS FRANCIS SHANE NAVARRO ERIC M. PETERSON ERIN S. REYNOLDS RAYMOND A. NAYLOR IV JOSEF N. PETERSON ANTHONY G. RHOADES BRIAN B. NEAL RYAN J. PETERSON BRIAN S. RHOADES LAWRENCE B. MIO NEEDHAM III MICHAEL A. PETRELLA MERLE G. RICHARD ALEXANDER W. NELSON KATHERINE E. PETREN MICHAEL P. RICHARD EMILY B. NELSON NICHOLAS J. PETREN CHAD M. RICHARDS ANDREW C. NEMETH GIA L. PETZ JONATHAN L. RICHARDS BRUCE C. NESTER JAMIE P. PHAIR CASEY E. RICHARDSON ERIC S. NEUBERT BRIAN D. PHILLIPS JASON S. RICHARDSON JESSE H. NEWBERRY DEANNA M. PHILLIPS KARLA S. RICHTER LEA NEWMAN JENNIFER M. PHILLIPS ZACHARY D. RICHTER JUSTIN FRANKLIN NEWTON LANDON K. PHILLIPS RYAN ANDREW RICKERT LOC H. NGUYEN NICHOLAS W. PHILLIPS JOHN J. RIESTER QUOCNAM T. NGUYEN THOMAS E. PHILLIPS, JR. JESSE L. RIGGERT ROBERT W. NICHOLS MARTIN PHILOGENE JOHN M. RIKER STACEY N. NICHOLS WILLIAM M. PHIPPS DANNY GENE RILEY II MICHAEL A. NIELSEN JAY KHAM PHOMAVONG MARGARET MARIE RIOS GREGORY L. NISULA SEAN P. PICCIRILLI DUSTIN C. RIPLEY THOMAS I. NIX ANTHONY L. PICKETT ALEXANDER M. RISEBOROUGH ADAM L. NOBLE BENJAMIN T. PIERCE PATRICIA A. RISNEAR JEFFREY W. NOBLE CRAIG ALLEN PIPER CHRISTOPHER S. RITTER GENE H. NOH STEPHANIE LEIGH PLAIT JEREMY J. RITTER DAVID A. NOLAN ROGER C. PLATTEBORZE BRENT G. RITZKE RYAN P. NOONAN BRETT E. PLUMMER RENEE E. RIVERA NICHOLAS H. NOREUS ZOFIA A. PLUMMER VICTOR J. RIZZO SCOTT T. NORMAN CHRIS P. PLYMALE SHELBY J. ROBB STEVEN NORRIS ARTIS M. POE III BRENT R. ROBBINS PETER CHARLES NORSKY KENNETH POINDEXTER BRIAN C. ROBBINS JAMES D. NORTHAMER VINCENT L. POLITTE, JR. NICHOLAS EHRICH ROBBINS TED T. NORTHROP MATTHEW A. POLUS ADAM K. ROBERTS MICHAEL J. NORVELL KURT C. PONSOR JAMES E. ROBERTS VRETTOS W. NOTARAS NICHOLAS JOHN POPP KENNETH A. ROBERTS, JR. DEREK S. OBLANDER HENRY E. PORTER, JR. MATTHEW C. ROBERTS MATTHEW OCHOA CHRISTOPHER D. POTTER BRIAN R. ROBERTSON ANDREA M. OCONNOR GREGG D. POTTER DANIEL J. ROBERTSON JONATHAN ANDREW ODELL JASON A. POWELL SCOTT J. ROBERTSON JUN S. OH NATHAN J. POWELL CHRISTOPHER L. ROBINSON SHAWN D. OHLER DONALD W. POWERS DEVELON J. ROBINSON PATRICK L. OKEEFE PARNELL R. PRASSADA FRANKIE G. ROBINSON MICHAEL D. OLDHAM TRAVIS RICHARD PRATER PAUL D. ROBINSON II JAIME OLIVARES ROBERT G. PRAUSA TIMOTHY M. ROBINSON STEPHEN A. OLIVARES DEANA M. PRESCOTT MICHAEL THOMAS ROCHE TREY J. OLMAN BRIAN S. PRESSLER TOMMY S. E. ROCKWOOD MARK T. OLMSTEAD CHRISTOPHER D. PRICE JASON S. RODGERS SETH MONROE OLSON LATRACIA T. D. PRICE KEITH FRANKLIN RODGERS TIMOTHY M. OMAHONEY MATTHEW M. PRICE JAMES A. RODRIGUEZ MICAH V. ONEAL GLENN S. PRIDDY JORGE C. RODRIGUEZ VIOREL OPREA MARK I. PRIDE RAMON P. RODRIGUEZ GREGORY P. ORBINO WALTER H. PRIEBE III ERIC D. ROEHRKASSE URIAH L. ORLAND MICHAEL L. PRIMIANO CHAD T. ROGERS FRANCISCO J. ORTEGA, JR. JESSE MICHAEL PROCTOR LOUIS P. ROGNONI III SISTO M. ORTIZ ERRYN CHRISTINE PROVENCHER DAVID E. ROHLINGER JASON N. ORTOLANO MATTHEW J. PROVENCHER ANDREW C. ROLLINS MARC T. ORTON JONATHAN P. PROVENS MICHAEL H. ROOD RICHARD C. ORZECHOWSKI JAMES A. PRUCHNIC EUGENE F. ROOKER, JR. NATHANIEL S. OSBORNE MARK A. PRUSINOWSKI CHRISTOPHER J. ROOME JARED J. OSTROSKI JOSHUA A. PUGLIESE ADAM H. ROSADO RYAN G. OUGH ANTHONY J. PULEO ROLAND ROSARIO CHAD D. OVERTON JOSEPH C. PULLIAM ROBERT C. ROSEBROUGH NATHAN H. OWEN DANIEL W. PUPICH JEFFREY RYAN ROSENBERRY RICHARD L. OWENS NATHANIEL SHANE PURSELL CRAIG STEVEN ROSENGARTEN SHAWN M. OWENS JEREMY S. PUTMAN ALLEGRA L. ROSLER TYISHA L. OWENS SHINGO K. PYO GREGORY K. ROSS DAVID O. PABST ERIC B. QUIDLEY MATTHEW C. ROSS CHRISTOPHER C. PACE JOSEPH T. QUILLIN WILLIAM D. ROSS JEFFERY A. PACKARD SKYLAR E. QUINN ZACHARY K. ROSSON RAUL D. PADILLA MATTHEW J. QUINTON MICHAEL A. ROTHE MATTHEW G. PAETZHOLD MATTHEW A. QUITTER GEORGE A. ROTHHAUPT RAYMOND R. PAGE MICHAEL L. RAABE METODI V. ROULEV ANNETTE M. PAGLIA MATTHEW R. RABE NICHOLAS G. ROWE JACOB B. PAIRSH JENNIFER A. RACINE KEVIN P. ROWLETTE MICHAEL P. PALIK BRIAN LOUIS RAFFA MARCUS W. ROWLEY CHRISTOPHER N. PALMER ERNEST COREN RAHN EDWIN RUCKWARDT JOSEPH L. PALMER NATHAN M. RAIBLEY JENNIFER D. RUDIGER ERNESTO GOMEZ PANDES EUGENE K. RAINEY ERIC E. RUDOLPH WILFREDO PANTOJA JAMES A. RAINS JUSTIN R. RUFA TIMOTHY KARL PAPE JOSE A. RAMIREZ ANDREW D. RULE TERRY L. PARHAM RACHEL RAMOS RICHARD G. W. RULIFFSON MATTHEW A. PARKER KELLY SUZANNE RAMSEY DAVID G. RUNELS STEWART J. PARKER REGGINAL E. RAMSEY RAYMOND M. RUSCOE RAYMOND M. PARNTHER, JR. ANTHONY M. RANDALLCLAUSEN BRIAN M. RUSSELL KEVIN L. PARSONS DARRELL RANDOLPH ERIC J. RUSSELL STEPHEN M. PARSONS RUTH J. RANDOLPH JASON I. RUSSELL RICHARD W. PARTAIN SETH ADAM RANN JERIMIAH D. RUSSIAN JARED D. PASLAY ANTHONY S. RAPHAEL REBECCA F. RUSSO RIMPA PATEL PATRICK J. RARING WILLIAM J. RUSTAD ANDREW M. PATRICK KENNETH M. RASZINSKI ETHAN A. RUTELL TODD T. PATTERSON NICHOLAS D. RATERMANN JAMES L. RUTLEDGE JASON VICTOR PAUL STACY M. RATHJE JOHN R. RYAN MICHAEL E. PAXON ERIK P. RATHKE KATHERINE ANNE RYAN DAVID L. PAYTON DAVID J. RATLIFF NICHOLAS PATRICK RYAN NATHANIEL A. PEACE GRANT ANDERSON RAUP SCOTT D. RYDER THOMAS MICHAEL PEARSALL TIMOTHY S. RAVAS MARK J. SAAR PATRICK B. PEARSON BRYAN E. RAY WILSON E. SAGENDORPH III ROBERT J. PEARSON DARRYL R. RAY TYSON KELLY SAILER COREY LEE PEAY BRIAN S. REASER JERMAINE S. SAILSMAN ERIC VERNET PEDERSON ERIK V. REDL CONSUELO SALAZAR NICHOLAS R. PEDERSON CECIL E. REDMON II CHRISTOPHER L. SALDANA JOHN M. PELTIER HOWARD L. REED MICHAEL WILLIAM SALGADO TIFFANY E. PENCE MICHAEL ALLEN REED JARED E. SALK JUSTIN T. PENDRY RONALD KEVIN REED TODD J. SALZWEDEL SERGIO P. PEREZ CHRISTOPHER L. REESE NICHOLAS F. SAMMONS JORGE N. PEREZBENITEZ RUSSELL T. REESE DAVID L. SANDERS CHAD L. PERRY JEFFREY S. REGAN NICHOLAS B. SANDERS NATHAN C. PERRY JOSEPH P. REICH III SHANE J. SANDSTROM JOSHUA J. PERSING AARON D. REID CHARLES S. SANDUSKY KRIS J. PERSON RONALD J. REIDEL MATTHEW P. SANERA SANDRA A. PERTUIT BRANT CONOR REILLY RYAN A. SANFORD ERIC R. PESCHELL MICHAEL J. REIMERS VONDRAY L. SANFORD CHRISTOPHER R. PETEK CHAD C. REINERT WILLIAM W. SANFORD DEEPAK C. PETER DANIEL J. REISNER RYAN P. SANJENIS SAMUEL J. PETERS SARAH GILLIAN REKSTEN DERRICK C. SARACENI AMY N. PETERSON MICHAEL JOSEPH RENDOS MARK W. SARGENT ANDREW J. PETERSON CHRISTOPHER J. RETENELLER BRIAN K. SATTERLEE BENJAMIN W. PETERSON JOSEPH F. REVETERIANO JAMES MICHAEL SATTLER

