May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6819 SENATE—Monday, May 9, 2011

The Senate met at 2 p.m. and was shortly, and following any leader re- at the desk, the Chair will administer called to order by the Honorable RICH- marks, the Senate will be in morning the oath of office. ARD BLUMENTHAL, a Senator from the business until 4:30 p.m. At that time The Senator-designate, DEAN HEL- State of Connecticut. there will be 1 hour of debate on the LER, escorted by Mr. REID, advanced to nomination of James Cole to be Deputy the desk of the Vice President; the PRAYER Attorney General. At approximately oath prescribed by law was adminis- The Chaplain, Dr. Barry C. Black, of- 5:30, there will be a cloture vote on the tered to him by the Vice President; and fered the following prayer: Cole nomination. he subscribed to the oath in the Offi- Let us pray. Last week, we were able to enter into cial Oath Book. Merciful God, take possession of our a consent agreement on the nomina- The VICE PRESIDENT. Congratula- hearts so that we will do Your will. Use tion of Edward Chen. We expect to vote tions. us for Your glory as beacons of light on this nomination sometime this Mr. HELLER. Thank you very much. and inspiration in our Nation and week. (Applause, Senators rising.) world. We desire for Your name to re- I note the absence of a quorum. Mr. UDALL of New Mexico. I suggest ceive the honor it is due. So show us The ACTING PRESIDENT pro tem- the absence of a quorum. Your ways and teach us Your path. pore. The clerk will call the roll. The ACTING PRESIDENT pro tem- Lord, be gracious to the Members of The legislative clerk proceeded to pore. The clerk will call the roll. this body, showering them liberally call the roll. The legislative clerk proceeded to with Your wisdom. Let Your love fill Mr. REID. Mr. President, I ask unan- call the roll. and rule their lives, preparing them for imous consent that the order for the Mr. REID. Mr. President, I ask unan- that bliss You will give to those who quorum call be rescinded. imous consent that the order for the love You. The ACTING PRESIDENT pro tem- quorum call be rescinded. We pray in Your great name. Amen. pore. Without objection, it is so or- The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- f dered. f dered. PLEDGE OF ALLEGIANCE f CERTIFICATE OF APPOINTMENT The Honorable RICHARD BLUMENTHAL MEASURE PLACED ON THE led the Pledge of Allegiance as follows: The VICE PRESIDENT. The Chair CALENDAR—H.R. 3 I pledge allegiance to the Flag of the lays before the Senate the certificate United States of America and to the Repub- of appointment to fill the vacancy cre- Mr. REID. Mr. President, I am told lic for which it stands, one nation under God, ated by the resignation of former Sen- that H.R. 3 is at the desk and due for a indivisible, with liberty and justice for all. ator John Ensign of Nevada. The cer- second reading. f tificate, the Chair is advised, is in the The ACTING PRESIDENT pro tem- form suggested by the Senate. pore. The clerk will read the bill by APPOINTMENT OF ACTING title for the second time. PRESIDENT PRO TEMPORE If there be no objection, the reading of the certificate will be waived and it The legislative clerk read as follows: The PRESIDING OFFICER. The will be printed in full in the RECORD. A bill (H.R. 3) to prohibit taxpayer funded clerk will please read a communication There being no objection, the mate- abortions and to provide for conscience pro- to the Senate from the President pro rial was ordered to be printed in the tections, and for other purposes. tempore (Mr. INOUYE). RECORD, as follows: Mr. REID. Mr. President, I would now The legislative clerk read the fol- STATE OF NEVADA object to any further proceedings at lowing letter: Executive Department this time. U.S. SENATE, The ACTING PRESIDENT pro tem- CERTIFICATE OF APPOINTMENT PRESIDENT PRO TEMPORE, pore. Objection having been heard, the Washington, DC, May 9, 2011. To the President of the Senate of the United States: bill will be placed on the calendar To the Senate: This is to certify that, pursuant to the under rule XIV. Under the provisions of rule I, paragraph 3, power vested in me by the Constitution of f of the Standing Rules of the Senate, I hereby the United States and the laws of the State appoint the Honorable RICHARD of Nevada, I, Brian Sandoval, the governor of SCHEDULE BLUMENTHAL, a Senator from the State of said State, do hereby appoint Dean Heller a Connecticut, to perform the duties of the Senator from said State to represent said Mr. REID. Mr. President, every time Chair. State in the Senate of the United States we have a peaceful transfer of power at DANIEL K. INOUYE, until the vacancy therein caused by the res- any level of our government, it speaks ignation of John Ensign, is filled by election President pro tempore. as provided by law. to the strength of our democracy. Mr. BLUMENTHAL thereupon as- Witness: His excellency our governor Brian Today is no different. sumed the chair as Acting President Sandoval, and our seal hereto affixed at Car- Today, Nevada welcomes our newly son City, Nevada, this third day of May, in appointed Senator, DEAN HELLER— pro tempore. the year of our Lord 2011. f By the governor: until a few minutes ago, Congressman HELLER—to this side of the Capitol. Ne- RECOGNITION OF THE MAJORITY BRIAN SANDOVAL, Governor. vada is still reeling, more than most, LEADER ROSS MILLER, from the Wall Street recession that The ACTING PRESIDENT pro tem- Secretary of State. crashed our housing and jobs markets. pore. The majority leader is recog- [State Seal Affixed] I look forward to working with our new nized. f junior Senator to make the tough f choices that will help our State and ADMINISTRATION OF OATH OF our citizens recover. SCHEDULE OFFICE The Senate will soon confront one of Mr. REID. Mr. President, following The VICE PRESIDENT. If the Sen- those tough choices. We will continue the ceremony that will take place very ator-designate will now present himself our conversation about how to save

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

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6820 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 taxpayer money and lower our Nation’s this before. Every time gas prices go ter before them, today’s Democrats are deficit and debt. We have to recognize up, Democrats claim there is nothing using the crisis of the moment as an that we cannot do either so long as we they can do about it. Then they pro- excuse to push their own vision of the keep giving away money to oil compa- pose something completely counter- future with a ‘‘windfall profits tax’’ on nies that clearly do not need taxpayer productive just to quiet their critics. energy companies. And just like Carter handouts. As gas prices and oil com- This time, it is a tax increase. That is before them, they have rightly been ac- pany profits keep rising, each Senator the Democratic response to high gas cused of bringing a BB gun to the war. will soon have the opportunity to stand prices—a tax hike. This is a serious crisis. It is time for with the millionaires or with the mid- Well, the first thing to say about this serious solutions—solutions that cre- dle class. proposal is that it will not do a thing ate jobs instead of moving them over- Also, today the Senate will vote on to lower gas prices—not a thing. In seas, solutions that decrease our de- whether to advance the nomination of fact, raising taxes on American energy pendence on foreign sources of oil rath- the Attorney General’s top deputy, Jim production will increase the price of er than increase it, solutions that offer Cole. The Deputy Attorney General gas. Oh, and it would also make us relief rather than mere rhetoric. runs the day-to-day operations at the even more dependent on foreign Mr. President, I yield the floor. Department of Justice. He also super- sources of oil. Now, that is not my f vises the National Security Division view. That is the view of the inde- and makes critical decisions each day pendent Congressional Research Serv- RESERVATION OF LEADER TIME that affect the safety of our great Na- ice, which concluded in March that the The ACTING PRESIDENT pro tem- tion. For instance, Jim Cole is one of Democrats’ proposed tax increase on pore. Under the previous order, the the only people at the Department of energy production would ‘‘make oil and leadership time is reserved. Justice who can sign the critical war- natural gas more expensive for U.S. f rants that permit our intelligence offi- consumers and likely increase foreign cials to conduct surveillance on sus- dependence.’’ It sounds like a brilliant MORNING BUSINESS pected terrorists. strategy to me. The ACTING PRESIDENT pro tem- In the last week, our country has Beyond raising taxes, Democrats in- pore. Under the previous order, the been reminded of the incredibly impor- sist there is nothing they can do about Senate will be in a period of morning tant role our intelligence community gas prices, but I think most Americans business for debate only until 4:30 p.m., plays. It is unthinkable that partisan- feel differently. I think most Ameri- with Senators permitted to speak ship and legislative ploys are keeping a cans believe it is time to stop talking therein for up to 10 minutes each. public servant as well qualified as Jim about what we cannot do and start The Senator from Arizona. Cole out of this important national se- talking about what we can do. If the curity role. I hope the Senate will con- President and Democrats in Congress f firm him quickly this evening. are truly serious about lowering gas WELCOMING SENATOR HELLER prices and making us less dependent on f foreign sources of oil, here are a few Mr. KYL. Mr. President, I note that RECOGNITION OF THE MINORITY suggestions. Vice President BIDEN was just here in LEADER First, if ever there was a moment to the Chamber for the swearing-in of our newest Senator, DEAN HELLER from Ne- The ACTING PRESIDENT pro tem- develop our resources here at home, it is now. For decades, Democrats have vada. I add my congratulations to now- pore. The Republican leader is recog- Senator HELLER joining this body. nized. resisted efforts to tap our American re- sources. Then when gas prices go up, f f they tell us how many years it would REDUCING THE DEBT WELCOMING SENATOR HELLER take to get the product to market. It is time to take this excuse off the table Mr. KYL. Vice President BIDEN has Mr. MCCONNELL. Mr. President, by breaking the cycle. been kind enough to host discussions— first, we just swore in our new col- Second, Democrats need to allow en- starting last week and going into this league, DEAN HELLER. The majority ergy companies to cut through the bu- week and perhaps beyond—with Mem- leader is giving a reception for him this reaucratic redtape that prevents com- bers of the Senate and the House of afternoon. We hope many Members will panies that are authorized to explore Representatives to try to find a way to take the opportunity to go by and wel- here from getting to work and putting reduce the huge debt that hangs over come him to the Senate. thousands of Americans back to work. the United States, as a prelude, I am f Third, they need to stop penalizing sure he would put it, to the Congress America’s producers with new fees and acting on the President’s request that GAS PRICES threats of tax hikes, which only drive Congress increase the debt ceiling. Mr. MCCONNELL. Mr. President, I energy companies overseas and help There have been generally two ways am going to devote my leader time this our foreign competitors and create jobs suggested on how to deal with our debt. afternoon to an issue which may not be in places such as Venezuela. And they Many Democrats believe the wealthy on the Democrats’ legislative agenda need to call an end to the anti-energy in the United States do not pay enough this week but which is certainly on the crusade of the EPA. taxes, and therefore one way to reduce minds of most Americans every day. I In short, Democrats need to throw the debt is for taxes to be increased, es- am referring, of course, to the high away the old playbook—throw that one pecially on the wealthy. Most Repub- cost of gasoline. All across the coun- away—and face this crisis with a new licans believe that is a bad idea, that try, people are suffering from the kind of creativity, independence, and since debt is our problem and we got runup in gas prices we have seen over common sense that the American peo- into debt because we have been spend- the past few months. It is squeezing ple are demanding. ing too much, the better way for us to family budgets, tightening margins at Democrats need to stop deflecting at- deal with the problem is to begin re- already struggling small businesses, tention from their own complicity in ducing our spending and to make sure and it poses a mortal threat to any our Nation’s overdependence on foreign over the years we are able to do that. economic rebound. oil. They need to stop paying lipservice There are a couple of interesting This is a critical issue. Americans to the need for American exploration things that have just come out in the are looking for answers. Yet all they while quietly supporting efforts to sup- news recently that I think bear on this are getting from the President and the press it. They need to end an approach argument. Democratic leaders in Congress are that has not changed, frankly, since A lot of folks wonder about the debt gimmicks and deflection. We have seen the days of Jim Carter. Just like Car- burden in the United States, and I

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6821 think it is useful to point out the fact little higher than previously expected. ing cuts, not tax hikes, are the best that last week the Wall Street Journal Why? Because the economy grew more way to close the massive budget gap reported that the Joint Committee on than expected, and as people made and help to produce economic growth Taxation found that ‘‘the percentage of more money, they therefore paid more in our country. U.S. households paying no federal in- in withholding and in Federal income One study was performed by two Har- come tax . . . reached 51% for [the taxes. That is the way for the govern- vard economists, Alberto Alesina and year] 2009.’’ I think that is the first ment to get more revenue—for the Silvia Ardagna. By studying large- time in the history of America that economy to do better, for Americans to scale fiscal adjustments by wealthy de- over half of Americans didn’t pay Fed- do better. veloped countries from 1990 to 2007, eral income taxes. I do not think that So if you tax more the people who they determined that ‘‘spending cuts is a good thing. While certainly people are the ones likely to do the investing are much more effective than tax in- in the lower income brackets are not into businesses, will you get more in- creases in stabilizing the debt and able to pay very much in the way of vestment? Will you get more Federal avoiding economic downturns.’’ More- taxes, I think even a very small revenue? Well, you will get a little bit over, they found ‘‘several episodes in amount, an affordable amount, would more to begin with, but in the long which spending cuts adopted to reduce be appropriate so everybody has what run, you will get less. One of the rea- deficits have been associated with eco- they call skin in the game, so every- sons it is not a good idea to tax more nomic expansions rather than reces- body understands the relationship be- the very people whom we are referring sions.’’ tween the burdens and the benefits of to in this study is because half of all Two economists at Goldman Sachs, government. I would not impose a sig- the small business income reported is Ben Broadbent and Kevin Daly, under- nificant tax on the lower half or cer- reported as part of the highest income took a similar study and reviewed tainly not the lower 10 percent, but I tax bracket for individuals. In other every major fiscal correction in think it is important for all Americans words, small businesses do not pay as wealthy nations since 1975. They found: to know we all have a stake in this, corporations, they pay as individuals, Decisive budgetary adjustments that have and that more than half of the people and when a small businessman has to focused on reducing government expendi- cannot just expect the so-called report his earnings, he reports all of tures have (i) been successful in correcting wealthy to bear all of the burdens of the income from his enterprise. A lot of fiscal imbalances; (ii) typically boosted government. that is business expense, but that is growth; and (iii) resulted in significant bond But the question remains, are Amer- how he has to report it. So you are and equity market outperformance. Tax- ican wealthy taxpayers undertaxed? I talking here about half of all that in- driven fiscal adjustments, by contrast, typi- think a useful measure to look at here cally fail to correct fiscal imbalances and come reported being taxed at a higher are damaging for growth. is a comparison with other countries, rate, if, in fact, the President and some for example. The OECD countries— of his colleagues have their way. That So reducing spending was the way which stands for Organisation for Eco- will reduce the amount of investment not only to reduce the debt of the nomic Co-operation and Development— and growth in the economy and there- country, but it also boosted growth; are generally regarded as the most ad- by make it harder for us to pay off this whereas, tax-driven adjustments had vanced economies in the world, and the large debt. exactly the opposite effect and failed United States is one of those countries. The advocates of a gigantic tax in- to correct fiscal imbalances and were A study that is based on 2008 statis- crease are really very shortsighted, damaging for growth. tics found that the highest earning 10 therefore, in assuming that if they A final study—and I think this is in- percent of the U.S. population paid the raise tax rates, they are going to get teresting because it focuses on what we largest share among 24 countries exam- more revenues. That is what they tried think are big-spending countries. It is ined, even after adjusting for their rel- to do in Japan during the late 1990s. It by the same two economists, atively higher incomes, and it con- did not work out. Japan went back into Broadbent and Daly. They pointed spe- cluded: a deep recession, and it is not going to cifically to Ireland, Sweden, and Can- ‘‘Taxation is most progressively distrib- be possible for them to generate exist- ada. They pointed out cases driven by uted in the United States,’’ the OECD con- ing revenue with their higher tax rates. cuts in public spending. Sweden, in par- cluded. The way you get robust growth is not ticular, which is famous for being a The bottom line here is that for a with higher tax rates but with lower generous welfare state, was able to country to be competitive, the people tax rates. A rapidly expanding econ- trim the size of government substan- who provide the capital for job cre- omy does create new jobs and income tially—all of which suggests to me that ation, for economic growth, have to for investment and wealth-creating en- if Stockholm can do it, Washington have some capital remaining after they terprises, and obviously some of that ought to be able to do it today. have earned it in order to invest that wealth flows back to the government Reducing the short-term deficit and capital, return it to their businesses, and can be used to reduce the debt. stabilizing the long-term debt are criti- hire more people, be more productive, But the policy tools we decide upon cally important to American pros- create more wealth, and thereby pro- in these negotiations will have a lot to perity and living standards, and if you vide for the families of the people who say about how we are able to reduce do it by reducing spending rather than own the businesses and, by earning the debt and whether part of that will increasing tax rates, you can also have more income, increase the amount the be a result of economic growth in the the additional benefit of increasing Federal Government and the State gov- future. Obviously, the point here is not prosperity not just for businesses and ernment take in as revenues. just to have economic growth so the families but for the U.S. Government, Republicans are very happy to con- Federal Government can earn more in which would then make more in terms cede it would be helpful if the govern- income tax revenue but to promote of income tax revenues. ment has more revenues in order to American prosperity and a better fu- The bottom line here is when we help close this debt gap we have. The ture for our families. work to forge this bipartisan com- question is how we get more revenues. So the question is, Will we impose promise that everybody is looking to We believe more revenues are a func- tax hikes that discourage investment us to reach, we should bear these basics tion of a growing economy. Here too and punish job creation or will we principles in mind: Cutting spending, some statistics that just came out over make the tax system more efficient not raising taxes, is the answer. the weekend, I believe it was, dem- and conducive to growth? I ask unanimous consent to have two onstrated that we can actually delay I wish to cite a couple of studies to documents printed in the RECORD. The the increase in the debt ceiling by show why it is most important for us first one was published in the National some period of time because revenues to focus on reducing spending rather Review Online, dated May 9, called to the Federal Treasury have been a than raising tax rates, because spend- ‘‘The Future of American Prosperity,’’

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6822 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 which I authored. The second is a pub- cuts in public spending. Sweden in particular Although al Qaeda has not reestablished lication which was in weekly- is famous for the generosity of its welfare sanctuaries in Afghanistan, it has not been standard.com on May 16, by Frederick state. Yet, when faced with a crisis, Swedish for lack of trying. U.S. forces only recently Kagan and Kimberly Kagan. officials were able to trim the size of govern- killed a senior Afghan al Qaeda official in ment substantially. If Stockholm could do it Kunar, and there is ample evidence that al There being no objection, the mate- back in the mid-1990s, Washington can do it Qaeda and Lashkar-e-Taiba, among other rial was ordered to be printed in the today. Islamist groups, would welcome the oppor- RECORD, as follows: Reducing the short-term deficit and stabi- tunity to set themselves up in a lawless Af- [From the National Review Online, May 9, lizing the long-term debt are critically im- ghanistan once again. The need to help Af- 2011] portant to American prosperity and living ghans establish a state that can prevent the THE FUTURE OF AMERICAN PROSPERITY standards. But studies show that if fiscal reemergence of terrorist sanctuaries remains consolidation relies heavily on tax increases, after bin Laden’s death, and the current (By Senator Jon Kyl) it will stifle economic growth and prove strategy, adequately resourced, is the only SPENDING CUTS, NOT TAX INCREASES, ARE THE counterproductive. way to achieve that goal. Calling for accel- SOLUTION TO OUR DEBT CRISIS This is the lesson we must apply as we try erating the withdrawal is tantamount to de- Members of both parties agree that Wash- to forge a genuine bipartisan compromise to claring that Afghanistan has become irrele- ington’s present fiscal course is dangerously deal with our debt crisis. vant with bin Laden’s death and that suc- unsustainable. We’re now borrowing 40 cents ceeding there is no longer important for for every dollar we spend. This profligacy [From WeeklyStandard.com, May 16, 2011] America’s security. continues to weaken the dollar, threatening BIN LADEN IS DEAD ... Consequently, there is a great deal of its status as the global reserve currency and fighting ahead. Continued military engage- BUT AL QAEDA ISN’T—WE SHOULD BUILD ON OUR fostering anxiety in the bond markets. Last ments are needed to make precarious im- SUCCESS IN ABBOTTABAD BY REDOUBLING OUR month, Standard & Poor’s delivered a sober- provements enduring and handle other chal- EFFORTS TO DEFEAT HIS MOVEMENT ing wake-up call when it revised its outlook lenges. The enemy will work hard this year on the U.S. long-term credit rating from (By Frederick W. Kagan and Kimberly to retake its lost sanctuaries in the south, to ‘‘stable’’ to ‘‘negative.’’ Kagan) conduct spectacular attacks in Kabul and No question, our accounts must be brought Osama bin Laden’s killing was a great mo- elsewhere, and to strengthen its remaining into balance—but not at the expense of eco- ment for America and for decent people safe havens in the east. Our forces will try to nomic growth. Those who advocate gigantic around the world. But allowing the euphoria hold and expand security gains in the south tax increases are short-sighted. Amid a slug- of that moment to drive us to irresponsible and make progress in the east, but condi- gish recovery, abrupt tax hikes could drive decisions in South Asia would be devastating tions are not set for any major reductions in the economy back into recession. (That’s to America’s interests and security. Al those forces. what happened in Japan during the late Qaeda has not yet been dismantled or de- If there is cause for cautious optimism in 1990s.) Moreover, it will be impossible to gen- feated. Afghanistan, there are ample grounds for erate sufficient revenue without robust Osama bin Laden’s death has no implica- pessimism on the other fronts in the struggle growth. A rapidly expanding economy cre- tions for the number of American or inter- with militant Islamism. Bin Laden’s pres- ates new jobs and income for investment in national forces in Afghanistan, for their mis- ence in Pakistan has once again con- wealth-creating enterprises. Some of that sion, or for the timeline for their reduction. centrated the minds of Americans on the wealth flows back to the government and George W. Bush sent forces into Afghanistan fact that Pakistan’s leadership has yet to can be used to reduce the debt. not to kill bin Laden, but to oust al Qaeda come to consensus about the need to combat The policy tools we use to restore fiscal from its safe haven there, defeat that organi- and defeat militant Islamist groups within stability will go a long way toward shaping zation, and create political conditions that Pakistan’s borders. Nor has the United the future of American prosperity and pro- would preclude its return to Afghanistan. States developed any real strategy for ad- moting the economic expansion we need. Barack Obama reaffirmed that mission in his dressing this challenge. We can hardly ex- Will we impose tax hikes that discourage in- December 2009 speech setting out the current pand the campaign of targeted strikes fur- vestment and punish job creation? Or will we strategy. He chose a counter-insurgency ap- ther, particularly after the recent raid deep make the tax system more efficient and con- proach because a return of the Taliban re- into Pakistani territory. And the drone cam- ducive to growth? gime to Afghanistan would allow al Qaeda to paign will not defeat the virulent terrorist As these and other questions are debated, re-establish safe havens there, whether draw- groups it is attacking. Overreacting to sus- policymakers should consult the evidence ing on the historical friendliness between the picions of Pakistani complicity in bin from other industrialized countries, which two or the inability of the Taliban to pre- Laden’s presence in Abbottabad by sus- overwhelmingly suggests that spending cuts, vent their return to the country. Further- pending all aid or military ties or by taking not tax hikes, are the best way to close mas- more, the protracted, virulent insurgency other drastic actions would make it much sive budget gaps and help produce economic creates opportunities for al Qaeda-linked harder, not easier, to operate against the growth. Indeed, after studying large-scale Pakistani proxies such as the Haqqani net- terrorists who threaten us. fiscal adjustments by wealthy, developed work to invigorate international terrorist On the contrary, withdrawing forces from countries between 1970 and 2007, Harvard groups and use them in the fight in Afghani- Afghanistan and cutting all aid to Pakistan economists Alberto Alesina and Silvia stan. President Obama has been pursuing the would merely reinforce two of the most prev- Ardagna determined that ‘‘spending cuts are right strategy, and the forces the United alent conspiracy theories in South Asia— much more effective than tax increases in States and its international partners have that the United States will always abandon stabilizing the debt and avoiding economic committed to executing it are—just barely— those who rely on it, and that we were only downturns.’’ Moreover, they found ‘‘several adequate to achieve it. there to get bin Laden anyway. We should, episodes in which spending cuts adopted to The outcome of the war in Afghanistan instead, build on the symbolic victory of reduce deficits have been associated with hangs in the balance. American forces and killing bin Laden by following through with economic expansions rather than reces- their allies made dramatic gains last year, the president’s strategy to dismantle and de- sions.’’ clearing the Taliban out of safe havens feat the militant Islamist groups supported Goldman Sachs economists Ben Broadbent throughout southern Afghanistan, their as proxies by some in the Pakistani security and Kevin Daly recently undertook a similar heartland. Eastern Afghanistan, where al apparatus. Only by defeating those proxies study that reviewed every major fiscal cor- Qaeda-linked groups have a stronger pres- can we reasonably hope to compel Pakistan rection in wealthy nations since 1975. They ence, has also seen considerable progress. to reevaluate its security interests and de- found that ‘‘decisive budgetary adjustments Contrary to some media reporting, neither al velop a policy to oppose and suppress all mil- that have focused on reducing government Qaeda nor Lashkar-e-Taiba has established itant Islamists operating within its borders. expenditures have (i) been successful in cor- safe havens in the wake of the withdrawal of But al Qaeda has not confined itself to its recting fiscal imbalances; (ii) typically U.S. forces from isolated river valleys in sanctuaries in Pakistan and Afghanistan. Al boosted growth; and (iii) resulted in signifi- Kunar Province. In fact, a series of offensive Qaeda thrives in political weakness and has cant bond and equity market operations in the valleys and the province been in the process of expanding around the outperformance. Tax-driven fiscal adjust- has inflicted great harm on elements of globe. The core al Qaeda group of which bin ments, by contrast, typically fail to correct those organizations. Kunar’s capital, Laden was the head (often referred to as Al fiscal imbalances and are damaging for Asadabad, is a growing and increasingly Qaeda Central) has long had at best only a growth.’’ thriving town, as we saw on a recent visit. tenuous control over the operations of its Broadbent and Daly pointed to successful And Afghan Army troops have remained in dispersed franchises. That control rested fiscal adjustments in Ireland (1987–89), Swe- some of the outposts from which U.S. forces partly on resources Al Qaeda Central di- den (1994–98), and Canada (1994–97). In each withdrew, demonstrating their determina- rected, partly on the value of its recognition case, the adjustment was driven primarily by tion to control their own territory. of a particular group as worthy of the al

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6823 Qaeda brand, but largely on the symbolic im- Qaeda fighters in that country and that has FLORIDA VOTING portance of the charismatic bin Laden. Bin the conditions most conducive to the injec- Mr. NELSON of Florida. Mr. Presi- Laden’s likely successor, Egyptian doctor tion of al Qaeda’s ideas and leaders. Ayman al-Zawahiri, is far less charismatic. More remote scenarios could see the rise of dent, I want to call to the attention of His accession to the leadership role could al Qaeda franchises or fellow travelers in the Senate the fact that a number of prompt a competition between Al Qaeda Cen- Egypt, elsewhere in North Africa, the Le- State legislatures, including our State tral and its franchises over which group real- vant, or Equatorial Africa, but there is no legislature in Florida, have been enact- ly is at the center of the movement. Such need to belabor the point. The struggle with ing election law bills that severely con- competitions, unfortunately, unfold in the al Qaeda, to say nothing of the larger strug- strict the right of the people to express form of spectacular attacks, particularly gle against militant Islamism generally, is their vote. those conducted on the territory of Western far from over. Clear and present dangers are, This has just occurred in the State of states. in fact, emerging. It can be tempting to Florida, with the legislature adjourn- Al Qaeda in the Arabian Peninsula argue that these threats merely show the (AQAP), in Yemen, is the most active and wisdom of withdrawing from Afghanistan, ing in the early morning hours of Sat- perhaps the most dangerous al Qaeda fran- which is not now a center of al Qaeda activ- urday, enacting a bill that has been chise in the world. The Arab Spring has ity, to focus on more pressing problems else- sent to the Governor that would make reached Yemen with a vengeance—massive where. We must resist that temptation. Our it harder for the people of Florida to protests have led to the defection of ele- struggle against Al Qaeda in the Arabian Pe- vote, harder for them to have their ments of the Yemeni military, with the re- ninsula will not be helped by our giving its vote counted, and harder for the people sult that armed forces are concentrating for affiliates and allies free rein in Afghanistan to be able to register to vote. potential civil war in and around the capital and returning Taliban leader Mullah Omar, Common sense would tell you what and elsewhere in the country. Attempts to whom all al Qaeda affiliates recognize as we ought to be doing is exactly the op- broker a negotiated departure for Yemen’s ‘‘the leader of the faithful,’’ to a position of posite—that we ought to be making hated president, Ali Abdullah Saleh, have power. broken down. It is far from clear that any Success in Afghanistan and Iraq remains things easier to vote, and especially in such agreement would keep the peace there vital. American withdrawal from either com- a State such as ours, which went for very long in any case. Already Saleh has mitment will be taken throughout the through that awful experience in No- brought back to his capital some of the elite, Islamist community as a sign of weakness vember of 2000, when there was so U.S.-trained Special Forces units supposedly and indecision. But success in those two the- much chaos, not only in the voting in dedicated to the fight against AQAP. As the aters is not enough. This moment in the war the Presidential election but then in work of Katherine Zimmerman at AEI’s Crit- with militant Islamism is the time to take the counting of the votes. Of course, we stock of our global strategy and to develop ical Threats Project has shown, almost any all know how that ended up—Bush v. likely scenario going forward will give AQAP coherent approaches to the dangers already more freedom to train, plan, stage, and con- visible on the horizon. No one wants to in- Gore in the U.S. Supreme Court, which duct attacks from increasingly lawless tribal vade Yemen, Somalia, Libya, or any other stopped the recount that was pro- areas in which it has considerable local sup- country. But the strategies we have been re- ceeding. port. The combination of Yemen’s slide to- lying on in Libya and Yemen are failing, and Because of that experience, to the ward state failure and bin Laden’s death we have never had a strategy for Somalia. credit of the State legislature, they could create a tremendous opportunity for The United States must seek every possible started to make voting easier. For ex- AQAP. His death may also lead to an in- way of averting the dangers of stalemate, ample, instead of just voting on elec- crease in AQAP’s efforts to conduct spectac- state collapse, and the triumph of al Qaeda tion day, they had a 2-week period for groups, preferably without deploying more of ular attacks against the United States and early voting—something that other the West. our own forces. Another al Qaeda affiliate already has con- It may be that, in the end, America simply States have been doing for some period trol over large portions of a state: Al Shabab cannot be secure if terrorist groups with of time, so that people could go to des- is the de facto government of much of south- international ambitions have uncontested ignated polling places prior to election ern Somalia outside of Mogadishu. It has not control over sanctuaries and resources. But day. It certainly made it a lot easier on been formally recognized as an al Qaeda the U.S. government has never yet focused the supervisors of elections, the very franchise, but its ties with AQAP are long its attention fully on these challenges, let people who are charged with the re- and deep, and its ideology closely mirrors al alone focused resources on them. It is past sponsibility of registering voters and time to do so. Those sincerely concerned Qaeda’s. Shabab is kept from controlling all counting votes, because it spread the of southern and central Somalia only by the with America’s security should be demand- presence of peacekeepers from Uganda and ing that kind of commitment and should re- amount of people coming in to vote Burundi, who have been barely able to hold ject utterly the notion that bin Laden’s over time, so that all of them weren’t parts of the capital. Shabab is unlikely to death will allow us to declare ‘‘mission ac- there just within a 12-hour period on suffer at all from bin Laden’s death, but it complished’’ and withdraw from the Middle election day. This has turned out to be may see a chance—or feel the need—to ex- East, and the world. so popular in Florida that half of the pand the reach of its strikes in sympathetic Mr. KYL. Mr. President, since my voters in the last two elections voted retaliation. time is about expired, I will say this is prior to election day. Al Qaeda in Iraq, fortunately, remains rel- one of the best statements I have seen Well, can you believe that the State atively ineffective, despite efforts to revive legislature has seen fit to cut the 14- itself as American forces withdraw. But the recently, by Frederick and Kimberly continued presence even of American mili- Kagan, where they write about the re- day early vote period back to 8, under tary trainers in Iraq after the end of this sult of the death of bin Laden, not of- the guise, well, we are going to make year remains in doubt, and it is not clear fering an excuse to end the war in Af- the amount of hours the same by giv- that the Iraqi military on its own will be ghanistan or our other efforts against ing the supervisors of elections discre- able to maintain the necessary degree of terrorists but, rather, that success will tion so that they could increase the pressure on that al Qaeda franchise. If the come to us when we understand the na- voting days on early votes from 8 to 12 complete withdrawal of American forces now ture of the threat and maintain our ef- hours? But that is a ruse, because that underway leads to the explosion of ethnic means the election supervisors are conflict between Iraqi Arabs and Kurds, as forts to root it out wherever it may be, some analysts fear, Al Qaeda in Iraq could whether that be in Afghanistan, Iraq, going to have to pay time and a half, find fertile ground to reestablish itself, Pakistan, Yemen, Somalia, or wher- and those election supervisors are undoing the progress we have made since ever. I think it is an excellent piece. I under the same kind of fiscal con- 2006. commend it to my colleagues as sug- straints that all of the other levels of A protracted stalemate in Libya could also gesting the way forward as we continue government are right now and, as a re- set conditions for al Qaeda groups to pose to fight the radical Islamists who sult, what is going to happen is the again as the only reliable allies of eastern would continue to visit ill on the voting hours are not going to be ex- fighters feeling abandoned by the United tended, and the State legislature has States and the West. Although the current United States and other western pow- Libyan resistance leadership is not pene- ers. just constricted the number of voting trated by al Qaeda or supportive of that or- The ACTING PRESIDENT pro tem- days from 14 down to 8—and, by the ganization or its ideology, eastern Libya is pore. The Senator from Florida is rec- way, they didn’t let it run right up to the area that has produced the most al ognized. the day before the election; they

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6824 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 backed it off several days before the Not so now. The legislature of Flor- of the Civil Rights Division of the De- election, which would be the last day of ida has just changed the law that if partment of Justice, alerting him to early voting. your address or your name changes— this fact. Why, when we want to make it easier what happens if you got married in the I have quoted in that letter several to vote? Well, doesn’t the legislature— last year and now your name doesn’t supervisors of election, both Democrats and I hope the Governor, who has this match your registration name, but you and Republicans, who have said that bill coming to him—understand that it still want to vote? What has the legis- cutting the early voting period from 14 is a tremendous convenience to senior lature of Florida done? They are going days to 8 will shrink poll access by 50 citizens to make it easier for them, in- to require that you not cast a ballot. percent and disenfranchise a signifi- stead of having to stand in a long line You are going to have to cast a provi- cant number of voters. That is what on election day, that over a 2-week pe- sional ballot, and you are going to have the supervisors of election, the elected riod they can go and vote in a des- to have your authenticity certified officials in each of the counties, were ignated place? after the fact. telling me. Is there some reason they are trying The experience with provisional bal- I wish to quote a Republican super- to make it harder for senior citizens to lots in the last Presidential election in visor of election, Deborah Clark, in vote? Well, it could be a lot of politics Florida, in 2008, was that of the over Pinellas County, which is the county of in this, but the fact is they are making 35,000 ballots cast, 17,000—half of St. Petersburg and Clearwater, FL. it harder to vote, when in fact it ought them—were not counted. This is what she said: to be the opposite. Who are the people who have been op- Not allowing address or name change I wish I could report to the Senate erating and have benefited by that law changes on election day will create an undue that that was the only thing they have in Florida for four decades? They have burden on eligible voters. done, but it is not. They made it harder been people who have gotten married She continues: to register to vote. As a matter of fact, and their name has changed. They have It will also result in long lines at the polls well-respected organizations, such as been people in the mobile society in and discourage many voters from voting. the League of Women Voters, for years which we live who have moved and It is self-evident, and this is an as- and years have taken it as their re- bought a new house or moved into a sault upon our democracy that should sponsibility to go out and try to reg- new apartment. In other words, all of not be tolerated. But it happened and ister people to vote. The League of us—we and our neighbors. it happened in the last week of the leg- Women Voters is a nonpartisan organi- Who else especially might have been islative session. I hope—I hope—there zation, which has as its sole goal to try the reason for the legislature of Flor- will be such an outcry that this legisla- to promote activities that promote our ida to change this four decades-old tive policy gets reversed. democracy. Here is what they did. law? The last Presidential election, I yield the floor. They said if you go out and register college students in Florida voted in The ACTING PRESIDENT pro tem- people to vote, and under current law, record numbers because college stu- pore. The Senator from Nebraska. 1 there is a period of something like 1 ⁄2 dents in Florida in the town of their f weeks to 2 weeks that you can turn in college went down where they had the names you have registered—no, no. their registration. Yet their identifica- HONORING OUR ARMED FORCES This time, what the legislature has tion showed their address as their par- SPECIALIST JOSEPH CEMPER done is said if you don’t turn those new ents’ home, not the registration ad- Mr. JOHANNS. Mr. President, I rise registration forms in within 48 hours, dress they had registered in their col- today to remember a fallen hero, U.S. you are going to be subject to a fine lege town. Army SPC Joseph Cemper. Specialist and possibly a criminal penalty. And That is not making it easier to vote. Cemper was based in eastern Afghani- the President of the League of Women That is not encouraging college stu- stan, in the area east of Kabul bor- Voters of Florida, Diedre McNabb, has dents to vote. That is doing exactly the dering Pakistan. This area is one of the said, in effect, what that means is that opposite. That is suppressing the vote. areas where the fighting in the Afghan they will not put that onus on their What I am reporting to the Senate war has been the most intense. members of a fine and a criminal pen- has been widely commented on in Flor- Specialist Cemper was serving with alty and, in effect, they will stop reg- ida in almost every editorial page in the 101st Special Troops Battalion of istering people ahead of time. the State of Florida, with the bottom- the 101st Airborne Division, one of the What the election laws ought to do is line conclusion of what I have just Army’s most elite units. He and four exactly the opposite. We ought to have said: It is trying to suppress the vote fellow American soldiers were killed in laws that encourage the registration of by making it harder to vote, harder to a suicide attack that ultimately took voters and try to get more people to register to vote, and harder to have 10 lives. participate. But that is not what the one’s vote counted as it was intended. Specialist Cemper had a long desire Florida legislature has done. It has I have written the Governor, and I to serve his country, and was rightfully done exactly the opposite. have asked the Governor to consider proud of his commitment to defend and I wish I could report to the Senate all these things. It is widely com- to protect. that was the only thing they have mented in the Florida press that the He is mourned by his parents, three done. But they did more. For four dec- Governor will sign the bill, thus con- sisters, two brothers, a fiancee, and an ades, Florida has had a law, in a highly stricting, restricting—whatever word infant son Liam. I know his family is mobile society, if you have moved and you want to use—the right of the peo- proud of him, and will always remem- you go on election day to cast your ple to vote. If the Governor does sign ber his spirit, enthusiasm, competitive- vote, and your registration address is the bill or lets it go into law without ness, and can-do attitude. They are the different than the address that you his signature, then our only other type of American family that con- show, for example, where you reg- mechanism at this point, since there stitute the pillars of our Armed Forces, istered to vote years ago—maybe even are 5 counties in Florida’s 67 counties and are the reason our Nation remains a year ago—but in the meantime you that are under a watch list under the safe from its enemies. have moved and your documentation— civil rights legislation of the Voting Joseph’s father, SFC Eugene Cemper, say, your driver’s license—shows your Rights Act of 1965—it is my intention has made service to the Army his life’s new address, for four decades the law of to encourage the Department of Jus- work. As an Army recruiter, Sergeant Florida has said that a voter can tice, the Civil Rights Division, to ex- Cemper had the unique experience of change their address in the polling amine this legislation with regard to personally recruiting his son into the place to update that record, showing the Voting Rights Act. Preparatory to Army. proper identification of who they are that, I had sent a letter to Thomas As a father and a leader, Sergeant and that their signature matches. Perez, the Assistant Attorney General Cemper inspired both Specialist

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6825 Cemper and his younger brother, PFC went through a number of populated help clear roads and highways and Noah Cemper, to wear the uniform of areas, and that tornado alone resulted driveways to people’s homes. That has an American soldier with pride. in 65 deaths. Alabama’s current death been real encouraging, and it makes The Cemper family laid their son to toll is nearing 250, with thousands in- me very proud to represent a group of rest in Papillion, NE, on April 29, 2011. jured. Frankly, after seeing the dam- people who have the integrity and the Specialist Cemper returned to his age to the affected areas, I am amazed work ethic and the determination to birthplace with valor and honor having we did not lose more lives. As I talked overcome tragedy. It has been encour- been awarded both the Purple Heart to mayors and others on the ground, aging to me. and the Bronze Star Medals. they said the same thing. Having walked through the dev- I know I speak for all Nebraskans, I talked to Mayor Gunnin in astated neighborhoods less than 24 and all Americans, when I say that de- Hackleburg today. I believe he was the hours after the tornado, I can tell you spite our sorrow, we are deeply honored one who told me there were about 18 people were stunned at the damages, at to have him. killed, and he was pleased it was that the complete loss of homes and belong- I cannot imagine the pain the low. They were hammered with an F5, ings. Many of the people believed Cemper family is suffering today. The the highest, strongest tornado, which themselves lucky to be alive. Their en- loss unexpectedly of a son in combat is basically destroyed his whole town. All tire roof was gone, most of the walls one of the most extreme trials a parent his businesses, including the distribu- were gone, and yet somehow they came or loved one could face. I know, at this tion center for a jeans manufacturing out with minor injuries or less severe point, my words cannot ease their hurt. company, have been destroyed. It is injuries. Others, of course, did not sur- So I will end this tribute by saying very difficult for them to pay for any- vive, and others received severe inju- what Specialist Cemper held close to thing. Their businesses that pay a sales ries. It is always amazing to me in a his heart, so close that his family has tax that goes to the city have been tornado situation how a house can be inscribed it in a scrapbook which will damaged, and he has made the point— just obliterated, and persons can come one day be seen by his son. It reads: and it is a good example—that he, in out of it with not too severe an injury, When I stand before God at the end of my this little town of Hackleburg, had and for that they were expressing great life, I hope that I would not have a single bit emergency funds, but they have been appreciation. I think it is a reflection of talent left, and I could say that I used ev- on massive overtime for the week since of the faith these individuals have in a erything you gave me. the event and other costs are arising higher being who, I think, gives them I hope he rests knowing that he died and it is very difficult for him. the courage to go on. the bravest and most honorable death I want to thank President Obama for One of the things that is perfectly an American could. May God bless the the quick response he made to the clear is that housing in some areas will Cemper family, their father and son tragedy. The people of Alabama appre- be a critical matter. Many houses are still serving in the Armed Forces, and ciated the fact that he, and later Cabi- totally destroyed—nothing but a con- all our fighting men and women in net members, actually visited some of crete slab left. Of course, many mobile harm’s way. the devastated areas. We appreciate homes or manufactured homes were I yield the floor. I suggest the ab- the quick action in declaring Alabama completely lost. They are not on a sence of a quorum. and other areas major disaster areas. slab, so those homes have been rolled The ACTING PRESIDENT pro tem- That does help in a lot of different over and completely demolished or dis- pore. The clerk will call the roll. ways. appeared basically. So we are going to The legislative clerk proceeded to I also had the opportunity to be with need to work in a way that FEMA has call the roll. him in Tuscaloosa when he came there. done before to provide emergency hous- Mr. SESSIONS. Mr. President, I ask Mrs. Obama, of course, did a beautiful ing. unanimous consent that the order for job also of talking to the people who In the larger areas where there is the quorum call be rescinded. have lost so much and comforting more housing around—there is vacant The ACTING PRESIDENT pro tem- them. Secretary Napolitano came on housing in some of our areas—they pore. Without objection, it is so or- Sunday to the Pratt City area in Bir- ought to be moved promptly into that dered. mingham, along with several other vacant housing that currently exists. Mr. SESSIONS. Mr. President, I ask Cabinet members. I think they also got In some areas there is just not housing unanimous consent that I be allowed to a real appreciation for the severity of for individuals to move into. I was told speak for up to 15 minutes. the damage and reassured Alabamians today by two mayors that they have The ACTING PRESIDENT pro tem- that help would be on the way in an ap- people still in recreational areas— pore. Without objection, it is so or- propriate fashion. gyms and that kind of thing—using dered. It is certain that it will take, for a those as a place for shelter. We are f number of our communities, an inte- definitely not where we need to be. grated, coordinated State, local, and Yet some FEMA trailers are being SOUTHEASTERN TORNADOES Federal response to get these commu- moved into areas of the State. That Mr. SESSIONS. Mr. President, I want nities back on track. That is why we may have to be done. I wish we could to discuss today the tragedy that has have a Federal Emergency Manage- avoid that step, but in many areas it occurred in Alabama and other States ment Agency. That is why we have cannot be avoided—avoided in the across the Southeast as a result of the monies in the budget for these kinds of sense that, to me, the best way to han- tornadoes that hit our region in a 24- things, although this one is a particu- dle a situation where a person’s home hour period between 8 a.m. in the larly damaging event, I have to say. is gone is to help that person move as morning on April 27 and 8 a.m. in the As the ranking member on the Budg- quickly as possible into what could be morning on April 28. The National et Committee, I am aware we have to a permanent residence—either through Weather Service estimates there were be careful about how we spend money. rental or purchase. The longer that a total of 312 tornadoes across the We certainly don’t have any money— person is in a temporary residence the Southeast. The worst outbreak pre- not a dime—to waste. more likely they are also often receiv- viously reported occurred in April of I have to tell you, every time I have ing Federal assistance. As long as they 1974, and that was with 148 tornadoes. been there or I have talked to people are in this temporary limbo cir- The Birmingham-Tuscaloosa F4 tor- on the ground, they tell me how im- cumstance, their life is less stable, and nado had a path with a maximum pressed they are with the volunteers the Federal Government is spending width of 1.5 miles and a length, from who are arriving from all over the more money, money that could be uti- the Tuscaloosa to Birmingham area, of country, bringing food and water and lized better if we can avoid spending it 80 miles. It stayed on the ground al- helping people who are already work- for temporary housing so it could be most continuously—very unusual. It ing. They are bringing chainsaws to used to facilitate permanent housing.

