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

Vol. 156 WASHINGTON, WEDNESDAY, NOVEMBER 17, 2010 No. 150 Senate The Senate met at 9:30 a.m. and was Mr. UDALL of New Mexico thereupon or their designees. At 11 a.m., the Sen- called to order by the Honorable TOM assumed the chair as Acting President ate will proceed to vote on the motion UDALL, a Senator from the State of pro tempore. to invoke cloture on the motion to pro- New Mexico. f ceed to S. 3772, the Paycheck Fairness Act. If cloture is not invoked, the Sen- PRAYER RECOGNITION OF THE MAJORITY ate will immediately proceed to vote LEADER The Chaplain, Dr. Barry C. Black, of- on the motion to invoke cloture on the fered the following prayer: The ACTING PRESIDENT pro tem- motion to proceed to S. 510, the FDA Let us pray. pore. The majority leader is recog- Food Safety and Modernization Act. As O God of infinite goodness, confirm nized. a result of the order that was just en- Your past mercies to us by empowering f tered, the Senate will recess from 12:30 until 4 p.m. today. us to be faithful to Your commands. SCHEDULE Help our lawmakers this day to use f ORDER OF PROCEDURE their understanding, affections, health, FOOD SAFETY ACT time, and talents to do what You de- Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I am not sire. May they strive to please You imous consent that the cloture motion going to give a long speech on food with faithful service. Lord, rule their on the motion to proceed to S. 3815, the safety. I will say, however, how impor- hearts without a rival, guiding their Natural Gas and Electric Vehicles Act, tant it is. thoughts, words, and works. Take pos- be withdrawn and that at 11 a.m. the Senate then resume the motion to pro- I read a column today where someone session of their hearts and order their kind of minimized the importance of steps by the power of Your loving prov- ceed to S. 3772 and immediately vote on the motion to invoke cloture on the this and why should the Senate be idence. working on this issue. I would invite We pray in Your sacred Name. Amen. motion to proceed; further, that the Senate recess from 12:30 to 4 p.m. today them to meet a number of people in Ne- f and that if cloture is invoked this vada who had near-death experiences PLEDGE OF ALLEGIANCE morning, then postcloture time con- as a result of eating tainted food. That tinue to run during any recess or ad- is what this legislation is all about. It The Honorable TOM UDALL led the is something we should have done be- journment of the Senate today. Pledge of Allegiance, as follows: fore. It is a real shame that we have The ACTING PRESIDENT pro tem- I pledge allegiance to the Flag of the not been able to. I hope we can get this pore. Without objection, it is so or- United States of America, and to the Repub- done before we leave here this year. I dered. lic for which it stands, one nation under God, cannot get out of my mind the little Mr. REID. Mr. President, I have spo- indivisible, with liberty and justice for all. girl who was so sick from eating spin- ken to Senator HATCH and Senator f ach that was tainted. She has been MENENDEZ, who are the main sponsors hurt so badly for the rest of her life. APPOINTMENT OF ACTING of this legislation. It is extremely im- She was held back in school. Her body PRESIDENT PRO TEMPORE portant legislation. We are going to is not what it should be. Her growth The PRESIDING OFFICER. The continue to work to get this done. This has been stunted. So anyone who mini- clerk will please read a communication is a bipartisan bill. There is some dis- mizes the importance of this legisla- to the Senate from the President pro pute as to what the pay-fors should be, tion does not understand how sick tempore (Mr. INOUYE). but it is something we should be able these people get and how often they die The assistant legislative clerk read to work out, and hopefully we can do it as a result of food poisonings. the following letter: before the end of this year. Whether we f U.S. SENATE, can do that depends a lot on the sched- PRESIDENT PRO TEMPORE, ule, but it is one of the most important RESERVATION OF LEADER TIME Washington, DC, November 17, 2010. things we can do. It is job creating, The ACTING PRESIDENT pro tem- To the Senate: great for the environment, and great pore. Under the previous order, the Under the provisions of rule I, paragraph 3, for the security of this Nation. leadership time is reserved. of the Standing Rules of the Senate, I hereby Following any leader remarks, the appoint the Honorable TOM UDALL, a Senator f Senate will turn to a period of morning from the State of New Mexico, to perform MORNING BUSINESS the duties of the Chair. business until 11 a.m. this morning, DANIEL K. INOUYE, with the time until 11 equally divided The ACTING PRESIDENT pro tem- President pro tempore. and controlled between the two leaders pore. Under the previous order, there

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

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VerDate Mar 15 2010 00:18 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.000 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7914 CONGRESSIONAL RECORD — SENATE November 17, 2010 will now be a period of morning busi- sold out Central and Eastern Europe Secretary of Defense Rumsfeld, and ness until 11 a.m., with the time equal- and the former Yugoslavia to the Sovi- Chairman of the Joint Chiefs of Staff ly divided and controlled between the ets at the Yalta and Tehran con- GEN Richard Myers at the NATO Sum- two leaders or their designees, with the ferences in 1943 and 1945. These states mit in Prague on November 21, 2002, Senator from Iowa, Mr. HARKIN, con- would become the ‘‘Captive Nations’’ when NATO Secretary General Lord trolling 15 minutes; the Senator from suffering under the specter of Soviet Robertson officially announced the de- Connecticut, Mr. DODD, controlling 15 domination, brutality, and oppression cision to invite Bulgaria, Estonia, Lat- minutes; and the Senator from Mary- for nearly 50 years. via, Lithuania, Romania, Slovakia, and land, Ms. MIKULSKI, controlling 5 min- As a public official in Ohio, I re- Slovenia to become part of the Alli- utes of the majority’s time. mained a strong supporter of the Cap- ance. This was truly one of the most Mr. REID. Mr. President, I suggest tive Nations. During my tenure as thrilling days of my tenure as a Sen- the absence of a quorum and ask unani- mayor of Cleveland, I joined my broth- ator. mous consent that the time be equally ers and sisters in the Eastern European Later that day, my wife Janet and I divided. Diaspora to celebrate the independence were happy to attend a dinner in honor The ACTING PRESIDENT pro tem- days of the Captive Nations at City of Czech President Vaclav Havel at the pore. Without objection, it is so or- Hall. We flew their flags, sang their Prague Castle. Following that dinner, dered. songs, and prayed that one day the peo- at 1:30 a.m. Prague time, I placed a call The clerk will call the roll. ple in those countries would know free- to Cleveland to talk with my brothers The assistant legislative clerk pro- dom. and sisters at home with ties to these ceeded to call the roll. We saw the Berlin Wall fall and the NATO aspirant countries. They had Mr. VOINOVICH. Mr. President, I ask Iron Curtain torn in half thanks large gathered in the Lithuanian Hall at Our unanimous consent that the order for in part to the leadership of Pope John Lady of Perpetual Help to celebrate the quorum call be rescinded. Paul II, President Reagan, and Presi- that day’s historic events, and this was The ACTING PRESIDENT pro tem- dent George H.W. Bush. But even with truly a capstone to years of effort. pore. Without objection, it is so or- the end of the Cold War, I remain deep- It is because of my long history and dered. ly concerned that darker forces in Rus- work with the Captive Nations that I f sia are reemerging as a threat to de- continue to worry about the uncertain- RUSSIA AND THE NEW START mocracy, human rights, and religious ties of our future relationship with TREATY freedom, not just for the Russian peo- Russia. I have traveled to 19 countries ple but for the citizens of the newly during my 21 trips to the region as a Mr. VOINOVICH. Mr. President, I freed Captive Nations. Senator. Presidents, prime ministers, rise today to discuss the challenges This concern in 1998 during my ten- and foreign ministers in Eastern Eu- America faces in our relationship with ure as Governor of Ohio and Chair of rope have told me time and time again Russia and their implications on the the National Governor’s Association it is comforting for them to know their Senate’s consideration of the new Stra- prompted me to pursue an all-50 State relationship with NATO and the United tegic Arms Reduction Treaty, known resolution supporting NATO member- States serves as a vital hedge against as START. ship for the Czech Republic, Hungary, the threat of a future potentially ex- A number of my colleagues on both and Poland. pansionist Russia. sides of the aisle have spoken about the When I think about the importance Yet now there is much talk from this treaty’s impact on global nuclear non- of NATO and our commitment to the administration about resetting the proliferation. I would like to use my Captive Nations, I am inspired by U.S. bilateral relationship with Russia. remarks today to highlight my con- President George W. Bush’s speech on Moscow seeks to regain its global stat- cerns about the treaty in the broader NATO expansion in Warsaw on June 15, ure and be respected as a peer in the context of: one, the Obama administra- 2001. President Bush stated: ‘‘We international community. I do not tion’s ‘‘Reset Policy’’ towards Russia; should not calculate how little we can blame them. and two, the new START treaty’s im- get away with, but how much we can President Obama’s May 2010 National pact on our allies in Eastern Europe do to advance the cause of freedom.’’ Security Strategy states: ‘‘We seek to and the Baltic states. I believe these There was concern at that time be- build a stable, substantive, multi- concerns must be addressed by the ad- cause of the debate with Russia that dimensional relationship with Russia, ministration before I can determine we would back off and not support fur- based on mutual interests. The United my support for the treaty. ther expansion of NATO. States has an interest in a strong, Over the last decade I have been an I worked diligently from my first day peaceful, and prosperous Russia that ardent champion of NATO and have as a member of the Senate in 1999 to respects international norms.’’ I agree worked diligently to increase member- extend NATO membership to my broth- with the administration. There is noth- ship in the alliance. I have also been ers and sisters in the former Captive ing inherently wrong with this ap- active in improving our public diplo- Nations. I knew NATO membership proach. macy in Eastern Europe through our would provide these fledgling democ- There are indeed key areas where the expansion of the Visa Waiver Program racies safe harbor from the possible United States and Russia share com- at the request of our friends and allies threat of new Russian expansionism. mon cause and concern: in Central and Eastern Europe. That But I also knew the process of NATO 1. Russia is a permanent member of legislation which the President signed expansion would enhance much more the U.N. Security Council and will con- on Visa Waiver was supported by both than security in Europe. tinue to be essential towards any effec- our State Department and by our De- As I noted in a speech on the Senate tive multilateral pressure on Iran to partment of Homeland Security. floor on May 21, 2002, ‘‘While NATO is give up its nuclear program. In my remaining time in the Senate, a collective security organization, 2. Russia continues to have leverage I will continue to work to strengthen formed to defend freedom and democ- on the North Korean regime and has the Visa Waiver Program which has racy in Europe, we cannot forget that stated a nuclear-free Korean peninsula improved our image in the world and common values form the foundation of is in the interest of both our nations. strengthened our borders through the alliance.’’ In other words, the foun- Russia continues to have leverage on shared best practices and enhanced in- dation of the Alliance is based on com- the North Korean regime and has stat- telligence sharing with our partners mon values. ed a nuclear-free Korean Peninsula is and allies abroad. Democracy, the rule of law, minority in the interest of both our nations. My passion for foreign relations rights, these are among the values that No. 3, we are partners in the Inter- stems in large part from my upbringing form the hallmark of the NATO alli- national Space Station, relying on the as the grandson of Southeast European ance. Russians. Until the August 2008 inva- immigrants. As an undergraduate at One of my proudest moments as a sion of Georgia, our government and Ohio University, my first research Senator was when I joined President U.S. industry were working hard on a paper examined how the United States Bush, Secretary of State Colin Powell, nuclear cooperation agreement with

VerDate Mar 15 2010 00:18 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.013 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7915 Russia similar to the one we entered are not abstract. They are rooted in One of the best ways to alleviate the into with India. In fact, I worked on blood and tears and in a history of anxiety about the Russian military that with Senator LUGAR. I thought abandonment. My hometown of Cleve- amongst our Captive Nation allies is that was a good idea. With the world land, OH, was once the city with the for this administration to pursue nego- economy as it is today, the worst thing world’s second largest population of tiations with Russia toward its compli- we can do is break off communication Hungarians after Budapest. I remember ance with the Treaty on Conventional and revert back to our Cold War posi- vividly the stories my Hungarian Armed Forces in Europe, the CFE. The tions. President Obama’s trip to Mos- brothers and sisters told me about the Senate’s potential consideration of a cow last year and President Medvedev’s Hungarian revolution of 1956. Encour- new START cannot be disconnected reciprocal trip to Washington in June aged by the implicit promise of inter- from Russia’s prior track record on were opportunities to further engage vention from the United States and the treaty compliance. Russia decided in Russia and determine where we have a United Nations, hundreds of thousands 2007 to suspend its compliance with the symbiotic relationship and what we of Hungarians protested against the CFE treaty, a treaty signed by 22 coun- can accomplish together for the good of People’s Republic of Hungary in sup- tries that placed balanced limits on the the international community. port of economic reform and an end to deployment of troops and conventional However, I believe our reset policy political oppression. Those protests weapons in Europe. This unilateral de- with Russia should not establish a rela- spread throughout Hungary. The gov- cision by Moscow should serve as a re- tionship with Moscow at the expense of ernment was overthrown. But Moscow minder to Senate colleagues about the former Captive Nations. We simply sought to maintain its control over the Moscow’s commitments to its inter- do not know how our relationship with captive nations, took advantage of national obligations. Russia’s compli- Russia will transpire during the years America’s inaction on the rebellion, in- ance with the CFE treaty is essential to come. Will Russia fully embrace a vaded Hungary, crushed the revolution to sustained security and stability in democratic government, free markets, and established a new authoritative Central and Eastern Europe. Again, and the rule of law or will Russia seek government. Over 2,500 Hungarians complying with it would send a very to reestablish its influence over the were killed in the conflict, and 200,000 former Soviet Union whose collapse Hungarians fled as refugees to the great signal to the people worried then-President and now-Prime Min- West. Hungary would suffer under the about Russia’s direction. Our friends in Central and Eastern ister Vladimir Putin described in 2005 oppression of the Soviet Union for as ‘‘the greatest geopolitical catas- nearly another half century. Of course, Europe are worried about the uncer- trophe’’ of the 20th century? This is there was a similar episode in Czecho- tainty surrounding a Russia that ap- what Putin had to say about the dis- slovakia during the Prague spring of pears at times to be reverting back to solution of the Soviet Union, a pretty 1968. an authoritative state seeking to striking comment coming from the The former captive nations have ac- weaponize its oil and natural gas re- former President and now Prime Min- complished so much as free market de- sources as a means to expand its influ- ister. mocracies and members of the NATO ence on Europe and the West. Russia This brings us to the topic of the new alliance. Our friends and allies must has the largest reserves of natural gas START treaty, which the Senate may have absolute confidence negotiations and the eighth largest oil reserves. consider in the coming weeks. Amer- toward the new START treaty did not Moscow turned off the tap to Europe in ica’s grand strategy toward Russia include side agreements or informal the recent past. They could do it again. must be realistic. It must be agile. As understandings regarding any Russian We should also be concerned about I have said, it must take into account sphere of influence in those Captive Moscow using its control of oil and the interests of our NATO allies. I am Nations. Moreover, I remain deeply natural gas to pit members of NATO deeply concerned the new START trea- concerned, even in the absence of against each other. I know when I was ty may once again undermine the con- agreements of understanding, that the at the German Marshall Fund Brussels fidence of our friends and allies in Cen- former Captive Nations may once again forum this year and last, I spoke with tral and Eastern Europe. Let me be ab- wonder: Will the West abandon us our friends in the EU and encouraged solutely clear: I do not ideologically again? Will agreement with Russia them that rather than unilaterally ne- oppose the administration’s non- once again be placed above the inter- gotiating with Russia in terms of nat- proliferation agenda. The President’s ests and concern of our allies? Will we ural gas, they should all come together stated goal of a world without nuclear forget what happened after Yalta and and negotiate as a team so they weapons is noble, but I believe the Sen- Tehran? We cannot let this happen wouldn’t be pit against the other. Un- ate’s consideration of the new START again. fortunately, most of them ignored treaty must be considered through a Second, the former Captive Nations that. wider lens that includes the treaty’s are also closely watching Russia’s mili- Finally, I am deeply troubled that implications for our friends and allies tary activities. Last September—and the Obama administration has decou- in the former captive nations. nobody made a big deal out of it—Rus- pled Russia’s human rights record from Let’s talk about what is going on sia undertook Operation West, a mili- America’s bilateral relationship with right now. First, I am concerned about tary exercise involving 13,000 troops Russia. The United States and Russia the uncertainties surrounding a Russia simulating an air, sea, and nuclear at- are both signatories of the 1975 Hel- that could revert back to a country tack on Poland. Not much said about sinki Declaration, which clearly states seeking to expand its influence on the it. These war games, which took place that: Baltic States and Eastern Europe. during the 70th anniversary of Polish Participating States will respect human President Medvedev’s February 2010 independence, were the largest Russian rights and fundamental freedoms, including National Military Doctrine of the Rus- military exercises since the end of the the freedom of thought, conscience, religion sian Federation, released 2 months be- Cold War. If we look at the Russian or belief, for all without distinction as to fore the conclusion of the new START military’s recent activity, one cannot race, sex, language or religion. treaty in April of this year, explicitly help but understand our allies’ concern In recent years, we have seen any- labels NATO expansion as a national Moscow may be reverting to the past. I thing but a respect for human rights in threat to Russia’s existence and reaf- hope President Obama will meet with Russia. Prime Minister Putin stated firms Russia’s right to use nuclear leaders from the former Captive Na- during a recent interview with the weapons if the country’s existence is tions this weekend during the NATO Kommersant newspaper that pro- threatened. I am sure such statements, summit in Lisbon. The President democracy demonstrators in Russia as- combined with Russia’s 2008 invasion of should provide these leaders public re- sembling without prior permission Georgia, send shivers down the spines assurance that the United States re- ‘‘will be hit on the head with batons. of our brothers and sisters in Central mains committed to article 5 of the That’s all there is to it.’’ and Eastern Europe, even if they don’t North Atlantic Treaty, which states The actions of the Russian Govern- say so publicly. that an attack on any member of ment speak louder than words. We have The concerns of our captive nation NATO shall be considered to be an at- seen protests canceled, newspapers brothers and sisters regarding Russia tack on all. closed, activists detained and abused.

VerDate Mar 15 2010 00:18 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.014 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7916 CONGRESSIONAL RECORD — SENATE November 17, 2010 Yet we have seen little effort by this the nonproliferation side. He has an ob- For 39 years, Kentuckians have bene- administration to engage in a sus- ligation to look at it as part of reset- fited from his incisive political cov- tained dialog with Moscow on its ting our relationship with Russia, and erage. As he moves on to a position human rights record and commitments we ought to get some things cleared up with Mid-Continent University in under the Helsinki Declaration. We did before we go ahead and sign this trea- Mayfield, KY, I know I speak for many more about human rights violations 20 ty. Kentuckians when I say: Thank you, years ago in Russia than we are doing I yield the floor. Bill. Thank you, Bill, for your dedi- today. It is like we have tape over our f cated service. You certainly will be mouth. missed. As David Kramer of the German Mar- RECOGNITION OF THE MINORITY Bill’s own newspaper, the Paducah shall Fund of the United States notes LEADER Sun, recently published an excellent in a Washington Post opinion on Sep- The ACTING PRESIDENT pro tem- article about his life and career, and I tember 20: pore. The Republican leader is recog- ask unanimous consent that the full The human rights situation in Russia is nized. article be printed in the RECORD. bad and likely to get more worse as [Rus- There being no objection, the mate- sia’s] March 2012 presidential election nears. f Those in power will do anything to stay in rial was ordered to be printed in the power . . . Enough already with U.S. expres- TRIBUTE TO BILL BARTLEMAN RECORD, as follows: sions of ‘‘regret’’ about the deteriorating sit- Mr. MCCONNELL. Mr. President, I [From the Paducah Sun, Oct. 24, 2010] uation inside Russia—it’s time to call it like AFTER 39 YEARS, BARTLEMAN TO RETIRE it is: Condemn what’s happening there and rise to pay tribute to a legendary Ken- FROM SUN consider consequences for continued human tucky newspaperman who, after 39 rights abuses. years, is retiring, and the Common- Kentucky’s longest-running legislative re- porter plans to retire from The Paducah Sun I believe the Obama administration’s wealth will certainly be the poorer for it. I am going to miss my old friend, in November. inaction and reluctance to confront Bill Bartleman, 61, will retire from the Sun Russia on its human rights record Bill Bartleman of the Paducah Sun, as after 35 years of covering government and sends a dangerous signal to Moscow his service in the fourth estate ends politics, and nearly 39 years total working that there are little or no consequences this month. for the newspaper. for bad behavior. At a minimum, such Bill’s first day at the Paducah Sun ‘‘I have thoroughly enjoyed my career as a coddling of bad behavior by the West was January 7, 1972, when the Murray reporter for The Paducah Sun and have only serves to embolden Moscow as to State University graduate was hired as mixed emotions about retiring,’’ Bartleman our resolve to hold Russia to account both a reporter and a photographer. In said. on its international obligations, a dis- the four decades since, he has covered ‘‘The profession has provided me with op- portunities to experience things and see tressing thought as we consider the Senators and Governors, local law- things that others don’t get to see and feel. new START in the Senate. makers and the Kentuckians whose Most gratifying are the memories of the peo- I have fought all my life to secure names you may not know but who, in ple I’ve met and having the opportunity to freedom for my brothers and sisters in his words, ‘‘make life happen.’’ work for people who care.’’ Central and Eastern Europe and the He has interviewed a President of the The Pennsylvania native graduated from former Yugoslavia. Once they received United States, and he has ridden a hot Murray State University in December 1971. their freedom, I championed—and con- air balloon over the Ohio River. He has Bartleman served his first day at the Sun on tinue to champion—their membership become Kentucky’s longest running Jan. 7, 1972, after being hired as a dual re- in NATO and the EU. I am working porter and photographer with the majority legislative reporter. He has led quite a of his duties in photography. with Senator SHAHEEN right now in the life of accomplishment, and I wish him He took over the paper’s government and former Yugoslavia to see how many of well in the next stage of his career. politics beat in 1975 and covered, in person, those countries we can get into the Eu- I first met Bill when he covered my every session of legislature in Frankfort ropean Union and how many we can get initial race for the Senate in 1984, and from 1976–2007 while using the Web, phone into the NATO alliance. I will be he has covered every one of my races interviews and less frequent Frankfort visits darned, at this stage in my life, to do since that time. For my last election for coverage in the past three years. anything that would jeopardize their campaign in 2008, Bill moderated a de- A frequent commentator for more than 30 security and economic prosperity. I years on Kentucky Educational Television’s bate between me and my opponent that ‘‘Comment on Kentucky,’’ Bartleman also have seen too many opportunities for was broadcast on C–SPAN. So the the region slip away during my life- served as a panelist for KET political debates whole Nation had a chance to see Bill for governor, U.S. senator and other offices. time. I will not let it happen again. hard at work. He was fair, honest, and In 2008, he moderated a U.S. Senate can- Political expediency should never be professional, as always. didate debate between Sen. Mitch McConnell an excuse to rush to judgment on pub- After 39 years, it would be easy for and Bruce Lunsford, which was broadcast on lic policy, let alone our national secu- some reporters to make the mistake of C–SPAN, the national cable affairs network. rity. Treaties supersede all laws and thinking they are the story—but not Bartleman said he will become an adminis- acts of Congress. The Senate’s advice- trator at Mid-Continent University in Bill. This veteran journalist has words and-consent duties on treaties are Mayfield on Dec. 1. of wisdom for young reporters. This is among our most solemn constitutional ‘‘I learned early in my career that The Pa- what Bill had to say: duties. I cannot, in good conscience, ducah Sun has had a rich tradition and re- sponsibility of reporting news thoroughly, determine my support for this treaty Remember the responsibility of what you do. fairly and accurately,’’ Bartleman said. ‘‘It until the administration assures me He went on to say: is a tradition handed down by Ed Paxton, Sr. that our reset policy with Russia is a I’ve always viewed myself as one of his care- policy that enhances rather than di- Bill Bartleman isn’t important, but what takers to help carry on that tradition and re- minishes the national security of our he covers is important. You need to rep- sponsibility. It is time for me to pass on my friends and allies throughout Europe. resent the public and report what happens caretaker role to someone else and meet a Moreover, I must receive the strong- fairly. You can’t send people tainted water, new and exciting challenge.’’ and you can’t send tainted news. est assurances that this policy does not f once again amount to the United Those words are well said. Those of us in public life will always have a PRIORITIES DURING LAMEDUCK States leaving our brothers and sisters SESSION in the former Captive Nations alone close relationship with members of the against undue pressures from Russia. press. Sometimes it is a bit challenging Mr. MCCONNELL. Mr. President, When I finally cash out, I want to and sometimes it is frustrating. Some- both Republicans and Democrats in the know these countries we forgot at the times the politician and the reporter Senate held many meetings this week end of the Second World War, where do not always see eye to eye. I cannot to assess the priorities of our respec- millions of people were sent to the say Bill Bartleman and I agree on ev- tive conferences. gulag, will never be forgotten again. erything. But I can say that Bill I am extremely proud of the clarity I think this President has an obliga- Bartleman will always have my re- my Republican colleagues have used to tion to look at this treaty beyond just spect. express what our priorities must be and

VerDate Mar 15 2010 03:04 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.015 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7917 that we have listened to the American FDA FOOD SAFETY procedurally—I wish to say I am doing people. Last night, Republicans ex- MODERNIZATION ACT that in her name and in the memory of pressed the need to cut spending, re- Mr. DURBIN. Mr. President, I know her son Alex and the thousands, tens of duce the debt, shrink the size and scope my colleague, Senator HARKIN, will be thousands, maybe even more, across of the Federal Government, and help on the floor momentarily to speak America who are victims of contami- spur private sector employment—in about the Food Safety Modernization nated food. short, change the way Washington is Act. I wish to preface my remarks by For some people, it is just a simple doing business to get our economy thanking him personally. TOM HARKIN case of indigestion or diarrhea that going again. has been not only a great colleague and goes away after a few days. It may be There is no question that is a senti- friend, he has been such an exceptional mistaken for the flu. For others, it gets ment shared by the American people. I leader when it comes to this important more serious. The number of Ameri- would be remiss if I did not also ex- issue. It is no surprise for those of us cans who die or become severely ill due press some dismay with the priorities who know TOM HARKIN’s congressional to preventible foodborne illness is un- that are being put forward on the other and Senate career. He has always been acceptably high, and it has been that side of the aisle. an extraordinary leader. way for a long time. This is a lameduck session, and they The Americans with Disabilities Act, Every year, 76 million Americans suf- have an opportunity to respond to the which literally has changed the face of fer from preventable foodborne illness. American people before we convene for America and opened doors for the dis- Mr. President, 325,000 of our family the 112th Congress, but there is no rea- abled across our Nation, is not only members, friends, and neighbors are son why we cannot get to work on their one of the most dramatic steps forward hospitalized each year because of food behalf beginning today. when it comes to human rights and contamination and 5,000 die—100 a Let me share with you what I believe civil rights in my time, it was led by week. That means that every 5 minutes our priorities need to be during the Senator TOM HARKIN of Iowa and Sen- 3 people are rushed to the hospital be- lameduck session: first and foremost, ator Robert Dole, Republican of Kan- cause the food they ate made them preventing massive tax increases on sas, who then served in the Senate. sick, and at the end of the day 13 will families and small businesses and stop- So TOM HARKIN has been our con- die. ping the Washington spending spree. It science and our leader when it comes Throughout the debate on this bill, I is critical we send a message to job cre- to issues involving safety, human have shared the heartbreaking stories ators that Congress will not raise taxes rights, and expanding the reach of free- of victims such as Alex Donley and his on January 1. dom in our Nation to those who other- family. Some of these victims who In September, I offered a bill that were courageous enough to share their would make the current tax rates per- wise might have been denied. I will tell you why I am passionate stories will suffer chronic symptoms manent. In other words, nobody—no- about the food safety issue. It goes that do not go away for a long time, if body—in America would get a tax hike back to a note I received as a Congress- ever. The victims who have died would at the end of the year. The White man. It was almost 16 years ago. It was have wished they were lucky enough to House did not like that idea. Their a note from a woman who did not live be alive, even with these long-term ill- preference was to raise taxes on small in my congressional district. She was nesses. businesses. I think it is safe to say the from Chicago and I was 200 miles away. Today, as we vote to move to this American people clearly preferred our bill, I will be thinking about how much proposal: no tax hikes on anybody, es- Her name was Nancy Donley, and she it means to so many of us. I talked pecially in the middle of a recession. told the story of her 5- or 6-year-old about Nancy Donley and her son Alex. We should be creating jobs, not killing son Alex. She brought some hamburger They are not the only ones. There are them. home from the local grocery store to It is my hope that starting today fix it for her son. She made his dinner. people all across America who under- Democrats will turn to the priorities He ate it, and then he got sick, terribly stand, when they go shopping at the that reflect the wishes of the American sick. In a matter of a few hours, he was food store and buy groceries or buy people. If they choose that route, I at the hospital, and in a matter of a produce, there is a sort of built-in as- know Republicans will be happy to few days he had passed away. sumption it is safe. Would our govern- work with them to get those things ac- He was a victim of E. coli. Trust me, ment let things be put on the shelves complished. If not, I am confident Re- his mom would never have done any- in a store that have not been inspected, publicans will be eager to chart a dif- thing to harm him, and she thought that are not safe? ferent course on behalf of the American she was doing the right thing to cook Most people assume that if the gov- people. his meal and bring it to him at the din- ernment is doing its job like it is sup- When we return from the Thanks- ner table. Unfortunately, that family posed to, they should not have to worry giving break, Republican and Demo- decision, which is made millions of about those things. Well, to a great ex- cratic leaders will have an opportunity times across America every single day, tent, they are right. We have extraor- to discuss these priorities with the was a fatal decision. dinary resources in the Federal Gov- President in a meeting at the White Nancy Donley—heart broken, her life ernment dedicated toward food safety. House. I am looking forward to the shattered by the loss of that little boy But the simple fact is, there are wide meeting and to the opportunity to she loved so much—could have shrunk gaps when it comes to food safety in share with the President again the away in despair and anger over what America, and those gaps need to be areas where we agree. I believe we can had happened but did not. She made it closed by this bill. work together to increase opportuni- her passion and her crusade to gather The vast majority of Americans un- ties for job growth here at home others like her in behalf of the cause of derstand this. According to a recent through increased trade opportunities food safety. She started an organiza- poll commissioned by Pew, 89 percent abroad. I agree with the President that tion called Safe Tables Our Priority— of Americans want us to modernize our we should increase our exploration for or STOP—and started lobbying Mem- food safety system. Thanks to the lead- clean coal technology and nuclear en- bers of Congress, even a Congressman ership of Senator HARKIN and Senator ergy, and Americans feel strongly that 200 miles away, to do what they could ENZI, our Republican colleague, our we need to reduce spending and our na- to make our laws stronger and better food safety bill passed the Health, Edu- tional debt. across America. cation and Labor Committee unani- We can work together on all those I have kept in touch with Nancy. It mously more than a year ago. items, and the White House meeting is has been over 16 years. We are close This bill has substantial bipartisan a good opportunity for congressional friends now. I have to tell you that in support. Twenty Republican and Demo- Democrats to join us in those efforts. my pantheon of heroes, Nancy Donley cratic Senators are already committed I yield the floor. is right up there for what she has done to it. It is supported by a broad group The ACTING PRESIDENT pro tem- with her life. If we are fortunate of consumer protection interests, in- pore. The Senator from Illinois is rec- enough today and successful in passing cluding those at the Grocery Manufac- ognized. this bill—at least moving it forward turers Association and those at the

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I wish to offer a brief The FDA Food Safety Modernization monella, didn’t fully or quickly recall unanimous-consent request that fol- Act will provide the FDA with the au- food that made people sick. The Food lowing Senator HARKIN’s speech for up thority it needs to prevent, detect, and Safety Modernization Act is going to to 15 minutes I be recognized for 5 min- respond to food safety problems. change that by ensuring the FDA can utes, and that any remaining time on The bill will increase the frequency compel a company to recall food that our side be reserved for Senator ENZI, of inspection at all foreign and domes- can cause serious adverse health con- the Senator from Wyoming. tic food facilities according to the risk sequences or death. The ACTING PRESIDENT pro tem- they present. Experts agree that individual busi- pore. Is there objection? One of the issues we have to be aware nesses are in the best position to iden- Without objection, it is so ordered. of is that a global economy means food tify and prevent food safety hazards at Mr. CORNYN. I thank the Chair. is moving across borders more fre- their own facilities. The people who The ACTING PRESIDENT pro tem- quently. It is rare that we have the re- run a facility know where the vulnera- pore. The Senator from Iowa is recog- sources in place in some foreign coun- bilities are on the assembly line and nized. try to make sure what is in that can or they know which hazards their foods Mr. HARKIN. Mr. President, I thank in that package is safely prepared. This are most susceptible to. That is why the Senator from Texas for yielding. bill moves us toward this goal. We pick our bill requires each business to iden- I wish to thank Senator DURBIN for the things that are the most dangerous tify the food safety hazards at each of all the work he has done on food safety when it comes to food imports and say its locations and then implement a for so many years. He has been a lead- they will be the highest priority; we plan that addresses those hazards and er. He has prompted us and prodded us will start the inspection now on food keeps the food safe and free of con- to get to this point, and we have a good imports coming into the United States. tamination. The bill gives the FDA the bipartisan bill. I wish to take a few mo- The FDA doesn’t currently have the re- authority to review and evaluate these ments to talk about it before the vote sources or statutory mandate to in- food safety hazard prevention plans that will be coming up in the next spect more frequently, and what they and hold companies accountable. hour. do inspect in terms of imports is very I see the chairman of the committee The aim of the Food Safety Mod- limited. We expand that to the most on the floor and I will end in a mo- ernization Act, as it is called, is very high-risk, dangerous food products that ment. simply to bring our Nation’s anti- Finally, our bill gives the FDA the might come in. quated and increasingly inadequate in- Most facilities are inspected by the authority to prevent contaminated spection service into the 21st century. Food and Drug Administration, though food from other countries from enter- This bill takes a comprehensive ap- only once every 10 years. Think about ing the United States. If a foreign facil- proach to reforming the current sys- it. The U.S. Department of Agriculture ity refuses U.S. food safety inspection, tem. I am pleased to report that this is in place every single day at meat and the FDA has the authority to deny bill is a product of strong bipartisan poultry and production facilities with entry to their imports. Think about collaboration on the Health, Edu- that. This is now going to be put into the inspectors in place to do the job. cation, Labor and Pensions Committee. the law that if you are producing food When it comes to the FDA, an agency Again, I wish to particularly thank overseas and you will not allow us to with such a broad responsibility—in Senator DURBIN and Senator GREGG inspect your facility, we can stop ex- fact, much broader: 1 inspection every who have worked together over many ports to the United States. Is there any 10 years—if it is your son or daughter, years to produce this excellent bill. I Member of the Senate, any family, who your baby, someone you love, is that also wish to thank our ranking mem- doesn’t think that is a good idea? That enough? I don’t think it is. This bill ber, Senator ENZI, for his leadership in is what this bill is all about. significantly increases the frequency of helping to bring this bill to the floor, I wish to thank Senator HARKIN for inspections at all domestic and foreign his extraordinary leadership on this as well as to my good friend Senator food production facilities according to bill. I can’t tell my colleagues how DODD who has been working on this bill the risks they present. The bill gives many times we have come together, also from the beginning and adding his the Food and Drug Administration Democrats and Republicans, trying to expertise, especially on food allergies. I long overdue authority to conduct work out differences. We are very also thank Senator BURR, who has been mandatory recalls of contaminated close. I think there is one item of dis- personally involved in this entire proc- food. agreement going into it. That is pretty ess. It is hard to believe today, but if we good for Senate work—only one item of Senators often speak about the im- know something is contaminated and disagreement. portance of addressing kitchen table has been sent out to the grocery I say to my friends: Bring this bill to issues here in the Senate—the prac- shelves across America, our govern- the floor. Let’s vote on that particular tical, everyday concerns of working ment has no legal authority to say: item—Senator TESTER’s concern—up or Americans and their families. Well, Bring it in. The best we can do is ad- down. Let’s do it. But let’s not go an- food safety is a kitchen table issue and vertise the fact that it is dangerous other day without providing the pro- it couldn’t be more urgent or overdue. and hope that the manufacturer, the tection families across America expect It is shocking to think that the last distributor, and the ultimate retailer and deserve when they buy food. Let’s comprehensive overhaul of our food will get the message and move on it do this on behalf of Nancy Donley and safety system was in 1938, more than and do the right thing. It is voluntary. moms and dads all across America who seven decades ago. Think about how It is not mandatory, even if we know ran the risk and, in her case, went our food system has changed in those that something is dangerous. This bill through the bitter experience of losing 70 years. On the whole, Americans gives that authority to the Food and her little 6-year-old boy Alex because enjoy safe and wholesome food. We Drug Administration. That means that of contaminated food. This is some- know that. But the problem is that ‘‘on if a company refuses to recall contami- thing that should be totally non- the whole’’ is not good enough any nated food, the most expedient action partisan. longer. the FDA can take is to issue a press re- I urge my colleagues: Let’s give a As my colleagues can see from our lease right away, and we have to get strong vote today to move forward on first chart, they will see that recent beyond that. We have to give them au- this important bill and help ensure foodborne illnesses have been wide in thority. Many companies do cooperate that the food on America’s tables is scope and have had a devastating im- with the FDA, and I salute them. It is safe. pact on public health. When people get

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We have found salmonella in erencing what Senator DURBIN said ear- Manufacturers Association, U.S. Cham- tomatoes, in peppers, and even in cook- lier, more and more of our food is com- ber of Commerce, National Restaurant ie dough. When families eat cookie ing from other countries. All we are Association, Pew Charitable Trusts, dough and they are getting E. coli, we saying in our bill is you have to adopt Consumers Union, Center for Science have a problem. Recently, of course, we the same kind of food safety processes in the Public Interest, and Trust for had the salmonella outbreak in eggs. and prevention methods that we have America’s Health, to name a few. I So it is widespread. It is not just in in this country to be able to ship your think it is a rarity when I can say both bagged spinach or eggs, it is in peanut food in. I don’t think that is unreason- the Chamber of Commerce and the Cen- butter, cantaloupes, tomatoes. It is able, to say that their processes and ter for Science in the Public Interest widespread. So we know we have a real their safety procedures have to be at are on the same page. That is true least the same as ours or as adequate problem. here. The Centers for Disease Control and as ours. Prevention estimate that foodborne ill- As this chart shows, our bill over- I have several letters, and I ask nesses cause an estimated 76 million hauls our food safety system in four unanimous consent that they be print- illnesses a year; 325 Americans every critical ways. First is prevention. We ed in the RECORD. year are hospitalized because of have had some success in our Agri- There being no objection, the mate- culture Committee in the past on what foodborne illnesses; and 5,000 Ameri- rial was ordered to be printed in the cans die every year due to a foodborne is called a program of finding out RECORD, as follows: illness. These are not my figures. These where are the points where contamina- SEPTEMBER 8, 2010. figures are from the Centers for Dis- tion can come in and then address those points in a preventive manner. Senator RICHARD DURBIN, ease Control and Prevention. Accord- U.S. Senate, ing to a Georgetown University study, Well, we are now kind of extending Washington, DC. the cost to our society is about $152 bil- that beyond meat and poultry to all Senator JUDD GREGG, lion a year in medical expenses, lost food to get the prevention in place. We U.S. Senate, productivity, and disability. So the improve the detection and response to Washington, DC. numbers are staggering, not only the foodborne illness outbreaks with better DEAR SENATORS DURBIN AND GREGG: Trust number of people who get sick, but the detection services and better response for America’s Health (TFAH), a nonprofit, number of people who die and the cost times. We have a mandatory recall in nonpartisan public health advocacy organi- to our society. here that the Department has never zation, would like to express our strong sup- I checked in my own State of Iowa, had, ever. We enhance the U.S. food de- port for immediate Senate passage of the and the cost alone in Iowa—we have fense capabilities, and we increase the FDA Food Safety Modernization Act (S. 510). over 800,000 cases every year. Each FDA resources in order to take care of Although every American depends on the Iowan has to spend about $1,800 in an- this. safety of the food they serve to their fami- nual health-related expenses, and This bill today will dramatically in- lies, the Food and Drug Administration about $1.5 billion in total related costs. crease FDA inspections at all food fa- (FDA) lacks the tools to ensure that safety. My colleagues can look at their States cilities. It will give FDA the following S. 510 would finally help bring the FDA into and see the impact. So these are intol- new authorities: It will require all food the 21st century. erable, but somehow we tolerate them. facilities to have, as I said, preventive Approximately 76 million Americans—one No longer can we do that. Our current plans in place, and the FDA can have in four—are sickened by foodborne disease regulatory system is broken. It does access to those plans. So they have to each year. Of these, an estimated 325,000 are not adequately protect Americans from have preventive plans that the FDA hospitalized and 5,000 die. A recent study by serious widespread foodborne illnesses. gets access to. We have better access to Ohio State University found that foodborne Our meals have grown more complex records in case of a food emergency to illnesses cost the U.S. economy an estimated with more varied ingredients and more try to find out what happened. It re- $152 billion annually. With multiple severe diverse methods of preparation and quires, as Senator DURBIN said, import- food outbreaks in recent years, it is urgent shipping. By the time raw agricultural ers to verify the safety of imported that the Senate take this step to keep Amer- products find a way to our dinner food. It strengthens our surveillance icans safe. plates, multiple intermediate steps and systems. It requires the Secretary of The FDA Food Safety Modernization Act processes have taken place. Food ingre- the Department of Health and Human would place more emphasis on prevention of dients travel thousands of miles or, as Services to establish a pilot project to foodborne illness and give the FDA new au- Senator DURBIN said, from other coun- test and evaluate new methods for rap- thorities to address food safety problems. tries to factories here and then to our idly tracking foods in the event of a Under this legislation, food processors would tables. They are intermingled and foodborne illness outbreak. As I said, it be required to identify potential hazards in mixed along the way. Yet, despite all of gives the FDA the authority to order a their production processes and implement these changes, our food safety laws mandatory recall of food. A lot of peo- preventive programs to eliminate those haz- ards. Additionally, the bill would require have not changed in 70 years. ple don’t know this: If there is an out- What we need to do for starters is im- break of illness because of foodborne FDA to inspect all food facilities more fre- quently and give FDA mandatory recall au- prove processes to prevent the con- diseases, pathogens, FDA does not have thority of contaminated food. S. 510 is a bi- tamination of foods and methods to the authority to recall that food. partisan bill, with widespread support from You might say that the companies do provide safe foods to consumers. To industry, consumer groups, and public health achieve this, more testing and better that. Well, they do. Most of them see it organizations. The bill passed the Senate methods of tracking food can be uti- in their best economic interest to do HELP Committee with a unanimous voice lized and verified that the processes are that. But you might have fly-by-night vote, and food safety legislation passed the working. operators out there that will take the House last year with overwhelming bipar- Here are some interesting figures. money and run. You might have some tisan support. Thirty years ago, we had 70,000 food foreign-based companies—and I don’t We thank you for your strong leadership processors in this country. The FDA mean to pick on them—that are off- on this legislation. If you have any ques- made 35,000 visits a year. So we had shore and they may have some food in tions, please do not hesitate to contact 70,000 food processors and we made this country that has caused foodborne TFAH’s Government Relations Manager. 35,000 visits a year. Today, a full decade illnesses, and they may not want to re- Sincerely, into the 21st century, we have 150,000 call it. We cannot go after them. The JEFFREY LEVI, PH.D., food processors—over twice as many— FDA doesn’t have the authority to re- Executive Director.

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SEPTEMBER 8, 2010. sure that a final bill arrives on the Presi- wide range of health problems. Numerous Hon. DICK DURBIN, dent’s desk for enactment before this Con- studies have shown BPA effects on the brain, U.S. Senate, gress adjourns. prostate, hormonal and reproductive sys- Washington, DC. This country has experienced a seemingly tems, and it has been linked to an increased Hon. JUDD GREGG, endless number of foodborne-illness out- risk of insulin resistance and even cancer. U.S. Senate, breaks and recalls of contaminated products, The health impact is even more pro- Washington, DC. demonstrating the clear need for this legisla- nounced on babies and children. Seven states DEAR SENATOR DURBIN AND SENATOR tion. S. 510 fundamentally shifts the govern- and several cities have already taken action GREGG: Consumer Federation of America ment’s approach in this area to preventing to ban BPA from food and beverage con- strongly supports passage of the FDA Food food-safety problems, rather than just react- tainers used by children and babies, as have Safety Modernization Act (S. 510). CFA is an ing to them. The bill requires food compa- three nations, including Canada. In addition, association of nearly 300 nonprofit consumer nies to develop food-safety plans that iden- packaging and containers already exist on organizations that was established in 1968 to tify possible sources of contamination and the market today without this chemical. We advance the consumer interest through re- implement measures to minimize them. This urge you to support the Feinstein amend- search, advocacy and education. legislation also provides the U.S. Food and ment, and to provide all American children Foodborne illness strikes tens of millions Drug Administration (FDA) with much-need- with BPA-free food and drink. of Americans each year, sends hundreds of ed enforcement tools, such as mandatory re- Again, we thank you for your strong lead- thousands to the hospital, and kills approxi- call authority and better inspection. ership on this vital public health legislation. mately 5,000 of us. The diseases are more Enactment of FDA food-safety legislation We look forward to working with you to send than ‘‘just a bellyache.’’ Many victims suffer could significantly reduce the burden of a final bill to the President’s desk for signa- long-term chronic health problems including foodborne illness in the United States, both ture this fall. reactive arthritis, kidney failure and for families and businesses. A Pew-funded Sincerely, Guillain-Barre´ syndrome. Children under the study estimates the annual health-related JEAN HALLORAN, age of 5 are the most frequent victims of costs of foodborne illness at $152 billion. For Director, Food Policy Initiatives. foodborne illness. People over age 60 are this reason, a wide range of stakeholders— AMI V. GADHIA, most likely to die after contracting a food- consumer advocates, public health organiza- Policy Counsel. related illness. The economic costs are enor- tions, and major industry groups—support mous. A recent study estimated the annual this bill. We thank you for your leadership SEPTEMBER 15, 2010. cost of all foodbome illnesses to be $152 bil- on S. 510 and ask you to continue your ef- SENATOR HARRY REID, lion. forts to secure its passage. Office of the Senate Majority Leader, Capitol The suffering and heartbreak and deaths Sincerely, are pointless. Foodbome diseases are almost Building, Washington, DC. SHELLEY A. HEARNE, SENATOR MITCH MCCONNELL, entirely preventable. They continue to rage Managing Director, Pew Health Group. because our nation’s primary food safety Office of the Senate Minority Leader, Capitol Building, Washington DC. agency, the U.S. Food and Drug Administra- CONSUMERS UNION, DEAR MAJORITY LEADER REID & MINORITY tion, operates under the constraints of a 70- Yonkers, NY, September 10, 2010. LEADER MCCONNELL: Our organizations are year-old law that is largely extraneous to Hon. RICHARD J. DURBIN, current threats to food safety. The Food, writing to urge you to schedule a vote on S. Hart Senate Office Building, 510, the FDA Food Safety Modernization Act Drug, and Cosmetic Act does not give the Washington, DC. FDA a specific statutory mandate, appro- of 2009, at the soonest possible date. The Hon. JUDD GREGG, HELP Committee approved a strong, bipar- priate program tools, adequate enforcement Russell Senate Office Building, authority or sufficient resources to stop tisan bill in November, and we believe that a Washington, DC. vote would keep the momentum going for en- foodborne disease before it strikes us and our DEAR SENATOR DURBIN AND SENATOR actment of landmark food-safety legislation. loved ones. GREGG: Consumers Union, the non-profit Strong food-safety legislation will reduce S. 510 changes the paradigm for fighting publisher of Consumer Reports magazine, the risk of contamination and thereby better foodbome illness, directing the FDA to pre- writes in support of S. 510, the bipartisan protect public health and safety, raise the vent foodbome illness rather than just react- FDA Food Safety Modernization Act. This bar for the food industry, and deter bad ac- ing to reports of illnesses and deaths. It re- legislation will finally bring our outdated tors. S. 510 will provide the U.S. Food and quires food companies to establish proc- food safety laws into the 21st century, and Drug Administration (FDA) with the re- essing controls to avoid food contamination, will help protect consumers from deadly re- sources and authorities the agency needs to gives the FDA authority to set food safety calls like last month’s recall of half a billion help make prevention the focus of our food standards, and requires the Agency to in- eggs for Salmonella contamination. Con- safety strategies. Among other things, this spect food processing plants regularly to as- sumers expect that the food they eat and legislation requires food companies to de- sure controls are working as intended. serve to their families will not make them velop a food safety plan; it improves the On behalf of CFA’s millions of members, sick, or worse. We applaud your leadership safety of imported food and food ingredients; we thank you for your strong leadership in on this vital consumer protection legisla- and it adopts a risk-based approach to in- developing S. 510 and your determination to tion, and hope that S. 510 comes to the floor spection. ensure its passage. We look forward to con- of the Senate for a vote in September. tinuing to work with you to get a final bill S. 510 will protect consumers by: Our organizations—representing the food to the President as soon as possible. Requiring the Food and Drug Administra- industry, consumers, and the public-health Sincerely, tion (FDA) to inspect food processing plants community—urge you to bring S. 510 to the CAROL L. TUCKER-FOREMAN, on a regular basis; floor, and we will continue to work with Distinguished Fellow, Food Policy Institute. Giving FDA the power to order recalls of Congress for the enactment of food safety CHRIS WALDROP, contaminated food; right now, the agency legislation that better protects consumers, Director, Food Policy Institute. can only request that the food be recalled restores their confidence in the safety of the and hope that companies respond in the pub- food they eat, and addresses the challenges THE PEW CHARITABLE TRUSTS, lic interest; posed by our global food supply. Washington, DC, September 14, 2010. Requiring food producers to identify where Sincerely, Hon. RICHARD DURBIN, food can become unsafe, and requiring them American Beverage Association, Amer- U.S. Senate, to take steps to prevent contamination by ican Frozen Food Institute, Center for Washington, DC. Salmonella, E. coli, Listeria, and other Foodborne Illness Research & Edu- Hon. JUDD GREGG, pathogens; cation, Center for Science in the Public U.S. Senate, Improving methods of tracing contami- Interest, Consumer Federation of Washington, DC. nated food back to its source, so that con- America, Consumers Union, Food Mar- DEAR SENATORS DURBIN AND GREGG: The sumers can act in a timely and knowledge- keting Institute, Grocery Manufactur- Pew Charitable Trusts urges the Senate to able fashion to protect their families from ers Association, International Bottled vote at the soonest possible date on S. 510, unsafe food; and Water Association, International Dairy the FDA Food Safety Modernization Act of Requiring imported food to meet the same Foods Association, National Associa- 2009, and encourages you to continue the im- safety standards as food produced in the U.S. tion of Manufacturers, National Coffee portant support and leadership you each S. 510 also takes steps to address the con- Association of U.S.A., Inc., National have provided for this crucial legislation cerns raised by small food producers that Confectioners Association, National over the past year. The HELP Committee they be regulated in a scale-appropriate Consumers League, National Res- unanimously approved a strong, bipartisan manner. taurant Association, The PEW Chari- bill in November, and a manager’s package We also urge you to support Senator Fein- table Trusts, Trust for America’s of amendments was released in mid-August. stein’s proposed amendment to ban Health, Snack Food Association, With the limited time left for legislative ac- Bisphenol-A (BPA), an endocrine disruptor, S.T.O.P. Safe Tables Our Priority, U.S. tion this year, a vote by the full Senate on from baby bottles, sippy cups, baby food, and Chamber of Commerce, U.S. Public In- S. 510 is necessary as soon as possible to en- infant formula. BPA has been linked to a terest Research Group.

VerDate Mar 15 2010 03:04 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.004 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7921 DEPARTMENT OF HEALTH AND monsense piece of public health legislation. ferently. However, this bill provides HUMAN SERVICES, And, we urge the House and Senate to quick- real improvements for our food system Washington, DC, September 10, 2010. ly deliver a modem food safety bill to the by placing a greater emphasis on pre- DEAR MEMBER OF CONGRESS, The events of President’s desk. It’s time to break the pat- vention and targeting government in- the past two weeks have illustrated a pat- tern of foodborne illnesses and economic tern that is all too familiar. Local health of- loss. It’s time to give FDA the modem tools volvement to the areas of greatest ficials around the country begin to see an and resources it needs to meet the challenges need. uptick in illnesses from a particular source. of the 21st century. The American food industry is made As they notify the Centers for Disease Con- KATHLEEN SEBELIUS, up of hundreds of thousands of proc- trol and Prevention, epidemiologists begin Secretary, Department of Health and Human to see a pattern in the illness and outbreak Services. essors, distributers, and retailers of all reports, identify a food as the likely cause, MARGARET A. HAMBURG, M.D., sizes, both foreign and domestic. When and notify the Food and Drug Administra- Commissioner of Food and Drugs. you say ‘‘food industry’’ many think of tion (FDA). FDA, state health and local offi- Mr. HARKIN. Mr. President, I have the Nations largest food processors cials then deploy investigators across the said many times that to say that food that carry the brand names with which country, furiously searching for the source we are familiar. of the illness, knowing that every day more safety in this country is a patchwork is people are getting sick, some seriously. In giving it too much credit. Food safety In truth, ‘‘industry’’ also consists of the meantime, the public must be warned to has too often become a hit-or-miss tens of thousands of small businesses avoid the food of concern, creating anxiety gamble, with parents obliged to kind of across the country. It also includes for consumers and economic losses for farm- roll the dice when it comes to the safe- over 2 million farmers, both large and ers, food processors and retailers. ty of their kids’ food. It is frightening small, in the United States that pro- This time we’re seeing this pattern play out with Salmonella Enteriditis in eggs, and unacceptable. It is past time to vide the food that we consume at our with illnesses in 22 states and more than half modernize our food safety laws and reg- tables. This bill recognizes the diver- a billion eggs being recalled. But in recent ulations—70 years past time. We need sity of all these individuals and organi- years it has been spinach, salsa, peanut but- to give FDA the resources and author- zations and protects their ability to ter, bean sprouts, cookie dough, green on- ity it needs to cope with a growing continue to grow safe food for our fam- ions—the list goes on and on, covering many problem that threatens today a more ilies. of our most common foods. Many people are abundant and diverse food supply. We The bill also recognizes the vital role left wondering: heading into the second dec- need to act now. ade of the 21st century, why can’t we prevent played by State and local officials. Our and react more effectively to the threat from I urge my colleagues to join the bi- State officials are on the front lines foodborne illness? partisan sponsors to pass this impor- when it comes to responding to food Sadly, the answer is simple. As President tant legislation and vote for cloture safety concerns and this bill makes Obama said during last year’s peanut butter this afternoon on the motion to pro- sure that they will have the resources outbreak, caused by a different form of Sal- ceed. Hopefully, we can get on the bill monella, we have a food safety regulatory they need to do their jobs. Specifically, and pass it as soon as possible, so that the bill provides training and edu- system designed early in the 20th century, the families of America will have more one that must be overhauled, modernized cation of State, local, and tribal au- assurance that the food they eat, no and strengthened for today. thorities to facilitate the implementa- Under the current system, FDA is often matter what the source, or from where tion of new standards under the law. forced to chase food contaminations after it comes, has more safety procedures they have occurred, rather than protecting attached to it, and so that we have a My colleagues, including Senators the public from them in the first place. Dif- new process for prevention in place for HARKIN, GREGG, DURBIN, BURR and ficulties in tracking the movement of food all facilities in this country and in for- DODD, have recognized all these chal- from its origin to its eventual sale to the eign countries, and so we can raise the lenges in this process and have worked public (often far across the country) can bar and say to our families that you together to prepare a bill that makes frustrate efforts to identify contaminated can have more assurance in the future improvements to all aspects of our food food. The biggest surprise to most people: system. FDA cannot order a recall of contaminated that the food you buy, whether it is the food once it is found in the marketplace. Al- fresh fruits you buy in the middle of I am particularly pleased with the ef- though government has a crucial role in en- winter, shipped from Chile, Argentina, forts the group has made in the man- suring the safety of our food supply, strong or Mexico, or Guatemala, or the fresh agers’ package that focus on providing regulation has been missing. An overhaul of fruits you get in the summertime from flexibility for small and very small our antiquated food safety system is long California, Washington State, and Can- food processors. This bill provides overdue. Proposed food safety legislation would give ada, or the produce, the lettuce, the small processors additional time to FDA better ways to more quickly trace back bagged spinach, or whatever it might comply with new food safety practices contaminated products to the source, the be, will be more safe for you and your and guidelines. The bill also requires ability to check firms’ safety records before family. That is what this is all about— the FDA to publish user-friendly small problems occur, clear authority to require protecting our families and making entity compliance guides to assist firms to identify and resolve food safety haz- sure our food safety laws are adequate firms with the implementation of new ards, and resources to find additional inspec- for the 21st century and not the 18th practices. This way, small businesses tions and other oversight activities. Pending century. legislation would also give the agency man- in the food system, know exactly how datory recall authority, and other strong en- I yield the floor. to plan to adopt any new practices that forcement tools, like new civil penalties and f could apply to them. increased criminal penalties for companies THE FDA FOOD SAFETY This bill also protects farms. Farm- that fail to comply with safety require- ers remain exempt from registration ments. In a world where more and more food MODERNIZATION ACT is imported, the legislation also would Mr. ENZI. Mr. President, the United under the Bioterrorism Act and any strengthen FDA’s ability to ensure the safe- States has one of the best food safety new produce safety standards must ty of imported food. systems in the world. However, even consider the unique practices that The good news is that a bipartisan major- the best of systems have room for im- farmers use to grow or market their ity in the House of Representatives passed food. This includes consideration for major food safety legislation last year that provement. That is why my colleagues and I worked together over the past farmers that use specific conservation would move the United States from a reac- practices or grow organic foods under tive food safety system to one focused on year to produce a bill that has broad preventing illness. Likewise in the Senate, a bipartisan support. Food safety is not a the Organic Foods Production Act. bipartisan coalition has developed a strong partisan issue. We all want the safest Small entities that produce food for food safety bill that is ready for the Senate food supply possible and the Food Safe- their own consumption or market di- floor. This legislation has the support of a ty Modernization Act makes signifi- rectly to consumers are also not sub- remarkably broad coalition of public health, cant improvements in that direction. ject to registration under this bill. consumer and food industry groups. We com- mend both chambers for their hard work. This is not a perfect bill. If it were This ensures that individuals can con- Now it’s time to finish the job. We encour- solely up to me, there are several pro- tinue to provide food to their commu- age Senators to support a critical and com- visions that I would have done dif- nities through farmers markets, bake

VerDate Mar 15 2010 03:04 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.008 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7922 CONGRESSIONAL RECORD — SENATE November 17, 2010 sales, public events and organizational names; data coordination for the pur- Briefly, DSHEA clarified the regu- fundraisers. Some have confused this poses of detection and prosecution of latory structure of supplements to en- bill with provisions in other food re- violations regarding importation, ex- sure that individuals would continue to lated bills and it is not true that S. 510 portation, transportation, sale, har- have access to safe supplements and in- regulates backyard gardens or potluck vest, or trade of seafood; seafood label- formation about their use. Under dinners. All across Wyoming, people ing compliance assurance; and infor- DSHEA, Congress set out a legal defini- grow their own food and contribute mation-sharing for observed non- tion of what could be marketed as a di- dishes to organizational fundraisers compliance. The bill also increases the etary supplement. and this bill continues the practice of number of laboratories certified to in- We created a safety standard that making sure those individuals aren’t spection standards of the FDA and al- products have to meet. We allowed the subject to federal regulation. lows the Secretary of Commerce to in- FDA to develop good manufacturing However, if the amendment tree is crease the number and capacity of process standards for supplements. We filled so amendments cannot be sub- NOAA laboratories responsible for sea- clarified which claims could be made mitted, I will likely oppose any further food safety testing. It allows for an in- about these products and we said those cloture. crease in the percentage of seafood im- statements must be truthful and not I want to again recognize and thank port shipments tested and inspected to misleading. my colleagues who have worked on this improve detection of violations. Fi- Furthermore, the Dietary Supple- bill. I look forward to considering this nally, the bill allows the Secretary of ment and Nonprescription Drug Con- bill on the floor and appreciate those HHS to refuse entry of seafood imports sumer Protection Act of 2006 created a Members that have helped make this from countries with known violations, mandatory adverse event reporting, bill a bipartisan effort. and also allows the Secretary to permit AER, system for dietary supplements Mr. INOUYE. Mr. President, I am individual seafood shipments from rec- and over-the-counter drugs. My friend pleased that through the leadership of ognized and properly certified export- and chairman of the Senate HELP the Health, Education, Labor, and Pen- ers. Committee, TOM HARKIN, and I worked sions—HELP—Committee, S. 510—the Again, I am grateful for the leader- on this law very closely with Senator Food and Drug Administration—FDA— ship shown by the HELP Committee MIKE ENZI, who was chairman of the Food Safety Modernization Act—Food and Chairman HARKIN on S. 510, yet I HELP Committee at the time, the late Safety Act—will be taken up on the remain committed to the Seafood Safe- Senator Ted Kennedy, who was the floor of the Senate. I believe that con- ty Act and look forward to continuing ranking member of the HELP Com- sideration of the Food Safety Act rep- to work to ensure its passage. mittee at the time, and Senator DICK resents positive steps toward better Mr. HATCH. Mr. President, I rise DURBIN on this important legislation. protections for the safety of the Amer- today to express my mixed emotions on Our legislation created a system to ican people. S. 510, the FDA Food Safety Mod- provide the government with informa- I am also pleased that a few of the ernization Act. tion about serious adverse events asso- provisions from my Commercial Sea- With past recalls on spinach, peppers, ciated with dietary supplements and food Consumer Protection Act—Sea- cookie dough, peanuts and peanut over-the-counter drugs. It provides food Safety Act—that I introduced on products, there appears to be an in- Federal authorities with a better and September 29, 2010, have been incor- crease in the frequency of foodborne more effective tool to become aware porated into S. 510. I am, however, dis- outbreaks. The Centers for Disease and to respond to any problems that appointed that more of the Seafood Control and Prevention, CDC, esti- might occur. Safety Act could not be included, and mates that foodborne disease cause ap- I am grateful and appreciative to the will continue to work on passage of the proximately 76 million illnesses in the sponsors of the bill for including provi- full bill. U.S. each year, including an estimated sions to preserve the DSHEA and AER The Seafood Safety Act will 325,000 hospitalizations and 5,000 laws’ consumer protections as part of strengthen the partnership between the deaths. These statistics are strong evi- S. 510. Secretary of Commerce, the Secretary dence that our current food safety laws In addition, I have heard from many of Health and Human Services, HHS, and regulations are antiquated and of my constituents that they are con- the Secretary of the Department of should be updated. cerned with the international harmoni- Homeland Security, DHS, the Federal We live in a global food economy, but zation provisions in this bill and its Trade Commission, FTC, and other ap- our Nation’s current food safety laws impact on the availability and afford- propriate Federal agencies, to coordi- and regulations are geared predomi- ability of dietary supplements—in par- nate Federal activities for ensuring nately to a local and domestic market. ticular, the Codex Commission which is that commercially distributed seafood As a result, there are new safety chal- an international organization that pro- in the United States meets the food lenges that have risen from this global vides guidelines for food safety. Rest quality and safety requirements of market that must be addressed. assured that the Commission’s guide- Federal law. The bill provides for no As the former chairman and ranking lines on vitamin and mineral food sup- new jurisdiction and does not alter any member of the Senate HELP Com- plements will not affect the regulation existing jurisdiction given to FDA or mittee—it was then known as the Sen- of dietary supplements in the United any other agency. The bill does not in- ate Labor Committee—I have a little States unless Congress decides to adopt clude any authorization of appropria- history on this issue. As chairman of the provisions. tions, but seeks only to strengthen ex- the committee, I introduced the Food Another issue I want to mention is isting partnerships and share informa- Safety Amendments with the intent of the importance of promoting small tion. ensuring a safer food supply, similar to businesses. Without a doubt, small The bill remains largely unchanged the goal of the legislation before the businesses are the engine for economic since I introduced it in the 110th Con- Senate today. growth in America and represent a gress, but this version incorporates the I would like to point out that S. 510 powerful vehicle for opportunity. FTC as an additional partner since is one of the few bipartisan pieces of Small businesses contribute greatly to they have broad existing authority for legislation currently in the Senate. We Utah’s economy, and I am committed consumer and inter-state commerce had Republicans and Democrats work- to doing all I can to promote job cre- fraud issues. ing across the aisle to come up with ation, grow our economy, and ensure Specifically, the bill requires the solid policies to address some of the America’s businesses are competitive Secretaries of Commerce, HHS, DHS, major gaps in our current food safety in the global marketplace. and the FTC to enter into agreements system. And as we deliberated these So I am pleased that S. 510 considers as necessary to strengthen cooperation policies, it was important to me to pro- the needs of small businesses. It ac- on seafood safety, seafood labeling, and tect existing laws that already have complishes this by requiring the FDA seafood fraud. Those agreements must solid consumer protections. One of to publish user-friendly guidance to as- address seafood testing and inspection; those laws is the Dietary Supplement sist firms with the implementation and data standardization for seafood Health and Education Act of 1994. compliance of new practices. It also

VerDate Mar 15 2010 00:18 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.004 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7923 gives small food facilities additional BALANCED BUDGET AMENDMENT their means. So should the U.S. Gov- time to comply with the new food safe- Mr. CORNYN. Mr. President, I want ernment. ty practices and guidelines. In addi- to briefly draw attention to a resolu- We also know that a balanced budget tion, the legislation also requires the tion that the conference of Republican amendment is popular with the public. FDA to coordinate its outreach activi- Senators and Senators-elect adopted A recent referendum held by Florida ties with the National Institute of yesterday, one that I think fits the voters showed that 71 percent approved Food and Agriculture of the U.S. De- times we are living in, one which has a nonbinding resolution supporting a partment of Agriculture, USDA, in seen historic levels of Federal spending balanced budget amendment. We have order to educate and train growers and and debt and deficits, as well as had votes in the Senate on this not small food facilities about the new re- unsustainable debt that will be inher- that long ago. I believe it was in 1997, quirements from this bill. ited by our children and grandchildren, so I will let you judge whether it was long ago. Sixty-six Senators at the Finally, I wanted to address concerns unless we take responsibility for it. time voted in favor of a balanced budg- raised by the Utah farming commu- This resolution, I think, would dem- et amendment or 1 shy of the two- nity, particularly small farmers. First, onstrate the seriousness that we would thirds necessary, including 11 col- this bill preserves the current jurisdic- have as a Congress to get our Nation’s leagues on the other side of the aisle, tional separation between the USDA fiscal house in order. This resolution reads: demonstrating the bipartisan support and the FDA. In other words, this bill for a balanced budget amendment. does not change those who are cur- It is Resolved by the United States Senate Republican conference: It is important to note that at that rently subject to USDA regulation That a Balanced Budget Amendment to the time, when 66 Senators voted on a bi- versus those who are subject to FDA United States Constitution is necessary to partisan basis for a balanced budget regulation under the existing laws. restore fiscal discipline to our Republic; amendment, the deficit was only 1.4 Second, this bill does not change the That a Balanced Budget Amendment percent of GDP. Today, it is 8.9 per- existing definition of a facility cur- should require the President to submit to Congress a proposed budget prior to each fis- cent. I think if a balanced budget rently required to register with the amendment was a good idea—at least FDA. This means that farms that are cal year in which total federal spending does not exceed total federal revenue; in the minds of 66 Senators—in 1997, it currently exempt from registering with That a Balanced Budget Amendment is even a better idea today. So I hope the FDA under the Bioterrorism Act of should include a requirement that a super- colleagues on both sides of the aisle 2002 continue to remain exempt. Fi- majority of both houses of Congress be nec- will join with me to offer ideas on nally, small entities that produce food essary to increase taxes; drafting this joint resolution. That a Balanced Budget Amendment for their own consumption or market Of course, as you know, under Article directly to consumers or restaurants should include a limitation on total federal spending. V of the Constitution of the United are not subject to registration or the States, a constitutional amendment new recordkeeping requirements under I thank the 20 Republican Senators and Senators-elect who cosponsored can emanate from Congress itself with this bill. This includes food sold this resolution and the members of the a two-thirds vote or it can be the result through farmers’ markets, personal or conference who voted to adopt it. Let of a constitutional convention. Under backyard gardens, bake sales, public me share with you a few factoids that either circumstance, three-quarters of events and organizational fundraisers. I think will demonstrate the compel- the States would be necessary to ratify Unfortunately with all those great ling nature of this joint resolution and it. I think if Republicans and Demo- provisions that I just mentioned, there constitutional amendment. crats can listen to the voice of the is still one major concern that I cannot In fiscal year 2010, our deficit was $1.3 American people and get behind a joint overlook, the cost of the bill. The Con- trillion or 8.9 percent of the gross do- resolution, it will restore some of the gressional Budget Office, CBO, has esti- mestic product. That is actually down public’s lost confidence in our ability mated that the legislation will cost $1.4 from 9.9 percent in fiscal year 2009, but and our willingness both to heed their billion over 5 years. We need to rein in certainly nothing to celebrate. The voice and also live up to our responsi- the out-of-control government spend- Congressional Budget Office baseline bility. ing, especially in today’s fiscal envi- estimates that Federal deficits will av- I think a balanced budget amend- ronment. We simply cannot continue erage $605 billion each year through ment would be a big step forward in the to drive up the national debt. We can- 2020, and the budget that the President cause of fiscal discipline but, of course, not sustain trillion-dollar deficits. submitted to us this year, itself, if im- not the only step. As the cochairs of More government spending will push plemented, would call for an average of the President’s debt commission have the Nation over a precipice from which $1 trillion of deficit each year for the already indicated, we need other meas- we may not be able to recover. next 10 years. ures. One that caught my eye they called a ‘‘cut and invest committee,’’ Even though this spending is discre- We know that the Budget Act passed by Congress, signed by the President, charged with trimming waste and tar- tionary, it troubles me that if future geting investment. They noticed a good appropriations are not sufficient to requires the President of the United States to submit his budget by the first example at the State level, in my State cover the cost of the bill, Congress of Texas, where we have a sunset com- would be unintentionally giving the Monday in February. I can tell you that I am anxiously awaiting to see in mission that requires, every 10 years, FDA an unfunded mandate. If this hap- that budget proposal submitted by the every State agency to go through a pens, the FDA would either simply not President by the first Monday in Feb- process to determine whether the pro- be able to live up to its new respon- ruary his commitment to fiscal dis- grams and the agency itself continue sibilities or would be forced to shift cipline—now particularly since the to have good reason to exist at the funds from other important and al- American people have spoken so loudly spending levels authorized. ready strapped agency programs like and clearly about their concerns over We need something such as that, the regulation of prescription drugs, reckless spending and endless debt. which will provide a tremendous abil- medical devices, and/or biologics. The We know a balanced budget amend- ity for us to have additional tools to latter could cause significant harm to ment actually works, because virtually contain costs and avoid wasteful spend- the American public. So it is with deep every State in the Nation has one, in- ing. To that end, I have put forth a regret that I cannot support S. 510 cluding my State of Texas. Only the model of the bill of the Texas sunset without it being paid for. However, I Federal Government has no require- commission, called the United States am committed to working with my ment of a balanced budget and can Authorization and Sunset Commission Senate colleagues to find ways to offset spend huge deficits and borrow money Act. I urge my colleagues to take a the cost of the bill. it does not have. No family in America, look at that, and I can assure you that, The ACTING PRESIDENT pro tem- or small business, when income goes come January, when we have a new pore. The Senator from Texas is recog- down, can continue to spend at the Congress, I will offer that legislation. nized. same level. They have to live within I yield the floor.

VerDate Mar 15 2010 00:18 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.035 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7924 CONGRESSIONAL RECORD — SENATE November 17, 2010 The ACTING PRESIDENT pro tem- performance that is necessary for the Americans must be assured of equity pore. The Senator from Maryland is business. Ledbetter did not address in the workplace. Unfortunately, the recognized. that loophole. By the way, I know that fundamental principle of equal pay for f the specter of small business is always equal work has yet to be realized in raised, but I say to my colleagues that this country. In my view, it is high PAYCHECK FAIRNESS small businesses with revenue of less time that Congress step in to remedy Ms. MIKULSKI. Mr. President, I rise than $500,000 are exempt from the this injustice. to speak on paycheck fairness, a bill on Equal Pay Act. That means that pay- Despite passage of the Equal Pay Act which we will be voting on cloture. The check fairness maintains that exemp- over 40 years ago, which was intended paycheck fairness bill picks up where tion. That is how it takes Ledbetter to ensure that women are paid the the famous Lilly Ledbetter bill left off. one step farther. It gives women the same as their male counterparts, a I was so proud to lead the fight on the tools to begin to know what they are large wage gap still persists. Women Senate floor 2 years ago, under a new being paid—or people of ethnic minori- are paid, on average, just 77 cents for Congress and a new President, to en- ties, et cetera. every dollar earned by a man. To put it sure that we righted the wrong of a Su- Why is this important? First, it is another way, the pay gap means that preme Court decision, where Lilly fundamental fairness. You ought to be the average woman is paid more than Ledbetter, on behalf of American paid equal pay for equal or comparable $10,000 less per year than she deserves. women everywhere, would be assured work. It is fundamentally fair. If the The gap is even larger in the African that she could get equal pay for equal same people are doing the job with the American and Hispanic communities, or comparable work. The Congress re- same skills and background, they with black women earning 70 cents and sponded well and that legislation is ought to get the same pay. It affects a Hispanic women earning merely 67 now the law of the land. family’s paycheck; it affects their pen- cents for every dollar a man earns. In The paycheck fairness bill picks up sion; it affects their whole way of life. my view, it is an outrage that in the where Ledbetter left off, because Right now, equal pay is actually crit- year 2010 we are still not treating Ledbetter left the courthouse door ical to economic recovery. It is one of women as equals in the workplace. open to sue for discrimination. Pay- the ways that we can make sure the Even a college education doesn’t suf- check fairness makes it more difficult family checkbook is increased based on fice to correct this inequality. In my to discriminate in the first place; it in- merit. home State of Connecticut, the median creases penalties for discrimination; Some people say: Oh, well, why do wage for a woman with a bachelor’s de- prohibits employer retaliation for shar- you need another bill, Senator Barb? gree is $55,000—which puts her on par ing pay information; it closes the loop- Women already have enough tools to with a man who only has a high school hole that allows for a broad defense in fight discrimination. Well, we haven’t diploma. This wage gap means that, cu- equal pay cases. fixed everything. And here, I think this mulatively, a working woman will be Let me go through this one by one. It bill is simple and achievable with the shortchanged by $400,000 to $2 million improves remedies where discrimina- small business exemption that will do over her lifetime in lost wages, pen- tion has occurred. Current law now that. sions, and Social Security benefits. Now, some will argue that the wage says that women can only sue for back When the Equal Pay Act was passed gap is a product of the choices women pay and fixed damages. The paycheck in 1963, women earned merely 59 cents make, such as what they study in col- fairness bill would allow women to get on every dollar earned by men. We lege, what field they pursue careers in, additional compensatory damage, have made progress. In 47 years, we and whether to take time off to raise which makes up for the injury or harm have now come up to 77 cents for every their children. But study after study suffered based on discrimination. dollar that men make. It only took us has corrected for every possible vari- Ledbetter had no provisions regarding 43 years to get an 18-cent increase. Well, I think times are changing. able, and still has found that only part that. Also, so crucial is that it pro- of the wage gap can be explained by hibits employer retaliation—and, wow, Women are now more in the workplace, and women are now often the sole or measurable factors. The rest of the gap does this go on in the workplace. is a result of discrimination in the Under current law, employers can sue primary source of income. Creating a workplace. One study compared men or actually punish employees for shar- wage gap is not the way to improve the health of a family or the health of our and women who had pursued the same ing salary statements and information majors, attended equally good schools, with coworkers. This is usually the community. I could go through a lot of statistics and were entering the same industry, way employees find out that they are about what that means, but I simply and found that women are already paid being discriminated against. In the fa- want to say to my colleagues that with less than these identically qualified mous Supreme Court hearing, some of many Americans already earning less, men just one year out of college. our Supreme Court Justices, who we need to make sure that the family This is not just a matter of fairness bragged that they don’t know what a budget is based on people being able to but of economic necessity. Every dollar BlackBerry is, gave women the rasp- get paid for what they do and to make that women are shortchanged means a berries when they said women should work worth it and make wage com- dollar less spent in her community, to know they are being discriminated pensation fair. take care of her family. The problem is against, but you cannot even talk at I think the facts speak for them- particularly acute during the current the water cooler, or down in the office selves as to why this bill is necessary. economic recession, in which women gym, and say: I get paid this; what are I think the bill itself is a very specific, are increasingly the primary or sole you getting paid for the same job? achievable, narrowly drawn bill, and I breadwinners for their families. Since What paycheck fairness will now do urge my colleagues to vote for cloture. the recession began, approximately 70 is prohibit employers from taking ac- Mr. DODD. Mr. President, I rise percent of jobs lost were jobs that had tion against employees who simply today to speak on the Paycheck Fair- been held by men. In the typical mar- share information about what they are ness Act, a critically important bill to ried-couple family, this translates into getting paid. This was not included in guarantee women equal pay for equal forcing the family to survive on just 42 the Ledbetter Act. It clarifies that any work. I am proud to lead the effort in percent of its former income. This factor other than a sex offense—right the Senate to pass this legislation, means families have less money to now, an employer can assert a defense which my dear friend and colleague spend on everything—groceries, going that the pay differential is based on a ROSA DELAURO has already shepherded out to eat, new school clothes, home factor other than sex. Courts can inter- through the House of Representatives. and car repairs—all of which means pret this broadly, and a number of fac- I am pleased that the Senate is fi- less money going into our local econo- tors are limited. What the paycheck nally considering this commonsense mies. Paying women fairly is not just fairness bill does is tighten that loop- legislation and am grateful to the ma- the right thing to do, it is also an im- hole by requiring that the differential jority leader for his strong support and mediate economic boost. is truly caused by something other his recognition of how important this The Paycheck Fairness Act would fi- than sex or gender or is related to job bill is to American families. nally give women tools strong enough

VerDate Mar 15 2010 01:00 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.022 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7925 to end wage discrimination. It provides Fairness Act updates and strengthens with more tools to get fair pay in the a long-overdue update to the Equal Pay the core principles in the Equal Pay workplace.’’ There is an overwhelming Act, which has not been amended since Act. It will close loopholes in the origi- level of support for fair pay across the it was signed into law by President nal legislation; level the playing field political spectrum. Kennedy in 1963. I would add to my col- for employers, so the employers paying The goal of the Paycheck Fairness leagues who may be undecided on fair wages are not disadvantaged; and Act is simple: close the loopholes that whether to support the upcoming clo- will shine a light on pay discrimination exist in current law to ensure that men ture vote—it has been forty-seven occurring throughout our country. and women are paid fairly and accu- years since the Equal Pay Act was en- According to the Census Bureau, al- rately in the workplace. No longer will acted. If we fail to pass this critically though women between the ages of 25 an employer be able to pay women and important legislation now, there may and 29 possess a higher percentage of men different wages if they are doing not be another opportunity to do so for bachelor degrees than men in the same the same or equivalent jobs. No longer a decade or more. age group, women consistently earn will an employer be allowed to retali- The Paycheck Fairness Act improves less than men at every level of edu- ate against employees for discussing on the Equal Pay Act by toughening cation attainment. In 2009, women their wages with other employees. No penalties for pay discrimination. It working full time, year around were longer will we allow pay discrimina- puts gender-based discrimination on paid 77 cents for every dollar paid to tion to be tolerated. equal footing with discrimination men on average. This gap is worse for As an original cosponsor of this bill, based on race or ethnicity by allowing minorities. African-American women I urge my colleagues to support this women to sue for compensatory and were paid 62 cents and Latino women bill and join our colleagues in the punitive damages. It closes a signifi- are paid only 53 cents for every dollar House by passing the Paycheck Fair- cant loophole in the Equal Pay Act a man makes. ness Act. that for too long has allowed to justify In fact, women earn less on the dollar Mr. DURBIN. Mr. President, it is unequal pay without a legitimate busi- than men as their level of education in- nearing 2 years since we passed the Lilly Ledbetter Fair Pay Act pro- ness need. It prohibits employers from creases. A study completed by the tecting the principle of equal pay for punishing whistleblowers. Further- American Association of University equal work by allowing workers to pur- more, it will require better data collec- Women found that female graduates sue pay discrimination cases beyond tion by the Department of Labor and working full time earn only 80 as much the arbitrary window established by Equal Opportunity Commission and set as their male graduates. The study the Supreme Court. Unfortunately, up training programs to help women then looked ten years after graduation while the Lilly Ledbetter Act was an learn more effective salary negotiation to find women fall further behind, important step in eliminating pay dis- skills. earning only 69 as much as men. Over- crimination, a sizable pay gap remains To continue our economic recovery, I all women are paid less than their male counterparts during their entire ca- between working men and women. believe that we must not only work to The numbers are astounding. Nearly create jobs. We must also ensure that reer. Opponents of this legislation argue 50 years after the passage of the Equal those jobs are good jobs. Making sure Pay Act, a recent GAO report shows that there is no real gender pay gap that all workers are confident that that managers who are women make 81 and if there is one it’s due to women’s they are being treated and com- cents to every dollar of their male choices. Specifically, opponents assert pensated fairly is critical to that goal. counterparts. According to the U.S. that women earn less because they are This bill will ensure that workers are Census Bureau report, the gap grows more likely to choose part-time work paid what they deserve and will provide even larger—77 cents to every dollar— to accommodate a growing family. them with security and fairness in the when looking at the entire working This is incorrect. Many studies dem- workplace. I urge my colleagues to sup- population. port this effort. onstrate that the wage gap is real. Ac- In Illinois, for a median income Mr. CARDIN. Mr. President, I rise cording to a recent GAO study, so- household, that is a difference of $11,000 today in support of the Paycheck Fair- called life choices do not explain the each year. This is a significant dif- ness Act. persistent wage gap. Additionally, GAO ference in compensation. Imagine, for a Progress for women in this country found that even when all relevant ca- family where the woman is the primary has not come easily or come quickly. reer and family attributes are taken or only wage-earner how much dif- There was a time when women were into account, there is still a significant ference $11,000 a year could make. not allowed to vote or own property. In unexplained gap in men’s and women’s The Paycheck Fairness Act would fact, our country once considered earnings. help narrow this pay gap by amending women to be the property of their fa- Additionally, opponents of the legis- the Equal Pay Act to reduce discrimi- thers or husbands. lation assert that the Paycheck Fair- nation in the workplace. It would bar Over the years, women have fought ness Act will create increased litiga- retaliation against workers for dis- gender barriers and broken down tion. This, too, is just wrong. The closing wages, so that workers can stereotypes, making great strides to- Equal Pay Act is not a strict liability identify pay discrimination when it ward equity. Unfortunately, inequities statute and it sets a very high burden happens. still exist. While women have success- for an employee to bring a claim. That The bill would clarify what con- fully broken through glass ceilings on burden will not change with the pas- stitutes valid justification for pay dif- careers across the employment spec- sage of the Paycheck Fairness Act. The ferentials so that employers know trum, pay discrimination still remains. legislation will now require that the what factors are lawful considerations. Today, women make up half of the ‘‘factor other than sex’’ defense avail- The law would clarify that gender dif- total workforce and nearly 4 in 10 able to employers is a bona fide, job re- ference alone is not adequate pay dif- mothers are the primary breadwinners lated factor that must be articulated. ferential must be based on legitimate, of their household. Nearly two-thirds This language mirrors other civil job-related requirements. It would cre- of mothers bring home at least a quar- rights legislation prohibiting discrimi- ate incentives for good behavior by ter of the household earnings. In these nation. providing technical assistance and em- hard economic times, when women’s Finally, opponents assert that this ployer recognition awards. wages put food on the table, keep the legislation will hurt businesses and re- Finally, the legislation would amend lights on and put gas in the car, pay in- duce job growth during these hard eco- the Equal Pay Act to ensure that equities should not be tolerated. nomic times. This is yet another incor- women facing discrimination have ac- In 1963, Congress passed the Equal rect assertion. In fact, this legislation cess to the same wage discrimination Pay Act in an effort to end pay dis- will help ensure that women are paid remedies as are available for racial or crimination. Despite the good faith ef- fairly for equivalent work. In a nation- ethnic wage discrimination. fort of this legislation, legal loopholes wide survey of registered voters, 84 per- These commonsense solutions can exist that have weakened the intent cent of voters said they supported ‘‘a help narrow the wage gap. Women can- and goal of the law. The Paycheck new law that would provide women not afford, quite literally, to wait for