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NICHOLAS R. SAUCIER CALEB T. SMITH KRISHNA SURAJBALLY LUKE M. SAUTER CHESLEY J. SMITH MARK A. SUTHARD AARON C. SAYLER CHRISTOPHER C. SMITH KONSTANTIN SVERKOUNOV LARRY M. SAYLOR, JR. DENNIS M. SMITH GORDON T. SWAIN TIMOTHY E. SCARIANO GENE T. SMITH JOHN R. SWANSON STEVEN MICHAEL SCHAAR GREGORY GERALD SMITH REESE J. SWANSON ERIK D. SCHILLING JAMES DANIEL SMITH STEVEN D. SWAZAY JASON A. SCHLARB JAMES T. SMITH BRETT CHRISTOPHER SWIGER EDWARD E. SCHLEGEL JEFFREY N. SMITH KYLE A. SWOPE KYLE S. SCHLEWINSKY JEREMY J. SMITH ADAM N. SYLVAN JOHN W. SCHMIDTKE JEREMY R. SMITH DEREK J. SYSWERDA THOMAS E. SCHMITT JOSHUA K. SMITH GIORGIO AUGUSTIN SZABO KEITH M. SCHNEIDER LAWRENCE A. SMITH II JOHN T. SZCZEPANSKI SAMUEL P. SCHNEIDER MICHAEL L. SMITH JEANNE R. SZCZES CHRISTOPHER A. SCHNIPKE PATRICK S. SMITH CHRISTOPHER SZYMANSKI STEVEN A. SCHNOEBELEN PAULA P. SMITH KRISTOPHER J. SZYMCZAK MARK T. SCHOENBECK RICHARD R. SMITH II DARREN E. TABOR ANDREW T. SCHOFIELD ROBERT SHELBY SMITH KYLE A. TAKAMURA JILL ANN SCHOFIELD RYAN G. SMITH BRIAN C. TALIAFERRO JOHN S. SCHOONMAKER RYAN T. SMITH ANGELA J. TARAVELLA TERRY A. SCHRADER SEAN M. SMITH BENJAMIN F. TARKOWSKI MICHAEL W. SCHREINER STEPHEN N. SMITH JUSTIN M. TARLTON DANIEL A. SCHREURS THOMAS E. SMITH ADAM E. TAYLOR JOHN C. SCHROEDER EDWARD W. SMITHER BRENDA TAYLOR MEGAN MARIE SCHRUM BENJAMIN L. SNELL CARLTON M. TAYLOR CHARLES E. SCHUCK SCOTT P. SNIDER DARIUS TAYLOR DAVID W. SCHUR JENNIFER JEAN SNOW DAVID L. TAYLOR LAWRENCE F. SCHUTZ DANIELLE L. SNYDER EDWARD R. TAYLOR CHAD E. SCHWAB JON M. SNYDER JACK WADE TAYLOR JOSEPH T. SCHWAB SCOTT A. SNYDER LARRY L. TAYLOR JACOB T. SCHWARTZ THOMAS WILFREID SNYDER MATTHEW S. TAYLOR ERIK W. SCHWARZ ERIC M. SOBECKI MICHELLE L. TAYLOR DANIEL M. SCHWENDEMAN NICHOLAS MANUEL SOLIS NATHAN J. TAYLOR HAYDEN M. SCOTT OWEN SOMERS TIFFANY S. TAYLOR JACOB M. SCOTT SARA N. SOMERS JUSTIN RAY TEAGUE JESSE M. SCOTT ROBERT A. SONNENBERG TIMOTHY A. TENDALL LISA R. SCOTT DANIEL K. SORENSON ANDREW H. TENENBAUM MICHELLE R. SCOTT JUSTIN EDWARD SORICE CHRISTOPHER J. TERRY MICHAEL J. SCULLION ELIZABETH D. SORRELLS JEFFREY K. TEXCELL MICHAEL D. SEAL LEWIS G. SORVILLO MILES PEYTON THAEMERT KEVIN A. SEAY JOHN WILLARD SOUTHARD RYAN JAMES THEISEN RYAN EARL SEBASTIAN KEVIN C. SOVA FRANK A. THEISING MATTHEW JAMES SECKO JOSEPH C. SPAGNOLIA GREGORY C. THERIOT JOSHUA S. SEDER SETH W. SPANIER MARY A. THIGPEN RYAN N. SEEKINS STEPHEN E. SPARKMAN DUSTIN T. THOMAS RONEN M. SEGAL JEREMY S. SPARKS JAMES E. THOMAS MICHAEL A. SELTZER LUCAS D. SPATHES JEROME SAMUAL T. THOMAS LESLIE L. SEMRAU MICHAEL B. SPECK KELIE A. THOMAS ANDRE T. SENAY ALEC THOMAS SPENCER SPENCER A. THOMAS CHARLES D. SENDRAL JEFFREY A. SPENCER STEVEN C. THOMAS CHAD A. SESSLER RONALD R. SPENCER, JR. BRENDA L. THOMPSON SEAN P. SETTER BRANDY L. SPIEGLE CHRISTINA M. THOMPSON MEGGAN M. SETTLE ANGELIKA M. SPINK DAVID A. THOMPSON DARLENE M. SHAFFER DAVID M. P. SPITLER DAVID W. THOMPSON ANAND D. SHAH JENNIFER S. SPOORES LINWOOD A. THOMPSON THEODORE JOHN SHANKS TODD J. SPRINGER MICHAEL J. THOMPSON KATHRYN T. SHARP ROBERT S. ST CYR ROBERT E. THOMPSON SARAH J. SHARPE JEREMY BRENT ST JOHN ROY W. THOMPSON BENJAMIN A. SHAUB BENJAMIN C. STAATS PAUL B. THORNTON ANDREW W. SHAW GREGORY R. STACK TIMOTHY J. THORSON AARON B. SHEETS BENJAMIN G. STALLARD MATTHEW B. THRIFT HAMILTON G. SHELFER LEE W. STANFORD CHRISTOPHER A. THUOTTE ADAM W. SHELTON TODD EDWARD STANIEWICZ RENEE Z. THUOTTE KELLY W. SHELTON ERIC M. STANO ANDREW CHARLES TIDGEWELL JASON A. SHEMCHUK JOSHUA P. STANTON RAYMOND G. TIERNEY SABRINA N. SHERIDAN SHAWN M. STAPPEN GERALD J. TILLER MATTHEW D. SHERK BRYAN L. STARCHER AARON P. TILLMAN MITCHELL S. SHERMAN MATTHEW B. STARCK MICHAEL E. TILLYER TERRI L. SHERRY NIKOLAOS P. STATHOPOULOS DAVID W. TIPTON DAWUD K. SHILLINGFORD ADAM R. STAUBACH JEREMY S. TIPTON NICHOLAS A. SHIMKUS SUSANNE L. STCYR MARK ANTHONY TIPTON SAMUAL P. SHIMP RYAN L. STEBBINS NELSON E. TIRADO KEVIN W. SHIPE KALLEEN H. STEELE SHAMEKIA N. TOLIVER BRANDY ANN SHIRLEY GREGORY M. STEENBERGE WENDELL R. TONEY DANIEL M. SHOAF ROBIN E. STEENMAN LEONARDO A. TONGKO DENNY R. SHOFNER JOSEPH L. STEINER DOMINQUE H. TORRES PANUMAT SHONTZ EDWARD R. STEINFORT EDWARD L. TORRES CHARLENE M. SHORTTE ADRAIN E. STEMPLE II ELIUD E. TORRES KHOMANI D. SHORTTE PAUL E. STENSENG PETER R. TOSCANI MATTHEW N. SHOVELSKI MICHELLE L. STERLING STEPHEN A. TOTH JOSHUA T. SHULTZ SHAWN P. STERMER NATHANIEL W. TOTTEN DAVID R. SIEMION AMANDA L. STEVENS MICHAEL M. TOTTON MATTHEW G. SIKKINK ZACHARY A. STEVENS JONATHAN M. TOWNSEND JOEL B. SILK DAVID B. STEVENSON KANDI J. TRACE YONG C. SIM MARCUS U. STEVENSON KHOI DINH TRAN RICHARD J. SIMKO ANDREW B. STEWART JENNIFER J. TRAPP DOUGLAS M. SIMMERS JAYSON STEWART DANIEL A. TRAVERS JAMES S. SIMMONS TONY J. STIBRAL JOHN M. TRAVIESO JEREMY B. SIMMONS BRIAN A. STILES ADAM R. TRAVIS MICHAEL ANDREW SIMONICH JOSEPH F. STILES BOBBY A. TRAVIS SHONNA J. SIMONS CLARK MONA T. STILSON CATHERINE J. TREDWAY JOSEMARIO C. SINCHONGCO ROBERT D. STIMPSON SHANE A. TREGO JONATHAN ALEXANDER SIRARD EVETTE M. STINSONLAWSON DAVID C. TREXLER SCOTT D. SITTERSON RYAN P. STOLMEIER CHARLES M. TRICKEY LISA M. SIWIK MICHAEL T. STONE STEVEN E. TRNKA CHRISTOPHER D. SJOLIE SPENCER GROSSER STONE TIMOTHY W. TROUP JOSEPH J. SKERLY III RANDON L. STORMS DAVID D. TROXELL BOBBIE JO SKIDMORE SAMMY E. STOVER CHRISTOPHER M. TROYER STEVEN B. SKIPPER ANTHONY M. STRAW STEVEN A. TRUEBLOOD DREW R. SKOVRAN MICHAEL K. STREET MAUREEN A. TRUJILLO FRANK T. SKRYPAK CRISTINA C. STRICK MICHAEL R. TRUJILLO PATRICIA SKUTNIK WILLIAM L. STRICKLAND BRENT GERALD TSCHIKOF MATTHEW A. SLAGER ERIC RYAN STRIDE REBECCA A. TUBMAN ANDREW SLAUGHTER AARON JOSEPH STRODE JASON L. TUCKER JON P. SLAUGHTER NATHAN C. STUCKEY BRYAN BERFENTI TUINMAN RYAN A. SLAUGHTER MATTHEW P. STUECK FWAMAY SULLIVAN TULLIUS JAMES N. SLEAR ROBERT L. STULTS GRANT M. TULLIUS WILLIAM E. SLOTTER STEPHANIE E. STULTS JOSEPH C. TULLOSS DENNIS R. SLOWINSKI ROBERT W. STURGILL, JR. MICHAEL R. TURNER MICHAEL W. SMALL MICHAEL WILLIAM SUDEN ROBYN D. TURNER BRIAN K. SMART MATTHEW SUHRE ROBERT L. TURPIN, JR. WILLIAM D. SMART MICHAEL K. SUKACH JAMES M. TUTHILL ADAM J. SMITH HEATHER J. SULLIVAN JOSEPH BRIAN TUZZOLINO ADAM JOSEPH SMITH RYAN C. SULLIVAN MARK ALLEN TYLER ALLEN SMITH THOMAS RICHARD SULLIVAN FRANCIS C. TYSON IV ALLEN EDWARDS SMITH STEPHEN D. SUMMERS MARK C. UBERUAGA BENJAMIN M. SMITH LANCE L. SUMMY CHRISTOPHER J. UECKER

