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, MONDAY, SEPTEMBER 20, 2010 No. 126 Senate The Senate met at 2 p.m. and was appoint the Honorable MARK R. WARNER, a Mr. LEVIN. Mr. President, I yield the called to order by the Honorable MARK Senator from the Commonwealth of Vir- floor. R. WARNER, a Senator from the Com- ginia, to perform the duties of the Chair. The ACTING PRESIDENT pro tem- monwealth of Virginia. DANIEL K. INOUYE, pore. The Senator from Arizona is rec- President pro tempore. ognized. PRAYER Mr. WARNER thereupon assumed the f The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. fered the following prayer: f PRINCIPLES FOR ECONOMIC Let us pray. RECOGNITION OF THE ACTING GROWTH How can we say thanks to You, gra- MAJORITY LEADER cious God, for the things You have Mr. KYL. Mr. President, I would like done for us? You shower us with The ACTING PRESIDENT pro tem- to speak a bit about the two competing undeserved blessings, and You brought pore. The Senator from Michigan is philosophies of economic growth. The Your salvation to our fragile planet. recognized. first version I will discuss is the so- The voices of 10 million angels couldn’t f called Keynesian economics, which has been the basis of the Obama adminis- express our gratitude. You alone de- SCHEDULE serve our praise. tration’s economic policy since Janu- We ask now that You would inspire Mr. LEVIN. Mr. President, today in ary 2009 and, I would add, with little to and guide our lawmakers in their work the Senate, there will be a period of no success in reviving our economy and today. Send out Your light to lead morning business until 3 p.m., with reducing unemployment. them to Your holy purposes. Lord, Senators permitted to speak therein Keynesian economics relies on the keep them from the fatigue of doubt, for up to 10 minutes each. Following theory that in recessionary times, in- depression, and despair as You lead morning business, the Senate will re- creased government spending can take them to the buoyancy of hope. By Your sume consideration of the motion to the place of private sector activity, sustaining grace may their hearts be proceed to S. 3454, the Department of hence the administration’s nearly $1 steadied, purged of self, emptied of Defense authorization bill. trillion stimulus package, the Cash for strain and stress, and filled with peace As previously announced by the ma- Clunkers Program and a litany of other and poise. We pray in Your merciful jority leader, there will be no rollcall government programs, transfer pay- Name. Amen. votes during today’s session of the Sen- ments, and temporary tax credits. This ate. The next vote will occur at 2:15 f administration’s insistence on enacting p.m. tomorrow, Tuesday, September 21. these temporary Keynesian policies to PLEDGE OF ALLEGIANCE That vote will be on the motion to in- stimulate consumption is misguided The Honorable MARK R. WARNER led voke cloture on the motion to proceed and has ultimately failed. the Pledge of Allegiance, as follows: to the DOD authorization bill. As the Wall Street Journal editorial- I pledge allegiance to the Flag of the f ized in a piece called ‘‘The Obama United States of America, and to the Repub- Economy:’’ lic for which it stands, one nation under God, MEASURE PLACED ON THE Never before has government spent so indivisible, with liberty and justice for all. CALENDAR—S. 3793 much and intervened so directly in credit al- f Mr. LEVIN. Mr. President, I under- location to spur growth, yet the results have APPOINTMENT OF ACTING stand that S. 3793 is at the desk and been mediocre at best. In return for adding PRESIDENT PRO TEMPORE due for a second reading. nearly $3 trillion in Federal debt in 2 years, The ACTING PRESIDENT pro tem- we still have 14.9 million people unemployed. The PRESIDING OFFICER. The pore. The clerk will read the title of What happened? clerk will please read a communication the bill for the second time. Well, I will mention three problems to the Senate from the President pro The bill clerk read as follows: with Keynesian economics that I think tempore (Mr. INOUYE). A bill (S. 3793) to extend expiring provi- help to answer that question. First of The bill clerk read the following let- sions and for other purposes. all, someone without a job is not going ter: Mr. LEVIN. Mr. President, I object to to be fooled into spending more money U.S. SENATE, any further proceedings with respect to because of a one-time payment that he PRESIDENT PRO TEMPORE, or she received from the Federal Gov- Washington, DC, September 20, 2010. the bill. To the Senate: The ACTING PRESIDENT pro tem- ernment. People only change their Under the provisions of rule I, paragraph 3, pore. Objection is heard. The bill will spending habits when they know they of the Standing Rules of the Senate, I hereby be placed on the calendar. will have a greater consistent income

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

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Small jump-start economic growth. day’s Washington Times—on the front businesses. Who would bear the brunt Second, Keynesian economics as- page: of tax increases in the upper two sumes the government has the fore- While taking his toughest stance to date brackets? Small businesses. So the last sight to determine in advance which on China’s need to speed up the pace of cur- thing we should be doing is raising spending programs would best create rency reform, Treasury Secretary Timothy taxes on anyone, most especially our economic growth. Well, the obvious F. Geithner echoed China’s point that doing small businesses to which we are look- problem with this assumption is, Con- that by itself will not eliminate the gigantic ing to produce more jobs. $230 billion trade deficit with China or re- gress does not spend taxpayers’ money There is plenty of evidence that the wisely. We see time and time again store millions of manufacturing jobs lost in the recession. economic theory I am talking about how straightforward pieces of legisla- works in practice. We have abundant Continuing to quote from the article: tion get loaded up with special projects evidence of what works and what does ‘‘Americans also must save more and in- which are costly and of questionable not. A recent study was conducted by value to the public. This has been one vest more while consuming less of the world’s bounty,’’ he said, ‘‘to bring a better Harvard economists Alberto Alesina of the problems with the stimulus balance to trade.’’ and Silvia Ardagna, who recently stud- package. He is right. America does need to ied more than 100 fiscal adjustments in Third, if the problem is lack of con- 21 separate countries over the past 40 sumption and Americans are too broke save more and invest more. That is the way you restore not just the manufac- years. The countries are all in the to spend, how can the government OECD. These are the more economi- spend for us? We are the government. turing jobs lost in the recession but a lot of the other jobs as well. cally advanced countries of the world. It is our tax money that is being spent. The fiscal adjustments that led to We have to pay it back if it is bor- Reporting on the same story in an- other newspaper, Secretary Geithner is economic expansions were generally rowed. based around spending cuts. By con- The authors of a textbook entitled quoted as saying: We are concerned . . . that the pace of ap- trast, the adjustments that led to eco- ‘‘Economics: Public and Private nomic recessions were based around Choice,’’ write: preciation has been too slow. The most im- portant things we can do to make manufac- tax increases. Thus, spending cuts, not There are no free lunches. Regardless how turing stronger in the United States are tax hikes, appear to be the more effec- they are financed, activities undertaken by going to be about the policies we pursue in tive strategy for deficit reduction. the government will be costly. When govern- the United States. Using data from more than 90 dif- ments purchase resources and other goods and services to provide rockets, education, I think he is right and that the poli- ferent OECD countries, Alesina and highways, health care, and other goods, the cies we have to pursue are the policies Ardagna also compared the relative resources used by the government will be un- of savings and investment—exactly benefits of spending increases and tax available to produce goods and services in what he said. It may be fine for the cuts. Their conclusion: Tax cuts are a the private sector. As a result, private-sector U.S. economy to spend more money, much better way to spur economic output will be lower. but the reality is, each of our families growth. In short, there is a major misconcep- and our businesses are better off if we Unfortunately, the current adminis- tion that consumption fueled by gov- save and invest at this important time tration and Congress have done the ernment spending actually creates eco- in our history. exact opposite of what these two nomic growth. It doesn’t. It just moves So let there be no mistake; the Sec- economists from Harvard have pro- money around. Taking it from the pri- retary’s promotion of savings and in- posed. They have dramatically in- vate sector to be spent by the govern- vestment is contrary to this Keynesian creased Federal spending and are now ment removes critical capital that is notion that all we have to do is spend threatening to implement a massive needed to create jobs. more money and the economy will get tax hike, exactly the wrong prescrip- I noticed, in catching up on reading better. There is a need to save and a tion. I believe it is long past time for some of the newspapers over the week- need to invest. That is what enables Congress to consider an alternative end, that Treasury Secretary Geithner businesses to create more jobs. strategy, a strategy that rejects mis- weighed into this debate a little bit. I think it is very important to re- guided income tax increases and, in- Recall that over the last several weeks mind everyone that economic growth stead, focuses on targeted spending re- there has been a debate about whether stems from combining three separate ductions; a strategy that lowers our we should prevent all taxes from going inputs—labor, capital, and technology. corporate tax rate, which is the second up or simply prevent a tax increase on These three factors of production re- highest of all of the OECD countries; a the so-called middle class. The idea is sult in output that we can then con- strategy that blocks unelected Federal that middle-class families spend what- sume. Without labor, without capital— bureaucrats from imposing new energy ever money they have available. That that is the savings and investment taxes on small businesses and middle- plays into this Keynesian economic no- part—and technology, which enhances class households; a strategy that re- tion that it advances spending so we our productivity, there can be no con- structures our three biggest entitle- should let them keep more of their sumption. Focusing on policies that ment programs—Social Security, Medi- money but that wealthier people—the stimulate consumption targets the care, and Medicaid—to prevent a future people in the top two brackets—don’t wrong side of the equation. fiscal crisis; a strategy that reins in spend their money and, therefore, they In order to get the economy going, overall health care costs through mar- do not contribute to economic growth. we need to focus on the inputs, and ket-oriented, consumer-driven reforms; But of course it totally misses the that is where the second philosophy of a strategy that promotes free trade point that money saved is money ulti- economic growth comes in. Some peo- across the globe and strengthens our mately invested. If it is invested, it is ple refer to it as supply-side economics. bilateral relationships in the process; a either put in a bank, which can then The fundamental principle of supply- strategy that embraces clear, trans- lend more money to people who need to side economics is that people work parent fiscal regulations to end tax- borrow or it is directly invested in harder and take more risks when there payer bailouts and discourage exces- stocks or bonds or some other enter- are more opportunities for economic sive leveraging. prise which generally results in the ac- gain and less government intrusion. These are just some of the rec- quisition of more equipment or the hir- Translating this economic philos- ommendations that come from the Re- ing of more people, both of which are ophy into policy means reducing gov- publican side of the aisle. I note that essential to reducing unemployment ernment consumption by cutting they track very closely a piece that

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A wealth of evidence shows that Freddie Mac now sit with an estimated $400 George Shultz, Michael Boskin, John high tax rates reduce work effort, retard in- billion cost to taxpayers and no path to reso- Cogan, Allan Meltzer, and John Taylor. vestment and lower productivity growth. lution. Hundreds of new complex regulations They wrote a piece in the September 16 Raise taxes, and living standards stagnate. lurk in the 2010 financial reform bill with Wall Street Journal called ‘‘Principles Nobel Prize-winning economist Edward most of the critical details left to regulators. for Economic Revival.’’ These prin- Prescott examined international labor mar- So uncertainty reigns and nearly $2 trillion ket data and showed that changes in tax in cash sits in corporate coffers. ciples track very closely the principles rates on labor are associated with changes in Since the onset of the financial crisis, an- I have just identified and provide what employment and hours worked. From the nual federal spending has increased by an ex- I think is a very good blueprint for 1970s to the 1990s, the effective tax rate on traordinary $800 billion—more than $10,000 moving forward. work increased by an average of 28% in Ger- for every American family. This has driven Just a final note. I would note paro- many, France and Italy. Over that same pe- the budget deficit to 10% of GDP, far above chially that starting in the third para- riod, work hours fell by an average of 22% in the previous peacetime record. The Obama graph of their piece: ‘‘The Noble Prize- those three countries. When higher taxes re- administration has proposed to lock a sizable duce the reward for work, you get less of it. portion of that additional spending into gov- winning economist Edward Prescott’’ Long-lasting economic policies based on a ernment programs and to finance it with is from Arizona State University. I vis- long-term strategy work; temporary policies higher taxes and debt. The Fed recently an- ited with Dr. Prescott, and I can affirm don’t. The difference between the effect of nounced it would continue buying long-term the things he teaches in his classes as permanent tax rate cuts and one-time tem- Treasury debt, adding to the risk of future well as what he teaches by his writings porary tax rebates is also well-documented. inflation. are the principles upon which we can The former creates a sustainable increase in There is perhaps no better indicator of the destructive path that these policy deviations build economic growth. They are what economic output, the latter at best only a transitory blip. Temporary policies create have put us on than the federal budget. The I said in the very beginning of my re- uncertainty that dampen economic output as nearby chart puts the fiscal problem in per- marks. They are the principles of in- market participants, unsure about whether spective. It shows federal spending as a per- centive for more economic output and and how policies might change, delay their cent of GDP, which is now at 24%, up sharply reward. decisions. from 18.2% in 2000. He talks, in this piece, about the way Having ‘‘skin in the game,’’ Future federal spending, driven mainly by unsurprisingly, leads to superior outcomes. retirement and health-care promises, is like- higher tax rates on labor are associated ly to increase beyond 30% of GDP in 20 years with the reductions in the labor out- As Milton Friedman famously observed: ‘‘No- body spends somebody else’s money as wisely and then keep rising, according to the Con- put, and therefore the productivity of as they spend their own.’’ When legislators gressional Budget Office. The reckless expan- the country, the wages of the people, put other people’s money at risk—as when sions of both entitlements and discretionary and the economic condition of the Fannie Mae and Freddie Mac bought risky programs in recent years have only added to country. mortgages—crisis and economic hardship in- our long-term fiscal problem. As the chart shows, in all of U.S. history, evitably result. When minimal co-payments Also, the authors have a very inter- there has been only one period of sustained and low deductibles are mandated in the in- esting chart in this Wall Street Jour- decline in federal spending relative to GDP. surance market, wasteful health-care spend- nal piece called ‘‘The Cost of Wash- From 1983 to 2001, federal spending relative ing balloons. ington.’’ It is astonishing to see on Rule-based policies provide the foundation to GDP declined by five percentage points. paper the cost of World War I—in fact, of a high-growth market economy. Abiding Two factors dominated this remarkable pe- the cost of the Civil War before that, by such policies minimizes capricious discre- riod. First was strong economic growth. Sec- ond was modest spending restraint—on do- tionary actions, such as the recent ad hoc the cost of World War II—pretty high. mestic spending in the 1980s and on defense bailouts, which too often had deleterious Then it went back down again. These in the 1990s. are all costs as a percent of GDP. consequences. For most of the 1980s and ’90s The good news is that we can change these Now when we have the biggest gross monetary policy was conducted in a predict- destructive policies by adopting a strategy able rule-like manner. As a result, the econ- based on proven economic principles: domestic product ever, dramatically omy was far more stable. We avoided lengthy larger even than what we had in World First, take tax increases off the table. economic contractions like the Great De- Higher tax rates are destructive to growth War II, we have costs of the Federal pression of the 1930s and the rapid inflation and would ratify the recent spending ex- Government that exceed even the cost of the 1970s. cesses. Our complex tax code is badly in need as a percentage of GDP of World War The history of recent economic policy is of overhaul to make America more competi- II. one of massive deviations from these basic tive. For example, the U.S. corporate tax is tenets. The result has been a crippling reces- one of the highest in the world. That’s why The President’s folks, as well as sion and now a weak, nearly nonexistent re- those who advise Congress, have all many tax reform proposals integrate per- covery. The deviations began with policies— sonal and corporate income taxes with fewer said this is unsustainable. It is one of like the Federal Reserve holding interest special tax breaks and lower tax rates. the reasons it is time for us, as I said, rates too low for too long—that fueled the But in the current climate, with the very to get back to principles for economic unsustainable housing boom. Federal hous- credit-worthiness of the United States at revival and focus on reducing unneces- ing policies allowed down payments on home stake, our program keeps the present tax re- sary spending and making certain that, loans as low as zero. Banks were encouraged gime in place while avoiding the severe eco- to make risky loans, and securitization sepa- especially in these times, we resist the nomic drag of higher tax rates. rated lenders from their loans. Neither bor- Second, balance the federal budget by re- notion of raising taxes on any Ameri- rower nor lender had sufficient skin in the ducing spending. The publicly held debt must cans. game. Lax enforcement of existing regula- be brought down to the pre-crisis safety I ask unanimous consent this Wall tions allowed both investment and commer- zone. To do this, the excessive spending of Street Journal op-ed be printed in the cial banks to circumvent long-established recent years must be removed before it be- RECORD. banking rules to take on far too much lever- comes a permanent budget fixture. The gov- There being no objection, the mate- age. Regulators, not regulations, failed. ernment should begin by rescinding unspent The departures from sound principles con- ‘‘stimulus’’ and TARP funds, ratcheting rial was ordered to be printed in the tinued when the Fed and the Treasury re- down domestic appropriations to their pre- RECORD, as follows: sponded with arbitrary and unpredictable binge levels, and repealing entitlement ex- [From the Wall Street Journal, Sept. 16, bailouts of banks, auto companies and finan- pansions, most notably the subsidies in the 2010] cial institutions. They financed their actions health-care bill. The next step is restructuring public ac- PRINCIPLES FOR ECONOMIC REVIVAL with unprecedented money creation and massive issuance of debt. These frantic tivities between federal and state govern- (By George P. Shultz, Michael J. Boskin, moves spooked already turbulent markets ments. The federal government has taken on John F. Cogan, Allan Meltzer and John B. and led to the financial panic. more responsibilities than it can properly Taylor) More deviations occurred when the govern- manage and efficiently finance. The 1996 wel- America’s financial crisis, deep recession ment responded with ineffective temporary fare reform, which transferred authority and and anemic recovery have largely been driv- stimulus packages. The 2008 tax rebate and financing for welfare from the federal to the en by economic policies that have deviated the 2009 spending stimulus bills failed to im- state level, should serve as the model. This from proven fact-based principles. To return prove the economy. Cash for clunkers and reform reduced welfare dependency and low- to prosperity we must get back to these prin- the first-time home buyers tax credit merely ered costs, benefiting taxpayers and welfare ciples. moved purchases forward by a few months. recipients.

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7190 CONGRESSIONAL RECORD — SENATE September 20, 2010 Third, modify Social Security and health- quirements that rise with the size of the question: Why on Earth is this admin- care entitlements to reduce their explosive bank should be phased in. istration standing by and watching our future growth. Social Security now promises Fifth, monetary policy should be less dis- global competitors gain the upper hand much higher benefits to future retirees than cretionary and more rule-like. The Federal over U.S. businesses? to today’s retirees. The typical 30-year-old Reserve should announce and follow a mone- Last week, the European Union an- today is scheduled to get an inflation-ad- tary policy rule, such as the Taylor rule, in justed retirement benefit that is 50% higher which the short-term interest rate is deter- nounced that it is taking steps to ap- than the benefit for a typical current retiree. mined by the supply and demand for money prove an agreement with South Korea. Benefits paid to future retirees should re- and is adjusted through changes in the I have to tip my hat to the Europeans. main at the same level, in terms of pur- money supply when inflation rises above or South Korea represents the 12th larg- chasing power, that today’s retirees receive. falls below the target, or when the economy est economy, and Europe’s businesses A combination of indexing initial benefits to goes into a recession. When monetary policy are now one step closer to much great- prices rather than to wages and increasing decisions follow such a rule, economic sta- er access to the 12th largest economy the program’s retirement age would achieve bility and growth increase. in the world. Meanwhile, the United this goal. They should be phased-in gradu- In order to reduce the size of the Fed’s States fails to act on a trade agree- ally so that current retirees and those near- bloated balance sheet without causing more ment negotiated with South Korea ing retirement are not affected. market disruption, the Fed should announce Health care is far too important to the and follow a clear and predictable exit rule, more than 3 years ago, ready for ac- American economy to be left in its current which describes a contingency path for tion, actually. Zero action, though, has state. In markets other than health care, the bringing bank reserves back to normal lev- been taken since this agreement has legendary American shopper, armed with els. It should also announce and follow a been finalized by this administration. money and information, has kept quality lender-of-last-resort rule designed to protect We all know it is up to the President to high and costs low. In health care, service the payment system and the economy—not send the agreement to Congress for ap- providers, unaided by consumers with suffi- failing banks. Such a rule would end the er- proval before it can go into effect. But cient skin in the game, make the purchasing ratic bailout policy that leads to crises. decisions. Third-party payers—employers, that has not happened. On the other The United States should, along with other hand, other nations are taking advan- governments and insurance companies—have countries, agree to a target for inflation in resorted to regulatory schemes and price order to increase expected price stability and tage of opportunities to save their controls to stem the resulting cost growth. exchange rate stability. A new accord be- businesses billions of dollars, while the The key to making Medicare affordable tween the Federal Reserve and Treasury United States is simply stuck in neu- while maintaining the quality of health care should reestablish the Fed’s independence tral. is more patient involvement, more choices and accountability so that it is not called on Under our agreement with Korea, among Medicare health plans, and more to monetize the debt or engage in credit allo- most fees our exporters pay—tariffs— competition. Co-payments should be raised cation. A monetary rule is a requisite for re- to Korea would be completely elimi- to make patients and their physicians more storing the Fed’s independence. cost-conscious. Monthly premiums should be nated, saving U.S. businesses literally These pro-growth policies provide the sur- billions of dollars. In fact, nearly 95 lowered to provide seniors with more dispos- est path back to prosperity. able income to make these choices. A menu percent of our exports of consumer and of additional Medicare plans, some with Mr. KYL. I suggest the absence of a industrial products would become duty lower premiums, higher co-payments and im- quorum. free within 3 years and the rest would proved catastrophic coverage, should be The ACTING PRESIDENT pro tem- be eliminated over time. Nearly two- added to the current one-size-fits-all pro- pore. The clerk will call the roll. thirds of our agricultural exports gram to encourage competition. The bill clerk proceeded to call the would also become duty free under this Similarly for Medicaid, modest co-pay- roll. ments should be introduced except for pre- agreement, and perhaps most signifi- ventive services. The program should be Mr. KYL. Mr. President, I ask unani- cant is the estimate by the U.S. Inter- turned over entirely to the states with fed- mous consent the order for the quorum national Trade Commission itself that eral financing supplied by a ‘‘no strings at- call be rescinded. our agreement with South Korea would tached’’ block grant. States should then The ACTING PRESIDENT pro tem- add $10 to $12 billion to our economy. allow Medicaid recipients to purchase a pore. Without objection, it is so or- So what does this mean in real dol- health plan of their choosing with a risk-ad- dered. lars for real businesses? Well, the justed Medicaid grant that phases out as in- f agreement would increase U.S. exports come rises. by about $10 billion annually. The way The 2010 health-care law undermined posi- RESERVATION OF LEADER TIME tive reforms underway since the late 1990s, I look at it, our economy could use a including higher co-payments and health The ACTING PRESIDENT pro tem- $10 billion boost. Instead, our agree- savings accounts. The law should be repealed pore. Under the previous order, leader- ment with South Korea languishes, and before its regulations and price controls fur- ship time is reserved. we sit on the sidelines while other ther damage availability and quality of care. countries clearly are gaining the upper f It should be replaced with policies that tar- hand and we are losing this market- get specific health market concerns: quality, MORNING BUSINESS place. affordability and access. Making out-of- The ACTING PRESIDENT pro tem- If we could ever enact this agree- pocket expenditures and individual pur- ment, American job creators could chases of health insurance tax deductible, pore. There will be a period for the fairly compete in the South Korean enhancing health savings accounts, and im- transaction of morning business until 3 market. Instead, they are at a distinct proving access to medical information are p.m., with Senators permitted to speak disadvantage, and the key to a level keys to more consumer involvement. Allow- therein for up to 10 minutes each. playing field—this trade agreement—is ing consumers to buy insurance across state Mr. KYL. Mr. President, I suggest the lines will lower the cost of insurance. collecting dust on a shelf at the White absence of a quorum. Fourth, enact a moratorium on all new House. regulations for the next three years, with an The ACTING PRESIDENT pro tem- The time for the United States to act exception for national security and public pore. The clerk will call the roll. on our agreement with Korea is not safety. Going forward, regulations should be The bill clerk proceeded to call the only now, it should have been months transparent and simple, pass rigorous cost- roll. benefit tests, and rely to a maximum extent ago. Our failure to act is inhibiting job Mr. JOHANNS. Mr. President, I ask creation, inspiring our competitors, on market-based incentives instead of com- unanimous consent that the order for mand and control. Direct and indirect cost who are winning, and frustrating our estimates of regulations and subsidies should the quorum call be rescinded. trading partners. Last week was just be published before new regulations are put The ACTING PRESIDENT pro tem- the latest evidence that our trading into law. pore. Without objection, it is so or- partners have lost patience with us and Off-budget financing should end by closing dered. decided to find new dance partners. Fannie Mae and Freddie Mac. The Bureau of f You see, our trading partners look at Consumer Finance Protection and all other government agencies should be on the budget this and say: There is no leadership. SOUTH KOREAN FREE TRADE In June, I came to the Senate floor to that Congress annually approves. An en- AGREEMENT hanced bankruptcy process for failing finan- express my concern over reports that cial firms should be enacted in order to end Mr. JOHANNS. Mr. President, I rise an official from the South Korean Em- the need for bailouts. Higher bank capital re- today to ask a pretty straightforward bassy said the following:

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7191 The U.S. runs the risk of losing the Korean As the U.S. unemployment rate has The ACTING PRESIDENT pro tem- market within a decade if we cannot get a hovered around 10 percent for most of pore. Without objection, it is so or- free trade agreement ratified. this year, my question is and I think dered. Let me repeat what he said: Within a the question of this nation is, What are f decade, we lose this market. we waiting for? Why are we waiting? DEFENSE AUTHORIZATION Those reports also warned that South There is no silver bullet here, but our Korea was likely to complete a free- pending trade agreements would be Mr. GRAHAM. Mr. President, I rise trade agreement with the European enormously helpful. They would be the to speak about the upcoming vote to- Union by January of next year. Well, absolute right step in the right direc- morrow at 2:15 on the Defense author- here we are 3 months later, and that is tion. You see, when roughly 95 percent ization bill. I don’t know the state of exactly what has happened. of the world’s consumers live outside play, but it looks as though we will Most recently, upon announcing the the United States, the global market- bring to the floor a Defense authoriza- new agreement just last week, South place represents unrivaled opportuni- tion bill without any ability to amend Korea’s Ministry of Foreign Affairs and ties. But, unfortunately, while the Sen- the bill beyond a very limited set of Trade released a statement saying that ate has spent most of this year on a amendments. If one is watching the po- their deal with the EU ‘‘will bring massive spending spree, three measures litical discourse at the moment, they about economic benefits more than a that even the President admits will would not realize we are at war in two free trade pact signed with the United create jobs are withering on the vine. different theaters and that Iran is pur- States.’’ You see, they signed this Our businesses and job creators watch suing a nuclear weapon, and that agreement 3 months ahead of schedule, as their global competitors simply run maybe a year from now they will have and our trading partners look at all of by them. They are sitting on the side- one. We are talking about domestic the dithering, and they are ready to lines faced with uncertainty and high politics and spending. That is good. move forward without us. tariffs that bar their entry in any rea- But what is equally important is na- We should enact our pending trade sonable way to the foreign market- tional security. agreement with South Korea as well as place, uncertainty about new regula- The Defense authorization bill is the pending trade agreements with Co- tions, uncertainty about our economic coming to the Senate floor tomorrow, lombia and Panama as quickly as pos- recovery, uncertainty about this ad- and we have a don’t ask, don’t tell pol- sible. Increasing our market share in ministration’s commitment to these icy change within the bill that basi- countries around the world will provide trade agreements. cally says we are going to change the greater opportunities for our busi- The lack of any kind of coherent po- law that would get rid of don’t ask, nesses, allowing them to expand their sition from the White House is a seri- don’t tell; a policy that has worked operations and to hire more people ous part of the problem. Yes, I have very well, that we would receive input right here at home. You can translate heard the speeches. The President says from the military, and we are going to foreign trade to real jobs for real peo- he wants action. He started saying it a change the law before we ask our men ple in this country who are looking for long time ago. Yet he takes no action. and women in uniform about their work. This would help get our economy I would like to know where this admin- opinion. That is a huge mistake. We moving again. But for that to happen, istration stands. The agreements are were told last year there would be a the Obama administration must send signed and ready. The ball is in the ad- study among all the services about the Congress the pending agreements for ministration’s court. If the President effect of don’t ask, don’t tell on re- an up-or-down vote. That is the next has no intention of sending these cruiting and retention and how it step. That has been the next step for agreements to us, say so. Let the would affect the Armed Forces. months and months. The President American public know this. Before we can get the study done, I must simply send the agreements for think the Congress is going to repeal Taking action could not be easier: approval. the law because our Democratic friends simply drop the agreements in the mail believe in the fall there will be more Unfortunately, when it comes to the to Congress or have somebody walk Republicans. So they are going to try pending trade agreements, what we them over here. The rest of the world is to do it now. We should not repeal have seen from this administration has not wasting any time taking advantage don’t ask, don’t tell until we get input been a lot of talk but no action. If you of the opportunities and benefits pro- from our men and women who are serv- listen to the President’s own words, vided by expanded trade. You see, they ing. That is one thing that is driving you would think the administration need jobs too. And they see the world’s this bill. just can’t wait to submit the agree- population and say: Why would we not The DREAM Act is a piece of legisla- ments to Congress. Just last week, want to sell our products to those peo- tion that would give legal status to President Obama said he would like to ple? Meanwhile, the United States is young children who were brought into see congressional approval of the Ko- depriving our businesses of new mar- the country illegally, brought here as rean agreement as soon as possible. kets, our people of jobs and new oppor- children as illegal immigrants. They That is not the first time he has made tunities. And it delays economic recov- have lived most of their lives here. It those statements. Going all the way ery while, unfortunately, our competi- would allow them to go to school under back to the State of the Union Address tors gain the upper hand. in January, President Obama said the State tuition. It would give them legal If the President is serious about en- following: status. That is an issue that needs to acting trade deals to create new jobs, I be talked about in terms of comprehen- We have to seek new markets aggressively am ready to work with him. I have said just as our competitors are. If America sits sive immigration reform, not the De- that over and over. I will come to the on the sidelines while other nations sign fense authorization bill. trade deals, we will lose the chance to create floor and speak on behalf of these If someone were listening to the de- jobs on our shores. agreements, and I know many of my bate on the Defense authorization bill, The President was right about that colleagues are ready to do the same. they would believe the biggest national when he said that so many months ago. I urge the President to send the trade security threats we face are abortions In fact, it bears repeating. In the Presi- agreements to Congress once again for in military hospitals, the DREAM Act, dent’s own words: a ‘‘yes’’ vote. which has to do with citizenship for If America sits on the sidelines while other I yield the floor, and I suggest the ab- young illegal immigrants, and don’t nations sign trade deals, we will lose the sence of a quorum. ask, don’t tell. We are not talking chance to create jobs on our shores. The ACTING PRESIDENT pro tem- about what happens if Iran gets a nu- So the President of the United States pore. The clerk will call the roll. clear weapon, how we win in Afghani- is on record saying that the pending The bill clerk proceeded to call the stan, or what we need to do to get Iraq trade agreements would create jobs. roll. right. We are on the 10 yard line, but They would. But these words ring hol- Mr. GRAHAM. I ask unanimous con- we are not there yet. low when you do not follow up with ac- sent that the order for the quorum call I have an amendment I would like to tion. be rescinded. offer to the body that would get 99

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7192 CONGRESSIONAL RECORD — SENATE September 20, 2010 votes. It says stop reading terrorists we capture terrorists tomorrow, where Miranda rights. We will be voting on their Miranda rights. This is not crime will we put them? Guantanamo Bay the DREAM Act which is checking a we are fighting. We are fighting a war. hadn’t been used in years. We are a na- block. We will be voting on don’t ask, I don’t believe in torture; I believe in tion without a jail. These are big issues don’t tell in a way in which I think is living within our values. But there is a that need to be addressed in a com- offensive to the men and women who difference between a law enforcement prehensive fashion. serve. activity and fighting a war. The Defense authorization bill is the The Senator was promised last year, When we capture a terrorist who just natural venue. But under the process as the ranking member, when he asked tried to blow up an airplane over De- before the Senate, it is being shut the question, that our men and women troit, the last thing we need to do is down, and the Defense authorization would give us input before the adminis- read them their Miranda rights. We bill is no longer a vehicle to deal with tration would move to change don’t should take them off the airplane, turn defense matters. It is now a political ask, don’t tell. That has all been them over to the military, the CIA, and checklist before the November elec- turned upside down. The law is now let them be questioned about future at- tions. The Hispanic community, check; that it will be repealed and we ask tacks within our values—not torture they got a vote on the DREAM Act. later. but firmly and effectively asked about Mr. MCCAIN. Will the Senator yield This idea about secret holds in the intelligence. for a question? Senate, that is probably an internal The moment we read somebody their Mr. GRAHAM. Absolutely. matter that needs to be resolved but Miranda rights, we go into the area of Mr. MCCAIN. Is it the understanding not on Defense authorization. The an- law enforcement. We are fighting a of the Senator from South Carolina swer is, this is politics. war, not a crime. I have a bill that that we would be taking up the Mr. MCCAIN. If we do address the would change our habeas review proc- DREAM Act which, if going through issue on the Defense authorization bill ess where an enemy prisoner is allowed the regular process, would go to the or if we were addressing the issue, to go to Federal court under Supreme Judiciary Committee, and the don’t would it be more appropriate to assess Court holdings, and when they go to ask, don’t tell issue and perhaps some- the impact on battle effectiveness and court, the habeas review doesn’t have thing about secret holds, and then go morale on the men and women serving any uniform standards. In one case off of the bill until after the elections and then arrive at a decision as to they let the guy go because the govern- in a very constrictive timeframe of a whether that legislation or any other ment couldn’t prove he was a member lameduck session? legislation, although this is very im- of al-Qaida on the day he was captured. What is the Senator’s view about portant legislation, should be repealed? But they could prove without a doubt what the priorities of the leadership Instead, isn’t it true the construct of that he had trained with al-Qaida, are? Is it political? Why else would we the way it went through the Armed swore an oath to al-Qaida right after 9/ take up only certain amendments and Services Committee is that the three 11. The burden should be on the enemy then move off a bill that would then re- individuals who support repeal—the combatant to prove they are not a sume possibly for some truncated pe- President, who made a political prom- member of al-Qaida once we have es- riod after the election? What is that all ise; the Secretary of Defense, whom we tablished they were at some point in about? admire; and the Chairman of the Joint time. Mr. GRAHAM. Sherlock Holmes said Chiefs of Staff—will make a determina- The whole habeas review system what is left on the table, when you rule tion as to whether the study has been needs to be looked at. Our judges are everything out, is the answer. It makes completed sufficiently to ensure the re- crying out for some congressional in- no sense to me for us to bring the De- peal of don’t ask, don’t tell without dif- volvement to give them uniform stand- fense authorization bill to the floor of ficulty as opposed to taking a survey, ards. the Senate at any time where the Sen- finding out about the impact on morale We have 48 people in prison at Guan- ator from Arizona and I cannot offer an and battle readiness and then make a tanamo Bay held for years without amendment about how we try a ter- determination? trial. Under the law of war, we can hold rorist. Should Khalid Sheikh Moham- Also, according to this process set up an enemy prisoner indefinitely without med be given a Federal court right? in the Armed Services Committee, the trial because it is part of a war. Under Should he be put in New York City or four service chiefs—Army, Navy, Ma- domestic criminal law, we have to any other Federal court and tried as a rine Corps, Air Force—are left out of charge somebody with a crime or let normal criminal, or should he be tried the decisionmaking. Why? Because them go. That is a dilemma we should in a military court as an enemy com- they have called for exactly what I was not face. If someone is being held as an batant? just describing, which is a study to as- enemy combatant, there ought to be a These are big issues. Under the con- sess the impact on morale and effec- legal process to make that determina- struct created—and the reason I will tiveness prior to repeal. In other words, tion with an annual review. I would vote no when I would normally vote in this instance, the fix is in. like to create that legal process. I yes—I cannot offer amendments. We Mr. GRAHAM. The Senator makes a would like to create some rational are going to be voting on the DREAM good point. He has been ranking mem- legal system that recognizes we are at Act. The DREAM Act is a hot topic in ber. Obviously, his military record is war, not fighting a crime. But the only the immigration world but not very well known. He was promised—I took it thing I can talk about is don’t ask, hot among our troops. as a promise—last year that we would don’t tell and the DREAM Act. This is I have been to Afghanistan and Iraq not change don’t ask, don’t tell until ridiculous. numerous times. I haven’t had one sol- we got input from those who serve our We have men and women in harm’s dier or airman or sailor or marine or country in uniform. That process is on- way. This Nation is under siege. We Coast Guard member ask me about the going. But now the law we are expected have not adjusted our laws since 9/11 to DREAM Act. They want to know are to vote on tomorrow changes don’t ask, be at war within our values. The ex- they going to get paid more and do don’t tell. It completely reverses that tremes can’t be the norm. The choice they have the tools to win the war. policy but allows us to get input later. between waterboarding and the Army This is politics at its worst, may I say. That is quite offensive. We know there Field Manual in terms of interrogation As a Republican, I stand here know- isn’t going to be a snowball’s chance in should not be the two choices. The CIA ing our party has probably abused hell they are actually going to listen to today is out of the interrogation busi- power in the past but not like this. what the men and women say because ness. The Executive order issued by This, to me, is going to a new level. We the whole goal is to get that vote for a President Obama denies the CIA the are in two wars. Iran is on the verge of specific constituency. ability to use enhanced interrogation making a breakthrough on the nuclear Special interest groups are domi- techniques that this body passed under weapons front. We have a Defense bill nating this bill unlike any time before. the Detainee Treatment Act, so the where we can’t amend it to talk about We have changed the law about abor- CIA is basically an organization with- the war on terror or about legal tions in military hospitals, we have the out any ability to question someone. If changes—stop reading terrorists their DREAM Act which has zero to do with

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7193 national defense, and now we have a authorization. It is trying to check a during Freedom to enter the military major change in don’t ask, don’t tell in block. service academies. a way that is contrary. For the people who came to my office The bill also includes important I spoke to the incoming Commandant last week who were literally praying funding and authorities needed to pro- of the Marine Corps who will be up for that I would vote for the DREAM Act vide our troops the equipment and sup- a vote soon. He said he was very con- in the Defense authorization bill, you port they will continue to need as long cerned about making this change now. are certainly being used and abused, in as they remain on the battlefield in We are in two wars. There is a lot my view. This is an emotional topic, Iraq and Afghanistan. going on in the world. This is a major and at the end of the day, all I can tell For example, the bill would enhance social change. He thinks it would be you is, this is not a way to change im- the military’s ability to rapidly ac- smart to listen to the marines and migration. This is not comprehensive quire and field new capabilities in re- other servicemembers before we make immigration reform. This is not good sponse to urgent needs on the battle- the change. If the bill becomes law, we defense policy. This is just sheer, raw field by expanding the authority of the will not have done that. That is a huge politics at a time when we could do Department of Defense to waive statu- mistake. better and should do better. tory requirements when urgently need- I thank the Senator from Arizona for I yield the floor. ed to save lives on the battlefield. his leadership to make sure the men f The bill would fully fund the Presi- and women in uniform are heard from dent’s request to train and equip the before Congress acts. CONCLUSION OF MORNING Afghan National Army and Afghan Po- Mr. MCCAIN. One more question: The BUSINESS lice—growing the capabilities of these issue is the proposal to include the so- The ACTING PRESIDENT pro tem- security forces to prepare them to take called DREAM Act. I think every Mem- pore. Morning business is closed. over increased responsibility for Af- ber of Congress, every American citizen f ghanistan’s security. has some sympathy for individuals who The bill would extend for another were brought to this country without NATIONAL DEFENSE AUTHORIZA- year the authority for the Secretary of making the decision to do so, not for- TION ACT FOR FISCAL YEAR Defense to transfer equipment coming getting that the people who brought 2011—MOTION TO PROCEED out of Iraq as our troops withdraw to them to this country were breaking The ACTING PRESIDENT pro tem- the security forces of Iraq and Afghani- our laws when they did so. Isn’t it also pore. Under the previous order, the stan, providing through that transfer true that if we address the DREAM Act Senate will resume consideration of an important tool for our commanders or other parts of comprehensive immi- the motion to proceed to S. 3454, which looking to accelerate the growth of gration reform before securing the bor- the clerk will report. these security forces. ders, then 1, 2, 5, 10 years from now we The bill clerk read as follows: The bill contains a number of provi- will be faced with another generation Motion to proceed to the bill (S. 3454) to sions that will help improve the man- of young people who were brought here authorize appropriations for fiscal year 2011 agement of the Department of Defense against their will who have a compel- for military activities of the Department of and other Federal agencies. ling story to tell? Defense, for military construction, and for For example, the bill would require In other words, isn’t the moral of this defense activities of the Department of En- the Department of Defense to establish story—to harken back to the 1980s— ergy, to prescribe military personnel a comprehensive process for evaluating under our beloved Ronald Reagan we strengths for such fiscal year, and for other and addressing urgent operational gave amnesty to a couple million peo- purposes. needs identified on the battlefield. ple, and they said they would secure The ACTING PRESIDENT pro tem- The bill would address shortcomings the borders, and we ended up with 12 pore. The Senator from Michigan. in the management of private security million people who were here illegally? Mr. LEVIN. Mr. President, we have contractors in Iraq and Afghanistan by So isn’t that the situation we all want enacted a National Defense Authoriza- making contractors expressly respon- to remedy, but we want to make sure tion Act every year for the last 48 sible for the conduct of their sub- we do not have to remedy it again? years, and we need to do the same this contractors and establishing specific Mr. GRAHAM. I say to the Senator, year. I hope we can at least make some contractual remedies for failures to his point is well taken. If the DREAM progress during the next few days and comply with the requirements and di- Act is not considered part of com- weeks on this bill. rectives. prehensive immigration reform, it will This year’s bill would continue the The bill would require the Depart- be a huge mistake. The reason we have increases in compensation and quality ment of Defense to establish acquisi- 12 million people here illegally in our of life that our service men and women tion baselines for the Missile Defense country is because you can get to and their families deserve as they face Agency’s programs and provide annual America pretty easily illegally, obvi- the hardships imposed by continuing reports to Congress on progress toward ously. You can walk across the street military operations around the world. achieving those baselines. in some places. So you have to control For example, the bill would extend The bill also includes important leg- the border. over 30 types of bonuses and special islative provisions that would promote Visa overstays are 40 percent of the pays aimed at encouraging enlistment, DOD’s cybersecurity and energy secu- illegal immigration problem. If you do reenlistment, and continued service by rity efforts—two important initiatives not do that, then you are never going Active-Duty and Reserve military per- that would help strengthen our na- to stop the third wave of illegal immi- sonnel. tional defense and our Nation. gration. You have to deal with why The bill would authorize continued This bill does include a handful of they come: to get jobs. We need better TRICARE coverage for eligible depend- contentious provisions on which there employer verification. We need a tem- ents of servicemembers up to age 26. is disagreement in the Senate. These porary worker program so employers The bill would improve care for our provisions were debated in committee. can hire people in a win-win situation, wounded warriors by addressing inequi- I expect them to be debated again on where people from other countries can ties in rules for involuntary adminis- the Senate floor, if we can proceed to- come here and work, make some trative separations based on medical morrow, as I hope we can. We are going money, and go back home. It helps us; conditions and requiring new education to have votes on a number of those it helps them. That is what you need to and training programs on the use of issues and other contentious issues, do with immigration, comprehensive pharmaceuticals for patients in wound- and the Senate will work its will if we reform. ed warrior units. are allowed to get to the point where The DREAM Act is about November The bill would authorize and allow we can debate this bill. politics. It is an emotional topic that if the waiver of maximum age limita- One of the issues which has been you did it in isolation would be under- tions to enable certain highly qualified raised is whether amendments should cutting comprehensive reform. Cer- enlisted members who served in Oper- be offered or are offerable to this bill, tainly it has nothing to do with defense ation Iraqi Freedom or Operation En- such as the DREAM Act, which are not

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7194 CONGRESSIONAL RECORD — SENATE September 20, 2010 relevant to the bill. The Senator from is acting under the rules. Here is the process we use in our Arizona recently said the following, I supported the McCain amendment committee. This is how we accomplish and he has repeated it: at that time, and I also supported the where we are today. Every year, our [F]or many, many years, we never put any right of the Senator from Arizona to committee staff works hard to identify extraneous items on the [DOD authorization] offer it, not because it was relevant to excess or unneeded spending in the De- bill, because it was so important to defense the defense authorization bill—it was fense budget request. For example, we and we just didn’t allow it. not—but because it was the only oppor- identify unsuccessful programs where He continued: tunity, apparently, to consider that we appear to be sending good money Starting last year, Carl Levin and Harry bill, and it was the right thing to do, in after bad, programs that are getting Reid put hate crimes on it. my judgment. money before they need it or are get- The Senator from Arizona is incor- By a vote of 57 to 42, the Senate ting more money than they can reason- rect. He is incorrect on a number of ac- agreed, and the nonrelevant McCain ably spend in a year; programs that counts. First of all, the Senate pre- amendment was adopted to the defense cannot spend all the money they have viously considered hate crimes amend- authorization bill. By the way, by com- because of schedule delays, and pro- ments to the national defense author- parison, last year’s hate crimes amend- grams that are scheduled to receive ization bill. We did it in 2001. We did it ment was adopted by a vote of 63 to 28. funding increases, even though the re- in 2005. We did it again in 2008 on the Particular concern has also been ex- quirement is declining. We would not national defense authorization bill. It pressed about the committee’s decision be doing our job for the Congress and was not the first time that hate crimes to cut $1 billion of the $2 billion that the American people if we fail to un- was added to the defense authorization the President requested for the Iraq Se- dertake a thorough review and to cut bill, and each time the hate crimes curity Forces Fund. This decision of excess or unneeded spending from the amendment was approved by over- the committee was consistent with the budget. When we find unneeded spend- whelming bipartisan votes: 57 to 42, 65 previously expressed view of the Armed ing, we are then able to shift it to sup- to 33, and 60 to 39. It received anywhere Services Committee and of the Con- port added force structure or force from 8 to 18 Republican votes. The only gress that the Government of Iraq modernization and the quality of life thing that was new about last year’s should assume a greater responsibility for our troops. This is much the same action relative to hate crimes was that for the financial burden of building process that the Secretary of Defense for the first time the provision was not Iraqi security forces as U.S. forces goes through to identify excess over- dropped in conference. It was included draw down. head, duplicative programs and other in the enacted legislation. The Iraqis are in a better position to wasteful spending and shift the funds Secondly, the Senator from Arizona pay for their defense than we are. Last to higher priority defense needs. is incorrect when he says ‘‘we never year, we provided only $1 billion. We This year, we reviewed the Depart- put any extraneous items on the [de- should not be increasing that amount ment’s $725 billion budget proposal and fense authorization] bill . . . we just as Iraqi resources and finances get identified several billion dollars of didn’t allow it’’ is incorrect for another stronger and their oil revenues get unneeded spending—just over one-half reason. During our consideration of De- higher. of 1 percent of the total budget. What fense Authorization Acts over the last The American taxpayers have al- did we spend the money on? Mainly dozen years, and before, the Senate has ready paid over $18 billion to build the modernizing weapons systems, sup- debated other amendments, nonrel- capacity of the Iraqi Army and police. porting readiness, and supporting the evant amendments, on many issues, in- By contrast, the Government of Iraq troops. More specifically, this is what cluding on concealed weapons, inde- has failed to adequately invest in its the committee proposes to spend the cency standards, the extension of pay- own security forces. According to a re- money on that was cut as unneeded go budget procedures, and secret holds cent DOD report, the Iraqi Ministry of from other programs. on nominations, among other issues. Defense requested $7.4 billion in 2010, This is a relatively long list, but I do As a matter of fact, in the year 2000, but the Ministry of Finance approved wish to give a fairly extensive list of the Senator from Arizona offered a only $4.9 billion, choosing to fund little what the additional spending was by nonrelevant amendment to the defense more than personnel costs and to rely the Armed Services Committee when authorization bill. His amendment pro- almost entirely on the United States to we found that some of the spending in posed to require campaign finance dis- pay for even the most basic equipment the budget was unneeded for the rea- closure by the so-called 527 organiza- needed by the Iraqi Army. Iraq, which sons I just gave. tions as an amendment to national de- according to GAO analysis, has a cu- Here is a list: $532 million to fully fense authorization. Senator WARNER mulative budget surplus of $52 billion fund high-priority requirements identi- opposed it, as floor manager of the bill. through the end of fiscal year 2009 and fied by the Chief of Naval Operations Senator WARNER, as chairman and as much as $5 billion in unspent secu- for ship depot maintenance, aircraft floor manager, argued it was not rel- rity funds, should be well positioned to depot maintenance, and spare parts; evant to the bill. Indeed, Senator WAR- pay for its own military equipment in- $363 million to improve missile defense NER argued it could endanger the pas- stead of coming to us for large hand- capabilities against existing regional sage of the bill and urged Senator outs. missile threats and provide better pro- MCCAIN not to offer that nonrelevant The argument has been made that tection against such missiles for our amendment. Senator MCCAIN’s re- the money the committee cut from the deployed forces and our allies; $337 mil- sponse: Iraqi Security Forces Fund was used to lion to fully fund high priority weapons I yield to no one in this body as to my ad- pay for porkbarrel projects. However, sustainment and depot maintenance re- vocacy for our Nation’s defense and the men the definition of ‘‘porkbarrel projects’’ quirements identified by the Air Force and women in the military. used for this purpose appears to be any- Chief of Staff; $325 million to procure He continued: thing other than what the administra- additional F–18 aircraft to address a But if we want to give these men and tion requests. I question why spending looming shortfall of strike fighter air- women in the military confidence in their money on Iraqi troops should be con- craft and take advantage of better Government, we should have fully disclosed sidered good government, but if we prices we will get through a multiyear who it is that contributes to the political spend the same amount of money on contract; $310 million for new facili- campaigns. our own military instead, it is consid- ties, all of which meet the McCain- When Senator WARNER was asked if ered wasteful porkbarrel spending. We Glenn screening requirements for mili- he was upset with Senator MCCAIN for could have no higher priority as a com- tary construction and have been deter- tying up the Senate with nonrelevant mittee or as a Congress than sup- mined by the military to be mission es- amendments on the defense authoriza- porting our own defense, and I am sential, to support operations and tion bill, Senator WARNER stated: proud of the fact that our bill would in- training, and ensure that our troops I don’t get upset at anything. The man— crease the money available for this are ready for deployment; $244 million The Senator he is referring to, Sen- purpose by cutting back on subsidies to augment the capability of our com- ator MCCAIN— for the Iraqis. munications satellites, continue the