VerDate Mar 15 2010 01:00 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.033 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7926 CONGRESSIONAL RECORD — SENATE November 17, 2010 this legislation any longer. We cannot There are a number of other con- bill would be useful, the measure as a whole ignore that the gender wage gap is un- cerning provisions of this legislation, is too broad a solution to a complex, nuanced acceptably large and shrinking much such as authorizing government to re- problem. The bill is meant to address a troublesome too slowly. We owe working women of quire reporting of every employer’s wage gap between women and men, which America and their families—more. I wage data by sex, race, and national has decreased over time, but still persists; look forward to casting my vote to pro- origin. Had this bill gone through com- today, most women earn roughly 77 cents for ceed to the Paycheck Fairness Act and mittee markup under regular Senate every dollar earned by men in equivalent urge my colleague to join me. order, we may have been able to ad- jobs. The reasons for this discrepancy are Mr. President, I yield the floor. dress some of these concerns. But this under dispute, and the Paycheck Fairness Act would take some steps to protect against f bill—like so many other labor bills in blatant discrimination. Most notably, it FOOD SAFETY the HELP Committee jurisdiction of would bar businesses from retaliating this Congress—has circumvented reg- against employees who share information The ACTING PRESIDENT pro tem- ular order. about their salaries with their coworkers. pore. The Senator from Georgia is rec- Mr. President, I ask unanimous con- The bill would also provide funds to train ognized. sent to have printed in the RECORD a businesses to improve their pay practices Mr. CHAMBLISS. Mr. President, list of letters from a total of 44 groups and train women to negotiate their salaries first, I thank Senator ENZI for allowing more effectively. opposing this legislation and 4 news- me a couple of seconds here as we move But the controversial meat of the bill is paper op eds. toward a cloture vote on S. 510. I am an the changes it would make to the legal proc- There being no objection, the mate- ess, amending the Equal Pay Act of 1963. original cosponsor of S. 510, the food rial was ordered to be printed in the Where women today can only sue for back safety bill. I certainly had hoped that RECORD, as follows: pay, the new bill would allow them to seek we would be able to come together in a both compensatory damages and unlimited bipartisan way in support of that bill. GROUPS OPPOSING PFA, 11/17/2010 punitive damages. The bill would also make Unfortunately, the bill, with the sub- 1. Alliance for Worker Freedom; 2. Amer- it easier for workers to join class-action stitute that has now been filed, is not ican Bakers Association (coalition letter); 3. suits. Most problematically, it would alter the same bill I originally cosponsored. American Bankers Association (coalition the burden on businesses, requiring them to letter); 4. American Hotel & Lodging Asso- I will speak more about this after the prove that any difference in pay is the result ciation (coalition letter); 5. Associated of a business necessity, and to demonstrate vote, but it is my intent to vote Builders and Contractors; 6. Associated Gen- why they didn’t adopt a plaintiff’s suggested against cloture on this bill. eral Contractors (coalition letter); 7. Associ- ‘‘alternative remedy’’ that wouldn’t result in With that, I yield the floor. ated Industries of Massachusetts; 8. Coali- a pay gap. The ACTING PRESIDENT pro tem- tion of Franchisee Associations; 9. College But what if a company offers a higher sal- pore. The Senator from Wyoming is and University Professional Association for ary for retail workers in a more dangerous recognized. Human Resources (coalition letter); 10. Con- location, and more men sign up? What if a male worker leverages a job offer into a f cerned Women for America; 11. Food Mar- keting Institute; 12. HR Policy Association higher salary? Should these be illegal acts? PAYCHECK FAIRNESS ACT (coalition letter); 13. Independent Electrical The bill would create too strong a presump- Mr. ENZI. Mr. President, I want to Contractors; 14. Indiana Restaurant Associa- tion in favor of discrimination over other, equally plausible explanations for disparities talk about the paycheck unfairness bill tion; 15. International Franchise Associa- tion; 16. International Foodservice Distribu- in salaries. In addition, the threat of much that is before us. A better title for this tors Association (coalition letter); 17. Inter- higher damage awards by juries might lead bill should be the ‘‘jobs for trial law- national Public Management Association for businesses to make quick settlements for yers act.’’ Human Resources (coalition letter); 18. Lou- frivolous claims. (Today, about 60 percent of I am confident that there is no Mem- isiana Restaurant Association; 19. Maine discrimination claims tracked by the Equal ber of this Senate who would tolerate Restaurant Association; 20. Montana Res- Employment Opportunity Commission are paying a woman less for the same work taurant Association. found to have no merit.) simply because she is a woman. As hus- 21. National Association of Manufacturers; Proponents of the bill note that today’s 22. National Association of Wholesaler-Dis- penalties for wage discrimination are so ane- bands, fathers, and mothers of working mic that there’s no incentive for businesses women, I believe we all recognize the tributors (coalition letter); 23. National Council of Chain Restaurants (coalition let- that discriminate to change their ways. A gross inequity of discrimination in pay ter); 24. National Council of Textile Organi- narrower bill that would stiffen some pen- based on gender. Congress has put two zations (coalition letter); 25. National Fed- alties and ban retaliation would be helpful. laws on the books to combat such dis- eration of Independent Business (coalition But companies are right to be concerned crimination—Title VII of the Civil letter); 26. National Public Employer Labor that this bill, as written, is too deep an in- Rights Act of 1964 and the Equal Pay Relations Association (coalition letter); 27. trusion. National Restaurant Association; 28. Na- Act of 1963. These are both good laws [From the Chicago Tribune, Nov. 12, 2010] that have been well utilized to combat tional Retail Federation; 29. National Roof- PAYCHECK FAIRNESS? discrimination where it exists, and I ing Contractors Association (coalition let- Equal pay for equal work stands as a cor- support the full enforcement of these ter); 30. National Small Business Associa- tion; 31. National Stone, Sand and Gravel As- nerstone of the American workplace, and we laws. Businesses that discriminate sociation (coalition letter); 32. Nebraska support the principle wholeheartedly. But against a female employee because of Restaurant Association; 33. North Carolina Congress is moving toward a fix that would her gender must be corrected and pe- Restaurant and Lodging Association; 34. be grossly intrusive on decision-making by nalized. Ohio Restaurant Association; 35. Printing In- private businesses. But what the majority is trying to dustries of America (coalition letter); 36. Re- At least one group would get a fatter pay- push through here today is of a very tail Industry Leaders Association; 37. Small check from the Paycheck Fairness Act: trial Business & Entrepreneurship Council (coali- lawyers. different nature. The so-called Pay- The proposed law says that in cases where tion letter); 38. Society for Human Resource check Fairness Act is actually a ‘‘jobs a pay disparity between men and women is Management (coalition letter); 39. Texas for trial lawyers act.’’ The primary challenged in court, an employer would have Restaurant Association; 40. U.S. Chamber of to prove there is some reason for the gap beneficiary of this legislation will be Commerce; 41. U.S. Commission on Civil other than discrimination. The employer trial lawyers. They will be able to Rights; 42. Virginia Hospitality and Travel would also have to prove that the gap serves bring bigger class action lawsuits— Association; 43. West Virginia Hospitality & a necessary business purpose. And even then, which usually result in coupons for the Travel Association; 44. World At Work (Re- the employer could be in trouble if a court quires clarification that legit ER practices people that were disadvantaged—with- determines that an ‘‘alternative employment not covered by PFA). out even getting the consent of the practice’’ would serve the same purpose plaintiffs, and they will have the weap- without skewing the salaries. BILL TAKES ON DISTURBING PAY GAP—BUT on of uncapped damages to force em- Those judgment calls go by another name: OFFERS FLAWED REMEDIES management decisions. The legislation ployers to settle lawsuits even when (November 17, 2010) they know they have done nothing would open businesses to wide second-guess- All eyes will likely be on U.S. Senator ing of decisions they made to hire and pro- wrong. The litigation bonanza this bill Scott Brown this week as he casts a decisive mote the most effective work force in a com- would create would extend even to the Senate vote on the Paycheck Fairness Act, a petitive environment. It would leave busi- smallest of small businesses, only fur- bill aimed at helping women fight for equal nesses with one eye on the competition and ther hampering our economic recovery. pay in the workplace. But while parts of the one eye on what a judge might decide in

VerDate Mar 15 2010 03:04 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.008 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7927 hindsight is a preferable ‘‘alternative em- more likely than men to leave the workforce onstrates that an alternative employment ployment practice.’’ to take care of children or older parents. practice exists that would serve the same Uncle Sam to the nation’s employers: We’ll They also tend to value family-friendly business purpose without producing such dif- tell you how to run your business. workplace policies more than men, and will ferential and that the employer has refused Imagine a company that pays more to often accept lower salaries in exchange for to adopt such alternative practice.’’ But workers with greater experience. If women more benefits. In fact, there were so many what if the employer has refused because it haven’t been on the job as long as men, they differences in pay-related choices that the has concluded that the alternative is—con- would likely earn less. The burden would be researchers were unable to specify a residual trary to the employee’s assertion—more on the employer to prove that experience not effect due to discrimination. costly or less efficient? What if the employee only yielded a measurably better quantity Some of the bill’s supporters admit that and employer disagree on what the business and quality of work, but also that it was the the pay gap is largely explained by women’s purpose is or should be? best yardstick to use. ‘‘How are you going to choices, but they argue that those choices This approach also could make employers prove that?’’ asks Camille Olson, an attorney are skewed by sexist stereotypes and social vulnerable to attack for responding to mar- at Chicago’s Seyfarth Shaw LLC who has pressures. Those are interesting and impor- ket forces. Take an employer who gives a testified against the legislation on behalf of tant points, worthy of continued public de- hefty raise to a valued male employee who the U.S. Chamber of Commerce. ‘‘It would be bate. has gotten a job offer from a competitor. very, very difficult.’’ The problem is that while the debate pro- Would a court agree that the raise advanced Making matters worse, under the new law, ceeds, the bill assumes the answer: it would a legitimate business purpose or could the damage awards would be uncapped, and hold employers liable for the ‘‘lingering ef- employer be slammed unless he also bumps class-action procedures loosened. Bring on fects of past discrimination’’—‘‘pay dispari- up the salary of a similarly situated female the trial lawyers. ties’’ that have been ‘‘spread and perpet- employee? The nation already has strong legal protec- uated through commerce.’’ Under the bill, Discrimination is abhorrent, but the Pay- tions for women in the workplace, even for it’s not enough for an employer to guard check Fairness Act is not the right fix. cases of unintentional discrimination. Under against intentional discrimination; it also Mr. ENZI. Mr. President, the news- the Equal Pay Act of 1963, employers can jus- has to police potentially discriminatory as- paper articles I have submitted for the tify wage differentials only if they’re based sumptions behind market-driven wage dis- on gender-neutral factors, such as education, parities that have nothing to do with sexism. RECORD were written by the editorial experience, productivity and market condi- Universities, for example, typically pay boards of the Boston Globe, the Chi- tions. professors in their business schools more cago Tribune, and the Washington This bill has its heart in the right place. It than they pay those in the school of social Post, while the other op ed, written by even has some worthwhile, less-intrusive work, citing market forces as the justifica- a guest columnist, appeared in the New provisions, such as protection from company tion. But according to the gender theory York Times. I don’t think any of these retaliation for workers who share informa- that informs this bill, sexist attitudes led so- would be considered to be conservative tion about wages. ciety to place a higher value on male-cen- newspapers, but they have taken a It has been approved by the House and is tered fields like business than on female-cen- slated to reach the Senate floor next week. tered fields like social work. strong stand in the same direction and It is a high priority for the Obama adminis- The bill’s language regarding these ‘‘lin- position that I have been speaking tration. But it is much too intrusive, and the gering effects’’ is vague, but that’s the prob- here. Senate should reject it. lem: it could prove a legal nightmare for The bottom line is that this legisla- even the best-intentioned employers. The tion will insert the Federal Govern- [From the New York Times, Sept. 21, 2010] theory will be elaborated in feminist expert ment into workplace management de- FAIR PAY ISN’T ALWAYS EQUAL PAY testimony when cases go to trial, and it’s not cisions like never before. This intru- (By Christina Hoff Sommers) hard to imagine a media firestorm devel- sion will benefit trial lawyers and oping from it. Faced with multimillion-dol- Among the top items left on the Senate’s lar lawsuits and the attendant publicity, harm job growth and employment, to-do list before the November elections is a many innocent employers would choose to which will affect both women and men. ‘‘paycheck fairness’’ bill, which would make settle. Supporters of this bill cite wage data it easier for women to file class-action, puni- The Paycheck Fairness bill would set that the Bureau of Labor Statistics tive-damages suits against employers they women against men, empower trial lawyers itself says ‘‘do not control for many accuse of sex-based pay discrimination. and activists, perpetuate falsehoods about The bill’s passage is hardly certain, but it factors that can be significant in ex- the status of women in the workplace and has received strong support from women’s plaining earning differences.’’ In fact, create havoc in a precarious job market. It is rights groups, professional organizations and studies show that if you factor in ob- 1970s-style gender-war feminism for a society even President Obama, who has called it ‘‘a that should be celebrating its success in sub- servable choices, such as part-time common-sense bill.’’ stantially, if not yet completely, overcoming work, seniority, and occupational But the bill isn’t as commonsensical as it sex-based workplace discrimination. choice, the pay gap stands between 5 to might seem. It overlooks mountains of re- 7 percent. Let me repeat: Part-time search showing that discrimination plays lit- [From the Washington Post, Sept. 28, 2010] tle role in pay disparities between men and work, seniority, and occupational women, and it threatens to impose onerous PAYCHECK FAIRNESS ACT: A FLAWED choice reduces the pay gap to between requirements on employers to correct gaps APPROACH TO JOB BIAS 5 and 7 percent. Some of these choices over which they have little control. There should be no tolerance for gender- are certainly personal prerogatives, The bill is based on the premise that the based discrimination in the workplace, and and I would not question the choices 1963 Equal Pay Act, which bans sex discrimi- the Paycheck Fairness Act contains sensible anyone makes with regard to family nation in the workplace, has failed; for proof, provisions on the issue, including protec- obligations or job security and the tions against retaliation for employees who proponents point out that for every dollar quality of fringe benefits, such as men earn, women earn just 77 cents. challenge pay schedules. But the proposal, But that wage gap isn’t necessarily the re- which builds on the existing Equal Pay Act, health, retirement, and child care. But sult of discrimination. On the contrary, would allow employees and courts to intrude to a large extent, this remaining gap is there are lots of other reasons men might too far into core business decisions. due to occupational choice. earn more than women, including differences The bill, which is pending in the Senate, It is unfortunate that this Congress in education, experience and job tenure. would allow employers to defend against has not done more to foster a job When these factors are taken into account equal-pay lawsuits by proving that pay dis- growth environment and improve job the gap narrows considerably—in some stud- parities between men and women were based training programs, such as the Work- ies, to the point of vanishing. A recent sur- on ‘‘bona fide’’ factors, such as experience or vey found that young, childless, single urban education, and that these factors are ‘‘con- force Investment Act, which could women earn 8 percent more than their male sistent with business necessity.’’ This provi- train 100,000 people to be hired in counterparts, mostly because more of them sion would codify the current state of the skilled jobs—sometimes in the non- earn college degrees. law as developed in the courts over the past traditional roles. So instead of being a Moreover, a 2009 analysis of wage-gap stud- 30 years. During that time, judges pressed waitress, they might be a brick mason. ies commissioned by the Labor Department employers to prove the need for educational We have heard that example in hear- evaluated more than 5o peer-reviewed papers requirements that had no nexus to adver- ings. Such training under the Work- and concluded that the aggregate wage gap tised jobs. Such requirements were often force Investment Act produces signifi- ‘‘may be almost entirely the result of the in- used to deny employment to minority appli- dividual choices being made by both male cants. cantly higher wages, and that would and female workers.’’ But the bill does not stop there. It also prepare more women to enter higher In addition to differences in education and mandates that the business necessity defense earning occupational fields. Surely this training, the review found that women are ‘‘shall not apply’’ when the employee ‘‘dem- would be a more reasonable solution

VerDate Mar 15 2010 03:04 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.013 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7928 CONGRESSIONAL RECORD — SENATE November 17, 2010 than a trial lawyer bonanza sure to dis- The yeas and nays are mandatory Working families lose $200 billion in in- advantage all employers and depress under the rule. come per year due to the wage gap be- job growth to the disadvantage of all The clerk will call the roll. tween men and women. employees, which results in disadvan- The legislative clerk called the roll. Pay discrimination is hurting our taged employees getting coupons while Mr. KYL. The following Senator is middle class families and hurting our the trial lawyers keep most of the necessarily absent: the Senator from economy. Loopholes created by the money. Alaska (Ms. MURKOWSKI). courts and weak sanctions in the law I urge my colleagues to oppose this The PRESIDING OFFICER. Are there have allowed many employers to avoid cloture vote. any other Senators in the Chamber de- liability for engaging in gender-based Mr. President, I yield the floor, and I siring to vote? pay discrimination. ask unanimous consent that the time The yeas and nays resulted—yeas 58, That is why the Paycheck Fairness during the quorum be equally divided nays 41, as follows: Act is so important. between the two sides. [Rollcall Vote No. 249 Leg.] The bill closes loopholes that have The ACTING PRESIDENT pro tem- YEAS—58 allowed employers to justify pay dis- pore. Without objection, it is so or- Akaka Franken Murray crimination and prohibits employers dered. Baucus Gillibrand Nelson (FL) from retaliating against employees The clerk will call the roll. Bayh Hagan Pryor who share salary information with Begich Harkin Reed The legislative clerk proceeded to Bennet Inouye Reid their co-workers. It puts gender-based call the roll. Bingaman Johnson Rockefeller discrimination sanctions on equal foot- Mr. CORNYN. Mr. President, I ask Boxer Kerry Sanders ing with other forms of wage discrimi- Brown (OH) Klobuchar Schumer unanimous consent that the order for Burris Kohl nation—such as race, disability or Shaheen Cantwell Landrieu age—by allowing women to sue for the quorum call be rescinded. Specter Cardin Lautenberg The PRESIDING OFFICER (Mr. BEN- Stabenow compensatory and punitive damages. Carper Leahy NET). Without objection, it is so or- Casey Levin Tester And it also requires the Department of dered. Conrad Lieberman Udall (CO) Labor to enhance outreach and train- Udall (NM) f Coons Lincoln ing efforts to work with employers in Dodd Manchin Warner Webb order to eliminate pay disparities. CONCLUSION OF MORNING Dorgan McCaskill One of the 111th Congress’s most im- BUSINESS Durbin Menendez Whitehouse Feingold Merkley Wyden portant achievements was passing the The PRESIDING OFFICER. Morning Feinstein Mikulski Lilly Ledbetter Equal Pay Restoration business is closed. NAYS—41 Act. That legislation, which is now f Alexander Crapo Lugar law, ensures that women who have Barrasso DeMint been the victims of pay discrimination PAYCHECK FAIRNESS ACT— McCain Bennett Ensign McConnell get their day in court and can chal- MOTION TO PROCEED Bond Enzi Nelson (NE) Brown (MA) Graham lenge employers that willingly pay CLOTURE MOTION Risch Brownback Grassley Roberts them less for the same work. The PRESIDING OFFICER. Under Bunning Gregg Sessions The Equal Pay Restoration Act hon- the previous order, the Senate will re- Burr Hatch Shelby ors the legacy of Lilly Ledbetter, a su- Chambliss Hutchison Snowe sume consideration of the motion to Coburn Inhofe pervisor at a Goodyear Tire Plant in Thune proceed to S. 3772, which the clerk will Cochran Isakson Alabama, who after 19 years of service Vitter Collins Johanns report. Voinovich discovered she had earned 20 to 40 per- The legislative clerk read as follows: Corker Kyl cent less than her male counterparts Cornyn LeMieux Wicker Motion to proceed to Calendar No. 561, S. for doing the exact same job. 3772, a bill to amend the Fair Labor Stand- NOT VOTING—1 Today we had another important op- ards Act of 1938 to provide more effective Murkowski portunity to honor the legacy of remedies to victims of discrimination in the The PRESIDING OFFICER. On this women like Lilly Ledbetter by passing payment of wages on the basis of sex, and for vote, the yeas are 58, the nays are 41. this legislation. other purposes. Three-fifths of the Senators duly cho- But instead of standing up for equal The PRESIDING OFFICER. The clo- sen and sworn not having voted in the economic opportunity for women, Re- ture motion having been presented affirmative, the motion is rejected. publicans said no, and filibustered this under rule XXII, the Chair directs the Mrs. BOXER. Mr. President, I am important bill. clerk to read the motion. very disappointed that the Paycheck I am very disappointed by this out- The legislative clerk read as follows: Fairness Act was filibustered today. come, but I want my colleagues to CLOTURE MOTION The Paycheck Fairness Act passed know that we will not give up this We, the undersigned Senators, in accord- the House on January 9, 2009, by a vote fight. ance with the provisions of rule XXII of the of 256–163 and Senate passage is long Mr. WHITEHOUSE. Mr. President, I Standing Rules of the Senate, hereby move overdue. rise today to express my disappoint- to bring to a close the debate on the motion This critical legislation will ment in the failure of the Senate to in- to proceed to Calendar No. 561, S. 3772, the strengthen the Equal Pay Act and voke cloture on the Paycheck Fairness Paycheck Fairness Act. Harry Reid, Patrick J. Leahy, John F. close the loopholes that have allowed Act. After our triumph 2 years ago in Kerry, Carl Levin, Jack Reed, Bernard employers to avoid responsibility for advancing gender equality through the Sanders, Benjamin L. Cardin, Frank R. discriminatory pay. Lilly Ledbetter Act, the first piece of Lautenberg, Ron Wyden, Tom Harkin, Although the wage gap between men legislation signed by President Obama, Amy Klobuchar, Sherrod Brown, and women has narrowed since the pas- the Paycheck Fairness Act would have Kirsten E. Gillibrand, Christopher J. sage of the landmark Equal Pay Act in been another step towards ending gen- Dodd, Patty Murray, Barbara Boxer. 1963, gender-based wage discrimination der discrimination in the workplace. The PRESIDING OFFICER. By unan- remains a problem for women in the Four decades after the Equal Pay Act imous consent, the mandatory quorum workforce. was signed into law, women still earn call has been waived. According to the U.S. Census Bureau, only 77 cents for every dollar earned by The question is, Is it the sense of the women only make 77 cents for every their male counterparts. That equates Senate that debate on the motion to dollar earned by a man. The Institute to almost $11,000 less per year. In proceed to S. 3772, a bill to amend the of Women’s Policy Research found that Rhode Island, women on average make Fair Labor Standards Act of 1938 to this wage disparity will cost women approximately $36,500 where men make provide more effective remedies to vic- anywhere from $400,000 to $2 million $49,000. For full-time, college educated tims of discrimination in the payment over a lifetime in lost wages. Today an Rhode Island workers over 25 years old, of wages on the basis of sex, and for average college-educated woman work- women make an average of $55,000, other purposes, shall be brought to a ing full time earns as much as $15,000 while men average $70,000. This is sim- close? less than a college-educated male. ply unacceptable and shows that the

VerDate Mar 15 2010 03:04 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.024 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7929 remedies provided by current law are The yeas and nays resulted—yeas 74, First, let me say that the issue of not adequate. Those who dismiss the nays 25, as follows: food safety is an issue that is of pri- disparity as a consequence of women’s [Rollcall Vote No. 250 Leg.] mary importance. We need to make ‘‘choice of work’’ ignore the fact that YEAS—74 sure the food that is put in the retail the wage gap exists even in highly Akaka Feingold Merkley stores as well as in restaurants and skilled industries such as aerospace en- Alexander Feinstein Mikulski every other location in America is ab- gineering and network systems and Barrasso Franken Murray solutely the safest, highest quality data communications analysis. Baucus Gillibrand Nelson (FL) food product anywhere in the world. Bayh Grassley The Paycheck Fairness Act would Pryor Begich Gregg Reed That has always been our reputation. have required employers seeking to pay Bennet Hagan Reid But there are some gaps in the food women less money than their male Bingaman Harkin Rockefeller safety inspection program in the counterparts to justify the difference Boxer Inouye Sanders United States today that have allowed Brown (MA) Johanns Schumer with legitimate business factors. It Brown (OH) Johnson some things to happen. We had a situa- Shaheen Burr Kerry would also have allowed women to Snowe tion in Georgia 2 years ago where we Burris Klobuchar compare their wages to those of their Specter found salmonella in some peanut but- Cantwell Kohl colleagues in the same county, not just Cardin Landrieu Stabenow ter in a location in south Georgia—a their own office, providing a larger and Carper Lautenberg Tester manufacturing location. And while fairer pool of comparative examples. Casey Leahy Thune FDA had the authority to go in and Udall (CO) And the bill would have allowed women Collins LeMieux make an inspection, the way they actu- Conrad Levin Udall (NM) to receive punitive and compensatory Coons Lieberman Vitter ally inspected it was on a contract damages equal to those in cases of Corker Lincoln Voinovich basis through the Georgia Department race-based discrimination. We owe it to Dodd Lugar Warner of Agriculture. They didn’t have the re- Dorgan Manchin Webb the hard-working women of the United Durbin McCaskill Whitehouse sources to do the real oversight that States, especially in these difficult eco- Enzi Menendez Wyden needed to be done. Here we had a com- nomic times, when every penny of NAYS—25 pany that had found salmonella in pea- every paycheck counts, to continue to nut butter with their own inspections Bennett DeMint McConnell fight for equality. Bond Ensign Nelson (NE) and their own product had been sent to I commend the bill’s original spon- Brownback Graham Risch their contractor and salmonella was sor, Secretary Clinton, as well as Sen- Bunning Hatch Roberts found to be positive, and yet they ator DODD and Senator MIKULSKI, who Chambliss Hutchison Sessions didn’t have to report that to FDA. Coburn Inhofe have worked so hard to bring attention Shelby That has been changed in this bill, but Cochran Isakson Wicker to the issue of gender discrimination in Cornyn Kyl those are the types of gaps it is impor- the workplace. I will continue to fight Crapo McCain tant to see changed. alongside my colleagues for the pas- NOT VOTING—1 What is a problem to me right now is sage of the Paycheck Fairness Act. Murkowski a number of things, not the least of f The PRESIDING OFFICER. On this which is the definition of what is a small farmer. Small farmers have been FDA FOOD SAFETY MODERNIZA- vote, the yeas are 74, the nays are 25. granted an exemption, but that provi- TION ACT—MOTION TO PROCEED Three-fifths of the Senators duly cho- sen and sworn having voted in the af- sion was changed as recently as this CLOTURE MOTION morning. I understand, also, that it is The PRESIDING OFFICER. Pursuant firmative, the motion is agreed to. Mr. LEAHY. Mr. President, I suggest up for discussion again now. But the to rule XXII, the clerk will report the definition currently in the bill is that a motion to invoke cloture. the absence of a quorum. The PRESIDING OFFICER. The small farmer is determined to be a The assistant legislative clerk read farmer with gross receipts smaller than as follows: clerk will call the roll. The assistant legislative clerk pro- $500,000. Well, unfortunately, or fortu- CLOTURE MOTION ceeded to call the roll. nately, in my part of the world, cotton We, the undersigned Senators, in accord- Mr. CHAMBLISS. Mr. President, I today is selling at $1.50 a pound. A bale ance with the provisions of rule XXII of the ask unanimous consent that the order is 500 pounds. It doesn’t take many Standing Rules of the Senate, hereby move bales to reach $500,000 in gross receipts to bring to a close the debate on the motion for the quorum call be rescinded. to proceed to Calendar No. 247, S. 510, the The PRESIDING OFFICER (Mr. from the sale of cotton, and that FDA Food Safety Modernization Act. BURRIS). Without objection, it is so or- doesn’t count peanuts and wheat and Harry Reid, Tom Harkin, Richard Dur- dered. corn and whatever else may go along bin, Jeff Bingaman, Max Baucus, Tom Mr. CHAMBLISS. Mr. President, I with it. So trying to put an arbitrary Udall, Jon Tester, Benjamin L. Cardin, ask unanimous consent to be allowed number such as that, and saying if you Jeanne Shaheen, Frank R. Lautenberg, to speak as in morning business. have gross receipts in excess of that Herb Kohl, Robert P. Casey, Jr., Jack The PRESIDING OFFICER. Without number the FDA has the authority to Reed, Thomas R. Carper, Bill Nelson, objection, it is so ordered. come on your farm, but if you have less Kent Conrad, Carl Levin, Mary L. Landrieu. Mr. CHAMBLISS. Mr. President, I than that they do not have the author- am an original cosponsor of S. 510, the The PRESIDING OFFICER. By unan- ity, I think it is not the proper way to bill we just invoked cloture on, and as imous consent, the mandatory quorum go. I said before the vote, I was going to Secondly, with respect to that issue, call has been waived. actually have to vote against cloture The question is, Is it the sense of the even if they are exempt as a small and I would speak after the vote as to Senate that debate on the motion to farmer, they still have a mandate of a why because we were up against a proceed to S. 510, a bill to amend the huge amount of paperwork that has to timeline. I wish to take a minute to Federal Food, Drug, and Cosmetic Act go along with their production on an say I regret to have had to vote against with respect to the safety of the food annual basis. So I don’t know what is cloture. Now that cloture has been in- supply, shall be brought to a close? going to happen with respect to the The yeas and nays are mandatory voked, I guess we will go to the bill, amendment process. We have heard under the rule. and, hopefully, we can make the nec- there may be a filling of the tree and The clerk will call the roll. essary changes in it to improve this there will be no amendments. I hope The assistant legislative clerk called bill. But, frankly, the bill I originally that is not the case. I hope we have the the roll. cosponsored is not the bill that is com- opportunity to have an unlimited Mr. KYL. The following Senator is ing to the floor today. It has been amount of amendments and that we necessarily absent: the Senator from changed in some material ways. As late can get the bill corrected and can then Alaska (Ms. MURKOWSKI). as this morning there were changes make it, at the end of the day, a good The PRESIDING OFFICER. Are there being made, and I understand there are bill that will generate a significant any other Senators in the Chamber de- discussions going on right now that vote on this floor. We have also heard siring to vote? may even change it again. there may be no amendments that are

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Clearly, the American people than about 30 national agricultural room Institute; California Grape and heard the President’s sales pitch; they groups wrote a letter to Chairman Tree Fruit League; Corn Refiners Asso- just didn’t want to buy his product. ciation; Florida Tomato Exchange; Nevertheless, the President and this HARKIN, as well as to Ranking Member Fresh Produce Association of the ENZI, on Monday saying they were op- Congress proceeded to force this new Americas; Georgia Fruit and Vegetable health care law upon the American posed to that amendment and, if it is Growers Association; Idaho Potato included in the bill, they are going to Commission; International Dairy people, and they paid a heavy price in be opposed to the bill. That again is Foods Association; National Council of the 2010 elections when Americans one of these eleventh-hour issues that Farmer Cooperatives; National Chick- voted for candidates who vowed to remains undecided. en Council; National Farmers Union; overturn the President’s new law. National Grain and Feed Association; Republicans have listened to the Mr. President, I ask unanimous con- National Meat Association; National American people and are committed to sent to have printed in the RECORD a Milk Producers Federation; National ensuring that America’s health care copy of the letter to which I just re- Oilseed Processors Association; Na- system continues to remain the best in ferred. tional Pork Producers Council; Na- tional Potato Council; National Tur- the world. As a physician, as well as a There being no objection, the mate- key Federation; National Watermelon Member of the Senate, I listened care- rial was ordered to be printed in the Association; Pet Food Institute; fully to the discussions and the debate RECORD, as follows: Produce Marketing Association; Shelf- during the entire campaign season. I NOVEMBER 15, 2010. Stable Food Processors Association; listened to what candidates had to say Hon. TOM HARKIN, Texas Produce Association; United Egg on both sides of the aisle, I listened to Chairman—Health, Education, Labor and Pen- Producers; United Fresh Produce Asso- what Americans had to say all over the sions (HELP) Committee, Washington, DC. ciation; U.S. Apple Association; West- country, and I put together something Hon. MICHAEL B. ENZI, ern Growers Association. called United Against Obamacare. It is Ranking Member—Health, Education, Labor Mr. CHAMBLISS. Mr. President, I a compendium of comments and state- and Pensions (HELP) Committee, Wash- hope that at the end of the day amend- ments made by the 13 newly elected ington, DC. ments will be allowed; that we can Republican Senators to this body who DEAR CHAIRMAN HARKIN AND RANKING MEM- come up with a bill that is positive and will take office within the next 2 BER ENZI: The safety of this nation’s food that closes these gaps we have in the supply is the highest priority for the food food safety inspection program in this months. Let me read sentences taken and agricultural organizations represented country. from statements each of them made on this letter. As the Senate advances sound Senator KLOBUCHAR and I have about health care. public policy to maximize public health and I view the health care bill as the single ensure consumer confidence in our food safe- worked very hard on a provision that is included in the base bill that will im- greatest assault to our freedom in my life- ty system, we understand the Senate may time. consider amendments to S. 510, the ‘‘Food prove the inspection process and make it easier and give more authority and, The thing that worries me the most about Safety Modernization Act,’’ that would ex- this bill, 2,000 pages of all kinds of mandates, empt certain segments of the food industry more importantly, more teeth to the huge new government control of health care, from food safety requirements contained in folks who are charged with doing the is that in time—and it won’t be much time— this legislation. In particular, we understand inspections. If that is the case, and we the government is going to intervene be- that these amendments target exemptions can get the right amendments done, tween patients and their doctor. based on the size of farms and type of mar- then perhaps we can get a true bipar- keting operation. That first sentence was by Senator- tisan bill passed and one we can all feel The undersigned organizations represent elect Johnson and the next sentence good about supporting. was from Senator-elect Toomey. the vast majority of growers, producers, With that, Mr. President, I yield the I don’t want the government to tell me shippers, distributors, processors, packers, floor. and wholesalers, and the vast majority of what is acceptable and unacceptable about our members are small businesses. We be- The PRESIDING OFFICER. The Sen- my health care options. I want my doctor to lieve an operation’s size, the growing prac- ator from Wyoming. tell me what’s best for my care. tices used, or its proximity to customers SECOND OPINION That statement was made by Sen- Mr. BARRASSO. Mr. President, a does not determine whether the food offered ator-elect Boozman. is safe. What matters is that the operation couple of weeks ago, Americans voted. implements prudent product safety prac- They voted for more jobs, for less It is not supported by the American people. tices, whether the product is purchased at a They do not want one size fits all health spending and, of course, for smaller care. roadside stand, a farmers’ Market, or a large government. As you know, I have come supermarket. We support FDA food safety to the Senate floor week after week to A statement made by Senator-elect programs developed through a scientific, Coats. risk-based approach and that benefit public give a doctor’s second opinion about Government control of health care will re- health. the health care law. Polling shows that 58 percent of Americans voting on elec- duce competition, limit personal choices, For the public to have confidence in the and increase overall costs. food safety system, Congress and federal reg- tion day still want to repeal and re- ulators must bring all segments of the food place the President’s new health care A statement made by Senator-elect production and processing system into com- law. Hoeven. pliance with national safety standards. We Americans have made it clear they I think premiums will rise, and as people believe technical assistance, training, ex- oppose this new policy that put Wash- begin to deal with the penalties of tended transition timeframes for compli- ington between patients and their doc- Obamacare, we will have more loss of jobs. ance, and financial support are more appro- tors. The day after the election, Presi- That was Senator-elect Rand Paul. priate ways to assist small businesses dent Obama was asked about his health Next: throughout the food distribution chain to care law’s impact on the election. He comply with important food safety stand- We’re becoming less competitive every ards. We urge the Senate to incorporate didn’t seem to understand the message time government increases the cost of being these types of provisions into the final bill from the American people. It appears in business—and if it’s a problem for a large rather than provide blanket exemptions. to me that the President continues to business, my small business men and women believe the American people liked his will have even greater struggles to over- We urge the Senate to reject the notion of come. providing blanket exemptions for segments policy but just didn’t like his sales of the food industry based solely upon size, pitch. That was Senator-elect Moran. Next: location, or type of operation. Consumers Well, in the President’s first year I do not think that 12 new taxes and cuts should be able to rely on a federal food safe- alone, he participated in 42 press con- to Medicare are in the interest of the people.

VerDate Mar 15 2010 01:00 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.041 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7931 That was Senator-elect Kirk. ance. The Federal Government has serious about working with us, he will It’s going to bankrupt America, it adds $2.5 never before forced the American peo- consider our constructive proposals. If trillion to our debt in the long term. ple to purchase a product, a good, or a not, he will continue to see the Amer- That is Senator-elect Rubio. service they may not want. We should ican people strongly speak out against That’s why it’s important to keep the re- overturn this unconstitutional man- his expensive, overreaching, and ideo- peal effort alive. What we owe is not a Re- date. logical agenda. publican issue or a Democratic issue. It is an Senator JOHANNS introduced the I yield the floor. American issue. Small Business Paperwork Elimination The PRESIDING OFFICER. The Sen- Senator-elect Ayotte. Act. It repeals section 9006 of the ator from Ohio is recognized. Every possible means must be applied health care law. Section 9006 requires Mr. BROWN of Ohio. Mr. President, I within Congress as well as through the appli- business owners to submit separate know Senator BARRASSO is relatively cation of the Constitution and the law to 1099 reporting forms for each business- new in Washington, House or Senate. I stop full implementation of this legislation. to-business transaction totaling more appreciate his words. I am not talking Senator-elect Lee. than $600 over the course of a year. about him. But there are so many op- I have proposed over a dozen health care Small business owners now, with this ponents of this health care legislation. solutions to help reduce the cost of health law, have to file 1099 forms for basic First of all, regarding some of the care. business expenses, such as phone serv- partisan opponents of this law—the Senator-elect Blunt. And in conclu- ice, Internet service, shipping costs, American people do not want to see us sion: and office supplies. This only serves to relitigate and redebate the health care legislation. They want some focus on I can tell you at least one thing coming increase the cost to own and to operate job growth. But what strikes me as a . . . When it comes time to vote to repeal a business. Why? Because, according to bit hypocritical—again, I am not sin- health care, I vote yes. the law, they will then be able to pro- gling out Senator BARRASSO because he Senator-elect Portman. vide $17 billion more in taxes to pay for has not been here very long—there are That is United Against Obamacare this unwanted health care law. so many Members in the House of Rep- and statements made by the men and Senator CORNYN introduced the women who were recently elected to Health Care Bureaucrats Elimination resentatives and in the Senate who have enjoyed government health care the Senate on the Republican side of Act. It repeals the health care law’s for a decade or two or three, where tax- the aisle. Independent Payment Advisory Board. payers paid for their health care. Those We will fight to repeal the law and This bill would remove the unelected, conservative Members did nothing, replace it with legislation that will unaccountable bureaucrats from their zero, to help those people without in- help patients and providers and tax- position of making Medicare payment surance, to help those people who had payers. and reimbursement decisions. preexisting conditions, to help those During his recent press conference, Senator ENZI offered the grandfather people close the doughnut hole, help President Obama also said that if Re- regulation resolution of disapproval. senior citizens to get help on their drug publicans have ideas for how to im- This resolution overturns a new Obama prove our health care system, he would costs. administration health care law regula- Now they want to repeal the health now be happy to consider them. Well, it tion. President Obama repeatedly care bill. In other words, they want to would have been nice if he had consid- promised: If you like what you have, keep their government insurance for ered our ideas during the last 2 years you can keep it. This so-called grand- themselves, but they don’t seem to but better late than never. Since the father regulation breaks that promise. want to help anybody else out there. It President was sworn in, Republicans The new regulation was supposed to just sickens me. have proposed a host of proposals that spare businesses already providing More important, I don’t think the will improve health care in America. health insurance to their workers public wants us to continue debating Today, I wish to walk through some of many of the higher costs of new man- health care. The public wants us to the Republican ideas that are strongly dates imposed by the health care law. work on job growth, to focus on things supported by a majority of the Amer- If businesses lose this so-called grand- like I did in Ohio Monday where I gath- ican people. fathered status, then they will be re- ered 300 small businesses, people who First, if Congress wanted to truly quired to comply with all the new in- make things, who want to sell to major demonstrate that it got the message— surance mandates in the law. This in- aerospace manufacturers, in this case if it truly wanted to demonstrate that cludes requirements to offer a Federal Airbus in my State, putting people to it got the message—the House and the minimum benefit package and to waive work—because that is what it is all Senate would immediately repeal the copayments for certain services. This about. President’s new health care law. Sen- will force our small businesses to Mr. President, I want to speak for a ator DEMINT currently has a bill that change plans and increase costs. moment about food safety. It is tempt- would repeal the health care law in its In fact, the regulation—and it is a ing to take the safety of our food sup- entirety. By passing this law, we could regulation where they took two pages ply as given, but it is actually more a ensure that the American people will of the law and blew it into 121 pages of goal, one that continues to elude us. get the reform they want. regulations—the regulation estimates Each year in the United States 76 mil- It is unlikely that Democrats will that fully 80 percent of small busi- lion people contract a foodborne ill- vote for a straight up-or-down repeal nesses can expect to lose their grand- ness. Some get mildly sick, some get bill, and even less likely that the Presi- fathered status based on the extensive very sick, a few actually die. The Cen- dent would sign it into law. So I wish regulations the administration wrote. ters for Disease Control and Prevention to talk about other Republican pro- This is a job-killing, wage-cutting reg- estimates that more than a few, 5,000 posals that would eliminate some of ulation. Certainly, this is not the re- people a year, die from foodborne ill- the most egregious portions of the form the American people were prom- ness. These are mostly not people in President’s new health care law. ised. their thirties who are healthy. It is the Senator HATCH of Utah proposed the Also, just this week, Leader MCCON- very young, very old, those whose American Job Protection Act. It re- NELL is filing an amicus brief regarding health may be frail, whose health may peals the health care law’s job-killing the health care litigation that is cur- not be as strong as others’. Nonethe- employer mandate. It strikes relevant rently pending in Florida’s Federal less, 5,000 people die a year. sections in the health care law forcing court. His brief argues that the indi- Over the last few years we faced mel- employers to provide health insurance vidual mandate is not authorized by amine in infant formula, harmful sea- to their employees or face a penalty. Congress and that the Government food from China, tainted peppers from Senator HATCH has also introduced cannot use the commerce clause to Mexico, E. coli in spinach, Salmonella the American Liberty Restoration Act. force citizens to buy a product. in peanuts. Sometimes it is inter- It repeals the health care law’s indi- This list of ideas represents only a national problems. Sometimes it is do- vidual mandate—the mandate requir- fraction of the Republican ideas cur- mestic problems. International prob- ing all Americans to buy health insur- rently on the table. If the President is lems mean we ought to be looking at

VerDate Mar 15 2010 01:00 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.042 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7932 CONGRESSIONAL RECORD — SENATE November 17, 2010 trade policy closer than we have, but This bill is here today because of the velop additional recordkeeping require- that is a debate for another day. strong work especially of Senator DUR- ments for foods the FDA determines to A few months ago we had a nation- BIN of Illinois and Representative JOHN be high risk. We require the Comp- wide recall of eggs due to Salmonella DINGELL of Michigan. Also, I commend troller General to examine and provide contamination. Just this week we saw Ranking Member ENZI on the HELP recommendations regarding how to fur- a recall of smoked turkey breast prod- Committee and Chairman HARKIN and ther improve the product tracing sys- ucts because of Listeria contamina- Senators DODD, BURR, and GREGG for tem. We don’t know everything yet tion. The safety of Americans is their work. that we need to do. This gives the FDA threatened by a regulatory structure I also commend the Kroger Company and the Comptroller General guidance that has failed to keep pace with mod- based in Cincinnati, OH, for the work and leadership and the authority, in ern changes in food production, proc- they and other grocery store chains addition to what we have done, to do it essing, and marketing. and other food processing companies in the right way. We have at our grocery stores a won- have done collectively to make sure I thank Senators HARKIN, ENZI, DUR- derful thing. We have all kinds of selec- this legislation works for them on the BIN, BURR, DODD, and GREGG for the tions: fresh fruits and vegetables and traceability issue. Many of them, many work they have done, and Representa- fish and all kinds of foods we didn’t of these companies, have already set up tive DIANA DEGETTE from Denver and have when I was growing up in the good traceability provisions by them- Senators MERKLEY and FRANKEN, who 1960s in Mansfield, OH. We did not have selves without government involve- have been particularly strong advo- that kind of selection in food stores, ment. I think Kroger is especially to be cates working with me. especially in the winter months. Now commended for doing that. The best The goal is to make food safety a we do. That is a great thing, but we way to ensure the FDA can decisively foregone conclusion. It is what Ameri- don’t do what we need to do to guar- respond to foodborne outbreaks is to cans expect. It is what we have had antee its safety. authorize a comprehensive food tracing through many years. We have moved It is time to fix this broken system system, as I mentioned. away from that. This puts us right on once and for all. The time has come for Earlier this year I introduced S. 425, course to do it right. Congress to pass legislation that will the Food Safety and Tracing Improve- I thank the President, and I yield the in fact improve our country’s food safe- ment Act. It would improve the ability floor. ty system. America’s families should of Federal agencies to trace the origins The PRESIDING OFFICER. The Sen- be able to put food on the table with- of all contaminated food. I am very ator from Delaware is recognized. out fearing any kind of contamination. pleased that important components Mr. CARPER. I ask unanimous con- We shouldn’t worry that the food in the and goals of my legislation are in- sent to speak as in morning business school cafeterias, ballparks, grocery cluded in the managers’ amendment. for 10 minutes. stores, or local restaurants will send a With the addition of these stronger The PRESIDING OFFICER. Without child to the hospital and spread panic traceability provisions, the FDA will objection, it is so ordered. throughout the community. be tasked with establishing a tracing THANKING SENATOR BURRIS That is why I am so pleased we are system for both unprocessed and proc- Mr. CARPER. Mr. President, first, let considering the Food Safety Mod- essed food, such as peanut butter. The me say I have had the pleasure any ernization Act. This legislation will ad- 2008–2009 peanut butter Salmonella out- number of times, as I think have most dress—I will talk briefly about it and break which sickened more than 700 all of our colleagues, to be recognized then yield to my colleague from Dela- people and resulted in 9 deaths dem- by the Presiding Officer. Many times it ware, Senator CARPER—some of the onstrates exactly why the FDA needs is you. I know you will be leaving us problems with our current food safety expanded authority to trace foods. soon—2 days—but it has been a real system. It will require facilities to con- One victim of the peanut butter Sal- pleasure to serve with you. I appreciate duct an analysis of the most likely monella outbreak was Nellie Napier of not only having the opportunity to food safety hazards and design and im- Medina, OH. Ms. Napier was an 80-year- work in the Senate with you but on our plement risk-based controls to prevent old mother of 6 children, 13 grand- committees and subcommittees. You them. It would increase the frequency children, and 11 great-grandchildren. have been a great colleague. We are of plant inspections. It would strength- She got ill in January of 2009, almost 2 going to miss you. en recordkeeping requirements and years ago, after eating a peanut butter HEALTH CARE food traceability systems so we know product tainted with Salmonella. When Senator BARRASSO was speaking ear- where the food came from before it gets she got sick, doctors told her family lier, talking about the health care leg- to the grocery store. It provides the there was nothing they could do and islation. One of the means of paying for FDA with the authority to mandate she died shortly thereafter. part of the health care reform—you food recalls, something that is vol- The FDA was able to identify the may recall the Congressional Budget untary now. source of the outbreak in a short pe- Office has said health care reform is Most companies step forward and do riod of time, but it was incredibly dif- expected to actually reduce the budget it. Some do not. Some delay before ficult and time consuming for the FDA deficit by about $100 billion over the they do, imposing health risks. It to determine where all the contami- next 10 years and by about another $1 would ensure further study by the FDA nated peanut butter ended up. The trillion in the 10 years following that. on enhanced safety and sanitary meth- source company sold to 85 other com- Part of our challenge is to make sure ods for the transportation of foods, and panies. They sold to another 1,500 com- we do that, that potential for deficit we must ensure this includes an exam- panies, and many of those companies reduction is realized. ination of the pallets on which our food sold to other companies. There were no One of the provisions in the health is shipped. trace-back provisions to be able to help care bill calls for businesses, large and At home you don’t use the same cut- and warn others of potential contami- small, to submit form 1099s when they ting board for chicken that you use for nation. make a purchase of a service or a good vegetables, or at least you should not, Last year, the Inspector General re- from some other business. That can be because of potential food safety prob- leased a report entitled ‘‘Traceability an administrative burden for busi- lems. It is the same thing with these in the Food Supply Chain.’’ This report nesses. wooden pallets because they can col- identified significant and unacceptable The reason it was put in the bill was lect—especially wooden pallets—way difficulties in tracing food through the because it is a big cash economy and more bacteria than you can imagine. supply chain. The report attempted to there is a huge tax gap of money that We require more extensive provisions trace 40 products through each stage of is owed to the Treasury. Last time the for heightened security of imports the food supply chain. They were able IRS estimated, they said it was about which account for an increasing share only to trace 5 of the 40. That is why $300 billion in moneys owed to the of our fresh fruits and vegetables, an we know how important this legisla- Treasury not being paid, in many cases increasing share of U.S. food consump- tion is. We required the FDA to estab- by businesses—in a lot of cases where tion. lish a product tracing system and de- they work on a for-cash basis. The IRS

VerDate Mar 15 2010 01:00 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.043 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7933 has asked us forever to do something mented in less than 2 months focuses problems when they are small and can about that problem. We tried to do it on Medicare and it focuses on our sen- be fixed and cared for rather than when in the context of health care reform ior citizens. people get really sick and end up in and use it for part of the way to pay for As many of us know, since 2006 there hospitals, which costs, as we know, a the health care costs. has been a Medicare prescription drug boatload of money. We are going to come back and fix program. We call it Part D. Medicare The third thing he mentioned to all that issue—particularly the concerns has Parts A and B, which is doctor care of us, in addition to the doughnut hole raised by smaller businesses that this and hospital care, it has Part C, which and the annual physicals, is copays. In is an administrative burden—to see if is Medicare Advantage, and it has Part Medicare, there is a copay for a lot of there is a way to make it a lot less bur- D, which is the prescription drug pro- preventive screening—colonoscopies, densome but at the same time to see if gram. In Part D, when we actually mammographies, those kinds of there is a way to close the tax gap. adopted it, we said that the first rough- things—and a lot of the time these The idea that those of us paying our ly $3,000 of name-brand drugs Medicare Medicare recipients do not have the fair share of taxes know a number of recipients take in a year—Medicare money. They do not have the money to folks and businesses are not is enough pays roughly 75 percent of the first pay for the copays, so they do not get to make our blood boil. We have to fix $3,000. The individual pays the rest. Ev- the colonoscopies or they do not get that and at the same time not create erything over $6,000 in name-brand the mammographies, they do not get an unneeded burden for businesses in drugs that a person takes in a year in the preventive screening, and then complying. this program—Medicare covers about they get very sick, and the rest of us We just had a hearing in the Finance 95 percent of everything over $6,000. pay the tab. That is not smart. Committee this morning. The hearing For most people, everything between Starting in January, the copays for was one sought by Republicans but also $3,000 and $6,000 in a year, Medicare those preventive screenings go away. looked forward to by Democrats. Our pays zero. That is called the doughnut We want the people to get the speaker was Dr. Donald Berwick, whom hole. mammographies, we want them to get you may know is the new adminis- Come January 1, the doughnut hole the colonoscopies when they are due to trator appointed by the President—a is going to be about half filled, and we get them. In doing that, we are going recess appointment because he ex- will find that instead of Medicare pay- to save money in the long haul. pected that we would have a very dif- ing zero for name-brand drugs bought The last thing I wish to mention is ficult time getting him confirmed. We by Medicare recipients purchasing be- that there is a lot of fraud in Medicare. still have holes in the current adminis- tween $3,000 and $6,000 per year, Medi- There is a lot of fraud in Medicaid. tration where we cannot get people care will pay 50 percent. Over the next There are great provisions in the legis- confirmed on the floor, whether it is 10 years, Medicare will pay more each lation that will enable us to go after for Assistant Secretary or Under Sec- year. When we get to 2020, Medicare fraud in Medicare, in Parts A and B, retary—all kinds of provisions. I call it will be covering 75 percent of the cost which is doctor care and hospital care; administration Swiss Cheese, and it is of those name-brand drugs. That will Part C, which is Medicare Advantage; and in Part D. hard to try to govern. The administra- accomplish a couple of things. One, you We have been given a little start to tion realized that early on in a place and I know, Mr. President, that there this in working on Medicare fraud cost like CMS, which stands for Centers for are people in Illinois, Delaware, and recovery in about five States for the Medicare and Medicaid Services. other States who stop taking their last couple of years. Last year, I think In that position, we needed some- medicines. They stop taking their we recovered about $1 billion in five one—we needed someone like yester- medicines in the Medicare prescription States. Next year, we are going to start day—and it looked as if we would have drug program because they fall in the doing Medicare cost recovery in all 50 a tough and probably a long confirma- doughnut hole and Medicare, for them, States. We hire private contractors. tion fight with Dr. Berwick. We just is providing zero. That is going to Out of every dollar they collect from went ahead and made the recess ap- change. And a lot of people who don’t fraud, 90 cents goes back into the Medi- pointment when we were in recess. So take their medicines, unfortunately, care trust fund and the private com- he is on the job now. get sick, they end up in hospitals, and pany keeps 10 cents. That is how they I did not know what to expect in the it becomes very expensive for us to get paid. We are going to be able to ex- hearing. Would it be vitriolic? Dr. Ber- take care of them, instead of taking tend the life of Medicare a whole lot wick did not ask to be a recess ap- maybe a relatively inexpensive medi- because of this. pointee. He said the President asked cine. We are going to begin to address Not only are we going to be going him to serve and he said he would that in a very substantial way on Janu- after waste, fraud, and abuse in a very serve. I think he hit the deck running ary 1. smart way, recovering money in a very and is doing a very nice job. I think the Who pays that 50 percent? The phar- smart way, we are also going to do it in hearing today was more positive, more maceutical companies. Not the tax- Medicaid. We are also doing the same focused on issues and results than I had payers, not the Treasury, the pharma- kind of thing in Medicaid. We have expected it would be. ceutical companies. And as we march asked senior citizens from across the When we passed health care reform from 50 percent up to 75 percent in 2020, country to sign up and be part of a earlier this year, for me, having the pharmaceutical companies have posse almost and to go out and help us worked on it with my colleagues on the agreed to meet those costs. We are identify the fraud. As we do that, we Finance Committee for about, gosh, happy about that, grateful for that. will be able to recover more money over a year, my focus at the time was, They deserve some credit for that. still. How do we get better results for less Another benefit Dr. Berwick talked So that is a little bit of what Dr. Ber- money? And we have a lot of people, as about is annual physicals. Right now a wick talked about today. I thought it we know, who do not have health care person reaches age 65, they are eligible was a very good exchange and a very coverage at all. We need to extend cov- for Medicare, and they get a one-time- encouraging exchange as we go forward erage to them or as many of them as only welcome-to-Medicare physical. in health care reform. we can. But unless we also figure out They can live to be 105 and they will Again, I appreciate the opportunity how to get better health care outcomes never get another one. to make these remarks. It is a very for less money, we are not going to be Under the law, beginning in January, special privilege to do it with you sit- able to sustain extending coverage to 2 months from now, Medicare recipi- ting in that seat today. people who do not have it. So we have ents will be eligible for an annual phys- I yield the floor. to do both. And a good deal of what Dr. ical for the rest of their lives. If they f Berwick testified to today was, How do live to be 105, if they start at 65, they we provide better results for less will get 40 of them. The idea is—and RECESS money? they include cognitive screening as The PRESIDING OFFICER. Under One of the aspects of the legislation well, the physical by their own doctors the previous order, the Senate stands he spoke to which is about to be imple- and nurses—the idea there is to catch in recess until 4 p.m. today.

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TION ACT—MOTION TO PRO- President signed into law recently has But what happens when our forces CEED—Continued helped in getting the committees back eventually pull back? Replacing those Mr. BOND. Mr. President, I ask unan- on track. sanctuaries with secure environments imous consent to proceed as in morn- One area where I strongly believe the and stable governance is the key to en- ing business for up to 15 minutes, with Congress has yet to heed the warnings suring that terrorists do not gain an- the time to be charged against the de- of the 9/11 Commission and other study other foothold in the future. bate postcloture. groups is in reforming its approach to As we have fought this war in Iraq The PRESIDING OFFICER. Without appropriations for intelligence. That is and in Afghanistan, we have learned a objection, it is so ordered. why in 2008, the SSCI passed a resolu- lot about al-Qaida, terrorism, and our INTELLIGENCE PERSPECTIVES tion to establish an appropriations sub- own intelligence capabilities. On July Mr. BOND. Mr. President, I have had committee on intelligence, something 9, 2004, the committee unanimously the distinct privilege over the past 8 the full Senate had already passed in issued its phase I report on the prewar years of serving on the Senate Select 2004. Yet the Appropriations Com- intelligence assessments on Iraq. I view Committee on Intelligence, serving as mittee has failed to act. I continue to this truly bipartisan effort as one of the committee’s vice chairman for the believe this is vital to improving over- the committee’s most successful over- past 4 years. In this role I have been sight and funding of our Nation’s intel- sight accomplishments. privy to our Nation’s deepest secrets, ligence, and I urge the Senate in the The comprehensive 511-page Iraq including great successes and some next Congress to make this happen. WMD report identified numerous ana- failures. Unfortunately, the failures The past 8 years have been ground- lytic and collection failures in the in- usually get leaked to the media while breaking years in Intelligence, particu- telligence community’s work on Iraq’s most of the successes go unheralded. larly as the war on terrorism has WMD programs. These underlying fail- While I am not at liberty to discuss played out in Afghanistan and Iraq. As ures caused most of the major key those successes here, I can witness to I speak today, U.S. and coalition forces judgments in the Iraq WMD National the fact that we have an outstanding in Afghanistan continue to fight ter- Intelligence Estimate to be either fleet of intelligence personnel who self- rorists—al-Qaida, the Taliban, overstated or not supported by the un- lessly sacrifice their time, and some- Haqqani, and others who threaten the derling intelligence reporting. In turn, times their lives, to protect our great stability and future of the region. They American policymakers relied, in part, Nation. Those professionals deserve our fight not only to bring stability to the on these key judgments in deciding undying gratitude, and we all can be region but to disrupt the sanctuaries whether to support the war against proud of their service. It has been a dis- and dismantle the organizations that Iraq. tinct privilege to me to oversee their can and do facilitate terrorist attacks The committee’s Iraq WMD Report work, and for their dedication to our against the United States at home, our served as a valuable ‘‘lessons-learned’’ Nation, I am ever grateful. troops in the field, and our allies exercise. It has had a profound impact As I leave the Senate, having served abroad. on the way the intelligence community in this privileged capacity as vice chair My profound respect and gratitude does business and interacts with Con- of the Intelligence Committee, I leave goes out to those serving in Iraq, Af- gress and the White House. It also set for my colleagues some thoughts, and ghanistan, and across the globe. We the standard for future committee re- recommendations on improvements have asked so much of them and their views. In my opinion, the committee that can be made on intelligence mat- families. They have made enormous, in members and staff who completed the ters going forward, which I believe will some cases ultimate, sacrifices, and project performed a great service to enhance our national security. our Nation is forever in their debt. our Nation. First, let me start with the Congress. As we learned in Iraq, fighting the At the end of 2004, Congress passed Members of Congress often like to enemy is not enough. A comprehensive the Intelligence Reform and Terrorism criticize the executive branch, as is ap- counterinsurgency strategy is required. Prevention Act. The Governmental Af- propriate, but Congress needs to get its It must combine kinetic power—mili- fairs Committee had the lead on this own house in order as well. I joined the tary attacks against terrorists and in- bill, and the act implemented a number Select Committee on Intelligence in surgents—with ‘‘smart power’’—the de- of recommendations of the 9/11 Com- 2003, and during the past 8 years the velopment of host nation capabilities mission, including the creation of the committee has had three chairmen: and infrastructure, and a sensible mix Office of the Director of National Intel- Senators ROBERTS, ROCKEFELLER, and of economic, development, educational, ligence. FEINSTEIN; and two vice chairmen: Sen- and diplomatic strategies. We know After 6 years, the jury is still out on ator ROCKEFELLER and me. It has been that understanding the complexities of the ODNI. Some have argued the office a challenging time, and we have had the region and the forces at play puts is an unnecessary bureaucratic layer. our highs and our lows. After December additional burdens on the resources Others have said the office is too big 2004, the committee failed to pass an and capabilities of the intelligence and needs to be downsized. Still others annual authorization bill that could community. But we also know that are concerned that the DNI’s authority become law for almost 6 years; this was without a viable and appropriately is being undermined by decisionmakers due purely to politics in the Congress. resourced counter-insurgency strategy, in the White House and the Depart- Although the committee was able to we will not see success in Afghanistan, ment of Justice—a point with ample pass unanimously results from an in- and the future of Pakistan will remain evidence over the past several years. vestigation on pre-Iraq war intel- in doubt. Driving terrorist safe havens While these observations have some ligence failures, it was by and large out of Afghanistan is crucial but insuf- merit, I believe the ODNI serves an im- hindered by political infighting for sev- ficient if al-Qaida and Taliban mili- portant leadership function within the eral years. In 2003, a memo was found tants continue to find sanctuary in the intelligence community and should not written by a committee staffer that ad- remote border regions of western Paki- be abandoned. vocated attacking intelligence issues stan. There is, however, room for improve- for political gain to damage the Repub- Eliminating the terrorist threat to ment, so I sponsored a number of legis- lican administration and the Repub- the United States that emanates from lative provisions that should enhance lican majorities. That memo was ulti- terrorist sanctuaries in the region is the DNI’s authorities with respect to mately discredited by my friends on our No. 1 goal. A U.S. withdrawal, in accountability reviews and major sys- the other side of the aisle, but it whole or in part, from Afghanistan in tem acquisitions. While some of these

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I believe reflected the Intelligence Committee’s ODNI. that limited committee and govern- conclusion that those electronic com- Turning to battlefield intelligence, ment resources would be better spent munications service providers who as- the committee has spent a considerable on topics of oversight interest on pro- sisted with the TSP acted in good faith amount of time conducting oversight grams that are in operation today. and deserved civil liability protection of the CIA’s detention and interroga- One of the most disturbing leaks that from frivolous lawsuits. The Senate tion program. Intelligence from detain- I have witnessed during my tenure on bill also went further than any legisla- ees has proven to be a most effective the committee occurred in December tion in history in protecting the poten- source of intelligence to protect the 2005, when the New York Times pub- tial privacy interests of U.S. persons Nation. That is why we must capture lished a story describing the Presi- whose communications may be ac- the enemy if at all possible, instead of dent’s Terrorist Surveillance Program, quired through foreign targeting. just killing them. I am concerned late- or TSP. Some view the leakers as he- After months of protracted and dif- ly that due to our lack of effective de- roes. I do not share that view. In fact, ficult negotiations with the House, tention and interrogation policies intelligence operators in the field at Congress finally passed the FISA today our operators in the field feel the time told me that their ability to Amendments Act on July 9, 2008, and compelled to kill vice capture. This is gain valuable information was reduced the President signed it into law the understandable, for unless you are in dramatically. Michael Hayden, then very next day. The final law achieved Iraq or Afghanistan, where would you Director of the CIA, stated that we had the goals of the original Senate bill, al- detain enemy combatants to the begun to apply the Darwinian theory beit less elegantly. While the act is more burdensome than I would prefer, United States? More troubling to me, to terrorism because from then on we we did preserve the intelligence com- we seem to be releasing a number of in- would only be catching the dumb ones. munity’s ability to keep us safe, and dividuals whom we have already de- Frankly, I am amazed the Department we protected the electronic commu- tained, only to see more than 20 per- of Justice has yet to prosecute Thomas nications service providers from those cent of them take action against us on Tamm, a DOJ attorney who openly frivolous lawsuits. the battlefield again. I have a com- bragged in a Newsweek article that he I consider my involvement in the prehensive approach to this issue that intentionally revealed information passage of the Protect America Act I have been working on with other about this highly classified and com- and the FISA Amendments Act to be members that will be introduced on the partmented program. Tamm and his two of the highlights of my legislative floor. fellow leakers are traitors who have career. There is, however, still work to Regarding the CIA’s interrogation done serious damage to our national be done. A number of provisions in the program, I believe the program pro- security. Yet this administration re- FISA Amendments Act are set to sun- duced valuable intelligence informa- fuses to prosecute this open and shut set at the end of next year. Also, there tion. My opinion is not a partisan one. case. Why? are three additional FISA provisions Recently, we learned that the Obama In order to ease concerns of critics, related to roving wiretaps, business Justice Department and Judge Kaplan, the President’s TSP was submitted to records court orders, and the lone wolf a U.S. district judge for the Southern and approved by the Foreign Intel- provision, that are set to expire on District of New York, agree with my ligence Surveillance Court. Unfortu- February 28, 2011. I urge Congress and assessment. Judge Kaplan is presiding nately, in May 2007, this new arrange- the President to work closely together over the Federal trial of Ahmed ment started to unravel when the FISA to ensure that the provisions are made Ghailani, an alleged member of al- Court issued a ruling that caused sig- permanent, without adding unneces- Qaida indicted on charges of partici- nificant gaps in our intelligence collec- sary requirements or limitations that pating in the bombings of the U.S. em- tion against foreign terrorists. will hamper our intelligence collection bassies in East Africa. Last July, Although DNI Mike McConnell plead- capabilities. Judge Kaplan agreed with the Depart- ed to Congress for help, the Congress I mentioned earlier that recently the ment of Justice and found that ‘‘on the failed to respond. Under the looming Intelligence Authorization Act of 2010 record before the Court and as further pressure of the August recess, Repub- was signed into law. When I became explained in the [classified] Supple- lican Leader MITCH MCCONNELL and I vice chairman of the committee in ment, the CIA Program was effective in co-sponsored the Protect America Act 2007, my top priority was to get an in- obtaining useful intelligence from which Congress passed in the first week telligence authorization bill signed Ghailani throughout his time in CIA of August 2007. into law, and I am thankful that with custody.’’ The act did exactly what it was in- the leadership of Senator FEINSTEIN, In March 2009, the committee began a tended to. It closed the intelligence we finally met that goal. The 2010 in- bipartisan review of the CIA’s interro- gaps that threatened the security of telligence authorization bill, while gation program, based upon carefully our Nation and of our troops. But it light on authorization, was heavy on negotiated terms of reference. Unfortu- was lacking in one important aspect. It legislative provisions. I am pleased nately, later that year, the Attorney did not provide civil liability protec- that a number of good government pro- General decided to re-open criminal in- tions from ongoing frivolous lawsuits visions which I sponsored were in- vestigations of the CIA employees in- to those private partners who assisted cluded in the bill. volved in the CIA’s detention and in- the intelligence community with the The law imposes new requirements terrogation program. I believed then TSP. on the intelligence community to man- that the Attorney General’s decision Following the passage of the Protect age better their major systems acquisi- would impede the committee’s ability America Act, I worked to come up with tions. Too often, we have seen IC acqui- to conduct interviews of key witnesses, a bipartisan, permanent solution to sitions of major systems, i.e., over $500 thereby diminishing the value of the modernize FISA and give those private million, balloon in cost and decrease in review. As a result, I withdrew minor- partners needed civil liability protec- performance. These provisions will op- ity staff from the committee’s review. tions. The committee worked closely erate together to address the long- The majority pressed ahead and has re- for months with the DNI, the Depart- standing problem of out-of-control cost fused to comply with committee rules ment of Justice, and experts from the overruns in these acquisitions. Modeled to keep the minority fully and cur- intelligence community to ensure that on the successful Nunn-McCurdy provi- rently informed, but it soon ran into there would be no unintended oper- sions in title 10 of the United States the obstacles I foresaw, with CIA per- ational consequences from any of the Code, these provisions encourage great- sonnel declining to speak with them provisions included in our bipartisan er involvement by the DNI in the ac- based on the advice of counsel. And product. quisitions process and help the con- who would blame them? In February 2008, after many hear- gressional intelligence committees per- The majority has spent valuable time ings, briefings, and much debate on the form more effective and timely over- and resources on this matter, and the Senate floor, the Senate passed the sight of cost increases.

VerDate Mar 15 2010 01:14 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.018 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7936 CONGRESSIONAL RECORD — SENATE November 17, 2010 Another good government provision Even worse, it appears that this re- picked up on the battlefield or sus- established a requirement for the intel- sistance has been based in part on the pected of terrorist activities. Today, ligence community to conduct vulner- NRO’s unhealthy reliance upon, and 174 detainees remain at Gitmo. ability assessments of its major sys- apparent subordination to, the con- In 2008, in a sharply divided opinion tems. A significant vulnerability in a tractor that builds these incredibly ex- and despite clear language from Con- major system can impede the operation pensive satellites. In spite of this re- gress to the contrary, the Supreme of that system, waste taxpayer dollars, sistance, Congress saw fit to appro- Court gave Gitmo detainees the con- and create counterintelligence con- priate over $200 million to explore a stitutional right to challenge their de- cerns. This provision requires the DNI better path forward, and I urge my col- tention in our courts. Since then, 38 de- to conduct initial and subsequent vul- leagues in both Houses of Congress to tainees have successfully challenged nerability assessments for any major sustain that effort. I also urge the new their detention. system, and its items of supply, that is DNI, in the strongest terms, to recon- With the recidivism rate for former included in the National Intelligence sider this issue afresh, and with an Gitmo detainees at over 20 percent, Program. These assessments will en- open mind. Our committee rec- Congress must step in once again and sure that any vulnerabilities or risks ommended his confirmation on the draw some boundaries. We cannot af- associated with a particular system are hope and expectation that he would do ford to let more potentially dangerous identified and resolved at the earliest so. detainees go free. We need a clear, con- possible stage. The committee has been following sistent framework for these habeas A third good government provision the cyber threat issue for a long time. challenges with a standard of proof gives the DNI the authority to conduct Cyber attacks happen every day. Our that takes into account the wartime accountability reviews of intelligence government, businesses, citizens, and conditions under which many of these community elements and personnel in even social networking sites all have detainees were captured. It is unrea- relation to their significant failures or been hit. sonable to hold the government to the deficiencies. It also encourages IC ele- In an ever increasing cyber age, standards and evidentiary tests that ments to address internal failures or where our financial system conducts apply in ordinary habeas cases. There deficiencies, something they at times trades via the Internet, families pay is nothing ordinary about war and our have been reluctant to do. In the event bills online, and the government uses habeas laws must reflect that. these elements are reluctant or unable computers to implement war strate- Now that the President has abolished to do so, this provision gives the DNI gies, successful cyber attacks can be the CIA’s program and ordered the clo- the authority he needs to conduct his devastating. Unless our private sector sure of Gitmo, we need clear policies own reviews. and government start down a better for holding and questioning suspected Finally, my future budget projection path to protect our information net- terrorists, especially overseas. We provision requires the DNI to do what works, serious damage to our economy must abandon the automatic impulse every American family does on a reg- and our national security will follow. to Mirandize terrorists captured inside ular basis—map out a budget. The DNI, Senator HATCH and I introduced a the United States. Prosecution can be with the concurrence of the Office of legislative proposal that takes the first a very effective response to terrorism, Management and Budget, must provide step by creating a solid infrastructure but it must never take precedence over congressional Intelligence Committees that is responsible and accountable for getting potential lifesaving intel- with a future year intelligence plan coordinating our government’s cyber ligence. and a long-term budget projection for efforts. The bill is built on three prin- I have been working with several of each fiscal year. These important plan- ciples. First, we must be clear about my colleagues on legislation that ning tools will enable the DNI and the where Congress should, and, more im- would set clear lines for law of war de- congressional intelligence commu- portantly, should not legislate. Second, tention and habeas challenges. Our Na- nities to ‘‘look over the horizon’’ and there must be one person in charge— tion should not risk another Gitmo de- resolve significant budgetary issues be- someone outside the Executive Office tainee rejoining the fight. We cannot fore they become problematic. of the President who is unlikely to risk losing more and timely intel- As I leave the Senate and con- claim executive privilege, but who has ligence because we have no system for template what I have learned during real authority to coordinate our gov- detaining and interrogating terrorists. my service in Congress and on the In- ernment cyber security efforts. Third, These are critical national security telligence Committee, I have a number we need a voluntary public/private issues and Congress’s voice must be of recommendations for future mem- partnership to facilitate sharing cyber heard as soon as possible. bers and leaders of the committee. threat information, research, and tech- Last December, Umar Farouk One of the intelligence community’s nical support. Abdulmutallab attempted to blow up a greatest failures was its complete We believe that once this infrastruc- Northwest Airlines flight as it headed waste of billions of dollars spent to de- ture is established, the assembled gov- to Detroit. Shortly after the failed at- velop satellites that never took a sin- ernment and private sector experts will tack, al-Qaida in the Arabian peninsula gle picture. Senator FEINSTEIN and I be able to provide guidance on the next claimed responsibility. AQAP counts have strongly voiced our abiding con- steps—including any further legisla- among its senior leadership and mem- cern to all four DNIs that the Intel- tion—needed to enhance our our cyber bers former Gitmo detainees who have ligence Community is still spending far safety. returned to their old ways. As the too much money on imagery satellites In the aftermath of 9/11, we captured Christmas Day attack reminded us, ris- that are too big, too few, and too cost- hundreds of al-Qaida terrorists and as- ing recidivism rates for Gitmo detain- ly. We have put forth solid alternatives sociates. Many of these could be called ees are more than just a statistic and that would produce more satellites at low-level fighters—of the same type as claims that a 20-percent recidivism far less cost, be less fragile, and per- the 9/11 hijackers but no less dangerous rate ‘‘isn’t that bad’’—as one senior ad- form as well or better than the to our security. Others, such as 9/11 ministration official put it—must be unaffordable plan in the President’s mastermind Khalid Sheikh Mohammed challenged. budget. and senior al-Qaida operative Abu As part of its goal to close Gitmo, Just this month, an independent Zubaydah, were identified as high- the administration continues its ef- analysis by some of the country’s very value detainees and placed in the CIA’s forts to persuade other countries to ac- best astrophysicists confirmed that interrogation and detention program. cept detainees. Whatever one’s views such an alternative, based on a com- After details about the program were on closing Gitmo, we all have an inter- bination of commercial and classified leaked in the Washington Post, the est in making sure that no former technologies, was essentially as capa- President announced, in September Gitmo detainee kills or harms us or ble, but about half as expensive as the 2006, that these high-value detainees our allies. As these transfers continue, administration’s program. Sadly, our would be transferred to the detention the Intelligence Committee—and Con- ideas have met with ‘‘NIH’’ resist- facility at Guantanamo Bay. Since gress—must pay close attention to ance—‘‘not invented here.’’ 2002, Gitmo has housed terrorists these and earlier transfer decisions.

VerDate Mar 15 2010 01:14 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.019 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7937 As part of the committee’s oversight Other steps may lessen the problem. yond the end of combat operations in responsibilities, staff have been trav- Government agencies in possession of Iraq and Afghanistan. eling to those countries that accepted classified information should ensure The committee spent much of 2005 detainees under the current and pre- that information is properly classified and 2006 working on legislation related vious administrations. They have also in the first instance and that their em- to the expiring provisions of the USA been reviewing assessments prepared ployees are thoroughly trained in secu- PATRIOT Act. We held numerous hear- by the intelligence community and the rity procedures. Also, we should ex- ings and reported out a bill that con- Guantanamo Review Task Force and plore technological solutions for track- tained a number of provisions that other documents. A lot of work has ing classified documents and estab- were ultimately included in the USA been done, but there is more to do. lishing singular audit trails. PATRIOT Improvement and Reauthor- Thus far, our review has raised some On a related issue, we also need to ization Act. significant concerns. We all know that ensure that the security clearance Among other things, the act made transfers to Yemen are a bad idea, but process is repaired. An excellent inter- permanent 14 of the 16 USA PATRIOT other countries may not have either agency reform process has applied Act provisions that were set to expire the legal authority or capability to more resources and better processes to at the end of 2006. It extended the sun- keep track of these detainees effec- increase the efficiency of the system, sets of three FISA provisions—roving tively. Still others simply view these eliminate backlogs, and in many cases, wiretaps; business record court orders; former detainees as being free. If we do shorten the time required to process a and lone wolf—until the end of 2009. not know what these detainees are security clearance. Although signifi- Also, it created a new National Secu- doing, we end up relying on luck that cant progress has been achieved in re- rity Division within the Department of we will catch them before they act. cent years, there is still a lot of room Justice, supervised by a new assistant Having luck on your side is always a for improvement. We must continue to attorney general, with the goal of en- good thing, but it stinks as a use technology to wring more effi- suring that the information sharing counterrorism policy. I urge my col- ciency from the security clearance sys- walls that existed prior to 9/11 are leagues on both sides of the aisle to tem, and make it less of an obstacle to never reconstructed. pay close attention to this issue. Un- success for our intelligence and law en- Since the terrorist attacks of Sep- fortunately, it is one that I think will forcement agencies. tember 11, the size and budget of the continue to be around for a very long Just as importantly, we must mod- intelligence community has nearly time. ernize the security clearance system to doubled, and much of that growth has I hope these reflections, observa- make it a more useful measure of suit- been in the IC’s analytic community. tions, and recommendations will be of ability for serving in sensitive govern- Even as we hire more and more ana- use to the members of the next Con- ment positions. The interagency secu- lysts to focus on national intelligence gress. I have been deeply honored to priorities, most of them work on cur- serve on the Intelligence Committee rity clearance reform process is study- rent and tactical missions—answering with my distinguished and talented ing a new process, called ‘‘continuous questions and giving briefings on near- colleagues. I also salute the fine men evaluation,’’ which seeks to use auto- term issues—without ever producing a and women of the intelligence commu- mated records checks and other similar nity who have given so much for the processes to assess risk in populations deep understanding of longer term crit- safety of our country. I wish them all of cleared personnel on a regular basis, ical issues. Furthermore, the intelligence com- well in their future endeavors. rather than waiting five years to con- In addition, I wish to address an obvi- duct a reinvestigation, as we currently munity continues to operate as a loose ous problem—leaks. I have already do. confederation, with no universal stand- made reference to some of the more The devil will be in the details, but I ards for analytic training, tools, tech- disastrous leaks that occurred during believe a ‘‘continuous evaluation’’ sys- nology, and personnel policies. These my tenure, but unfortunately, these tem could be much more effective than issues, coupled with a lack of a fed- were just the tip of the iceberg. There our current practices in detecting secu- erated communitywide analytic work are simply too many to list. I shudder rity threats in our agencies before they plan, often result in redundant or con- to think about the sources and meth- become a problem. flicting analyses, and in some cases, a ods that have been disclosed, and the The use of biometrics—fingerprints, major gap in coverage or under- lives that will likely be lost, as a result DNA, facial recognition scans, and the standing of issues of significant con- of the obscene amount of classified in- like—has yielded dramatic dividends cern. It is time for the ODNI to bring formation compromised by Wikileaks. on the battlefields of Iraq and Afghani- analytic direction and standards to the Of course, to call this a leak case is stan, and is a vital tool for detecting IC so that the analytic community can gross mischaracterization; it is more terrorist threats before they arrive on become a true community of analysts. like a tidal wave. our shores. Biometrics help us separate I have often voiced my concern about We are blessed with our open society the good guys from the bad guys on the the abysmal state of the intelligence and our many freedoms. However, our battlefield, and can ensure that we community’s foreign language pro- ability to protect these freedoms and know that the foreign tourist, busi- grams and the slow pace of progress in preserve our national security depends nessman, or student who wants to visit correcting deficiencies. The collection upon our ability to keep our secrets the United States is not actually a of intelligence depends heavily upon safe. dangerous terrorist. language, whether information is gath- This problem needs a multifaceted We have made significant progress in ered in the field from a human source solution. We must first deter and neu- the collection and use of biometric or from a technical collection system. tralize the leakers. There should be sig- data in the last decade, but there are More than 9 years after 9/11, and nificant criminal, civil, and adminis- still too many policy and procedural more than a year after a major shift in trative sanctions that can be imposed obstacles to sharing biometric data be- focus in Afghanistan and Pakistan, the on leakers. Leakers should face signifi- tween U.S. Government agencies. cadre of intelligence professionals ca- cant jail time, pay heavy fines, forfeit Moreover, far too much of the funding pable of speaking, reading, or under- any profits, lose their pensions, and be for these important biometric efforts is standing critical regional languages fired from their jobs. We should also contained in supplemental funding re- such as Pashto, Dari, or Urdu remains not allow the first amendment to be quests. in critically short supply. In spite of used as a shield for criminal activity. We need to continue breaking down significant congressional interest and It should be a crime to knowingly so- the barriers to sharing biometric data. funding, progress has been dis- licit a person to reveal classified infor- We need a roadmap in the base intel- appointing. mation for an unauthorized purpose or ligence budget for the permanent Persistent critical shortages in some to knowingly publish or possess such sustainment of our biometric efforts in languages could contribute to the loss information. Leaks will not stop until the decades to come. Biometrics must of intelligence information and affect a significant number of leakers have remain an important tool for dealing the ability of the intelligence commu- been appropriately punished. with national security threats well be- nity to exploit what it does collect. I

VerDate Mar 15 2010 01:14 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.020 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7938 CONGRESSIONAL RECORD — SENATE November 17, 2010 encourage IC leaders to make foreign lahan: ‘‘As far as I’m concerned, he was treatments and all the painful sur- language learning and maintenance a the face of courage.’’ geries, Dan Callahan never complained. priority mission and a ‘‘must fund’’ for The Missouri Valley Conference rec- He was never bitter and he never felt resource allocation. ognized that fact a year ago when it sorry for himself. But he worried about I yield the floor and suggest the ab- awarded Dan Callahan its ‘‘Most Cou- other people and other families who sence of a quorum. rageous Award,’’ an award that honors needed expensive drugs and couldn’t af- The PRESIDING OFFICER. The those who have demonstrated unusual ford them. Dan thought it was unfair clerk will call the roll. courage in the face of personal illness, that patients could be denied treat- The legislative clerk proceeded to adversity, or tragedy. In announcing ment that could extend and maybe call the roll. Dan’s selection, the Missouri Valley even save their lives simply because of Mr. DURBIN. Mr. President, I ask Conference Commissioner Doug Elgin the drug’s high price. We talked about unanimous consent that the order for said: that last year while the Senate was de- the quorum call be rescinded. Dan Callahan personifies professionalism bating America’s broken health care The PRESIDING OFFICER. Without in the face of personal adversity, and he’s system. I thought about Dan Callahan objection, it is so ordered. been an inspiration to his baseball student- when I voted for the Affordable Health Mr. DURBIN. Mr. President, I ask athletes, and really all those who know him. Care Act. unanimous consent to speak as in We feel honored to be able to recognize him. In his prime, Dan Callahan stood 6 morning business. Dan had a great sense of humor. He feet 4 and weighed 225 pounds. The can- The PRESIDING OFFICER. Without used to joke that he led the league in cer took its toll. The last couple of objection, it is so ordered. one category: surgeries. In fact, he months were rough. He spent most of COACH DAN CALLAHAN leaves a rich record of athletic achieve- them at Barnes Hospital in St. Louis. Mr. DURBIN. Mr. President, I wish to ment. In 22 seasons as an NCAA Divi- A little more than a week ago, he told say a few words about an extraordinary sion I head coach, Dan Callahan com- his doctors he needed to take a break man, a friend of mine, who died this piled an impressive record of 595 wins so he could attend a Thanksgiving get- week in Carterville, IL. Dan Callahan and 695 losses, and 442 of those nearly together with his team. He went home was the head baseball coach at South- 600 victories were at Southern Illinois, for hospice care and died 3 days later ern Illinois University at Carbondale making him the second winningest surrounded by the people he loved. for the last 16 years. He died Monday at coach in SIU’s history. I offer my deepest condolences to the age of 52. Dan Callahan was one of just five Stacy, Dan’s wife of 21 years, and their Dan Callahan was not only a good coaches in Missouri Valley Conference daughters Alexa and Carly, and his par- coach, he was a great man. His conduct history to win over 200 league games. ents Ann and Gene. Gene and Ann are on and off the field inspired just about In his time at Carbondale, he produced my closest friends and I have known everybody who ever met him. 23 Major League draft picks and 19 Dan since he was 9 years old. I also Dan died of neurotropic melanoma, a First-Team All-MVC selections. wish to say to Sherry and Lynn, his very rare and very serious form of skin Baseball was Dan’s lifelong love and sisters, he couldn’t have come from a cancer. His struggle with cancer began passion. As an athlete, he pitched two better family. My thoughts are also almost 5 years ago when he detected a seasons at the University of New Orle- with the student-athletes whom Dan little black spot on his lower lip. The ans, two at Quincy College, from which coached and inspired over the years. spot was successfully removed, but the he graduated. After college, he pitched Dan’s passing is a deep loss for so many cancer remained and grew. professionally in both the San Diego people. After receiving his diagnosis, Dan Padres and Seattle Mariners’ organiza- On Monday, Dan is going to have a Callahan silently endured the rigors of tions. send-off. It is going to be at the base- his treatment while continuing to His first coaching job was in my ball diamond. Dan’s family and his SIU coach his baseball team. In the 2007, hometown at Springfield High School, family are hosting a celebration of his 2008 seasons there were times he prob- his alma mater. He also coached at life at the SIU baseball diamond where ably should have stayed home because Eastern University for 5 years before he spent so many years. There will be he was too weak to do much but sit in heading down to Carbondale. a party afterwards with hot wings and the dugout, but he came to work and Last October, Dan began chemo- beer. The invitation says, ‘‘Please dress he came to that ball yard every day. He therapy. His doctors prescribed a three- casually. No suits. No ties.’’ That is ex- didn’t miss a single game. drug cocktail that includes Avastin, actly what Dan would have wanted. Jim Ruppert, the sports editor for The next season Dan endured more one of a new generation of anticancer my hometown newspaper, the State intense treatment, including a surgery drugs that works by preventing the Journal Register in Springfield, was that removed part of his right jaw. It growth of new blood vessels that sup- also Dan Callahan’s brother-in-law. In was only then that he went public with port tumors. Avastin can buy time and his column the day after Dan died he his illness. Eventually, the cancer cost a better quality of life for the people said: Dan not only his job but the sight in with advanced cancer, but it is very ex- his right eye and the hearing in his pensive. In Dan’s case, it cost $13,686 a When the official scorer in the sky makes his final ruling, he will say Dan Callahan right ear. But it didn’t stop the coach. treatment—about $100,000 a year. lost his nearly 5-year battle with cancer The losses damaged his depth percep- Unfortunately, Dan’s health insur- Monday afternoon at his home in Carterville. tion and hearing. But if Dan Callahan, ance company, the largest health in- But the 52-year-old Callahan was a baseball once a pitcher in his own right, wasn’t surer in America, a company that had guy who went down swinging, battling the able to throw a fastball with quite the paid for surgery to remove the initial dreaded disease to the bottom of the ninth same speed and control, he taught his spot from his lip and the second sur- inning. players an even more important lesson: gery to remove part of his jaw, refused Dan Callahan coached the sport he how to push through adversity. to pay for the Avastin. The chemo drug loved, and it is a unique sport. It is one The chemo and surgery forced him to was FDA-approved and something of a of the few team sports that has no miss all of his team’s road trip games wonder drug in treating advanced timeclock. Baseball is only over when during the 2009 season, and that both- colon, lung, breast, and other cancers. it is over, and that is the way life is ered him even more than the cancer. But the insurance company said its use too. At the end of his life, Dan Cal- He believed a coach should be with his to treat cancers like Dan’s was experi- lahan still sits in that dugout and with players. Somehow, this past season— mental so they wouldn’t cover it. a watchful coach’s eye, he scans the his last season—Dan was able to be on With the support of family and field and sees hundreds of young men the bench for nearly every game. He friends, Dan and his wife Stacy found whose lives he touched, players and considered that a great victory, and it $27,000 to pay for the first two treat- families who will never forget him. He was. ments. Washington University in St. taught them more than baseball. He The president of Southern Illinois Louis provided another $50,000; that taught them about life and courage, University, Glen Poshard, a former bought him four more treatments. about themselves and their relation- Congressman, said about Danny Cal- Through all the chemo and radiation ships with others.