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ANDREW GALO ULAT JONATHAN L. WHITAKER IN THE ARMY GEOFFREY RYAN ULRICH MARK RYAN WHITAKER RUSSELL A. UNDERWOOD BENJAMIN BRUCE WHITE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID B. UNDEUTSCH BRANDON C. WHITE TO THE GRADE INDICATED IN THE UNITED STATES ARMY CASEY L. UTTERBACK JOSHUA T. WHITE UNDER TITLE 10, U.S.C., SECTION 624: JAMIEL VADELL KEITH S. WHITE ANDREW J. VAIL KEVIN D. WHITE To be major MARKYVES J. VALENTIN KEVIN E. WHITE CHARLES M. ABEYAWARDENA JOSEPH S. VALENTINO MARCUS J. WHITE CHRISTINA R. ACOJEDO GREGORY K. VAN DYK THOMAS D. WHITE DUNCAN B. ADAMS ERIC M. VAN VELDHUIZEN TIM RAY WHITELOCK JONATHAN M. ADAMS LEAH B. VANAGAS MELVIN C. WHITLOW, JR. ROBERT N. ADAMS PETER A. VANAGAS JONATHAN L. WHITTAKER RONALD W. ADAMS, JR. DAVID J. VANASSCHE ADAM R. WICKES SHANE AGUERO MICHAEL JOSEPH VANDERHYDE BRYAN K. WICKS AYE K. AGYEI DAVID E. VANDEVOORDE DANIEL PHILLIP WIESNER MATTHEW J. VANGILDER SABRE M. AJYEMAN JASON M. WILBUR GREGG LEA VANSPLUNDER MELISSA J. ALBAUGH JASON C. VAP MATTHEW S. WILCOXEN JARED J. ALBRIGHT COURTNEY P. VARGAS JOSHUA D. WILD DAVID A. ALFARO JEFFREY M. VASS NICOLE N. WILEY NASSER ALI KRISALYN J. VAUGHN BRIAN A. WILKEN MICHAEL A. ALLARD DANIEL MOISES VEGA BROOKS A. WILKERSON DEAN P. ALLEN EMANUELL VEGA FONTEZ L. WILKERSON JASON E. ALLEN CHATEAU K. VENABLE BARRY D. WILLARD NATHANIEL A. ALLEN PETER J. VENTRES, JR. ADAM E. WILLIAMS SORSBY M. ALSTON HUGO J. VIA DAVID S. WILLIAMS JEFFREY T. ANDERSON GREGORY A. VICE FLORA E. WILLIAMS TODD A. ANDERSON MATTHEW BENJAMIN VICKERS FORREST C. WILLIAMS STEPHEN C. ANG BRIAN M. VIZZONE JUDITH EVE SHANI WILLIAMS ROMAE M. ARAUD JEREMY A. VOIGT JUSTIN J. WILLIAMS JIMMY ARCHANGE MICHAEL A. VOLKERDING KEVIN CHARLES WILLIAMS, JR. KENNETH O. ARCHBOLD JUSTIN D. VONHOFE MICHELLE LYNN WILLIAMS CRYSTAL D. ARMSTRONG ADRIANNA M. VORDERBRUGGEN ROBERT A. WILLIAMS MICHAEL L. ARNER DREW T. J. VOSS WILLIAM C. WILLIAMS II BRYCE N. ASAGI NATHAN P. VOSTERS GRAHAM C. WILLIFORD MICHAEL E. ASTIN JAMIE L. WAALER DANIEL CLYDE WILLIS DIANICA L. ATKINS CHRISTOPHER MICHAEL WADDELL WARD G. WILLIS MARK N. AWAD KRISTOPHER L. WAECHTER GARLAND W. WILMOTH BRIAN C. BABCOCKLUMISH SHANNON J. WAGNER ALISON R. WILSON TOMIKO BALLARD ROBI M. WAINWRIGHT ANDREW G. WILSON ERIC A. BALOUGH ADAM N. WAITE CARL B. WILSON ADAM M. BANCROFT JASON T. WALDMAN CHIRIGA O. WILSON JAY T. BAO RYAN G. WALINSKI DAVID C. WILSON NOLAN J. BARCO VICTOR G. WALK DAVID J. WILSON MICHAEL W. BARKER ANDREW P. WALKER FREDRICK A. WILSON BRIAN R. BARNES EDWARD Y. WALKER ROBERT A. BARRY GARRETT A. WILSON JASON DOUGLAS WALKER ROBERT C. BARTON JONATHAN W. WILSON KRYSTAL M. WALKER CLIFTON D. BASS KEVIN D. WILSON VIRGINIA S. WALKER JOHN A. BAUMANN KURTIS IAN WILSON JAMES A. WALL BRIAN A. BEAM NEAL M. WILSON ANDREW P. WALLACE NICHOLAS J. BECK RICHARD N. WINFREY, JR. JOHN D. WALLACE JONATHAN H. BECKMANN CHRISTOPHER L. WINKLEPLECK JONATHON C. WALLER ROBERT T. BELIE BRYAN W. WINNINGHAM KEVIN WALSH MITCHAEL R. BELOTE ANTHONY R. WISE BROOKS M. WALTERS STEVEN R. BELTZ NICHOLAS G. WISNEWSKI DANIEL P. WALTERS TIMOTHY M. BENNETT DREW M. WALTERS WARREN ERIC WITHROW PHILIP R. BERRY II MICHAEL C. WALTERS DAVID J. WITT MAYA C. BEST ANDRE M. WALTON ROBIN E. WITT DAVID R. BIRIE LILLIAN J. WALTON JAMES DANIEL WOJNAREK JAMES C. BIRK DIRK J. WARD BENJAMIN G. WOLAK JONATHAN E. BISSELL TRACY L. WARD DAVID A. WOLF RAYMOND W. BLAINE LAUREN A. WARE KRISTOPHER S. WOLFRAM CHRISTOPHER J. BLANK LAWRENCE C. WARE JAMES M. WOLONGEVICZ CHRISTOPHER M. BLUHM MICHAEL L. WARE PATRICK WOLVERTON BENJAMIN C. BOEKESTEIN TIFFANY N. WARE RYAN T. WONG ELIZABETH A. BOITANO RYAN B. WARTMAN JOHN J. P. WONNUM TANGALA M. BOOTH DAVID A. WASHINGTON CHRISTOPHER C. WOOD JOEL M. BORKERT ZACHARY R. WATERMAN JAMES P. WOODALL, JR. JAMES A. BORST JOSHUA CHRISTMAN WATKINS SCOTT C. WOODBREY CRAIG M. BOUCHER WILLIAM J. WATKINS THOMAS E. WOODRING CHRISTOPHER O. BOWERS KEVIN R. WATRY JASON LEWIS WOODRUFF CLAYTON D. BOWERS JONATHAN N. WATSON ELIZABETH ADRIENNE WOODS JASON R. BOWERS JOSEPH A. WATSON PAUL A. WOODS SONYA A. BOWMAN TODD MICHAEL WATSON ABRAM M. WOODY CATHERINE G. BOYLSTON KEVIN L. WATTS GREGORY A. WOOLEY RORY P. BRADFORD CHRISTINA A. WAYNE JOHN E. WORLEY CHRISTOPHER G. BRADKE DUSTEN R. WEATHERS SCOTT P. WUENSTEL DAVID H. BRADLEY BRIAN RICHARD WEBB WILLIAM L. WUNSCHEL ANDRE J. BRADY JASON D. WEBB LAWRENCE WYATT, JR. BRADFORD M. BRANNON MICHAEL L. WEBBER STEVEN J. WYMORE ERIN K. BRASWELL NICHOLAS R. WEBER AARON M. YAGER ROBERT D. BRAUGHTON BRIAN E. WEBSTER JOSEPH E. YAKUBIK LENNY T. BRAZZLE CHRISTOPHER J. WEDEWER VUE YANG JAMES L. BREDEMAN AARON W. WEEDMAN JAMES L. YEATES DANNY J. BREWER SHILO M. WEIR ALAN YEE JEFFREY J. BRIZEK JOHN A. WEISS, JR. IAN A. YELLIN CALEB S. BROWN MICHAEL T. WEITZ CHRISTOPHER W. YENGO RICHARD F. BROWN CHRISTOPHER M. WELCH DANIEL PHILIP YERRINGTON STEWART N. BROWN KEVIN P. WELCH ILKYU P. YIM JAMES D. BROWNE, JR. WILLIAM D. WELDON IAN M. YOUNG CARRIE A. BRUNNER JAY P. WELKER JAMES R. YOUNG LAURA C. BUDDEMEYER KURT H. WELLHAUSEN JARED A. YOUNG DWIGHT O. BULLARD GARY E. WELLS KEITH A. YOUNG KENNETH R. BULTHUIS KEVIN M. WELLS MICHAEL D. YOUNG TRENT B. BUNNELL, SR. PAUL T. WELTER SARAH M. YOUNG BRIAN E. BUSZINSKI PAUL R. WEME TODD E. YOUNG KARL BUTLER, JR. GREGORY SCOTT WEMHOFF DANIELLE R. YOUNGBERG MICHELLE A. BYRON HEATHER A. WEMPE BENJAMIN D. YOUNGQUIST PHILIP M. CALA DANIELLE D. WEMYSS MINDY A. YU KEITH J. CALDWELL MATTHEW J. WEMYSS GRETCHEN M. YULE ROBERT H. CALLAHAN BRANDON D. WENGERT PETER D. YULE LESLIE CAMACHO JODEN A. WERLIN PAULL YUZAPAVIK MATTHEW J. CAMEL MARCELINA B. WERNER MATTHEW D. ZAKRI STEPHEN J. CAMERON MATTHEW W. WERNER KARENA K. ZALOUDEK MATTHEW D. CAMPBELL JIMMY T. WEST JOSE L. ZAMBRANO NIKOLAY N. CAMPBELL KELLY WEST ARIC L. ZEESE THOMAS G. CAMPBELL III LATASHA NICOLE WEST RYAN A. ZEITLER JOSE M. CAMPOS ROBERT E. WEST BAI L. ZHU GABRIEL CAMPUZANO JAMES T. WESTFALL GREG M. ZICKEFOOSE RAYMOND C. CANZONIER JACOB M. WESTWOOD MARGARET I. ZIELINKO ANDREW M. CARRIGAN PHILLIP A. WHEELER CHRISTOPHER R. ZIELINSKI ROGER A. CARVAJAL CHRISTINE L. WHELAN JOSHUA S. ZIEMAK JERROLD D. CASTRO MARK D. WHISLER AARON J. ZOLNA MATTHEW L. CAVANAUGH COLIE BARTOW WHITAKER IV MICHAEL ZORIJ ROBERT M. CHAMBERLAIN GEOFFREY N. WHITAKER JEFFREY T. ZURICK ANDRUS W. CHANEY