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7195 development of infrared sensors for der-fired weapons and make oper- our troops. Others may disagree. Some next-generation satellites, and provide ational system improvements on Navy may honestly believe that any spend- for improved space protection and ships; $70 million to modernize Navy ing not included in the administration space situational awareness; $213 mil- facilities and improve their capability budget, no matter how important it lion for advanced technologies, for ad- to support current operations and new may be to the military, is wasteful. vanced weapons systems, including technology developments; $59 million However, we will not be able to have basic and applied research and mate- for upgrades for Army weapons sys- that debate and vote on any amend- rials, science for lighter and stronger tems to enhance operational capabili- ments to the funding proposed by the materials, new sensors, lasers, and in- ties and modernize the force; $58 mil- committee unless we vote tomorrow to formation technology; $184 million for lion for cyber-security technology de- proceed to consideration of this bill. unfunded procurement priorities iden- velopment and demonstrations to en- We currently have 50,000 U.S. sol- tified by the Army Chief of Staff to hance protections available for critical diers, sailors, airmen, and marines on meet force protection, mobility, com- DOD infrastructure and information; the ground in Iraq and roughly twice as munication, and other needs for de- $57 million for advanced manufacturing many in Afghanistan. While there are ployed forces in Afghanistan, including technologies to reduce the time re- some issues on which we may disagree, the Line of Communication Bridge, the quired to produce high-demand items I think we all know we must provide Lightweight Counter-Mortar Radar, such as body and vehicle armor, IED our troops the support they need as the Defense Advanced Global Posi- jammers and MRAP vehicles and to long as they remain in harm’s way. tioning System Receiver, the Tactical modernize the Department of Defense Senate action on the National Defense Local Area Network, and the Forward test capabilities facilities to ensure Authorization Act for Fiscal Year 2011 Entry Device for the artillery tactical that new weapons systems meet will improve the quality of life of our data system; $170 million for the De- warfighter requirements; $56 million men and women in uniform. It will give partment’s Energy Conservation Im- for communications facilities and spe- them the tools they need to remain the provement Program to competitively cial operations facilities, all of which most effective fighting force in the fund meritorious programs that have a have been determined by the military world. Most important of all, it will savings-to-investment ratio of 1.25 or to be mission essential; $46 million for send an important message that we as higher and a simple payback period of nonproliferation programs, including a nation stand behind them and appre- 10 years or less; $113 million for un- the screening of cargo containers com- ciate their service. funded requirements identified by the ing into the United States, plutonium I hope our colleagues will allow us to Commander of U.S. Special Operations disposition, and related research and proceed to consideration of this bill. Command for ground mobility vehicles, development; $45 million for Impact There obviously will be many amend- deployable communications equip- Aid to ensure a quality education for ments offered, some to change or strike ment, thermal and night vision gog- military dependents by compensating the language which is in the bill. That gles, and nonlethal weapons tech- local school districts that lose property is understandable. There will be some nologies; $102 million to continue the tax revenue due to the presence of tax- amendments aimed at adding provi- JSTARS reengining program to ensure exempt military installations; $35 mil- sions to the bill, and that is not un- that these aircraft have the onstation lion for the National Guard to assist usual either. As I said, both relevant capability needed to provide real-time State and local law enforcement with and nonrelevant amendments have intelligence to our ground forces en- counternarcotics operations; $34 mil- been debated to this bill in the past. It gaged in combat; $100 million to en- lion for the Department of Defense in- is not unusual. It complicates, obvi- hance the safety and reliability of our spector general to continue growth de- ously, the life of the manager, but that nuclear weapons by providing funding signed to provide more effective over- is what we are here for, to consider needed for facility design, mainte- sight and help identify waste, fraud, amendments—both relevant and non- nance, and upgrades, provide diag- and abuse in Department of Defense relevant amendments—to the bill and nostic equipment, and address oper- programs; $30 million to reduce tech- to try to get a Defense bill passed. ational safety issues; $100 million for nical risk and increase program per- I hope we can make progress on this new quality-of-life facilities such as formance in the Army’s Paladin self- bill this week. As somebody who may dormitories, emergency service cen- propelled howitzer integrated manage- be overly optimistic, I would love to ters, and health clinics, all of which ment program; $26 million for simula- see this bill passed prior to our next re- have been determined by the military tors and trainers for the Army to re- cess. But our goal should be to make to be mission essential; $88 million for duce training costs and increase the progress on this bill, and in order to do research and development to reduce preparedness of our troops for the bat- that, we will need to adopt cloture to- the Department’s dependency on fossil tlefield in Iraq and Afghanistan; and morrow. I hope the Senate does that. fuels through improved energy storage, $25 million to fund a competitive pro- I yield the floor. power systems, renewable energy pro- gram to protect critical mission train- The ACTING PRESIDENT pro tem- duction, and energy efficiency in De- ing sites by preventing or reducing en- pore. The Senator from Arizona. fense programs; $78 million for intel- croachment through the creation of Mr. MCCAIN. Mr. President, I will be ligence, surveillance and reconnais- compatible-use buffer zones. brief because I know there will be a lot sance activities and programs that are These are real military needs. These more debate tomorrow. delivering critical capabilities for our are not ‘‘bridges to nowhere’’—quite The distinguished chairman just troops in Afghanistan; $78 million to the opposite. This year, we took $75 mentioned a number of authorized pro- meet antiterrorism and force protec- million that the Department of Defense grams that sound pretty good. They tion requirements at military bases; planned to spend on military museums were put in without debate, discussion $76 million to improve the combat ca- and spent it instead on more imme- or amendments. He also left out sev- pability of Navy submarines; $72 mil- diate military needs consistent with eral that might be of interest to tax- lion for improved medical care for our our committee policy that military payers, which may be the reason why troops and their families, including $22 museums should be funded through pri- we see such anger about the kind of million for continuity of medical care vate donations rather than taxpayer spending—out-of-control spending and and to prevent increases in fees and $50 funds. unnecessary spending. million for critical medical research on I am not going to tell the Presiding Here is $1 million for foreign lan- trauma care, blast injuries, visual im- Officer or anybody else that every guage correlation and translation; $3 pairment, and other battlefield-related judgment the committee made was cor- million for plant-based vaccine devel- injuries; $71 million to improve the rect. There is no way I could agree to opment; $4.5 million for decision and Navy’s ability to operate with un- that. In fact, some of the decisions we energy reduction tool. The list goes on manned systems, improve counter- made I didn’t agree with, but I can say and on. Here is $5 million for operator measures and improve the ability of the money that was added was added driving simulator; $1 million for Per- DOD air and sea systems to handle for what we saw as needed measures to mafrost Tunnel; $2.5 million for body threats from enemy missiles and shoul- modernize our forces and provide for temperature conditioner.

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7196 CONGRESSIONAL RECORD — SENATE September 20, 2010 All of these, in the eyes of the chair- That is not right. We are in two wars. The ACTING PRESIDENT pro tem- man, are more important than taking Should we not assess the impact on the pore. The clerk will call the roll. care of our allies and cementing suc- readiness, the morale, and effective- The assistant legislative clerk pro- cess in our operations in Iraq, which ness of the men and women who are in ceeded to call the roll. was a result of the surge which the harm’s way, who would be affected by Mr. LEVIN. Mr. President, I ask chairman, of course, adamantly op- the repeal of don’t ask, don’t tell? unanimous consent that the order for posed. Should we not have that assessment? the quorum call be rescinded. Here is $7.6 million for a Quiet Pro- What the chairman has done and The PRESIDING OFFICER (Mr. pulsion Load House; $3 million for what the majority of the Democrats KAUFMAN). Without objection, it is so tribology research. The list goes on and have done is in blatant disregard for ordered. on: $8 million for a physical fitness the morale, effectiveness, recruitment, Mr. LEVIN. Mr. President, I am center. and retention of the men and women going to briefly comment on a number By the way, none of these were re- serving in the military today. Why of points the Senator from Arizona quested by the Department of Defense. couldn’t we have done what our service made. First, he read a list of items that So we will be going into this some chiefs want and what our senior en- he thought were wasteful items that more tomorrow, and we will request an listed people want, and that is an as- we added to the bill. I went through a earmark for where they went—one of sessment of battle effectiveness and long list of the items we added to the the key elements of it. None of it is morale regarding a repeal of it, and bill, probably three pages of types of completed. All of those earmarks are then decide whether to repeal don’t items that we added in the Armed designated for certain places and cer- ask, don’t tell? Services Committee that support the tain manufacturers. It is something This is really a remarkable act on troops, their readiness, their capabili- the people of this country, again, the part of the Democrats because this ties, their benefits. He suggested—in fact, stated that steadfastly are in opposition to. is a political issue, just as the DREAM I was interested to hear the chairman Act is a political issue. It is a political these spending items were put in the talk about amendments being allowed issue. I understand the season. I under- bill without debate, discussion, or amendment. I first want to comment and that there will be debate and dis- stand it is not that far between now on that because, as the Presiding Offi- cussion. That is not the message we and the elections. But to use the De- cer knows as a very valued and es- got through the media, which the ma- fense bill, which has to do with defend- teemed member of our committee, we jority leader didn’t share with us. My ing our national security interests spent days on markup. I think we have understanding is that we are going to when we are in two wars, to pursue a at least 60 amendments—at least that take up three issues. He is going to fill social agenda and legislative agenda to galvanize voting blocks I think is rep- is my recollection. up the tree, which means no other Every proposed funding item in this amendments will be allowed. The rehensible. We will be talking a lot about this in bill and every item of the bill and re- issues will be the secret holds, the port language was shared with the mi- DREAM Act, and, of course, don’t ask, the next day or so. I appeal to the American people, who understand what nority staff at least a full week before don’t tell. I hope the chairman is accu- the beginning of the markup. This is, rate here because there are many we are about here. I wish to return to the DREAM Act by the way, about twice as much time issues that many Americans would feel for another minute. If we enact any as was provided by any other com- are very important: treatment of ter- legislation that provides people with mittee chairman I can remember in the rorists, Guantanamo Bay, and so many citizenship in this country without se- 30-plus years I have been here in order other issues that affect the readiness of curing our borders, then we have to give the minority staff an oppor- the men and women and their training placed ourselves in a situation where tunity to look at what the proposed and ability, as opposed to the DREAM we will have more people in this coun- markup documents were. Act and a repeal of don’t ask, don’t try illegally and we will have to ad- We then provided the minority staff tell. dress that issue again. It is no longer a with several days to suggest changes to Let me point out again that this border issue; it is a national security the proposed language. A number of issue is not on don’t ask, don’t tell, not issue. The drug cartels and the human significant changes, as a matter of an assessment of the effect on the read- smugglers have now posed a threat to fact, were made on the basis of those iness and morale of the men and our Nation’s security. That is why our discussions and recommendations from women in the military. This language Secretary of State, just a couple weeks the minority staff. is a repeal, then signed onto by the ago, said the situation in Mexico was After the changes were made, then President of the United States, the comparable to that of Colombia in the the full package was provided to all the Secretary of Defense, and the Chair- 1980s, when they had an active insur- members of the committee and their man of the Joint Chiefs of Staff. One gency called the FARC. staffs. Again, several days earlier than wonders, what about the Chief of Staff To use the Defense authorization bill this had been done in any previous of the Army? What about the Chief of as a vehicle to enact legislation, which year. So every item the Senator from Naval Operations, the Commandant of there would be numerous amendments Arizona mentioned, like every other the Marine Corps, and the Chief of to, there would be hours and hours of spending item in the bill, was subject Staff of the Air Force, all of whom debate—by the way, the amendment I to amendment in committee. I believe have objected to this provision because proposed about 10 years ago was a rifle it was 2 days of committee delibera- it is being railroaded through without shot on a specific issue. This is, of tions. Again, dozens and dozens of a proper assessment on the morale and course, a major piece of legislation amendments were adopted, some de- effectiveness of our military? that affects at least, I am told, 800,000 feated. But a large number of amend- I read from the bill itself that this people who are living in this country ments were dealt with. Secretary’s memorandum says: illegally. The opportunity was more than I . . . determine any impacts to military I hope that we will return to the days think has historically been the case for readiness, military effectiveness, unit cohe- I remember in the past when we had the minority staff, and obviously the sion [et cetera] that may result from repeal unlimited amendments, unlimited de- majority staff as well, to make rec- of the law. bate, and that we move forward in a bi- ommendations for changes prior to the That may result from the repeal of partisan fashion on this issue. Unfortu- markup document being presented to the law. Every provision says that the nately, the politicization of this very members for amendment, and many of law will be repealed if the President, important legislation that affects our those changes were made. the Secretary of Defense, and the ability to fight and win wars is being Now, just a couple of examples that Chairman of the Joint Chiefs of Staff compromised for short-term political the Senator from Arizona used as being sign off on a report that doesn’t assess purposes. evidence of wasteful spending that we the effect on morale and readiness of I yield the floor. added. One was $3 million for plant- the men and women in the military. It Mr. LEVIN. Mr. President, I suggest based vaccine development. The back- would only assess impacts of repeal. the absence of a quorum. ground for that $3 million we added is

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7197 the Department of Defense has been This policy will stay in effect unless being and success of our men and working to develop rapid processes for and until there is, No. 1, a report— women in the Armed Forces, it seems manufacturing vaccines for a variety of which is underway now—which the to me, is totally inconsistent with biological threat agents in order to Secretary of Defense is going to pro- what the Armed Services Committee safeguard our troops in the battlefield. vide to the Congress relative to the im- and this Senate need to be about, The most promising path so far to a pact of the change in policy. But, sec- which is providing for the defense and speedy response for new vaccines is the ondly, the policy will stay in effect security of the country and the well use of plants to produce millions of until the President transmits—that is being of the men and women who put vaccine doses in a matter of weeks at a unless and until—the President trans- on the uniform of this country. very low cost, as compared to the 6- mits to the congressional defense com- So I hope we will get cloture tomor- plus months for standard production mittees a written certification signed row and proceed to the debate, which is processes that cost many times as by the President, Secretary of Defense, totally appropriate, on a whole bunch much. Chairman of the Joint Chiefs of Staff, of issues. So that funding is very valuable stating, again, the standards of mili- I yield the floor and suggest the ab- funding. I do not think most objective tary readiness, military effectiveness, sence of a quorum. observers would consider that to be unit cohesion, and recruiting and re- The PRESIDING OFFICER. The pork. It will help meet military needs tention of the Armed Forces are being clerk will call the roll. by continuing the progress toward met and would be met with a change in The legislative clerk proceeded to rapid, tailored vaccine production for policy. call the roll. new diseases for biological threats. Those are just two points the Sen- Mr. LEVIN. Mr. President, I ask Another one which was mentioned by ator from Arizona made that I wish to unanimous consent that the order for my friend from Arizona was the money commend at this time. I believe there the quorum call be rescinded. we added for a physical fitness center is going to be opportunity for further The PRESIDING OFFICER. Without at the Malmstrom Air Force Base. debate tomorrow something like an objection, it is so ordered. Now, fitness is a military requirement. hour and a half in the morning, al- f According to the Air Force, the exist- though that is being worked on at this MORNING BUSINESS ing fitness center at Malmstrom Air time. Force Base, which was built in 1957, so But further debate on this bill can be Mr. LEVIN. Mr. President, I ask that is now over 50 years ago, ‘‘does not had by anybody who wishes to proceed unanimous consent that the Senate adequately satisfy personnel or infra- to it. But I hope we can proceed to the proceed to a period of morning busi- structure demands.’’ The Air Force consideration of this bill. This is a mo- ness, with Senators permitted to speak said in the absence of a new fitness tion to proceed to consideration of the therein for up to 10 minutes each. center, ‘‘there will continue to be very bill. All the rights of filibustering and The PRESIDING OFFICER. Without few options to maintain physical fit- extended debate will be preserved on objection, it is so ordered. ness during the winter months.’’ The the bill itself if we can only get to de- project meets the criteria established f bate the bill. Amendments will be for military construction projects more TRIBUTE TO ALICE AND EDWARD available. Either amendments adding than a decade ago by Senators Glenn PALMER or amendments striking will be avail- and MCCAIN. Mr. DURBIN. Mr. President, today I Those are just a couple of the items able. But we have to get to the bill. I recognize Alice and Edward ‘‘Buzz’’ Senator MCCAIN mentioned. Another mean, people are making arguments Palmer for their service and dedication point the Senator from Arizona made about the bill which belong at the time to Chicago’s African-American commu- is that the language relative to don’t of the debate on the bill. But unless we nity. ask, don’t tell does not give the De- can get to the point where we can de- The Palmers have worked for many partment of Defense the opportunity to bate the bill, it is kind of a theoretical years in a variety of capacities to build consider the impact of the change on debate we are having—whether it is a strong, involved, and educated Afri- morale and readiness, recruiting and don’t ask, don’t tell, whether it is the can-American community in the city retention of our troops. Here is what DREAM Act, whether it is other things of Chicago. the language of our bill does. We were which people would either like to Alice graduated from high school at very careful in order to be sure there change that are in the bill or would the age of 16, and with the help of four would be a certification that there like to add to the bill. jobs and a scholarship, she was able to would be no negative impact in terms As my good friend from Delaware attend Indiana University. When she of military readiness, military effec- who is presiding at the moment knows, graduated in 1965, she used her degree tiveness, unit cohesion, and recruiting there are provisions in this bill that I to help others. She became an educa- and retention. opposed in committee that I would like tor. While she taught at Malcolm X We changed the language in the bill to see stricken from the bill. But to op- College, Northwestern University, and so it was not a direct repeal of don’t pose debate on a bill because there are the University of Illinois at Chicago, ask, don’t tell, but rather that that provisions in the bill that we do not she also managed to continue her own policy is going to stay in effect explic- like or we would like to see added, it education, earning a master’s degree itly. This is in subsection C, that don’t seems to me, engages in an exercise from Roosevelt University and a Ph.D. ask, don’t tell shall remain in effect which is not what the intent of the from Northwestern. until such time that all of the require- Senate ever was. We should debate Alice realized that education ex- ments and certifications by subsection bills. We should amend bills. We should tended outside of the classroom, and so B are met. If these requirements and offer amendments to strike provisions, did her work. She helped create voter certifications are not met, section 654 to add provisions. But to deny the Sen- education programs and founded the of title 10—that is the don’t ask, don’t ate the opportunity to get to the point Metropolitan Chicago chapter of the tell policy—shall remain in effect. YMCA’s youth and government pro- One of the certifications that is re- where we are debating on the Defense gram. The YMCA program aims to in- quired before there is a change in pol- authorization bill is something which spire young people to civic engagement icy says: seems to me totally unacceptable. We need to support our troops. This and create opportunities to interact The implementation of necessary policies and regulations pursuant to the discretion bill is a bill to support the men and with the political system through serv- provided by the amendments made by sub- women wearing the uniform of this ice learning and model government. section F— country and their families. One can As a teacher, and later as a legis- Here is the key language— argue there are provisions in this bill lator, Alice firmly believed that all is consistent with the standards of military which should not be in the bill. Fine. students could learn. She made it her readiness, military effectiveness, unit cohe- Debate them. Vote on them. But to say job to see that each student had that sion, and recruiting and retention of the we should not get to the bill which con- opportunity. She began a drop-out Armed Forces. tains provisions so critical for the well intervention program in the Chicago

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7198 CONGRESSIONAL RECORD — SENATE September 20, 2010 Public Schools to give students the Freedom in Helmand province, Afghan- David Jenkins; and his sister Cassie skills and encouragement to stay in istan. He was serving his third tour of Jenkins. school. As an Illinois State senator, duty and was 25 years old. We take pride in the example of this she made it a priority to bring charter John graduated from Southwestern dedicated soldier and great American schools to Chicago. She knew the sta- Shelby High School in 2003 and imme- hero, even as we struggle to express tus quo in the public schools was not diately joined the Marines. John as- our grief over this loss. We cherish the good enough, and she worked to create pired to become a marine from a young legacy of his service and his life. more opportunity for Chicago’s stu- age, hoping to follow in the footsteps of As I search for words to honor this dents. his older brother Tyson. Tyson joined fallen soldier, I recall President Lin- Alice has always strived to provide the Marines in 1993, and each time he coln’s words to the families of the fall- the African-American community with returned home, John would climb into en at Gettysburg: ‘‘We cannot dedicate, the education and tools necessary to his older brother’s Marine uniform. we cannot consecrate, we cannot hal- build a better future. Alice shares that Today, I join John’s family and low this ground. The brave men, living goal with her husband, Buzz. friends in mourning his tragic death. and dead, who struggled here, have Buzz grew up in Chicago and experi- He is survived by his wife Cristle consecrated it, far above our poor enced the racism that plagued the city Bishop, who is expecting their first power to add or detract. The world will in the 1940s and 1950s. After serving in daughter in October; his son K’Sean little note nor long remember what we the Air Force as an elite intelligence Bishop; his mother Sarah Thomas; his say here, but it can never forget what officer, he returned to Chicago and brothers William Bishop, Mike Bishop, they did here.’’ joined the Chicago Police Department. Anthony Thomas, Eric Thomas, Jamey It is my sad duty to enter the name There, Buzz observed firsthand the Bishop, and Tyson Bishop; and his sis- of SSG Phillip Chad Jenkins in the of- tense relationship between the police ters Nancy Braley and Amy Parker. ficial RECORD of the U.S. Senate for his and the African-American community, As we struggle to express our sorrow service to our country and for his pro- and in response, he created the African over this loss, we take pride in the ex- found commitment to freedom, democ- American Patrolman’s League. The ample of this American hero. We cher- racy and peace. league worked within the department ish the legacy of his service and his and the African-American community life. STAFF SERGEANT MICHAEL BOCK to counteract racism and change the As I search for words to honor this Mr. NELSON of Nebraska. Mr. Presi- way the CPD was perceived and the fallen soldier, I recall President Lin- dent, I rise today to honor SSG Mi- way it behaved. coln’s words to the families of the fall- chael Bock of Springfield, NE. In the 1970s, Buzz focused his energy en at Gettysburg: ‘‘We cannot dedicate, Sergeant Bock grew up in Spring- on addressing racial prejudice in the we cannot consecrate, we cannot hal- field, attending Elkhorn Mount Mi- health care system. He started a com- low this ground. The brave men, living chael High School for 2 years before munity group that petitioned local and dead, who struggled here, have moving with his family to Leesburg, hospitals to provide better quality consecrated it, far above our poor FL. About a month after graduating health care for Black families and to power to add or detract. The world will from Leesburg High School in 2002, Ser- hire more African-American medical little note nor long remember what we geant Bock joined the U.S. Marine professionals. He joined with other say here, but it can never forget what Corps. health-focused community groups and they did here.’’ Marrying his high school sweetheart, It is my sad duty to enter the name Chicago area medical schools to create Tiffany, in 2003, Sergeant Bock was of CPL John C. Bishop in the official the Chicago Area Health and Medical very much a family man. According to RECORD of the U.S. Senate for his serv- Careers Program. The program uses Tiffany, no matter what he was doing ice to our country and for his profound structured academics, counseling, mo- or how long he was working, he would commitment to freedom, democracy tivational and financial support to help still call his family. He even got up in and peace. underrepresented minorities pursue de- the middle of the night recently while grees in medicine. STAFF SERGEANT PHILLIP CHAD JENKINS in Afghanistan to get online and watch Over the years, Buzz expanded his Mr. President, I also rise today to Zander, his 3-year-old son, blow out his view and took a keen interest in better honor the life of SSG Phillip Chad Jen- birthday candles. connecting African Americans with the kins of the U.S. Army and Decatur, IN. Sergeant Bock was also very dedi- international community. Together Staff Sergeant Jenkins was assigned cated to his career in the Marine Corps. Alice and Buzz Palmer founded the to B Company, 1st Battalion, 27th In- He served two tours in Iraq and also Black Press Institute to compile and fantry Regiment, 25th Infantry Divi- served in Australia and Indonesia, edit news from Black media outlets sion. He was only 26 years old when he where he received a Marine Corps hu- throughout the United States for dis- lost his life on September 7, 2010, while manitarian ribbon for his help during tribution worldwide. bravely serving during his second tour On October 2 of this year, Alice and of duty in support of Operation New the tsunami recovery in 2004. Buzz Palmer are being honored with Dawn in Balad, Iraq. Staff Sergeant Sergeant Bock’s goals of starting a lifetime achievement awards from the Jenkins’ first tour was in support of college fund for his son and purchasing United Black Fund of Illinois for their Operation Enduring Freedom in Af- a house for his family were interrupted decades of work with the African- ghanistan. on August 13, 2010. He was on his sec- American community in Chicago. I A Decatur native, Staff Sergeant ond deployment in Afghanistan serving congratulate them on this award and Jenkins graduated from Bellmont High with the 3rd Combat Engineer Bat- thank them for their lifetime of dedi- School in 2002 and joined the army talion, 1st Marine Division, I Marine cation to Chicago and the African soon after. While in high school, Staff Expeditionary Force when he was American community. Sergeant Jenkins enjoyed playing the killed while supporting combat oper- ations in the Helmand province. f saxophone in the school band and worked at Scott’s Food & Pharmacy. SSG Michael Bock knew the dangers HONORING OUR ARMED FORCES Staff Sergeant Jenkins was a dedi- he faced and the risks he took. He also CORPORAL JOHN C. BISHOP cated soldier who always went above knew the importance of the work he Mr. BAYH. Mr. President, I rise and beyond the call of duty. One of his did in the Marine Corps on behalf of his today to honor the life of Corporal fellow soldiers, Fritz Bultemeyer, de- fellow Americans. He risked—and ulti- John C. Bishop of the U.S. Marine scribed Staff Sergeant Jenkins as ‘‘a mately sacrificed—his own life so peo- Corps and Versailles, IN. great American fallen hero.’’ ple a world away could have the chance Corporal Bishop was assigned to the Today, I join Staff Sergeant Jenkins’ to enjoy the freedoms he had found in 2nd Battalion, 9th Marine Regiment, family and friends in mourning his America. I join all Nebraskans in 2nd Marine Division. He lost his life on death. He is survived by his wife Me- mourning the loss of Sergeant Bock September 8, 2010, while serving brave- lissa; his two daughters Piper and and in offering my deepest condolences ly in support of Operation Enduring Lindly; his mother and father Rose and to this young hero’s family.