VerDate Mar 15 2010 01:14 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.021 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7939 I have known Dan all his life. I con- career spanning more than 3,000 games. This system took into account the sider it a blessing to have counted him Both in and out of a Cardinal uniform, fact that many if not most of the docu- as a friend. Lou Gehrig, when he Stan exemplifies the values of sports- ments from this era were destroyed by learned of his illness, said he was still manship, discipline, hard work, grace, the U.S. Department of Agriculture, the luckiest man on the face of the consistency, excellence, and humility. making it extremely difficult for vic- Earth. Dan Callahan felt the same way He is truly deserving of this Medal of tims to prove their claims, while also about himself and for the same rea- Freedom. giving claimants the opportunity to sons. Whether he was the luckiest man Let me say a word about my col- seek more than $50,000 if their case was on Earth, I don’t know, but I do know league CLAIRE MCCASKILL. No one has especially egregious and their losses that all of us who had the good fortune worked harder to impress upon the were severe. There was not a cap on the to know Dan Callahan were lucky. We White House how important this Presi- amount of money awarded. There was were inspired by his courage and his dential Medal of Freedom is, not only not a cap on the number of claimants dignity and we will miss him. to Stan Musial but Cardinal fans alike who could recover damages, which al- CONGRATULATING STAN ‘‘THE MAN’’ MUSIAL and those of us who think he is one of lowed the merits of each individual’s This is another baseball-themed the greatest Americans. I salute claims to be the sole basis for deter- speech which I didn’t expect to give on CLAIRE MCCASKILL’s dogged determina- mining what they received. That proc- the floor of the Senate, but today is a tion to convince the White House the ess appears to be right in line with the happy day for me. President is well served by awarding stated goal of determining the appro- I grew up in East Saint Louis, IL. I this man an honor for his life on the priate course of action for each claim learned about God and church, but the baseball diamond and off the diamond, based on the merits of the case and only god I was sure of played for the and serving this country in so many only on the merits. I certainly com- St. Louis Cardinals and his name was ways. mend that approach. Stan Musial. The first baseball glove I Mr. President, I yield the floor. However, when it comes to Hispanic ever owned was a Rawlings leather The PRESIDING OFFICER. The Sen- and women farmers, the Justice De- glove that had Stan Musial’s name ator from New Jersey. partment has used legal maneuvers to Mr. MENENDEZ. Mr. President, I ask written on the edge of it. I used to do prevent Hispanic and women farmers unanimous consent to speak as in what kids my age did. We would wrap from achieving class status. Legal ma- morning business. rubberbands around the glove with the neuvers should not be what the Depart- baseball in it to get that pocket just The PRESIDING OFFICER. Without objection, it is so ordered. ment of Justice is all about; justice is right and then we would pull that ball what the Department should be all out and we would rub it with PARITY FOR HISPANIC FARMERS Mr. MENENDEZ. Mr. President, I about. Glovolium, some kind of oil concoction Unfortunately, I do not believe the rise to speak of what I have addressed that we thought made it supple and proposal which has been presented to in the past about injustice. It is about made it easier to catch the ball. I the Hispanic and female victims meets the reality that it is no secret that dec- rubbed that oil on my glove so hard so that standard of justice, nor does it ades of discrimination in lending prac- many times I was the only one who employ the fair method utilized in the would still read his name on that tices at the United States Department of Agriculture have made it difficult, if Pigford I settlement or the equity that glove. I kept it forever until my wife is needed. Instead, it puts a cap on the said, What are you doing with this old not impossible, for minority farmers— specifically Hispanic and women farm- damages each victim could receive and thing, and I said it was my prized pos- on the total amount that can be award- session when I was about 10 years old, ers—to make a living at what they love ed to all victims. This is not in parity and it still is. to do, leaving many no choice but to with the Pigford I settlement and could The good news is that my feelings for lose their farms and ranches they have Stan Musial are shared by the Presi- tended all their lives, in many cases potentially leave thousands of Hispanic dent of the United States. He may be a from generation to generation. That is and female victims with only a mod- Chicago White Sox fan, but he knows a why I rise today in support of parity icum of relief and far less justice than great champion when he sees one. That for Hispanic and women farmers. I rise their counterparts. Specifically, while Pigford I awarded is why the announcement today that so that all the victims of discrimina- a minimum of $50,000 to victims, the Stan ‘‘The Man’’ Musial is going to re- tion in this case are treated equally, proposals to Hispanics and females will ceive the Presidential Medal of Free- fairly, and are adequately compensated only award victims up to that amount. dom makes me feel so good. for the damages they suffered regard- The one thing about Stan that I less of their race or gender. What this means is that Hispanic and found so interesting is here was one of The Department of Justice’s proposal female victims, even if they suffered the most public figures in baseball of to Hispanic and female victims is cer- millions of dollars in damages, lost his time and I never heard a negative tainly a first step toward closing the their farms, lost their families’ herit- word about him, not about his profes- entire book on the U.S. Department of age in the process, lost their liveli- sional life or his public life. He served Agriculture’s discrimination. But, hoods, will not receive more than this country not only as a hero on the frankly, there appears to be some con- $50,000 and will not be made whole. baseball diamond, but he left his team tradiction between the proposal given Farmers who were denied a loan and, to serve in the military. He went back to these two groups and the declared as a result, in the words of then-Sec- as the Presiding Officer did—to enter- objectives of providing parity among retary of Agriculture Glickman, ‘‘lost tain the troops and serve as well. He the different groups who suffered dis- their family land, not because of a bad cared about this country. He was a crimination. crop, not because of a flood, but be- champion on and off the baseball field. Here is the situation. African-Amer- cause of the color of their skin,’’ will After playing 22 seasons in Major ican victims of discrimination are on a never be able to rebuild their lives and League Baseball for the St. Louis Car- path to receive approximately $2.25 bil- recover the land with a fraction of dinals from 1941 to 1963, Musial was lion to resolve their claims. Victims $50,000. elected to the Baseball Hall of Fame in who filed on time were afforded the op- If that is not enough, the Department 1969. Over that time, he compiled a life- portunity to choose from two different of Justice-imposed cap on the total time batting average of .331—how tracks. First, they could present sub- amount of money that can be awarded about that—with 3,630 hits, 475 home stantial evidence of discrimination to Hispanic and women victims could runs, and 1,951 RBIs, appearing in 23 which, if valid, entitled the victim to a arbitrarily reduce each claimant’s World Series games and 24 All-Star monetary settlement of $50,000 plus re- award far below the $50,000 individual games. He is one of only three players lief in the form of loan forgiveness and cap. You may ask why. Here is the rea- to have run over 6,000 bases in his ca- offsets of tax liability or they could son: because there are likely to be far reer, right behind Hank Aaron and prove their claims using evidence more claims filed by Hispanic and Willie Mays. which was reviewed by a third-party women farmers than were filed by Afri- A sign of his great sportsmanship, arbitrator who decided how much dam- can-American farmers. Yet the amount Stan was never once ejected during his ages to award, if any. allocated for Hispanic and female

VerDate Mar 15 2010 01:14 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.065 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7940 CONGRESSIONAL RECORD — SENATE November 17, 2010 claims is almost $1 billion less than It is, in fact, admitted. There is not There is mounting scientific evidence provided to African-American claim- a dispute about whether discrimination that shows that BPA is linked to harm- ants. This is despite the fact that, ac- took place. It is, in fact, admitted. The ful health effects. Over 200 scientific cording to the Department of Agri- indisputable fact remains that farmers studies show that even at low doses, culture census, in the years in ques- and ranchers—particularly women, Af- BPA is linked to serious health prob- tion—from 1982 to 1997—Hispanic- and rican Americans, Hispanics—were de- lems, including cancer, diabetes, heart female-operated farms far out- nied access to U.S. Department of Agri- disease, early puberty, behavioral prob- numbered African-American-operated culture loans, to farm benefits and lems, and obesity. I know there is not farms by almost 7 to 1. credit services due to their race, their yet consensus on the science and there If the Department of Justice esti- ethnicity, their gender. They were not is still research to be done. But I also mates are correct and approximately given proper opportunity for recourse. know this chemical is so widespread— 80,000 valid claims will be made by Af- In the process of being denied those op- it has been found in 93 percent of rican Americans through Pigford I and portunities, they lost, in many cases, Americans. I know BPA is thought to Pigford II, it is safe to assume that at their land or sold parts of their land to alter the way the body chemistry least this many and likely many more keep a little piece of it. The only thing works. Babies and children are particu- Hispanic and female farmers who were that could be worse than the original larly at risk because when they are de- discriminated against will file valid discrimination, ironically, is if it were veloping, any small change can cause claims. Even using the very conserv- to treat the victims of that discrimina- dramatic consequences. ative estimate of 80,000 valid claims for tion differently based on their race, To put it simply, the fact that so Hispanics and females, a $1.3 billion ethnicity, or gender. many adverse health effects are linked overall cap will provide each claimant Justice for one cannot masquerade as to this chemical, the fact that this with about $16,625. This amount will justice for all. I applaud the USDA for chemical is so present in our bodies, shrink even further if there are more taking a big step toward universal jus- and the fact that babies are more at than the 80,000 claimants and tax for- tice in this case by recognizing the risk from its harmful effects leads me need to put aside technical questions giveness funds are counted against the to believe there is no good reason to about class certification and address $1.3 billion cap. expose our children to this chemical. Think about this. Under this method, the underlying valid claims of dis- My great concern for its continued the amount each victim will receive crimination. use, particularly in children’s products, I understand that this administra- will depend on how many other victims is the reason Senator SCHUMER, my co- tion inherited this problem, like so there were, not on the merits of each sponsor, and I, who introduced a bill a many others, and is now in the position individual case. Not only is that not year and a half ago—why he and I have of cleaning up the mess left by its pred- fair, but it is perverse because each vic- been willing to compromise, to be flexi- ecessors. I applaud them for seeking to tim will actually be punished the more ble, and to try to work out an agree- the U.S. Department of Agriculture right an injustice. But I do not think, nor can I accept that you can dispense ment to move this forward. For 7 discriminated since the more valid months, we have been negotiating with claims there are, the less each victim justice when you know that the facts Senator ENZI, the distinguished rank- will receive. A structure has been set are such that, in fact, there is no dis- pute as to the discrimination, that you ing member handling this bill on the up that, instead of pursuing justice and floor, hoping for a compromise that equity, actually works to the det- can dispense justice piecemeal, or that you can treat victims similarly situ- would enable this amendment on BPA riment of those who have already been to be placed in the food safety bill. It discriminated against because the ated, almost identically situated and looks as if there will not be amend- more that have been discriminated harmed, with justice for some and not ments; therefore, I have no opportunity against and prove their case, the less for all. We need to make this right. We need to make the victims whole. We to offer an amendment. each one will receive because of this But last evening at about 6:15, Sen- cap. need to do it fairly, justly, and soon. ator ENZI and I reached an agreement Finally, the process proposed for ad- I yield the floor. which would ban the use of BPA in ministering Hispanic and female The PRESIDING OFFICER. The Sen- baby bottles and sippy cups within 6 claims seems arbitrary and needlessly ator from California. months of the enactment of this legis- complicated. In contrast to Pigford THE SAN FRANCISCO GIANTS lation. It would require that the FDA, claimants, Hispanic- and women-owned Mrs. FEINSTEIN. Mr. President, I farms would not have the benefit of a rise to speak on the bill before us. But the U.S. Food and Drug Administra- court-approved notice or any of the before I do, one thing I was remiss in tion, to issue a revised safety assess- procedural protections associated with not doing, listening to Senator DURBIN ment on BPA by December 1, 2012—this a class action process. speak about Stan Musial, is pointing is important because it would make The underlying facts of the claims out what has happened in San Fran- certain the date that the FDA has to made by African Americans, Hispanics, cisco, and that is that the San Fran- assess the safety of BPA. And third, it females, and Native Americans are cisco Giants have won the World Series would include a savings clause to allow nearly identical. with a team that was just amazing. To States to enact their own legislation. I commend the President and his ad- see a team, I think, that were essen- I wish to thank the ranking member ministration for making some effort tially outcasts—and some would say for his agreement. It meant a great toward delivering justice to women and misfits—come together, play with deal to me. I thought, aha, we are real- Hispanic farmers. That is why I urge teamwork, develop a world-class pitch- ly close to making a beginning step on the administration to guarantee that ing staff, a defense where double and this problem. Unfortunately, today it the relief to be provided to women and triple plays would happen, is really became clear that the American Chem- Hispanic farmers be just and consistent quite amazing. I had the pleasure of istry Council has blocked and ob- with that provided to African-Amer- going to the playoff games during the structed this agreement from being ican victims who filed on time. In the recess, as well as the World Series added to the food safety bill. Therefore, words of Timothy Pigford, the lead games, and it was a very special treat. language cannot be in the bill. I regret plaintiff in the Pigford case, Hispanics I wish to offer my commendation to that the chemical lobby puts a higher and females ‘‘suffered the same dis- that great team. It was quite wonder- priority on selling chemicals than it crimination by the U.S. Department of ful. does on the health of infants. I am Agriculture as African American farm- Now down to business. stunned by this. ers.’’ They suffered the same discrimi- Mr. President, it appears that I will This agreement was but a small step nation by the Department of Agri- be blocked from offering an amend- forward, a simple movement to ban culture as African-American farmers. ment on bisphenol A, to the food safety BPA in baby bottles and sippy cups, a Again quoting Mr. Pigford: bill. So I come to the floor to express simple move to protect children. . . . class certification is a procedural mat- my disappointment and my very seri- All it did was ban BPA in baby bot- ter that does not address the underlying dis- ous concern about the continued use of tles and sippy cups until the FDA’s crimination that is in fact admitted. this chemical in children’s products. safety assessment could be revised. The

VerDate Mar 15 2010 01:14 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.067 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7941 chemical lobby came in at the 11th just the three things I mentioned ear- mental Research published an article hour opposing this ban, which is some- lier. This is a food safety issue, and it comparing the results of government- thing my colleagues on the other side profoundly affects children’s health. funded studies on BPA to BPA studies of the aisle had agreed to. But some in the industry are fighting funded by industry. The difference is Now, because of this, my colleagues tooth and nail to make sure BPA re- stark. Ninety-two percent of the gov- on the other side of the aisle are pull- mains a staple in the American diet ernment-funded studies found that ex- ing their support. My goodness. This is and even for children. Because of this posure to BPA caused health problems. so simple. How can anybody put a pri- opposition, it appears I have no option Overwhelmingly, government studies ority on selling chemicals above the to move this amendment forward. found harm. health of infants? Major manufacturers Again, I tried for a year and a half, 7 None of the industry studies identi- and retailers are already phasing out months of negotiations. I can put a fied health problems as a result of BPA BPA from their food and beverage hold on the bill, stop it, and make a exposure—not one. That is 92 percent products for children. So why should fuss, as some others have done over of the government studies and not one this be stopped? other issues, or I can wait to fight an- of the industry studies. So I ask: How The products used to give food and other day by allowing this food safety can this be? Clearly, questions are drink to children all have safe alter- bill to go forward while continuing to raised about the validity of the chem- native BPA packaging available. At build the case against BPA. That latter ical industry’s studies. least 14 manufacturers have already is what I intend to do beginning now. The results also illustrate why our taken action against BPA. Here they This battle may be lost, but, rest as- Nation’s regulatory agencies should are: Avent, Born Free, Disney First sured, I do not intend to quit. I have a not and cannot rely solely on chemical Years, Evenflo, Gerber, Dr. Brown’s, deep abiding concern regarding the companies to conduct research into Green to Grow, Klean Kanteen, Medala, presence of toxins and chemicals with their own products. Consumers are Nuby Sippy Cups, Munchkin, Playtex, no testing in all kinds of products and worried about BPA. They are pushing Thinkbaby, Weil Baby. All these manu- all kinds of solutions that build up in in States for restrictions and bans. facturers are taking BPA voluntarily our bodies. There is no precautionary Over 75 organizations that represent al- out of their baby bottles and sippy standard in this country when it comes most 40 million Americans, support cups, but we cannot get it into a simple to chemicals. getting BPA out of food packaging for bill. You have to prove that a chemical is children. Retailers are taking actions not to harmful before that chemical can be Support comes from national groups sell these products with BPA in them: banned. But the evidence against BPA such as the BlueGreen Alliance, Con- CVS, Kmart, Kroger, Rite Aid, is mounting and especially its harmful sumers Union, Breast Cancer Fund, Na- Safeway, Sears, Toys ‘‘R’’ Us and Ba- effects on babies and children who are tional WIC, and United Steelworkers of bies ‘‘R’’ Us, Walmart, Wegmans, and still developing. America. State groups such as Alaska Whole Foods have already taken this Here is the argument. Here is what Community Action on Toxics, Cali- action. BPA is. It is synthetic estrogen. It is a fornia Environmental Rights Alliance, I ask unanimous consent that the list hormone disruptor. It interferes with Environment Illinois, the Tennessee be printed following my remarks. how the hormones work in the body, Environmental Council, and the Massa- The PRESIDING OFFICER. Without and this chemical is used in thousands chusetts Breast Cancer Coalition back objection, it is so ordered. of consumer products. It is used to this amendment. (See exhibit 1.) harden plastics, line tin cans, and even The broad coalition of environmental Mrs. FEINSTEIN. At this point, make CDs. It is even used to coat air- and consumer advocates know BPA seven States have moved to enact laws line tickets and grocery store receipts. cannot be good for our babies. I wish to banning BPA from children’s products: It is one of the most pervasive chemi- underscore the importance and the ur- Connecticut, Maryland, Minnesota, cals in modern life. gency of withdrawing BPA from baby New York, Vermont, Washington, Wis- As with so many other chemicals in products. consin. The city of Chicago also has a consumer products, BPA has been Well-known and respected organiza- ban. These entities have already taken added to our products without knowing tions and Federal agencies have ex- action. California is just a few votes whether it is safe. Alternatives exist pressed concern about BPA. The Presi- short of taking this action and I hope because concern has been growing dent’s Cancer Panel Annual Report re- will come back this next legislative about the harmful impact. The chem- leased in April of this year concluded session and take it. ical industry has tried to quiet criti- that there is growing evidence of a link Bills are also pending in Illinois, cism by reassuring consumers that between BPA and several diseases such Maine, Massachusetts, Missouri, Penn- BPA is safe and that more research as cancer. The panel recommended sylvania, and Washington, DC, and nu- still needs to be done. using BPA-free containers to limit merous companies are marketing BPA- Well, that argument simply does not chemical exposure. free products. Other countries are mov- hold water. Over 200 studies show that A 2008 study by the American Med- ing forward. Canada declared BPA exposure to BPA, particularly during ical Association suggested links be- toxic and banned it from all baby bot- prenatal development and early in- tween exposure to BPA and diabetes, tles and sippy cups. Denmark and fancy, are linked to a wide range of ad- heart disease, and liver problems in hu- France also have national bans on BPA verse health effects in later life. Be- mans. The National Health and Nutri- in certain products. cause of their smaller size and stage of tion Examination Survey, NHANES, So here is the point. The problem has development, babies and children are linked BPA in high concentrations to been recognized, and steps are being particularly at risk from these harmful cardiovascular disease and type 2 dia- taken by countries, States, companies, impacts. betes. and retailers. Yet the chemical lobby What do these include? Increased risk In addition to the over 200 scientific in this country is keeping this amend- of breast and prostate cancer, genital studies showing exposure to BPA is ment out of the food safety bill. Why? abnormalities in males, infertility in linked to adverse health effects, there Only one reason. Because the chemical men, sexual dysfunction, early puberty are a number of studies that link BPA companies want to make money to the in girls, metabolic disorders such as in- and other environmental toxins to longest point they can by selling a sulin-resistant type 2 diabetes and obe- early onset puberty and other hor- chemical which is linked to all these sity and behavioral problems such as monal changes. This is serious. This harmful health effects. attention deficit hyperactivity dis- emphasizes how detrimental this chem- Their resistance to accept this very order, ADHD. ical can be during development. small proposal is astounding. We have Industry continues to insist that I would like to discuss three of these compromised in the negotiations with BPA is not harmful. But one study studies. The Endocrine Society, com- Senator ENZI. The bill Senator SCHU- shows us why we should be skeptical prised of over 14,000 members from MER and I introduced was much more about research funded by the chemical more than 100 countries, published a comprehensive. But we are down to industry. In 2006, the journal Environ- scientific statement in 2009, expressing

VerDate Mar 15 2010 01:14 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.068 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7942 CONGRESSIONAL RECORD — SENATE November 17, 2010 concern for the adverse health impacts science shows, babies and young chil- FOOD PACKAGING COMPANIES EXPLORING BPA- of endocrine-disrupting chemicals such dren are the most susceptible to the FREE ALTERNATIVES as BPA. The adverse health impacts in- harmful effects of this toxic chemical. In 1999, the health foods company Eden cluded infertility, thyroid problems, This amendment would have ensured Foods phased out the use of BPA in some of obesity, and cancer. A study published that all babies, in whatever State they their canned foods. The company has elimi- in Environmental Health Perspectives happen to be or wherever they buy nated BPA in cans for products such as beans, however they are still searching for studied 715 men, ages 20 to 74 years old, their baby bottles, are safe. We can’t alternatives for cans that hold tomatoes. and found that men who had high lev- even do this in a food safety bill. Gerber and Nestle´ Nutrition have publicly els of BPA in their bodies also had It would have ensured that parents stated they are committed to making all higher levels of testosterone. This no longer have to wonder whether the food and formula packaging BPA-free as study demonstrates that higher BPA products they buy for their babies will soon as possible. In 2009, Abbott Labs an- levels in the body are associated with nounced that it achieved ‘‘BPA free’’ status harm them now or later in life. I have ® altered hormone levels. on my Blackberry a picture of a new in all of its Similac brand powdered infant A study in the Journal of Pediatrics formula products and 91% of their total prod- grandchild born earlier today, a little uct line is BPA free. Nestle-Gerber an- in September 2010 demonstrated that boy by the name of Benjamin. So even nounced similarly in 2008 that there is no puberty in girls is occurring even ear- if one is a grandparent like me, this is BPA in cans used to package the Nestle´ lier, by ages 7 and 8. The researchers so relevant. If we can’t take care of our GOOD START® Supreme Milk and Soy based studied 1,239 girls in 2004 and 2008, so babies, what can we take care of in this powdered infant formulas, which account for there was followup, in Cincinnati, East country? more than 80 percent of the type of infant Harlem, and San Francisco. They found Despite the loss of this amendment, formula they sell. In 2010, General Mills Muir Glen brand an- that at age 8, 18 percent of Caucasian the American people can still vote with girls, 43 percent of African-American nounced that they would be introducing a their pocketbooks by refusing to buy BPA-free metal can for their organic toma- girls, and 31 percent of Hispanic girls products made with BPA. Ask the toes. had signs of puberty. That is at 8 years question in your grocery store. Go Hain Celestial and Heinz are researching old. where they are not sold. Buy the prod- and testing alternatives to BPA and plan to The researchers suspected that envi- ucts that do not use BPA. Public phase out BPA in some products. Heinz is al- ronmental chemicals such as BPA knowledge and awareness is important. ready using a substitute to BPA in some of could influence the onset of puberty. In 2008, as part of the Consumer Prod- its can linings. In June 2010, Heinz Australia said that they expect BPA-free cans for baby Early puberty can cause a host of prob- uct Safety Improvement Act, Congress lems later on in life, such as increased food to be available within 12 months with accepted my proposal to ban metal closures on glass jars to follow. rates of breast cancer, lower self-es- phthalates, and President Bush signed Trader Joes offers BPA-free cans for their teem, eating disorders, and certainly it. It banned phthalates, a plasticizing seafood (tuna, salmon, herring, sardines, depression. chemical, from children’s toys. Like etc.), chicken, turkey & beef, beans and corn. Given these conclusions, it is critical BPA, phthalates are linked to a variety Vital Choice transitioned to BPA-free con- we act to protect just the most vulner- of health problems in young children. I tainers for its canned seafood in 2009. able, our infants and toddlers, from Tupperware Brand’s reusable containers was proud to lead that fight and pro- are 90% non-polycarbonate plastic; con- this chemical. tect children from these chemicals. How are children benefitted by hav- tainers for children are all BPA-free. I truly believe the unrestricted use of CANADIAN RETAILERS PHASING OUT BPA ing a baby bottle or a cup that they sip chemicals in products, whether it be from that is coated with BPA? How is Home Depot Canada, Members of the Cana- makeup for women, lotions that go on dian Council of Grocery Distributors, Moun- that bottle any better? How is that cup bodies, coatings in cans, coverings of any better? Fact: It isn’t. Yet the tain Equipment Co-op, Rexall Pharmacies, plastic, softeners and hardeners, Sears Canada, Wal-Mart Canada. American Chemistry Council puts their chemicals that leach into food, are a need to sell these chemicals above all Mrs. FEINSTEIN. I suggest the ab- problem. When we do a food safety bill, sence of a quorum. of the existing studies, above all the we ought to consider this. Well, not science that is emerging, and would The PRESIDING OFFICER. The even this baby step to protect babies is clerk will call the roll. not even say: Just in case this is true, going to be taken. yes; we agree with you. We should pro- The assistant bill clerk proceeded to I very much regret it, but the battle tect our young and our youngest. They call the roll. is joined. Once I start, I do not stop. would not do even that. Mr. CARDIN. Mr. President, I ask We will fight another day. Our original bill was much broader. unanimous consent that the order for BPA is not just in plastic bottles, it is I thank the Chair and yield the floor. the quorum call be rescinded. also used in the epoxy resin that lines EXHIBIT 1 The PRESIDING OFFICER. Without tin cans. I no longer buy tin cans be- LEADING RETAILERS & MANUFACTURERS objection, it is so ordered. cause of it. My family, I have asked PHASING OUT BISPHENOL A (BPA) Mr. CARDIN. Mr. President, I ask them not to buy things in tin cans. Buy In response to growing scientific and pub- unanimous consent I be permitted to them in glass. Then we don’t have to lic concern, over the past few years, leading speak as in morning business. worry about the BPA that is in the lin- U.S. retailers, baby bottle and water bottle The PRESIDING OFFICER. Without ing of the can. manufacturers pledged to phase out objection, it is so ordered. bisphenol A (BPA) in favor of safer cost-ef- This amendment doesn’t ban BPA in SICKLE CELL DISEASE fective alternatives. These include the fol- the lining of cans. It doesn’t ban BPA lowing companies. Mr. CARDIN. Mr. President, I rise to in all containers. It just bans BPA in talk about a very important health U.S. RETAILERS PHASING OUT BISPHENOL A issue—sickle cell disease—that high- baby bottles and sippy cups, just for in- BABY BOTTLES fants, just for toddlers. The chemical lights the tremendous progress the sci- CVS, Kmart, Kroger, Rite Aid, Safeway, entific community has made over the industry says no. And I guess the other Sears, Toys ‘‘R’’ Us and Babies ‘‘R’’ Us, Wal- side of the aisle bows. Mart, Wegmans Foods, Whole Foods. years. This is a timely opportunity to I am amazed. BPA has been linked to bring up sickle cell disease because BABY BOTTLE & SIPPY CUP MANUFACTURERS developmental disorders, cancer, car- PHASING OUT OR BPA FREE this month marks the 100th anniver- diovascular complications, and diabe- sary of its discovery. Avent—offering some BPA-free alter- tes by credible scientific bodies. The natives, Born Free, Disney First Years, Dr. On November 16 and 17, the National evidence that BPA is unacceptably Brown’s, Evenflo—offering some BPA-free al- Institutes of Health will host a re- dangerous is mounting. Yet it remains ternatives, Gerber, Green to Grow, Klean search symposium on sickle cell dis- in thousands of household and food Kanteen, Medela, Munchkin, Nuby Sippy ease to commemorate the accomplish- products. In an effort to reach a bipar- cups, Playtex, Think Baby, Weil Baby. ments of scientists and clinicians over tisan compromise, which we did do last WATER BOTTLE COMPANIES PHASING OUT BPA the past century. The symposium, night, the amendment I wanted only ALADDIN/Pacific Market International, named after the scientist who discov- restricted the use of BPA in baby bot- CamelBak,Klean Kanteen, Nalgene, Polar ered the gene, Dr. James B. Herrick, tles and sippy cups because, as the Bottle, Sigg. will bring to Maryland more than 30

VerDate Mar 15 2010 03:04 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.068 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7943 experts from around the world to dis- ‘‘peculiar elongated and sickle-shaped’’ significant problem. The annual cost of cuss sickle cell disease research and red blood corpuscles represent the first medical care for the nearly 80,000 indi- treatment. description of sickle cell disease in viduals with sickle cell disease in the Sickle cell disease is an inherited Western medical literature. United States exceeds $1.1 billion. The blood disorder in which red blood cells Since the discovery of the mutation average cost of care per month per pa- contain an abnormal type of hemo- responsible for sickle cell disease in tient is nearly $2,000. Studies show that globin and frequently take on a sickle, the 1950s, there has been a rapid expan- for an average patient with sickle cell or crescent, shape. These defective sion of technological and policy ad- disease reaching age 45, the total blood cells can block small blood ves- vances. health care costs are estimated to sels, which can in turn lead to tissue In 1975, the first statewide newborn reach $950,000. What is worrisome is damage or stroke. A common com- screening was established in New York. that additional costs associated with plication of this condition is severe In 1986, penicillin was found to be ef- reduced quality of life, uncompensated pain in the limbs, chest, abdomen, and fective as a preventive strategy against care, lost productivity, and premature back. Other complications are anemia, pneumococcal infection, a particularly mortality push the costs well beyond $1 jaundice, severe infection, and spleen, dangerous infection for people with million per patient. liver, and kidney damage. sickle cell disease. The enormous human and financial The life expectancy for sickle cell pa- In 1995, the first effective drug treat- cost of this disease underscores the im- tients is shortened, with studies re- ment for adults with severe sickle cell portance of finding a safe cure for sick- porting an average life expectancy of 42 anemia was reported in a multicenter le cell disease. A worrying finding in National Heart, Lung, and Blood Insti- years for males and 48 years for fe- research is that conscious or uncon- tute study, including a team led by males. Sickle cell disease occurs most scious racial bias adversely affects the physicians from Johns Hopkins. The commonly in people of African descent, availability of resources for research, anticancer drug hydroxyurea was found though individuals of Middle Eastern, delivery of care, and improvement of to reduce the frequency of painful cri- Mediterranean, Central and South that care. I am particularly concerned ses, and patients taking the drug need- American, and Asian Indian heritage because there is a significant gap in can inherit the disease as well. About 1 ed fewer blood transfusions. In 1996, bone marrow transplantation funding for more publicized but less in 12 African Americans carries the was discovered to improve the course prevalent diseases as compared to sick- gene for sickle cell disease, and 1 in 400 of sickle cell disease for select pa- le cell disease. Americans has the full-blown disease. tients. A year later, blood transfusions This gap in funding was first ad- It is estimated that over 80,000 Ameri- were found to help prevent stroke in dressed in 1970 by Dr. Robert Scott cans have sickle cell disease, with patients. when he published landmark articles in about 2,000 babies born with the disease At the turn of the millennium, the the New England Journal of Medicine each year. introduction of pneumococcal vaccine and the Journal of the American Med- Sickle cell disease can result in tre- revolutionized the prevention of lethal ical Association. Dr. Scott’s articles mendous personal difficulties. Natasha infections in children and adults with spurred congressional hearings that led Thomas is a 36-year-old African-Amer- sickle cell disease. to the passage of the first major legis- ican woman from Baltimore, MD. She And in 2001, the first mouse model lation concerning sickle cell disease considers herself fortunate to have ac- was developed demonstrating the use- treatment, the National Sickle Cell cess to quality care. Despite some set- fulness of genetic therapy for sickle Disease Control Act of 1972. backs, she was able to complete middle cell disease. Since passage of that act, the number school, high school, and college, and More recently, in 2007, scientists of research grants for sickle cell dis- she has been working consistently for from the University of Alabama Bir- ease has risen by a factor of 10. Despite 15 years. She has had employers who mingham and the Massachusetts Insti- increased research dollars for sickle have allowed her to take leave when tute of Technology developed an ani- cell disease and major advances in she has had sickle cell pain crises. mal model for curing sickle cell dis- treatment, important gaps still exist in Natasha admits that most of the people ease. These scientists used skin stem the equity of Federal funding alloca- she knows with sickle cell disease are cells to reprogram the bone marrow of tion and in the provision of highly not as fortunate as she is. mice to produce normal, healthy blood qualified clinical care. The disparity in Even though she has access to spe- cells. funding sickle cell disease in the pri- cialized care, Natasha is hospitalized at I am proud to say that other sci- vate sector is even more pronounced least once a year with paralyzing pain entists from Maryland have played an than it is in the Federal Government. from the occlusion of her blood vessels important role in advancing sickle cell But solely funding additional re- with sickle cells. In the hospital, she disease research. Dr. Morton Goldberg, search is not enough. We need to be has to undergo IV therapy with fluids former head of the Wilmer Eye Insti- sure that the tools we develop for im- and narcotic pain medicine. Natasha is tute in Baltimore, is considered the proving patients’ lives are available to grateful for the Maryland medical as- world’s foremost expert in the diag- everyone who needs them. Unfortu- sistance program, which has provided nosis and treatment of eye disease due nately, that is not currently the case. her with the necessary resources to get to sickle cell disease. Drs. Jim Casella For example, there is a sixteenfold through difficult financial times when and Robert Brodsky, both from Johns mortality rate difference between her condition flares up. She admits Hopkins, have made great strides to- States with the highest and lowest that if she did not have coverage for ward preventing strokes in young chil- death rates due to sickle cell disease. specialized care, she would have likely dren and searching for cures through In other words, depending on where had many more pain flares and may stem cell transplants, respectively. you live, you may be 16 times more have had to receive blood transfusions. Improvements in sickle cell disease likely to die from sickle cell disease in Sickle cell disease is not a new phe- treatments have led to an increase in one State than another. I am proud to nomenon. People have been living with life expectancy from 14 years in 1973 to say that interventions such as manda- the disease for literally thousands of the mid to late 40s now. Innovation tory newborn screening developed by years. But in the last century, there continues. As of October 2010, there Dr. Susan Panny at the Maryland De- have been remarkable advancements in were 240 ongoing or recently completed partment of Health and Mental Hy- diagnosis and treatment of sickle cell NIH-funded trials exploring better di- giene have helped Maryland attain the disease. agnosis or treatment of the disease. lowest child mortality rate due to sick- In 1910, Dr. James B. Herrick, an at- Under the leadership of its Director, le cell disease in the Nation, with 1/10 tending physician at Presbyterian Hos- Dr. Francis Collins, the NIH is poised the number of deaths compared to the pital and professor of medicine at Rush to continue to push the envelope of sci- national average. Medical College in Chicago, published entific innovations toward finding a Earlier, I mentioned Natasha Thom- an article on the case of an anemic cure for sickle cell disease. as. She is fortunate to have access to West Indian patient. Herrick’s clinical Despite all of these technological ad- specialized treatment centers and rare- and laboratory findings of the patient’s vances, sickle cell disease remains a ly gets hospitalized for pain crises.

VerDate Mar 15 2010 03:04 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.071 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7944 CONGRESSIONAL RECORD — SENATE November 17, 2010 She’s been able to maintain a job and Whites. Education also affects life ex- it has become all too clear that our says that she has a pretty good quality pectancy. Individuals with college edu- laws have not kept pace with the amaz- of life. She is a testament to the bene- cation can expect to live on average 6 ing technological developments we fits of having access to necessary treat- years longer than people who have have seen, many information tech- ments in Baltimore. never graduated from high school. The nologies over the past 15 or 20 years. Natasha has a friend who is not so life expectancy of people over 400 per- Earlier this year, I had the privilege of lucky. He wished to remain anony- cent of the Federal poverty level is on chairing the Intelligence Committee’s mous. Natasha’s friend can’t keep a job average 7 years longer than those at or bipartisan cyber task force, along with because he is frequently absent from below the Federal poverty level. my distinguished colleagues, Senator work due to hospitalizations from pain These differences are stark, and we SNOWE and Senator MIKULSKI, who crises. need to have a strategy to deal with made vital contributions and were His condition is poorly controlled be- them. We need to know how we can great teammates in that effort. We cause he does not have access to spe- reach out to the minority communities spent 6 months conducting a thorough cialized care as does Natasha. Like so to deal with their special needs. In ad- review of the threat and the posture of many others with sickle cell disease, dition to codifying the Office of Minor- the United States for countering it. he is in catastrophic debt from medical ity Health, the recently enacted health Based on that review and my work on bills due to his condition. The dif- care reform bill supports a network of the Senate Judiciary Committee, I ference between Natasha and her friend minority health offices located within have identified six areas in which there does not have to be a matter of luck. HHS, and it elevated the National Cen- are overarching problems with the cur- High quality treatments for sickle cell ter on Minority Health and Health Dis- rent statutory framework for pro- disease exist. We just need to make parities at NIH from a center to an in- tecting our country. The first is a real- sure they are available to everyone stitute. The Offices of Minority Health ly basic one; that is, that current law that requires them. will be essential for addressing health does not adequately facilitate or en- Besides our moral obligation to en- disparities in America by monitoring courage public awareness about cyber sure that patients receive appropriate health status, health care trends, and threats. The government keeps the care, there is also an economic argu- quality of care among minority pa- damage we are sustaining from cyber ment. Research showing the high pro- tients and evaluating the success of attacks secret because it is classified. portion of sickle cell disease costs as- minority health programs and initia- The private sector keeps the damage sociated with inpatient hospitalization tives. they are sustaining from cyber attacks suggest that interventions that reduce Over the next year I plan to return to secret so as not to look bad to cus- complications such as pain crises could the Senate floor to highlight how we as tomers, to regulators, and to investors. be cost-saving. a nation and the Office of Minority The net result of that is that the Amer- We have made significant progress Health in particular can tackle health ican public gets left in the dark. toward broadening coverage for all disparities. Through a series of presen- We do not even have a good public Americans. But the U.S. Department of tations, I hope to raise awareness understanding of how extensive and so- Health and Human Services must en- about the major health disparity issues phisticated the cyber forces arrayed sure that the implementation of health in our country, and I hope to direct our against America are. Between the ef- policy as it pertains to sickle cell dis- attention to the proper implementa- forts of foreign governments and inter- ease is done with emphasis on high- tion of the Affordable Care Act so the national organized crime, we are a long quality, equitable care. We need to full potential of this legislation can be way from the problem of hackers in the make sure the standard of care is avail- realized. basement. It is a big operation that has able to all and that the guidelines per- I am proud of the progress we have been mounted against us, and I would meate throughout the specialty and made with the health care reform leg- like to be able to describe it more primary care centers caring for pa- islation. I am proud of the creation of fully, but it is both unhelpfully and un- tients with sickle cell disease. the Office of Minority Health, and on necessarily classified, and so I can’t We need to make sure that patients this 100th anniversary of the discovery even talk about that. like Natasha’s friend can get the care of sickle cell disease, I commend the they need. After all, of the nearly $112 scientific and medical communities for Americans are sadly uninformed billion spent annually on hospitaliza- their contributions to diagnosis and about the extent of the risk and the ex- tion for sickle cell disease, a signifi- treatment of this important condition. tent of the capacity that is being used cant portion can be reduced by low- Mr. President, I yield the floor and against us. If Americans understood ering the complications resulting from suggest the absence of a quorum. the threat and the vital role they hospitalization if excellent care is uni- The PRESIDING OFFICER. The themselves can play in protecting formly provided. clerk will call the roll. themselves and the country, I think we With the recent codification of the The bill clerk proceeded to call the would all be more likely to engage in Office of Minority Health at the De- roll. the cyber equivalent of routine mainte- partment of Health and Human Serv- Mr. WHITEHOUSE. Mr. President, I nance. People would understand and ices, we can ensure that our invest- ask unanimous consent that the order they would support legislative changes ment in producing new knowledge is for the quorum call be rescinded. which we need to protect our intellec- balanced by a similarly robust commit- The PRESIDING OFFICER (Mr. tual property and our national infra- ment to universal and equitable diffu- BEGICH). Without objection, it is so or- structure. sion of this knowledge. This way, all dered. One of the principal findings of our patients will reap the full benefit of Mr. WHITEHOUSE. Mr. President, I cyber task force was that most cyber our investment in research. In addition ask unanimous consent to speak as in threats—literally the vast majority of to sickle cell disease, the Office of Mi- morning business for perhaps 15 min- cyber threats—can be countered read- nority Health will help us address utes. ily if Americans simply allowed auto- many other issues pertaining to health The PRESIDING OFFICER. Without matic updates to their computer soft- disparities. objection, it is so ordered. ware, ran up-to-date antivirus pro- Health disparities in our health care CYBER SECURITY grams, and exercised reasonable vigi- delivery system are a huge issue. Mr. WHITEHOUSE. Mr. President, I lance when surfing the Web and open- Health disparities are differences in come to the floor to speak about the ing e-mails. So we need far more re- health among social, economic, and ra- legislation that will be required in porting from the government and the cial or ethnic lines. Many disparities order to bolster our Nation’s cyber de- private sector to let Americans know exist in our country. Let’s look at dis- fenses and to protect our Nation’s in- what is happening out there on the parity through the lens of life expect- tellectual property from piracy and wild Web. Disclosures can be ancy. from theft. anonymized, where necessary, to safe- The life expectancy for African In the course of my work on the In- guard national security or protect Americans is 5.3 years lower than telligence and Judiciary Committees, competitive business interests. But

VerDate Mar 15 2010 01:14 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.025 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7945 basic facts, putting Americans on no- tacks, however, will require action by before, but I would like to highlight it tice of the extent of the present danger our government. The notion that we as an option for improving cyber secu- and harm, need to be disclosed. can leave our Nation’s cyber defense rity, particularly of the critical infra- Second, we need, beyond just public entirely to the private sector is no structure of our country. information, to create a structure of longer valid. Recently, General Alexander, Direc- rights and responsibilities where the This brings us to a fourth question— tor of the NSA and commander of U.S. public, consumers, technology compa- the increasingly important issue of Cyber Command, has echoed this as a nies, software manufacturers, and cyber 911. When the CIO of a local bank possibility. His predecessor at NSA, Internet service providers are all able or electric utility is overwhelmed by a and a former Director of National In- to take appropriate roles for us to cyber attack, whom do they call and telligence, Admiral McConnell, is also maintain those basic levels of cyber se- under what terms does the government an advocate of such a domain for crit- curity. The notion that the Internet is respond? Right now, the answers to ical infrastructure. This doesn’t have an open highway with toll takers who those questions are dangerously vague. to be complicated or even mandatory. have no responsibility for what comes The Electronic Communications Pri- The most important value of a dot-se- down the highway, no responsibility no vacy Act—or ECPA—is a vitally impor- cure domain is that, like dot-gov and matter how menacing, no responsi- tant statute. In 1986, 25 years ago, dot-mil, now we can satisfy consent bility no matter how piratical, no re- Chairman PATRICK LEAHY worked hard under the fourth amendment search re- sponsibility no matter how dangerous to establish statutory privacy protec- quirements for the government’s de- can no longer be valid. We protect each tions in a domain where constitutional fenses to do their work within that do- other on our physical highways with privacy protections were weak. main, their work of screening for at- basic rules of the road and we need a It is an enduring legislative accom- tack signals, botnets, and viruses. Crit- similar code for the information high- plishment and we must preserve its ical infrastructure sites could bid for way. core principles. Since ECPA was en- permission to protect themselves with Australia’s ISPs have negotiated a acted, however, the threat has dra- the dot-secure domain label and be al- cyber security code of conduct, and matically changed. Imagine how tech- lowed in if they could show that lives ISPs in compliance with the code can nology has changed in 25 years. It is no and safety for Americans would be pro- display a trust mark. That is one idea longer true that private firms are capa- tected by allowing them entry. Obvi- worth exploring. But one way or the ble of defending their networks from ously, core elements of our electric other, there needs to be a code of con- sophisticated thieves and spies on their grid, of our financial, transportation, duct for safe travel on the information own. and communications infrastructure As we found in the Cyber Task Force, highway just as there is on our geo- would be obvious candidates. But we there is now a subset of threats that graphic highways. simply cannot leave that core infra- cannot be countered without bringing Third, we need to better empower our structure on which the life and death to bear the U.S. Government’s unique private sector to defend itself. When an of Americans depends without better industry comes together against cyber authorities and capabilities. There al- ways needs to be strong privacy protec- security. attackers to circle the wagons, to Fifth, we must significantly tions for Americans against the gov- share information, and to engage in a strengthen law enforcement against ernment. But we do let firemen into common defense against those cyber cyber crooks. There is simply no better our house when it is on fire and the po- attackers, we should help and not deterrent against cyber crime than a lice can come into our house when hinder that private sector effort. Legal prospect of a long stretch in prison. We there is a burglar. A similar principle barriers to broader information sharing need to put more cyber crooks behind among private sector entities and be- should apply to criminals and cyber at- tacks when private capabilities are bars. It is not for want of ingenuity and tween the private sector and govern- commitment by our professionals that ment must be lowered. I believe we can overwhelmed. There is one more step, and here is there are not more cyber crooks behind encourage cyber security in this way— where it gets a little bit more tricky. bars. common defense within the private You call 9–1–1 and the police or the am- During my work on the Cyber Task sector—without undermining other bulance rushes right over. But in cyber Force, I received a number of briefings areas of public policy. But it is not security, by the time you call cyber and intelligence reports on cyber going to be a simple task, and we will 9–1–1, it may be too late. Attacks in crime. The FBI and the Department of have to work our way through it be- cyberspace happen at light speed, as Justice have some real success stories cause those other areas of public policy fast as electrons flow. Not all the risks under their belts, such as the arrests of are serious areas—antitrust protection, and harms that imperil Americans can the alleged perpetrators behind the the safeguarding of intellectual prop- be averted by action after the fact. Mariposa botnet this summer, and our erty, protecting legal privileges, liabil- Some attacks are actually already agencies are beginning to work to- ity concerns, and even national secu- there, in our networks, lying in wait gether better and better over the lines rity concerns in those areas where the for the signal to activate. of turf defense that separate them. government may be asked to share We as a country are naked and vul- The problem is, the criminals are classified information. nerable to some forms of attack if we also ingenious and they are greedy and Bear in mind that there are three have not predeployed our defenses. Be- they are successful and they are as- levels of threat. As I have said, the cause the viruses and cyber attack toundingly well funded. Again, we are vast majority of our cyber vulnerabili- nodes can travel in the text portion of not talking about hackers in the base- ties can be cured by simple patches and messages, we have to sort out a dif- ment. We are talking about substantial off-the-shelf technology. That is the ficult question: whether, and if so how criminal enterprise with enormous lowest level—just follow basic, simple and when, the government can scan for sums of money at their disposal and at procedures and we can rid ourselves of dangerous viruses and attack signals. stake. most of the attacking. The next is a In medieval times, communities pro- Many enterprises appear to work more sophisticated set of threats that tected their core infrastructure from hand-in-hand with foreign govern- require the best efforts of the private raiders by locating the well, the gra- ments, which puts even greater assets sector to defend against. Those private nary, and the treasury inside castle for attack at their disposal. They have sector efforts are becoming increas- walls. Not everything needs the same a big advantage. The architecture of ingly sophisticated and capable. As to level of protection in cyberspace, but the Internet favors offense over de- those types of attacks, the private sec- we need to sort out what does need fense. Technologically, it is generally tor can handle them alone and particu- that kind of protection, what the cas- easier for savvy criminals to attack a larly so if we have empowered the pri- tle walls should look like, who gets al- network and to hide their trail than it vate sector, industry by industry, to lowed to reside inside the walls, and is for savvy defenders to block an at- engage in more effective common de- what the rules are. tack and trace it back to the criminals. fense and information sharing. The That leads to the question of a dot- We are not on a level playing field most sophisticated threats and at- secure domain. I have mentioned this against cyber criminals. That is the

VerDate Mar 15 2010 03:04 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.077 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7946 CONGRESSIONAL RECORD — SENATE November 17, 2010 problem not easily overcome. What we trol, run 9–1–1, operate FEMA, deploy business, with Senators permitted to can overcome, however, are the gaps, local police and fire services, and acti- speak for up to 10 minutes each. the weaknesses, the outdated strate- vate and direct the National Guard if The PRESIDING OFFICER. Without gies, and the inadequate resources in all of our systems are down? objection, it is so ordered. our own legal investigative processes. Second, resilience of society: How do f One example: the most dangerous we make sure people have confidence TRIBUTE TO ROBERT FORBUSS cyber criminals are usually located during a prolonged attack that food, overseas. To identify, investigate, and water, warmth, and shelter will remain Mr. REID. Mr. President, I rise today ultimately prosecute those criminals available? Because the Internet sup- to honor Mr. Robert ‘‘Bob’’ Forbuss for under traditional law enforcement au- ports so many interdependent systems, his service to the people of Nevada. To- thorities, we have to rely on complex a massive or prolonged attack could morrow evening, at its Annual Conven- and cumbersome international proc- cascade across sectors, compromising tion and Tradeshow in Las Vegas, the esses and treaties established decades or taking over our communications American Ambulance Association will ago that are far too slow for the mod- systems, our financial systems, our honor Mr. Forbuss for his many years ern cyber crime environment. utility grid, and the transportation and of work on behalf of ambulance serv- We also need to resource and focus delivery of the basic necessities of ices in Nevada and throughout the Na- criminal investigation and prosecution American life. tion. Today I am happy to call the at- at a level commensurate with the fact Third, our American resilience as in- tention of the Senate to the selfless that we, America, are now on the los- dividuals: Think about it. Your power service that my good friend has ren- ing end of what is probably the biggest is out and has been for a week. Your dered to the State of Nevada. transfer of wealth through theft and pi- phone is silent. Your laptop is dark. Bob is a native Nevadan who has racy in human history. You have no access to your bank ac- served this community for nearly four I will say that again: We are at the count. No store is accepting credit decades as an educator, elected official, losing end of what is probably the big- cards. Indeed, the corner store has businessman, and community advo- gest transfer of wealth through theft closed its doors and the owner is sit- cate. After earning his degrees in polit- and piracy in human history. ting inside with a shotgun to protect ical science and public administration I am pleased that in fiscal year 2010 against looters. Gasoline supply is ra- from Long Beach State University, Bob the FBI received an additional 260 returned to Las Vegas and began his cyber security analysis and investiga- tioned with National Guard soldiers keeping order at the pumps. Your chil- professional career as a teacher at tive positions. DOJ’s Computer Crimes Bishop Gorman High School from 1972– and Intellectual Property Section has dren are cold and hungry and scared. How, then, do you behave? 1979. He then served on the Clark Coun- not received new resources in 5 years. ty School Board of Trustees for 8 years With the FBI poised to ramp up its in- I leave this last question, our resil- ience as a government, as a society, and was an influential advocate for vestigatory actions against our cyber education initiatives in Southern Ne- adversaries, I am concerned the DOJ and as individuals to another day. But I mention it to highlight the poten- vada. For his many years of service to may not have the resources to keep up. education in Nevada, Bob was eventu- Sixth, we need clear rules of engage- tially catastrophic nature of a con- ally honored by the Clark County ment for our government to deal with certed and prolonged cyber attack. School District in the naming of the foreign threats. That is, unfortunately, Again, such an attack could cascade Robert L. Forbuss Elementary School. a discussion for another day since so across multiple sectors and could inter- It is fitting that such a fine educator much of this area is now deeply classi- rupt all of the different necessities on will forever have his name stamped on fied. But here is one example: Can we which we rely. the hearts of the students that attend adapt traditional doctrines of deter- When your power is down, it is an in- rence to cyber attacks when we may convenience but you can usually call Forbuss Elementary School. During his tenure at Bishop Gorman, not know for sure which country or somebody on the phone. Now the phone Bob became an emergency medical nonstate actor carried out the attack? is out, so you can go to the laptop and technician, EMT, and worked during If we can’t attribute, how can we try to e-mail somebody, but there is no his summer breaks for Mercy Medical deter? signal on the laptop. You need cash. With respect to any policy of deter- You go to the ATM. It is down. The Services. He quickly worked his way rence, how can it stand on rules of en- bank is not open because a run would through the managerial ranks of Mercy gagement that the attacker does not take place against its cash assets, and eventually became an owner of the know of? Not only do we need to estab- given the fact that it can no longer re- company. Mercy soon became a flag- lish clear rules of engagement, we need liably electronically let its customers ship and model operation in the United to establish and disclose clear rules of know what their bank account bal- States for paramedic services and Bob engagement if any policy of deterrence ances are. became a recognized leader in EMS is to be effective in cyberspace. We are up against a very significant Services, winning numerous awards Finally, as we go about these six threat. I hope some of the guideposts I and becoming a popular speaker at na- tasks, the government must be as have laid out will be helpful in design- tional conferences. transparent as possible with the Amer- ing the necessary legislation we need One of his greatest achievements, ican people. I doubt very much that the to put in place to empower our country and the one for which he is being recog- Obama administration would abuse to successfully defend against these nized tomorrow evening, has been his new authorities in cyberspace to vio- sorts of attacks. work on behalf of the American Ambu- late Americans’ civil liberties. But on I yield the floor. I suggest the ab- lance Association, AAA. The AAA was principle, I firmly and strongly believe sence of a quorum. formed in response to the need for im- that maximum transparency to the The PRESIDING OFFICER. The provements in medical transportation public and rigorous congressional over- clerk will call the roll. and emergency medical services. Bob sight are essential. We have to go The assistant editor of the Daily Di- was an original founder of the AAA, about this right. gest called the roll. and he later served as the organiza- I look forward to working with my Mr. WHITEHOUSE. Mr. President, I tion’s president. I have no doubt that Senate colleagues and with the admin- ask unanimous consent that the order throughout his presidency, and the istration as the Congress moves toward for the quorum call be rescinded. subsequent years of service that fol- comprehensive cyber security legisla- The PRESIDING OFFICER. Without lowed, he has labored diligently to en- tion to protect our country before a objection, it is so ordered. sure that our Nation’s ambulatory sys- great cyber attack should befall us. f tems have the resources they need to Let me close my remarks by saying serve our families, friends, and commu- the most somber question we need to MORNING BUSINESS nities. face is resilience. Mr. WHITEHOUSE. Mr. President, I Today, I express my sincere thanks First, resilience of governance: How ask unanimous consent that the Sen- to my dear friend for the noble work could we maintain command and con- ate proceed to a period of morning that he has performed over the years.

VerDate Mar 15 2010 01:14 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.078 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7947 Bob Forbuss has touched the lives of including, perhaps most recently, legis- ‘‘Uncle Ted,’’ Ted Stevens was sin- countless Nevadans and others lation that I introduced during the gularly devoted to serving his constitu- throughout our Nation, and in so doing 110th Congress to provide paid leave to ents and ensuring their needs and con- has established a legacy of service for workers under the auspices of the Fam- cerns were given a voice on Capitol all to follow. ily and Medical Leave Act. And while Hill. And it is that level of dedication f Ted and I did not substantively agree to the people who sent him here to rep- on much, he didn’t shy away from resent their interests that will ulti- THE RELEASE OF AUNG SAN SUU reaching out across the partisan divide mately be Ted Stevens’ greatest leg- KYI to get things done. In fact, it was his acy. Mr. MCCONNELL. Mr. President, this willingness to work with Democrats— Once again, I would like to express past weekend produced the first heart- to seek out common ground and com- my sincere condolences to Ted’s wife ening news out of Burma in recent promise on areas of contention when Catherine; his children Susan, Eliza- memory. Coming just days after the necessary—that made him such a pro- beth, Walter, Theodore, Ben, and Lily; junta held its charade-like elections, lific, effective, and well-respected and his 11 grandchildren. And I would this past Saturday Aung San Suu Kyi member of this body. also like to take this opportunity to was released from house arrest where The incredibly strong bonds Ted thank Ted for his years of tireless and she had spent 15 of the past 21 years. forged with his colleagues over the selfless service on behalf of his State While fellow advocates of democracy years were in full display at his memo- and country. in Burma rightly rejoice in her being rial service in Alaska over the summer. Mr. CORNYN. Mr. President, this freed, our feelings of joy and relief are I made the trip up north to attend his past summer the people of Alaska lost tempered by several sobering concerns. funeral, and I found it incredibly mov- one of its favorite sons, and many of us First, there is the matter of her safety. ing to hear the words of Ted’s longtime in the U.S. Senate lost one of our men- We all remember the brutal attack friend, my colleague Senator INOUYE, tors and friends. His name was Senator against her in 2003. That must not be who delivered Ted’s eulogy, and our Ted Stevens. permitted to happen again. Second, we Vice President JOE BIDEN, who also By the time I took my seat in this know Suu Kyi has been released in the made some remarks during the service. Chamber, Senator Stevens had already past only to be later detained on Clearly, this was a person who left not held his for more than three decades. trumped-up charges. We want her re- only an indelible mark on the Senate He chaired numerous committees, lease to be permanent, not temporary. as a body, but on many of the indi- served as President pro tempore, and Third, although she was granted un- vidual Senators who had the oppor- was widely regarded as one of the most conditional release, it remains to be tunity to serve with him over the gifted parliamentarians on our side of seen whether the regime will tolerate years. the aisle. His forty years of service is her active participation in public af- That was certainly the case for me. the longest tenure of any Republican in fairs. And that is essential for Burma Years ago, Ted Stevens and I partici- the history of the United States Sen- to undertake any meaningful progress pated in the U.S.-Canadian inter- ate. toward democracy. Finally, while Suu parliamentary meeting together. It Senator Stevens championed land- Kyi has been released from detention, was one of the most enjoyable 4 days I mark legislation that has transformed more than 2,000 other prisoners of con- spent in my 30 years in the Senate for Alaska, America, and the world. He science remain imprisoned in Burma. one simple reason—in addition to all helped settle land claims of Native Only when all are unconditionally his substantive talents, Ted Stevens Americans, guard fisheries and protect freed can the people of Burma truly was great fun—he loved his family, natural wonders of his home State. He begin the process of democratic reform Alaska, his country and his friends. and reconciliation. And on that last point, while it is helped guide the Trans-Alaska Pipeline Make no mistake, the release of Suu true that Ted was a creature of the Act into law, which has dramatically Kyi is a positive step forward in Senate, I believe Ted Stevens will be improved our Nation’s energy security. Burma. Yet it is only the first—and by remembered far into the future first He helped strengthen our Armed no means the final—step that must and foremost as a man of Alaska. Ted Forces to defend America’s interests take place in that beleaguered country. truly loved his home State, and over and values. He helped reform the United States Olympic Committee, and f the years, he cultivated a strong rep- utation as one of its greatest cham- has given generations of American ath- REMEMBERING SENATOR TED pions. letes the chance to succeed at the high- STEVENS Indeed, Ted’s own life was inex- est levels of international competition. Mr. DODD. Mr. President, I rise tricably linked to many of the major Ted Stevens’ devotion to his adopted today to pay tribute to the life of a events and advancements that occurred home State extended well beyond his friend and former colleague, former in Alaska’s history over the past half service in Washington. After earning a Senator Ted Stevens, who passed away century. Having served with distinc- Distinguished Flying Cross in World this August in a plane crash. I know tion in World War II as a pilot for the War II and graduating from Harvard that I speak for all of my colleagues U.S. Army Air Corps in Asia, Ted grad- Law School, he served as U.S. attorney when I say how difficult it was to re- uated from Harvard Law School in 1950 in Fairbanks. In 1958, as legislative ceive news of Ted’s passing this sum- and moved to Fairbanks to practice counsel for the Department of the Inte- mer, and I would like to take this mo- law. Several years later, Ted was rior here in Washington, he helped ment to convey my heartfelt condo- brought on to work for the Interior De- shepherd Alaska’s Statehood Act into lences to everyone who knew, worked partment under President Eisenhower. law. In 1999, his State’s legislature with, and enjoyed Ted during his life. In that capacity, Ted advocated very named him the ‘‘Alaskan of the Cen- I believe that Ted will long be re- persistently for Alaskan statehood, fi- tury.’’ As one of his family members membered as a man of the Senate. nally helping make that goal a reality put it, the legacy of Ted Stevens is the First appointed to his seat more than in 1959. Later on, as a Senator, Ted 49th star on the American flag. four decades ago, Ted Stevens became once again worked hard on behalf of his Four other individuals perished in the longest-serving Republican in the State, its people and interests, fighting the plane crash that claimed the life of history of this body in 2007. Through- to direct federal resources to that vast, Senator Ted Stevens on August 9, and out his tenure in Washington, Ted sparsely populated, and incredibly we pray for all those who lost loved served in a number of key leadership beautiful corner of our country. ones on that night. Sandy and I espe- positions, including as chairman of the Ted viewed himself as Alaska’s chief cially keep in our hearts those whom Senate Appropriations Committee and advocate here in Washington, and Ted Stevens loved most: his wife Cath- as President pro tempore. throughout his four decades in the Sen- erine, his 6 children, his 11 grand- Over the years, I had the pleasure of ate, he never deviated from that mis- children, and the nearly 700,000 Alas- being able to collaborate with Ted on a sion. Known by many of the Alaskans kans who cherish the memory of number of critically important issues, he helped over the years simply as ‘‘Uncle Ted.’’

VerDate Mar 15 2010 03:04 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.053 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7948 CONGRESSIONAL RECORD — SENATE November 17, 2010 HONORING OUR ARMED FORCES cans, it is incumbent upon us to do ev- To Staff Sergeant Benitez’s wife, STAFF SERGEANT INGLE´ S DOSREIS erything we can to honor their service their children, and his entire family—I Mr. LAUTENBERG. Mr. President, I and to provide for them and their fami- cannot imagine the sorrow you must be feeling. I hope that, in time, the pain of rise today to honor the life of SSG lies, not only when they are in harm’s your loss will be eased by your pride in Ingle´s DosReis, who was tragically way but also when they return home. It Carlos’s service and by your knowledge killed on August 28, 2009, while serving is the least we can do for those whom that his country will never forget him. at Aviano Air Base in Italy. we owe so much. Lance Corporal Ceniceros was as- We are humbled by his service and his Staff Sergeant DosReis enlisted in signed to 3rd Battalion, 5th Marine sacrifice. the Air Force in February 2005, imme- Regiment, 1st Marine Division, I Ma- diately following his graduation from f rine Expeditionary Force, Camp Pen- high school. He was a member of the REQUEST FOR CONSULTATION dleton, CA. 51st Security Forces Squadron sta- Mr. COBURN. I ask unanimous con- tioned out of Osan Air Base in South STAFF SERGEANT CARLOS A. BENITEZ Mr. BENNET. Mr. President, it is sent that the following letter be print- Korea from August 2005 until August ed in the RECORD. 2006. He was subsequently transferred with a heavy heart that I rise today to honor the life and heroic service of There being no objection, the mate- to the 31st Security Forces Squadron rial was ordered to be printed in the at Aviano Air Base, where he started as SSG Carlos A. Benitez. Staff Sergeant Benitez, who was assigned to the 10th RECORD, as follows: an installation entry controller. He de- U.S. SENATE, Cavalry Regiment, 4th Infantry Divi- ployed to Iraq in August 2007 and re- Washington, DC, November 16, 2010. sion, in Fort Carson, CO, died on Octo- ceived the Army Achievement Medal Hon. MITCH MCCONNELL, for his service. Staff Sergeant DosReis ber 14, 2010, from injuries sustained Senate Minority Leader, served in Iraq until February 2008 and when an improvised explosive device Washington, DC. detonated near his vehicle. Staff Ser- DEAR SENATOR MCCONNELL: I am request- upon his return he became a certified ing that I be consulted before the Senate en- desk sergeant at Aviano Air Base. He geant Benitez was serving in support of Operation Enduring Freedom in Af- ters into any unanimous consent agreements was posthumously promoted by the Air or time limitations regarding S. 2925, Domes- ghanistan. He was 24 years old. Force to the permanent grade of staff tic Minor Sex Trafficking Deterrence and A native of Carrollton, TX, Staff Ser- sergeant in August 2009. Victims Support Act of 2010. geant Benitez graduated from Staff Sergeant DosReis’ family fond- I support the goals of this legislation and Creekview High School and joined the ly remembers him as an intelligent and believe slavery, in any form, is morally rep- Army in October 2004. He served three rehensible. Sex trafficking is a global epi- kindhearted man and a loving husband tours of duty: two in Iraq and one in demic, and we should endeavor to eliminate to his wife Katherine and father to his Afghanistan—all with decoration. His this industry, especially due to its effects on son Christian. A great athlete, Staff wife and young daughter and son minors who are victims of this practice. Sergeant DosReis spent much of his However, I believe we can and must do so in moved to Colorado for Staff Sergeant childhood playing basketball and had a a fiscally responsible manner that upholds Benitez’s most recent assignment. the Constitution. My concerns are included passion for sports. He was also a nat- During 5 years of service, Staff Ser- ural student, earning honors in high in, but not limited to, those outlined in this geant Benitez distinguished himself letter. school and later going on to take class- through his courage, dedication to While the Judiciary Committee considered es at the Community College of the Air duty, and willingness to take on any and amended this bill in its Executive Busi- Force with a major in political science. job. He was awarded numerous awards ness Meeting, making some positive changes, Over a year has passed since SSG and medals, including two Army Com- I still have several concerns with the com- ´ mittee-reported language. First, although Ingles DosReis was tragically taken mendation Medals, the Valorous Unit from those who love him. Today, I join the new grant program created by this legis- Award, the Army Good Conduct Medal, lation will be inserted into existing traf- Staff Sergeant DosReis’ family and the Afghanistan Campaign Medal with friends in commemorating his life by ficking law, the bill extends the current Campaign Star, and the Iraq Campaign funding authorization period. The Traf- entering his name in the RECORD. As a Medal with four Campaign Stars. ficking Victims Protection Reauthorization member of the Air Force, he showed his Staff Sergeant Benitez worked on the Act of 2008 (TVPRA) established the current loyalty and commitment to freedom front lines of battle, serving in the law regarding trafficking, but its funding au- and peace and today we honor his serv- most dangerous areas of Iraq and Af- thorizations expire in 2011. However, in com- ice and sacrifice for our country. ghanistan. He is remembered by those bining this bill’s new grant program with ex- LANCE CORPORAL IRVIN M. CENICEROS isting TVPRA grants, it also extends the who knew him as a consummate profes- grant’s authorization through 2014. Thus, the Mrs. LINCOLN. Mr. President, today sional with an unending commitment bill authorizes new spending of $15 million I honor of LCpl Irvin M. Ceniceros, 21, to excellence. Friends and loved ones per year from 2012–2014, totaling $45 million of Clarksville, who died on October 14, remember his commitment to his wife. that is not offset by reductions in real spend- 2010, while supporting combat oper- His mother, Imelda, remembers how ing elsewhere in the federal government. ations in Helmand Province, Afghani- her son wanted to enlist in the Army It is irresponsible for Congress to jeop- stan. when he was just 17. She made him ardize the future standard of living of our children by borrowing from future genera- My heart goes out to the family of wait an extra year. Lance Corporal Ceniceros, who made tions. The U.S. national debt is now over $13 Mark Twain once said, ‘‘The fear of trillion. That means over $43,000 in debt for the ultimate sacrifice on behalf of our death follows from the fear of life. A each man, woman and child in the United Nation. Along with all Arkansans, I am man who lives fully is prepared to die States. A year ago, the national debt was grateful for his service and for the sac- at any time.’’ Staff Sergeant Benitez’s $10.2 trillion. Despite pledges to control rifice he and his family have made. I service was in keeping with this senti- spending, Washington added $4.6 billion to am committed to ensuring that all of ment—by selflessly putting country the national debt every single day last our veterans always have the full sup- first, he lived life to the fullest. He year—that is $3.2 million every single port they need and deserve, and I can minute. lived with a sense of the highest honor- Second, the Sex Trafficking Block Grants assure our brave soldiers and their able purpose. in S. 2925 go beyond the responsibility of the families that our grateful Nation will At substantial personal risk, he federal government by allowing grantees to not forget them when their military braved the chaos of combat zones use grant money for activities that are service is complete. throughout Iraq and Afghanistan. And rightly the responsibility of individual More than 11,000 Arkansans on active though his fate on the battlefield was states. The grants may be used to provide duty and more than 10,000 Arkansas uncertain, he pushed forward, pro- clothing, daily necessities, counseling and Reservists have served in Iraq or Af- tecting America’s citizens, her safety, legal services to trafficking victims. They ghanistan since September 11, 2001. and the freedoms we hold dear. For his may also be used to provide training for state and local law enforcement officers and These men and women have shown tre- service and the lives he touched, Staff social service providers. Finally, the grants mendous courage and perseverance Sergeant Benitez will forever be re- may be used to fund salaries for state and through the most difficult of times. As membered as one of our country’s brav- local law enforcement officers and prosecu- neighbors, as Arkansans, and as Ameri- est. tors, as well as investigation expenses for

VerDate Mar 15 2010 01:23 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.047 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7949 minor sex trafficking cases prosecuted by NATIONAL CYBER INFRASTRUC- to suggestions we have heard, our sub- the state. All of these expenses can and TURE PROTECTION ACT stitute bill adds language to clarify should be provided by the states, not the fed- that at least one of the private sector eral government. Mr. BOND. Mr. President, last June, Senator HATCH and I introduced S. 3538, members of the board of directors must I agree the problem of sex trafficking, par- the National Cyber Infrastructure Pro- have experience in civil liberties mat- ticularly when the victims are children, is an tection Act. This bill responds to the ters. We believe this will ensure that important issue both state and federal gov- privacy concerns are taken seriously at ernments should address. As ranking mem- concern expressed by former Director of National Intelligence Mike McCon- the very top levels of the Alliance. We ber of the Human Rights and the Law Sub- all have an interest in making sure committee, I have seen the effects of the sex nell that ‘‘[i]f we were in a cyber war today, the United States would lose.’’ that threat information is shared, but trade industry both internationally and do- we also have an interest in making mestically. As it pertains to domestic child The bill is built on three principles. sex trafficking victims, however, I believe First, we must be clear about where sure that no one’s privacy rights are the federal government should not be the Congress should, and, more impor- violated. primary provider of services for these vic- tantly, should not legislate. Second, The next Congress needs to focus on tims. there must be one person in charge— passing effective cyber legislation. I believe that S. 3538, as amended, pro- Most cases involving child sex trafficking someone outside the Executive Office are prosecuted at the state level, while the of the President who is unlikely to vides a solid starting point for that ef- federal government typically only joins claim executive privilege, but who has fort. The bill addresses the most press- cases involving large sex trafficking rings real authority to coordinate our gov- ing needs: it puts someone outside the that often include other federal criminal ac- ernment cyber security efforts. Third, White House in charge of cyber policy tivity. As a result, I have concerns that this we need a voluntary public-private and the Federal cyber budget; it pro- legislation places too great of a burden on partnership to facilitate sharing cyber vides a national cyber center that can the federal government to provide funding threat information, research, and tech- oversee and coordinate cybersecurity for trafficking victims’ services. In addition, for dot.gov and dot.mil; and it creates the bill allows grant funds to be used in nical support. Since filing the bill, we have contin- a public-private partnership that will many ways beyond basic services that I be- harness the creativity of the private lieve both detract from the goal of assisting ued to work with government, indus- try, and privacy experts in making sector to better protect our dot.com victims and duplicates funding already pro- networks. vided by other federal grant programs. sure that the solutions identified in this bill are effective. There are many Congress should avoid the tempta- Third, only 50% of the grant funds are re- tion to overlegislate in this area. We quired to go toward actual victims’ services. different opinions out there on how best to tackle the cyber security prob- need to walk before we can run. Once The other 50% can be used for salaries for this basic cyber infrastructure is estab- state law enforcement officers and prosecu- lems we face, and so we remain open to lished, it will bring the leading public tors, as well as state trial and investigation looking at ideas for improving the bill. expenses. While I do not support the federal Earlier today, we filed a substitute and private cyber experts together to funding of food, clothing and other daily ne- amendment to S. 3538 that incorporates shape cyber activities and policies. These experts will then be in an ideal cessities for these victims, by refusing to re- a number of these suggested improve- position to advise Congress and the ad- quire a higher percentage of the grant to go ments. It has been referred to com- toward these types of direct victims’ serv- ministration on the need for any addi- ices, the bill does not fulfill its goal. mittee. The original bill would have housed tional steps to ensure our cybersecu- Finally, while I was encouraged by some of the National Cyber Center administra- rity. I thank my good friend Senator the compromise language that was included tively in the Department of Defense so in the bill the Judiciary Committee ulti- HATCH for his close collaboration on as to reduce start-up costs and logis- mately passed, such as inserting the bill’s this legislation. I know he will be an tics. We appreciate the concerns some grant program into an existing federal pro- effective advocate for this approach may have with the appearance we are gram to avoid some of the overlap and direct when the bill is filed in the next Con- duplication it initially created, there remain militarizing cyber security, so our sub- gress. several broad Justice Department grant pro- stitute creates the center as a stand- grams that can be used for the purposes out- alone entity, like the Office of the Di- f lined in this bill’s grant program. All of the rector of National Intelligence. In this JUDICIAL NOMINATIONS Edward Byrne Grant programs, including the way, it will be clear we are not milita- Mr. LEAHY. Mr. President, recently Discretionary Grants or earmarks, the Com- rizing cyber security and one depart- munity Oriented Policing Service (COPS) I spoke to the Senate on the occasion ment does not have the inside track grants and multiple juvenile justice grants of the consideration of the nomination offered through the Office of Juvenile Jus- over any other when it comes to secur- of Jane Branstetter Stranch of Ten- tice and Delinquency Prevention (OJJDP) ing our government networks. In order nessee to the Sixth Circuit. It was contain broad language that would allow to make sure there is appropriate input nearly 10 months after her nomination these grants to be used for the purposes out- from DOD and DHS, we are also cre- was favorably reported by the Senate lined in S. 2925. ating two deputy directors, instead of Judiciary Committee that Senate Re- While there is no question that the sex one, with each appointed by the respec- publicans finally consented to a time trafficking industry has lifelong, horrific ef- tive Secretaries with the concurrence agreement and vote, despite the sup- fects on its victims, particularly minors, of the Director of the National Cyber port of the senior Senator from Ten- both federal and state governments bear the Center. nessee, a member of the Republican burden of addressing this issue. It is the Second, the Cyber Defense Alliance is leadership. Nevertheless, I said then states who should provide funding for the a pivotal component for encouraging that if consideration of the Stranch permissible purposes under this bill’s grant government and the private sector to nomination, after months of needless program, as it is state and local agencies collaborate and share information on which have the responsibility to carry out delay, represented a bipartisan willing- these services. Furthermore, the federal gov- cyber-related matters. We recognize ness to return to the Senate’s tradition ernment already provides funding to address that the private sector is often on the of offering advice and consent without trafficking issues, and grant programs are front lines of cyber attacks, so any in- extensive delays, I welcomed it. I urged available to state and local governments formation they can provide to increase the Senate to consider the other 16 ju- that can be used to help sex trafficking vic- government awareness of the source dicial nominations then on the Senate tims. Congress should, like many American and nature of cyber threats will make Executive Calendar favorably reported individuals and companies do with their own both government and the private sec- by the Judiciary Committee without resources, evaluate current programs, deter- tor stronger. The corollary to this is further delay. mine any needs that may exist and prioritize that the government must share its Regrettably, since Judge Stranch those needs for funding by cutting from the federal budget programs fraught with waste, own cyber threat information, includ- was approved by a bipartisan majority fraud, abuse and duplication. ing classified or declassified intel- on September 13, the Senate has not Sincerely, ligence, with the private sector. considered a single additional judicial TOM A. COBURN, M.D., All of this sharing can raise signifi- nomination, although some were re- U.S. Senator. cant privacy concerns. So, in response ported as long ago as January. Indeed,

VerDate Mar 15 2010 01:23 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.028 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7950 CONGRESSIONAL RECORD — SENATE November 17, 2010 during the rest of this work period the By refusing to proceed on President justice may arrive too late, if at all. In some list of judicial nominations stalled on Clinton’s nominations while judicial jurisdictions, civil litigants may well wait the calendar has grown to 23, including vacancies skyrocketed during the 6 two to three years before going to trial. In 16 that were reported by the committee years they controlled the pace of nomi- jurisdictions with the most vacancies, it will often take far longer for published opinions unanimously. Meanwhile judicial va- nations, Senate Republicans allowed to be issued, or courts will come to rely on cancies around the country continue to vacancies to rise to more than 110 by more unpublished opinions. More worrisome rise and now number 104. These include the end of the Clinton administration. still, because the Speedy Trial Act requires 48 vacancies that the Judicial Con- As a result of their strategy, Federal that courts give precedence to criminal ference has designated as judicial circuit court vacancies doubled. When cases, some backlogged courts have had to emergencies. Democrats regained the Senate major- stop hearing civil cases altogether. The Senate is well behind the pace ity halfway into President Bush’s first Earlier this month, I spoke to the set by a Democratic majority in the year in office, we turned away from Senate about the serious warning Senate considering President Bush’s these bad practices. As a result, overall issued by Justice Anthony Kennedy at nominations during his first 2 years in judicial vacancies were reduced during the Ninth Circuit Conference about office. Republicans have allowed the the Bush years from more than 10 per- skyrocketing judicial vacancies in Senate to consider and confirm only 41 cent to less than four percent. During California and throughout the country. of President Obama’s circuit and dis- the Bush years, the Federal court va- He said, ‘‘It’s important for the public trict court nominations over the last 2 cancies were reduced from 110 to 34 and to understand that the excellence of years. In stark contrast, by this date in Federal circuit court vacancies were the federal judiciary is at risk.’’ He President Bush’s second year in office, reduced from a high of 32 down to sin- noted that ‘‘if judicial excellence is the Senate with a Democratic majority gle digits. cast upon a sea of congressional indif- had confirmed 78 of his Federal circuit This progress has not continued with ference, the rule of law is imperiled.’’ A and district court nominations. That a Democratic President back in office. recent editorial in the Los Angeles number reached 100 by the end of 2002, Instead, Senate Republicans have re- Times focuses on the acute problems in all considered and confirmed during turned to the strategy they used during the Ninth Circuit and urges the Senate the 17 months I chaired the Senate Ju- the Clinton administration of blocking to act on three nominations to fill va- diciary Committee. the nominations of a Democratic Presi- cancies in Federal courts in California. During those 17 months, I scheduled dent, again leading to skyrocketing va- President Obama has not made nomi- 26 hearings for the judicial nominees of cancies. Last year the Senate con- nations opposed by home State Sen- a Republican President and the Judici- firmed only 12 Federal circuit and dis- ators but has, instead, reached out and ary Committee worked diligently to trict court judges, the lowest total in worked with home State Senators from consider them. During the 2 years of 50 years. This year we have yet to con- both parties. Likewise, I have re- the Obama administration, I have tried spected the minority. We have tried to to maintain that same approach, and firm 30 Federal circuit and district judges. We are not even keeping up develop and improve the cooperation the committee has held 25 hearings for between parties and branches. It is dis- President Obama’s Federal circuit and with retirements and attrition. As a re- appointing to see others take the oppo- district court nominees. I have not al- sult, judicial vacancies are, again, over site approach. We could help to address tered my approach and neither have 100 and, again, more than 10 percent. This trend should alarm the Amer- this vacancies crisis just by acting on the Senate Democrats. One thing that has changed is that ican people who expect justice from the the judicial nominations ready for ac- we have been able to hold hearings for Federal courts. I will ask consent to tion but which remain stalled on the nominees more regularly because we have printed in the RECORD at the con- Executive Calendar. I have worked closely with the rank- now receive the paperwork on the clusion of my statement a recent col- ing Republicans on the Judiciary Com- nominations, the nominee’s completed umn by Attorney General Eric Holder mittee while serving as its chairman. I questionnaire, the confidential back- about the cost to the American system have enjoyed my relationship with the ground investigation and the America of justice. He writes: Bar Association, ABA, peer review al- The federal judicial system that has been a current Ranking Republican, and I most immediately after a nomination rightful source of pride for the United have often thanked Senator SESSIONS is made, allowing us to proceed. During States—the system on which we all depend for his cooperation in working with me for a prompt and fair hearing of our cases 2001 and 2002, President Bush aban- to hold hearings and consider nomina- when we need to call on the law—is stressed tions in committee. I was disappointed doned the procedure that President Ei- to the breaking point. senhower had adopted and that had Last year, 259,000 civil cases and 75,000 by his statement to the Senate last been used by President George H.W. criminal cases were filed in the federal week, however. He is entitled to his Bush, President Reagan and all Presi- courts, enough to tax the abilities of the ju- own perspective on these matters, of dents for more than 50 years. Instead, diciary even when it is fully staffed. But course. I feel very strongly that Demo- President George W. Bush delayed the today there are 103 judicial vacancies—near- crats in the Senate treated President start of the ABA peer review process ly one in eight seats on the bench. Men and Bush’s judicial nominations better and women who need their day in court must more fairly than Republicans had those until after the nomination was sent to stand in longer and longer lines. the Senate. That added weeks and of President Clinton, and certainly bet- I will also ask consent to have print- months to the timeline in which hear- ter than President Obama’s nominees ed in the RECORD at the conclusion of ings were able to be scheduled on nomi- are currently being treated. The com- my statement a recent article that ap- nations. parison of vacancy rates and the num- When I became chairman of the Judi- peared on Slate by Dahlia Lithwick ber of judges confirmed in President ciary Committee midway through and Professor Carl Tobias, pointing out Bush’s first 2 years with a Democratic President Bush’s first tumultuous year that thousands of hard-working Ameri- majority—100, including 17 circuit in office, I worked very hard to make cans seeking justice in our courts bear court nominations—bear that out. I sure Senate Democrats did not perpet- the cost of justice delayed and denied also believe that there was a clear dif- uate the ‘‘judge wars’’ as tit-for-tat. as a result of vacant courtrooms and ference in the smaller number of judi- Despite that fact that Senate Repub- overburdened judges. Many senior and cial nominees opposed by Democratic licans pocket filibustered more than 60 retired judges continue to try to carry Senators and the open manner in which of President Clinton’s judicial nomina- the workload, but we fall farther be- Democrats made clear the basis of tions and refused to proceed on them hind. They write: their opposition in contrast to the se- while judicial vacancies skyrocketed It stands to reason that if you can’t get cret holds and across the board nature during the Clinton administration to into a courtroom, if the docket is too packed of the Republican opposition. Another for your case to be heard promptly, or if the indisputable fact is the judicial va- more than 110, in 2001 and 2002, during judge lacks sufficient time to address the the 17 months I chaired the committee issues raised, justice suffers. This will di- cancy crisis during the Clinton admin- during President Bush’s first 2 years in rectly affect thousands of ordinary Ameri- istration that has been recreated since office, the Senate proceeded to confirm cans plaintiffs and defendants whose liberty, President Obama was elected. By con- 100 of his judicial nominees. safety, or job may be at stake and for whom trast, during the Bush administration

VerDate Mar 15 2010 01:23 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.027 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7951 Senate Democrats worked to reduce and that the examples cited were after [From The Washington Post, Sep. 28, 2010] vacancies and the result was that we vacancies had been reduced and in light NOW VACANT: A CONFIRMATION CRISIS IN OUR did so dramatically. of opposition from home State Sen- COURTS Indeed, much of Senator SESSIONS’ ators to some of the nominees. Indeed, (By Eric H. Holder, Jr.) statement last Wednesday reads like we might have made even more More than a year ago, President Obama an attempted justification for some progress had President Bush not pro- nominated Jane Stranch, a respected Nash- sort of payback. He does concede that ceeded for years to make several ex- ville labor lawyer, to a seat on the U.S. we proceeded promptly to confirm Court of Appeals for the 6th Circuit. That va- treme nominations. The statement also cancy had been declared a ‘‘judicial emer- President Bush’s district court nomi- seems unaware of the work we did to gency’’ because the Sixth Circuit does not nations, but unfortunately attributes a resolve the impasse in the Sixth Cir- have enough judges to promptly or effec- sinister cast even to those actions. cuit, resulting in every single vacancy tively handle the court’s caseload, leading to Sometimes the statement does not in the circuit being filled by President serious delays in the administration of jus- merely attribute the wrong motive or Bush. tice to people in Tennessee and other parts of the 6th Circuit. Yet despite the fact that mischaracterize what happened, but is Regrettably, the Senate this year is a misstatement of the facts. For exam- Judge Stranch enjoyed the support of both of not being allowed to consider the con- her Republican home-state senators and bi- ple, the Senator suggested that the sensus, mainstream judicial nominees partisan support in the Senate Judiciary Senate confirmed only 6 of President favorably reported from the Judiciary Committee, she was forced to wait almost Bush’s 25 circuit court nominees. In Committee. It has taken nearly five 300 days for an up-or-down vote by the full fact, we worked hard to confirm 17 cir- times as long to consider President Senate. When she finally received that vote cuit court nominees in the 17 months Obama’s judicial nominations as it did earlier this month, she was confirmed over- that I chaired the committee during to consider President Bush’s during his whelmingly. 2001 and 2002. Unfortunately, her story is all too typical. first 2 years in office. During the first Nominee after nominee has languished in the By contrast, only 11 of President 2 years of the Bush administration, the Senate for many months, only to be con- Obama’s circuit court nominees have 100 judges confirmed were considered firmed by wide bipartisan margins when they been confirmed these 2 years—this, de- by the Senate an average of 25 days finally do receive a vote. As Congress fin- spite the fact that 17 have, so far, been from being reported by the Judiciary ishes its last week in session before the No- reported by the Judiciary Committee. Committee. The average time for con- vember elections, our judicial system des- perately needs the Senate to act. Five of the six circuit court nomina- firmed circuit court nominees was 26 tions stalled and still being prevented Today, 23 judicial nominees—honest and days. By contrast, the average time for qualified men and women eager to serve the from being considered were reported the 41 Federal circuit and district and cause of justice—are enduring long delays unanimously, one as long ago as Janu- circuit court judges confirmed since while awaiting up-or-down votes, even ary. This is another good illustration President Obama took office is 90 days though 16 of them received unanimous bipar- of the difference in how Republican and and the average time for circuit nomi- tisan approval in the Judiciary Committee. Democratic Senators have treated judi- nees is 148 days—and that disparity is The confirmation process is so twisted in cial nominations by the President of knots that we are losing ground—there are increasing. more vacancies today than when President the other party. Senate Republicans have refused to Democratic Senators did not stall Obama took office. The men and women allow prompt consideration even to whose confirmations have been delayed have such consensus nominations for spite those consensus nominations that are received high marks from the nonpartisan or payback. And when we opposed reported unanimously and without op- American Bar Association, have the support nominations we said why. Unlike position by the Judiciary Committee. of their home-state senators (including Re- President Bush, President Obama has publicans), and have received little or no op- There is no good reason to hold up con- not made a series of judicial nominees position in committee. These outstanding sideration for weeks and months of designed to pack the courts with lawyers and jurists deserve better, as do liti- nominees reported without opposition ideologues. Instead, he has worked gants who bring cases to increasingly under- from the Judiciary Committee. I have staffed courts. with home State Senators and selected been urging since last year that these In the Eastern District of California, in highly qualified, predominately mod- consensus nominees be considered Sacramento, there are 1,097 cases filed per erate nominees. judge annually. Six months ago, the presi- promptly and confirmed. Nor have we sought to force through dent nominated California Judge Kimberly nominations by ignoring the rules and In 2001 and 2002, the first 2 years of Mueller to help relieve that workload. Judge traditions of the Senate or the com- the Bush administration, the Senate Mueller is a distinguished jurist with seven mittee, as Republicans did. Those prac- with a Democratic majority confirmed years’ experience as a magistrate judge, a 100 judicial nominees. We obviously unanimous rating of well qualified from the tices are detailed in my contempora- American Bar Association and the unani- neous statements at the time but ig- will not reach that level or reduce judi- cial vacancies as effectively as we did mous backing of the Senate Judiciary Com- nored in the statement made last mittee. Yet she has still not been confirmed. Wednesday. For example, when I be- in those 2 years. What we can do is con- For the 4th Circuit, the president nomi- came chairman in 2001, I made home sider the 23 judicial nominations al- nated Albert Diaz, an experienced state State Senators’ ‘‘blue slips’’ public for ready on the calendar. That could court judge and former Marine and officer in the first time, preventing Senators bring us to 64 Federal circuit and dis- the Navy’s Judge Advocate General Corps, to trict court confirmations. If we also a seat on the U.S. Court of Appeals that has from anonymously blocking committee been vacant for more than three years. He action on judicial nominees. That was completed action on the 11 additional judicial nominees who participated in was approved unanimously by the Senate Ju- a bad practice that led to the pocket diciary Committee in January and is strong- filibusters of more than 60 of President September hearings, that could bring ly backed by both of North Carolina’s sen- Clinton’s judicial nominees. Also ig- us to a respectable total of 75 circuit ators. Yet Judge Diaz has waited 242 days for nored in last Wednesday’s statement and district court confirmations. That a vote by the full Senate. was the history of earlier filibusters, would be in the range of judicial con- In the rotunda outside my Justice Depart- firmations during President Reagan’s ment office, it is inscribed that ‘‘The United such as that of the Supreme Court States wins its point whenever justice is nomination of Abe Fortas to be the first 2 years (88) and President George H.W. Bush’s, 72, but pale in comparison done its citizens in the courts.’’ As attorney Chief Justice and of President Clin- general, I have the privilege of leading a ton’s nominations to the Ninth Circuit. to the 100 confirmed in the first 2 years strong department in which public servants The statement was in many regards of the George W. Bush administration seek justice every day. But the quotation ahistorical or anti-historical. In com- or those confirmed during President that has greeted attorneys general for the plaining about a handful of Fourth Cir- Clinton’s first 2 years, 126. past 70 years serves as a reminder that jus- cuit nominees in the last 2 years of Mr. President, I ask unanimous con- tice depends on effective courts. The federal President Bush’s administration, the sent to have printed in the RECORD judicial system that has been a rightful those materials to which I referred. source of pride for the United States—the statement ignored the fact that we had system on which we all depend for a prompt broken the logjam caused by 8 years of There being no objection, the mate- and fair hearing of our cases when we need to Republican obstruction of President rial was ordered to be printed in the call on the law—is stressed to the breaking Clinton’s nominations to that circuit RECORD, as follows: point.