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KEION A. CHARLES NATHANIEL A. GARZA EVA M. KRIVICKAS JAMES T. CHASE JOSH A. GAVRILOV JEFFREY A. KUECHENMEISTER SEAN M. CHASE JONATHAN A. GENDRON RHANA S. KURDI JOSEPH L. CHAVES RONALD G. GEORGE DANIEL S. LACARIA SUNNY S. CHEN LAMARL S. GERALD THOMAS M. LACY INURELL CHESTER EDWARD O. GHELARDINI II SEAN W. LAMBERT MONIQUE M. CHETCUTI ARGENTINA A. GIBSON ANDRUS J. LANDRY MICHAEL J. CHILDS CHAD M. GILBERT KENT B. LANE SAPRIYA CHILDS CHRISTOPHER D. GILBERT NICHOLAS A. LANE JASON J. CHOI ROB C. GLEGHORN MARIA M. LANFOR PETER S. CHOI PETE J. GODBEY ANDREW D. LANTZ KIP M. CHOJNACKI SHAWN GOLDWIRE ERIK R. LARSEN ANTHONY W. CLARK ERIC J. GOLTRY JASON C. LATELLA BARRY L. CLARK LYHOMAR GONZALEZ QUOC B. LE PATRICK D. CLARY CHRISTOPHER D. GOODRICH FAITH E. LEE ADAM T. CLEMENTS ELLIS Z. GORDON LAWRENCE R. LEE ZACHARY G. COLE CLARENCE K. GRAHAM MICHAEL G. LEE BRIAN H. COLLINS EDWARD B. GRAHAM MICHAEL S. LEE ERIC A. COLLINS DAVID W. GRAMLING KRISTIAN K. LEIBFARTH JAMES B. COLLINS DELMAR F. GRAVES JOHNATHAN L. LEMING JENNIFER G. COLLINS CHERYL L. GRAY JOSE M. LEON, JR. ALBERT CONLEY III RUSSELL A. GRAY SANDY A. LEPPERT JEREMY C. CONNER MATTHEW A. GREB MATTHEW W. LERCH CHRISTOPHER A. CONNOR MARK A. GREEN STEVEN E. LEWENTOWICZ ANTONIO L. CONYERS VERNON D. GREER ERIK W. LEWIS THOMAS J. COOK NICHOLAS E. GREGOIRE ROBERT A. LIKINS III JACOB T. COOL ROBERT T. GREINER HOWARD C. LIM JAMES D. COONFIELD III HOLLY Y. GREY ROY A. LINKOUS, JR. MATTHEW C. COOPER JAMEELAH P. GROVER TILISHA C. LOCKLEY NOAH B. COOPER ADAM C. GROW SVEN A. LONDON ZACHARIAH A. CORKE JOSE R. GUANDIQUE RYAN W. LOOMIS JAMES E. COTNER, JR. DAVID E. GUILES JOHN W. LORD SETH T. COTTRELL ERIC W. HAAGENSTAD JEANJACQUES LOUIS CORY J. COUSINS SAMUEL K. HAINES ANDREW E. LOVEJOY DIRK P. CRAWFORD JAMES W. HALE DEREK K. LOVELAND MATTHEW A. CRAWFORD MITCHELL C. HALE IV JASON O. LUCKEY STEVEN R. CREWS CARTER J. HALFMAN AUSTIN C. LY CATHERINE B. CROMBE LEAH B. HALLER MARCO J. LYONS JAMES A. CRUMP VALIANT A. HALLER ANDREW T. MAAS BRIAN C. CRUMPTON WILLIAM M. HAMILTON SCOTT V. MACDONALD RIVERA E. CRUZ BRIAN R. HANSEN BLAKE N. MACK MEGHAN L. CUMPSTON TODD J. HARKRADER SEAN M. MADDEN CHARLES E. CUTLIP KATREINA D. HARMON BARRY L. MADETZKE KOREY K. CYPRIAN DWAYNE D. HARMS GEOFFREY D. MANGUS TAMMY J. CZAPLA JOSEPH F. HARRINGTON WENDY W. MANNING JOSHUA P. DAILEY WILLIE B. HARRIS, JR. BRITT T. MANOR ERIKA D. DARRINGTON GLENROY HASKINS DONNA M. MANRAGH EVERETTA J. DAVIS AMANDA J. HATCH TRAVIS J. MAPLES GREGORY S. DAVIS ADAM C. HAUPT ESTHER S. MARCELLA LATRICE Y. DAVIS DORIS J. HAYNES MARK MARDER RODNEY L. DAVIS MATTHEW B. HAYNES JAMES A. MARKHAM ROGER S. DAVIS DARTANION J. HAYWARD RODNEY D. MARTIN RYAN C. DAVIS JACQUELINE L. HEARNE FEDERICO MARTINEZ II SAMUEL R. DAVIS ANDREW H. HENDERSON WILLIAM P. MASON CHRISTOPHER P. DEAN CHRISTOPHER R. HENRY EDWARD M. MASOTTI, JR. TRISTAN P. DEBORD MARK E. HERBERT GERALD A. MATHIS ANDREW W. DECKER THOMAS C. HERNANDEZ TIMOTHY P. MAUNTLER WENDY K. DEDMOND DONNA M. HESS NATHAN L. MAY DOMINICK L. DEFEDE JOHN L. HEWITT III MITCHELL A. MCCANN JEFFREY B. DEMAREST LACHANDRA P. HILLIARD SCOTT W. MCCARTHY PARSANA DEOKI JASON M. HITE JOHN B. MCCARTNEY RYAN M. DERRICK WILLIAM D. HOBBS MICHAEL G. MCCLURE DAVID W. DEVIN JOHN M. HOGAN JEREMY A. MCHUGH RUDY DIAZSIERRA CHERRY A. HOLLENSTEINER IRVIN M. MCLAUGHLIN CHRISTOPHER M. DICKINSON BRIAN HOLLOWAY JAMES H. MCMILLIAN, JR. DAVID DILLY JUSTIN M. HORGAN MARK A. MCNAMARA ADAM N. DIPETRILLO MATTHEW J. HORTON SEAN C. MCNICHOL AGUSTIN E. DOMINGUEZ JARED T. HOWARD KEVIN A. MCQUEARY VELEKA L. DOUGLAS ANDREW P. HUBBARD ROBERT E. MEDINA JERON DUHART BARRY A. HUMPHREY JENNIFER E. MEDLEY JASON J. DUMSER SHARONDA E. HUMPHREY CELINA N. MEDRANO NICKOLAS A. DUNCAN DAVID J. HUMPHREYS BRIAN E. MEEKINS WILLIAM R. DUNCAN DAMON M. HUNT WILLIAM MERCUCCI ADAM J. DYKSTRA CALVIN K. HUTTO MATTHEW T. MESSERSCHMITT TIMOTHY J. EASTMAN MALIDA A. IHEKWOABA DEWEY M. MILLER GREGORY C. EDGREEN BRIAN T. IKE ERIC A. MILLER CHRISTOPHER R. EHLERS VICTOR A. JAFFETT THOMAS D. MINER MATTHEW H. ELLETT SEAN M. JAHR KELLY F. MITCHELL PATRICK R. ELLIOTT GREGORY A. JENEMANN STACY D. MITCHELL BRIAN F. ELLIS CODY W. JENSEN TIMOTHY B. MITCHELL SHARON D. ELMORE SAKINAH A. JEWETT LUCAS A. MORALES CARMEN V. ELSTON CHRISTOPHER C. JOHNES JACOB M. MORANO JOEL G. ELSTON JEFFREY R. JOHNSON JOSE A. MORENO PETRUS J. ENGELBRECHT PETER JOHNSON JENNIFER M. MORRIS JON V. ERICKSON SHAWNDA R. JOHNSON JOHN F. MORRIS JAIME A. ESPEJO JEROME F. JOHNSTON ALFRED A. MULLIKEN III MORRIS K. ESTEP LEON S. JOHNSTON DOUGLAS J. MULVANEY MARCUS T. EVANS KIRYENSKI A. JONES KURT W. MUNIZ JORDON T. EWERS LATONYA JONES JUAN P. MURILLO ISAAC J. FABER WILLIE D. JUMPER III BRENDAN P. MURPHY JOEL M. FELTZ KENTON E. JUSTICE BETTY P. MYRTHIL GARRET D. FETT GEORGE S. KAFER WILLIAM W. NALL MATTHEW T. FETTERMAN ROSS L. KAPLAN CASEY L. NAPUTI EDWARD A. FIGUEROA ALEXANDER S. KASARDA TRACEY C. NASH ERIC W. FINCH MATTHEW P. KASKY CHRISTOPHER D. NEYMAN RODERICK D. FISHER PETER J. KATZFEY WALLACE C. NICHOLSON BRENDAN T. FITZPATRICK GARRETT J. KAYE JENNIFER L. NIHILL MICHAEL FLEISCHMANN GARY L. KELLY WILLIAM J. NISIEWICZ ANGEL FLORES EVELYN M. KEMPE MICHAEL D. NORTON MICHAEL B. FOGARTY JOHN A. KENDALL ANITA M. NUTTER ROBERT A. FORE LOGAN J. KERSCHNER ANDREW F. OBRIEN JASON A. FOREMAN CHRISTOPHER E. KETZ RICK A. OEHLHOF ANDREW J. FORNEY MICHAEL S. KILLALY JONES B. OFUASIA JOSEPH R. FOUST JASON J. KIM JAMES M. OGLETREE DAVID J. FRANKEL SON H. KIM KATHERINE M. OGLETREE WALTER J. FRAZIER, JR. SUNG H. KIM CHRISTOPHER F. OLIVER JABULANI H. FULLER JOHN W. KIMBALL ERIK W. OLSEN RAY E. GABRIEL MATHSTO KINGSADA MARCUS D. ONEAL JOSEPH GAINEY ROSS S. KINKEAD JAMES N. ONG SIIMOA M. GALOIA NASHUMA R. KNIGHT FERGAL J. OREILLY COREY D. GAMBLE KEVIN M. KNOWLEN JOSEPH M. ORTIZ MICHAEL D. GAMBONE SUN G. KOH DEIVID N. ORTIZRAMOS MICHAEL W. GANSLER MATTHEW A. KOHLER JOHN V. OTTE JOSE M. GARCIA RYAN J. KOOLOVITZ DETRICK L. OUSBY JOSEPH M. GARCIA JEFFRY T. KOONTZ DONALD R. OWENS, JR. TIMOTHY R. GARLAND KIP E. KOWALSKI ROBERT B. PADGETT JASON L. GARNEAU JOHN F. KRIGBAUM RAUL E. PADILLA

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JEFFREY T. PAINTER JEFFREY A. STEINLAGE JORGE ALMODOVAR SEONG S. PAK JAY D. STERRETT III DAVID M. ALVAREZ DANE D. PALMER JAN A. STEWART MATTHEW T. AMSDELL STEVEN L. PARKER JULIE M. STOCK DARYL L. ANDERSON, SR. ROBERT C. PARMENTER ANDREW P. STRINGER HEIDI E. ANDERSON ERIC L. PARTRIDGE DORAN R. STROUSE JARMARLE O. ARNOLD SCOTT A. PATTON JOHN B. STUBBS FIDEL ARVELO KATHRYN K. PEGUES PETER P. STUDEBAKER VON P. ASTUDILLO MARK B. PEMBERTON GABRIEL M. SUAREZ BRIAN H. ASTWOOD AHLON K. PEOPLES PETER K. SULEWSKI DAMON L. AUGUSTINE JUAN J. PEREZTORRES TERESA A. SWANSON GREGORIO AYALA DAVID J. PETERSON WILLIAM D. SWENSON KATHERINE J. BAKER DOUGLAS V. PETERSON DAMIAN R. TAAFEMCMENAMY ULRIKE BANKS CRAIG W. PETRICK CURTIS M. TAYLOR JEANICE A. BARCINAS TOBIAS S. PETROS SEANNERY J. TENNIMON WILLIAM R. BENNETT JOSIAH D. PICKETT JAMES C. TETERS II KEVIN R. BENTZ ADAM O. PIERCE TRAVIS R. THEBEAU FRANK J. BERLINGIS ANGELIQUE A. PIFER BILL S. THOMAS ROBERT D. BEST DEREK K. PING JOSHUA F. THOMAS CONSUELA L. BEVERLY ASHLEIGH B. PIPES MICHAEL J. THOMAS TOBY A. BIRDSELL CHRISTOPHER D. PISKAI SPENCER T. TIMMONS SARAH