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7199 FIRST LIEUTENANT MARK bust, so the world, which may not know it tries—from the United States to Britain, NOZISKA yet, is overdue for a good multilateral con- France and Germany—to go unnoticed if fab—one that’s not just about the gabbing they ease off the throttle. The unsung suc- Mr. President, I also rise today to but about the doing. The subject of the sum- cesses of the fund should be, well, sung, and honor an American hero 1LT Mark mit meeting at the United Nations this week after this summit meeting, its work needs to Noziska of Papillion, NE. is one whose monumental importance is be fully financed. This would help end the First Lieutenant Noziska vowed to matched only by its minuscule brand rec- absurdity of death by mosquito, and the pre- follow in his grandfather’s footsteps by ognition: the Millennium Development ventable calamity of 1,000 babies being born joining the Army after the attacks of Goals, henceforth known as the M.D.G.’s every day with H.I.V., passed to them by September 11, 2001. He graduated from (God save us from such dull shorthand). their mothers who had no access to the effec- The M.D.G.’s are possibly the most vision- tive, inexpensive medicines that exist. Papillion High School in 2004 and en- ary deal that most people have never heard 2. Governance as an effect multiplier. In listed in the Nebraska Army National of. In the run-up to the 21st century, a grand this column last spring, I described some Af- Guard. In 2005 he was named Soldier of global bargain was negotiated at a series of ricans I’ve met who see corruption as more the Year. While serving in the Guard, summit meetings and then signed in 2000. deadly than the deadliest of diseases, a can- Lieutenant Noziska went on to get a The United Nations’ ‘‘Millennium Declara- cer that eats at the foundation of good gov- degree in criminal justice from the tion’’ pledged to ‘‘ensure that globalization ernance even as the foundation is being University of Nebraska—Omaha. becomes a positive force for all the world’s built. I don’t just mean ‘‘their’’ corruption; I After earning his degree, Lieutenant people,’’ especially the most marginalized in mean ours, too. For example, multinational developing countries. It wasn’t a promise of oil companies. They want oil, and govern- Noziska joined the active Army and be- rich nations to poor ones; it was a pact, a ments of poor countries rich in just one came an officer serving with Company partnership, in which each side would meet thing, black gold, want to sell it to them. All D, 1st Battalion, 22nd Infantry out of obligations to its own citizens and to one an- well and good. Except the way it too often Fort Carson, CO. Lieutenant Noziska other. happens, as democracy campaigners in these was about a month into his tour of Of course, this is the sort of airy-fairy stuff countries point out, is not at all good. Some duty in Afghanistan when his dream of that people at summit meetings tend to say of these companies knowingly participate in eventually earning the rank of general and get away with because no one else can a system of backhanders and bribery that was cut short by an improvised explo- bear to pay attention. The 2000 gathering ends up cheating the host nation and turning was different, though, because signatories what should be a resource blessing into a sive device as he was serving as part of agreed to specific goals on a specific kind of curse of black market cabals. a dismounted patrol conducting clear- timeline: cutting hunger and poverty in half, Well, I’m pleased to give you an update on ance operations. giving all girls and boys a basic education, an intervention that some of us thought of The life and service of 1LT Mark reducing infant and maternal mortality by and fought for as critical: hidden somewhere Noziska represents an example we can two-thirds and three-quarters respectively, in the Dodd-Frank financial reform bill all look up to and seek to emulate. He and reversing the spread of AIDS, tuber- (admit it . . . you haven’t read it all either) served his country honorably and made culosis and malaria. All by 2015. Give it an A there is a hugely significant ‘‘transparency’’ the ultimate sacrifice. Lieutenant for Ambition. amendment, added by Senators Richard So where are we now, 10 years on, with Lugar and Benjamin Cardin. Now energy Noziska made the most of his short some ‘‘first-world’’ economies looking as if companies traded on American exchanges life, and the greatest tragedy is that they could go bang, and some second- and will have to reveal every payment they make now it is impossible to know what third-level economies looking as if they to government officials. If money changes more this promising young man might could be propping us up? hands, it will happen in the open. This is the have accomplished. I join all Nebras- Well, I’d direct you to the plenary sessions kind of daylight that makes the cockroaches kans, indeed all Americans, in mourn- and panel discussions for a detailed answer scurry. ing the loss of Lieutenant Noziska and . . . but if you’re, eh, busy this week . . . my The British government should institute view, based on the data and what I’ve seen on the same requirement for companies trading in offering my deepest condolences to the ground, is that in many places it’s going in Britain, as should the rest of the Euro- this young hero’s family and friends. better than you’d think. pean Union and ultimately all the G–20 na- f Much better, in fact. Tens of millions more tions. According to the African entrepreneur kids are in school thanks to debt cancella- MILLENNIUM DEVELOPMENT Mo Ibrahim, who has emerged as one of the tion. Millions of lives have been saved most important voices on that continent, GOALS through the battle against preventable dis- transparency could do more to transform Af- Mr. LUGAR. Mr. President, I ask ease, thanks especially to the Global Fund to rica than even debt cancellation has. Meas- unanimous consent that the attached Fight AIDS, Tuberculosis and Malaria. Apart ures like this one should be central to any editorial by Bono for the September 19, from fallout from the market meltdown, eco- renewed Millennium Development Goal nomic growth in Africa has been gathering strategy. 2010, New York Times be printed in the pace—over 5 percent per year in the decade And the cost to us is zero, nada. It’s a clear RECORD. The editorial notes the lan- ending in 2009. Poverty declined by 1 percent thought in a traffic jam. guage that I championed with Senator a year from 1999 to 2005. 3. Demand clarity; measure inputs and out- CARDIN on requiring U.S.-listed extrac- The gains made by countries like Ghana puts. tive companies to reveal their pay- show the progress the Millennium Goals Speaking of transparency, let’s have a lit- ments which was incorporated in the have helped create. tle more, please, when it comes to the ques- Dodd-Frank Wall Street Reform and At the same time, the struggles of places tion of who is doing what toward which goal like Congo remind us of the distance left to and to what effect. We have to know where Consumer Protection Act. travel. There are serious headwinds: 64 mil- we are to know how far we’ve left to go. There being no objection, the mate- lion people have been thrown back into pov- Right now it’s near impossible to keep rial was ordered to be printed in the erty as a result of the financial crises, and track. Walk (if you dare) into M.D.G. World RECORD as follows: 150 million are hungry because of the food and you will encounter a dizzying array of [From the New York Times, Sept. 19, 2010] crisis. And extending the metaphor, there vague financing and policy commitments on are storms on the horizon: the poor will be critical issues, from maternal mortality to M.D.G.’S FOR BEGINNERS ... AND FINISHERS hit first—and worst—by climate change. agricultural development. You come across a (By Bono) So there should be no Champagne toasts at load of bureau-babble that too often is used I’ve noticed that New Yorkers, and I some- this year’s summit meeting. The 10th birth- to hide double counting, or mask double times try to pass for one these days, tend to day of our millennium is, or ought to be, a standards. This is the stuff that feeds the greet the word ‘‘summit’’ with an irritated purposeful affair, a redoubling of efforts. cynics. roll of the eyes, a grunt, an impatient glance After all, there’s only five years before 2015, What we need is an independent unit— at the wristwatch. In Manhattan, a summit only five years to make all that Second Ave- made up of people from governments, the has nothing to do with crampons and ice nue gridlock worth it. With that in mind I’d private sector and civil society—to track picks, but refers instead to a large gathering like to offer three near-term tests of our pledges and progress, not just on aid but also of important persons, head-of-state types commitment to the M.D.G.’s. on trade, governance, investment. It’s essen- and their rock-star retinues in the vicinity 1. Find what works and then expand on it. tial for the credibility of the United Nations, of the United Nations building and creates, Will mechanisms like the Global Fund get the M.D.G.’s, and all who work toward them. therefore, a near total immobilization of the the resources to do the job? And that was the deal, wasn’t it? The East Side. Can world peace possibly be worth Energetic, efficient and effective, the fund promise we made at the start of this century this? Never, never . . . Eleanor Roosevelt, saves a staggering 4,000 lives a day. Even a was not to perpetuate the old relationships look what you’ve done . . . . Wall Streeter would have to admit, that’s between donors and recipients, but to create Recent global summit meetings, from Co- some return on investment. But few are new ones, with true partners accountable to penhagen to Toronto, have frankly been a aware of it, a fact that allows key coun- each other and above all to the citizens these

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7200 CONGRESSIONAL RECORD — SENATE September 20, 2010 systems are supposed to work for. Strikes go down. They understand it will be in- doors as a result of such significant reduc- me as the right sort of arrangement for an creasingly difficult to see a doctor—es- tions in reimbursement. It will clearly have age of austerity as well as interdependence. pecially in rural and frontier States an impact on the ability of Medicare bene- (The age of interrupted affluence should like Wyoming. And they understand ficiaries to gain access to needed therapy sharpen our focus on future markets for our services. sake as well as theirs.) the local community hospitals, home Access to necessary therapy services has No leader scheduled to speak at the sum- health agencies, nursing homes, and the potential to decrease costs associated mit meeting is more painfully aware of this skilled nursing facilities will struggle with the management of conditions typically context than President Obama, who one year to keep their doors open. seen by physical therapists under the Medi- ago pledged to put forth a global plan to Over the August work period, I trav- care program. Therapy services are impor- reach the development goals. If promoting eled all across the State of Wyoming— tant to keep Medicare beneficiaries healthy transparency and investing in what works is talking to folks at town meetings, pa- and functioning in their homes or the facili- ties in which they reside. at the core of that strategy, he can assure rades, picnics, fairs, and rodeos. Every- Americans that their dollars are reinforcing Additionally, individuals considering a ca- their values, and their leadership in the one agrees Medicare is going broke— reer in physical therapy may reconsider world is undiminished. Action is required to and that the new health care law does their choice. The inability to serve the reha- make these words, these dull statistics, sing. nothing to fix the problem. In fact, it bilitation needs of seniors and individuals The tune may not be pop but it won’t leave only serves to make a bad situation with disabilities due to unsustainable pay- your head—this practical, achievable idea worse. ment cuts would limit access today and has that the world, now out of kilter, can re-bal- I want to share with the Senate a the potential to worsen health care work- ance itself and offer all, not just some, a force issues in the future. guest editorial printed in the Casper CMS needs to hear from you to understand chance to exit the unfathomable deprivation Journal. Written by Kathy Blair, a that brings about the need for such global the implications the MPPR policy will have bargains. board certified orthopedic physical on physical therapy practices and the I understand the critics who groan or therapist, the article explains how pro- healthcare of all Medicare recipients. Com- snooze through the pious pronouncements we posed Medicare reimbursement cuts to ments must be received by an Aug. 24 dead- will hear from the podium in the General As- physical and occupational therapists line and can be submitted electronically at sembly. But still in my heart and mind, will limit patient access to medical http://www.regulations.gov/search/Regs/home undiminished and undaunted, is this thought care. .&fnl;html planted by Nelson Mandela in his quest to #submitComment?R=0900006480b182c9. On Friday, June 25, 2010, the Obama For contact information about mailing let- tackle extreme poverty: ‘‘Sometimes it falls administration released its proposed upon a generation to be great.’’ ters to comment, call Wind City Physical We have a lot to prove, but if the M.D.G. 2011 Physician Fee Schedule rule and Therapy at 235–3910. Please allow adequate agreement had not been made in 2000, much regulation. The draft rule sets Medi- time for letter delivery before the comment less would have happened than has happened. care payments for individual physician period ends. Already, we’ve seen transformative results services. As Kathy’s editorial explains, f for millions of people whose lives are shaped the new health care law requires the 2010 DAVIDSON FELLOW AWARD by the priorities of people they will never Administration to institute a so-called RECIPIENTS know or meet—the very people causing grid- Multiple Procedure Payment Reduc- lock this week. For this at least, the world tion—MPPR. Originally designed to Mr. GRASSLEY. Mr. President, should thank New Yorkers for the loan of today, I have the distinct pleasure of their city. impact payment for multiple surgeries performed simultaneously, the admin- recognizing before the Senate some of f istration now plans to apply the MPPR the most talented and brightest young people in the United States. The 2010 PHYSICIAN FEE SCHEDULE: policy to physical and occupational Davidson Fellows Award is being given IMPACT ON THERAPY SERVICES therapy services. This move is expected to cut Medicare physical and occupa- to 20 young students who are under the Mr. BARRASSO. Mr. President, for tional therapy payments next year by age of 18 and have already dem- the past 6 months I have come to the 12 percent. onstrated superior ability and achieve- floor of the U.S. Senate to offer my I thank Kathy Blair for bringing this ment in the areas science, music, lit- doctor’s ‘‘second opinion’’ about the important matter to the Senate’s at- erature, mathematics, and technology. health reform law. Day after day, week tention and ask unanimous consent to I would like to take this time to recog- after week, we continue to see dis- have her editorial printed in the nize each of these extraordinary young turbing news reports uncovering the RECORD. individuals and their projects. law’s consequences—consequences that There being no objection, the mate- In the area of science, we have 12 restrict individual freedoms, erode pa- rial was ordered to be printed in the young students with remarkable tient access to medical care, and in- RECORD, as follows: projects that have contributed to sci- crease our Nation’s debt and deficit. [From the Casper Journal, Aug. 18–24, 2010] entific progress. This includes Kyle Specifically, I have listened closely Loh, a 16-year-old young man from PROPOSED MEDICARE POLICY MAY REDUCE as President Obama and congressional PHYSICAL THERAPY SERVICES Piscataway, NJ, who conducted screen- Democrats repeatedly try to convince ing of chemical libraries and identified (By Dr. Kathy Blair) the American people that the health compounds that can help convert care law does not cut Medicare. Having On June 25, 2010, the Centers for Medicare human and mouse skin cells into and Medicaid Services (CMS) issued a pro- practiced medicine for well over two posed rule that updates 2011 payment rates pluripotent stem cells. Pluripotent decades, I can tell you that the Na- for physician services, outpatient physical stem cells have the potential to dif- tion’s Medicare patients and Medicare therapy services and other services. In the ferentiate into many different cell providers are not fooled. They know rule, CMS proposes to implement a multiple types. The chemical compounds he the Democrat’s health care law cuts procedure payment reduction (MPPR) policy identified obviate the need to destroy over $500 billion from the Medicare that would result in significant reductions in embryos. Kyle’s studies advance regen- Program. They know the law does not payment for outpatient therapy services, re- erative medicine and provide insights use that money to make sure Medicare gardless of the setting in which the services into the molecular mechanisms that are delivered. It will apply to physician of- is strong and solvent for generations to fices, outpatient private practice settings underlie the conversion of skin cells come. They know the law raids Medi- and outpatient services in hospitals, as well into pluripotent stem cells. care and uses the money to start a as some home health and skilled nursing Jonathan Rajaseelan, a 17-year-old brand new entitlement program for the services (Part B). young man from Millersville, PA, syn- nonelderly. Estimates indicate that these changes will thesized six new chemical carbene com- America’s seniors, and the medical result in a 12- to 13-percent decrease in pay- plexes of the metal Rhodium. Rhodium professionals who treat them, under- ment for outpatient physical therapy serv- complexes act as catalysts in multiple stand that if we take over $500 billion ices in 2011. These cuts, along with the sus- organic synthesis reactions, including tainable growth rate (SCR) cuts and therapy away from Medicare then patients will cap, would combine to reduce reimbursement the manufacturing of pharmaceuticals lose benefits. They understand that if by as much as 35 percent in 2011. and industrial chemicals. The catalytic we take over $500 billion away from Physical therapists may have to elect not effects of his complexes make these Medicare, then the quality of care will to see Medicare beneficiaries or close their processes safer, inexpensive, and less

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7201 environmentally hazardous by elimi- ation, chemotherapy, and surgical re- bon nanotube-based drug-delivery sys- nating the need for large quantities of section are ineffective in immune re- tem for tumor targeted chemotherapy hydrogen gas, a dangerous explosive. sponses against tumor cells. Merry and photo-therapy of cancer, a dual Jonathan’s work has the potential to found that therapeutic ultrasound therapy. This versatile platform at- contribute to greener methods of mak- causes stress and light damage to tacks tumors on two fronts and miti- ing medicines, pharmaceuticals, and tumor cells, which alerts the immune gates the severe side effects associated other chemical products. system to respond and target the with conventional chemotherapy. He Eric Brooks, a 16-year-old young man tumor. Her results demonstrate the also investigated a gadonanotube for from Hewlett, NY, studied the genetic possibility of a novel, non-invasive, the development of a new drug delivery factors affecting metastatic progres- non-toxic cancer therapy that treats system. Sahil’s system has the poten- sion of prostate cancer. Approximately solid tumors as well as systemic metas- tial to both diagnose cancer at an ear- 30 percent of men with prostate cancer tases. lier stage and provide the dual therapy will die from it, but it is difficult to James Ting, a 17-year-old young man mechanism to efficiently combat it. predict who will get the metastatic di- from Holmdel, NJ, synthesized bismuth In the area of music, there are two agnosis. Eric developed models based nanowires which demonstrate quantum talented young musicians that have on evolutionary selection to identify confinement, the reduction of electrons produced significant contributions to genes that may affect metastatic po- to a one-dimensional axis. By using the art of music. Yeeren Low, a 13- tential either positively or negatively. physical vapor deposition, he created year-old young man from East His observations may be used to design lawns of bismuth nanowires as well as Stroudsburg, PA, explored and experi- better clinical predictors to indicate isolating single nanowires to add to sil- mented with sound in various aspects who must undergo painful treatment icon chips. James’ research focuses on of music through five compositions. In and for whom the treatment is unnec- the creation of single electron transis- his portfolio, Art of Sound, his goal is to enrich the body of the contemporary essary. tors, which are useful in the new field Meredith Lehmann, a 14-year-old of spintronics. The spins of these elec- classical music genre, and create new young woman from La Jolla, CA, re- trons could then be harnessed and used musical expressions and listening expe- searched the spread of epidemics. Using for information storage and act as the riences. Yeeren is particularly inter- ested in promoting greater awareness trip data from all 3,076 counties in the building blocks for quantum com- and exposure to the richness of the continental United States, she found puters. Scott Boisvert, a 16-year-old young classical music genre, thus contrib- long distance auto travel, which ac- man from Chandler, AZ, demonstrated uting to its wider recognition, appre- counts for five times as many pas- a link between amphibian aquatic envi- ciation and overall advancement. senger-miles as air travel, governs sim- ronments and the growth of pathogenic Kevin Hu, a 16-year-old young man ulated epidemic evolution. Large hub fungus, Batrachochytrium from Naperville, IL, traverses the globe airports near population centers are dendrobatidis, which has contributed and explores cross-sections of human- not disproportionately more important to the loss of over 32 percent of am- ity in his violin portfolio, in contrast to existing research. phibian species worldwide. Using ion Sociomusicology: Exploring and Shar- Meredith’s findings suggest epidemic chromatography and ion-coupled plas- ing the Worlds of Music. His portfolio models should incorporate automobile ma spectrometry, Scott studied how includes selections of music that, at and air travel data, but transportation the water chemistry of a habitat af- times, were repressed by political re- network restrictions are unlikely to be fects the growth of the microorganism. gimes, or conversely, celebrated for effective. Scott’s project has broad implications their heartbreaking beauty, all while Laurie Rumker, a 17-year-old young for understanding the pathogen’s pro- representing an array of raw humanity. woman from Portland, OR, inves- pensity to infect an amphibian host Kevin’s goal is to present music as a tigated the susceptibility of and controlling the spread of infection, tangible and dynamic tool in human organoclay to biodegradation by micro- benefiting conservation efforts. healing, self-discovery, and dignity. organisms within river sediments. Janie Gu, a 16-year-old young woman In the area of literature, we have one Organoclay is a chemically modified from Morganville, NJ, researched noise creative and inspired student, John Mi- clay material used to prevent hydro- reduction of atomic magnetometer sys- chael Colon, a 17-year-old young man phobic pollutants from rising into the tems, advanced devices that measure from Wayside, NJ. John’s portfolio, Art water ecosystem. Through magnetic fields with extreme precision. as Empathy: A Study of the Syncretic spectrophotometric analyses and oxy- To increase the signal-to-noise ratio, Potential of Literature, demonstrates gen uptake tests, Laurie found bio- she tested the loss factors, such as the utility of literature and art in soci- degradation of the chemical structures measurements of magnetic noise pro- ety. He writes that although human within organoclay which could impair duced, of various ferromagnetic mate- beings want to communicate their fun- the ability of the organoclay to adsorb rials for use in the magnetic shield damental experience, this worldview is and retain pollutants. Laurie’s work around the system, improving the pre- too ineffable to express directly; art has important implications for the cision by more than 44 percent. Janie’s and literature articulate this on a vis- treatment of contaminated sediments. work has applications in the military, ceral level. John Michael proposes Benjamin Song, a 16-year-old young medicine, information storage, mineral through art and literature, the expres- man from Audubon, PA, researched and oil detection, space exploration sion of ideas can help tame the tend- colon cancer biomarkers in urine. and fundamental physics experiments. ency to dehumanize others by helping Colon cancer is the second leading Rebecca Jolitz, a 15-year-old young us see their ideas the same way we see cause of cancer death in the United woman from Los Gatos, CA, examined ours, inspiring empathy. States, even with the sensitive but whether hypolithic cyanobacteria, a We have two bright young individ- invasive colonoscopy. Benjamin de- photosynthetic organism found under uals whose projects have advanced the signed and tested polymerase chain re- rocks in climatically extreme environ- field of mathematics. Damien Jiang, a action assays targeting a known colon ments, could theoretically have enough 17-year-old young man from Raleigh, cancer epigenetic marker. His work sunlight to survive on Mars. Using an NC, studied the parallel chip-firing shows potential for a urine test for original computer program that simu- game, PCFG. Though not a game, the colon cancer that is noninvasive, fast, lated a million individual beams of PCFG is played on a graph, or network affordable, and sensitive. In addition, sunlight hitting a Martian rock, Re- of nodes and edges, and is closely re- his method could be adapted to vir- becca found that there was enough lated to a variety of mathematical tually any cancers with known DNA al- light for cyanobacteria to survive on models for complex phenomena such as terations. Mars, indicating that Mars may not be earthquakes, avalanches, and forest Merry Sun, a 16-year-old young a dead world. Rebecca’s research could fires. By running computer simulations woman from Chappaqua, NY, studied help to discover the means through of randomized PCFGs, Damien studied therapeutic ultrasound’s potential in which life on Mars may exist. their tendency to reach a cycle of re- treating recurrent and metastatic can- Sahil Khetpal, a 17-year-old young peating configurations, and mathe- cers. Traditional therapies like radi- man from Plano, TX, developed a car- matically proved a theorem about its

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7202 CONGRESSIONAL RECORD — SENATE September 20, 2010 behavior on a graph. Damien’s work contribute to society throughout their ute to a retiring member of the Fourth has broad applications in disaster pre- lives, thanks in no small part to the Estate in my home State of South Da- paredness. encouragement of the Davidson Insti- kota. David Kranz is retiring after a Jonathan Li, a 17-year-old young tute as well as their parents and men- journalism career that has spanned 42 man from Laguna Niguel, CA, devel- tors. They are an inspiration and a re- years, an impressive mark in any pro- oped a mathematical model and com- minder that if we fully support our fession but most certainly in the news- puter simulation to analyze tumor most talented young people, we can paper field. growth and is the first to study motil- look forward to a bright future. David, the son of Wilfred and Sally ity and contact inhibition, a mecha- f Kranz, was born November 3, 1945. nism that limits cell growth when pres- After attending Holy Rosary Grade sured by neighboring cells. His re- ADDITIONAL STATEMENTS School in Kranzburg, he graduated search also revealed an inherent flaw of from Watertown High School and ob- the Cellular Potts Model, used to simu- TRIBUTE TO IRVING BURGIE tained his degree in journalism in 1968 late cellular structure behavior. Jona- from South Dakota State University. than’s work provides a method to pre- ∑ Mr. BURRIS. Mr. President, I stand David began his career by spending 8 dict the effects of motility on tumor today to honor a great man of Amer- years as a city reporter and city editor development and can be used to iden- ican music—a man whose name is at the Austin Daily Herald in Min- tify cancer phenotypes that chemo- largely unknown, but his music is nesota, where he began penning a polit- therapy drugs can target, potentially known and loved around the world. ical column. It would be that political improving treatment. This man is Mr. Irving Burgie. column that would define and shape Finally, in the area of technology, we Mr. Irving Burgie more popularly David’s journalism career. He left Aus- honor three innovative young minds. known as ‘‘Lord Burgess’’ was born in tin in 1976 and moved back to his be- Anna Kornfeld Simpson, a 17-year-old Brooklyn, NY, in 1924. He was raised in loved home State of South Dakota to young woman from San Diego, CA, de- the close-knit West Indian-American become managing editor of the Mitch- veloped a chemical-detecting robot. community of New York City during ell Daily Republic, a position he held She used porous silicon, a material the Great Depression. until 1983 when he left to work for that changes color in the presence of The Second World War took him South Dakota’s largest newspaper, the chemicals like alcohols or nerve gas, from Brooklyn to the other side of the Sioux Falls Argus Leader. From execu- and simple, low-cost circuit elements world in the jungles of what is now tive city editor and managing editor to to detect color change. The robotic Thailand. Under the guns of the Japa- reporter and columnist, there wasn’t microcomputer then ‘‘sees’’ the chem- nese army, a young Irving Burgie and much David didn’t witness, or com- ical instead of ‘‘smelling’’ it. Proto- other troops in the segregated Army of ment on, during his 24 years with the types had a 100 percent response rate. the time built and maintained the fa- Argus Leader. Anna’s work has applications in secu- mous ‘‘Burma Road.’’ Dave Kranz ranks with other widely rity and counterterrorism, monitoring Following the war, Mr. Burgie stud- known and popular journalists from industrial settings for toxins, and ex- ied music at Julliard, the University of South Dakota, including Tom Brokaw, ploring locations too hazardous for hu- Arizona, and the University of Cali- Al Neuharth and Ken Bode. People in mans. fornia. political circles valued Dave’s wit and Alexander Gilbert, a 16-year-old While performing in New York in the wisdom, his speculation and satire, his young man from McLean, VA, devel- mid-1950s, he met Harry Belafonte. candor, and commentary. oped a computer algorithm which im- This was the beginning of a collabora- David received the National Scripps- proves contrast in magnetic resonance tion that would lead to the 1956 release Howard Public Service Reporting imaging, MRI. His program has been of ‘‘Calypso,’’ the first album to sell 1 Award at the National Press Club. He successfully applied to brain MRI im- million copies. The album included Ir- also has earned numerous state and na- ages, enabling more accurate image ving Burgie’s adaptation of ‘‘The Ba- tional awards, was recognized for definition of tissues, such as areas of nana Boat Song’’ better known as countless individual stories, and was demyelination, or plaques, which are ‘‘Day-O’’ and spent 99 weeks on the presented with the SDSU Distinguished often present in patients with multiple charts. Alumni Award. sclerosis. Alexander’s work is pertinent Irving Burgie is credited with com- There is perhaps no better tribute to to MRIs of the spine and other areas, posing and arranging over 50 songs on a person than to listen to the heartfelt and offers the potential for better diag- ASCAP. He wrote the ‘‘National An- words of one’s peers. Here are just a nosis and monitoring of multiple scle- them of Barbados’’ his beloved moth- few of David’s contemporaries in the rosis and other neurological diseases er’s native land. His world-famous journalism world and what they have including Alzheimer’s disease. songs, including ‘‘Island in the Sun’’ to say about this dedicated writer. Gavin Ovsak, a 16-year-old young and ‘‘Jamaica Farewell,’’ have been re- ‘‘Dave is the heart and conscience of man from Hopkins, MN, designed a de- corded by Harry Belafonte, Miriam South Dakota journalism. He was a vice to allow disabled individuals more Makeba, The Kingston Trio and Jimmy walking databank of history, trends effective access to computers. His Buffet and featured in the hit movies and current events long before the project, known as CHAD, circuit head ‘‘Island in the Sun’’ and ‘‘Beetlejuice.’’ term was invented. Dave has a special accessibility device, is a circuit board In his later years, Mr. Irving Burgie knack for telling the stories of real integrated onto a baseball hat to re- helped to form the Black Men of South Dakotans and giving them the place the functions of a computer Queens County Federation, an organi- dignity and devotion they deserve. He mouse through head movements and a zation devoted to helping African- has a gift of friendship that transcends bite sensor. Gavin’s work is less expen- American young men find their own his craft and puts him on a first-name sive, more efficient, and uses fewer success, through mentoring and schol- basis with people all over the state,’’ complex software interfaces than are arship programs. He later established says Chuck Raasch of the Gannett currently available in the assistive the Irving Burgie Award for Excellence News Service. technology market, equalizing access in Literary and Creative Arts. Distinguished professor Robert Burns to the social, occupational, and global Irving Burgie is a songwriter, author, of the South Dakota State University significance of the Internet. and committed citizen who has brought and the University of South Dakota, I often say that America’s gifted and joy to the world through music and has said of Dave, ‘‘He enjoys a high reader- talented students possess remarkable contributed to the best of American ship because of the quality and timing potential. These 20 young individuals culture and society.∑ of his reporting. David’s column is con- have demonstrated more than poten- f sistently timely and accurate because tial. They have already made signifi- he has cultivated an excellent profes- cant contributions to our society in TRIBUTE TO DAVID KRANZ sional relationship with the leading po- their short lives and one can scarcely ∑ Mr. JOHNSON. Mr. President, with litical actors and political observers in begin to imagine how much they will great honor and pride, today I pay trib- our state. Political actors are candid in