VerDate Mar 15 2010 01:23 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.027 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7952 CONGRESSIONAL RECORD — SENATE November 17, 2010 Last year, 259,000 civil cases and 75,000 freedoms. Whereas judicial obstruction once dent of the American Bar Association, re- criminal cases were filed in the federal reached no further than the federal appeals cently put it: ‘‘The current gridlock discour- courts, enough to tax the abilities of the ju- courts, for the first time even noncontrover- ages anyone from subjecting themselves to diciary even when it is fully staffed. But sial district court nominees are being stalled the judicial nomination process.’’ today there are 103 judicial vacancies—near- by arcane Senate reindeer games. It stands The more seats remain vacant, the greater ly one in eight seats on the bench. Men and to reason that if you can’t get into a court- the incentive to politicize the process. In the women who need their day in court must room, if the docket is too packed for your George W. Bush administration, the judicial- stand in longer and longer lines. case to be heard promptly, or if the judge vacancy rate dropped to 4 percent. Now it’s The problem is about to get worse. Because lacks sufficient time to address the issues up to 10 percent again. The stakes become of projected retirements and other demo- raised, justice suffers. This will directly af- higher and higher as the opportunity to sig- graphic changes, the number of annual new fect thousands of ordinary Americans—plain- nificantly reshape the federal bench becomes vacancies in the next decade will be 33 per- tiffs and defendants—whose liberty, safety, more real. The incentive for a Senate minor- cent greater than in the past three decades. or job may be at stake and for whom justice ity to obstruct nominees also grows with the If the historic pace of Senate confirmations may arrive too late, if at all. In some juris- vacancy rate. The party not in control of the continues, one third of the federal judiciary dictions, civil litigants may well wait two to White House invariably believes it will re- will be vacant by 2020. If we stay on the pace three years before going to trial. In jurisdic- capture the presidency in the next election that the Senate has set in the past two tions with the most vacancies, it will often and thus has the opportunity to appoint years—the slowest pace of confirmations in take far longer for published opinions to be judges more to its liking. Accordingly, each history—fully half the federal judiciary will issued, or courts will come to rely on more nominee obstructed now is another vacancy be vacant by 2020. unpublished opinions. More worrisome still, reserved for the out-of-power party’s presi- As Justice Anthony Kennedy recently because the Speedy Trial Act requires that dent. These dynamics are evident with the noted, the ‘‘rule of law is imperiled’’ if these courts give precedence to criminal cases, midterm elections approaching: The process important judicial vacancies remain un- some backlogged courts have had to stop has now essentially shut down. That’s why filled. In 2005, Senate Republican leader hearing civil cases altogether. only one appellate nominee even received Mitch McConnell called on Congress to re- Overtaxed federal judges can’t do justice at floor consideration between April 23 and turn to the way the Senate operated for over some point. Take, for instance, the federal Sept. 12 of this year. 200 years, and give nominees who have ma- court based in Denver, where five active The rampant politicization of the selection jority support in the Senate an up-or-down judges are doing the work that ought to be process is undermining public respect for the done by seven. The Judicial Conference of floor vote. co-equal branches of government. President the United States suggests the court needs I agree. It’s time to address the crisis in George W. Bush’s use of the White House for another judgeship and has labeled the two our courts. It’s time to confirm these judges. a ceremony introducing his first 11 appellate vacancies a ‘‘judicial emergency’’ because nominees and his promotion of his judicial the judges there each carry 593 instead of the [From Slate.com, Sep. 27, 2010] nominees exacerbated the sense that federal 430 cases deemed optimal. Alliance for Jus- VACANT STARES—WHY DON’T AMERICANS judgeships were a political prize for the win- tice today put out a new report on the juris- WORRY ABOUT HOW AN UNDERSTAFFED FED- ning party. Obama has attempted to dictions designated as judicial emergencies. ERAL BENCH IS HAZARDOUS TO THEIR depoliticize the confirmation process by Among their findings: Judicial emergencies HEALTH? naming judges generally regarded as centrist have more than doubled over the first 20 (By Dahlia Lithwick and Carl Tobias) months of the Obama administration, and ju- and moderate—much to the dismay of many The prospect of a federal bench with nearly dicial emergencies now exist in 30 states. In liberals. But it has changed nothing. When one out of every eight judicial seats vacant many jurisdictions, judges who should have the Senate confirmation process degenerates should scare the pants off every American. retired years ago are still actively hearing into cartoonish charges of judicial unfitness, Yet few Americans are as worked up about it cases on courts that can’t afford to lose even name-calling, recriminations, and endless as those of us who think and worry about it one more judge. This places unfair, undue paybacks, the consequences go far beyond a lot. Our argument was already a tough sell pressure on every federal judge now sitting. the legitimacy of Congress, to the legit- before the threat of global terrorism and a Most judges have been stoic in the face of imacy of the courts themselves. As courts collapsed economy ate up every moment of mounting work and caseloads. Few openly are batted around for partisan political pur- the national political conversation. Now a 10 complain, lest they appear to be taking sides poses, nominees and judges appear to be percent judicial vacancy rate seems like a in the confirmation wars. Still the crisis is purely political actors—no different than Code Beige emergency in a Code Red world. so urgent that some judges have begun to members of Congress or the president. That Part of the problem is politics: It has often speak out: In May, Chief Judge Wiley Daniel doesn’t just hurt judges. It hurts those of us seemed that the only people screaming for of the U.S. District Court in Denver wrote to who rely on judges to deliver just outcomes. speedy judicial confirmations are panicked the majority and minority leaders in the Americans watching the confirmation wars because it’s their judges being blocked. The Senate urging prompt confirmation and ex- won’t ultimately recall which president party not currently in control of the White plaining that lingering vacancies impede named which judge or what the final vote House and Senate often sees less crisis than public access to justice. Six highly regarded was. But they may begin to accept as normal opportunity in a dwindling bench. Moreover, retired federal judges at the same time wrote an inaccurate and deeply politicized vision of when the entire judicial selection process to the senators that the current gridlock is judges as a bunch of alternating partisan has been as fiercely politicized as it is has not tenable for a nation ‘‘that believes in the hacks and a federal bench that is limping, become lately, most Americans may suspect rule of law.’’ In 1997 and again in 2001, Chief rather than racing, to do justice. that empty benches might be better for de- Justice William Rehnquist admonished the f mocracy than full ones. But judicial vacan- White House and Senate, then in control of cies are disastrous for Americans, all Ameri- opposite parties, to fill the many vacancies NATIONAL HOME CARE AND cans, and not merely for partisan reasons, for the good of the nation. Imagine how you HOSPICE MONTH but also for practical ones. That’s why in a would feel if your heart surgeon had to per- Mr. WYDEN. Mr. President, our recent speech, Justice Anthony Kennedy form thousands of surgeries each day. That’s country strives to provide exceptional warned: ‘‘[I]t’s important for the public to how worried you should be about federal understand that the excellence of the federal judges forced to manage ever-expanding support for the sick, elderly and termi- judiciary is at risk. If judicial excellence is caseloads. nally ill in home and hospice settings. cast upon a sea of congressional indifference, Potential judges won’t agree to be nomi- These vulnerable individuals, as well as the rule of law is imperiled.’’ nated. Depending on who’s doing the calcula- their family caregivers, are indebted to Yet this issue, which seems to light up edi- tions, the average length of time between the many professionals and volunteers torial writers and Brookings scholars with being nominated and confirmed has more who have made it their life’s work to such ease, appears to leave the rest of you than quadrupled in the Obama administra- serve those in greatest need. Nearly cold. So here we are taking one last crack at tion. As a result of procedural shenanigans scaring your pants off with some strictly in the Senate, nominees may remain in 83,000 hospice professionals, 46,000 hos- nonpartisan facts about the dangers of judi- limbo for months, with careers and law prac- pice volunteers and 1 million home cial vacancies. tices stuck on hold as they await a vote that health providers, nationally, con- Justice delayed truly is justice denied. may never come. Indeed, 6th Circuit Judge tribute significantly to our health care There are approximately 850 lower-court fed- Jane Stranch waited 13 months for a 71–21 system through their compassion and eral judgeships, of which more than 100 are vote, while Judge Albert Diaz, a 4th Circuit commitment. currently vacant, while 49 openings in 22 nominee, has waited nearly 11. As the wait Hospice care provides humane and states are classified ‘‘judicial emergencies.’’ for confirmation drags on ever longer, the comforting support for over 744,000 ter- Eighty-three of these are on the district best nominees will be inclined to start to courts—the trial courts that decide every wonder whether it’s worth the bother. Many minally ill patients and their families important federal question in the country, excellent potential nominees may not even each year. These services include pain on issues ranging from civil rights to envi- entertain the prospect of judicial service control, palliative medical care and so- ronmental, economic, privacy, and basic anymore. As President Stephen Zack, presi- cial, emotional and spiritual services.

VerDate Mar 15 2010 01:23 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.053 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7953 Hospice supports the basic human office, the departments of State, War TRIBUTE TO MARGOT ALLEN needs for feeling comfortable, in a fa- and Treasury, the diplomatic corps, the Mr. ENSIGN. Mr. President, I am miliar environment, surrounded by lov- national seal, and the annual observ- honored to rise today to pay tribute to ing caregivers and family during the ance of Thanksgiving Day. As the first Margot Allen, an exceptional em- later stages of life. Hospice care is an elected President of our independent ployee, a dedicated patriot, an extraor- effective model for the interaction of Nation, President Hanson began the dinary woman, and a treasured friend, interdisciplinary teams of health pro- task of unifying the former colonies in celebration of her 70th birthday. fessionals, family members and volun- and providing for their common de- Margot has been an invaluable part of teers in providing care for those need- fense, communication, and economic my congressional team since our first ing care in our communities. growth. campaign in 1994. The movement to provide health care The John Hanson National Memorial Raised in Alabama, Margot has the and supportive services in the home en- Association now seeks to memorialize charm and grace of a true southern vironment has evolved rapidly over the John Hanson and recognize his con- belle. Add to that her demand for preci- past few decades. Home care services tributions to our Nation. The associa- sion and professionalism and her quick typically bring the expertise and com- tion proposes to create a national me- wit, and it explains why she has been passion of providers in numerous dis- morial on the Frederick County Court- known to elicit a, ‘‘Why, thank you!’’ ciplines into the setting where most house courtyard, overlooking the site from an obtuse obstructionist who has sick patients prefer to reside—the of the John Hanson House in Fred- quite politely been told to ‘‘take a long home. More than 11 million Americans erick, MD. Funds also will be raised to walk off a short pier’’ in that capti- benefit each year from this approach. establish a public education program vating southern drawl. We have made great strides in ad- regarding President Hanson’s contribu- Margot’s work on behalf of veterans vancing care for all Americans through tions to our democracy. Funding also and seniors in Nevada has earned her a the recently enacted Affordable Care will be used to support the John Han- stellar reputation as the authority Act. A key provision in this effort is son Institute, which would restore and among her peers and a miracle worker the establishment of a Medicare hos- preserve President Hanson’s first among those constituents who have pice concurrent care demonstration home, Mulberry Grove, on the banks of benefited from her tenacious advocacy. program, which would allow patients Port Tobacco River in Charles County, She has gained the respect and admira- who are eligible for hospice care to also MD. tion of those both in and out of govern- ment agencies with whom she collabo- receive all other Medicare covered I ask my colleagues to join me in sa- rates. As a Regional Representative in services during the same period of luting the efforts of the association to my Las Vegas office, Margot has been a time. Following establishment of this recognize our first elected President, champion for Nevada’s servicemen and program, I am hopeful that this coun- John Hanson of Maryland. try will move in a direction where indi- women, working tirelessly to resolve viduals and families do not have to problems arising from bureaucracy or f make the difficult choice between hos- errors—often times being able to bring pice and curative care in the Medicare relief and hope to battle weary con- Program. RECOGNIZING EUHOFA stituents. Her association with active On behalf of Oregon home health and Mr. REED. Mr. President, today I duty and retirees from all branches of hospice providers celebrating Novem- recognize and congratulate EUHOFA, service coupled with her deep apprecia- ber as home care and hospice month, I an international association of hotel tion for the ‘‘Tradition of Honor and thank the thousands of everyday he- and hospitality schools, on the occa- Legacy of Valor’’ has earned her pro- roes such as home health nurses, thera- sion of its 49th Congress, which was found admiration from privates and pists, and aides, who work tirelessly to held in Providence, RI, from November generals alike. At Nellis Air Force provide professional health and pallia- 7 through November 12, 2010. Base in Las Vegas, NV, the Com- manding Officer of the 99th Airbase tive care and support to millions of EUHOFA International was founded Wing is often referred to as the ‘‘Mayor Americans in need of quality health in Europe in 1955 with the mission of of Nellis.’’ However, anybody who has services. Their efforts allow families to enhancing the quality of the training been stationed at Nellis will definitely stay together, and provide greater for the tourism industry throughout concede that it is Margot who is the comfort and dignity to those in our the world. Its members represent the mayor. She knows everybody and ev- communities. world’s top hotel and hospitality col- erybody knows her. f leges and universities in 45 countries. Her passion for accuracy in grammar Representatives from 19 of these coun- THE JOHN HANSON NATIONAL and written composition took her to tries attended this year’s congress in MEMORIAL ASSOCIATION the University of Alabama where she Providence. Mr. CARDIN. Mr. President, I wish to worked as a professor. Margot also recognize a fellow Marylander, John The 2010 EUHOFA Congress marks taught English language skills to Pan- Hanson, whose statue graces Statuary only the second time this event has amanians while she and her beloved Hall here in the U.S. Capitol. George taken place in the United States. This husband Leonard were living in Pan- Washington is properly revered as the year, as in 1994, the EUHOFA Congress ama where he worked for the Depart- ‘‘Father of our Country’’ and the Na- was hosted by Johnson & Wales Univer- ment of Defense. Her love of the tion’s first President. But we mustn’t sity in Providence, which is home to English language and her commitment overlook John Hanson’s seminal con- one of our Nation’s premier hospitality to scholarship has not only served her tributions to the birth of the United schools. well over the years but also become an States. In October 1781, the British sur- The tourism industry is a vital part unequaled resource for my staff and rendered at Yorktown, VA, and the of my State and our Nation’s economy. me. Margot provides the final inspec- American Revolution was over. A Many people associate tourism solely tion for every document that is sent month later, Hanson became the first with vacations. But at its heart, tour- from any of my offices. She calmly, elected President of the Continental ism provides an important bridge be- methodically, and repeatedly teaches Congress established under the Articles tween countries and cultures, and at a the placement of commas, patiently of Confederation. He was unanimously time of great change, this kind of un- explains when healthcare is one word elected and served one term, from No- derstanding is essential for our na- or two, and has been known to ask staff vember 5, 1781 to November 3, 1782. tional security and economic recovery. on more than one occasion, ‘‘Honey, John Hanson’s administration began I am very proud that Rhode Island why don’t you just tell me what you the task of creating the governmental and Johnson & Wales University are meant to say.’’ infrastructure to meet the needs of a hosting this great event. On behalf of I am very privileged as a United growing, diverse nation. Under his the U.S. Senate, it is my pleasure to States Senator to work with a team of leadership, the Nation’s first central congratulate the 49th EUHOFA Inter- highly skilled, capable, and dedicated bank was created, along with the post national World Congress. staff members who are committed to

VerDate Mar 15 2010 01:23 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.005 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7954 CONGRESSIONAL RECORD — SENATE November 17, 2010 this great country and the people of accounted for more than 36 percent of ADDITIONAL STATEMENTS Nevada, and any measure of excellence infant deaths in 2006. In addition to that we achieve will bear the distinct being the leading cause of newborn handprint of Margot Allen. death, prematurity can cause those TRIBUTE TO VICTOR PEREZ It is truly my pleasure and my honor who do survive a lifetime of health ∑ Mrs. BOXER. Mr. President, I ask my to recognize the outstanding contribu- challenges and intellectual disabilities. colleagues to join me in thanking Fres- tion Margot Allen has made to my or- Even infants born just a few weeks no resident Victor Perez for his valiant ganization and to the people of Nevada early have higher rates of hospitaliza- actions that resulted in the rescue of in the years she has been part of my tion and illness than full-term infants. an eight-year-old kidnapping victim congressional team and to wish her a The last few weeks of pregnancy are and the arrest of her alleged kidnapper. very blessed and happy birthday. critical to a baby’s health because I know I am joined by the victim’s f many important organs, including the family and friends, the Fresno Police brain and lungs, are not completely de- Department, the entire Fresno commu- NOMINATION OF JANET YELLEN veloped until then. nity and so many others across the Mr. BUNNING. Mr. President, I want We are making incredible advances country in offering my deepest appre- to briefly explain for the record my in how we treat these children, but we ciation to Mr. Perez for his bravery, his votes on the nomination of Janet need to do a lot more. This is a criti- quick thinking and his willingness to Yellen to be a member of the Board of cally important issue. It is the kind of put himself in harm’s way to protect a Governors of the Federal Reserve Sys- issue that deserves more attention. I child. tem and to be Vice-Chairman of the am pleased to be joined by Senator Mr. Perez, like many others in Fres- Board of Governors of the Federal Re- DODD in introducing the PREEMIE no and around California, was deeply serve System. Act, which reauthorizes and builds concerned when he learned the news Dr. Yellen is qualified to sit on the upon our legislation from 2006. It is about the abduction of an 8-year-old Board of Governors. She has already supported by the March of Dimes, girl from the front yard of a home in been a member of the Board, and is American Academy of Pediatrics, central Fresno on October 4. currently the president of a regional American Congress of Obstetricians The next morning, when Mr. Perez Fed—the Federal Reserve Bank of San and Gynecologists and Association of noticed a truck outside of his home Francisco. She has more monetary pol- Women’s Health, Obstetric and Neo- that matched the description of a vehi- icy experience than most recent nomi- natal Nurses, to name a few. I urge my cle of interest reported in the news, he nees and certainly understands what colleagues to cosponsor this legisla- decided that time was of the essence the job requires. tion. and he had to take action. However, I have serious concerns Mr. DODD. I thank my colleague. I Without hesitation, Mr. Perez about her views on monetary policy am pleased to join my good friend, the jumped into his truck and pursued the and her actions during the credit and senior Senator from Tennessee, in this suspicious vehicle. At one point during housing bubble. In reviewing Federal effort. Five years ago, we stood on this the pursuit, he noticed a young girl in Open Market Committee, FOMC, meet- floor discussing the risks, costs, and the passenger seat, which strengthened ing minutes and transcripts, it is clear toll of premature birth. Following his resolve to track down the vehicle. to me that Dr. Yellen will support easy three decades of increases, in 2008, the After seeing her, he said he had only money policies and I am afraid she will Nation achieved the first 2-year decline one thought in his mind, ‘‘I’ve got to not take inflation seriously. I do not in the preterm birth rate to 12.3 per- get that little girl out of there.’’ believe she will stand up to Chairman cent. This rate is still too far from the He bravely pursued the suspect with Bernanke or break the groupthink that Healthy People 2010 goal of 7.6 percent selfless disregard for his personal safe- exists at the Fed. The FOMC tran- and our Nation earns only a ‘‘D’’ on the ty until he successfully cut off the ve- scripts and minutes I reviewed only March of Dimes annual prematurity re- hicle, forcing the suspect to stop. strengthen my concerns. I am also con- port card. According to the National Sensing that he was cornered by Mr. cerned that as president of the San Center for Health Statistics, in an av- Perez, the suspect pushed the young Francisco Fed she did not spot or take erage week in Connecticut, 84 babies victim out of the car and sped off. Mr. action to address the housing and cred- are born preterm. More than half a mil- Perez immediately tended to the young it bubble while overseeing one of the lion babies still are born preterm each victim and called 911 so that law en- most affected regions of the country. year, a serious health problem that forcement officials could continue to These reasons are why I oppose Dr. costs the United States more than $26 pursue the kidnapper. When the young Yellen’s nomination to be Vice-Chair- billion annually, according to the In- girl told Mr. Perez that she was scared, man and will vote against her for that stitute of Medicine. I believe that the he assured her that she was out of position when the vote is called. recent 2-year nationwide decline, albeit harm’s way. The RECORD will thus reflect my vote small, is encouraging and this should As a result of Mr. Perez’s heroic ac- against Dr. Yellen to be Vice-Chairman be the beginning of a positive trend. tions and the speedy response by hun- of the Board of Governors of the Fed- The recent developments must be sup- dreds of law enforcement officers from eral Reserve System. ported by access to better health care, multiple jurisdictions, the suspected f new research and new programs to kidnapper was apprehended. Most im- lower the risk of preterm birth. portantly, the young girl has been re- NATIONAL PREMATURITY This is why the Senator from Ten- united with her mother and her family. AWARENESS DAY nessee and I have introduced the Pre- I am thankful for Mr. Perez’s altru- Mr. ALEXANDER. Mr. President, I maturity Research Expansion and Edu- ism and courage. His selfless actions would like to speak about the issue of cation for Mothers Who Deliver Infants that led to the rescue of this little girl babies born prematurely, an area Sen- Early Act. This important bill expands represent the best ideals of being a ator DODD and I have been working on research into the causes and preven- good neighbor, a Good Samaritan and a together for many years. November is tion of prematurity and increases edu- responsible member of a community. Prematurity Awareness Month and cation and support services related to We shall always be grateful for his today, November 17, is Prematurity prematurity. The March of Dimes has heroic deeds on the morning of October Awareness Day. This year, in the U.S., been an important partner through its 5, 2010.∑ approximately 28,000 babies will die be- leadership of a national prematurity f fore their first birthday. In Tennessee, campaign, but they cannot combat this 236 babies are born preterm per week serious and costly public health crisis REMEMBERING LOUIS HENKIN on average, and, in 2007, 12,256 babies or alone. The Federal Government must ∑ Mr. CARDIN. Mr. President, today I 14.2 percent of all live births were pre- partner with them to increase research wish to commemorate the life of Louis mature. on the causes of preterm birth. I hope Henkin. According to the CDC, babies who more of my colleagues will join us in As chairman of the Commission on died from preterm birth-related causes supporting this important bill. Security and Cooperation in Europe, I

VerDate Mar 15 2010 01:23 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.055 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7955 wish to honor the memory of Professor RECOGNIZING HOWARD professional law enforcement agency. Louis Henkin, known to many as the COMMUNITY COLLEGE In addition to the traditional role in father of human rights law, who passed ∑ Mr. CARDIN. Mr. President, today I the service of legal process, protecting away last month. He was born Eliezer recognize the 40th anniversary of How- the courts, transporting prisoners and Henkin on November 11, 1917, in mod- ard Community College in Howard apprehending fugitives, the Sheriff’s ern-day Belarus. He was the son of County, MD. In 1970, Howard Commu- Office now provides responsive services Rabbi Yosef Eliyahu Henkin, an au- nity College began with 1 building and to the community, including a family thority in Jewish law. Louis, as he 600 students in the planned community law unit that provides immediate law later became known, came to the of Columbia. Since then, Howard Com- enforcement and social service inter- United States at the age of five in 1923. munity College has grown into a vention in domestic violence situa- By 1940, Louis had obtained his law de- sprawling campus and cultural magnet tions. Sheriff Kight was part of the gree from Harvard University after re- that draws nearly one out of every four strategic planning responsible for de- ceiving his undergraduate degree from Howard County high school graduates signing and implementing the inter- Yeshiva University. to its classrooms. agency Montgomery County Family Justice Center, which opened in May, Much can be said about Mr. Henkin’s In fiscal year 2010, Howard Commu- 2009, and has since served over 2,000 do- contributions to our Nation. As a civil nity College enrolled more than 12,851 mestic violence victims. servant, Mr. Henkin worked as law credit students and 16,780 noncredit continuing education students. Nearly Under Sheriff Kight’s administration, clerk for two of the sharpest American the Montgomery County Sheriff’s Of- legal minds, Judge Learned Hand of the 30 percent of its faculty has doctorates and the community is able to choose fice became the first Sheriff’s Office in U.S. Court of Appeals and, later, for Maryland to be nationally accredited Supreme Court Justice Felix Frank- from more than 7,056 classes each year. The Howard Community College ad- by the Commission on Accreditation furter. Louis also served in World War for Law Enforcement Agencies, II. He earned a Silver Star, the third ministration works closely with the business community and county gov- CALEA. Sheriff Kight has also brought highest military decoration that can be professionalism and recognition to the awarded, for his role in negotiating the ernment to ensure that the college’s courses are preparing students for ca- office by requiring uniforms for all dep- surrender of 78 German soldiers to his uties, marked Sheriff’s office vehicles, 13-man artillery observation unit. reers and/or educational advancement in areas that will result in employment and standardized training. He estab- These accomplishments notwith- and respond to business needs. For ex- lished the Sheriff’s Office SWAT team, standing, it has been Mr. Henkin’s un- ample, in response to the national K–9 explosive detection teams, and hos- questionable devotion to the cause of nursing shortage, Howard Community tage negotiators. These units are de- human rights which prompts me to College has developed a nursing pro- ployed throughout Montgomery Coun- speak in his memory. It would not be gram with a reputation for excellence— ty in cooperation with the Mont- an overstatement to say that Mr. 90 percent of last year’s nursing stu- gomery County Police Department. Henkin is a pillar in the field of human dents passed the licensing exam on the The sheriff’s deputies maintain part- rights. From 1948 to 1956 Mr. Henkin first try. nerships and serve in major regional worked for the State Department’s The Horowitz Visual and Performing Federal, State, and county law enforce- United Nations Bureau and its Office of Arts Center, which opened in 2006, has ment task forces, including the U.S. European Regional Affairs. He is con- added a community cultural dimension Marshal Service’s Capitol Area Re- sidered one of the architects of the 1951 to the college by offering three per- gional Fugitive Task Force, CARFTF, United Nations Refugee Convention, formance venues, two dance studios, as well as the Firearms and Gang Task where the defining terms of what it and instructional space for art and Forces. means to be a refugee and the inter- music classes. The Children’s Learning I ask my colleagues to join me in sa- national community’s responsibility in Center serves as a child care center as luting Sheriff Raymond Kight for his 50 providing asylum to these individuals well as a lab school for students in the years of public service. I ask you to were set forth. At Columbia Univer- Early Childhood Development Pro- join me in thanking him for his dedica- sity, Professor Henkin helped establish gram, an important resource for work- tion to the safety of the residents of the Center for the Study of Human ing parents. Montgomery County, MD, and in send- Rights in 1978 and created the Human Howard Community College can be ing him best wishes for a well-deserved Rights Institute 20 years later. Mr. proud of its rapid growth and its out- retirement.∑ Henkin was also a founder of the Law- standing reputation. The college offers f yers’ Committee for Human Rights, an important resource to the commu- REMEMBERING CLINT STENNETT which we know now as Human Rights nity and works hard to deliver on its First. As a mentor, his influence has pledge: ‘‘You Can Get There From ∑ Mr. CRAPO. Mr. President, today I been felt by generations of legal schol- Here.’’ honor the life of Clint Stennett. I join ars, including Supreme Court Justices I hope my colleagues will join me in Clint’s wife Michelle, his family and Ruth Bader Ginsburg, Anthony Ken- congratulating Howard Community friends in mourning his loss and hon- nedy, Stephen Breyer, and Sonia College on its success and join me in oring his distinguished life. There is Sotomayor. Our colleague on the Hel- wishing President Kathleen B. deep sadness associated with the pass- sinki Commission, Assistant Secretary Hetherington, the Board of Trustees, ing of Clint Stennett, who was a good of State Michael Posner, is a prote´ge´ of and the Howard County community friend and dedicated associate. Professor Henkin. continued success in educating stu- Clint Stennett had numerous accom- dents.∑ plishments in his life that was cut off Mr. Henkin was a prolific legal schol- far too short. Clint knew the meaning f ar. He published more than a dozen of hard work, and he made great use of books on the Constitution, inter- TRIBUTE TO RAYMOND M. KIGHT his sense for business. Clint grew up in national law, and human rights. His ∑ Mr. CARDIN. Mr. President, today I Idaho and graduated from Idaho State scholarship has helped inform and recognize the outstanding career and University, where he served as student shape the United States ratification of service of Raymond M. Kight, who is body president. He worked for the the Chemical Weapons Convention. the longest-serving elected sheriff of Idaho Statesman selling advertising. The international human rights com- Montgomery County. Ray Kight was an He later went to work as a publisher munity mourns the loss of Louis Army veteran when he joined the for the Wood River Journal, and he Henkin, and we at the Commission on Montgomery County Police Depart- served as president of a company that Security and Cooperation in Europe ment in 1963. He was sworn in as dep- owned various Idaho television sta- join that mourning. Our deepest and uty sheriff in 1967 and was elected sher- tions. He also had multiple Idaho most sincere condolences and prayers iff in 1986. ranches. Clint served in the Idaho go out to his family and friends. He During his tenure, Sheriff Kight State House of Representatives for 4 shall be missed.∑ transitioned the office into a modern, years before he began serving in the

VerDate Mar 15 2010 01:23 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.002 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7956 CONGRESSIONAL RECORD — SENATE November 17, 2010 State senate in 1994, where he rep- ship to college, later graduating from would be able to benefit from the same resented Blaine, Camas, Gooding, and Columbia University with a degree in opportunities he had growing up. As Lincoln Counties. For a decade, he also economics. someone who worked to ensure that served as former Democratic minority In the 1950s, following a brief stint bright, hard working students from leader for the Idaho State Senate. working for a Michigan paper company low-income families who were accepted Clint always kept his mind and heart and several years of service in the U.S. to one of the country’s most pres- open as he worked hard for Idahoans. Army during World War II, John start- tigious universities would be able to Clint was a principled, considerate and ed purchasing radio stations through- make the most of their college edu- devoted leader. With an unequalled out the country. By the time he found- cations. As someone who gave back to dedication, he had a love for natural ed Metromedia, the country’s first the people and institutions that helped resources, agricultural efforts and the major independent broadcasting com- make his meteoric rise in the cor- beauty of the State. Clint was a suc- pany, in 1961, he had already made a porate world possible. cessful, hard-working and fair business- small fortune from his radio stations For my part, I will certainly remem- man. He loved his family very much, and a regional food distribution busi- ber John Kluge for his uncanny busi- and he will be remembered as a loving ness he founded in Baltimore. When he ness acumen and singular dedication to husband and brother. sold Metromedia two decades later, philanthropy. But at the end of the My condolences and heart-felt pray- John increased his net worth even day, I will also recall John as a won- ers go out to his wife Michelle, his ex- more substantially, making nearly $4.7 derful, dear friend who was always a tended family, friends and loved ones. billion in the process. pleasure to be around. Clint Stennett will be greatly missed, Clearly, it would have been incred- You see, in spite of everything, John and his immense contribution to the ibly easy for John to have simply never let his wealth or position in life State of Idaho will not be forgotten.∑ taken his money ‘‘. . . and joined the get to his head. During the time that I f country club and gotten into this pat- knew him, John was always an ex- tern of complaining about the world tremely kind, good-natured, and genu- REMEMBERING JOHN W. KLUGE and about the tax law,’’ as he once put inely fun person. He was always acces- ∑ Mr. DODD. Mr. President, today I it in an interview for the New York sible and easy to talk to, and I will wish to pay tribute to John Kluge, a Times. But John Kluge never had any miss his company immensely. very close friend of mine who passed desire to spend the rest of his life sit- And so it is with a heavy heart that away on September 7, 2010, at the age ting around and frittering away his I rise today to say goodbye to such a of 95. I would also like to take this op- wealth. He placed a tremendous special individual. Once again, I would portunity to express my heartfelt con- amount of value on a hard, honest like to extend my sincere condolences dolences to his wife Maria; his children day’s work. And it was the sense of ful- to his loving family and to all those in- John and Samantha; and his step- fillment he derived from his own work dividuals who, like me, were so lucky children Joseph, Diane, Jeannette, and that ultimately served as the driving to have John in their lives.∑ Peter. For all of us who had the privi- force behind his numerous accomplish- f lege of getting to know him, this is a ments. tremendous loss. Indeed, John Kluge was the consum- TRIBUTE TO COLONEL RICHARD It is no exaggeration to say that mate workhorse. More inclined to ROOT John led a truly remarkable life. Hav- avoid the trappings of fame and rec- ∑ Mr. DODD. Mr. President, today I ing made a substantial fortune from a ognition than many contemporary cor- recognize the accomplishments of Colo- communications empire that included porate executives, John never retained nel Richard Root, of the U.S. Army, everything from television and radio a public relations staff. He was content who was recently promoted from the stations to mobile phones and the Har- to work behind the scenes, building his rank of lieutenant colonel. Until his re- lem Globetrotters, John regularly telecommunications empire and ce- cent transfer to the highly competitive graced Forbes magazine’s annual list of menting his position as one of Amer- Senior Service College, Colonel Root the 400 wealthiest Americans. ica’s most gifted business strategists worked for more than 3 years in the But John was not born with the pro- with little fanfare. Army’s Legislative Affairs Office as a verbial ‘‘silver spoon’’ in his mouth. He But John was much more than a tal- Senate liaison officer. I had the pleas- didn’t inherit his wealth. John Kluge ented entrepreneur who rose from hum- ure of working with Colonel Root fre- built his company, Metromedia, on his ble beginnings to strike it rich. In quently during that time, and was own, through nothing more than hard large part, I believe, because he was therefore proud to be able to join my work, spot-on business instincts and, not born into a life of privilege, John colleague and good friend Senator as John himself often freely admitted, was absolutely committed to putting CORKER in hosting his promotion cere- a little bit of good luck. his largesse to work for others. He was mony in the Capitol. I would like to ex- Indeed, John’s life reads like a pitch- a prolific philanthropist, and among tend my sincere congratulations to perfect version of a classic American the many worthy causes and organiza- Colonel Root and his family for this success story—a potent reminder of tions that benefitted from his gen- well-deserved recognition. what individuals can accomplish with erosity over the years, the presence of For more than 21 years, including 3 dedication, tenacity, and a healthy John’s contributions can probably be in combat, Colonel Root has been faith- dose of self-confidence and optimism. most clearly felt at his alma mater, fully serving our Nation as a member Born in Chemnitz, Germany, in 1914, Columbia. of the Armed Forces. Beginning in 1989, John moved with his family to Detroit Throughout his life, John donated when he was commissioned as a field in 1922 and took his first job as a pay- substantial sums of money to Colum- artillery lieutenant, Colonel Root’s as- roll clerk for his stepfather’s business bia, primarily to fund scholarships for signments have taken him around the when he was just 10. From a very early underprivileged and minority students. country and the world, including sev- age, John was driven to make the most But in 2007, John surprised everyone eral deployments during Operation of the educational opportunities avail- when he pledged that, upon his death, Desert Storm in 1991 and, more re- able to him. During his teenage years, the university would receive a gift of cently, during Operation Iraqi Free- when his stepfather asked him to drop $400 million from his estate. To provide dom. Throughout his more than two out of school so he could work full time a sense of scale here, that single gift is decades in the Army, Colonel Root has at the family business, John instead the largest Columbia has ever received, been recognized on a number of occa- opted to leave home and live with his and by far the largest ever given to an sions for his superior service and valor, typing teacher so he could continue his institution of higher learning specifi- receiving, among other decorations, education. cally to help students afford tuition. the Bronze Star, Purple Heart, Meri- That decision ultimately paid off. And that is exactly the way I think torious Service Medal, Army Com- During his high school years, John John would have wanted to be remem- mendation Medal, Army Achievement worked extremely hard to get good bered as an individual who used his Medal, Air Assault Badge, Army Staff grades and eventually won a scholar- good fortune to make sure others Badge, and Combat Action Badge.

VerDate Mar 15 2010 03:04 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.011 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7957 Most recently, in his role as a liaison Jones Center welcomes more than 1 one of five national Environmental officer to the U.S. Senate, Colonel Root million visitors per year, with an oper- Stewardship Award winners for its once again distinguished himself, de- ating budget of $2.4 million. Programs commitment to best management prac- veloping outstanding relationships and amenities at the center include an tices. Tyson Foods continually uses the with Senators and staff members alike. ice rink, junior Olympic competition farm as a model for environmental During his 3 years of service in the Of- swimming pool, fun pool with slide, fit- stewardship. fice of Legislative Affairs, Colonel ness room, a chapel/auditorium, a com- A lot has changed in Prairie Grove Root escorted 40 congressional and puter center, and numerous other and in northwest Arkansas over the staff delegations, accompanying Mem- meeting rooms, playgrounds, and ath- past 150 years, but the West Family bers to more than 50 countries, includ- letic courts. Farm remains a constant. From the ing active combat theaters. I have visited the Jones Center often, time Robert J. West founded the farm I myself travelled with Colonel Root and I commend the staff and volunteers on the dawn of the Civil War, through on a number of occasions during his for their efforts to better their commu- the great depression in the 1930s, to the time in the Senate, and was always ex- nity and provide recreational and so- modern age of agriculture in the 2000s, tremely impressed by his close atten- cial opportunities in a safe, modern fa- the West Farm has withstood the test tion to detail, flexibility, and unflinch- cility. I salute the entire Springdale of time and has remained committed to ing dedication to his work. I know community as they celebrate the 15th preserving the farming way of life. many of my colleagues felt the same anniversary of this unique gathering Arkansas’s farm families are critical way, and it is therefore no surprise place in the heart of northwest Arkan- to our nation’s economic stability. We that Colonel Root was often requested sas.∑ must work to continue the farm family by name to help assist in the planning tradition, so families such as the West f and coordination of congressional fact- Family are able to maintain their live- finding and oversight delegations. RECOGNIZING THE WEST FAMILY lihoods and continue to help provide And so, once again, it is a great ∑ Mrs. LINCOLN. Mr. President, today the safe, abundant, and affordable food honor to be able to congratulate Colo- I recognize the West Family of Prairie supply that feeds our own country and nel Root today on this seminal Grove as they celebrate 150 years in Ar- the world and that is essential to our achievement. His unwavering commit- kansas farming. I commend them for own economic stability. I salute the ment to serving his country as a pro- achieving this significant milestone. West Family and all Arkansas farm fessional soldier in the Army is truly As a seventh-generation Arkansan and families for their hard work and dedi- laudable, and I would like to extend my farmer’s daughter, and as chairman of cation. ∑ sincere thanks to him for his years of the Senate Agriculture Committee, I f service. Colonel Root, and all of the understand firsthand and appreciate EUREKA SPRINGS, ARKANSAS men and women of our Armed Forces, the hard work and contributions of our ∑ Mrs. LINCOLN. Mr. President, today are an indispensable asset to this coun- farm families. I am proud to share the I recognize the city of Eureka Springs try, and I hope my colleagues will join story of the West Family Farm with in my home State of Arkansas as local me today in honoring this top-notch you today. residents celebrate two major awards soldier and dear friend, and wonderful One hundred and fifty years ago, human being.∑ for their community. Robert J. West homesteaded land two The American Planning Association f miles north of Prairie Grove, AR, in a recently designated Spring Street in 15TH ANNIVERSARY OF THE JONES community called Viney Grove after Eureka Springs as one of the 10 Great CENTER moving to Arkansas from Tennessee in Streets for 2010 under the organiza- 1860. ∑ Mrs. LINCOLN. Mr. President, today tion’s Great Places in America pro- On December 7, 1862, the family I commemorate the 15th anniversary of gram. According to the association, watched from the hilltop of their farm the opening of the Jones Center For Spring Street exemplifies ‘‘exceptional as the Battle of Prairie Grove played Families in my home State of Arkan- character in a community of lasting out in the valley less than a mile away. sas. The Jones Center, located in value.’’ The street was singled out for Springdale, is a 220,000 square foot fa- Union soldiers used their home as a its originality and unique characteris- cility that provides educational, rec- make-shift hospital following the tics. reational, health, and community pro- bloody battle. Historical records indi- Eureka Springs was also recognized grams and various services to individ- cate that the West Farm was even con- nationally as a 2010 Top 25 Arts Des- uals and families across northwest Ar- sidered as a location for the University tination by American Style Magazine. kansas. of Arkansas before it was founded in This is the sixth year the community The center will celebrate its 15th Fayetteville in 1871. has received this honor, which recog- birthday with a public festival on Sun- Generation after generation, the nizes public support for artists, arts in- day, October 24, featuring a proclama- West family has dedicated itself to be- stitutions, galleries and festivals, and tion by Springdale mayor Doug coming a successful Arkansas farming the contribution of the arts to the Sprouse and family activities including operation. Current owner and operator local community. children’s crafts and games, pumpkin Randy West has lived and worked on I salute the residents of Eureka painting, live music, birthday cake, the farm his whole life, just as his fa- Springs for their efforts to maintain and ice cream. The event will be open ther, grandfather and great grand- the heritage, culture, and history of to the community free of charge, in- father did before him. He has com- their community. I have been proud to cluding access to all swimming pools mitted his life to improving the farm’s visit Eureka Springs and Spring and the ice skating rink. profitability, sustainability and effi- Street, and I join all my fellow Arkan- The Jones Center opened in 1995 as a ciency while raising a family with the sans to express our pride in this jewel gift to the community from the late lessons and values of rural living. of our State.∑ Randy and his wife Cheryl work to- Mrs. Bernice Young Jones, wife of Har- f vey Jones, founder of the Jones Truck gether on the farm as they operate a Lines. According to its mission state- Bermuda grass hay business that pro- RECOGNIZING MCGEHEE CHAMBER ment, the center is proud to provide a duces between 50,000 and 70,000 square HONOREES place where ‘‘all are welcome’’ in the bales annually on the farm’s 455 total ∑ Mrs. LINCOLN. Mr. President, today heart of northwest Arkansas. In keep- acres. They also run a poultry oper- I recognize McGehee residents and ing with Mrs. Jones’ wish that no one ation consisting of three broiler their families who were recently hon- be turned away, the center offers facili- houses. ored by the McGehee Chamber of Com- ties and services at minimal or no cost In 1991, the farm was recognized as merce for their outstanding efforts for to everyone regardless of age, race, the Washington County Farm Family their community. Honorees are: gender, religion, or economic status. of the Year and the Northwest District Man of the Year: Mr. Jim Daniels. Under the leadership of Rick Farm Family of the Year. In 2003, the Woman of the Year: Ms. Cindy McCullough, executive director, the farm was recognized by Tyson Foods as Smith.

VerDate Mar 15 2010 03:04 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.028 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7958 CONGRESSIONAL RECORD — SENATE November 17, 2010 Volunteer of the Year: JW Lehman metal for war material. Betty, taking rienced it, the Bataan Death March Community Service Award, Ms. Helen an active role in Selma’s drive, secured marked the end of lives that made up Linn Conway. the gift of the old Cahaba Bridge from in courage what they lacked in length. Business of the Year: Delta Pest Con- Dallas County, a locomotive and track For Eliseo ‘‘Cheo’’ Lopez a native of trol, Bill and Doris Lawrence. from the local railroad, and old buses Springer, NM, this atrocity was only Educator of the Year: Ms. Yogi Den- from Clarence Agee Bus Company. the beginning of a life lived to the full- ton, McGehee High School. Her success in the scrap metal drive est. That life ended on November 11 Desha County Farm Family: Norris earned her the privilege of being se- after 92 years. Fittingly, November 11 and Jamie Sims. lected to travel to Mobile to christen is Veterans Day, a day where our Na- Mr. President, we should all embrace the William C. Gorgas, a Liberty Ship tion pauses to honor and remember the the spirit of service and volunteerism named by the students at Selma Junior veterans who sacrificed so much to on display by these deserving individ- High School. The trip was memorable keep our country safe. uals. I send my heartfelt congratula- for Betty, as she once recalled chris- The brave Americans who fought at tions to the entire McGehee commu- tening the ship, ‘‘[E]xcept it took me Bataan were heroes in a story that was nity.∑ more than once to smash the bottle of central to the broader story of Allied f champagne.’’ victory in World War II. It is a story Following her graduation from Al- too few Americans know. The soldiers ST. JOHN AFRICAN METHODIST bert G. Parrish High School, Betty em- who fought at Bataan helped slow the EPISCOPAL CHURCH barked on her professional career. Her Japanese advance at the beginning of ∑ Mr. NELSON of Nebraska. Mr. Presi- penchant for business and sense of the war in Asia, which would eventu- dent, today I pay tribute to a historic style quickly earned her a position in ally give Allied troops the time to reor- church in Omaha, NE, which celebrated Louise Martindale’s dress shop. As a ganize and reverse Japan’s progress. its 145th anniversary on November 13, self-described ‘‘conscientious mother Thanks to the heroism of these troops, 2010. St. John African Methodist Epis- and housewife,’’ Betty proved to be America was able to recover from copal—A.M.E.—Church was founded in more than capable of balancing her Pearl Harbor and take the fight to the 1865 and continues to host a thriving home and her work. While raising her Axis powers in Asia and the Pacific Is- congregation in north Omaha’s minor- three sons, Johnny, Vick, and Jimmy, lands, leading to V-J day in 1945. ity community. Betty also worked as a receptionist in When the troops in Bataan were fi- The current church structure is list- several local offices and businesses, nally forced to surrender, they faced ed on the National Register of Historic and later served as the social editor at inhumane conditions and atrocities at Places, having been designed by Clar- the Selma Times-Journal. the hands of their captors. By the time In 1970, Betty began her career as an ence W. Wigington, who grew up in they were rescued, toward the end of aide to some of Alabama’s political fig- Omaha, becoming Nebraska’s first Afri- the war, half of New Mexico’s 1,800 sol- ures, including U.S. Representatives can-American architect. He later went diers had died. Another 300 would die Bill Nichols, Walter Flowers, and Earl on to become the first municipal Afri- within a year of returning to the U.S. Hilliard. Betty also served with dis- can-American architect in the United as a result of complications related to tinction for 8 years in my office during States. their captivity. Mr. Lopez was forced my time in the U.S. House of Rep- St. John A.M.E. Church was orga- to work in copper mines as a slave la- resentatives. As a member of my staff, nized at the end of the Civil War, 2 borer and spent time in several Japa- years before Nebraska became a State. Betty helped countless Alabamians navigate Federal bureaucracy, many nese prison camps until he was rescued This institution endured challenging 1 times going above and beyond her call in September 1945 nearly 3 ⁄2 years after times of racial bigotry and hatred, he was captured. He was part of a which were unfortunately widespread of duty. Betty’s service to her community ex- brotherhood of troops belonging to the across America at the time. Maintain- tended far beyond her duties as a legis- 515th Coast Artillery Unit, of whom ing the church’s presence required the lative aide. As an expert on Selma his- only 69 are known to still be living. strength, courage, and faith of early tory, Betty was instrumental in the ef- The 515th, and all who fought in Ba- African-American leaders. fort to restore Cahawba, Alabama’s taan, played a crucial role in our coun- Today, St. John A.M.E. Church re- first capital. She also worked to revi- try’s history, showing valor that I be- mains a focal point in Omaha, NE; as talize Selma’s Water Avenue, one of lieve is deserving of a Congressional the congregation continues a 145-year the Nation’s most historic riverfront Gold Medal. tradition of ministering to the spir- streets. A true civic leader, Betty When he returned to New Mexico, Mr. itual, intellectual, physical, emotional served on the Alabama Sheriffs’ Boys Lopez went to work for a bank in his and environmental needs of the north Ranch Advisory Committee and as a hometown of Springer. He later left the ∑ Omaha community. member of the board of directors of the bank for a job with a manufacturing f Selma-Dallas County United Way. She company in California, where he TRIBUTE TO BETTY RIVES ALLEN was also the first woman named to the worked for more than 30 years. In 2003, CALLAWAY Selma-Dallas County Chamber of Com- Mr. Lopez was recognized as Alabama Ex-POW Veteran of the Year by the ∑ merce’s board of directors. Mr. SHELBY. Mr. President, today I In 1997, Betty moved from Selma to National Veterans Day Organization of wish to pay tribute to my good friend, Point Clear. However, in May, her life- Birmingham, AL. Betty Rives Allen Callaway, whom I long friends from Selma were glad to Mr. Lopez leaves behind his wife have known for many years. see her return home to live. Today, Katherine Young, who was raised in Betty was born January 17, 1928, in Betty enjoys spending time with her Las Vegas, NM, along with two daugh- Selma, AL, to Carolyn Young and son, Johnny, and daughter-in-law, Te- ters, two grandchildren, a brother, and Vickers Rives Allen. Raised in Old resa, as well as with her six grand- two sisters. He will be buried with full Town, Betty attended Byrd Elemen- children, Caroline, Allen, Ben, Michael, military honors this week at Santa Fe tary School, Selma Junior High Rachel Holt, and Clare. National Cemetery. School, and later, Albert G. Parrish I wish Betty much luck on the next Today, the town of Springer and all High School. As a young woman in phase of her life, and I ask this entire of New Mexico mourn a dear friend and Selma, Betty quickly became a fixture Senate to join me in recognizing and America marks the passing of a true in the community by donating her honoring the life and career of my good hero. I wish to honor Mr. Lopez’s mem- time and energy to various civic friend Betty Callaway.∑ ory. It will live on in the hearts of all causes. f who knew him.∑ In 1943, while Betty was a student at f Selma Junior High School, the United REMEMBERING ELISEO ‘‘CHEO’’ States was in the midst of World War LOPEZ MESSAGES FROM THE PRESIDENT II. In towns across America, civilians ∑ Mr. UDALL of New Mexico. Mr. Messages from the President of the were mobilizing scrap drives to collect President, for many of those who expe- United States were communicated to

VerDate Mar 15 2010 02:31 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.050 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7959 the Senate by Mr. Pate, one of his sec- United States Intelligence Community: tives, in which it originated, it was re- retaries. Mr. Maurice Sonnenberg of New York, solved, that the said bill do not pass, f NY. two-thirds of the House of Representa- tives not agreeing to pass the same. EXECUTIVE MESSAGES REFERRED At 12:28 p.m., a message from the As in executive session the Presiding House of Representatives, delivered by f Officer laid before the Senate messages Mrs. Cole, one of its reading clerks, an- MEASURES REFERRED from the President of the United nounced that the House has passed the States submitting sundry nominations following bills, in which it requests the The following bills were read the first and a withdrawal which were referred concurrence of the Senate: and the second times by unanimous to the appropriate committees. H.R. 5367. An act to amend title 11, District consent, and referred as indicated: (The nominations received today are of Columbia Official Code, to revise certain H.R. 5367. An act to amend title 11, District administrative authorities of the District of of Columbia Official Code, to revise certain printed at the end of the Senate pro- Columbia courts, to authorize the District of ceedings.) administrative authorities of the District of Columbia Public Defender Service to provide Columbia courts, to authorize the District of f professional liability insurance for officers Columbia Public Defender Service to provide and employees of the Service for claims re- MESSAGES FROM THE HOUSE professional liability insurance for officers lating to services furnished within the scope and employees of the Service for claims re- At 9:36 a.m., a message from the of employment with the service, and for lating to services furnished within the scope House of Representatives, delivered by other purposes. of employment with the Service, and for H.R. 5655. An act to designate the Little other purposes; to the Committee on Home- Mr. Novotny, one of its reading clerks, River Branch facility of the United States land Security and Governmental Affairs. announced that the House has passed Postal Service located at 140 NE 84th Street H.R. 5655. An act to designate the Little the following bills, in which it requests in Miami, Florida, as the ‘‘Jesse J. McCrary, River Branch facility of the United States Jr. Post Office’’. the concurrence of the Senate: Postal Service located at 140 NE 84th Street H.R. 5702. An act to amend the District of H.R. 6397. An act to amend section in Miami, Florida, as the ‘‘Jesse J. McCrary, Columbia Home Rule Act to reduce the wait- 101(a)(35) of the Immigration and Nationality Jr. Post Office’’; to the Committee on Home- ing period for holding special elections to fill Act to provide for a marriage for which the land Security and Governmental Affairs. vacancies in local offices in the District of parties are not physically in the presence of H.R. 5702. An act to amend the District of Columbia. each other due to service abroad in the Columbia Home Rule Act to reduce the wait- Armed Forces of the United States. H.R. 6237. An act to designate the facility of the United States Postal Service located ing period for holding special elections to fill The message also announced that the at 1351 2nd Street in Napa, California, as the vacancies in local offices in the District of House has passed the following bill, ‘‘Tom Kongsgaard Post Office Building’’. Columbia; to the Committee on Homeland without amendment: H.R. 6278. An act to amend the National Security and Governmental Affairs. Children’s Island Act of 1995 to expand allow- H.R. 6237. An act to designate the facility S. 1376. An act to restore immunization of the United States Postal Service located and sibling age exemptions for children able uses for Kingman and Heritage Islands by the District of Columbia, and for other at 1351 2nd Street in Napa, California, as the adopted by United States citizens under the ‘‘Tom Kongsgaard Post Office Building’’; to Hague Convention on Intercountry Adoption purposes. H.R. 6387. An act to designate the facility the Committee on Homeland Security and to allow their admission into the United Governmental Affairs. States. of the United States Postal Service located at 337 West Clark Street in Eureka, Cali- H.R. 6278. An act to amend the National The message further announced that fornia, as the ‘‘Sam Sacco Post Office Build- Children’s Island Act of 1995 to expand allow- the House has agreed to the following ing’’. able uses for Kingman and Heritage Islands concurrent resolution, in which it re- H.R. 6399. An act to improve certain ad- by the District of Columbia, and for other quests the concurrence of the Senate: ministrative operations of the Office of the purposes; to the Committee on Homeland Se- curity and Governmental Affairs. H. Con. Res. 328. Concurrent resolution ex- Architect of the Capitol, and for other pur- poses. H.R. 6387. An act to designate the facility pressing the sense of the Congress regarding of the United States Postal Service located the successful and substantial contributions The message further announced that at 337 West Clark Street in Eureka, Cali- of the amendments to the patent and trade- the House has passed the following bill fornia, as the ‘‘Sam Sacco Post Office Build- mark laws that were initially enacted in 1980 and joint resolution, without amend- ing’’; to the Committee on Homeland Secu- by Public Law 96–517 (commonly referred to ment: rity and Governmental Affairs. as the ‘‘Bayh-Dole Act’’) on the occasion of S. 3567. An act to designate the facility of H.R. 6399. An act to improve certain ad- the 30th anniversary of its enactment. the United States Postal Service located at ministrative operations of the Office of the The message also announced that the 100 Broadway in Lynbrook, New York, as the Architect of the Capitol, and for other pur- House has passed the following bill ‘‘Navy Corpsman Jeffry L. Wiener Post Of- poses; to the Committee on Rules and Ad- with amendments, in which it requests fice Building’’. ministration. the concurrence of the Senate: S. J. Res. 40. Joint resolution appointing The following concurrent resolution the day for the convening of the first session S. 3689. An act to clarify, improve, and cor- was read, and referred as indicated: of the One Hundred Twelfth Congress. rect the laws relating to copyrights. H. Con. Res. 328. Concurrent resolution ex- The message further announced that At 6:57 p.m., a message from the pressing the sense of the Congress regarding the House has agreed to the amend- House of Representatives, delivered by the successful and substantial contributions of the amendments to the patent and trade- ment of the Senate to the bill (H.R. Mrs. Cole, one of its reading clerks, an- mark laws that were initially enacted in 1980 5566) to amend title 18, United States nounced that the House has agreed to by Public Law 96–517 (commonly referred to Code, to prohibit interstate commerce the following concurrent resolution, in as the ‘‘Bayh-Dole Act’’) on the occasion of in animal crush videos, and for other which it requests the concurrence of the 30th anniversary of its enactment; to the purposes, with an amendment, in which the Senate: Committee on the Judiciary. it requests the concurrence of the Sen- H. Con. Res. 332. Concurrent resolution ate. providing for a conditional adjournment of f The message also announced that the House of Representatives and a condi- MEASURES READ THE FIRST TIME pursuant to Section 1002 of the Intel- tional recess or adjournment of the Senate. ligence Authorization Act for Fiscal The message also announced that the The following bills were read the first Year 2003 (Public Law 107–306) as House having proceeded to reconsider time: amended by section 701(a)(3) of the In- the bill (H.R. 3808) to require any Fed- S. 3962. A bill to authorize the cancellation telligence Authorization Act for Fiscal eral or State court to recognize any no- of removal and adjustment of status of cer- Year 2010 (Public Law 111–259), and the tarization made by a notary public li- tain alien students who are long-term United other of the House of January 6, 2009, censed by a State other than the State States residents and who entered the United the Speaker appointed the following where the court is located when such States as children and for other purposes. S. 3963. A bill to authorize the cancellation member on the part of the House of notarization occurs in or affects inter- of removal and adjustment of status of cer- Representatives to the National Com- state commerce, returned by the Presi- tain alien students who are long-term United mission for the Review of the Research dent of the United States with his ob- States residents and who entered the United and Development Programs of the jections, to the House of Representa- States as children and for other purposes.

VerDate Mar 15 2010 02:31 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.086 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7960 CONGRESSIONAL RECORD — SENATE November 17, 2010 EXECUTIVE AND OTHER EC–7773. A communication from the Sec- to the actions and policies of the Govern- COMMUNICATIONS retary of Defense, transmitting a report on ment of Sudan as declared in Executive the approved retirement of General Stephen Order 13067 of November 3, 1997; to the Com- The following communications were R. Lorenz, United States Air Force, and his mittee on Banking, Housing, and Urban Af- laid before the Senate, together with advancement to the grade of general on the fairs. accompanying papers, reports, and doc- retired list; to the Committee on Armed EC–7785. A communication from the Presi- uments, and were referred as indicated: Services. dent of the United States, transmitting, pur- EC–7765. A communication from the Con- EC–7774. A communication from the Sec- suant to law, a report on the continuation of gressional Review Coordinator, Animal and retary of Defense, transmitting a report on the national emergency declared in Execu- Plant Health Inspection Service, Department the approved retirement of General Roger A. tive Order 13413 of October 27, 2006 with re- of Agriculture, transmitting, pursuant to Brady, United States Air Force, and his ad- spect to blocking the property of persons law, the report of a rule entitled ‘‘Removal vancement to the grade of general on the re- contributing to the conflict taking place in of Varietal Restrictions on Apples from tired list; to the Committee on Armed Serv- the Democratic Republic of the Congo; to the Japan’’ (Docket No. APHIS–2009–0020) re- ices. Committee on Banking, Housing, and Urban EC–7775. A communication from the Under ceived during adjournment of the Senate in Affairs. Secretary of Defense (Personnel and Readi- EC–7786. A communication from the Chair- the Office of the President of the Senate on ness), transmitting the report of an officer man and President of the Export-Import October 27, 2010; to the Committee on Agri- authorized to wear the insignia of the grade Bank, transmitting, pursuant to law, a re- culture, Nutrition, and Forestry. of major general in accordance with title 10, port relative to transactions involving U.S. EC–7766. A communication from the Direc- United States Code, section 777; to the Com- exports to South Africa; to the Committee tor of the Regulatory Review Group, Com- mittee on Armed Services. on Banking, Housing, and Urban Affairs. modity Credit Corporation, Department of EC–7776. A communication from the Under EC–7787. A communication from the Chair- Agriculture, transmitting, pursuant to law, Secretary of Defense (Personnel and Readi- man and President of the Export-Import the report of a rule entitled ‘‘Biomass Crop ness), transmitting the report of an officer Bank, transmitting, pursuant to law, a re- Assistance Program’’ (RIN0560–AH92) re- authorized to wear the insignia of the grade port relative to transactions involving U.S. ceived during adjournment of the Senate in of rear admiral (lower half) in accordance exports to Spain; to the Committee on Bank- the Office of the President of the Senate on with title 10, United States Code, section 777; ing, Housing, and Urban Affairs. October 27, 2010; to the Committee on Agri- to the Committee on Armed Services. EC–7788. A communication from the Dep- culture, Nutrition, and Forestry. EC–7777. A communication from the Under uty General Counsel, Office of the General EC–7767. A communication from the Sec- Secretary of Defense (Comptroller), Depart- Counsel, National Credit Union Administra- retary of Agriculture, transmitting, pursu- ment of Defense, transmitting, pursuant to tion, transmitting, pursuant to law, the re- ant to law, a report relative to (21) vacancies law, a quarterly report entitled, ‘‘Acceptance port of a rule entitled ‘‘The Low-Income Def- in the Department of Agriculture; to the of Contributions for Defense Programs, inition’’ (RIN3133–AD75) received in the Of- Committee on Agriculture, Nutrition, and Projects, and Activities; Defense Coopera- fice of the President of the Senate on Octo- Forestry. tion Account’’; to the Committee on Armed ber 19, 2010; to the Committee on Banking, EC–7768. A communication from the Con- Services. Housing, and Urban Affairs. gressional Review Coordinator, Animal and EC–7778. A communication from the Assist- EC–7789. A communication from the Gen- Plant Health Inspection Service, Department ant Secretary of the Army (Civil Works), eral Counsel of the National Credit Union of Agriculture, transmitting, pursuant to transmitting, pursuant to law, a report rel- Administration, transmitting, pursuant to law, the report of a rule entitled ‘‘Importa- ative to the Department’s projects, or sepa- law, the report of a rule entitled ‘‘Truth in tion of Mexican Hass Avocados; Additional rable elements of projects, which have been Savings’’ (RIN3133–AD72) received during ad- Shipping Options’’ (Docket No. APHIS–2008– authorized, but for which no funds have been journment of the Senate in the Office of the 0016) received in the Office of the President obligated for planning, design or construc- President of the Senate on October 21, 2010; of the Senate on November 1, 2010; to the tion during the preceding five full fiscal to the Committee on Banking, Housing, and Committee on Agriculture, Nutrition, and years; to the Committee on Armed Services. Urban Affairs. Forestry. EC–7779. A communication from the Under EC–7790. A communication from the Gen- EC–7769. A communication from the Assist- Secretary of Defense (Acquisition, Tech- eral Counsel of the National Credit Union ant Secretary, Bureau of Political-Military nology, and Logistics), transmitting, pursu- Administration, transmitting, pursuant to Affairs, Department of State, transmitting, ant to law, a report relative to the full life- law, the report of a rule entitled ‘‘Short- pursuant to law, an addendum to a certifi- cycle costs of munitions; to the Committee Term, Small Amount Loans’’ (RIN3133–AD71) cation, transmittal number: DDTC 10–096, of on Armed Services. received during adjournment of the Senate the proposed sale or export of defense arti- EC–7780. A communication from the Under in the Office of the President of the Senate cles, including technical data, and defense Secretary of Defense (Comptroller), trans- on October 21, 2010; to the Committee on services to a Middle East country regarding mitting, pursuant to law, a report relative to Banking, Housing, and Urban Affairs. any possible effects such a sale might have transfer authorities used in fiscal year 2010; EC–7791. A communication from the Gen- relating to Israel’s Qualitative Military Edge to the Committee on Armed Services. eral Counsel of the National Credit Union over military threats to Israel; to the Com- EC–7781. A communication from the Under Administration, transmitting, pursuant to mittee on Armed Services. Secretary of Defense (Personnel and Readi- law, the report of a rule entitled ‘‘Secondary EC–7770. A communication from the Assist- ness), transmitting, pursuant to law, a re- Capital Accounts’’ (RIN3133–AD67) received ant Secretary, Bureau of Political-Military port relative to Reserve component equip- during adjournment of the Senate in the Of- Affairs, Department of State, transmitting, ment delivery; to the Committee on Armed fice of the President of the Senate on Octo- pursuant to law, an addendum to a certifi- Services. ber 21, 2010; to the Committee on Banking, cation, transmittal number: DDTC 10–104, of EC–7782. A communication from the Direc- Housing, and Urban Affairs. the proposed sale or export of defense arti- tor of Defense Procurement and Acquisition EC–7792. A communication from the Gen- cles, including technical data, and defense Policy, Department of Defense, transmit- eral Counsel of the National Credit Union services to a Middle East country regarding ting, pursuant to law, the report of a rule en- Administration, transmitting, pursuant to any possible effects such a sale might have titled ‘‘Defense Federal Acquisition Regula- law, the report of a rule entitled ‘‘Fixed As- relating to Israel’s Qualitative Military Edge tion Supplement; Continuation of Essential sets, Member Business Loans, and Regu- over military threats to Israel; to the Com- Contractor Services’’ ((RIN0750–AG52) latory Flexibility Program’’ (RIN3133–AD68) mittee on Armed Services. (DFARS Case 2009–D017)) received during ad- received in the Office of the President of the EC–7771. A communication from the Direc- journment of the Senate in the Office of the Senate on November 10, 2010; to the Com- tor of Defense Procurement and Acquisition President of the Senate on October 25, 2010; mittee on Banking, Housing, and Urban Af- Policy, Department of Defense, transmit- to the Committee on Armed Services. fairs. ting, pursuant to law, the report of a rule en- EC–7783. A communication from the Direc- EC–7793. A communication from the Gen- titled ‘‘Defense Federal Acquisition Regula- tor of Defense Procurement and Acquisition eral Counsel of the National Credit Union tion Supplement; Continuation of Current Policy, Department of Defense, transmit- Administration, transmitting, pursuant to Contracts—Deletion of Redundant Text’’ ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Prompt (DFARS Case 2010–D016) received during ad- titled ‘‘Defense Federal Acquisition Regula- Corrective Action; Amended Definition of journment of the Senate in the Office of the tion Supplement; Electronic Subcontracting Low-Risk Assets’’ (RIN3133–AD81) received in President of the Senate on October 27, 2010; Reporting System’’ (DFARS Case 2009–D002) the Office of the President of the Senate on to the Committee on Armed Services. received during adjournment of the Senate November 10, 2010; to the Committee on EC–7772. A communication from the Assist- in the Office of the President of the Senate Banking, Housing, and Urban Affairs. ant Secretary, Legislative Affairs, Depart- on October 21, 2010; to the Committee on EC–7794. A communication from the Gen- ment of State, transmitting, pursuant to Armed Services. eral Counsel of the National Credit Union law, a report relative to current military, EC–7784. A communication from the Presi- Administration, transmitting, pursuant to diplomatic, political, and economic measures dent of the United States, transmitting, pur- law, the report of a rule entitled ‘‘Corporate that are being or have been undertaken; to suant to law, a report relative to the con- Credit Unions’’ (RIN3133–AD58) received in the Committee on Armed Services. tinuation of the national emergency relative the Office of the President of the Senate on

VerDate Mar 15 2010 02:31 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.071 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7961 November 10, 2010; to the Committee on curities and Exchange Commission, trans- EC–7811. A communication from the Direc- Banking, Housing, and Urban Affairs. mitting, pursuant to law, the report of a rule tor of the Regulatory Management Division, EC–7795. A communication from the Asso- entitled ‘‘Interim Rule for Reporting Pre-en- Office of Policy, Economics, and Innovation, ciate Director, Office of Foreign Assets Con- actment Security Based Swap Transactions’’ Environmental Protection Agency, transmit- trol, Department of the Treasury, transmit- (RIN3235–AK73) received during adjournment ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- of the Senate in the Office of the President titled ‘‘Change of Addresses for Submission titled ‘‘North Korea Sanctions Regulations’’ of the Senate on October 17, 2010; to the Com- of Certain Reports; Technical Correction’’ (31 CFR Part 510) received during adjourn- mittee on Banking, Housing, and Urban Af- (FRL No. 9221–7) received during adjourn- ment of the Senate in the Office of the Presi- fairs. ment of the Senate in the Office of the Presi- dent of the Senate on November 2, 2010; to EC–7804. A communication from the Asso- dent of the Senate on November 2, 2010; to the Committee on Banking, Housing, and ciate General Counsel for Legislation and the Committee on Environment and Public Urban Affairs. Regulations, Office of Public and Indian Works. EC–7796. A communication from the Gen- Housing, Department of Housing and Urban EC–7812. A communication from the Direc- eral Counsel of the Federal Housing Finance Development, transmitting, pursuant to law, tor of the Regulatory Management Division, Agency, transmitting, pursuant to law, the the report of a rule entitled ‘‘Use of Public Office of Policy, Economics, and Innovation, report of a rule entitled ‘‘Equal Access to Housing Capital Funds for Financing Activi- Environmental Protection Agency, transmit- Justice Act Implementation’’ (RIN2590– ties’’ (RIN2577–AC49) received in the Office of ting, pursuant to law, the report of a rule en- AA29) received in the Office of the President the President of the Senate on October 29, titled ‘‘Delegation of National Emission of the Senate on October 29, 2010; to the Com- 2010; to the Committee on Banking, Housing, Standards for Hazardous Air Pollutants for mittee on Banking, Housing, and Urban Af- and Urban Affairs. Source Categories; State of Nevada; Clark fairs. EC–7805. A communication from the Assist- County Department of Air Quality and Envi- EC–7797. A communication from the Dep- ant General Counsel for Legislation, Regula- ronmental Management’’ (FRL No. 9219–5) uty to the Chairman, Federal Deposit Insur- tion and Energy Efficiency, Department of received during adjournment of the Senate ance Corporation, transmitting, pursuant to Energy, transmitting, pursuant to law, the in the Office of the President of the Senate law, the report of a rule entitled ‘‘Commu- report of a rule entitled ‘‘Energy Conserva- on November 2, 2010; to the Committee on nity Reinvestment Act Regulations’’ tion Program for Consumer Products: Test Environment and Public Works. (RIN1557–AD24) received during adjournment Procedures for Residential Furnaces and EC–7813. A communication from the Direc- of the Senate in the Office of the President Boilers (Standby Mode and Off Mode)’’ tor of the Regulatory Management Division, of the Senate on October 21, 2010; to the Com- (RIN1904–AB89) received during adjournment Office of Policy, Economics, and Innovation, mittee on Banking, Housing, and Urban Af- of the Senate in the Office of the President Environmental Protection Agency, transmit- fairs. of the Senate on October 21, 2010; to the Com- ting, pursuant to law, the report of a rule en- EC–7798. A communication from the Chief mittee on Energy and Natural Resources. titled ‘‘Determinations of Attainment by the Counsel, Federal Emergency Management EC–7806. A communication from the Direc- Applicable Attainment Date for the Hayden, Agency, Department of Homeland Security, tor, Office of Hearings and Appeals, Depart- Nogales, Paul Spur/Douglas PM10 Nonattain- transmitting, pursuant to law, the report of ment of the Interior, transmitting, pursuant ment Areas, Arizona’’ (FRL No. 9219–7) re- a rule entitled ‘‘Suspension of Community to law, the report of a rule entitled ‘‘Interior ceived during adjournment of the Senate in Eligibility’’ ((44 CFR Part 64) (Internal Agen- Board of Land Appeals and Other Appeals the Office of the President of the Senate on cy Docket No. FEMA–8153)) received during Procedures’’ (RIN1094–AA53) received during November 2, 2010; to the Committee on Envi- adjournment of the Senate in the Office of adjournment of the Senate in the Office of ronment and Public Works. the President of the Senate on October 21, the President of the Senate on October 27, EC–7814. A communication from the Direc- 2010; to the Committee on Energy and Nat- 2010; to the Committee on Banking, Housing, tor of the Regulatory Management Division, ural Resources. and Urban Affairs. Office of Policy, Economics, and Innovation, EC–7807. A communication from the Prin- EC–7799. A communication from the Chief Environmental Protection Agency, transmit- cipal Deputy General Counsel, Federal En- Counsel, Federal Emergency Management ting, pursuant to law, the report of a rule en- ergy Regulatory Commission, transmitting, Agency, Department of Homeland Security, titled ‘‘Direct Final Rule Staying Numeric pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of Limitation for the Construction and Devel- ‘‘Credit Reforms in Organized Wholesale a rule entitled ‘‘Final Flood Elevation Deter- opment Point Source Category’’ (FRL No. Electric Markets’’ (RIN1902–AD89) received minations’’ ((44 CFR Part 67) (Docket No. 9222–2) received during adjournment of the in the Office of the President of the Senate FEMA–2010–0003)) received during adjourn- Senate in the Office of the President of the on October 29, 2010; to the Committee on En- ment of the Senate in the Office of the Presi- ergy and Natural Resources. Senate on November 2, 2010; to the Com- dent of the Senate on October 21, 2010; to the EC–7808. A communication from the Dep- mittee on Environment and Public Works. Committee on Banking, Housing, and Urban uty Assistant Secretary, Bureau of Land EC–7815. A communication from the Direc- Affairs. Management, Department of the Interior, tor of the Regulatory Management Division, EC–7800. A communication from the Dep- transmitting, pursuant to law, the report of Office of Policy, Economics, and Innovation, uty Assistant Secretary for Export Adminis- a rule entitled ‘‘Promotion of Development, Environmental Protection Agency, transmit- tration, Bureau of Industry and Security, Reduction of Royalty Rates for Stripper Well ting, pursuant to law, the report of a rule en- Department of Commerce, transmitting, pur- and Heavy Oil Properties’’ (RIN1004–AE04) titled ‘‘Revisions to In-Use Testing for suant to law, the report of a rule entitled received during adjournment of the Senate Heavy-Duty Diesel Engines and Vehicles; ‘‘Additions to the List of Validated End- in the Office of the President of the Senate Emissions Measurement and Instrumenta- Users in the People’s Republic of China: on October 27, 2010; to the Committee on En- tion; Not-to-Exceed Emission Standards; and Hynix Semiconductor China Ltd., Hynix ergy and Natural Resources. Technical Amendments for Off-Highway En- Semiconductor (Wuxi) Ltd. and Lam Re- EC–7809. A communication from the Direc- gines’’ (FRL No. 9220–6) received during ad- search Corporation’’ (RIN0694–AE95) received tor of the Regulatory Management Division, journment of the Senate in the Office of the in the Office of the President of the Senate Office of Policy, Economics, and Innovation, President of the Senate on November 2, 2010; on October 19, 2010; to the Committee on Environmental Protection Agency, transmit- to the Committee on Environment and Pub- Banking, Housing, and Urban Affairs. ting, pursuant to law, the report of a rule en- lic Works. EC–7801. A communication from the Legal titled ‘‘Approval and Promulgation of Air EC–7816. A communication from the Direc- Information Assistant, Office of Thrift Su- Quality Implementation Plans; Illinois; tor of the Regulatory Management Division, pervision, Department of the Treasury, Volatile Organic Compound Site-Specific Office of Policy, Economics, and Innovation, transmitting, pursuant to law, the report of State Implementation Plan for Abbott Lab- Environmental Protection Agency, transmit- a rule entitled ‘‘Definitions for Regulations oratories’’ (FRL No. 9212–8) received during ting, pursuant to law, the report of a rule en- Affecting All Savings Associations; Money adjournment of the Senate in the Office of titled ‘‘Approval and Promulgation of Air Market Deposit Accounts’’ (RIN1550–AC40) the President of the Senate on November 2, Quality Implementation Plans; Ohio; Ohio received during adjournment of the Senate 2010; to the Committee on Environment and Ambient Air Quality Standards’’ (FRL No. in the Office of the President of the Senate Public Works. 9209–1) received during adjournment of the on October 27, 2010; to the Committee on EC–7810. A communication from the Direc- Senate in the Office of the President of the Banking, Housing, and Urban Affairs. tor of the Regulatory Management Division, Senate on October 21, 2010; to the Committee EC–7802. A communication from the Sec- Office of Policy, Economics, and Innovation, on Environment and Public Works. retary, Division of Investment Management, Environmental Protection Agency, transmit- EC–7817. A communication from the Direc- Securities and Exchange Commission, trans- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, mitting, pursuant to law, the report of a rule titled ‘‘Approval and Promulgation of Imple- Office of Policy, Economics, and Innovation, entitled ‘‘Withdrawal of Indexed Annuity mentation Plans; Albuquerque/Bernalillo Environmental Protection Agency, transmit- Rule’’ (RIN3235–AK16) received in the Office County, New Mexico; Interstate Transport of ting, pursuant to law, the report of a rule en- of the President of the Senate on October 19, Pollution’’ (FRL No. 9221–4) received during titled ‘‘Approval and Promulgation of Air 2010; to the Committee on Banking, Housing, adjournment of the Senate in the Office of Quality Implementation Plans; Ohio; Partic- and Urban Affairs. the President of the Senate on November 2, ulate Matter Standards’’ (FRL No. 9215–2) re- EC–7803. A communication from the Sec- 2010; to the Committee on Environment and ceived during adjournment of the Senate in retary, Division of Trading and Markets, Se- Public Works. the Office of the President of the Senate on

VerDate Mar 15 2010 03:53 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.072 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7962 CONGRESSIONAL RECORD — SENATE November 17, 2010 October 21, 2010; to the Committee on Envi- Internal Revenue Service, Department of the (RIN1545–BI28) received during adjournment ronment and Public Works. Treasury, transmitting, pursuant to law, the of the Senate in the Office of the President EC–7818. A communication from the Direc- report of a rule entitled ‘‘Limitations on of the Senate on November 7, 2010; to the tor of the Regulatory Management Division, Qualified Residence Interest’’ (Rev. Rul. Committee on Finance. Office of Policy, Economics, and Innovation, 2010–25) received in the Office of the Presi- EC–7836. A communication from the Chief Environmental Protection Agency, transmit- dent of the Senate on October 19, 2010; to the of the Publications and Regulations Branch, ting, pursuant to law, the report of a rule en- Committee on Finance. Internal Revenue Service, Department of the titled ‘‘Approval and Promulgation of Air EC–7827. A communication from the Chief Treasury, transmitting, pursuant to law, the Quality Implementation Plans; Rhode Is- of the Publications and Regulations Branch, report of a rule entitled ‘‘Update of Weighted land; Determination of Attainment of the Internal Revenue Service, Department of the Average Interest Rates, Yield Curves, and 1997 Ozone Standard for the Providence, Treasury, transmitting, pursuant to law, the Segment Rates’’ (Notice 2010–70) received Rhode Island Area’’ (FRL No. 9215–9) re- report of a rule entitled ‘‘Shoukri Osman during adjournment of the Senate in the Of- ceived during adjournment of the Senate in Saleh Abdel-Fattah v. Commissioner, 134 fice of the President of the Senate on No- the Office of the President of the Senate on T.C. No. 10’’ (IRB No.: 2010–47) received in the vember 7, 2010; to the Committee on Finance. October 21, 2010; to the Committee on Envi- Office of the President of the Senate on Oc- EC–7837. A communication from the Chief ronment and Public Works. tober 19, 2010; to the Committee on Finance. of the Trade and Commercial Regulations EC–7819. A communication from the Direc- EC–7828. A communication from the Chief Branch, Customs and Border Protection, De- tor of the Regulatory Management Division, of the Publications and Regulations Branch, partment of Homeland Security, transmit- Office of Policy, Economics, and Innovation, Internal Revenue Service, Department of the ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the titled ‘‘Extension of Import Restrictions Im- ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Dyed Diesel Fuel posed on Certain Categories of Archae- titled ‘‘Approval and Promulgation of Imple- and Kerosene: Nontaxable Use; Alaska’’ (No- ological Material From the Pre-Hispanic mentation Plans; Illinois; Voluntary Nitro- tice No. 2010–68) received in the Office of the Cultures of the Republic of Nicaragua’’ gen Oxides Controls’’ (FRL No. 9215–8) re- President of the Senate on October 19, 2010; (RIN1515–AD70) received in the Office of the ceived during adjournment of the Senate in to the Committee on Finance. President of the Senate on October 19, 2010; the Office of the President of the Senate on EC–7829. A communication from the Chief to the Committee on Finance. October 21, 2010; to the Committee on Envi- of the Publications and Regulations Branch, EC–7838. A communication from the Assist- ronment and Public Works. Internal Revenue Service, Department of the ant Secretary of the Employment and Train- EC–7820. A communication from the Direc- Treasury, transmitting, pursuant to law, the ing Administration, Department of Labor, tor of the Regulatory Management Division, report of a rule entitled ‘‘Production Tax transmitting, pursuant to law, the report of Office of Policy, Economics, and Innovation, Credit for Refined Coal’’ (Notice No. 2010–54) a rule entitled ‘‘Federal-State Unemploy- Environmental Protection Agency, transmit- received in the Office of the President of the ment Compensation Program; Funding Goals ting, pursuant to law, the report of a rule en- Senate on October 19, 2010; to the Committee for Interest-Free Advances’’ (RIN1205–AB53) titled ‘‘New Mexico: Final Authorization of on Finance. received during adjournment of the Senate State Hazardous Waste Management Pro- EC–7830. A communication from the Chief in the Office of the President of the Senate gram Revision’’ (FRL No. 9217–2) received of the Publications and Regulations Branch, on November 7, 2010; to the Committee on Fi- nance. during adjournment of the Senate in the Of- Internal Revenue Service, Department of the EC–7839. A communication from the Pro- fice of the President of the Senate on Octo- Treasury, transmitting, pursuant to law, the gram Manager, Centers for Medicare and report of a rule entitled ‘‘Basis Reporting by ber 21, 2010; to the Committee on Environ- Medicaid Services, Department of Health Securities Brokers and Basis Determination ment and Public Works. and Human Services, transmitting, pursuant EC–7821. A communication from the Direc- for Stock’’ (RIN1545–BI66) received in the Of- to law, the report of a rule entitled ‘‘Medi- tor of the Regulatory Management Division, fice of the President of the Senate on Octo- care Program; Medicare Part B Monthly Ac- Office of Policy, Economics, and Innovation, ber 19, 2010; to the Committee on Finance. tuarial Rates, Premium Rate, and Annual Environmental Protection Agency, transmit- EC–7831. A communication from the Chief Deductible Beginning January 1, 2011’’ ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, (RIN093–AP81) received in the Office of the Internal Revenue Service, Department of the titled ‘‘1-Propene, 2,3,3,3-tetrafluoro-; Sig- President of the Senate on November 10, Treasury, transmitting, pursuant to law, the nificant New Use Rule’’ (FRL No. 8846–8) re- 2010; to the Committee on Finance. ceived during adjournment of the Senate in report of a rule entitled ‘‘Hybrid Retirement EC–7840. A communication from the Pro- the Office of the President of the Senate on Plans’’ (RIN1545–BG36) received during ad- gram Manager, Centers for Medicare and October 27, 2010; to the Committee on Envi- journment of the Senate in the Office of the Medicaid Services, Department of Health ronment and Public Works. President of the Senate on October 27, 2010; and Human Services, transmitting, pursuant EC–7822. A communication from the Direc- to the Committee on Finance. to law, the report of a rule entitled ‘‘Medi- tor of the Regulatory Management Division, EC–7832. A communication from the Chief care Program; Part A Premiums for Cal- Office of Policy, Economics, and Innovation, of the Publications and Regulations Branch, endar Year 2011 for the Uninsured Aged and Environmental Protection Agency, transmit- Internal Revenue Service, Department of the for Certain Disabled Individuals Who Have ting, the Uniform Resource Locator (URL) Treasury, transmitting, pursuant to law, the Exhausted Other Entitlement’’ (RIN0938– for a report entitled ‘‘Guidance on the Plan- report of a rule entitled ‘‘Examination of Re- AP85) received in the Office of the President ning and Use of Special Accounts Funds’’; to turns and Claims for Refund, Credit, or of the Senate on November 10, 2010; to the the Committee on Environment and Public Abatement; Determination of Tax Liability’’ Committee on Finance. Works. (Rev. Proc. 2010–29) received during adjourn- EC–7841. A communication from the Pro- EC–7823. A communication from the Presi- ment of the Senate in the Office of the Presi- gram Manager, Centers for Medicare and dent of the United States, transmitting, pur- dent of the Senate on November 3, 2010; to Medicaid Services, Department of Health suant to law, notification of the designation the Committee on Finance. and Human Services, transmitting, pursuant of Irving A. Williamson as Vice Chair of the EC–7833. A communication from the Chief to law, the report of a rule entitled ‘‘Medi- United States International Trade Commis- of the Publications and Regulations Branch, care Program; Inpatient Hospital Deductible sion; to the Committee on Finance. Internal Revenue Service, Department of the and Hospital and Extended Care Services Co- EC–7824. A communication from the Chief Treasury, transmitting, pursuant to law, the insurance Amounts for Calendar Year 2011’’ of the Publications and Regulations Branch, report of a rule entitled ‘‘Credit for Carbon (RIN0938–AP86) received in the Office of the Internal Revenue Service, Department of the Dioxide Sequestration, 2010 Section 45Q In- President of the Senate on November 10, Treasury, transmitting, pursuant to law, the flation Adjustment Factor’’ (Notice 2010–75) 2010; to the Committee on Finance. report of a rule entitled ‘‘Section 457(b) Un- received in the Office of the President of the EC–7842. A communication from the Pro- foreseeable Emergency Guidance’’ (Rev. Rul. Senate on November 10, 2010; to the Com- gram Manager, Centers for Medicare and 2010–27) received during adjournment of the mittee on Finance. Medicaid Services, Department of Health Senate in the Office of the President of the EC–7834. A communication from the Chief and Human Services, transmitting, pursuant Senate on October 27, 2010; to the Committee of the Publications and Regulations Branch, to law, the report of a rule entitled ‘‘Home on Finance. Internal Revenue Service, Department of the Health Prospective Payment System Rate EC–7825. A communication from the Chief Treasury, transmitting, pursuant to law, the Update for Calendar Year 2011’’ (RIN0938– of the Publications and Regulations Branch, report of a rule entitled ‘‘Inflation Adjusted AP88) received during adjournment of the Internal Revenue Service, Department of the Items for 2011’’ (Rev. Proc. 2010–40) received Senate in the Office of the President of the Treasury, transmitting, pursuant to law, the during adjournment of the Senate in the Of- Senate on November 3, 2010; to the Com- report of a rule entitled ‘‘Applicable Federal fice of the President of the Senate on No- mittee on Finance. Rates—November 2010’’ (Rev. Rul. 2010–26) re- vember 3, 2010; to the Committee on Finance. EC–7843. A communication from the Sec- ceived during adjournment of the Senate in EC–7835. A communication from the Chief retary of Health and Human Services, trans- the Office of the President of the Senate on of the Publications and Regulations Branch, mitting, pursuant to law, a report entitled October 27, 2010; to the Committee on Fi- Internal Revenue Service, Department of the ‘‘Evaluation of the Cancer Prevention and nance. Treasury, transmitting, pursuant to law, the Treatment Demonstration for Ethnic and EC–7826. A communication from the Chief report of a rule entitled ‘‘Furnishing Identi- Racial Minorities: Second Report to Con- of the Publications and Regulations Branch, fying Number of Tax Return Preparer’’ gress’’; to the Committee on Finance.