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6826 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 That would be a more effective policy, Mr. SESSIONS. Mr. President, I ask nee who is going to be coming up in but it is not easy. In some instances, it unanimous consent that the order for committee this week, and also working cannot be done. the quorum call be rescinded. for or representing the ACLU. Initial reports indicate that Ala- The ACTING PRESIDENT pro tem- So when we get this much of a tilt in bama’s losses may rival or surpass its pore. Without objection, it is so or- the leadership of the Department, it $1 billion loss in Hurricane Katrina. dered. gives me great concern that the great That is a factor we do not normally ex- Mr. SESSIONS. Mr. President, I ask Department I love and respect is get- pect from tornadoes. We will wrestle unanimous consent that I be able to ting off base. So I think it is important with those costs as we go forward. But speak as in morning business for up to to note that right now one of the top dollar losses are nothing compared to 15 minutes. priorities at the Department of Justice the severe loss of life. We have a The ACTING PRESIDENT pro tem- must be the recent warnings we re- record-setting loss of life. pore. Without objection, it is so or- ceived that the terrorist groups ‘‘al- Going through the Rosedale Court dered. most certainly’’ will try to avenge the area of Tuscaloosa, AL, seeing first re- f death of Osama bin Laden, and the con- sponders and volunteers frantically tinuing economic crisis that faces our COLE NOMINATION trying to help—in particular, they were country. searching for a missing young girl. Mr. SESSIONS. Mr. President, I want So I believe the President should be They kept on and there were a large to speak in opposition to the nomina- nominating proven prosecutors—pros- number of people there throughout this tion of James Cole to be Deputy Attor- ecutors of terrorists, frankly—for top area where metal was twisted and roofs ney General of the United States, on positions in the law enforcement agen- were gone and no walls, hardly, were whom we will be voting a little later cy, the U.S. Department of Justice. I standing. Materials were 3 feet deep on this afternoon. do not think we need any more ter- the floor, of plywood, roofing and the Despite President Obama’s recess ap- rorist defense attorneys. When I was like. They found that young child, but pointment of Mr. Cole, who has had the U.S. attorney I hired a lot of assist- unfortunately it was too late and her significant opposition in the com- ant U.S. attorneys. I looked for proven life had been lost. mittee, and was not looking at smooth prosecutors wherever I could find That is the kind of thing that has sailing—I do believe we should oppose them. I did not go around to look for been happening throughout the State. his confirmation and his permanent ap- people who spent their spare time vol- Our people are responding with courage pointment based on some concerns I unteering to defend terrorists or writ- and dignity and hard work. Volunteers have with his record, specifically his ing papers defending criminals. That is from all over the country and all over criminal justice view on the war on just the way I see it, frankly. I have to Alabama are assisting. I was with a terror, which I believe is utterly be honest about it. seafood group Friday, down from wrong, and his questionable decisions So we have had this one, we have had Bayou La Batre, AL, the seafood cap- as an outside consultant for AIG, the that one, we have had another one, and ital, in many ways, of the Gulf of Mex- big insurance company that had to be another and another. Now we have 13 ico, and they had been helped so many bailed out to the tune of, I think, $170 to 16 who have been appointed to the times over the decades because of var- billion. Department of Justice who have had ious hurricanes that came through, He was an independent consultant, this background. they wanted to help so they brought supposed to be monitoring that com- Defending the unpopular is not dis- large amounts of shrimp and seafood pany for other errors they had made qualifying. We voted, and I voted, for a and their cookers. They were going to previously. So that is a concern to me. number of people in the Department Tuscaloosa or some of the other areas I served 15 years in the Department who have been involved in these kinds and serving people out there who were of Justice—as the U.S. attorney for al- of defense efforts, who filed lawsuits volunteering or were emergency re- most 12, and as an assistant U.S. attor- against President Bush. They thought sponders who were working to help in ney. I respect the Department. I love they were doing something great. I that neighborhood. That is the kind of the Department of Justice, but I am guess they did not turn down the evi- thing that makes us proud and makes getting concerned about it. I am not dence if it helped in any way lead to us all recognize the good that we have happy with some of the decisions and the location of Osama bin Laden. in our people. philosophies that are emanating from We do have standards about how we I wished to share these thoughts and the Department. I believe they do not should gather evidence, and lines to note I have filed a resolution that reflect the highest standards and quali- should not be crossed. But that does deals with this disaster, expressing the ties that we expect from that great De- not mean we are not in a war. It does condolences of the United States and partment. not mean the people who are attacking noting many of the factors that are rel- This nominee has a lot of good quali- us are common criminals who need to evant to this damage and I will be ask- ties. I believe he has a number of be tried in civilian courts. They are at ing the Senate agree to that. I note it strengths that—has management and war with us. Bin Laden said he is at has been cosponsored by Senator some experience in the Department for war with us. He declared war on us. SHELBY, my colleague from Alabama, which I would give him credit. But at You do not treat prisoners of wars, cap- Senators ALEXANDER and CORKER from this point in history, I believe his ap- tured enemy combatants, like you Tennessee, Senators COCHRAN and proach, particularly to the war on ter- treat common criminals. This is funda- WICKER from Mississippi, Senators ror, along with the Attorney General’s mental. CHAMBLISS and ISAKSON from Georgia, approach to the war on terror are not I served in the Army Reserve a num- and I understand others are signing on good. I have just about had enough of ber of years, some of that time as a as we proceed. them. JAG officer. I taught courses on pris- I thank the administration for help- I am just going to say this: I am not oners of war and how to treat prisoners ing to respond properly. I thank the voting for another nominee—I am not and the standards of the field manual. volunteers from all over America who going to vote for this one—who spent I do not claim to be a great expert at have come to our State to assist those their time defending terrorists before it, but I did it. I had some experience in in need. they went to the Department. It is all it. I yield the floor and suggest the ab- right to defend an unpopular person, Mr. Cole consistently—and some of sence of a quorum. but 13 to 16 members of the Depart- these nominees to the Department— The ACTING PRESIDENT pro tem- ment of Justice, political appointees takes the view that terrorists are pore. The clerk will call the roll. by this administration, have had as criminals and not unlawful combat- The assistant legislative clerk pro- their background defending terrorists, ants. Let me just say briefly, if a per- ceeded to call the roll. including the Solicitor General nomi- son is caught—a murderer, a rapist, or

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6827 virtually any kind of criminal—when But to deny ourselves the right to court. Therefore, the presumption is, they are taken into custody, as the allow those kinds of things to happen, within a short time of their being Presiding Officer knows, who was a to say we have to try these individuals, taken into custody, they should be good prosecutor himself, they have to such as Khalid Sheikh Mohammed, in given Miranda warnings, offered a law- be—before you can interview them, civilian courts is clearly in error. But yer, and set for a preliminary court ap- once they are in custody you have to that is the Attorney General’s posi- pearance, which could reveal to all the give them Miranda warnings. That au- tion. I asked him about it last week other terrorists that their partner in thorizes and tells them—basically tells when he testified before the Judiciary war has been captured and allow them them: You did not have to make any Committee. He said: It still remains to escape. statements at all. It basically says: If the policy of the Department of Justice It is a wrong view, and why they per- you are an idiot, you will make state- that persons who are arrested as ter- sist in this is beyond my under- ments. You are entitled to a lawyer. If rorists are presumed to be tried in ci- standing. Congress understands it and you do not have any money, we will ap- vilian court, although Congress has the American people do also. point you a lawyer. You have to go be- passed a law prohibiting moneys to be This administration has established a fore a magistrate within a matter of expended for that, on the 9/11 policy that declares there is a presump- hours. You are entitled to discovery of attackers. The Attorney General is in a tion of civilian trials and has failed to the government’s case in short order, huff and said Khalid Sheikh Moham- articulate a clear policy for desig- and you are entitled to a speedy trial. med will be tried in Guantanamo under nating captured terrorists as enemy You are entitled to prowl around in the military procedures as an unlawful combatants or criminal defendants. So government’s case and find all of the combatant, but he does not like it. I remain very unconvinced that the evidence the government has. That is not his view. It looks like ev- next captured terror suspect will not In war, that is not so. A classic case erybody he wants to hire to be in the be given the rights of a common crimi- was Ex parte Quirin in World War II Department of Justice agrees with that nal and told he has the right to remain when German saboteurs were dropped erroneous view. silent to the detriment of crucial intel- off on our coast from a submarine. It is not a close question. This is not ligence gathering. One of the most sig- They were going to sabotage the a close question. There is no reason a nificant findings of the 9/11 Commis- United States of America. They were terrorist who is apprehended in the sion was that intelligence gathering, apprehended, taken to military tribu- United States ought to be provided intelligence possession about what the nals, tried, and most of them were exe- lawyers and Miranda warnings. They enemy is doing is the best way to pro- cuted in a matter of months. The case are combatants. They are not common tect our country, not prosecuting them went to the Supreme Court, Ex parte criminals. Thinking this way has after the fact. So telling someone they Quirin, and was affirmed. caused dangerous confusion. have the right to remain silent and There has never been any doubt that As our troops and intelligence com- they have a lawyer who is going to in- unlawful combatants can be tried for munity continue to work night and day sist that they not make any state- their crimes in military courts. It is to keep our country safe, it is impera- ments, does that help us gather intel- done all over the world. It is an estab- tive that we view the war on terror as ligence? If it is required by the U.S. lished principle. a real war and not a criminal matter Constitution, we will do it. We will just Now, let’s get one thing straight. If and regard those who wish to per- plain do it, regardless, but it is not re- you are a lawful combatant, and you petrate terror on this country as quired by law, history or the Constitu- are captured on the battlefield—wheth- enemy combatants, not plain crimi- tion. Law, history, and the Constitu- er you are a Japanese soldier or Ger- nals. Like many in the administration, tion allow these enemy combatants to man soldier or Italian soldier—and you Mr. Cole disagrees. be tried in military commissions and comply with the laws of war and you In 2002, not long after the 9/11 at- they don’t have to be given Miranda wear your uniform and you do not at- tacks, he wrote an op-ed and published warnings, which was a court-created tack deliberately men, women, and it criticizing then-Attorney General rule a number of years ago that never children, civilians, and try to kill John Ashcroft’s decision to try the 9/11 was understood before and is not prac- them, and you comply with other rules terrorists in military commissions. ticed, to my knowledge, in any other of war, you cannot be tried. You can They researched the law. Attorney Nation in the whole world. Of course, just be detained until the war is over, General Ashcroft knew what he was all this provides poor guidance for our but you do not get lawyers. You do not doing. They decided they were going to law enforcement, military, and intel- get trials and discovery and all of that try these individuals by military com- ligence officers as they go about their sort of thing. But if in conducting your missions. He had written an op-ed at- efforts, and it is a grievous and dan- military campaign you violate the in- tacking the Attorney General for it. gerous mistake to continue this policy. ternally respected laws of war, you So now that is the man we have as It seems to me that Mr. Cole and At- cannot only be held as a prisoner of the nominee for the Deputy Attorney torney General Holder are cut from the war, but the nation that is holding you General of the United States. At his same cloth on this issue. I am uneasy can try you for violations of the laws hearing last Congress, Mr. Cole re- about these two individuals holding the of war. peated the prevailing and confusing top two positions in the Department of So that is how these 9/11 attackers Justice Department position that deci- Justice. Now the Solicitor General who did not wear uniforms, who at- sions regarding whether captured ter- nominee seems to hold similar views tacked deliberately civilians, are per- rorists should be tried in civilian and, if confirmed, he will be one of the fectly fit to be tried as war criminals courts or before military commissions highest ranking people in the Depart- or unlawful combatants. They have an- ‘‘should be made on a case-by-case ment. Their policy views appear to con- nounced their intention to destroy the basis based on all of the relevant facts trol the Department of Defense. In United States, to attack the United and circumstances available at the other words, if they say this is the rule, States. They have said they are at war time of a suspect’s capture.’’ Is this the Department of Defense has to give with us. But they have done it in an going to happen in Yemen, Afghani- the Miranda warnings and so forth if unlawful way, and they can be tried in stan, Pakistan, wherever else they may they are involved in a capture, and it military commissions. This allows the be in the United States is not a prac- directly controls the FBI, which is part military to conduct interrogations ac- tical policy because we have to tell the of the Department of Justice. cording to the laws of war over a period individuals who are making those cap- As the acting second in command at of months, years even. Sometimes after tures what the rules are. As the Attor- the Justice Department, Mr. Cole months a prisoner will start to talk. ney General said, they still adhere to would play a lead role in decision- You never know why they start talk- the view that the presumption is, the making in the terror prosecutions ing. individual will be tried in civilian throughout the country. The Justice

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6828 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 Department’s continued insistence on a ton because they don’t like it? That is This is not a partisan position, the presumption of civilian trials for ter- how it appears to me. The administra- Deputy Attorney General. This is a rorists confirms my concerns that Mr. tion apparently came to this conclu- person who is working with the Attor- Cole has adhered to the failed pre-9/11 sion after unilaterally deciding that ney General, the Nation’s lawyer. We law enforcement approach to terror- ‘‘classifications based on sexual ori- want somebody who has the experi- ists, an approach the 9/11 Commission entation warrant heightened scru- ence, someone who has the character and the Nation as a whole recognized tiny’’—in the face of precedent from 11 and commitment to carry out this very was in error and should be changed. I circuit courts of appeal holding that important position. thought we had clearly made that such classifications should be reviewed As I said, I have known Jim Cole. He move. Apparently, we haven’t. under the much lower rational basis has 13 years’ experience within the De- Also of concern, from 2003 to 2007, Mr. standard. partment of Justice. He is a public in- Cole represented a Saudi Prince There is a very big difference be- terest attorney. That has been the against insurance carriers and Sep- tween refusing to defend a law the ad- largest part of his professional career, tember 11 victims who alleged that the ministration regards as unconstitu- the service of public interests. He has Saudi Prince helped finance terrorists. tional and refusing to defend a law that always followed policy, not politics. He Reportedly, Mr. Cole’s client was the administration opposes on the pol- has a very distinguished career in law, linked through Treasury Department icy grounds. and he is the type of person we like to documents to the financial support of The ACTING PRESIDENT pro tem- see within the Department of Justice. extremist groups through the Al- pore. The Senator has used 15 minutes. As I pointed out, I worked with Jim Haramain Foundation, a Saudi charity Mr. SESSIONS. I ask unanimous con- Cole when I was in the House of Rep- that had diverted funds to al-Qaida be- sent to speak for 1 additional minute. resentatives. We worked on a very dif- The ACTING PRESIDENT pro tem- fore and after 9/11. While attorneys are ficult investigation involving the pore. Without objection, it is so or- free to, and should be free to, represent former Speaker of the House of Rep- dered. unpopular clients, Mr. Cole is one of a Mr. SESSIONS. Mr. President, the resentatives who at the time was long line of political appointees at the Department of Justice is a great de- Speaker. The chairman of the com- Department of Justice who seem to me partment, and they have some very mittee was Porter Goss, a Republican to be questionable choices for key fine people there. I know Mr. Cole has from Florida. Porter Goss’s observa- posts at the agency that is charged some good qualities. I supported Mr. tions of Jim Cole were that he was a with defending national security, given Holder for Attorney General, but I am brilliant prosecutor, extraordinarily their choices to represent the very in- very uneasy about the direction the talented. Then Mr. Goss goes on to say dividuals and groups whose goal it is to Department is taking on a large num- that over time, he brought our com- attack this country or kill Americans. ber of issues, and I believe one of the mittee to a bipartisan cooperation According to press reports, at least 13 reasons this is happening is because which was desperately needed in order to 16 current Obama administration po- they have surrounded themselves with to successfully complete that matter. litical appointees, including the cur- a group of leftist lawyers, activist law- At the end of the day, the six of us rent Solicitor General nominee who yers who don’t operate according to came together in a unanimous rec- represented Jose Padilla, previously the more traditional views of law and ommendation. That is the type of per- provided legal counsel to suspected or justice in America. That is my view. son Jim Cole is. He was professional convicted terrorists and enemy com- Other Senators may disagree. That is and put policy ahead of politics. batants being held in detention or to my view. I am not able to support Mr. Former Senator John Danforth testi- leftwing organizations that actively Cole for that and the reasons I have fied at Jim Cole’s confirmation hear- sought to reverse Bush administration stated. I hope in the future the admin- ing. John Danforth is a former Repub- antiterrorist and detainee policies— istration will appoint more nominees lican Member of the Senate. He called policies, I might add, that were a con- that have proven records of independ- Jim Cole ‘‘a lawyer’s lawyer.’’ tributing factor to the elimination of ence, effective prosecution, and com- Jim Cole has support from Demo- bin Laden and many other terrorists mitment to law. crats and Republicans. Former high of- throughout this past decade. I am curi- I thank the Chair and yield the floor. ficials within the Department of Jus- ous to know if they have appointed The ACTING PRESIDENT pro tem- tice have all recommended him, includ- anyone to key positions in the Depart- pore. The Senator from Maryland. ing former Deputy Attorneys General ment of Justice who has ever pros- Mr. CARDIN. Mr. President, I greatly appointed by both Republicans and ecuted a terrorist. I would like to know respect my friend from Alabama, Sen- Democrats. that. Maybe they have. Surely, some- ator SESSIONS, although I come to a Let me quote one other person I had body has, but it looks odd to me that different conclusion in regard to Jim hoped would be greatly respected on so many of those who have been on the Cole. both sides of the aisle; that is, Fred other side have been given top appoint- I have worked with Jim Cole. I was Fielding, the White House counsel for ments. part of a legislative committee in the former President George W. Bush. He On another subject, I am very dis- House of Representatives that had to said Mr. Cole ‘‘combines all the quali- appointed with this administration’s do some very difficult work on an eth- ties you want in a ‘citizen public serv- abdication of its duty to defend con- ics issue involving a former Speaker of ant’—he understands both sides of the gressionally enacted laws, specifically the House of Representatives. It was a street and is smart and tenacious, and the Defense of Marriage Act. Attorney tough decision to bring together six is a person of unquestioned honor and General Holder has stated President Members of the House—three Demo- integrity.’’ Obama had decided he would no longer crats, three Republicans—and do it in a That is what Fred Fielding, the defend this law, after reviewing the At- way that would maintain the non- former White House counsel to Presi- torney General’s recommendation and partisan requirements of an ethics in- dent Bush said, about Jim Cole. that the law falls under the exception vestigation. The atmosphere was very Jim Cole is supported by former RNC in which ‘‘the Department of Justice partisanly charged around the work we officials and DNC officials because he cannot offer a reasonable argument in were doing. I know this sounds famil- is nonpartisan. He is a nonpartisan per- defense of the statute’s constitu- iar. People in Maryland and Con- son who has put public interest law as tionality.’’ necticut and around the Nation under- his top priority. Well, it has been defended and upheld stand we are working in a very par- I was listening to Senator SESSIONS by a number of courts. How do we waltz tisan environment, and they expect the talk about terrorism. We have had a in there and decide we are not going to people who are charged at the Depart- spirited political debate taking place defend a congressionally enacted stat- ment of Justice to work in a non- in this country over the best way to ute signed into law by President Clin- partisan manner. bring terrorists to justice. Mr. Cole,

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6829 however, will always put principle over The PRESIDING OFFICER. Without leased public documents in response to politics, and he is committed to evalu- objection, it is so ordered. Chairman ISSA. I received a letter on ating each case and matter that comes Mr. GRASSLEY. Mr. President, I May 2, 2011, declining to provide my before him based on the facts and the know we are in morning business. I ask staff with access to the documents on law. That is what you want from the unanimous consent to speak on the the grounds that ‘‘the Executive Department of Justice. They are the nomination of James Cole to be Deputy Branch . . . has taken the position that values and the character we want in Attorney General. only a chairman can speak for a com- our Nation’s Department of Justice, The PRESIDING OFFICER. Without mittee in conducting oversight work.’’ and Jim Cole will bring that to the De- objection, it is so ordered. According to the DC Circuit Court of partment of Justice—already brought Mr. GRASSLEY. Mr. President, I rise Appeals, however: it to the Department of Justice. in opposition to the motion to invoke It would be an inappropriate intrusion into The bottom line about Mr. Cole’s ap- cloture on the nomination of James the legislative sphere for the courts to decide proach on fighting terrorists is one I Cole to be the Deputy Attorney Gen- without congressional direction that, for ex- believe we all believe in. We are a na- eral at the Department of Justice. I op- ample, only the chairman of a committee tion at war with al-Qaida, the Taliban, pose proceeding to a vote on the nomi- shall be regarded as the official voice of the and their associated forces. We need nee for a number of reasons. Congress for purposes of receiving such infor- I have concerns regarding Mr. Cole’s mation, as distinguished from its ranking tough, aggressive, and flexible policies minority member, other committee mem- that recognize the paramount impor- qualifications and am troubled by bers, or other members of the Congress. Each tance of providing the President with President Obama’s recess appointment of them participates in the law-making proc- the ability to use all of the lawful of Mr. Cole to this position. I have been ess; each has a voice and a vote in that proc- tools—all of the lawful tools—of our consistent in my opposition to recess ess; and each is entitled to request such in- national power to protect the Amer- appointments over the years. Whenever formation from the executive agencies as ican people and bring terrorists to jus- the President bypasses the Senate by will enable him to carry out the responsibil- tice. making recess appointments, such ities of a legislator. Jim Cole believes in that. He is com- nominees will not receive my support. That is from Murphy v. Department mitted to working with the Congress so We have a process in place for nomina- of the Army, 1979. we use all available tools. We make the tions and if the President is not willing I said on the floor on April 14 that if judgment in each individual case as to to work with Senators to clear nomina- the Justice Department did not cooper- what is the most effective way to bring tions, the nominee should not get a ate and provide the information we a terrorist or criminal to justice. second bite at the apple. need, I would consider exercising my He not only has expertise in handling In addition to my general opposition right to object to unanimous consent terrorists and bringing them to justice, to recess appointments, I have consist- requests on a nomination. Since that he has had very important positions in ently warned this administration that time, I have received nothing but the Department of Justice supervising I would not cooperate in moving nomi- stonewalling from the Department. As the criminal prosecution of white-col- nees for the Department of Justice, the chief operating officer of the De- lar crimes. He understands the full until they cooperated with my request partment, Mr. Cole is in a position to breadth of the Department of Justice for oversight materials. Last month, I ensure the Justice Department mean- and is a very valuable player in making went to the floor to describe what I ingfully cooperates with my inquiries sure the Department of Justice follows have learned in the course of my inves- and complies with my document re- in the fine tradition of that agency. tigation into whistleblower allegations quests. He has failed to do so. I urge my colleagues to vote to move at the Bureau of Alcohol, Tobacco, I also am troubled by the Depart- forward. At least vote to allow this Firearms, and Explosives, ATF. Ac- ment’s continued resistance to over- nomination to get an up-or-down vote. cording to whistleblowers, guns found sight requests from Senator CHAM- This is a very important position: the at the scene of the murder of Border BLISS, the vice chairman of the Select Deputy Attorney General. We talk Patrol Agent Brian Terry had been Committee on Intelligence. Senator about we were sent here to Washington purchased illegally by a known straw CHAMBLISS has requested that the De- to make tough votes. OK. I do not buyer a year earlier, with the blessing partment of Justice share important think this is a tough vote. I think Jim of the ATF as part of an operation documents with Congress regarding the Cole is the best person for this criti- known as Fast and Furious. Guantanamo Bay Detainee Review cally important job, and I do not think I first asked about this issue on Jan- Task Force. This task force reviewed he is at all a partisan person. I know uary 27. On February 16, I requested the case files of many detainees that him well. I know him to be a career specific documents from the Justice were released or transferred from U.S. type individual who is interested in Department. I reiterated that request custody. Unfortunately, we now know doing what is right. But this is not a on March 3. that over 25 percent of those detainees nominee where you should be using a When the Justice Department failed later returned to fight against us or filibuster to prevent an up-or-down to produce any responsive documents, I our allies. vote. partnered with House Oversight and These documents are part of a legiti- This is a very important position for Government Reform Chairman DAR- mate exercise of our constitutional our country. For the dignity of the RELL ISSA, who first requested docu- duty to conduct oversight. The Depart- Senate and the Department of Justice ments and then issued a subpoena to ment’s repeated stonewalling of Sen- and the decency of Jim Cole, I urge my the ATF after his voluntary request ator CHAMBLISS’s request should not be colleagues to allow us to go forward was ignored. On April 13, my staff rewarded with a cloture vote on a con- with an up-or-down vote on his con- learned that the Justice Department troversial nominee. firmation, and I urge my colleagues to was making certain documents avail- The Deputy Attorney General is the support his confirmation to be Deputy able for Chairman ISSA’s staff to review second in command at the Justice De- Attorney General of the United States. at the Department. Not only did the partment and responsible for over- Mr. President, I yield the floor and Department fail to notify me of this seeing the day-to-day operations of the suggest the absence of a quorum. document review, when I sent two of Department. Managing this vast bu- The PRESIDING OFFICER (Mr. my staff members to participate, they reaucracy is a difficult task that re- COONS). The clerk will call the roll. were turned away at the door of the quires a serious commitment to pro- The assistant legislative clerk pro- Justice Department. tecting our national security, enforc- ceeded to call the roll. To this day, the Justice Department ing our criminal laws, and safeguarding Mr. GRASSLEY. Mr. President, I ask has still not produced a single page of taxpayer dollars. We need a qualified unanimous consent that the order for documents in response to my inquiries individual to fill this slot, an indi- the quorum call be rescinded. and has provided only previously re- vidual who possesses the ability to not

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6830 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 only provide leadership for the Depart- our questions and reach a different that ‘‘on a few occasions’’ AIG would ment but also an individual who has conclusion. ‘‘suggest a stylistic change of phrasing the smarts, capability and willingness Military tribunals have many advan- in the analytical section of the re- to manage Department programs and tages to civilian criminal courts and port.’’ He stated that while he included root out inefficiencies and abuses in are better equipped to deal with dan- the edits made by AIG, he ‘‘did not be- those programs. After reviewing all his gerous terrorists and classified evi- lieve that a detailed presentation of responses and his hearing testimony, I dence while preserving due process. I this factual review was necessary to an concluded that I could not support Mr. am troubled that Mr. Cole does not ap- understanding of each party’s posi- Cole’s nomination to be the Deputy At- pear to share this belief. Based upon tion.’’ As a result, the report did not torney General. his responses and testimony, I have se- necessarily show which edits AIG made In particular, I am seriously con- rious concerns about Mr. Cole’s support that were incorporated. Instead, he cerned about Mr. Cole’s views on na- for civilian trials for terrorists cap- said that those changes were available tional security and terrorism. Back in tured on a foreign battlefield given in working papers that were ‘‘available 2002, Mr. Cole was the author of an that the Deputy Attorney General to the SEC, the DOJ, the New York At- opinion piece in the Legal Times. In oversees the national security branch torney General’s Office.’’ Unfortu- that piece, he stated: at the Justice Department. nately, he added, ‘‘the agencies—which For all the rhetoric about war, the Sept. 11 Second, I have concerns about Mr. were aware of this practice—did not re- attacks were criminal acts of terrorism Cole’s abilities relative to oversight of quest such documents.’’ against a civilian population, much like the government programs. First, in his re- terrorist acts of Timothy McVeigh in blow- sponses about oversight of DOJ grant While I appreciate Mr. Cole’s re- ing up the Federal building in Oklahoma programs, Mr. Cole failed to commit to sponses to these clarifying questions, City, or of Omar Abdel-Rahman in the first they raise concerns about how inde- effort to blow up the World Trade Center. a top to bottom review of the pro- grams. pendent his monitoring was, what The criminals responsible for these horrible changes were ultimately requested by acts were successfully tried and convicted We have had enough examples of the under our criminal justice system, without tremendous inefficiencies, duplica- AIG, what changes were included, and the need for special procedures that altered tions, and waste in these programs. I how much the SEC and the DOJ really traditional due process rights. am disappointed that Mr. Cole has knew about edits AIG was making to He added that, ‘‘The acts of Sept. 11 failed to recognize that there is a need the ‘‘independent’’ reports. were horrible, but so are . . . other for comprehensive review of the De- Finally, I have serious concerns things.’’ The other things he referred partment of Justice’s grant program, about Mr. Cole’s decision to suspend to were the drug trade, organized not only for the sake of saving tax- the compliance review at AIG’s Finan- crime, rape, child abuse and murder. payer dollars but also to ensure that cial Products Division following the Mr. Cole’s opinion piece argued that grant objectives are being met in the government bailout. In his testimony, notwithstanding the involvement of most efficient and effective manner Mr. Cole acknowledged that following foreign organizations, such as al-Qaida, possible. the government bailout of AIG, he we have never treated criminal acts in- Third, I do not have confidence re- scaled back his efforts until the future fluenced by foreign nationals or gov- garding Mr. Cole’s abilities based on of AIG as a corporation was deter- ernments as a basis for ‘‘ignoring the his performance as an independent con- mined. After Mr. Cole suspended his core constitutional protections in- sultant tasked with overseeing AIG. By monitoring, AIG restructured its com- grained in our criminal justice sys- way of background, the Justice Depart- pliance office and terminated a number tem.’’ ment provided copies of the reports Mr. of staff overseeing the company’s com- Mr. Cole concludes his opinion piece Cole issued when he was overseeing pliance with the Securities and Ex- by arguing that in addition to stopping AIG, but they were labeled ‘‘committee change Commission regulations. Mr. future terrorist attacks, the Attorney confidential.’’ Consequently, I cannot Cole said that after it was determined General is a criminal prosecutor and discuss in a specific manner the con- that AIG’s Financial Products Division that he has a special duty to apply con- text of those documents publicly. would not be dissolved, the compliance stitutional protections engrained in Nevertheless, when taken into con- and monitoring were ‘‘revived and are our criminal justice system to every- text with the public responses provided being reviewed and implemented where one, including terrorists captured on a by Mr. Cole to my questions, a trou- applicable.’’ Under Mr. Cole’s watch, foreign battlefield. bling picture develops about Mr. Cole’s AIG not only got $182 billion of tax- Mr. Cole wrote this opinion piece 2 performance in his independent con- payer money, it was able to talk the days short of the first anniversary of sultant responsibilities. The responses independent consultant—Mr. Cole—out the September 11 attacks. Given the and reports do not dispel the serious of monitoring what the company was close proximity in time to the Sep- questions raised about Mr. Cole’s inde- doing. tember 11 attacks, we must understand pendence and completeness. Further, this opinion piece to be Mr. Cole’s true they reveal what appears to be a level Based upon these factors, I am con- beliefs about the application of the ci- of deference to AIG management one cerned about Mr. Cole’s ability to per- vilian criminal justice system to ter- would not expect to see from someone form the duties required of Deputy At- rorism cases, including those who mas- tasked as an ‘‘independent’’ monitor. torney General. He would be in a posi- terminded the 9/11 attacks. In order to clarify a number of ques- tion to potentially influence future From the opinion piece and his re- tions on this matter, Senator COBURN compliance monitors appointed under sponses to our inquiries, it appears and I sent a followup letter seeking ad- settlements between the Justice De- that if given a choice of prosecuting ditional answers from Mr. Cole. Mr. partment, the Securities and Exchange high ranking terrorists in civilian Cole’s reply clarified that DOJ, SEC, Commission, and other corporations courts or military commissions, Mr. and the New York State Attorney Gen- that have violated the law. Inde- Cole would likely favor civilian courts eral’s office were aware of his practice pendent monitors need to be truly based upon his longstanding belief in of seeking input from AIG and making independent and completely trans- the role the Attorney General plays in modifications to the reports. He indi- parent. They are selected and ap- protecting the principles of the crimi- cated that the changes AIG made were pointed to ensure that the interests of nal justice system. Absent a clear often factual changes, such as AIG em- the American people are protected. statement from Mr. Cole about what ployee names, dates of materials, and I cannot support the nomination of factors would warrant selecting a civil- events. He also indicated that some of Mr. Cole to be Deputy Attorney Gen- ian or a military forum, it is hard to the changes requested by AIG were in- eral and, therefore, will vote against look at his entire record of past opin- cluded in a section of the report enti- cloture. I urge all of my colleagues to ions, his testimony, and responses to tled ‘‘AIG Response.’’ However, he said join me in opposing this cloture vote to

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6831 send a message to the Justice Depart- September 11th terrorist attacks raise sig- ligence, and military—to fight terrorism, not ment to stop the stonewalling of legiti- nificant concerns about his suitability to be every terrorist deserves the valued protec- mate oversight inquiries from Members the Deputy Attorney General of the United tions of our criminal justice system. Al- though Mr. Cole has downplayed his com- of the Senate. States. Third, we have concerns about Mr. Cole’s abilities based on his performance as ments, he has not rejected the comparison of I yield the floor. an Independent Consultant tasked with over- September 11th to ordinary criminal acts or f seeing the insurance group, AIG. As a result, answered whether he favors trying terrorists the Senate returned the nomination to the in civilian courts. His failure to do so exhib- CONCLUSION OF MORNING President. Unfortunately, on December 29, its a lack of understanding about the real BUSINESS 2010, Mr. Cole was recess appointed to a one- threat of terrorism. MR. COLE’S PERFORMANCE IN OVERSEEING AIG The PRESIDING OFFICER. Morning year term while the Senate was adjourned and sworn in shortly thereafter. Notwith- We have a number of concerns about Mr. business is closed. standing Mr. Cole’s recess appointment, our Cole’s abilities based on his performance as f reasons for opposing his nomination remain. an Independent Consultant tasked with over- DEPARTMENT OF JUSTICE STONEWALLING DOCU- seeing AIG. Some of these concerns cannot EXECUTIVE SESSION MENT AND INFORMATION REQUESTS BY RANK- be shared in this letter, because the Judici- ING MEMBERS ary Committee has labeled the relevant re- ports as ‘‘Committee Confidential.’’ None- For several years, the Senate Select Com- theless, these reports and Mr. Cole’s re- NOMINATION OF JAMES MICHAEL mittee on Intelligence has been reviewing COLE TO BE DEPUTY ATTORNEY sponses reveal what appears to be a level of the process used by the Administration’s deference to AIG management that one GENERAL Guantanamo Bay Detainee Review Task would not expect to see from someone tasked The PRESIDING OFFICER. Under Force to detain, transfer, or release detain- as an ‘‘independent’’ monitor. Also, we have the previous order, the Senate will pro- ees from the Guantanamo Bay facility. serious concerns about Mr. Cole’s decision to Given that the recidivism rate among these ceed to executive session to consider suspend the compliance review of AIG’s Fi- detainees has now risen above 25 percent, nancial Products division following the gov- the following nomination, which the Congress must have clear insight into this ernment bailout. clerk will report. process to determine whether additional leg- CONCLUSION The bill clerk read the nomination of islation is needed to protect our national se- We believe that before Mr. Cole’s nomina- curity. James Michael Cole, of the District of tion receives an up-or-down vote in the Sen- The Attorney General has been asked re- Columbia, to be Deputy Attorney Gen- ate, the Department of Justice must imme- eral. peatedly to provide Congress with: (1) any diately comply with the long-standing re- The PRESIDING OFFICER. Under guidance or recommendations related to the quests for documents and information re- Task Force process (including a September lated to the Guantanamo Bay Detainee Re- the previous order, there will be 1 hour 2009 Attorney General memorandum con- of debate equally divided and con- view Task Force. Moreover, we are not yet cerning a presumption to be applied in favor convinced that Mr. Cole’s recess appoint- trolled between the two leaders or of transfer or release for certain detainees); ment should be ratified by the Senate in their designees. (2) the Task Force’s unredacted rec- light of the remaining concerns about his Mr. GRASSLEY. Mr. President, I ommendations regarding each detainee; and suitability for this very important position. yield 10 minutes to the Senator from (3) a list of the 92 detainees who were ap- Again, we urge you to oppose cloture of North Carolina. proved for transfer as of August 28, 2009, Mr. Cole’s nomination at this time. Mr. BURR. Mr. President, I thank prior to the issuance of the September 2009 Sincerely, memo. In spite of these specific written re- the Senator. In less than an hour, this CHARLES E. GRASSLEY, quests from Senators in the minority, in- Ranking Member, Sen- body will be asked to vote on cloture to cluding a request from all of the minority ate Committee on the proceed to the nomination of James members of the Select Committee on Intel- Judiciary. Michael Cole to be Deputy Attorney ligence, the Justice Department has not pro- SAXBY CHAMBLISS, General. I rise in opposition to that vided the information, instead asserting a Vice Chairman, Senate cloture vote on the nomination of questionable ‘‘deliberative process’’ privilege Select Committee on James Cole, and I urge my colleagues to justify its lack of compliance. Intelligence. to strongly oppose it. Aside from this dubious assertion of privi- Mr. BURR. Mr. Cole’s nomination is lege, the repeated failure of the Justice De- troubling on several fronts. First, the As a member of the Senate Intel- partment to comply with this oversight re- ligence Committee, I share the views of quest is part of a disturbing pattern of refus- Department of Justice, where he now the vice chairman, Senator CHAMBLISS, ing to recognize legitimate oversight re- serves as second in command since his and the ranking member of the Judici- quests from ranking minority members. For recess appointment this past Decem- ary Committee, Senator GRASSLEY, as example, the Justice Department is cur- ber, refuses to provide the Senate In- expressed in their letter to Republican rently refusing to turn over documents re- telligence Committee with documents colleagues dated May 6, 2011, opposing quested by the Ranking Member of the Sen- we have been requesting for months. cloture on this nomination. ate Judiciary Committee regarding serious More than 2 years ago, the Intel- allegations that the Bureau of Alcohol, To- ligence Committee learned that the re- I ask unanimous consent to have bacco, Firearms, and Explosives knowingly printed in the RECORD this letter from cidivism rate—the number of prisoners allowed straw purchasers to buy firearms we release who go back into the fight— Republican colleagues. that were then provided to criminal drug There being no objection, the mate- cartels in Mexico. At least two of these at Gitmo was 11 percent. Today it rial was ordered to be printed in the weapons were later found at the scene where stands at over 25 percent. In this effort to close the detention facility at RECORD, as follows: Border Patrol agent Brian Terry was mur- dered. Gitmo, the President ordered a task U.S. SENATE, force run by the Attorney General to Washington, DC, May 6, 2011. MR. COLE’S VIEWS ON TERRORISM DEAR COLLEAGUE: The Majority Leader has A September 2002 opinion piece by Mr. Cole review the status of all detainees still filed cloture on James Cole, the President’s raises serious questions about his judgment housed at Gitmo. Through much of nominee to be the Deputy Attorney General. and his current views on terrorism. In that 2009, the Gitmo detainee review task At this time, we do not support Mr. Cole’s article, he noted that ‘‘[f]or all the rhetoric force examined every detainee’s case appointment and urge you to oppose cloture about war, the September 11th attacks were and made recommendations to the ad- on his nomination. criminal acts of terrorism against a civilian ministration on whether to transfer, During the last Congress, Mr. Cole’s nomi- population’’ and were no more horrible than release, or detain each one. nation was not considered by the full Senate ‘‘the scourge of the drug trade, the reign of At a time when Congress is aware for several reasons. First, the Department of organized crime, and countless acts of rape, that former Gitmo detainees are re- Justice has refused to comply with repeated child abuse, and murder.’’ He also argued minority requests since August 2010 for docu- that the protections of our criminal justice turning to their old ways, we have an ments and information related to the activi- system ‘‘must be applied to everyone to be obligation to the American people—an ties of the Guantanamo Bay Detainee Re- effective.’’ obligation to the American people—to view Task Force. Second, Mr. Cole’s com- While the United States must use every make sure no more detainees are re- ments and hearing testimony regarding the means at our disposal—criminal, intel- leased who could cause us harm. Even

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6832 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 though Gitmo remains open right now, miss the severity of 9/11, calling it no blocked last year, when it was pending efforts to transfer or release many of more horrible than ‘‘the scourge of the on the Senate’s Executive Calendar for these detainees continue today. The drug trade, the reign of organized 155 days after it was reported favorably documents the Intelligence Committee crime, and countless acts of rape, child by the Judiciary Committee. The nom- is seeking all relate to the task force abuse, and murder.’’ ination was reported favorably by the process and will help the committee Mr. Cole has not rejected or fully ex- Judiciary Committee again in March, understand why the task force made plained those comments. Until he does and incredibly, it is again being filibus- the recommendations it did, especially so and until the Department ends its tered. People have asked me how this with respect to those detainees who refusal to comply with reasonable con- could be happening. It is hard to be- may have raised red flags for the intel- gressional requests for information, I lieve that one week after the successful ligence community. cannot support the move to consider operation that killed Osama bin Laden, We know that the Attorney General his nomination. I urge my colleagues the world’s number one terrorist, we provided recommendations on how the to reject cloture today. cannot take this step to ensure that task force should make its transfer de- I suggest the absence of a quorum. President Obama has his full national cisions because of separate information The PRESIDING OFFICER. The security team in place. It is similar to provided to the committee. We do not clerk will call the roll. ‘‘Alice in Wonderland.’’ have everything, however, including The bill clerk proceeded to call the Now that a measure of justice has the September 2009 memorandum in roll. been secured for the victims of Sep- which the Attorney General reportedly Mr. LEAHY. Mr. President, I ask tember 11, I have expressed hope that recommends that an entire category of unanimous consent that the order for we could come together, as we did in detainees be presumed to be eligible for the quorum call be rescinded. the weeks and months following Sep- The PRESIDING OFFICER. Without transfer—presumed eligible for trans- tember 11. We should be ensuring that objection, it is so ordered. fer. While we have asked for this we are extra vigilant these days. There Mr. LEAHY. Mr. President, I assume memorandum and any other rec- are widespread reports that experts are we are on the nomination of Jim Cole. ommendations repeatedly, the Depart- concerned about this being a time in The PRESIDING OFFICER. The Sen- which al-Qaida will seek reprisals. ment has refused to provide them. If ator is correct. the Attorney General of the United Most Americans believe we should be Mr. LEAHY. Mr. President, to make concerned about them trying to strike States recommended that certain de- a parliamentary inquiry: Am I correct tainees be treated favorably, possibly back. This is not a time for further that time runs to 5:30? delay or obstruction. Let us join to- in spite of the intelligence, the Senate The PRESIDING OFFICER. The Sen- Intelligence Committee has a clear gether and confirm this qualified nomi- ator is correct. nee. We also ought to show the rest of oversight interest in reviewing the Mr. LEAHY. Time has been con- the world that no matter what our po- September memorandum and seeing if sumed by this quorum call, and so I litical labels might be, we believe in and to whom it was applied. ask unanimous consent that any time the President of the United States hav- In addition to refusing to provide the consumed in further quorum calls be September 2009 memorandum, the Jus- ing his national security team in place. equally divided on both sides. This weekend, the Washington Post tice Department has also denied the In- The PRESIDING OFFICER. Without editorial board called this delay ‘‘ridic- telligence Committee the recommenda- objection, it is so ordered. ulous,’’ referring to the Deputy Attor- tions of the task force. The committee Mr. LEAHY. Mr. President, the ma- ney General as ‘‘essentially the chief cannot determine why the task force jority leader has been required to file operating officer of the Justice Depart- made its recommendations without cloture in this extraordinary case in an ment, including its national security seeing the description of how the task attempt to overcome a Republican fili- operations.’’ This delay is ridiculous force came to the positions it did. The buster on the nomination of Jim Cole and dangerous to every single Amer- Department claims that both the Sep- to be Deputy Attorney General. This is ican. I hope other Senators will see it tember 2009 memorandum and the a key national security position and as such and help end it. unredacted recommendations are pro- the No. 2 position at the Department of We have the opportunity to set aside tected from disclosure to Congress be- Justice. Certainly, with what has hap- partisanship and join with our Presi- cause of deliberative process. This is an pened in the past week or so, it is im- dent to keep America safe. I recall in assertion ordinarily used in a FOIA portant for this President or any Presi- the aftermath of 9/11 we took imme- case or in the context of Executive dent to have a full national security diate steps—Republicans and Demo- privilege, not to inhibit congressional team. crats together—to do what we could to oversight of a Federal agency. An in- I thought back, and I could not re- make sure the President’s entire law teresting inconsistency in this asser- member a time in my 37 years here enforcement team was in place. tion is that the administration has where the Senate has filibustered a We expedited the nominations of 14 willingly provided the Intelligence President’s nomination to be Deputy U.S. attorneys that had been received Committee with the recommendations Attorney General. I asked Senate Judi- in the Senate only 1 week before, re- of the past administration. ciary Committee staff to check that porting them from the Judiciary Com- I understand that in the last few and they found that the Senate has mittee on September 13 and confirming days, the Attorney General has reached never filibustered a President’s nomi- them by voice vote the very next day. out to the vice chairman of the Intel- nation to be Deputy Attorney General. Those nominations included the nomi- ligence Committee in an effort to re- In fact, during the time I was chairman nation of Paul McNulty to the Eastern solve these issues before today’s vote. of the committee, we quickly moved on District of Virginia, one of the key dis- Given the Department’s months of President Bush’s Deputy Attorneys tricts where terrorism defendants like delays and obstruction in complying General, even on those who would not Zacarias Moussaoui, one of the con- with this request, I believe cloture on have been my choice. We knew it was a spirators in the 9/11 attacks, are tried. this nomination is not appropriate national security position and it is im- We continued to expedite nominations until the documents requested have portant at a time when we face the in the weeks and months that followed, been provided in full. threats we do here and abroad that we confirming an additional 58 officials to In addition to the document issue, have that position filled. In fact, I posts at the Justice Department in Mr. Cole has not explained some highly thought it would be unconscionable, those weeks and before the end of 2001. charged comments he made about 9/11. whether it was President Bush, Presi- Republican Senators helped a Repub- An op-ed he authored back in Sep- dent Reagan or any other President, to lican President to get his security tember 2002 called the 9/11 attacks stall a Deputy Attorney General. team in place to protect the Nation, ‘‘criminal acts of terrorism against a Mr. Cole’s nomination to fill this but now are not going to help a Demo- civilian population.’’ He went on to dis- critical national security position was cratic President to get his security

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6833 team in place. It is the same Nation tice of deference to the administration nation supported by former Republican and the security threats are the same and timely consideration of critical na- Senator Jack Danforth, who worked against Republican Presidents and tional and law enforcement nomina- with Jim Cole for more than 15 years. Democratic Presidents. We ought to tions. In their letter last December, When he introduced Mr. Cole at his come together as Americans first on the 8 former Deputy Attorneys General confirmation hearing, Senator Dan- this important issue. noted that, of the 11 nominations to fill forth described Mr. Cole as someone Last week at the Judiciary Commit- this position over the last 20 years without an ideological or political tee’s oversight hearing on the Depart- from Democratic and Republican Presi- agenda. He also wrote to the com- ment of Justice, the Attorney General dents, ‘‘none remained pending for mittee that ‘‘Jim is a ‘lawyer’s law- of the United States reiterated the longer than 32 days.’’ I remember some yer.’ He is exceedingly knowledgeable, need for final Senate action on the of President Bush’s nominations to especially on matters relating to legal nomination of the Deputy Attorney this position remained pending even and business ethics, public integrity General. He urged the Senate to con- less than that. and compliance with government regu- firm Jim Cole to help the Department Jim Cole’s nomination has been lations. He is highly regarded [] as a fulfill all of its critical tasks, including pending on the floor for 222 days com- skillful litigator. As his resume dem- protecting national security, in a time bined, nearly seven times longer than onstrates, he has a long and deep expe- of heightened concern about retalia- any nominee in the last 20 years. In rience in the Department of Justice.’’ I tory attacks stemming from Osama bin fact, dating back to 1981, 15 of the 16 agree. Laden’s death. Yet, rather than take Deputy Attorney General nominations Jim Cole served as a career pros- action to end the unnecessary and un- pending on the Executive Calendar ecutor at the Justice Department for a explained delays and finally confirm were confirmed unanimously, the only dozen years and has a well-deserved exception being President Obama’s the nomination of Jim Cole, the un- reputation for fairness, integrity and first Deputy Attorney General nomina- precedented Republican filibuster con- toughness. He has demonstrated that tion, of David Ogden, which was con- tinues. This is wrong. It should end. he understands the issues of crime and firmed 65–28 after cloture was filed and I hope that Senators on the other national security that are at the center a time agreement was reached. All of side of the aisle will listen to former of the Deputy Attorney General’s job. the nominees of Presidents Reagan, Deputy Attorneys General of the Nothing suggests that he will be any- George H.W. Bush, Clinton and George United States who served in both Re- thing other than a steadfast defender Bush were confirmed unanimously by publican and Democratic administra- of America’s safety. the Senate, in an average of less than tions. Last December, they wrote to We have received numerous letters of 2 weeks. the leaders of the Senate and urged the Last December, after the nomination support for the nomination of Jim Cole Senate to consider Mr. Cole’s nomina- had already been delayed for over 4 to be Deputy Attorney General, includ- tion without delay. These former offi- months without explanation, I came to ing letters from many former Repub- cials who served with distinction in the floor and asked unanimous consent lican public officials. I ask unanimous that post wrote that the Deputy is ‘‘the that at a time to be determined by the consent that these three letters be chief operating officer of the Depart- majority and minority leaders, the printed in the RECORD at the conclu- ment of Justice, supervising its day-to- Senate consent to a time agreement for sion of my remarks. day operations’’ and that ‘‘the Deputy a debate and a vote on the Cole nomi- The PRESIDING OFFICER. Without is also a key member of the president’s nation. I asked that Senators have the objection, it is so ordered. national security team, a function that courage to step forward, not hide be- (See exhibit 1.) has grown in importance and com- hind the filibuster, and to either vote Mr. LEAHY. Among these is a letter plexity in the years since the terror at- yes or no on this critical national secu- from Michael Toner, former Chief tacks of September 11.’’ They were rity position. Republicans objected to Counsel of the Republican National right and their advice rings true today. that request in December and have Committee and former General Counsel As the former Deputies, 3 of whom still, 5 months later, refused to agree to the Bush-Cheney 2000 Campaign, served under President George W. to a time to debate and vote on the who wrote ‘‘[i]n light of his extensive Bush, noted in their letter, ‘‘Because of nomination. It is time finally for the experience, legal acumen, profes- the responsibilities of the position of Senate to vote. The American people sionalism and integrity, I can think of Deputy Attorney General, votes on expect us to vote. The security of this no better person than Mr. Cole to serve nomination for this position usually country is threatened. as Deputy Attorney General.’’ proceed quickly.’’ I wish the Senate Jim Cole’s nomination was pending Chuck Rosenberg, former Chief of had heeded their advice and voted to last year for 5 months while Repub- Staff for Deputy Attorney General confirm Mr. Cole last year. Now an- lican Senators objected time and time James Comey, who served under Presi- other 5 months have passed. again to calling it up for a vote. I be- dent George W. Bush, wrote, ‘‘I know When we first reported Jim Cole’s lieve that Mr. Cole would have been how important it is for this crucial po- nomination last July, I said that I confirmed by the Senate had his nomi- sition to be filled by the right person. hoped the Senate would treat his nomi- nation been given an up-or-down vote. Jim is the right person. He is smart, nation to this critical national secu- I believe he should be confirmed. As it experienced, thoughtful and has the rity and law enforcement position with was, after the Senate did not take final proper skills and temperament to help the same urgency and seriousness with action on the nomination, President Attorney General Eric Holder lead the which we treated all four of the Deputy Obama exercised his authority after Justice Department.’’ Attorneys General who served under the Senate had recessed for the year to In his letter recommending Mr. Cole, President Bush. All four were con- appoint him in order to make sure this Michael J. Madigan, a Republican firmed by the Senate by voice vote an critical national security and law en- counsel on many high-level Senate in- average of 21 days after they were re- forcement post was filled. The Presi- vestigations, described Mr. Cole as ported by the Judiciary Committee. In dent promptly renominated him when ‘‘one of those somewhat rare individ- fact, we confirmed President Bush’s Congress returned this year. Recess ap- uals in this city about whom you will first nomination to be Deputy Attor- pointments have not prevented Repub- never hear even the mildest of criti- ney General the day it was reported by lican Senators from voting to confirm cism.’’ He concluded that Mr. Cole ‘‘is the committee. That is not the treat- nominations by Republican Presidents. a good man and perfectly suited for the ment that Deputy Attorney General Given the history of obstruction of this challenging position for which the Cole has received. nomination, it is time for the Senate President has wisely nominated him.’’ The Senate’s treatment of the Cole to vote. Mr. Cole’s critics have been wrong to nomination represents a sharp break This is not a nomination that should try to blame him for the actions of from the Senate’s longstanding prac- have been controversial. It is a nomi- AIG. His limited role was as an outside

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6834 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 monitor of other corporate functions Mr. Cole is superbly qualified to serve as I have known Jim for years and he is and and there is no evidence showing he did Deputy Attorney General of the United has been a truly outstanding lawyer and, not perform his assignment well. Let States. Mr. Cole is one of the smartest and most importantly, an even better person. us hold those responsible at AIG ac- most able criminal lawyers in the country, For the last two years I have had the honor of serving with Jim on the ABA–DOJ Dia- countable. Not a single person at AIG and Mr. Cole’s prior service at the Justice Department will be invaluable experience in logue Group where he has been an always has been. There is no basis for making working with Attorney General Holder in thoughtful and important member. Mr. Cole the scapegoat for the action of managing and leading the Justice Depart- Jim, as you already know, has had an out- AIG. Blame the AIG agents and em- ment. In light of his extensive experience, standing career both as a federal prosecutor ployees, blame its officers, blame its legal acumen, professionalism and integrity, and as a criminal and civil trial lawyer. In- board, or even criticize the lack of I can think of no better person that Mr. Cole deed, Jim, I dare say, is one of those some- oversight by state and Federal regu- to serve as Deputy Attorney General. what rare individuals in this city about lators and law enforcement officials if Jim Cole has my highest recommendation whom you will never hear even the mildest to serve as Deputy Attorney General of the of criticism. He is a good man and is per- you like. But scapegoating this good fectly suited for the challenging position for man is wrong. As The Washington Post United States and it is an honor to have the opportunity to write on Mr. Cole’s behalf. If which the President has wisely nominated observed in an editorial last year when confirmed, I believe that Mr. Cole would him. Mr. Cole’s nomination was being serve the Department of Justice and the I am honored to offer unqualified support blocked on the Senate floor, ‘‘There is country with great distinction in the years for Jim’s nomination. no suggestion that Mr. Cole suffers ahead. Respectfully yours, from the kind of ethical or legal prob- Sincerely, MICHAEL J. MADIGAN. lems that would disqualify a nominee.’’ MICHAEL E. TONER. Mr. LEAHY. I see the distinguished There is no justification for the fail- Senator from Texas is here, so I yield ure to act on this critical national se- PHELPS DUNBAR, the floor. curity nomination, and for failing to New Orleans, LA, June 10, 2010. The PRESIDING OFFICER. The Sen- make sure that the administration has Re Nomination of Jim Cole to be next Dep- ator from Texas. uty Attorney General of the United Mr. CORNYN. Mr. President, the dis- its full national security team in place. States of America. During the time when I was chairman tinguished chairman of the Judiciary Hon. PATRICK J. LEAHY, we moved very quickly on President Committee has pointed out the Deputy Chairman, Senate Judicial Committee, Attorney General is a member of the Bush’s nominees for Deputy Attorney U.S. Senate, Russell Office Building, Wash- General because of the importance of ington, DC. national security team of the Presi- the security of the United States. It is DEAR SENATOR LEAHY: I am writing this dent, and the President has already important for every President to suc- letter to recommend, without hesitation, used the authority under the Constitu- ceed, no matter their party. Jim Cole to be confirmed as the next Deputy tion to make a recess appointment of I hope that the Senate will reject Attorney General in the United States De- this nominee. But the question before this destructive and unprecedented fili- partment of Justice. the Senate today is whether the Senate As a former United States Attorney in buster so that we can finally consider should confirm the nomination of Louisiana, I worked with Jim Cole when he James Cole to serve as Deputy Attor- and confirm Jim Cole after many prosecuted a corrupt federal judge. I also months of unnecessary delays. As I have worked with Mr. Cole for more than a ney General. said, I could not remember a time in decade while he worked in the private sector. There are three reasons why I oppose my 37 years here where we had filibus- I know Jim Cole to be bright, hard-work- this nomination. The first is Mr. Cole tered a nominee to be Deputy Attorney ing, dedicated and beyond reproach. If con- is one of the earliest and most vocif- General and that proved to be true. firmed by the United States Senate, I believe erous advocates of bringing foreign al- Jim Cole will be an asset to both the Justice EXHIBIT 1 Qaida terrorists to American cities for Department and the citizens of the United civilian trials—a position since repudi- BRYAN CAVE, States. I respectfully ask you to consider my Washington, DC, June 7, 2010. ated by the Attorney General himself wholehearted support of Jim Cole as the next in the case of Khalid Shaikh Moham- Hon. PATRICK J. LEAHY, Deputy Attorney General. U.S. Senate, Russell Senate Office Building, I know that you, and the other members of med, and I am grateful for that. But Washington, DC. the Judiciary Committee as well as the Sen- Mr. Cole has never recanted his posi- Hon. JEFF SESSIONS, ate, strive for bipartisan cooperation. As a tion that, in effect, these are criminal U.S. Senate, Russell Senate Office Building, Republican Presidential appointee, I believe cases to be prosecuted as ordinary Washington, DC. it is critical for members of the Justice De- crimes rather than terrorist acts dur- DEAR SENATOR LEAHY AND SENATOR SES- partment to have bipartisan support and the ing a time of war. SIONS: I write in strong support of Jim Cole’s confidence of the American people regardless nomination to serve as Deputy Attorney The problem, of course, with the par- of party affiliation. I appreciate your consid- adigm of treating terrorism as a crimi- General of the United States. eration of my views as to the soundness of By way of background, I am a Partner at nal case is that we don’t punish the the nomination of Jim Cole for Deputy At- Bryan Cave LLP in Washington, DC. Prior to torney General and would welcome an oppor- terrorists until they have actually joining Bryan Cave, I was Chairman of the tunity to provide you with additional infor- been successful in committing a ter- Federal Election Commission (FEC) and was mation if you so choose. rorist attack. In war, half the battle— a Commissioner on the FEC from 2002–2007. Thanking you again for your courtesies maybe more than half the battle—is Prior to being appointed to the FEC, I served and with best regards, I remain, as Chief Counsel of the Republican National trying to stop the terrorist from actu- Sincerely, Committee, General Counsel of the Bush- ally accomplishing his or her goal of HARRY ROSENBERG. Cheney 2000 Campaign, and General Counsel killing innocent people. We do that by of the 2000 Bush–Cheney Transition Team. interrogating detainees and finding out I have known Jim Cole for approximately ORRICK, Washington, DC, June 8, 2010. what they know about the organization 15 years and have had the privilege of being and plans of terrorist attacks. Mr. a colleague of Mr. Cole’s at Bryan Cave for Re James M. Cole, Nominee for Deputy At- the last three years. I first met Mr. Cole torney General. Cole, unfortunately, stands by the out- when he served as Special Counsel for the Hon. PATRICK J. LEAHY, dated, outmoded characterization of House Ethics Committee’s inquiry con- U.S. Senate, Russell Senate Office Building, these terrorist attacks being ordinary cerning Speaker Gingrich and I was an attor- Washington, DC. crimes. Of course, they are something ney representing Speaker Gingrich in the Hon. JEFF SESSIONS, much worse indeed. matter. Although Mr. Cole and I obviously U.S. Senate, Russell Senate Office Building, Quite frankly, as Mr. Holder’s Dep- had conflicting interests in the Gingrich Washington, DC. uty, Mr. Cole will only exacerbate the matter, I was tremendously impressed with DEAR SENATORS LEAHY AND SESSIONS: It is worst tendencies of the Department of the thoroughness and professionalism by my great privilege and honor to add my which Mr. Cole conducted himself in the voice, wholeheartedly, to those supporting Justice when it comes to distin- Gingrich matter, and that has been a hall- the nomination of Jim Cole for the critically guishing between criminal prosecu- mark of all of my experiences with Mr. Cole important position of Deputy Attorney Gen- tions and fighting a war against terror- over the last 15 years. eral of the United States. ists. This was, of course, the primary

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6835 reason why Mr. Cole’s nomination was a minority in the Senate is denied the tember 2009 Attorney General memo- unanimously rejected by Republicans usual and customary information nec- randum that reportedly recommends in the Judiciary Committee. The essary for us to do our job, we are left that an entire category of detainees be American people want a Department of with very few options. One of those op- presumed to be eligible for transfer. If Justice that is committed to enforcing tions is to force a resolution by exer- classes of detainees are to be presumed the law and protecting the innocent, cising our rights as a minority to block to be eligible for transfer by DOJ, then not creating new civil rights for terror- cloture. That is not necessarily a per- I think the Intelligence Committee ists or treating them as ordinary manent move. It means debate con- should know about it and why such criminals when they are something tinues on the nomination and we can- guidance was considered appropriate. else indeed. not come to a vote. But I submit, if ra- The Department has also refused to In fact, the recent death of Osama tional minds would come together—if provide the Intelligence committee bin Laden was a product of a lot of in- Senator GRASSLEY and Senator CHAM- with the task force’s recommendations telligence gathering that occurred over BLISS could get the information they for the disposition of the detainees. the years. That would never have oc- and their committees are entitled to The task force documents we have been curred under Mr. Cole’s proposed model and discharge their oversight respon- given have entire portions of their rec- of Mirandizing these people when they sibilities—we could come much closer ommendations blacked out. This is no are arrested; telling them they do not to resolving the differences on this par- way to conduct oversight and it cer- have to provide any information be- ticular nominee. tainly puts the committee at a dis- cause they are being treated as ordi- Mr. CHAMBLISS. Mr. President, I advantage in trying to understand why nary criminals rather than as terror- rise in opposition to cloture on the transfer decisions were made. Interest- ists who are eligible for rough interro- nomination of James Cole to be the ingly, the Department has provided the gation, if necessary, in order to find Deputy Attorney General of the United recommendations made by review out what they know in order to save in- States. boards during the previous administra- nocent lives. Last December, I objected to further tion. Rather than listening to the concerns consideration of Mr. Cole’s nomination As with the September 2009 memo- of Republicans on the Judiciary Com- because of the refusal of the Depart- randum, the Department argues mittee about Mr. Cole’s narrow view of ment of Justice, DOJ, to comply with against giving this information to Con- the war on terror and of the views of reasonable document requests from the gress because of ‘‘deliberative process.’’ the American people and perhaps re- Senate Select Committee on Intel- That assertion may work in a FOIA considering this flawed nomination, ligence. Unfortunately, the President case or in the context of executive the President decided to plow ahead decided to circumvent the Senate and privilege, but there is no legal basis for and bypass the advise and consent recess-appointed Mr. Cole on December using it to deny congressional over- process with a recess appointment. As I 29, 2010. sight, especially where the documents said, he, of course, has the right to do Here we are 5 months later: the Jus- pertain to national security matters. It so. tice Department is still thwarting the is time for the Justice Department to There are actually a couple other Intelligence committee’s oversight. abandon this baseless argument and reasons why I oppose the nomination, The documents we have requested all give us the documents. and I wish to first express my apprecia- relate to the Guantanamo Detainee Re- The Intelligence committee is also tion to Senator CHAMBLISS and Senator view Task Force that made rec- waiting for a list of the 92 detainees GRASSLEY. Senator CHAMBLISS, of ommendations to the Administration who were approved for transfer as of course, is the ranking member of the on whether to transfer, release, or de- August 28, 2009, prior to the application Senate’s Select Committee on Intel- tain Gitmo detainees. Over 2 years ago, of the September 2009 memorandum. ligence, and Senator GRASSLEY is the the committee became aware of rising The Department indicated in November ranking member of the Senate Judici- recidivism rates among former Gitmo 2010 that the list would be provided, ary Committee. They have continued detainees. At that time, the rate was but the committee has yet to receive to demand information from the De- around 11 percent—it is now above 25 it. partment of Justice and have been percent. Congress has a unique obliga- Last Friday, we heard from the De- stonewalled at every turn. Senator tion to the American people to ensure partment for the first time in months, CHAMBLISS and his colleagues on the that no more dangerous detainees are wanting to work something out on the Intelligence Committee have made per- released from Gitmo, and that those documents in advance of the cloture fectly reasonable requests consistent who have been released do not resume vote on the Cole nomination. This is a with the committee’s oversight respon- their terrorist ways. Each one of the bit ironic, considering that letters and sibilities related to the Obama admin- documents we are seeking is essential e-mails from last year have gone unan- istration’s Guantanamo Detainee Re- to understanding why the task force swered. The best thing they can do now view Task Force. Senator GRASSLEY, made certain recommendations about is to honor our request and give us the on the other hand, from his position as certain detainees, especially those de- documents that we have requested. the ranking Republican on the Judici- tainees our intelligence professionals The Department’s obstruction of a ary Committee, on which I serve, has judged were too dangerous to transfer. congressional review is not the only requested documents concerning seri- The detainees remaining at Gitmo reason I am opposing cloture. Mr. Cole ous allegations that the Bureau of Al- are among the worst of the worst, yet still has not explained comments he cohol, Tobacco, Firearms and Explo- many are still designated for transfer. made about the 9/11 attacks. In Sep- sives knowingly allowed straw pur- Given the upward trend in recidivism tember 2002, he wrote an op-ed in which chasers to buy firearms which were rates, the Intelligence Committee is he called these attacks ‘‘criminal acts then provided to criminal drug cartels reasonably concerned that some of the of terrorism against a civilian popu- in Mexico. It has later been reported detainees who have been or may be lation.’’ Following this logic, he dimin- that at least two of these weapons were transferred to third countries will re- ished 9/11 to being no more than ‘‘the found at the scene where a Border Pa- engage in terrorist activities. Lin- scourge of the drug trade, the reign of trol agent named Brian Terry was mur- gering questions about the monitoring organized crime, and countless acts of dered. capabilities of countries that have ac- rape, child abuse, and murder.’’ He also I fully support Senators GRASSLEY cepted detainees add to these concerns. argued that the protections of our and CHAMBLISS and regret that re- In making its recommendations, the criminal justice system ‘‘must be ap- peated requests for information that task force operated under guidance and plied to everyone to be effective.’’ I were well within the purview of the recommendations from the Attorney could not disagree more with this oversight responsibilities of Congress General. The Department of Justice, statement—no terrorist deserves the have been unreasonably rejected. When however, refuses to provide a Sep- benefits of our criminal justice system.