BISCIAIOODEN ERIC D. PITTMAN BRIAN W. TINKLEPAUGH DAVONNE L. BIVINS DARIEN M. PITTS FELIX G. TORRES FORREST L. BLACK CARLOS A. PLATA, JR. KEVIN J. TOTH LISA D. BLACK RICHARD J. POIRIER MELISSA TOVAR JANET A. BLAIR SCOTT C. POLASEK BRADLEY R. TOWNSEND MICHAEL J. BLANTON BERNARD R. PORTER II NATHAN A. TRUCKENBROD ALICIA R. BODIEHENRY MAYDELINE G. PORTILLO KIRILL A. TSEKANOVSKIY ADAM T. BOHLEN THOMAS S. POWELL DEREK L. TURESON JASON P. BOOK ROBERT D. PRESLEY JOHN J. ULSAMER WANDA L. BOOTH HAROLD E. PRICE MARK B. VANGELDER BRYAN J. BOYEA JOSEPH E. PRICE TAMARA B. VANHOOSEPALL SIDNEY N. BRADDY TED D. PRICE MARK E. VANHORN ADAM T. BRADFORD CHAD A. PROPST ALEX VERSHININ KEYANTE M. BRADSHAW ANDREW S. PRUETT AARON T. VEVASIS MATTHEW S. BROCIOUS JOSEPH J. PRUITT TODD M. VICK FELICHIA S. BROOKS MANOJ T. PUTHENPARAMPIL JONALD C. VITTO JAMARCUS A. BROOKS BENJAMIN L. QUIMBY RONALD P. BROSIUS ZACHARY R. VOGT CASEY L. RAMIREZ BRIDGETTE N. BROWN WILLIAM H. WAGGY II ANDREW S. RAMOS DREWRY L. BROWN DANIEL M. WAGNER ARNALDO I. RAMOSGUZMAN PACE E. BROWN MARTIN E. WAKEFIELD CHRISTOPHER L. RAPP ROBERT M. BROWN ISAAC M. WALDON DAVID RAY JASON R. BRUNO MATTHEW P. WALTER CHRISTOPHER S. READ ADRIAN L. BRYAN RUSSELL W. WALTER JASON G. REED RICHARD T. BRYANT STEVEN D. WALTERS REGINAL C. REMLEY EVAN H. BUCKLER LARRY D. WALTON GUADALUPE RESENDEZ, JR. JEFFREY W. BUCKNER BRIAN A. WARD ROBERT G. RHODES SEDRIC P. BURRELL RICHARD G. WARD, JR. HOWARD G. RICE TIMOTHY L. BUTLER ALEXANDER E. WARING KENNETH C. RICH PAUL E. CACCIA ADRIENNE L. WATSON NATHAN A. RIEDEL MATTHEW C. CALHOUN JOHN M. WEATHERLY YAZMIN RIOS CARLOS A. CAMACHO AMANDA R. WEBB RODNEY O. ROBERSON AMANDA S. CAMARANO SOLON D. WEBB JEREMY S. ROCKWELL TOMAS F. CAMPBELL KEVIN J. WEBER IVAN T. ROCOURT LUIS E. CARABALLO CHARLES T. WEEKLEY JOHN P. RODER ANGEL M. CARDENAS MATTHEW T. WEHRI GERARDO RODRIGUEZ RODEN A. CARRIDO ERICK A. WELBORN HARLEY RODRIGUEZ CHRISTOPHER L. CARTER CHRISTOPHER M. WELLS JOSHUA L. RODRIGUEZ RIAN M. CARTER CHRISTOPHER P. WELSH MICHAEL G. ROE TYONNE D. CARTER CREYONTA N. WEST WALLACE A. ROHRER THOMAS A. CARVER MICKEY M. WEST JOHN M. ROSE STEPHEN C. CHENG JONATHAN E. WESTBROOK DOUGLAS J. ROSS EDDIE CHEW IV CHAD W. WEYHRAUCH EVELYN ROSS YEONG M. CHOI WILLIAM S. WHEELESS MATTHEW H. RUFF EVERT Y. CHUNG ROMONA D. WHETSTONE SHAWN P. RUSSELL SHAWN M. CHUQUINN DONALD S. WHIFFEN II JASON R. SABOVICH EDWIN A. CHURCHILL II MICHAEL T. WHITE ROBERTREL A. SACHI ELVIN L. CINTRON PAUL M. WHITE JOHN A. SACKMAN JAY C. COATS CHRISTY L. WHITFIELD ANTONIO SALAZAR, JR. RILEY P. COFFEY DOMINICK J. WILKINSON EDDIE N. SANCHEZ MATTHEW P. COFFMAN ANDREW WILLIAMS CRAIG A. SANDERS SHANDA L. COFIELD DUANE M. WILLIAMS JOSEPH O. SANDERS HUGH H. COLEMAN III EUGENE U. WILLIAMS WAYNE A. SANDERS DIANE M. COLLVER RAIMOND G. WILLIS SELMER C. SANTOS RICARDO COLONACEVEDO DERECK K. WILSON JEREMY L. SAUER REGINA COOK JASON S. WIMBERLY CHRISTOPHER K. SCATES TERRIEL R. COOKE ANTHONY J. WINGFIELD FRANCIS X. SCHAFER JERRY T. COOPER ADAM M. WINOGRAD ROSS T. SCHEINBAUM MARSHALL E. COOPER LANCE A. WINTERS ANDREW G. SCHLESSINGER BARBARA P. COOTE ROBB W. WITTE MATTHEW J. SCHLOSSER MARTIN J. CORONADO STEVEN W. WOJDAKOWSKI CHARLES D. SCHWAB MARWIN Z. CORTES EDWARD R. WOOD CORY N. SCOTT CHARLES H. COSTELLO GRAHAM D. WOOD GEORGE A. SEILER JUTANE M. CRAIGG KEITH A. WOODBURN SHIRWEN C. SEPARA MICHAEL A. CRAIGG CHARLES G. WOODRUFF III PAULO A. SHAKARIAN KIMBERLY M. CULVER MICHAEL G. WOTRUBA BRADLEY A. SHEARER ISAAC V. CUTHBERTSON KENNETH E. WRIGHT RYAN C. SHEERAN SHAWN O. DANIEL KLARA WRIGHT DAVID S. SHEPHERD ALBERT W. DAVIS TIMOTHY J. WYANT KRISTEN M. SHIFRIN COREY J. DAVIS JAMES T. YARBOROUGH E. RAY SHISLER JOSEPH H. DAVIS JOHN C. YUNGBLUTH III MABRY L. SHOKES TOMMY C. DAVIS RICHARD J. ZERBST MATTHEW R. SHOWN LISA A. DEAN BRADLEY J. ZIMMER DAVID F. SIDMAN DARLA D. DEAUVEARO CHARLES R. ZIPPERER, JR. CHRISTOPHER P. SIGNORE RUDY L. DELAROSA D002028 DHRAMEN P. SINGH AMALIO DELEON, JR. D010177 EMIRO M. SINNING SEAN E. DEMPSEY D010297 OLIVER SIQUEIRA JEMOTT DENNARD D010381 ELLIS H. SMITH II SUSAN M. DEPIESSTYER D010385 HARVEY C. SMITH III JOAQUIN H. DEQUINTANAROO D010469 JOHN H. SMITH JUSTIN M. DEVANTIER G001131 JOSHUA J. SMITH MAYRA I. DIAZ G001231 KESHIA SMITH ROBERT DIAZ SCOTT J. SMITH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEREK J. DIBELLO TROY D. SMITH TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOHN R. DICKENS RICKY SNELL UNDER TITLE 10, U.S.C., SECTION 624: STANLEY L. DIEHL II ROBERT G. SNYDER To be major MICHAEL P. DIETZ ROBERT L. SNYDER CHARLES M. DIGGS ANDREA R. SO LISA M. ABEL DAVID J. DIXON SHEILA D. SOILEAU ELLIOTT ACEVEDO LEE W. DOGGETT BRIAN N. SOUTER GABRIEL ACOSTA SEAN P. DONOVAN FRANCIS X. SPERL III KENDALL P. ADAMS HEATHER D. DORAN RAFAL H. STACHOWSKI ELIZABETH L. ALEXANDER ROBERT B. DOSPOY LAURA E. STANLEY MARISSA A. ALEXANDER DAMIAN E. DOUGLAS SHANNA M. STANN CHARLES C. ALLEN CORBY R. DUNCAN JAMES K. STARLING JAMES P. ALLEN LATOYA D. DUNHAM JONATHAN J. STEIGLER JASON A. ALLEN DALLAS M. DUNN III

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BRANDY M. EASTEP MARCUS L. JORDAN WILLIAM A. MURASKI DAVID G. EASTER ROBERT F. JORDAN OPAL P. MURPHY ALEX D. ECHANIQUE DAVID D. KELLEY SCOTT P. NALE THERESA A. ECHEVARRIA RICHARD S. KELLEY TROYJOHN C. NAPUTI MARLON U. ELBELAU LEAH M. KENFIELD BALBINO M. NAZARIO JENNIFER E. FERGUSON MEGAN J. KEUSS DOMINGO NEGRON EARL R. FIELDS BRIAN B. KIBITLEWSKI KIMBERLY NELSON JOEEN FIGUEROARODRIGUEZ KATARINA KING SCOTT E. NEMETH CRYSTALYN D. FILLMORE TIMOTHY G. KIRBY PHUONG H. NGUYEN DAVID D. FITTRO ERIC P. KLEIN VINH B. NGUYEN GUSTAVO FLORES JULIE M. KLIMACH KATHRYN M. NILSEN JON A. FLORES MICHAEL A. KLOBNAK GEORGE M. NISSON WALTER E. FLOYD JASON M. KNAPP GEORGE S. NIX, JR. SHELIA R. FOGARTY JOSEPH E. KOBES KELLY M. NOCKS MARK A. FOLKERTS ANDREW J. KOCSIS KENNITH B. NORMAN II SARAH L. FORSTER RYAN KOSOWSKY TARA M. OCTAVIANO DAVID J. FORSYTH JESSICA R. KOVACH BRENT A. ODOM JACKEY L. FORTENBERRY TERRANCE L. KRATZ III AYOKUNLE O. OLADIPOFANIYI KRISTIE A. FOSTER JAMES E. KYLE MELISSA A. OLENDORF ALAN R. FOWLER THOMAS J. KYNE II CARLOS C. OQUENDO SYMONE D. FRANKLIN ADDISON F. LADIERO CHRISTOPHER T. ORLOWSKI WILLIAM E. FRY EDWARD B. LANCE, JR. RICARDO ORTIZROSARIO RYAN A. FRYE ROBERT A. LANE, JR. RADAMES ORTIZSANTIAGO SAMANTHA J. GADDIS ANGELA S. LAPE JOHN P. OSULLIVAN JOSEPH J. GALLEGOS TODD A. LAUVRAY LUIS R. OTERO DANIEL M. GALLOWAY ANJEANETTE L. LAWSON JOSE M. OTEROSERRANO ANDREW GARCIA IV QUINTON B. LEATH BRANDON L. OUTLAW PABLO M. GARCIA NAIM R. LEE CHRISTOPHER PAGE HANEDA L. GARNER CALEB