VerDate Mar 15 2010 02:31 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.074 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7963 EC–7844. A communication from the Chief gram Integrity Issues’’ (RIN1840–AD02) re- Nondiscrimination Act’’ (RIN3046–AA84) re- of the Publications and Regulations Branch, ceived during adjournment of the Senate in ceived during adjournment of the Senate in Internal Revenue Service, Department of the the Office of the President of the Senate on the Office of the President of the Senate on Treasury, transmitting, pursuant to law, the October 21, 2010; to the Committee on November 2, 2010; to the Committee on report of a rule entitled ‘‘Tribal Economic Health, Education, Labor, and Pensions. Homeland Security and Governmental Af- Development Bonds—Extension of Deadline EC–7854. A communication from the Assist- fairs. to Issue Bonds’’ (Announcement 2010–88) re- ant General Counsel for Regulatory Services, EC–7864. A communication from the Dep- ceived in the Office of the President of the Office of Postsecondary Education, Depart- uty Associate Administrator of Acquisition Senate on November 10, 2010; to the Com- ment of Education, transmitting, pursuant Policy and Senior Procurement Executive, mittee on Finance. to law, the report of a rule entitled ‘‘Pro- Office of Acquisition Policy, General Serv- EC–7845. A communication from the Sec- gram Integrity: Gainful Employment—New ices Administration, transmitting, pursuant retary of Education, transmitting, pursuant Programs’’ (RIN1840–AD04) received during to law, the report of a rule entitled ‘‘Federal to law, the National Advisory Committee’s adjournment of the Senate in the Office of Acquisition Regulation; Offering a Construc- Annual Report on Institutional Quality and the President of the Senate on October 27, tion Requirement—8(a) Program’’ (RIN9000– Integrity for Fiscal Year 2010; to the Com- 2010; to the Committee on Health, Education, AL68) received during adjournment of the mittee on Health, Education, Labor, and Labor, and Pensions. Senate in the Office of the President of the Pensions. EC–7855. A communication from the Assist- Senate on November 7, 2010; to the Com- EC–7846. A communication from the Sec- ant General Counsel for Regulatory Services, mittee on Homeland Security and Govern- retary of Health and Human Services, trans- Office of Postsecondary Education, Depart- mental Affairs. mitting, pursuant to law, a report relative to ment of Education, transmitting, pursuant EC–7865. A communication from the Dep- the Community Services Block Act Discre- to law, the report of a rule entitled ‘‘Final uty Archivist, National Archives and tionary Activities: Community Economic Regulations—Foreign Institutions—Federal Records Administration, transmitting, pur- Development and Rural Facilities Programs Student Aid Program’’ (RIN1840–AD03) re- suant to law, the report of a rule entitled for Fiscal Year 2006; to the Committee on ceived during adjournment of the Senate in ‘‘National Historical Publications and Health, Education, Labor, and Pensions. the Office of the President of the Senate on Records Commission’’ (RIN3095–AB67) re- EC–7847. A communication from the Sec- October 27, 2010; to the Committee on ceived in the Office of the President of the retary of Health and Human Services, trans- Health, Education, Labor, and Pensions. Senate on November 1, 2010; to the Com- mitting, pursuant to law, a report entitled EC–7856. A communication from the Dep- mittee on Homeland Security and Govern- ‘‘Report to Congress on the Assets for Inde- uty Director for Operations, Legislative and mental Affairs. pendence Program—Status at the Conclusion Regulatory Department, Pension Benefit EC–7866. A communication from the Chair- of the Tenth Year’’; to the Committee on Guaranty Corporation, transmitting, pursu- man of the Council of the District of Colum- Health, Education, Labor, and Pensions. ant to law, the report of a rule entitled bia, transmitting, pursuant to law, a report EC–7848. A communication from the Sec- ‘‘Benefits Payable in Terminated Single-Em- on D.C. Act 18–544 ‘‘Land Acquisition for retary of Health and Human Services, trans- ployer Plans; Interest Assumptions for Pay- Housing Development Opportunities Pro- mitting, pursuant to law, the Fiscal Year ing Benefits’’ (29 CFR Part 4022) received gram Act of 2010’’; to the Committee on 2007 Biennial Report on the Status of Chil- during adjournment of the Senate in the Of- Homeland Security and Governmental Af- dren in Head Start Programs; to the Com- fice of the President of the Senate on Octo- fairs. mittee on Health, Education, Labor, and ber 27, 2010; to the Committee on Health, EC–7867. A communication from the Chair- Pensions. Education, Labor, and Pensions. man of the Council of the District of Colum- EC–7849. A communication from the Pro- EC–7857. A communication from the Presi- bia, transmitting, pursuant to law, a report gram Manager, Administration for Children dent of the United States, transmitting, pur- on D.C. Act 18–545 ‘‘Supermarket Tax Ex- and Families, Department of Health and suant to law, a report relative to Afghani- emption Clarification Temporary Amend- Human Services, transmitting, pursuant to stan and Pakistan; to the Committee on For- ment Act of 2010’’; to the Committee on law, the report of a rule entitled ‘‘State Sys- eign Relations. Homeland Security and Governmental Af- tems Advance Planning Document (APD) EC–7858. A communication from the Assist- fairs. Process’’ (RIN0970–AC33) received in the Of- ant Legal Adviser for Treaty Affairs, Depart- EC–7868. A communication from the Chair- fice of the President of the Senate on Octo- ment of State, transmitting, pursuant to the man of the Council of the District of Colum- ber 29, 2010; to the Committee on Health, Case—Zablocki Act, 1 U.S.C. 112b, as amend- bia, transmitting, pursuant to law, a report Education, Labor, and Pensions. ed, the report of the texts and background on D.C. Act 18–546 ‘‘14W and Anthony Bowen EC–7850. A communication from the Pro- statements of international agreements, YMCA Project Tax Abatement Implementa- gram Manager, Health Resources and Serv- other than treaties (List 2010–0160—2010– tion Clarification Temporary Act of 2010’’; to ices Administration, Department of Health 0170); to the Committee on Foreign Rela- the Committee on Homeland Security and and Human Services, transmitting, pursuant tions. Governmental Affairs. to law, the report of a rule entitled ‘‘Coun- EC–7859. A communication from the Assist- EC–7869. A communication from the Chair- termeasures Injury Compensation Program ant Secretary, Legislative Affairs, Depart- man of the Council of the District of Colum- (CICP): Administrative Implementation, In- ment of State, transmitting, pursuant to bia, transmitting, pursuant to law, a report terim Final Rule’’ (RIN0906–AA83) received law, a report of the convening of an Account- on D.C. Act 18–547 ‘‘Kelsey Gardens Redevel- during adjournment of the Senate in the Of- ability Review Board; to the Committee on opment Project Real Property Limited Tax fice of the President of the Senate on Octo- Foreign Relations. Abatement Assistance Clarification Tem- ber 21, 2010; to the Committee on Health, EC–7860. A communication from the Assist- porary Act of 2010’’; to the Committee on Education, Labor, and Pensions. ant Secretary, Bureau of Legislative Affairs, Homeland Security and Governmental Af- EC–7851. A communication from the Assist- Department of State, transmitting, pursuant fairs. ant Secretary, Employee Benefits Security to law, an annual report relative to the EC–7870. A communication from the Chair- Administration, Department of Labor, trans- United States Participation in the United man of the Council of the District of Colum- mitting, pursuant to law, the report of a rule Nations; to the Committee on Foreign Rela- bia, transmitting, pursuant to law, a report entitled ‘‘Fiduciary Requirements for Disclo- tions. on D.C. Act 18–548 ‘‘M.M. Washington Career sure in Participant-Directed Individual Ac- EC–7861. A communication from the Acting High School Redevelopment Grant Author- count Plans’’ (RIN1210–AB07) received during Deputy Assistant Administrator, Bureau for ization Temporary Act of 2010’’; to the Com- adjournment of the Senate in the Office of Legislative and Public Affairs, U.S. Agency mittee on Homeland Security and Govern- the President of the Senate on October 21, for International Development (USAID), mental Affairs. 2010; to the Committee on Health, Education, transmitting, pursuant to law, the fourth fis- EC–7871. A communication from the Chair- Labor, and Pensions. cal year 2010 quarterly report on unobligated man of the Council of the District of Colum- EC–7852. A communication from the Assist- and unexpended appropriated funds; to the bia, transmitting, pursuant to law, a report ant General Counsel for Regulatory Services, Committee on Foreign Relations. on D.C. Act 18–549 ‘‘DCPL Federal Grant Au- Office of Elementary and Secondary Edu- EC–7862. A communication from the Acting thorization Temporary Act of 2010’’; to the cation, Department of Education, transmit- Executive Secretary, U.S. Agency for Inter- Committee on Homeland Security and Gov- ting, pursuant to law, the report of a rule en- national Development (USAID), (4) four re- ernmental Affairs. titled ‘‘School Improvement Grants Program ports relative to vacancies in the Agency for EC–7872. A communication from the Chair- Notice of Final Requirements’’ (RIN1810– International Development (USAID), re- man of the Council of the District of Colum- AB06) received in the Office of the President ceived during adjournment of the Senate in bia, transmitting, pursuant to law, a report of the Senate on November 1, 2010; to the the Office of the President of the Senate on on D.C. Act 18–550 ‘‘Washington Convention Committee on Health, Education, Labor, and October 18, 2010; to the Committee on For- and Sports Authority Temporary Amend- Pensions. eign Relations. ment Act of 2010’’; to the Committee on EC–7853. A communication from the Assist- EC–7863. A communication from the Asso- Homeland Security and Governmental Af- ant General Counsel for Regulatory Services, ciate Legal Counsel, Equal Employment Op- fairs. Office of Postsecondary Education, Depart- portunity Commission, transmitting, pursu- EC–7873. A communication from the Chair- ment of Education, transmitting, pursuant ant to law, the report of a rule entitled man of the Council of the District of Colum- to law, the report of a rule entitled ‘‘Pro- ‘‘Regulations Under the Genetic Information bia, transmitting, pursuant to law, a report

VerDate Mar 15 2010 02:31 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.075 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7964 CONGRESSIONAL RECORD — SENATE November 17, 2010 on D.C. Act 18–551 ‘‘Youth Baseball Academy EC–7885. A communication from the Sec- mitting, pursuant to law, the report of a rule Grant Authorization Temporary Act of 2010’’; retary of the Department of Labor, transmit- entitled ‘‘Small Business Standards: Accom- to the Committee on Homeland Security and ting, pursuant to law, the Semiannual Re- modation and Food Services Industries’’ Governmental Affairs. port of the Office of Inspector General of the (RIN3245–AF71) received in the Office of the EC–7874. A communication from the Chair- Pension Benefit Guaranty Corporation for President of the Senate on October 29, 2010; man of the Council of the District of Colum- the period from October 1, 2009, through to the Committee on Small Business and En- bia, transmitting, pursuant to law, a report March 31, 2010 and the Director’s Semiannual trepreneurship. on D.C. Act 18–552 ‘‘Howard Theatre Redevel- Report on Management Decisions and Final EC–7896. A communication from the Dep- opment Project Great Streets Initiative Tax Actions on Office of Inspector General Audit uty General Counsel, Office of Size Stand- Increment Financing Temporary Act of Recommendations; to the Committee on ards, Small Business Administration, trans- 2010’’; to the Committee on Homeland Secu- Homeland Security and Governmental Af- mitting, pursuant to law, the report of a rule rity and Governmental Affairs. fairs. entitled ‘‘Small Business Standards: Other EC–7875. A communication from the Chair- EC–7886. A communication from the Chief Services’’ (RIN3245–AF70) received in the Of- man of the Council of the District of Colum- Privacy Officer, Privacy Office, Department fice of the President of the Senate on Octo- bia, transmitting, pursuant to law, a report of Homeland Security, transmitting, pursu- ber 29, 2010; to the Committee on Small Busi- on D.C. Act 18–553 ‘‘Sustainable Energy Util- ant to law, a report entitled ‘‘Privacy Office ness and Entrepreneurship. ity Temporary Amendment Act of 2010’’; to Fourth Quarter Fiscal Year 2010 Report to EC–7897. A communication from the Dep- the Committee on Homeland Security and Congress’’; to the Committee on Homeland uty General Counsel, Office of Financial As- Governmental Affairs. Security and Governmental Affairs. sistance, Small Business Administration, EC–7876. A communication from the Chair- EC–7887. A communication from the Chair- transmitting, pursuant to law, the report of man of the Council of the District of Colum- man, Board of Governors of the Federal Re- a rule entitled ‘‘Immediate Disaster Assist- bia, transmitting, pursuant to law, a report serve System, transmitting, pursuant to law, ance Program’’ (RIN3245–AG00) received in on D.C. Act 18–554 ‘‘Healthy DC Temporary the Inspector General’s Semiannual Report the Office of the President of the Senate on Amendment Act of 2010’’; to the Committee for the six-month period from April 1, 2010, October 29, 2010; to the Committee on Small on Homeland Security and Governmental Af- through September 30, 2010; to the Com- Business and Entrepreneurship. fairs. mittee on Homeland Security and Govern- EC–7898. A communication from the Dep- EC–7877. A communication from the Chair- mental Affairs. uty Director of Regulations Management, man of the Council of the District of Colum- EC–7888. A communication from the De- Veterans Health Administration, Depart- bia, transmitting, pursuant to law, a report partment of State, transmitting, pursuant to ment of Veterans Affairs, transmitting, pur- on D.C. Act 18–555 ‘‘DC High Risk Pool Pro- law, a report relative to foreign terrorist or- suant to law, the report of a rule entitled gram Establishment Temporary Act of 2010’’; ganizations (OSS Control No. 2010–1762); to ‘‘Supportive Services for Veteran Families to the Committee on Homeland Security and the Committee on the Judiciary. Program’’ (RIN2900–AN53) received in the Of- Governmental Affairs. EC–7889. A communication from the Staff fice of the President of the Senate on No- EC–7878. A communication from the Chair- Director, United States Commission on Civil vember 10, 2010; to the Committee on Vet- man of the Council of the District of Colum- Rights, transmitting, pursuant to law, the erans’ Affairs. bia, transmitting, pursuant to law, a report report of the appointment of members to the EC–7899. A communication from the Assist- on D.C. Act 18–558 ‘‘National Popular Vote New Mexico Advisory Committee; to the ant Attorney General, Office of Legislative Interstate Agreement Act of 2010’’; to the Committee on the Judiciary. Affairs, Department of Justice, transmit- Committee on Homeland Security and Gov- EC–7890. A communication from the Assist- ting, pursuant to law, a quarterly report to ernmental Affairs. ant Attorney General, Office of Legislative Congress relative to the Uniformed Services EC–7879. A communication from the Chair- Affairs, Department of Justice, transmit- Employment and Reemployment Rights Act man of the Council of the District of Colum- ting, pursuant to law, the Fiscal Year 2009 of 1994; to the Committee on Veterans’ Af- bia, transmitting, pursuant to law, a report Annual Report to Congress for the Office of fairs. on D.C. Act 18–559 ‘‘Howard Theatre Redevel- Justice Programs; to the Committee on the EC–7900. A communication from the Senior opment Project Great Streets Initiative Tax Judiciary. Program Analyst, Federal Aviation Adminis- Increment Financing Act of 2010’’; to the EC–7891. A communication from the Assist- tration, Department of Transportation, Committee on Homeland Security and Gov- ant Attorney General, Office of Legislative transmitting, pursuant to law, the report of ernmental Affairs. Affairs, Department of Justice, transmit- a rule entitled ‘‘Airworthiness Directives; EC–7880. A communication from the Chair- ting, pursuant to law, a report entitled ‘‘Re- Turbomeca S.A. ARRIEL 2B Turboshaft En- man of the Council of the District of Colum- port of the Attorney General to the Congress gines’’ ((RIN2120–AA64) (Docket No. FAA– bia, transmitting, pursuant to law, a report of the United States on the Administration 2005–21624)) received during adjournment of on D.C. Act 18–561 ‘‘Extension of Review Pe- of the Foreign Agents Registration Act of the Senate in the Office of the President of riod for the Proposed Disposition of the J.F. 1938, as amended for the six months ending the Senate on September 30, 2010; to the Cook School Temporary Amendment Act of December 31, 2009’’; to the Committee on the Committee on Commerce, Science, and 2010’’; to the Committee on Homeland Secu- Judiciary. Transportation. rity and Governmental Affairs. EC–7892. A communication from the Dep- EC–7901. A communication from the Senior EC–7881. A communication from the Chair- uty General Counsel, Office of Hearings and Program Analyst, Federal Aviation Adminis- man of the Council of the District of Colum- Appeals, Small Business Administration, tration, Department of Transportation, bia, transmitting, pursuant to law, a report transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of on D.C. Act 18–562 ‘‘District Settlement Pay- a rule entitled ‘‘Rules of Procedure Gov- a rule entitled ‘‘Airworthiness Directives; ment Integrity Temporary Act of 2010’’; to erning Cases Before the Office of Hearings Gulfstream Aerospace LP (Type Certificate the Committee on Homeland Security and and Appeals’’ (RIN3245–AG09) received during Previously Held by Israel Aircraft Indus- Governmental Affairs. adjournment of the Senate in the Office of tries, Ltd.) Model Galaxy and Gulfstream 200 EC–7882. A communication from the Chair- the President of the Senate on November 2, Airplanes’’ ((RIN2120–AA64) (Docket No. man of the Council of the District of Colum- 2010; to the Committee on Small Business FAA–2010–0555)) received during adjournment bia, transmitting, pursuant to law, a report and Entrepreneurship. of the Senate in the Office of the President on D.C. Act 18–563 ‘‘Private Fire Hydrant Re- EC–7893. A communication from the Dep- of the Senate on September 30, 2010; to the sponsibility Temporary Act of 2010’’; to the uty General Counsel, Office of Surety Guar- Committee on Commerce, Science, and Committee on Homeland Security and Gov- antees, Small Business Administration, Transportation. ernmental Affairs. transmitting, pursuant to law, the report of EC–7902. A communication from the Senior EC–7883. A communication from the Ad- a rule entitled ‘‘Surety Bond Guarantee Pro- Program Analyst, Federal Aviation Adminis- ministrator, Federal Emergency Manage- gram; Size Standards’’ (RIN3245–AG10) re- tration, Department of Transportation, ment Agency, Department of Homeland Se- ceived during adjournment of the Senate in transmitting, pursuant to law, the report of curity, transmitting, pursuant to law, a re- the Office of the President of the Senate on a rule entitled ‘‘Airworthiness Directives; port relative to the cost of response and re- November 2, 2010; to the Committee on Small Eurocopter France (ECF) Model SA–365N1, covery efforts for FEMA–3315–EM in the Business and Entrepreneurship. AS–365N2, AS 365N3, EC 155B, and EC155B1 Commonwealth of Massachusetts has exceed- EC–7894. A communication from the Dep- Helicopters’’ ((RIN2120–AA64) (Docket No. ed the $5,000,000 limit for a single emergency uty General Counsel, Office of Size Stand- FAA–2010–0426)) received during adjournment declaration; to the Committee on Homeland ards, Small Business Administration, trans- of the Senate in the Office of the President Security and Governmental Affairs. mitting, pursuant to law, the report of a rule of the Senate on September 30, 2010; to the EC–7884. A communication from the Execu- entitled ‘‘Small Business Standards: Retail Committee on Commerce, Science, and tive Director, Federal Retirement Thrift In- Trade’’ (RIN3245–AF69) received in the Office Transportation. vestment Board, transmitting, pursuant to of the President of the Senate on October 29, EC–7903. A communication from the Senior law, a report relative to four audit reports 2010; to the Committee on Small Business Program Analyst, Federal Aviation Adminis- issued during fiscal year 2010 relative to the and Entrepreneurship. tration, Department of Transportation, Agency and the Thrift Savings Plan; to the EC–7895. A communication from the Dep- transmitting, pursuant to law, the report of Committee on Homeland Security and Gov- uty General Counsel, Office of Size Stand- a rule entitled ‘‘Airworthiness Directives; ernmental Affairs. ards, Small Business Administration, trans- Empresa Brasileira de Aeronautica S.A.

VerDate Mar 15 2010 03:53 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.077 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7965 (EMBRAER) Model EMB–120, –120ER, –120FC, on Inspection Activities to the Protocol, 2002 (commonly referred to as ‘‘the Moscow –120QC, and –120RT Airplanes’’ ((RIN2120– Annex on Notifications to the Protocol, and Treaty’’), then the President shall— AA64) (Docket No. FAA–2009–0715)) received Annex on Telemetric Information to the Pro- (i) consult with the Senate regarding the during adjournment of the Senate in the Of- tocol, all such documents being integral effect of such reductions on the national se- fice of the President of the Senate on Sep- parts of and collectively referred to in this curity of the United States; and tember 30, 2010; to the Committee on Com- resolution as the ‘‘New START Treaty’’ (ii) take no such reductions until the merce, Science, and Transportation. (Treaty Document 111–5), subject to the con- President submits to the Senate the Presi- EC–7904. A communication from the Senior ditions of subsection (a), the understandings dent’s determination that such reductions Program Analyst, Federal Aviation Adminis- of subsection (b), and the declarations of sub- are in the national security interest of the tration, Department of Transportation, section (c). United States. (4) TIMELY WARNING OF BREAKOUT.—If the transmitting, pursuant to law, the report of (a) CONDITIONS.—The advice and consent of a rule entitled ‘‘Airworthiness Directives; the Senate to the ratification of the New President determines, after consultation Turbomeca Arriel 1 Series Turboshaft En- START Treaty is subject to the following with the Director of National Intelligence, gines’’ ((RIN2120–AA64) (Docket No. FAA– conditions, which shall be binding upon the that the Russian Federation intends to 2010–0710)) received during adjournment of President: break out of the limits in Article II of the New START Treaty, the President shall im- the Senate in the Office of the President of (1) GENERAL COMPLIANCE.—If the President mediately inform the Committees on For- the Senate on September 30, 2010; to the determines that the Russian Federation is eign Relations and Armed Services of the Committee on Commerce, Science, and acting or has acted in a manner that is in- Senate, with a view to determining whether Transportation. consistent with the object and purpose of the circumstances exist that jeopardize the su- EC–7905. A communication from the Senior New START Treaty, or is in violation of the preme interests of the United States, such Program Analyst, Federal Aviation Adminis- New START Treaty, so as to threaten the that withdrawal from the New START Trea- tration, Department of Transportation, national security interests of the United ty may be warranted pursuant to paragraph transmitting, pursuant to law, the report of States, then the President shall— 3 of Article XIV of the New START Treaty. a rule entitled ‘‘Airworthiness Directives; (A) consult with the Senate regarding the (5) UNITED STATES MISSILE DEFENSE TEST GROB–WERKE Model G120A Airplanes’’ implications of such actions for the viability TELEMETRY.—Prior to entry into force of the ((RIN2120–AA64) (Docket No. FAA–2010–0926)) of the New START Treaty and for the na- received during adjournment of the Senate New START Treaty, the President shall cer- tional security interests of the United tify to the Senate that the New START in the Office of the President of the Senate States; on September 30, 2010; to the Committee on Treaty does not require, at any point during (B) seek on an urgent basis a meeting with which it will be in force, the United States Commerce, Science, and Transportation. the Russian Federation at the highest diplo- EC–7906. A communication from the Senior to provide to the Russian Federation tele- matic level with the objective of bringing metric information under Article IX of the Program Analyst, Federal Aviation Adminis- the Russian Federation into full compliance tration, Department of Transportation, New START Treaty, Part Seven of the Pro- with its obligations under the New START tocol, and the Annex on Telemetric Informa- transmitting, pursuant to law, the report of Treaty; and a rule entitled ‘‘Airworthiness Directives; tion to the Protocol for the launch of— (C) submit a report to the Senate promptly (A) any missile defense interceptor, as de- Rolls–Royce Corporation (RRC) AE 3007A Se- thereafter, detailing— fined in paragraph 44 of Part One of the Pro- ries Turbofan Engines’’ ((RIN2120–AA64) (i) whether adherence to the New START tocol to the New START Treaty; (Docket No. FAA–2009–0811)) received during Treaty remains in the national security in- (B) any satellite launches, missile defense adjournment of the Senate in the Office of terests of the United States; and sensor targets, and missile defense intercept the President of the Senate on September 30, (ii) how the United States will redress the targets, the launch of which uses the first 2010; to the Committee on Commerce, impact of Russian actions on the national se- stage of an existing type of United States Science, and Transportation. curity interests of the United States. ICBM or SLBM listed in paragraph 8 of Arti- f (2) PRESIDENTIAL CERTIFICATIONS AND RE- cle III of the New START Treaty; or PORTS ON NATIONAL TECHNICAL MEANS.—(A) (C) any missile described in clause (a) of REPORTS OF COMMITTEES Prior to the entry into force of the New paragraph 7 of Article III of the New START The following reports of committees START Treaty, and annually thereafter, the Treaty. President shall certify to the Senate that were submitted: (6) CONVENTIONAL PROMPT GLOBAL STRIKE.— United States National Technical Means, in (A) The Senate calls on the executive branch By Mr. ROCKEFELLER, from the Com- conjunction with the verification activities to clarify its planning and intent in devel- mittee on Commerce, Science, and Transpor- provided for in the New START Treaty, are oping future conventionally armed, stra- tation, without amendment: sufficient to ensure effective monitoring of tegic-range weapon systems. To this end, S. 817. A bill to establish a Salmon Strong- Russian compliance with the provisions of prior to the entry into force of the New hold Partnership program to conserve wild the New START Treaty and timely warning START Treaty, the President shall provide a Pacific salmon and for other purposes (Rept. of any Russian preparation to break out of report to the Committees on Armed Services No. 111–348). the limits in Article II of the New START and Foreign Relations of the Senate con- S. 2859. A bill to reauthorize the Coral Reef Treaty. Following submission of the first taining the following: Conservation Act of 2000, and for other pur- such certification, each subsequent certifi- (i) A list of all conventionally armed, stra- poses (Rept. No. 111–349). cation shall be accompanied by a report to tegic-range weapon systems that are cur- f the Senate indicating how United States Na- rently under development. tional Technical Means, including collection, (ii) An analysis of the expected capabilities EXECUTIVE REPORT OF processing, and analytic resources, will be of each system listed under clause (i). COMMITTEE—TREATY utilized to ensure effective monitoring. The (iii) A statement with respect to each sys- first such report shall include a long-term tem listed under clause (i) as to whether any The following executive report of plan for the maintenance of New START of the limits in Article II of the New START committee was submitted during the Treaty monitoring. Each subsequent report Treaty apply to such system. recess of the Senate on October 1, 2010 shall include an update of the long-term (iv) An assessment of the costs, risks, and under the authority of an order of the plan. Each such report may be submitted in benefits of each system. Senate of September 29, 2010: either classified or unclassified form. (v) A discussion of alternative deployment (B) It is the sense of the Senate that moni- options and scenarios for each system. By Mr. KERRY, from the Committee on toring Russian Federation compliance with (vi) A summary of the measures that could Foreign Relations: the New START Treaty is a high priority help to distinguish each system listed under [Treaty Doc. 111–5 Treaty with Russia on and that the inability to do so would con- clause (i) from nuclear systems and reduce Measures for Further Reduction and Limi- stitute a threat to United States national se- the risks of misinterpretation and of a re- tation of Strategic Offensive Arms with 10 curity interests. sulting claim that such systems might alter conditions, 3 understandings, and 13 dec- (3) REDUCTIONS.—(A) The New START strategic stability. larations (Ex. Rept. 111–6)] Treaty shall not enter into force until in- (B) The report under subparagraph (A) may The text of the committee-recommended struments of ratification have been ex- be supplemented by a classified annex. resolution of advice and consent to ratifica- changed in accordance with Article XIV of (C) If, at any time after the New START tion is as follows: the New START Treaty. Treaty enters into force, the President deter- Resolved, (two-thirds of the Senators present (B) If, prior to the entry into force of the mines that deployment of conventional war- concurring therein), That the Senate advises New START Treaty, the President plans to heads on ICBMs or SLBMs is required at lev- and consents to the ratification of the Trea- implement reductions of United States stra- els that cannot be accommodated within the ty between the United States of America and tegic nuclear forces below those currently limits in Article II of the New START Trea- the Russian Federation on Measures for the planned and consistent with the Treaty Be- ty while sustaining a robust United States Further Reduction and Limitation of Stra- tween the United States of America and the nuclear triad, then the President shall im- tegic Offensive Arms, signed in Prague on Russian Federation on Strategic Offensive mediately consult with the Senate regarding April 8, 2010, with Protocol, including Annex Reductions, signed at Moscow on May 24, the reasons for such determination.

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(7) UNITED STATES TELEMETRIC INFORMA- (ii) if additional resources are required, the amendment to the New START Treaty which TION.—In implementing Article IX of the proposed level of funding required and an may enter into force for the United States New START Treaty, Part Seven of the Pro- identification of the stockpile work, cam- only with the advice and consent of the Sen- tocol, and the Annex on Telemetric Informa- paign, facility, site, asset, program, oper- ate, as set forth in Article II, section 2, tion to the Protocol, prior to agreeing to ation, activity, construction, or project for clause 2 of the Constitution of the United provide to the Russian Federation any which additional funds are required; States; and amount of telemetric information on a (iii) the impact of the resource shortfall on (C) the April 7, 2010, unilateral statement United States test launch of a convention- the safety, reliability, and performance of by the Russian Federation on missile defense ally armed prompt global strike system, the United States nuclear forces; and does not impose a legal obligation on the President shall certify to the Committees on (iv) whether and why, in the changed cir- United States. Foreign Relations and Armed Services of the cumstances brought about by the resource (2) RAIL-MOBILE ICBMS.—It is the under- Senate that— shortfall, it remains in the national interest standing of the United States that— (A) the provision of United States tele- of the United States to remain a Party to (A) any rail-mobile-launched ballistic mis- metric information— the New START Treaty. sile with a range in excess of 5,500 kilometers (i) consists of data that demonstrate that (10) ANNUAL REPORT.—As full and faithful would be an ICBM, as the term is defined in such system is not subject to the limits in implementation is key to realizing the bene- paragraph 37 of Part One of the Protocol (in Article II of the New START Treaty; or fits of the New START Treaty, the President the English-language numbering), for the (ii) would be provided in exchange for sig- shall submit a report to the Committees on purposes of the New START Treaty, specifi- nificant telemetric information regarding a Foreign Relations and Armed Services of the cally including the limits in Article II of the weapon system not listed in paragraph 8 of Senate not later than January 31 of each New START Treaty; Article III of the New START Treaty, or a year beginning with January 31, 2012, which (B) an erector-launcher mechanism for system not deployed by the Russian Federa- will provide— launching an ICBM and the railcar or flatcar tion prior to December 5, 2009; (A) details on each Party’s reductions in on which it is mounted would be an ICBM (B) it is in the national security interest of strategic offensive arms between the date launcher, as the term is defined in paragraph the United States to provide such telemetric the New START Treaty entered into force 28 of Part One of the Protocol (in the information; and and December 31, 2011, or, in subsequent re- English-language numbering), for the pur- (C) provision of such telemetric informa- ports, during the previous year; poses of the New START Treaty, specifically tion will not undermine the effectiveness of (B) a certification that the Russian Fed- including the limits in Article II of the New such system. eration is in compliance with the terms of START Treaty; (8) BILATERAL CONSULTATIVE COMMISSION.— the New START Treaty, or a detailed discus- (C) if either Party should produce a rail- Not later than 15 days before any meeting of sion of any noncompliance by the Russian mobile ICBM system, the Bilateral Consult- the Bilateral Consultative Commission to Federation; ative Commission would address the applica- consider a proposal for additional measures (C) a certification that any conversion and tion of other parts of the New START Treaty to improve the viability or effectiveness of elimination procedures adopted pursuant to to that system, including Articles III, IV, VI, the New START Treaty or to resolve a ques- Article VI of the New START Treaty and VII, and XI of the New START Treaty and tion related to the applicability of provisions Part Three of the Protocol have not resulted relevant portions of the Protocol and the An- of the New START Treaty to a new kind of in ambiguities that could defeat the object nexes to the Protocol; and strategic offensive arm, the President shall and purpose of the New START Treaty, or— (D) an agreement reached pursuant to sub- consult with the Chairman and ranking mi- (i) a list of any cases in which a conversion paragraph (C) is subject to the requirements nority member of the Committee on Foreign or elimination procedure that has been dem- of Article XV of the New START Treaty and, Relations of the Senate with regard to onstrated by Russia within the framework of specifically, if an agreement pursuant to whether the proposal, if adopted, would con- the Bilateral Consultative Commission re- subparagraph (C) creates substantive rights stitute an amendment to the New START mains ambiguous or does not achieve the or obligations that differ significantly from Treaty requiring the advice and consent of goals set forth in paragraph 2 or 3 of Section those in the New START Treaty regarding a the Senate, as set forth in Article II, section I of Part Three of the Protocol; and ‘‘mobile launcher of ICBMs’’ as defined in 2, clause 2 of the Constitution of the United (ii) a comprehensive explanation of steps Part One of the Protocol to the New START States. the United States has taken with respect to Treaty, such agreement will be considered an (9) UNITED STATES COMMITMENTS ENSURING each such case; amendment to the New START Treaty pur- THE SAFETY, RELIABILITY, AND PERFORMANCE (D) an assessment of the operation of the suant to Paragraph 1 of Article XV of the OF ITS NUCLEAR FORCES.— New START Treaty’s transparency mecha- New START Treaty and will be submitted to (A) The United States is committed to en- nisms, including— the Senate for its advice and consent to rati- suring the safety, reliability, and perform- (i) the extent to which either Party fication. ance of its nuclear forces. It is the sense of encrypted or otherwise impeded the collec- (3) STRATEGIC-RANGE, NON-NUCLEAR WEAPON the Senate that— tion of telemetric information; and SYSTEMS.—It is the understanding of the (i) the United States is committed to pro- (ii) the extent and usefulness of exchanges United States that— ceeding with a robust stockpile stewardship of telemetric information; and (A) future, strategic-range non-nuclear program, and to maintaining and modern- (E) an assessment of whether a strategic weapon systems that do not otherwise meet izing the nuclear weapons production capa- imbalance exists that endangers the national the definitions of the New START Treaty bilities and capacities, that will ensure the security interests of the United States. will not be ‘‘new kinds of strategic offensive safety, reliability, and performance of the (b) UNDERSTANDINGS.—The advice and con- arms’’ subject to the New START Treaty; United States nuclear arsenal at the New sent of the Senate to the ratification of the (B) nothing in the New START Treaty re- START Treaty levels and meet requirements New START Treaty is subject to the fol- stricts United States research, development, for hedging against possible international lowing understandings, which shall be in- testing, and evaluation of strategic-range, developments or technical problems, in con- cluded in the instrument of ratification: non-nuclear weapons, including any weapon formance with United States policies and to (1) MISSILE DEFENSE.—It is the under- that is capable of boosted aerodynamic underpin deterrence; standing of the United States that— flight; (ii) to that end, the United States is com- (A) the New START Treaty does not im- (C) nothing in the New START Treaty pro- mitted to maintaining United States nuclear pose any limitations on the deployment of hibits deployments of strategic-range non- weapons laboratories and preserving the core missile defenses other than the requirements nuclear weapon systems; and nuclear weapons competencies therein; and of paragraph 3 of Article V of the New (D) the addition to the New START Treaty (iii) the United States is committed to pro- START Treaty, which states, ‘‘Each Party of— viding the resources needed to achieve these shall not convert and shall not use ICBM (i) any limitations on United States re- objectives, at a minimum at the levels set launchers and SLBM launchers for place- search, development, testing, and evaluation forth in the President’s 10-year plan provided ment of missile defense interceptors therein. of strategic-range, non-nuclear weapon sys- to the Congress pursuant to section 1251 of Each Party further shall not convert and tems, including any weapon that is capable the National Defense Authorization Act for shall not use launchers of missile defense of boosted aerodynamic flight; or Fiscal Year 2010 (Public Law 111–84). interceptors for placement of ICBMs and (ii) any prohibition on the deployment of (B) If appropriations are enacted that fail SLBMs therein. This provision shall not such systems, including any such limitations to meet the resource requirements set forth apply to ICBM launchers that were con- or prohibitions agreed under the auspices of in the President’s 10-year plan, or if at any verted prior to signature of this treaty for the Bilateral Consultative Commission, time more resources are required than esti- placement of missile defense interceptors would require an amendment to the New mated in the President’s 10-year plan, the therein.’’; START Treaty which may enter into force President shall submit to Congress, within 60 (B) any additional New START Treaty lim- for the United States only with the advice days of such enactment or the identification itations on the deployment of missile de- and consent of the Senate, as set forth in Ar- of the requirement for such additional re- fenses beyond those contained in paragraph 3 ticle II, section 2, clause 2 of the Constitu- sources, as appropriate, a report detailing— of Article V, including any limitations tion of the United States. (i) how the President proposes to remedy agreed under the auspices of the Bilateral (c) DECLARATIONS.—The advice and consent the resource shortfall; Consultative Commission, would require an of the Senate to the ratification of the New

VerDate Mar 15 2010 02:35 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.057 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7967 START Treaty is subject to the following START Treaty is in effect, and such im- related memorandum of understanding and declarations, which express the intent of the provements are consistent with the treaty. protocols (commonly referred to as the ‘‘INF Senate: (3) CONVENTIONALLY ARMED, STRATEGIC- Treaty’’), approved by the Senate on May 27, (1) MISSILE DEFENSE.—(A) It is the sense of RANGE WEAPON SYSTEMS.—Consistent with 1988, and condition (8) of the resolution of ad- the Senate that— statements made by the United States that vice and consent to the ratification of the (i) pursuant to the National Missile De- such systems are not intended to affect stra- Document Agreed Among the States Parties fense Act of 1999 (Public Law 106–38), it is the tegic stability with respect to the Russian to the Treaty on Conventional Armed Forces policy of the United States ‘‘to deploy as Federation, the Senate finds that conven- in Europe (CFE) of November 19, 1990 (com- soon as is technologically possible an effec- tionally armed, strategic-range weapon sys- monly referred to as the ‘‘CFE Flank Docu- tive National Missile Defense system capable tems not co-located with nuclear-armed sys- ment’’), approved by the Senate on May 14, of defending the territory of the United tems do not affect strategic stability be- 1997. States against limited ballistic missile at- tween the United States and the Russian (9) TREATY MODIFICATION OR REINTERPRETA- tack (whether accidental, unauthorized, or Federation. TION.—The Senate declares that any agree- deliberate)’’; (4) NUNN-LUGAR COOPERATIVE THREAT RE- ment or understanding which in any mate- (ii) defenses against ballistic missiles are DUCTION.—It is the sense of the Senate that rial way modifies, amends, or reinterprets essential for new deterrent strategies and for the Nunn-Lugar Cooperative Threat Reduc- United States or Russian obligations under new strategies should deterrence fail; and tion (CTR) Program has made an invaluable the New START Treaty, including the time (iii) further limitations on the missile de- contribution to the security and elimination frame for implementation of the New START fense capabilities of the United States are of weapons of mass destruction, including Treaty, should be submitted to the Senate not in the national security interest of the nuclear weapons and materials in Russia and for its advice and consent to ratification. United States. elsewhere, and that the President should (10) CONSULTATIONS.—Given the continuing (B) The New START Treaty and the April continue the global CTR Program and CTR interest of the Senate in the New START 7, 2010, unilateral statement of the Russian assistance to Russia, including for the pur- Treaty and in strategic offensive reductions Federation on missile defense do not limit in pose of facilitating implementation of the to the lowest possible levels consistent with any way, and shall not be interpreted as lim- New START Treaty. national security requirements and alliance iting, activities that the United States Gov- (5) ASYMMETRY IN REDUCTIONS.—It is the obligations of the United States, the Senate ernment currently plans or that might be re- sense of the Senate that, in conducting the expects the President to consult with the quired over the duration of the New START reductions mandated by the New START Senate prior to taking actions relevant to Treaty to protect the United States pursuant Treaty, the President should regulate reduc- paragraphs 2 or 3 of Article XIV of the New to the National Missile Defense Act of 1999, tions in United States strategic offensive START Treaty. or to protect United States Armed Forces arms so that the number of accountable stra- (11) TACTICAL NUCLEAR WEAPONS.—(A) The and United States allies from limited bal- tegic offensive arms under the New START Senate calls upon the President to pursue, listic missile attack, including further Treaty possessed by the Russian Federation following consultation with allies, an agree- planned enhancements to the Ground-based in no case exceeds the comparable number of ment with the Russian Federation that Midcourse Defense system and all phases of accountable strategic offensive arms pos- would address the disparity between the tac- the Phased Adaptive Approach to missile de- sessed by the United States to such an ex- tical nuclear weapons stockpiles of the Rus- fense in Europe. tent that a strategic imbalance endangers sian Federation and of the United States and (C) Given its concern about missile defense the national security interests of the United would secure and reduce tactical nuclear issues, the Senate expects the executive States. weapons in a verifiable manner. branch to offer regular briefings, not less (6) COMPLIANCE.—(A) The New START (B) Recognizing the difficulty the United than twice each year, to the Committees on Treaty will remain in the interests of the States has faced in ascertaining with con- Foreign Relations and Armed Services of the United States only to the extent that the fidence the number of tactical nuclear weap- Senate on all missile defense issues related Russian Federation is in strict compliance ons maintained by the Russian Federation to the New START Treaty and on the with its obligations under the New START and the security of those weapons, the Sen- progress of United States-Russia dialogue Treaty. ate urges the President to engage the Rus- and cooperation regarding missile defense. (B) Given its concern about compliance sian Federation with the objectives of— (2) DEFENDING THE UNITED STATES AND AL- issues, the Senate expects the executive (i) establishing cooperative measures to LIES AGAINST STRATEGIC ATTACK.—It is the branch to offer regular briefings, not less give each Party to the New START Treaty sense of the Senate that— than four times each year, to the Commit- improved confidence regarding the accurate (A) a paramount obligation of the United tees on Foreign Relations and Armed Serv- accounting and security of tactical nuclear States Government is to provide for the de- ices of the Senate on compliance issues re- weapons maintained by the other Party; and fense of the American people, deployed mem- lated to the New START Treaty. Such brief- (ii) providing United States or other inter- bers of the United States Armed Forces, and ings shall include a description of all United national assistance to help the Russian Fed- United States allies against nuclear attacks States efforts in United States-Russian dip- eration ensure the accurate accounting and to the best of its ability; lomatic channels and bilateral fora to re- security of its tactical nuclear weapons. (B) policies based on ‘‘mutual assured de- solve any compliance issues and shall in- (12) FURTHER STRATEGIC ARMS REDUC- struction’’ or intentional vulnerability can clude, but would not necessarily be limited TIONS.—(A) Recognizing the obligation under be contrary to the safety and security of to, a description of— Article VI of the Treaty on the Non-Pro- both countries, and the United States and (i) any compliance issues the United States liferation of Nuclear Weapons, done at Wash- the Russian Federation share a common in- plans to raise with the Russian Federation ington, London, and Moscow on July 1, 1968, terest in moving cooperatively as soon as at the Bilateral Consultative Commission, in ‘‘to pursue negotiations in good faith on ef- possible away from a strategic relationship advance of such meetings; and fective measures relating to cessation of the based on mutual assured destruction; (ii) any compliance issues raised at the Bi- nuclear arms race at any early date and to (C) in a world where biological, chemical, lateral Consultative Commission, within nuclear disarmament and on a treaty on gen- and nuclear weapons and the means to de- thirty days of such meetings. eral and complete disarmament under strict liver them are proliferating, strategic sta- (7) EXPANSION OF STRATEGIC ARSENALS IN and effective international control,’’ and in bility can be enhanced by strategic defensive COUNTRIES OTHER THAN RUSSIA.—It is the anticipation of the ratification and entry measures; sense of the Senate that if, during the time into force of the New START Treaty, the (D) accordingly, the United States is and the New START Treaty remains in force, the Senate calls upon the other nuclear weapon will remain free to reduce the vulnerability President determines that there has been an states to give careful and early consideration to attack by constructing a layered missile expansion of the strategic arsenal of any to corresponding reductions of their own nu- defense system capable of countering mis- country not party to the New START Treaty clear arsenals. siles of all ranges; so as to jeopardize the supreme interests of (B) The Senate declares that further arms (E) the United States will welcome steps the United States, then the President should reduction agreements obligating the United by the Russian Federation also to adopt a consult on an urgent basis with the Senate States to reduce or limit the Armed Forces fundamentally defensive strategic posture to determine whether adherence to the New or armaments of the United States in any that no longer views robust strategic defen- START Treaty remains in the national in- militarily significant manner may be made sive capabilities as undermining the overall terest of the United States. only pursuant to the treaty-making power of strategic balance, and stands ready to co- (8) TREATY INTERPRETATION.—The Senate the President as set forth in Article II, sec- operate with the Russian Federation on stra- affirms the applicability to all treaties of tion 2, clause 2 of the Constitution of the tegic defensive capabilities, as long as such the constitutionally based principles of trea- United States. cooperation is aimed at fostering and in no ty interpretation set forth in condition (1) of (13) MODERNIZATION AND REPLACEMENT OF way constrains the defensive capabilities of the resolution of advice and consent to the UNITED STATES STRATEGIC DELIVERY VEHI- both sides; and ratification of the Treaty Between the CLES.—In accordance with paragraph 1 of Ar- (F) the United States is committed to im- United States of America and the Union of ticle V of the New START Treaty, which proving United States strategic defensive ca- Soviet Socialist Republics on the Elimi- states that, ‘‘Subject to the provisions of pabilities both quantitatively and quali- nation of Their Intermediate-Range and this treaty, modernization and replacement tatively during the period that the New Shorter Range Missiles, together with the of strategic offensive arms may be carried

VerDate Mar 15 2010 02:35 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.061 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7968 CONGRESSIONAL RECORD — SENATE November 17, 2010 out,’’ it is the sense of the Senate that with spina bifida of veterans exposed to her- S. Res. 679. A resolution commemorating United States deterrence and flexibility is bicides while serving in the Armed Forces the 100th anniversary of the Weeks Law; to assured by a robust triad of strategic deliv- during the Vietnam era outside Vietnam, the Committee on Agriculture, Nutrition, ery vehicles. To this end, the United States and for other purposes; to the Committee on and Forestry. is committed to accomplishing the mod- Veterans’ Affairs. By Mr. KERRY (for himself, Mr. BINGA- ernization and replacement of its strategic By Mr. CASEY: MAN, Ms. SNOWE, Mr. CARDIN, Mr. nuclear delivery vehicles, and to ensuring S. 3954. A bill to improve air cargo secu- WHITEHOUSE, and Mr. MERKLEY): the continued flexibility of United States rity; to the Committee on Commerce, S. Res. 680. A resolution supporting inter- conventional and nuclear delivery systems. Science, and Transportation. national tiger conservation efforts and the upcoming Global Tiger Summit in St. Pe- f By Mr. BEGICH: S. 3955. A bill to amend title 10, United tersburg, Russia; to the Committee on For- EXECUTIVE REPORT OF States Code, to authorize space-available eign Relations. COMMITTEE travel on military aircraft for members of By Mrs. SHAHEEN (for herself and Ms. the reserve components, a member or former SNOWE): The following executive report of a S. Res. 681. A resolution designating the nomination was submitted: member of a reserve component who is eligi- ble for retired pay but for age, widows and week of November 15 through 19, 2010, as By Mr. DODD for the Committee on Bank- widowers of retired members, and depend- ‘‘Global Entrepreneurship Week/USA’’; con- ing, Housing, and Urban Affairs. ents; to the Committee on Armed Services. sidered and agreed to. * Peter A. Diamond, of Massachusetts, to By Mr. BEGICH: f be a Member of the Board of Governors of S. 3956. A bill to amend title 10, United the Federal Reserve System for the unex- ADDITIONAL COSPONSORS States Code, to permit the use of com- pired term of fourteen years from February missary and exchange facilities by former S. 325 1, 2000. members of the Armed Forces who were re- At the request of Mr. PRYOR, his * Nomination was reported with rec- tired or separated for physical disability; to name was added as a cosponsor of S. ommendation that it be confirmed sub- the Committee on Armed Services. 325, a bill to amend section 845 of title ject to the nominee’s commitment to By Mr. REED (for himself and Mr. 18, United States Code, relating to ex- respond to requests to appear and tes- WHITEHOUSE): plosives, to grant the Attorney General S. 3957. A bill to establish a medical edu- tify before any duly constituted com- exemption authority. mittee of the Senate. cation trust fund, and for other purposes; to the Committee on Finance. S. 446 f By Mr. WYDEN (for himself and Mr. At the request of Mr. SPECTER, the INTRODUCTION OF BILLS AND BROWN of Massachusetts): names of the Senator from Alaska (Mr. JOINT RESOLUTIONS S. 3958. A bill to allow an earlier start for BEGICH) and the Senator from Montana State health care coverage innovation waiv- (Mr. TESTER) were added as cosponsors The following bills and joint resolu- ers under the Patient Protection and Afford- tions were introduced, read the first of S. 446, a bill to permit the televising able Care Act; to the Committee on Finance. of Supreme Court proceedings. and second times by unanimous con- By Mrs. McCASKILL: sent, and referred as indicated: S. 3959. A bill to eliminate the preferences S. 535 At the request of Mr. NELSON of Flor- By Mr. COCHRAN (for himself and Mr. and special rules for Alaska Native Corpora- WICKER): tions under the program under section 8(a) of ida, the name of the Senator from S. 3947. A bill to direct the Secretary of the the Small Business Act; to the Committee on Vermont (Mr. LEAHY) was added as a Interior to convey to the State of Mississippi Small Business and Entrepreneurship. cosponsor of S. 535, a bill to amend 2 parcels of surplus land within the boundary By Mr. LAUTENBERG (for himself, title 10, United States Code, to repeal of the Natchez Trace Parkway, and for other Mr. WYDEN, and Mr. MENENDEZ): requirement for reduction of survivor purposes; to the Committee on Energy and S. 3960. A bill to prevent harassment at in- annuities under the Survivor Benefit stitutions of higher education, and for other Natural Resources. Plan by veterans’ dependency and in- By Mr. BINGAMAN (for himself, Mr. purposes; to the Committee on Health, Edu- CRAPO, and Mr. KERRY): cation, Labor, and Pensions. demnity compensation, and for other S. 3948. A bill to amend the Internal Rev- By Mr. LIEBERMAN (for himself and purposes. enue Code of 1986 to modify certain rules ap- Ms. COLLINS): S. 1216 plicable to regulated investment companies, S. 3961. A bill to amend the E-Government At the request of Ms. KLOBUCHAR, the and for other purposes; to the Committee on Act of 2002 (44 U.S.C. 3501 note) to reform the name of the Senator from Georgia (Mr. Finance. electronic rulemaking process; to the Com- ISAKSON) was added as a cosponsor of S. By Mr. CARDIN (for himself and Ms. mittee on Homeland Security and Govern- 1216, a bill to amend the Consumer MIKULSKI): mental Affairs. S. 3949. A bill to amend the Chesapeake By Mr. DURBIN (for himself, Mr. Product Safety Act to require residen- and Ohio Canal Development Act to extend LEAHY, and Mr. LUGAR): tial carbon monoxide detectors to meet to the Chesapeake and Ohio Canal National S. 3962. A bill to authorize the cancellation the applicable ANSI/UL standard by Historical Park Commission; to the Com- of removal and adjustment of status of cer- treating that standard as a consumer mittee on Energy and Natural Resources. tain alien students who are long-term United product safety rule, to encourage By Mr. KERRY (for himself, Mr. DODD, States residents and who entered the United States to require the installation of Mr. CASEY, and Mr. BINGAMAN): States as children and for other purposes; S. 3950. A bill to amend title XVIII of the such detectors in homes, and for other read the first time. purposes. Social Security Act to provide for the appli- By Mr. DURBIN (for himself, Mr. cation of a consistent Medicare part B pre- LEAHY, and Mr. LUGAR): S. 1547 mium for all Medicare beneficiaries for 2011; S. 3963. A bill to authorize the cancellation At the request of Mr. REED, the name to the Committee on Finance. of removal and adjustment of status of cer- of the Senator from New Jersey (Mr. By Mr. KERRY (for himself and Mr. tain alien students who are long-term United MENENDEZ) was added as a cosponsor of CARDIN): States residents and who entered the United S. 3951. A bill to authorize United States S. 1547, a bill to amend title 38, United States as children and for other purposes; participation in, and appropriations for, the States Code, and the United States read the first time. United States contribution to the ninth re- Housing Act of 1937 to enhance and ex- plenishment of the resources of the Asian f pand the assistance provided by the De- Development Fund and the United States partment of Veterans Affairs and the subscription to the fifth general capital in- SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS Department of Housing and Urban De- crease of the Asian Development Bank; to velopment to homeless veterans and the Committee on Foreign Relations. The following concurrent resolutions veterans at risk of homelessness, and By Mr. COCHRAN (for himself and Mr. and Senate resolutions were read, and WICKER): for other purposes. S. 3952. A bill to authorize the acquisition referred (or acted upon), as indicated: S. 1548 of core battlefield land at Champion Hill, By Mr. CASEY (for himself and Mr. At the request of Mr. BARRASSO, his Port Gibson, and Raymond for addition to SPECTER): name was added as a cosponsor of S. Vicksburg National Military Park; to the S. Res. 678. A resolution congratulating the 1548, a bill to improve research, diag- Penn State Nittany Lions for their 400th win Committee on Energy and Natural Re- nosis, and treatment of musculo- sources. under head football coach Joe Paterno; to By Mr. AKAKA: the Committee on the Judiciary. skeletal diseases, conditions, and inju- S. 3953. A bill to amend title 38, United By Mr. GREGG (for himself and Mrs. ries, to conduct a longitudinal study on States Code, to provide benefits for children SHAHEEN): aging, and for other purposes.

VerDate Mar 15 2010 03:53 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.064 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7969 S. 1553 of S. 3181, a bill to protect the rights of the underwriting standards of Fannie At the request of Mr. GRASSLEY, the consumers to diagnose, service, main- Mae and Freddie Mac facilitate the use name of the Senator from Missouri tain, and repair their motor vehicles, of property assessed clean energy pro- (Mr. BOND) was added as a cosponsor of and for other purposes. grams to finance the installation of re- S. 1553, a bill to require the Secretary S. 3183 newable energy and energy efficiency of the Treasury to mint coins in com- At the request of Mr. WYDEN, the improvements. memoration of the National Future name of the Senator from Kansas (Mr. S. 3678 Farmers of America Organization and ROBERTS) was added as a cosponsor of At the request of Mr. LAUTENBERG, the 85th anniversary of the founding of S. 3183, a bill to amend the Internal the name of the Senator from New Jer- the National Future Farmers of Amer- Revenue Code of 1986 to extend the sey (Mr. MENENDEZ) was added as a co- ica Organization. nonbusiness energy property credit to sponsor of S. 3678, a bill to improve S. 1619 roofs with pigmented coatings which mental health services for members of At the request of Mr. DODD, the name meet Energy Star program require- the National Guard and Reserve de- of the Senator from Pennsylvania (Mr. ments. ployed in connection with a contin- CASEY) was added as a cosponsor of S. S. 3234 gency operation, and for other pur- 1619, a bill to establish the Office of At the request of Mrs. MURRAY, the poses. Sustainable Housing and Communities, name of the Senator from New Jersey S. 3695 to establish the Interagency Council on (Mr. MENENDEZ) was added as a cospon- At the request of Mr. MENENDEZ, the Sustainable Communities, to establish sor of S. 3234, a bill to improve employ- name of the Senator from Illinois (Mr. a comprehensive planning grant pro- ment, training, and placement services BURRIS) was added as a cosponsor of S. gram, to establish a sustainability furnished to veterans, especially those 3695, a bill to fight criminal gangs. challenge grant program, and for other serving in Operation Iraqi Freedom and purposes. Operation Enduring Freedom, and for S. 3706 S. 1695 other purposes. At the request of Ms. STABENOW, the name of the Senator from New Jersey At the request of Mr. BURRIS, the S. 3260 (Mr. MENENDEZ) was added as a cospon- name of the Senator from Missouri At the request of Mr. HARKIN, the sor of S. 3706, a bill to extend unem- (Mrs. MCCASKILL) was added as a co- name of the Senator from Connecticut ployment insurance benefits and cut sponsor of S. 1695, a bill to authorize (Mr. DODD) was added as a cosponsor of taxes for businesses to create hiring in- the award of a Congressional gold S. 3260, a bill to enhance and further centives, and for other purposes. medal to the Montford Point Marines research into the prevention and treat- of World War II. ment of eating disorders, to improve S. 3709 S. 1703 access to treatment of eating disorders, At the request of Mr. WHITEHOUSE, At the request of Mr. DORGAN, the and for other purposes. the name of the Senator from North name of the Senator from North Da- S. 3320 Dakota (Mr. DORGAN) was added as a kota (Mr. CONRAD) was added as a co- At the request of Mr. WHITEHOUSE, cosponsor of S. 3709, a bill to amend the sponsor of S. 1703, a bill to amend the the name of the Senator from Indiana Public Health Services Act and the So- Act of June 18, 1934, to reaffirm the au- (Mr. LUGAR) was added as a cosponsor cial Security Act to extend health in- thority of the Secretary of the Interior of S. 3320, a bill to amend the Public formation technology assistance eligi- to take land into trust for Indian Health Service Act to provide for a bility to behavioral health, mental tribes. Pancreatic Cancer Initiative, and for health, and substance abuse profes- sionals and facilities, and for other S. 1859 other purposes. purposes. At the request of Mr. ROCKEFELLER, S. 3329 S. 3727 the name of the Senator from Mis- At the request of Mr. LAUTENBERG, sissippi (Mr. WICKER) was added as a the name of the Senator from Michigan At the request of Ms. KLOBUCHAR, the cosponsor of S. 1859, a bill to reinstate (Ms. STABENOW) was added as a cospon- name of the Senator from Georgia (Mr. Federal matching of State spending of sor of S. 3329, a bill to provide triple CHAMBLISS) was added as a cosponsor of child support incentive payments. credits for renewable energy on S. 3727, a bill to amend title 18, United S. 2740 brownfields, and for other purposes. States Code, with respect to the offense At the request of Mrs. MURRAY, the S. 3390 of stalking. name of the Senator from Vermont At the request of Mr. FRANKEN, the S. 3735 (Mr. SANDERS) was added as a cospon- name of the Senator from Colorado At the request of Mrs. LINCOLN, the sor of S. 2740, a bill to establish a com- (Mr. UDALL) was added as a cosponsor name of the Senator from Indiana (Mr. prehensive literacy program. of S. 3390, a bill to end the discrimina- LUGAR) was added as a cosponsor of S. S. 2747 tion based on actual or perceived sex- 3735, a bill to amend the Federal Insec- At the request of Mr. BINGAMAN, the ual orientation or gender identity in ticide, Fungicide, and Rodenticide Act names of the Senator from Pennsyl- public schools, and for other purposes. to improve the use of certain registered vania (Mr. CASEY) and the Senator S. 3398 pesticides. from Washington (Ms. CANTWELL) were At the request of Mr. BAUCUS, the S. 3739 added as cosponsors of S. 2747, a bill to name of the Senator from New Jersey At the request of Mr. CASEY, the amend the Land and Water Conserva- (Mr. MENENDEZ) was added as a cospon- names of the Senator from New York tion Fund Act of 1965 to provide con- sor of S. 3398, a bill to amend the Inter- (Mr. SCHUMER) and the Senator from sistent and reliable authority for, and nal Revenue Code of 1986 to extend the Massachusetts (Mr. KERRY) were added for the funding of, the land and water work opportunity credit to certain re- as cosponsors of S. 3739, a bill to amend conservation fund to maximize the ef- cently discharged veterans. the Safe and Drug-Free Schools and fectiveness of the fund for future gen- S. 3424 Communities Act to include bullying erations, and for other purposes. At the request of Mr. DURBIN, the and harassment prevention programs. S. 3036 name of the Senator from Maine (Ms. S. 3813 At the request of Mr. BAYH, the name COLLINS) was added as a cosponsor of S. At the request of Mr. BINGAMAN, the of the Senator from North Carolina 3424, a bill to amend the Animal Wel- names of the Senator from North Da- (Mr. BURR) was added as a cosponsor of fare Act to provide further protection kota (Mr. CONRAD) and the Senator S. 3036, a bill to establish the Office of for puppies. from Pennsylvania (Mr. SPECTER) were the National Alzheimer’s Project. S. 3642 added as cosponsors of S. 3813, a bill to S. 3181 At the request of Mrs. BOXER, the amend the Public Utility Regulatory At the request of Mr. BROWNBACK, the name of the Senator from New Hamp- Policies Act of 1978 to establish a Fed- name of the Senator from Oklahoma shire (Mrs. SHAHEEN) was added as a co- eral renewable electricity standard, (Mr. INHOFE) was added as a cosponsor sponsor of S. 3642, a bill to ensure that and for other purposes.

VerDate Mar 15 2010 02:35 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.082 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7970 CONGRESSIONAL RECORD — SENATE November 17, 2010 S. 3829 Sergei Magnitsky and brought the Rus- comprehensive immigration reform, At the request of Mr. GRAHAM, the sian criminal justice system into com- and for other purposes. name of the Senator from South Da- pliance with international legal stand- S. 3942 kota (Mr. THUNE) was added as a co- ards, and for other purposes. At the request of Mr. TESTER, the sponsor of S. 3829, a bill to repeal the S. 3901 names of the Senator from New Hamp- CLASS Act. At the request of Mr. HATCH, the shire (Mrs. SHAHEEN) and the Senator S. 3833 name of the Senator from Kansas (Mr. from Alaska (Ms. MURKOWSKI) were At the request of Mrs. GILLIBRAND, ROBERTS) was added as a cosponsor of the name of the Senator from New Jer- added as cosponsors of S. 3942, a bill to S. 3901, a bill to promote enforcement amend the Arms Export Control Act to sey (Mr. MENENDEZ) was added as a co- of immigration laws and for other pur- sponsor of S. 3833, a bill to amend the provide that certain firearms listed as poses. curios or relics may be imported into National Environmental Education Act S. 3914 to update, streamline, and modernize the United States by a licensed im- At the request of Mrs. MURRAY, the that Act, and for other purposes. porter without obtaining authorization names of the Senator from South Da- from the Department of State or the S. 3842 kota (Mr. THUNE) and the Senator from Department of Defense, and for other At the request of Mr. LEAHY, the Missouri (Mrs. MCCASKILL) were added purposes. name of the Senator from Iowa (Mr. as cosponsors of S. 3914, a bill to amend S. 3946 HARKIN) was added as a cosponsor of S. title VIII of the Elementary and Sec- 3842, a bill to protect crime victims’ ondary Education Act of 1965 to require At the request of Mr. BAUCUS, the rights, to eliminate the substantial the Secretary of Education to complete names of the Senator from Minnesota backlog of DNA samples collected from payments under such title to local edu- (Ms. KLOBUCHAR), the Senator from Ne- crime scenes and convicted offenders, cational agencies eligible for such pay- braska (Mr. NELSON) and the Senator to improve and expand the DNA testing ments within 3 fiscal years. from Maryland (Mr. CARDIN) were capacity of Federal, State, and local added as cosponsors of S. 3946, a bill to S. 3923 crime laboratories, to increase re- repeal the expansion of information re- At the request of Mr. SANDERS, the search and development of new DNA porting requirements for payments of name of the Senator from Florida (Mr. testing technologies, to develop new $600 or more to corporations, and for NELSON) was added as a cosponsor of S. training programs regarding the collec- other purposes. tion and use of DNA evidence, to pro- 3923, a bill to amend the Public Utility S. CON. RES. 63 vide post conviction testing of DNA Regulatory Policies Act of 1978 to clar- evidence to exonerate the innocent, to ify the authority of States to adopt re- At the request of Mr. JOHNSON, the improve the performance of counsel in newable energy incentives. name of the Senator from Maryland State capital cases, and for other pur- S. 3924 (Mr. CARDIN) was added as a cosponsor poses. At the request of Mr. CORNYN, the of S. Con. Res. 63, a concurrent resolu- tion expressing the sense of Congress S. 3846 names of the Senator from South Da- that Taiwan should be accorded ob- At the request of Ms. COLLINS, the kota (Mr. THUNE), the Senator from names of the Senator from New Jersey South Carolina (Mr. DEMINT) and the server status in the International Civil Aviation Organization (ICAO). (Mr. MENENDEZ) and the Senator from Senator from Oklahoma (Mr. COBURN) New Mexico (Mr. UDALL) were added as were added as cosponsors of S. 3924, a S. RES. 676 bill to promote transparency and ac- cosponsors of S. 3846, a bill to establish At the request of Mrs. SHAHEEN, the countability concerning the implemen- a temporary prohibition on termi- names of the Senator from North Da- tation of the Patient Protection and nation coverage under the TRICARE kota (Mr. DORGAN), the Senator from Affordable Care Act. program for age of dependents under New Jersey (Mr. LAUTENBERG), the Sen- S. 3925 the age of 26 years. ator from Montana (Mr. TESTER) and S. 3865 At the request of Mr. BINGAMAN, the the Senator from South Dakota (Mr. At the request of Mr. BROWN of Ohio, names of the Senator from Rhode Is- JOHNSON) were added as cosponsors of the name of the Senator from South land (Mr. WHITEHOUSE), the Senator S. Res. 676, a resolution supporting the Carolina (Mr. GRAHAM) was added as a from Wisconsin (Mr. FEINGOLD), the goals and ideals of American Diabetes cosponsor of S. 3865, a bill to facilitate Senator from Oregon (Mr. MERKLEY), Month. nationwide availability of volunteer in- the Senator from Washington (Ms. S. RES. 677 come tax assistance for low-income CANTWELL) and the Senator from and underserved populations, and for Michigan (Ms. STABENOW) were added At the request of Mr. CARPER, the other purposes. as cosponsors of S. 3925, a bill to amend names of the Senator from Georgia (Mr. CHAMBLISS), the Senator from S. 3874 the Energy Policy and Conservation Georgia (Mr. ISAKSON) and the Senator At the request of Mrs. BOXER, the Act to improve the energy efficiency from Colorado (Mr. UDALL) were added names of the Senator from Tennessee of, and standards applicable to, certain as cosponsors of S. Res. 677, a resolu- (Mr. ALEXANDER) and the Senator from appliances and equipment, and for tion to express the sense of the Senate Rhode Island (Mr. WHITEHOUSE) were other purposes. regarding the importance of recycling added as cosponsors of S. 3874, a bill to S. 3928 and the inception of recycling on the amend the Safe Drinking Act to reduce At the request of Mr. INOUYE, the National Mall. lead in drinking water. names of the Senator from Maine (Ms. S. 3881 SNOWE) and the Senator from Lou- AMENDMENT NO. 4618 At the request of Mr. CARDIN, the isiana (Mr. VITTER) were added as co- At the request of Mr. NELSON of Flor- name of the Senator from Mississippi sponsors of S. 3928, a bill to strengthen ida, the names of the Senator from (Mr. WICKER) was added as a cosponsor Federal consumer product safety pro- Connecticut (Mr. LIEBERMAN), the Sen- of S. 3881, a bill to require the Sec- grams and activities with respect to ator from Louisiana (Ms. LANDRIEU) retary of State to identify individuals commercially-marketed seafood by di- and the Senator from Vermont (Mr. responsible for the detention, abuse, or recting the Secretary of Commerce to LEAHY) were added as cosponsors of death of Sergei Magnitsky or for the coordinate with the Federal Trade amendment No. 4618 intended to be pro- conspiracy to defraud the Russian Fed- Commission and other appropriate Fed- posed to S. 3454, an original bill to au- eration of taxes on corporate profits eral agencies to strengthen and coordi- thorize appropriations for fiscal year through fraudulent transactions and nate those programs and activities. 2011 for military activities of the De- lawsuits against Hermitage, and to im- S. 3932 partment of Defense, for military con- pose a visa ban and certain financial At the request of Mr. MENENDEZ, the struction, and for defense activities of measures with respect to such individ- name of the Senator from Pennsyl- the Department of Energy, to prescribe uals, until the Russian Federation has vania (Mr. SPECTER) was added as a co- military personnel strengths for such thoroughly investigated the death of sponsor of S. 3932, a bill to provide fiscal year, and for other purposes.