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6836 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 Mr. Cole has neither rejected these The yeas and nays resulted—yeas 50, Alice Saudargas is a remarkable pub- comments, nor really explained why he nays 40, as follows: lic servant. She has dedicated her life made them. Until he does so, I have to [Rollcall Vote No. 67 Ex.] to working with high-poverty schools question his judgment and his suit- YEAS—50 and troubled children. Alice and her ability to be the second-in-command at Akaka Hagan Murray late husband Alex spent more than 70 the Justice Department. Baucus Harkin Nelson (NE) years educating students in Rockford, It is for these reasons, I cannot sup- Begich Inouye Nelson (FL) and as she recently said ‘‘we loved port cloture on the nomination of Mr. Bennet Johnson (SD) Pryor every minute of it.’’ Bingaman Cole at this time. Kerry Reed Blumenthal Klobuchar Rockefeller Alice Christine Nesheim was born in I yield the floor and suggest the ab- Brown (OH) Kohl Schumer 1916 in northern Illinois to Norwegian sence of a quorum. Cantwell Lautenberg Shaheen immigrants. She graduated first in her Cardin Leahy The PRESIDING OFFICER. The Stabenow Carper Levin high school class and was the first in Tester clerk will call the roll. Casey Lieberman her family to attend college. She grad- Udall (CO) The bill clerk proceeded to call the Conrad Lugar uated with a degree from DeKalb State Coons Manchin Udall (NM) roll. Warner Teachers College, which is now North- Mr. GRASSLEY. Mr. President, I ask Durbin McCaskill Feinstein Menendez Webb ern Illinois University. While there, unanimous consent that the order for Franken Merkley Whitehouse she met her husband Alex Saudargas the quorum call be rescinded. Gillibrand Mikulski Wyden and they moved to Rockford to start a The PRESIDING OFFICER. Without NAYS—40 family. objection, it is so ordered. Alexander DeMint Murkowski Alice raised ten children and sup- Mr. GRASSLEY. Mr. President, I ask Ayotte Enzi Paul ported Alex as he led the basketball for the regular order. Blunt Grassley Portman team at West High School to two leg- CLOTURE MOTION Boozman Heller Reid Brown (MA) Hoeven endary state championships in 1955 and The PRESIDING OFFICER. Under Risch Burr Hutchison Roberts 1956. In those days, Alice could always the previous order and pursuant to rule Chambliss Inhofe Rubio be seen at West’s basketball games, XXII, the Chair lays before the Senate Coats Isakson Sessions Coburn Johanns cheering on the team. Shelby the pending cloture motion, which the Cochran Johnson (WI) Snowe But Alice wanted to have a personal clerk will state. Collins Kirk Thune impact on the lives of Rockford’s need- The assistant legislative clerk read Corker Kyl Wicker iest students. She went back to school as follows: Cornyn Lee Crapo McConnell and earned her master’s degree in edu- CLOTURE MOTION NOT VOTING—10 cation from Northern Illinois Univer- We, the undersigned Senators, in accord- sity. Alice worked as a special edu- Barrasso Landrieu Toomey ance with the provisions of rule XXII of the cation teacher and eventually became Standing Rules of the Senate, hereby move Boxer McCain Vitter Graham Moran a principal of Elmwood Center, a to bring to a close debate on the nomination Hatch Sanders of James Michael Cole, of the District of Co- school for emotionally disturbed chil- lumbia, to be Deputy Attorney General. The PRESIDING OFFICER (Mr. dren. The students there called her Harry Reid, Patrick J. Leahy, Herb Kohl, MANCHIN). On this vote, the yeas are 50, ‘‘Big Mamma’’ and they always appre- Dianne Feinstein, Al Franken, Chris- the nays are 40. Three-fifths of the Sen- ciated the love, support, and care she topher A. Coons, Richard Blumenthal, ators duly chosen and sworn not having showed them. Amy Klobuchar, Sheldon Whitehouse, voted in the affirmative, the motion is Alice retired from the school district Sherrod Brown, Mark Udall, Richard J. in 1986 at the age of 70, but she didn’t Durbin, Thomas R. Carper, Bernard rejected. Sanders, John D. Rockefeller IV, The majority leader is recognized. slow down or lose her passion for edu- Jeanne Shaheen, Charles E. Schumer. Mr. REID. Mr. President, I enter a cation. She led committees to help The PRESIDING OFFICER. By unan- motion to reconsider the vote by which make the Rockford schools more inclu- imous consent, the mandatory quorum cloture was rejected. sive of all children and to maintain the call has been waived. The PRESIDING OFFICER. The mo- legacy of West High School. At the age The question is, Is it the sense of the tion is entered. of 84, Alice was appointed to complete Senate that debate on the nomination f a term on the Rockford School Board. She was subsequently elected in her of James Michael Cole, of the District LEGISLATIVE SESSION of Columbia, to be Deputy Attorney own right and served on the board for General shall be brought to a close? Mr. REID. Mr. President, I ask unan- 11 years. Her last day as a Rockford The yeas and nays are mandatory imous consent that the Senate return School Board member was April 26. under the rule. to legislative session. Alice is supported in all her endeav- The clerk will call the roll. The PRESIDING OFFICER. Without ors by her 9 surviving children, 16 The assistant legislative clerk called objection, it is so ordered. grandchildren, and 14 great-grand- the roll. f children as well as the hundreds of stu- Mr. DURBIN. I announce that the dents she has supported and mentored MORNING BUSINESS Senator from California (Mrs. BOXER), throughout her long career. She has the Senator from Louisiana (Ms. LAN- Mr. REID. Mr. President, I ask unan- touched the lives of countless individ- DRIEU), and the Senator from Vermont imous consent that the Senate proceed uals in my state. She is renowned for (Mr. SANDERS) are necessarily absent. to a period of morning business for de- her commitment to Rockford’s need- Mr. KYL. The following Senators are bate only with Senators permitted to iest children, her strong spirit, and of necessarily absent: the Senator from speak for up to 10 minutes each. course her trademark laugh. Wyoming (Mr. BARRASSO), the Senator The PRESIDING OFFICER. Without Although Alice’s time on the Rock- from South Carolina (Mr. GRAHAM), the objection, it is so ordered. ford School Board has come to an end, Senator from Utah (Mr. HATCH), the f I know that this won’t be the end of Senator from Arizona (Mr. MCCAIN), her service or commitment to the com- the Senator from Kansas (Mr. MORAN), TRIBUTE TO ALICE SAUDARGAS munity. I understand that she plans to the Senator from Pennsylvania (Mr. Mr. DURBIN. Mr. President, I rise write a book about her life and work. TOOMEY), and the Senator from Lou- today to honor an outstanding Illi- That will be quite a story. isiana (Mr. VITTER). noisan, Alice Saudargas, and to thank I thank Alice for her lifelong efforts Further, if present and voting, the her for her many years of service as she to improve the lives of others in and Senator from Utah (Mr. HATCH) would ends her term on the Rockford School around Rockford. I wish her all the have voted ‘‘nay.’’ Board. best.

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6837 TRIBUTE TO JODY HERNANDEZ sistent. There are an estimated 600,000 bers get appropriate medical care, and Mr. MCCONNELL. Mr. President, in sex offenders in the country and au- improve the demobilization process. the midst of all our other business, I thorities have not accounted for as I would urge the Senate to quickly would like to just pause and take a mo- many as 100,000 offenders. and positively act on Dr. Rooney’s ment to recognize the outstanding The ALLY Foundation does more nomination. work of Jody Hernandez, who left us than merely raise awareness of a prob- f lem; they’re helping to solve it. Within yesterday after 16 years of dedicated ADDITIONAL STATEMENTS Senate service. Jody came to Wash- 2 years of Ally’s murder, The ALLY ington, by way of San Antonio, after Foundation had already made a signifi- graduating from Vanderbilt University. cant impact on public policy, including TRIBUTE TO THOMAS J. Over the years, she has lent her talents helping to pass Massachusetts’s sexu- PAMPERIN to the Republican Policy Committee, ally dangerous commitment law— ∑ Mr. AKAKA. Mr. President, I would the Budget Committee, and with Sen- known as the Ally Zapp Law—to keep like to take a moment today to recog- ator Don Nickles on and off the Hill. sex offenders predators off the street nize the long and distinguished career David Schiappa convinced her to come after they complete their criminal sen- of Mr. Thomas J. Pamperin of the De- back to the Senate in 2005, and she has tence. partment of Veterans Affairs, VA. been an indispensable part of the Sen- Ally’s tragic death and countless After nearly four decades of public ate floor team ever since. Whenever other attacks were the result of a legal service, beginning with the U.S. Army any of us had a question, she had the system largely unequipped to handle and now as the VA’s Deputy Under Sec- answer. She has been a friendly and the unique dynamics of sexual preda- retary for Disability Assistance, Tom welcoming presence in the cloakroom, tion. Ally’s killer should never have is retiring. From his days as a VA regardless of how long her day was. She been free, let alone work around the claims examiner in Milwaukee to his has been a tremendous help to every general public. present leadership position, he has ably one of us. And we will all miss her. But In less than a decade, The ALLY served our Nation’s veterans. we are all delighted that she has found Foundation has had a profound impact Tom has earned an excellent reputa- her partner in life, and we wish her and on public policy. It is impossible to tion with Members of Congress and her new husband, LCDR Glenn Wright, know how many lives have been saved their staff, especially with that of the U.S. Navy, many years of happiness or how many were spared the physical Senate Committee on Veterans’ Af- and every success as they begin their and emotional scars of sexual abuse fairs, of which I was proud to serve as life together. Jody and Glenn met on a and violence. But the fact remains that chairman during the 109th and 110th church trip to Israel in October and re- thanks to The ALLY Foundation, pub- Congresses. He also receives high cently tied the knot. So I am sure lic officials and employers are far bet- praise from leaders of veterans service many adventures lie ahead. We thank ter educated and equipped to enact organizations, the Department of De- her for her good cheer, her profes- laws and adjust policies to reflect the fense, the Social Security Administra- sionalism, and her service. unique nature of sexual violence. I commend Andrea and Steve for all they tion, and the Department of Justice. f do. He has represented the VA with dis- tinction before the Congress, other RECOGNIZING THE ALLY f FOUNDATION Federal agencies, and foreign delega- ROONEY NOMINATION Mr. BROWN of Massachusetts. Mr. tions. President, I rise today to honor The Mr. WYDEN. Mr. President, in During my chairmanship of the Vet- ALLY Foundation, an inspirational or- March, I was compelled to place a hold erans’ Affairs Committee, Tom was the ganization in Massachusetts. In the on the nomination of Jo Ann Rooney to ‘‘go to person’’ for matters of critical summer of 2002, a young woman named be Principal Deputy Under Secretary of importance to veterans, especially Alexandra ‘‘Ally’’ Zapp walked into a Defense for Personnel and Readiness, those seeking compensation for their fast food restaurant’s restroom in Mas- when I was not satisfied that the mili- war wounds. When time was of the es- sachusetts and was brutally murdered. tary had properly investigated the mis- sence, he cut through the red tape and Soon after Ally’s death, her parents treatment of some members of the Or- personally saw to it that the veteran learned that the man who killed Ally egon National Guard who were demobi- got the benefits that were due. More was not just an employee of the res- lizing at Joint Base Lewis-McChord, broadly, he has led efforts to improve taurant but an extremely dangerous JBLM. the delivery of benefits to all veterans, sexual predator with 24 previous crimi- I am pleased to say that today I am including initiatives to ease the burden nal convictions, including rape and lifting that hold. of proof for those suffering from post- kidnapping. I have had meetings and exchanged traumatic stress disorder, to enable Ally’s mother, Andrea Casanova, and letters with Secretary of the Army veterans to begin the claims process stepfather, Steven Stiles, turned their John McHugh, Army Vice Chief of before discharge from military service, anger to resolve and their sadness to Staff General Peter Chiarelli, Major to better coordinate the delivery of hope and founded The ALLY Founda- General Philip Volpe, Jo Ann Rooney, military and VA benefits, and to auto- tion. The ALLY Foundation is dedi- and Dr. Clifford Stanley, who will be mate claims for higher education bene- cated to changing the way our society Dr. Rooney’s supervisor if she is con- fits under the new G.I. bill. deals with sexual predators and edu- firmed. I have also received several In particular, I thank Tom for the cating policymakers, employers, and documents related to the investiga- work he did in improving VA’s evalua- the general public on sexual violence. tions, and written answers to more tion of and ratings for veterans with Their work initially involved learning than 60 questions about the investiga- traumatic brain injuries, TBI. Soon all they could about sexual violence, tions. after becoming chairman of the Vet- poring over research, attending con- I am satisfied that the actions taken erans’ Affairs Committee, I asked ferences, and interviewing dozens of ex- by the Army put them on the right former VA Under Secretary for Bene- perts. Andrea soon became an expert path to ensuring that future National fits, Daniel L. Cooper, about limita- herself and a compelling presence at Guard soldiers receive all of the care tions on TBI ratings to 10 percent ‘‘and sex offender management conferences. and benefits to which they are entitled. no more.’’ Tom played a significant Andrea and Steve’s tireless research I will continue to closely monitor the role in VA’s response: He developed confirms that current criminal stat- implementation of the changes the temporary guidance so that VA could utes and incarceration guidelines as Army is making. However, I believe promptly address cases where the limi- they pertain to sexual violence often that Dr. Rooney would, if confirmed, tation should not be applied and devel- go unenforced and are at best incon- work to ensure that all servicemem- oped final regulations to ensure more

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6838 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 appropriate ratings in subsequent ties as president of Marquette Univer- Marquette students serve their commu- claims. Tom’s actions had an imme- sity on June 17, 1996, with a pledge that nity. diate and sustained impact on the lives he would ‘‘spare no effort in keeping The physical growth of the Mar- of veterans who were injured in Iraq Marquette on a strong and clear path quette campus is one of the most obvi- and Afghanistan. into the future.’’ As he enters retire- ous indicators of Father Wild’s com- Nearly 40 years of service to the Na- ment on July 31, 2011, it is my belief mitment to the university. Father Wild tion demonstrates a commitment to that my friend has not strayed from oversaw the financing, construction public service matched by few. Tom his pledge. and completion of a new facility for the has worked tirelessly to ensure that As a Catholic, Jesuit institution, Marquette University School of Den- veterans receive the benefits that they Marquette promotes an academically tistry, training the State’s future den- deserve, a goal that has become ever rigorous, values-centered curriculum. tists and promoting oral health more challenging with increases in the Throughout his presidency, Father through outreach programs that target number of servicemembers returning Wild has encouraged the practical underserved patients in six clinical from the conflicts in Iraq and Afghani- preparation of students for work in an sites throughout the State, making stan who have serious injuries, the de- increasingly complex and diverse Marquette one of the largest Medicaid mand for G.I. bill benefits, and the world, advocating for the formation of providers in the State. All of this number of compensable illnesses. Over individuals as ethical and informed growth has been fueled by unprece- the course of his career, Tom has de- leaders in their religious, cultural, pro- dented fundraising led by Father Wild. voted himself to delivering on the Na- fessional, and civic communities. In addition to promoting academics tion’s promise to care for the veteran Through this work, Father Wild has and service, Father Wild was strategic and his widow. I applaud his dedica- demonstrated a deep care and under- in helping Marquette enter the Big tion, hard work, and countless achieve- standing of the development of young East Athletic Conference in 2005. In 6 ments, and I ask my colleagues to join people. short years, the school has enjoyed me in thanking him for his many years Early in his career as president, Fa- success in many of its athletic pro- of service to the country and to the ther Wild oversaw the rewriting of grams, most prominently a Sweet 16 many veterans whose lives he has im- Marquette’s mission statement in an run in the 2011 NCAA Men’s Basketball proved in such crucial ways. His record effort to clearly define what all people, Tournament. I offer my gratitude and sincerest is an example of public service at its young and old, should strive toward on thanks to my friend Father Wild on his best, and I deeply appreciate his long a daily basis. The mission statement retirement from Marquette University. commitment to those who have worn was reorganized under the key values of excellence, faith, leadership and His presidency, based in the values of the nation’s uniform. I wish him all the excellence, faith, leadership and serv- service. These values have permeated best in his future endeavors and know ice, has inspired countless individuals all aspects of Father Wild’s tenure as that all of us who have counted on him not only in the Marquette community ∑ he has constantly inspired the Mar- over the years will miss him. but in Milwaukee and throughout Wis- quette community in the fostering of f consin that will be felt for years to personal and professional excellence, come.∑ WORLD WAR II HEROES FLIGHT the promotion of a life of faith, and the ∑ Mr. CORNYN. Mr. President, today I development of leadership expressed in f wish to acknowledge and honor a very service to others. HOOSIER ESSAY CONTEST special group of veterans. In apprecia- Father Wild has boldly committed WINNERS tion for their selfless service to our Marquette to making higher education ∑ Mr. LUGAR. Mr. President, I wish country, Brookshire’s Grocery Store accessible to all students, regardless of today to take the opportunity to ex- and Super 1 Foods have sponsored a financial means. To accomplish this, press my congratulations to the win- World War II Heroes Flight that has Marquette became the first university ners of the 2010–2011 Dick Lugar/Indi- brought 33 World War II veterans to in the country to partner with the ana Farm Bureau/Indiana Farm Bureau Washington, DC, free of charge. Boys & Girls Clubs of America to offer Insurance Companies Youth Essay Con- I want to take a moment to thank full-tuition scholarships. This program test. these brave veterans visiting our Na- and others have helped many first-gen- In 1985, I joined with the Indiana tion’s Capital, including six that are eration students attend college, so Farm Bureau to sponsor an essay con- from Texas: John Connolly, Longview, much so that 20 percent of Marquette’s test for 8th grade students in my home TX; Gene Germaine, Longview, TX; students are the first in their families State. The purpose of this contest is to Glen Kernohan, Longview, TX; Hugh to attend college. encourage young Hoosiers to recognize Neeld, Jacksonville, TX; Dale Whitton, The more than 36,000 students who and appreciate the importance of Indi- Tyler, TX; and Jim David Woolverton, have received a Marquette degree ana agriculture in their lives and sub- Tyler, TX. under Father Wild’s tenure have had sequently craft an essay responding to During this trip, these veterans will the advantage of learning from re- the assigned theme. The theme chosen tour Arlington National cemetery, the nowned faculty members who work to for this year was ‘‘Agriculture: Then Iwo Jima Memorial, the World War II advance knowledge and improve the and Now.’’ Memorial, the United States Capitol, world around them. Over Father Wild’s Along with my friends at the Indiana and other sites. This program provides career, faculty members and students Farm Bureau and Indiana Farm Bureau many veterans with their only oppor- have seen a 130-percent increase in Insurance Companies, I am pleased tunity to see the great memorials dedi- total research and sponsored project with the annual response to this con- cated to their service and sacrifice. dollars. test and the quality of the essays re- Thus, today, I ask my colleagues to Beyond research and academics, Fa- ceived over the years. I applaud each of join me in honoring these great Ameri- ther Wild has placed an emphasis on this year’s participants on their cans and thanking them for their devo- community interaction that has made thoughtful work and wish, especially, tion and service to our Nation.∑ Marquette a focal point for discussion to highlight the submissions of the f of the region’s most important and 2010–2011 contest winners Alexis J. complex societal issues. Thanks to Carmony of Falmouth, Indiana, and TRIBUTE TO REV. ROBERT A. these interactions, Marquette’s pres- Collin Bowlin of Jasper, Indiana. I sub- WILD, S.J. ence in southeast Wisconsin is stronger mit for the RECORD the complete text ∑ Mr. KOHL. Mr. President, I wish to than ever before. Father Wild has ex- of Alexis’s and Collin’s respective es- honor Reverend Robert A. Wild, S.J., panded the university’s outreach says. I am pleased, also, to include the president of Marquette University in through service and faculty research, names of the many district and county Milwaukee. Father Wild began his du- and currently more than 85 percent of winners of the contest.

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6839 The essays and winners follow. is my turn to take over, where Grandpa left HOWARD AGRICULTURE: THEN AND NOW off. Nathan Chou and Ava McClure, North- (By Alexis J. Carmony) western Middle School. 2010–2011 DISTRICT ESSAY WINNERS Indiana agriculture is important to me be- JACKSON DISTRICT 1 cause of the basic values it instills in my Clayton Pottschmidt, Immanuel Lutheran life. Agriculture is about hard work, appre- Gabrielle Carlson, Quinn McGovern. School; Jaylyn Quade, St. John’s Lutheran ciation for life and living things, the impor- DISTRICT 2 School. tance of our soil and water conservation, Katie Lopshire, William Joseph Rockey. JASPER perseverance, ability to overcome hardships, DISTRICT 3 Sydney Dobson and Austin Fleming, and being creative in dealing with factors be- Shelbi Perry, Dakota Burghardt. Rensselaer Central Middle School. yond man’s control. JAY Indiana agriculture has an amazing respon- DISTRICT 4 Brandon Muhlenkamp and Catherine Dunn, sibility. Years ago, Indiana farmers were Rachel Girod, Nathan Chou. East Jay Middle School. proud to feed their families from the farm; DISTRICT 5 today Indiana farmers are proud to feed the JEFFERSON Shane Slaven, Kiersten Mundy. world from their farms. The heart of Indiana Kaitlyn Boehm, Shawe Memorial Junior- agriculture has not changed from decades DISTRICT 6 Senior High School. ago. Past generations had to physically work Katie Pfaff, Max Keller. LAKE hard to produce their product, whereas the DISTRICT 7 William Barney and Teresa Vazquez, Our present generations have to work as hard for Easton Booe, Whitney Halfhill. Lady of Grace School. the skill it takes to market their product. From the time I went with my great DISTRICT 8 LAWRENCE grandfather to feed his cattle and sensed his Josh Orschell, Alexis J. Carmony. Anna Hawkins, St. Vincent de Paul Catho- lic School. love for those animals, I was hooked on agri- DISTRICT 9 culture. Even when those animals did not co- MARION Anna Hagedorn, Collin Bowlin. operate, grandpa still loved them. He has Max Keller, Immaculate Heart of Mary cared for livestock for years, and he enjoys it DISTRICT 10 School; Emma Moore, Creston Middle today as he did years ago. My great grand- Amber Moore, Clayton Pottschmidt. School. father continues to be active in Indiana agri- 2010–2011 COUNTY ESSAY WINNERS NOBLE culture today and models what agriculture is ADAMS William Joseph Rockey and Rachel Flory, all about: hard work, appreciation for live- Central Noble Middle School. stock and plants, and good stewardship of Eli Hill, Adams Central Middle School; Ra- our earth. chel Girod, Bellmont Middle School. ORANGE In closing, I will leave you with a quote ALLEN Andrew Hawkins, Orleans Junior-Senior from William Jennings Bryan, ‘‘American Robert Ottenweller and Aubrey Fespel, High School; Keisha Levi, Paoli Junior-Sen- Politician and Orator’’; 1860–1925, that sum- Saint Joseph Hessen Cassel School. ior High School. marizes my thoughts on Indiana agriculture. BARTHOLOMEW PARKE ‘‘Burn down your cities and leave our farms, Mark Buffo and Meredith Dickerson, Cen- Shane Slaven and Molly Jones, Rockville and your cities will spring up again by Junior-Senior High School. magic; but destroy our farms and the grass tral Middle School. PORTER will grow in the streets of every city in the CLARK William Alex Sanders, Kouts Middle country.’’ I believe agriculture was the foun- David Elias Book, Borden Junior-Senior School; Gabrielle Carlson, Victory Christian dation of our country then and still is today. High School. Academy. CLAY AGRICULTURE: THEN AND NOW PULASKI Easton Booe, Clay City Junior-Senior High Quinn McGovern, Winamac Middle School. (By Collin Bowlin) School; Whitney Halfhill, North Clay Middle Slowly standing up from the seat of his School. PUTNAM Case-IH tractor in which he has been sitting Troy Davis and Kiersten Mundy, DEARBORN for the past two hours, he wears a smile that Cloverdale Middle School. Matthew Bourquein, Sunman-Dearborn turns into a grimace until the shooting pain RIPLEY Middle School. eases and his knee pops back into place. The Liam Tuveson and Brooke Siefert, Saint DECATUR pain in his knee is the result of the many Louis Catholic School. years of hard work he has put into farming Byron Haley and Sarah Gilley, South De- RUSH this land. Steadily stepping down from the catur Junior-Senior High School. tractor, he points to where he stopped mak- Austin Rogers and Sarah Innis, Benjamin DELAWARE ing the windrows of hay and now I climb Rush Middle School. onto the tractor. It is my turn to take over, Joseph Dorton and Chelsie Taylor, Delta SCOTT Middle School. where he left off. Sarah Grace Hamelman, Scottsburg Middle He has made his livelihood from farming DUBOIS School. these rolling hills in southern Indiana, grow- Collin Bowlin, Jasper Middle School; Anna ST. JOSEPH ing crops of corn, soybeans, and hay, and Hagedorn, Forest Park Junior-Senior High Nicholas Kuyers and Adeline Jongsma, raising livestock which include beef cattle, School. Covenant Christian School. swine, and poultry. He is my grandfather. He ELKHART has instilled in me to take good care of these STEUBEN blessings, land and livestock. As a young Doris Mullett, Clinton Central Junior-Sen- Sam Wilcox and Katie Lopshire, Angola boy, Grandpa worked the land with a team of ior High School. Middle School. horses. Now we have horsepower to more ef- FLOYD SWITZERLAND ficiently produce the food that people rely Ryan Didat and Erin Embrey, Our Lady of Riley Phagan and Amber Moore, Switzer- upon every day. After his eighth grade year Perpetual Help School. land County Middle School. in school, Grandpa had no choice but to end FRANKLIN his schooling early in order to help out on VANDERBURGH Josh Orschell, St. Michael School; Ella his family’s farm. As an eighth grade student Cooper Pratt, Plaza Park Middle School; Knight, Mount Carmel School. today, I have many choices, and I know I Megan O’Leary, Good Shepherd School. will attend college in the future. GREENE VERMILLION My love for raising, showing, and judging Drew Witty and Aubri Lehman, Linton- David Craft and Bethany Lewis, North beef cattle and pigs has given me many op- Stockton Junior High School. Vermillion Junior-Senior High School. portunities. Agriculture will always play a HAMILTON WABASH huge role in my life. I am proud to be one Matthew Hodges and Paige Bousamra, Car- voice supporting the agricultural industry Devin Tracy and Jensen Zumbaugh, mel Middle School. which provides food, fiber, and fuel to the Northfield Junior-Senior High School. world. The economic and environmental HENRY WARREN issues facing farmers today need to be ad- Jake Wicker and Katie Pfaff, Tri Junior- Curitis White and Maddie Rhea, Seeger dressed by knowledgeable people. So now, it Senior High School. Memorial Junior-Senior High School.

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WAYNE any possible affects such a sale might have ment of Commerce, transmitting, pursuant Evan Liggett and Michaela Castleman, relating to Israel’s Qualitative Military Edge to law, the report of a rule entitled Centerville Junior High School. over military threats to Israel; to the Com- ‘‘Wassenaar Arrangement 2010 Plenary mittee on Armed Services. Agreements Implementation: Categories 1, 2, WHITE EC–1515. A joint communication from the 3, 4, 5 Parts I and II, 6, 7, 8, and 9 of the Com- Dakota Burghardt and Shelbi Perry, Fron- Secretary of Defense and the Secretary of merce Control List, Definitions, Reports’’ tier Junior High School.∑ Energy, transmitting, pursuant to law, a re- (RIN0694–AF11) received in the Office of the f port relative to nuclear weapons (DCN OSS President of the Senate on May 4, 2011; to the 2011–0746); to the Committee on Armed Serv- Committee on Banking, Housing, and Urban MESSAGES FROM THE PRESIDENT ices. Affairs. EC–1526. A communication from the Direc- Messages from the President of the EC–1516. A communication from the Under Secretary of Defense (Acquisition, Tech- tor of the Regulatory Management Division, United States were communicated to nology, and Logistics), transmitting, pursu- Office of Policy, Environmental Protection the Senate by Mr. Pate, one of his sec- ant to law, a report entitled ‘‘Report on Ac- Agency, transmitting, pursuant to law, the retaries. tivities and Programs for Countering Pro- report of a rule entitled ‘‘Approval and Pro- mulgation of Implementation Plans; Con- f liferation and NBC Terrorism’’ (DCN OSS 2011–0758); to the Committee on Armed Serv- necticut: Prevention of Significant Deterio- EXECUTIVE MESSAGES REFERRED ices. ration; Greenhouse Gas Permitting Author- ity and Tailoring Rule Revision’’ (FRL No. As in executive session the Presiding EC–1517. A communication from the Dep- uty Secretary of Defense, transmitting, pur- 9286–4) received in the Office of the President Officer laid before the Senate messages suant to law, a report relative to the Joint of the Senate on May 4, 2011; to the Com- from the President of the United Improvised Explosive Device Defeat Organi- mittee on Environment and Public Works. EC–1527. A communication from the Direc- States submitting sundry nominations zation’s Third Quarter Report for Calendar tor of the Regulatory Management Division, and a withdrawal which were referred Year 2010 (DCN OSS Control 2011–2137); to the Office of Policy, Environmental Protection Committee on Armed Services. to the appropriate committees. Agency, transmitting, pursuant to law, the EC–1518. A communication from the Assist- (The nominations received today are report of a rule entitled ‘‘Multi-walled Car- ant Secretary, Bureau of Political-Military printed at the end of the Senate pro- bon Nanotubes; Significant New Use Rule’’ Affairs, Department of State, transmitting, ceedings.) (FRL No. 8865–4) received in the Office of the pursuant to law, an addendum to a certifi- President of the Senate on May 4, 2011; to the f cation, transmittal number: DDTC 11–009, of Committee on Environment and Public the proposed sale or export of defense arti- MESSAGE FROM THE HOUSE Works. cles, including technical data, and defense EC–1528. A communication from the Direc- At 2:12 p.m., a message from the services to a Middle East country regarding tor of the Regulatory Management Division, House of Representatives, delivered by any possible affects such a sale might have Office of Policy, Environmental Protection Mrs. Cole, one of its reading clerks, an- relating to Israel’s Qualitative Military Edge Agency, transmitting, pursuant to law, the over military threats to Israel; to the Com- nounced that pursuant to 22 U.S.C. report of a rule entitled ‘‘Revisions to the mittee on Armed Services. California State Implementation Plan, Impe- 276h, and the order of the House of Jan- EC–1519. A communication from the Direc- uary 5, 2011, the Speaker appointed the rial County Air Pollution Control District tor of Defense Procurement and Acquisition (ICAPCD)’’ (FRL No. 9292–4) received in the following Member of the House of Rep- Policy, Department of Defense, transmit- Office of the President of the Senate on May resentatives to the Mexico-United ting, pursuant to law, the report of a rule en- 4, 2011; to the Committee on Environment States Interparliamentary Group: Mr. titled ‘‘Defense Federal Acquisition Regula- and Public Works. PASTOR of Arizona. tion Supplement: Guidance on Personal EC–1529. A communication from the Direc- Services’’ ((RIN0750–AG72) (DFARS Case tor of the Regulatory Management Division, f 2009–D028)) received in the Office of the Office of Policy, Environmental Protection President of the Senate on May 4, 2011; to the Agency, transmitting, pursuant to law, the MEASURES PLACED ON THE Committee on Armed Services. CALENDAR report of a rule entitled ‘‘Revisions to the EC–1520. A communication from the Direc- California State Implementation Plan, San The following bill was read the sec- tor of Defense Procurement and Acquisition Joaquin Valley Unified Air Pollution Control ond time, and placed on the calendar: Policy, Department of Defense, transmit- District’’ (FRL No. 9292–7) received in the Of- ting, pursuant to law, the report of a rule en- H.R. 3. An act to prohibit taxpayer funded fice of the President of the Senate on May 4, titled ‘‘Defense Federal Acquisition Regula- abortions and to provide for conscience pro- 2011; to the Committee on Environment and tion Supplement: Electronic Ordering Proce- tections, and for other purposes. Public Works. dures’’ ((RIN0750–AH20) (DFARS Case 2009– EC–1530. A communication from the Direc- f D037)) received in the Office of the President tor of the Regulatory Management Division, of the Senate on May 4, 2011; to the Com- Office of Policy, Environmental Protection EXECUTIVE AND OTHER mittee on Armed Services. Agency, transmitting, pursuant to law, the COMMUNICATIONS EC–1521. A communication from the Dep- report of a rule entitled ‘‘Wisconsin: Incorpo- The following communications were uty Secretary of Defense, transmitting, pur- ration by Reference of Approved State Haz- laid before the Senate, together with suant to law, a report relative to the activi- ardous Waste Management Program’’ (FRL ties of the Western Hemisphere Institute for accompanying papers, reports, and doc- No. 9293–9) received in the Office of the Presi- Security Cooperation; to the Committee on dent of the Senate on May 4, 2011; to the uments, and were referred as indicated: Armed Services. Committee on Environment and Public EC–1512. A communication from the Chair- EC–1522. A communication from the Assist- Works. man and Chief Executive Officer, Farm Cred- ant Secretary of Defense (Reserve Affairs), EC–1531. A communication from the Direc- it Administration, transmitting, pursuant to transmitting a report relative to additional tor of Human Resources, Environmental Pro- law, a report relative to the Administra- Reserve component equipment procurement tection Agency, transmitting, pursuant to tion’s 2011 compensation program adjust- and military construction; to the Committee law, a report relative to a vacancy in the po- ments; to the Committee on Agriculture, Nu- on Armed Services. sition of Assistant Administrator for Water, trition, and Forestry. EC–1523. A communication from the Assist- received in the Office of the President of the EC–1513. A communication from the Sec- ant Secretary of Defense (Legislative Af- Senate on May 4, 2011; to the Committee on retary of Defense, transmitting, pursuant to fairs), transmitting legislative proposals rel- Environment and Public Works. law, a report relative to the current and fu- ative to the National Defense Authorization EC–1532. A communication from the Direc- ture military strategy of Iran (DCN OSS Act for Fiscal Year 2012; to the Committee tor of Congressional Affairs, Nuclear Regu- 2011–0754); to the Committee on Armed Serv- on Armed Services. latory Commission, transmitting, pursuant ices. EC–1524. A communication from the Assist- to law, the report of a rule entitled ‘‘Nuclear EC–1514. A communication from the Assist- ant Secretary of Defense (Legislative Af- Power Plant Stimulation Facilities for Use ant Secretary, Bureau of Political-Military fairs), transmitting a legislative proposal in Operator Training, License Examinations, Affairs, Department of State, transmitting, relative to the National Defense Authoriza- and Applicant Experience Requirements’’ pursuant to law, an addendum to a certifi- tion Act for Fiscal Year 2012; to the Com- (Regulatory Guide 1.149, Revision 4) received cation, transmittal number: DDTC 11–008, of mittee on Armed Services. during adjournment of the Senate in the Of- the proposed sale or export of defense arti- EC–1525. A communication from the Assist- fice of the President of the Senate on April cles, including technical data, and defense ant Secretary for Export Administration, 18, 2011; to the Committee on Environment services to a Middle East country regarding Bureau of Industry and Security, Depart- and Public Works.

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6841 EC–1533. A communication from the Regu- EC–1543. A communication from the Chair- EC–1554. A communication from the Direc- lations Coordinator, Centers for Medicare man of the Council of the District of Colum- tor, Administrative Office of the United and Medicaid Services, Department of bia, transmitting, pursuant to law, a report States Courts, transmitting, pursuant to Health and Human Services, transmitting, on D.C. Act 19–54 ‘‘Third and H Streets, N.E. law, a report relative to time limitations es- pursuant to law, the report of a rule entitled Economic Development Technical Clarifica- tablished for deciding habeas corpus death ‘‘Medicare Program: Hospital Inpatient tion Temporary Act of 2011’’; to the Com- penalty petitions; to the Committee on the Value-Based Purchasing Program’’ (RIN0938- mittee on Homeland Security and Govern- Judiciary. AQ55) received in the Office of the President mental Affairs. EC–1555. A communication from the Sec- of the Senate on May 4, 2011; to the Com- EC–1544. A communication from the Chair- retary of Health and Human Services, trans- mittee on Finance. man of the Council of the District of Colum- mitting, pursuant to law, an annual report EC–1534. A communication from the Regu- bia, transmitting, pursuant to law, a report entitled ‘‘Report to the Congress on the Ref- lations Coordinator, Centers for Medicare on D.C. Act 19–55 ‘‘Real Property Tax Ap- ugee Resettlement Program’’; to the Com- and Medicaid Services, Department of peals Commission Establishment Temporary mittee on the Judiciary. Health and Human Services, transmitting, Amendment Act of 2011’’; to the Committee EC–1556. A communication from the Assist- pursuant to law, the report of a rule entitled on Homeland Security and Governmental Af- ant Attorney General, Office of Legislative ‘‘Medicare and Medicaid Programs: Changes fairs. Affairs, Department of Justice, transmit- Affecting Hospital and Critical Access Hos- EC–1545. A communication from the Chair- ting, pursuant to law, an annual report on pital Conditions of Participation: Telemedi- man of the Council of the District of Colum- applications made by the Government for au- cine Credentialing and Privileging’’ bia, transmitting, pursuant to law, a report thority to conduct electronic surveillance (RIN0938-AQ05) received in the Office of the on D.C. Act 19–56 ‘‘Clean and Affordable En- and physical searches during calendar year President of the Senate on May 4, 2011; to the ergy Fiscal Year 2011 Fund Balance Tem- 2010; to the Committee on the Judiciary. Committee on Finance. porary Amendment Act of 2011’’; to the Com- EC–1557. A communication from the Assist- EC–1535. A communication from the Regu- mittee on Homeland Security and Govern- ant Attorney General, Office of Legislative lations Coordinator, Centers for Medicare mental Affairs. Affairs, Department of Justice, transmit- and Medicaid Services, Department of EC–1546. A communication from the Chair- ting, pursuant to law, an annual report on Health and Human Services, transmitting, man of the Council of the District of Colum- the Department’s activities during calendar pursuant to law, the report of a rule entitled bia, transmitting, pursuant to law, a report years 2008 and 2009 relative to prison rape ‘‘Medicare Program; Inpatient Psychiatric on D.C. Act 19–57 ‘‘Not-for-Profit Hospital abatement; to the Committee on the Judici- Facilities Prospective Payment System—Up- Corporation Board Chairperson Designation ary. date for Rate Year Beginning July 1, 2011 Temporary Amendment Act of 2011’’; to the EC–1558. A communication from the Chair, (RY2012)’’ (RIN0938-AQ23) received in the Of- Committee on Homeland Security and Gov- U.S. Sentencing Commission, transmitting, fice of the President of the Senate on May 4, ernmental Affairs. pursuant to law, the amendments to the fed- 2011; to the Committee on Finance. EC–1547. A communication from the Chair- eral sentencing guidelines that were pro- EC–1536. A communication from the Chief man of the Council of the District of Colum- posed by the Commission during the 2010– of the Publications and Regulations Branch, bia, transmitting, pursuant to law, a report 2011 amendment cycle; to the Committee on Internal Revenue Service, Department of the on D.C. Act 19–58 ‘‘Allen Chapel A.M.E. Sen- the Judiciary. Treasury, transmitting, pursuant to law, the ior Residential Rental Project Property Tax EC–1559. A communication from the Clerk, report of a rule entitled ‘‘Section 118 Clean Exemption Clarification Temporary Act of United States Court of Appeal, transmitting Coal’’ (Rev. Proc. 2011–30) received in the Of- 2011’’; to the Committee on Homeland Secu- an opinion of the United States Court of Ap- fice of the President of the Senate on May 4, rity and Governmental Affairs. peals for the Seventh Circuit; to the Com- EC–1548. A communication from the Chair- 2011; to the Committee on Finance. mittee on the Judiciary. man, Board of Governors of the Federal Re- EC–1537. A communication from the Assist- EC–1560. A communication from the Dep- serve System, transmitting, pursuant to law, ant Secretary of Defense (Legislative Af- uty General Counsel, Office of Financial As- the Inspector General’s Semiannual Report fairs), transmitting a legislative proposal sistance, Small Business Administration, for the six-month period from October 1, 2010 relative to the National Defense Authoriza- transmitting, pursuant to law, the report of through March 31, 2011; to the Committee on tion Act for Fiscal Year 2012; to the Com- a rule entitled ‘‘Intermediary Lending Pilot Homeland Security and Governmental Af- mittee on Foreign Relations. Program’’ (RIN3245-AG18) received in the Of- fairs. EC–1538. A communication from the Acting fice of the President of the Senate on May 4, EC–1549. A communication from the Chief 2011; to the Committee on Small Business Assistant Secretary of Legislative Affairs, of the Border Securities Regulations Branch, U.S. Department of State, transmitting, pur- and Entrepreneurship. Customs and Border Protection, Department EC–1561. A communication from the Asso- suant to law, the 2010 annual report on vot- of Homeland Security, transmitting, pursu- ciate Administrator, Office of Government ing practices in the United Nations; to the ant to law, the report of a rule entitled Contracting and Business Development, Committee on Foreign Relations. ‘‘Technical Corrections to Remove Obsolete Small Business Administration, transmit- EC–1539. A communication from the Assist- References to Non-automated Carriers from ting, pursuant to law, an annual 408 Report ant Legal Adviser for Treaty Affairs, Depart- Electronic Cargo Manifest Regulations and on the 8(a) Business Development Program; ment of State, transmitting, pursuant to the to Update Terminology’’ (CBP Dec. 11–10) re- to the Committee on Small Business and En- Case-Zablocki Act, 1 U.S.C. 112b, as amended, ceived in the Office of the President of the trepreneurship. the report of the texts and background state- Senate on May 4, 2011; to the Committee on EC–1562. A communication from the Acting ments of international agreements, other Homeland Security and Governmental Af- Assistant Attorney General, Office of Legis- than treaties (List 2011–0053—2011–0067); to fairs. lative Affairs, Department of Justice, trans- the Committee on Foreign Relations. EC–1550. A communication from the Staff mitting, pursuant to law, a report entitled EC–1540. A communication from the Assist- Director, United States Commission on Civil ‘‘Uniformed Services Employment and Re- ant Secretary of Defense (Legislative Af- Rights, transmitting, pursuant to law, the employment Rights Act of 1994 (USERRA) fairs), transmitting a legislative proposal report of the appointment of members to the Quarterly Report to Congress; Second Quar- relative to the National Defense Authoriza- Alabama Advisory Committee; to the Com- ter of Fiscal Year 2011’’; to the Committee on tion Act for Fiscal Year 2012; to the Com- mittee on the Judiciary. Veterans’ Affairs. mittee on Health, Education, Labor, and EC–1551. A communication from the Staff EC–1563. A communication from the Direc- Pensions. Director, United States Commission on Civil tor of the Regulations Policy and Manage- EC–1541. A communication from the Chief Rights, transmitting, pursuant to law, the ment Office, Veterans Health Administra- Human Capital Officer, Corporation for Na- report of the appointment of members to the tion, Department of Veterans Affairs, trans- tional and Community Service, transmit- Illinois Advisory Committee; to the Com- mitting, pursuant to law, the report of a rule ting, pursuant to law, a report relative to a mittee on the Judiciary. entitled ‘‘Caregivers Program’’ (RIN2900- vacancy in the position of Inspector General EC–1552. A communication from the Staff AN94) received in the Office of the President at the Corporation for National and Commu- Director, United States Commission on Civil of the Senate on May 4, 2011; to the Com- nity Service; to the Committee on Health, Rights, transmitting, pursuant to law, the mittee on Veterans’ Affairs. Education, Labor, and Pensions. report of the appointment of members to the EC–1542. A communication from the Chair- Minnesota Advisory Committee; to the Com- f man of the Council of the District of Colum- mittee on the Judiciary. REPORTS OF COMMITTEES bia, transmitting, pursuant to law, a report EC–1553. A communication from the Assist- on D.C. Act 19–53 ‘‘District of Columbia ant Secretary of Defense (Legislative Af- The following reports of committees Board of Elections and Ethics Primary Date fairs), transmitting legislative proposals rel- were submitted: Alteration Amendment Act of 2011’’; to the ative to the National Defense Authorization By Mr. LIEBERMAN, from the Committee Committee on Homeland Security and Gov- Act for Fiscal Year 2012; to the Committee on Homeland Security and Governmental Af- ernmental Affairs. on the Judiciary. fairs, with an amendment:

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6842 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 S. 498. A bill to ensure objective, inde- enhance the quality of the health care sys- By Ms. KLOBUCHAR (for herself and pendent review of task and delivery orders tem; to the Committee on Finance. Mr. THUNE): (Rept. No. 112–16). By Mr. BINGAMAN: S. Res. 173. A resolution designating the f S. 916. A bill to facilitate appropriate oil week of May 1 through May 7 , 2011, as ‘‘Na- and gas development on Federal land and tional Physical Education and Sport Week’’; EXECUTIVE REPORTS OF waters, to limit dependence of the United to the Committee on the Judiciary. COMMITTEE States on foreign sources of oil and gas, and By Mr. LIEBERMAN (for himself and The following executive reports of for other purposes; to the Committee on En- Ms. COLLINS): ergy and Natural Resources. nominations were submitted: S. Res. 174. A resolution expressing the By Mr. BINGAMAN: sense of the Senate that effective sharing of By Mr. LEAHY for the Committee on the S. 917. A bill to amend the Outer Conti- passenger information from inbound inter- Judiciary. nental Shelf Lands Act to reform the man- national flight manifests is a crucial compo- Lisa O. Monaco, of the District of Colum- agement of energy and mineral resources on nent of our national security and that the bia, to be an Assistant Attorney General. the Outer Continental Shelf, and for other Department of Homeland Security must Bernice Bouie Donald, of Tennessee, to be purposes; to the Committee on Energy and United States Circuit Judge for the Sixth maintain the information sharing standards Natural Resources. required under the 2007 Passenger Name Circuit. By Mr. BAUCUS: Virginia A. Seitz, of the District of Colum- Record Agreement between the United S. 918. A bill to direct the Secretary of States and the European Union; to the Com- bia, to be an Assistant Attorney General. Transportation to carry out programs and Denise Ellen O’Donnell, of New York, to be mittee on Homeland Security and Govern- activities to improve highway safety; to the mental Affairs. Director of the Bureau of Justice Assistance. Committee on Commerce, Science, and (Nominations without an asterisk Transportation. f were reported with the recommenda- By Mr. HARKIN (for himself and Mrs. ADDITIONAL COSPONSORS tion that they be confirmed.) GILLIBRAND): S. 919. A bill to authorize grant programs S. 146 f to ensure successful, safe, and healthy stu- At the request of Mr. BAUCUS, the INTRODUCTION OF BILLS AND dents; to the Committee on Health, Edu- name of the Senator from Arkansas JOINT RESOLUTIONS cation, Labor, and Pensions. (Mr. BOOZMAN) was added as a cospon- By Mr. BLUNT (for himself, Ms. STABE- sor of S. 146, a bill to amend the Inter- The following bills and joint resolu- NOW, and Mrs. MCCASKILL): tions were introduced, read the first S. 920. A bill to create clean energy jobs nal Revenue Code of 1986 to extend the and second times by unanimous con- and set efficiency standards for small-duct work opportunity credit to certain re- sent, and referred as indicated: high-velocity air conditioning and heat cently discharged veterans. By Mrs. SHAHEEN (for herself and Ms. pump systems, and for other purposes; to the S. 296 Committee on Energy and Natural Re- AYOTTE): At the request of Ms. KLOBUCHAR, the sources. S. 910. A bill to amend title 38, United name of the Senator from New York States Code, to ensure that veterans in each By Mr. SCHUMER (for himself, Mr. (Mr. SCHUMER) was added as a cospon- of the 48 contiguous States are able to re- KYL, and Mr. KIRK): ceive services in at least one full-service De- S. 921. A bill to allow otherwise eligible sor of S. 296, a bill to amend the Fed- partment of Veterans Affairs medical center Israeli nationals to receive E–2 non- eral Food, Drug, and Cosmetic Act to in the State or receive comparable services immigrant visas if similarly situated United provide the Food and Drug Administra- provided by contract in the State, and for States nationals are eligible for similar non- tion with improved capacity to prevent immigrant status in Israel; to the Com- other purposes; to the Committee on Vet- mittee on the Judiciary. drug shortages. erans’ Affairs. By Mrs. GILLIBRAND: S. 390 By Mr. ROCKEFELLER (for himself S. 922. A bill to amend the Workforce In- At the request of Mr. WEBB, the name UTCHISON): and Mrs. H vestment Act of 1998 to authorize the Sec- S. 911. A bill to establish the sense of Con- of the Senator from Nebraska (Mr. retary of Labor to provide grants for Urban gress that Congress should enact, and the NELSON) was added as a cosponsor of S. Jobs Programs, and for other purposes; to President should sign, bipartisan legislation the Committee on Health, Education, Labor, 390, a bill to ensure that the right of an to strengthen public safety and to enhance and Pensions. individual to display the Service Flag wireless communications; to the Committee By Mr. VITTER (for himself, Ms. on residential property not be on Commerce, Science, and Transportation. AYOTTE, Mr. KYL, and Mr. INHOFE): abridged. By Mr. WICKER: S. 923. A bill to withhold United States S. 912. A bill to prevent foreign states that S. 394 contributions to the United Nations until do business, issue securities, or borrow At the request of Mr. KOHL, the the United Nations formally retracts the money in the United States, and fail to sat- final report of the ‘‘United Nations Fact names of the Senator from Ohio (Mr. isfy United States court judgments totaling Finding Mission on the Gaza Conflict’’; to BROWN) and the Senator from West Vir- $100,000,000 or more based on such activities, the Committee on Foreign Relations. ginia (Mr. MANCHIN) were added as co- from inflicting further economic injuries in By Mr. BEGICH: sponsors of S. 394, a bill to amend the the United States, from undermining the in- S. 924. A bill to amend the Internal Rev- tegrity of United States courts, and from Sherman Act to make oil-producing enue Code of 1986 to provide commuter flexi- and exporting cartels illegal. discouraging responsible lending to poor and ble spending arrangements, and for other developing nations by undermining the sec- purposes; to the Committee on Finance. S. 426 ondary and primary markets for sovereign By Mrs. BOXER: At the request of Mr. SANDERS, the debt; to the Committee on Banking, Hous- S. 925. A bill to designate Mt. Andrea Law- name of the Senator from Washington ing, and Urban Affairs. rence; to the Committee on Energy and Nat- (Mrs. MURRAY) was added as a cospon- By Mr. ROCKEFELLER: ural Resources. sor of S. 426, a bill to strengthen stu- S. 913. A bill to require the Federal Trade By Mr. MENENDEZ (for himself, Mr. dent achievement and graduation rates Commission to prescribe regulations regard- LAUTENBERG, Ms. MIKULSKI, and Mr. ing the collection and use of personal infor- CARDIN): and prepare young people for college, mation obtained by tracking the online ac- S. 926. A bill to amend the Outer Conti- careers, and citizenship through inno- tivity of an individual, and for other pur- nental Shelf Lands Act to permanently pro- vative partnerships that meet the com- poses; to the Committee on Commerce, hibit the conduct of offshore drilling on the prehensive needs of children and youth. Science, and Transportation. outer Continental Shelf in the Mid-Atlantic S. 465 By Mr. BEGICH (for himself, Mr. and North Atlantic planning areas; to the GRASSLEY, and Mr. TESTER): Committee on Energy and Natural Re- At the request of Mrs. GILLIBRAND, S. 914. A bill to amend title 38, United sources. the name of the Senator from Ohio States Code, to authorize the waiver of the f (Mr. BROWN) was added as a cosponsor collection of copayments for telehealth and of S. 465, a bill to prevent mail, tele- telemedicine visits of veterans, and for other SUBMISSION OF CONCURRENT AND marketing, and Internet fraud tar- purposes; to the Committee on Veterans’ Af- SENATE RESOLUTIONS geting seniors in the United States, to fairs. By Mr. SANDERS: The following concurrent resolutions promote efforts to increase public S. 915. A bill to provide for health care for and Senate resolutions were read, and awareness of the enormous impact that every American and to control the cost and referred (or acted upon), as indicated: mail, telemarketing, and Internet

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6843 fraud have on seniors, to educate the United States Code, to authorize space- S. 730 public, seniors, and their families, and available travel on military aircraft At the request of Ms. MURKOWSKI, the their caregivers about how to identify for members of the reserve compo- names of the Senator from Hawaii (Mr. and combat fraudulent activity, and nents, a member or former member of AKAKA) and the Senator from Hawaii for other purposes. a reserve component who is eligible for (Mr. INOUYE) were added as cosponsors S. 481 retired pay but for age, widows and of S. 730, a bill to provide for the settle- At the request of Mr. HARKIN, the widowers of retired members, and de- ment of certain claims under the Alas- name of the Senator from Wisconsin pendents. ka Native Claims Settlement Act, and (Mr. KOHL) was added as a cosponsor of S. 576 for other purposes. S. 481, a bill to enhance and further re- At the request of Mr. HARKIN, the S. 738 search into the prevention and treat- names of the Senator from Alaska (Mr. At the request of Ms. STABENOW, the ment of eating disorders, to improve BEGICH), the Senator from Ohio (Mr. name of the Senator from New Jersey access to treatment of eating disorders, BROWN), the Senator from New Jersey (Mr. MENENDEZ) was added as a cospon- and for other purposes. (Mr. LAUTENBERG) and the Senator sor of S. 738, a bill to amend title XVIII S. 486 from New York (Mrs. GILLIBRAND) were of the Social Security Act to provide for Medicare coverage of comprehen- At the request of Mr. WHITEHOUSE, added as cosponsors of S. 576, a bill to the name of the Senator from Florida amend the Elementary and Secondary sive Alzheimer’s disease and related de- mentia diagnosis and services in order (Mr. NELSON) was added as a cosponsor Education Act of 1965 to improve of S. 486, a bill to amend the standards for physical education. to improve care and outcomes for Americans living with Alzheimer’s dis- Servicemembers Civil Relief Act to en- S. 625 ease and related dementias by improv- hance protections for members of the At the request of Ms. KLOBUCHAR, the uniformed services relating to mort- ing detection, diagnosis, and care plan- names of the Senator from Vermont ning. gages, mortgage foreclosure, and evic- (Mr. LEAHY) and the Senator from S. 740 tion, and for other purposes. Vermont (Mr. SANDERS) were added as At the request of Mr. REED, the name S. 489 cosponsors of S. 625, a bill to amend of the Senator from North Dakota (Mr. At the request of Mr. REED, the name title 23, United States Code, to incor- CONRAD) was added as a cosponsor of S. of the Senator from Michigan (Mr. porate regional transportation plan- 740, a bill to revise and extend provi- LEVIN) was added as a cosponsor of S. ning organizations into statewide sions under the Garrett Lee Smith Me- 489, a bill to require certain mortga- transportation planning, and for other morial Act. gees to evaluate loans for modifica- purposes. S. 781 tions, to establish a grant program for S. 634 At the request of Mr. THUNE, the State and local government mediation At the request of Mr. SCHUMER, the programs, and for other purposes. name of the Senator from Arkansas name of the Senator from Massachu- (Mr. BOOZMAN) was added as a cospon- S. 496 setts (Mr. BROWN) was added as a co- sor of S. 781, a bill to amend the Clean At the request of Mr. MCCAIN, the sponsor of S. 634, a bill to ensure that Air Act to conform the definition of re- name of the Senator from New Hamp- the courts of the United States may newable biomass to the definition shire (Ms. AYOTTE) was added as a co- provide an impartial forum for claims given the term in the Farm Security sponsor of S. 496, a bill to amend the brought by United States citizens and and Rural Investment Act of 2002. Food, Conservation, and Energy Act to others against any railroad organized S. 807 repeal a duplicative program relating as a separate legal entity, arising from At the request of Mr. ENZI, the names to inspection and grading of catfish. the deportation of United States citi- of the Senator from North Carolina S. 501 zens and others to Nazi concentration (Mr. BURR) and the Senator from North camps on trains owned or operated by At the request of Mr. THUNE, the Carolina (Mrs. HAGAN) were added as such railroad, and by the heirs and sur- name of the Senator from South Da- cosponsors of S. 807, a bill to authorize vivors of such persons. kota (Mr. JOHNSON) was added as a co- the Department of Labor’s voluntary sponsor of S. 501, a bill to establish S. 641 protection program and to expand the pilot projects under the Medicare pro- At the request of Mr. DURBIN, the program to include more small busi- gram to provide incentives for home name of the Senator from Delaware nesses. health agencies to utilize home moni- (Mr. COONS) was added as a cosponsor S. 838 toring and communications tech- of S. 641, a bill to provide 100,000,000 At the request of Mr. TESTER, the nologies. people with first-time access to safe name of the Senator from Alaska (Ms. S. 506 drinking water and sanitation on a sus- MURKOWSKI) was added as a cosponsor At the request of Mr. CASEY, the tainable basis within six years by im- of S. 838, a bill to amend the Toxic Sub- name of the Senator from Colorado proving the capacity of the United stances Control Act to clarify the ju- (Mr. UDALL) was added as a cosponsor States Government to fully implement risdiction of the Environmental Pro- of S. 506, a bill to amend the Elemen- the Senator Paul Simon Water for the tection Agency with respect to certain tary and Secondary Education Act of Poor Act of 2005. sporting good articles, and to exempt 1965 to address and take action to pre- S. 668 those articles from a definition under vent bullying and harassment of stu- At the request of Mr. CORNYN, the that Act. dents. names of the Senator from Arkansas S. 853 S. 534 (Mr. BOOZMAN) and the Senator from At the request of Mrs. HAGAN, the At the request of Mr. KERRY, the North Dakota (Mr. HOEVEN) were added name of the Senator from Washington name of the Senator from Alaska (Mr. as cosponsors of S. 668, a bill to remove (Mrs. MURRAY) was added as a cospon- BEGICH) was added as a cosponsor of S. unelected, unaccountable bureaucrats sor of S. 853, a bill to provide for finan- 534, a bill to amend the Internal Rev- from seniors’ personal health decisions cial literacy education. enue Code of 1986 to provide a reduced by repealing the Independent Payment S. 868 rate of excise tax on beer produced do- Advisory Board. At the request of Mr. HATCH, the mestically by certain small producers. S. 720 name of the Senator from Oklahoma S. 542 At the request of Mr. THUNE, the (Mr. INHOFE) was added as a cosponsor At the request of Mr. BEGICH, the name of the Senator from South Da- of S. 868, a bill to restore the long- name of the Senator from Arkansas kota (Mr. JOHNSON) was withdrawn as a standing partnership between the (Mr. PRYOR) was added as a cosponsor cosponsor of S. 720, a bill to repeal the States and the Federal Government in of S. 542, a bill to amend title 10, CLASS program. managing the Medicaid program.

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6844 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 S. 877 cer, and designating May 2011, as ‘‘Na- I introduced similar legislation in At the request of Mr. HATCH, the tional Cancer Research Month’’. the 111th Congress with our former col- name of the Senator from Texas (Mr. f league, Senator Judd Gregg. Since that CORNYN) was added as a cosponsor of S. time, the VA has established an effec- 877, a bill to prevent taxpayer-funded STATEMENTS ON INTRODUCED tive contractual relationship with one elective abortions by applying the BILLS AND JOINT RESOLUTIONS hospital in New Hampshire, Concord longstanding policy of the Hyde By Mrs. SHAHEEN (for herself Hospital, to expand in-state care for amendment to the new health care law. and Ms. AYOTTE): our veterans. I believe this type of S. 878 S. 910. A bill to amend title 38, partnership could be readily expanded. At the request of Mr. NELSON of Ne- United States Code, to ensure that vet- I have begun working with officials at braska, the name of the Senator from erans in each of the 48 contiguous the Department of Veterans Affairs to Nebraska (Mr. JOHANNS) was added as a States are able to receive services in at find innovative ways to enhance pub- cosponsor of S. 878, a bill to amend sec- least one full-service Department of lic-private health care partnerships in tion 520 of the Housing Act of 1949 to Veterans Affairs medical center in the New Hampshire and look forward to revise the requirements for areas to be State or receive comparable services furthering that dialogue. considered as rural areas for purposes provided by contract in the State, and Our veterans deserve access to first- of such Act. for other purposes; to the Committee rate medical care, regardless of where they live. There are full-service vet- S. 883 on Veterans’ Affairs. Mrs. SHAHEEN. Mr. President, today erans hospitals in 47 States and vet- At the request of Mr. LIEBERMAN, the erans in Alaska and Hawaii are able to name of the Senator from Louisiana I am introducing the Veterans Health Equity Act of 2011. This bill would re- receive care at military hospitals. New (Ms. LANDRIEU) was added as a cospon- Hampshire alone has neither. I am sor of S. 883, a bill to authorize Na- quire the Department of Veterans Af- hopeful that my colleagues will recog- tional Mall Liberty Fund D.C. to estab- fairs to ensure that every State has ei- nize this inequity and support this ef- lish a memorial on Federal land in the ther a full-service veterans hospital or, fort to provide New Hampshire vet- District of Columbia to honor free per- in the alternative, that veterans in erans with the same access to quality sons and slaves who fought for inde- every State have access to comparable local health care that veterans in every pendence, liberty, and justice for all in-state hospital care and medical serv- other State enjoy. during the American Revolution. ices. I am pleased that my colleague from New Hampshire, Senator AYOTTE, I look forward to working with the S. 896 has agreed to be an original cosponsor entire New Hampshire congressional At the request of Mr. BINGAMAN, the of this measure. delegation, with my Senate colleagues name of the Senator from California New Hampshire is currently the only and with the Obama administration to (Mrs. BOXER) was added as a cosponsor State that does not have either a full- end this injustice. of S. 896, a bill to amend the Public service veterans medical center or a Mr. President, I ask unanimous con- Land Corps Act of 1993 to expand the military hospital providing comparable sent that the text of the bill be printed authorization of the Secretaries of Ag- services to veterans. While the staff of in the RECORD. riculture, Commerce, and the Interior the Manchester VA Medical Center There being no objection, the text of to provide service opportunities for does an excellent job of caring for our the bill was ordered to be printed in young Americans; help restore the na- State’s veterans, this facility does not the RECORD, as follows: tion’s natural, cultural, historic, ar- provide inpatient surgical care, emer- S. 910 chaeological, recreational and scenic gency services or care in a number of Be it enacted by the Senate and House of Rep- resources; train a new generation of critical specialties. This imposes a resentatives of the United States of America in public land managers and enthusiasts; Congress assembled, great burden on many New Hampshire and promote the value of public serv- SECTION 1. SHORT TITLE. veterans who are forced to travel out of ice. This Act may be cited as the ‘‘Veterans state for a range of medical services. Health Equity Act of 2011’’. S. RES. 80 New Hampshire has over 130,000 vet- SEC. 2. AVAILABILITY OF FULL-SERVICE DEPART- At the request of Mr. KIRK, the name erans and this number continues to MENT OF VETERANS AFFAIRS MED- of the Senator from Alaska (Mr. grow as our troops return from major ICAL CENTERS IN CERTAIN STATES BEGICH) was added as a cosponsor of S. deployments in the Middle East. It is OR PROVISION OF COMPARABLE Res. 80, a resolution condemning the SERVICES THROUGH CONTRACT unconscionable that our veterans must WITH OTHER HEALTH CARE PRO- Government of Iran for its state-spon- board shuttles to larger VA facilities in VIDERS IN THE STATE. sored persecution of its Baha’i minor- Massachusetts or Vermont to get the (a) IN GENERAL.—Chapter 17 of title 38, ity and its continued violation of the medical care they have been promised United States Code, is amended by inserting International Covenants on Human in exchange for their service. Often, es- after section 1706 the following new section: Rights. pecially during the winter months, ‘‘§ 1706A. Management of health care: access S. RES. 150 to full-service Department medical centers travel is difficult in New England, and in certain States or comparable services At the request of Mr. INHOFE, the our veterans should not be forced to through contract name of the Senator from Indiana (Mr. drive long distances in order to receive ‘‘(a) REQUIREMENT.—With respect to each COATS) was added as a cosponsor of S. the medical care they have earned and of the 48 contiguous States, the Secretary Res. 150, a resolution calling for the deserve. shall ensure that veterans in the State eligi- protection of religious minority rights Our goal is to ensure that New Hamp- ble for hospital care and medical services and freedoms in the Arab world. shire veterans get the care they need under section 1710 of this title have access— S. RES. 172 as close to home as possible. This legis- ‘‘(1) to at least one full-service Department medical center in the State; or At the request of Mrs. FEINSTEIN, the lation provides the Department of Vet- ‘‘(2) to hospital care and medical services names of the Senator from New Jersey erans Affairs with the flexibility to comparable to the services typically pro- (Mr. LAUTENBERG), the Senator from achieve this end in the most cost-effec- vided by full-service Department medical Oklahoma (Mr. INHOFE), the Senator tive manner. If it is not feasible for the centers through contract with other health from Georgia (Mr. ISAKSON) and the VA to construct a new full-service hos- care providers in the State. Senator from Massachusetts (Mr. pital in New Hampshire or to provide ‘‘(b) RULE OF CONSTRUCTION.—Nothing in BROWN) were added as cosponsors of S. the full panoply of hospital services at subsection (a) shall be construed to limit the Res. 172, a resolution recognizing the its existing medical center in Man- ability of the Secretary to provide enhanced importance of cancer research and the chester, the legislation simply requires care to an eligible veteran who resides in one State in a Department medical center in an- contributions made by scientists and the VA to contract with other health other State. clinicians across the United States who providers to offer comparable in-state ‘‘(c) LIMITATION ON REQUIREMENT.—Sub- are dedicated to finding a cure for can- care. section (a) shall be effective in any fiscal

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6845 year only to the extent and in the amount ment canceled. Simply put, the lack of array of companies collecting this in- provided in advance in appropriations Acts. a full-service VA hospital in New formation in numerous ways: third- ‘‘(d) FULL-SERVICE DEPARTMENT MEDICAL Hampshire is unacceptable and our vet- party advertising networks place CENTER DEFINED.—In this section, the term ‘full-service Department medical center’ erans deserve better. ‘‘cookies’’ on computer web-browsers means a facility of the Department that pro- As a member of the Armed Services to keep track of the websites con- vides medical services, including hospital Committee, I will continue to press for sumers have visited; analytic and mar- care, emergency medical services, and sur- a full-service VA hospital in New keting companies identify individual gical care rated by the Secretary as having a Hampshire and explore all legislative computers by recognizing the unique surgical complexity level of standard.’’. remedies to ensure that our New configuration, or ‘‘fingerprint,’’ of web- (b) CLERICAL AMENDMENT.—The table of Hampshire veterans receive the care browsers; and software applications in- sections at the beginning of such chapter is they deserve. My 95 year old grand- stalled on mobile devices, colloquially amended by inserting after the item relating known as ‘‘apps’’, that collect, use, and to section 1706 the following new item: father, John Sullivan, a World War II veteran, and veterans like him who disseminate information about con- ‘‘1706A. Management of health care: access sumer location, contact information, to full-service Department med- have selflessly served our country, ical centers in certain States or have earned high-quality medical care and other personal matters. All of this comparable services through that is commensurate with their coura- information is being stored on com- contract.’’. geous service. We must honor our com- puter servers around the world and is (c) REPORT ON IMPLEMENTATION.—Not later mitments to America’s brave veterans. used for a variety of purposes, ranging than one year after the date of the enact- The Veteran’s Health Equity Act will from online behavioral advertising to ment of this Act, the Secretary of Veterans help ensure every veteran in the United internal analytics to the creation of Affairs shall submit to Congress a report de- States can access quality medical care personal dossiers by data brokers who scribing the extent to which the Secretary build comprehensive profiles on indi- has complied with the requirement imposed without having to travel to another State. vidual Americans. by section 1706A of title 38, United States My bill will empower consumers, if Code, as added by subsection (a), including they so choose, to stem the tide. It the effect of such requirement on improving By Mr. ROCKEFELLER: the quality and standards of care provided to S. 913. A bill to require the Federal gives them the means to prohibit the veterans. Trade Commission to prescribe regula- collection of their information from Ms. AYOTTE. Mr. President, I rise tions regarding the collection and use the start. Consumers will be able to no- today to highlight the Veteran’s of personal information obtained by tify companies who are collecting their Health Equity Act, a bill I am intro- tracking the online activity of an indi- personal information that they want ducing with my colleague from the vidual, and for other purposes; to the those collection practices to stop. If online companies fail to obey this re- Granite State, Senator JEANNE SHA- Committee on Commerce, Science, and quest, they will face stiff penalties HEEN. I am pleased to support this bi- Transportation. from the Federal Trade Commission or partisan legislation that addresses an Mr. ROCKFELLER. Mr. President, I rise to introduce the Do-Not-Track On- state Attorneys General. issue of importance to our Nation’s he- The strength of this bill is its sim- line Act of 2011; and I ask for unani- roic military veterans, especially in plicity. Congress has long grappled mous consent that the bill be printed my home State of New Hampshire. with consumer privacy through the As a military spouse, I personally un- for the record. This bill is a first step lens of ‘‘notice and consent.’’ That is, derstand the commitment and sacrifice towards furthering consumer privacy for over a decade in the Senate Com- required of our service members and by empowering Americans with the merce Committee, which I chair, we their families, and I am fully com- ability to control their personal infor- have tried to determine how online mation and prevent online companies mitted to ensuring that our heroes companies can provide clear and con- from collecting and using that infor- have access to the support and care spicuous notice to consumers about mation, if they so choose. they have earned. The bill we are intro- their commercial information prac- Do-Not-Track is a simple concept. It ducing would level the playing field for tices; and once this notice has been allows consumers, with a simple click veterans by requiring the Department given, further determine how con- of Veterans Affairs to guarantee that of the mouse or the press of the button, sumers can either opt-in or opt-out of veterans in every State have access to to tell the entire online world, ‘‘Do not those information collection practices. hospital care within their borders. As collect information about me. I care The endeavor has proven complicated it stands now, New Hampshire is the about my privacy. And I do not want and often unworkable: privacy policies only state in the nation without a full- my information used in ways I do not are often long and tedious, replete with service VA hospital or military hos- expect or approve of.’’ Under my bill, technical legalese. These notices don’t pital providing equivalent care to vet- online companies would have to honor work well on a full screen computer, erans. Specifically, the Veteran’s that user declaration, and cease the in- much less on a small hand-held mobile Health Equity Act would require the formation collection and use practices device, and consumers often ignore VA to either provide a full-service VA to which consumers have said, ‘‘no.’’ them. Further, consumer consent has hospital in every State or contract My bill would direct the Federal Trade been dependent on the type of informa- with civilian hospitals to provide vet- Commission to issue regulations that tion that is being collected and who is erans with a comparable level of care. establish standards for a do- not-track doing the collection. For instance, While some States, like Alaska and mechanism and obligate online compa- should a third-party advertising net- Hawaii, rely on large military medical nies to accommodate that consumer work be subject to the same restric- facilities to compensate for gaps in VA preference. tions as the Washington Post website medical care, New Hampshire lacks the This bill is necessary because Ameri- that hosts the ad network? Should military medical facilities to com- cans’ privacy is increasingly under sur- Apple be allowed to collect information pensate for a lack of a full-service VA veillance as they conduct their affairs about a person’s iPhone, but an appli- hospital. Yet, New Hampshire has one online. Whether it is a mother at home cation be prohibited? Should compa- of the highest rates of veterans per on a computer researching the symp- nies differentiate between particularly capita in the country. New Hampshire toms of her sick child, a man exploring sensitive information—such as health veterans must travel out of State to how to change jobs or buy a home, or a or political activities—and more innoc- Maine, Massachusetts, or Vermont to teenager using her smartphone while uous information such as which sports access certain kinds of specialty care. riding the subway, online companies teams someone may like? Elderly veterans are often bused by are collecting vast amounts of infor- My Do-Not-Track bill avoids all of volunteers during the treacherous win- mation about all of this activity, often these messy policy considerations and ter months to an out of state service surreptitiously and with consumers provides consumers with the oppor- provider only to have their appoint- completely unaware. There are a vast tunity to take advantage of an easy

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.000 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6846 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 mechanism that says ‘‘no’’ to anyone To be clear, my bill is not a com- (1) necessary to provide a service requested and everyone collecting their informa- prehensive consumer privacy bill, nor by the individual, including with respect to tion. Period. is it meant to be. Do-not-track is just such service, basic functionality and effec- I think it is worth noting that the one aspect to consumer privacy albeit tiveness, so long as such information is FTC has recognized the utility of do- anonymized or deleted upon the provision of an important one. Other Members of such service; or not-track in its December 2010 report the Commerce Committee are actively (2) the individual— on consumer privacy. The report engaged in protecting consumer pri- (A) receives clear, conspicuous, and accu- states: ‘‘Such a mechanism would en- vacy interests. I want to commend rate notice on the collection and use of such sure that consumers would not have to Senator KERRY, who is a senior Mem- information; and exercise choices on a company-by-com- ber of the Commerce Committee, and (B) affirmatively consents to such collec- pany or industry-by-industry basis, and Senator MCCAIN for their efforts and tion and use. that such choices would be persistent. for introducing legislation designed to (c) FACTORS.—In promulgating standards It should also address some of the con- establish a broad privacy framework. I and rules under subsection (a), the Federal Trade Commission shall consider and take cerns with the existing browser mecha- also commend Senator PRYOR’s dedica- nisms, by being more clear, easy-to-lo- into account the following: tion to privacy protection and the vig- (1) The appropriate scope of such standards cate, and effective, and by conveying orous oversight of his Subcommittee. I and rules, including the conduct to which directly to websites the user’s choice expect consumer privacy to remain a such rules shall apply and the persons re- to opt out of tracking.’’ Indeed, the pri- focus of the Congress and the Members quired to comply with such rules. vate sector has similarly recognized of the Commerce Committee with more (2) The technical feasibility and costs of— the utility of do-not-track. Mozilla’s legislation being introduced in the (A) implementing mechanisms that would popular web browser, Firefox, and Ap- coming weeks and months. meet such standards; and ple’s web browser, Safari, already allow In the end, my Do-Not-Track bill is a (B) complying with such rules. consumers to affirmatively declare a (3) Mechanisms that— part of the ongoing discussion on con- (A) have been developed or used before the do-not-track preference to websites. sumer privacy in Congress. It is simple, date of the enactment of this Act; and The problem is that online companies yet powerful. It allows consumers, if (B) are for individuals to indicate simply have no legal obligation to honor this they choose—and I should emphasize and easily whether the individuals prefer to request. My bill fixes that. that many will not make such a have personal information collected by pro- Let me say a few words about what choice—to stop the constant, almost viders of online services, including by pro- this bill does not do. My bill would not mind-boggling sweep of online compa- viders of mobile applications and services. ‘‘break the Internet.’’ I am sure that nies that are collecting vast amounts (4) How mechanisms that meet such stand- ards should be publicized and offered to indi- we will hear such hyperbole in opposi- of consumer information. It prohibits tion to the bill. The truth is that my viduals. those lurking in the cyber-shadows (5) Whether and how information can be bill makes all of the necessary accom- from surreptitiously profiting off of the collected and used on an anonymous basis so modations for online companies to use personal, private information of ordi- that the information— information as is necessary to allow nary Americans. I look forward to (A) cannot be reasonably linked or identi- companies to provide the content and working with my colleagues on this fied with a person or device, both on its own services consumers have grown to ex- and other privacy legislative efforts in and in combination with other information; pect and enjoy. For instance, websites the Commerce Committee and on the and (B) does not qualify as personal informa- will still be able to use IP addresses to Senate floor. deliver content, and will be allowed to tion subject to the rules promulgated under There being no objection, the text of subsection (a)(2). collect data to perform internal ana- the bill was ordered to be printed in (6) The standards under which personal in- lytics and improve performance. Appli- the RECORD, as follows: formation may be collected and used, subject cations will still be able to use a S. 913 to the anonymization or deletion require- phone’s Unique Device Identifier—also ments of subsection (b)(1)— Be it enacted by the Senate and House of (A) to fulfill the basic functionality and ef- known as UDID—to perform their func- Representatives of the United States of America fectiveness of an online service, including a tions as they are supposed to. However, in Congress assembled, mobile application or service; when consumers state that they do not SECTION 1. SHORT TITLE. want to be tracked, online services will (B) to provide the content or services re- This Act may be cited as the ‘‘Do-Not- quested by individuals who have otherwise no longer be allowed to collect and use Track Online Act of 2011’’. expressed, via a mechanism that meets the this information for any extraneous SEC. 2. REGULATIONS RELATING TO ‘‘DO-NOT- standards promulgated under subsection purpose, and they will be obligated to TRACK’’ MECHANISMS. (a)(1), a preference not to have personal in- immediately destroy or anonymize the (a) IN GENERAL.—Not later than 1 year formation collected; and information once it is no longer needed after the date of the enactment of this Act, (C) for such other purposes as the Commis- to provide the service requested. Fur- the Federal Trade Commission shall promul- sion determines substantially facilitates the gate— functionality and effectiveness of the online thermore, my bill allows online compa- (1) regulations that establish standards for nies to collect and maintain consumer service, or mobile application or service, in a the implementation of a mechanism by manner that does not undermine an individ- information when it has been volun- which an individual can simply and easily in- ual’s preference, expressed via such mecha- tarily provided by the consumer. Con- dicate whether the individual prefers to have nism, not to collect such information. personal information collected by providers sumers also can allow companies they (d) RULEMAKING.—The Federal Trade Com- trust to collect and use their informa- of online services, including by providers of mission shall promulgate the standards and tion by providing specific consent that mobile applications and services; and rules required by subsection (a) in accord- overrides a general do-not-track pref- (2) rules that prohibit, except as provided ance with section 553 of title 5, United States in subsection (b), such providers from col- Code. erence. lecting personal information on individuals As such, my bill empowers consumers who have expressed, via a mechanism that SEC. 3. ENFORCEMENT OF ‘‘DO-NOT-TRACK’’ to stop online companies from col- meets the standards promulgated under MECHANISMS. lecting and using their information, paragraph (1), a preference not to have such (a) ENFORCEMENT BY FEDERAL TRADE COM- but also preserves the ability of those information collected. MISSION.— online companies to conduct their busi- (b) EXCEPTION.—The rules promulgated (1) UNFAIR OR DECEPTIVE ACTS OR PRAC- ness and deliver the content and serv- under paragraph (2) of subsection (a) shall TICES.—A violation of a rule promulgated ices that consumers expect. The bill allow for the collection and use of personal under section 2(a)(2) shall be treated as an provides the FTC with rulemaking au- information on an individual described in unfair and deceptive act or practice in viola- such paragraph, notwithstanding the ex- tion of a regulation under section 18(a)(1)(B) thority to use its expertise to protect pressed preference of the individual via a of the Federal Trade Commission Act (15 the privacy interests of consumers mechanism that meets the standards pro- U.S.C. 57a(a)(1)(B)) regarding unfair or decep- while addressing the legitimate needs mulgated under paragraph (1) of such sub- tive acts or practices. of industry. section, to the extent— (2) POWERS OF COMMISSION.—

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6847 (A) IN GENERAL.—Except as provided in shall include a copy of the complaint to be By Mr. BEGICH (for himself, Mr. subparagraph (C), the Federal Trade Com- filed to initiate the civil action. GRASSLEY, and Mr. TESTER): mission shall enforce this Act in the same (iii) EXCEPTION.—If it is not feasible for the S. 914. A bill to amend title 38, manner, by the same means, and with the attorney general of a State to provide the United States Code, to authorize the same jurisdiction, powers, and duties as notification required by clause (i) before ini- though all applicable terms and provisions of tiating a civil action under paragraph (1), waiver of the collection of copayments the Federal Trade Commission Act (15 U.S.C. the attorney general shall notify the Federal for telehealth and telemedicine visits 41 et seq.) were incorporated into and made Trade Commission immediately upon insti- of veterans, and for other purposes; to a part of this Act. tuting the civil action. the Committee on Veterans’ Affairs. (B) PRIVILEGES AND IMMUNITIES.—Except as (B) INTERVENTION BY FEDERAL TRADE COM- Mr. BEGICH. Mr. President, today I provided in subparagraph (C), any person MISSION.—The Federal Trade Commission rise to introduce legislation to amend who violates this Act shall be subject to the may— title 38, related to this Nation’s obliga- penalties and entitled to the privileges and (i) intervene in any civil action brought by the attorney general of a State under para- tion to provide benefits to our vet- immunities provided in the Federal Trade erans. Specifically, the bill I introduce Commission Act (15 U.S.C. 41 et seq.). graph (1); and (C) NONPROFIT ORGANIZATIONS.—The Fed- (ii) upon intervening— today with my distinguished col- eral Trade Commission shall enforce this Act (I) be heard on all matters arising in the leagues, Senator GRASSLEY of Iowa and with respect to an organization that is not civil action; and Senator TESTER of Montana, will waive organized to carry on business for its own (II) file petitions for appeal of a decision in collection of copayments for telehealth profit or that of its members as if such orga- the civil action. and telemedicine visits for Veterans. nization were a person over which the Com- (4) INVESTIGATORY POWERS.—Nothing in More than 42,000 veterans are receiv- mission has authority pursuant to section this subsection may be construed to prevent the attorney general of a State from exer- ing care in their homes, enrolled in the 5(a)(2) of the Federal Trade Commission Act Veterans Health Administration’s, (15 U.S.C. 45(a)(2)). cising the powers conferred on the attorney VHA, Telemedicine program as one (b) ENFORCEMENT BY STATES.— general by the laws of the State to conduct (1) IN GENERAL.—In any case in which the investigations, to administer oaths or affir- form of treatment. In Alaska, as of attorney general of a State has reason to be- mations, or to compel the attendance of wit- March 2010, there were 226 veterans re- lieve that an interest of the residents of the nesses or the production of documentary or ceiving this service. Just over a 100 of State has been or is threatened or adversely other evidence. those live in rural Alaska. affected by the engagement of any person (5) PREEMPTIVE ACTION BY FEDERAL TRADE Home Telehealth programs provide subject to a rule promulgated under section COMMISSION.—If the Federal Trade Commis- sion institutes a civil action or an adminis- needed care for the 2–3 percent of vet- 2(a)(2) in a practice that violates the rule, erans who account for 30 percent or the attorney general of the State may, as trative action with respect to a violation of parens patriae, bring a civil action on behalf a rule promulgated under section 2(a)(2), the more of agency resources. These men of the residents of the State in an appro- attorney general of a State may not, during and women are frequent clinic the pendency of such action, bring a civil ac- priate district court of the United States— attendees and often require urgent hos- tion under paragraph (1) against any defend- (A) to enjoin further violation of such rule pital admissions. VHA programs have ant named in the complaint of the Commis- by such person; demonstrated reduced hospital admis- sion for the violation with respect to which (B) to compel compliance with such rule; the Commission instituted such action. sions and clinic and emergency room (C) to obtain damages, restitution, or other (6) VENUE; SERVICE OF PROCESS.— visits, and contribute to an improved compensation on behalf of such residents; (A) VENUE.—Any action brought under quality of life for our veterans. (D) to obtain such other relief as the court paragraph (1) may be brought in— For no group of veterans is this serv- considers appropriate; or (i) the district court of the United States (E) to obtain civil penalties in the amount ice more important than for those who that meets applicable requirements relating determined under paragraph (2). live in rural and remote America. Tele- to venue under section 1391 of title 28, United medicine has become an increasingly (2) CIVIL PENALTIES.— States Code; or (A) CALCULATION.—Subject to subpara- (ii) another court of competent jurisdic- integral component in addressing the graph (B), for purposes of imposing a civil tion. needs of veterans residing in rural and penalty under paragraph (1)(E) with respect (B) SERVICE OF PROCESS.—In an action remote areas, and is critical to ensur- to a person that violates a rule promulgated brought under paragraph (1), process may be ing they have proper access to health under section 2(a)(2), the amount determined served in any district in which the defend- care, especially in rural areas. under this paragraph is the amount cal- ant— While the VHA is saving taxpayers culated by multiplying the number of days (i) is an inhabitant; or that the person is not in compliance with the money by usingtelemedicine, currently (ii) may be found. all telemedicine visits require veterans rule by an amount not greater than $16,000. (7) ACTIONS BY OTHER STATE OFFICIALS.— (B) MAXIMUM TOTAL LIABILITY.—The total (A) IN GENERAL.—In addition to civil ac- receiving these treatments to make co- amount of civil penalties that may be im- tions brought by attorneys general under payments. My legislation would imple- posed with respect to a person that violates paragraph (1), any other officer of a State ment a simple fix. It would waive the a rule promulgated under section 2(a)(2) who is authorized by the State to do so may required copayments—sometimes up to shall not exceed $15,000,000 for all civil ac- bring a civil action under paragraph (1), sub- $50 per visit—to lessen the burden on tions brought against such person under ject to the same requirements and limita- paragraph (1) for such violation. our veterans, who have sacrificed in tions that apply under this subsection to service to our great nation. I believe (C) ADJUSTMENT FOR INFLATION.—Beginning civil actions brought by attorneys general. on the date on which the Bureau of Labor (B) SAVINGS PROVISION.—Nothing in this that waiving these fees may encourage Statistics first publishes the Consumer Price subsection may be construed to prohibit an more veterans to take advantage of Index after the date that is 1 year after the authorized official of a State from initiating VHA’s telehealth programs, which can date of the enactment of this Act, and annu- or continuing any proceeding in a court of be a godsend for rural veterans with ally thereafter, the amounts specified in sub- the State for a violation of any civil or few other viable options. paragraphs (A) and (B) shall be increased by criminal law of the State. For rural veterans in Alaska, who the percentage increase in the Consumer SEC. 4. BIENNIAL REVIEW AND ASSESSMENT. have to travel by small float planes or Price Index published on that date from the Not later than 2 years after the effective boats or even snow machines to get to Consumer Price Index published the previous date of the regulations initially promulgated year. under section 2, the Federal Trade Commis- the nearest clinic for monitoring of (3) RIGHTS OF FEDERAL TRADE COMMISSION.— sion shall— their diabetes, high blood pressure, or (A) NOTICE TO FEDERAL TRADE COMMIS- (1) review the implementation of this Act; other chronic conditions, Congress can SION.— (2) assess the effectiveness of such regula- go a long way in repaying this Nation’s (i) IN GENERAL.—Except as provided in tions, including how such regulations define debt to our veterans by passing this clause (iii), the attorney general of a State or interpret the term ‘‘personal informa- legislation. shall notify the Federal Trade Commission tion’’ as such term is used in section 2; The VHA plans to expand Home Tele- in writing that the attorney general intends (3) assess the effect of such regulations on to bring a civil action under paragraph (1) online commerce; and health for weight management, sub- before initiating the civil action. (4) submit to Congress a report on the re- stance abuse, mild traumatic brain in- (ii) CONTENTS.—The notification required sults of the review and assessments required jury, dementia, and palliative care, as by clause (i) with respect to a civil action by this section. well as enabling veterans to use mobile

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6848 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 devices to access care. I would hate to (b) TABLE OF CONTENTS.—The table of con- (1) in subsection (a)— see these vital services go unused by tents of this Act is as follows: (A) by striking the first sentence of the veterans living in remote villages and Sec. 1. Short title; table of contents. matter preceding paragraph (1) and inserting communities because of the cost of co- Sec. 2. Definition of Secretary. the following: ‘‘The Secretary shall conduct TITLE I—OIL AND GAS LEASING a comprehensive inventory of oil and natural payments. But, this is not primarily gas (including executing or otherwise facili- about saving veterans money. This is Sec. 101. Extension of Oil and Gas Permit tating seismic studies of resources) and pre- about the federal government doing Processing Improvement Fund. pare a summary (the latter prepared with Sec. 102. Facilitation of coproduction of geo- what is good for our veterans. The the assistance of, and based on information thermal energy on oil and gas provided by, the heads of appropriate Federal monetary benefits for veterans are a leases. plus. agencies) of the information obtained under TITLE II—OUTER CONTINENTAL SHELF Basically, this legislation will amend paragraph (3), for the waters of the United title 38 to authorize the waiver of the Sec. 201. Comprehensive inventory of outer States Outer Continental Shelf (referred to Continental Shelf resources. in this section as the ‘OCS’) in the Atlantic collection of copayments for telehealth Sec. 202. Alaska OCS permit processing co- Region, the Eastern Gulf of Mexico, and the and telemedicine visits of veterans by ordination office. Alaska Region.’’; giving the Secretary the authority to Sec. 203. Phase-out of mandatory Outer Con- (B) in paragraph (2)— do so. tinental Shelf deep water and (i) by striking ‘‘3-D’’ and inserting ‘‘2-D In closing, I must say it is an honor deep gas royalty relief for fu- and 3-D’’; and for me to serve as a member of the Sen- ture leases. (ii) by adding ‘‘and’’ at the end; and ate Veterans’ Affairs Committee. I feel TITLE III—MISCELLANEOUS (C) by striking paragraphs (3) through (5) very privileged to be involved with pol- Sec. 301. Facilitation of Alaska natural gas and inserting in the following: pipeline. ‘‘(3) use existing inventories and mapping icy formation that helps our veterans. of marine resources undertaken by the Na- I appreciate my distinguished col- Sec. 302. Exemption of trans-Alaska oil pipe- line system from certain re- tional Oceanographic and Atmospheric Ad- leagues on the committee. quirements. ministration and with the assistance of and This is a bipartisan bill to address an Sec. 303. Permits for natural gas pipeline in based on information provided by the De- issue with no partisan connection. I Denali National Park and Pre- partment of Defense and other Federal and strongly encourage my colleagues to serve. State agencies possessing relevant data, and join Senators GRASSLEY, TESTER, and SEC. 2. DEFINITION OF SECRETARY. use any available data regarding alternative me in cosponsoring this legislation, In this Act, the term ‘‘Secretary’’ means energy potential, navigation uses, fisheries, the Secretary of the Interior. aquaculture uses, recreational uses, habitat, and I urge expeditious consideration of conservation, and military uses.’’; and the legislation to address a growing TITLE I—OIL AND GAS LEASING (2) by striking subsection (b) and inserting need for our rural veterans. SEC. 101. EXTENSION OF OIL AND GAS PERMIT the following: PROCESSING IMPROVEMENT FUND. ‘‘(b) IMPLEMENTATION.—The Secretary shall By Mr. BINGAMAN: Section 35(c) of the Mineral Leasing Act (30 carry out the inventory and analysis under S. 916. A bill to facilitate appropriate U.S.C. 191(c)) is amended by adding at the subsection (a) in 3 phases, with priority oil and gas development on Federal end the following: given to all or part of applicable planning land and waters, to limit dependence of ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— areas of the outer Continental Shelf— There is authorized to be appropriated from ‘‘(1) estimated to have the greatest poten- the United States on foreign sources of the Fund, or to the extent adequate funds in oil and gas, and for other purposes; to tial for energy development in barrel of oil the Fund are not available from miscella- equivalent; and the Committee on Energy and Natural neous receipts of the Treasury, for the co- ‘‘(2) outside of any leased area or area Resources. ordination and processing of oil and gas use scheduled for leasing prior to calendar year Mr. BINGAMAN. Mr. President, authorizations and for oil and gas inspection 2011 under any outer Continental Shelf 5- today I am introducing the Oil and Gas and enforcement on onshore Federal land year leasing program or amendment to the Facilitation Act of 2011. This is a bill under the jurisdiction of the Pilot Project of- program under section 18 of the Outer Conti- to facilitate appropriate oil and gas de- fices described in section 365(d) of the Energy nental Shelf Lands Act (43 U.S.C. 1344). Policy Act of 2005 (42 U.S.C. 15924(d)) ‘‘(c) PLAN.— velopment on Federal land and waters, $20,000,000 for each of fiscal years 2016 and to limit the dependence of the ‘‘(1) IN GENERAL.—Not later than 90 days through 2020, to remain available until ex- after the date of enactment of this para- United States on foreign sources of en- pended.’’. graph, the Secretary shall submit to the ergy. SEC. 102. FACILITATION OF COPRODUCTION OF Committee on Energy and Natural Resources For example, its provisions will in- GEOTHERMAL ENERGY ON OIL AND of the Senate and the Committee on Natural crease our understanding of our oil and GAS LEASES. Resources of the House of Representatives a gas resources, coordinate interagency Section 4(b) of the Geothermal Steam Act report that provides a plan for executing or activity on permitting for oil and gas of 1970 (30 U.S.C. 1003(b)) is amended by add- otherwise facilitating the seismic studies re- ing at the end the following: quired under this section, including an esti- development, and facilitate transpor- ‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.— tation of Alaskan oil and natural gas. mate of the costs to complete the seismic in- Land under an oil and gas lease issued pursu- ventory by region and environmental and Its provisions are drawn from a bill ant to the Mineral Leasing Act (30 U.S.C. 181 permitting activities to facilitate expedi- reported out of the Committee on En- et seq.) or the Mineral Leasing Act for Ac- tious completion. ergy and Natural Resources on a bipar- quired Lands (30 U.S.C. 351 et seq.) that is ‘‘(2) FIRST PHASE.—Not later than 2 years tisan basis in the last Congress. I look subject to an approved application for per- after the date of enactment of this para- forward to working with my colleagues mit to drill and from which oil and gas pro- graph, the Secretary shall submit to Con- on both sides of the aisle as we move duction is occurring may be available for gress a report describing the results of the leasing under subsection (c) by the holder of first phase of the inventory and analysis forward on these issues in this Con- the oil and gas lease— gress. under subsection (a). ‘‘(A) on a determination that— ‘‘(3) SUBSEQUENT PHASES.—Not later than 2 Mr. President, I ask unanimous con- ‘‘(i) geothermal energy will be produced years after the date on which the report is sent that the text of this bill be printed from a well producing or capable of pro- submitted under paragraph (2) and 2 years in the RECORD. ducing oil and gas; and thereafter, the Secretary shall submit to There being no objection, the text of ‘‘(ii) the public interest will be served by Congress a report describing the results of the bill was ordered to be printed in the issuance of such a lease; and the second and third phases, respectively, of ‘‘(B) in order to provide for the coproduc- the RECORD, as follows: the inventory and analysis under subsection tion of geothermal energy with oil and gas.’’. (a). S. 916 TITLE II—OUTER CONTINENTAL SHELF ‘‘(4) PUBLIC AVAILABILITY.—A report sub- Be it enacted by the Senate and House of Rep- SEC. 201. COMPREHENSIVE INVENTORY OF mitted under paragraph (2) or (3) shall be— resentatives of the United States of America in OUTER CONTINENTAL SHELF RE- ‘‘(A) made publicly available; and Congress assembled, SOURCES. ‘‘(B) updated not less frequently than once SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) IN GENERAL.—Section 357 of the Energy every 5 years.’’. (a) SHORT TITLE.—This Act may be cited as Policy Act of 2005 (42 U.S.C. 15912) is amend- (b) RELATIONSHIP TO 5-YEAR PROGRAM.— the ‘‘Oil and Gas Facilitation Act of 2011’’. ed— The requirement that the Secretary carry