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7203 their discussions with him because awards for his service, including the families have been forever impacted by they know he will be fair in his report- Manager of the Year Award and the Sam’s work and dedication. ing of political developments and Vice President’s National Performance Sam was the founder of the Pres- news.’’ Review—Hammer—Award in 1998. byterian Urban Ministers Network, was Sioux Falls Argus Leader publisher Given to those who work towards a bet- a cosponsor of Kansas City’s Urban Randell Beck says, ‘‘Dave is the hard- ter government, this award recognized Peace & Justice Summit, and served on est working journalist I know. He’s Mr. Reynolds for his team’s efforts on the Board of the Black Archives of often at work when I arrive—hunkered Section 8 financial management. His Mid-America. For 25 years, he has down, on the phone, in his cubicle that awards reflect not only his contribu- served as chair of Kansas City’s local is eternally overstuffed with reports, tions to HUD and our Nation but also chapter of the Southern Christian stacks of old papers, scrawled notes on his commendable work ethic. Leadership Conference. napkins—and he’s often there when I A native of Milwaukee and an alum- While we hope that retirement af- leave.’’ nus from the University of Wisconsin, fords Sam some much deserved relax- I am among those who have long val- Mr. Reynolds exemplifies dedication to ation and time on the golf course, we ued Dave’s political instincts, wit and providing quality, affordable housing also look forward to his continued in- wisdom. During my years in the State to the people of Wisconsin and public volvement in education projects and legislature and in Congress, I missed service at its finest. On behalf of our social justice issues important to the lives of Kansas Citians. very few of his political columns. I al- State, I extend my heartfelt apprecia- Mr. President, I ask that the Senate ways knew Dave would be well pre- tion for the 41 years of service Mr. Rey- ∑ join me in congratulating and honoring pared when he interviewed me. Over his nolds has provided. Reverend Sam Mann on his retire- career, David has interviewed every na- f ment.∑ tional political candidate and office holder who came to South Dakota. TRIBUTE TO REVEREND SAM f David was always fair and honest in his MANN MESSAGES FROM THE PRESIDENT ∑ reporting. Mrs. MCCASKILL. Mr. President, I Messages from the President of the David and I would frequently meet ask the Senate to join me today in United States were communicated to for coffee where it was often more in- honoring the work of Reverend Sam the Senate by Mrs. Neiman, one of his teresting to hear the political news Mann, a leader in the Kansas City com- secretaries. munity. Reverend Mann’s retirement is from him directly rather than waiting f for his column to appear in the paper. yet one more wonderful milestone in a I sometimes got more out of those cof- life of service. EXECUTIVE MESSAGES REFERRED fees than he did from me. But most im- Sam was raised in Eufala, AL, and As in executive session the Presiding portantly, I valued his friendship and made Kansas City his home as a young Officer laid before the Senate messages insight. I know he will have more time man. Over the years, he has been a from the President of the United now to add to his impressive collec- tireless civil rights advocate in Kansas States submitting sundry nominations tions of baseball cards and political City and the Nation. He marched with which were referred to the appropriate buttons. He may also find more time to Dr. Martin Luther King, Jr. and par- committees. follow his beloved Atlanta Braves. ticipated in numerous activities to (The nominations received today are Thank you, David, for sharing your raise awareness of race and justice printed at the end of the Senate pro- career with the newspaper readers and issues. ceedings.) the citizens of South Dakota—a career Since 1971, Sam has been the pastor f of St. Mark’s United Methodist Church filled with professionalism and dedica- MESSAGES FROM THE HOUSE tion. You are a true credit to your in downtown Kansas City. He has been At 2:06 p.m., a message from the craft.∑ the executive director of United Inner House of Representatives, delivered by f City Services, a multiservice commu- nity-based agency, since 1967. Mr. Novotny, one of its reading clerks, TRIBUTE TO DELBERT F. I have always known Reverend Mann announced that the House has passed REYNOLDS as ‘‘rubber band.’’ This derives from the following bill, in which it requests ∑ Mr. KOHL. Mr. President, today I the time I was walking with him the concurrence of the Senate: recognize and congratulate Delbert F. through a roomful of young children H.R. 4785. An act to authorize the Sec- who were attending a program he had retary of Agriculture to make loans to cer- Reynolds on his retirement as the field tain entities that agree that the funds will office director of the U.S. Department designed that predated his establish- be used to make loans to consumers to im- of Housing and Urban Development of- ment of the St. Mark center. From the plement energy efficiency measures involv- fice in Wisconsin. beginning, Sam was always looking out ing structural improvements and invest- For the past 41 years, Mr. Reynolds for children. As we were walking ments in cost-effective, commercial off-the- has dedicated himself to helping others through the room, the children were shelf technologies to reduce energy use, and through his work with HUD. During his pulling on his coattail saying, ‘‘Rev- for other purposes. tenure, he served under eight Presi- erend Mann, Reverend Mann’’ but it The message also announced that the dents and 13 of the 15 HUD Secretaries. sounded like ‘‘rubber band, rubber House agrees to the amendments of the In 1987, he became director of the Mil- band.’’ From that day forward, he has Senate to the bill (H.R. 3562) to des- waukee Field Office, where he coordi- always been ‘‘rubber band’’ to me. ignate the federally occupied building nated and oversaw all programs as- Sam believes in the importance of located at 1220 Echelon Parkway in signed to the office. His 23 years in this education and has been a strong advo- Jackson, Mississippi, as the ‘‘James position make him the longest serving cate for early childhood education. Chaney, Andrew Goodman, and Michael field office director in Milwaukee’s his- Under his leadership, St. Mark Child Schwerner, and Roy K. Moore Federal tory and an asset to our State that will and Family Development Center was Building’’. be greatly missed. established. This center started in a ENROLLED BILLS SIGNED While director, Mr. Reynolds has con- church basement and now is located in At 2:47 p.m., a message from the tributed significantly to HUD and its a beautiful state-of-the-art facility. In House of Representatives, delivered by programs. His insight and experience addition, the center serves as a neigh- Mrs. Cole, one of its reading clerks, an- lead to his selection as special adviser borhood anchor, providing a safe, warm nounced that the Speaker has signed to HUD policymakers. In Wisconsin, he and attractive site for a variety of the following enrolled bills: created many successful programs, community services. St. Mark annu- S. 3656. An act to amend the Agricultural which were then incorporated on a na- ally serves approximately 225 very low Marketing Act of 1946 to improve the report- tional level. and low-income families through its ing on sales of livestock and dairy products, and for other purposes. Mr. Reynolds’s leadership and dedica- early childhood education program, H.R. 3978. An act to amend the Homeland tion have not gone unnoticed by his before- and after-school program and Security Act of 2002 to authorize the Sec- peers. He has received numerous summer camp. These children and their retary of Homeland Security to accept and

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7204 CONGRESSIONAL RECORD — SENATE September 20, 2010 use gifts for otherwise authorized activities (RIN0524–AA58) received during adjournment ting, pursuant to law, the report of a rule en- of the Center for Domestic Preparedness that of the Senate in the Office of the President titled ‘‘Multi-Walled Carbon Nanotubes and are related to preparedness for a response to of the Senate on September 12, 2010; to the Single-Walled Carbon Nanotubes; Significant terrorism, and for other purposes. Committee on Agriculture, Nutrition, and New Use Rules’’ (FRL No. 8835–5) received in The enrolled bills were subsequently Forestry. the Office of the President of the Senate on EC–7378. A communication from the Acting signed by the President pro tempore September 14, 2010; to the Committee on En- Congressional Review Coordinator, Animal vironment and Public Works. (Mr. INOUYE). and Plant Health Inspection Service, Depart- EC–7386. A communication from the Presi- f ment of Agriculture, transmitting, pursuant dent of the United States, transmitting, pur- to law, the report of a rule entitled ‘‘Black suant to law, a report relative to his exten- MEASURES REFERRED Stem Rust; Additions of Rust-Resistant Va- sion of the national emergency period per- The following bill was read the first rieties’’ (Docket No. APHIS–2010–0088) re- taining to the terrorist attacks of September and the second times by unanimous ceived during adjournment of the Senate in 11, 2001, for an additional year; to the Com- the Office of the President of the Senate on mittee on Banking, Housing, and Urban Af- consent, and referred as indicated: September 12, 2010; to the Committee on Ag- fairs. H.R. 4785. An act to authorize the Sec- riculture, Nutrition, and Forestry. EC–7387. A communication from the Sec- retary of Agriculture to make loans to cer- EC–7379. A communication from the Direc- retary of the Treasury, transmitting, pursu- tain entities that agree that the funds will tor of the Regulatory Review Group, Farm ant to Executive Order 13313 of July 31, 2003, be used to make loans to consumers to im- Service Agency, Department of Agriculture, the semiannual report detailing payments plement energy efficiency measures involv- transmitting, pursuant to law, the report of made to Cuba as a result of the provision of ing structural improvements and invest- a rule entitled ‘‘Conservation Loan Pro- telecommunications services pursuant to De- ments in cost-effective, commercial off-the- gram’’ (RIN0560–AI04) received during ad- partment of the Treasury specific licenses; shelf technologies to reduce energy use, and journment of the Senate in the Office of the to the Committee on Banking, Housing, and for other purposes; to the Committee on En- President of the Senate on September 12, Urban Affairs. ergy and Natural Resources. 2010; to the Committee on Agriculture, Nu- EC–7388. A communication from the Asso- ciate Director, Office of Foreign Assets Con- f trition, and Forestry. EC–7380. A communication from the Direc- trol, Department of the Treasury, transmit- MEASURES PLACED ON THE tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- CALENDAR Office of Policy, Economics, and Innovation, titled ‘‘Iraqi Sanctions Regulations’’ (31 CFR Environmental Protection Agency, transmit- Part 575) received in the Office of the Presi- The following bill was read the sec- ting, pursuant to law, the report of a rule en- dent of the Senate on September 14, 2010; to ond time, and placed on the calendar: titled ‘‘Amendments to Enforceable Consent the Committee on Banking, Housing, and S. 3793. A bill to extend expiring provisions Agreement Procedural Rules’’ (FRL No. 8832– Urban Affairs. and for other purposes. 8) received in the Office of the President of EC–7389. A communication from the Assist- the Senate on September 14, 2010; to the ant Secretary, Occupational Safety and f Committee on Environment and Public Health Administration, Department of EXECUTIVE AND OTHER Works. Labor, transmitting, pursuant to law, the re- COMMUNICATIONS EC–7381. A communication from the Direc- port of a rule entitled ‘‘Procedures for the tor of the Regulatory Management Division, Handling of Retaliation Complaints Under The following communications were Office of Policy, Economics, and Innovation, the Employee Protection Provision of the laid before the Senate, together with Environmental Protection Agency, transmit- Surface Transportation Assistance Act of accompanying papers, reports, and doc- ting, pursuant to law, the report of a rule en- 1982’’ (RIN1218–AC36) received in the Office of uments, and were referred as indicated: titled ‘‘Technical Amendments for Marine the President of the Senate on September 14, Spark-Ignition Engines and Vessels’’ (FRL 2010; to the Committee on Commerce, EC–7374. A communication from the Direc- No. 9202–4) received in the Office of the Presi- Science, and Transportation. tor of the Regulatory Management Division, dent of the Senate on September 14, 2010; to EC–7390. A communication from the Assist- Office of Policy, Economics, and Innovation, the Committee on Environment and Public ant Secretary, Occupational Safety and Environmental Protection Agency, transmit- Works. Health Administration, Department of ting, pursuant to law, the report of a rule en- EC–7382. A communication from the Direc- Labor, transmitting, pursuant to law, the re- titled ‘‘S-metolachlor; Pesticide Tolerances’’ tor of the Regulatory Management Division, port of a rule entitled ‘‘Procedures for the (FRL No. 8842–3) received in the Office of the Office of Policy, Economics, and Innovation, Handling of Retaliation Complaints Under President of the Senate on September 14, Environmental Protection Agency, transmit- the National Transit Systems Security Act 2010; to the Committee on Agriculture, Nu- ting, pursuant to law, the report of a rule en- and the Federal Railroad Safety Act’’ trition, and Forestry. titled ‘‘Revisions to the California State Im- (RIN1218–AC36) received in the Office of the EC–7375. A communication from the Direc- plementation Plan, San Diego County Air President of the Senate on September 12, tor of the Regulatory Management Division, Pollution Control District’’ (FRL No. 9200–6) 2010; to the Committee on Commerce, Office of Policy, Economics, and Innovation, received in the Office of the President of the Science, and Transportation. Environmental Protection Agency, transmit- Senate on September 14, 2010; to the Com- EC–7391. A communication from the Direc- ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. tor, Bureau of Economic Analysis, Depart- titled ‘‘Fenarimol; Pesticide Tolerance’’ EC–7383. A communication from the Direc- ment of Commerce, transmitting, pursuant (FRL No. 8844–6) received in the Office of the tor of the Regulatory Management Division, to law, the report of a rule entitled ‘‘Inter- President of the Senate on September 14, Office of Policy, Economics, and Innovation, national Services Surveys: BE–180, Bench- 2010; to the Committee on Agriculture, Nu- Environmental Protection Agency, transmit- mark Survey of Financial Services Trans- trition, and Forestry. ting, pursuant to law, the report of a rule en- actions between U.S. Financial Services Pro- EC–7376. A communication from the Direc- titled ‘‘Carbaryl; Order Denying NRDC’s Ob- viders and Foreign Persons’’ (RIN0691–AA73) tor of the Regulatory Management Division, jections and Requests for Hearing’’ (FRL No. received during adjournment of the Senate Office of Policy, Economics, and Innovation, 8843–7) received in the Office of the President in the Office of the President of the Senate Environmental Protection Agency, transmit- of the Senate on September 14, 2010; to the on September 12, 2010; to the Committee on ting, pursuant to law, the report of a rule en- Committee on Environment and Public Commerce, Science, and Transportation. titled ‘‘Ammonium Formate; Exemption Works. EC–7392. A communication from the Acting from the Requirement of a Tolerance’’ (FRL EC–7384. A communication from the Direc- Director of Sustainable Fisheries, National No. 8839–3) received in the Office of the Presi- tor of the Regulatory Management Division, Marine Fisheries Service, Department of dent of the Senate on September 14, 2010; to Office of Policy, Economics, and Innovation, Commerce, transmitting, pursuant to law, the Committee on Agriculture, Nutrition, Environmental Protection Agency, transmit- the report of a rule entitled ‘‘Fisheries of the and Forestry. ting, pursuant to law, the report of a rule en- Northeastern United States; Summer Floun- EC–7377. A communication from the Direc- titled ‘‘Approval and Promulgation of Imple- der Fishery; Commercial Quota Harvested tor, National Institute of Food and Agri- mentation Plans and Designations of Areas for the Commonwealth of Massachusetts’’ culture, Department of Agriculture, trans- for Air Quality Planning Purposes; Alabama: (RIN0648–XY35) received during adjournment mitting, pursuant to law, the report of a rule Birmingham; Determination of Attaining of the Senate in the Office of the President entitled ‘‘Competitive and Noncompetitive Data for the 2006 24-Hour Fine Particulate of the Senate on September 12, 2010; to the Non-formula Federal Assistance Programs- Standard’’ (FRL No. 9209–9) received in the Committee on Commerce, Science, and General Award Administrative Provisions Office of the President of the Senate on Sep- Transportation. and Specific Administrative Provisions at tember 14, 2010; to the Committee on Envi- EC–7393. A communication from the Chief Subpart G-Agriculture and Food Research ronment and Public Works. of the Publications and Regulations Branch, Initiative; Subpart H—Organic Agriculture EC–7385. A communication from the Direc- Internal Revenue Service, Department of the Research and Extension Initiative; and Sub- tor of the Regulatory Management Division, Treasury, transmitting, pursuant to law, the part I—Integrated Research, Education, and Office of Policy, Economics, and Innovation, report of a rule entitled ‘‘Update of Weighted Extension Competitive Grants Program’’ Environmental Protection Agency, transmit- Average Interest Rates, Yield Curves, and

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7205 Segment Rates’’ (Notice No. 2010–61) received Foundation, transmitting, pursuant to law, a S. 3805. A bill to authorize the Attorney during adjournment of the Senate in the Of- report relative to the National Science General to award grants for States to imple- fice of the President of the Senate on Sep- Foundation’s use of the alternative method ment minimum and enhanced DNA collec- tember 12, 2010; to the Committee on Fi- for ranking and selecting candidates for tion processes; to the Committee on the Ju- nance. competitive appointment for Federal posi- diciary. EC–7394. A communication from the Direc- tions; to the Committee on Health, Edu- By Mr. LIEBERMAN (for himself, Ms. tor of Regulations, Social Security Adminis- cation, Labor, and Pensions. COLLINS, Mr. AKAKA, and Mr. tration, transmitting, pursuant to law, the EC–7402. A communication from the Board VOINOVICH): report of a rule entitled ‘‘Improvements to Members, Railroad Retirement Board, trans- S. 3806. A bill to protect Federal employees the Supplemental Security Income Program– mitting, pursuant to law, a report relative to and visitors, improve the security of Federal Heroes Earnings Assistance and Relief Tax the Board’s budget request for the fiscal year facilities and authorize and modernize the Act of 2008 (HEART Act)’’ (RIN0960–AD78) re- 2012; to the Committee on Health, Education, Federal Protective Service; to the Com- ceived during adjournment of the Senate in Labor, and Pensions. mittee on Homeland Security and Govern- the Office of the President of the Senate on EC–7403. A communication from the In- mental Affairs. September 12, 2010; to the Committee on Fi- spector General, Railroad Retirement Board, By Mr. BAUCUS (for himself and Mr. nance. transmitting, pursuant to law, a report rel- TESTER): EC–7395. A communication from the Prin- ative to the Office of Inspector General’s S. 3807. A bill to amend title 10, United cipal Deputy Assistant Secretary, Bureau of budget request for the fiscal year 2012; to the States Code, to authorize long-term con- Legislative Affairs, Department of State, Committee on Health, Education, Labor, and tracts for the purchase of liquid synthetic or transmitting, pursuant to the Arms Export Pensions. biomass-derived aviation or aviation blend Control Act, the certification of a proposed EC–7404. A communication from the Assist- fuels for the Department of Defense, and for manufacturing license agreement for manu- ant General Counsel of the Federal Election other purposes; to the Committee on Armed facture of significant military equipment Commission, transmitting, pursuant to law, Services. abroad for the manufacture of Executable the report of a rule entitled ‘‘Definition of f Object Code for the Have Quick I/II Elec- Federal Election Activity’’ (Notice No. 2010– tronic Counter Counter-Measures (ECCM) 18) received during adjournment of the Sen- SUBMISSION OF CONCURRENT AND Waveform to be used by Japan; to the Com- ate in the Office of the President of the Sen- SENATE RESOLUTIONS mittee on Foreign Relations. ate on September 12, 2010; to the Committee The following concurrent resolutions EC–7396. A communication from the Prin- on Rules and Administration. and Senate resolutions were read, and cipal Deputy Assistant Secretary, Bureau of f Legislative Affairs, Department of State, referred (or acted upon), as indicated: transmitting, pursuant to the Arms Export REPORTS OF COMMITTEES By Mr. ISAKSON (for himself, Mr. Control Act, the certification of a proposed The following reports of committees CHAMBLISS, and Ms. KLOBUCHAR): amendment to a technical assistance agree- S. Res. 630. A resolution designating No- ment for the export of defense articles, to in- were submitted: vember 28, 2010, as ‘‘Drive Safer Sunday″; clude technical data, and defense services for By Mr. ROCKEFELLER, from the Com- considered and agreed to. Commercial Communication Satellite Sys- mittee on Commerce, Science, and Transpor- f tems in the amount of $50,000,000 or more; to tation, with an amendment in the nature of the Committee on Foreign Relations. a substitute: ADDITIONAL COSPONSORS S. 1252. A bill to promote ocean and human EC–7397. A communication from the Prin- S. 833 cipal Deputy Assistant Secretary, Bureau of health and for other purposes (Rept. No. 111– 296). At the request of Mr. SCHUMER, the Legislative Affairs, Department of State, name of the Senator from Ohio (Mr. transmitting, pursuant to the Arms Export By Mr. ROCKEFELLER, from the Com- Control Act, the certification of a proposed mittee on Commerce, Science, and Transpor- BROWN) was added as a cosponsor of S. technical assistance agreement for the ex- tation, without amendment: 833, a bill to amend title XIX of the So- port of defense articles, to include technical S. 2871. A bill to make technical correc- cial Security Act to permit States the data, and defense services to support the tions to the Western and Central Pacific option to provide Medicaid coverage Proton launch of the Anik G1 Commercial Fisheries Convention Implementation Act, for low-income individuals infected Communication Satellite from the Baikonur and for other purposes (Rept. No. 111–297). By Mrs. BOXER, from the Committee on with HIV. Cosmodrome in Kazakhstan in the amount of S. 850 $50,000,000 or more; to the Committee on For- Environment and Public Works, with an At the request of Mr. KERRY, the eign Relations. amendment in the nature of a substitute: EC–7398. A communication from the Prin- S. 3119. A bill to amend and reauthorize name of the Senator from New York cipal Deputy Assistant Secretary, Bureau of certain provisions relating to Long Island (Mr. SCHUMER) was added as a cospon- Legislative Affairs, Department of State, Sound restoration and stewardship (Rept. sor of S. 850, a bill to amend the High transmitting, pursuant to the Arms Export No. 111–298). Seas Driftnet Fishing Moratorium Pro- Control Act, the certification of a proposed f tection Act and the Magnuson-Stevens amendment to a technical assistance agree- Fishery Conservation and Management ment for the export of defense articles, to in- INTRODUCTION OF BILLS AND JOINT RESOLUTIONS Act to improve the conservation of clude technical data, and defense services for sharks. the assembly, modification, rework, integra- The following bills and joint resolu- S. 1153 tion and test of Antenna Subsystems, Pay- tions were introduced, read the first At the request of Mr. SCHUMER, the load Units and Bus Units for use in commer- and second times by unanimous con- names of the Senator from California cial communications satellites in the sent, and referred as indicated: amount of $50,000,000 or more; to the Com- (Mrs. BOXER) and the Senator from mittee on Foreign Relations. By Ms. MURKOWSKI: Maryland (Mr. CARDIN) were added as EC–7399. A joint communication from the S. 3802. A bill to designate a mountain and icefield in the State of Alaska as the ‘‘Mount cosponsors of S. 1153, a bill to amend Acting Deputy Assistant Administrator for the Internal Revenue Code of 1986 to Legislative Affairs, U.S. Agency for Inter- Stevens’’ and ‘‘Ted Stevens Icefield’’, respec- national Development (USAID) and the As- tively; to the Committee on Energy and Nat- extend the exclusion from gross income sistant Secretary, Bureau for Legislative and ural Resources. for employer-provided health coverage Public Affairs, Department of State, trans- By Mr. ROBERTS (for himself and Mrs. for employees’ spouses and dependent mitting, pursuant to law, the ‘‘Joint Sum- LINCOLN) (by request): children to coverage provided to other mary of Performance and Financial Informa- S. 3803. A bill to amend the Internal Rev- eligible designated beneficiaries of em- tion Fiscal Year 2009 Summary’’; to the enue Code of 1986 to expand the availability ployees. Committee on Foreign Relations. of employee stock ownership plans in S cor- S. 1183 EC–7400. A communication from the Assist- porations, and for other purposes; to the ant Secretary of the Employment and Train- Committee on Finance. At the request of Mr. DURBIN, the ing Administration, Department of Labor, By Mr. LEAHY (for himself, Mr. name of the Senator from New York transmitting, pursuant to law, the report of HATCH, Ms. KLOBUCHAR, Mr. (Mrs. GILLIBRAND) was added as a co- a rule entitled ‘‘Senior Community Service WHITEHOUSE, Mr. SCHUMER, Mr. KOHL, sponsor of S. 1183, a bill to authorize Employment Program; Final Rule’’ Mr. SPECTER, Mr. DURBIN, Mr. BAYH, the Secretary of Agriculture to provide (RIN1205–AB48; RIN1205–AB47) received dur- Mr. VOINOVICH, and Mrs. FEINSTEIN): assistance to the Government of Haiti S. 3804. A bill to combat online infringe- ing adjournment of the Senate in the Office to end within 5 years the deforestation of the President of the Senate on September ment, and for other purposes; to the Com- 12, 2010; to the Committee on Health, Edu- mittee on the Judiciary. in Haiti and restore within 30 years the cation, Labor, and Pensions. By Mr. BINGAMAN (for himself, Mr. extent of tropical forest cover in exist- EC–7401. A communication from the Chief UDALL of New Mexico, Mr. SCHUMER, ence in Haiti in 1990, and for other pur- Human Capital Officer, National Science and Mr. BENNET): poses.