VerDate Mar 15 2010 02:35 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.083 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7971 STATEMENTS ON INTRODUCED tive and Retired Federal Employees pendents; to the Committee on Armed BILLS AND JOINT RESOLUTIONS Association, NARFE, and the National Services. By Mr. KERRY (for himself, Mr. Committee to Preserve Social Security Mr. BEGICH. Mr. President, today I DODD, Mr. CASEY, and Mr. and Medicare, NCPSSM. am introducing the Space Available BINGAMAN): Now is the time to protect all Medi- Equity Act. S. 3950. A bill to amend title XVIII of care beneficiaries from substantial and Members and retirees of the National the Social Security Act to provide for unfair Part B premium increases next Guard and Reserve, their families, and the application of a consistent Medi- year. I look forward to working with surviving military spouses make great care part B premium for all Medicare my colleagues in the Senate to pass the sacrifices for our Nation. However, too beneficiaries for 2011; to the Committee Medicare Premium Fairness Act before often these individuals do not receive on Finance. the end of the year. the benefits they have earned for their Mr. KERRY. Mr. President, the Cen- service. ters for Medicare and Medicaid Serv- By Mr. AKAKA: For instance, members of the reserve ices, CMS, recently announced that S. 3953. A bill to amend title 38, components and ‘‘gray area’’ retirees, nearly three-quarters of Medicare en- United States Code, to provide benefits National Guardsmen or Reservists eli- rollees will see no increase in their for children with spina bifida of vet- gible for retirement but under the age Medicare Part B premium in 2011. erans exposed to herbicides while serv- of 60, have limited space-available This group of beneficiaries is pro- ing in the Armed Forces during the travel privileges on Department of De- tected by a ‘‘hold harmless’’ provision Vietnam era outside Vietnam, and for fense aircraft under current regulation. in the law for years when there is no other purposes; to the Committee on Their space-available travel benefits increase in Social Security checks. As Veterans’ Affairs. are restricted to the continental a result, these beneficiaries will con- Mr. AKAKA. Mr. President, as chair- United States and are not extended to tinue to pay the same monthly pre- man of the Senate Committee on Vet- their dependents, unlike active duty mium of $96.40 that they have paid erans’ Affairs, today, I am introducing members and retirees. since 2008. legislation that would expand an exist- Surviving spouses of a military mem- Unfortunately, 27 percent of Medi- ing VA benefit program for certain ber eligible for retired pay retain no care beneficiaries do not receive this children with spina bifida. These bene- space-available travel privileges at all ‘‘hold-harmless’’ protection and will fits are currently provided under chap- after the death of their spouse, despite see their monthly premiums dispropor- ter 18 of title 38, United States Code, to having made a lifetime commitment to tionately increase to $115.40 to shoul- the natural children of veterans who the military or in many cases, lost der the full load for those beneficiaries were exposed to herbicides such as their loved one in war. who are held harmless. This represents Agent Orange, in Vietnam or near the To correct these inequities, I am in- an increase of nearly 19 percent over Demilitarized Zone, DMZ, in Korea troducing the National Guard, Reserve, the past two years with no cost of liv- during the Vietnam era. Gray Area Retiree, and Surviving ing adjustment to their retirement Current law provides benefits for the Spouse Space-available Travel Equity pensions or annuities. natural children of veterans exposed to Act. This bill will give these deserving This inequity in the law negatively herbicides only if the veteran served in individuals comprehensive and equi- affects new Medicare enrollees, low-in- a specific location, during a specific table space-available travel privileges come beneficiaries who receive Medi- time frame. VA reports that 1,222 on Department of Defense aircraft. The care and Medicaid, higher income en- childen currently receive these benefits bill is endorsed by the National Guard rollees who already pay higher pre- and that only 10 of these receive them Association of the United States. miums, and seniors who do not receive based on the service of a parent who I urge my colleagues to join me in Social Security, such as federal, state, served in outside of Vietnam. giving parity to our reserve component and local government retirees. However, VA has conceded that cer- members and surviving military I believe we have a responsibility to tain veterans who worked on the pe- spouses. protect all Medicare beneficiaries from rimeter of Air Force bases in Thailand Mr. President, I ask unanimous con- premium increase, especially during outside of the locations provided in sent that the text of the bill be printed these tough economic times when current law during the Vietnam era in the RECORD. every penny counts. A premium in- were exposed to herbicides. As a result, There being no objection, the text of crease for many seniors would mean children of those veterans suffering the bill was ordered to be printed in choosing between food and medicine from spina bifida are excluded from the the RECORD, as follows: and that’s a choice they should not benefits provided based solely on where S. 3955 have to make. the exposure occurred. That is why today I am introducing Be it enacted by the Senate and House of Rep- The legislation I am introducing resentatives of the United States of America in the Medicare Premium Fairness Act. today would correct this inequity. Be- Congress assembled, This legislation would restore fairness cause only a very small number of chil- SECTION 1. SHORT TITLE. to our Medicare system and put money dren whose veteran parent served out- This Act may be cited as the ‘‘National in the pockets of 12 million seniors and side of Vietnam currently receive bene- Guard, Reserve, ‘‘Gray Area’’ Retiree, and individuals with disabilities who des- fits, I expect only a small number of Surviving Spouses Space-available Travel perately need it. It would correct this children would qualify for benefits Equity Act of 2010’’. inequity in the law by applying the under this bill. However, it is an in- SEC. 2. ELIGIBILITY OF RESERVE MEMBERS, ‘‘hold harmless’’ provision to all Medi- equity that should be remedied. GRAY-AREA RETIREES, WIDOWS AND care beneficiaries, so that no enrollee WIDOWERS OF RETIRED MEMBERS, I urge our colleagues to support this AND DEPENDENTS FOR SPACE- will pay a monthly premium more than bill and provide the exact same benefit AVAILABLE TRAVEL ON MILITARY $96.40 in 2011. to all children who have spina bifida AIRCRAFT. The Medicare Premium Fairness Act related to the veteran parent’s expo- (a) ELIGIBILITY.—Chapter 157 of title 10, is cosponsored by Senator DODD and sure to herbicides regardless of the lo- United States Code, is amended by inserting Senator CASEY, both of whom have cation of their parent’s exposure. after section 2651 the following new section: been integral to the development of ‘‘§ 2652. Space-available travel on department this legislation. Our legislation is sup- By Mr. BEGICH: of defense aircraft: reserve members, re- ported by twenty four organizations S. 3955. A bill to amend title 10, serve members eligible for retired pay but that represent retirees and senior citi- United States Code, to authorize space- for age; widows and widowers of retired members and dependents zens across the country. I would like to available travel on military aircraft thank all of the number of organiza- for members of the reserve compo- ‘‘(a) RESERVE MEMBERS.—A member of a reserve component holding a valid Uni- tions who have endorsed our legislation nents, a member or former member of formed Services Identification and Privilege today, including the American Federa- a reserve component who is eligible for Card shall be provided transportation on De- tion of State, County and Municipal retired pay but for age, widows and partment of Defense aircraft, on a space- Employees, AFSCME, the National Ac- widowers of retired members, and de- available basis, on the same basis as active

VerDate Mar 15 2010 03:53 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.088 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7972 CONGRESSIONAL RECORD — SENATE November 17, 2010 duty members of the uniformed services injuries which prevent them con- and teaching hospitals have adequate under any other provision of law or Depart- tinuing service. resources to train the next generation ment of Defense regulation. These servicemembers have served of doctors. I have championed legisla- ‘‘(b) RESERVE RETIREES UNDER APPLICABLE ELIGIBILITY AGE.—A member or former mem- their country dutifully. They have tion to improve the financing of GME ber of a reserve component who, but for earned the right to retain commissary payments to teaching hospitals and an- being under the eligibility age applicable to and exchange privileges after being nually spearhead efforts to increase the member under section 12731 of this title, honorably discharged for disabilities grant funding for health professions otherwise would be eligible for retired pay that prevent further service and may programs through the appropriations under chapter 1223 of this title shall be pro- preclude certain types of employment process. In addition, the new health in- vided transportation on Department of De- thus hindering their ability to provide surance reform law contains an entire fense aircraft, on a space-available basis, on for their families. title of workforce provisions, many of the same basis as members of the armed forces entitled to retired pay under any My legislation will give commissary which I helped to write. The consistent other provision of law or Department of De- and exchange privileges to individuals goal of these efforts has been to sup- fense regulation. medically separated from the military port our future health care workforce ‘‘(c) WIDOWS AND WIDOWERS OF RETIRED to ease economic hardships faced after and improve the care that patients re- MEMBERS.— their discharge. Additionally, by grant- ceive. The GME Reform Act is an ex- ‘‘(1) IN GENERAL.—An unremarried widow ing commissary and exchange privi- tension of those efforts. or widower of a member of the armed forces leges to these Soldiers, Sailors, Air- The legislation challenges recent described in paragraph (2) shall be provided statements by some experts that Medi- transportation on Department of Defense men, and Marines they will be able to aircraft, on a space-available basis, on the stay connected to their military com- care overpays teaching hospitals to same basis as members of the armed forces munities. train medical residents by increasing entitled to retired pay under any other pro- This legislation is supported by the federal oversight of medical residency vision of law or Department of Defense regu- National Guard Association of the programs. For most teaching hospitals, lation. United States. I hope my colleagues which incur higher costs than other ‘‘(2) MEMBERS COVERED.—A member of the will join me in this effort to honor and hospitals, this funding is essential to armed forces referred to in paragraph (1) is a recognize the sacrifices of our disabled support residency programs and pro- member who— vide high-quality patient care. In addi- ‘‘(A) is entitled to retired pay; servicemembers. ‘‘(B) dies in line of duty while on active Mr. President, I ask unanimous con- tion, now is not the time to starve duty and is not eligible for retired pay; or sent that the text of the bill be printed these important programs of the fund- ‘‘(C) in the case of a member of a reserve in the RECORD. ing necessary to train our future component, dies as a result of a line of duty There being no objection, the text of health care workforce since 30 million condition and is not eligible for retired pay. the bill was ordered to be printed in more Americans will gain access to ‘‘(d) DEPENDENTS.—A dependent of a mem- the RECORD, as follows: health insurance in 2014. ber or former member described in either S. 3956 First, the legislation would enhance subsections (a) or (b) or of a deceased mem- GME payment transparency. New in- ber entitled to retired pay holding a valid Be it enacted by the Senate and House of Rep- Uniformed Services Identification and Privi- resentatives of the United States of America in formation about the amount of GME lege Card and a surviving unremarried Congress assembled, funding that teaching hospitals receive spouse and the surviving dependent of a de- SECTION 1. USE OF COMMISSARY AND EX- respective to the costs to remain oper- ceased member or former member described CHANGE FACILITIES BY FORMER ational would demonstrate that more in subsection (b) holding a valid Uniformed MEMBERS OF THE ARMED FORCES could be done to support these impor- Services Identification and Privilege Card WHO WERE RETIRED OR SEPARATED FOR PHYSICAL DISABILITY. tant programs. shall be provided transportation on Depart- The GME Reform Act would also en- ment of Defense aircraft, on a space-avail- (a) IN GENERAL.—Chapter 54 of title 10, United States Code, is amended by inserting sure that teaching hospitals and resi- able basis, if the dependent is accompanying dency programs spend GME funding to the member or, in the case of a deceased after section 1063 the following new section: member, is the surviving unremarried spouse ‘‘§ 1063a. Use of commissary stores and MWR train residents in new models of care of the deceased member or is a dependent ac- retail facilities: former members retired or and updated technology. Some medical companying the surviving unremarried separated for physical disability residents, including those in my state, spouse of the deceased member. ‘‘(a) ELIGIBILITY OF FORMER MEMBERS.—A are already trained in these areas, but ‘‘(e) DEFINITION OF DEPENDENT.—In this former member of the armed forces who was that is not the case in programs section, the term ‘dependent’ has the mean- retired or separated from the armed forces throughout the country. This legisla- ing given that term in section 1072 of this for physical disability under chapter 61 of tion would encourage reform in every title.’’. this title shall be permitted to use com- program by linking three percent of in- (b) CLERICAL AMENDMENT.—The table of missary stores and MWR retail facilities on sections at the beginning of such chapter is the same basis as members of the armed direct medical education payments to amended by inserting after the item relating forces on active duty. teaching hospitals to the performance to section 2651 the following new item: ‘‘(b) MWR RETAIL FACILITY DEFINED.—In of residency programs. Medical col- ‘‘2652. Space-available travel on department this section, the term ‘MWR retail facility’ leges, accrediting bodies, and other of defense aircraft: reserve has the meaning given that term in section stakeholders that are most familiar members, reserve members eli- 1063(e) of this title.’’. with how to train residents would set gible for retired pay but for (b) CLERICAL AMENDMENT.—The table of the specific performance measures. age; widows and widowers of re- sections at the beginning of chapter 54 of This new oversight would help to break tired members and depend- such title is amended by inserting after the ents.’’. item relating to section 1063 the following down the silos in medicine and ensure new item: that physicians work together to pro- By Mr. BEGICH: ‘‘1063a. Use of commissary stores and MWR vide patients with comprehensive S. 3956. A bill to amend title 10, retail facilities: former mem- health care. United States Code, to permit the use bers retired or separated for These are important and sensible re- of commissary and exchange facilities physical disability.’’. forms. As I said, many programs by former members of the Armed throughout the country have already Forces who were retired or separated By Mr. REED (for himself and acted in this manner. But, since it is for physical disability; to the Com- Mr. WHITEHOUSE): often most effective to have a reason- mittee on Armed Services. S. 3957. A bill to establish a medical able balance of oversight and incen- Mr. BEGICH. Mr. President, I am in- education trust fund, and for other pur- tives, this legislation would provide a troducing a bill to provide medically poses; to the Committee on Finance. bonus payment to programs that train separated servicemembers and their Mr. REED. Mr. President, today I in- at least one-third of all residents in family continued access to com- troduce the Graduate Medical Edu- primary care. missaries and exchanges. Unfortu- cation Reform Act of 2010 along with In addition, this legislation would nately, these individuals lose many my colleague Senator WHITEHOUSE. transform the way that children’s hos- benefits upon their honorable discharge During my tenure in Congress, I have pitals receive payments for training from the military for disabilities and worked to ensure that medical schools the future health care workforce by

VerDate Mar 15 2010 02:35 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.109 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7973 taking those payments out of the dis- formance of the hospital on measures of grams were enrolled in medical residency cretionary appropriations process and health care work force priorities specified by training programs in primary care (as de- providing mandatory, stable funding the Secretary. fined in clause (xii)(VI)). every year through a new trust fund.It ‘‘(II) MEASURES.—The measures of health ‘‘(II) PAYMENTS FROM MEDICAL EDUCATION care workforce priorities specified by the TRUST FUND.—Payments to hospitals under would also extend residency training Secretary under this clause shall include the subclause (I) shall be made from the Medical funds to children’s psychiatric hos- extent of training provided in— Education Trust Fund under section 9512 of pitals and women and infants hos- ‘‘(aa) primary care (as defined in subclause the Internal Revenue Code of 1986. pitals. There are just a handful of hos- (VII)), excluding fellowships; ‘‘(III) LIMITATION.—The total of the pay- pitals around the country that fall in ‘‘(bb) a variety of settings and systems; ments made to eligible hospitals under sub- these two categories, including two in ‘‘(cc) the coordination of patient care clause (I) with respect to an applicable pe- Rhode Island. Indeed, they should also across settings; riod shall not exceed an amount equal to the ‘‘(dd) the relevant cost and value of various have access to the resources necessary funds appropriated to such Trust Fund under diagnostic and treatment options; subsection (b)(1) of such section 9512 for the to support the training of residents. ‘‘(ee) interprofessional and multidisci- fiscal year ending on September 30 of such I am pleased that the GME Reform plinary care teams; applicable period.’’. Act is supported by the only medical ‘‘(ff) methods for identifying system errors SEC. 3. PAYMENTS FOR GRADUATE MEDICAL school in my state, the Warren Alpert and implementing system solutions; and EDUCATION TO HOSPITALS NOT Medical School of Brown University. ‘‘(gg) the use of health information tech- OTHERWISE ELIGIBLE FOR PAY- nology. My colleagues, Leader REID, Senator MENTS UNDER THE MEDICARE PRO- ‘‘(III) MEASURE DEVELOPMENT PROCE- GRAM. NELSON of Florida, and Senator SCHU- DURES.— Title XVIII of the Social Security Act (42 MER have also taken great interest in ‘‘(aa) IN GENERAL.—The measures of health U.S.C. 1395 et seq.) is amended by adding at supporting our future health care care workforce priorities specified by the the end the following new section: workforce by championing legislation Secretary under this clause shall be meas- ‘‘GRADUATE MEDICAL EDUCATION PAYMENTS to increase the number of physicians ures that have been adopted or endorsed by FOR HOSPITALS NOT OTHERWISE ELIGIBLE trained each year. This effort is vitally a consensus organization (such as the Ac- creditation Council for Graduate Medical ‘‘SEC. 1899B. (a) PROGRAM.— important to ending the shortage of ‘‘(1) IN GENERAL.—The Secretary shall es- primary care providers in many areas, Education or the Commission on Osteopathic College Accreditation), that include meas- tablish a program under which payments are responding to the increased demand of ures that have been submitted by teaching made to eligible hospitals for each applicable a growing and aging population, and hospitals and medical schools, and that the period for direct expenses and indirect ex- preparing for the implementation of Secretary identifies as having used a con- penses associated with operating approved the new health insurance reform law. I sensus-based process for developing such graduate medical residency training pro- grams. look forward to continuing to support measures. ‘‘(bb) PROPOSED SET OF MEASURES.—Not ‘‘(2) REQUIREMENTS.—Under the program their efforts and working with them on under paragraph (1), the provisions of section the GME Reform Act as well. later than January 1, 2013, the Secretary shall publish in the Federal Register a pro- 340E of the Public Health Service Act shall Mr. President, I ask unanimous con- posed set of measures for use under this apply to payments to eligible hospitals in a sent that the text of the bill be printed clause. The Secretary shall provide for a pe- similar manner as such provisions apply to in the RECORD. riod of public comment on such measures. payments to children’s hospitals under such There being no objection, the text of ‘‘(cc) FINAL SET OF MEASURES.—Not later section 340E, except that— the bill was ordered to be printed in than June 30, 2013, the Secretary shall pub- ‘‘(A) payments to eligible hospitals under the program shall be made from the Medical the RECORD, as follows: lish in the Federal Register the set of meas- ures to be specified by the Secretary for use Education Trust Fund under section 9512 of S. 3957 under this clause. the Internal Revenue Code of 1986; and Be it enacted by the Senate and House of Rep- ‘‘(IV) ADJUSTMENT.—Subject to subclause ‘‘(B) the total of the payments made to eli- resentatives of the United States of America in (V), the Secretary shall determine the gible hospitals under the program in an ap- Congress assembled, amount of any adjustment under this clause plicable period shall not exceed an amount SECTION 1. SHORT TITLE; TABLE OF CONTENTS. to payments to a hospital under this sub- equal to— (a) SHORT TITLE.—This Act may be cited as paragraph in an applicable period. Such ad- ‘‘(i) the funds appropriated to such Trust the ‘‘Graduate Medical Education Reform justment may not exceed an amount equal to Fund under subsection (b)(1) of such section Act of 2010’’. 3 percent of the total amount that the hos- 9512 for the fiscal year ending on September (b) TABLE OF CONTENTS.—The table of con- pital would otherwise receive under this sub- 30 of such applicable period; minus tents of this Act is as follows: paragraph in such period. ‘‘(ii) the total amount of payments made Sec. 1. Short title; table of contents. ‘‘(V) BUDGET NEUTRAL.—In making adjust- to hospitals under section 1886(d)(5)(B)(xiii) Sec. 2. Medicare indirect medical education ments under this clause, the Secretary shall in applicable period. performance adjustment and ensure that the total amount of payments ‘‘(b) ELIGIBLE HOSPITAL DEFINED.—In this primary care training bonus. made to all hospitals under this subpara- section, the term ‘eligible hospital’ means Sec. 3. Payments for graduate medical edu- graph for an applicable period is equal to the the following hospitals: cation to hospitals not other- total amount of payments that would have ‘‘(1) A children’s hospital (as defined in sec- wise eligible for payments been made to such hospitals under this sub- tion 340E(g)(2) of the Public Health Service under the Medicare program. paragraph in such period if this clause and Act). Sec. 4. Increasing graduate medical edu- clause (xii)(III) had not been enacted. ‘‘(2) A freestanding psychiatric hospital cation transparency. ‘‘(VI) PRIMARY CARE DEFINED.—In this that has— Sec. 5. Establishment of trust fund. clause, the term ‘primary care’ means family ‘‘(A) 90 percent or more inpatients under Sec. 6. Partial financing for trust fund from medicine, general internal medicine, general the age of 18; fees on insured and self-insured pediatrics, preventive medicine, obstetrics ‘‘(B) its own Medicare provider number as health plans. and gynecology, and psychiatry. of December 6, 1999; and SEC. 2. MEDICARE INDIRECT MEDICAL EDU- ‘‘(VII) APPLICABLE PERIOD DEFINED.—In this ‘‘(C) an accredited residency program. CATION PERFORMANCE ADJUST- clause, the term ‘applicable period’ means ‘‘(3) A hospital— MENT AND PRIMARY CARE TRAIN- the 12-month period beginning on July 1 of ‘‘(A) that annually has at least 3,000 births; ING BONUS. each year (beginning with 2013). ‘‘(B) for which less than 4 percent of the Section 1886(d)(5)(B) of the Social Security ‘‘(xiii) BONUS PAYMENT FOR TRAINING IN PRI- total annual discharges from the hospital are Act (42 U.S.C. 1395ww(d)(1)(B)) is amended— MARY CARE.— Medicare discharges of individuals who, as of (1) by redesignating the clause (x) as added ‘‘(I) IN GENERAL.—Subject to subclause the time of the discharge— by section 5505(b) of the Patient Protection (III), in the case of discharges occurring dur- ‘‘(i) were entitled to, or enrolled for, bene- and Affordable Care Act as clause (xi); and ing an applicable period, in addition to the fits under part A; and (2) by adding at the end the following new amount of payments that a hospital receives ‘‘(ii) were not enrolled in— clauses: for indirect medical education costs under ‘‘(I) a Medicare Advantage plan under part ‘‘(xii) ADJUSTMENT FOR PERFORMANCE.— this subparagraph for such discharges (deter- C; ‘‘(I) IN GENERAL.—The Secretary shall es- mined after any adjustment under clause ‘‘(II) an eligible organization under section tablish and implement procedures under (xii)), there shall also be paid to the hospital 1876; or which the amount of payments that a hos- an amount equal to 1 percent of such pay- ‘‘(III) a PACE program under section 1894; pital would otherwise receive for indirect ments if, during such applicable period, at ‘‘(C) that has its own Medicare provider medical education costs under this subpara- least 33 percent of full-time equivelent resi- number; and graph for discharges occurring during an ap- dents (excluding fellowships) enrolled in the ‘‘(D) that has an accredited residency pro- plicable period is adjusted based on the per- hospital’s medical residency training pro- gram.

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‘‘(c) APPLICABLE PERIOD DEFINED.—In this indirectly seeks to waive the application of (1) INSTITUTION OF HIGHER EDUCATION.—The section, the term ‘applicable period’ has the this paragraph. term ‘‘institution of higher education’’ has meaning given that term in section ‘‘(c) TRUSTEE.—The Secretary of Health the meaning given that term in section 101 of 1886(d)(5)(B)(xii)(VII). and Human Services shall be a trustee of the the Higher Education Act of 1965 (20 U.S.C. ‘‘(d) REGULATIONS.—The Secretary shall Trust Fund. 1001). promulgate regulations to carry out this sec- ‘‘(d) EXPENDITURES FROM TRUST FUND.— (2) UNIFORMED SERVICES.—The term ‘‘uni- tion.’’. Amounts in the Trust Fund are available, formed services’’ has the meaning given that SEC. 4. INCREASING GRADUATE MEDICAL EDU- without further appropriation, to the Sec- term in section 101(a) of title 10, United CATION TRANSPARENCY. retary of Health and Human Services for States Code. (a) IN GENERAL.—Not later than 2 years making payments under sections SEC. 4. CANCELLATION OF REMOVAL AND AD- after the date of the enactment of this Act, 1886(d)(5)(B)(xiii) and 1899B of the Social Se- JUSTMENT OF STATUS OF CERTAIN and annually thereafter, the Secretary of curity Act. LONG-TERM RESIDENTS WHO EN- Health and Human Services shall submit to ‘‘(e) NET REVENUES.—For purposes of this TERED THE UNITED STATES AS CHILDREN. Congress and the National Health Care section, the term ‘net revenues’ means the (a) SPECIAL RULE FOR CERTAIN LONG-TERM Workforce Commission under section 5101 of amount estimated by the Secretary of the RESIDENTS WHO ENTERED THE UNITED STATES the Patient Protection and Affordable Care Treasury based on the excess of— AS CHILDREN.— Act a report on the graduate medical edu- ‘‘(1) the fees received in the Treasury under (1) IN GENERAL.—Notwithstanding any subchapter B of chapter 34, over cation payments that hospitals receive under other provision of law and except as other- ‘‘(2) the decrease in the tax imposed by the Medicare program. The report shall in- wise provided in this Act, the Secretary of chapter 1 resulting from the fees imposed by clude the following information with respect Homeland Security may cancel removal of, such subchapter.’’. to each hospital that receives such pay- and adjust to the status of an alien lawfully ments: (b) CLERICAL AMENDMENT.—The table of sections for subchapter A of chapter 98 of the admitted for permanent residence, subject to (1) The direct graduate medical education the conditional basis described in section 5, payments made to the hospital under section Internal Revenue Code of 1986 is amended by adding at the end the following new item: an alien who is inadmissible or deportable 1886(h) of the Social Security Act (42 U.S.C. from the United States, if the alien dem- 1395ww(h)). ‘‘Sec. 9512. Medical Education Trust Fund.’’. onstrates that— (2) The indirect medical education pay- SEC. 6. PARTIAL FINANCING FOR TRUST FUND (A) the alien has been physically present in ments made to the hospital under section FROM FEES ON INSURED AND SELF- the United States for a continuous period of INSURED HEALTH PLANS. 1886(d)(5)(B) of such Act (42 U.S.C. not less than 5 years immediately preceding (a) IMPOSITION OF FEE.—Section 4375(a) of 1395ww(d)(1)(B)). the date of enactment of this Act and was the Internal Revenue Code of 1986 is amend- (3) The number of residents counted for younger than 16 years of age on the date the ed— purposes of making the payments described alien initially entered the United States; (1) by striking ‘‘$2’’ and inserting ‘‘$4’’; and in paragraph (1). (B) the alien has been a person of good (2) by striking ‘‘$1’’ and inserting ‘‘$3’’. (4) The number of residents counted for moral character since the date of the enact- (b) CONFORMING AMENDMENT TO THE PA- purposes of making the payments described ment of this Act; TIENT-CENTERED OUTCOMES RESEARCH TRUST in paragraph (2). (C) the alien— FUND.—Section 9511(b)(1)(E) of the Internal (5) The number of residents, if any, that (i) is not inadmissible under paragraph (2), Revenue Code of 1986 is amended by inserting are not counted for purposes of making pay- (3), (6)(E), (10)(A), or (10)(C) of section 212(a) ‘‘one-half (or, in the case of fiscal year 2013, ments described in paragraph (1). of the Immigration and Nationality Act (8 one-third) of’’ after ‘‘equivalent to’’. (6) The number of residents, if any, that U.S.C. 1182(a)); and are not counted for purposes of making pay- By Mr. DURBIN (for himself, Mr. (ii) is not deportable under paragraph ments described in paragraph (2). (1)(E), (2), or (4) of section 237(a) of the Immi- (7) The percent that the payments de- LEAHY, and Mr. LUGAR): gration and Nationality Act (8 U.S.C. scribed in paragraphs (1) and (2) that are S. 3962. A bill to authorize the can- 1227(a)); made to the hospital make up of the total cellation of removal and adjustment of (D) the alien— costs that the hospital incurs in providing status of certain alien students who (i) has been admitted to an institution of graduate medical education, including sala- are long-term United States residents higher education in the United States; or ries, benefits, operational expenses, and all (ii) has earned a high school diploma or ob- other patient care costs. and who entered the United States as children and for other purposes; read tained a general education development cer- SEC. 5. ESTABLISHMENT OF TRUST FUND. tificate in the United States; (a) IN GENERAL.—Subchapter A of chapter the first time. Mr. DURBIN. Mr. President, I ask (E) the alien has never been under a final 98 of the Internal Revenue Code of 1986 (re- administrative or judicial order of exclusion, lating to establishment of trust funds) is unanimous consent that the text of the deportation, or removal, unless the alien— amended by adding at the end the following bill be printed in the RECORD. (i) has remained in the United States under new section: There being no objection, the text of color of law after such order was issued; or ‘‘SEC. 9512. MEDICAL EDUCATION TRUST FUND. the bill was ordered to be printed in (ii) received the order before attaining the ‘‘(a) CREATION OF TRUST FUND.—There is the RECORD, as follows: age of 16 years; and established in the Treasury of the United S. 3962 (F) the alien was younger than 35 years of States a trust fund to be known as the ‘Med- age on the date of the enactment of this Act. Be it enacted by the Senate and House of Rep- ical Education Trust Fund’ (hereafter in this (2) WAIVER.—Notwithstanding paragraph resentatives of the United States of America in section referred to as the ‘Trust Fund’), con- (1), the Secretary of Homeland Security may Congress assembled, sisting of such amounts as may be appro- waive the ground of ineligibility under sec- priated or credited to such Trust Fund as SECTION 1. SHORT TITLE. tion 212(a)(6)(E) of the Immigration and Na- provided in this section and section 9602(b). This Act may be cited as the ‘‘Develop- tionality Act and the ground of deportability ‘‘(b) TRANSFERS TO FUND.— ment, Relief, and Education for Alien Minors under paragraph (1)(E) of section 237(a) of ‘‘(1) APPROPRIATIONS.—There are hereby Act of 2010’’ or the ‘‘DREAM Act of 2010’’. that Act for humanitarian purposes or fam- appropriated to the Trust Fund in each fiscal SEC. 2. TABLE OF CONTENTS. ily unity or when it is otherwise in the pub- year (beginning with fiscal year 2013) the The table of contents for this Act is as fol- lic interest. sum of an amount equivalent to one-half (or, lows: (3) PROCEDURES.—The Secretary of Home- in the case of fiscal year 2013, two-thirds) of Sec. 1. Short title. land Security shall provide a procedure by the net revenues received in the Treasury Sec. 2. Table of contents. regulation allowing eligible individuals to from the fees imposed under subchapter B of Sec. 3. Definitions. apply affirmatively for the relief available chapter 34 (relating to fees on health insur- Sec. 4. Cancellation of removal and adjust- under this subsection without being placed ance and self-insured plans). ment of status of certain long- in removal proceedings. ‘‘(2) LIMITATION ON TRANSFERS.—No amount term residents who entered the (4) DEADLINE FOR SUBMISSION OF APPLICA- may be appropriated or transferred to the United States as children. TION.—An alien shall submit an application Trust Fund on and after the date of any ex- Sec. 5. Conditional permanent resident sta- for cancellation of removal or adjustment of penditure from the Trust Fund which is not tus. status under this subsection no later than an expenditure permitted under this section. Sec. 6. Retroactive benefits under this Act. the date that is one year after the date the The determination of whether an expendi- Sec. 7. Exclusive jurisdiction. alien— ture is so permitted shall be made without Sec. 8. Penalties for false statements in ap- (A) was admitted to an institution of high- regard to— plication. er education in the United States; or ‘‘(A) any provision of law which is not con- Sec. 9. Confidentiality of information. (B) earned a high school diploma or ob- tained or referenced in this chapter or in a Sec. 10. Higher Education assistance. tained a general education development cer- revenue Act; and Sec. 11. GAO report. tificate in the United States. ‘‘(B) whether such provision of law is a SEC. 3. DEFINITIONS. (b) TERMINATION OF CONTINUOUS PERIOD.— subsequently enacted provision or directly or In this Act: For purposes of this section, any period of

VerDate Mar 15 2010 02:44 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.091 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7975 continuous residence or continuous physical tional permanent resident status of any the alien’s residence in the United States presence in the United States of an alien who alien who obtained such status under this during the period of such service. applies for cancellation of removal under Act, if the Secretary determines that the (D) The alien has completed at least 1 of this section shall not terminate when the alien— the following: alien is served a notice to appear under sec- (A) ceases to meet the requirements of sub- (i) The alien has acquired a degree from an tion 239(a) of the Immigration and Nation- paragraph (B) or (C) of section 4(a)(1); institution of higher education in the United ality Act (8 U.S.C. 1229(a)). (B) has become a public charge; or States or has completed at least 2 years, in (c) TREATMENT OF CERTAIN BREAKS IN (C) has received a dishonorable or other good standing, in a program for a bachelor’s PRESENCE.— than honorable discharge from the uni- degree or higher degree in the United States. (1) IN GENERAL.—An alien shall be consid- formed services. (ii) The alien has served in the uniformed ered to have failed to maintain continuous (2) RETURN TO PREVIOUS IMMIGRATION STA- services for at least 2 years and, if dis- physical presence in the United States under TUS.—Any alien whose conditional perma- charged, has received an honorable dis- subsection (a) if the alien has departed from nent resident status is terminated under charge. the United States for any period in excess of paragraph (1) shall return to the immigra- (E) The alien has provided a list of each 90 days or for any periods in the aggregate tion status the alien had immediately prior secondary school (as that term is defined in exceeding 180 days. to receiving conditional permanent resident section 9101 of the Elementary and Sec- (2) EXTENSIONS FOR EXCEPTIONAL CIR- status under this Act. ondary Education Act of 1965 (20 U.S.C. 7801)) CUMSTANCES.—The Secretary of Homeland (c) REQUIREMENTS OF TIMELY PETITION FOR that the alien attended in the United States. Security may extend the time periods de- REMOVAL OF CONDITION.— (2) HARDSHIP EXCEPTION.— scribed in paragraph (1) if the alien dem- (1) IN GENERAL.—In order for the condi- (A) IN GENERAL.—The Secretary of Home- onstrates that the failure to timely return to tional basis of permanent resident status ob- land Security may, in the Secretary’s discre- the United States was due to exceptional cir- tained by an alien under subsection (a) to be tion, remove the conditional status of an cumstances. The exceptional circumstances removed, the alien must file with the Sec- alien if the alien— determined sufficient to justify an extension retary of Homeland Security, in accordance (i) satisfies the requirements of subpara- should be no less compelling than serious ill- with paragraph (3), a petition which requests graphs (A), (B), and (C) of paragraph (1); ness of the alien, or death or serious illness the removal of such conditional basis and (ii) demonstrates compelling cir- of a parent, grandparent, sibling, or child. which provides, under penalty of perjury, the cumstances for the inability to complete the (d) EXEMPTION FROM NUMERICAL LIMITA- facts and information so that the Secretary requirements described in paragraph (1)(D); TIONS.—Nothing in this section may be con- may make the determination described in and strued to apply a numerical limitation on paragraph (2)(A). (iii) demonstrates that the alien’s removal the number of aliens who may be eligible for (2) ADJUDICATION OF PETITION TO REMOVE from the United States would result in ex- cancellation of removal or adjustment of CONDITION.— ceptional and extremely unusual hardship to status under this section. (A) IN GENERAL.—If a petition is filed in ac- the alien or the alien’s spouse, parent, or (e) REGULATIONS.— cordance with paragraph (1) for an alien, the child who is a citizen or a lawful permanent (1) PROPOSED REGULATIONS.—Not later than Secretary of Homeland Security shall make resident of the United States. 180 days after the date of enactment of this a determination as to whether the alien (B) EXTENSION.—Upon a showing of good Act, the Secretary of Homeland Security meets the requirements set out in subpara- cause, the Secretary of Homeland Security shall publish proposed regulations imple- graphs (A) through (E) of subsection (d)(1). may extend the period of conditional resi- menting this section. Such regulations shall (B) REMOVAL OF CONDITIONAL BASIS IF FA- dent status for the purpose of completing the be effective immediately on an interim basis, VORABLE DETERMINATION.—If the Secretary but are subject to change and revision after determines that the alien meets such re- requirements described in paragraph (1)(D). public notice and opportunity for a period quirements, the Secretary shall notify the (e) TREATMENT OF PERIOD FOR PURPOSES OF for public comment. alien of such determination and immediately NATURALIZATION.—For purposes of title III of (2) INTERIM, FINAL REGULATIONS.—Within a remove the conditional basis of the status of the Immigration and Nationality Act (8 reasonable time after publication of the in- the alien. U.S.C. 1401 et seq.), in the case of an alien who is in the United States as a lawful per- terim regulations in accordance with para- (C) TERMINATION IF ADVERSE DETERMINA- manent resident on a conditional basis under graph (1), the Secretary of Homeland Secu- TION.—If the Secretary determines that the rity shall publish final regulations imple- alien does not meet such requirements, the this section, the alien shall be considered to menting this section. Secretary shall notify the alien of such de- have been admitted as an alien lawfully ad- (f) REMOVAL OF ALIEN.—The Secretary of termination and terminate the conditional mitted for permanent residence and to be in Homeland Security may not remove any permanent resident status of the alien as of the United States as an alien lawfully admit- alien who has a pending application for con- the date of the determination. ted to the United States for permanent resi- ditional status under this Act. dence. However, the conditional basis must (3) TIME TO FILE PETITION.—An alien may SEC. 5. CONDITIONAL PERMANENT RESIDENT petition to remove the conditional basis to be removed before the alien may apply for STATUS. naturalization. N ENERAL lawful resident status during the period be- (a) I G .— SEC. 6. RETROACTIVE BENEFITS UNDER THIS (1) CONDITIONAL BASIS FOR STATUS.—Not- ginning 180 days before and ending 2 years after either the date that is 6 years after the ACT. withstanding any other provision of law, and If, on the date of enactment of this Act, an except as provided in section 6, an alien date of the granting of conditional perma- nent resident status or any other expiration alien has satisfied all the requirements of whose status has been adjusted under section subparagraphs (A) through (E) of section 4 to that of an alien lawfully admitted for date of the conditional permanent resident status as extended by the Secretary of 4(a)(1) and section 5(d)(1)(D), the Secretary of permanent residence shall be considered to Homeland Security may adjust the status of have obtained such status on a conditional Homeland Security in accordance with this Act. The alien shall be deemed in conditional the alien to that of a conditional resident in basis subject to the provisions of this sec- accordance with section 4. The alien may pe- tion. Such conditional permanent resident permanent resident status in the United tition for removal of such condition at the status shall be valid for a period of 6 years, States during the period in which the peti- end of the conditional residence period in ac- subject to termination under subsection (b). tion is pending. cordance with section 5(c) if the alien has (2) NOTICE OF REQUIREMENTS.— (d) DETAILS OF PETITION.— met the requirements of subparagraphs (A), (A) AT TIME OF OBTAINING PERMANENT RESI- (1) CONTENTS OF PETITION.—Each petition (B), and (C) of section 5(d)(1) during the en- DENCE.—At the time an alien obtains perma- for an alien under subsection (c)(1) shall con- tire period of conditional residence. nent resident status on a conditional basis tain information to permit the Secretary of under paragraph (1), the Secretary of Home- Homeland Security to determine whether SEC. 7. EXCLUSIVE JURISDICTION. land Security shall provide for notice to the each of the following requirements is met: (a) IN GENERAL.—The Secretary of Home- alien regarding the provisions of this section (A) The alien has demonstrated good moral land Security shall have exclusive jurisdic- and the requirements of subsection (c) to character during the entire period the alien tion to determine eligibility for relief under have the conditional basis of such status re- has been a conditional permanent resident. this Act, except where the alien has been moved. (B) The alien is in compliance with section placed into deportation, exclusion, or re- (B) EFFECT OF FAILURE TO PROVIDE NO- 4(a)(1)(C). moval proceedings either prior to or after fil- TICE.—The failure of the Secretary of Home- (C) The alien has not abandoned the alien’s ing an application for relief under this Act, land Security to provide a notice under this residence in the United States. The Sec- in which case the Attorney General shall paragraph— retary shall presume that the alien has aban- have exclusive jurisdiction and shall assume (i) shall not affect the enforcement of the doned such residence if the alien is absent all the powers and duties of the Secretary provisions of this Act with respect to the from the United States for more than 365 until proceedings are terminated, or if a alien; and days, in the aggregate, during the period of final order of deportation, exclusion, or re- (ii) shall not give rise to any private right conditional residence, unless the alien dem- moval is entered the Secretary shall resume of action by the alien. onstrates that the alien has not abandoned all powers and duties delegated to the Sec- (b) TERMINATION OF STATUS.— the alien’s residence. An alien who is absent retary under this Act. (1) IN GENERAL.—The Secretary of Home- from the United States due to active service (b) STAY OF REMOVAL OF CERTAIN ALIENS land Security shall terminate the condi- in the uniformed services has not abandoned ENROLLED IN PRIMARY OR SECONDARY

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SCHOOL.—The Attorney General shall stay (3) Services under such title IV (20 U.S.C. wise provided in this Act, the Secretary of the removal proceedings of any alien who— 1070 et seq.), subject to the requirements for Homeland Security may cancel removal of, (1) meets all the requirements of subpara- such services. and adjust to the status of an alien lawfully graphs (A), (B), (C), and (E) of section 4(a)(1); SEC. 11. GAO REPORT. admitted for permanent residence, subject to (2) is at least 12 years of age; and Not later than seven years after the date of the conditional basis described in section 5, (3) is enrolled full time in a primary or sec- enactment of this Act, the Comptroller Gen- an alien who is inadmissible or deportable ondary school. eral of the United States shall submit to the from the United States, if the alien dem- (c) EMPLOYMENT.—An alien whose removal Committee on the Judiciary of the Senate onstrates that— is stayed pursuant to subsection (b) may be and the Committee on the Judiciary of the (A) the alien has been physically present in engaged in employment in the United States House of Representatives a report setting the United States for a continuous period of consistent with the Fair Labor Standards forth— not less than 5 years immediately preceding Act (29 U.S.C. 201 et seq.) and State and local (1) the number of aliens who were eligible the date of enactment of this Act and was laws governing minimum age for employ- for cancellation of removal and adjustment younger than 16 years of age on the date the ment. of status under section 4(a); alien initially entered the United States; IFT OF STAY.—The Attorney General (d) L (B) the alien has been a person of good shall lift the stay granted pursuant to sub- (2) the number of aliens who applied for ad- moral character since the date of the enact- section (b) if the alien— justment of status under section 4(a); ment of this Act; (1) is no longer enrolled in a primary or (3) the number of aliens who were granted (C) the alien— secondary school; or adjustment of status under section 4(a); and (i) is not inadmissible under paragraph (2), (2) ceases to meet the requirements of sub- (4) the number of aliens whose conditional (3), (6)(E), (10)(A), or (10)(C) of section 212(a) section (b)(1). permanent resident status was removed of the Immigration and Nationality Act (8 SEC. 8. PENALTIES FOR FALSE STATEMENTS IN under section 5. APPLICATION. U.S.C. 1182(a)); and Whoever files an application for relief By Mr. DURBIN (for himself, Mr. (ii) is not deportable under paragraph under this Act and willfully and knowingly LEAHY, and Mr. LUGAR): (1)(E), (2), or (4) of section 237(a) of the Immi- falsifies, misrepresents, or conceals a mate- S. 3963. A bill to authorize the can- gration and Nationality Act (8 U.S.C. rial fact or makes any false or fraudulent cellation of removal and adjustment of 1227(a)); statement or representation, or makes or (D) the alien— status of certain alien students who (i) has been admitted to an institution of uses any false writing or document knowing are long-term United States residents the same to contain any false or fraudulent higher education in the United States; or statement or entry, shall be fined in accord- and who entered the United States as (ii) has earned a high school diploma or ob- ance with title 18, United States Code, or im- children and for other purposes; read tained a general education development cer- prisoned not more than 5 years, or both. the first time. tificate in the United States; SEC. 9. CONFIDENTIALITY OF INFORMATION. Mr. DURBIN. Mr. President, I ask (E) the alien has never been under a final (a) PROHIBITION.—Except as provided in unanimous consent that the text of the administrative or judicial order of exclusion, deportation, or removal, unless the alien— subsection (b), no officer or employee of the bill be printed in the RECORD. United States may— There being no objection, the text of (i) has remained in the United States under color of law after such order was issued; or (1) use the information furnished by the the bill was ordered to be printed in applicant pursuant to an application filed (ii) received the order before attaining the under this Act to initiate removal pro- the RECORD, as follows: age of 16 years; and ceedings against any persons identified in S. 3963 (F) the alien was younger than 30 years of the application; Be it enacted by the Senate and House of Rep- age on the date of the enactment of this Act. (2) make any publication whereby the in- resentatives of the United States of America in (2) WAIVER.—Notwithstanding paragraph formation furnished by any particular indi- Congress assembled, (1), the Secretary of Homeland Security may vidual pursuant to an application under this SECTION 1. SHORT TITLE. waive the ground of ineligibility under sec- Act can be identified; or This Act may be cited as the ‘‘Develop- tion 212(a)(6)(E) of the Immigration and Na- (3) permit anyone other than an officer or ment, Relief, and Education for Alien Minors tionality Act and the ground of deportability employee of the United States Government Act of 2010’’ or the ‘‘DREAM Act of 2010’’. under paragraph (1)(E) of section 237(a) of or, in the case of applications filed under that Act for humanitarian purposes or fam- SEC. 2. TABLE OF CONTENTS. this Act with a designated entity, that des- ily unity or when it is otherwise in the pub- The table of contents for this Act is as fol- ignated entity, to examine applications filed lic interest. lows: under this Act. (3) PROCEDURES.—The Secretary of Home- (b) REQUIRED DISCLOSURE.—The Attorney Sec. 1. Short title. land Security shall provide a procedure by General or the Secretary of Homeland Secu- Sec. 2. Table of contents. regulation allowing eligible individuals to rity shall provide the information furnished Sec. 3. Definitions. apply affirmatively for the relief available under this section, and any other informa- Sec. 4. Cancellation of removal and adjust- under this subsection without being placed tion derived from such furnished informa- ment of status of certain long- in removal proceedings. tion, to— term residents who entered the (4) DEADLINE FOR SUBMISSION OF APPLICA- (1) a duly recognized law enforcement enti- United States as children. TION.—An alien shall submit an application ty in connection with an investigation or Sec. 5. Conditional permanent resident sta- for cancellation of removal or adjustment of prosecution of an offense described in para- tus. status under this subsection no later than graph (2) or (3) of section 212(a) of the Immi- Sec. 6. Retroactive benefits under this Act. the date that is one year after the date the Sec. 7. Exclusive jurisdiction. gration and Nationality Act (8 U.S.C. alien— Sec. 8. Penalties for false statements in ap- 1182(a)), when such information is requested (A) was admitted to an institution of high- plication. in writing by such entity; or er education in the United States; or Sec. 9. Confidentiality of information. (2) an official coroner for purposes of af- (B) earned a high school diploma or ob- firmatively identifying a deceased individual Sec. 10. Higher Education assistance. Sec. 11. GAO report. tained a general education development cer- (whether or not such individual is deceased tificate in the United States. as a result of a crime). SEC. 3. DEFINITIONS. (b) TERMINATION OF CONTINUOUS PERIOD.— (c) PENALTY.—Whoever knowingly uses, In this Act: For purposes of this section, any period of publishes, or permits information to be ex- (1) INSTITUTION OF HIGHER EDUCATION.—The continuous residence or continuous physical amined in violation of this section shall be term ‘‘institution of higher education’’ has presence in the United States of an alien who fined not more than $10,000. the meaning given that term in section 101 of applies for cancellation of removal under SEC. 10. HIGHER EDUCATION ASSISTANCE. the Higher Education Act of 1965 (20 U.S.C. this section shall not terminate when the Notwithstanding any provision of the 1001). alien is served a notice to appear under sec- Higher Education Act of 1965 (20 U.S.C. 1001 (2) UNIFORMED SERVICES.—The term ‘‘uni- tion 239(a) of the Immigration and Nation- et seq.), with respect to assistance provided formed services’’ has the meaning given that ality Act (8 U.S.C. 1229(a)). under title IV of the Higher Education Act of term in section 101(a) of title 10, United 1965 (20 U.S.C. 1070 et seq.), an alien who ad- States Code. (c) TREATMENT OF CERTAIN BREAKS IN PRESENCE.— justs status to that of a lawful permanent SEC. 4. CANCELLATION OF REMOVAL AND AD- resident under this Act shall be eligible only JUSTMENT OF STATUS OF CERTAIN (1) IN GENERAL.—An alien shall be consid- for the following assistance under such title: LONG-TERM RESIDENTS WHO EN- ered to have failed to maintain continuous (1) Student loans under parts B, D, and E of TERED THE UNITED STATES AS physical presence in the United States under such title IV (20 U.S.C. 1071 et seq., 1087a et CHILDREN. subsection (a) if the alien has departed from seq., 1087aa et seq.), subject to the require- (a) SPECIAL RULE FOR CERTAIN LONG-TERM the United States for any period in excess of ments of such parts. RESIDENTS WHO ENTERED THE UNITED STATES 90 days or for any periods in the aggregate (2) Federal work-study programs under AS CHILDREN.— exceeding 180 days. part C of such title IV (42 U.S.C. 2751 et seq.), (1) IN GENERAL.—Notwithstanding any (2) EXTENSIONS FOR EXCEPTIONAL CIR- subject to the requirements of such part. other provision of law and except as other- CUMSTANCES.—The Secretary of Homeland

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Security may extend the time periods de- (c) REQUIREMENTS OF TIMELY PETITION FOR ondary Education Act of 1965 (20 U.S.C. 7801)) scribed in paragraph (1) if the alien dem- REMOVAL OF CONDITION.— that the alien attended in the United States. onstrates that the failure to timely return to (1) IN GENERAL.—In order for the condi- (2) HARDSHIP EXCEPTION.— the United States was due to exceptional cir- tional basis of permanent resident status ob- (A) IN GENERAL.—The Secretary of Home- cumstances. The exceptional circumstances tained by an alien under subsection (a) to be land Security may, in the Secretary’s discre- determined sufficient to justify an extension removed, the alien must file with the Sec- tion, remove the conditional status of an should be no less compelling than serious ill- retary of Homeland Security, in accordance alien if the alien— ness of the alien, or death or serious illness with paragraph (3), a petition which requests (i) satisfies the requirements of subpara- of a parent, grandparent, sibling, or child. the removal of such conditional basis and graphs (A), (B), and (C) of paragraph (1); (d) EXEMPTION FROM NUMERICAL LIMITA- which provides, under penalty of perjury, the (ii) demonstrates compelling cir- TIONS.—Nothing in this section may be con- facts and information so that the Secretary cumstances for the inability to complete the strued to apply a numerical limitation on may make the determination described in requirements described in paragraph (1)(D); the number of aliens who may be eligible for paragraph (2)(A). and cancellation of removal or adjustment of (2) ADJUDICATION OF PETITION TO REMOVE (iii) demonstrates that the alien’s removal status under this section. CONDITION.— from the United States would result in ex- (e) REGULATIONS.— (A) IN GENERAL.—If a petition is filed in ac- ceptional and extremely unusual hardship to (1) PROPOSED REGULATIONS.—Not later than cordance with paragraph (1) for an alien, the the alien or the alien’s spouse, parent, or 180 days after the date of enactment of this Secretary of Homeland Security shall make child who is a citizen or a lawful permanent Act, the Secretary of Homeland Security a determination as to whether the alien resident of the United States. shall publish proposed regulations imple- meets the requirements set out in subpara- (B) EXTENSION.—Upon a showing of good menting this section. Such regulations shall graphs (A) through (E) of subsection (d)(1). cause, the Secretary of Homeland Security be effective immediately on an interim basis, (B) REMOVAL OF CONDITIONAL BASIS IF FA- may extend the period of conditional resi- but are subject to change and revision after VORABLE DETERMINATION.—If the Secretary dent status for the purpose of completing the public notice and opportunity for a period determines that the alien meets such re- requirements described in paragraph (1)(D). for public comment. quirements, the Secretary shall notify the (e) TREATMENT OF PERIOD FOR PURPOSES OF (2) INTERIM, FINAL REGULATIONS.—Within a alien of such determination and immediately NATURALIZATION.—For purposes of title III of reasonable time after publication of the in- remove the conditional basis of the status of the Immigration and Nationality Act (8 terim regulations in accordance with para- the alien. U.S.C. 1401 et seq.), in the case of an alien graph (1), the Secretary of Homeland Secu- (C) TERMINATION IF ADVERSE DETERMINA- who is in the United States as a lawful per- rity shall publish final regulations imple- TION.—If the Secretary determines that the manent resident on a conditional basis under menting this section. alien does not meet such requirements, the this section, the alien shall be considered to (f) REMOVAL OF ALIEN.—The Secretary of Secretary shall notify the alien of such de- have been admitted as an alien lawfully ad- Homeland Security may not remove any termination and terminate the conditional mitted for permanent residence and to be in alien who has a pending application for con- the United States as an alien lawfully admit- ditional status under this Act. permanent resident status of the alien as of the date of the determination. ted to the United States for permanent resi- SEC. 5. CONDITIONAL PERMANENT RESIDENT dence. However, the conditional basis must STATUS. (3) TIME TO FILE PETITION.—An alien may petition to remove the conditional basis to be removed before the alien may apply for (a) IN GENERAL.— naturalization. (1) CONDITIONAL BASIS FOR STATUS.—Not- lawful resident status during the period be- SEC. 6. RETROACTIVE BENEFITS UNDER THIS withstanding any other provision of law, and ginning 180 days before and ending 2 years after either the date that is 6 years after the ACT. except as provided in section 6, an alien If, on the date of enactment of this Act, an whose status has been adjusted under section date of the granting of conditional perma- nent resident status or any other expiration alien has satisfied all the requirements of 4 to that of an alien lawfully admitted for subparagraphs (A) through (E) of section permanent residence shall be considered to date of the conditional permanent resident status as extended by the Secretary of 4(a)(1) and section 5(d)(1)(D), the Secretary of have obtained such status on a conditional Homeland Security may adjust the status of basis subject to the provisions of this sec- Homeland Security in accordance with this Act. The alien shall be deemed in conditional the alien to that of a conditional resident in tion. Such conditional permanent resident accordance with section 4. The alien may pe- status shall be valid for a period of 6 years, permanent resident status in the United States during the period in which the peti- tition for removal of such condition at the subject to termination under subsection (b). end of the conditional residence period in ac- tion is pending. (2) NOTICE OF REQUIREMENTS.— cordance with section 5(c) if the alien has (A) AT TIME OF OBTAINING PERMANENT RESI- (d) DETAILS OF PETITION.— met the requirements of subparagraphs (A), DENCE.—At the time an alien obtains perma- (1) CONTENTS OF PETITION.—Each petition (B), and (C) of section 5(d)(1) during the en- nent resident status on a conditional basis for an alien under subsection (c)(1) shall con- tire period of conditional residence. under paragraph (1), the Secretary of Home- tain information to permit the Secretary of SEC. 7. EXCLUSIVE JURISDICTION. land Security shall provide for notice to the Homeland Security to determine whether (a) IN GENERAL.—The Secretary of Home- alien regarding the provisions of this section each of the following requirements is met: land Security shall have exclusive jurisdic- and the requirements of subsection (c) to (A) The alien has demonstrated good moral tion to determine eligibility for relief under have the conditional basis of such status re- character during the entire period the alien this Act, except where the alien has been moved. has been a conditional permanent resident. placed into deportation, exclusion, or re- (B) EFFECT OF FAILURE TO PROVIDE NO- (B) The alien is in compliance with section moval proceedings either prior to or after fil- TICE.—The failure of the Secretary of Home- 4(a)(1)(C). ing an application for relief under this Act, land Security to provide a notice under this (C) The alien has not abandoned the alien’s in which case the Attorney General shall paragraph— residence in the United States. The Sec- have exclusive jurisdiction and shall assume (i) shall not affect the enforcement of the retary shall presume that the alien has aban- all the powers and duties of the Secretary provisions of this Act with respect to the doned such residence if the alien is absent until proceedings are terminated, or if a alien; and from the United States for more than 365 final order of deportation, exclusion, or re- (ii) shall not give rise to any private right days, in the aggregate, during the period of moval is entered the Secretary shall resume of action by the alien. conditional residence, unless the alien dem- all powers and duties delegated to the Sec- (b) TERMINATION OF STATUS.— onstrates that the alien has not abandoned retary under this Act. (1) IN GENERAL.—The Secretary of Home- the alien’s residence. An alien who is absent (b) STAY OF REMOVAL OF CERTAIN ALIENS land Security shall terminate the condi- from the United States due to active service ENROLLED IN PRIMARY OR SECONDARY tional permanent resident status of any in the uniformed services has not abandoned SCHOOL.—The Attorney General shall stay alien who obtained such status under this the alien’s residence in the United States the removal proceedings of any alien who— Act, if the Secretary determines that the during the period of such service. (1) meets all the requirements of subpara- alien— (D) The alien has completed at least 1 of graphs (A), (B), (C), and (E) of section 4(a)(1); (A) ceases to meet the requirements of sub- the following: (2) is at least 12 years of age; and paragraph (B) or (C) of section 4(a)(1); (i) The alien has acquired a degree from an (3) is enrolled full time in a primary or sec- (B) has become a public charge; or institution of higher education in the United ondary school. (C) has received a dishonorable or other States or has completed at least 2 years, in (c) EMPLOYMENT.—An alien whose removal than honorable discharge from the uni- good standing, in a program for a bachelor’s is stayed pursuant to subsection (b) may be formed services. degree or higher degree in the United States. engaged in employment in the United States (2) RETURN TO PREVIOUS IMMIGRATION STA- (ii) The alien has served in the uniformed consistent with the Fair Labor Standards TUS.—Any alien whose conditional perma- services for at least 2 years and, if dis- Act (29 U.S.C. 201 et seq.) and State and local nent resident status is terminated under charged, has received an honorable dis- laws governing minimum age for employ- paragraph (1) shall return to the immigra- charge. ment. tion status the alien had immediately prior (E) The alien has provided a list of each (d) LIFT OF STAY.—The Attorney General to receiving conditional permanent resident secondary school (as that term is defined in shall lift the stay granted pursuant to sub- status under this Act. section 9101 of the Elementary and Sec- section (b) if the alien—

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(1) is no longer enrolled in a primary or (3) the number of aliens who were granted S. RES. 679 secondary school; or adjustment of status under section 4(a); and Whereas the 100th anniversary of the Act (2) ceases to meet the requirements of sub- (4) the number of aliens whose conditional of March 1, 1911 (commonly known as the section (b)(1). permanent resident status was removed ‘‘Weeks Law’’) (16 U.S.C. 552 et seq.), marks under section 5. SEC. 8. PENALTIES FOR FALSE STATEMENTS IN 1 of the most significant moments in con- APPLICATION. f Whoever files an application for relief servation and Forest Service history; under this Act and willfully and knowingly SUBMITTED RESOLUTIONS Whereas New Hampshire, along with the falsifies, misrepresents, or conceals a mate- southern Appalachians, was at the center of rial fact or makes any false or fraudulent efforts to pass the Weeks Law; statement or representation, or makes or SENATE RESOLUTION 678—CON- Whereas John Wingate Weeks, sponsor of uses any false writing or document knowing GRATULATING THE PENN STATE the Weeks Law, was born in Lancaster, New the same to contain any false or fraudulent Hampshire, and maintained a summer home NITTANY LIONS FOR THEIR statement or entry, shall be fined in accord- there that is now Weeks State Park; ance with title 18, United States Code, or im- 400TH WIN UNDER HEAD FOOT- Whereas, in 1903, the Appalachian Moun- prisoned not more than 5 years, or both. BALL COACH JOE PATERNO tain Club, and the newly formed Society for SEC. 9. CONFIDENTIALITY OF INFORMATION. Mr. CASEY (for himself and Mr. the Protection of New Hampshire’s Forests, (a) PROHIBITION.—Except as provided in SPECTER) submitted the following reso- helped draft a bill for the creation of a forest subsection (b), no officer or employee of the reserve in the White Mountains; United States may— lution; which was referred to the Com- Whereas passage of the Weeks Law on (1) use the information furnished by the mittee on the Judiciary. March 1, 1911, was made possible by an un- applicant pursuant to an application filed S. RES. 678 precedented collaboration of a broad spec- under this Act to initiate removal pro- Whereas The Pennsylvania State Univer- ceedings against any persons identified in trum of interests, including the Appalachian sity (referred to in this resolution as ‘‘Penn Mountain Club, the Society for the Protec- the application; State’’) reached this milestone of 400 wins (2) make any publication whereby the in- tion of New Hampshire Forests, industri- under Joe Paterno on November 6, 2010; alists, small businesses, and the tourist in- formation furnished by any particular indi- Whereas the Penn State Nittany Lions dustry; vidual pursuant to an application under this football team has been coached by Joe Whereas, in 1914, the first 7,000 acres of Act can be identified; or Paterno for 60 years starting in 1950 when (3) permit anyone other than an officer or Joe Paterno was an assistant coach; land destined to be part of the White Moun- employee of the United States Government Whereas, in 2009, the graduation rate of tain National Forest were acquired in Ben- or, in the case of applications filed under Penn State players under Joe Paterno was 89 ton, New Hampshire, under the Weeks Law; this Act with a designated entity, that des- percent, and the graduation success rate was Whereas national forests were established ignated entity, to examine applications filed 85 percent, the highest rates among all foot- and continue to be managed as multiple use under this Act. ball teams in the final 2009 Associated Press public resources, providing recreational op- (b) REQUIRED DISCLOSURE.—The Attorney Top 25 poll; portunities, wildlife habitat, watershed pro- General or the Secretary of Homeland Secu- Whereas Penn State’s football team has tection, and renewable timber resources; rity shall provide the information furnished more wins under a single head coach than Whereas the forest conservation brought under this section, and any other informa- any other head coach in the National Colle- about by the Weeks Law encouraged and in- tion derived from such furnished informa- giate Athletic Association (NCAA) Division tion, to— spired additional conservation by State and 1A Football Bowl Subdivision (FBS) history; (1) a duly recognized law enforcement enti- local government as well as private inter- Whereas Penn State is 1 of just 7 football ty in connection with an investigation or ests, further protecting the quality of life in teams with a history of more than 800 wins, prosecution of an offense described in para- the United States; and Joe Paterno has been active with the graph (2) or (3) of section 212(a) of the Immi- Whereas the White Mountain National For- program for 691 of those games over 60 sea- gration and Nationality Act (8 U.S.C. est continues to draw millions of visitors an- sons, with an amazing record of 504 wins, 180 1182(a)), when such information is requested nually who gain a renewed appreciation of losses, and 7 ties (73.6 percent); in writing by such entity; or the inherent value of the outdoors; Whereas among Penn State’s accolades (2) an official coroner for purposes of af- Whereas the multiple values and uses sup- under Joe Paterno’s 45 years as head coach firmatively identifying a deceased individual ported by the White Mountain National For- are 2 national championships, 7 undefeated (whether or not such individual is deceased seasons, 23 finished in the top 10 rankings, est today are a tribute to the collaboration as a result of a crime). of 100 years ago, an inspiration for the next (c) PENALTY.—Whoever knowingly uses, and 3 Big Ten conference championships since joining the NCAA Division 1A FBS con- 100 years, and an opportunity to remind the publishes, or permits information to be ex- people of the United States to work together amined in violation of this section shall be ference in 1993; toward common goals on a common land- fined not more than $10,000. Whereas Penn State has 24 bowl game wins scape; and SEC. 10. HIGHER EDUCATION ASSISTANCE. and 36 bowl game appearances under Coach Whereas President Theodore Roosevelt Notwithstanding any provision of the Joe Paterno, both of which are the most of Higher Education Act of 1965 (20 U.S.C. 1001 any school under 1 football coach; and stated ‘‘We want the active and zealous help et seq.), with respect to assistance provided Whereas the continued dedication to the of every man far-sighted enough to realize under title IV of the Higher Education Act of players and emphasis on academic integrity the importance from the standpoint of the 1965 (20 U.S.C. 1070 et seq.), an alien who ad- and education of Penn State football under nation’s welfare in the future of preserving justs status to that of a lawful permanent Joe Paterno has in Penn State fostering 15 the forests’’: Now, therefore, be it Hall of Fame Scholar-Athletes, 34 first-team resident under this Act shall be eligible only Resolved, That the Senate— All-Americans, 44 overall Academic All- for the following assistance under such title: (1) recognizes the significance of the 100th (1) Student loans under parts B, D, and E of Americas, and 18 NCAA Postgraduate Schol- arship winners: Now, therefore, be it anniversary of the Act of March 1, 1911 (com- such title IV (20 U.S.C. 1071 et seq., 1087a et monly known as the ‘‘Weeks Law’’) (16 seq., 1087aa et seq.), subject to the require- Resolved, That the Senate— U.S.C. 552 et seq.), to the history of conserva- ments of such parts. (1) congratulates the Penn State football tion and the power of cooperation among un- (2) Federal work-study programs under team for their unparalleled success resulting part C of such title IV (42 U.S.C. 2751 et seq.), in 400 wins under head coach Joe Paterno; likely allies; subject to the requirements of such part. and (2) encourages efforts to celebrate the cen- (3) Services under such title IV (20 U.S.C. (2) commends the Penn State football pro- tennial in the White Mountain National For- 1070 et seq.), subject to the requirements for gram under head coach Joe Paterno for set- est with a focus on the future as well as to such services. ting an example of honor, success, integrity, commemorate the past; and SEC. 11. GAO REPORT. and respect for thousands of players, coach- (3) encourages continued collaboration and Not later than seven years after the date of es, students, and fans throughout the Nation. cooperation among Federal, State, and local enactment of this Act, the Comptroller Gen- f governments, as well as business, tourism, eral of the United States shall submit to the and conservation interests, to ensure that Committee on the Judiciary of the Senate SENATE RESOLUTION 679—COM- the many values and benefits flowing from and the Committee on the Judiciary of the MEMORATING THE 100TH ANNI- the White Mountain National Forest today House of Representatives a report setting VERSARY OF THE WEEKS LAW to the citizens of New Hampshire, and the forth— Mr. GREGG (for himself and Mrs. rest of the United States, are recognized and (1) the number of aliens who were eligible supported in perpetuity. for cancellation of removal and adjustment SHAHEEN) submitted the following reso- of status under section 4(a); lution; which was referred to the Com- (2) the number of aliens who applied for ad- mittee on Agriculture, Nutrition, and justment of status under section 4(a); Forestry:

VerDate Mar 15 2010 02:44 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.096 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7979 SENATE RESOLUTION 680—SUP- (2) supports the efforts of United States trepreneurial activities held worldwide dur- PORTING INTERNATIONAL TIGER government agencies to prevent poaching of ing Global Entrepreneurship Week; CONSERVATION EFFORTS AND tigers and to end trafficking in tigers and Whereas, in 2009, more than 1,100 partner THE UPCOMING GLOBAL TIGER tiger parts, including through cooperation organizations participated in Global Entre- with the governments of countries with re- preneurship Week, including chambers of SUMMIT IN ST. PETERSBURG, maining wild tiger populations in training, commerce, institutions of higher education, RUSSIA capacity building, and law enforcement; high schools, businesses, and State and local Mr. KERRY (for himself, Mr. BINGA- (3) supports the efforts of the United governments; and MAN, Ms. SNOWE, Mr. CARDIN, Mr. States government to protect tigers in the Whereas, in 2010, thousands of organiza- wild and the habitat of tigers through direct tions in the United States will join in the WHITEHOUSE, and Mr. MERKLEY) sub- conservation assistance; celebration by planning activities designed mitted the following resolution; which (4) acknowledges the important role that to inspire, connect, inform, mentor, and en- was referred to the Committee on For- tiger habitats play in conserving biodiver- gage the next generation of entrepreneurs eign Relations: sity, securing forest carbon, protecting crit- throughout Global Entrepreneurship Week/ S. RES. 680 ical watersheds, providing buffers against USA: Now, therefore, be it Whereas wild tiger populations have dwin- natural disasters, and supporting livelihoods Resolved, That the Senate— dled from approximately 100,000 at the begin- and human well-being in countries with re- (1) designates the week of November 15 ning of the 20th century to as few as 3,200 in maining wild tiger populations; through 19, 2010, as ‘‘Global Entrepreneur- 2010, and only approximately 1,000 wild tigers (5) applauds the work of multilateral insti- ship Week’’; and are breeding females; tutions, governmental, and nongovernmental (2) supports the goals of Global Entrepre- Whereas tigers now occupy a mere 7 per- conservation and environmental organiza- neurship Week/USA, including— cent of the habitat that tigers historically tions working to recover tiger populations in (A) inspiring young people everywhere to have occupied; the wild; embrace innovation, imagination, and cre- Whereas poaching, illegal wildlife trade, (6) commends the government of Russia for ativity; and habitat conversion, depletion of prey base, its leadership in hosting the Tiger Summit, (B) training the next generation of entre- conflict between humans and wildlife, and which brings global attention to this impor- preneurial leaders. other pressures continue to threaten the last tant issue and launches the immediate im- f plementation of National Tiger Recovery wild tigers; AMENDMENTS SUBMITTED AND Whereas the remaining tiger habitat in Priorities in the each of the 13 countries Asia supports some of the richest biodiver- with remaining wild tiger populations; PROPOSED sity and some of the poorest human popu- (7) reaffirms the commitment of the SA 4691. Mr. LEAHY submitted an amend- lations; United States government to tiger conserva- ment intended to be proposed by him to the Whereas the remaining tiger habitat bene- tion; bill S. 510, to amend the Federal Food, Drug, fits local human populations by providing (8) encourages the highest level of United and Cosmetic Act with respect to the safety watersheds and buffers against natural dis- States engagement in the Tiger Summit and of the food supply.; which was ordered to lie aster and contributing to livelihoods; in the outcomes of the Tiger Summit, in- on the table. Whereas the remaining tiger habitat in cluding the provision of support to countries SA 4692. Mr. SPECTER submitted an Asia represents some of the largest intact with remaining wild tiger populations in im- amendment intended to be proposed by him storehouses of terrestrial carbon on Earth, plementing the National Tiger Recovery Pri- to the bill S. 510, supra; which was ordered to containing an average of 31⁄2 times more car- orities and the Global Tiger Recovery Pro- lie on the table. bon than areas outside of tiger habitat; gram; and SA 4693. Mr. SPECTER submitted an Whereas the tiger, an iconic species world- (9) urges concerted coordination among all amendment intended to be proposed by him wide, can act as both a catalyst and a sym- relevant United States agencies to provide to the bill S. 510, supra; which was ordered to bol for the conservation of the last great for- support to countries with remaining wild lie on the table. ests of Asia; tiger populations in a manner that enables SA 4694. Mr. INOUYE (for himself and Ms. Whereas 2010, the ‘‘Year of the Tiger’’ in United States resources to provide maximum SNOWE) submitted an amendment intended the Chinese calendar and beyond, presents a conservation benefits. to be proposed by him to the bill S. 510, supra; which was ordered to lie on the table. global opportunity to commit to halting the f decline in tigers and to ensuring the dou- SA 4695. Mr. BOND (for himself and Mr. bling of the numbers of tigers by the next SENATE RESOLUTION 681—DESIG- HATCH) submitted an amendment intended to be proposed by him to the bill S. 3538, to im- ‘‘Year of the Tiger’’ in 2022; NATING THE WEEK OF NOVEM- Whereas the Government of Russia is prove the cyber security of the United States BER 15 THROUGH 19, 2010, AS and for other purposes; which was ordered to hosting the Global Tiger Summit in St. Pe- ‘‘GLOBAL ENTREPRENEURSHIP tersburg, Russia, on November 22 through 24, lie on the table. 2010; WEEK/USA’’ SA 4696. Mr. COBURN submitted an amend- Whereas at the Summit, all 13 countries Mrs. SHAHEEN (for herself and Ms. ment intended to be proposed by him to the bill S. 510, to amend the Federal Food, Drug, with remaining wild tiger populations are SNOWE) submitted the following resolu- expected to commit to a Global Tiger Recov- and Cosmetic Act with respect to the safety tion; which was considered and agreed of the food supply.; which was ordered to lie ery Program; to: Whereas the remaining tiger habitat is lo- on the table. SA 4697. Mr. COBURN (for himself, Mrs. cated in remote transnational areas, pro- S. RES. 681 MCCASKILL, and Mr. UDALL of Colorado) sub- viding an opportunity for transboundary co- Whereas more than 1⁄2 of the companies on mitted an amendment intended to be pro- operation among countries with remaining the 2009 Fortune 500 list were launched dur- posed by him to the bill S. 510, supra; which wild tiger populations; ing a recession or bear market; was ordered to lie on the table. Whereas 92 percent of Americans believe Whereas countries with remaining wild SA 4698. Mr. PRYOR submitted an amend- that entrepreneurs are critically important tiger populations need the support and co- ment intended to be proposed by him to the to job creation and 75 percent believe that operation of the global community to pro- bill S. 510, supra; which was ordered to lie on the United States cannot have a sustained tect and restore wild tiger populations; the table. Whereas the United States has been a con- economic recovery without another burst of SA 4699. Mr. PRYOR submitted an amend- sistent leader in supporting international entrepreneurial activity; ment intended to be proposed by him to the tiger conservation; and Whereas the economy and society of the bill S. 510, supra; which was ordered to lie on Whereas strong United States support for United States, as well as the country as a the table. remaining wild tiger populations, the Tiger whole, have benefitted greatly from the ev- SA 4700. Mr. PRYOR submitted an amend- Summit, and the Global Tiger Recovery Pro- eryday use of breakthrough innovations de- ment intended to be proposed by him to the gram will be central to the success of tiger veloped and brought to market by entre- bill S. 510, supra; which was ordered to lie on conservation efforts: Now, therefore, be it preneurs; the table. Resolved, That the Senate— Whereas Global Entrepreneurship Week is SA 4701. Mr. PRYOR submitted an amend- (1) supports the goals of the Tiger Summit, an initiative aimed at inspiring young people ment intended to be proposed by him to the as such goals reinforce the interests of the to embrace innovation and creativity; bill S. 510, supra; which was ordered to lie on United States in recovering tigers in accord- Whereas Global Entrepreneurship Week the table. ance with the Endangered Species Act of 1973 helps the next generation of entrepreneurs to SA 4702. Mr. JOHANNS submitted an (16 U.S.C. 1531 et seq.), the Rhinoceros and acquire the knowledge, skills, and networks amendment intended to be proposed by him Tiger Conservation Act of 1994 (16 U.S.C. 5301 needed to create vibrant enterprises that to the bill S. 510, supra; which was ordered to et seq.), and the Convention on International will improve the lives and communities of lie on the table. Trade in Endangered Species of Wild Fauna the entrepreneurs; SA 4703. Mr. NELSON of Nebraska (for and Flora, done at Washington March 3, 1973 Whereas, in 2009, more than 160,000 individ- himself and Mr. LEAHY) submitted an amend- (27 UST 1087; TIAS 8249); uals participated in the more than 2,300 en- ment intended to be proposed by him to the

VerDate Mar 15 2010 04:03 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.098 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7980 CONGRESSIONAL RECORD — SENATE November 17, 2010 bill S. 3454, to authorize appropriations for him to the bill S. 510, to amend the ‘‘(ii) the drug or substance has been, or is fiscal year 2011 for military activities of the Federal Food, Drug, and Cosmetic Act intended to be, marketed or otherwise pro- Department of Defense, for military con- with respect to the safety of the food moted in any manner suggesting that con- struction, and for defense activities of the supply; which was ordered to lie on the suming it will promote muscle growth or any other pharmacological effect similar to that Department of Energy, to prescribe military table; as follows: personnel strengths for such fiscal year, and of testosterone.’’. for other purposes; which was ordered to lie At the end, add the following: (2) CLASSIFICATION AUTHORITY.—Section 201 on the table. SEC. 407. DESIGNER ANABOLIC STEROID CON- of the Controlled Substances Act (21 U.S.C. SA 4704. Mr. NELSON of Nebraska sub- TROL. 811) is amended by adding at the end the fol- mitted an amendment intended to be pro- (a) AMENDMENTS TO THE CONTROLLED SUB- lowing: posed by him to the bill S. 3454, supra; which STANCES ACT.— ‘‘(i) TEMPORARY AND PERMANENT SCHED- was ordered to lie on the table. (1) DEFINITIONS.—Section 102(41) of the ULING OF RECENTLY EMERGED ANABOLIC SA 4705. Mr. NELSON of Nebraska sub- Controlled Substances Act (21 U.S.C. 802(41)) STEROIDS.— mitted an amendment intended to be pro- is amended— ‘‘(1) The Attorney General may issue a posed by him to the bill S. 3454, supra; which (A) in subparagraph (A)— temporary order adding a drug or other sub- was ordered to lie on the table. (i) in clause (xlix), by striking ‘‘and’’ at the stance to the list of anabolic steroids if the SA 4706. Mr. NELSON of Nebraska sub- end; Attorney General finds that— mitted an amendment intended to be pro- (ii) by redesignating clause (xlx) as clause ‘‘(A) the drug or other substance satisfies posed by him to the bill S. 3454, supra; which (lxxx); and the criteria for being considered an anabolic was ordered to lie on the table. (iii) by inserting after clause (xlix) the fol- steroid under section 102(41) but is not listed SA 4707. Mr. NELSON of Nebraska (for lowing: in that section or by regulation of the Attor- himself, Mr. WICKER, Mr. CASEY, and Mr. ‘‘(l) 5α-Androstan-3,6,17-trione; ney General as being an anabolic steroid; and INHOFE) submitted an amendment intended ‘‘(li) Androst-4-ene-3,6,17-trione; ‘‘(B) adding such drug or other substance to be proposed by him to the bill S. 3454, ‘‘(lii) Androsta-1,4,6-triene-3,17-dione; to the list of anabolic steroids will assist in supra; which was ordered to lie on the table. ‘‘(liii) 6-bromo-androstan-3,17-dione; preventing the unlawful importation, manu- ‘‘(liv) 6-bromo-androsta-1,4-diene-3,17- f facture, distribution, or dispensing of such dione; drug or other substance. TEXT OF AMENDMENTS ‘‘(lv) 4-chloro-17α-methyl-androsta-1,4- ‘‘(2) An order issued under paragraph (1) diene-3,17β-diol; shall not take effect until 30 days after the SA 4691. Mr. LEAHY submitted an ‘‘(lvi) 4-chloro-17α-methyl-androst-4-ene- amendment intended to be proposed by date of the publication by the Attorney Gen- 3β,17β-diol; eral of a notice in the Federal Register of the him to the bill S. 510, to amend the ‘‘(lvii) 4-chloro-17α-methyl-17β-hydroxy- intention to issue such order and the grounds Federal Food, Drug, and Cosmetic Act androst-4-en-3-one; upon which such order is to be issued. The with respect to the safety of the food ‘‘(lviii) 4-chloro-17α-methyl-17β-hydroxy- order shall expire not later than 24 months supply; which was ordered to lie on the androst-4-ene-3,11-dione; after the date it becomes effective, except α table; as follows: ‘‘(lix) 4-chloro-17 -methyl-androsta-1,4- that the Attorney General may, during the diene-3,17β-diol; At the end, add the following: pendency of proceedings under paragraph (5), ‘‘(lx) 2α,17α-dimethyl-17β-hydroxy-5α- extend the temporary scheduling order for SEC. lll. CRIMINAL PENALTIES. androstan-3-one; up to 6 months. Section 303(a) of the Federal Food, Drug, ‘‘(lxi) 2α,17α-dimethyl-17β-hydroxy-5β- ‘‘(3) A temporary scheduling order issued and Cosmetic Act (21 U.S.C. 333(a)) is amend- androstan-3-one; under paragraph (1) shall be vacated upon ed— ‘‘(lxii) 2α,3α-epithio-17α-methyl-5α- the issuance of a permanent scheduling order (1) in paragraph (1), by striking ‘‘Any’’ and androstan-17β-ol; under paragraph (5). inserting ‘‘Except as provided in paragraph ‘‘(lxiii) [3,2-c]-furazan-5α-androstan-17β-ol; ‘‘(4) An order issued under paragraph (1) is (2) or (3), any’’; ‘‘(lxiv) 3β-hydroxy-androst-1-en-17-one; not subject to judicial review. (2) in paragraph (2), by striking ‘‘Notwith- ‘‘(lxv) 3β-hydroxy-androst-4-en-17-one; ‘‘(5) The Attorney General may, by rule, standing the provisions of paragraph (1) of ‘‘(lxvi) 3β-hydroxy-estr-4-en-17-one; issue a permanent order adding a drug or this section, if’’ and inserting ‘‘If’’; and ‘‘(lxvii) 3β-hydroxy-estra-4,9,11-trien-17- other substance to the list of anabolic (3) by adding at the end the following: one; steroids if such drug or other substance sat- ‘‘(3) Any person who knowingly violates ‘‘(lxviii) 17α-methyl-androst-2-ene-3,17β- isfies the criteria for being considered an an- subsection (a), (b), (c), (k), or (v) of section diol; abolic steroid under section 102(41). Such 301 with respect to any food and with con- ‘‘(lxix) 17α-methyl-androsta-1,4-diene-3,17β- rulemaking may be commenced simulta- scious or reckless disregard of a risk of death diol; neously with the issuance of the temporary or serious bodily injury shall be fined under ‘‘(lxx) Estra-4,9,11-triene-3,17-dione; order issued under paragraph (1). title 18, United States Code, imprisoned for ‘‘(lxxi) 18a-Homo-3-hydroxy-estra-2,5(10)- ‘‘(6) If a drug or other substance has not not more than 10 years, or both.’’. dien-17-one; been temporarily or permanently added to ‘‘(lxxii) 6α-Methyl-androst-4-ene-3,17-dione; SA 4692. Mr. SPECTER submitted an the list of anabolic steroids pursuant to this ‘‘(lxxiii) 17α-Methyl-androstan-3- subsection, the drug or other substance shall amendment intended to be proposed by hydroxyimine-17β-ol; be considered an anabolic steroid if in any him to the bill S. 510, to amend the ‘‘(lxxiv) 17α-Methyl-5α-androstan-17β-ol; criminal, civil, or administrative proceeding Federal Food, Drug, and Cosmetic Act ‘‘(lxxv) 17β-Hydroxy-androstano[2,3- arising under this Act it has been deter- with respect to the safety of the food d]isoxazole; mined in such proceeding, based on evidence supply; which was ordered to lie on the ‘‘(lxxvi) 17β-Hydroxy-androstano[3,2- presented in the proceeding, that the sub- table; as follows: c]isoxazole stance satisfies the criteria for being consid- At the end, add the following: ‘‘(lxxvii) 4-Hydroxy-androst-4-ene-3,17- ered an anabolic steroid under paragraph dione[3,2-c]pyrazole-5α-androstan-17β-ol; (41)(A), (41)(C)(i), or (41)(C)(ii) of section SEC. 407. AMENDMENT TO TITLE 28. ‘‘(lxxviii) [3,2-c]pyrazole-androst-4-en-17β- 102.’’. (a) IN GENERAL.—Chapter 45 of title 28, ol; (3) LABELING REQUIREMENTS.—The Con- United States Code, is amended by inserting ‘‘(lxxix) [3,2-c]pyrazole-5α-androstan-17β-ol; trolled Substances Act is amended by insert- at the end the following: and’’; and ing after section 305 (21 U.S.C. 825) the fol- ‘‘§ 678. Televising Supreme Court proceedings (B) by inserting at the end the following: lowing: ‘‘The Supreme Court shall permit tele- ‘‘(C) A drug or hormonal substance (other ‘‘SEC. 305A. OFFENSES INVOLVING FALSE LABEL- vision coverage of all open sessions of the than estrogens, progestins, corticosteroids, ING OF ANABOLIC STEROIDS. Court unless the Court decides, by a vote of and dehydroepiandrosterone) that is not list- ‘‘(a) UNLAWFUL ACTS.— the majority of justices, that allowing such ed in subparagraph (A), and is derived from, ‘‘(1) It shall be unlawful— coverage in a particular case would con- or has a chemical structure substantially ‘‘(A) to import into the United States or to stitute a violation of the due process rights similar to, 1 or more anabolic steroids listed export from the United States, of 1 or more of the parties before the in subparagraph (A), shall, subject to the ‘‘(B) to manufacture, distribute, dispense, Court.’’. limitations of section 201(i)(6) (21 U.S.C. sell, or offer to sell; or (b) CLERICAL AMENDMENT.—The chapter 811(i)(6)), be considered to be an anabolic ‘‘(C) to possess with intent to manufacture, analysis for chapter 45 of title 28, United steroid for purposes of this Act if— distribute, dispense, sell, or offer to sell; States Code, is amended by inserting at the ‘‘(i) the drug or substance has been created any anabolic steroid, or any product con- end the following: or manufactured with the intent of pro- taining an anabolic steroid, unless it bears a ‘‘678. Televising Supreme Court pro- ducing a drug or other substance that ei- label clearly identifying any anabolic steroid ceedings.’’. ther— contained in such steroid or product by the ‘‘(I) promotes muscle growth; or nomenclature used by the International SA 4693. Mr. SPECTER submitted an ‘‘(II) otherwise causes a pharmacological Union of Pure and Applied Chemistry amendment intended to be proposed by effect similar to that of testosterone; or (IUPAC).