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6849 out the inventory required by the amend- (2) the Chief of Engineers; ‘‘SEC. 208. EXEMPTION OF TRANS-ALASKA OIL ment made by subsection (a) shall not be (3) the Administrator of the Environ- PIPELINE SYSTEM FROM CERTAIN considered to require, authorize, or provide a mental Protection Agency; REQUIREMENTS. basis or justification for delay by the Sec- (4) any other Federal agency having a role ‘‘(a) IN GENERAL.—Except as provided in retary or any other agency of the issuance of in permitting activities; and subsection (b), no part of the trans-Alaska any outer Continental Shelf leasing program (5) the State of Alaska. oil pipeline system shall be considered to be or amendment to the program under section (e) SAVINGS PROVISION.—Nothing in this a district, site, building, structure, or object 18 of the Outer Continental Shelf Lands Act section affects— for purposes of section 106 of the National (43 U.S.C. 1344), or any lease sale pursuant to (1) the operation of any Federal or State Historic Preservation Act (16 U.S.C. 470f), re- that section. law; or gardless of whether all or part of the trans- Alaska oil pipeline system may otherwise be (c) PERMITS.—Nothing in this section or an (2) any delegation of authority made by amendment made by this section— the head of a Federal agency for employees listed on, or eligible for listing on, the Na- (1) precludes the issuance by the Secretary that are assigned to the coordination office. tional Register of Historic Places. ‘‘(b) INDIVIDUAL ELEMENTS.— of a permit to conduct geological and geo- (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—Subject to subsection (c), physical exploration of the outer Conti- There is authorized to be appropriated to the Secretary of the Interior may identify up nental Shelf in accordance with the Outer carry out this section $2,000,000 for each of to 3 sections of the trans-Alaska oil pipeline Continental Shelf Lands Act (43 U.S.C. 1331 fiscal years 2012 through 2022, to remain system that possess national or exceptional et seq.) and other applicable law; or available until expended. historic significance, and that should remain (2) otherwise alters the requirements of ap- SEC. 203. PHASE-OUT OF MANDATORY OUTER after the pipeline is no longer used for the plicable law with respect to the issuance of CONTINENTAL SHELF DEEP WATER AND DEEP GAS ROYALTY RELIEF purpose of oil transportation. such a permit or any other activities under- FOR FUTURE LEASES. ‘‘(2) HISTORIC SITE.—Any sections identified taken by the Secretary in connection with (a) IN GENERAL.—Sections 344 and 345 of under paragraph (1) shall be considered to be the inventory. the Energy Policy Act of 2005 (42 U.S.C. 15904, a historic site. (d) AUTHORIZATION OF APPROPRIATIONS.— 15905) are repealed. ‘‘(3) VIEWS.—In making the identification There are authorized to be appropriated to (b) ADMINISTRATION.—The Secretary shall under this subsection, the Secretary shall carry out this section, to be available until not be required to provide for royalty relief consider the views of— expended without fiscal year limitation— in the lease sale terms beginning with the ‘‘(A) the owners of the pipeline; (1) $100,000,000 for each of fiscal years 2012 first lease sale held on or after the date of ‘‘(B) the State Historic Preservation Offi- through 2017; and enactment of this Act for which a final no- cer; (2) $50,000,000 for each of fiscal years 2018 tice of sale has not been published. ‘‘(C) the Advisory Council on Historic Pres- through 2022. TITLE III—MISCELLANEOUS ervation; and SEC. 202. ALASKA OCS PERMIT PROCESSING CO- SEC. 301. FACILITATION OF ALASKA NATURAL ‘‘(D) the Federal Coordinator for Alaska ORDINATION OFFICE. GAS PIPELINE. Natural Gas Transportation Projects. STABLISHMENT (a) E .—The Secretary shall Section 116 of the Alaska Natural Gas ‘‘(c) CONSTRUCTION, MAINTENANCE, RES- establish a regional joint outer Continental Pipeline Act (15 U.S.C. 720n) is amended— TORATION, AND REHABILITATION ACTIVITIES.— Shelf lease and permit processing office for (1) in subsection (a)(3)— Subsection (b) does not prohibit the owners the Alaska outer Continental Shelf region. (A) in the first sentence, by inserting be- of the trans-Alaska oil pipeline system from (b) MEMORANDUM OF UNDERSTANDING.— fore the period at the end the following: ‘‘, carrying out construction, maintenance, res- (1) IN GENERAL.—Not later than 90 days except that a holder of a certificate may re- toration, or rehabilitation activities on or after the date of enactment of this Act, the quest the Secretary to extend the period to for a section of the system described in sub- Secretary shall enter into a memorandum of issue Federal guarantee instruments for not section (b).’’. understanding for the purposes of carrying more than 180 days following the date of res- SEC. 303. PERMITS FOR NATURAL GAS PIPELINE out this section with— olution of any reopening, contest, or other IN DENALI NATIONAL PARK AND (A) the Secretary of Commerce; proceeding relating to the certificate’’; and PRESERVE. (B) the Chief of Engineers; (B) in the second sentence, by inserting be- (a) DEFINITIONS.—In this section: (C) the Administrator of the Environ- fore the period at the end the following: ‘‘, or (1) APPURTENANCE.— mental Protection Agency; and connecting to pipeline infrastructure capable (A) IN GENERAL.—The term ‘‘appurtenance’’ (D) any other Federal agency that may of delivering commercially economic quan- includes cathodic protection or test stations, have a role in permitting activities. tities of natural gas to the continental valves, signage, and buried communication (2) STATE PARTICIPATION.—The Secretary United States’’; and electric cables relating to the operation shall request that the Governor of Alaska be (2) in subsection (b)— of high-pressure natural gas transmission. a signatory to the memorandum of under- (A) by striking paragraph (2); (B) EXCLUSIONS.—The term ‘‘appur- standing. (B) by redesignating paragraphs (3) and (4) tenance’’ does not include compressor sta- (c) DESIGNATION OF QUALIFIED STAFF.— as paragraphs (2) and (3), respectively; and tions. (1) IN GENERAL.—Not later than 30 days (C) in paragraph (2) (as so redesignated), by (2) PARK.—The term ‘‘Park’’ means the after the date of the signing of the memo- striking ‘‘and completion guarantees’’; Denali National Park and Preserve in the randum of understanding under subsection (3) in subsection (c)(2), by striking State of Alaska. (b), each Federal signatory party shall, if ap- ‘‘$18,000,000,000’’ and inserting (b) PERMIT.—The Secretary may issue propriate, assign to the office described in ‘‘$30,000,000,000’’; right-of-way permits for— subsection (a) an employee who has expertise (4) in subsection (d)— (1) a high-pressure natural gas trans- in the regulatory issues administered by the (A) in the first sentence of paragraph (1), mission pipeline (including appurtenances) office in which the employee is employed re- by inserting before the period at the end the in non-wilderness areas within the boundary lating to leasing and the permitting of oil following: ‘‘, except that an issued loan guar- of Denali National Park within, along, or and gas activities on the outer Continental antee instrument shall apply to not less than near the approximately 7-mile segment of Shelf. 80 percent of project costs unless by previous the George Parks Highway that runs through (2) DUTIES.—An employee assigned under consent of the borrower’’; and the Park; and paragraph (1) shall— (B) in paragraph (2), by striking ‘‘An eligi- (2) any distribution and transmission pipe- (A) not later than 90 days after the date of ble’’ and inserting ‘‘A’’; and lines and appurtenances that the Secretary assignment, report to the office described in (5) in subsection (g)— determines to be necessary to provide nat- subsection (a); (A) by striking paragraph (2); ural gas supply to the Park. (B) be responsible for all issues relating to (B) by redesignating paragraphs (3) and (4) (c) TERMS AND CONDITIONS.—A permit au- the jurisdiction of the home office or agency as paragraphs (2) and (3), respectively; and thorized under subsection (b)— of the employee; and (C) in paragraph (2) (as so redesignated), by (1) may be issued only— (C) participate as part of the applicable inserting before the period at the end the fol- (A) if the permit is consistent with the team of personnel working on proposed oil lowing: ‘‘under subsection (a)(3), including laws (including regulations) generally appli- and gas leasing and permitting, including direct lending from the Federal Financing cable to utility rights-of-way within units of planning and environmental analyses. Bank of all or a part of the amount to the the National Park System; (d) TRANSFER OF FUNDS.—For the purposes holder, in lieu of a guarantee’’. (B) in accordance with section 1106(a) of of coordination and processing of oil and gas SEC. 302. EXEMPTION OF TRANS-ALASKA OIL the Alaska National Interest Lands Con- use authorizations for the Alaska outer Con- PIPELINE SYSTEM FROM CERTAIN servation Act (16 U.S.C. 3166(a)); and tinental Shelf region, the Secretary may au- REQUIREMENTS. (C) if, following an appropriate analysis thorize the expenditure or transfer of such The Trans-Alaska Pipeline Authorization prepared in compliance with the National funds as are necessary to— Act (43 U.S.C. 1651 et seq.) is amended by Environmental Policy Act of 1969 (42 U.S.C. (1) the Secretary of Commerce; adding at the end the following: 4321 et seq.), the route of the right-of-way is

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6850 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 the route through the Park with the least Sec. 7. Study on the effect of the moratoria (6) in paragraph (7) (as so redesignated)— adverse environmental effects for the Park; on new deepwater drilling in (A) by striking ‘‘should be’’ and inserting and the Gulf of Mexico on employ- ‘‘shall be’’; and (2) shall be subject to such terms and con- ment and small businesses. (B) by adding ‘‘best available’’ after ditions as the Secretary determines to be Sec. 8. Reform of other law. ‘‘using’’. necessary. Sec. 9. Safer oil and gas production. SEC. 5. STRUCTURAL REFORM OF OUTER CONTI- Sec. 10. National Commission on Outer Con- NENTAL SHELF PROGRAM MANAGE- By Mr. BINGAMAN: tinental Shelf Oil Spill Preven- MENT. S. 917. A bill to amend the Outer Con- tion. (a) IN GENERAL.—The Outer Continental tinental Shelf Lands Act to reform the Sec. 11. Classification of offshore systems. Shelf Lands Act (43 U.S.C. 1331 et seq.) is Sec. 12. Savings provisions. amended by adding to the end the following: management of energy and mineral re- Sec. 13. Budgetary effects. sources on the Outer Continental Shelf, ‘‘SEC. 32. STRUCTURAL REFORM OF OUTER CON- SEC. 2. PURPOSES. TINENTAL SHELF PROGRAM MAN- and for other purposes; to the Com- The purposes of this Act are— AGEMENT. mittee on Energy and Natural Re- (1) to rationalize and reform the respon- ‘‘(a) LEASING, PERMITTING, AND REGULATION sources. sibilities of the Secretary of the Interior BUREAUS.— Mr. BINGAMAN. Mr. President, with respect to the management of the outer ‘‘(1) ESTABLISHMENT OF BUREAUS.— today I am introducing the Outer Con- Continental Shelf in order to improve the ‘‘(A) IN GENERAL.—Subject to the discre- tinental Shelf Reform Act of 2011. This management, oversight, accountability, tion granted by Reorganization Plan Number safety, and environmental protection of all 3 of 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), is a bill intended to reform the man- the resources on the outer Continental Shelf; agement of energy resources on the the Secretary shall establish in the Depart- (2) to provide independent development ment of the Interior not more than 2 bureaus Outer Continental Shelf, and to create and enforcement of safety and environ- to carry out the leasing, permitting, and a culture of excellence for the industry mental laws (including regulations) gov- safety and environmental regulatory func- and the regulatory agency going for- erning— tions vested in the Secretary by this Act and ward. (A) energy development and mineral ex- the Federal Oil and Gas Royalty Manage- Following the tragic Deepwater Hori- traction activities on the outer Continental ment Act of 1982 (30 U.S.C. 1701 et seq.) re- zon oil rig accident last year, we have Shelf; and lated to the outer Continental Shelf. (B) related offshore activities; and ‘‘(B) CONFLICTS OF INTEREST.—In estab- learned a lot about changes that need (3) to ensure a fair return to the taxpayer to be made by the industry and the reg- lishing the bureaus under subparagraph (A), from, and independent management of, roy- the Secretary shall ensure, to the maximum ulatory agency to ensure that acci- alty and revenue collection and disburse- extent practicable, that any potential orga- dents like this never happen again. In ment activities from mineral and energy re- nizational conflicts of interest related to addition, we should do more, and cre- sources. leasing, revenue creation, environmental ate a system for the management of SEC. 3. DEFINITIONS. protection, and safety are eliminated. offshore energy development that is a In this Act: ‘‘(2) DIRECTOR.—Each bureau shall be head- model for the world. (1) DEPARTMENT.—The term ‘‘Department’’ ed by a Director, who shall be appointed by This bill is intended to put in place means the Department of the Interior. the President, by and with the advice and the changes that can achieve these (2) OUTER CONTINENTAL SHELF.—The term consent of the Senate. ‘‘outer Continental Shelf’’ has the meaning ‘‘(3) COMPENSATION.—Each Director shall goals. It is identical to a bill reported given the term in section 2 of the Outer Con- be compensated at the rate provided for level unanimously by the Committee on En- tinental Shelf Lands Act (43 U.S.C. 1331). V of the Executive Schedule under section ergy and Natural Resources in the last (3) SECRETARY.—The term ‘‘Secretary’’ 5316 of title 5, United States Code. Congress. In the intervening time since means the Secretary of the Interior. ‘‘(4) QUALIFICATIONS.—Each Director shall the committee’s action, there have SEC. 4. NATIONAL POLICY FOR THE OUTER CON- be a person who, by reason of professional been developments and new informa- TINENTAL SHELF. background and demonstrated ability and tion that may indicate the need to up- Section 3 of the Outer Continental Shelf experience, is specially qualified to carry out date or change some parts of the bill. Lands Act (43 U.S.C. 1332) is amended— the duties of the office. (1) by striking paragraph (3) and inserting ‘‘(b) ROYALTY AND REVENUE OFFICE.— But, as we begin to work on this issue the following: ‘‘(1) ESTABLISHMENT OF OFFICE.—Subject to again in the committee, I believe that ‘‘(3) the outer Continental Shelf is a vital the discretion granted by Reorganization it is sensible to start with last year’s national resource reserve held by the Federal Plan Number 3 of 1950 (64 Stat. 1262; 43 U.S.C. bill. I look forward to working with my Government for the public, which should be 1451 note), the Secretary shall establish in colleagues on both sides of the aisle to managed in a manner that— the Department of the Interior an office to address these important issues. ‘‘(A) recognizes the need of the United carry out the royalty and revenue manage- Mr. President, I ask unanimous con- States for domestic sources of energy, food, ment functions vested in the Secretary by sent that the text of this bill be printed minerals, and other resources; this Act and the Federal Oil and Gas Royalty ‘‘(B) minimizes the potential impacts of Management Act of 1982 (30 U.S.C. 1701 et in the RECORD. development of those resources on the ma- seq.). There being no objection, the text of rine and coastal environment and on human ‘‘(2) DIRECTOR.—The office established the bill was ordered to be printed in health and safety; and under paragraph (1) shall be headed by a Di- the RECORD, as follows: ‘‘(C) acknowledges the long-term economic rector, who shall be appointed by the Presi- S. 917 value to the United States of the balanced dent, by and with the advice and consent of and orderly management of those resources the Senate. Be it enacted by the Senate and House of Rep- that safeguards the environment and re- ‘‘(3) COMPENSATION.—The Director shall be resentatives of the United States of America in spects the multiple values and uses of the compensated at the rate provided for level V Congress assembled, outer Continental Shelf;’’; of the Executive Schedule under section 5316 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) in paragraph (4)(C), by striking the pe- of title 5, United States Code. (a) SHORT TITLE.—This Act may be cited as riod at the end and inserting a semicolon; ‘‘(4) QUALIFICATIONS.—The Director shall the ‘‘Outer Continental Shelf Reform Act of (3) in paragraph (5), by striking ‘‘; and’’ and be a person who, by reason of professional 2011’’. inserting a semicolon; background and demonstrated ability and (b) TABLE OF CONTENTS.—The table of con- (4) by redesignating paragraph (6) as para- experience, is specially qualified to carry out tents for this Act is as follows: graph (7); the duties of the office. Sec. 1. Short title; table of contents. (5) by inserting after paragraph (5) the fol- ‘‘(c) OCS SAFETY AND ENVIRONMENTAL AD- Sec. 2. Purposes. lowing: VISORY BOARD.— Sec. 3. Definitions. ‘‘(6) exploration, development, and produc- ‘‘(1) ESTABLISHMENT.—The Secretary shall Sec. 4. National policy for the outer Conti- tion of energy and minerals on the outer establish, under the Federal Advisory Com- nental Shelf. Continental Shelf should be allowed only mittee Act (5 U.S.C. App.), an Outer Conti- Sec. 5. Structural reform of outer Conti- when those activities can be accomplished in nental Shelf Safety and Environmental Ad- nental Shelf program manage- a manner that provides reasonable assurance visory Board (referred to in this subsection ment. of adequate protection against harm to life, as the ‘Board’), to provide the Secretary and Sec. 6. Safety, environmental, and financial health, the environment, property, or other the Directors of the bureaus established reform of the Outer Continental users of the waters, seabed, or subsoil; and’’; under this section with independent peer-re- Shelf Lands Act. and viewed scientific and technical advice on

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

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

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

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

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6855 direct and substantial interest which was ac- solicit or accept any gift in violation of sub- (1) in subsection (a)— tually pending under his official responsi- part B of part 2635 of title V, Code of Federal (A) by striking ‘‘ultra-deepwater’’ and in- bility as an officer or employee within a pe- Regulations (or successor regulations). serting ‘‘deepwater’’; and riod of one year prior to the termination of ‘‘(d) EXEMPTIONS.—The Secretary may, by (B) by inserting ‘‘well control and accident such responsibility or in which he partici- rule, exempt from this section clerical and prevention,’’ after ‘‘safe operations,’’; pated personally and substantially as an offi- support personnel who do not conduct in- (2) in subsection (b)— cer or employee; spections, perform audits, or otherwise exer- (A) by striking paragraph (1) and inserting ‘‘(2) within 1 year after his employment cise regulatory or policy making authority the following: with the Department has ceased— under this Act. ‘‘(1) Deepwater architecture, well control ‘‘(A) knowingly act as agent or attorney ‘‘(e) PENALTIES.— and accident prevention, and deepwater tech- for, or otherwise represent, any other person ‘‘(1) CRIMINAL PENALTIES.—Any person who nology, including drilling to deep formations (except the United States) in any formal or violates paragraph (1) or (2) of subsection (a) in waters greater than 500 feet.’’; and informal appearance before; or subsection (b) shall be punished in accord- (B) by striking paragraph (4) and inserting ‘‘(B) with the intent to influence, make ance with section 216 of title 18, United the following: any oral or written communication on behalf States Code. ‘‘(4) Safety technology research and devel- of any other person (except the United ‘‘(2) CIVIL PENALTIES.—Any person who vio- opment for drilling activities aimed at well States) to; or lates subsection (a)(3) or (c) shall be pun- control and accident prevention performed ‘‘(C) knowingly aid , advise, or assist in — ished in accordance with subsection (b) of by the Office of Fossil Energy of the Depart- ‘‘(i) representing any other person (except section 216 of title 18, United States Code.’’. ment.’’; and the United States in any formal or informal SEC. 7. STUDY ON THE EFFECT OF THE MORA- (3) in subsection (d)— appearance before, or TORIA ON NEW DEEPWATER DRILL- (A) in the subsection heading, by striking ‘‘(ii) making, with the intent to influence, ING IN THE GULF OF MEXICO ON EM- ‘‘NATIONAL ENERGY TECHNOLOGY LABORA- PLOYMENT AND SMALL BUSINESSES. any oral or written communication on behalf TORY’’ and inserting ‘‘OFFICE OF FOSSIL EN- of any other person (except the United (a) IN GENERAL.—The Secretary of Energy, ERGY OF THE DEPARTMENT’’; and States) to, acting through the Energy Information Ad- (B) by striking ‘‘National Energy Tech- the Department of the Interior, or any offi- ministration, shall publish a monthly study nology Laboratory’’ and inserting ‘‘Office of cer or employee thereof, in connection with evaluating the effect of the moratoria result- Fossil Energy of the Department’’. any judicial, rulemaking, regulation, order, ing from the blowout and explosion of the (b) DEEPWATER AND UNCONVENTIONAL ON- lease, permit, regulation, inspection, en- mobile offshore drilling unit Deepwater Hori- SHORE NATURAL GAS AND OTHER PETROLEUM forcement action, or other particular matter zon that occurred on April 20, 2010, and re- RESEARCH AND DEVELOPMENT PROGRAM.— which is pending before the Department of sulting hydrocarbon releases into the envi- Section 999B of the Energy Policy Act of 2005 the Interior or in which the Department has ronment, on employment and small busi- (42 U.S.C. 16372) is amended— a direct and substantial interest; or nesses. (1) in the section heading, by striking ‘‘(3) accept employment or compensation, (b) REPORT.—Not later than 60 days after ‘‘ULTRA-DEEPWATER AND UNCONVEN- during the 1-year period beginning on the the date of enactment of this Act and at the TIONAL ONSHORE NATURAL GAS AND date on which employment with the Depart- beginning of each month thereafter during OTHER PETROLEUM’’ and inserting ‘‘SAFE ment has ceased, from any person (other the effective period of the moratoria de- OIL AND GAS PRODUCTION AND ACCI- than the United States) that has a direct and scribed in subsection (a), the Secretary of DENT PREVENTION’’; substantial interest— Energy, acting through the Energy Informa- (2) in subsection (a), by striking ‘‘, by in- ‘‘(A) that was pending under the official re- tion Administration, shall submit to the creasing’’ and all that follows through the sponsibility of the employee as an officer or Committee on Energy and Natural Resources period at the end and inserting ‘‘and the safe employee of the Department during the 1- of the Senate and the Committee on Energy and environmentally responsible explo- year period preceding the termination of the and Commerce of the House of Representa- ration, development, and production of hy- responsibility; or tives a report regarding the results of the drocarbon resources.’’; ‘‘(B) in which the employee participated study conducted under subsection (a), includ- (3) in subsection (c)(1)— personally and substantially as an officer or ing— (A) by redesignating subparagraphs (D) and employee. (1) a survey of the effect of the moratoria (E) as subparagraphs (E) and (F), respec- ‘‘(b) PRIOR EMPLOYMENT RELATIONSHIPS.— on deepwater drilling on employment in the tively; and No full-time officer or employee of the De- industries directly involved in oil and nat- (B) by inserting after subparagraph (C) the partment of the Interior who directly or in- ural gas exploration in the outer Continental following: directly discharges duties or responsibilities Shelf; ‘‘(D) projects will be selected on a competi- under this Act shall participate personally (2) a survey of the effect of the moratoria tive, peer-reviewed basis.’’; and and substantially as a Federal officer or em- on employment in the industries indirectly (4) in subsection (d)— ployee, through decision, approval, dis- involved in oil and natural gas exploration in (A) in paragraph (6), by striking ‘‘ultra- approval, recommendation, the rendering of the outer Continental Shelf, including sup- deepwater’’ and inserting ‘‘deepwater’’; advice, investigation, or otherwise, in a pro- pliers of supplies or services and customers (B) in paragraph (7)— ceeding, application, request for a ruling or of industries directly involved in oil and nat- (i) in subparagraph (A)— other determination, contract, claim, con- ural gas exploration; (I) in the subparagraph heading, by strik- troversy, charge, accusation, inspection, en- (3) an estimate of the effect of the mora- ing ‘‘ULTRA-DEEPWATER’’ and inserting forcement action, or other particular matter toria on the revenues of small business lo- ‘‘DEEPWATER’’; in which, to the knowledge of the officer or cated near the Gulf of Mexico and, to the (II) by striking ‘‘development and’’ and in- employee— maximum extent practicable, throughout serting ‘‘research, development, and’’; and ‘‘(1) the officer or employee or the spouse, the United States; and (III) by striking ‘‘as well as’’ and all that minor child, or general partner of the officer (4) any recommendations to mitigate pos- follows through the period at the end and in- or employee has a financial interest; sible negative effects on small business con- serting ‘‘aimed at improving operational ‘‘(2) any organization in which the officer cerns resulting from the moratoria. safety of drilling activities, including well or employee is serving as an officer, director, SEC. 8. REFORM OF OTHER LAW. integrity systems, well control, blowout pre- trustee, general partner, or employee has a Section 388(b) of the Energy Policy Act of vention, the use of non-toxic materials, and financial interest; 2005 (43 U.S.C. 1337 note; Public Law 109–58) is integrated systems approach-based manage- ‘‘(3) any person or organization with whom amended by adding at the end the following: ment for exploration and production in deep- the officer or employee is negotiating or has ‘‘(4) FEDERAL AGENCIES.—Any head of a water.’’; any arrangement concerning prospective em- Federal department or agency shall, on re- (ii) in subparagraph (B), by striking ‘‘and ployment has a financial interest; or quest of the Secretary, provide to the Sec- environmental mitigation’’ and inserting ‘‘(4) any person or organization in which retary all data and information that the Sec- ‘‘use of non-toxic materials, drilling safety, the officer or employee has, within the pre- retary determines to be necessary for the and environmental mitigation and accident ceding 1-year period, served as an officer, di- purpose of including the data and informa- prevention’’; rector, trustee, general partner, agent, attor- tion in the mapping initiative, except that (iii) in subparagraph (C), by inserting ney, consultant, contractor, or employee has no Federal department or agency shall be re- ‘‘safety and accident prevention, well control a financial interest. quired to provide any data or information and systems integrity,’’ after ‘‘including’’; ‘‘(c) GIFTS FROM OUTSIDE SOURCES.—No that is privileged or proprietary.’’. and full-time officer or employee of the Depart- SEC. 9. SAFER OIL AND GAS PRODUCTION. (iv) by adding at the end the following: ment of the Interior who directly or indi- (a) PROGRAM AUTHORITY.—Section 999A of ‘‘(D) SAFETY AND ACCIDENT PREVENTION rectly discharges duties or responsibilities the Energy Policy Act of 2005 (42 U.S.C. TECHNOLOGY RESEARCH AND DEVELOPMENT.— under this Act shall, directly or indirectly, 16371) is amended— Awards from allocations under section

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6856 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 999H(d)(4) shall be expended on areas includ- ‘‘SEC. 999D. PROGRAM ADVISORY COMMITTEE. cally inaccessible geological formation, in- ing— ‘‘(a) ESTABLISHMENT.—Not later than 270 cluding resources of small producers’’. ‘‘(i) development of improved cementing days after the date of enactment of the Safe (f) FUNDING.—Section 999H of the Energy and casing technologies; and Responsible Energy Production Improve- Policy Act of 2005 (42 U.S.C. 16378) is amend- ‘‘(ii) best management practices for ce- ment Act of 2010, the Secretary shall estab- ed— menting, casing, and other well control ac- lish an advisory committee to be known as (1) in the first sentence of subsection (a) by tivities and technologies; the ‘Program Advisory Committee’ (referred striking ‘‘Ultra-Deepwater and Unconven- ‘‘(iii) development of integrity and stew- to in this section as the ‘Advisory Com- tional Natural Gas and Other Petroleum Re- ardship guidelines for— mittee’). search Fund’’ and inserting ‘‘Safe and Re- ‘‘(I) well-plugging and abandonment; ‘‘(b) MEMBERSHIP.— sponsible Energy Production Research ‘‘(II) development of wellbore sealant tech- ‘‘(1) IN GENERAL.—The Advisory Committee Fund’’; nologies; and shall be composed of members appointed by (2) in subsection (d)— ‘‘(III) improvement and standardization of the Secretary, including— (A) in paragraph (1), by striking ‘‘35 per- blowout prevention devices.’’; and ‘‘(A) individuals with extensive research cent’’ and inserting ‘‘21.5 percent’’; (C) by adding at the end the following: experience or operational knowledge of hy- (B) in paragraph (2), by striking ‘‘32.5 per- ‘‘(8) STUDY; REPORT.— drocarbon exploration and production; cent’’ and inserting ‘‘21 percent’’; ‘‘(A) STUDY.—As soon as practicable after ‘‘(B) individuals broadly representative of (C) in paragraph (4)— the date of enactment of this paragraph, the the affected interests in hydrocarbon produc- (i) by striking ‘‘25 percent’’ and inserting Secretary shall enter into an arrangement tion, including interests in environmental ‘‘30 percent’’; with the National Academy of Sciences protection and safety operations; (ii) by striking ‘‘complementary research’’ under which the Academy shall conduct a ‘‘(C) representatives of Federal agencies, and inserting ‘‘safety technology research study to determine— including the Environmental Protection and development’’; and ‘‘(i) whether the benefits provided through Agency and the Department of the Interior; (iii) by striking ‘‘contract management,’’ each award under this subsection during cal- ‘‘(D) State regulatory agency representa- and all that follows through the period at endar year 2011 have been maximized; and tives; and the end and inserting ‘‘and contract manage- ‘‘(ii) the new areas of research that could ‘‘(E) other individuals, as determined by ment.’’; and be carried out to meet the overall objectives the Secretary. (D) by adding at the end the following: of the program. ‘‘(2) LIMITATIONS.— ‘‘(5) 20 percent shall be used for research ‘‘(B) REPORT.—Not later than January 1, ‘‘(A) IN GENERAL.—The Advisory Com- activities required under sections 20 and 21 of 2012, the Secretary shall submit to the ap- mittee shall not include individuals who are the Outer Continental Shelf Lands Act (43 propriate committees of Congress a report board members, officers, or employees of the U.S.C. 1346, 1347).’’. that contains a description of the results of program consortium. (3) in subsection (f), by striking ‘‘Ultra- the study conducted under subparagraph (A). ‘‘(B) CATEGORICAL REPRESENTATION.—In ap- Deepwater and Unconventional Natural Gas ‘‘(C) OPTIONAL UPDATES.—The Secretary pointing members of the Advisory Com- and Other Petroleum Research Fund’’ and may update the report described in subpara- mittee, the Secretary shall ensure that no inserting ‘‘Safer Oil and Gas Production and graph (B) for the 5-year period beginning on class of individuals described in any of sub- Accident Prevention Research Fund’’. the date described in that subparagraph and paragraphs (A), (B), (D), or (E) of paragraph (g) CONFORMING AMENDMENT.—Subtitle J of 1 each 5-year period thereafter.’’; (1) comprises more than ⁄3 of the member- title IX of the Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.) is amended in the sub- (5) in subsection (e)— ship of the Advisory Committee. title heading by striking ‘‘ (A) in paragraph (2)— ‘‘(c) SUBCOMMITTEES.—The Advisory Com- Ultra-Deepwater mittee may establish subcommittees for sep- and Unconventional Natural Gas and Other (i) in the second sentence of subparagraph arate research programs carried out under Petroleum Resources’’ and inserting ‘‘Safer (A), by inserting ‘‘to the Secretary for re- this subtitle. Oil and Gas Production and Accident Preven- view’’ after ‘‘submit’’; and ‘‘(d) DUTIES.—The Advisory Committee tion’’. (ii) in the first sentence of subparagraph shall— SEC. 10. NATIONAL COMMISSION ON OUTER CON- (B), by striking ‘‘Ultra-Deepwater’’ and all ‘‘(1) advise the Secretary on the develop- TINENTAL SHELF OIL SPILL PRE- that follows through ‘‘and such Advisory ment and implementation of programs under VENTION. Committees’’ and inserting ‘‘Program Advi- this subtitle; and (a) ESTABLISHMENT.—There is established sory Committee established under section ‘‘(2) carry out section 999B(e)(2)(B). in the Legislative branch the National Com- 999D(a), and the Advisory Committee’’; and ‘‘(e) COMPENSATION.—A member of the Ad- mission on Outer Continental Shelf Oil Spill (B) by adding at the end the following: visory Committee shall serve without com- Prevention (referred to in this section as the ‘‘(6) RESEARCH FINDINGS AND RECOMMENDA- pensation but shall be entitled to receive ‘‘Commission’’). TIONS FOR IMPLEMENTATION.—The Secretary, travel expenses in accordance with sub- (b) PURPOSES.—The purposes of the Com- in consultation with the Secretary of the In- chapter I of chapter 57 of title 5, United mission are— terior and the Administrator of the Environ- States Code. (1) to examine and report on the facts and mental Protection Agency, shall publish in ‘‘(f) PROHIBITION.—The Advisory Com- causes relating to the Deepwater Horizon ex- the Federal Register an annual report on the mittee shall not make recommendations on plosion and oil spill of 2010; research findings of the program carried out funding awards to particular consortia or (2) to ascertain, evaluate, and report on under this section and any recommendations other entities, or for specific projects.’’. the evidence developed by all relevant gov- for implementation that the Secretary, in (e) DEFINITIONS.—Section 999G of the En- ernmental agencies regarding the facts and consultation with the Secretary of the Inte- ergy Policy Act of 2005 (42 U.S.C. 16377) is circumstances surrounding the incident; rior and the Administrator of the Environ- amended— (3) to build upon the investigations of mental Protection Agency, determines to be (1) in paragraph (1), by striking ‘‘200 but other entities, and avoid unnecessary dupli- necessary.’’; less than 1,500 meters’’ and inserting ‘‘500 cation, by reviewing the findings, conclu- (6) in subsection (i)— feet’’; sions, and recommendations of— (A) in the subsection heading, by striking (2) by striking paragraphs (8), (9), and (10); (A) the Committees on Energy and Natural ‘‘UNITED STATES GEOLOGICAL SURVEY’’ and (3) by redesignating paragraphs (2) through Resources and Commerce, Science, and inserting ‘‘DEPARTMENT OF THE INTERIOR’’; (7) and (11) as paragraphs (4) through (9) and Transportation of the Senate; and (10), respectively; (B) the Committee on Natural Resources (B) by striking ‘‘, through the United (4) by inserting after paragraph (1) the fol- and the Subcommittee on Oversight and In- States Geological Survey,’’; and lowing: vestigations of the House of Representatives; (7) in the first sentence of subsection (j), by ‘‘(2) DEEPWATER ARCHITECTURE.—The term and striking ‘‘National Energy Technology Lab- ‘deepwater architecture’ means the integra- (C) other Executive branch, congressional, oratory’’ and inserting ‘‘Office of Fossil En- tion of technologies for the exploration for, or independent commission investigations ergy of the Department’’. or production of, natural gas or other petro- into the Deepwater Horizon incident of 2010, leum resources located at deepwater depths. other fatal oil platform accidents and major (c) ADDITIONAL REQUIREMENTS FOR ‘‘(3) DEEPWATER TECHNOLOGY.—The term spills, and major oil spills generally; AWARDS.—Section 999C(b) of the Energy Pol- ‘deepwater technology’ means a discrete (4) to make a full and complete accounting icy Act of 2005 (42 U.S.C. 16373(b)) is amended technology that is specially suited to address of the circumstances surrounding the inci- by striking ‘‘an ultra-deepwater technology 1 or more challenges associated with the ex- dent, and the extent of the preparedness of or an ultra-deepwater architecture’’ and in- ploration for, or production of, natural gas the United States for, and immediate re- serting ‘‘a deepwater technology’’. or other petroleum resources located at sponse of the United States to, the incident; (d) PROGRAM ADVISORY COMMITTEE.—Sec- deepwater depths.’’; and and tion 999D of the Energy Policy Act of 2005 (42 (5) in paragraph (10) (as redesignated by (5) to investigate and report to the Presi- U.S.C. 16374) is amended to read as follows: paragraph (3)), by striking ‘‘in an economi- dent and Congress findings, conclusions, and

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6857 recommendations for corrective measures (ii) may include relevant facts and cir- (I) shall bear the signature of the Chair- that may be taken to prevent similar inci- cumstances relating to— person or any member designated by a ma- dents. (I) permitting agencies; jority of the Commission; (c) COMPOSITION OF COMMISSION.— (II) environmental and worker safety law (II) and may be served by any person or (1) MEMBERS.—The Commission shall be enforcement agencies; class of persons designated by the Chair- composed of 10 members, of whom— (III) national energy requirements; person or by a member designated by a ma- (A) 1 member shall be appointed by the (IV) deepwater and ultradeepwater oil and jority of the Commission for that purpose. President, who shall serve as Chairperson of gas exploration and development; (B) ENFORCEMENT.— the Commission; (V) regulatory specifications, testing, and (i) IN GENERAL.—In the case of contumacy (B) 1 member shall be appointed by the ma- requirements for offshore oil and gas well ex- or failure to obey a subpoena issued under jority or minority (as the case may be) lead- plosion prevention; subparagraph (A), the United States district er of the Senate from the Republican Party (VI) regulatory specifications, testing, and court for the district in which the subpoe- and the majority or minority (as the case requirements offshore oil and gas well casing naed person resides, is served, or may be may be) leader of the House of Representa- and cementing regulation; found, or where the subpoena is returnable, tives from the Republican Party, who shall (VII) the role of congressional oversight may issue an order requiring the person to serve as Vice Chairperson of the Commis- and resource allocation; and appear at any designated place to testify or sion; (VIII) other areas of the public and private to produce documentary or other evidence. (C) 2 members shall be appointed by the sectors determined to be relevant to the (ii) JUDICIAL ACTION FOR NONCOMPLIANCE.— senior member of the leadership of the Sen- Deepwater Horizon incident by the Commis- Any failure to obey the order of the court ate from the Democratic Party; sion; may be punished by the court as a contempt (D) 2 members shall be appointed by the (B) to identify, review, and evaluate the of that court. senior member of the leadership of the House lessons learned from the Deepwater Horizon (iii) ADDITIONAL ENFORCEMENT.—In the case of Representatives from the Republican incident of April 20, 2010, regarding the of any failure of any witness to comply with Party; structure, coordination, management poli- any subpoena or to testify when summoned (E) 2 members shall be appointed by the cies, and procedures of the Federal Govern- under authority of this subsection, the Com- senior member of the leadership of the Sen- ment, and, if appropriate, State and local mission may, by majority vote, certify a ate from the Republican Party; and governments and nongovernmental entities, statement of fact constituting such failure (F) 2 members shall be appointed by the and the private sector, relative to detecting, to the appropriate United States attorney, senior member of the leadership of the House preventing, and responding to those inci- who may bring the matter before the grand of Representatives from the Democratic dents; and jury for action, under the same statutory au- Party. (C) to submit to the President and Con- thority and procedures as if the United States attorney had received a certification (2) QUALIFICATIONS; INITIAL MEETING.— gress such reports as are required under this under sections 102 through 104 of the Revised (A) POLITICAL PARTY AFFILIATION.—Not section containing such findings, conclu- more than 5 members of the Commission sions, and recommendations as the Commis- Statutes (2 U.S.C. 192 through 194). shall be from the same political party. sion determines to be appropriate, including (3) CONTRACTING.—The Commission may, to such extent and in such amounts as are pro- (B) NONGOVERNMENTAL APPOINTEES.—An in- proposals for organization, coordination, vided in appropriation Acts, enter into con- dividual appointed to the Commission may planning, management arrangements, proce- tracts to enable the Commission to discharge not be a current officer or employee of the dures, rules, and regulations. the duties of the Commission under this sec- Federal Government or any State or local (2) RELATIONSHIP TO INQUIRY BY CONGRES- tion. government. SIONAL COMMITTEES.—In investigating facts (4) INFORMATION FROM FEDERAL AGENCIES.— (C) OTHER QUALIFICATIONS.—It is the sense and circumstances relating to energy policy, (A) IN GENERAL.—The Commission may se- of Congress that individuals appointed to the the Commission shall— cure directly from any Executive depart- Commission should be prominent United (A) first review the information compiled ment, bureau, agency, board, commission, of- States citizens, with national recognition by, and any findings, conclusions, and rec- fice, independent establishment, or instru- ommendations of, the committees identified and significant depth of experience and ex- mentality of the Federal Government, infor- in subparagraphs (A) and (B) of subsection pertise in such areas as— mation, suggestions, estimates, and statis- (i) engineering; (b)(3); and tics for the purposes of this section. (ii) environmental compliance; (B) after completion of that review, pursue (B) COOPERATION.—Each Federal depart- (iii) health and safety law (particularly oil any appropriate area of inquiry, if the Com- ment, bureau, agency, board, commission, of- spill legislation); mission determines that— fice, independent establishment, or instru- (iv) oil spill insurance policies; (i) those committees have not investigated mentality shall, to the extent authorized by (v) public administration; that area; law, furnish information, suggestions, esti- (vi) oil and gas exploration and production; (ii) the investigation of that area by those mates, and statistics directly to the Com- (vii) environmental cleanup; and committees has not been completed; or mission, upon request made by the Chair- (viii) fisheries and wildlife management. (iii) new information not reviewed by the person, the Chairperson of any subcommittee (D) DEADLINE FOR APPOINTMENT.—All mem- committees has become available with re- created by a majority of the Commission, or bers of the Commission shall be appointed on spect to that area. any member designated by a majority of the or before September 15, 2010. (e) POWERS OF COMMISSION.— Commission. (1) HEARINGS AND EVIDENCE.—The Commis- (E) INITIAL MEETING.—The Commission (C) RECEIPT, HANDLING, STORAGE, AND DIS- sion or, on the authority of the Commission, shall meet and begin the operations of the SEMINATION.—Information shall be received, Commission as soon as practicable after the any subcommittee or member of the Com- handled, stored, and disseminated only by date of enactment of this Act. mission, may, for the purpose of carrying out members of the Commission and the staff of (3) QUORUM; VACANCIES.— this section— the Commission in accordance with all appli- (A) IN GENERAL.—After the initial meeting (A) hold such hearings, meet and act at cable laws (including regulations and Execu- of the Commission, the Commission shall such times and places, take such testimony, tive orders). meet upon the call of the Chairperson or a receive such evidence, and administer such (5) ASSISTANCE FROM FEDERAL AGENCIES.— majority of the members of the Commission. oaths; and (A) GENERAL SERVICES ADMINISTRATION.— (B) QUORUM.—6 members of the Commis- (B) require, by subpoena or otherwise, the The Administrator of General Services shall sion shall constitute a quorum. attendance and testimony of such witnesses provide to the Commission on a reimburs- (C) VACANCIES.—Any vacancy in the Com- and the production of such books, records, able basis administrative support and other mission shall not affect the powers of the correspondence, memoranda, papers, docu- services for the performance of the functions Commission, but shall be filled in the same ments, tapes, and materials; of the Commission. manner in which the original appointment as the Commission or such subcommittee or (B) OTHER DEPARTMENTS AND AGENCIES.—In was made. member considers to be advisable. addition to the assistance prescribed in sub- (d) FUNCTIONS OF COMMISSION.— (2) SUBPOENAS.— paragraph (A), departments and agencies of (1) IN GENERAL.—The functions of the Com- (A) ISSUANCE.— the United States may provide to the Com- mission are— (i) IN GENERAL.—A subpoena may be issued mission such services, funds, facilities, staff, (A) to conduct an investigation that— under this paragraph only— and other support services as are determined (i) investigates relevant facts and cir- (I) by the agreement of the Chairperson to be advisable and authorized by law. cumstances relating to the Deepwater Hori- and the Vice Chairperson; or (6) GIFTS.—The Commission may accept, zon incident of April 20, 2010, and the associ- (II) by the affirmative vote of 6 members of use, and dispose of gifts or donations of serv- ated oil spill thereafter, including any rel- the Commission. ices or property, including travel, for the di- evant legislation, Executive order, regula- (ii) SIGNATURE.—Subject to clause (i), a rect advancement of the functions of the tion, plan, policy, practice, or procedure; and subpoena issued under this paragraph— Commission.

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(7) POSTAL SERVICES.—The Commission including per diem in lieu of subsistence, at SEC. 11. CLASSIFICATION OF OFFSHORE SYS- may use the United States mails in the same rates authorized for an employee of an agen- TEMS. manner and under the same conditions as de- cy under subchapter I of chapter 57 of title 5, (a) REGULATIONS.— partments and agencies of the United States. United States Code, while away from the (1) IN GENERAL.—Not later than 2 years (f) PUBLIC MEETINGS AND HEARINGS.— home or regular place of business of the after the date of enactment of this Act, the (1) PUBLIC MEETINGS AND RELEASE OF PUBLIC member in the performance of the duties of Secretary and the Secretary of the Depart- VERSIONS OF REPORTS.—The Commission the Commission. ment in which the Coast Guard is operating shall— (i) SECURITY CLEARANCES FOR COMMISSION shall jointly issue regulations requiring sys- (A) hold public hearings and meetings, to MEMBERS AND STAFF.— tems (including existing systems) used in the the extent appropriate; and (1) IN GENERAL.—Subject to paragraph (2), offshore exploration, development, and pro- (B) release public versions of the reports the appropriate Federal agencies or depart- duction of oil and gas in the outer Conti- required under paragraphs (1) and (2) of sub- ments shall cooperate with the Commission nental Shelf to be constructed, maintained, section (j). in expeditiously providing to the members and operated so as to meet classification, (2) PUBLIC HEARINGS.—Any public hearings and staff of the Commission appropriate se- certification, rating, and inspection stand- of the Commission shall be conducted in a curity clearances, to the maximum extent ards that are necessary— manner consistent with the protection of practicable, pursuant to existing procedures (A) to protect the health and safety of af- proprietary or sensitive information pro- and requirements. filiated workers; and vided to or developed for or by the Commis- (2) PROPRIETARY INFORMATION.—No person (B) to prevent environmental degradation. sion as required by any applicable law (in- shall be provided with access to proprietary (2) THIRD-PARTY VERIFICATION.—The stand- cluding a regulation or Executive order). information under this section without the ards established by regulation under para- (g) STAFF OF COMMISSION.— appropriate security clearances. graph (1) shall be verified through certifi- (1) IN GENERAL.— (j) REPORTS OF COMMISSION; ADJOURN- cation and classification by independent (A) APPOINTMENT AND COMPENSATION.— MENT.— third parties that— (i) IN GENERAL.—The Chairperson, in con- (1) INTERIM REPORTS.—The Commission (A) have been preapproved by both the Sec- sultation with the Vice Chairperson and in may submit to the President and Congress retary and the Secretary of the Department accordance with rules agreed upon by the interim reports containing such findings, in which the Coast Guard is operating; and Commission, may, without regard to the conclusions, and recommendations for cor- (B) have no financial conflict of interest in civil service laws (including regulations), ap- rective measures as have been agreed to by a conducting the duties of the third parties. point and fix the compensation of a staff di- majority of members of the Commission. (3) MINIMUM SYSTEMS COVERED.—At a min- rector and such other personnel as are nec- (2) FINAL REPORT.—Not later than 180 days imum, the regulations issued under para- essary to enable the Commission to carry after the date of the enactment of this Act, graph (1) shall require the certification and out the functions of the Commission. the Commission shall submit to the Presi- classification by an independent third party (ii) MAXIMUM RATE OF PAY.—No rate of pay dent and Congress a final report containing who meets the requirements of paragraph (2) fixed under this subparagraph may exceed such findings, conclusions, and recommenda- of— tions for corrective measures as have been the equivalent of that payable for a position (A) mobile offshore drilling units; agreed to by a majority of members of the at level V of the Executive Schedule under (B) fixed and floating drilling or produc- section 5316 of title 5, United States Code. Commission. tion facilities; (B) PERSONNEL AS FEDERAL EMPLOYEES.— (3) TEMPORARY ADJOURNMENT.— (C) drilling systems, including risers and (i) IN GENERAL.—The staff director and any (A) IN GENERAL.—The Commission, and all blowout preventers; and personnel of the Commission who are em- the authority provided under this section, (D) any other equipment dedicated to the ployees shall be considered to be employees shall adjourn and be suspended, respectively, safety systems relating to offshore extrac- under section 2105 of title 5, United States on the date that is 60 days after the date on tion and production of oil and gas. Code, for purposes of chapters 63, 81, 83, 84, which the final report is submitted under (4) EXCEPTIONS.—The Secretary and the 85, 87, 89, and 90 of that title. paragraph (2). Secretary of the Department in which the (ii) MEMBERS OF COMMISSION.—Clause (i) (B) ADMINISTRATIVE ACTIVITIES BEFORE TER- Coast Guard is operating may waive the shall not apply to members of the Commis- MINATION.—The Commission may use the 60- standards established by regulation under sion. day period referred to in subparagraph (A) paragraph (1) for an existing system only if— (2) DETAILEES.— for the purpose of concluding activities of (A) the system is of an age or type where (A) IN GENERAL.—An employee of the Fed- the Commission, including— meeting such requirements is impractical; eral Government may be detailed to the (i) providing testimony to committees of and Commission without reimbursement. Congress concerning reports of the Commis- (B) the system poses an acceptably low (B) CIVIL SERVICE STATUS.—The detail of sion; and level of risk to the environment and to the employee shall be without interruption (ii) disseminating the final report sub- human safety. or loss of civil service status or privilege. mitted under paragraph (2). (b) AUTHORITY OF COAST GUARD.—Nothing (3) PROCUREMENT OF TEMPORARY AND INTER- (C) RECONVENING OF COMMISSION.—The in this section preempts or interferes with MITTENT SERVICES.—The Chairperson of the Commission shall stand adjourned until such the authority of the Coast Guard. Commission may procure temporary and time as the President or the Secretary of intermittent services in accordance with sec- Homeland Security declares an oil spill of SEC. 12. SAVINGS PROVISIONS. tion 3109(b) of title 5, United States Code, at national significance to have occurred, at (a) EXISTING LAW.—All regulations, rules, rates for individuals that do not exceed the which time— standards, determinations, contracts and daily equivalent of the annual rate of basic (i) the Commission shall reconvene in ac- agreements, memoranda of understanding, pay prescribed for level V of the Executive cordance with subsection (c)(3); and certifications, authorizations, appointments, Schedule under section 5316 of that title. (ii) the authority of the Commission under delegations, results and findings of inves- (h) COMPENSATION AND TRAVEL EXPENSES.— this section shall be of full force and effect. tigations, or any other actions issued, made, (1) COMPENSATION OF MEMBERS.— (k) FUNDING.— or taken by, or pursuant to or under, the au- (A) NON-FEDERAL EMPLOYEES.—A member (1) AUTHORIZATION OF APPROPRIATIONS.— thority of any law (including regulations) of the Commission who is not an officer or There are authorized to be appropriated to that resulted in the assignment of functions employee of the Federal Government shall carry out this section— or activities to the Secretary, the Director be compensated at a rate equal to the daily (A) $10,000,000 for the first fiscal year in of the Minerals Management Service (includ- equivalent of the annual rate of basic pay which the Commission convenes; and ing by delegation from the Secretary), or the prescribed for level IV of the Executive (B) $3,000,000 for each fiscal year thereafter Department (as related to the implementa- Schedule under section 5315 of title 5, United in which the Commission convenes. tion of the purposes referenced in this Act) States Code, for each day (including travel (2) AVAILABILITY.—Amounts made avail- that were in effect on the date of enactment time) during which the member is engaged in able to carry out this section shall be avail- of this Act shall continue in full force and ef- the performance of the duties of the Com- able— fect after the date of enactment of this Act mission. (A) for transfer to the Commission for use unless previously scheduled to expire or (B) FEDERAL EMPLOYEES.—A member of the in carrying out the functions and activities until otherwise modified or rescinded by this Commission who is an officer or employee of of the Commission under this section; and Act or any other Act. the Federal Government shall serve without (B) until the date on which the Commis- (b) EFFECT ON OTHER AUTHORITIES.—This compensation in addition to the compensa- sion adjourns for the fiscal year under sub- Act does not amend or alter the provisions of tion received for the services of the member section (j)(3). other applicable laws, unless otherwise as an officer or employee of the Federal Gov- (l) NONAPPLICABILITY OF FEDERAL ADVISORY noted. ernment. COMMITTEE ACT.—The Federal Advisory SEC. 13. BUDGETARY EFFECTS. (2) TRAVEL EXPENSES.—A member of the Committee Act (5 U.S.C. App.) shall not The budgetary effects of this Act, for the Commission shall be allowed travel expenses, apply to the Commission. purpose of complying with the Statutory

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6859 Pay-As-You-Go Act of 2010, shall be deter- students will have a safe haven to learn policies and activities to improve the mined by reference to the latest statement and achieve. In New York City, middle conditions for learning in each of their titled ‘‘Budgetary Effects of PAYGO Legisla- schooler Gurwinder Singh was targeted schools. This legislation gives State tion’’ for this Act, submitted for printing in by bullies who bashed his head into a and local school districts the resources the Congressional Record by the Chairman of the Senate Budget Committee, provided that metal pole while bystanders watched, and opportunities to create safe, such statement has been submitted prior to because of his Sikh religion. Luckily, healthy schools that will enhance the the vote on passage. Gurwinder survived, and has become an academic achievement of students. outspoken proponent of bullying pre- This legislation is an essential tool By Mr. HARKIN (for himself and vention. We cannot stand idly by when for our States and local schools to sup- Mrs. GILLIBRAND): school becomes a hostile place for kids. port students who are prepared for col- S. 919. A bill to authorize grant pro- Thus, today, I am introducing the lege, a career, and to be world-class grams to ensure successful, safe, and Successful, Safe and Healthy Students citizens. healthy students; to the Committee on Act. This legislation will advance stu- Mr. President, I ask unanimous con- Health, Education, Labor, and Pen- dent achievement and promote the sent that the text of the bill be printed sions. positive physical, mental, and emo- in the RECORD. Mr. HARKIN. Mr. President, one of tional health of students throughout There being no objection, the text of our greatest national priorities is en- the nation. It will help to reduce vio- the bill was ordered to be printed in suring that all students in all schools lence in schools, prevent bullying and the RECORD, as follows: are in settings that are safe; class- harassment, help students make re- S. 919 rooms that support learning; situations sponsible choices about drugs, tobacco, Be it enacted by the Senate and House of Rep- that ensure our children will be suc- and alcohol, and create the type of resentatives of the United States of America in cessful. school environments where students Congress assembled, To be a successful student, to be a can do their best work and achieve the SECTION 1. SHORT TITLE. contributing citizen to our democracy, highest possible academic outcomes, This Act may be cited as the ‘‘Successful, to be prepared for college and the while also becoming healthy, happy Safe, and Healthy Students Act of 2011’’. workforce of tomorrow, our students and productive members of their com- SEC. 2. PURPOSE. need to be of sound mind, of sound munities. The purpose of this Act is to assist States body, and have access to resources that Essential conditions for learning in- in developing and implementing comprehen- sive programs and strategies to foster posi- will support their success. clude schools that provide for adequate tive conditions for learning in public Students who travel to school safely; physical activity, positive mental schools, in order to increase academic who attend classes in structurally health, and safe environments. Those achievement for all students through the sound buildings where the adults model conditions include physical and emo- provision of Federal assistance to States positive teamwork and collaboration tional safety for both students and for— skills; where good nutrition is avail- school personnel and promote positive (1) promotion of student physical health able and where opportunities for phys- character development in our youth. and well-being, nutrition, and fitness; ical activity are available and ex- Schools with the essential conditions (2) promotion of student mental health and pected; where they have a safe, sup- well-being; for learning also provide for opportuni- (3) prevention of violence, harassment portive social environment, students ties for good nutrition and healthy liv- (which includes bullying), and substance who have all of these conditions in ing, and are free of violence, harass- abuse among students; and their schools will be prepared to ment, bullying and other forms of (4) promotion of safe and supportive achieve high academic standards. interpersonal aggression. Schools that schools. In a country where almost one in have the right conditions for learning SEC. 3. DEFINITIONS. every five children is obese, where are free of weapons and prevent the use In this Act: thousands of students are bullied and and abuse of drugs and alcohol. And (1) CHILD AND ADOLESCENT PSYCHIATRIST; harassed daily, and where access to schools with good conditions for learn- OTHER QUALIFIED PSYCHOLOGIST; SCHOOL COUN- SELOR; SCHOOL PSYCHOLOGIST; SCHOOL SOCIAL high-quality mental and physical ing have positive adult role models WORKER.—The terms ‘‘child and adolescent health care is limited, students must with high expectations for students’ psychiatrist’’, ‘‘other qualified psycholo- have these basic conditions for learn- development, conduct, and academic gist’’, ‘‘school counselor’’, ‘‘school psycholo- ing in order to be successful. achievement. gist’’, and ‘‘school social worker’’ shall have While the Department of Justice re- For those who might be skeptical the meanings given the terms in section ports that the rate of serious incidents about these critical conditions for 5421(e) of the Elementary and Secondary of school violence continue to decline, learning, we only need to look to the Education Act of 1965 (20 U.S.C. 7245(e)). according to the National Center for States and their efforts to improve (2) CONDITIONS FOR LEARNING.—The term Education Statistics, bullying remains school performance and accountability. ‘‘conditions for learning’’ means conditions a pervasive problem that affects al- that advance student achievement and posi- Many States are moving beyond the tive child and youth development by most one in four students each year. As limited measures of school perform- proactively supporting schools (inclusive of we have seen in recent times, some- ance required by No Child Left Behind in and around the school building, pathways times bullying results in the worst pos- and have started to collect data on to and from the school and students’ homes, sible tragedy, the death of a child. school-wide factors that are associated school-sponsored activities, and electronic Fifteen-year-old Phoebe Prince, a with student success. Some of these and social media involving students or freshman at South Hadley High School areas include school climate, physical school personnel) that— in Massachusetts, endured nearly three activity of students, and physical and (A) promote physical, mental, and emo- months of routine torment by class- tional health; emotional safety. In fact, a March 2011 (B) ensure physical and emotional safety mates. On January 14, 2010, Phoebe report from the RAND Corporation in- for students and staff; hanged herself in the stairwell of her dicated that many States are now es- (C) promote social, emotional, and char- family’s home, following weeks of tablishing accountability systems that acter development; and taunting by classmates. The day before include school safety, school climate, (D) have the following attributes: she died, she told a friend: ‘‘School has family involvement, and student en- (i) Provide opportunities for physical ac- been close to intolerable lately.’’ In gagement. tivity, good nutrition, and healthy living. California, thirteen-year-old Seth This legislation will provide to each (ii) Are free of harassment (which includes Walsh committed suicide this past Oc- State the support necessary to measure bullying), abuse, dating violence, and all other forms of interpersonal aggression or tober because of the bullying he experi- the conditions for learning in each violence. enced in his school. We need to have school in each school in the State. Re- (iii) Prevent use and abuse of drugs (in- the expectations in all of our schools sources will also be available to offer cluding tobacco, alcohol, illegal drugs, and that all students will be valued and all grants to school districts to establish unauthorized use of pharmaceuticals).