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7206 CONGRESSIONAL RECORD — SENATE September 20, 2010 S. 1197 severe forms of trafficking in children DURBIN) was added as a cosponsor of S. At the request of Mr. VOINOVICH, the in eligible countries through the imple- 3748, a bill to amend title 10, United name of the Senator from Oregon (Mr. mentation of Child Protection Com- States Code, to provide for the reten- WYDEN) was added as a cosponsor of S. pacts, and for other purposes. tion of members of the reserve compo- 1197, a bill to establish a grant program S. 3189 nents on active duty for a period of 45 for automated external defibrillators At the request of Mr. BROWN of Ohio, days following an extended deployment in elementary and secondary schools. the name of the Senator from Wis- in contingency operations of homeland S. 1349 consin (Mr. FEINGOLD) was added as a defense missions to support their re- At the request of Ms. SNOWE, the cosponsor of S. 3189, a bill to amend integration into civilian life, and for name of the Senator from Florida (Mr. title 49, United States Code, to allow other purposes. NELSON) was added as a cosponsor of S. for additional transportation assist- S. 3772 1349, a bill to amend the Internal Rev- ance grants. At the request of Mr. REID, the enue Code of 1986 to simplify the deduc- S. 3315 names of the Senator from Ohio (Mr. tion for use of a portion of a residence At the request of Ms. COLLINS, the BROWN), the Senator from Massachu- as a home office by providing an op- name of the Senator from Vermont setts (Mr. KERRY), the Senator from tional standard home office deduction. (Mr. LEAHY) was added as a cosponsor Maryland (Mr. CARDIN) and the Senator of S. 3315, a bill to amend title XVIII of S. 1481 from New Mexico (Mr. UDALL) were the Social Security Act to protect added as cosponsors of S. 3772, a bill to At the request of Mr. MENENDEZ, the Medicare beneficiaries’ access to home name of the Senator from Montana amend the Fair Labor Standards Act of health services under the Medicare pro- 1938 to provide more effective remedies (Mr. TESTER) was added as a cosponsor gram. of S. 1481, a bill to amend section 811 of to victims of discrimination in the S. 3430 the Cranston-Gonzalez National Afford- payment of wages on the basis of sex, At the request of Ms. SNOWE, the and for other purposes. able Housing Act to improve the pro- names of the Senator from Hawaii (Mr. gram under such section for supportive S. CON. RES. 39 AKAKA) and the Senator from Hawaii housing for persons with disabilities. At the request of Mr. MENENDEZ, the (Mr. INOUYE) were added as cosponsors name of the Senator from Connecticut S. 1695 of S. 3430, a bill to amend the Internal (Mr. LIEBERMAN) was added as a co- At the request of Mr. BURRIS, the Revenue Code of 1986 to expand the tip sponsor of S. Con. Res. 39, a concurrent names of the Senator from Missouri tax credit to employers of cosmetolo- resolution expressing the sense of the (Mr. BOND) and the Senator from Mary- gists and to promote tax compliance in Congress that stable and affordable land (Mr. CARDIN) were added as co- the cosmetology sector. housing is an essential component of sponsors of S. 1695, a bill to authorize S. 3622 an effective strategy for the preven- the award of a Congressional gold At the request of Mr. JOHANNS, the tion, treatment, and care of human im- medal to the Montford Point Marines name of the Senator from Washington munodeficiency virus, and that the of World War II. (Mrs. MURRAY) was added as a cospon- United States should make a commit- S. 2747 sor of S. 3622, a bill to require the Ad- ment to providing adequate funding for At the request of Mr. BINGAMAN, the ministrator of the Environmental Pro- the development of housing as a re- name of the Senator from California tection Agency to finalize a proposed sponse to the acquired immuno- (Mrs. BOXER) was added as a cosponsor rule to amend the spill prevention, con- deficiency syndrome pandemic. of S. 2747, a bill to amend the Land and trol, and countermeasure rule to tailor Water Conservation Fund Act of 1965 to and streamline the requirements for S. CON. RES. 63 provide consistent and reliable author- the dairy industry, and for other pur- At the request of Mr. JOHNSON, the ity for, and for the funding of, the land poses. names of the Senator from Idaho (Mr. RISCH), the Senator from Florida (Mr. and water conservation fund to maxi- S. 3657 mize the effectiveness of the fund for At the request of Mr. WYDEN, the LEMIEUX) and the Senator from Texas future generations, and for other pur- name of the Senator from Maine (Ms. (Mr. CORNYN) were added as cosponsors poses. COLLINS) was added as a cosponsor of S. of S. Con. Res. 63, a concurrent resolu- 3657, a bill to establish as a standing tion expressing the sense of Congress S. 2814 that Taiwan should be accorded ob- At the request of Ms. COLLINS, the order of the Senate that a Senator pub- licly disclose a notice of intent to ob- server status in the International Civil name of the Senator from Maine (Ms. Aviation Organization (ICAO). SNOWE) was added as a cosponsor of S. jecting to any measure or matter. S. RES. 586 2814, a bill to amend title XVIII of the S. 3716 At the request of Mr. FEINGOLD, the Social Security Act to ensure more At the request of Mrs. GILLIBRAND, name of the Senator from New Jersey timely access to home health services the name of the Senator from West (Mr. MENENDEZ) was added as a cospon- for Medicare beneficiaries under the Virginia (Mr. ROCKEFELLER) was added sor of S. Res. 586, a resolution sup- Medicare program. as a cosponsor of S. 3716, a bill to amend the Internal Revenue Code of porting democracy, human rights, and S. 2899 1986 to provide a tax incentive for the civil liberties in Egypt. At the request of Mrs. FEINSTEIN, the installation and maintenance of me- AMENDMENT NO. 4618 name of the Senator from Michigan chanical insulation property. At the request of Mr. NELSON of Flor- (Ms. STABENOW) was added as a cospon- S. 3735 ida, the names of the Senator from Ar- sor of S. 2899, a bill to amend the At the request of Mr. BARRASSO, his kansas (Mrs. LINCOLN), the Senator American Recovery and Reinvestment name was added as a cosponsor of S. from New York (Mr. SCHUMER), the Act of 2009 and the Internal Revenue 3735, a bill to amend the Federal Insec- Senator from Maine (Ms. SNOWE), the Code of 1986 to provide incentives for ticide, Fungicide, and Rodenticide Act Senator from Washington (Mrs. MUR- the development of solar energy. to improve the use of certain registered RAY), the Senator from Vermont (Mr. S. 3039 pesticides. SANDERS) and the Senator from Okla- At the request of Mr. UDALL of New S. 3747 homa (Mr. INHOFE) were added as co- Mexico, the name of the Senator from At the request of Mr. HATCH, the sponsors of amendment No. 4618 in- Rhode Island (Mr. WHITEHOUSE) was name of the Senator from Wyoming tended to be proposed to S. 3454, an added as a cosponsor of S. 3039, a bill to (Mr. ENZI) was added as a cosponsor of original bill to authorize appropria- prevent drunk driving injuries and fa- S. 3747, a bill to provide for a reduction tions for fiscal year 2011 for military talities, and for other purposes. and limitation on the total number of activities of the Department of De- S. 3184 Federal employees, and for other pur- fense, for military construction, and At the request of Ms. MIKULSKI, her poses. for defense activities of the Depart- name was added as a cosponsor of S. S. 3748 ment of Energy, to prescribe military 3184, a bill to provide United States as- At the request of Mr. WYDEN, the personnel strengths for such fiscal sistance for the purpose of eradicating name of the Senator from Illinois (Mr. year, and for other purposes.

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7207 STATEMENTS ON INTRODUCED the Magnuson-Stevens Fishery Con- While there are a number of facilities BILLS AND JOINT RESOLUTIONS servation and Management Act and the in Alaska that bear the name of Sen- By Ms. MURKOWSKI: High Seas Driftnet Fisheries Enforce- ator Stevens, this bill will guarantee S. 3802. A bill to designate a moun- ment Act that ended the foreign domi- that future generations of Alaskans tain and icefield in the State of Alaska nation of fishing fleets in Alaskan and will remember him when they engage as the ‘‘Mount Stevens’’ and ‘‘Ted Ste- American waters, allowing the State’s in the outdoor pursuits that all Alas- vens Icefield’’, respectively; to the commercial fishing industry to re- kans love, from mountain climbing to Committee on Energy and Natural Re- bound. He was a leader in tele- fishing in the waters of Prince William sources. communication policies, leading efforts Sound and the rivers of South central Ms. MURKOWSKI. Mr. President, I to pass the Telecommunications Act of Alaska, all fueled by the meltwater rise today to introduce legislation that 1996 that paved the way to an era of from the huge ice field that dominates is very near to my heart, a bill to pro- digital television and communications the South central landscape. vide a lasting permanent tribute to in this country and also launched tele- This is a fitting tribute for a mentor former Alaska U.S. Senator Ted Ste- medicine and distance learning. And he and friend, to whom Alaskans owe so vens, who died Aug. 9th in a plane attempted to make the Alaska Na- much. I hope for quick passage of this crash in southwest Alaska during a tional Interest Lands Conservation Act act by this Congress to provide another fishing trip. The bill actually calls for as workable as possible for the State, lasting legacy for Senator Ted Stevens. creation of two permanent tributes to while protecting more than 100 million the Senator, the naming of Alaska’s acres of Alaska in parks and refuges— By Mr. LEAHY (for himself, Mr. currently highest unnamed mountain the largest single conservation bill in HATCH, Ms. KLOBUCHAR, Mr. peak in honor of the Senator, calling the Nation’s history. WHITEHOUSE, Mr. SCHUMER, Mr. the 13,895-foot peak in southern Denali Ted was a committed sportsman, who KOHL, Mr. SPECTER, Mr. DUR- National Park, Mount Stevens, and the loved outdoor pursuits such as fishing BIN, Mr. BAYH, Mr. VOINOVICH, naming of part of the State’s largest and hunting, and also amateur sports, and Mrs. FEINSTEIN): ice field in the Chugach Mountains as authoring the Ted Stevens Amateur S. 3804. A bill to combat online in- the Ted Stevens Icefield. and Olympic Sports Act, Title IX fringement, and for other purposes; to Ted Stevens, a colleague of most of amendments to encourage women’s the Committee on the Judiciary. us in this body, and a lawmaker that I sports, and the Carol M. White Phys- Mr. LEAHY. Mr. President, few interned for more than 30 years ago, ical Education Program that did so things are more important to the fu- truly was Alaska. He was the State’s much to improve physical education in ture of the American economy and job senator for all but 11 years of its cur- schools and colleges nationwide. He creation than protecting our intellec- rent existence as a State. During his also became a true expert on defense tual property. The Chamber of Com- more than 40 years in the Senate he issues, providing unconditional support merce estimates that American intel- played a significant role in the trans- to the Armed Forces of the United lectual property accounts for more formation of Alaska from an impover- States in his role as chairman and than $5 trillion of the country’s gross ished territory to a full-fledged State. ranking member of the Subcommittee domestic product, and IP-intensive in- Senator Stevens, a pilot during World on Defense Appropriations for more dustries employ more than 18 million War II, came to Alaska as a U.S. Attor- than two decades. workers. Each year, online piracy and ney in the then territory of Alaska in Ted Stevens truly was a mountain of the sale of counterfeit goods cost 1956. He later served in the Eisenhower a man in policy development for the American businesses billions of dollars, Administration where he was a leading State of Alaska and thus it is a pleas- and result in hundreds of thousands of force in writing the legislation that led ure to seek to name both a mountain lost jobs. Studies recently cited by the to the admission of Alaska as the 49th and an ice field in his honor. The peak AFL–CIO estimate that digital theft of State in the Union on Jan. 3, 1959. proposed for naming is the peak re- movies and music alone costs more In 1961, he moved back from Wash- ferred to as South Hunter peak in the than 200,000 jobs. This is unacceptable ington, D.C. to Alaska where he was climbing community. It is located on in any economic climate. It is dev- elected to the Alaska House of Rep- the southern side of Denali National astating today. resentatives just after the state’s great Park. At 13,895 feet it is the largest The severity of the problem con- earthquake in 1964. He was subse- peak still unnamed in the State and tinues to increase and businesses of all quently elected as Speaker pro tem- also a peak visible on a clear day from types and sizes—and their employees— pore and majority leader until his ap- the Parks Highway, the main north- are the victims. In Vermont, compa- pointment to the U.S. Senate on south road for travelers between Fair- nies like Burton Snowboards and the Christmas Eve of 1968 upon the death of banks and Anchorage, two cities in Vermont Teddy Bear Company are well one of the State’s two original sen- Alaska that Ted is most associated recognized brands that depend on the ators, E.L. ‘‘Bob’’ Bartlett. He was with helping develop. enforcement of our intellectual prop- elected in his own right 7 times over The ice field in the uplands of the erty laws to keep their businesses the next 40 years, becoming the long- Chugach Mountains is the base for the thriving. est-serving Republican Senator in U.S. Harvard, Yale, Columbia, Matanuska, The growth of the digital market- history. Stevens was third in line for Nelchina, Tazlina, Valdez and Shoup place is extraordinary and it gives cre- the Presidency from 2003 through 2007. Glaciers—the Harvard being particu- ators and producers new opportunities While he is remembered by all in larly appropriate to be associated with to reach consumers. But it also brings Alaska for his tireless efforts to win a man who graduated from Harvard with it the perils of piracy and coun- Federal support to develop the young Law School in 1950. The entire Chugach terfeiting. The increased usage and ac- State’s largely 19th Century frontier Icefield, at 8,340 square miles, the larg- cessibility of the Internet has trans- infrastructure, he did so much more for est in Alaska, will provide a fitting formed it into the new Main Street. all Alaskans. He worked tirelessly to tribute for a senator whose breadth of Internet purchases have become so enact the Alaska Native Claims Settle- knowledge covered all of Alaska’s commonplace that consumers are less ment Act that settled aboriginal land 586,000 square miles and whose love of wary of online shopping and therefore claims and gave Alaska Natives the the State and its residents was even more easily victimized by online prod- right to select about 44 million acres of larger. ucts that may have health, safety or Alaska’s 365-million acres to protect This bill follows proper procedure by other quality concerns when they are their long-term economic, cultural and directing the U.S. Geographical Place counterfeit. political future. Names Board to name the peak and ice Today, I am introducing the bipar- Ted helped the State develop an field for the State’s former senior sen- tisan Combating Online Infringement economy by authoring the Trans-Alas- ator, it not being done directly by Con- and Counterfeits Act, which will pro- ka Pipeline Authorization Act, which gress. But to guarantee timely action, vide the Justice Department with an permitted oil to flow to market from it requires the board to act within 30 important tool to crack down on Web the State’s North Slope. He authored days of the bill’s enactment. sites dedicated to online infringement.

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7208 CONGRESSIONAL RECORD — SENATE September 20, 2010 This legislation will protect the invest- There being no objection, the text of ‘‘(i) sends a notice of the alleged violation ment American companies make in de- the bill was ordered to be printed in and intent to proceed under this subsection veloping brands and creating content the RECORD, as follows: to the registrant of the domain name at the postal and e-mail address provided by the S. 3804 and will protect the jobs associated registrant to the registrar, if available; and with those investments. Protecting in- Be it enacted by the Senate and House of Rep- ‘‘(ii) publishes notice of the action as the tellectual property is not uniquely a resentatives of the United States of America in court may direct promptly after filing the Democratic or Republican priority—it Congress assembled, action. is a bipartisan priority. SECTION 1. SHORT TITLE. ‘‘(2) SERVICE OF PROCESS.—For purposes of This Act may be cited as the ‘‘Combating this section, the actions described under The Justice Department is currently Online Infringement and Counterfeits Act’’. limited in the remedies available to paragraph (1)(B) shall constitute service of SEC. 2. INTERNET SITES DEDICATED TO INFRING- process. prevent Web sites dedicated to offering ING ACTIVITIES. ‘‘(d) SITUS.— infringing content. These Web sites are Chapter 113 of title 18, United States Code, ‘‘(1) DOMAINS FOR WHICH THE REGISTRY OR often based overseas yet target Amer- is amended by adding at the end the fol- REGISTRAR IS LOCATED DOMESTICALLY.—In an ican consumers. American consumers lowing: in rem action commenced under subsection are too often deceived into thinking ‘‘§ 2324. Internet sites dedicated to infringing (c), a domain name shall be deemed to have the products they are purchasing are activities its situs in the judicial district in which— ‘‘(A) the domain name registrar or registry legitimate because the Web sites reside ‘‘(a) DEFINITION.—For purposes of this sec- tion, an Internet site is ‘dedicated to infring- is located, provided that for a registry that at familiar-sounding domain names ing activities’ if such site— is located in more than 1 judicial district, and are complete with corporate adver- ‘‘(1) is otherwise subject to civil forfeiture venue shall be appropriate at the principal tising, credit card acceptance, and ad- to the United States Government under sec- place where the registry operations are per- vertising links that make them appear tion 2323; or formed; or legitimate. ‘‘(2) is— ‘‘(B) documents sufficient to establish con- The Combating Online Infringement ‘‘(A) primarily designed, has no demon- trol and authority regarding the disposition of the registration and use of the domain and Counterfeits Act will give the De- strable, commercially significant purpose or use other than, or is marketed by its oper- name are deposited with the court. partment of Justice an expedited proc- ator, or by a person acting in concert with ‘‘(2) DOMAINS FOR WHICH THE REGISTRY OR ess for cracking down on these rogue the operator, to offer— REGISTRAR IS NOT LOCATED DOMESTICALLY.— Web sites, regardless of whether the ‘‘(i) goods or services in violation of title ‘‘(A) ACTION BROUGHT IN DISTRICT OF COLUM- Web site’s owner is located inside or 17, United States Code, or enable or facili- BIA.—If the provisions of paragraph (1) do not outside of the United States. This leg- tate a violation of title 17, United States apply to a particular domain name, the in islation authorizes the Justice Depart- Code, including by offering or providing ac- rem action may be brought in the District of cess to, without the authorization of the Columbia to prevent the importation into ment to file an in rem civil action the United States of goods and services of- against the domain name, and to seek copyright owner or otherwise by operation of law, copies of, or public performance or dis- fered by an Internet site dedicated to in- an order from the court that the do- play of, works protected by title 17, in com- fringing activities if— main name is used to access a Web site plete or substantially complete form, by any ‘‘(i) the domain name is used to access that is dedicated to infringing activi- means, including by means of download, such Internet site in the United States; and ties. Once the court issues an order transmission, or otherwise, including the ‘‘(ii) the Internet site— against the domain name, the Attorney provision of a link or aggregated links to ‘‘(I) conducts business directed to residents of the United States; and General would have the authority to other sites or Internet resources for obtain- ing such copies for accessing such perform- ‘‘(II) harms intellectual property rights serve the domain name’s U.S. based holders that are residents of the United registry or registrar with that order, ance or displays; or ‘‘(ii) to sell or distribute goods, services, or States. which would then be required to sus- materials bearing a counterfeit mark, as ‘‘(B) DETERMINATION BY THE COURT.—For pend the infringing domain name. that term is defined in section 34(d) of the purposes of determining whether an Internet Where the registry or registrar is not Act entitled ‘An Act to provide for the reg- site conducts business directed to residents located in the United States, the Act istration and protection of trademarks used of the United States under subparagraph (A)(ii)(I), a court shall consider, among other would provide the Attorney General in commerce, to carry out the provisions of certain international conventions, and for indicia whether— the authority to serve the order on ‘‘(i) the Internet site is actually providing other specified third parties at its dis- other purposes’, approved July 5, 1946 (com- monly referred to as the ‘Trademark Act of goods or services to subscribers located in cretion, including Internet service pro- 1946’ or the ‘Lanham Act’; 15 U.S.C. 1116(d)); the United States; viders, payment processors, and online and ‘‘(ii) the Internet site states that it is not ad network providers. These third par- ‘‘(B) engaged in the activities described in intended, and has measures to prevent, in- ties, which are critical to the financial subparagraph (A), and when taken together, fringing material from being accessed in or viability of the infringing Web site’s such activities are central to the activity of delivered to the United States; the Internet site or sites accessed through a ‘‘(iii) the Internet site offers services ac- business, would then be required to cessible in the United States; and stop doing business with that Web site specific domain name. ‘‘(b) INJUNCTIVE RELIEF.—On application of ‘‘(iv) any prices for goods and services are by, for example, blocking online access the Attorney General following the com- indicated in the currency of the United to the rogue site or not processing the mencement of an action pursuant to sub- States. Web site’s purchases. section (c), the court may issue a temporary ‘‘(e) SERVICE OF COURT ORDER.— This legislation will provide the De- restraining order, a preliminary injunction, ‘‘(1) DOMESTIC DOMAINS.—In an in rem ac- or an injunction against the domain name tion to which subsection (d)(1) applies, the partment of Justice with an important Attorney General shall serve any court order tool to protect American consumers, used by an Internet site dedicated to infring- ing activities to cease and desist from under- issued pursuant to this section on the do- American businesses, and American taking any infringing activity in violation of main name registrar or, if the domain name jobs. We should not expect that enact- this section, in accordance with rule 65 of registrar is not located within the United ment of the legislation will completely the Federal Rules of Civil Procedure. A party States, upon the registry. Upon receipt of solve the problem of online infringe- described in subsection (e) receiving an order such order, the domain name registrar or do- ment, but it will make it more difficult issued pursuant to this section shall take the main name registry shall suspend operation for foreign entities to profit off Amer- appropriate actions described in subsection of, and lock, the domain name. ‘‘(2) NONDOMESTIC DOMAINS.— ican hard work and ingenuity. This bill (e). ‘‘(c) IN REM ACTION.— ‘‘(A) ENTITY TO BE SERVED.—In an in rem targets the most egregious actors, and ‘‘(1) IN GENERAL.—The Attorney General action to which subsection (d)(2) applies, the is an important first step to putting a may commence an in rem action against any Attorney General may serve any court order stop to online piracy and sale of coun- domain name used by an Internet site in the issued pursuant to this section on any entity terfeit goods. judicial district in which the domain name listed in clauses (i) through (iii) of subpara- I look forward to working with all registrar or domain name registry is located, graph (B). Senators to pass this important, bipar- or, if pursuant to subsection (d)(2), in the ‘‘(B) REQUIRED ACTIONS.—Upon receipt of a tisan legislation. District of Columbia, if— court order issued pursuant to this section— ‘‘(A) the domain name is dedicated to in- ‘‘(i) a service provider, as that term is de- Mr. President, I ask unanimous con- fringing activities; and fined in section 512(k)(1) of title 17, United sent that the text of the bill be printed ‘‘(B) the Attorney General simulta- States Code, or other operator of a domain in the RECORD. neously— name system server shall take reasonable