VerDate Mar 15 2010 02:44 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.094 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7981 ‘‘(2) A product that is the subject of an ap- involving anabolic steroids, including the of- tation, sale, harvest, processing, or trade of proved application as described in section fenses established under the amendments seafood in order to detect and investigate 505(b), (i) or (j) of the Federal Food, Drug, made by subsection (a) (section 305A of the violations under applicable Federal laws, and and Cosmetic Act (21 U.S.C. 355(b), (i), or (j)) Controlled Substance Act); to carry out the provisions of this title; is exempt from the International Union of (2) amend the Federal sentencing guide- (E) developing a process for expediting im- Pure and Applied Chemistry nomenclature lines, including notes to the drug quantity ports of seafood into the United States from requirement of this subsection if such prod- tables, to provide clearly that in a case in- foreign countries and exporters that consist- uct is labeled in the manner required by the volving an anabolic steroid not in a tablet, ently adhere to the highest standards for en- Federal Food, Drug, and Cosmetic Act. capsule, liquid, or other form where dosage suring seafood safety; ‘‘(b) CRIMINAL PENALTIES.— can be readily ascertained (such as a powder, (F) coordination to track shipments of sea- ‘‘(1) Any person who violates subsection (a) topical cream, gel, or aerosol), the sentence food in the distribution chain within the shall be sentenced to a term of imprisonment shall be determined based on the entire United States; of not more than 1 year, a fine not to exceed weight of the mixture or substance; (G) enhancing labeling requirements and the greater of that authorized in accordance (3) amend the applicable guidelines by des- methods of assuring compliance with such with the provisions of title 18, United States ignating quantities of mixture or substance requirements to clearly identity species and Code, or $100,000 if the defendant is an indi- that correspond to a unit so that offenses in- prevent fraudulent practices; vidual or $250,000 if the defendant is other volving such forms of anabolic steroids are (H) a process by which officers and employ- than an individual, or both. penalized at least as severely as offenses in- ees of the National Oceanic and Atmospheric ‘‘(2) Any person who violates subsection (a) volving forms whose dosage can be readily Administration may be commissioned by the knowing, intending, or having reasonable ascertained; and head of any other appropriate Federal agen- cause to believe, that the substance or prod- (4) take such other action as the Commis- cy to conduct or participate in seafood ex- uct is an anabolic steroid, or contains an an- sion considers necessary to carry out this aminations and investigations under applica- abolic steroid, shall be sentenced to a term section. ble Federal laws administered by such other of imprisonment of not more than 10 years, (c) CONGRESSIONAL OVERSIGHT.—The Ad- agency; a fine not to exceed the greater of that au- ministrator of the Drug Enforcement Admin- (I) the sharing of information concerning thorized in accordance with the provisions of istration shall report to Congress every 2 observed non-compliance with United States title 18, United States Code, or $500,000 if the years— seafood requirements domestically and in defendant is an individual or $2,500,000 if the (1) what anabolic steroids have been sched- foreign countries and new regulatory deci- defendant is other than an individual, or uled on a temporary basis under this section; sions and policies that may affect regulatory both. and outcomes; ‘‘(c) CIVIL PENALTIES.— (2) the findings and conclusions that led to (J) conducting joint training on subjects ‘‘(1) Any person who violates subsection (a) such scheduling. that affect and strengthen seafood inspection shall be subject to a civil penalty as follows: effectiveness by Federal authorities; ‘‘(A) In the case of an importer, exporter, SA 4694. Mr. INOUYE (for himself (K) sharing, to the maximum extent allow- manufacturer, or distributor (other than as and Ms. SNOWE) submitted an amend- able by law, all applicable information, in- provided in subparagraph (B)), up to $500,000 ment intended to be proposed by him telligence, and data related to the importa- per violation. For purposes of this subpara- tion, exportation, transportation, sale, har- graph, a violation is defined as each instance to the bill S. 510, to amend the Federal vest, processing, or trade of seafood in order of importation, exportation, manufacturing, Food, Drug, and Cosmetic Act with re- to detect and investigate violations under or distribution, and each anabolic steroid or spect to the safety of the food supply; applicable Federal laws, or otherwise to product imported, exported, manufactured, which was ordered to lie on the table; carry out the provisions of this title; and or distributed. as follows: (L) outreach to private testing labora- ‘‘(B) In the case of a sale or offer to sell at At the end of the bill, insert the fol- tories, seafood industries, and the public on retail, up to $25,000 per violation. For pur- lowing: Federal efforts to enhance seafood safety and poses of this subparagraph, each sale and compliance with labeling requirements, in- each product offered for sale shall be consid- TITLE V—SEAFOOD SAFETY cluding education on Federal requirements ered a separate violation. Continued offers to SEC. 501. SHORT TITLE. for seafood safety and labeling and informa- sell by a person 10 or more days after written This title may be cited as the ‘‘Commer- tion on how these entities can work with ap- notice (including through electronic mes- cial Seafood Consumer Protection Act’’. propriate Federal agencies to enhance and sage) to the person by the Attorney General SEC. 502. COMMERCIALLY-MARKETED SEAFOOD improve seafood inspection and assist in de- or the Secretary shall be considered addi- CONSUMER PROTECTION SAFETY tecting and preventing seafood fraud and tional violations. NET. mislabeling. ‘‘(2) Any person who violates subsection (a) (a) IN GENERAL.—The Secretary of Com- (3) ANNUAL REPORTS ON IMPLEMENTATION OF with a product that was, at the time of the merce shall, in coordination with the Fed- AGREEMENTS.—The Secretary, the Chairman violation, included on the list described in eral Trade Commission and other appro- of the Federal Trade Commission, and the subsection (d) shall be subject to twice the priate Federal agencies, and consistent with heads of other appropriate Federal agencies civil penalty provided in paragraph (1). the international obligations of the United that are parties to agreements executed ‘‘(3) In this subsection, the term ‘product’ States, strengthen Federal consumer protec- under paragraph (1) shall submit, jointly or means a discrete article, either in bulk or in tion activities for ensuring that commer- severally, an annual report to the Congress finished form prepared for sale. A number of cially-distributed seafood in the United concerning— articles, if similarly packaged and bearing States meets the food quality and safety re- (A) specific efforts taken pursuant to the identical labels, shall be considered as one quirements of applicable Federal laws. agreements; product, but each package size, form, or dif- (b) INTERAGENCY AGREEMENTS.— (B) the budget and personnel necessary to ferently labeled article shall be considered a (1) IN GENERAL.—Within 180 days after the strengthen seafood safety and labeling and separate product. date of enactment of this Act, the Secretary prevent seafood fraud; and ‘‘(d) IDENTIFICATION AND PUBLICATION OF and other appropriate Federal agencies shall (C) any additional authorities necessary to LIST OF PRODUCTS CONTAINING ANABOLIC execute memoranda of understanding or STEROIDS.— other agreements to strengthen interagency improve seafood safety and labeling and pre- ‘‘(1) The Attorney General may, in his dis- cooperation on seafood safety, seafood label- vent seafood fraud. cretion, collect data and analyze products to ing, and seafood fraud. (c) MARKETING, LABELING, AND FRAUD RE- determine whether they contain anabolic (2) SCOPE OF AGREEMENTS.—The agree- PORT.—Within 1 year after the date of enact- steroids and are properly labeled in accord- ments shall include provisions, as appro- ment of this Act, the Secretary and the priate for each such agreement, for— ance with this section. The Attorney General Chairman of the Federal Trade Commission may publish in the Federal Register or on (A) cooperative arrangements for exam- shall submit a joint report to the Congress the website of the Drug Enforcement Admin- ining and testing seafood imports that lever- on consumer protection and enforcement ef- istration a list of products that he has deter- age the resources, capabilities, and authori- mined, based on substantial evidence, con- ties of each party to the agreement; forts with respect to seafood marketing and tain an anabolic steroid and are not labeled (B) coordination of inspections of foreign labeling in the United States. The report in accordance with this section. facilities to increase the percentage of im- shall include— ‘‘(2) The absence of a product from the list ported seafood and seafood facilities in- (1) findings with respect to the scope of referred to in paragraph (1) shall not con- spected; seafood fraud and deception in the United stitute evidence that the product does not (C) standardizing data on seafood names, States market and its impact on consumers; contain an anabolic steroid.’’. inspection records, and laboratory testing to (2) information on how the National Oce- (b) SENTENCING COMMISSION GUIDELINES.— improve interagency coordination; anic and Atmospheric Administration and The United States Sentencing Commission (D) coordination of the collection, storage, the Federal Trade Commission can work to- shall— analysis, and dissemination of all applicable gether more effectively to address fraud and (1) review and amend the Federal sen- information, intelligence, and data related unfair or deceptive acts or practices with re- tencing guidelines with respect to offenses to the importation, exportation, transpor- spect to seafood;

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The Sec- Trade Commission during the preceding year not meet the requirements established under retary shall provide the report to the Execu- pursuant to this title; and applicable Federal law. tive Director of the Federal Trade Commis- (4) an examination of the scope of unfair or (b) INCREASED TESTING.—If the Secretary of sion for consideration in making rec- deceptive acts or practices in the United Health and Human Services determines that ommendations to the Chairman of the Fed- States market with respect to foods other seafood imports originating from a country eral Trade Commission regarding consumer than seafood and whether additional enforce- may not meet the requirements of Federal protection to prevent fraud, deception, and ment authority or activity is warranted. law, and determines that there is a lack of unfair business practices in the marketplace. (d) NOAA SEAFOOD INSPECTION AND MARK- adequate certified laboratories to provide for SEC. 507. SEAFOOD IDENTIFICATION. ING COORDINATION.— the entry of shipments pursuant to section (a) STANDARIZED LIST OF NAMES FOR SEA- (1) DECEPTIVE MARKETING AND FRAUD.—The 503, then the Secretary may order an in- FOOD.—The Secretary and the Secretary of National Oceanic and Atmospheric Adminis- crease in the percentage of shipments tested Health and Human Services shall initial a tration shall report deceptive seafood mar- of seafood originating from such country to joint rulemaking proceeding to develop and keting and fraud to the Federal Trade Com- improve detection of potential violations of make public a list of standardized names for mission pursuant to an agreement under sub- such requirements. seafood identification purposes at distribu- section (b). (c) ALLOWANCE OF INDIVIDUAL SHIPMENTS tion, marketing, and consumer retail stages. (2) APPLICATION WITH EXISTING AGREE- FROM EXPORTING COUNTRY OR EXPORTER.— The list of standardized names shall take MENTS.—Nothing in this title shall be con- Notwithstanding an order under subsection into account taxonomy, current labeling reg- strued to impede, minimize, or otherwise af- (a) with respect to seafood originating from ulations, international law and custom, mar- fect any agreement or agreements regarding a country or exporter, the Secretary may ket value, and naming precedence for all cooperation and information sharing in the permit individual shipments of seafood origi- commercially-distributed seafood distributed inspection of fish and fishery products and nating in that country or from that exporter in interstate commerce in the United States establishments between the Department of to be admitted into the United States if— and may not include names, whether similar Commerce and the Department of Health and (1) the exporter presents evidence from a to existing or commonly used names for spe- Human Services in effect on the date of en- laboratory certified by the Secretary that a cies, that are likely to confuse or mislead actment of this Act. Within 6 months after shipment of seafood meets the requirements consumers. (b) PUBLICATION OF LIST.—The list of stand- the date of enactment of this Act, the Sec- of applicable Federal laws; and ardized names shall be made available to the retary of Commerce and the Secretary of (2) the Secretary, or other agent of a Fed- public on Department of Health and Human Health and Human Services shall submit a eral agency authorized to conduct inspec- Services and the Department of Commerce joint report to the Congress on implementa- tions of seafood, has inspected the shipment websites, shall be open to public review and tion of any such agreement or agreements, and has found that the shipment and the comment, and shall be updated annually. including the extent to which the Food and conditions of manufacturing meet the re- SEC. 508. DEFINITIONS. Drug Administration has taken into consid- quirements of applicable Federal laws. In this title: eration information resulting from inspec- (d) CANCELLATION OF ORDER.—The Sec- (1) APPLICABLE FEDERAL LAWS.—The term tions conducted by the Department of Com- retary may cancel an order under subsection ‘‘applicable laws and regulations’’ means merce in making risk-based determinations (a) with respect to seafood exported from a Federal statutes, regulations, and inter- such as the establishment of inspection pri- country or exporter if all shipments into the national agreements pertaining to the im- orities for domestic and foreign facilities and United States under subsection (c) of seafood portation, exportation, transportation, sale, the examination and testing of imported sea- originating in that country or from that ex- harvest, processing, or trade of seafood, in- food. porter more than 1 year after the date on cluding the Magnuson-Stevens Fishery Con- (3) COORDINATION WITH SEA GRANT PRO- which the Secretary issued the order have servation and Management Act, section 801 GRAM.—The Administrator of the National been found, under the procedures described of the Federal Food, Drug, and Cosmetic Act Oceanic and Atmospheric Administration in subsection (c), to meet the requirements (21 U.S.C. 381), section 203 of the Food Aller- shall ensure that the NOAA Seafood Inspec- of Federal law. If the Secretary determines gen Labeling and Consumer Protection Act tion Program is coordinated with the Sea that an exporter has failed to comply with of 2004 (21 U.S.C. 374a), and the Seafood Haz- Grant Program to provide outreach to the requirements of an order under sub- ard Analysis and Critical Control Point regu- States, consumers, and the seafood industry section (a), the 1-year period in the preceding lations in part 123 of title 21, Code of Federal on seafood testing, seafood labeling, and sea- sentence shall run from the date of that de- Regulations. food substitution, and strategies to combat termination rather than the date on which (2) APPROPRIATE FEDERAL AGENCIES.—The mislabeling and fraud. the order was issued. term ‘‘appropriate Federal agencies’’ in- SEC. 503. CERTIFIED LABORATORIES. (e) EFFECT.—This section shall be in addi- cludes the Department of Health and Human Within 180 days after the date of enact- tion to, and shall have no effect on, the au- Services, the Federal Food and Drug Admin- ment of this Act, the Secretary, in consulta- thority of the Secretary of Health and istration, the Department of Homeland Secu- tion with the Secretary of Health and Human Services under the Federal Food, rity, and the Department of Agriculture. Human Services, shall increase the number Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) (3) SECRETARY.—The term ‘‘Secretary’’ of laboratories certified to the standards of with respect to seafood, seafood products, or means the Secretary of Commerce. the Food and Drug Administration in the any other product. United States and in countries that export SEC. 506. INSPECTION TEAMS. SA 4695. Mr. BOND (for himself and seafood to the United States for the purpose (a) INSPECTION OF FOREIGN SITES.—The Sec- Mr. HATCH) submitted an amendment of analyzing seafood and ensuring that the retary, in cooperation with the Secretary of laboratories, including Federal, State, and intended to be proposed by him to the Health and Human Services, may send 1 or bill S. 3538, to improve the cyber secu- private facilities, comply with applicable more inspectors to a country or exporter Federal laws. Within 1 year after the date of from which seafood exported to the United rity of the United States and for other enactment of this Act, the Secretary of Com- States originates. The inspection team shall purposes; which was ordered to lie on merce shall publish in the Federal Register a assess practices and processes being used in the table; as follows: list of certified laboratories. The Secretary connection with the farming, cultivation, Strike all after the enacting clause and in- shall update and publish the list no less fre- harvesting, preparation for market, or trans- sert the following: quently than annually. portation of such seafood and may provide SECTION 1. SHORT TITLE. SEC. 504. NOAA LABORATORIES. technical assistance related to the require- This Act may be cited as the ‘‘National In any fiscal year beginning after the date ments established under applicable Federal Cyber Infrastructure Protection Act of 2010’’. of enactment of this Act, the Secretary may laws to address seafood fraud and safety. The SEC. 2. DEFINITIONS. increase the number and capacity of labora- inspection team shall prepare a report for In this Act: tories operated by the National Oceanic and the Secretary of Commerce with its findings. (1) APPROPRIATE CONGRESSIONAL COMMIT- Atmospheric Administration involved in car- The Secretary of Commerce shall make a TEES.—The term ‘‘appropriate congressional rying out testing and other activities under copy of the report available to the country committees’’ means— this title to the extent that the Secretary or exporter that is the subject of the report (A) the Committee on Armed Services, the determines that increased laboratory capac- and provide a 30-day period during which the Committee on Commerce, Science, and ity is necessary to carry out the provisions country or exporter may provide a rebuttal Transportation, the Committee on Energy of this title and as provided for in appropria- or other comments on the findings to the and Natural Resources, the Committee on tions Acts. Secretary. Homeland Security and Governmental Af- SEC. 505. CONTAMINATED SEAFOOD. (b) DISTRIBUTION AND USE OF REPORT.—The fairs, and the Select Committee on Intel- (a) REFUSAL OF ENTRY.—The Secretary of Secretary shall provide the report to the ligence of the Senate; and Health and Human Services may issue an Secretary of Health and Human Services as (B) the Committee on Armed Services, the order refusing admission into the United information for consideration in making Committee on Energy and Commerce, the

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Committee on Homeland Security, and the the heads of Federal agencies on matters re- (b) ACCESS TO INTELLIGENCE.—The Director Permanent Select Committee on Intelligence lating to the protection and defense of Fed- shall have access to all intelligence relating of the House of Representatives. eral Government information networks; to cyber security collected by any Federal (2) CRITICAL INFRASTRUCTURE.—The term (3) coordinate, and ensure the adequacy of, agency— ‘‘critical infrastructure’’ has the meaning the National Cyber Security Program budg- (1) except as otherwise provided by law; given that term in section 1016 of the Crit- ets for Federal agencies; (2) unless otherwise directed by the Presi- ical Infrastructures Protection Act of 2001 (4) maintain and disperse funds from the dent; or (42 U.S.C. 5195c). National Cyber Defense Contingency Fund in (3) unless the Attorney General and the Di- (3) CYBER SECURITY ACTIVITIES.—The term accordance with section 108; rector agree on guidelines to limit such ac- ‘‘cyber security activities’’ means a class or (5) ensure appropriate coordination within cess. collection of similar cyber security oper- the Federal Government for the implementa- SEC. 105. COMPOSITION OF NATIONAL CYBER ations of a Federal agency that involves per- tion of any cyber security activities con- CENTER. sonally identifiable data that is— ducted by a Federal agency; (a) INTEGRATION OF RESOURCES.—Not later (A) screened by a cyber security system (6) ensure appropriate coordination within than 90 days after the date of the confirma- outside of the Federal agency that was the the Federal Government for the conduct of tion of the initial Director, the Secretary of intended recipient of the personally identifi- any operations, strategies, and intelligence Defense, the Secretary of Homeland Secu- able data; collection and analysis relating to the pro- rity, the Director of National Intelligence, (B) transferred, for the purpose of cyber se- tection and defense of Federal Government and the Director of the Federal Bureau of In- curity, outside such Federal agency; or information networks; vestigation shall, in consultation with the (C) transferred, for the purpose of cyber se- (7) provide recommendations, on an ongo- Director, collocate and integrate within the curity, to an element of the intelligence ing basis, to Federal agencies, private sector National Cyber Center such elements, of- community. entities, and public and private sector enti- fices, task forces, and other components of (4) FEDERAL AGENCY.—The term ‘‘Federal ties operating critical infrastructure for pro- the Department of Defense, the Department agency’’ has the meaning given the term cedures to be implemented in the event of an of Homeland Security, the intelligence com- ‘‘Executive agency’’ in section 105 of title 5, imminent cyber attack that will protect munity, and the Federal Bureau of Investiga- United States Code. critical infrastructure by mitigating net- tion that are necessary to carry out the mis- (5) INTELLIGENCE COMMUNITY.—The term work vulnerabilities; sions of the National Cyber Center. (8) provide assistance to, and cooperate ‘‘intelligence community’’ has the meaning (b) PARTICIPATION OF FEDERAL AGENCIES.— given that term in section 3(4) of the Na- with, the Cyber Defense Alliance established Any Federal agency not referred to in sub- tional Security Act of 1947 (50 U.S.C. 401a(4)). under section 202, including the development section (a) may participate in the National of partnerships with public and private sec- (6) LOCAL GOVERNMENT.—The term ‘‘local Cyber Center if the head of such Federal tor entities, and academic institutions that government’’ has the meaning given that agency and the Director agree on the level encourage cooperation, research, develop- term in section 2 of the Homeland Security and type of such participation. ment, and cyber security education and Act of 2002 (6 U.S.C. 101). (c) RECOMMENDATIONS FOR CONSOLIDA- training; (7) NATIONAL CYBER SECURITY PROGRAM.— TION.—In order to reduce duplication of Fed- (9) develop plans and policies for the secu- The term ‘‘National Cyber Security Pro- eral Government efforts, the Director may rity of Federal Government information net- gram’’ means the programs, projects, and ac- recommend that the President transfer to, works to be implemented by the appropriate tivities of the Federal Government to pro- and consolidate within, the National Cyber Federal agency; tect and defend Federal Government infor- Center activities that relate to the protec- (10) participate in the process to develop mation networks and to facilitate the pro- tion and defense of Federal Government in- reliability standards pursuant to section 215 tection and defense of United States infor- formation networks. of the Federal Power Act (16 U.S.C. 824o); mation networks. (d) INTEGRATION OF INFORMATION NET- (11) develop plans and policies for the shar- (8) NETWORK.—The term ‘‘network’’ has the ing of cyber threat-related information WORKS.—The Director shall, in coordination meaning given that term by section 4(5) of among appropriate Federal agencies, and to with the appropriate head of a Federal agen- the High-Performance Computing Act of 1991 the extent consistent with the protection of cy, oversee the integration within the Na- (15 U.S.C. 5503(5)). national security sources and methods, with tional Cyber Center of information relating (9) STATE.—The term ‘‘State’’ means— State, tribal, and local government depart- to the protection and defense of Federal Gov- (A) a State; ments, agencies, and entities, and public and ernment information networks, including to (B) the District of Columbia; private sector entities that operate critical the extent necessary and consistent with the (C) the Commonwealth of Puerto Rico; and infrastructure; protection of sources and methods, databases (D) any other territory or possession of the (12) develop policies and procedures to en- containing such information. United States. sure the continuity of Federal Government SEC. 106. NATIONAL CYBER CENTER OFFICIALS. TITLE I—NATIONAL CYBER CENTER operations in the event of a national cyber (a) DEPUTY DIRECTORS.— SEC. 101. DIRECTOR DEFINED. crisis; and (1) IN GENERAL.—There shall be two Deputy In this title, except as otherwise specifi- (13) perform such other functions as may Directors of the National Cyber Center as cally provided, the term ‘‘Director’’ means be directed by the President. follows: the Director of the National Cyber Center SEC. 104. MISSIONS OF THE NATIONAL CYBER (A) A Deputy Director who shall be ap- appointed under section 103. CENTER. pointed by the Secretary of Defense, with SEC. 102. ESTABLISHMENT OF THE NATIONAL (a) IN GENERAL.—The National Cyber Cen- the concurrence of the Director. CYBER CENTER. ter shall— (B) A Deputy Director who shall be ap- There is a National Cyber Center. (1) serve as the primary organization for pointed by the Secretary of Homeland Secu- SEC. 103. DIRECTOR OF THE NATIONAL CYBER coordinating Federal Government defensive rity, with the concurrence of the Director. CENTER. operations, intelligence collection and anal- (2) APPOINTMENT CRITERIA.—An individual (a) IN GENERAL.—The head of the National ysis, and activities to protect and defend appointed Deputy Director of the National Cyber Center is the Director of the National Federal Government information networks; Cyber Center shall have extensive cyber se- Cyber Center, who shall be appointed by the (2) develop policies and procedures for im- curity and management expertise. President, by and with the advice and con- plementation across the Federal Govern- (3) DUTIES.—Each Deputy Director of the sent of the Senate. ment on matters relating to the protection National Cyber Center shall assist the Direc- (b) TERM AND CONDITIONS OF APPOINT- and defense of Federal Government informa- tor in carrying out the duties and respon- MENT.—A Director shall serve for a term not tion networks; sibilities of the Director. to exceed five years and during such term (3) provide a process for resolving conflicts (4) VACANCY.— may not simultaneously serve in any other among Federal agencies relating to the im- (A) ABSENCE OR DISABILITY OF DIRECTOR.— capacity in the Executive branch. plementation of cyber security activities or As determined by the Director, a Deputy Di- (c) REPORTING AND PLACEMENT.— the conduct of operations, strategies, and in- rector of the National Cyber Center shall act (1) REPORTING.—The Director shall report telligence collection and analysis relating to for, and exercise the powers of, the Director directly to the President. the protection and defense of Federal Gov- during the absence or disability of the Direc- (2) PLACEMENT.—The position of the Direc- ernment information networks; tor. tor shall not be located within the Executive (4) assign roles and responsibilities to Fed- (B) VACANCY IN POSITION OF DIRECTOR.—As Office of the President. eral agencies, as appropriate, for the protec- determined by the President, a Deputy Di- (d) DUTIES OF THE DIRECTOR.—The Director tion and defense of Federal Government in- rector of the National Cyber Center shall act shall— formation networks that are consistent with for, and exercise the powers of, the Director (1) coordinate Federal Government defen- applicable law; and during a vacancy in the position of the Di- sive operations, intelligence collection and (5) ensure that, as appropriate, Federal rector. analysis, and activities to protect and defend agencies have access to, and receive, infor- (b) GENERAL COUNSEL.— Federal Government information networks; mation, including appropriate private sector (1) IN GENERAL.—There is a General Coun- (2) act as the principal adviser to the Presi- information, regarding cyber threats to Fed- sel of the National Cyber Center who shall be dent, the National Security Council, and to eral Government information networks. appointed by the Director.

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(2) DUTIES.—The General Counsel is the (i) the changes made to the budget based (e) SIGNIFICANT CYBER INCIDENT DEFINED.— chief legal officer of the National Cyber Cen- on such description; and In this section, the term ‘‘significant cyber ter and shall perform such functions as the (ii) the impact of such changes on the abil- incident’’ means a malicious act, suspicious Director may prescribe. ity of such agency to perform its other re- event, or accident that— (c) OTHER OFFICIALS.—The Director may sponsibilities, including any impact on spe- (1) causes a disruption of Federal Govern- designate such other officials in the National cific missions or programs of such agency. ment or United States information net- Cyber Center as the Director determines ap- (4) CONGRESSIONAL NOTIFICATION.—The head works; propriate. of a Federal agency shall submit to Congress (2) affects one or more Federal agencies or (d) STAFF.—To assist the Director in ful- a copy of any impact statement prepared public or private sector entities operating filling the duties and responsibilities of the under paragraph (3)(B) at the time the Na- critical infrastructure; Director, the Director shall employ and uti- tional Cyber Security Program budget for (3) affects more than one State or a sub- lize a professional staff having expertise in such agency is submitted to Congress under stantial number of residents in one or more matters relating to the mission of the Na- section 1105(a) of title 31, United States States; and tional Cyber Center, and may establish per- Code. (4) results in a substantial likelihood of manent positions and appropriate rates of (5) CERTIFICATION OF NATIONAL CYBER SECU- harm or financial loss to the United States pay with respect to such staff. RITY PROGRAM BUDGET SUBMISSIONS.— or its citizens. (A) IN GENERAL.—At the time the head of a SEC. 107. NATIONAL CYBER SECURITY PROGRAM SEC. 109. PROGRAM BUDGET SUBMISSION. BUDGET. Federal agency submits a National Cyber Se- (a) SUBMISSION.—Section 1105(a) of title 31, curity Program budget request for such (a) SUBMISSION OF CYBER BUDGET REQUEST United States Code, is amended by adding at agency for a fiscal year to the Office of Man- TO THE DIRECTOR.—For each fiscal year, the the end the following: agement and Budget, such head shall submit head of each Federal agency with respon- ‘‘(38) a separate statement of the combined a copy of the National Cyber Security Pro- sibilities for matters relating to the protec- and individual amounts of appropriations re- gram budget request to the Director. tion and defense of Federal Government in- quested for the National Cyber Security Pro- (B) DECERTIFICATION.— formation networks shall transmit to the Di- gram, including a separate statement of the (i) IN GENERAL.—The Director shall review rector a copy of the proposed National Cyber amounts of appropriations requested by the each National Cyber Security Program budg- Security Program budget request of the Secretary of Defense for the operation and et request submitted under subparagraph agency prior to the submission of such pro- activities of the National Cyber Center and a (A). posed budget request to the Office of Man- separate statement of the amounts of appro- (ii) BUDGET DECERTIFICATION.—If, based on priations requested by the Secretary of En- agement and Budget in the preparation of the review under clause (i), the Director con- the budget of the President submitted to ergy for the operation and activities of the cludes that such budget request does not in- Cyber Defense Alliance.’’. Congress under section 1105(a) of title 31, clude the funding levels and specific initia- United States Code. (b) TECHNICAL AMENDMENTS.—Section tives that would, in the determination of the 1105(a) of title 31, United States Code, as (b) REVIEW AND CERTIFICATION OF BUDGET Director, make the request adequate to ac- amended by subsection (a), is further amend- REQUESTS AND BUDGET SUBMISSIONS.— complish the protection and defense of Fed- ed— (1) IN GENERAL.—The Director shall review eral Government information networks, or (1) by redesignating the paragraph (33) each budget request submitted to the Direc- to facilitate the protection and defense of tor under subsection (a). added by section 889 of the Homeland Secu- United States information networks, the Di- rity Act of 2002 (Public Law 107–296; 116 Stat. (2) REVIEW OF BUDGET REQUESTS.— rector may issue a written decertification of 2250) as paragraph (35); (A) INADEQUATE REQUESTS.—If the Director such Federal agency’s budget. concludes that a budget request submitted (2) by redesignating the paragraph (35) (iii) SUBMISSION TO CONGRESS.—In the case added by section 203 of the Emergency Eco- under subsection (a) for a Federal agency is of a decertification of a budget request inadequate to accomplish the protection and nomic Stabilization Act of 2008 (division A of issued under clause (ii), the Director shall Public Law 110–343; 122 Stat. 3765) as para- defense of Federal Government information submit to Congress a copy of— networks, or to facilitate the protection and graph (36); and (I) such National Cyber Security Program (3) by redesignating the paragraph (36) defense of United States information net- budget request; added by section 2 of the Veterans Health works, with respect to such Federal agency (II) such decertification; and Care Budget Reform and Transparency Act for the year for which the request is sub- (III) the description made for the budget of 2009 (Public Law 111–81; 123 Stat. 2137) as mitted, the Director shall submit to the head request under paragraph (2)(B). paragraph (37). of such Federal agency a written description (c) CONSOLIDATED NATIONAL CYBER SECU- of funding levels and specific initiatives that RITY PROGRAM BUDGET PROPOSAL.—For each SEC. 110. CONSTRUCTION. would, in the determination of the Director, fiscal year, following the transmission of Except as otherwise specifically provided, make the request adequate to accomplish proposed National Cyber Security Program nothing in this title shall be construed as the protection and defense of such informa- budget requests for Federal agencies to the terminating, altering, or otherwise affecting tion networks. Director under subsection (a), the Director any authority of the head of a Federal agen- (B) ADEQUATE REQUESTS.—If the Director shall, in consultation with the head of such cy collocated within or otherwise partici- concludes that a budget request submitted Federal agencies— pating in the National Cyber Center. under subsection (a) for a Federal agency is (1) develop a consolidated National Cyber SEC. 111. CONGRESSIONAL OVERSIGHT. adequate to accomplish the protection and Security Program budget proposal; The Director shall keep the appropriate defense of Federal Government information (2) submit the consolidated budget pro- congressional committees fully and cur- networks, or to facilitate the protection and posal to the President; and rently informed of the significant activities defense of United States information net- (3) after making the submission required of the National Cyber Center relating to en- works, with respect to such Federal agency by paragraph (2), submit the consolidated suring the security of Federal Government for the year for which the request is sub- budget proposal to Congress. information networks. mitted, the Director shall submit to the head SEC. 108. NATIONAL CYBER DEFENSE CONTIN- TITLE II—CYBER DEFENSE ALLIANCE of such Federal agency a written statement GENCY FUND. SEC. 201. DEFINITIONS. confirming the adequacy of the request. (a) ESTABLISHMENT OF FUND.—There is es- In this title: (C) RECORD.—The Director shall maintain tablished within the National Cyber Security (1) BOARD.—The term ‘‘Board’’ means the a record of each description submitted under Program Budget a fund to be known as the Board of Directors of the Cyber Defense Alli- subparagraph (A) and each statement sub- ‘‘National Cyber Defense Contingency ance established pursuant to section 204(a). Fund,’’ which shall consist of amounts ap- mitted under subparagraph (B). (2) NATIONAL LABORATORY.—The term ‘‘Na- propriated to the Fund for the purpose of (3) AGENCY RESPONSE.— tional Laboratory’’ has the meaning given providing financial assistance and technical (A) IN GENERAL.—The head of a Federal that term in section 2 of the Energy Policy and operational support in the event of a sig- agency that receives a description under Act of 2005 (42 U.S.C. 15801). nificant cyber incident. paragraph (2)(A) shall include the funding SEC. 202. CYBER DEFENSE ALLIANCE. (b) ADMINISTRATION.—The Director shall be levels and initiatives described by the Direc- responsible for the administration and man- (a) CHARTER.—There is within a National tor in the National Cyber Security Program agement of the amounts in the National Laboratory a public and private partnership budget submission for such Federal agency Cyber Defense Contingency Fund. for sharing cyber threat information and ex- to the Office of Management and Budget. (c) USE.—In response to a significant cyber changing technical assistance, advice, and (B) IMPACT STATEMENT.—If the head of a incident involving Federal Government or support to be known as the Cyber Defense Federal agency alters the National Cyber Se- United States information networks, the Di- Alliance. curity Program budget submission of such rector may distribute amounts from the Na- (b) ESTABLISHMENT.—The Secretary of En- agency based on a description received under tional Cyber Defense Contingency Fund to ergy, in coordination with the Director of paragraph (2)(A), such head shall include as appropriate Federal agencies. the National Cyber Center, the Director of an appendix to the budget submitted to the (d) NOTIFICATION.—Prior to distributing National Intelligence, the Secretary of De- Office of Management and Budget for such amounts under this section, the Director fense, the Secretary of Homeland Security, agency an impact statement that summa- shall notify the appropriate congressional and the Director of the Federal Bureau of In- rizes— committees. vestigation, shall determine the appropriate

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(a) INITIAL EXPENSES.—Administrative and (c) CRITERIA.—The criteria to be used in se- (6) Two representatives from electronic logistical expenses associated with the ini- lecting a National Laboratory under sub- communication service providers. tial establishment of the Cyber Defense Alli- section (a) shall include the following: (7) Two representatives from the transpor- ance shall be paid by the Secretary of En- (1) Whether the National Laboratory has tation industry. ergy and shall be included within the Na- received recognition from members of the in- (8) Two representatives from the chemical tional Cyber Security Program budget re- telligence community, the Secretary of industry. quest for the Department of Energy. Homeland Security, or the Secretary of De- (9) Two representatives from a public or (b) OTHER EXPENSES.— fense for its cyber capabilities. private electric utility company or other (1) IN GENERAL.—Except as provided in (2) Whether the National Laboratory has generators of power. paragraph (2), annual administrative and demonstrated the ability to address cyber-re- (10) One representative from an academic operational expenses for the Cyber Defense lated issues involving varying levels of clas- institution with established expertise in Alliance shall be paid by the members of sified information. cyber-related matters. such Alliance, as determined by the Board. (3) Whether the National Laboratory has (11) One additional representative with (2) MAXIMUM FEDERAL CONTRIBUTION.—Not more than 15 percent of the annual expenses demonstrated the capability to develop coop- considerable expertise in cyber-related mat- referred to in paragraph (1) may be paid by erative relationships with the private sector ters. the Federal Government. Such amount shall on cyber-related issues. (c) INITIAL APPOINTMENT.—Not later than be provided under the direction of the Sec- (d) PARTNERSHIP.—If the Secretary of En- 30 days after the date of the enactment of retary of Energy and shall be included with- ergy, the Director of the National Cyber Cen- this Act, the Director of the National Cyber in the National Cyber Security Program ter, the Director of National Intelligence, Center, the Secretary of Energy, the Direc- budget request for the Department of En- the Secretary of Defense, the Secretary of tor of National Intelligence, the Secretary of ergy. Homeland Security, and the Director of the Defense, the Secretary of Homeland Secu- SEC. 207. CLASSIFIED INFORMATION. Federal Bureau of Investigation determine rity, and the Director of the Federal Bureau Consistent with the protection of sensitive that the missions and activities of the Cyber of Investigation shall jointly appoint the intelligence sources and methods, the Direc- Defense Alliance may only be accomplished members of the Board described under sub- tor of National Intelligence shall facilitate— through a partnership of two or more Na- section (b). (1) the sharing of classified information in tional Laboratories acting jointly to support (d) TERMS.— the possession of a Federal agency related to the Alliance, then the Alliance may be estab- (1) REPRESENTATIVES OF CERTAIN FEDERAL threats to information networks with appro- lished and located within such National Lab- AGENCIES.—Each member of the Board de- priately cleared members of the Alliance, in- oratories. scribed in subsection (b)(1) shall serve for a cluding representatives of the private sector SEC. 203. MISSION AND ACTIVITIES. term that is— and of public and private sector entities op- The Cyber Defense Alliance shall— (A) not longer than three years from the erating critical infrastructure; and (1) facilitate the exchange of ideas and date of the member’s appointment; and (2) the declassification and sharing of in- technical assistance and support related to (B) determined jointly by the Director of formation in the possession of a Federal the security of public, private, and critical the National Cyber Center, the Secretary of agency related to threats to information net- infrastructure information networks; Energy, the Director of National Intel- works with members of the Alliance. (2) promote research and development, in- ligence, the Secretary of Defense, the Sec- SEC. 208. VOLUNTARY INFORMATION SHARING. cluding the advancement of private funding retary of Homeland Security, and the Direc- (a) USES OF SHARED INFORMATION.— for research and development, related to en- tor of the Federal Bureau of Investigation. (1) IN GENERAL.—Notwithstanding any suring the security of public, private, and (2) OTHER REPRESENTATIVES.—The original other provision of law and subject to para- critical infrastructure information net- members of the Board described in para- graph (2), information shared with or pro- works; graphs (3) through (11) of subsection (b) shall vided to the Cyber Defense Alliance or to a (3) serve as a national clearinghouse for serve an initial term of one year from the Federal agency through such Alliance by any the exchange of cyber threat information for date of appointment under subsection (c), at member of the Cyber Defense Alliance that the benefit of the private sector, educational which time the members of the Cyber De- is not a Federal agency in furtherance of the institutions, State, tribal, and local govern- fense Alliance shall conduct elections in ac- mission and activities of the Alliance as de- ments, public and private sector entities op- cordance with the procedures established scribed in section 203— erating critical infrastructure, and the Fed- under subsection (e). (A) shall be exempt from disclosure under eral Government in order to enhance the (e) RULES AND PROCEDURES.—Not later section 552 of title 5, United States Code ability of recipients of such information to than 90 days after the date of the enactment (commonly referred to as the Freedom of In- ensure the protection and defense of public, of this Act, the Board shall establish rules formation Act); private, and critical infrastructure informa- and procedures for the election and service of (B) shall not be subject to the rules of any tion networks; and members of the Board described in para- Federal agency or any judicial doctrine re- (4) coordinate with the private sector, graphs (3) through (11) of subsection (b). garding ex parte communications with a de- State, tribal, and local governments, the (f) LEADERSHIP.—The Board shall elect cision-making official; governments of foreign countries, inter- from among its members a chair and co- (C) shall not, without the written consent national organizations, and academic insti- chair of the Board, who shall serve under of the person or entity submitting such in- tutions in developing and encouraging the such terms and conditions as the Board may formation, be used directly by any Federal use of voluntary standards for enhancing the establish. agency, any other Federal, State, tribal, or security of information networks. (g) SUB-BOARDS.—The Board shall have the local authority, or any third party, in any SEC. 204. BOARD OF DIRECTORS. authority to constitute such sub-Boards, or civil action arising under Federal or State (a) IN GENERAL.—The Cyber Defense Alli- other advisory groups or panels, from among law if such information is submitted to the ance shall have a Board of Directors which the members of the Board as may be nec- Cyber Defense Alliance in good faith and for shall be responsible for— essary to assist the Board in carrying out its the purpose of facilitating the missions of (1) the executive and administrative oper- functions under this section. such Alliance; ation of the Alliance, including matters re- SEC. 205. CYBER DEFENSE ALLIANCE MEMBER- (D) shall not, without the written consent lating to funding and promotion of the Alli- SHIP. of the person or entity submitting such in- ance; and (a) REQUIREMENT FOR PROCEDURES.—Not formation, be used or disclosed by any officer (2) ensuring and facilitating compliance by later than 90 days after the date of the enact- or employee of the United States for pur- members of the Alliance with the require- ment of this Act, the Board shall establish poses other than the purposes of this title, ments of this title. procedures for the voluntary membership by except— (b) COMPOSITION.—The Board shall be com- State, tribal, and local government depart- (i) in furtherance of an investigation or the posed of the following members: ments, agencies, and entities, private sector prosecution of a criminal act; or (1) One representative of the Department businesses and organizations, and academic (ii) the disclosure of the information to the of Energy. institutions in the Cyber Defense Alliance. appropriate congressional committee; (2) Four representatives of Federal agen- (b) PARTICIPATION BY FEDERAL AGENCIES.— (E) shall not, if subsequently provided to a cies, other than the Department of Energy, The Director of the National Cyber Center, State, tribal, or local government or govern- that have significant responsibility for the in coordination with the Secretary of En- ment agency— protection or defense of government infor- ergy, the Director of National Intelligence, (i) be made available pursuant to any mation networks. the Secretary of Defense, the Secretary of State, tribal, or local law requiring disclo- (3) Two representatives from the private Homeland Security, the Director of the Fed- sure of information or records; sector, one of whom shall have experience in eral Bureau of Investigation, and the heads (ii) otherwise be disclosed or distributed to civil liberties matters. of other appropriate Federal agencies, may any party by such State, tribal, or local gov- (4) Two representatives of State, tribal, provide for the participation and cooperation ernment or government agency without the and local government departments, agencies, of such Federal agencies in the Cyber De- written consent of the person or entity sub- or entities. fense Alliance. mitting such information; or

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(iii) be used other than for the purpose of (b) PENALTY.—Any person who violates (b) JOINT REPORT.—Not later than 1 year protecting information systems, or in fur- subsection (a) shall be fined under title 18, after the date of enactment of this Act, the therance of an investigation or the prosecu- United States Code, imprisoned for not more Secretary of Health and Human Services and tion of a criminal act; and than 1 year, or both, and shall be removed the Secretary of Agriculture shall issue to (F) does not constitute a waiver of any ap- from office or employment. Congress a joint report that summarizes the plicable privilege or protection provided SEC. 210. AUTHORITY TO ISSUE WARNINGS. effectiveness, or lack of effectiveness, of the under law, such as trade secret protection. The Federal Government may provide new information sharing arrangement estab- (2) APPLICATION.—Paragraph (1) shall only advisories, alerts, and warnings to relevant lished pursuant to subsection (a). apply to information shared with or provided companies, targeted sectors, other govern- (c) GAO REPORT.—Not later than 1 year to the Cyber Defense Alliance or to a Federal ment entities, or the general public regard- after the issuance of the report under sub- agency through such Alliance by a member ing potential threats to information net- section (b), the Comptroller General of the United States shall issue to Congress a re- of the Cyber Defense Alliance that is not a works as appropriate. In issuing a warning, port concerning the determination and de- Federal agency if such information is accom- the Federal Government shall take appro- scription of any inefficiencies or other chal- panied by an express statement requesting priate actions to protect from disclosure— lenges that remain regarding the sharing of that such paragraph apply. (1) the source of any voluntarily submitted (b) LIMITATION.—The Federal Advisory information as required pursuant to sub- information that forms the basis for the section (a). Committee Act (5 U.S.C. App.) shall not warning; and apply to any communication of information SEC. 3. STRATEGIC PLAN FOR HEALTH INFORMA- (2) information that is proprietary, busi- TION TECHNOLOGY. to a Federal agency made pursuant to this ness sensitive, relates specifically to the sub- title. Not later than 1 year after the date of en- mitting person or entity, or is otherwise not actment of this Act, the Secretary of Health (c) PROCEDURES.— appropriately in the public domain. (1) IN GENERAL.—Not later than 90 days and Human Services shall submit to the SEC. 211. EXEMPTION FROM ANTITRUST PROHI- Committee on Health, Education, Labor, and after the date of the enactment of this Act, BITIONS. the Director of National Intelligence shall, Pensions and the Committee on Appropria- The exchange of information by and be- tions of the Senate and the Committee on in consultation with the heads of appropriate tween private sector members of the Cyber Federal agencies, establish uniform proce- Energy and Commerce and the Committee on Defense Alliance, in furtherance of the mis- Appropriations of the House of Representa- dures for the receipt, care, and storage by sion and activities of the Cyber Defense Alli- tives, a strategic plan on information tech- such agencies of information that is volun- ance, shall not be considered a violation of nology that includes— tarily submitted to the Federal Government any provision of the antitrust laws (as de- (1) an assessment of the information tech- through the Cyber Defense Alliance. fined in the first section of the Clayton Act nology infrastructure, including systems for (2) ELEMENTS.—The procedures established (15 U.S.C. 12)). food safety data collection, access to data in under paragraph (1) shall include procedures SEC. 212. DURATION. external food safety databases, data mining for— The Cyber Defense Alliance shall cease to capabilities, personnel, and personnel train- (A) the acknowledgment of receipt by a exist on December 31, 2020. ing programs, needed by the Food and Drug Federal agency of cyber threat information Administration to— that is voluntarily submitted to the Federal SA 4696. Mr. COBURN submitted an (A) comply with the requirements of the Government; amendment intended to be proposed by Federal Food, Drug, and Cosmetic Act (21 (B) the maintenance of the identification him to the bill S. 510, to amend the U.S.C. 301 et seq.); of such information; (B) achieve interoperability within the (C) the care and storage of such informa- Federal Food, Drug, and Cosmetic Act with respect to the safety of the food Center for Food Safety and Nutrition and be- tion; tween the Food and Drug Administration (D) limiting subsequent dissemination of supply; which was ordered to lie on the and the Department of Agriculture, U.S. such information to ensure that such infor- table; as follows: Customs and Border Protection, and the Cen- mation is not used for an unauthorized pur- Strike all after the enacting clause and in- ters for Disease Control and Prevention; pose; sert the following: (C) utilize electronic import and recall (E) the protection of the constitutional SECTION 1. SHORT TITLE; TABLE OF CONTENTS. records; and and statutory rights of any individuals who (a) SHORT TITLE.—This Act may be cited as (D) communicate food safety and recall in- are subjects of such information; and the ‘‘Ensuring Greater Food Safety Act of formation to industry and the public; (F) the protection and maintenance of the 2010’’. (2) an assessment of the extent to which confidentiality of such information so as to (b) TABLE OF CONTENTS.—The table of con- the current information technology assets of permit the sharing of such information with- tents for this Act is as follows: the Food and Drug Administration are suffi- in the Federal Government and with State, Sec. 1. Short title; table of contents. cient to meet the needs assessments under tribal, and local governments, and the Sec. 2. Ensuring Federal agencies effectively paragraph (1); issuance of notices and warnings related to communicate to ensure greater (3) a plan for enhancing the information the protection of information networks, in food safety. technology assets of the Food and Drug Ad- such manner as to protect from public dis- Sec. 3. Strategic plan for health information ministration toward meeting the needs as- closure the identity of the submitting person technology. sessments under paragraph (1); and or entity, or information that is proprietary, Sec. 4. Expediting new food safety tech- (4) an assessment of additional resources business sensitive, relates specifically to the nologies. needed to so enhance the information tech- submitting person or entity, and is otherwise Sec. 5. Limited access to records in public nology assets of the Food and Drug Adminis- not appropriately in the public domain. health emergencies. tration. (d) INDEPENDENTLY OBTAINED INFORMA- Sec. 6. Registration of food facilities. SEC. 4. EXPEDITING NEW FOOD SAFETY TECH- TION.—Nothing in this section shall be con- Sec. 7. Clarifying FDA authority to require NOLOGIES. strued to limit or otherwise affect the abil- preventive controls. (a) IN GENERAL.—Not later than 1 year ity of a Federal agency, a State, tribal, or Sec. 8. Export certification fees for foods after the date of enactment of this Act, the local government or government agency, or and animal feed. Secretary of Health and Human Services, any third party— Sec. 9. Leveraging third party inspections. acting through the Commissioner of Food (1) to obtain cyber threat information in a Sec. 10. Entry of food from facilities in- and Drugs, shall submit to Congress a plan manner other than through the Cyber De- spected by an accredited third for a more expeditious process for approving fense Alliance, including obtaining any in- party. new technologies used to ensure the safety of formation lawfully and properly disclosed Sec. 11. Activities with other governments. the food supply. generally or broadly to the public; and Sec. 12. Compliance with international (b) CONTENT.—The report submitted under (2) to use such information in any manner agreements. subsection (a) shall include a description of permitted by law. SEC. 2. ENSURING FEDERAL AGENCIES EFFEC- how the Food and Drug Administration plans SEC. 209. PENALTIES. TIVELY COMMUNICATE TO ENSURE to provide more effective risk-communica- (a) IN GENERAL.—It shall be unlawful for GREATER FOOD SAFETY. tion regarding new technologies described in any officer or employee of the United States (a) IN GENERAL.—Notwithstanding any such report that are approved by such Ad- or of any Federal agency to knowingly pub- other provision of law, not later than 60 days ministration. lish, divulge, disclose, or make known in any after the date of enactment of this Act, the SEC. 5. LIMITED ACCESS TO RECORDS IN PUBLIC manner or to any extent not authorized by Secretary of Health and Human Services and HEALTH EMERGENCIES. law, any cyber threat information protected the Secretary or Agriculture shall establish (a) MAINTENANCE AND INSPECTION OF from disclosure by this title coming to such a plan to ensure effective information shar- RECORDS.—Section 414 of the Federal Food, officer or employee in the course of the em- ing regarding the regulation and inspection Drug, and Cosmetic Act (21 U.S.C. 350c) is ployee’s employment or official duties or by of food products and facilities, including vio- amended— reason of any examination or investigation lations, in which the Food and Drug Admin- (1) in subsection (a)— made by, or return, report, or record made to istration and the Department of Agriculture (A) by inserting ‘‘or a related article of or filed with, such officer, employee, or agen- share joint, overlapping, or similar responsi- food’’ after ‘‘such article’’ each place the cy. bility. term appears;

VerDate Mar 15 2010 02:44 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.107 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7987 (B) by inserting ‘‘or a related article of ‘‘(2) may issue guidance to assist the rel- public (as described in section 20.81 of title food’’ after ‘‘whether the food’’; and evant industry with compliance with this 21, Code of Federal Regulations), or such (C) by adding at the end the following: ‘‘In section. plans and records relate to a food or ingre- this subsection, the term ‘related article of ‘‘(c) LIMITATION.—The Secretary shall not dient that has been abandoned and such food’ means an article of food that is related have the authority to place any specific re- plans and records no longer represent a trade to the article of food the Secretary has rea- quirements on food safety plans required secret or confidential commercial or finan- son to believe is adulterated, such as an arti- pursuant to subsection (d)(1). The authority cial information (as described in section 20.61 cle of food produced on the same manufac- of the Secretary under this section is limited of title 21, Code of Federal Regulations). to validating the existence of a food safety turing line as the article of food believed to ‘‘(g) IMPORTS.— plan that meets the explicit statutory re- be adulterated.’’; and ‘‘(1) IN GENERAL.—The Secretary may es- quirements provided in this section. (2) by adding at the end the following: tablish additional or substitute methods and ‘‘(d) CONTENT.— ‘‘(e) FOOD-RELATED EMERGENCIES.—In the requirements to apply to foreign manufac- ‘‘(1) DETERMINATION.—The regulations case of a food-related public health emer- under subsection (b) shall include a deter- turers, processors, and packers of food that gency declared by the Secretary under sec- mination specifying the food facilities which are of similar stringency to the methods and tion 319 of the Public Health Service Act, the shall be required to develop and maintain a requirements applicable to domestic manu- Secretary may take action as described in written food safety plan. The determination facturers, processors, and packers of food. subsection (a) if the Secretary has a reason- shall include a careful examination of the ef- Such methods or requirements shall ensure able belief that such article of food— fect on small businesses and shall include that— ‘‘(1) presents a threat of serious adverse specific exemptions for firms that will be ad- ‘‘(A) food imported or offered for import health consequences or death; and versely impacted by the requirements of this into the United States is manufactured, ‘‘(2) is related to the emergency.’’. section. processed, and packed in accordance with (b) FACTORY INSPECTION.—Section 704(a)(1) this Act; and ‘‘(2) REQUIREMENT.—The regulations under of the Federal Food, Drug, and Cosmetic Act subsection (b) shall require that a required ‘‘(B) food manufactured, processed, or (21 U.S.C. 374(a)(1)) is amended in the second food safety plan— packed in a foreign country is evaluated for sentence by inserting ‘‘, and in the case of a ‘‘(A) list the food safety hazards which the compliance with this Act in a similar man- food-related public health emergency de- plan is intended to address; ner as food manufactured, processed, or clared by the Secretary under section 319 of ‘‘(B) list the critical control points for packed in the United States. the Public Health Service Act, the inspec- each of the identified food safety hazards; ‘‘(2) COMPETENT THIRD PARTY.—An importer tion shall extend to all records and other in- ‘‘(C) list the critical limits that must be may contract with a competent third party formation described in section 414 if the Sec- met at each of the critical control points; to assist with or perform any or all of the retary has a reasonable belief that such arti- ‘‘(D) list the procedures, and frequency verification activities specified in this sec- cle of food presents a threat of serious ad- thereof, that will be used to monitor each of tion. verse health consequences or death and is re- the critical control points to ensure compli- ‘‘(h) EXCEPTIONS.—The regulations in this lated to the emergency, subject to the limi- ance with the critical limits; section shall not apply to— tations established in section 414(d)’’ before ‘‘(E) include any corrective action plans ‘‘(1) harvesting food, without otherwise en- the period at the end. that have been developed to be followed in gaging in processing; SEC. 6. REGISTRATION OF FOOD FACILITIES. response to deviations from critical limits at ‘‘(2) the operation of a retail establish- Section 415(a) of the Federal Food, Drug, critical control points to either prevent the ment; and Cosmetic Act (21 U.S.C. 350d(a)) is food from entering commerce, or for cor- ‘‘(3) the manufacturing, processing, or amended— recting the deviation; packing of seafood or fresh juice; and (1) in paragraph (2), by inserting ‘‘(or any ‘‘(F) list the verification procedures, and ‘‘(4) small producers that demonstrate in successor regulation)’’ after ‘‘Federal Regu- frequency thereof, that the manufacturer, writing to the Secretary that complying lations’’; processor, packer will use to ensure the plan with such regulations would adversely im- (2) by redesignating paragraphs (3) and (4) is adequate to control identified food safety pact their operations.’’. as paragraphs (4) and (5), respectively; and hazards and that the plan is being effectively SEC. 8. EXPORT CERTIFICATION FEES FOR (3) by inserting after paragraph (2) the fol- implemented; FOODS AND ANIMAL FEED. lowing: ‘‘(G) provide for a recordkeeping system (a) AUTHORITY FOR EXPORT CERTIFICATIONS ‘‘(3) BIENNIAL REREGISTRATION.— that documents the acceptance and imple- FOR FOOD, INCLUDING ANIMAL FEED.—Section ‘‘(A) IN GENERAL.—On a biennial basis, a mentation of the plan, including calibration 801(e)(4)(A) of the Federal Food, Drug, and registrant that has registered under para- of instruments, monitoring of the critical Cosmetic Act (21 U.S.C. 381(e)(4)(A)) is graph (1) shall submit to the Secretary a re- control points, and corrective actions; amended— registration containing the information de- ‘‘(H) establish a schedule for periodic reas- (1) in the matter preceding clause (i), by scribed in paragraph (2). sessment of the adequacy of the plan which striking ‘‘a drug’’ and inserting ‘‘a food, ‘‘(B) EXPEDITED REREGISTRATION.—The Sec- shall be at least annually and whenever any drug’’; retary may provide for an expedited rereg- changes occur that could affect the hazard (2) in clause (i) by striking ‘‘exported istration process in the case of a registrant analysis or alter the food safety plan; and drug’’ and inserting ‘‘exported food, drug’’; for which the information described in para- ‘‘(I) be modified immediately whenever a and graph (2) has not changed since the preceding reassessment or ongoing verification reveals (3) in clause (ii) by striking ‘‘the drug’’ registration or reregistration.’’. that the plan is no longer adequate to fully each place it appears and inserting ‘‘the SEC. 7. CLARIFYING FDA AUTHORITY TO RE- meet the requirements of this section. food, drug’’. QUIRE PREVENTIVE CONTROLS. ‘‘(3) DESCRIPTION.—The regulations under (b) TREATMENT OF FEES.—Section 801(e)(4) Chapter IV of the Federal Food, Drug, and subsection (b) shall describe, as the Sec- of the Federal Food, Drug, and Cosmetic Act Cosmetic Act (21 U.S.C. 341 et seq.) is amend- retary determines necessary, any evidence (21 U.S.C. 381(e)(4)) is amended— ed by adding at the end the following: that shall be required to accompany food im- ported or offered for import into the United (1) by amending subparagraph (B) to read ‘‘SEC. 418. PREVENTIVE CONTROLS. States to verify that the food was manufac- as follows: ‘‘(a) DEFINITIONS.—In this section: tured, processed, or packed under conditions ‘‘(B) If the Secretary issues a written ex- ‘‘(1) CRITICAL CONTROL POINT.—The term that comply with this Act. Such evidence port certification within the 20 days pre- ‘critical control point’ means a point, step, shall be of a similar nature and stringency to scribed by subparagraph (A), a fee for such or procedure in a food process at which con- that which is required by the regulations for certification may be charged but shall not trol can be applied, and, as a result, an iden- food manufactured, processed, or packed in exceed $175 for each certification.’’; and tified food safety hazard can be prevented, the United States. (2) by inserting after subparagraph (B) the eliminated, or reduced to acceptable levels. ‘‘(e) OFFICIAL REVIEW.—All records, food following: ‘‘(2) CRITICAL LIMIT.—The term ‘critical safety plans, and procedures required by this ‘‘(C) With respect to fees collected for a fis- limit’ means the maximum or minimum section shall be made available to the Sec- cal year pursuant to subparagraph (B), the value to which a physical, biological, or retary upon request for official review and following shall apply: chemical parameter must be controlled at a copying at reasonable times. In conducting ‘‘(i) In the case of fees for certification of critical control point to prevent, eliminate, such a review, the authority of the Secretary exported drugs, animal drugs, or devices, be or reduce to an acceptable level the occur- shall be limited to validating the existence credited to the appropriation account for sal- rence of the identified food safety hazard. of the plan and the Secretary shall not have aries and expenses of the Food and Drug Ad- ‘‘(b) REGULATIONS BY SECRETARY.—The the authority to alter the plan or require ministration and be available in accordance Secretary— specific items with the plan. with appropriations Acts until expended, ‘‘(1) may by regulation require manufac- ‘‘(f) PUBLIC DISCLOSURE.—All food safety without fiscal year limitation. To cover the turers, processors, and packers of food to im- plans and records required by this section cost of issuing such certifications, such sums plement science-based and risk-based proc- shall not be made available for public disclo- as necessary may be transferred from such esses to prevent, reduce, or eliminate spe- sure unless such plans and records are data appropriation account for salaries and ex- cific hazards from high-risk foods; and and information previously disclosed to the penses of the Food and Drug Administration

VerDate Mar 15 2010 02:44 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.108 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7988 CONGRESSIONAL RECORD — SENATE November 17, 2010 without fiscal year limitation to such appro- ‘‘(V) The operations of such entity shall be ‘‘(I) record in writing the entity’s inspec- priation account for salaries and expenses in accordance with generally accepted pro- tion observations; with fiscal year limitation. fessional and ethical business practices, and ‘‘(II) present the observations to the facili- ‘‘(ii) In the case of fees for certification of such entity shall agree in writing that, at a ty’s designated representative and describe exported foods, be credited to the Food and minimum, the entity will— each observation; and Drug Administration User Fee Account and ‘‘(aa) certify that reported information ac- ‘‘(III) prepare an inspection report (includ- be available in accordance with appropria- curately reflects data reviewed, inspection ing for inspections for which there are no tions Acts until expended, without fiscal observations made, other matters that relate corrective actions needed) in a form and year limitation.’’. to or may influence compliance with this manner consistent with such reports pre- (c) CLARIFICATION OF CERTIFICATION.—Sec- Act, and recommendations made during an pared by employees and officials designated tion 801(e)(4) of the Federal Food, Drug, and inspection or at an inspection’s closing by the Secretary to conduct inspections. Cosmetic Act (21 U.S.C. 381(e)(4)), as amend- meeting; ‘‘(ii) CONTENT OF REPORT.—An inspection ed by subsection (b), is amended by adding at ‘‘(bb) limit work to that for which com- report prepared under clause (i)(III) shall, at the end the following: petence and capacity are available; a minimum— ‘‘(D) For purposes of this paragraph, a cer- ‘‘(cc) treat information received, records, ‘‘(I) identify the person responsible for tification by the Secretary shall be made on reports, and recommendations as confiden- compliance with this Act at the inspected fa- such basis, and in such form (which may in- tial commercial or financial information or cility, the dates of the inspection, and the clude a publicly available listing) as the Sec- trade secret information, except such infor- scope of the inspection; retary determines appropriate.’’. mation may be made available to the Sec- ‘‘(II) describe in detail each observation SEC. 9. LEVERAGING THIRD PARTY INSPECTIONS. retary; and identified by the entity accredited under this (a) IN GENERAL.—Section 704 of the Federal ‘‘(dd) promptly respond and attempt to re- subsection; Food, Drug, and Cosmetic Act (21 U.S.C. 374) solve complaints regarding its activities for ‘‘(III) identify other matters that relate to is amended by adding at the end the fol- which it is accredited. or may influence compliance with this Act; lowing: ‘‘(iv) CATEGORIES OF ACCREDITATION.—The and ‘‘(h) ACCREDITATION OF ENTITIES THAT IN- categories of accreditation may include— ‘‘(IV) describe any recommendations made SPECT DOMESTIC FACILITIES OR FOREIGN FA- ‘‘(I) inspection of domestic facilities only; by the entity accredited under this sub- CILITIES.— ‘‘(II) inspection of foreign facilities only; section to the inspected facility during the ‘‘(1) DEFINITIONS.—In this subsection: or inspection or at the inspection’s closing ‘‘(A) DOMESTIC FACILITY.—The term ‘do- ‘‘(III) inspection of both domestic facilities meeting. mestic facility’ has the meaning given the and foreign facilities. ‘‘(iii) REPORT SENT TO THE SECRETARY.—Not term in section 415. ‘‘(C) ACTING ON REQUEST FOR ACCREDITA- later than 10 days after the last date of an ‘‘(B) FOREIGN FACILITY.—The term ‘foreign TION.— inspection, the entity accredited under this facility’ has the meaning given the term in ‘‘(i) INFORMATION ON ADEQUACY.—Not later subsection shall submit the inspection report section 415. than 60 days after the date the Secretary re- prepared under clause (i)(III) to the Sec- ‘‘(2) VOLUNTARY USE OF ACCREDITED ENTI- ceives a request from an entity to be accred- retary and the designated representative of TIES BY FACILITIES.—A domestic facility or ited under this subsection, the Secretary the inspected facility at the same time. The foreign facility may employ an entity ac- shall inform the entity whether the request inspection report submitted to the Secretary credited under this subsection to inspect for accreditation is adequate for review. shall be accompanied by all written inspec- such facility to ensure compliance with this ‘‘(ii) DETERMINATION.—Not later than 90 tion observations previously provided to the Act. days after the date the Secretary informs an designated representative of the inspected ‘‘(3) AUTHORIZATION.— entity under clause (i), the Secretary shall facility. ‘‘(A) IN GENERAL.—Not later than 1 year make a determination with respect to the re- ‘‘(iv) FALSE STATEMENTS.—Any statement after the date of enactment of the Ensuring quest. or representation made by an employee or Greater Food Safety Act of 2010, the Sec- ‘‘(D) CONTENT OF ACCREDITATION.—Any ac- agent of a domestic facility or foreign facil- retary, subject to subparagraph (B), shall ac- creditation granted under this subsection ity to an entity accredited under this sub- credit entities for the purpose of inspecting shall state that the entity is accredited to section shall be subject to section 1001 of domestic facilities or foreign facilities to en- conduct inspections at domestic facilities, title 18, United States Code. sure compliance with this Act. Such entities foreign facilities, or both, or such other cat- ‘‘(v) IMMEDIATE NOTIFICATION.—If, at any may include State governments or foreign egories as may be applicable. time during an inspection by an entity ac- government entities. ‘‘(E) EFFECT OF SUBSECTION.—Nothing in credited under this subsection, the entity ‘‘(B) CRITERIA TO ACCREDIT ENTITIES AND this subsection shall affect the authority of discovers a condition that could cause or CATEGORIES OF ACCREDITATION.— the Secretary under this Act to inspect any contribute to an unreasonable risk to the ‘‘(i) IN GENERAL.—Not later than 180 days domestic facility or foreign facility. public health, the entity shall immediately after the date of enactment of the Ensuring ‘‘(4) REQUIREMENTS OF ACCREDITED ENTI- notify the Secretary of the identity of the fa- Greater Food Safety Act of 2010, the Sec- TIES.— cility subject to inspection and such condi- retary shall publish in the Federal Register ‘‘(A) MAINTENANCE OF RECORDS.— tion. criteria to accredit entities, including the ‘‘(i) IN GENERAL.—An entity accredited ‘‘(5) REQUIREMENTS OF THE SECRETARY.— requirements described in clause (iii), and under this subsection shall maintain records ‘‘(A) PUBLICATION OF LIST OF ACCREDITED the categories of accreditation. documenting— ENTITIES ON INTERNET.— ‘‘(ii) CONSULTATION.—In developing the cri- ‘‘(I) the qualifications of the entity to in- ‘‘(i) IN GENERAL.—The Secretary shall pub- teria and categories described in clause (i), spect and the training and qualification of lish on the Internet Web site of the Food and the Secretary shall consult with the Sec- employees of the entity; Drug Administration lists of entities that retary of Agriculture, the Secretary of Com- ‘‘(II) the procedures used by the entity for are accredited under this subsection in each merce, and the heads of other agencies with handling confidential information; category established under this subsection. experience in accrediting third parties to de- ‘‘(III) the compensation arrangements ‘‘(ii) UPDATING LISTS.—The lists described termine the accreditation categories and cri- made by the entity; and in clause (i) shall be updated to ensure that teria that are most appropriate. ‘‘(IV) the procedures used by the entity to the identity of each entity accredited under ‘‘(iii) REQUIREMENTS TO BECOME ACCRED- identify and avoid conflicts of interest. this subsection, and the particular category ITED.—In order for an entity to be accredited ‘‘(ii) ACCESS TO RECORDS.—Upon the re- for which the entity is accredited, is known under this subsection, the entity shall, at a quest of an officer or employee designated by to the public. The lists shall be updated not minimum, meet the following requirements: the Secretary, an entity accredited under later than 30 days after the date on which— ‘‘(I) Such entity may not be an employee of this subsection shall permit the officer or ‘‘(I) an entity is accredited under this sub- the Federal Government. employee, at all reasonable times, to have section; ‘‘(II) Such entity shall be an independent access to, copy, and verify the records de- ‘‘(II) the accreditation of an entity under organization that is not owned or controlled scribed in clause (i). this subsection is suspended or withdrawn; by a manufacturer, supplier, or vendor of ‘‘(iii) PRODUCTION OF RECORDS.—Not later or food regulated under this Act and that has than 15 days after the date an entity accred- ‘‘(III) the particular category for which an no organizational, material, or financial af- ited under this subsection receives a written entity is accredited under this subsection is filiation (including a consultative affili- request from the Secretary for a copy of the modified. ation) with such a manufacturer, supplier, or records described in clause (i), the entity ‘‘(B) AUDITS; WITHDRAWAL; DEBARMENT.— vendor. shall produce the copy at the place des- ‘‘(i) IN GENERAL.—To ensure that entities ‘‘(III) Such entity shall be legally con- ignated by the Secretary. accredited under this subsection continue to stituted and permitted to conduct the in- ‘‘(B) INSPECTION REPORTS.— meet the standards of accreditation, the Sec- spection activities for which it seeks accred- ‘‘(i) IN GENERAL.—In carrying out an in- retary shall— itation. spection of a domestic facility or foreign fa- ‘‘(I) audit the performance of such entities ‘‘(IV) Such entity may not engage in the cility to ensure compliance with this Act, an on a periodic basis through the review of in- design, manufacture, promotion, or sale of entity accredited under this subsection spection reports and inspections by the Sec- food regulated under this Act. shall— retary to evaluate the compliance status of a

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ENTRY OF FOOD FROM FACILITIES IN- HARMONIZATION OF FOOD REGULATORY RE- if— SPECTED BY AN ACCREDITED THIRD QUIREMENTS ‘‘(aa) such entity is substantially not in PARTY. .—The Secretary shall support compliance with the standards of accredita- the Office of the United States Trade Rep- tion; Section 801 of the Federal Food, Drug, and resentative, in consultation with the Sec- ‘‘(bb) such entity poses a threat to public Cosmetic Act (21 U.S.C. 381) is amended by retary of Commerce, in meetings with rep- health; adding at the end the following: resentatives of foreign governments to dis- ‘‘(cc) such entity fails to act in a manner ‘‘(p) ENTRY OF FOOD FROM FACILITIES IN- cuss methods and approaches to reduce the that is consistent with the purposes of this SPECTED BY AN ACCREDITED THIRD PARTY.—If burden of regulation and harmonize food reg- subsection; or an article of food is being imported or of- ulatory requirements if the Secretary deter- ‘‘(dd) the Secretary determines that there fered for import at a port of entry into the mines that such harmonization continues is a financial conflict of interest in the rela- United States and such article of food is consumer protections consistent with the tionship between such entity and the owner from a foreign facility at which an inspec- purposes of this Act and the Federal Food, or operator of a domestic facility or foreign tion by an entity accredited under section Drug, and Cosmetic Act (21 U.S.C. 301 et facility that the entity has inspected under 704(h) was completed prior to the production seq.). this subsection. of such article of food at such facility and— SEC. 12. COMPLIANCE WITH INTERNATIONAL ‘‘(II) SUSPENSION.—The Secretary may sus- ‘‘(1) the results of the inspection were no AGREEMENTS. pend accreditation of an entity during the official action indicated, the Commissioner Nothing in this Act (or an amendment pendency of the process under subclause (I). of Food and Drugs agrees with the results of made by this Act) shall be construed in a ‘‘(iii) DEBARMENT.—If the Secretary deter- the inspection, and such facility has a cer- manner inconsistent with the agreement es- mines that an entity accredited under this tificate described under section 704(h)(8), tablishing the World Trade Organization or subsection has violated section 301(y), the then the article of food shall be presumed to any other treaty or international agreement Secretary— be admissible into the United States and to which the United States is a party. ‘‘(I) shall withdraw such entity’s accredita- shall not be detained or refused admission SA 4697. Mr. COBURN (for himself, tion under this subsection; and but shall receive permission for expedited Mrs. MCCASKILL, and Mr. UDALL of Col- ‘‘(II) may permanently debar a responsible entry into the United States; person for such entity from being accredited ‘‘(2) the results of the inspection were vol- orado) submitted an amendment in- and from carrying out inspection activities untary action indicated and the Commis- tended to be proposed by him to the under this subsection. sioner of Food and Drugs agrees with the re- bill S. 510, to amend the Federal Food, ‘‘(6) FEES.—An entity accredited under this sults of the inspection, then the article of Drug, and Cosmetic Act with respect to subsection may charge a domestic facility or food shall be subject to increased random in- the safety of the food supply; which foreign facility reasonable fees for inspection spection at the border; or was ordered to lie on the table; as fol- services. ‘‘(3) the results of the inspection were offi- lows: ‘‘(7) SYMBOL INDICATING INSPECTION BY AN cial action indicated and the Commissioner At the appropriate place, insert the fol- ACCREDITED ENTITY.—The Secretary may by of Food and Drugs agrees with the results of lowing: regulation establish one or more tamper-re- the inspection, then the article of food sistant symbols indicating that an article of SEC. lll. FISCAL YEARS 2011 THROUGH 2013 shall— EARMARK MORATORIUM. food was produced in a domestic or foreign ‘‘(A) be— (a) BILLS AND JOINT RESOLUTIONS.— facility that passed an accredited third party ‘‘(i) held at the port of entry for the article (1) POINT OF ORDER.—It shall not be in inspection. Such a symbol may be affixed on without physical examination and refused order to— the packaging of such an article. admission if the inspection failure was due (A) consider a bill or joint resolution re- ‘‘(8) ELECTRONIC IMPORT CERTIFICATES.—If to a condition presenting a reasonable prob- ported by any committee or a bill or joint the standards, processes, and criteria to cer- ability that the use of or exposure to the ar- resolution reported by any committee with a tify articles of food used by a foreign regu- ticle of food will cause serious adverse report that includes an earmark, limited tax latory authority of an exporting country or health consequences or death; or benefit, or limited tariff benefit; or an entity accredited under this subsection ‘‘(ii) placed on import alert if the inspec- (B) a Senate bill or joint resolution not re- are sufficient to ensure compliance with this tion failure was due to a condition in which ported by committee that includes an ear- Act, the Secretary shall enter into agree- use of or exposure to the article of food may mark, limited tax benefit, or limited tariff ments with such regulatory authority or cause temporary or medically reversible ad- benefit. such accredited entity to electronically cer- verse health consequences or where the prob- (2) RETURN TO THE CALENDAR.—If a point of tify each food shipment or class of shipments ability of serious adverse health con- order is sustained under this subsection, the of designated food for compliance with this sequences is remote; and bill or joint resolution shall be returned to Act prior to shipment. Such agreements ‘‘(B) be subject to other actions as provided the calendar until compliance with this sub- shall include provision of electronic certifi- under this Act.’’. section has been achieved. cates from such regulatory authority or such (b) CONFERENCE REPORT.— accredited entity to accompany each ship- SEC. 11. ACTIVITIES WITH OTHER GOVERN- MENTS. (1) POINT OF ORDER.—It shall not be in ment. The Secretary shall provide criteria order to vote on the adoption of a report of for such certificates to ensure a secure sys- (a) MEETINGS AND AGREEMENTS.— a committee of conference if the report in- tem that prevents counterfeiting of the cer- (1) IN GENERAL.—In carrying out the func- cludes an earmark, limited tax benefit, or tificates and takes into consideration pos- tions of the Office of International Programs limited tariff benefit. sible transshipment of products as a way to of the Food and Drug Administration, the (2) RETURN TO THE CALENDAR.—If a point of avoid certification. Secretary of Health and Human Services (re- order is sustained under this subsection, the ‘‘(9) CONSIDERATION.—Notwithstanding any ferred to in this section as the ‘‘Sec- conference report shall be returned to the other provision of law, the Secretary shall retary’’)— calendar. consider inspections performed by accredited (A) shall regularly participate in meetings (c) FLOOR AMENDMENT.—It shall not be in entities under this subsection, as well as with representatives of foreign governments order to consider an amendment to a bill or other private food safety contracts, when de- to discuss and reach agreement on methods joint resolution if the amendment contains termining the overall inspection schedule of and approaches to harmonize regulatory re- an earmark, limited tax benefit, or limited the Food and Drug Administration in order quirements; and tariff benefit. to focus on higher-risk facilities.’’. (B) may enter into an agreement with a (d) AMENDMENT BETWEEN THE HOUSES.— (b) PROHIBITED ACTS.—Section 301(y) of the foreign entity to facilitate commerce in food (1) IN GENERAL.—It shall not be in order to Federal Food, Drug, and Cosmetic Act (21 between the United States and such entity— consider an amendment between the Houses U.S.C. 331(y)) is amended— (i) consistent with the requirements of this if that amendment includes an earmark, lim- (1) in paragraph (1), by inserting ‘‘or an en- Act and the Federal Food, Drug, and Cos- ited tax benefit, or limited tariff benefit. tity accredited under section 704(h)’’ after metic Act (21 U.S.C. 301 et seq.); and (2) RETURN TO THE CALENDAR.—If a point of ‘‘523’’; (ii) in which the Secretary shall encourage order is sustained under this subsection, the (2) in paragraph (2)— the mutual development and recognition of— amendment between the Houses shall be re- (A) by inserting ‘‘or an entity accredited (I) good manufacturing practice regula- turned to the calendar until compliance with under section 704(h)’’ after ‘‘523’’; and tions; and this subsection has been achieved.

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(e) WAIVER.—Any Senator may move to (c) FOOD FRAUD DEFINITION.—For purposes At the end of the bill, add the following: waive any or all points of order under this of this section, the term ‘‘food fraud’’ means SEC. ll. SENSE OF THE SENATE ON CATFISH section by an affirmative vote of two-thirds an act of producing a food product designed FOOD SAFETY. of the Members, duly chosen and sworn. for human consumption that is intentionally (a) IN GENERAL.—It is the sense of the Sen- (f) DEFINITIONS.—For the purpose of this mislabeled, adulterated, or otherwise not of ate that— section— the nature, substance, or quality expected by (1) Congress enacted section 11016 of the (1) the term ‘‘earmark’’ means a provision consumers. Food, Conservation, and Energy Act of 2008 or report language included primarily at the (Public Law 110–246; 122 Stat. 2130) and the request of a Senator or Member of the House SA 4699. Mr. PRYOR submitted an amendments made by that section to im- of Representatives providing, authorizing, or amendment intended to be proposed by prove catfish inspection following multiple recommending a specific amount of discre- him to the bill S. 510, to amend the discoveries of banned substances; tionary budget authority, credit authority, Federal Food, Drug, and Cosmetic Act (2) subsection (b) of that section includes or other spending authority for a contract, with respect to the safety of the food amendments that require the Secretary of loan, loan guarantee, grant, loan authority, Agriculture to provide inspection activities or other expenditure with or to an entity, or supply; which was ordered to lie on the under the Federal Meat Inspection Act (21 targeted to a specific State, locality or Con- table; as follows: U.S.C. 601 et seq.) for farm-raised catfish, by gressional district, other than through a On page 222, between lines 4 and 5, insert adding catfish to the list of amenable species statutory or administrative formula-driven the following: (as that term is defined in section 1 of that or competitive award process; SEC. 212. FOOD FRAUD INVESTIGATION TASK Act (21 U.S.C. 601)); (2) the term ‘‘limited tax benefit’’ means FORCE. (3) it is imperative that the Secretary of any revenue provision that— Chapter IV (21 U.S.C. 341 et seq.), as Agriculture and the Director of the Office of (A) provides a Federal tax deduction, cred- amended by section 207, is further amended Management and Budget implement those it, exclusion, or preference to a particular by adding at the end the following: amendments to improve food safety proce- beneficiary or limited group of beneficiaries ‘‘SEC. 424. FOOD FRAUD INVESTIGATION TASK dures and protect consumers in the United under the Internal Revenue Code of 1986; and FORCE. States; and (B) contains eligibility criteria that are ‘‘(a) IN GENERAL.—Not later than 180 days (4) the Secretary of Agriculture and the Di- not uniform in application with respect to after the date of enactment of the FDA Food rector of the Office of Management and potential beneficiaries of such provision; and Safety Modernization Act, the Secretary Budget should promulgate regulations to (3) the term ‘‘limited tariff benefit’’ means shall establish a Food Fraud Investigation complete implementation of section 11016 of a provision modifying the Harmonized Tariff Task Force (referred to in this section as the the Food, Conservation, and Energy Act of Schedule of the United States in a manner ‘Task Force’), headed by the Commissioner, 2008 (Public Law 110–246; 122 Stat. 2130) and that benefits 10 or fewer entities. to investigate suspected cases of food fraud. the amendments made by that section. (g) FISCAL YEARS 2011 THROUGH 2013.—The ‘‘(b) TASK FORCE INVESTIGATIVE AUTHORITY (b) RELATIONSHIP TO OTHER ACTIVITIES.—In point of order under this section shall only AND DUTIES.—The duties of the Task Force establishing the grading and inspection pro- apply to legislation providing or authorizing shall include— gram for catfish in accordance with the discretionary budget authority, credit au- ‘‘(1) developing and maintaining a toll-free amendments made by section 11016 of the thority or other spending authority, pro- telephone hotline and a reporting form on Food, Conservation, and Energy Act of 2008 viding a federal tax deduction, credit, or ex- the Internet website of the Food and Drug (Public Law 110–246; 122 Stat. 2130), the Sec- clusion, or modifying the Harmonized Tariff Administration for individuals to report sus- retary of Agriculture shall ensure that the Schedule in fiscal years 2011 through 2013. pected cases of food fraud to the Secretary; program does not duplicate, impede, or un- (h) APPLICATION.—This rule shall not apply ‘‘(2) establishing a rapid response inves- dermine any food safety or product grading to any authorization of appropriations to a tigation team to investigate suspected cases activity conducted by the Secretary of Com- Federal entity if such authorization is not of food fraud reported to the Secretary; and merce or the Commissioner of Food and specifically targeted to a State, locality, or ‘‘(3) establishing a surveillance program to Drugs. congressional district. randomly inspect food in the marketplace in order to identify cases of food fraud. SA 4701. Mr. PRYOR submitted an SA 4698. Mr. PRYOR submitted an ‘‘(c) CONSULTATION.—In carrying out this amendment intended to be proposed by amendment intended to be proposed by section, the Task Force shall consult with him to the bill S. 510, to amend the him to the bill S. 510, to amend the the Secretary of Agriculture and the heads Federal Food, Drug, and Cosmetic Act Federal Food, Drug, and Cosmetic Act of relevant agencies and offices within the with respect to the safety of the food with respect to the safety of the food Department of Agriculture. supply; which was ordered to lie on the supply; which was ordered to lie on the ‘‘(d) CONSIDERATIONS.—In carrying out the duties under this section, the Task Force table; as follows: table; as follows: shall consider— At the end of the bill, add the following: On page 222, between lines 4 and 5, insert ‘‘(1) the use of DNA testing equipment, iso- SEC. ll. SENSE OF THE SENATE ON FOOD, CON- the following: tope ratio testing equipment, and other de- SERVATION, AND ENERGY ACT OF SEC. 212. REPORT ON FOOD FRAUD. vices to accurately detect instances of food 2008. (a) IN GENERAL.—Not later than 1 year fraud; and It is the sense of the Senate that— after the date of enactment of this Act and ‘‘(2) partnering with third parties to assist (1) the Food, Conservation, and Energy Act annually thereafter, the Commissioner of in the detection of food fraud. of 2008 (7 U.S.C. 8701 et seq.) was enacted on Food and Drugs shall prepare and submit to ‘‘(e) BIENNIAL REPORTING.—The Task Force June 18, 2008, and it is critical that action be the Committee on Agriculture, Nutrition, shall prepare and submit to the Committee taken to fully implement that Act and the and Forestry, the Committee on Health, on Health, Education, Labor, and Pensions, amendments made by that Act; and Education, Labor, and Pensions, the Com- the Committee on Agriculture, Nutrition, (2) the Director of the Office of Manage- mittee on Commerce, and the Committee on and Forestry, and the Committee on Appro- ment and Budget should promulgate any re- Appropriations of the Senate and to the priations of the Senate and the Committee maining regulations relating to food safety Committee on Energy and Commerce, the on Agriculture, the Committee on Appro- and inspection that are necessary to com- Committee on Agriculture, and the Com- priations, and the Committee on Energy and plete implementation of that Act and the mittee on Appropriations of the House of Commerce of the House of Representatives a amendments made by that Act. Representatives a written report on food biennial report containing findings by the fraud. Task Force with respect to food fraud and SA 4702. Mr. JOHANNS submitted an (b) CONTENTS OF REPORT.—The report de- recommendations on how to combat food amendment intended to be proposed by scribed in subsection (a) shall include— fraud in the marketplace. him to the bill S. 510, to amend the (1) a list of food fraud complaints filed with ‘‘(f) FOOD FRAUD.—For purposes of this sec- Federal Food, Drug, and Cosmetic Act the Food and Drug Administration; tion, the term ‘food fraud’ means an act of with respect to the safety of the food (2) a list of food fraud investigations con- producing a food product designed for human ducted by the Food and Drug Administra- supply; which was ordered to lie on the consumption that is intentionally mis- table; as follows: tion; labeled, adulterated, or otherwise not of the At the end, add the following: (3) penalties for food fraud assessed by the nature, substance, or quality expected by Food and Drug Administration; consumers.’’. TITLE V—SMALL BUSINESS PAPERWORK (4) resources of the Food and Drug Admin- REDUCTION istration that are used to combat food fraud, SA 4700. Mr. PRYOR submitted an SEC. 501. REPEAL OF EXPANSION OF INFORMA- including staffing and equipment; amendment intended to be proposed by TION REPORTING REQUIREMENTS. (5) field reports of food fraud investiga- him to the bill S. 510, to amend the Section 9006 of the Patient Protection and tions conducted by the Food and Drug Ad- Affordable Care Act, and the amendments ministration; and Federal Food, Drug, and Cosmetic Act made thereby, are hereby repealed; and the (6) recommendations of resources the Food with respect to the safety of the food Internal Revenue Code of 1986 shall be ap- and Drug Administration could use to com- supply; which was ordered to lie on the plied as if such section, and amendments, bat food fraud. table; as follows: had never been enacted.

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SEC. 502. RESCISSION OF UNSPENT FEDERAL (b) WEEKLY INCREASE IN REWARD.—Section financed its own security forces in light of FUNDS TO OFFSET LOSS IN REVE- 36(e)(1) of the State Department Basic Au- increases in oil revenues and unspent funds. NUES. thorities Act of 1956 (22 U.S.C. 2708(e)(1)) is (C) Iraq has an available surplus of (a) IN GENERAL.—Notwithstanding any amended by adding at the end the following $11,800,000,000, according to a September 2010 other provision of law, of all available unob- new sentence: ‘‘The amount of the reward report by the Government Accountability ligated funds, $39,000,000,000 in appropriated under the previous sentence shall be in- Office. The report, entitled ‘‘Iraqi-U.S. Cost discretionary funds are hereby permanently creased by $1,000,000 every seven days after Sharing’’, projected a budget surplus of rescinded. the date of the enactment of this sentence $52,100,000,000 through the end of 2009, with (b) IMPLEMENTATION.—The Director of the until September 30, 2015.’’. estimated outstanding advances of Office of Management and Budget shall de- $40,300,000,000. termine and identify from which appropria- SA 4705. Mr. NELSON of Nebraska (D) In addition, the security ministries of tion accounts the rescission under sub- submitted an amendment intended to Iraq did not use between $2,500,000,000 and section (a) shall apply and the amount of be proposed by him to the bill S. 3454, $5,200,000,000 of their budgeted funds from such rescission that shall apply to each such to authorize appropriations for fiscal 2005 through 2009, which could have been account. Not later than 60 days after the used to address security needs, according to date of the enactment of this Act, the Direc- year 2011 for military activities of the Department of Defense, for military the same Government Accountability Office tor of the Office of Management and Budget report. shall submit a report to the Secretary of the construction, and for defense activities (E) The fiscal year 2011 budget request of Treasury and Congress of the accounts and of the Department of Energy, to pre- the President for the Iraq Security Forces amounts determined and identified for re- scribe military personnel strengths for Fund was $2,000,000,000. scission under the preceding sentence. such fiscal year, and for other pur- (F) The United States has authorized (c) EXCEPTION.—This section shall not $707,000,000,000 for military operations in Iraq apply to the unobligated funds of the Depart- poses; which was ordered to lie on the since 2003, of which $24,000,000,000 has been ment of Defense or the Department of Vet- table; as follows: provided for training, equipment, supplies, erans Affairs. At the end of subtitle J of title V, add the following: facility construction, and other services for the Iraqi security forces. SA 4703. Mr. NELSON of Nebraska SEC. 594. DEFERRAL OF DEPLOYMENT OF MEM- BERS OF THE ARMED FORCES WHO (G) Iraq has the third largest oil reserve in (for himself and Mr. LEAHY) submitted the world, providing a steady source of rev- an amendment intended to be proposed GIVE BIRTH TO A CHILD. (a) DEFERRAL.—A member of the Armed enue that has led to budget surpluses even by him to the bill S. 3454, to authorize Forces who gives birth to a child may not be during a period of global economic hardship. appropriations for fiscal year 2011 for deployed or otherwise temporarily assigned (H) The Government of Iraq should assume military activities of the Department to a location away from the permanent duty responsibility for the costs associated with of Defense, for military construction, station or homeport of the member during building its security forces. and for defense activities of the De- such period beginning on the date of birth as (I) The United States budget deficit for fis- partment of Energy, to prescribe mili- the Secretary of the military department cal 2010 is estimated at slightly less than concerned shall specify with respect to the $1,300,000,000,000 by the Congressional Budget tary personnel strengths for such fiscal Office, and the projected deficit for fiscal year, and for other purposes; which was member. (b) MINIMUM PERIOD.—The minimum period 2011 is $980,000,000,000. ordered to lie on the table; as follows: specified with respect to a member under (J) The United States cannot continue to At the end of subtitle A of title IX, add the subsection (a) shall be six months. fund security activities for the Government following: (c) WAIVER OF DEFERRAL BY MEMBER.—A of Iraq, which now possesses the resources SEC. 904. MEMBERSHIP OF CHIEF OF THE NA- member may waive a deferral of deployment and ability to provide for itself. TIONAL GUARD BUREAU ON THE or assignment under subsection (a), in whole (2) PROVISION OF ASSISTANCE AFTER FISCAL JOINT CHIEFS OF STAFF. or in part. YEAR 2010 THROUGH LOANS.—United States (a) IN GENERAL.—Section 151(a) of title 10, (d) WAIVER OF APPLICABILITY OF DEFER- funds made available from the Iraq Security United States Code, is amended by adding at RAL.—The Secretary of Defense may waive Forces Fund after the date of the enactment the end the following new paragraph: the applicability of subsection (a) to a mem- of this Act shall be provided in the form of ‘‘(7) The Chief of the National Guard Bu- ber otherwise covered by that subsection if loans subject to full repayment to the Gov- reau.’’. the Secretary determines that the waiver is ernment of the United States. (b) CONFORMING AMENDMENTS.—Section in the national security interests of the (3) REPAYMENT.—The Secretary of State 10502 of such title is amended— United States. Waivers under this subsection shall, in conjunction with the Secretary of (1) by redesignating subsections (d) and (e) shall be made on a case-by-case basis. Defense, seek to enter into negotiations with as subsections (e) and (f), respectively; and (e) REGULATIONS.—This section shall be ad- the Government of Iraq in order to enter (2) by inserting after subsection (c) the fol- ministered in accordance with regulations into an agreement under which the Govern- lowing new subsection (d): prescribed by the Secretary of Defense. Such ment of Iraq agrees to repay the United ‘‘(d) MEMBER OF THE JOINT CHIEFS OF regulations shall, to the extent practicable, States Government the United States funds STAFF.—The Chief of the National Guard Bu- apply uniformly across the Armed Forces. provided from the Iraq Security Forces reau is a member of the Joint Chiefs of Staff, (f) EFFECTIVE DATE.—This section shall Fund, including United States funds pro- and shall perform the duties prescribed as a take effect on the date of the enactment of vided before the date of the enactment of member of the Joint Chiefs of Staff under this Act, and shall apply with respect to this Act and United States funds provided as section 151 of this title.’’. members of the Armed Forces who give birth loans under paragraph (2). on or after that date. (4) REPORT.—Not later than 90 days after SA 4704. Mr. NELSON of Nebraska the date of the enactment of this Act, the submitted an amendment intended to SA 4706. Mr. NELSON of Nebraska Secretary of State shall, in consultation be proposed by him to the bill S. 3454, submitted an amendment intended to with the Secretary of Defense, submit to to authorize appropriations for fiscal be proposed by him to the bill S. 3454, Congress a report describing the status of ne- year 2011 for military activities of the to authorize appropriations for fiscal gotiations described in paragraph (3), includ- Department of Defense, for military year 2011 for military activities of the ing any details of the repayment agreement construction, and for defense activities Department of Defense, for military entered into as a result of such negotiations. of the Department of Energy, to pre- construction, and for defense activities scribe military personnel strengths for of the Department of Energy, to pre- SA 4707. Mr. NELSON of Nebraska such fiscal year, and for other pur- scribe military personnel strengths for (for himself, Mr. WICKER, Mr. CASEY, poses; which was ordered to lie on the such fiscal year, and for other pur- and Mr. INHOFE) submitted an amend- table; as follows: poses; which was ordered to lie on the ment intended to be proposed by him At the end of subtitle G of title X, add the table; as follows: to the bill S. 3454, to authorize appro- following: On page 548, between lines 10 and 11, insert priations for fiscal year 2011 for mili- SEC. 1082. WEEKLY INCREASE IN THE REWARD the following: tary activities of the Department of FOR CAPTURE OF OSAMA BIN (h) REPAYMENT OF FUNDS PROVIDED.— LADEN. (1) FINDINGS.—Congress makes the fol- Defense, for military construction, and (a) FINDING.—Congress finds that a fore- lowing findings: for defense activities of the Depart- most objective of United States counterter- (A) The Iraq Security Forces Fund (ISSF) ment of Energy, to prescribe military rorism policy should be protecting United is intended to provide funding in areas where personnel strengths for such fiscal States persons and property by capturing or the United States is in a position to make a year, and for other purposes; which was killing Osama bin Laden, and other leaders unique contribution to Iraqi security. ordered to lie on the table; as follows: of the al Qaeda network, and by destroying (B) Starting in 2008, Congress called for the al Qaeda network. Government of Iraq to increase the level it Strike section 713.