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6860 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 (iv) Are free of weapons. vestigation’s Uniform Crime Reports cat- to limit a student’s ability to participate in (v) Do not condone or tolerate unhealthy egories, but shall not identify victims of or benefit from a program or activity of a or harmful behaviors, including discrimina- crimes or persons accused of crimes and the public school or educational agency, or to tion of any kind. collected data shall include incident reports create a hostile or abusive educational envi- (vi) Help staff and students to model posi- by school officials, anonymous student sur- ronment at a program or activity of a public tive social and emotional skills, including veys, and anonymous teacher surveys; school or educational agency, including acts tolerance and respect for others. (ii) the performance metrics that are es- of verbal, nonverbal, or physical aggression, (vii) Promote concern for the well-being of tablished under section 5(i) shall be collected intimidation, or hostility, if such conduct is students, including through the presence of and the performance on such metrics shall be based on— caring adults. defined and reported uniformly statewide; (A) a student’s actual or perceived race, (viii) Employ adults who have— (iii) the State shall collect, analyze, and color, national origin, sex, disability, sexual (I) high expectations for student conduct, use the data under subparagraph (B)(ii), as orientation, gender identity, or religion; character, and academic achievement; and required under section 5(g)(5), at least annu- (B) the actual or perceived race, color, na- (II) the capacity to establish supportive re- ally, except the indicators under subpara- tional origin, sex, disability, sexual orienta- lationships with students. graph (B)(ii)(V) may be collected, at a min- tion, gender identity, or religion of a person (ix) Engage families and community mem- imum, every 2 years; and with whom a student associates or has asso- bers in meaningful and sustained ways to (iv) grant recipients and subgrant recipi- ciated; or promote positive student academic achieve- ents shall use the data for planning and con- (C) any other distinguishing characteris- ment, developmental, and social outcomes. tinuous improvement of activities imple- tics that may be defined by a State or local (3) CONDITIONS FOR LEARNING MEASUREMENT mented under this Act, and may collect data educational agency. SYSTEM.— for indicators that are locally defined, and (7) LOCAL EDUCATIONAL AGENCY.—The term (A) IN GENERAL.—The term ‘‘conditions for that are not reported to the State, to meet ‘‘local educational agency’’ has the meaning learning measurement system’’ means a local needs (so long as such indicators are given the term in section 9101 of the Elemen- State reporting and information system that aligned with the conditions for learning). tary and Secondary Education Act of 1965 (20 measures conditions for learning in the (4) DRUG AND VIOLENCE PREVENTION.—The U.S.C. 7801). State and is, to the extent possible, part of term ‘‘drug and violence prevention’’ (8) PHYSICAL EDUCATION INDICATORS.—The the State’s statewide longitudinal data sys- means— term ‘‘physical education indicators’’ means tem and with the State’s system for report- (A) with respect to drugs, prevention, early a set of measures for instruction on physical ing the data required under section 1111 of intervention, rehabilitation referral, or edu- activity, health-related fitness, physical the Elementary and Secondary Education cation related to the abuse and illegal use of competence, and cognitive understanding Act of 1965 (20 U.S.C. 6311). drugs (including tobacco, alcohol, illegal about physical activity. Such indicators (B) DESCRIPTION OF SYSTEM.—Such system drugs, and unauthorized use of pharma- shall be publicly reported annually in the shall— ceuticals) to— State’s conditions for learning measurement (i) contain, at a minimum, data from valid (i) raise awareness about the costs and con- system, and shall include— and reliable surveys of students and staff and sequences of substance use and abuse; (A) for the State, for each local edu- the indicators in clause (ii) that allow staff (ii) change attitudes, perceptions, and so- cational agency in the State, and for each at the State, local educational agencies, and cial norms about the dangers and accept- school in the State, the average number of schools to examine and improve school-level ability of alcohol, tobacco, and drugs; and minutes that all students spend in required conditions for learning; (iii) reduce access to and use of alcohol, to- physical education, and the average number (ii) collect school-level data on— bacco, and drugs; and of minutes that all students engage in mod- (I) physical education indicators; (B) with respect to violence, the promotion erate to vigorous physical activity, as meas- (II) individual student attendance and tru- of school safety on school premises, going to ured against established recommended ancy; and from school, and at school-sponsored ac- guidelines of the Centers for Disease Control (III) in-school suspensions, out-of-school tivities, through the creation and mainte- and Prevention and the Department of suspensions, expulsions, referrals to law en- nance of a school environment that— Health and Human Services; forcement, school-based arrests, and discipli- (i) is free of weapons; (B) for the State, the percentage of local nary transfers (including placements in al- (ii) fosters individual responsibility and re- educational agencies that have a required, ternative schools) by student; spect for the rights and dignity of others; age-appropriate physical education cur- (IV) the frequency, seriousness, and inci- (iii) employs positive, preventative ap- riculum that adheres to Centers for Disease dence of violence and drug-related offenses proaches to school discipline, such as Control and Prevention guidelines and State resulting in disciplinary action in elemen- schoolwide positive behavior supports and standards; tary schools and secondary schools in the restorative justice, that improve student en- (C) for the State, for each local edu- State; and gagement while minimizing students’ re- cational agency in the State, and for each (V) the incidence and prevalence, age of moval from instruction and reducing dispari- school in the State, the percentage of ele- onset, perception of health risk, and percep- ties among the subgroups of students de- mentary school and secondary school phys- tion of social disapproval of drug use and vi- scribed in section 1111(b)(2)(C)(v) of the Ele- ical education teachers who are State li- olence, including harassment (which in- mentary and Secondary Education Act of censed or certified to teach physical edu- cludes bullying), by youth and school per- 1965 (20 U.S.C. 6311(b)(2)(C)(v)); and cation; sonnel in schools and communities; (iv) demonstrates preparedness and readi- (D) for the State, and for each local edu- (iii) collect and report data, including, at a ness to respond to, and recover from, inci- cational agency in the State, the percentage minimum, the data described in subclauses dents of school violence, such that students of schools that have a State certified or li- (II), (III), and (V) of clause (ii), in the aggre- and school personnel are free from— censed physical education teacher certified gate and disaggregated by the categories of (I) violent and disruptive acts; in adapted physical education; and race, ethnicity, gender, disability status, mi- (II) harassment (which includes bullying); (E) for each school in the State, the num- grant status, English proficiency, and status (III) sexual harassment, dating violence, ber of indoor square feet and the number of as economically disadvantaged, and cross and abuse; and outdoor square feet used primarily for phys- tabulated across all of such categories by (IV) victimization associated with preju- ical education. gender and by disability; dice and intolerance. (9) PROGRAMS TO PROMOTE MENTAL (iv) protect student privacy, consistent (5) ELIGIBLE LOCAL APPLICANT.—The term HEALTH.—The term ‘‘programs to promote with applicable data privacy laws and regu- ‘‘eligible local applicant’’ means a local edu- mental health’’ means programs that— lations, including section 444 of the General cational agency, a consortium of local edu- (A) develop students’ social and emotional Education Provisions Act (20 U.S.C. 1232g, cational agencies, or a nonprofit organiza- competencies; and commonly known as the ‘‘Family Edu- tion that has a track record of success in im- (B) link students with local mental health cational Rights and Privacy Act of 1974’’); plementing the proposed activities and has systems as follows: and signed a memorandum of understanding with (i) Enhance, improve, or develop collabo- (v) to the extent possible, utilize a web- a local educational agency or consortium of rative efforts between school-based service based reporting system. local educational agencies to— systems and mental health service systems (C) COMPILING STATISTICS.—In compiling (A) implement school-based activities; and to provide, enhance, or improve prevention, the statistics required to measure conditions (B) conduct school-level measurement of diagnosis, and treatment services to stu- for learning in the State— conditions for learning that are consistent dents, and to improve student social emo- (i) the offenses described in subparagraph with this Act. tional competencies. (B)(ii)(IV) shall be defined pursuant to the (6) HARASSMENT.—The term ‘‘harassment’’ (ii) Enhance the availability of crisis inter- State’s criminal code, and aligned to the ex- means conduct, including bullying, that is vention services, appropriate referrals for tent possible, with the Federal Bureau of In- sufficiently severe, persistent, or pervasive students potentially in need of mental

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6861 health services, including suicide prevention, teachers of physical education to stay amount received under part A of title I of and ongoing mental health services. abreast of the latest research, issues, and the Elementary and Secondary Education (iii) Provide training for the school per- trends in the field of physical education, and Act of 1965 (20 U.S.C. 6311 et seq.) by such sonnel and mental health professionals who 1 or more of the following activities: State for such fiscal year bears to the will participate in the program. (A) Fitness education and assessment to amount received under such part for such fis- (iv) Provide technical assistance and con- help students understand, improve, or main- cal year by all States. sultation to school systems, mental health tain their physical well-being. (B) COMPETITIVE GRANTS.— agencies, and families participating in the (B) Instruction in a variety of motor skills (i) IN GENERAL.—If the total amount re- program. and physical activities designed to enhance served under section 4 for Successful, Safe, (v) Provide services that establish or ex- the physical, mental, social, and emotional and Healthy Students State Grants for a fis- pand school counseling and mental health development of every student. cal year is less than $500,000,000, the Sec- programs that— (C) Development of, and instruction in, retary shall award grants under this section (I) are comprehensive in addressing the cognitive concepts about motor skill and on a competitive basis. counseling, social, emotional, behavioral, physical fitness that support a lifelong (ii) SUFFICIENT SIZE AND SCOPE.—In award- mental health, and educational needs of all healthy lifestyle. ing grants on a competitive basis pursuant students; (D) Opportunities to develop positive social to clause (i), the Secretary shall ensure that (II) use a developmental, preventive ap- and cooperative skills through physical ac- grant awards are of sufficient size and scope proach to counseling and mental health serv- tivity. to carry out required and approved activities ices; (E) Instruction in healthy eating habits under this section. (III) are linguistically appropriate and cul- and good nutrition. (c) ELIGIBILITY.—To be eligible to receive a turally responsive; (11) SECRETARY.—The term ‘‘Secretary’’ grant under this section, a State shall dem- (IV) increase the range, availability, quan- means the Secretary of Education. onstrate that it has— tity, and quality of counseling and mental (12) STATE.—The term ‘‘State’’ has the (1) established a statewide physical edu- health services in the elementary schools meaning given the term in section 9101 of the cation requirement that is consistent with and secondary schools of the local edu- Elementary and Secondary Education Act of widely recognized standards; and cational agency; 1965 (20 U.S.C. 7801). (2) required all local educational agencies (V) expand counseling and mental health SEC. 4. RESERVATIONS. in the State to— services through school counselors, school From amounts made available under sec- (A) establish policies that prevent and pro- social workers, school psychologists, other tion 9, the Secretary shall reserve— hibit harassment (which includes bullying) qualified psychologists, or child and adoles- (1) for the first 3 years for which funding is in schools; and cent psychiatrists; made available under such section to carry (B) provide— (VI) use innovative approaches to— out this Act— (i) annual notice to parents and students (aa) increase children’s understanding of (A) not more than 30 percent of such describing the full range of prohibited con- peer and family relationships, work and self, amounts or $30,000,000, whichever amount is duct contained in such local educational decisionmaking, or academic and career more, for State conditions for learning meas- agency’s discipline policies; and planning; or urement system grants, distributed to every (ii) grievance procedures for students or (bb) improve peer interaction; State (by an application process consistent parents to register complaints regarding the (VII) provide counseling and mental health with section 5(d)(1)) in an amount propor- prohibited conduct contained in such local services in settings that meet the range of tional to each State’s share of funding under educational agency’s discipline policies, in- student needs; part A of title I of the Elementary and Sec- cluding— (VIII) include professional development ap- ondary Education Act of 1965 (20 U.S.C. 6311 (I) the name of the local educational agen- propriate to the activities covered in this et seq.), to develop the State’s conditions for cy officials who are designated as responsible paragraph for teachers, school leaders, in- learning measurement system, and to con- for receiving such complaints; and structional staff, and appropriate school per- duct a needs analysis to meet the require- (II) timelines that the local educational sonnel, including training in appropriate ments of section 5(d)(2)(D); and agency will follow in the resolution of such identification and early intervention tech- (B) not more than 68 percent of such complaints. niques by school counselors, school social amounts for Successful, Safe, and Healthy (d) APPLICATIONS.— workers, school psychologists, other quali- Students State Grants under section 5; (1) IN GENERAL.—A State that desires to re- fied psychologists, or child and adolescent (2) for the fourth year and each subsequent ceive a grant under this section shall submit psychiatrists; year for which funding is made available an application at such time, in such manner, (IX) ensure a team approach to school under section 9 to carry out this Act, not and containing such information as the Sec- counseling and mental health services in the less than 98 percent of such amounts for Suc- retary may require. schools served by the local educational agen- cessful, Safe, and Healthy Students State (2) CONTENT OF APPLICATION.—At a min- cy; Grants under section 5; and imum, the application shall include— (X) ensure work toward ratios rec- (3) in each year for which funding is made (A) documentation of the State’s eligi- ommended— available under section 9 to carry out this bility to receive a grant under this section, (aa) by the American School Counselor As- Act, not more than 2 percent of such as described in subsection (c); sociation of 1 school counselor to 250 stu- amounts for technical assistance and evalua- (B) an assurance that the policies used to dents; tion. prohibit harassment (which includes bul- (bb) by the School Social Work Association SEC. 5. SUCCESSFUL, SAFE, AND HEALTHY STU- lying) in schools required under subsection of America of 1 school social worker to 400 DENTS STATE GRANTS. (c)(2)(A) emphasize alternatives to school students; and (a) PURPOSE.—The purpose of this section suspension that minimize students’ removal (cc) by the National Association of School is to provide funding to States to implement from grade-level instruction, promote men- Psychologists of 1 school psychologist to 700 comprehensive programs that address condi- tal health, and only allow out-of-school pun- students; and tions for learning in schools in the State. ishments in severe or persistent cases; (XI) ensure that school counselors, school Such programs shall be based on — (C) a plan for improving conditions for psychologists, other qualified psychologists, (1) scientifically valid research; and learning in schools in the State in a manner school social workers, or child and adoles- (2) an analysis of need that considers, at a consistent with the requirements of the pro- cent psychiatrists paid from funds made minimum, the indicators in the conditions gram that may be a part of a broader state- available under this program spend a major- for learning measurement system. wide child and youth plan, if such a plan ex- ity of their time counseling or providing (b) STATE GRANTS.— ists and is consistent with the requirements mental health services to students or in (1) IN GENERAL.—From amounts reserved of this Act; other activities directly related to such under section 4 for Successful, Safe, and (D) a needs analysis of the conditions for processes. Healthy Students State Grants, the Sec- learning in schools in the State, which— (10) PROGRAMS TO PROMOTE PHYSICAL ACTIV- retary shall award grants to States to carry (i) shall include a description of, and data ITY, EDUCATION, FITNESS, AND NUTRITION.— out the purpose of this section. measuring, the State’s conditions for learn- The term ‘‘programs to promote physical ac- (2) AWARDS TO STATES.— ing; and tivity, education, fitness, and nutrition’’ (A) FORMULA GRANTS.—If the total amount (ii) may be a part of a broader statewide means programs that increase and enable ac- reserved under section 4 for Successful, Safe, child and youth needs analysis, if such an tive student participation in physical well- and Healthy Students State Grants for a fis- analysis exists and is consistent with the re- being activities and provide teacher profes- cal year is $500,000,000 or more, the Secretary quirements of this Act; sional development. Such programs shall be shall allot to each State with an approved (E) a description of how the activities the comprehensive in nature, and include oppor- application an amount that bears the same State proposes to implement with grant tunities for professional development for relationship to such total amount as the funds are responsive to the results of the

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needs analysis described in subparagraph (C); gram, technical assistance, and the develop- (A) IN GENERAL.—In awarding subgrants and ment, improvement, and implementation of under this section, each State shall ensure (F) a description of how the State will— the State’s conditions for learning measure- that, for the aggregate of all subgrants (i) develop, adopt, adapt, or implement the ment system, as described in paragraphs (1) awarded by the State— State’s conditions for learning measurement through (5) of subsection (g); and (i) not less than 20 percent of the subgrant system, and how the State will ensure that (2) use the remainder of grant funds after funds are allocated to carry out drug and vi- all local educational agencies and schools in making the reservation under paragraph (1) olence prevention; the State participate in such system; to award subgrants, on a competitive basis, (ii) not less than 20 percent of the subgrant (ii) ensure the quality of the State’s condi- to eligible local applicants. funds are allocated to carry out programs to tions for learning data collection, including (g) REQUIRED STATE ACTIVITIES.—A State promote mental health; and the State’s plan for survey administration that receives a grant under this section (iii) not less than 20 percent of the and for ensuring the reliability and validity shall— subgrant funds are allocated to carry out of survey instruments; (1) not later than 1 year after receipt of the programs to promote physical activity, edu- (iii) coordinate the proposed activities grant, develop, adapt, improve, or adopt and cation, fitness, and nutrition. with other Federal and State programs, in- implement a statewide conditions for learn- (B) RULE OF CONSTRUCTION.—Nothing in cluding programs funded under this Act, ing measurement system (unless the State this section shall be construed to require which may include programs to expand can demonstrate, to the satisfaction of the learning time and for before- and after- States, in making subgrants to eligible local Secretary, that an appropriate system has applicants, to require subgrant recipients to school programming in order to provide suf- already been implemented) that annually use 20 percent of grant funds for drug and vi- ficient time to carry out the activities de- measures the State’s progress in the condi- olence prevention, 20 percent of grant funds scribed in this Act; tions for learning for every public school in for the promotion of mental health, and 20 (iv) assist local educational agencies to the State; percent of grant funds for the promotion of align activities with funds the agencies re- (2) collect information in each year of the physical activity, education, fitness, and nu- ceive under the program with other funding grant on the conditions for learning at the sources in order to support a coherent and school-building level through comprehensive trition. non-duplicative program; needs assessments of students, school staff, (3) APPLICATIONS.—An eligible local appli- (v) solicit and approve subgrant applica- and family perceptions, experiences, and be- cant that desires to receive a subgrant under tions, including how the State will— haviors; this subsection shall submit to the State an (I) allocate funds for statewide activities (3) collect annual incident data at the application at such time, in such manner, and subgrants for each year of the grant, school-building level that are accurate and and containing such information as the consistent with allocation requirements complete; State may require. under subsection (h)(2); and (4) publicly report, at the school level and (4) PRIORITY.—In awarding subgrants under (II) consider the results of the analysis de- district level, the data collected in the con- this subsection, a State shall give priority to scribed in subparagraph (C) in the State’s ditions for learning measurement system applications that— distribution of subgrants; each year in a timely and highly accessible (A) demonstrate the greatest need accord- (vi) address the needs of diverse geographic manner; ing to the results of the State’s conditions areas in the State, including rural and urban (5) use, on a continuous basis, the results for learning survey; and communities; of the conditions for learning measurement (B) propose to serve schools with the high- (vii) provide assistance to local edu- system to— est concentrations of poverty, based on the cational agencies and schools in their efforts (A) identify and address conditions for percentage of students receiving or are eligi- to prevent and appropriately respond to inci- learning statewide; ble to receive a free or reduced price lunch dents of harassment (which includes bul- (B) help subgrantees identify and address under the Richard B. Russell National lying), including building the capacity of school and student needs; and School Lunch Act (42 U.S.C. 1751 et seq.). such agencies and schools to educate family (C) provide individualized assistance to the and community members regarding the (5) ACTIVITIES OF SUBGRANT RECIPIENTS.— lowest-performing schools (consistent with agencies’ and schools’ respective roles in pre- Each recipient of a subgrant under this sub- venting and responding to such incidents; section 1116 of the Elementary and Sec- section shall, for the duration of the and ondary Education Act of 1965 (20 U.S.C. 6316)) subgrant— (viii) provide assistance to local edu- and schools with significant conditions for (A) carry out activities— cational agencies and schools in their efforts learning weaknesses as identified through (i) the need for which has been identified, to implement positive, preventative ap- the conditions for learning measurement at a minimum, through the conditions for proaches to school discipline, such as system with implementation of activities learning measurement system; and schoolwide positive behavior supports and under this Act; and (ii) that are part of a comprehensive strat- restorative justice, that improve student en- (6) award subgrants, consistent with sub- egy or framework to address such need, in 1 gagement while minimizing students’ re- section (h), to eligible local applicants. or more of the 3 categories identified in para- moval from instruction and reducing signifi- (h) SUBGRANTS.— graph (2)(A); cant school discipline rates and disciplinary (1) IN GENERAL.— (B) ensure that each framework, interven- disparities among the subgroups of students (A) AWARDING OF SUBGRANTS.—A State that tion, or program selected be based on sci- described in section 1111(b)(2)(C)(v) of the El- receives a grant under this section shall entifically valid research and be used for the ementary and Secondary Education Act of award subgrants, on a competitive basis, to purpose for which such framework, interven- eligible local applicants (which may apply in 1965 (20 U.S.C. 6311(b)(2)(C)(v)). tion, or program was found to be effective; partnership with 1 or more community-based (3) PEER REVIEW.—The Secretary shall es- (C) use school-level data from the state- organizations)— tablish a peer review process to review appli- wide conditions for learning measurement (i) based on need as identified by data from cations submitted under this subsection. system to inform the implementation and State and local conditions for learning meas- (e) DURATION.— continuous improvement of activities car- urement systems; (1) IN GENERAL.—A State that receives a ried out under this Act; grant under this section may receive funding (ii) that are of sufficient size and scope to (D) use data from the statewide conditions for not more than 5 years in accordance with enable subgrantees to carry out approved ac- for learning measurement system to identify this subsection. tivities; and challenges outside of school or off school (2) INITIAL PERIOD.—The Secretary shall (iii) to implement programs that— grounds, (including the need for safe pas- award grants under this section for an initial (I) are comprehensive in nature; sages for students to and from school), and period of not more than 3 years. (II) are based on scientifically valid re- collaborate with 1 or more community-based (3) GRANT EXTENSION.—The Secretary may search; extend a competitive grant awarded to a (III) are consistent with achieving the con- organization to address such challenges; State under this section for not more than ditions for learning; (E) collect and report to the State edu- an additional 2 years if the State shows suffi- (IV) are part of a strategy to achieve all cational agency, data for schools served by cient improvement, as determined by the the conditions for learning; and the subgrant recipient, in a manner con- Secretary, against baseline data for the per- (V) address 1 or more of the categories de- sistent with the State’s conditions for learn- formance metrics established under sub- scribed in paragraph (2)(A). ing measurement system; section (i). (B) ASSISTANCE.—A State that receives a (F) establish policies to expand access to (f) RESERVATION AND USE OF FUNDS.—A grant under this section shall provide assist- quality physical activity opportunities, (in- State that receives a grant under this sec- ance to subgrant applicants and recipients in cluding school wellness policies) and estab- tion shall— the selection of scientifically valid programs lish active school wellness councils, con- (1) reserve not more than 10 percent of the and interventions. sistent with the requirements of the Child grant funds for administration of the pro- (2) ALLOCATION.— Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6863 which may be part of existing school coun- SUBMITTED RESOLUTIONS Whereas participation in sports teams and cils, if such councils exist and have the ca- physical activity clubs, often organized by pacity and willingness to address school the school and run outside of the regular wellness; SENATE RESOLUTION 173—DESIG- school day, can improve grade point average, (G) engage family members and commu- NATING THE WEEK OF MAY 1 school attachment, educational aspirations, nity-based organizations in the development THROUGH MAY 7, 2011, AS ‘‘NA- and the likelihood of graduation; of conditions for learning surveys, and in the TIONAL PHYSICAL EDUCATION Whereas participation in sports and phys- planning, implementation, and review of the ical activity improves self-esteem and body subgrant recipient’s efforts under this Act; AND SPORT WEEK’’ image in children and adults; and Ms. KLOBUCHAR (for herself and Mr. Whereas children and youths who partake (H) consider and accommodate the unique THUNE) submitted the following resolu- in physical activity and sports programs needs of students with disabilities and tion; which was referred to the Com- have increased motor skills, healthy life- English language learners in implementing mittee on the Judiciary: styles, social skills, a sense of fair play, activities. strong teamwork skills, self-discipline, and S. RES. 173 avoidance of risky behaviors; (i) ACCOUNTABILITY.— Whereas a decline in physical activity has Whereas the social and environmental fac- (1) ESTABLISHMENT OF PERFORMANCE contributed to the unprecedented epidemic tors affecting children are in the control of METRICS.—The Secretary, acting through the of childhood obesity, which has more than the adults and the communities in which the Director of the Institute of Education tripled in the United States since 1980; children live, and therefore, the people of the Sciences, shall establish program perform- Whereas regular physical activity is nec- United States share a collective responsi- ance metrics to measure the effectiveness of essary to support normal and healthy growth bility in reversing the childhood obesity epi- the activities carried out under this Act. in children and is essential to the continued demic; (2) ANNUAL REPORT.—Each State that re- health and well-being of children; Whereas if efforts are made to intervene ceives a grant under this Act shall prepare Whereas according to the Centers for Dis- with unfit children to bring those children to and submit an annual report to the Sec- ease Control, overweight adolescents have a physically fit levels, then there may also be retary, which shall include information rel- 70 to 80 percent chance of becoming over- a concomitant rise in the academic perform- evant to the conditions for learning, includ- weight adults, increasing their risk for ance of those children; and ing on progress towards meeting outcomes chronic disease, disability, and death; Whereas Congress strongly supports efforts for the metrics established under paragraph Whereas physical activity reduces the risk to increase physical activity and participa- (1). of heart disease, high blood pressure, diabe- tion of children and youth in sports: Now, SEC. 6. FUNDS RESERVED FOR SECRETARY. tes, and certain types of cancers; therefore, be it Whereas type 2 diabetes can no longer be From the amount reserved under section Resolved, That the Senate— referred to as ‘‘late in life’’ or ‘‘adult onset’’ (1) designates the week of May 1 through 4(3), the Secretary shall— diabetes because type 2 diabetes presently May 7, 2011, as ‘‘National Physical Education (1) direct the Institute of Education occurs in children as young as 10 years old; and Sport Week’’; Sciences to conduct an evaluation of the im- Whereas the Physical Activity Guidelines (2) recognizes National Physical Education pact of the practices funded or disseminated for Americans issued by the Department of and Sport Week and the central role of phys- by the Successful, Safe, and Healthy Stu- Health and Human Services recommend that ical education and sports in creating a dents State Grants program; and children engage in at least 60 minutes of healthy lifestyle for all children and youth; (2) provide technical assistance to appli- physical activity on most, and preferably all, (3) supports the implementation of local cants, recipients, and subgrant recipients of days of the week; school wellness policies (as that term is de- the programs funded under this Act. Whereas according to the Centers for Dis- scribed in section 9A of the Richard B. Rus- SEC. 7. PROHIBITED USES OF FUNDS. ease Control, only 19 percent of high school sell National School Lunch Act (42 U.S.C. No funds appropriated under this Act may students are meeting the goal of 60 minutes 1758b)) that include ambitious goals for phys- be used to pay for— of physical activity each day; ical education, physical activity, and other (1) school resource officer or other security Whereas children spend many of their wak- activities that address the childhood obesity personnel salaries, metal detectors, security ing hours at school and, as a result, need to epidemic and promote child wellness; and cameras, or other security-related salaries, be active during the school day to meet the (4) encourages schools to offer physical equipment, or expenses; recommendations of the Physical Activity education classes to students and work with Guidelines for Americans; (2) drug testing programs; or community partners to provide opportuni- Whereas nationally, according to the Cen- (3) the development, establishment, imple- ties and safe spaces for physical activities ters for Disease Control, 1 out of 4 children mentation, or enforcement of zero-tolerance before and after school and during the sum- does not attend any school physical edu- discipline policies, other than those ex- mer months for all children and youth. cation classes, and fewer than 1 in 4 children pressly required under the Gun-Free Schools f get 20 minutes of vigorous activity every Act (20 U.S.C. 7151 et seq.). day; SENATE RESOLUTION 174—EX- SEC. 8. FEDERAL AND STATE NONDISCRIMINA- Whereas teaching children about physical PRESSING THE SENSE OF THE TION LAWS. education and sports not only ensures that SENATE THAT EFFECTIVE SHAR- Nothing in this Act shall be construed to the children are physically active during the ING OF PASSENGER INFORMA- invalidate or limit nondiscrimination prin- school day, but also educates the children on TION FROM INBOUND INTER- ciples or rights, remedies, procedures, or how to be physically active and the impor- tance of physical activity; NATIONAL FLIGHT MANIFESTS legal standards available to victims of dis- IS A CRUCIAL COMPONENT OF crimination under any other Federal law or Whereas according to a 2006 survey by the law of a State or political subdivision of a Department of Health and Human Services, OUR NATIONAL SECURITY AND State, including title VI of the Civil Rights 3.8 percent of elementary schools, 7.9 percent THAT THE DEPARTMENT OF Act of 1964 (42 U.S.C. 2000d et seq.), title IX of middle schools, and 2.1 percent of high HOMELAND SECURITY MUST of the Education Amendments of 1972 (20 schools provide daily physical education (or MAINTAIN THE INFORMATION U.S.C. 1681 et seq.), section 504 or 505 of the an equivalent) for the entire school year, and SHARING STANDARDS REQUIRED 22 percent of schools do not require students Rehabilitation Act of 1973 (29 U.S.C. 794 and UNDER THE 2007 PASSENGER 794a), or the Americans with Disabilities Act to take any physical education courses at all; NAME RECORD AGREEMENT BE- of 1990 (42 U.S.C. 12101 et seq.). The obliga- TWEEN THE UNITED STATES tions imposed by this Act are in addition to Whereas according to that 2006 survey, 13.7 those imposed by title VI of the Civil Rights percent of elementary schools, 15.2 percent of AND THE EUROPEAN UNION Act of 1964 (42 U.S.C. 2000d et seq.), title IX middle schools, and 3.0 percent of high Mr. LIEBERMAN (for himself and schools provide physical education (or an of the Education Amendments of 1972 (20 Ms. COLLINS) submitted the following equivalent) at least 3 days per week for the U.S.C. 1681 et seq.), section 504 of the Reha- resolution; which was referred to the bilitation Act of 1973 (29 U.S.C. 794), and the entire school year for students in all grades in the school; Committee on Homeland Security and Americans with Disabilities Act of 1990 (42 Governmental Affairs: U.S.C. 12101 et seq.). Whereas research shows that fit and active children are more likely to thrive academi- S. RES. 174 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. cally; Whereas the National Commission on Ter- There are authorized to be appropriated to Whereas increased time in physical edu- rorist Attacks Upon the United States— carry out this Act $1,000,000,000 for fiscal cation classes can help the attention, con- (1) found that ‘‘[t]argeting travel is at year 2012 and such sums as may be necessary centration, and achievement test scores of least as powerful a weapon against terrorists for each of the 5 succeeding fiscal years. children; as targeting their money’’; and

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6864 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 (2) recommended that the United States (2) Faisal Shahzad, who was attempting to 2011, at 2 p.m., to conduct an executive ‘‘combine terrorist travel intelligence, oper- flee the country after attempting to set off a business meeting to consider the nomi- ations, and law enforcement in a strategy to car-bomb in Times Square. nation of William J. Boarman, of Mary- intercept terrorist, find terrorist travel Whereas PNR data has been used to pre- land, to be the public printer, followed facilitators, and constrain terrorist mobil- vent the travel of many other individuals ity’’; considered to be national security threats or by a legislative business meeting to Whereas terrorists continue to target otherwise inadmissible to the United States; consider S. Res. 116, to provide for ex- international travel to the United States, as Whereas the privacy protections in the pedited Senate consideration of certain evidenced by Umar Farouk Abdulmutallab’s current EU-U.S. PNR Agreement are robust, nominations subject to advice and con- attempt to detonate a bomb on board North- and a February 2010 joint review by both sig- sent and S. 739, a bill to authorize the west Airlines Flight 253 on December 25, 2009, natories found no privacy violations, misuse, Architect of the Capitol to establish en route from Amsterdam to Detroit; or injury from the collection of PNR data by battery recharging stations for pri- Whereas Congress responded to the attacks the Department of Homeland Security; vately owned vehicles in parking areas of September 11, 2001, by mandating that all Whereas although the United States and air carriers flying into the United States the European Union have different governing under the jurisdiction of the Senate at provide passenger name record (referred to mechanisms that lead to differences in how no net cost to the Federal Government. in this resolution as ‘‘PNR’’) data concerning oversight is conducted, both governments For further information regarding all inbound passengers to U.S. Customs and have a firm commitment to the protection of this hearing, please contact Lynden Border Protection to assist the Department data and the respect of individual privacy; Armstrong at the Rules and Adminis- of Homeland Security in fulfilling its mis- Whereas in February 2011, the European tration Committee, 202–224–6352. sions of protecting the border and enhancing Commission proposed that the European border security; Union create its own PNR system in order to f Whereas there is bipartisan agreement on identify potential terrorists and other dan- AUTHORITY FOR COMMITTEES TO the need to collect and share passenger trav- gerous criminals; MEET el data, which— Whereas in 2010, the Washington Post— (1) has served as a cornerstone for inter- (1) recognized the important role that PNR COMMITTEE ON THE JUDICIARY dicting terrorists by the administrations of data plays in securing international avia- Mr. LEAHY. Mr. President, I ask President Barack Obama and former Presi- tion; and unanimous consent that the Com- dent George W. Bush; and (2) recommended that data sharing should mittee on the Judiciary be authorized (2) continues to fulfill the mandate for in- not be restricted without demonstrating spe- to meet during the session of the Sen- creased information sharing set by Congress cific problems with the operation of current ate, on May 9, 2011, at 5:30 p.m., in S– in— agreement: Now, therefore, be it (A) the Aviation and Transportation Secu- Resolved, That the Senate— 216 of the Capitol, to continue an exec- rity Act (Public Law 107–71); (1) acknowledges the grave threat posed by utive business meeting. (B) the Intelligence Reform and Terrorism terrorists and other dangerous criminals who The PRESIDING OFFICER. Without Prevention Act of 2004 (Public Law 108–458); seek to exploit international aviation to do objection, it is so ordered. (C) the Implementing Recommendations of harm to our countries; f the 9/11 Commission Act of 2007 (Public Law (2) urges the Department of Homeland Se- 110–53); and curity to reject any efforts by the European RECOGNIZING 25TH ANNIVERSARY (D) other laws requiring information shar- Union to modify existing PNR data sharing OF CHERNOBYL NUCLEAR DIS- ing internationally and within the United mechanisms in a way that would degrade the ASTER States Government to promote greater secu- usefulness of the PNR data for identifying rity; Mr. REID. Mr. President, I ask unan- terrorists and other dangerous criminals; Whereas the Implementing Recommenda- (3) urges the Department of Homeland Se- imous consent that the Foreign Rela- tions of the 9/11 Commission Act of 2007 re- curity to not enter into any agreement that tions Committee be discharged from quired nations to enter into an agreement to would impose European oversight structures further consideration of S. Res. 153 and exchange passenger information with the on the United States; and that the Senate proceed to its consider- United States in order to qualify for the (4) opposes any effort by the European United States’ visa waiver program; ation. Union to interfere with counterterrorism co- Whereas international law and treaties The PRESIDING OFFICER. Without operation and information sharing between have recognized that— objection, it is so ordered. the Department of Homeland Security and (1) advance information about travelers is The clerk will report the resolution non-European countries. a critical tool in identifying high-risk pas- by title. sengers; and f The legislative clerk read as follows: (2) the intelligence gained from the anal- A resolution (S. Res. 153) recognizing the ysis of passenger travel data is critical for— AMENDMENTS SUBMITTED AND (A) protecting the United States against PROPOSED 25th anniversary of the Chernobyl nuclear disaster. terrorists entering the United States; and SA 319. Mr. REID (for Mr. LUGAR) proposed (B) preventing terrorists from boarding an amendment to the resolution S. Res. 153, There being no objection, the Senate international flights bound for the United recognizing the 25th anniversary of the proceeded to consider the resolution. States; Chernobyl nuclear disaster. Mr. REID. I ask unanimous consent Whereas the Agreement Between the that the amendment at the desk be United States of America and the European f agreed to; the resolution, as amended, Union on the Processing and Transfer of Pas- TEXT OF AMENDMENTS senger Name Record (PNR) Data by Air Car- be agreed to; the preamble be agreed riers to the United States Department of SA 319. Mr. REID (for Mr. LUGAR) to, and the motion to reconsider be laid Homeland Security (DHS), done at Brussels proposed an amendment to the resolu- upon the table. and Washington on July 23 and 26, 2007 (re- tion S. Res. 153, recognizing the 25th The PRESIDING OFFICER. Without ferred to in this resolution as the ‘‘EU-U.S. anniversary of the Chernobyl nuclear objection, it is so ordered. PNR Agreement’’)— disaster; as follows: The amendment (No. 319) was agreed (1) succeeded a series of agreements be- to, as follows: tween 2002 and October 2006; In paragraph (2) of the resolving clause, (2) was intended to remain in effect until strike ‘‘, including the assistance that the (Purpose: To amend the resolving clause) 2014; and United States and the international commu- In paragraph (2) of the resolving clause, (3) complied with European Union and nity have given to the Chernobyl Shelter strike ‘‘, including the assistance that the United States privacy laws by providing as- Fund and the Interim Spent Fuel Storage United States and the international commu- surances that the United States would use Facility’’. nity have given to the Chernobyl Shelter PNR data for limited purposes; f Fund and the Interim Spent Fuel Storage Whereas PNR data gathered pursuant to Facility’’. NOTICE OF HEARING the EU-U.S. PNR Agreement has been used The resolution (S. Res. 153), as to identify and arrest a number of dangerous COMMITTEE ON RULES AND ADMINISTRATION terrorists, including— amended, was agreed to. (1) David Headley, who was planning an at- Mr. SCHUMER. Mr. President, the The preamble was agreed to. tack on Denmark and who contributed to the Committee on Rules and Administra- The resolution, as amended, with its tragedy in Mumbai; and tion will meet on Wednesday, May 11, preamble, reads as follows:

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6865 S. RES. 153 ORDERS FOR TUESDAY, MAY 10, and transfer taxes, and fought hard for Whereas at 1:23 A.M. on April 26, 1986, dur- 2011 reform of landlord-tenant laws. He has ing an experiment, a major explosion oc- Mr. REID. Mr. President, I ask unan- worked day in and day out for the land- curred at the Chernobyl Nuclear Power imous consent that when the Senate owners of our State and for the REAL- Plant in Unit 4, a RBMK 1000-type, graphite- TORS of our State, and he has done it moderated nuclear power reactor in Pripyat; completes its business today, it ad- Whereas the initial explosion dispersed a journ until 10 a.m. tomorrow, Tuesday, in the most professional, comprehen- stream of radioactive particles over nearby May 10; that following the prayer and sive way anybody could possibly do it. towns, farms, and eventually to many other pledge, the Journal of proceedings be He has another great story to tell. countries; approved to date, the morning hour be Keith faced a significant health hazard Whereas 500,000 brave firefighters, engi- deemed expired, the time for the two just a few years ago. He was about to neers, technicians, and emergency workers lose a kidney, and he could have lost worked for more than 6 months to minimize leaders be reserved for their use later in the day; that following any leader his life, but he went through a trans- one of the worst civilian nuclear disasters in plant program in Birmingham, AL. The history; remarks the Senate proceed to a period Whereas radioactivity emanating from the of morning business for debate only transplant was successful, and he reha- Chernobyl disaster has been detected in until 5 p.m., with Senators permitted bilitated himself. Today, he works as Belarus, Poland, Russia, Scandinavia, and to speak for up to 10 minutes each, hard as he did before the injury. Impor- other areas; with the first hour equally divided and tantly, as well, he works as a member Whereas since the disaster, serious health, controlled between the leaders or their of the board of the National Kidney environmental, and socioeconomic repercus- Foundation helping to raise money to sions have been identified in many areas designees, with the majority control- ling the first 30 minutes and the Re- support the transplant program so oth- near the Chernobyl plant; ers who are afflicted as he was will Whereas the Chernobyl Forum, an initia- publicans controlling the next 30 min- tive by the International Atomic Energy utes. have the same cure he has had. Agency in cooperation with the World Finally, I ask unanimous consent So this week, as the REALTORS Health Organization, numerous United Na- that the Senate recess from 12:30 p.m. from Georgia come to town, as I think tions agencies, and the governments of until 2:15 p.m. tomorrow for the weekly they will from every other State of the Ukraine, Belarus, and Russia, was launched caucus meetings. Union, to talk to the Members of the in 2003 to examine the scientific evidence of Senate about laws that affect their in- human and environmental effects of the nu- The PRESIDING OFFICER. Without objection, it is so ordered. dustry and their profession, the one clear disaster at Chernobyl; from Georgia will be led by Keith Whereas the Chernobyl Forum’s examina- f tion of the catastrophe has contributed to Hatcher. As he has for the last 24 years, the understanding of the effects caused by ORDER FOR ADJOURNMENT he will be a voice for home ownership, a voice for lower taxation, and a voice the nuclear disaster; Mr. REID. Mr. President, if there is Whereas, the Chernobyl Forum found that for wide distribution and ownership of no further business to come before the more than 5,000,000 people lived in ‘‘contami- land, which makes the United States of Senate, I ask unanimous consent that nated’’ areas in Ukraine, Belarus, Russia, America the most unique country of it adjourn under the previous order fol- and other countries; any on the face of this Earth. lowing the remarks of Senator ISAKSON Whereas the lives and wellness of people in I am pleased to commend him today the affected areas continue to be impacted of Georgia. on the celebration of his 25th anniver- by the catastrophic Chernobyl nuclear dis- The PRESIDING OFFICER. Without sary representing the Georgia Associa- aster; objection, it is so ordered. tion of REALTORS. Whereas the government of the United The Senator from Georgia. States, the people of the United States, and Mr. President, I yield the floor, and I the international community have provided f suggest the absence of a quorum. contributions to humanitarian organizations The PRESIDING OFFICER. The to address the effects of the Chernobyl dis- CONGRATULATIONS TO KEITH HATCHER clerk will call the roll. aster; The legislative clerk proceeded to Whereas the Chernobyl Shelter Fund (CSF) Mr. ISAKSON. Mr. President, I rise call the roll. was established in December 1997 by the G7, on a point of personal privilege to com- Mr. BROWN of Ohio. Mr. President, I in cooperation with Ukraine; mend a gentleman from Georgia, Mr. Whereas the purpose of the CSF has been ask unanimous consent that the order to construct a safe confinement over the Keith Hatcher. for the quorum call be rescinded. damaged Chernobyl Unit 4 and to convert Twenty-five years ago, when I The PRESIDING OFFICER. Without the site to a stable and environmentally safe worked with my father—my father, objection, it is so ordered. condition; among other things, was the past presi- f Whereas the Nuclear Safety Account dent of the Georgia Association of RE- (NSA), supported by the United States and 16 ALTORS. I remember one afternoon he PROFIT OVER HEALTH other donors, finances the Interim Spent came into my office and said: Son, we Mr. BROWN of Ohio. Mr. President, Fuel Storage Facility that allows for the de- just hired someone today who is going yesterday across this country, we cele- commissioning of Chernobyl Units 1 through 3; to be special. His name is Keith Hatch- brated Mother’s Day, marking the con- Whereas April 26, 2011, is the 25th anniver- er. I want you to be sure and look him tribution of mothers across our coun- sary of the Chernobyl nuclear disaster; and up the first time you get a chance. try. But 2 months ago, the health of Whereas the ongoing crisis in Japan at the Well, about a week later I met Keith. tens of thousands of expectant mothers Fukushima nuclear power plant serves as a I was then a member of the Georgia and their unborn children was threat- reminder to the United States and the inter- Legislature, and I showed him around a ened by a drug company putting profit national community of the need to make little bit. He became the assistant to over public health. Two months ago, strong commitments to nuclear security John Cox, who had been the venerable there was justified public outrage that throughout the world: Now, therefore, be it Resolved, That the Senate— representative of the REALTORS for the cost of a drug hormone, progester- (1) recognizes the 25th anniversary of the years in that State. I saw that spark in one, to prevent premature births went Chernobyl nuclear disaster and the courage Keith Hatcher’s eye, and I knew he was from approximately $10 a dose—20 of the Ukrainian people in persevering to ad- going to be a great one, and a great one doses are needed through the course of dress the consequences of the disaster; he has been. a pregnancy—to $1,500 per dose. The en- (2) commends efforts to mitigate the con- In his 25 years representing the Geor- tire course of the 20-week treatment, sequences of the Chernobyl nuclear disaster; gia association and landowners and therefore, was about $200 three months and (3) requests that the Secretary of the Sen- homeowners around our State, he has ago. Two months ago, it went to ate transmit an enrolled copy of this resolu- fought hard for limitations and curbs $30,000—$200 to $30,000. tion to the Ambassador of Ukraine to the on the power of eminent domain, This was once an affordable, common United States. fought hard for lower ad valorem taxes treatment to help women facing high-

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6866 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 9, 2011 risk labor. I visited Toledo Children’s to $1,500 when they thought they could balance, and I want the companies to Hospital, MetroHealth in Cleveland, get away with it, to $690—as if they continue to invest and move ahead— and St. Elizabeth’s Health Center in thought they were doing America’s while it can be challenging balancing Youngstown to hear directly from pa- women a favor. That means instead of corporate earnings and societal bene- tients and physicians and hospital ex- it being $30,000 for the whole cost of the fits, we can’t lose sight of our responsi- ecutives about how the outrageous pharmaceutical, the 20 doses, it would bility to make innovative medicines price increase affects them. Patients be about $15,000. What a bargain. On available and accessible to as many explained what it was like to overcome top of that, they did what companies people as possible. a previous miscarriage and rely on this whose hands are caught in the cookie I would like to close with a story progesterone to carry to full term jar always do: They hired high-powered about why all this matters. Not too today. Physicians and public health ad- Washington, DC, lobbyists to fight for long ago—last month, I guess it was, vocates explained the risk to women their rights, this exclusivity for this early April—I was in Port Columbus and children’s health if the therapy drug, trying to prohibit the critical International Airport about to fly to were no longer affordable and acces- work of compounding pharmacists. Washington when Karen Turano, whom sible. Hospital administrators and I agree with drug companies; gen- I never met before, walked up to me to State Medicaid directors worried what erally they need to recoup their invest- share her story. She has since e-mailed such an exorbitant increase would ment. I want America’s drug compa- after our discussion where she talked mean to already-stretched budgets. nies to do the boldest, most innovative, about this drug, and she sent me this Meanwhile, several colleagues and I most progressive research in the world, letter: began to ask questions about how and and I want them to make a profit doing I met you at the Columbus airport with my why the increase happened in the first it so they can afford to do it and keep husband Thad and our 17-month-old son place. We are concerned about how doing it. They should reflect the Ryker. Again, I just wanted to say thank companies, private companies, abuse amount of R&D to bring drugs to mar- you for the work you are doing to make the the FDA approval process or manipu- ket, the cost of their manufacture, the progesterone shots affordable again. Our first son, Tyler, was born August 18, late existing rules to shortchange con- cost of their distribution, but in the sumers while those companies reap 2008 and passed away the next day, August case of this progesterone, the case of 19, 2008. I prematurely went into labor at 24 massive windfall profits. That is espe- this pharmacy compound, taxpayers— weeks and had an emergency C-section. cially so because, in addition to in this case, through the National In- Tyler was born at 9:59, weighing 1 pound 10 affixing such a high cost to the drug, stitutes of Health—funded the initial ounces. this company, KV Pharmaceuticals research and continue to fund critical Thad went to be with [my son] since I was from St. Louis, sent a letter threat- research on premature births. KV recovering from surgery. He called me early ening a cease and desist order to Pharmaceutical didn’t do the research; the next morning and told me the worst news compounding pharmacies—those phar- a new mother could hear: There was nothing they bought the exclusive rights to a more that could be done and that Tyler macies that actually make their own monopoly by reimbursing another com- would pass away. My mother-in-law took me progesterone, in this case—a cease and pany—contracting with them—I be- to see and hold Tyler for the first and last desist order to prevent these phar- lieve that actually conducted the clin- time in his precious life. It was devastating. macies from producing it, further so- ical trials and incurring the costs need- Thad and I have since worked with public lidifying KV Pharmaceutical’s monop- ed for FDA approval. health advocates to raise awareness on ways olization in the marketplace. All the Something is very wrong when a to prevent premature births—while following while, pregnant women are left without company with limited R&D invest- doctor’s orders to wait 6 months before we the critical medicine their doctors pre- tried again. ments can grossly overprice a drug After I became pregnant with Ryker, I was scribe for them, and either taxpayers that in its absence virtually guaran- monitored closely and started the progester- foot the bill, insurance companies foot tees an increase in premature births. one shots at 16 weeks which continued the bill, driving the price up, or women Think of the greed involved here. through 36 weeks. simply do without, increasing the num- They paid some number of millions of She had these shots through 20 con- ber of miscarriages, increasing the dollars to do a clinical trial, which was secutive treatments, once a week for 20 number of low-birth-weight babies, in- a good thing. They then brought the weeks. creasing the cost to taxpayers, and in- price from $10 to $1,500—times 20, I am convinced that these shots allowed creasing the heartache in mother after again, with the number of doses people me to carry the pregnancy to term. mother and father after father. need in their treatment. With an ini- Interrupting the letter for a moment, Fortunately, in an unusual re- tial investment of less than $200 mil- understand that when a doctor sees sponse—unusual in the sense that this lion, the first year they would have someone like Karen who has had a case was so dramatically outrageous reaped over $3 billion in revenue. Those pregnancy like she had where a baby and unbelievably greedy on the part of are the kinds of numbers they were op- was born that prematurely, that doctor KV Pharmaceutical executives—the erating on, as if that is fair. understands that a progesterone like FDA did something it doesn’t normally When a company used taxpayer-fund- this progesterone we are talking about do: It asserted its authority and made ed research to produce a drug so impor- can make a huge difference in her car- clear it would not enforce the cease tant that it reduces infant mortality rying her baby to full term. and desist order. What was KV’s re- and birth defects, that company should sponse after the public outrage, after Ryker was born at 38 weeks on October 30, also take on the responsibility for pric- 2009, my Halloween baby. My husband is a the refusal to enforce the cease and de- ing it in a reasonable manner. But Columbus firefighter and I am an attorney sist order, therefore allowing the phar- prices should never be inflated, par- practicing in workers’ compensation. We macies to keep producing the pro- ticularly on a public health drug where look forward to more children in the near fu- gesterone? It reduced the price from this company did not do the basic ture, but the cost of this shot concerns us $1,500 a dose—remember, it was $10 per foundational research; all it did was greatly. We have experienced the horrible dose as recently as 3 months ago. They pay for clinical trials that did not pain of losing a child. No mother or father take a shot every week for 20 weeks prove much more than we already should have to go through this pain. during the pregnancy. It was $10 a dose, knew. A company should never be al- She writes, signed: and they raised it to $1,500. But do you lowed to inflate prices of a public Sincerely, Karen, Thad, Ryker and Tyler know what they did after the FDA and health drug to reap these kinds of mas- Turano. a small number of Democratic Sen- sive profits, nor should the FDA ap- Today is Karen’s birthday, coinciden- ator’s pushed them, embarrassed them proval process ever be manipulated to tally. She celebrates with her son in public? They brought the price down achieve that same end, which it was. Ryker and husband Thad and other to $690 a dose. It went from $10 when While balancing the benefits of cor- family and friends—and she does with compounding pharmacies were doing it, porate profit—and I understand the Tyler in her memory. I thank Karen