A. LEWIS JOSHUA PANEK THOMAS G. GARNER III MARC A. LEWIS ERIC J. PARTIN WILLIE W. GARRIS PAUL Z. LICATA MICHAEL C. PAVLISAK COURTNEY J. GARY MARIA A. LINDSEY JAMIE C. PEER KATRINA M. GAWLIK KEVIN M. LINZEY JESUS A. PENA JAMES C. GEORGE JONATHAN D. LIPSCOMB LEONEL A. PENA TRINA M. GIBBS BLAKE L. LITTLE ERNESTO PEREZ DEJUAN E. GILBERT RONALD G. LOCKLEAR DAVID N. PETERS RYAN K. GODBEE CHRISTINA L. LOGAN EDWARD R. PHELPS, JR. DANIEL S. GONZALES OYYIF K. LOGAN TODD A. PHILLIPS FERMIN GONZALES, JR. NEFRATERIA S. LOVETT MICHELLE POPE VICTOR J. GONZALEZORTIZ SHAUN P. LUCAS ADRIENNE M. PREM JEROME C. GOODRICH, JR. JOSEPH L. LUCHETTA GARY L. PRICE TARICA L. GORDONZACHERY KARL H. LUDEMAN ALBERT A. PRIDE YOLANDA D. GORE JENNIFER A. LUDWICK ALICIA L. PRUITT DENNIS O. GRAVES BETH L. LUTHER BRIAN L. PURDY ROBERT I. GRAY HUNG T. LY PRESTON G. PYSH RODERICK S. GRAY PATRICK T. LYONS JOHN J. QUINN SEAN M. GREEN LASHANDA M. MACK RAJESH RAMLAKHAN JONATHAN R. GREGORY RACHELLE M. MACON PHILIP S. RAUMBERGER LEON K. GRISSETT, SR. ANTHONY S. MAGGERT TORRIONNE RECHE GREGORY W. GROSSMAN CHARLES C. MANNING RAYMOND L. REED III JOHN G. GUBITOSI SHANNON D. MARBURGER CHARLES R. REESE MATTHEW D. HAISTINGS CHARLES L. MARKLEY RICHARD I. REEVES II CASSANDRA D. HALL TED A. MARLATT TABITHA J. REID DAVID J. HANKINS DAVID MARSHALL, JR. CESARIO J. RENDON JEFFREY D. HANNAH DEDRICK J. MARSHALL CARLOS J. REYES TODD A. HANZES ALDRIC O. MARTIN PAUL R. REYES CHRISTOPHER G. HARRIS GREGORIO MARTINEZCHAVEZ BRENT A. REYNOLDS JONATHAN I. HARRIS TERESA L. MARVIN HASSAN K. REYNOLDS TIFFANY P. HARRIS ZORAIDA I. MATHER CHRISTOPHER M. RICHARDSON CHRISTI A. HAUKE JOSHUA W. MATTHEWS JOSHUA RICHEY ARON T. HAUQUITZ BRADLEY M. MAY DAVID L. RILEY, JR. ROBERT J. HEATHERLY ROBERT A. MCCANDLESS OCTAVIO J. RIVERAFONSECA BERNARD T. HELLRUNG JOSEPH J. MCCARTHY ANNIE L. ROBINSON AARON S. HELMS JARED A. MCCORMICK JUDITH F. ROBINSON JEFFREY E. HENDEL CLAIRE MCCULLISS RONDELL ROBINSON RONALD J. HENLEY, JR. JEFFREY T. MCCULLOUGH TANGELA V. ROBINSON STACIE L. HEPLER JONATHAN MCDOUGAL EDUARDO RODRIGUEZ, JR. ABEL HERNANDEZ RYAN W. MCEWAN ERNAN D. RODRIGUEZ JULIE A. HEWETT JARRON C. MCGARRY JUAN A. RODRIGUEZ SHAHEED I. HICKMAN JOHN F. MCGEE REFUGIO RODRIGUEZ III VINCENT K. HIGHLEY TERRENCE M. MCGEE DANA C. ROOD WARRICK L. HIGHTOWER MICHAEL B. MCGUIRE CARMEN J. ROSADO BRANDON J. HILL JAMES S. MCKENZIE PEDRO J. ROSARIO VANESSA HILL CHRISTOPHER Q. MCKINDRA JOHN M. ROY TIMOTHY G. HILTON SCOTT P. MCLENDON NATHAN T. ROZEA WESLEY J. HINKLEY HOWARD G. MCLYMONT ROCHELLE S. RUIZ JOHN P. HOLCOMBE CARPER H. MCMILLAN JEROME RUSSELL, JR. MICHAEL D. HOPKINS JOSE A. MEDINA CHADRICK M. RYG MICHAEL E. HORKAY KARIN R. MEINDL MAXIMO A. SANCHEZGERENA ERIC S. HORTON LEON A. MELTON JAMES D. SANDLIN KERRY M. HOUCK FRANCISCO J. MENDOZA PAUL F. SANTAMARIA GABRIEL H. HOWARD KEVIN H. MENSING EDGAR O. SANTANA ROBERT C. HOWARD KEVIN L. MERCER JEANNETTE SANTANA SHEILA L. HOWELL CARLOS J. MERINO FREDRICK SANTIAGO DANIELLE E. HOYLE DEMOND J. MERRICK JAIME SANTIAGO PAUL C. HUBBARD MATTHEW D. MEYER TOSHIHIDE SASAKI SONIA I. HUERTAS TRISHA A. MEYER JOHN A. SCARBROUGH JAMES M. HUGULEY MICHAEL MEZA GEORGE P. SCHNEIDER, JR. JEREMIAH J. HULL MAURICE A. MILES CHARLES M. SEABERRY ERIN J. HUMELSINE REBECCA A. MILKOWSKI JOHN D. SEITZ LONNIE E. HUMPHREY, JR. ANTHONY S. MILLER MAX V. SELF HWAJIN HURT KARMA A. MILLER CHARLES D. SESSIONS KEVIN W. HUTCHESON MICHAEL J. MILLER JON H. SHACKELFORD JAMES T. IANITELLI STEPHEN E. MILLER DAVID C. SHAFFER SHAUN P. IBE ASHLEY T. MILLETT SCOTT L. SHAFFER BRENT R. IRISH FRANCISCO J. MIRANDAZAYAS AARON M. SHAMBLIN ONWE R. IVORY CARRIE A. MITCHELL SCOTT D. SHANNON INA S. JACKSON JERRY D. MOIZE JOHN C. SHEAFFER JEREMY W. JACKSON BERNARD K. MONROE ALEX B. SHIMABUKURO LARRY JACKSON, JR. MILTON A. MONTENEGRO RHOAD J. SHUPE MARTY L. JACKSON BELINDA M. MOOD UPENDA P. SIBLEY SCOTT T. JACKSON ADAM B. MOODIE LARRY M. SIMPSON RICKY M. JANSEN LILIU P. MOODY DAWN M. SMALLS JEFFREY L. JENNINGS TERRY D. MOODY TROY L. SMART KIMBERLEY M. JENNINGS TIMOTHY S. MOON MICHAEL A. SMILEY RANDY B. JETER, SR. AVERY C. MOORE ANDREW B. SMITH JESSIE N. JEUNE BRIAN W. MOORE DAVID W. SMITH ALICIA J. JOHNSON TORRENCE D. MOORE DINA M. SMITH DARREL L. JOHNSON WILTON MORALES JAMISON R. SMITH JAMES S. JOHNSON SCOTTY T. MORI JULIUS SMITH, JR. JOSHUA M. JOHNSON MARLON M. MORMAN STEVE C. SMITH SYLVIA D. JOHNSON TIFFANY A. MORMAN THOMAS C. SMITH TROY S. JOHNSON CAREY L. MORROW DEANA M. SOFFOS ANDREW R. JOHNSTON JOANNA MOSBY DERON M. SOMMERS CHRISTOPHER M. JONES JAMES T. MOSLEY, JR. KARL P. SONDERMANN TYRONE JONES, JR. PARKER S. MOYE JASON A. SOPKO JOSHUA B. JORDAN WILLIAM R. MULKEY BENJAMIN SOTO

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TEX W. SOTO RICKEY J. TORRES DION E. WILLIAMS ANGEL L. SOTOVELAZQUEZ ROCKY O. TORRES LISBON J. WILLIAMS, JR. CHERYL N. SPARKS LUCAS R. TOWNE TAYONIA M. WILLIAMS MATTHEW S. SPARKS CHRISTOPHER M. TRAMONTANA TONY L. WINSTON JAMES G. SPEARS BRIAN M. TRAVIS EDWARD K. WOO DAVID E. SPOHN BRAD A. TWEEDY SIMEON J. WOOD JERRY L. STARR JAY S. VANDENBOS DEVIN C. WOODS BENJAMIN A. STEADMAN ELIZABETH VARGAS NIKOLITSA WOOTEN ALAN L. STEPHENS RODRIGO A. VARGAS ANGELIQUE WORTH CHRISTOPHER R. STEWART FRANCISCO J. VAZQUEZ PAMELA S. WRIGHT TODD F. STULL ANGEL G. VEGA CHRISTOPHER C. WURST DOMINICK T. SUPERSAD, JR. BERTALINA VILLAR TRACI J. YAMADA JONATHAN M. SWAN AMELIA H. WALDON ELIAS YBARRA JERALD D. SWANSON ROBERT M. WALKER LEONANI I. YORK PEARLETHA SWATSON WILLIAM S. WALKER RAYMOND K. YU MATTHEW A. SWEENEY JOSHUA M. WALTER SARAH K. YUN OLIVIA S. TAPLIN DAVID D. WALTERS JOSEPH C. ZABALDANO DELARIUS V. TARLTON CHARLES D. WARD CODY L. ZACH GEORGE M. TAYLOR VERNETTA C. WARNER MICHAEL B. TAYLOR VAUGHN P. WARREN f STEPHEN J. TEGGE JASON WATERS AARON C. TELLER MICHAEL C. WATSON BENJAMIN M. TERWILLIGER CHAD B. WATTS WITHDRAWAL PATTY L. TESAR HEATH R. WEAVER MICHAEL E. THOMAS WILLIAM G. WEAVER Executive Message transmitted by MICHAEL D. THOMPSON KENDALL C. WELLS the President to the Senate on May 9, SHANNON N. THOMPSON APRIL J. WHARTON TONY L. THORNTON LEROY WHEELER 2011 withdrawing from further Senate ERIC W. TIMMERMAN CHANDRIA R. WHITE consideration the following nomina- QUETABALA L. TOBIN MARCUS J. WHITE SHARON L. TOLBERT KEMAU A. WHITTINGTON tion: WILLIAM E. TOLES, JR. ALLIN L. WHITTLE II PAUL M. TIAO, OF MARYLAND, TO BE INSPECTOR GEN- DAVID A. TOLLESON GREGORY W. WILEY ERAL, DEPARTMENT OF LABOR, VICE GORDON S. MARYGRACE P. TOMOMITSU OLRIC R. WILKINS II HEDDELL, RESIGNED, WHICH WAS SENT TO THE SENATE KAREEM J. TOOMER ADAM C. WILLCOXON ON JANUARY 26, 2011.