VerDate Mar 15 2010 02:44 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.105 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7992 CONGRESSIONAL RECORD — SENATE November 17, 2010 AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without SEC. 2. ADDITION OF SPECIES OF CARP TO THE MEET objection, it is so ordered. LIST OF INJURIOUS SPECIES THAT ARE PROHIBITED FROM BEING IM- COMMITTEE ON ARMED SERVICES COMMITTEE ON THE JUDICIARY PORTED OR SHIPPED. Mr. LEAHY. Mr. President, I ask Mr. LEAHY. Mr. President, I ask Section 42(a)(1) of title 18, United States unanimous consent that the Com- unanimous consent that the Com- Code, is amended by inserting ‘‘of the big- mittee on Armed Services be author- mittee on the Judiciary be authorized head carp of the species Hypophthalmichthys nobilis;’’ after ‘‘Dreissena polymorpha;’’. ized to meet during the session of the to meet during the session of the Sen- Senate on Wednesday, November 17, ate on November 17, 2010, at 10 a.m., in f 2010, at 4 p.m. room SD–226 of the Dirksen Senate Of- GLOBAL ENTREPRENEURSHIP The PRESIDING OFFICER. Without fice Building, to conduct a hearing en- WEEK/USA titled ‘‘Judicial and Executive Nomina- objection, it is so ordered. Mr. WHITEHOUSE. Mr. President, I tions.’’ COMMITTEE ON COMMERCE, SCIENCE, AND ask unanimous consent that the Sen- The PRESIDING OFFICER. Without TRANSPORTATION ate now proceed to the immediate con- objection, it is so ordered. Mr. LEAHY. Mr. President, I ask sideration of S. Res. 681, submitted ear- unanimous consent that the Com- SUBCOMMITTEE ON COMMUNICATIONS, lier today. TECHNOLOGY, AND THE INTERNET mittee on Commerce, Science, and The PRESIDING OFFICER. The Transportation be authorized to meet Mr. LEAHY. Mr. President, I ask clerk will report the resolution by during the session of the Senate on No- unanimous consent that the Sub- title. vember 17, 2010, at 9:30 a.m., in room committee on Communications, Tech- The assistant editor of the Daily Di- 253 of the Russell Senate Office Build- nology, and the Internet of the Com- gest read as follows: ing. mittee on Commerce, Science, and Transportation be authorized to meet A resolution (S. Res. 681) designating the The PRESIDING OFFICER. Without week of November 15 through 19, 2010, as objection, it is so ordered. during the session of the Senate on No- ‘‘Global Entrepreneurship Week/USA.’’ vember 17, 2010, at 2:30 p.m., in room COMMITTEE ON ENVIRONMENT AND PUBLIC There being no objection, the Senate WORKS 253 of the Russell Senate Office Build- proceeded to consider the resolution. Mr. LEAHY. Mr. President, I ask ing. Mr. WHITEHOUSE. Mr. President, I unanimous consent that the Com- The PRESIDING OFFICER. Without ask unanimous consent that the reso- mittee on Environment and Public objection, it is so ordered. lution be agreed to, the preamble be Works be authorized to meet during f agreed to, the motions to reconsider be the session of the Senate on November PRIVILEGES OF THE FLOOR laid upon the table, with no inter- 17, 2010, at 10 a.m., in room 406 of the vening action or debate, and that any Dirksen Senate Office Building. Mr. DURBIN. Mr. President, I ask statements be printed in the RECORD. The PRESIDING OFFICER. Without unanimous consent that Bill The PRESIDING OFFICER. Without objection, it is so ordered. McConagha, a detailee in the Senate HELP Committee Majority Health Of- objection, it is so ordered. COMMITTEE ON FINANCE The resolution (S. Res. 681) was Mr. LEAHY. Mr. President, I ask fice, be granted floor privileges for the duration of S. 510, the FDA Food Safe- agreed to. unanimous consent that the Com- The preamble was agreed to. mittee on Finance be authorized to ty Modernization Act. The ACTING PRESIDENT pro tem- The resolution, with its preamble, meet during the session of the Senate reads as follows: on November 17, 2010, at 10 a.m., in pore. Without objection, it is so or- S. RES. 681 room 215 of the Dirksen Senate Office dered. 1 Building, to conduct a hearing entitled f Whereas more than ⁄2 of the companies on the 2009 Fortune 500 list were launched dur- ‘‘Strengthening Medicare and Med- ASIAN CARP PREVENTION AND ing a recession or bear market; icaid: Taking Steps to Modernize CONTROL ACT Whereas 92 percent of Americans believe America’s Health Care System.’’ Mr. WHITEHOUSE. Mr. President, I that entrepreneurs are critically important The PRESIDING OFFICER. Without ask unanimous consent that the Sen- to job creation and 75 percent believe that objection, it is so ordered. the United States cannot have a sustained ate proceed to the immediate consider- economic recovery without another burst of COMMITTEE ON FOREIGN RELATIONS ation of Calendar No. 366, S. 1421. Mr. LEAHY. Mr. President, I ask entrepreneurial activity; The PRESIDING OFFICER. The Whereas the economy and society of the unanimous consent that the Com- clerk will report the bill by title. United States, as well as the country as a mittee on Foreign Relations be author- The assistant editor of the Daily Di- whole, have benefitted greatly from the ev- ized to meet during the session of the gest read as follows: eryday use of breakthrough innovations de- Senate on November 17, 2010, at 9:30 A bill (S. 1421) to amend section 42 of title veloped and brought to market by entre- a.m. 18, United States Code, to prohibit the im- preneurs; The PRESIDING OFFICER. Without portation and shipment of certain species of Whereas Global Entrepreneurship Week is objection, it is so ordered. carp. an initiative aimed at inspiring young people to embrace innovation and creativity; COMMITTEE ON HEALTH, EDUCATION, LABOR, There being no objection, the Senate Whereas Global Entrepreneurship Week AND PENSIONS proceeded to consider the bill. helps the next generation of entrepreneurs to Mr. LEAHY. Mr. President, I ask Mr. WHITEHOUSE. Mr. President, I acquire the knowledge, skills, and networks unanimous consent that the Com- ask unanimous consent that the bill be needed to create vibrant enterprises that mittee on Health, Education, Labor, read a third time and passed, the mo- will improve the lives and communities of and Pensions be authorized to meet tion to reconsider be laid upon the the entrepreneurs; during the session of the Senate on No- table, with no intervening action or de- Whereas, in 2009, more than 160,000 individ- uals participated in the more than 2,300 en- vember 17, 2010. bate, and any statements be printed in The PRESIDING OFFICER. Without trepreneurial activities held worldwide dur- the RECORD. ing Global Entrepreneurship Week; objection, it is so ordered. The PRESIDING OFFICER. Without Whereas, in 2009, more than 1,100 partner COMMITTEE ON HOMELAND SECURITY AND objection, it is so ordered. organizations participated in Global Entre- GOVERNMENTAL AFFAIRS The bill was ordered to be engrossed preneurship Week, including chambers of Mr. LEAHY. Mr. President, I ask for a third reading, was read the third commerce, institutions of higher education, unanimous consent that the Com- time, and passed, as follows: high schools, businesses, and State and local governments; and mittee on Homeland Security and Gov- S. 1421 Whereas, in 2010, thousands of organiza- ernmental Affairs be authorized to Be it enacted by the Senate and House of Rep- meet during the session of the Senate tions in the United States will join in the resentatives of the United States of America in celebration by planning activities designed on November 17, 2010, at 10 a.m., to con- Congress assembled, to inspire, connect, inform, mentor, and en- duct a hearing entitled ‘‘Securing Crit- SECTION 1. SHORT TITLE. gage the next generation of entrepreneurs ical Infrastructure in the Age of This Act may be cited as the ‘‘Asian Carp throughout Global Entrepreneurship Week/ Stuxnet.’’ Prevention and Control Act’’. USA: Now, therefore, be it

VerDate Mar 15 2010 02:44 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A17NO6.112 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7993 Resolved, That the Senate— certain alien students who are long-term CARLO WISE BOEHM, OF TEXAS THOMAS CHARLES BOLLATI, OF NEW YORK (1) designates the week of November 15 United States residents and who entered the M. ALLYN BROOKS-LASURE, OF VIRGINIA through 19, 2010, as ‘‘Global Entrepreneur- United States as children and for other pur- BRENDAN E. BROWN, OF VIRGINIA ship Week’’; and poses. ANYA YAKHEDTS BRUNSON, OF FLORIDA MELODY BULLOCK, OF VIRGINIA (2) supports the goals of Global Entrepre- A bill (S. 3963) to authorize the cancella- JIHI JULIETA BUSTAMANTE, OF VIRGINIA neurship Week/USA, including— tion of removal and adjustment of status of CHRISTINE BUZZARD, OF OKLAHOMA (A) inspiring young people everywhere to certain alien students who are long-term DENEEN KAY CASTLE, OF ILLINOIS DANJIE CHEN, OF VIRGINIA embrace innovation, imagination, and cre- United States residents and who entered the YUSHIN CHOI, OF CALIFORNIA ativity; and United States as children and for other pur- DIANA CHU, OF ARIZONA PAUL COLOMBINI, OF MARYLAND (B) training the next generation of entre- poses. EMMA CONDON, OF MINNESOTA preneurial leaders. Mr. WHITEHOUSE. Mr. President, I PATRICK EVANS CONNALLY, OF WASHINGTON JOSEPH G. CORDARO, OF TENNESSEE f now ask for a second reading en bloc, SETH CORNELL, OF PENNSYLVANIA and I object to my own request en bloc. LOGAN RISHARD COUNCIL, OF NORTH CAROLINA ORDERS FOR THURSDAY, CHRISTOPHER D. COURT, OF VIRGINIA NOVEMBER 18, 2010 The PRESIDING OFFICER. Objec- EMILY GRACE CRAWFORD, OF ILLINOIS tion is heard. TODD WILSON ARDELL CRAWFORD, OF OREGON Mr. WHITEHOUSE. I ask unanimous JOAQUIN CROSLIN, OF TEXAS The bills will be read for the second ANDREW CROSSON, OF TENNESSEE consent that when the Senate com- time on the next legislative day. EMILEE M. CUMMINGS, OF VIRGINIA pletes its business today, it adjourn STEWART E. DAVIS, OF THE DISTRICT OF COLUMBIA f CARRIE A. DENVER, OF VIRGINIA until 9:30 a.m., Thursday, November 18; REBECCA DICKENS, OF MASSACHUSETTS that following the prayer and pledge, ADJOURNMENT UNTIL 9:30 A.M. WILLIAM A. DIEFENBACH, OF VIRGINIA AMANDA WICKHAM DIXON, OF TENNESSEE the Journal of proceedings be approved TOMORROW COURTNEY ELIZABETH DOGGART, OF NEW YORK to date, the morning hour be deemed DONYA S. ELDRIDGE, OF INDIANA Mr. WHITEHOUSE. If there is no fur- OMAR FAROOQ, OF VIRGINIA expired, the time for the two leaders be JASON M. FLEMING, OF VIRGINIA ther business to come before the Sen- LISBETH L. FOUSE, OF MARYLAND reserved for their use later in the day; ate, I ask unanimous consent that it YAN GAO, OF MASSACHUSETTS that following any leader remarks, PHYLLIS GEORGE, OF VIRGINIA adjourn under the previous order. JEFFREY GRIESSMANN, OF VIRGINIA there be a period of morning business There being no objection, the Senate, ANDREW GRILLOS, OF CALIFORNIA for one hour, with Senators permitted JAMES WILLIAM HALLOCK, OF NEW YORK at 6:58 p.m., adjourned until Thursday, JASON M. HAMMONTREE, OF NEW HAMPSHIRE to speak therein for up to 10 minutes November 18, 2010, at 9:30 a.m. JEFFREY HANLEY, OF PENNSYLVANIA each, with the time equally divided and VANESSA H. HARPER, OF CONNECTICUT f ERIN M. HART, OF VIRGINIA controlled between the two leaders or MICHAEL D. HAUSER, OF FLORIDA their designees, with the Republicans NOMINATIONS DAVID B. HEATON, OF VIRGINIA controlling the first half and the ma- ADAM G. HELLER, OF THE DISTRICT OF COLUMBIA Executive nominations received by JUSTIN EDWARD HINTZEN, OF VIRGINIA jority controlling the final half; that CHRISTIN HO, OF MASSACHUSETTS the Senate: JAMES WESLEY JEFFERS, OF WEST VIRGINIA following morning business, the Senate CHRISTOPHER A. JONES, OF VIRGINIA DEPARTMENT OF STATE resume consideration of the motion to ANDREA R. KALAN, OF TEXAS proceed to S. 510, the FDA Food Safety DANIEL L. SHIELDS III, OF PENNSYLVANIA, A CAREER RYAN WILLIAM KAY, OF CALIFORNIA MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF KAMILAH MARESSA KEITH, OF GEORGIA Modernization Act, postcloture; and COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND UZMA FATIMAH KHAN, OF NORTH CAROLINA the Senate recess from 12:30 until 3 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JOHN M. KIPP, OF VIRGINIA TO BRUNEI DARUSSALAM. AHMED KOKON, OF NEW YORK p.m., with the time during recess, ad- JOSEPH M. TORSELLA, OF PENNSYLVANIA, TO BE REP- DEREK R. KOLB, OF CALIFORNIA journment, or period of morning busi- RESENTATIVE OF THE UNITED STATES OF AMERICA TO VALERIE A. LABOY, OF TEXAS THE UNITED NATIONS FOR U.N. MANAGEMENT AND RE- JESSE L. LASWELL, OF VIRGINIA ness counting postcloture. FORM, WITH THE RANK OF AMBASSADOR. STEPHEN FROLING LECOMPTE, OF MARYLAND The PRESIDING OFFICER. Without JOSEPH M. TORSELLA, OF PENNSYLVANIA, TO BE AL- KRISTINA LESZCZAK, OF OHIO TERNATE REPRESENTATIVE OF THE UNITED STATES OF BONNIE M. MACE, OF IOWA objection, it is so ordered. AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY DANIELLE ANNE MANISCALCO, OF MASSACHUSETTS OF THE UNITED NATIONS, DURING HIS TENURE OF SERV- MATTHEW J. MARCHANT, OF THE DISTRICT OF COLUM- f ICE AS REPRESENTATIVE OF THE UNITED STATES OF BIA AMERICA TO THE UNITED NATIONS FOR U. N. MANAGE- LYNNE MARTIN, OF VIRGINIA PROGRAM MENT AND REFORM. ROYDEN MASCARENHAS, OF VIRGINIA REBECCA E. MCCALL, OF VIRGINIA Mr. WHITEHOUSE. Mr. President, DEPARTMENT OF JUSTICE FRISCO JOHNSON MCDONALD, OF ARKANSAS DEBORAH M. MCFARLAND, OF VIRGINIA the postcloture debate time on the mo- ANDREW L. TRAVER, OF ILLINOIS, TO BE DIRECTOR, MEGHAN E. MERCIER, OF FLORIDA tion to proceed to the food safety bill BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLO- MEREDITH T. METZLER, OF TEXAS SIVES. (NEW POSITION) will expire late tomorrow afternoon. In MOLLY LYNN MITCHELL—OLDS, OF NORTH CAROLINA FOREIGN SERVICE JAIME LYNETTE MOODY, OF LOUISIANA the meantime, we will continue to EVAN MORRISEY, OF WASHINGTON THE FOLLOWING-NAMED PERSONS OF THE AGENCIES JULIE NAUMAN, OF FLORIDA work on an agreement to consider INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- ELIZABETH ANN NOLL, OF VIRGINIA amendments to the bill. We wish to FICERS OF THE CLASSES STATED. KRYSTLE WANITA ONIKE NORMAN, OF VIRGINIA ´ reach agreement so we can complete FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF BRANDON RENE NUGENT, OF VIRGINIA CLASS THREE, CONSULAR OFFICER AND SECRETARY IN ANN PAABUS, OF THE DISTRICT OF COLUMBIA action on this important legislation THE DIPLOMATIC SERVICE OF THE UNITED STATES OF JACK PAN, OF NEVADA AMERICA, LEONARD K. PAYNE IV, OF VIRGINIA this week. MICHAEL PERIARD, OF VIRGINIA I suggest the absence of a quorum. DEPARTMENT OF STATE MICHAEL POLYAK, OF MICHIGAN ROBERT RADEMEYER, OF VIRGINIA The PRESIDING OFFICER. The LOUIS JOHN FINTOR, OF FLORIDA REN´ E MICHELLE RAGIN, OF NEW YORK clerk will call the roll. BETH ANNE MITCHELL, OF FLORIDA SHANKAR RAO, OF COLORADO The legislative clerk proceeded to FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF KEDENARD MADEILLE RAYMOND, OF MARYLAND CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN BRIAN OWEN ROBERTS, OF WEST VIRGINIA call the roll. THE DIPLOMATIC SERVICE OF THE UNITED STATES OF TANIA J. ROMANOFF, OF MASSACHUSETTS AMERICA, ARECA H’LAEL SAMPSON, OF CALIFORNIA Mr. WHITEHOUSE. I ask unanimous TIMOTHY L. SAVAGE, OF CALIFORNIA consent that the order for the quorum DEPARTMENT OF STATE BRIAN J. SAWICH, OF NEW HAMPSHIRE ANDREW J. SCHEINESON, OF VIRGINIA call be rescinded. LESLIE WILLIAMS DOUMBIA, OF ALABAMA CHRIS SCISSORS, OF FLORIDA The PRESIDING OFFICER. Without THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN ELIZABETH ELEANOR SHACKELFORD, OF MISSISSIPPI objection, it is so ordered. SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES SUJATA PRADEEP SHARMA, OF MASSACHUSETTS IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF JAMES JONAS SHEA, OF THE DISTRICT OF COLUMBIA f AMERICA: STEPHANIE SHORE, OF NEW YORK THOMAS LAMAR SHREVE, OF VIRGINIA MEASURES READ THE FIRST DEPARTMENT OF COMMERCE TIMOTHY SHRIVER, OF IOWA SHANE M. SIEVERS, OF MARYLAND TIME—S. 3962 AND S. 3963 PERRY A. DAVIS, OF ILLINOIS SILVIA FREYRE SPRING, OF THE DISTRICT OF COLUMBIA LAWRENCE J. PANIGOT, OF TEXAS ANDREW STAPLES, OF WASHINGTON Mr. WHITEHOUSE. Mr. President, I DONALD P. PEARCE, OF NEW YORK KRISTEN L. STOLT, OF VIRGINIA understand there are two bills at the DEPARTMENT OF STATE FREDERICK STRUBER, OF VIRGINIA GEORGE JAMES SULLIVAN, OF NEW YORK desk, and I ask for their first reading YVON ACCIUS, OF FLORIDA THOMAS C. SUSMAN, OF VIRGINIA en bloc. OMAR S. AHMED, OF NEW YORK SHAWN TENBRINK, OF OHIO DRU ALEJANDRO, OF ILLINOIS JAMES PORTER THROWER, OF FLORIDA The PRESIDING OFFICER. The CHRIS E. ANDERSON, OF THE DISTRICT OF COLUMBIA EVELINE W. TSENG, OF NEW YORK clerk will report the bills by title. RACHEL ATWOOD, OF NORTH DAKOTA AMY MICHELLE VALENTI, OF THE DISTRICT OF COLUM- CALEB DANIEL BECKER, OF TEXAS BIA The legislative clerk read as follows: GEOFFREY BENELISHA, OF VIRGINIA CHARLES F. VETTER, OF ILLINOIS THOMAS DEE BEVAN, OF UTAH CYNTHIA H. WANG, OF CALIFORNIA A bill (S. 3962) to authorize the cancella- CORI BICKEL, OF ARKANSAS GEORGE BYRD PAGE WARD III, OF MARYLAND tion of removal and adjustment of status of DOREL V. BINDEA, OF VIRGINIA RONALD P. WARD, OF FLORIDA

VerDate Mar 15 2010 02:56 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00081 Fmt 4624 Sfmt 9801 E:\CR\FM\A17NO6.066 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7994 CONGRESSIONAL RECORD — SENATE November 17, 2010

JASMINE N. WHITE, OF OHIO MARCELYN ELIZABETH SANCHEZ, OF CALIFORNIA JOSEPH C. KELLY, OF SOUTH CAROLINA MATTHEW D. YARRINGTON, OF FLORIDA THOMAS M. SCHMIDT, OF MISSOURI MAURA M. KENISTON, OF ALASKA THE FOLLOWING-NAMED CAREER MEMBERS OF THE WAYNE D. SCHMIDT, OF IDAHO JOHN C. KNETTLES, OF WASHINGTON SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF ANJALINA MIREILLE SEN, OF NEW YORK ADAM KOTKIN, OF VIRGINIA STATE FOR PROMOTION WITHIN AND INTO THE SENIOR DENISE SHEN, OF VIRGINIA ALLISON MARIE KOWALSKI, OF VIRGINIA FOREIGN SERVICE TO THE CLASS INDICATED: RICHARD ROSS SILVER, OF CALIFORNIA ERIC KYANKO, OF VIRGINIA ´ CAREER MEMBER OF THE SENIOR FOREIGN SERVICE JOAN RENEE SINCLAIR, OF CALIFORNIA NANCY ELIZABETH LAMANNA, OF CALIFORNIA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- DIANA MARIA SITT, OF CALIFORNIA MARITA I. LAMB, OF PENNSYLVANIA ISTER-COUNSELOR: JIMMI NICOLE SOMMER, OF IDAHO AUSTIN CAREY LAU, OF CALIFORNIA PAUL GLEN STAHLE, OF TEXAS YOUNG EUN LEE, OF NEW JERSEY FRONTIS B. WIGGINS, OF VIRGINIA SARAH CLAIRE STEWART, OF ARIZONA ERIC DARRYL LEKUS, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE JENNIFER SKOUSEN SUDWEEKS, OF TEXAS JOSHUA P. LERNER, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- ELIZABETH A. SUNDAY, OF PENNSYLVANIA SHANNON LIBURD, OF NEW YORK SELOR: HUGUETTE THORNTON, OF FLORIDA MY LU, OF CALIFORNIA JUAN A. ALSACE, OF VIRGINIA BENJAMIN A. TIETZ, OF VIRGINIA JOZANNE ML MALONEY, OF UTAH PAUL S. BEIGHLEY, OF FLORIDA LAURA A. TILL, OF WASHINGTON KENNETH WAYNE MCBRIDE, OF MINNESOTA THOMAS F. GRAY, JR., OF FLORIDA JAMES M.A. TIRA, OF KANSAS KELLY RABELLO MCCALEB, OF VIRGINIA THE FOLLOWING-NAMED PERSONS OF THE AGENCIES MIRIAM E. TOKUMASU, OF WASHINGTON PAUL A. MCDERMOTT, OF TEXAS INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- NYREE ALYSE TRIPPTREE, OF GEORGIA DEENA L. MCDORMAN, OF VIRGINIA FICERS OF THE CLASSES STATED. ARIEL REBECCA VAAGEN, OF TEXAS THOMAS B. MCDORMAN III, OF VIRGINIA CHRISTOPHER ALLEN VAN BEBBER, OF CALIFORNIA CHRISTOPHER K. MICKS, OF ILLINOIS FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ANGEL A. VENTLING, OF NEW YORK RYAN S. MILLER, OF OHIO CLASS THREE, CONSULAR OFFICER AND SECRETARY IN VAIDA VIDUGIRIS, OF NEW YORK KIMITO MISHINA, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF KERRY M. WALD, OF CONNECTICUT HOMEYRA NAVEEN MOKHTARZADA, OF THE DISTRICT OF AMERICA, MATTHEW EARL WALL, OF ALABAMA COLUMBIA DEPARTMENT OF AGRICULTURE JENNIFER A. WHITE, OF THE DISTRICT OF COLUMBIA MEAGHAN C. MONFORT, OF OHIO DIANE WHITTEN, OF NEBRASKA VI LUAT NHAN, OF WASHINGTON ALAN HALLMAN, OF VIRGINIA STEWART A S WIGHT, OF NEW YORK JESSE SCOTT NOLTEN, OF THE DISTRICT OF COLUMBIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF TODD ANDREW WILDER, OF WASHINGTON SARAH LUNDQUIST NUUTINEN, OF TEXAS CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN BRANDON WILSON, OF TEXAS SERGEY OLHOVSKY, OF NEW JERSEY THE DIPLOMATIC SERVICE OF THE UNITED STATES OF SUSAN ANDREA WILSON, OF VIRGINIA KATHERINE EARHART ORDON˜ EZ, OF GEORGIA AMERICA, DEBORAH WINTERS, OF NEW JERSEY ELIJAH ERNEST OWEN, OF VIRGINIA KIMBERLY E. WRIGHT-KING, OF NEW YORK MANUEL G. PABON, OF VIRGINIA DEPARTMENT OF STATE PETER YONGJIN YOON, OF VIRGINIA JASON LEE PARK, OF NEW JERSEY JESSICA LYNN ADAMS, OF OHIO SUZANNE MARIE YOUNTCHI, OF CALIFORNIA MAREN E. PAYNE—HOLMES, OF VIRGINIA MARY E. ALEXANDER, OF TEXAS ANDREW M. PELKEY, OF THE DISTRICT OF COLUMBIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN CARLOS D. PETERSEN, OF VIRGINIA ROBERT T. ALTER, OF OHIO SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES ROBERT E. ANDERSON, OF OREGON URFA QADRI, OF THE DISTRICT OF COLUMBIA IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF LAURA QUINN, OF NEW YORK GILLIAN R. APFEL, OF WASHINGTON AMERICA: GREGORY D. AURIT, OF NEVADA CATHERINE REIN, OF VIRGINIA DAVID AVERY, OF NEW HAMPSHIRE DEPARTMENT OF COMMERCE JOSANNE REYNOSO, OF VIRGINIA BRIAN THOMAS BEDELL, OF WISCONSIN AUSTIN RICHARDSON, OF COLORADO MONICA ALEXANDRA BODUSZYNSKI, OF CALIFORNIA HAROLD H. BRAYMAN, JR., OF VIRGINIA BRIGID JULIA RYAN, OF MARYLAND LISA ARUNEE BUZENAS, OF TEXAS FLORENTINO J. GAI, OF VIRGINIA RAPHAEL SAMBOU, OF CALIFORNIA ERIC CARLO CAMUS, OF OREGON CHRISTIAN P. HOBART, OF VIRGINIA FELIX PASTOR SANCHEZ, OF ILLINOIS TOM CARD, OF VIRGINIA NICHOLAS A. LOVRIEN, OF MINNESOTA MICAH M. SAVIDGE, OF PENNSYLVANIA STEVEN WILLIAM CARROLL, OF CALIFORNIA RAFAEL A. PATINO, OF CALIFORNIA GEORGINA M. SCARLATA, OF THE DISTRICT OF COLUM- CHARLES C. CARSON, OF VIRGINIA KALPANA B. REDDY, OF MARYLAND BIA CHRISTOPHER RONALD CARVER, OF OREGON STEPHEN T. RIBAUDO, OF NEW YORK SOLMAZ SHARIFI, OF CALIFORNIA LAURA E. CHAMBERLIN, OF NEW MEXICO EVERETT G. WAKAI, OF CALIFORNIA ADAM SIGELMAN, OF MASSACHUSETTS ADAM SILVER, OF NEW JERSEY ANDREW H. CHOI, OF VIRGINIA DEPARTMENT OF STATE DANIEL Y. CHU, OF CALIFORNIA SETH SONNONSTINE, OF VIRGINIA DANIEL ROBERT CISEK, OF FLORIDA DINA J. ABAA-OGLEY, OF CALIFORNIA KERRI P. SPINDLER—RANTA, OF MASSACHUSETTS NILES COLE, OF FLORIDA ANDREW PAUL ABBAN, OF VIRGINIA RAJ SRIRAM, OF NEW YORK STACY L. COMP, OF SOUTH DAKOTA LESLIE ABITZ, OF WISCONSIN KRISTIN STATHAM, OF THE DISTRICT OF COLUMBIA MARC STEVEN COOK, OF THE DISTRICT OF COLUMBIA ANA VEYTIA ADLER, OF FLORIDA ELIZABETH A. STEINBERG, OF VIRGINIA ALFONSO GONZALES CORTES, OF NEW YORK ERIC L. ADLER, OF CALIFORNIA JACOB DARYL STEVENS, OF OREGON JONATHAN JOEL CRAWFORD, OF INDIANA MAROOF P. AHMED, OF FLORIDA MAXWELL H. STONEMAN, OF VIRGINIA JOHN EDWARD CRIPPEN, OF ARKANSAS THOMAS ASH, OF TEXAS SCOTT JOSEPH STREF, OF VIRGINIA RAMONA S. CRIPPEN, OF ARKANSAS ANDREW CORNELL AYERS, OF THE DISTRICT OF COLUM- WALLACE F. STURM III, OF THE DISTRICT OF COLUMBIA MICHAEL ALBERT DASCHBACH, OF ARIZONA BIA JOHN C. SWEDA, OF VIRGINIA SCOTT M. DRISKEL, OF VIRGINIA ANDREW C. BAKER, OF VIRGINIA MIA FRANCESCA TER HAAR, OF CALIFORNIA CAROLYN R. DUBROVSKY, OF VIRGINIA CHRISTOPHER I. BARNES, OF VIRGINIA CHRISTINA IRENE TILGHMAN, OF VIRGINIA DAVID A. EPSTEIN, OF NEW YORK NAZANIN BERARPOUR, OF CALIFORNIA J. BARRETT TRAVIS, OF TEXAS AARON LEE FEIT, OF MICHIGAN JONATHAN MCCARTHY BEUTLER, OF CALIFORNIA MATTHEW CARL UNDERWOOD, OF CALIFORNIA EMILY STEARNS FERTIK, OF MASSACHUSETTS KIMLANG CHAN BISSONNETTE, OF VIRGINIA ANDREEA D. URSU, OF NEW YORK ANN CLEMENTI FLYNN, OF CALIFORNIA ROBERT EDWARD BLAKESLEE, OF FLORIDA LEE BENJAMIN VANDUYN, OF THE DISTRICT OF COLUM- EDWARD A. GALLAGHER, OF VIRGINIA JAMES R. BOOTERBAUGH, OF VIRGINIA BIA JAMES T. GALLAGHER, OF VIRGINIA ELBERT MOYE BOYD III, OF THE DISTRICT OF COLUMBIA JOHN H. VAN KAN, OF MARYLAND NICOLE E. GALLAGHER, OF MARYLAND JEANETTE BRACKETT, OF COLORADO DANIELLE SHENAE VARNELL, OF VIRGINIA MICHELLE MARIE GALSTAUN, OF VIRGINIA DUSTIN W. BRADSHAW, OF HAWAII MELISSA D. VONHINKEN, OF VIRGINIA LAWRENCE H. GEMMELL, OF MAINE CHERONDA E. BRYAN, OF TEXAS JACQUELINE V. WALTON, OF VIRGINIA LEAH GEORGE, OF NEW YORK DAVID A. BUTLER, OF VIRGINIA NATHAN WEBBER, OF UTAH KRISTIN MICHELE GILMORE, OF CALIFORNIA JAMES CERVEN, OF VIRGINIA JEREMY R. WISEMILLER, OF FLORIDA LEWIS GITTER, OF THE DISTRICT OF COLUMBIA MEREDITH L. CHAMPLIN, OF VIRGINIA ERIC R. WOLFE, OF VIRGINIA STEPHEN GLASER, OF CALIFORNIA ISABELLE CHAN, OF MINNESOTA TREVOR LEWIS WYSONG, OF MARYLAND KRISTOFOR E. GRAF, OF TEXAS JACOB CHRIQUI, OF CALIFORNIA WON YOON, OF VIRGINIA MICHAEL D. GUINAN, OF VIRGINIA ROY CLIFFORD CLARK, OF VIRGINIA JAY J. ZAGURSKY, OF NEW YORK REVA GUPTA, OF MARYLAND BRAD COLEY, OF TEXAS THE FOLLOWING-NAMED CAREER MEMBER OF THE REBECCA HAAS, OF PENNSYLVANIA EDWARD J. COX, OF OREGON FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR CAROLINE ADAIR HAMILTON, OF TEXAS CORRIN R. COZAD, OF VIRGINIA PROMOTION INTO THE SENIOR FOREIGN SERVICE TO THE ROBERT W. HARELAND, OF NEVADA DAVID JUDE CUMMINGS, OF COLORADO CLASS INDICATED: KAREN E. HEIMSOTH, OF ILLINOIS TABARI DOSSETT, OF CALIFORNIA JUSTIN MATTHEW HEKEL, OF NEW YORK NAKASHIA CHERISE DUNNER, OF SOUTH CAROLINA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE ERIC D. HEYDEN, OF TENNESSEE EVAN ELLIOTT, OF COLORADO OF THE UNITED STATES OF AMERICA, CLASS OF MIN- PAUL ALLEN HINSHAW, OF MISSISSIPPI DANIEL EVENSEN, OF UTAH ISTER-COUNSELOR, EFFECTIVE JANUARY 17, 2010: A. DIANE HOLCOMBE, OF FLORIDA DAVID CALDWELL EVERETT III, OF VIRGINIA DANIEL RUBINSTEIN, OF CALIFORNIA REBECCA KATHERINE HUNTER, OF FLORIDA JOHN JOSEPH FARLEY, OF VIRGINIA KAREEM N. JAMJOOM, OF MISSOURI JEROME FIELDS, OF MINNESOTA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE JAMES J. JAY, JR., OF ILLINOIS JOEL ALLEN FIFIELD, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- RICHARD B. JOHNS, OF TEXAS KENT DAVID FISHER, OF FLORIDA SELOR, EFFECTIVE OCTOBER 12, 2008: JENAE DENISE JOHNSON, OF VIRGINIA SAMUEL N. FONTELA, OF VIRGINIA RICHARD G. SIMPSON, OF VIRGINIA NICOLE G. JOHNSON, OF WISCONSIN BENJAMIN T. FORD, OF VIRGINIA ERIC A. JORDAN, OF KANSAS PATRICK SCOTT GAN, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE STEVEN MARK KENOYER, OF CALIFORNIA NICHOLAS GAZULIS, OF VIRGINIA SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- HESTER ANN KERKSIEK, OF TEXAS THOMAS MICHAEL GODDARD, OF MICHIGAN RICULTURE FOR PROMOTION WITHIN AND INTO THE SEN- KEELY ZWART KILBURG, OF VIRGINIA ERIN GORDON, OF OHIO IOR FOREIGN SERVICE TO THE CLASSES INDICATED: SCOTT O. KOENIG, OF CALIFORNIA MATTHEW S. GORDON, OF NEW JERSEY CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, DIANA LYNN KRAMER, OF ILLINOIS DILLON MICHAEL GREEN, OF LOUISIANA CLASS OF CAREER MINISTER: LESLIE A. LINNEMEIER, OF VIRGINIA JOHN PATRICK GUERIN, OF VIRGINIA TISHA R. LOEPER-VITI, OF THE DISTRICT OF COLUMBIA KOFI GWIRA, OF NEW JERSEY LLOYD S. HARBERT, OF VIRGINIA CHARLES C. MARTIN, OF KENTUCKY PETER D. HAGGERTY, OF THE DISTRICT OF COLUMBIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, PAUL J. MARTINEK, OF FLORIDA JOHN RICHARD HALL, OF TEXAS CLASS OF COUNSELOR: MCKENZIE A. MILANOWSKI, OF PENNSYLVANIA KATHLEEN E. HANLON, OF THE DISTRICT OF COLUMBIA NICOLE A. NUCELLI, OF VIRGINIA B. CAIN HARRELSON, JR., OF GEORGIA DARYL A. BREHM, OF WISCONSIN ROBERT C. PALMER, OF CALIFORNIA JOHN REGINALD HARRIS, OF VIRGINIA LAUREN ADKINS PERLAZA, OF VIRGINIA LARINA MARIE HELM, OF IDAHO NATIONAL OCEANIC AND ATMOSPHERIC MEGAN MARIE PHANEUF, OF MICHIGAN JOHN POWELL HESFORD, JR., OF VIRGINIA ADMINISTRATION ANTHONY V. PIRNOT, OF NEW YORK EVA E. HOLM, OF WASHINGTON MICHAEL H. QUINN, OF ALASKA AMBROSIA M. HOPKINS, OF VIRGINIA SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE JAMIE WILLIAM RAVETZ, OF PENNSYLVANIA JENNY H. HSU, OF TEXAS FOLLOWING PERMANENT APPOINTMENT TO THE GRADE MIRANDA RINALDI, OF OHIO BRENDAN CREAGH JAMES, OF FLORIDA INDICATED IN THE NATIONAL OCEANIC AND ATMOS- AARON JOHN RUPERT, OF OHIO STEPHANIE ANGELA JENSBY, OF VIRGINIA PHERIC ADMINISTRATION: SARAH HANSEN RUPERT, OF VIRGINIA BRITT JONES, OF FLORIDA To be lieutenant commander ERIK MARTINUS RYAN, OF TEXAS MIN G. KANG, OF VIRGINIA MANJU K. SADARANGANI, OF NEW YORK MICHELLE MARGOT KAYSER, OF VERMONT DENISE J. GRUCCIO

VerDate Mar 15 2010 04:03 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00082 Fmt 4624 Sfmt 9801 E:\CR\FM\A17NO6.030 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE November 17, 2010 CONGRESSIONAL RECORD — SENATE S7995

PAUL W. KEMP COLONEL DENISE T. ROONEY PAUL R. GARDETTO MICHAEL G. LEVINE COLONEL MARK A. RUSSO JEFFREY C. GILLEN JEFFREY D. SHOUP COLONEL ORLANDO SALINAS FRANK A. GLENN HECTOR L. CASANOVA COLONEL BRYAN L. SAUCERMAN DAVID A. HAMMIEL NICOLE M. MANNING COLONEL MICHAEL D. SCHWARTZ JEFFERY A. JOHNSON ERIC T. JOHNSON COLONEL TIMOTHY L. SHEPPARD MICHAEL T. KINDT AMANDA M. HANCOCK COLONEL REX A. SPITLER SUBRINA V. S. LINSCOMB NATASHA R. DAVIS COLONEL DONALD B. TATUM JAMES A. MULLINS JOHN J. LOMNICKY COLONEL JAMES E. TAYLOR KATHERINE S. REARDEN HANS V. RITSCHARD ERICH J. BOHABOY IN THE NAVY LINDSAY R. KURELJA CHRISTOPHER S. ROBINSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH S. ROGERS IN THE ARMY IN THE UNITED STATES NAVY TO THE GRADE INDICATED JILL R. SCHECKEL JOSEPH G. WEAVER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 156: JEROME E. WIZDA TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be rear admiral (lower half) UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CAPT. JAMES W. CRAWFORD III To be brigadier general TO THE GRADE INDICATED IN THE UNITED STATES AIR IN THE AIR FORCE FORCE UNDER TITLE 10, U.S.C., SECTION 624: COL. JEFFREY L. BAILEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR MARTIN D. ADAMSON TO THE GRADE INDICATED IN THE UNITED STATES ARMY FORCE UNDER TITLE 10, U.S.C., SECTION 624: JAMES B. ANDERSON UNDER TITLE 10, U.S.C., SECTION 624: To be colonel MARTIN R. BOOTH To be brigadier general ROBERT E. BORGER JOSEPH T. FETSCH WILLIAM J. BRASWELL COL. CURT A. RAUHUT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIAN K. CLOUSE GARY A. COBURN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR DARREN B. DUNCAN IN THE UNITED STATES ARMY TO THE GRADE INDICATED FORCE UNDER TITLE 10, U.S.C., SECTION 624: ELBERT A. FADALLAN UNDER TITLE 10, U.S.C., SECTIONS 624, 3037, AND 3064: To be lieutenant colonel LANCE K. GIANNONE To be brigadier general, judge advocate SUZANNE M. HENDERSON DAVID B. KRUSE general’s corps MARSHALL E. MACCLELLAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHAWN L. MENCHION COL. FLORA D. DARPINO TO THE GRADE INDICATED IN THE UNITED STATES AIR ROBERT J. MONAGLE FORCE UNDER TITLE 10, U.S.C., SECTION 624: ERIK W. NELSON THE FOLLOWING ARMY NATIONAL GUARD OF THE RONALD R. RAGON UNITED STATES OFFICERS FOR APPOINTMENT IN THE To be colonel STEVEN R. RICHARDSON RESERVE OF THE ARMY TO THE GRADES INDICATED CHARLES R. CORNELISSE JOHN G. SACKETT UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: DONDI E. COSTIN HERBERT C. SHAO To be major general DAVID M. FITZPATRICK JOHN MARION VON ALMEN GERALD D. MCMANUS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIGADIER GENERAL JOSEPH L. CULVER THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- TO THE GRADE INDICATED IN THE UNITED STATES AIR BRIGADIER GENERAL FRANCIS P. GONZALES MENT TO THE GRADES INDICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: BRIGADIER GENERAL DAVID L. HARRIS FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): BRIGADIER GENERAL JAMES R. JOSEPH To be lieutenant colonel BRIGADIER GENERAL JEFF W. MATHIS III To be lieutenant colonel BRIGADIER GENERAL HENRY C. MCCANN WILLIAM J. ANNEXSTAD ENEYA H. MULAGHA BRIGADIER GENERAL STEVEN N. WICKSTROM LAURA S. BARCHICK To be major MICHAEL A. BLACKBURN To be brigadier general CHRISTOPHER A. BROWN RAMONA R. HUNT CHAD C. CARTER COLONEL JAMES A. ADKINS DWIGHT L. JOHNSON MICHAEL JOHN COCO COLONEL DEBORAH A. ASHENHURST JORGE A. LALOMASANCHEZ W. SHANE COHEN COLONEL ELIZABETH D. AUSTIN JOHN M. OHARGAN PAUL R. CONNOLLY COLONEL LINDA C. BODE JENNY P. SPAHR ERIK C. COYNE COLONEL DARLENE M. GOFF CLAUDIA P. ZIMMERMANN PAUL E. CRONIN COLONEL SCOTT A. GRONEWOLD GRADY A. CROOKS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL BRIAN C. HARRIS THOMAS H. DOBBS TO THE GRADE INDICATED IN THE UNITED STATES AIR COLONEL JAMES M. HARRIS JOEL F. ENGLAND FORCE UNDER TITLE 10, U.S.C., SECTION 624: COLONEL SAMUEL L. HENRY GREGORY J. FIKE COLONEL JAY J. HOOPER To be major JIN HWA LEE FRAZIER COLONEL KEITH E. KNOWLTON GLEN L. FUNKHOUSER, JR. COLONEL FRANCIS S. LAUDANO III LENA R. HASKELL REBECCA MINA GAWARAN COLONEL RUSTY L. LINGENFELTER EDWIN N. JUSINO PAULA M. GRANT COLONEL JUDD H. LYONS STEVEN D. KIEFFER KENNETH L. HOBBS COLONEL EUGENE L. MASCOLO GREGORY T. MACDONALD JOHN J. HOPKINS III THOMAS P. MARTIN, JR. COLONEL MICHAEL W. MCHENRY DEBORAH L. HOUCHINS JOSEPH M. PAYNER COLONEL KEVIN L. MCNEELY CONRAD L. HUYGEN JOHN W. ROYAL COLONEL GLEN E. MOORE JENNIFER C. HYZER WILLIAM A. SOBLE COLONEL OLIVER L. NORRELL III DARRIN K. JOHNS COLONEL WILLIAM J. O’NEILL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JUDY L. KING COLONEL VICTOR S. PEREZ TO THE GRADE INDICATED IN THE UNITED STATES AIR CHRISTINE A. LAMONT COLONEL HARVE T. ROMINE FORCE UNDER TITLE 10, U.S.C., SECTION 624: TERESA G. LOVE COLONEL JOANNE F. SHERIDAN JENNIFER A. MACEDA COLONEL PAUL G. SMITH To be lieutenant colonel JAMES J. MARSH COLONEL PETER C. VANAMBURGH TERRENCE J. MCCOLLOM COLONEL KATHY J. WRIGHT DAVID LEWIS BUTTRICK ALAN CHOUEST HEIDI L. OSTERHOUT THE FOLLOWING ARMY NATIONAL GUARD OF THE HENRY E. CLOSE III JEFFREY G. PALOMINO UNITED STATES OFFICERS FOR APPOINTMENT IN THE CALVIN D. DIXON TODD W. PENNINGTON RESERVE OF THE ARMY TO THE GRADES INDICATED CLYDE DYSON JULIE L. PITVOREC UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: THOMAS J. ELBERT, JR. ANDREA K. RFERRULLI RANDALL W. ERWIN DALE A. RIEDEL To be major general RICHARD FITZGERALD JULIE L. RUTHERFORD MICHAEL W. SAFKO BRIGADIER GENERAL RICKY G. ADAMS BRYAN S. HOCHHALTER CHRISTOPHER TAYLOR SMITH BRIGADIER GENERAL BARBARANETTE T. BOLDEN JOHN P. KENYON RONALD L. SPENCER, JR. BRIGADIER GENERAL GLENN H. CURTIS BOYD C. SHORT, JR. JOHN F. TILLERY JUSTIN H. TRUMBO BRIGADIER GENERAL STEPHEN C. DABADIE ROBERT D. WARD MARVIN WARREN TUBBS II BRIGADIER GENERAL JONATHAN E. FARNHAM THEADORE L. WILSON DAVID E. VERCELLONE BRIGADIER GENERAL LEODIS T. JENNINGS STACEY J. VETTER BRIGADIER GENERAL SCOTT W. JOHNSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be brigadier general TO THE GRADE INDICATED IN THE UNITED STATES AIR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FORCE UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES AIR COLONEL DOMINIC D. ARCHIBALD To be colonel FORCE UNDER TITLE 10, U.S.C., SECTION 624: COLONEL ARTHUR G. AUSTIN, JR. To be major COLONEL CRAIG A. BARGFREDE RANDON H. DRAPER COLONEL COURTNEY P. CARR STEVEN DOUGLAS DUBRISKE RYAN J. ALBRECHT COLONEL JOEL D. CUSKER SCOTT T. ECTON JOHANNA A. ASTLE COLONEL PATRICK J. DOLAN NORINE PATRICI FITZSIMMONS CHRISTOPHER JAMES BAKER COLONEL DAVID A. GALLOWAY DEREK IVAN GRIMES BRIAN V. BANAS COLONEL SCOTT F. GEDLING JOHN EUGENE HARTSELL JEFFREY T. BILLER COLONEL KEVIN S. GERDES PATRICIA A. MCHUGH OWEN B. BISHOP COLONEL JUAN L. GRIEGO MARK W. MILAM KELLYANN H. BOEHM COLONEL RALPH H. GROOVER III WILLIAM C. MULDOON, JR. MICHAEL C. BREAKFIELD COLONEL STEPHEN R. HOGAN CHARLES L. PLUMMER CHRISTOPHER S. BROWNWELL COLONEL DANIEL R. HOKANSON MARLESA K. SCOTT KEVIN G. BURKE COLONEL GARY E. HUFFMAN PETER W. TELLER MICHAEL P. CARRUTHERS COLONEL RUTH A. IRWIN JERRY A. VILLARREAL CHRISTOPHER D. CAZARES COLONEL STEPHEN E. JOYCE ANDREW S. WILLIAMS JACQUELYN M. CHRISTILLES COLONEL RICHARD F. KEENE DAVID ANTHONY COGGIN, JR. COLONEL TERRY A. LAMBERT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANTHONY M. DAMIANI COLONEL DANIEL B. LEATHERMAN TO THE GRADE INDICATED IN THE UNITED STATES AIR DANIEL L. DEAN COLONEL ELTON LEWIS FORCE UNDER TITLE 10, U.S.C., SECTION 624: JEREMY D. DEROXAS COLONEL TIMOTHY M. MCKEITHEN To be colonel BRADFORD M. DEVOE COLONEL PAUL J. PENA AARON M. DRAKE COLONEL MATTHEW T. QUINN JANELLE E. COSTA MATTHEW E. DUNHAM

VerDate Mar 15 2010 02:56 Nov 18, 2010 Jkt 099060 PO 00000 Frm 00083 Fmt 4624 Sfmt 9801 E:\CR\FM\A17NO6.033 S17NOPT1 tjames on DSKG8SOYB1PROD with SENATE S7996 CONGRESSIONAL RECORD — SENATE November 17, 2010 CHRISTOPHER A. EASON To be major PENELOPE H. SPEED LOUIS D. ELDREDGE, JR. WILLIAM M. STEINKIRCHNER DARIN C. FAWCETT GARY D. RIGGS JAMES B. STEPHENSON DAVID E. FEITH BRIAN R. TACHIAS NEAL B. FRAZIER THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR RICHARD P. TAKISHITA RICHARD G. FREUDENBERG APPOINTMENT TO THE GRADES INDICATED IN THE RICK W. TAYLOR JOSHUA A. GOINS UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, KURT F. WAGNER LAURA L. HANSEN U.S.C., SECTIONS 531 AND 3064: WANDA J. WALKER ERICA L. HARRIS To be lieutenant colonel TODD R. WELSCH JEREMY H. HARRIS ROBERT O. WILEY CHARLES HASBERRY, JR. JOSEPH C. CARVER MARC S. WILSON JARED N. HAWKINS ROBERT K. YIM ELIZABETH MARIE HERNANDEZ To be major RYAN D. HILTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEBORAH AARON MEGLENA I. HRISTOV TO THE GRADE INDICATED IN THE UNITED STATES ARMY HARRY E. CARTER GEORGE O. IWU UNDER TITLE 10, U.S.C., SECTION 624: SHAROIHA P. K. JAMESON GARY L. PAULSON To be colonel SCOTT C. JANSEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALLAN L. JUNGELS TO THE GRADE INDICATED IN THE UNITED STATES ARMY MARY E. ABRAMS PETER SEAN KEZAR AS UNDER TITLE 10, U.S.C., SECTION 624: ALFRED F. ABRAMSON III STEVEN G. KOESTER SKIP ADAMS PHILLIP T. KORMAN To be major STEVEN L. ALLEN JOSEPH J. KUBLER DELMAR G. ANDERSON RHEA ANN LAGANO JOHN E. JOHNSON II JOE E. ARNOLD, JR. ROBERT E. BACKMAN ERIN T. X. LAI THE FOLLOWING NAMED OFFICER FOR REGULAR AP- WILLIAM J. BAILEY BRETT A. LANDRY POINTMENT IN THE GRADE INDICATED IN THE UNITED DUSTIN C. LANE MICHAEL T. BARKETT STATES JUDGE ADVOCATE GENERAL’S CORPS UNDER LARISSA N. LANIGAR ROBERT L. BARNES, JR. TITLE 10, U.S.C., SECTIONS 531 AND 3064: JAMES R. LISHER II SAMUEL C. BLANTON III RICHARD W. LITTLEFIELD To be lieutenant colonel TIMOTHY J. BOEMECKE DANIEL C. MAMBER ROBERT D. BREM WESLEY E. MCCONNELL ANDREW S. DREIER ANTONIO BROWN SHAYLA L. MCNEILL HAROLD A. BUHL, JR. THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- SHELLY STOKES MCNULTY JAMES D. BURDICK POINTMENT IN THE GRADES INDICATED IN THE UNITED GLEN R. MILLER JAMES K. CHOUNG STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: JULIA J. MUEDEKING CHARLES COBBS III NICOLE M. NAVIN To be lieutenant colonel RAYMOND K. COMPTON NINA R. PADALINO JOHN P. CONWAY KYLE A. PAYNE KEVIN D. ELLSON JOSEPH R. CORLETO GABRIEL DAVIS PEDRICK DENNIS V. CRUMLEY KARIN B. PEELING To be major ROBERT W. CURRAN JENNIFER E. POWELL BRETT A. AYVAZIAN PATRICK J. DAILEY MICHAEL T. RAKOWSKI KEIDA L. MASSEY-MURRAY KIMBERLY J. DAUB JAMES M. REED JULIE A. MAXWELL GERALD R. DAVIS, JR. AMANDA SEIDEL ROCKERS STEVEN J. OLSON JENNY W. DAVIS DEREK A. ROWE CHARLES P. DEASE RENEE DIANE SALZMANN THE FOLLOWING NAMED ARMY NATIONAL GUARD OF JAMES P. DELANEY HEATHER L. SCHERBA THE UNITED STATES OFFICERS FOR APPOINTMENT TO SHEILA C. DENHAM DANIEL E. SCHOENI THE GRADE INDICATED IN THE RESERVE OF THE ARMY JOSEPH P. DUPONT JACOB S. SIMPSON UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: DAVID C. DUSTERHOFF LANCE R. SMITH To be colonel RICHARD A. ELLIS LEAH M. SPRECHER MATTHEW J. FERGUSON ROBERT D. STUART PHILLIP R. GLICK HEATHER L. GARRETT MATTHEW D. TALCOTT RAY D. KELLEY HOLLY A. GAY CHRISTOPHER CARL THOMPSON CHARLES D. LAWHORN ELUYN GINES MICHAEL L. TOOMER PAUL D. MCALLISTER GORDON L. GRAHAM DANIEL P. TULL RONALD N. MCKAY DAVID W. GRAUEL GRANT TIMOTHY WAHLQUIST FRANK M. RICE PETER M. HAAS JOHN B. WARNOCK KENNETH G. ROSADO DWAYNE A. HARRIS PILAR G. WENNRICH SCOTT A. STSAUVER JOE L. HART, JR. BRIAN A. YOUNG WILLIAM G. SUVER ROBERT L. HATCHER, JR. GABRIEL MATTHEW YOUNG DAVID A. HATER IN THE ARMY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RANDOLPH G. HAUFE TO THE GRADE INDICATED IN THE RESERVE OF THE TIMOTHY J. HOLTAN THE FOLLOWING NAMED INDIVIDUAL TO THE GRADE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: KENNETH R. HOOK INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE To be colonel TERRENCE L. HOWARD 10, U.S.C., SECTION 12203: TONIE D. JACKSON, SR. To be colonel KEVIN ACOSTA JAYNE V. JANSEN BJORN E. ANDERSON JENNIFER L. JENSEN ROBERT C. DORMAN BRYAN L. BAIN CURTIS A. JOHNSON JONATHAN D. BEARD JOHN W. JONES THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR PATRICK BOND DAVID M. KACZMARSKI APPOINTMENT TO THE GRADE INDICATED IN THE PATRICK O. BRILEY JAMES E. KAZMIERCZAK UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, JAMES E. CLEMONTS, JR. MARK B. KELLY U.S.C., SECTIONS 531 AND 3064: PAUL B. CONNOR JAMES L. KENNEDY, JR. To be major GARY H. DAVIS ROBERT E. KING RICHARD L. DUBREUIL LEONA C. KNIGHT DAVID A. NIEMIEC PETER H. EVANS GREGORY W. KOLLER THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR STEWART R. FEARON WILLIAM M. KRAHLING APPOINTMENT TO THE GRADE INDICATED IN THE KENNETH J. FIELDS JOHN D. KUENZLI UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, EDELMIRO FONSECA JOSEPH E. LADNER U.S.C., SECTIONS 531 AND 3064: JEFFREY C. GARROTT ROBERT J. LEHMAN JIMMY E. HALL THEODORE M. LENNON To be major QUINCY V. HANDY VINCENT F. MALONE II ROBERT D. HARTER JOHN C. MATTHEWS WILLIAM L. VANASSE JOHN B. HASHEM KEVIN M. MCKENNA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES M. HEARLEY SEAN P. MCKENNEY TO THE GRADE INDICATED IN THE UNITED STATES ARMY MONA R. HENRYBENNETT BRUCE B. MCPEAK AS UNDER TITLE 10, U.S.C., SECTION 624: ANNIE JACKSON MANUEL C. MENO, JR. ROY M. JEWELL STEPHEN T. MILTON To be major GARY E. KAYSER JAMES S. MOORE, JR. GEORGE A. CARPENTER KENNETH E. KOPS ROBERT F. MORTLOCK HUBERT H. KWON BERNARD L. MOXLEY, JR. THE FOLLOWING OFFICER FOR REGULAR APPOINT- ROBERT W. LEVALLEY MARTY L. MUCHOW MENT IN THE GRADE INDICATED IN THE UNITED STATES ROGER LINTZ THOMAS P. MURPHY ARMY JUDGE ADVOCATE GENERAL’S CORPS UNDER WARD E. LITZENBERG MICHAEL P. NAUGHTON TITLE 10, U.S.C., SECTIONS 531 AND 3064: DENISE L. LORING CHARLES E. NEWBEGIN RANELLE A. MANAOIS MICHAEL W. NEWELL To be major ANGELA S. MCCARGO GERALD NIXON SUSAN A. CASTORINA SHERRY MCCLOUD KYLE P. NORDMEYER GORDON T. MCMILLAN BENJAMIN M. NUTT THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR PHILLIP T. MICKLES ANGELA M. ODOM APPOINTMENT TO THE GRADE INDICATED IN THE SEAN F. MULCAHEY MARK A. PAGET UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, STEVEN W. NOTT BRIAN A. PATTERSON U.S.C., SECTIONS 531 AND 3064: BARBARA L. OWENS WILLIAM C. RAMSEY To be major MICHAEL J. PAPPAS SCOTT J. RAUER ERNEST T. PARKER MATTHEW D. REDDING THERESA C. COWGER ROBERT J. RICHTMYRE ERIC T. REINKOBER MARIE N. WRIGHT ALBERTO RIVERA JON K. RICKEY JOSEPH K. ROBERTS JAMES S. ROMERO THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR ADAM S. ROTH JAMES A. RUPKALVIS APPOINTMENT TO THE GRADES INDICATED IN THE JEFFREY C. SCHMIDTMAN SAMUEL L. RUSSELL UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, VIRVITINE SHARPE THOMAS J. SEELIG U.S.C., SECTIONS 531 AND 3064: PAUL G. SHELTON THOMAS W. SEIFERT To be lieutenant colonel VINCENT T. SIMMONS MARK C. SHADE RHONDA D. SMILLIE EUGENE SHEARER PAULA S. OLIVER BRIAN N. SMITH SETH L. SHERWOOD

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JOHN P. SILVERSTEIN STEWART W. LILES CARLA H. DECKER SARA V. SIMMONS HOWARD Y. LIM ENRIQUE M. DELAPAZ MICHAEL E. SLOANE NORMAN P. LITTERINI TOMAS DELEON SPENCER L. SMITH ARTUR M. LOUREIRO ROBERT A. DERMANN NANCY SPENCER CHRIS L. LUKASEVICH DAMIAN T. DONAHOE GEOFFREY D. STEVENS KRISTIAN M. MARKS LEONARD H. DYER, JR. DOUGLAS F. STITT STEVEN M. MARROCCO DWAYNE P. ECKMAN TIMOTHY J. STRANGE BRIAN R. MCCULLOUGH JEFFERY R. EDGE KEITH J. SYLVIA CHAD A. MCGOUGAN BARBARA J. ELMER MICHAEL J. THURSTON RYAN P. MCMULLEN TONY L. FERGUSON JAMES H. UTLEY II DANIEL C. MILLER EARL W. FLANAGAN GORDON T. WALLACE RALPH E. MILLER KENNETH J. FORAND KENNETH D. WATSON BRADLEY K. MITCHELL CARL L. FRANKS, JR. DARREN L. WERNER JONATHON R. MOELTER EMMA A. FRISTOE BRADLEY A. WHITE RICHARD M. MONNARD TIMOTHY G. GARDNER INES N. WHITE ARMIDA MONTEMAYOR DOMENICK A. GARZONE ANTHONY K. WHITSON DANIEL L. MORRIS TIMOTHY A. GLYNN DERRIN E. WILLIAMS JOHN C. NELSON ANTONIO R. GONZALEZ DAVID WILSON SUZANNE C. NIELSEN MICHAEL R. GONZALEZ ALAN D. WOODARD SHAWN M. NILIUS EUGENE T. GORMLEY MICHAEL A. WRIGHT MAUREEN J. OCONNOR ROMMEL A. GUERRERO WILLIAM R. WYGAL DOUGLAS J. ORSI SANTOS GUZMAN MARTIN A. ZYBURA TROY D. OTTO THOMAS E. HAIDET D010093 DONOVAN D. PHILLIPS ANTHONY L. HALL D001470 DIRK E. PLANTE DARCIE D. HANDT D002043 BENNIE J. POKEMIRE JAMES B. HARDY EDWARD T. POWERS GREGORY H. HARGETT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EDWARD C. PREM JOE D. HARGETT TO THE GRADE INDICATED IN THE UNITED STATES ARMY CHRISTOPHER N. PRIGGE ROBERT A. HEDGEPETH UNDER TITLE 10, U.S.C., SECTION 624: KENNETH A. RECTOR DONNA J. HENDERSON To be colonel LARRY J. REDMON ALBERTO M. HIGUERA STEVEN D. REHN MICHAEL HOGUE TIMOTHY P. ALBERS BRETT E. REISTER RANDALL F. HOLBROOK PATRICK S. ANDERSON CHARLES C. RIMBEY RUSSELL W. HOWE LYNETTE M. ARNHART GLORIA A. RINCON ROBERT M. HOWLAND CHRISTOPHER D. BAKER RENE R. RODRIGUEZ JONATHAN S. HUBBARD ROBERT S. BARKER PAUL H. ROSS MARVIN T. HUNT JOHN C. BASKERVILLE JOSEPH F. ROYBAL DANIEL J. IVERSON KIRKLIN J. BATEMAN TODD C. RUNYON KELLY S. JACKSON JONATHAN R. BATTLE THOMAS G. RYAN RUFUS D. JARRIEL CARLOS G. BERRIOS MARK A. SCHREIBER AARON C. JOHNSON SHELLEY A. BERRYHODNE RICHARD A. SCHUENEMAN ANTHONY W. JOHNSON MARIA A. BIANK MATTHEW B. SCHWAB JEFFREY P. JOHNSON JAMES P. BIENLIEN LISA A. SHAY JOHN M. JOHNSTON RALPH T. BLACKBURN DANIEL M. SHRIMPTON DAVID L. JONES EDWARD M. BONFOEY III EUGENE SIMON PAUL T. KASTNER JOHN E. BOX ALICIA G. SMITH CLARENCE S. KELLY, JR. STEVEN D. BRETON PHILIP W. STANLEY DAVID R. KELLY DARIN L. BROCKINGTON CLAIRE E. STEELE JOHN T. KELLY GREGORY J. BROECKER MICHAEL P. STONEHAM PETER Y. KIM MICHAEL I. BROWNFIELD MICHAEL D. STROZIER STEVEN T. KING JAMES J. BRUHA FERN O. SUMPTER JAMES S. KLAUBER SUSAN F. BRYANT JONATHAN E. SWEET STEVEN K. KNUTZEN JENNIFER G. BUCKNER WILEY C. THOMPSON WILLIE A. KYLES JOHN J. BURBANK DAVID C. TRYBULA HALDANE B. LAMBERTON ANTHONY P. BURGESS JOHN C. ULRICH PAUL M. LANDRY BICHSON BUSH LAURA R. VARHOLA DONALD P. LAUCIRICA LEO P. BUZZERIO PAUL R. WALTER JAVIER LAZARO BRYAN K. CHAPMAN CHRISTOPHER P. WATKINS FREDERICK A. LEINWEBER JAY K. CHAPMAN CHARLES J. WATSON JANE M. LENGEL JAMES F. CHAPPLE ANDREW J. WEATE GEORGE A. LEONE JOHN A. CONWAY THOMAS M. WEAVER STEVEN A. LEWIS PAUL J. COOK PAUL L. WEBBER DEANNE E. LINS RICARDO CRISTOBAL WILBURN C. WILLIAMS, JR. ANITA E. LONG BENJAMIN D. CROCKETT GEORGE D. WINGFIELD ROBERT A. MAGNANINI PHILLIP R. CUCCIA WILLIAM T. WINKLBAUER MITCHELL G. MALONE PATRICK L. DANIEL, JR. GREGORY S. WINSTON FREDERICK J. MARLAR CHARLES E. DAVIS WADE S. YAMADA RICHARD P. MARTIN DAVID W. DETATA DANIEL E. ZALEWSKI CARLOS R. MARTINEZ DAVID W. DINGER DARRELL H. ZEMITIS MICHAEL G. MARTINEZ JAMES A. DONNELLY G001330 KENNETH L. MCCREARY MICHAEL E. DONNELLY G001187 JAMES P. MCFADDEN JOSEPH J. DWORACZYK BERNARD H. MCLAUGHLIN, JR. GRANT EDWARDS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID R. MEAKINS MARK B. ELFENDAHL TO THE GRADE INDICATED IN THE RESERVE OF THE FRANTZ MICHEL STEPHEN A. ELLE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THOMAS J. MILLER KRISTIN A. ELLIS To be colonel PAMELA P. MOODY NELSON L. EMMONS, JR. CHARLES W. MOORE JOSE A. ESPINOSA ELLEN J. ABBOTT MARILYN A. MOORES DERRICK B. FARMER MAHER M. ABED MARYBET MORCIGLIO WADE A. FOOTE WILLIAM R. ALDRIDGE ADRIAN M. NAGEL PETER C. FOWLER MYLES E. ALTIMUS MARTY R. NICHOLS ALFRED E. FRANCIS DUNCAN D. AUKLAND JAMES S. NIUMATALOLO PAUL H. FREDENBURGH TOMMY H. BAKER JAMES A. NORTH MICHAEL G. FREIBURGER JAMES A. BELASKI MICHAEL H. NOYES NORMAN H. FUSS III EMMANUEL BELT PATRICK J. NUGENT BRYANT D. GLANDO RAYMOND M. BILY, JR. ROBERT K. OCONNOR JOHN C. GOETZ II PAUL N. BIRD, JR. BRIAN C. OLSON JOHN M. GRAHAM, JR. ANDREW T. BLAIR VINCENT D. ONEILL JOHN G. GREAVES SCOTT J. BOESPFLUG GERVASIO ORTIZLOPEZ CHARLES E. GRINDLE JOSE R. BORIACRUZ HOLLY A. OTTESEN LEE K. GRUBBS DAVID J. BRADY JOAQUIN S. PANGELINAN TERRY A. GUILD STEVEN A. BRAGORGOS ANDREW C. PAVORD ANTHONY R. HALE TIMOTHY D. BRANDT MARK W. PETERSEN JOSEPH G. HALISKY JEFFERY L. BROWN MICHAEL S. PIAZZONI PATRICK D. HALL TODD D. BROWN GREGORY A. PICKELL JOSEPH P. HANUS WILLIAM K. BROWN MARK A. PITERSKI WILLIAM T. HARMON CHARLES B. BUNTIN KEVIN L. PLAGMAN HUGHIE B. HARRIS JOHN H. BURKE RICHARD P. POOLE JOHN M. HAYNICZ CHRISTOPHER M. BURNS MARK A. PRESTON CHRISTOPHER V. HERNDON JOHN H. CAMPBELL TERRY C. QUIST MARK A. HINDS JOHN K. CAPELLO GEORGE M. RAND DAVID HUDAK RITA B. CASEY FRANCIS T. RILEY PETER S. IM DANIEL R. CATON JOSE A. RIVERAHERNAIZ JEROME W. JACKSON III RONALD G. CHEW CLARK R. ROBERTS GREGORY M. JAKSEC GARY T. CHRISTIANSON CHARLYNN V. SAGUID JOHN R. JONES ROBERT J. CHURCH GREGORY S. SALISBURY WILLIAM D. JONES III ALBERT J. COLE FRANK A. SANTORE, JR. MARK M. KARAS EDAM N. COLON VERNON L. SCARBROUGH, JR. TODD E. KEY IRIS D. COLONRIVERA DAVID A. SCHALL DAVID T. KIM FRANK A. CORNELIO RANDALL J. SCOTT JOHN S. KIM WILLIAM S. CROSSEN SHARON S. SCOTTI ROBERT S. KIMBROUGH ROBERT J. DAMBRINO III TIMOTHY J. SENECAUT MARK E. KJORNESS SAMUEL J. DARWIN JOHN F. SHEARD HEINO KLINCK JOHN M. DAVIS BRIAN E. SHERIDAN ERNEST C. LEE STEVEN A. DAVIS SHARON R. SIMS LELAND A. LIEBE GREGORY V. DEBERNARD JAMES L. SISSON

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DAVID A. SKALICKY TIMOTHY P. HEALY BENJAMIN O. SOLUM WILLIAM B. SMITH, JR. TAMMY A. HEATH KELLY C. SPILLANE MATTHEW O. SNYDER SCOTT W. HEINTZELMAN RICHARD D. SPRINGETT JEFF D. SORACCO KEVIN D. HENDRICKS JOHN P. STACK, JR. SPYROS L. SPANOS MATTHEW S. HERGENROEDER THOMAS H. STAUSS MATTHEW P. SPRENGER DARYLE J. HERNANDEZ ROBERT T. STEIN JEFFREY T. SQUIRES KEVIN C. HICKS DONALD P. TAYLOR, JR. MICHAEL A. STACEY JAMES M. HIGGINS MICHAEL T. TETU DOUGLAS E. STALL STEVEN L. HITE RICHARD THEWES, JR. ANDREW M. STEWART HORACE C. HODGES MICHAEL R. THOMAS STEVEN E. STIVERS DIANA M. HOLLAND TOMMY G. THOMPSON RONALD E. STRAHLE CLAUDE E. HOUSE PAUL D. TOUCHETTE DREW P. SULLINS MIGUEL D. HOWE MICHAEL F. TRONOLONE, JR. STEPHEN G. SWEET DANIEL S. HURLBUT KEVIN A. VIZZARRI TIMOTHY J. SYMONDS HEYWARD G. HUTSON JOHN G. VOORHEES, JR. ROBERT A. TAMPLET PATRICK J. HYNES DONALD L. WALKER JOHN B. TANNEHILL TERRY A. IVESTER GLENN A. WATERS JOHN F. TAYLOR, JR. MARK A. JACKSON DALE E. WATSON DEREK J. TOLMAN BRETT C. JENKINSON TIMOTHY F. WATSON MARK A. TOLZMANN GREGORY R. JICHA ARTHUR G. WEEKS MARK A. VANDYKE CHRISTOPHER B. JOHNSON DEAN M. WEILER COURTNEY B. VARESLUM OMAR J. JONES IV JOHN C. WHITE NELSON R. VELEZ ROBERT A. JONES SAMUEL E. WHITEHURST TIMOTHY K. WALKER JOSEPH R. JORDAN ROBERT F. WHITTLE, JR. DALE T. WALTMAN MATTHEW G. KARRES RICHARD A. WILSON ALMA E. WATKINS CHRISTIAN M. KARSNER WILLIAM S. WOZNIAK RAYMOND V. WATTS NICHOLAS W. KATERS DARRON L. WRIGHT DAVID B. WEISNICHT VALERY C. KEAVENY, JR. PAUL L. YINGLING BILL G. WELCHER TIMOTHY F. KEHOE LOUIS A. ZEISMAN RICKEY L. WEST ROBERT L. KELLEY, JR. D001776 LARRY A. WHEELER DANIEL J. KING D001129 GALEN D. WHITE MARK S. KNERAM D010582 MYLES T. WILLIAMS GARY M. KOLB D004397 JOHN T. WILTSE TROY D. KRINGS D002934 MICHAEL E. WINKLER CHRISTIAN T. KUBIK D005048 GLENN C. WIRTH KIMBERLY S. KUHN D001821 DAVID E. WOOD JOHN R. LAKSO MICHAEL W. YOUNG JOHN K. LANGE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRUCE E. LEAHY TO THE GRADE INDICATED IN THE RESERVE OF THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KYLE E. LEAR ARMY UNDER TITLE 10, U.S.C, SECTION 12203: TO THE GRADE INDICATED IN THE UNITED STATES ARMY SIOBAN J. LEDWITH To be colonel UNDER TITLE 10, U.S.C., SECTION 624: DAVID A. LESPERANCE To be colonel CHRISTOPHER LESTOCHI JOHN W. AARSEN JOHN F. LIGHTNER CAROLINE L. ABSHIER JOHN C. ALLRED BERNARD R. LINDSTROM HOLTORF R. ALONSO SCOTT R. ALPETER LAURENCE C. LOBDELL THOMAS M. ANDREJCAK EDWARD J. AMATO MICHAEL R. LWIN RICHARD H. ANTONISSE JEFFERY A. ANDERSON ROBERT W. LYONS TREVOR A. AUSTIN MATTHEW R. ANDERSON THOMAS H. MACKEY RONALD A. BACON QUINTON J. ARNOLD MICHAEL J. MAMMAY HENRY J. BANKER ROBERT L. BAILES JAMES C. MARKERT MICHAEL J. BARCOMB HUGH D. BAIR DAVID A. MARKOWSKI VINCENT B. BARKER GREGORY BENDEWALD THOMAS S. MATSEL DAVID M. BARNETT WILLIAM E. BENSON BENJAMIN M. MATTHEWS DAVID C. BARRETT NICHOLAS O. BERNHARDT JIMMY L. MCCONICO DALE H. BARTLETT MARK D. BIEGER BERRIEN T. MCCUTCHEN, JR. RODNEY S. BERRY JOHN E. BIRCHER IV GEORGE R. MCDONALD RUSSELL H. BITTLE, JR. CAROLYN S. BIRCHFIELD JOSEPH S. MCLAMB JAMES A. BLANKENHORN JIMMY F. BLACKMON RONALD W. MCNAMARA GLENN L. BLONDIN SCOTT R. BLEICHWEHL WILLIAM E. MCRAE ROBERT S. BOBINSKI SHANNON L. BOEHM CORY A. MENDENHALL TIMOTHY P. BOBROSKI JOHN V. BOGDAN ROBERT L. MENTI BARRY C. BORT DOUGLAS A. BOLTUC GENE D. MEREDITH KATHLEEN S. BURR JEFFERY D. BROADWATER JAMES D. MILLER OTTO A. BUSHER III WILLIAM T. BROOKS MARK A. MILLER DONALD W. CANADAY JAMES A. BRYANT MATTHEW C. MINGUS SEAN J. CANNON TIMOTHY W. BUSH STEVEN M. MISKA JOHN C. CASE THOMAS H. BYRD KEVIN J. MOFFETT DAUPHIN V. CHILDS III MATTHEW R. CARRAN RICARDO O. MORALES DAVID L. CHURCH KENNETH R. CASEY MICHAEL T. MORRISSEY ARLEEN A. COATES DAVID L. CHASE SEAN F. MULLEN KAREN L. COCCIO PATRICK A. CLARK DAVID L. MUSGRAVE JEFFREY C. COGGIN DAVID R. CLONTS ANDREW C. MUTTER ALFONSO COLBOURNE DARIN S. CONKRIGHT JONATHAN T. NEUMANN JOE L. COMBS, JR. TERRY P. COOK FREDERICK M. ODONNELL ROBERT S. CONFORTO REGINALD W. COTTON PAUL B. OLSEN PETER L. CONNELLY CLEMENT S. COWARD, JR. THOMAS W. OSTEEN MICHAEL A. COOK CHARLES J. DALCOURT, JR. PAUL E. OWEN IVAN CORNIELLE MICHAEL N. DAVEY RICHARD P. PANNELL CARY M. COSTA FRANCIS J. DAVIDSON STEVEN L. PARKER DAVID A. COZZIE JOSEPH D. DAVIDSON LEON F. PARROTT JERRY L. CRANDALL THOMAS A. DAVIS DENNIS N. PASTORE QUENTIN K. CRANK BRANDT H. DECK MICHAEL S. PATTON WILLIAM Y. CRAVEN CHRISTOPHER DELAROSA LARRY D. PERINO OSCAR K. CREASY II ANTHONY G. DEMARTINO SCOTT A. PETERSEN JAMES H. CROSBY MARK J. DESCHENES JOHN P. PETKOSEK THOMAS C. CROSS MARIO A. DIAZ SALVATORE J. PETROVIA FRANCIS J. CURTIS, JR. ANTHONY C. DILL GEORGE S. PITT MARK E. CUTTLE ROBERT N. DILLON BILLINGSLEY G. POGUE III TIMOTHY S. DAMICO ALAN M. DODD JOHN S. PRAIRIE MARIO DAVILA, JR. IGNATIUS M. DOLATA, JR. LOUIS B. RAGO II SCOTT J. DAVIS JOHN F. DUNLEAVY MITCHELL L. RAMBIN ANTHONY H. DEMOLINA MICHAEL R. EASTMAN JAMES F. RECKARD III JAY A. DESCAMPS MATTHEW G. ELLEDGE JOHN W. REYNOLDS II DEAN A. DISIBIO NATHANIEL W. FARMER JOHN B. RICHARDSON IV PAUL G. DIXON DAVID S. FLECKENSTEIN WARLINE S. RICHARDSON CHRISTOPHER C. DOLT MICHAEL J. FORSYTH WILLIAM S. RIGGS GEORGE A. DOMS ROBERT A. FORTE PATRICK B. ROBERSON SYLVIA A. DRAYTON MICHAEL L. FOSTER GARY A. ROSENBERG JOHN M. DUGUAY DAVID J. FRANCIS DEREK R. ROUNTREE RICHARD S. DUKES GEORGE L. FREDRICK DAVID J. RUDE KIMO J. DUNN MICHAEL P. GABEL WALTER T. RUGEN JOSEPH P. EBERT JESSE D. GALVAN DAVID E. SALTER RAYMOND K. ELDERD III CHRISTOPHER C. GARVER JEFFREY M. SANBORN ANTHONY J. ESCOTT WILLIAM A. GEIGER FRANK N. SANDERS WILLIAM E. EVANS GEORGE A. GLAZE GEORGE H. SARABIA INGA S. EWING STUART P. GOLDSMITH PAUL S. SARAT, JR. JOHN D. FARON STEPHEN J. GREEN ERIC E. SCHWEGLER JOSEPH R. FAUCETT RICHARD G. GREENE, JR. JOHN M. SCOTT RICHARD A. FAULKNER, JR. JOHN H. GREENMYER III TORY L. SCOTT KIRK M. FERNITZ KEVIN F. GREGORY BURTON K. SHIELDS OTTO C. FIALA JOHN P. GRIMES MICHAEL S. SHROUT MELVIN FLEMING ERIC D. HANDY JOHN W. SILKMAN MICHAEL A. FOLEY ROBERT M. HANLEY MICHAEL D. SIMLEY JAMES C. FREEMAN RANDALL L. HARRIS DENNIS C. SMITH JOHN P. FRYE KENNETH A. HAWLEY KENT B. SOEBBING MARC A. GARCIA RANDALL I. HAWS MARK W. SOLOMON RONALD J. GAUSE

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SCOTT D. GEMELING DARYL W. PING SCOTT G. PERRY ROBERT A. GOLEY MICHAEL F. PODRATSKY CHRISTIAN F. REES PETER W. GOODRICH CHRISTOPHER D. POKORNY LOUIS W. WILHAM NATHAN GORN JAY R. POPEJOY MARY E. GRAF SHAWN D. POWELL IN THE NAVY LEELA J. GRAY TIMOTHY S. PRESLEY THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- EDITH M. GREENE MARY K. PROPHIT MENT TO THE GRADE INDICATED IN THE UNITED STATES ENRIQUE M. GUERRA PATRICK D. QUENGA NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: STEPHEN J. HAGER JORGE QUINONES CHARLES D. HALE DOUGLAS J. QUIVEY To be captain DARWIN R. HALE, JR. JAMES E. RAMSEY DWIGHT A. HALL WILLIAM J. REILLY FREDERICK G. PANICO JOHN E. HALVORSON BERNARD C. REINWALD, JR. THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- JOHN H. HAMLETTE III WILLIAM RENALDO MENT TO THE GRADES INDICATED IN THE REGULAR DAVID M. HAMMONS DIANE P. RICHIE NAVY UNDER TITLE 10, U.S.C., SECTION 531: ALVIN M. HARRIS JANET E. RILEY MOLLY R. HARRIS LUIS A. RIOS To be captain WILLIAM T. HARRIS NORMA E. RIVERA SAMUEL C. HARTWELL WILLIAM L. ROBERTS III DANIEL J. TRAUB TERI A. HASSELL CULEN K. ROBINSON To be commander GLENWOOD A. HENCE JONATHAN ROBINSON KRISTAN L. HERICKS MOLINEAUX ROBINSON BRADLEY G. OLSEN PAUL F. HICKS, JR. STEPHANIE A. ROGERS FRANK E. HIMSL DEAN J. RONDEAU To be lieutenant commander STEVEN C. HOLCOMB KARL E. ROSBOROUGH WAYNE M. BURR ALPHONSO HOLT PAUL C. ROSSER, JR. RANDALL L. HORTON SEWAPHORN K. ROVIRA THE JUDICIARY DOUGLAS L. HOWELL DOUGLAS H. RUDD DAVID S. HOWEY RODNEY A. RUSSO CATHY BISSOON, OF PENNSYLVANIA, TO BE UNITED ERIK E. IMAJO STEPHEN M. RUTNER STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT WILTON C. JACKSON ROBERT A. RYAN OF PENNSYLVANIA, VICE THOMAS M. HARDIMAN, ELE- EDDIE C. JACOBSEN GREGORY W. SACKMAN VATED. THOMAS K. JARVIS HAROLD L. SAMS VINCENT L. BRICCETTI, OF NEW YORK, TO BE UNITED WILLIAM J. JEFFERSON JAMES A. SAMS STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT CARL D. JOHNSON BERNARD SAMUEL, JR. OF NEW YORK, VICE KIMBA M. WOOD, RETIRED. CHARLES E. JOHNSON MICHAEL J. SCANTLING ROY BALE DALTON, JR., OF FLORIDA, TO BE UNITED CRAIG M. JOHNSON LISA A. SCHIEFERSTEIN STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF ERIC M. JOHNSON THOMAS R. SCHOTT FLORIDA, VICE HENRY LEE ADAMS, JR., RETIRED. PAULA Z. JONES DAVID A. SCHROEDER SARA LYNN DARROW, OF ILLINOIS, TO BE UNITED JEFFREY W. JURASEK KARL A. SCHWARTZ STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT ANDREW R. KEIRN GORDON A. SCOTT OF ILLINOIS, VICE JOE B. MCDADE, RETIRED. JAMES J. KELLY GARRETT V. SCOTTMILLER JOHN A. KRONSTADT, OF CALIFORNIA, TO BE UNITED RICHARD D. KILLIAN ANTHONY P. SCOTTO STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT KI H. KIM LAUREEN G. SENDELGRANT OF CALIFORNIA, VICE FLORENCE-MARIE COOPER, DE- KENNETH E. KING JANET A. SEUFERT CEASED. NICHOLAS E. KRUPA TEDDY T. SHELTON KEVIN HUNTER SHARP, OF TENNESSEE, TO BE UNITED STEVEN E. KUKLIN GEOFFREY S. SHURE STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF JEFFREY J. KWIECINSKI KATHRYN A. SIVERLING TENNESSEE, VICE ROBERT L. ECHOLS, RETIRED. HAROLD H. KWON CURT N. SLICK DEPARTMENT OF JUSTICE GREGORY A. LAEMMRICH LARRY H. SMITH LUCINDA H. LANE GEORGE S. SOLOMON S. AMANDA MARSHALL, OF OREGON, TO BE UNITED JAMES P. LAVERY PERRY N. SOSA STATES ATTORNEY FOR THE DISTRICT OF OREGON FOR JOHN P. LAWLOR PABLO SOTORIVERA THE TERM OF FOUR YEARS, VICE KARIN J. IMMERGUT, MARY M. LEE CAMMIE L. SPENCE TERM EXPIRED. MARY L. LEMASTERS ALAN K. STEMPEL ESTEBAN SOTO III, OF MARYLAND, TO BE UNITED STUART K. LHOMMEDIEU MARK S. STEVENS STATES MARSHAL FOR THE SUPERIOR COURT OF THE MARIO LIJOI THOMAS G. STICKNEY DISTRICT OF COLUMBIA FOR THE TERM OF FOUR YEARS, TERRY K. LINDSEY CHRISTOPHER W. STOCKEL VICE STEPHEN THOMAS CONBOY, RESIGNED. DAVID W. LING KEVIN M. SULLIVAN EDWIN DONOVAN SLOANE, OF MARYLAND, TO BE CHARLES T. LINVILLE SCOTT R. SWANSON UNITED STATES MARSHAL FOR THE DISTRICT OF CO- JOHN T. LISTERMANN STEVEN N. THOMAS LUMBIA FOR THE TERM OF FOUR YEARS, VICE GEORGE LOUIS F. LONG III GREGORY I. THOMPSON BREFFNI WALSH, TERM EXPIRED. RAYMOND F. LOO JOHN A. THOMPSON JOSEPH CAMPBELL MOORE, OF WYOMING, TO BE DANNY E. LOVELADY HUNTER W. THRASHER UNITED STATES MARSHAL FOR THE DISTRICT OF WYO- PROFIT LUCY CHRISTOPHER H. TILLEY MING FOR THE TERM OF FOUR YEARS, VICE JAMES AN- STEVEN S. LYONS LUIS E. TORRES THONY ROSE, TERM EXPIRED. DOUGLAS R. MACMILLAN JANET E. TOWNLEY RUSSEL EDWIN BURGER, OF OREGON, TO BE UNITED DANILO C. MAGPANTAY TERESA A. TOWNSEND STATES MARSHAL FOR THE DISTRICT OF OREGON FOR PETER W. MALIK CAMERONE L. TRENT THE TERM OF FOUR YEARS, VICE DENNIS CLUFF MER- LOLA M. MANN STEFANOS G. VENABLE RILL, TERM EXPIRED. NICK MASTROVITO CHRISTINE L. VUSKALNS CHARLES EDWARD ANDREWS, OF ALABAMA, TO BE DAVID B. MATTHEW JASON L. WALRATH UNITED STATES MARSHAL FOR THE SOUTHERN DIS- PHILIP A. MAULDIN BENNY H. WALTERS TRICT OF ALABAMA FOR THE TERM OF FOUR YEARS, DAVID A. MCCRACKEN JON R. WALTERS, JR. VICE WILLIAM SMITH TAYLOR, TERM EXPIRED. KATHLEEN A. MCDONNELL CHRISTOPHER L. WARNER DARRELL JAMES BELL, OF MONTANA, TO BE UNITED JOHN F. MCFASSEL STEPHEN H. WARNOCK STATES MARSHAL FOR THE DISTRICT OF MONTANA FOR ROBERT W. MCKENRICK RUSSELL H. WEBB THE TERM OF FOUR YEARS, VICE DWIGHT MACKAY, REGINALD L. MCKENZIE THOMAS P. WEIKERT TERM EXPIRED. DAVID J. MENEGON GREGG L. WESTERBERG WILLIAM BENEDICT BERGER, SR., OF FLORIDA, TO BE TERRY R. MEYER DAVID B. WHALING UNITED STATES MARSHAL FOR THE MIDDLE DISTRICT JAMES E. MILLER JAMES R. WHITE OF FLORIDA FOR THE TERM OF FOUR YEARS, VICE VERNON M. MIRANDA ROBERT A. WHITE THOMAS DYSON HURLBURT, JR., TERM EXPIRED. ROBIN C. MORALEZ ANDREW W. WICHERS SCOTT R. MORCOMB VANESSA M. WILLIAMS f GREGORY J. MOSSER CATHERINE N. WILSON PETER R. MUCCIARONE MICHAEL L. WOJTA WITHDRAWAL KEITH P. NADIG BRIAN W. WOOD ANTHONY NAPLES BARBARA L. WOOTENJOYCE Executive Message transmitted by ANTHONY J. NEAVERTH MICHAEL M. YANAK PETER F. NORSETH JOHN J. ZENKOVICH the President to the Senate on Novem- JOSEPH L. OCONNELL LOREN T. ZWEIG ber 17, 2010 withdrawing from further DALLAS P. OLSON TANYA R. OLSON THE FOLLOWING NAMED ARMY NATIONAL GUARD OF Senate consideration the following KAREN OSSORIO THE UNITED STATES OFFICERS FOR APPOINTMENT TO nomination: RICHARD W. PACIOUS THE GRADE INDICATED IN THE RESERVE OF THE ARMY DANIEL M. PATTON UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MARSHA TERNUS, OF IOWA, TO BE A MEMBER OF THE MICHAEL C. PEETERS To be colonel BOARD OF DIRECTORS OF THE STATE JUSTICE INSTI- BRYAN G. PETERSON TUTE FOR A TERM EXPIRING SEPTEMBER 17, 2012, VICE JOHN D. PILOT JOHN G. FELTZ ROBERT A. MILLER, TERM EXPIRED, WHICH WAS SENT ROBERT W. PINCKARD MICHAEL R. KINNISON TO THE SENATE ON SEPTEMBER 13, 2010.

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