VerDate Mar 15 2010 12:25 May 20, 2014 Jkt 099102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR11\S09MY1.001 S09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6867 for sharing her story and the patients THE UNITED STATES OF AMERICA FOR SPECIAL POLIT- NATHAN J. ABEL ICAL AFFAIRS IN THE UNITED NATIONS, WITH THE RANK RYAN E. ABELLA in Toledo, Cleveland, Youngstown, and OF AMBASSADOR. KEITH A. ABSTON across our Nation and State who have JEFFREY DELAURENTIS, OF NEW YORK, A CAREER ADAM D. ACKERMAN MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF JASON M. ADAMS spoken about this, who deserve the af- COUNSELOR, TO BE AN ALTERNATE REPRESENTATIVE MICHAEL A. ADAMS fordable and accessible treatment they OF THE UNITED STATES OF AMERICA TO THE SESSIONS ROBIN E. ADAMS OF THE GENERAL ASSEMBLY OF THE UNITED NATIONS, STEVEN A. ADAMS need. I am optimistic we can continue DURING HIS TENURE OF SERVICE AS ALTERNATE REP- TODD J. ADAMS to find ways to ensure that the major- RESENTATIVE OF THE UNITED STATES OF AMERICA FOR BRIAN C. ADKINS SPECIAL POLITICAL AFFAIRS IN THE UNITED NATIONS. JASON M. AFTANAS ity of women in this country will still JEANINE E. JACKSON, OF WYOMING, A CAREER MEM- ALLEN Y. AGNES have access to affordable versions of BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- BRADFORD K. AIKENS ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- ERICA M. AKIN this critical lifesaving injection. It DINARY AND PLENIPOTENTIARY OF THE UNITED STATES DAVID A. ALBIN should not take public outrage, it OF AMERICA TO THE REPUBLIC OF MALAWI. MICHAEL JOHN ALBRECHT WILLIAM H. MOSER, OF NORTH CAROLINA, A CAREER FREDERICK A. ALCAZAR should not take congressional action, MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF NICOLAS S. ALCOCER it should not take the FDA altering a MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- WESLEY J. ALDERMAN DINARY AND PLENIPOTENTIARY OF THE UNITED STATES NATHAN G. ALEXANDER policy it normally doesn’t alter for a OF AMERICA TO THE REPUBLIC OF MOLDOVA. TROY E. ALEXANDER MATTHEW H. TUELLER, OF UTAH, A CAREER MEMBER company to do the right thing. SHANE W. ALFAR OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- MICHAEL C. ALFARO Mr. President, as you know, with the COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND MICHEL D. ALLAIN PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DAVID K. ALLAMANDOLA unemployment in your State and the TO THE STATE OF KUWAIT. ANTHONY J. ALLEN unemployment in my State and the HARRY S TRUMAN SCHOLARSHIP FOUNDATION BRADLEY B. ALLEN problems we have as a nation on so WILLIE J. ALLEN II LAURA A. CORDERO, OF THE DISTRICT OF COLUMBIA, SHAREEF J. ALMASRI many levels, this is particularly out- TO BE A MEMBER OF THE BOARD OF TRUSTEES OF THE MATTHEW R. ALTMAN rageous because this progesterone is a HARRY S TRUMAN SCHOLARSHIP FOUNDATION FOR A BRIAN N. ALVAREZ TERM EXPIRING DECEMBER 15, 2015, VICE JUANITA ERIC G. ALVAREZ public health pharmacy compound that ALICIA VASQUEZ-GARDNER, TERM EXPIRED. RYAN M. ALVEY has worked and meant many more THE JUDICIARY MICHAEL W. ALWES, JR. RYAN T. AMBROSE women will have safe births with grow- STEPHEN A. HIGGINSON, OF LOUISIANA, TO BE UNITED SEAN R. AMES ing, healthy children, contrasted with, STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT, VICE MATTHEW P. ANASTAS JACQUES L. WIENER, JR., RETIRED. ALISON M. ANDERS if they do not have the opportunity to IN THE NAVY CHRISTOPHER S. ANDERSEN get this progesterone at a reasonable DAVID M. ANDERSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT EDWARD L. ANDERSON rate, at a reasonable price, we know IN THE UNITED STATES NAVY TO THE GRADE INDICATED JEFFREY P. ANDERSON what happens then. But rest assured, UNDER TITLE 10, U.S.C., SECTION 624: JOSHUA THOMAS ANDERSON To be rear admiral KEITH M. ANDERSON we will keep up the outrage, and we MATTHEW K. ANDERSON will continue to move through Con- REAR ADM. (LH) WILLIAM E. LEIGHER MICHAEL J. ANDERSON PETER B. ANDERSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TOMMY G. ANDERSON, JR. gress, if that is what it takes, to get IN THE UNITED STATES NAVY TO THE GRADE INDICATED ROBERTO A. ANDINOBERTIEAUX progesterone at an affordable price to UNDER TITLE 10, U.S.C., SECTION 624: ROBERT JAMES ANDREE America’s women. To be rear admiral SCOTT ANDRESEN It is an outrage what KV Pharma- NATHAN P. ANDREWS REAR ADM. (LH) DOUGLAS J. VENLET IONIO Q. ANDRUS ceuticals did. I applaud the FDA for THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STEVEN E. ANGELOFF changing its policy to make it more ac- IN THE UNITED STATES NAVY TO THE GRADE INDICATED KAREN A. ANGLIN UNDER TITLE 10, U.S.C., SECTION 624: JUSTIN A. ANHALT cessible. To be rear admiral JASON P. ANNIS I ask KV Pharmaceuticals to again TONY S. APONTE REAR ADM. (LH) DAVID C. JOHNSON MATTHEW APRICENO ERIC D. ARCARA come to the table. Instead of lobbying THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Congress to get their way and make a IN THE UNITED STATES NAVY TO THE GRADE INDICATED JONATHAN L. ARD UNDER TITLE 10, U.S.C., SECTION 624: PAUL M. ARKWELL huge amount of money on a relatively TIMOTHY L. ARMENDINGER small investment, I ask them to come To be rear admiral MATTHEW T. ARMSTRONG PATRICK H. ARNN REAR ADM. (LH) DONALD E. GADDIS to the table and work with us so we can TRENT E. ARNOLD make this very important pharmacy THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM J. ARNOLD IN THE UNITED STATES NAVY TO THE GRADE INDICATED STACIE M. ARRASMITH compound accessible to all American UNDER TITLE 10, U.S.C., SECTION 624: JAMES F. ARTHUR women whose doctors prescribe it to To be rear admiral JOHNATHAN M. ARTIS WILLIAM C. ATKINS them. REAR ADM. (LH) BARRY L. BRUNER GREGORY BRIAN AUERBACH I yield the floor. REAR ADM. (LH) JERRY K. BURROUGHS SCOTT E. AXELSON REAR ADM. (LH) JAMES D. CLOYD TENOCH J. AZTECATL f REAR ADM. (LH) MICHAEL T. FRANKEN CURTIS S. BAACK REAR ADM. (LH) BRADLEY R. GEHRKE ANDREW J. BABIARZ ADJOURNMENT UNTIL 10 A.M. REAR ADM. (LH) ROBERT P. GIRRIER JEFFREY M. BACHERT REAR ADM. (LH) PAUL A. GROSKLAGS CHRISTIAN BACKHAUS TOMORROW REAR ADM. (LH) SINCLAIR M. HARRIS RUSSELL S. BADOWSKI REAR ADM. (LH) MARGARET D. KLEIN JAY P. BAER The PRESIDING OFFICER (Mr. REAR ADM. (LH) RICHARD B. LANDOLT JONATHAN B. BAIZE MERKLEY). Under the previous order, REAR ADM. (LH) BRIAN L. LOSEY BRIAN J. BAKER REAR ADM. (LH) WILLIAM F. MORAN JACOBY L. BAKER the Senate stands adjourned until 10 REAR ADM. (LH) TROY M. SHOEMAKER STEPHEN D. BAKER a.m. tomorrow. REAR ADM. (LH) DIXON R. SMITH STEVEN N. BAKER REAR ADM. (LH) ROBERT L. THOMAS, JR. MIRANDA S. BALDWIN Whereupon, the Senate, at 6:58 p.m., IN THE MARINE CORPS ERIC J. BALL adjourned until Tuesday, May 10, 2011, LUCAS D. BALL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JASON G. BALLARD at 10 a.m. AS COMMANDER, MARINE FORCES RESERVE TO THE KIMBERLY A. BALLENSKI GRADE INDICATED IN THE UNITED STATES MARINE ERIC A. BALLEW f CORPS WHILE ASSIGNED TO A POSITION OF IMPORTANCE EDWARD R. BALZER AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS MICHAEL R. BALZOTTI NOMINATIONS 601 AND 5144: THOMAS J. BANASZAK To be lieutenant general MELISSA RUFF BANISTER Executive nominations received by DANE M. BANNACH the Senate: MAJ. GEN. STEVEN A. HUMMER GREGORY R. BARBER JOSEPH A. BARBER DEPARTMENT OF DEFENSE IN THE AIR FORCE RICHARD BARBER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KAREN D. BARBOUR BARBARA K. MCQUISTON, OF CALIFORNIA, TO BE AN MELINDA K. BARBOURWORD ASSISTANT SECRETARY OF DEFENSE. (NEW POSITION) IN THE GRADE INDICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 531(A) AND 716: LINUS J. BARLOON II DEPARTMENT OF STATE NEILS C. BARNER To be major DOUGLAS R. BARNES MICHAEL H. CORBIN, OF CALIFORNIA, A CAREER MEM- JAMIE L. BARNES PETER J. AVALOS BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- MELANIE S. BARNES ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NICHOLAS M. BARNES DINARY AND PLENIPOTENTIARY OF THE UNITED STATES TO THE GRADE INDICATED IN THE UNITED STATES AIR ROBERT J. BARNES OF AMERICA TO THE UNITED ARAB EMIRATES. FORCE UNDER TITLE 10, U.S.C., SECTION 624: SANDRA KAY BARNES JEFFREY DELAURENTIS, OF NEW YORK, A CAREER To be major MELVIN L. BARNHILL III MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF KIMBERLY N. BARR COUNSELOR, TO BE ALTERNATE REPRESENTATIVE OF MICHAEL W. AAMOLD DANIELLE J. BARRASS

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JASON R. BARRASS KEVIN R. BRADLEY ROWLAND CARDONI ERIN MICHELL BARRETT TIMOTHY BRADY BENJAMIN DONALD CARICOFE HOLLIE A. BARRETT BROOKE K. BRANDER ANTHONY MAURICE CARISTI BRUCE D. BARRY HERMAN BRANDON III MARK E. CARL ANDREY BARSHAY DAVID WILLIAM BRANDT, JR. CHRISTOPHER J. CARNDUFF JASON R. BARTA OLGA H. BRANDT IAN CHRISTOPHER CARNEY PATRICE E. BARTH ROBERT G. BRANHAM SPEIGHT H. CAROON RICHARD J. BARTHOLOW GREGORY J. BRAULT BRENT S. CARPENTER ARTHUR C. BARTON JASON C. BRAUN BRIAN N. CARPENTER MICHELLE A. BARTZ ROBERT L. BRAWLEY, JR. ROBERT B. CARPENTER STEVEN F. BARYZA JEFFREY D. BRAXTON TODD E. CARPENTER RUSSELL D. BASTIAN VAUGHN S. BRAZIL PATRICK F. CARPIZO MICHAEL T. BATCHELOR, JR. ANTHONY WADE BRECK JOSEPH W. CARR, JR. LUKE A. BATES MARK W. BREED ROBERT E. CARREIRO BYRON F. BATEY TAMMY LYNN BREINER NATHAN J. CARRELL ANGELA BATTS DAVID A. BREITENBACH VICTOR CARRILLO JEFFERY M. BAUMGART ROBERT L. BRELAND JOHN J. CARROLL III HERMAN L. BAXTER JASON T. BRESLEY MARCUS JAMES CARROLL BENJAMIN A. BEADLES DERRICK W. BREWER WARREN A. CARROLL JOSEPH DELANE BEAL PAUL J. BREWER ANTHONY L. CARSON DANIEL P. BEALL KELLY A. BRIDGEFORTH CHRISTOPHER M. CARSON ANTHONY R. BEAN ONASSIS E. BRIDGERS BROOKE K. CARTER ADRIENNE DEANNA BEARD CHAD JAMES BRIGGS JAMES M. CARTER JEANCLAUDE BEASLEY DAVID S. BRILL JOSHUA L. CARTER MICHAEL A. BEAUDET BILLY F. BRINSFIELD III JAYLENE S. CARTERET MEREDITH A. BEAVERS SANTOS BRIONES LOUIS R. CARVIN BRYAN K. BECK WILLIAM L. BRITTON WILLIAM R. CASAREZ ANDREW I. BECKETT STEPHEN J. BROGAN NATHAN A. CASE CARL F. BECKEY PATRICK D. BROM JOHN P. CASEY DOUGLAS M. BECKMAN, JR. MATTHEW R. BROOKS TIMOTHY B. CASEY II KENNETH B. BEEBE III MICHAEL D. BROOKS TODD J. CASKEY RYAN M. BEHRINGER MARK EDWARD BROW MATTHEW S. CASPERS ALFORT BELIN III ANDREW F. BROWN III CHRISTOPHER M. CASS ISAAC T. BELL ARLENE CECILIA BROWN JOSHUA H. CASSON JONATHAN B. BELL AYANNA T. BROWN JEREMIAH CASTILLO MATTHEW L. BELL BETHANY J. BROWN CHRISTOPHER T. CASTLE MATTHEW M. BELLE DONALD DANLEY BROWN PATRICIA CASTRO RENE D. BELLO DUSTIN W. BROWN CATHLEEN E. CASWELL JOSEPH P. BELLUCCI GABRIEL C. BROWN DAVID C. CASWELL DEAR BELOVED JAMES P. BROWN DARRELL L. CATES JOHN D. BELT JERRAD H. BROWN DAVID J. CATHELL CHRISTOPHER P. BENDIG MARK F. BROWN CAREY H. CAUDELL TIFFANY H. BENDORF REBECCA S. BROWN RYAN F. CAULK JOHN T. BENGTSON RICHARD ARAM BROWN ANDREW J. CAVALLERO ANDRES BENITEZ ROBERT H. BROWN JANIS R. CAVINDER BRANDON S. BENNETT ROBERT J. BROWN DALE L. CAWTHON CHRISTOPHER J. BENNETT STEVEN G. BROWN, JR. TODD A. CAYER HEATHER M. BENNETT WILLIAM L. BROWN BRAD W. CAYWOOD DANIEL RAY BENTLEY JASON FORBES BROWNE THOMAS A. CECH DOUGLAS WILLIAM BENTON JOSEPH S. BROWNING THEODORE P. CELEN JAVIER L. BENTON KELLIE M. BROWNLEE DAVID L. CELESTE, JR. KJIRSTIN A. BENTSON ANDREW R. BRUCE AARON S. CELUSTA GORDON E. BERAN II MATTHEW R. BRUCKNER SIOBHAN C. CELUSTA JACOB R. BERGMANN BENJAMIN T. BRYANT JOEL D. CEPEDA MET M. BERISHA LEE W. BRYANT ADRIAN B. CERCENIA CLIFFORD F. BERMODES, JR. MARK B. BUCHY DANIEL A. CHACON GEORGE E. BERRY BRIAN J. BULLEY GREGORY A. CHAMBERS MARK J. BERTHOT JOHN S. BULMER JOSHUA CORY CHAMBERS SCOTT F. BEUSCH CHRISTOPHER D. BULSON MICHAEL A. CHAMPAGNE JAMES C. BEYER JOYCE A. BULSON REYNALDO CHAMPION FRANK A. BIANCARDI NATHAN D. BUMP YINGWAI CHAN JASON P. BIANCHI DANIEL A. BUNCH ROY M. CHANDLER, JR. JOSHUA M. BIEDERMANN ROGERNETTA BURBRIDGE MARK D. CHANG MICHAEL P. BIELAS ERIC W. BURGER PATRICK S. CHAPIN MARK C. BIGLEY SHANNON M. BURKE JOHN L. CHAPMAN KEVIN M. BILLUPS FRANK R. BURKS JOSEPH D. CHAPMAN ADAM DEWAIN BINGHAM KEVIN F. BURNS TIMOTHY A. CHAPMAN DAVID R. BIRD MICHAEL L. BURRELL GARY W. CHARLAND, JR. JONATHAN D. BIRNBAUM CHARLES R. BURRIS CHRISTOPHER S. CHARLES ROBERT E. BITTNER CODY R. BURROUGHS MOLLY T. CHESTER FREDDIE W. BIVENS MICHAEL S. BURTON COLE GARRETT CHILDERS JEFFREY R. BLACKBURN BRIAN M. BUSCHUR JASON R. CHILDS JOHN G. BLACKBURN DONALD R. BUTCHER, JR. CARRIE LYNNE CHILSON DAVID J. BLAIR JONATHAN W. BUTTS MARK J. CHIOFOLO ERIC M. BLAKELY ROBERT M. BYRD MICAH R. CHOLLAR LUKE A. BLEDSOE BLAIR W. BYREM BENJAMIN DOUGLAS CHOWN PHILLIP S. BLEVINS GERARDO CABALLERO JOHN RAYMOND CHRAMPANIS JON D. BLIDE DAVID A. CABAN ADRIAN S. CHRISTENSEN RONNIE KEITH BLOUNT JAYSON WILLIAM CABELL DEVON T. CHRISTENSEN NIA K. BLUFORD BERNIE F. CABILES RICK D. CHRISTIE GREGORY R. BODENSTEIN JONATHAN A. CABILLAN DANIEL P. CHRISTMAN JEFFREY A. BODWELL ANABELLE CABREJA GEORGE ANDREW CHRISTOPH DANIEL E. BOEH ROBIN E. CADOW MAXWELL L. CHRISTOPHERSON DARIN R. BOEN ERNEST L. CAGE DENISE A. CHROSNIAK ANNETTE S. BOENDER MATA ELMO CAIN JOSHUA J. CHUMLEY PAUL M. BOGACZ PATRICK D. CAIN LANCE W. CHURCH SHANE M. BOHLMAN JAMES T. CALDWELL KATHLEEN MARIE CICHON JAROD KRISTEN BOLDT JESSE P. CALDWELL MARK E. CIPOLLA BEDE A. BOLIN JOHN D. CALDWELL CHAD KENNETH CISEWSKI BARTON J. BOMA SHANNON D. CALEB CORY L. CLAGETT CHRISTOPHER K. BONAR BENJAMIN G. CALHOON JOSEPH C. CLANCY ANGELO M. BONAVITA JOHNNY CALHOUN JOSEPH A. CLAPSADDLE DOMONIC S. BONELLO PAUL J. CALHOUN ANDREW D. CLARK STEPHEN L. BONIN NELSON D. CALIMLIM, JR. BRIAN C. CLARK KEITH R. BONSER BRYAN A. CALKIN DAVID BONE CLARK III JOSEPH S. BOOKER, JR. RICKY CAM DAVID L. CLARK MATTHEW W. BOOTH WILLIAM A. CAMBRON MCKAYLA C. CLARK JEFFREY M. BORKOWSKI GLENN S. CAMERON SHARBE L. CLARK JOSEPH J. BORRELL JEREMIAH J. CAMP ADAM E. CLARY DENNIS M. BORRMAN ANTHONY P. CAMPBELL RYAN CHARLES CLAYCAMP JESSICA K. BORRMAN CHARLES D. CAMPBELL, JR. CLARK K. CLAYTON ROSA C. BOSWELL ERICA CATHERINE CAMPBELL WILLIAM J. CLAYTON III ANDREW M. BOUCHARD JOHN M. CAMPBELL JOHN T. CLEGG ROBERT E. BOUCHILLON JOSHUA S. CAMPBELL ANDREW G. CLEMMENSEN BRADLEY N. BOUDREAUX STEPHEN A. CAMPBELL JOSEPH G. CLEMMER JOEL C. BOURNE PAUL A. CANCINO JEFFREY JOHN CLESSE ANDREW B. BOWENS JAMES ANTHONY CANTRELL DAVID M. CLONTZ TRACI L. BOWMAN HUBERT J. CANTWELL CARL P. CLOSE BRAD P. BOWYER DAVID T. CAPONIO JONATHAN D. CLOUGH BROOKE E. BOZARTH JAMES M. CARBONE II BRYAN M. CLUNE BRADLEY E. BRADDOCK DOMINIC A. CARDELLA THOMAS C. CO GARY A. BRADLEY MARCO A. CARDENAS ANTHONY S. COATS

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CHRISTOPHER J. COBB CHRISTOPHER M. DE WINNE RODERICK R. EDWARDS BRETT W. COCHRAN JASON EDWARD DECOURCEY STEPHEN R. EDWARDS SHAWN E. COIL NICHOLAS J. DEFAZIO COY W. EGBERT JEREMY W. COLE PAMELA J. DEFAZIO JOSHUA W. EHMEN JOSHUA ALLEN COLE MARK ALAN DEGENHARDT CHARLES L. EICHNER JOSEPH A. COLELLA RYAN J. DEIS ADELEKE O. EKUNDAYO IRIS P. COLEMAN JULIO A. DELANOY JOSEPH W. ELAM, JR. LINCOLN T. COLEMAN CIRO E. DELAVEGA III MIKAL L. ELDER CHRISTIAN E. COLLAMORE JEROME C. DELEON GUERRERO MANSOUR G. ELHIHI DANIEL M. COLLETTE CHARISSA V. DELION DAVID W. ELKINS GEORGE E. COLLINGS JOHN G. DELION MARK D. ELKINS CHRISTOPHER M. COLLINS JAMES L. G. DELPH JEFFREY E. ELLIOTT JEFFREY P. COLLINS JAMES Z. DEMCHAK JAMES A. ELLIS, JR. JOSE M. COLON SEAN G. DEMETER JAMES C. ELLIS KENYA E. COLON JAMES J. DEMIS JASON M. ELLIS JAMES V. COMPOLI KATHRYN A. DENDEKKER KRISTINA L. ELLIS WILLIAM M. COMPTON GORDON Z. DENG TROY R. ELLIS NICHOLAS A. CONDON ALBERT S. DENNEY TYLER J. ELLISON NICHOLAS J. CONKLIN ANDRETTA L. DENNIS JAKE ALAN ELSASS DOMINIC D. CONLAN DAVID M. DEPIAZZA PETER T. EMERTON MICHAEL K. CONLEE JODELL A. DEREUS JAMES G. EMERY PATRICK M. CONNELLAN JACLYN N. DEROUSH ANTHONY E. EMMERLING, JR. GEOFFREY B. CONNICK BRAD JUDE DESMITH JAMES K. EMORY, JR. CHRISTOPHER J. CONOVER JARED T. DETLOFF ANDREW N. EMSLIE JOHN J. CONTRERAS JENNIFER K. DETTMER MICHAEL E. ENDRES DANIEL W. CONVERSE ROBERT KRISTOPHER DEUEL JESSE A. ENFIELD ANDREW L. COOK MATTHEW J. DEUFEMIA ROSE A. ENGLEBERT DAVID M. COOK MERSADIES N. DEVLIN STEVEN J. ENGLER LANE A. COOK WILLIAM W. DEWALT SCOTT B. ENGLISH MARLIS C. COOK DARIN D. DIAL SAMUEL J. ENSMINGER TREVOR M. COOK SANDRA JANE DIAS BRIAN C. EPPERSON EDITH D. COON JESUS DIAZ JOSEPH M. EPPERSON AARON M. COOPER GEORGE S. DIBBLE MATTHEW D. EPPLIN CHRISTOPHER B. COOPER MATTHEW B. DIBBLE ANTHONY PAUL ERARD GARY L. COOPER EDWARD F. DICE, JR. BRIAN J. ERICKSON PAUL M. COOPER BRYAN E. DICK CHARLES ALAN ERICKSON CHRISTOPHER CORBETT JOHN M. DICKENS CHRISTINA EILEEN ERICKSON LISA M. CORLEY JONATHAN C. F. DIEDRICH TARA J. ERLANDSON JOSEPH A. CORPENING JEREMY SCOTT DIERINGER JUSTIN WAYNE ERWIN ROBERT T. CORSI MARK J. DIESING STEPHEN P. ERWIN, JR. JOHN B. CORTNEY MARCKENSON DIEUJUSTE KEMMEY J. ESTEBAN CHRISTOPHER E. CORYELL JAMES K. DILLARD AMY C. ESTES GARY S. COSTELLO STEVEN P. DILLENBURGER GREGORY D. ETTER PAULA C. COTTRELL DANA M. DILLING ERIC W. ETTESTAD BENJAMIN W. COUCHMAN NORMAN NERU M. DIMALALUAN JASON R. EVANS DANIEL LEE COULTER DAVID T. DINAN KAREN VALERIE EVERMAN ERIC A. COULTER MAXWELL D. DIPIETRO ANTHONY J. EWERS KELLIE S. COURTLAND KYLE M. DISHMAN RACHAEL MUNRO OTT FAGAN DEANE ERNEST COVER TAMILYN S. DISMUKES MATTHEW A. FAHRNER ROBERT M. COWAN DANIEL W. DITTRICH ERIC KASMER FANCHER RYAN N. COX DION R. DIXON STEVEN R. FARGO ADAM V. COYNE KENNETH E. DIXON III BRANDON IGNATIUS FARINELLI CHRISTOPHER L. CRABB PHILLIP M. DOBBERFUHL BRIAN K. FARISS CASEY R. CRABILL JOHN R. DOBBINS JEREMY JAKE FARLAINO DUANE A. CRAFT MARVIN O. DOBBS BRANDON S. FARLEY TODD M. CRAIG JULIA P. DOCKERY JAYSON L. FARMER MARK A. CRAMER JUNO H. DOCKUM ERIC C. FARQUHAR KENT J. CRANE ERIC CHARLES DOCTOR SHANNON M. FARRELL DENNIS P. CRAWFORD RONALD E. DODOLAK ANTHONY M. FATTIZZI DAVID C. CREECH BRIAN A. DODSON FRANK FAULHABER IV GREGORY S. CRESSWELL DERRICK R. DODSON ERIC R. FAULK GREGORY K. CREW TIMOTHY E. DODSON HERMAN B. FEDRICK CARRIE D. CREWS DYLAN D. DOMBRET WILLIAM J. FEJERAN JEFFREY S. CRIDER BRIAN R. DONEHUE HEATHER M. FENNEL PAUL D. CRILE KEVIN J. DORMER GERALD DAVID FENSTERER JOSEPH PAUL CRISPEN ANDREW I. DORN NICHOLAS G. FERANEC DAMEN MARK CRISWELL DANIEL O. DORRANCE GERALD J. FERDINAND THOMAS H. CRITTENDEN JOEL D. DOSS WILLIAM M. FERGUSON BRIAN L. CROSBY SCOTT L. DOSS JENNIFER S. FERRAU RYAN A. CROWLEY HARLEY K. DOUBET LAWRENCE J. FIALA VERONIQUE M. CRUIKSHANK CURTIS W. DOUGHERTY PAUL JOSEPH FIASCONARO BRIAN T. CRUM PAUL S. DOUGHTY DANIEL B. FICKLIN DAVID A. CRUSOE GREGORY S. DOUGLAS SHAWN T. FIEBIGER FERNANDO J. CRUZ SCOTT K. DOYER DAMON G. FIELD STEVEN E. CRUZ JESSE S. DOYLE KENNETH W. FIELDS MICHAEL J. CULHANE JEFFREY A. DRISCOLL ROBERT A. FIELDS BRIAN D. CUMMINGS CARL A. DRIVER MANOLITO FIGUEROA STEPHAN E. CUMMINGS STEVE DROTOS III JOANNE L. FINAN JAMES BRIAN CUMMINS JOSEPH A. DRUMMOND ROGER L. FINLEY RAQUEL W. CUMMINS MARK O. DUCKSWORTH ERIK S. FISHER SEAN P. CUNNIFF MATTHEW R. DUDDERAR JEFFREY G. FISHER CHARLES R. CUNNINGHAM JOHN C. DUEMLER III KAREN A. FISHER IAN M. CUNNINGHAM YON P. DUGGER MICHAEL JASON FISHER JEFFREY G. CUNNINGHAM EMMANUEL VALDEZ DULAY, JR. BRADLEY W. FISKE MATTHEW A. CUNNINGHAM ERIN M. DUNAGAN SPENCER M. FITE PETER A. CUNNINGHAM TIMOTHY J. DUNAGAN KATHRYN E. FITZGERALD ERIC Z. CURRIE DAVID JOHN DUNCAN THOMINA M. FITZGERALD TERSHA LEE CURRIER JAN JAYDEE S. DUNGCA BRIAN M. FITZPATRICK JEFFREY J. CURRY CHRISTOPHER DUNSTON ROBERT J. FITZPATRICK MICHAEL J. CURRY BRIAN C. DUREN JAMES T. FLAGG, JR. STEVEN D. CURTIS FRANK J. DURESKY IV MATTHEW P. FLAHIVE TONY L. CURTIS, JR. DANIEL P. DUTCHER ERIC A. FLEMING TODD A. CURTRIGHT DEREK R. DWYER SHAUN S. FLINT JONATHAN R. CZARNEY TODD C. DYE MICHAEL J. FLONACHER KEVIN PATRICK DACY WILLIAM P. DYER THOMAS PIERSON FLOOD BENJAMIN G. DAINTY JACK A. DYMOND, JR. FEDERICO FLORES III SHIRAZ DALAL JOHN R. DYSON DAVID M. FLOWERS BRYAN A. DALTON DARYL A. EASLER JARED L. FLOYD JEFFREY M. DAMRON SHAUN M. EASLEY KEVIN C. FLOYD ROBERT D. DANYLUK GERALD G. EASTMAN, JR. BRIAN M. FLUSCHE HOWARD K. A. DARLING RYAN M. EASTON DEREK B. FLYNN ROBERT D. DAUGHERTY JOHNATHAN A. ECCLES MATTHEW T. FLYNN TERRY M. DAUGHERTY BRET ECHARD MARK J. FOGEL SUSAN K. DAVENPORT JEFFREY WESTON EDENS DESHAWN C. FOGLE RYAN J. DAVIDSON BRANDON B. EDGE JOSHUA A. FOGLE CHRISTOPHER F. DAVINO JOSEPH O. EDINGTON MATTHEW P. FOISY BRADLEY G. DAVIS ANGELA C. EDMONDSON BRYAN R. FOLEY BRIAN SANDERS DAVIS EDDIE EDWARDS, JR. JOHN E. FOLEY DONAVON R. DAVIS FREDERICK A. EDWARDS PATRICK J. FOLEY GERALD D. DAVIS JENNIFER A. EDWARDS CHRISTOPHER LEE FORD JASON A. DAVIS KENNETH D. EDWARDS JAY C. FORD JAMES M. DAVITCH NICHOLAS S. EDWARDS LANCE A. FORD

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JEFFREY A. FORNESS JOEL E. GORHAM ROBERT B. HARTLAGE DAMEN A. FORTE GREGORY L. GOUGH TRAVIS N. HARTLEY JEREMY P. FORTIER JEREMY L. GOULD BRANDAN M. HARTMANN RAYMOND JEFFERY FORTNER ERICH F. GRADE JUSTIN K. HARVEY LARRY W. FORTSON, JR. JOSEPH L. GRAHAM III KEVIN M. HARVEY BRADLEY S. FOSTER MONIQUE CHERIE GRAHAM RYAN J. HARVEY BYRON C. FOSTER MICHAEL C. GRANBERRY RYAN K. HARVEY JOSEPH D. FOSTER, SR. DAVID J. GRASSO BRIAN W. HASBROUCK MATTHEW FOSTER AARON T. GRAY WILLIAM J. HASSEY JASON M. FOWBLE ANDREW P. GRAY JACKIE J. HATLEBERG JONATHAN ALLEN FOX JAMIE P. GRAY DANA HATTABAUGH JONATHAN R. FOX SAMUEL D. GRAY III MICHELLE A. HAWK RUSSELL E. FOXWORTH ZACHARY C. GRAY WADE A. HAWKINS ERIC D. FRAHM ESTHER M. L. GREEN CODY L. HAWKINSON JAMES CHIN KAB FRANCIS FLOYD F. GREEN JAMES H. HAYES III DERRICK R. FRANCK KELLI R. GREEN JOHNNY T. HAYES SCOTT S. FRANK KEVIN G. GREEN TAUNYA W. HAYES BRANDON L. FRANKLIN ARIANE ELISE GREENMAN MARSHAL T. HAYLETT MICHAEL J. FRASCO ROBERT C. GREESON JOSEPH A. HAYNES KENNETH C. FRAVOR HEIDI N. GREGORY SCOTT M. HAZY TANYA A. C. FRAZIER MICHAEL K. GREGSTON DANIEL T. HEALEY STEPHEN E. FREEDMAN TIMOTHY GRIFFITH MATHEW J. HEATHVANHORN JONAS W. FREEL JOHN E. GRIFFITHS RICHARD M. HEBB AUSTIN J. FREEMAN LAURA L. GRIGGS ROBERT W. HEBERT BRENT W. FREEMAN DAVID ALAN GRIGSBY BRIAN DAVID HECK NATHANIEL FREEMAN ROBERT E. GRIMMETT III JEREMY D. HEDGES RAHSUL J. FREEMAN CHAD RONALD GRONDAHL DANIEL B. HEELY WILLIAM E. FREIENMUTH LORINE A. GROSSO STEWART DAWN L. HEFFELFINGER MARK JOSEPH FREITAS JON GROSSRHODE COLEITHA M. HEFFNER BIF B. FRENCH JOHN R. GROTH CHAD L. HEIMAN MEGHAN M. FRIDLEY GEIGER CHRISTOPHER A. GUARENTE OWEN R. HEIN ELIZABETH F. FRIEBEL JARED N. GUDE NATHANIEL T. HELD HARRISON ISAAC FRIED CHRISTOPHER A. GUERRETTE TIMOTHY M. HELFRICH SCOTT S. FROHARDT DAVID B. GUETTLER MICHAEL M. HELGESON KENNETH F. FRYAR III GREGORY M. GUEVARA ROBERT C. HEMBACH TIMOTHY J. FRYAR TRAVIS C. J. GUIDT MATTHEW L. HENCKE JOHN C. FUCCILLO JEROMY B. GUINTHER COLIN D. HENDERSON CHAD D. FULLER ZACHARIAH C. GUMMERT JENNIFER LEE HENDERSON GARY T. FUNKHOUSER IDOLA HENRY GUNN JOSHUA JAMES HENDERSON WYCKLIFFE R. FURCRON DAVID R. GUNTER MARK T. HENDERSON JOSHUA L. FUTCH JENNIFER L. GURGANUS RONALD E. HENDERSON JENNIFER A. FYFFE LAURA K. GURGANUS JACOB A. HENDRICKSON TERRY L. GABLE CHRISTOPHER M. GUSTIN PAUL D. HENDRICKSON THOMAS P. GABRIELE MENOLA M. GUTHRIE JONATHON I. HENRY KATHRYN K. GAETKE CATHERINE E. GUTIERREZ SHELBY B. HENRY RYAN M. GAFFANEY LUPE GUTIERREZ MICHAEL J. HENSON LUIS D. GALLARDO, JR. MICHAEL A. GUY DAVID M. HENZE MICHAEL L. GALLUCCI DAVID H. GWILT ANTHONY C. HENZEL ALEX S. GAPAS SCOTT A. HAACK TRAVIS J. HERBRANSON GLENN A. GARCIA THOMAS W. HAAS MARIA B. HEREDIA LUIS A. GARCIA CURT A. HAASE JIMMY A. HERNANDEZ RUDYARD J. M. GARCIA JAMES E. HABECK MARIO HERNANDEZ MICHAEL WILLIAM GARD SAIDA M. HAGE CARY W. HERNDON III HUGH E. GARDENIER JAMES C. HAGEMIER JESSE JOHN N. HERRERA ANNE M. GARDNER NICHOLAS J. HAHN COLIN N. HESS CARRIE R. GARDNER TIMOTHY G. HAHN CHRISTOPHER D. HETRICK SEAN B. GARELL ROBERT W. HAIRSTON RANDALL J. HEUSSER JONATHAN M. GARNER DAVID A. HAJEK CLIFFORD ALLEN HEWITT II SHANE W. GARNER MARSHALL E. HAKER JOSEPH A. HEXT BERNADETTE GARRETT CALEB MICHAEL HALEY MICHAEL J. HICKAM KENDA MARIE GARRETT BRIAN P. HALL DONALD G. HICKS MICHAEL D. GARROTT MARK E. HALL JUSTIN A. HICKS MATTHEW S. GARVELINK RAYMOND LYNN HALL SHAWN D. HIGBEE JUDY A. GARZA SEAN P. HALL TRACY SCOTT HIGHNOTE RICARDO RAUL GARZA JOSHUA M. HALLADA BENJAMIN R. HILD BRANT A. GAST WARREN M. HALLE DANIEL J. HILFERTY JOHN D. GATTONE III STEVE HAMAMGIAN NATASHA A. HINKSON DAVID JOSEPH GAULIN JERRY T. HAMBRIGHT MATTHEW J. HLIVKO AARON RICHARD GAUTHIER OMAR J. HAMILTON PHIL C. HOARD TROY JOSEPH GEIGER REGINALD K. HAMILTON CHRISTIAN P. HODGE GABRIEL D. GELDERT TUCKER R. M. HAMILTON JUSTIN A. HODGE BLAKE H. GEORGE JAMES A. HAMMAN LORI R. HODGE DANIEL M. GEORGE JOSEPH J. HAMMES JON G. HODGSON PHILLIP M. GEORGE GREGORY D. HAMMOND BRIAN P. HOELZEL WILLIAM J. GEORGE JOHN S. HAMPEL RANDAL E. HOEWT JASON ROBERT GERARD BETSY DOMBERT HAND HANS G. HOFFMAN JASON A. GERBER JERAD M. HAND STEPHEN D. HOFMANN ERIC J. GERGEN GREGORY S. HANEY BRYAN J. HOGAN SHAUN M. GERMAIN JASON C. HANEY SEAN P. HOGGS MICHAEL P. GIACOMAZZI TIMOTHY B. HANKS LUKE A. HOHREITER AARON J. GIBBS JASON T. HANSBERGER LEE A. HOLFERT KEVIN P. GIBBS ROBERT A. HANSEL JEFFREY J. HOLLEY TODD D. GIBBS AARON J. HANSEN DOUGLAS R. HOLLIDAY RYAN L. GIBSON CHARLES G. HANSEN RICHARD J. HOLLINGER JOHN D. GILBERT IV DUSTIN H. HANSEN MICHAEL J. HOLLINGSWORTH KEVIN B. GILBERT JAMIE C. HANSEN COLLEEN HOLLIS CELESTINA LUNA GILLOW BROOKE L. HANSON KENNETH A. HOLMES JACOB M. GILMAN MICHAEL D. HANSON NICHOLAS H. HOLMES ANDREW B. GILMER STEVEN C. HANSON BRUCE E. HOLMGREN MAXIM GIMELSHTEYN SEAN H. HANSTAD ETHAN D. HOLT JOHN W. GINN ROBERT H. HARDENSTINE JARED J. HOLT HEATHER L. GINSBURGH ADAM D. HARDER KARENA M. HOLT RYAN N. GIVENS JOSEPH J. HARDING ROBERT C. HOLT JASON E. GLANOVSKY DUSTIN D. HARMON CLARINDA T. HOLTON AHMAD L. D. GLOVER JONATHAN D. HARMON MELISSA C. HOLYFIELD DEANNA D. GLOVER THOMAS LOYALL HARNER PAUL B. HOMAN JEFFREY T. GLOVER EDMUND K. HARRINGTON ZOLTAN L. HOMONNAY ANDREW L. GMYTRASIEWICZ JAMES M. HARRINGTON JASON R. HOMRIG CORNELIUS T. GODBEE CATHY L. HARRIS JASON B. HONABARGER DANIEL R. GODWIN EDWARD R. HARRIS CALEB J. HONSINGER PERRY B. GOEBEL FENCISCO N. HARRIS ANTWAN T. HOPKINS GREGORY S. GOINS NEIL J. HARRIS AUDREY L. HOPPE PAUL S. GOLANDO RYAN J. HARRIS CHRISTOPHER L. HOPPIN DAVID W. GOLDEN JOSEPH P. HARRISH III JERRY R. HOPSTER BRENT W. GOLEMBIEWSKI BRIAN K. HARRISON MATTHEW I. HORNER CHUCK B. GOMES NATHAN N. HARROLD MICHELLE L. HORNER VAUGHN GONZALEZ RICHARD K. HARROP BENJAMIN CLARK V. HORTON CREIGHTON ANDREWS GOODMAN DUSTIN M. HART LISA A. HORTON LARRY L. GOODNITE ERIC W. HART MATTHEW T. HORTON RYAN J. GOODWIN JON M. HART JAMES L. HOSEY ADOLFO U. GORBEA REBECCA ANNE HART SONJA AMBERKUCHM HOSLER JEREMY A. GORE SAMUEL A. HART RICKY L. HOUSE

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MICHAEL J. HOVASTAK ALEKSAS R. JUSKYS PATRICK LOUIS LAMIE JARED W. HOWARD JEFFREY R. KAEPP DAVID M. LAMME MATTHEW W. HOWARD MATTHEW L. KAERCHER MATTHEW C. LANDE JOSEPH A. HOWELL KURT LEE KAISER WILLIAM A. LANE JOSEPH HOWERTON SARAH S. KAISER ANTHONY L. LANG SEAN F. HOWLETT SERGEY M. KAPLAN GLEN G. LANGDON CHRISTOPHER J. HUBBARD ERIKA N. KASPRZAK BROCK E. LANGE KRISTIN M. HUBBARD DANIEL R. KATKA CHARLES G. LANGHOFF TOBY M. HUBBARD KRISTEN R. KAYATA JOHN D. LANGSHAW DONALD E. HUDSON, JR. THOMAS R. KEEBLE KYLE D. LANTO SEAN W. HUDSON LISA D. KEENA GREGORY NOAH LAPIDAS BRAD S. HUEBINGER JEFFREY E. KEIM PIERRE R. LAPLUME NICK A. HUET BRIAN S. KELLAM RICARDO LARA III BRANDON R. HUFF CHRISTOPHER J. KELLER SHARON E. LARGE BRYAN C. T. HUFFMAN JONATHAN ABNER KELLER MYRON ALLEN LARRICK JASON RAY HUFFMAN JAMES P. KELLEY KEVIN D. LARSON ANDREW W. HULL MARY J. KELLEY MICHAEL D. LARSON GABRIEL M. HULL AMANDA M. KELLY PHILLIP K. LARSON SHAUN JOSEPH HUMPHREY CHRISTOPHER P. KELLY RICHARD R. LARSON SARAH L. HUMPHREYS LATONYA R. KELLY FREDERIC LATHROP JAMIE L. HUMPHRIES PATRICK J. KELLY ANTHONY T. LAU STEVEN R. HUNEYCUTT WILLIAM J. KELLY MICHAEL J. LAUBACH JENNIFER E. HUNNICUTT JOHN W. KENDALL PHILIP A. LAUGHLIN ANDREW W. HUNT MATTHEW R. KENKEL JAMES A. LAWSON DAVID LOUIS HUNTER JENNIFER E. KENNEDY CHRISTOPHER C. LAZIDIS BRIAN J. HURLEY SABRINE T. KENNEDY DAVID K. LEAHY ROSS HUSTINGS SUSAN B. KENNEY DAVID C. LEAUMONT CASEY JONATHAN HUSTON MELISSA L. KEOUGH MICHAEL D. LEAVER KRISTIN E. HUSTON JASON D. KERBS KEVIN S. LEAVITT DOUGLAS J. HUTTENLOCKER STEPHEN J. KERELEJZA YOGI L. LEBBY MATTHEW T. HYLAND JAMES GREGORY KERLEY JASON M. LEBLANC MATTHEW L. HYLTON WILLIAM ROSS KERR JOSE A. LEBRON SCOTT THOMAS IACONO BARRY M. KETCHIE MICHAEL P. LECCO AMY L. IANACONE JEFFREY S. KETTERLING JACOB D. LECK NICHOLAS R. IHDE AMIT K. KHOSLA BRANDON T. LEDBETTER DAVID STEVEN ILLSLEY NATHAN W. KIBBY JEFFREY A. LEDERHOUSE JOHN J. IMHOFF MICHAEL J. KIDD DARRICK B. LEE SCOTT W. INFINGER SHAWN T. KIDD JON C. LEE JOEY W. INGRAM CHON Y. KIM SHAWN P. LEE JOSH T. IRVINE DAVID T. KIM SIYEON LEE DAVID S. ISAKSEN MARK E. KIMBALL BENJAMIN D. LEESTMA KLAYTON A. IVES AMBER LYNN KIMBRELL JOSHUA J. LEETE DERRICK J. IWANENKO BARNEY T. KING II JOSHUA M. LEIBEL JONATHAN IZWORSKI JAMES C. KING, JR. ELLIOTT J. LEIGH AMBER LEIGH LYNN JACKSON JOSHUA ARTHUR KING CHAD E. LEISENRING DENNIS E. JACKSON MATTHEW L. KING JADE M. LEMERY ELI N. JACKSON KELLI S. KINLEY MARY Z. LENT JOSHUA A. JACKSON ALTON C. KINSEY CHRISTOPHER LENYK ROBERT G. JACKSON LUCAS J. KIPPERT CHARRI R. LEONARD STEPHANIE D. JACKSON TIMOTHY D. KIRCH MICHAEL JAMES LEONARD BRIAN M. JACOBSEN DANIELLE R. KIRK MATTHEW E. LESTER MARK D. JACOBSEN TROY R. KIRKBRIDE GRETCHEN T. LEWIS RANDY JACOBSON DAVID M. KIRKENDALL JAMES J. LEWIS DARREN E. JAMES KENNETH M. KIRKPATRICK LINDA L. LEWIS ZINNIA P. JAMES ALEXANDRA M. KISH MARC LEWIS DICK A. JANSSEN RANDALL KLATT MATTHEW D. LEWIS JOHN J. JANUSZ RUSSELL HENRY KLAWITTER MICHAEL J. LEWIS CARLOS B. JAYME AARON J. KLEIMAN VICTOR S. LEWIS JULIA E. JEFFERSON JACOB A. KLEINSASSER RYAN B. LEY BILLY L. JEFFORDS, JR. ROBERT J. KLINE THOMAS JOSEPH LEYDEN DOUGLAS CREELMAN JEFFREY IV CLAIR L. KLING DANIEL THOMAS LIGHT CHRISTOPHER G. JEFFREYS KORY R. KLISMITH BRIAN P. LIGHTSEY ROBERT N. JENKINS, JR. JILL S. KLOOSTER DWAYNE EDWARD LILLER SHAWN P. JENKINS THOMAS KLUSEK, JR. MATTHEW D. LILLY THOMAS JONATHAN JENKINS BRENT J. KNAPP MICHAEL R. LILLY, JR. CHRISTOPHER A. JENNETTE JARROD E. KNAPP DANIEL J. LINDLEY KIMBERLY A. JENNINGS DAVID M. KNIGHT DANIEL R. LINDSEY III MICHAEL L. JENNINGS RONALD A. KNIGHT, JR. EWELL D. LINGAR RODGER A. JENNRICH JOSEPH A. KNOTHE STEVEN C. LIPINSKI PATRICE D. JERNIGAN AMANDA ELIZABETH KNOTTS ROYCE MICHAEL LIPPERT JOHN M. JEWELL GARRETT W. KNOWLAN RYAN M. LIPPERT BLAINE M. JOERSZ ADAM GREGORY KNOX PATRICK W. LITTLE MATTHEW W. JOHANNING SHELDON S. KNUDSEN REBECCA LITTLE MONIKA MAILEYOSH JOHNCOUR TIMOTHY J. KNUDSON REUBEN J. LITTON ABBILLYN MARIE JOHNSON ROBERT M. KOCHAN ROBERT J. LITWIN DOUGLAS JOHNSON PAUL I. KOECHER ROBERT LIU ERIC B. JOHNSON CHRISTOPHER A. KOELTZOW LARRY C. LLEWELLYN II JACOB C. JOHNSON DANIEL R. KOEPPL LAWRENCE A. LLOYD JAMIE J. JOHNSON STEVE D. KOLY JOSHUA L. LOGIE JENNIFER M. JOHNSON ROBERT KOO KEVIN B. LOMBARDO LEWIS GREGORY JOHNSON MATTHEW W. KOPP ADAM N. LONG TIMOTHY R. JOHNSON ANDREW N. KORSMO JUSTIN M. LONG WILLIAM F. JOHNSON III NATHAN D. KOSS MARK D. LONGENECKER WILLIAM G. JOHNSON, JR. MARCUS K. KRAUSHAAR TRAVIS L. LONGMIRE ZACHARY D. JOHNSON DAVID A. KREBS III JOSEPH J. LOPEZ JOHN MARK JOHNSTON KEVIN L. KRETZ ROBERT T. LORD IV KIRK C. JOHNSTON MICHAEL P. KREUZER KEITH E. LORENZ TAYLOR J. JOHNSTON DAVID J. KRITZ NATHAN A. LOUCKS MICHAEL P. JOKHY PATRICK F. KRIZ KENNETH Y. LOUIE ADRIENNE BEATRICE L. JONES JEREMY T. KRUGER ROBERT LEE LOUNSBURY BLAINE WARREN JONES KYLE R. KRUGER DAVID L. LOUQUE, JR. EDWARD E. JONES JAMES L. KUCHTA BRIAN T. LOVE ERIC A. JONES TIMOTHY A. KUECHLE CLARENCE LOVEJOY III JEFFREY E. JONES MICHAEL N. KUEHNI SEAN E. LOVELL MARK F. JONES TRAVIS J. KUENZI DENNIS K. LOVIN MARK N. JONES JASON G. KUHL LUIS P. LOZADA REBB S. JONES MICHAEL A. KUMP PAUL F. LUCAS, JR. RYAN P. JONES MICHAEL J. KUSSAVAGE BRYAN R. LUCERO STACY A. JONES ERIC A. KUT LUKE A. LUCERO STEPHEN G. JONES DANIEL J. KWIATKOWSKI MEGAN M. LUKA ALVIN G. JORDAN, JR. ALVIZ T. G. LACANILAO MATHEW LUKACS BART A. JORDAN MATTHEW A. LACKEY HENRY R. LUKE, JR. JEREMY D. JORDAN JOSEPH P. LACLEDE TIMOTHY JAMES LUNDBERG MONICA P. JORDAN JUSTIN N. M. LACOMB HORACE R. LYNCH SETH H. JORDAN CHRISTINE G. LADRIDO JEFFREY S. LYNCH KENNETH JOSEPH JOSEPH M. LADYMON MICHAEL J. LYNCH MATTHEW H. JOSEPH RUSTIN A. LAFURNEY MICHAEL R. LYNCH ORYAN H. JOSEPH MICA TYLER LAKE SHAWN C. LYNCH ROBBI A. JOUBEN, JR. BRYAN D. LAMB RICHARD H. LYON ANDREA S. JUDKINS LINDSEY D. LAMB STEPHEN G. LYON CHARLES A. JUHL RODNEY A. LAMBERT PATRICK B. LYSAGHT KENNETH KOBEY JUHL WILLIAM C. LAMBERT LEV S. LYUBCHENKO