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7209 steps that will prevent a domain name from tivities shall automatically cease to have an ongoing investigation initiated pursuant resolving to that domain name’s Internet any force or effect upon expiration of the to such section 2324; protocol address; registration of the domain name. It shall be (4) establish standards for prioritization of ‘‘(ii) a financial transaction provider, as the responsibility of the domain name reg- actions brought under such section 2324; and that term is defined in section 5362(4) of title istrar to notify the court of such expiration. (5) provide appropriate resources and pro- 31, United States Code, shall take reasonable ‘‘(i) SAVINGS CLAUSE.—Nothing in this sec- cedures for case management and develop- measures, as expeditiously as practical, to tion shall be construed to limit civil or ment to affect timely disposition of actions prevent— criminal remedies available to any person brought under such section 2324. ‘‘(I) its service from processing trans- (including the United States) for infringing Mr. HATCH. Mr. President, I rise to actions for customers located within the activities on the Internet pursuant to any express my support for S. 3804, the United States based on purchases associated other Federal or State law. Combating Online Infringement and with the domain name; and ‘‘(j) INTERNET SITES ALLEGED BY THE DE- Counterfeits Act, as introduced by Sen- ‘‘(II) its trademarks from being authorized PARTMENT OF JUSTICE TO BE DEDICATED TO for use on Internet sites associated with such INFRINGING ACTIVITIES.— ator PATRICK LEAHY of Vermont. Over domain name; and ‘‘(1) IN GENERAL.—The Attorney General the years, Senator LEAHY and I have ‘‘(iii) a service that serves contextual or shall maintain a public listing of domain tackled some of the most complex display advertisements to Internet sites names that, upon information and reason- issues related to intellectual property shall take reasonable measures, as expedi- able belief, the Department of Justice deter- enforcement. With the introduction of tiously as practical, to prevent its network mines are dedicated to infringing activities today’s bill, we narrow our focus on the from serving advertisements to an Internet but for which the Attorney General has not pervasive practice of online piracy and site accessed through such domain name. filed an action under this section. counterfeiting. ‘‘(3) IMMUNITY.—No cause of action shall lie ‘‘(2) PROTECTION FOR UNDERTAKING CORREC- In our global economy the Internet in any Federal or State court or administra- TIVE MEASURES.—If an entity described under tive agency against any entity receiving a subsection (e) takes any action specified in has become the glue of international court order issued under this section, or such subsection with respect to a domain commerce—connecting consumers with against any director, officer, employee, or name that appears on the list established a wide-array of products and services agent thereof, for any action reasonably cal- under paragraph (1), then such entity shall worldwide. But it has also become a culated to comply with this section or aris- receive the immunity protections described tool for online thieves to sell counter- ing from such order. under subsection (e)(3). feit and pirated goods. These online ‘‘(f) PUBLICATION OF ORDERS.—The Attor- ‘‘(3) REMOVAL FROM LIST.—The Attorney thieves are making hundreds of mil- ney General shall inform the Intellectual General shall establish and publish proce- lions of dollars by luring consumers to Property Enforcement Coordinator of all dures for the owner or operator of a domain what appear to be legitimate websites, court orders issued under this section di- name appearing on the list established under rected to specific domain names associated paragraph (1) to petition the Attorney Gen- where unauthorized downloads, stream- with Internet sites dedicated to infringing eral to remove such domain name from the ing or downloaded copyrighted content activities. The Intellectual Property En- list based on any of the factors described and counterfeit goods are sold. Not forcement Coordinator shall post such do- under subsection (h)(1)(B). only do these websites facilitate mas- main names on a publicly available Internet ‘‘(4) JUDICIAL REVIEW.— sive theft of American IP, but they un- site, together with other relevant informa- ‘‘(A) IN GENERAL.—After the Attorney Gen- dermine legitimate commerce. tion, in order to inform the public. eral makes a final determination on a peti- We cannot afford to not act, espe- ‘‘(g) ENFORCEMENT OF ORDERS.—In order to tion to remove a domain name appearing on cially when, by some estimates, IP ac- compel compliance with this section, the At- the list established under paragraph (1) filed counts for a third of the market value torney General may bring an action against by an individual pursuant to the procedures of all U.S. stocks—approximately five any party receiving a court order issued pur- referred to in paragraph (3), the individual suant to this section that willfully or per- may obtain judicial review of such deter- trillion dollars or more. That accounts sistently fails to comply with such order. A mination in a civil action commenced not for more than 40 percent of the U.S. showing by the defending party in such ac- later than 90 days after notice of such deci- gross domestic product, and is greater tion that it does not have the technical sion, or such further time as the Attorney than the entire GDP of any other na- means to comply with this section shall General may allow. tion in the world. serve as a complete defense to such action. ‘‘(B) JURISDICTION.—A civil action for such Utah is considered a very popular ‘‘(h) MODIFICATION OR VACATION OF ORDERS; judicial review shall be brought in the dis- state for film and television production DISMISSAL.— trict court of the United States for the judi- activity. Nothing compares to the red ‘‘(1) MODIFICATION OR VACATION OF ORDER.— cial district in which the plaintiff resides, or rock of Southern Utah or the sweeping At any time after the issuance of a court has a principal place of business, or, if the order constituting injunctive relief under plaintiff does not reside or have a principal grandeur of the Wasatch Mountains. this section— place of business within any such judicial Not to mention Utah’s workforce is one ‘‘(A) the Attorney General may apply for a district, in the District Court of the United of the most highly educated and hard- modification of the order— States for the District of Columbia. working around. It is estimated that ‘‘(i) to expand the order to apply to a do- ‘‘(C) ANSWER.—As part of the Attorney the motion picture and television in- main name that is reconstituted using a dif- General’s answer to a complaint for such ju- dustries are responsible for over 6,930 ferent domain name subsequent to the origi- dicial review, the Attorney General shall file direct jobs and $180.8 million in wages nal order, and a certified copy of the administrative record in Utah. That is why we must combat ‘‘(ii) to include additional domain names compiled pursuant to the petition to remove, that are used in substantially the same man- including the evidence upon which the find- online piracy and counterfeiting, for ner as the Internet site against which the ac- ings and decision complained of are based. they threaten the vitality of the U.S. tion was brought, ‘‘(D) JUDGMENT.—The court shall have economy and its workforce. by providing the court with clear indicia of power to enter, upon the pleadings and tran- Just recently the Congressional joint control, ownership, or operation of the script of the record, a judgment affirming or International Anti-Piracy Caucus, on Internet site associated with the domain reversing the result of the Attorney Gen- which I serve as cochairman, intro- name subject to the order and the Internet eral’s determination on the petition to re- duced the 2010 International Piracy site associated with the requested modifica- move, with or without remanding the cause Watch List, a report of those nations for a rehearing.’’. tion; and where copyright piracy has reached ‘‘(B) a defendant or owner or operator of a SEC. 3. REQUIRED ACTIONS BY THE ATTORNEY alarming levels. For the first time the domain name subject to the order, or any GENERAL. party required to take action based on the The Attorney General shall— Caucus also highlighted the problem of order, may petition the court to modify, sus- (1) publish procedures to receive informa- websites that provide unauthorized ac- pend, or vacate the order, based on evidence tion from the public about Internet sites cess to copyrighted works made by that— that are dedicated to infringing activities, as U.S. creators. The websites singled out ‘‘(i) the Internet site associated with the that term is defined under section 2324 of were China’s Baidu, Canada’s isoHunt, domain name subject to the order is no title 18, United States Code; Ukraine’s MP3fiesta, Sweden’s Pirate longer dedicated to infringing activities; or (2) provide guidance to intellectual prop- Bay, Germany’s Rapidshare and ‘‘(ii) the interests of justice require that erty rights holders about what information Luxembourg’s RMX4U. This is a sober- the order be modified, suspended, or vacated. such rights holders should provide the De- ‘‘(2) DISMISSAL OF ORDER.—A court order partment of Justice to initiate an investiga- ing reminder of just how organized and constituting injunctive relief under this sec- tion pursuant to such section 2324; sophisticated these websites have be- tion issued against a domain name used by (3) provide guidance to intellectual prop- come in perpetrating online criminal an Internet site dedicated to infringing ac- erty rights holders about how to supplement activity.

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7210 CONGRESSIONAL RECORD — SENATE September 20, 2010 There is no quick fix to this problem, rious felonies, police weren’t able to charges are dismissed or not filed with- unfortunately. But one thing is for cer- get a match until about three years in the applicable time period. Further- tain: doing nothing is not an option. after the murder when the man was more, the bill provides that as a condi- We must explore ways, albeit in incre- sent to prison after being convicted of tion of receiving a grant states must mental steps, to take down offending unrelated crimes. notify individuals who submit samples websites. For this reason, I believe the If New Mexico had the arrestee law of the relevant expungement proce- Combating Online Infringement and then that it has today it would have dures and post the information on a Counterfeits Act is a critical step for- taken three months, not three years, to public Web site. ward in our ongoing fight against on- solve the crime. Katie’s mother, Lastly, I would like to address the line piracy and counterfeiting. Jayann, has worked tirelessly at the concerns some have raised about the If enacted, the Combating Online In- state and Federal level to give law en- constitutionality of collecting arrestee fringement and Counterfeits Act would forcement the tools they need to DNA. Although courts have upheld the provide the Department of Justice, promptly solve crimes and ensure that collection of arrestee DNA, I recognize DOJ, an expedited process for cracking other mothers don’t have to suffer the that the question of whether the col- down on websites that traffic in pirated same horrible ordeal that her family lection of a DNA sample from an ar- goods or services. has. I commend Congressman TEAGUE restee is consistent with the Fourth The bill would also authorize the for taking up this cause in the House, Amendment isn’t a completely settled DOJ to file an in rem civil action and I look forward to helping with this question of law. Some courts have against a domain name, and seek a pre- effort in the Senate. viewed the collection as something liminary order from the court that the We can’t get Katie back, or the other akin to fingerprinting and other courts domain name is being used to sell in- lives that have been lost to these have viewed it as a more intrusive fringing material. senseless crimes, but we can do some- search, such as the taking of a blood If this legislation is enacted, the DOJ thing to help solve cases and prevent sample. However, the Department of will be required to publish notice of the similar crimes from occurring in the Justice has stated that it believes that action promptly after filing, and it future. One such step is to enhance the this legislation is constitutional and is would have to demonstrate that the capacity of states to collect the DNA of supportive of encouraging states to owners of the site engaged in substan- individuals arrested for certain felony pass DNA arrestee laws. I believe that tial and repeated online piracy or coun- crimes, which would substantially in- such programs, with appropriate safe- terfeiting. The bill also includes sub- crease the ability of law enforcement guards in place, have demonstrated stantial safeguards to prevent abuse by to match DNA found at crimes scenes that they can be a very effective mech- the DOJ. For example, a Federal court with that of suspects and individuals anism to save lives, solve crimes, and would have the final say as to whether who have been previously arrested, prevent wrongful convictions. a particular site would be cut off from charged, or convicted of crimes. For these reasons, I urge my col- supportive services. In addition, the The Federal Government and about leagues to support this important leg- bill would allow owners or site opera- half the states, including New Mexico, islation. tors to petition the court to lift the currently collect arrestee DNA for seri- order. ous offenses. This has proven to be a By Mr. LIEBERMAN (for himself, I am pleased with the progress that very effective tool in solving cases, and Ms. COLLINS, Mr. AKAKA, and we have made so far on this bill and it makes sense to incentivize states to Mr. VOINOVICH): look forward to working with my col- continue and to expand this effort. S. 3806. A bill to protect Federal em- leagues on further refinements as it Since New Mexico implemented ployees and visitors, improve the secu- moves through the legislative process. ‘‘Katie’s Law’’ in 2007, there have been rity of Federal facilities and authorize We must take steps to combat those about 100 matches of arrestees. It is and modernize the Federal Protective websites that are profiting from stolen also important to note that DNA col- Service; to the Committee on Home- American intellectual property. lection has not only demonstrated its land Security and Governmental Af- effectiveness in terms of saving lives fairs. By Mr. BINGAMAN (for himself, and preventing crimes, but it has also Mr. LIEBERMAN. Mr. President, I Mr. UDALL of New Mexico, Mr. proved to be an important means of en- am pleased to join with Senators COL- SCHUMER, and Mr. BENNET): suring that innocent individuals are LINS, AKAKA, and VOINOVICH today to S. 3805. A bill to authorize the Attor- not mistakenly jailed for crimes they introduce the bipartisan SECURE Fa- ney General to award grants for States did not commit. cilities Act of 2010—legislation that to implement minimum and enhanced Let me take a moment to specifically would modernize and reform an impor- DNA collection processes; to the Com- describe what this legislation would, tant but often overlooked agency with- mittee on the Judiciary. and would not, do. First, this legisla- in the Department of Homeland Secu- Mr. BINGAMAN. Mr. President, I rise tion is aimed at creating an incentive rity, DHS: the Federal Protective Serv- today to introduce the Katie Sepich for states to enact arrestee DNA collec- ice, FPS. Enhanced DNA Collection Act of 2010. I tion programs. It is not a mandate. FPS—with just 1,200 full time em- am pleased that Senators UDALL of States that meet minimum collection ployees and approximately 15,000 con- New Mexico, SCHUMER, and BENNET of guidelines could apply for DOJ grant tract guards—is responsible for secu- Colorado, are joining me today in spon- assistance in covering the first-year rity at 9,000 Federal buildings across soring this important piece of legisla- costs that they have incurred or will the land. That mission, unfortunately, tion. incur in implementing the standards. If is in grave peril—due to severe budget Similar legislation, which was cham- they enact laws in accordance with the shortfalls, mismanagement, and mul- pioned in the House of Representatives enhanced guidelines, States would be tiple operational challenges. That is by Congressman TEAGUE, overwhelm- eligible for an additional bonus pay- why we are introducing legislation ingly passed that body with a bipar- ment. today to reform the agency, provide it tisan vote of 357 to 32. The bill is Second, the bill encourages DNA with adequate resources, strengthen its named after Katie Sepich, a promising testing for serious felonies, such as management capabilities, and help it graduate student attending New Mex- murder, sex crimes, aggravated as- function at a higher level so it can pro- ico State University who was trag- sault, and burglary. It is narrowly tai- tect visitors and employees at Federal ically murdered in 2003. lored to apply to the most serious buildings across this country more ef- The man who killed Katie was ar- crimes. Third, the legislation provides fectively. rested for aggravated assault about that all of the expungement provisions Let me provide some background. three months after the murder. Al- under federal law are applicable. When FPS was folded into DHS in 2003, though police had collected the killer’s Arrestees who have their DNA included it lost access to supplemental funding DNA from the crime scene, because in the federal database may have their from its previous parent agency—the there was no requirement that DNA be records expunged if their conviction is General Services Administration. FPS taken from individuals arrested for se- overturned, they are acquitted, or immediately ran into trouble. It had

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All this occurred even as the ice is to be held accountable—by Con- GAO found that the security provided agency was given more responsibilities, gress, the administration, and the at Federal buildings by FPS personnel and the Administration was trying to American people—it should no longer and contract security guards fell well downsize the FPS workforce by one- be forced to defend Federal agencies short of what we expect of them. Some third. that choose to implement less costly guards lacked basic security or x-ray To assist us in our oversight of the and potentially less effective security machine training. The FPS was hard agency, Senators COLLINS, AKAKA, countermeasures for buildings. pressed to identify which guards were VOINOVICH, and I asked the Government Our bill would provide additional qualified or effective, leading to sev- Accountability Office, GAO, in Feb- funding for the agency by directing eral embarrassing incidents. One guard ruary 2007 to initiate a comprehensive OMB to adjust the building security used a government computer to run an review of the FPS. GAO reported to fees paid by other agencies to ensure adult website during his shift, while Congress 8 times between 2004 and 2010 adequate funding for FPS. We would another inattentive guard allowed a on the financial and management chal- provide sufficient resources so that baby in a carrier to pass through an X- lenges at FPS, and made 32 rec- FPS can hire 500 full time employees ray machine. A third guard was photo- ommendations for improvement, some over the next 4 years. We would also graphed asleep at his station. of which FPS adopted. ensure that FPS never employs fewer GAO’s special investigations unit What did GAO find? Unfortunately, it than 1,200 full time employees at any conducted its own covert tests at ten found a seriously dysfunctional agency point—a conservative number that high security Federal facilities in sev- that lacked much, if any, focus or may well require an increase over time. eral different cities. Using readily strategy for accomplishing its mis- While many of those additional 500 available components to make a liquid- sion—where guards were caught sleep- new employees will be law enforcement based improvised explosive device, they ing on the job, and GAO investigators officers, the legislation also provides smuggled the components through se- were able to successfully smuggle FPS with the flexibility to hire addi- curity, manufactured a bomb in a pub- bomb-making ingredients past security tional administrative and support per- lic restroom, and then moved through- to build an explosive device in a rest- sonnel, allowing it to improve its over- out the Federal building undetected. room and then stroll around the build- all management, strengthen its over- Some of the buildings tested by GAO ing undetected. GAO’s review con- sight of contract guards, monitor con- investigators house district offices for cluded that contract guards lacked tractor performance, and share con- our colleagues right here in the House adequate training, FPS personnel suf- tract assessments throughout the and Senate. I note, however, that while fered from low morale, oversight of the agency. The legislation also provides the components were real, the actual contract guards was poor, and that Federal law enforcement retirement explosive liquids were diluted to ensure many of the standards that guide Fed- benefits to FPS officers, to help the the bomb was not functional. eral building security and guard behav- agency recruit and retain quality per- Based on the Committee’s and GAO’s ior are outdated. sonnel. oversight work over the past several The SECURE Facilities Act of 2010 The bill further would require the years, it is clear that Congress must addresses these shortcomings and in- FPS to maintain overt and covert test- move quickly to address the remaining corporates recommendations from ing programs to assess the training of security vulnerabilities associated GAO. For the first time, we would for- guards, the security of Federal facili- with our Federal buildings. mally authorize the Federal Protective ties, and to establish procedures for re- I am confident that this comprehen- Service and the interagency govern- training or terminating ineffective sive, bipartisan legislation will foster ment body responsible for establishing guards. The bill ensures the basic docu- meaningful reform, modernize the Fed- security standards for all Federal fa- ments outlining a security guard’s gen- eral Protective Service, and improve cilities, the Interagency Security Com- eral and specific responsibilities, the the security of our Federal facilities mittee. Our legislation also addresses Security Guard Information Manual, across the country. I urge my col- four major challenges. and their post orders, are up to date leagues to support the bill and I thank First, the bill ensures that FPS has and periodically reviewed. Senator COLLINS, Senator AKAKA, Sen- sufficient personnel to carry out its We would require DHS to establish ator VOINOVICH and their hardworking mission. Though the agency has as- performance-based standards for staffs for all that they have done on sumed increased responsibilities since checkpoint detection technologies for this issue so we could introduce this it joined DHS, it has done so with explosives and other threats at Federal bill today. fewer personnel. facilities. It would allow FPS officers Mr. President, I ask unanimous con- Second, our legislation tackles defi- to carry firearms off duty, as most sent that the text of the bill be printed ciencies within the contract guard pro- other Federal law enforcement officers in the RECORD. gram. FPS contract guards are the can, allowing them to respond to inci- There being no objection, the text of first line of defense at Federal facili- dents more quickly. Finally, the bill the bill was ordered to be printed in ties, so we must ensure they are held includes several reporting require- the RECORD, as follows: to a high standard and are prepared ments, including one on agency per- S. 3806 and equipped to face the many dif- sonnel needs, one on retention rates of Be it enacted by the Senate and House of Rep- ferent kinds of threats Federal build- contract guards, and another looking resentatives of the United States of America in ings are vulnerable to. at the feasibility of federalizing the Congress assembled, Third, the bill ensures the FPS is fo- contract guard workforce. SECTION 1. SHORT TITLE. cused and prepared to address the We are deeply indebted to the excel- This Act may be cited as the ‘‘Supporting threat of explosives. The 1995 bombing lent work of GAO which we highlighted Employee Competency and Updating Readi- of the Alfred P. Murrah Federal Build- in a July 8, 2009, Homeland Security ness Enhancements for Facilities Act of ing in Oklahoma City drew our atten- and Governmental Affairs Committee 2010’’ or the ‘‘SECURE Facilities Act of tion to this threat, but FPS has been hearing. At the hearing, GAO unveiled 2010’’. slow to deploy sufficient counter- the results of its year-long investiga- SEC. 2. DEFINITIONS. measures to detect and deter this type tion conducted at the Committee’s re- In this Act: of attack. quest. GAO visited 6 of 11 FPS regions (1) APPROPRIATE CONGRESSIONAL COMMIT- Fourth, our bill is mindful of the throughout the country and observed TEES.—The term ‘‘appropriate congressional committees’’ means— delicate balance between public access the guard inspection process; inter- (A) the Committee on Homeland Security and security. We have worked to en- viewed regional managers, inspectors, and Governmental Affairs of the Senate; sure that the emphasis on securing guards and contract guard managers; (B) the Committee on Appropriations of Federal facilities remains on security met with representatives from security the Senate;

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FEDERAL PROTECTIVE SERVICE.—The term curity of Federal facilities protected by the (2) DIRECTOR.—The term ‘‘Director’’ means ‘Federal facility protected by the Federal Federal Protective Service. the Director of the Federal Protective Serv- Protective Service’— ‘‘(6) INSPECTIONS.—The Director shall in- ice. ‘‘(A) means those facilities owned or leased spect Federal facilities protected by the Fed- (3) FEDERAL FACILITY.—The term ‘‘Federal by the General Services Administration, and eral Protective Service for the purpose of de- facility’’— other facilities at the discretion of the Sec- termining compliance with Federal security (A) means any building and grounds and all retary; and standards. property located in or on that building and ‘‘(B) does not include any facility, or por- ‘‘(7) PERSONNEL.—The Director shall pro- grounds, that are owned, occupied or secured tion thereof, which the United States Mar- vide adequate numbers of trained personnel by the Federal Government, including any shals Service is responsible for under section to ensure Federal security standards are agency, instrumentality or wholly owned or 566 of title 28, United States Code. met. mixed-ownership corporation of the Federal ‘‘(7) FEDERAL PROTECTIVE SERVICE OFFI- ‘‘(8) INFORMATION SHARING.—The Director Government; and CER.—The term ‘Federal protective service shall provide crime prevention and threat (B) does not include any building, grounds, officer’— awareness training to tenants of Federal fa- or property used for military activities. ‘‘(A) has the meaning given under sections cilities. (4) FEDERAL PROTECTIVE SERVICE OFFICER.— 8331 and 8401 of title 5, United States Code; ‘‘(9) PATROL.—The Director shall ensure The term ‘‘Federal protective service offi- and areas in and around Federal facilities pro- cer’’— ‘‘(B) includes any other employee of the tected by the Federal Protective Service are (A) has the meaning given under sections Federal Protective Service designated as a regularly patrolled by Federal Protective 8331 and 8401 of title 5, United States Code; Federal protective service officer by the Sec- Service officers. and retary. ‘‘SEC. 243. FULL-TIME EQUIVALENT EMPLOYEE (B) includes any other employee of the ‘‘(8) INFRASTRUCTURE SECURITY CANINE REQUIREMENTS. Federal Protective Service designated as a TEAM.—The term ‘infrastructure security ca- ‘‘(a) IN GENERAL.—The Director shall en- Federal protective service officer by the Sec- nine team’ means a canine and a Federal sure that the Federal Protective Service retary. protective service officer that are trained to maintains not fewer than— (5) QUALIFIED CONSULTANT.—The term detect explosives or other threats as defined ‘‘(1) 1,350 full-time equivalent employees, ‘‘qualified consultant’’ means an non-Federal by the Secretary. including not fewer than 950 in-service field entity with experience in homeland security, ‘‘(9) IN-SERVICE FIELD STAFF.—The term ‘in- staff in fiscal year 2011; infrastructure protection and physical secu- service field staff’ means Federal Protective ‘‘(2) 1,500 full-time equivalent employees, rity, Government workforce issues, and Fed- Service law enforcement officers who, while including not fewer than 1,025 in-service field eral human capital policies. working, are directly engaged on a daily staff in fiscal year 2012; (6) SECRETARY.—The term ‘‘Secretary’’ basis protecting and enforcing law at Federal ‘‘(3) 1,600 full-time equivalent employees, means the Secretary of Homeland Security. facilities, including police officers, inspec- including not fewer than 1,075 in-service field SEC. 3. FEDERAL PROTECTIVE SERVICE. tors, area commanders and special agents, staff in fiscal year 2013; and (a) IN GENERAL.—Title II of the Homeland and such other equivalent positions as des- ‘‘(4) 1,700 full-time equivalent employees, Security Act of 2002 (6 U.S.C. 121 et seq.) is ignated by the Secretary. including not fewer than 1,125 in-service field amended by adding at the end the following: ‘‘(10) SECURITY ORGANIZATION.—The term staff in fiscal year 2014. ‘‘Subtitle E—Federal Protective Service ‘security organization’ means an agency or ‘‘(b) MINIMUM FULL-TIME EQUIVALENT EM- ‘‘SEC. 241. DEFINITIONS. an internal agency component responsible PLOYEE LEVEL.— ‘‘In this subtitle: for security at a specific Federal facility. ‘‘(1) IN GENERAL.—The Director shall en- ‘‘(1) AGENCY.—The term ‘agency’ means an ‘‘SEC. 242. ESTABLISHMENT. sure that the Federal Protective Service executive agency. ‘‘(a) ESTABLISHMENT.—There is established shall maintain at any time not fewer than ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- the Federal Protective Service within the 1,200 full-time equivalent employees, includ- TEES.—The term ‘appropriate congressional Department of Homeland Security. ing not fewer than 900 in-service field staff. committees’ means— ‘‘(b) MISSION.—The mission of the Federal ‘‘(2) REPORT.—In any fiscal year after fiscal ‘‘(A) the Committee on Homeland Security Protective Service is to render Federal fa- year 2014 in which the number of full-time and Governmental Affairs of the Senate; cilities protected by the Federal Protective equivalent employees of the Federal Protec- ‘‘(B) the Committee on Appropriations of Service safe and secure for Federal employ- tive Service is fewer than the number of full- the Senate; ees, officials, and visitors in a professional time equivalent employees of the Federal ‘‘(C) the Committee on Homeland Security manner. Protective Service in the previous fiscal of the House of Representatives; ‘‘(c) DIRECTOR.—The head of the Federal year, the Director shall submit a report to ‘‘(D) the Committee on Transportation and Protective Service shall be the Director of the appropriate congressional committees Infrastructure of the House of Representa- the Federal Protective Service. The Director that provides— tives; and shall report to the Under Secretary for the ‘‘(A) an explanation of the decrease in full- ‘‘(E) the Committee on Appropriations of National Protection and Programs Direc- time equivalent employees; and the House of Representatives. torate. ‘‘(B) a revised model of the number of full- ‘‘(3) DIRECTOR.—The term ‘Director’ means ‘‘(d) DUTIES AND POWERS OF THE DIREC- time equivalent employees projected for fu- the Director of the Federal Protective Serv- TOR.— ture fiscal years. ice. ‘‘(1) IN GENERAL.—Subject to the super- ‘‘SEC. 244. OVERSIGHT OF CONTRACT GUARD ‘‘(4) FACILITY SECURITY LEVEL.—The term vision and direction of the Secretary, the Di- SERVICES. ‘facility security level’— rector shall be responsible for the manage- ‘‘(a) ARMED GUARD TRAINING REQUIRE- ‘‘(A) means a rating of each Federal facil- ment and administration of the Federal Pro- MENTS.— ity based on the analysis of several facility tective Service and the employees and pro- ‘‘(1) ESTABLISHMENT.—Not later than 90 factors that provides a basis for that facili- grams of the Federal Protective Service. days after the date of enactment of the Sup- ty’s attractiveness as a target and potential ‘‘(2) PROTECTION.—The Director shall se- porting Employee Competency and Updating affects or consequences of a criminal or ter- cure Federal facilities which are protected Readiness Enhancements for Facilities Act rorist attack, which then serves as a basis by the Federal Protective Service, and safe- of 2010, the Director shall establish minimum for the implementation of certain levels of guard all occupants, including Federal em- training requirements for all armed guards security protection; and ployees, officers, and visitors. procured by the Federal Protective Service. ‘‘(B) is determined by the Federal Protec- ‘‘(3) ENFORCEMENT POLICY.—The Director ‘‘(2) REQUIREMENTS.—Training require- tive Service, or agency authorized to provide shall establish and direct the policies of the ments under this subsection shall include— all protective services for a facility under Federal Protective Service, and advise the ‘‘(A) at least 80 hours of instruction before the provisions of section 263 and guided by Under Secretary for the National Protection a guard may be deployed, and at least 16 Interagency Security Committee standards. and Programs Directorate on policy matters hours of recurrent training on an annual ‘‘(5) FEDERAL FACILITY.—The term ‘Federal relating to the Federal Protective Service. basis thereafter; and facility’— ‘‘(4) TRAINING.—The Director shall— ‘‘(B) Federal Protective Service moni- ‘‘(A) means any building and grounds and ‘‘(A) determine the minimum level of toring or provision of the initial training of all property located in or on that building training or certification for— armed guards procured by the Federal Pro- and grounds, that are owned, occupied or se- ‘‘(i) employees of the Federal Protective tective Service of — cured by the Federal Government, including Service; and ‘‘(i) at least 10 percent of the hours of re- any agency, instrumentality or wholly ‘‘(ii) armed contract security guards; and quired instruction in fiscal year 2011;