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Drake Boulevard in Inverness, Cali- uprisings in North Africa and the Mid- fornia, as the ‘‘Specialist Jake Robert dle East exist in any of the Central SENATE COMMITTEE MEETINGS Velloza Post Office’’, S. 349, to des- Asian States. Title IV of Senate Resolution 4, ignate the facility of the United States 2322, Rayburn Building agreed to by the Senate on February 4, Postal Service located at 4865 2:30 p.m. 1977, calls for establishment of a sys- Tallmadge Road in Rootstown, Ohio, as Energy and Natural Resources the ‘‘Marine Sgt. Jeremy E. Murray National Parks Subcommittee tem for a computerized schedule of all Post Office’’, and S. 655, to designate meetings and hearings of Senate com- To hold hearings to examine S. 114, to the facility of the United States Postal authorize the Secretary of the Interior mittees, subcommittees, joint commit- Service located at 95 Dogwood Street to enter into a cooperative agreement tees, and committees of conference. in Cary, Mississippi, as the ‘‘Spencer for a park headquarters at San Antonio This title requires all such committees Byrd Powers, Jr. Post Office’’. Missions National Historical Park, to SD–342 to notify the Office of the Senate Daily expand the boundary of the Park, to Appropriations Digest—designated by the Rules Com- conduct a study of potential land ac- Departments of Labor, Health and Human quisitions, S. 127, to establish the Buf- mittee—of the time, place, and purpose Services, and Education, and Related of the meetings, when scheduled, and Agencies Subcommittee falo Bayou National Heritage Area in any cancellations or changes in the To hold hearings to examine proposed the State of Texas, S. 140, to designate meetings as they occur. budget estimates for fiscal year 2012 for as wilderness certain land and inland As an additional procedure along the National Institutes of Health. water within the Sleeping Bear Dunes with the computerization of this infor- SD–124 National Lakeshore in the State of Michigan, S. 161, to establish Pinnacles mation, the Office of the Senate Daily Foreign Relations Near Eastern and South and Central Asian National Park in the State of Cali- Digest will prepare this information for Affairs Subcommittee fornia as a unit of the National Park printing in the Extensions of Remarks To hold hearings to examine human System, S. 177, to authorize the Sec- section of the CONGRESSIONAL RECORD rights and democratic reform in Iran. retary of the Interior to acquire the on Monday and Wednesday of each SD–419 Gold Hill Ranch in Coloma, California, week. 10:15 a.m. S. 247, to establish the Harriet Tubman Meetings scheduled for Tuesday, May Judiciary National Historical Park in Auburn, 10, 2011 may be found in the Daily Di- Antitrust, Competition Policy and Con- New York, and the Harriet Tubman Un- sumer Rights Subcommittee gest of today’s RECORD. derground Railroad National Historical To hold hearings to examine the AT&T/ Park in Caroline, Dorchester, and Tal- T-Mobile merger. MEETINGS SCHEDULED bot Counties, Maryland, S. 279, to di- SD–226 rect the Secretary of the Interior to MAY 11 1:30 p.m. carry out a study to determine the 10 a.m. Armed Services suitability and feasibility of estab- Appropriations Personnel Subcommittee lishing Camp Hale as a unit of the Na- Department of Defense Subcommittee To resume hearings to examine the Ac- tional Park System, S. 302, to author- To hold hearings to examine proposed tive, Guard, Reserve, and civilian per- ize the Secretary of the Interior to budget estimates for fiscal year 2012 for sonnel programs in review of the De- issue right-of-way permits for a nat- the Guard and Reserve. fense Authorization Request for fiscal ural gas transmission pipeline in non- SD–192 year 2012 and the Future Years Defense wilderness areas within the boundary Finance Program. of Denali National Park, S. 313, to au- To hold hearings to examine the United SR–232A thorize the Secretary of the Interior to States-Colombia Trade Promotion 2 p.m. issue permits for a microhydro project Agreement. Commerce, Science, and Transportation in nonwilderness areas within the SD–215 To hold hearings to examine manufac- boundaries of Denali National Park Health, Education, Labor, and Pensions turing our way to a stronger economy. and Preserve, to acquire land for Primary Health and Aging Subcommittee SR–253 Denali National Park and Preserve To hold hearings to examine diverting Rules and Administration non-urgent emergency room use, focus- Business meeting to consider the nomi- from Doyon Tourism, Inc, S. 323, to es- ing on if it can provide better care and nation of William J. Boarman, of Mary- tablish the First State National His- lower costs. land, to be Public Printer, Government torical Park in the State of Delaware, SD–430 Printing Office, S. Res. 116, to provide S. 403, to amend the Wild and Scenic Homeland Security and Governmental Af- for expedited Senate consideration of Rivers Act to designate segments of fairs certain nominations subject to advice the Molalla River in the State of Or- Business meeting to consider S. 772, to and consent, and S. 739, to authorize egon, as components of the National protect Federal employees and visitors, the Architect of the Capitol to estab- Wild and Scenic Rivers System, S. 404, improve the security of Federal facili- lish battery recharging stations for pri- to modify a land grant patent issued by ties and authorize and modernize the vately owned vehicles in parking areas the Secretary of the Interior, S. 508, to Federal Protective Service, S. 550, to under the jurisdiction of the Senate at establish the Chimney Rock National improve the provision of assistance to no net cost to the Federal Government. Monument in the State of Colorado, S. fire departments, S. 792, to authorize SR–301 535, to authorize the Secretary of the the waiver of certain debts relating to Armed Services Interior to lease certain lands within assistance provided to individuals and Strategic Forces Subcommittee Fort Pulaski National Monument, S. households since 2005, S. Res. 174, ex- To hold hearings to examine military 564, to designate the Valles Caldera Na- pressing the sense of the Senate that space programs in review of the De- tional Preserve as a unit of the Na- effective sharing of passenger informa- fense Authorization Request for fiscal tional Park System, S. 599, to establish tion from inbound international flight year 2012 and the Future Years Defense a commission to commemorate the ses- manifests is a crucial component of our Program; with the possibility of a quicentennial of the American Civil national security and that the Depart- closed session in SVC–217 following the War, S. 713, to modify the boundary of ment of Homeland Security must open session. Petersburg National Battlefield in the maintain the information sharing SD–106 Commonwealth of Virginia, S. 765, to standards required under the 2007 Pas- Commission on Security and Cooperation modify the boundary of the Oregon senger Name Record Agreement be- in Europe Caves National Monument, S. 779, to tween the United States and the Euro- To hold hearings to examine Central authorize the acquisition and protec- pean Union, H.R. 793, to designate the Asia and the Arab spring, focusing on tion of nationally significant battle- facility of the United States Postal growing pressure for human rights and fields and associated sites of the Revo- Service located at 12781 Sir Francis whether the factors that drove the lutionary War and the War of 1812

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 02:28 May 10, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M09MY8.000 E09MYPT1 jbell on DSKDVH8Z91PROD with REMARKS E836 CONGRESSIONAL RECORD — Extensions of Remarks May 9, 2011 under the American Battlefield Protec- Water Pollution Control Act, S. 623, to 10:30 a.m. tion Program, S. 849, to establish the amend chapter 111 of title 28, United Appropriations Waco Mammoth National Monument in States Code, relating to protective or- Department of Defense Subcommittee the State of Texas, and S. 858, to au- ders, sealing of cases, disclosures of To receive a closed briefing the United thorize the Secretary of the Interior to discovery information in civil actions, States Northern Command conduct a special resource study to de- S. 890, ‘‘Fighting Fraud to Protect Tax- (NORTHCOM) and the United States termine the suitability and feasibility payers Act of 2011’’, and the nomina- Southern Command (SOUTHCOM). of designating the Colonel Charles tions of Henry F. Floyd, of South Caro- SVC–217 Young Home in Xenia, Ohio as a unit of lina, to be United States Circuit Judge Homeland Security and Governmental Af- the National Park System. for the Fourth Circuit, Kathleen M. fairs SD–366 Williams, to be United States District Federal Financial Management, Govern- Judge for the Southern District of ment Information, Federal Services, MAY 12 and International Security Sub- Florida, Nelva Gonzales Ramos, to be committee 9:15 a.m. United States District Judge for the To hold hearings to examine addressing Foreign Relations Southern District of Texas, Richard the U.S. Postal Service’s financial cri- To hold hearings to examine assessing Brooke Jackson, to be United States the situation in Libya. sis. District Judge for the District of Colo- SD–342 SD–419 rado, Sara Lynn Darrow, to be United 9:30 a.m. States District Judge for the Central Energy and Natural Resources MAY 18 District of Illinois, and Donald B. To hold hearings to examine carbon cap- 10 a.m. Verrilli, Jr., of the District of Colum- ture and sequestration legislation, in- Armed Services bia, to be Solicitor General of the cluding S. 699, to authorize the Sec- Readiness and Management Support Sub- retary of Energy to carry out a pro- United States, Department of Justice. committee gram to demonstrate the commercial SD–226 To hold hearings to examine the current application of integrated systems for 10:30 a.m. materiel readiness of U.S. Forces in re- long-term geological storage of carbon Appropriations view of the Defense Authorization Re- dioxide, and S. 757, to provide incen- Department of Defense Subcommittee quest for fiscal year 2012 and the Fu- tives to encourage the development To receive a closed briefing on the pro- ture Years Defense Program. and implementation of technology to posed budget estimates for fiscal year SR–232A capture carbon dioxide from dilute 2012 for the United States Special Oper- Veterans’ Affairs sources on a significant scale using di- ations Command, and the United To hold hearings to examine seamless rect air capture technologies. States European Command. transition, focusing on improving Vet- SD–366 SVC–217 erans Affairs and Department of De- Appropriations 2 p.m. fense collaboration. Transportation and Housing and Urban De- Banking, Housing, and Urban Affairs SR–418 velopment, and Related Agencies Sub- Housing, Transportation and Community 2:30 p.m. committee Development Subcommittee Energy and Natural Resources To hold hearings to examine proposed To hold hearings to examine the need for Public Lands and Forests Subcommittee budget estimates for fiscal year 2012 for national mortgage servicing standards. To hold hearings to examine S. 220, to the Federal Aviation Administration. SD–538 provide for the reforestation of forest SD–138 2:30 p.m. landscapes, protection of old growth 9:45 a.m. Environment and Public Works forests, and management of national Health, Education, Labor, and Pensions Clean Air and Nuclear Safety Sub- forests in the eastside forests of the To hold hearings to examine the middle committee State of Oregon, S. 270, to direct the class, focusing on if the American To hold hearings to examine Federal ef- Secretary of the Interior to convey cer- dream is slipping out of reach for tain Federal land to Deschutes County, forts to protect public health by reduc- American families. Oregon, S. 271, to require the Secretary ing diesel emissions. SD–430 of Agriculture to enter into a property SD–406 10 a.m. conveyance with the city of Wallowa, Homeland Security and Governmental Af- Banking, Housing, and Urban Affairs Oregon, S. 278, to provide for the ex- Business meeting to consider the nomi- fairs change of certain land located in the nations of Peter A. Diamond, of Massa- To hold hearings to examine ten years Arapaho-Roosevelt National Forests in chusetts, to be a Member of the Board after 9/11, focusing on if intelligence re- the State of Colorado, S. 292, to resolve of Governors of the Federal Reserve form is working. the claims of the Bering Straits Native System, David S. Cohen, of Maryland, SD–342 Corporation and the State of Alaska to to be Under Secretary for Terrorism Appropriations land adjacent to Salmon Lake in the and Financial Crimes, Daniel L. Glaser, Legislative Branch Subcommittee State of Alaska and to provide for the of the District of Columbia, to be As- To hold hearings to examine proposed conveyance to the Bering Straits Na- sistant Secretary for Terrorist Financ- budget estimates for fiscal year 2012 for tive Corporation of certain other public ing, and Timothy G. Massad, of Con- the Secretary of the Senate, the Senate land in partial satisfaction of the land necticut, to be Assistant Secretary, all Sergeant at Arms, and the United entitlement of the Corporation under of the Department of the Treasury, and States Capitol Police. the Alaska Native Claims Settlement Wanda Felton, of New York, to be First SD–138 Act, S. 322, to expand the Alpine Lakes Vice President, and Sean Robert Armed Services Wilderness in the State of Washington, Mulvaney, of Illinois, to be a Member, SeaPower Subcommittee to designate the Middle Fork both of the Board of Directors of the To receive a closed briefing on threats Snoqualmie River and Pratt River as Export-Import Bank of the United faced by our naval forces and the capa- wild and scenic rivers, S. 382, to amend States; to be immediately followed by bilities of our naval forces to respond the National Forest Ski Area Permit an oversight hearing to examine the to those threats in review of the De- Act of 1986 to clarify the authority of Dodd-Frank implementation, focusing fense Authorization Request for fiscal the Secretary of Agriculture regarding on monitoring systemic risk and pro- year 2012 and the Future Years Defense additional recreational uses of Na- moting financial stability. Program. tional Forest System land that is sub- SD–538 SVC–217 ject to ski area permits, and for other Commerce, Science, and Transportation permits, S. 427, to withdraw certain Intelligence To hold hearings to examine economic land located in Clark County, Nevada, To hold closed hearings to examine cer- ramifications of cyber threats and from location, entry, and patent under tain intelligence matters. vulnerabilities to the private sector. the mining laws and disposition under SH–219 SR–253 all laws pertaining to mineral and geo- Finance thermal leasing or mineral materials, To hold hearings to examine oil and gas MAY 17 S. 526, to provide for the conveyance of tax incentives and rising energy prices. 10 a.m. certain Bureau of Land Management SD–215 Foreign Relations land in Mohave County, Arizona, to the Judiciary To hold hearings to examine strategic Arizona Game and Fish Commission, Business meeting to consider S. 350, to implications of Pakistan and the re- for use as a public shooting range, S. require restitution for victims of gion. 566, to provide for the establishment of criminal violations of the Federal SD–419 the National Volcano Early Warning