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DOUGLAS W. MABRY KINDAL T. MCKINNEY ARNOLD R. MOSLEY JEFFREY M. MACK ORTAVIOUS L. MCKINZIE KIMMY L. MOSS ADAM S. MACKENZIE DANIEL RICHARD MCLALLEN SCOTT D. MOTLEY LUKIS M. MACKIE KEAGAN L. MCLEESE GREGORY M. MOULTON DAVID L. MACVOY SCOTT M. MCMAHON CHRISTOPHER E. MUELLER KEVIN W. MADDEN STEPHEN C. MCMAHON FREDERICK G. MUELLER, JR. KENNETH A. MADSEN DAVID R. MCMANAWAY GRAYDON L. MULLER RAYMOND MAGALLANEZ, JR. MARC B. MCMANNON MICHAEL SCOTT MULLIN ELMARKO P. MAGEE BRIAN E. MCMANUS CREIGHTON A. MULLINS JONATHAN H. MAGILL JEFF D. MCMASTER NELSON ROBERT MUMA II MICHAEL D. MAGINNESS ROBERTA ELIZABETH MCMICHAEL DAVID T. MUNOZ DAVID A. MAGOC BRIAN WILLIAM MCMILLIN WAYNE M. MURANAKA JOHN H. MAHAN WILLIAM B. MCRAVEN GALAN J. MURPHY SCOTT ANTHONY MAJOR BRANDON G. MCRAY MARK A. MURPHY EDWARD H. MALASKA III PATRICK MICHAEL MCSHERRY MATTHEW T. MURPHY RICHARD M. MALERBA STEVIE MEDEIROS EAMON R. MURRAY BOHDAN MALETZ DANIEL MEDINA RYAN E. MURRAY JASON J. MALEWISKI THOMAS E. MEDLAND, JR. SHANE PATRICK MUSCATO JEFFREY P. MALINEN DOUGLAS P. MEDLEY BRIAN D. MUTO EDWARD MANGUAL BRIAN D. MEEKER ANTHONY J. MYERS JOHN K. MANIBUSAN, JR. PHILIPPE K. MELBY KIMBERLY A. MYERS ERIC L. MANN MARK A. MELIN JEFFREY E. NAFF JAMES C. M. MANNA DALE A. MELTON KRISTOPHER C. NAGY GENE M. MANNER MICHAEL E. MELTON RICARDO NAJERA DAVID C. MANNING KEITH A. MELVIN KEITH S. NAPOLITANO RYAN D. MANTER VICTOR O. MENAGARCIA JONATHAN S. NAVARRA MICHAEL S. MANUEL DANIEL E. MENDOZA ERIC JOHN NAVARRE KEEGAN K. MAPLE TIMOTHY P. MENGES ERIC N. NAVARRETE CATHRINE J. MARCHESSEAULT DENNIS G. MENJIVAR CHRISTINE NAVARRO RYAN C. MARCOTTE STUART R. MENN FRANCIS SHANE NAVARRO DANIEL A. MARCUM ALEC J. MENONI RAYMOND A. NAYLOR IV VICTOR M. MARICHAL NEIL A. MENZIE BRIAN B. NEAL FRANCIS R. MARINO JIM L. MERCADO LAWRENCE B. MIO NEEDHAM III MICHAEL P. MARIOTTI WILLIAM G. MERCER ALEXANDER W. NELSON MARCUS C. MARIS JAMES R. MERENDA EMILY B. NELSON JOSEPH P. MARKOWSKI JASON K. MERRILL ANDREW C. NEMETH ROBERT R. MARLOW JONATHAN L. MERRILL BRUCE C. NESTER KEVIN B. MARMILLION DAVID T. MERRITT ERIC S. NEUBERT ROBERT C. MARQUEZ ROBERT D. MERWIN JESSE H. NEWBERRY RONALD ANTHONY MARQUEZ MATTHEW D. MESHANKO LEA NEWMAN EMILY N. MARR TIMOTHY J. METZ JUSTIN FRANKLIN NEWTON CAROL L. MARRUJO SCOTT A. METZLER LOC H. NGUYEN DAVID W. MARSHALL DOUGLAS S. MEYER QUOCNAM T. NGUYEN ROBERT B. MARSHALL KYLE JAMES MEYER ROBERT W. NICHOLS TOMMY V. MARSHALL II ERIKA L. MEYERS STACEY N. NICHOLS STEPHEN T. MARTENZ CHARLES D. MICHAELS MICHAEL A. NIELSEN DANIELA M. MARTIAN DERRICK CHARLES MICHAUD GREGORY L. NISULA BRIAN A. MARTIN CHRISTOPHER A. MICHELE THOMAS I. NIX JEFFREY RICHARD MARTIN JASON M. MILAD ADAM L. NOBLE RICHARD J. MARTIN II TERRI S. MILES JEFFREY W. NOBLE DAVID CHRISTIAN MARTINEZ DAVID WESTLEY MILLER GENE H. NOH JOHN A. MARX GREGORY R. MILLER DAVID A. NOLAN JASON A. MASCETTA JARED A. MILLER RYAN P. NOONAN ERIC J. MASTERS JASON M. MILLER NICHOLAS H. NOREUS PETER C. MASTRO NICHOLAS R. MILLER SCOTT T. NORMAN ANDREW W. MASUR ROBERT D. MILLER STEVEN NORRIS ROBINSON R. MATA VIPAWAN MILLER PETER CHARLES NORSKY DAVID E. MATHER WALTER W. MILLER II JAMES D. NORTHAMER WILLIAM L. MATHIEU ZACHARY R. MILLER TED T. NORTHROP SCOTT DAVID MAULDIN AMBER LEE MILLERCHIP MICHAEL J. NORVELL PETER J. MAURO ANDREW A. MILLIGAN VRETTOS W. NOTARAS JASON E. MAYNE DAVID G. MILLS DEREK S. OBLANDER ROMAN R. MAYNES JONATHAN L. MILLS MATTHEW OCHOA JOSHUA P. MAYO JUSTIN K. MILLS ANDREA M. OCONNOR MARC ANTHONY MAZZA, JR. PATRICK J. MILLS JONATHAN ANDREW ODELL PAUL D. MCARTOR RENATA G. MILLS JUN S. OH MATTHEW JASON MCBLAIR BENJAMIN W. MINUS SHAWN D. OHLER WILLIAM T. MCBRIDE STEPHEN S. MIRACLE PATRICK L. OKEEFE CARL J. MCBURNETT, JR. CRISTINA M. MIRANDA MICHAEL D. OLDHAM JONATHAN F. MCCALL MATTHEW C. MISNER JAIME OLIVARES JASON M. MCCANDLESS ALFRED C. MITCHELL, JR. STEPHEN A. OLIVARES JASMINE M. MCCANN BARRY R. MITCHELL TREY J. OLMAN MICHAEL G. MCCARTHY CHRISTOPHER P. MITCHELL MARK T. OLMSTEAD ANTHONY S. MCCARTY ELI G. MITCHELL SETH MONROE OLSON THOMAS J. MCCARTY NATHAN H. C. MITCHELL TIMOTHY M. OMAHONEY CHARLES MCCLAIN RICK E. MITCHELL MICAH V. ONEAL PETER A. MCCLELLAN TIMOTHY M. MITCHELL VIOREL OPREA EVE M. MCCLOUD JOEL A. MITRE GREGORY P. ORBINO PHILIP R. MCCLURE BRIAN S. MIX URIAH L. ORLAND MATTHEW T. MCCOACH KRISTY L. MIX FRANCISCO J. ORTEGA, JR. CHRISTOPHER M. MCCOLLUM MICHELLE M. MOBLEY SISTO M. ORTIZ JON D. MCCOMB MICHAEL R. MODESTO JASON N. ORTOLANO BRADY S. MCCONNELL ROSS A. MOL MARC T. ORTON MICHAEL J. MCCOURT ENRIQUE D. MOLANO RICHARD C. ORZECHOWSKI BRIAN M. MCCREARY DANIEL MOLINA NATHANIEL S. OSBORNE DO HUN MCCUTCHEON ANTHONY R. MOLLISON JARED J. OSTROSKI TAMARA D. MCCUTCHEON DEREK C. MOLLOY RYAN G. OUGH EDMUND R. MCDANIEL JASON TODD MONACO CHAD D. OVERTON WILLIAM R. MCDANIEL IV GILDARDO MONCADA, JR. NATHAN H. OWEN KRISTI A. MCDONALD ORVIN R. MONROIG RICHARD L. OWENS WANDA M. MCDONALD CARLOS H. MONTANCES SHAWN M. OWENS WILLIAM E. MCDOUGALL RUSSELL T. MONTANTE, JR. TYISHA L. OWENS ANDREW R. MCDOWELL REBEKAH G. MONTGOMERY DAVID O. PABST TODD A. MCDOWELL MICHAEL S. MONTIER CHRISTOPHER C. PACE WILLIAM L. MCDOWELL HOWARD THOMAS MOORE JEFFERY A. PACKARD PATRICK M. MCGARRY KRISTY L. MOORE RAUL D. PADILLA DAVID T. MCGARVEY SAMUEL A. MOORE MATTHEW G. PAETZHOLD THOMAS M. MCGILLICUDDY DAVID J. MORALES RAYMOND R. PAGE KENNETH M. MCGINNIS KEITH B. MORENO ANNETTE M. PAGLIA SHAUN M. MCGOWAN JAMES W. MORFORD JACOB B. PAIRSH JILL R. MCGRAW ROBERT E. MORGAN MICHAEL P. PALIK RICHARD E. MCGREEHAN, JR. ROBERT IN MORGAN CHRISTOPHER N. PALMER JONTAE S. MCGREW MIA L. MORIN JOSEPH L. PALMER KENNETH O. MCGREW ALLEN C. MORRIS, JR. ERNESTO GOMEZ PANDES MICHAEL J. MCGREW CHRISTOPHER A. MORRIS WILFREDO PANTOJA JONATHAN W. MCGUGIN DAVID C. MORRIS TIMOTHY KARL PAPE ROY KAIPO MCGUIRE DONALD A. MORRIS TERRY L. PARHAM RYAN M. MCGUIRE TIMOTHY L. MORRIS MATTHEW A. PARKER JOSEPH M. MCHUGH MARGARET A. MORRISON STEWART J. PARKER SAMUEL G. MCINTYRE ROBERT D. MORRISSETTE RAYMOND M. PARNTHER, JR. JEFFREY E. MCKAMEY JESSE K. MORSE KEVIN L. PARSONS MICHAEL B. MCKENZIE WILLIAM B. MORSE STEPHEN M. PARSONS

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RICHARD W. PARTAIN KELLY SUZANNE RAMSEY JENNIFER D. RUDIGER JARED D. PASLAY REGGINAL E. RAMSEY ERIC E. RUDOLPH RIMPA PATEL ANTHONY M. RANDALLCLAUSEN JUSTIN R. RUFA ANDREW M. PATRICK DARRELL RANDOLPH ANDREW D. RULE TODD T. PATTERSON RUTH J. RANDOLPH RICHARD G. W. RULIFFSON JASON VICTOR PAUL SETH ADAM RANN DAVID G. RUNELS MICHAEL E. PAXON ANTHONY S. RAPHAEL RAYMOND M. RUSCOE DAVID L. PAYTON PATRICK J. RARING BRIAN M. RUSSELL NATHANIEL A. PEACE KENNETH M. RASZINSKI ERIC J. RUSSELL THOMAS MICHAEL PEARSALL NICHOLAS D. RATERMANN JASON I. RUSSELL PATRICK B. PEARSON STACY M. RATHJE JERIMIAH D. RUSSIAN ROBERT J. PEARSON ERIK P. RATHKE REBECCA F. RUSSO COREY LEE PEAY DAVID J. RATLIFF WILLIAM J. RUSTAD ERIC VERNET PEDERSON GRANT ANDERSON RAUP ETHAN A. RUTELL NICHOLAS R. PEDERSON TIMOTHY S. RAVAS JAMES L. RUTLEDGE JOHN M. PELTIER BRYAN E. RAY JOHN R. RYAN TIFFANY E. PENCE DARRYL R. RAY KATHERINE ANNE RYAN JUSTIN T. PENDRY BRIAN S. REASER NICHOLAS PATRICK RYAN SERGIO P. PEREZ ERIK V. REDL SCOTT D. RYDER JORGE N. PEREZBENITEZ CECIL E. REDMON II MARK J. SAAR CHAD L. PERRY HOWARD L. REED WILSON E. SAGENDORPH III NATHAN C. PERRY MICHAEL ALLEN REED TYSON KELLY SAILER JOSHUA J. PERSING RONALD KEVIN REED JERMAINE S. SAILSMAN KRIS J. PERSON CHRISTOPHER L. REESE CONSUELO SALAZAR SANDRA A. PERTUIT RUSSELL T. REESE CHRISTOPHER L. SALDANA ERIC R. PESCHELL JEFFREY S. REGAN MICHAEL WILLIAM SALGADO CHRISTOPHER R. PETEK JOSEPH P. REICH III JARED E. SALK DEEPAK C. PETER AARON D. REID TODD J. SALZWEDEL SAMUEL J. PETERS RONALD J. REIDEL NICHOLAS F. SAMMONS AMY N. PETERSON BRANT CONOR REILLY DAVID L. SANDERS ANDREW J. PETERSON MICHAEL J. REIMERS NICHOLAS B. SANDERS BENJAMIN W. PETERSON CHAD C. REINERT SHANE J. SANDSTROM CHAD ARTHUR PETERSON DANIEL J. REISNER CHARLES S. SANDUSKY CHRISTOPHER D. PETERSON SARAH GILLIAN REKSTEN MATTHEW P. SANERA ERIC M. PETERSON MICHAEL JOSEPH RENDOS RYAN A. SANFORD JOSEF N. PETERSON CHRISTOPHER J. RETENELLER VONDRAY L. SANFORD RYAN J. PETERSON JOSEPH F. REVETERIANO WILLIAM W. SANFORD MICHAEL A. PETRELLA JASON RICHARD REYES RYAN P. SANJENIS KATHERINE E. PETREN BENJAMIN A. REYNOLDS DERRICK C. SARACENI NICHOLAS J. PETREN ERIN S. REYNOLDS MARK W. SARGENT GIA L. PETZ ANTHONY G. RHOADES BRIAN K. SATTERLEE JAMIE P. PHAIR BRIAN S. RHOADES JAMES MICHAEL SATTLER BRIAN D. PHILLIPS MERLE G. RICHARD NICHOLAS R. SAUCIER DEANNA M. PHILLIPS MICHAEL P. RICHARD LUKE M. SAUTER JENNIFER M. PHILLIPS CHAD M. RICHARDS AARON C. SAYLER LANDON K. PHILLIPS JONATHAN L. RICHARDS LARRY M. SAYLOR, JR. NICHOLAS W. PHILLIPS CASEY E. RICHARDSON TIMOTHY E. SCARIANO THOMAS E. PHILLIPS, JR. JASON S. RICHARDSON STEVEN MICHAEL SCHAAR MARTIN PHILOGENE KARLA S. RICHTER ERIK D. SCHILLING WILLIAM M. PHIPPS ZACHARY D. RICHTER JASON A. SCHLARB JAY KHAM PHOMAVONG RYAN ANDREW RICKERT EDWARD E. SCHLEGEL SEAN P. PICCIRILLI JOHN J. RIESTER KYLE S. SCHLEWINSKY ANTHONY L. PICKETT JESSE L. RIGGERT JOHN W. SCHMIDTKE BENJAMIN T. PIERCE JOHN M. RIKER THOMAS E. SCHMITT CRAIG ALLEN PIPER DANNY GENE RILEY II KEITH M. SCHNEIDER STEPHANIE LEIGH PLAIT MARGARET MARIE RIOS SAMUEL P. SCHNEIDER ROGER C. PLATTEBORZE DUSTIN C. RIPLEY CHRISTOPHER A. SCHNIPKE BRETT E. PLUMMER ALEXANDER M. RISEBOROUGH STEVEN A. SCHNOEBELEN ZOFIA A. PLUMMER PATRICIA A. RISNEAR MARK T. SCHOENBECK CHRIS P. PLYMALE CHRISTOPHER S. RITTER ANDREW T. SCHOFIELD ARTIS M. POE III JEREMY J. RITTER JILL ANN SCHOFIELD KENNETH POINDEXTER BRENT G. RITZKE JOHN S. SCHOONMAKER VINCENT L. POLITTE, JR. RENEE E. RIVERA TERRY A. SCHRADER MATTHEW A. POLUS VICTOR J. RIZZO MICHAEL W. SCHREINER KURT C. PONSOR SHELBY J. ROBB DANIEL A. SCHREURS NICHOLAS JOHN POPP BRENT R. ROBBINS JOHN C. SCHROEDER HENRY E. PORTER, JR. BRIAN C. ROBBINS MEGAN MARIE SCHRUM CHRISTOPHER D. POTTER NICHOLAS EHRICH ROBBINS CHARLES E. SCHUCK GREGG D. POTTER ADAM K. ROBERTS DAVID W. SCHUR JASON A. POWELL JAMES E. ROBERTS LAWRENCE F. SCHUTZ NATHAN J. POWELL KENNETH A. ROBERTS, JR. CHAD E. SCHWAB DONALD W. POWERS MATTHEW C. ROBERTS JOSEPH T. SCHWAB PARNELL R. PRASSADA BRIAN R. ROBERTSON JACOB T. SCHWARTZ TRAVIS RICHARD PRATER DANIEL J. ROBERTSON ERIK W. SCHWARZ ROBERT G. PRAUSA SCOTT J. ROBERTSON DANIEL M. SCHWENDEMAN DEANA M. PRESCOTT CHRISTOPHER L. ROBINSON HAYDEN M. SCOTT BRIAN S. PRESSLER DEVELON J. ROBINSON JACOB M. SCOTT CHRISTOPHER D. PRICE FRANKIE G. ROBINSON JESSE M. SCOTT LATRACIA T. D. PRICE PAUL D. ROBINSON II LISA R. SCOTT MATTHEW M. PRICE TIMOTHY M. ROBINSON MICHELLE R. SCOTT GLENN S. PRIDDY MICHAEL THOMAS ROCHE MICHAEL J. SCULLION MARK I. PRIDE TOMMY S. E. ROCKWOOD MICHAEL D. SEAL WALTER H. PRIEBE III JASON S. RODGERS KEVIN A. SEAY MICHAEL L. PRIMIANO KEITH FRANKLIN RODGERS RYAN EARL SEBASTIAN JESSE MICHAEL PROCTOR JAMES A. RODRIGUEZ MATTHEW JAMES SECKO ERRYN CHRISTINE PROVENCHER JORGE C. RODRIGUEZ JOSHUA S. SEDER MATTHEW J. PROVENCHER RAMON P. RODRIGUEZ RYAN N. SEEKINS JONATHAN P. PROVENS ERIC D. ROEHRKASSE RONEN M. SEGAL JAMES A. PRUCHNIC CHAD T. ROGERS MICHAEL A. SELTZER MARK A. PRUSINOWSKI LOUIS P. ROGNONI III LESLIE L. SEMRAU JOSHUA A. PUGLIESE DAVID E. ROHLINGER ANDRE T. SENAY ANTHONY J. PULEO ANDREW C. ROLLINS CHARLES D. SENDRAL JOSEPH C. PULLIAM MICHAEL H. ROOD CHAD A. SESSLER DANIEL W. PUPICH EUGENE F. ROOKER, JR. SEAN P. SETTER NATHANIEL SHANE PURSELL CHRISTOPHER J. ROOME MEGGAN M. SETTLE JEREMY S. PUTMAN ADAM H. ROSADO DARLENE M. SHAFFER SHINGO K. PYO ROLAND ROSARIO ANAND D. SHAH ERIC B. QUIDLEY ROBERT C. ROSEBROUGH THEODORE JOHN SHANKS JOSEPH T. QUILLIN JEFFREY RYAN ROSENBERRY KATHRYN T. SHARP SKYLAR E. QUINN CRAIG STEVEN ROSENGARTEN SARAH J. SHARPE MATTHEW J. QUINTON ALLEGRA L. ROSLER BENJAMIN A. SHAUB MATTHEW A. QUITTER GREGORY K. ROSS ANDREW W. SHAW MICHAEL L. RAABE MATTHEW C. ROSS AARON B. SHEETS MATTHEW R. RABE WILLIAM D. ROSS HAMILTON G. SHELFER JENNIFER A. RACINE ZACHARY K. ROSSON ADAM W. SHELTON BRIAN LOUIS RAFFA MICHAEL A. ROTHE KELLY W. SHELTON ERNEST COREN RAHN GEORGE A. ROTHHAUPT JASON A. SHEMCHUK NATHAN M. RAIBLEY METODI V. ROULEV SABRINA N. SHERIDAN EUGENE K. RAINEY NICHOLAS G. ROWE MATTHEW D. SHERK JAMES A. RAINS KEVIN P. ROWLETTE MITCHELL S. SHERMAN JOSE A. RAMIREZ MARCUS W. ROWLEY TERRI L. SHERRY RACHEL RAMOS EDWIN RUCKWARDT DAWUD K. SHILLINGFORD

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NICHOLAS A. SHIMKUS SHAWN M. STAPPEN MATTHEW B. THRIFT SAMUAL P. SHIMP BRYAN L. STARCHER CHRISTOPHER A. THUOTTE KEVIN W. SHIPE MATTHEW B. STARCK RENEE Z. THUOTTE BRANDY ANN SHIRLEY NIKOLAOS P. STATHOPOULOS ANDREW CHARLES TIDGEWELL DANIEL M. SHOAF ADAM R. STAUBACH RAYMOND G. TIERNEY DENNY R. SHOFNER SUSANNE L. STCYR GERALD J. TILLER PANUMAT SHONTZ RYAN L. STEBBINS AARON P. TILLMAN CHARLENE M. SHORTTE KALLEEN H. STEELE MICHAEL E. TILLYER KHOMANI D. SHORTTE GREGORY M. STEENBERGE DAVID W. TIPTON MATTHEW N. SHOVELSKI ROBIN E. STEENMAN JEREMY S. TIPTON JOSHUA T. SHULTZ JOSEPH L. STEINER MARK ANTHONY TIPTON DAVID R. SIEMION EDWARD R. STEINFORT NELSON E. TIRADO MATTHEW G. SIKKINK ADRAIN E. STEMPLE II SHAMEKIA N. TOLIVER JOEL B. SILK PAUL E. STENSENG WENDELL R. TONEY YONG C. SIM MICHELLE L. STERLING LEONARDO A. TONGKO RICHARD J. SIMKO SHAWN P. STERMER DOMINQUE H. TORRES DOUGLAS M. SIMMERS AMANDA L. STEVENS EDWARD L. TORRES JAMES S. SIMMONS ZACHARY A. STEVENS ELIUD E. TORRES JEREMY B. SIMMONS DAVID B. STEVENSON PETER R. TOSCANI MICHAEL ANDREW SIMONICH MARCUS U. STEVENSON STEPHEN A. TOTH SHONNA J. SIMONS CLARK ANDREW B. STEWART NATHANIEL W. TOTTEN JOSEMARIO C. SINCHONGCO JAYSON STEWART MICHAEL M. TOTTON JONATHAN ALEXANDER SIRARD TONY J. STIBRAL JONATHAN M. TOWNSEND SCOTT D. SITTERSON BRIAN A. STILES KANDI J. TRACE LISA M. SIWIK JOSEPH F. STILES KHOI DINH TRAN CHRISTOPHER D. SJOLIE MONA T. STILSON JENNIFER J. TRAPP JOSEPH J. SKERLY III ROBERT D. STIMPSON DANIEL A. TRAVERS BOBBIE JO SKIDMORE EVETTE M. STINSONLAWSON JOHN M. TRAVIESO STEVEN B. SKIPPER RYAN P. STOLMEIER ADAM R. TRAVIS DREW R. SKOVRAN MICHAEL T. STONE BOBBY A. TRAVIS FRANK T. SKRYPAK SPENCER GROSSER STONE CATHERINE J. TREDWAY PATRICIA SKUTNIK RANDON L. STORMS SHANE A. TREGO MATTHEW A. SLAGER SAMMY E. STOVER DAVID C. TREXLER ANDREW SLAUGHTER ANTHONY M. STRAW CHARLES M. TRICKEY JON P. SLAUGHTER MICHAEL K. STREET STEVEN E. TRNKA RYAN A. SLAUGHTER CRISTINA C. STRICK TIMOTHY W. TROUP JAMES N. SLEAR WILLIAM L. STRICKLAND DAVID D. TROXELL WILLIAM E. SLOTTER ERIC RYAN STRIDE CHRISTOPHER M. TROYER DENNIS R. SLOWINSKI AARON JOSEPH STRODE STEVEN A. TRUEBLOOD MICHAEL W. SMALL NATHAN C. STUCKEY MAUREEN A. TRUJILLO BRIAN K. SMART MATTHEW P. STUECK MICHAEL R. TRUJILLO WILLIAM D. SMART ROBERT L. STULTS BRENT GERALD TSCHIKOF ADAM J. SMITH STEPHANIE E. STULTS REBECCA A. TUBMAN ADAM JOSEPH SMITH ROBERT W. STURGILL, JR. JASON L. TUCKER ALLEN SMITH MICHAEL WILLIAM SUDEN BRYAN BERFENTI TUINMAN ALLEN EDWARDS SMITH MATTHEW SUHRE FWAMAY SULLIVAN TULLIUS BENJAMIN M. SMITH MICHAEL K. SUKACH GRANT M. TULLIUS CALEB T. SMITH HEATHER J. SULLIVAN JOSEPH C. TULLOSS CHESLEY J. SMITH RYAN C. SULLIVAN MICHAEL R. TURNER CHRISTOPHER C. SMITH THOMAS RICHARD SULLIVAN ROBYN D. TURNER DENNIS M. SMITH STEPHEN D. SUMMERS ROBERT L. TURPIN, JR. GENE T. SMITH LANCE L. SUMMY JAMES M. TUTHILL GREGORY GERALD SMITH KRISHNA SURAJBALLY JOSEPH BRIAN TUZZOLINO JAMES DANIEL SMITH MARK A. SUTHARD MARK ALLEN TYLER JAMES T. SMITH KONSTANTIN SVERKOUNOV FRANCIS C. TYSON IV JEFFREY N. SMITH GORDON T. SWAIN MARK C. UBERUAGA JEREMY J. SMITH JOHN R. SWANSON CHRISTOPHER J. UECKER JEREMY R. SMITH REESE J. SWANSON ANDREW GALO ULAT JOSHUA K. SMITH STEVEN D. SWAZAY GEOFFREY RYAN ULRICH LAWRENCE A. SMITH II BRETT CHRISTOPHER SWIGER RUSSELL A. UNDERWOOD MICHAEL L. SMITH KYLE A. SWOPE DAVID B. UNDEUTSCH PATRICK S. SMITH ADAM N. SYLVAN CASEY L. UTTERBACK PAULA P. SMITH DEREK J. SYSWERDA JAMIEL VADELL RICHARD R. SMITH II GIORGIO AUGUSTIN SZABO ANDREW J. VAIL ROBERT SHELBY SMITH JOHN T. SZCZEPANSKI MARKYVES J. VALENTIN RYAN G. SMITH JEANNE R. SZCZES JOSEPH S. VALENTINO RYAN T. SMITH CHRISTOPHER SZYMANSKI GREGORY K. VAN DYK SEAN M. SMITH KRISTOPHER J. SZYMCZAK ERIC M. VAN VELDHUIZEN STEPHEN N. SMITH DARREN E. TABOR LEAH B. VANAGAS THOMAS E. SMITH KYLE A. TAKAMURA PETER A. VANAGAS EDWARD W. SMITHER BRIAN C. TALIAFERRO DAVID J. VANASSCHE BENJAMIN L. SNELL ANGELA J. TARAVELLA MICHAEL JOSEPH VANDERHYDE SCOTT P. SNIDER BENJAMIN F. TARKOWSKI DAVID E. VANDEVOORDE JENNIFER JEAN SNOW JUSTIN M. TARLTON MATTHEW J. VANGILDER DANIELLE L. SNYDER ADAM E. TAYLOR GREGG LEA VANSPLUNDER JON M. SNYDER BRENDA TAYLOR JASON C. VAP SCOTT A. SNYDER CARLTON M. TAYLOR COURTNEY P. VARGAS THOMAS WILFREID SNYDER DARIUS TAYLOR JEFFREY M. VASS ERIC M. SOBECKI DAVID L. TAYLOR KRISALYN J. VAUGHN NICHOLAS MANUEL SOLIS EDWARD R. TAYLOR DANIEL MOISES VEGA OWEN SOMERS JACK WADE TAYLOR EMANUELL VEGA SARA N. SOMERS LARRY L. TAYLOR CHATEAU K. VENABLE ROBERT A. SONNENBERG MATTHEW S. TAYLOR PETER J. VENTRES, JR. DANIEL K. SORENSON MICHELLE L. TAYLOR HUGO J. VIA JUSTIN EDWARD SORICE NATHAN J. TAYLOR GREGORY A. VICE ELIZABETH D. SORRELLS TIFFANY S. TAYLOR MATTHEW BENJAMIN VICKERS LEWIS G. SORVILLO JUSTIN RAY TEAGUE BRIAN M. VIZZONE JOHN WILLARD SOUTHARD TIMOTHY A. TENDALL JEREMY A. VOIGT KEVIN C. SOVA ANDREW H. TENENBAUM MICHAEL A. VOLKERDING JOSEPH C. SPAGNOLIA CHRISTOPHER J. TERRY JUSTIN D. VONHOFE SETH W. SPANIER JEFFREY K. TEXCELL ADRIANNA M. VORDERBRUGGEN STEPHEN E. SPARKMAN MILES PEYTON THAEMERT DREW T. J. VOSS JEREMY S. SPARKS RYAN JAMES THEISEN NATHAN P. VOSTERS LUCAS D. SPATHES FRANK A. THEISING JAMIE L. WAALER MICHAEL B. SPECK GREGORY C. THERIOT CHRISTOPHER MICHAEL WADDELL ALEC THOMAS SPENCER MARY A. THIGPEN KRISTOPHER L. WAECHTER JEFFREY A. SPENCER DUSTIN T. THOMAS SHANNON J. WAGNER RONALD R. SPENCER, JR. JAMES E. THOMAS ROBI M. WAINWRIGHT BRANDY L. SPIEGLE JEROME SAMUAL T. THOMAS ADAM N. WAITE ANGELIKA M. SPINK KELIE A. THOMAS JASON T. WALDMAN DAVID M. P. SPITLER SPENCER A. THOMAS RYAN G. WALINSKI JENNIFER S. SPOORES STEVEN C. THOMAS VICTOR G. WALK TODD J. SPRINGER BRENDA L. THOMPSON ANDREW P. WALKER ROBERT S. ST CYR CHRISTINA M. THOMPSON EDWARD Y. WALKER JEREMY BRENT ST JOHN DAVID A. THOMPSON JASON DOUGLAS WALKER BENJAMIN C. STAATS DAVID W. THOMPSON KRYSTAL M. WALKER GREGORY R. STACK LINWOOD A. THOMPSON VIRGINIA S. WALKER BENJAMIN G. STALLARD MICHAEL J. THOMPSON JAMES A. WALL LEE W. STANFORD ROBERT E. THOMPSON ANDREW P. WALLACE TODD EDWARD STANIEWICZ ROY W. THOMPSON JOHN D. WALLACE ERIC M. STANO PAUL B. THORNTON JONATHON C. WALLER JOSHUA P. STANTON TIMOTHY J. THORSON KEVIN WALSH

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BROOKS M. WALTERS RICHARD N. WINFREY, JR. CLIFTON D. BASS DANIEL P. WALTERS CHRISTOPHER L. WINKLEPLECK JOHN A. BAUMANN DREW M. WALTERS BRYAN W. WINNINGHAM BRIAN A. BEAM MICHAEL C. WALTERS ANTHONY R. WISE NICHOLAS J. BECK ANDRE M. WALTON NICHOLAS G. WISNEWSKI JONATHAN H. BECKMANN LILLIAN J. WALTON WARREN ERIC WITHROW ROBERT T. BELIE DIRK J. WARD DAVID J. WITT MITCHAEL R. BELOTE TRACY L. WARD ROBIN E. WITT STEVEN R. BELTZ LAUREN A. WARE JAMES DANIEL WOJNAREK TIMOTHY M. BENNETT LAWRENCE C. WARE BENJAMIN G. WOLAK PHILIP R. BERRY II MICHAEL L. WARE DAVID A. WOLF MAYA C. BEST TIFFANY N. WARE KRISTOPHER S. WOLFRAM DAVID R. BIRIE RYAN B. WARTMAN JAMES M. WOLONGEVICZ JAMES C. BIRK DAVID A. WASHINGTON PATRICK WOLVERTON JONATHAN E. BISSELL ZACHARY R. WATERMAN RYAN T. WONG RAYMOND W. BLAINE JOSHUA CHRISTMAN WATKINS JOHN J. P. WONNUM CHRISTOPHER J. BLANK WILLIAM J. WATKINS CHRISTOPHER C. WOOD CHRISTOPHER M. BLUHM KEVIN R. WATRY JAMES P. WOODALL, JR. BENJAMIN C. BOEKESTEIN JONATHAN N. WATSON SCOTT C. WOODBREY ELIZABETH A. BOITANO JOSEPH A. WATSON THOMAS E. WOODRING TANGALA M. BOOTH TODD MICHAEL WATSON JASON LEWIS WOODRUFF JOEL M. BORKERT KEVIN L. WATTS ELIZABETH ADRIENNE WOODS JAMES A. BORST CHRISTINA A. WAYNE PAUL A. WOODS CRAIG M. BOUCHER DUSTEN R. WEATHERS ABRAM M. WOODY CHRISTOPHER O. BOWERS BRIAN RICHARD WEBB GREGORY A. WOOLEY CLAYTON D. BOWERS JASON D. WEBB JOHN E. WORLEY JASON R. BOWERS MICHAEL L. WEBBER SCOTT P. WUENSTEL SONYA A. BOWMAN NICHOLAS R. WEBER WILLIAM L. WUNSCHEL CATHERINE G. BOYLSTON BRIAN E. WEBSTER LAWRENCE WYATT, JR. RORY P. BRADFORD CHRISTOPHER J. WEDEWER STEVEN J. WYMORE CHRISTOPHER G. BRADKE AARON W. WEEDMAN AARON M. YAGER DAVID H. BRADLEY SHILO M. WEIR JOSEPH E. YAKUBIK ANDRE J. BRADY JOHN A. WEISS, JR. VUE YANG BRADFORD M. BRANNON MICHAEL T. WEITZ JAMES L. YEATES ERIN K. BRASWELL CHRISTOPHER M. WELCH ALAN YEE ROBERT D. BRAUGHTON KEVIN P. WELCH IAN A. YELLIN LENNY T. BRAZZLE WILLIAM D. WELDON CHRISTOPHER W. YENGO JAMES L. BREDEMAN JAY P. WELKER DANIEL PHILIP YERRINGTON DANNY J. BREWER KURT H. WELLHAUSEN ILKYU P. YIM JEFFREY J. BRIZEK GARY E. WELLS IAN M. YOUNG CALEB S. BROWN KEVIN M. WELLS JAMES R. YOUNG RICHARD F. BROWN PAUL T. WELTER JARED A. YOUNG STEWART N. BROWN PAUL R. WEME KEITH A. YOUNG JAMES D. BROWNE, JR. GREGORY SCOTT WEMHOFF MICHAEL D. YOUNG CARRIE A. BRUNNER HEATHER A. WEMPE SARAH M. YOUNG LAURA C. BUDDEMEYER DANIELLE D. WEMYSS TODD E. YOUNG DWIGHT O. BULLARD MATTHEW J. WEMYSS DANIELLE R. YOUNGBERG KENNETH R. BULTHUIS BRANDON D. WENGERT BENJAMIN D. YOUNGQUIST TRENT B. BUNNELL, SR. JODEN A. WERLIN MINDY A. YU BRIAN E. BUSZINSKI MARCELINA B. WERNER GRETCHEN M. YULE KARL BUTLER, JR. MATTHEW W. WERNER PETER D. YULE MICHELLE A. BYRON JIMMY T. WEST PAULL YUZAPAVIK PHILIP M. CALA KELLY WEST MATTHEW D. ZAKRI KEITH J. CALDWELL LATASHA NICOLE WEST KARENA K. ZALOUDEK ROBERT H. CALLAHAN ROBERT E. WEST JOSE L. ZAMBRANO LESLIE CAMACHO JAMES T. WESTFALL ARIC L. ZEESE MATTHEW J. CAMEL JACOB M. WESTWOOD RYAN A. ZEITLER STEPHEN J. CAMERON PHILLIP A. WHEELER BAI L. ZHU MATTHEW D. CAMPBELL CHRISTINE L. WHELAN GREG M. ZICKEFOOSE NIKOLAY N. CAMPBELL MARK D. WHISLER MARGARET I. ZIELINKO THOMAS G. CAMPBELL III COLIE BARTOW WHITAKER IV CHRISTOPHER R. ZIELINSKI JOSE M. CAMPOS GEOFFREY N. WHITAKER JOSHUA S. ZIEMAK GABRIEL CAMPUZANO JONATHAN L. WHITAKER AARON J. ZOLNA RAYMOND C. CANZONIER MARK RYAN WHITAKER MICHAEL ZORIJ ANDREW M. CARRIGAN BENJAMIN BRUCE WHITE JEFFREY T. ZURICK ROGER A. CARVAJAL BRANDON C. WHITE IN THE ARMY JERROLD D. CASTRO JOSHUA T. WHITE MATTHEW L. CAVANAUGH KEITH S. WHITE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT M. CHAMBERLAIN KEVIN D. WHITE TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANDRUS W. CHANEY KEVIN E. WHITE UNDER TITLE 10, U.S.C., SECTION 624: KEION A. CHARLES MARCUS J. WHITE To be major JAMES T. CHASE THOMAS D. WHITE SEAN M. CHASE TIM RAY WHITELOCK CHARLES M. ABEYAWARDENA JOSEPH L. CHAVES MELVIN C. WHITLOW, JR. CHRISTINA R. ACOJEDO SUNNY S. CHEN JONATHAN L. WHITTAKER DUNCAN B. ADAMS INURELL CHESTER ADAM R. WICKES JONATHAN M. ADAMS MONIQUE M. CHETCUTI BRYAN K. WICKS ROBERT N. ADAMS MICHAEL J. CHILDS DANIEL PHILLIP WIESNER RONALD W. ADAMS, JR. SAPRIYA CHILDS JASON M. WILBUR SHANE AGUERO JASON J. CHOI MATTHEW S. WILCOXEN AYE K. AGYEI PETER S. CHOI JOSHUA D. WILD SABRE M. AJYEMAN KIP M. CHOJNACKI NICOLE N. WILEY MELISSA J. ALBAUGH ANTHONY W. CLARK BRIAN A. WILKEN JARED J. ALBRIGHT BARRY L. CLARK BROOKS A. WILKERSON DAVID A. ALFARO PATRICK D. CLARY FONTEZ L. WILKERSON NASSER ALI ADAM T. CLEMENTS BARRY D. WILLARD MICHAEL A. ALLARD ZACHARY G. COLE ADAM E. WILLIAMS DEAN P. ALLEN BRIAN H. COLLINS DAVID S. WILLIAMS JASON E. ALLEN ERIC A. COLLINS FLORA E. WILLIAMS NATHANIEL A. ALLEN JAMES B. COLLINS FORREST C. WILLIAMS SORSBY M. ALSTON JENNIFER G. COLLINS JUDITH EVE SHANI WILLIAMS JEFFREY T. ANDERSON ALBERT CONLEY III JUSTIN J. WILLIAMS TODD A. ANDERSON JEREMY C. CONNER KEVIN CHARLES WILLIAMS, JR. STEPHEN C. ANG CHRISTOPHER A. CONNOR MICHELLE LYNN WILLIAMS ROMAE M. ARAUD ANTONIO L. CONYERS ROBERT A. WILLIAMS JIMMY ARCHANGE THOMAS J. COOK WILLIAM C. WILLIAMS II KENNETH O. ARCHBOLD JACOB T. COOL GRAHAM C. WILLIFORD CRYSTAL D. ARMSTRONG JAMES D. COONFIELD III DANIEL CLYDE WILLIS MICHAEL L. ARNER MATTHEW C. COOPER WARD G. WILLIS BRYCE N. ASAGI NOAH B. COOPER GARLAND W. WILMOTH MICHAEL E. ASTIN ZACHARIAH A. CORKE ALISON R. WILSON DIANICA L. ATKINS JAMES E. COTNER, JR. ANDREW G. WILSON MARK N. AWAD SETH T. COTTRELL CARL B. WILSON BRIAN C. BABCOCKLUMISH CORY J. COUSINS CHIRIGA O. WILSON TOMIKO BALLARD DIRK P. CRAWFORD DAVID C. WILSON ERIC A. BALOUGH MATTHEW A. CRAWFORD DAVID J. WILSON ADAM M. BANCROFT STEVEN R. CREWS FREDRICK A. WILSON JAY T. BAO CATHERINE B. CROMBE GARRETT A. WILSON NOLAN J. BARCO JAMES A. CRUMP JONATHAN W. WILSON MICHAEL W. BARKER BRIAN C. CRUMPTON KEVIN D. WILSON BRIAN R. BARNES RIVERA E. CRUZ KURTIS IAN WILSON ROBERT A. BARRY MEGHAN L. CUMPSTON NEAL M. WILSON ROBERT C. BARTON CHARLES E. CUTLIP

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

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

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

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

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

● 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 12:26 May 20, 2014 Jkt 099102 PO 00000 Frm 00001 Fmt 0689 Sfmt 0634 E:\BR11\E09MY1.000 E09MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 9, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 5 6881 a commission to commemorate the ses- on monitoring systemic risk and pro- fense Authorization Request for fiscal quicentennial of the American Civil moting financial stability. year 2012 and the Future Years Defense War, S. 713, to modify the boundary of SD–538 Program. Petersburg National Battlefield in the Commerce, Science, and Transportation SVC–217 Commonwealth of Virginia, S. 765, to To hold hearings to examine economic Intelligence modify the boundary of the Oregon ramifications of cyber threats and To hold closed hearings to examine cer- Caves National Monument, S. 779, to vulnerabilities to the private sector. tain intelligence matters. authorize the acquisition and protec- SR–253 SH–219 tion of nationally significant battle- Finance fields and associated sites of the Revo- To hold hearings to examine oil and gas MAY 17 lutionary War and the War of 1812 tax incentives and rising energy prices. 10 a.m. under the American Battlefield Protec- SD–215 Foreign Relations tion Program, S. 849, to establish the Judiciary To hold hearings to examine strategic Waco Mammoth National Monument in Business meeting to consider S. 350, to implications of Pakistan and the re- the State of Texas, and S. 858, to au- require restitution for victims of gion. thorize the Secretary of the Interior to criminal violations of the Federal SD–419 conduct a special resource study to de- Water Pollution Control Act, S. 623, to 10:30 a.m. termine the suitability and feasibility amend chapter 111 of title 28, United Appropriations States Code, relating to protective or- of designating the Colonel Charles Department of Defense Subcommittee ders, sealing of cases, disclosures of To receive a closed briefing the United Young Home in Xenia, Ohio as a unit of discovery information in civil actions, States Northern Command the National Park System. S. 890, ‘‘Fighting Fraud to Protect Tax- (NORTHCOM) and the United States SD–366 payers Act of 2011’’, and the nomina- Southern Command (SOUTHCOM). tions of Henry F. Floyd, of South Caro- SVC–217 MAY 12 lina, to be United States Circuit Judge Homeland Security and Governmental Af- 9:15 a.m. for the Fourth Circuit, Kathleen M. fairs Foreign Relations Williams, to be United States District Federal Financial Management, Govern- To hold hearings to examine assessing Judge for the Southern District of ment Information, Federal Services, the situation in Libya. Florida, Nelva Gonzales Ramos, to be and International Security Sub- SD–419 United States District Judge for the committee 9:30 a.m. Southern District of Texas, Richard To hold hearings to examine addressing Energy and Natural Resources Brooke Jackson, to be United States the U.S. Postal Service’s financial cri- To hold hearings to examine carbon cap- District Judge for the District of Colo- sis. ture and sequestration legislation, in- rado, Sara Lynn Darrow, to be United SD–342 cluding S. 699, to authorize the Sec- States District Judge for the Central retary of Energy to carry out a pro- District of Illinois, and Donald B. MAY 18 gram to demonstrate the commercial Verrilli, Jr., of the District of Colum- 10 a.m. application of integrated systems for bia, to be Solicitor General of the Armed Services long-term geological storage of carbon United States, Department of Justice. Readiness and Management Support Sub- dioxide, and S. 757, to provide incen- SD–226 committee tives to encourage the development 10:30 a.m. To hold hearings to examine the current and implementation of technology to Appropriations materiel readiness of U.S. Forces in re- capture carbon dioxide from dilute Department of Defense Subcommittee view of the Defense Authorization Re- sources on a significant scale using di- To receive a closed briefing on the pro- quest for fiscal year 2012 and the Fu- rect air capture technologies. posed budget estimates for fiscal year ture Years Defense Program. SD–366 2012 for the United States Special Oper- SR–232A Appropriations ations Command, and the United Veterans’ Affairs Transportation and Housing and Urban De- States European Command. To hold hearings to examine seamless velopment, and Related Agencies Sub- SVC–217 transition, focusing on improving Vet- committee 2 p.m. erans Affairs and Department of De- Banking, Housing, and Urban Affairs fense collaboration. To hold hearings to examine proposed Housing, Transportation and Community SR–418 budget estimates for fiscal year 2012 for Development Subcommittee 2:30 p.m. the Federal Aviation Administration. To hold hearings to examine the need for Energy and Natural Resources SD–138 national mortgage servicing standards. Public Lands and Forests Subcommittee 9:45 a.m. SD–538 To hold hearings to examine S. 220, to Health, Education, Labor, and Pensions 2:30 p.m. provide for the reforestation of forest To hold hearings to examine the middle Environment and Public Works landscapes, protection of old growth class, focusing on if the American Clean Air and Nuclear Safety Sub- forests, and management of national dream is slipping out of reach for committee forests in the eastside forests of the American families. To hold hearings to examine Federal ef- State of Oregon, S. 270, to direct the SD–430 forts to protect public health by reduc- Secretary of the Interior to convey cer- 10 a.m. ing diesel emissions. tain Federal land to Deschutes County, Banking, Housing, and Urban Affairs SD–406 Oregon, S. 271, to require the Secretary Business meeting to consider the nomi- Homeland Security and Governmental Af- of Agriculture to enter into a property nations of Peter A. Diamond, of Massa- fairs conveyance with the city of Wallowa, chusetts, to be a Member of the Board To hold hearings to examine ten years Oregon, S. 278, to provide for the ex- of Governors of the Federal Reserve after 9/11, focusing on if intelligence re- change of certain land located in the System, David S. Cohen, of Maryland, form is working. Arapaho-Roosevelt National Forests in to be Under Secretary for Terrorism SD–342 the State of Colorado, S. 292, to resolve and Financial Crimes, Daniel L. Glaser, Appropriations the claims of the Bering Straits Native of the District of Columbia, to be As- Legislative Branch Subcommittee Corporation and the State of Alaska to sistant Secretary for Terrorist Financ- To hold hearings to examine proposed land adjacent to Salmon Lake in the ing, and Timothy G. Massad, of Con- budget estimates for fiscal year 2012 for State of Alaska and to provide for the necticut, to be Assistant Secretary, all the Secretary of the Senate, the Senate conveyance to the Bering Straits Na- of the Department of the Treasury, and Sergeant at Arms, and the United tive Corporation of certain other public Wanda Felton, of New York, to be First States Capitol Police. land in partial satisfaction of the land Vice President, and Sean Robert SD–138 entitlement of the Corporation under Mulvaney, of Illinois, to be a Member, Armed Services the Alaska Native Claims Settlement both of the Board of Directors of the SeaPower Subcommittee Act, S. 322, to expand the Alpine Lakes Export-Import Bank of the United To receive a closed briefing on threats Wilderness in the State of Washington, States; to be immediately followed by faced by our naval forces and the capa- to designate the Middle Fork an oversight hearing to examine the bilities of our naval forces to respond Snoqualmie River and Pratt River as Dodd-Frank implementation, focusing to those threats in review of the De- wild and scenic rivers, S. 382, to amend

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Act. S. 526, to provide for the conveyance of SD–366 SD–366 certain Bureau of Land Management land in Mohave County, Arizona, to the MAY 19 MAY 26 Arizona Game and Fish Commission, 10 a.m. for use as a public shooting range, S. 10:30 a.m. Foreign Relations Appropriations 566, to provide for the establishment of To hold hearings to examine evaluating the National Volcano Early Warning Department of Defense Subcommittee goals and progress in Afghanistan and To receive a closed briefing on the and Monitoring System, S. 590, to con- Pakistan. United States Central Command vey certain submerged lands to the SD–419 Commonwealth of the Northern Mar- (CENTCOM) and United States African Command (AFRICOM). iana Islands in order to give that terri- MAY 24 tory the same benefits in its submerged SVC–217 10 a.m. lands as Guam, the Virgin Islands, and Foreign Relations American Samoa have in their sub- JUNE 15 To hold hearings to examine al Qaeda, merged lands, S. 607, to designate cer- the Taliban, and other extremist 10:30 a.m. tain land in the State of Oregon as wil- groups in Afghanistan and Pakistan. Appropriations derness, to provide for the exchange of SD–419 Department of Defense Subcommittee certain Federal land and non-Federal To hold hearings to examine the Sec- land, S. 617, to require the Secretary of MAY 25 retary of Defense and the Chairman of the Interior to convey certain Federal the Joint Chiefs of Staff. 10 a.m. land to Elko County, Nevada, and to SD–192 take land into trust for the Te-moak Homeland Security and Governmental Af- fairs Tribe of Western Shoshone Indians of JUNE 16 Nevada, S. 683, to provide for the con- To hold hearings to examine how to save veyance of certain parcels of land to taxpayer dollars, focusing on case stud- 10:30 a.m. the town of Mantua, Utah, S. 684, to ies of duplication in the Federal gov- Energy and Natural Resources provide for the conveyance of certain ernment. To hold hearings to examine S. 343, to parcels of land to the town of Alta, SD–342 amend Title I of PL 99–658 regarding Utah, S. 667, to establish the Rio 10:30 a.m. the Compact of Free Association be- Grande del Norte National Conserva- Appropriations tween the Government of the United tion Area in the State of New Mexico, Department of Defense Subcommittee States of America and the Government S. 729, to validate final patent number To hold hearings to examine proposed of Palau, to approve the results of the 27–2005-0081, S. 766, to provide for the budget estimates for fiscal year 2012 for 15-year review of the Compact, includ- designation of the Devil’s Staircase the Missile Defense Agency. ing the Agreement Between the Gov- Wilderness Area in the State of Oregon, SD–192 ernment of the United States of Amer- to designate segments of Wasson and 2:30 p.m. ica and the Government of the Repub- Franklin Creeks in the State of Oregon Energy and Natural Resources lic of Palau Following the Compact of as wild rivers, S. 896, to amend the Public Lands and Forests Subcommittee Free Association Section 432 Review, Public Land Corps Act of 1993 to ex- To hold hearings to examine S. 233, to and to appropriate funds for the pur- pand the authorization of the Secre- withdraw certain Federal land and in- poses of the amended PL 99–658 for fis- taries of Agriculture, Commerce, and terests in that land from location, cal years ending on or before Sep- the Interior to provide service opportu- entry, and patent under the mining tember 30, 2024, to carry out the agree- nities for young Americans; help re- laws and disposition under the mineral ments resulting from that review. store the nation’s natural, cultural, and geothermal leasing laws, S. 375, to SD–366

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