VerDate Mar 15 2010 02:28 May 10, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\M09MY8.000 E09MYPT1 jbell on DSKDVH8Z91PROD with REMARKS May 9, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E837 and Monitoring System, S. 590, to con- MAY 19 cilitation Act, and S. 730, to provide for vey certain submerged lands to the 10 a.m. the settlement of certain claims under Commonwealth of the Northern Mar- Foreign Relations the Alaska Native Claims Settlement iana Islands in order to give that terri- To hold hearings to examine evaluating Act. tory the same benefits in its submerged goals and progress in Afghanistan and SD–366 lands as Guam, the Virgin Islands, and Pakistan. American Samoa have in their sub- SD–419 MAY 26 merged lands, S. 607, to designate cer- 10:30 a.m. tain land in the State of Oregon as wil- MAY 24 derness, to provide for the exchange of Appropriations 10 a.m. certain Federal land and non-Federal Department of Defense Subcommittee Foreign Relations land, S. 617, to require the Secretary of To receive a closed briefing on the To hold hearings to examine al Qaeda, the Interior to convey certain Federal United States Central Command the Taliban, and other extremist land to Elko County, Nevada, and to (CENTCOM) and United States African groups in Afghanistan and Pakistan. take land into trust for the Te-moak Command (AFRICOM). SD–419 Tribe of Western Shoshone Indians of SVC–217 Nevada, S. 683, to provide for the con- MAY 25 veyance of certain parcels of land to JUNE 15 the town of Mantua, Utah, S. 684, to 10 a.m. 10:30 a.m. provide for the conveyance of certain Homeland Security and Governmental Af- Appropriations parcels of land to the town of Alta, fairs Utah, S. 667, to establish the Rio To hold hearings to examine how to save Department of Defense Subcommittee Grande del Norte National Conserva- taxpayer dollars, focusing on case stud- To hold hearings to examine the Sec- tion Area in the State of New Mexico, ies of duplication in the Federal gov- retary of Defense and the Chairman of S. 729, to validate final patent number ernment. the Joint Chiefs of Staff. 27–2005-0081, S. 766, to provide for the SD–342 SD–192 designation of the Devil’s Staircase 10:30 a.m. Wilderness Area in the State of Oregon, Appropriations JUNE 16 Department of Defense Subcommittee to designate segments of Wasson and 10:30 a.m. To hold hearings to examine proposed Franklin Creeks in the State of Oregon Energy and Natural Resources budget estimates for fiscal year 2012 for as wild rivers, S. 896, to amend the To hold hearings to examine S. 343, to Public Land Corps Act of 1993 to ex- the Missile Defense Agency. amend Title I of PL 99–658 regarding pand the authorization of the Secre- SD–192 the Compact of Free Association be- taries of Agriculture, Commerce, and 2:30 p.m. the Interior to provide service opportu- Energy and Natural Resources tween the Government of the United nities for young Americans; help re- Public Lands and Forests Subcommittee States of America and the Government store the nation’s natural, cultural, To hold hearings to examine S. 233, to of Palau, to approve the results of the historic, archaeological, recreational withdraw certain Federal land and in- 15-year review of the Compact, includ- and scenic resources; train a new gen- terests in that land from location, ing the Agreement Between the Gov- eration of public land managers and en- entry, and patent under the mining ernment of the United States of Amer- thusiasts; and promote the value of laws and disposition under the mineral ica and the Government of the Repub- public service, and S. 897, to amend the and geothermal leasing laws, S. 375, to lic of Palau Following the Compact of Surface Mining Control and Reclama- authorize the Secretary of Agriculture Free Association Section 432 Review, tion Act of 1977 to clarify that and the Secretary of the Interior to and to appropriate funds for the pur- uncertified States and Indian tribes enter into cooperative agreements with poses of the amended PL 99–658 for fis- have the authority to use certain pay- State foresters authorizing State for- cal years ending on or before Sep- ments for certain noncoal reclamation esters to provide certain forest, range- tember 30, 2024, to carry out the agree- projects and acid mine remediation land, and watershed restoration and ments resulting from that review. programs. protection services, S. 714, to reauthor- SD–366 SD–366 ize the Federal Land Transaction Fa-

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HIGHLIGHTS Senator-designate Dean Heller, of Nevada, was administered the oath of office by the Vice President. Senate the District of Columbia, to be Deputy Attorney Chamber Action General. Page S2772 Routine Proceedings, pages S2755–S2813 Nominations Received: Senate received the fol- Measures Introduced: Seventeen bills and two reso- lowing nominations: lutions were introduced, as follows: S. 910–926, and Barbara K. McQuiston, of California, to be an As- S. Res. 173–174. Pages S2777–78 sistant Secretary of Defense. Measures Reported: Michael H. Corbin, of California, to be Ambas- S. 498, to ensure objective, independent review of sador to the United Arab Emirates. task and delivery orders, with an amendment. (S. Jeffrey DeLaurentis, of New York, to be Alternate Rept. No. 112–16) Page S2777 Representative of the United States of America for Measures Passed: Special Political Affairs in the United Nations, with 25th Anniversary of the Chernobyl Nuclear Dis- the rank of Ambassador. aster: Committee on Foreign Relations was dis- Jeffrey DeLaurentis, of New York, to be an Alter- charged from further consideration of S. Res. 153, nate Representative of the United States of America recognizing the 25th anniversary of the Chernobyl to the Sessions of the General Assembly of the nuclear disaster, and the resolution was then agreed United Nations, during his tenure of service as Al- to, after agreeing to the following amendment pro- ternate Representative of the United States of Amer- posed thereto: Page S2799 ica for Special Political Affairs in the United Na- Reid (for Lugar) Amendment No. 319, to amend tions. the resolving clause. Page S2799 Jeanine E. Jackson, of Wyoming, to be Ambas- Swearing in of Senator Heller: Senator-designate sador to the Republic of Malawi. Dean Heller, of Nevada, was sworn in to fill the va- William H. Moser, of North Carolina, to be Am- cancy created by the resignation of John Ensign. bassador to the Republic of Moldova. Pages S2755–56 Matthew H. Tueller, of Utah, to be Ambassador Cole Nomination: Senate resumed consideration to the State of Kuwait. of the nomination of James Michael Cole, of the Dis- Laura A. Cordero, of the District of Columbia, to trict of Columbia, to be Deputy Attorney General. be a Member of the Board of Trustees of the Harry Pages S2766–72 S Truman Scholarship Foundation for a term expir- During consideration of this measure today, Senate ing December 15, 2015. also took the following action: Stephen A. Higginson, of Louisiana, to be United By 50 yeas to 40 nays (Vote No. 67), three-fifths States Circuit Judge for the Fifth Circuit. of those Senators duly chosen and sworn, not having 1 Marine Corps nomination in the rank of general. voted in the affirmative, Senate rejected the motion 19 Navy nominations in the rank of admiral. to close further debate on the nomination. Routine lists in the Air Force and Army. Pages S2771–72 Pages S2801–13 Subsequently, Senator Reid entered a motion to Nomination Withdrawn: Senate received notifica- reconsider the vote by which cloture was not in- voked on the nomination of James Michael Cole, of tion of withdrawal of the following nomination: D467

VerDate Mar 15 2010 05:28 Feb 15, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D09MY1.REC D09MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D468 CONGRESSIONAL RECORD — DAILY DIGEST May 9, 2011 Paul M. Tiao, of Maryland, to be Inspector Gen- Adjournment: Senate convened at 2 p.m. and ad- eral, Department of Labor, which was sent to the journed at 6:58 p.m., until 10 a.m. on Tuesday, May Senate on January 26, 2011. Page S2813 10, 2011. (For Senate’s program, see the remarks of Messages from the House: Page S2775 the Majority Leader in today’s Record on page S2801.) Measures Placed on the Calendar: Pages S2756, S2775 Executive Communications: Pages S2775–77 Committee Meetings Executive Reports of Committees: Page S2777 (Committees not listed did not meet) Additional Cosponsors: Pages S2778–79 BUSINESS MEETING Statements on Introduced Bills/Resolutions: Pages S2779–99 Committee on the Judiciary: Committee ordered favor- ably reported the nominations of Bernice Bouie Don- Additional Statements: Pages S2773–75 ald, of Tennessee, to be United States Circuit Judge Amendments Submitted: Page S2799 for the Sixth Circuit, Virginia A. Seitz, of the Dis- Notices of Hearings/Meetings: Page S2799 trict of Columbia, and Lisa O. Monaco, of the Dis- trict of Columbia, both to be an Assistant Attorney Authorities for Committees to Meet: Page S2799 General, and Denise Ellen O’Donnell, of New York, Record Votes: One record vote was taken today. to be Director of the Bureau of Justice Assistance, (Total—67) Pages S2771–72 all of the Department of Justice. h House of Representatives diately followed by an open hearing in SR–232A, 2:30 Chamber Action p.m., SVC–217. The House was not in session today. The House Committee on Banking, Housing, and Urban Affairs: to is scheduled to meet at 12 noon on Tuesday, May hold hearings to examine reviewing the Financial Crisis 10, 2011. Inquiry Commission’s final report, 10 a.m., SD–538. Committee on Commerce, Science, and Transportation: to hold hearings to examine the Transportation Worker Committee Meetings Identification Credential Program, 2:30 p.m., SR–253. No committee hearings were held. Committee on Energy and Natural Resources: to hold hear- ings to examine new developments in upstream oil and Joint Meetings gas technologies, 10 a.m., SD–366. No joint committee meetings were held. Committee on Finance: to hold hearings to examine per- spectives on deficit reduction, focusing on Social Security, f 10 a.m., SD–215. Committee on Foreign Relations: to hold hearings to exam- COMMITTEE MEETINGS FOR TUESDAY, ine steps needed for a successful 2014 transition in Af- MAY 10, 2011 ghanistan, 10 a.m., SD–419. (Committee meetings are open unless otherwise indicated) Committee on Homeland Security and Governmental Affairs: Subcommittee on Oversight of Government Management, Senate the Federal Workforce, and the District of Columbia, Committee on Appropriations: Subcommittee on Depart- with the Subcommittee on Federal Financial Manage- ment of Homeland Security, to hold hearings to examine ment, Government Information, Federal Services, and proposed budget estimates for fiscal year 2012 for the International Security, to hold joint hearings to examine Coast Guard, focusing on an examination of operational a roadmap for a more efficient and accountable Federal and recapitalization requirements, 10 a.m., SD–138. government, focusing on implementing the ‘‘Government Committee on Armed Services: Subcommittee on Emerging Performance and Results (GPRA) Modernization Act,’’ Threats and Capabilities, to hold closed hearings to exam- 2:30 p.m., SD–562. ine proliferation prevention programs at the Department Committee on the Judiciary: Subcommittee on Privacy, of Energy and the Department of Defense in review of Technology and the Law, to hold hearings to examine the Defense Authorization Request for fiscal year 2012 protecting mobile privacy, focusing on smartphones, tab- and the Future Years Defense Program; to be imme- lets, cell phones and privacy, 10 a.m., SD–226.

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Select Committee on Intelligence: to hold closed hearings to Challenge Corporation in Africa: The FY2012 Proposed examine certain intelligence matters, 2:30 p.m., SH–219. Budget, 2 p.m., 2172 Rayburn. Committee on Oversight and Government Reform: Full Com- House mittee, hearing entitled ‘‘The Future of Capital Forma- Committee on Energy and Commerce: Full Committee, tion.’’ 12:30 p.m., 2154 Rayburn. begin markup of the following: H.R. 5, the Help Effi- Committee on Rules: Full Committee, hearing on H.R. cient, Accessible, Low-cost, Timely Healthcare 1231, Reversing President Obama’s Offshore Moratorium (HEALTH) Act of 2011; and H.R. 908, the Full Imple- Act, 5 p.m., H–313 Capitol. mentation of the Chemical Facility Anti-Terrorism Stand- ards (CFATS) Act, as reported by the Subcommittee on Correction to the schedule for the week Environment and the Economy, 4 p.m., 2123 Rayburn. Committee on House Administration: May 11, Sub- Committee on Foreign Affairs: Subcommittee on Africa, committee on Oversight, hearing entitled ‘‘GPO—Issues Global Health, and Human Rights, hearing on Govern- and Challenges: How will GPO Transition to the Fu- ance, Democracy, Human Rights, and the Millennium ture?’’ 1:30 p.m., 210 Cannon.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, May 10 12 noon, Tuesday, May 10

Senate Chamber House Chamber Program for Tuesday: Senate will be in a period of Program for Tuesday: To be announced. morning business until 5 p.m. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

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