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7213 ‘‘(ii) at least 15 percent of the hours of re- ‘‘(B) encourage State and local govern- of individuals who are screened with ad- quired instruction in fiscal year 2012; ments and private owners of high-risk facili- vanced imaging technology. ‘‘(iii) at least 20 percent of the hours of re- ties to strengthen security through the use ‘‘(2) PROHIBITION ON STORED IMAGES.—An quired instruction in fiscal year 2013; and of highly trained infrastructure security ca- agency may not store images of individuals ‘‘(iv) at least 25 percent of the hours of re- nine teams. screened by advanced imaging technology. quired instruction in fiscal year 2014 and ‘‘(2) INFRASTRUCTURE SECURITY CANINE ‘‘(3) REGULATIONS.—Before the deployment each fiscal year thereafter. TEAMS.—To the extent practicable, the Di- of any advanced imaging technology which ‘‘(b) TRAINING AND SECURITY ASSESSMENT rector shall increase the number of infra- generates images of individuals that are PROGRAM.— structure security canine teams by— viewed by a human operator, the Secretary ‘‘(1) ESTABLISHMENT.—Not later than 180 ‘‘(A) partnering with the Customs and Bor- shall prescribe regulations to protect the pri- days after the date of enactment of the Sup- der Protection Canine Enforcement Program vacy of individuals who are screened using porting Employee Competency and Updating and the Canine Training Center Front Royal, that advanced imaging technology. Readiness Enhancements for Facilities Act the Transportation Security Administra- ‘‘(c) COORDINATION.—The Secretary shall of 2010, the Director shall establish a pro- tion’s National Explosives Detection Canine coordinate with the Administrator of the gram to periodically assess— Team Training Center, or other offices or General Services Administration and the ‘‘(A) the training of guards procured by the agencies within the Department with estab- head of the relevant agencies in the deploy- Federal Protective Service for the protection lished canine training programs; ment under subsection (a). of Federal facilities; and ‘‘(B) partnering with agencies, State or ‘‘(d) REPORT.—Not later than 1 year after ‘‘(B) the security of Federal facilities. local government agencies, nonprofit organi- the implementation of this section, the Sec- ‘‘(2) PROGRAM.—The program under this zations, universities, or the private sector to retary shall submit a report to the appro- subsection shall include an assessment of— increase the training capacity for canine de- priate congressional committees that in- ‘‘(A) methods to test the training and cer- tection teams; or cludes— tifications of guards; ‘‘(C) procuring explosives detection canines ‘‘(1) an analysis of the readiness or use of ‘‘(B) a remedial training program for trained by nonprofit organizations, univer- automatic detection technology for building guards; sities, or the private sector, if the canines security; ‘‘(C) procedures for taking personnel ac- are trained in a manner consistent with the ‘‘(2) an evaluation of the lessons learned tions, including processes for removing indi- standards and requirements developed under from the advanced imaging technology im- viduals who fail to conform to the training subsection (b) or other criteria developed by plemented under this section; or performance requirements of the contract; the Secretary. ‘‘(3) an analysis of the effect of such imple- and ‘‘(b) STANDARDS FOR INFRASTRUCTURE SE- mentation on entry into Federal facilities; ‘‘(D) an overt and covert testing program CURITY CANINE TEAMS.— ‘‘(4) an analysis for requirements, includ- for the purposes of assessing guard perform- ‘‘(1) IN GENERAL.—The Director shall estab- ing costs, to install and maintain advanced ance and other facility security counter- lish criteria, including canine training cur- imaging technology; and measures. ricula, performance standards, and other re- ‘‘(5) an analysis of the privacy protections ‘‘(3) REPORTS.—The Director shall annually quirements, necessary to ensure that infra- used under the program. submit a report to the appropriate congres- structure security canine teams trained by ‘‘SEC. 247. CHECKPOINT DETECTION TECH- sional committees, in a classified manner, if nonprofit organizations, universities, and NOLOGY STANDARDS. necessary, on the results of the assessment private sector entities are adequately ‘‘The Under Secretary for the National of the overt and covert testing program of trained and maintained. Protection and Programs Directorate, in co- the Federal Protective Service. ‘‘(2) EXPANSION.—In developing and imple- ordination with the Under Secretary for ‘‘(c) REVISION OF GUARD MANUAL AND POST menting the criteria, the Director shall— Science and Technology, and in consultation ORDERS.— ‘‘(A) coordinate with key stakeholders, in- with the Interagency Security Committee, ‘‘(1) IN GENERAL.—Not later than 180 days cluding international, Federal, State, and shall develop performance-based standards after the date of enactment of the Sup- local government officials, and private sec- for checkpoint detection technologies for ex- porting Employee Competency and Updating tor and academic entities to develop best plosives and other threats at Federal facili- Readiness Enhancements for Facilities Act practice guidelines; ties. ‘‘(B) require that canine teams trained by of 2010, the Director shall— ‘‘SEC. 248. COMPLIANCE OF FEDERAL FACILITIES ‘‘(A) update the Security Guard Informa- nonprofit organizations, universities, or pri- WITH FEDERAL SECURITY STAND- tion Manual and post orders for each guard vate sector entities that are used or made ARDS. post overseen by the Federal Protective available by the Secretary be trained con- ‘‘(a) IN GENERAL.—The Director may assess Service; or sistent with the criteria; and security charges to an agency that is the ‘‘(B) certify to the Secretary that the Se- ‘‘(C) review the status of the private sector owner or the tenant of a Federal facility pro- curity Guard Information Manual and post programs on at least an annual basis to en- tected by the Federal Protective Service in orders described under subparagraph (A) sure compliance with the criteria. addition to any security charge assessed have been updated during the 1-year period ‘‘(c) DEPLOYMENT.—The Director— under section 249 for the costs of necessary preceding the date of enactment of the Sup- ‘‘(1) shall use the additional canine teams security countermeasures if— porting Employee Competency and Updating increased under subsection (a) to enhance se- ‘‘(1) the Director, in coordination with the Readiness Enhancements for Facilities Act curity at Federal facilities; Interagency Security Committee, deter- of 2010. ‘‘(2) may use the additional canine teams mines a Federal facility to be in noncompli- increased under subsection (a) on a more ‘‘(2) REVIEW AND UPDATE.—Beginning with ance with Federal security standards estab- the first calendar year following the date of limited basis to support other homeland se- lished by the Interagency Security Com- enactment of the Supporting Employee Com- curity missions; mittee; and petency and Updating Readiness Enhance- ‘‘(3) may make available canine teams ‘‘(2) the Interagency Security Committee ments for Facilities Act of 2010, and every 2 from other agencies within the Depart- or the Director of the Federal Protective years thereafter, the Director shall review ment— Service— and update the Security Guard Information ‘‘(A) for high-risk areas; ‘‘(A) provided notice to that agency and Manual and post orders for each guard post ‘‘(B) to address specific threats; or the Facility Security Committee of— overseen by the Federal Protective Service. ‘‘(C) on an as-needed basis; and ‘‘(i) the noncompliance; ‘‘(4) shall encourage, but not require, any ‘‘(d) DATABASE OF GUARD SERVICE CON- ‘‘(ii) the actions necessary to be in compli- Federal facility under the purview of Federal TRACTS.—The Director shall establish a data- ance; and Protective Service to deploy Federal Protec- base to monitor all contracts for guard serv- ‘‘(iii) the latest date on which such actions tive Service-certified infrastructure security ices. The database shall include information need to be taken; and canine teams developed under this section. relating to contract performance. ‘‘(B) the agency is not in compliance by ‘‘(d) CANINE PROCUREMENT.—The Director, that date. ‘‘SEC. 245. INFRASTRUCTURE SECURITY CANINE shall ensure that infrastructure security ca- ‘‘(b) REPORT ON NONCOMPLIANT FACILI- TEAMS. nine teams are procured as efficiently as pos- ‘‘(a) IN GENERAL.— sible and at the lowest cost, while maintain- TIES.—The Director shall submit a report to ‘‘(1) INCREASED CAPACITY.—Not later than ing the needed level of quality. the appropriate congressional committees, in a classified manner if necessary, of any fa- 180 days after the date of enactment of the ‘‘SEC. 246. ADVANCED IMAGING TECHNOLOGY. cility determined to be in noncompliance Supporting Employee Competency and Up- ‘‘(a) IN GENERAL.—The Secretary, acting dating Readiness Enhancements for Facili- through the Director of the Federal Protec- with the Federal security standards estab- ties Act of 2010, the Director shall— tive Service, shall designate 3 Federal facili- lished by the Interagency Security Com- ‘‘(A) begin to increase the number of infra- ties protected by the Federal Protective mittee. structure security canine teams certified by Service for the deployment of advanced im- ‘‘SEC. 249. FEES FOR PROTECTIVE SERVICES. the Federal Protective Service for the pur- aging technology. ‘‘(a) IN GENERAL.—The Director of the Fed- poses of infrastructure-related security by ‘‘(b) PRIVACY PROTECTION.— eral Protective Service may assess and col- up to 10 canine teams in each of fiscal years ‘‘(1) PROCEDURES.—The Secretary shall es- lect fees and security charges from agencies 2011 through 2014; and tablish procedures that protect the privacy for the costs of providing protective services.

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‘‘(b) DEPOSIT OF FEES.—Any fees or secu- ‘‘(I) National Capital Planning Commis- ‘‘(1) ESTABLISHMENT.—The Committee shall rity charges paid under this section shall be sion. establish an appeals board to consider ap- deposited in the appropriations account ‘‘(J) National Institute of Standards & peals from any Facility Security Committee under the heading ‘FEDERAL PROTECTION Technology. of— SERVICES’ under the heading ‘NATIONAL PRO- ‘‘(K) Nuclear Regulatory Commission. ‘‘(A) a facility security level determina- TECTION AND PROGRAMS DIRECTORATE’ of the ‘‘(L) Office of Personnel Management. tion; Department of Homeland Security. ‘‘(M) Securities and Exchange Commission. ‘‘(B) Federal Protective Service or des- ‘‘(c) ADJUSTMENT OF FEES.—The Director of ‘‘(N) Smithsonian Institution. ignated security organization recommenda- the Office of Management and Budget shall ‘‘(O) Social Security Administration. tions for countermeasures for a facility; or adjust fees as necessary to carry out this ‘‘(P) United States Coast Guard. ‘‘(C) a determination of noncompliance subtitle. ‘‘(Q) United States Postal Service. with Federal facility security standards. ‘‘Subtitle F—Interagency Security Committee ‘‘(R) United States Army Corps of Engi- ‘‘(2) MEMBERSHIP.— ‘‘SEC. 261. DEFINITIONS. neers. ‘‘(A) IN GENERAL.—The appeals board shall ‘‘In this subtitle, the definitions under sec- ‘‘(S) Court Services and Offender Super- consist of 7 voting members of the Com- tion 241 shall apply. vision Agency. mittee, of whom— ‘‘SEC. 262. INTERAGENCY SECURITY COMMITTEE. ‘‘(T) Any other Federal officers as the ‘‘(i) 1 shall be designated by the Secretary; President shall appoint. ‘‘(ii) 4 shall be selected by the voting mem- ‘‘(a) ESTABLISHMENT.—There is established ‘‘(d) WORKING GROUPS.—The Committee within the executive branch the Interagency bers of the Committee; and may establish interagency working groups to Security Committee (in this subtitle referred ‘‘(iii) 2 shall be selected by the voting perform such tasks as may be directed by the members of the Committee to serve as alter- to as the ‘Committee’). Committee. ‘‘(b) CHAIRPERSON.—The Committee shall nates in the case of recusal by a member of ‘‘(e) CONSULTATION.—The Committee may the appeals board. be chaired by the Secretary, or the designee consult with other parties, including the Ad- of the Secretary. The chairperson shall be re- ‘‘(B) RECUSAL.—An appeals board member ministrative Office of the United States shall recuse himself or herself from any ap- sponsible for the daily operations of the Courts, to perform its responsibilities, and, Committee and appeals board, final approval peal from an agency which that member rep- at the discretion of the Committee, such resents. and enforcement of Committee standards, other parties may participate in the working and the promulgation of regulations related ‘‘(3) FINAL APPEAL.—A decision of the ap- groups. peals board is final and shall not be subject to Federal facility security prescribed by the ‘‘(f) MEETINGS.—The Committee shall at to administrative or judicial review. Committee. minimum meet quarterly. ‘‘(i) AGENCY SUPPORT AND COOPERATION.— ‘‘(c) MEMBERSHIP.— ‘‘(g) RESPONSIBILITIES.—The Committee ‘‘(1) VOTING MEMBERS.—The Committee shall— ‘‘(1) ADMINISTRATIVE SUPPORT.—To the ex- shall consist of the following voting mem- ‘‘(1) not later than 180 days after the date tent permitted by law and subject to the bers: of enactment of the Supporting Employee availability of appropriations, the Secretary ‘‘(A) AGENCY REPRESENTATIVES.—Rep- Competency and Updating Readiness En- shall provide the Committee such adminis- resentatives from the following agencies, ap- hancements for Facilities Act of 2010, pre- trative services, funds, facilities, staff and pointed by the agency heads: scribe regulations— other support services as may be necessary ‘‘(i) Department of Homeland Security. ‘‘(A) for determining facility security lev- for the performance of the functions of the ‘‘(ii) Department of State. els, unless the Committee determines that Committee. ‘‘(iii) Department of the Treasury. similar regulations are issued by the Sec- ‘‘(2) COOPERATION AND COMPLIANCE.— ‘‘(iv) Department of Defense. retary before the end of that 90-day period; ‘‘(A) IN GENERAL.—Each agency shall co- ‘‘(v) Department of Justice. and operate and comply with the policies and ‘‘(vi) Department of the Interior. ‘‘(B) to establish risk-based performance recommendations of the Committee. ‘‘(vii) Department of Agriculture. standards for the security of Federal facili- ‘‘(B) SUPPORT.—To the extent permitted by ‘‘(viii) Department of Commerce. ties, unless the Committee determines that law and subject to the availability of appro- ‘‘(ix) Department of Labor. similar regulations are issued by the Sec- priations, agencies shall provide such sup- ‘‘(x) Department of Health and Human retary before the end of that 90-day period; port as may be necessary to enable the Com- Services. ‘‘(2) establish protocols for the testing of mittee to perform the duties and responsibil- ‘‘(xi) Department of Housing and Urban the compliance of Federal facilities with ities of the Committee. Development. Federal security standards, including a ‘‘(3) COMPLIANCE.—The Secretary shall be ‘‘(xii) Department of Transportation. mechanism for the initial and recurrent test- responsible for monitoring agency compli- ‘‘(xiii) Department of Energy. ing of Federal facilities; ance with the policies and recommendations ‘‘(xiv) Department of Education. ‘‘(3) prescribe regulations to determine of the Committee. ‘‘(xv) Department of Veterans Affairs. minimum levels of training and certification ‘‘(j) AUTHORIZATION.—There are authorized ‘‘(xvi) Environmental Protection Agency. of contract guards; to be appropriated to the Department of ‘‘(xvii) Central Intelligence Agency. ‘‘(4) prescribe regulations to establish a Homeland Security such sums as necessary ‘‘(xviii) Office of Management and Budget. list of prohibited items for entry into Fed- to carry out the provisions of this section. ‘‘(xix) General Services Administration. eral facilities; ‘‘SEC. 263. AUTHORIZATION OF AGENCIES TO ‘‘(B) OTHER OFFICERS.—The following Fed- ‘‘(5) establish minimum requirements and PROVIDE PROTECTIVE SERVICES. eral officers or the designees of those offi- a process for providing basic security train- ‘‘(a) IN GENERAL.—The Committee shall es- cers: ing for members of Facility Security Com- tablish a process under which the Secretary ‘‘(i) The Director of the United States Mar- mittees; and may authorize an agency to provide protec- shals Service. ‘‘(6) take such actions as may be necessary tive services for a Federal facility instead of ‘‘(ii) The Director of the Federal Protec- to enhance the quality and effectiveness of the Federal Protective Services. tive Service. security and protection of Federal facilities, ‘‘(b) REQUIREMENTS.—The process under ‘‘(iii) The Assistant to the President for including— subsection (a) shall— National Security Affairs. ‘‘(A) encouraging agencies with security ‘‘(1) provide that— ‘‘(C) JUDICIAL BRANCH REPRESENTATIVES.— responsibilities to share security-related in- ‘‘(A) an agency may submit an application A representative from the judicial branch telligence in a timely and cooperative man- to the Secretary for an authorization; appointed by the Chief Justice of the United ner; ‘‘(B) an authorization shall be for a 1-year States. ‘‘(B) assessing technology and information period; and ‘‘(2) ASSOCIATE MEMBERS.—The Committee systems as a means of providing cost-effec- ‘‘(C) an authorization may be renewed on shall include the following associate mem- tive improvements to security in Federal fa- an annual basis; and bers who shall be nonvoting members: cilities; ‘‘(2) require an agency to— ‘‘(3) AGENCY REPRESENTATIVES.—Represent- ‘‘(C) developing long-term construction ‘‘(A) demonstrate security expertise; and atives from the following agencies, ap- standards for those locations with threat ‘‘(B) provide sufficient information pointed by the agency heads: levels or missions that require blast resist- through a security plan that the agency ‘‘(A) Federal Aviation Administration. ant structures or other specialized security shall be in compliance with the Federal secu- ‘‘(B) Federal Bureau of Investigation. requirements; rity standards of the Committee. ‘‘(C) Federal Deposit Insurance Corpora- ‘‘(D) evaluating standards for the location ‘‘SEC. 264. FACILITY SECURITY COMMITTEES. tion. of, and special security related to, day care ‘‘(a) IN GENERAL.— ‘‘(D) Federal Emergency Management centers in Federal facilities; and ‘‘(1) MAINTENANCE OF FACILITY SECURITY Agency. ‘‘(E) assisting the Secretary in developing COMMITTEES.—Except as provided under para- ‘‘(E) Federal Reserve Board. and maintaining a centralized security data- graph (2), the agencies that are tenants at ‘‘(F) Government Accountability Office. base of all Federal facilities; and each Federal facility shall maintain a Facil- ‘‘(G) Internal Revenue Service. ‘‘(7) carry out such other duties as assigned ity Security Committee for that Federal fa- ‘‘(H) National Aeronautics and Space Ad- by the President. cility. Each agency that is a tenant at a Fed- ministration. ‘‘(h) APPEALS BOARD.— eral facility shall provide 1 employee to

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CIVIL SERVICE RETIREMENT SYSTEM AND Committee shall be headed by a chairperson, ‘‘(1) IN GENERAL.—If a Facility Security FEDERAL EMPLOYEES RETIREMENT elected by a majority of the members of the Committee disagrees with a recommendation SYSTEM. (a) CIVIL SERVICE RETIREMENT SYSTEM.— Facility Security Committee. of the Federal Protective Service for nec- (1) DEFINITION.—Section 8331 of title 5, ‘‘(2) RESPONSIBILITIES.—The chairperson essary countermeasures or physical security United States Code is amended— shall be responsible for— improvements, the Chairperson of a Facility (A) in paragraph (30), by striking ‘‘and’’ at ‘‘(A) maintaining accurate contact infor- Security Committee may file an appeal of the end; mation for agency tenants and providing the recommendation with the Interagency (B) in paragraph (31), by striking the pe- that information, including any updates, to Security Committee appeals board. riod and inserting ‘‘and’’; and the Federal Protective Service or designated ‘‘(2) DECISION TO APPEAL.—The decision to (C) by adding at the end the following: security organization; file an appeal shall be agreed to by a major- ‘‘(32) ‘Federal protective service officer’ ‘‘(B) setting the agenda for Facility Secu- ity of the members of a Facility Security means an employee in the Federal Protec- rity Committee meetings; Committee ‘‘(3) MATTERS SUBJECT TO APPEAL.—A rec- tive Service of the Department of Homeland ‘‘(C) referring Facility Security Committee Security— member questions to Federal Protective ommendation of the Federal Protective Service may be appealed under this sub- ‘‘(A) who holds a position within the GS– Service or designated security organization 0083, GS–0080, GS–1801, or GS–1811 job series for response; section, including recommendations relating to— (determined applying the criteria in effect as ‘‘(D) accompanying Federal Protective of September 1, 2007 or any successor posi- Service or designated security organization ‘‘(A) prohibited items lists determined for Federal buildings by the Federal Protective tion; and representatives during on-site building secu- ‘‘(B) who are authorized to carry firearms Service and how those lists apply to employ- rity assessments; and empowered to make arrests in the per- ees and visitors; ‘‘(E) maintaining an official record of each formance of duties related to the protection ‘‘(B) countermeasure improvements; meeting; of buildings, grounds and property that are ‘‘(C) building security assessment findings; ‘‘(F) acknowledging receipt of the building owned, occupied, or secured by the Federal and security assessment from Federal Protective Government (including any agency, instru- ‘‘(D) building security levels.’’. Service or designated security organization; mentality or wholly owned or mixed-owner- (b) TECHNICAL AND CONFORMING AMEND- and ship corporation thereof) and the persons on MENT.—The table of contents for the Home- ‘‘(G) any other duties as determined by the the property, including any such employee land Security Act of 2002 is amended by in- Interagency Security Committee. who is transferred directly to a supervisory serting after the matter relating to title II ‘‘(c) TRAINING FOR MEMBERS.— or administrative position in the Depart- the following: ‘‘(1) IN GENERAL.—Except as provided under ment of Homeland Security after performing paragraphs (3) and (4), before serving as a ‘‘Subtitle E—Federal Protective Service such duties in 1 or more positions (as de- member of a Facility Security Committee, ‘‘Sec. 241. Definitions. scribed under subparagraph (A)) for at least an employee shall successfully complete a ‘‘Sec. 242. Establishment. 3 years.’’. training course that meets a minimum ‘‘Sec. 243. Full-time equivalent employee re- (2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS- standard of training as established by the quirements. ITS.—Section 8334 of title 5, United States Interagency Security Committee. ‘‘Sec. 244. Oversight of contract guard serv- Code, is amended— ‘‘(2) TRAINING.—Training under this sub- ices. (A) in subsection (a)(1)(A), by inserting section shall— ‘‘Sec. 245. Infrastructure security canine ‘‘Federal protective service officer,’’ before ‘‘(A) be provided by the Federal Protective teams. ‘‘or customs and border protection officer,’’; Service or designated security organization, ‘‘Sec. 246. Advanced imaging technology. and in coordination with the Interagency Secu- ‘‘Sec. 247. Checkpoint detection technology (B) in the table contained in subsection (c), rity Committee; standards. by adding at the end the following: ‘‘Sec. 248. Compliance of Federal facilities ‘‘(B) be commensurate with the security ‘‘Federal Protec- 7.5 After June 29, level of the facility; and with Federal security stand- ards. tive Service Of- 2011.’’. ‘‘(C) include training relating to— ficer. ‘‘(i) familiarity with published standards of ‘‘Sec. 249. Fees for protective services. the Interagency Security Committee; ‘‘Subtitle F—Interagency Security (3) MANDATORY SEPARATION.—The first sen- ‘‘(ii) physical security criteria for Federal Committee tence of section 8335(b)(1) of title 5, United facilities; ‘‘Sec. 261. Definitions. States Code, is amended by inserting ‘‘Fed- ‘‘(iii) use of physical security performance ‘‘Sec. 262. Interagency Security Committee. eral protective service officer,’’ before ‘‘or measures; ‘‘Sec. 263. Authorization of agencies to pro- customs and border protection officer,’’. ‘‘(iv) facility security levels determina- vide protective services. (4) IMMEDIATE RETIREMENT.—Section 8336 of tions; and ‘‘Sec. 264. Facility security committees.’’. title 5, United States Code, is amended— ‘‘(v) best practices for safe mail handling. SEC. 4. FEDERAL PROTECTIVE SERVICE OFFI- (A) in subsection (c)(1), by inserting ‘‘Fed- ‘‘(3) WAIVERS.—The training requirement CERS OFF-DUTY CARRYING OF FIRE- eral protective service officer,’’ before ‘‘or under this subsection may be waived by the ARMS. customs and border protection officer,’’; and Director or the Chairperson of the Inter- Section 1315(b)(2) of title 40, United States (B) in subsections (m) and (n), by inserting agency Security Committee if the Director Code, is amended— ‘‘as a Federal protective service officer,’’ be- or the Chairperson determines that an em- (1) in subsection (b)(2), by striking ‘‘While fore ‘‘or as a customs and border protection ployee has related experience in physical se- engaged in the performance of official duties, officer,’’. curity, law enforcement, or infrastructure an’’ and inserting ‘‘An’’; and (b) FEDERAL EMPLOYEES RETIREMENT SYS- security disciplines. (2) by striking subsection (c) and inserting TEM.— ‘‘(4) INCUMBENT MEMBERS.— the following: (1) DEFINITION.—Section 8401 of title 5, ‘‘(A) IN GENERAL.—This subsection shall ‘‘(c) REGULATIONS.— United States Code, is amended— apply to any Facility Security Committee ‘‘(1) IN GENERAL.— (A) in paragraph (35), by striking ‘‘and’’ at established before, on, or after the date of ‘‘(A) PROTECTION AND ADMINISTRATION.— the end; enactment of the Supporting Employee Com- The Secretary may prescribe regulations (B) in paragraph (36), by striking the pe- petency and Updating Readiness Enhance- necessary for the protection and administra- riod and inserting ‘‘and’’; and ments for Facilities Act of 2010, except that tion of property owned or occupied by the (C) by adding at the end the following: any member of a Facility Security Com- Federal Government and persons on the ‘‘(37) ‘Federal protective service officer’ mittee serving on that date shall during the property. The regulations may include rea- means an employee in the Federal Protec- 1-year period following that date— sonable penalties, within the limits pre- tive Service of the Department of Homeland ‘‘(i) successfully complete a training scribed in subparagraph (B), for violations of Security— course as required under paragraph (1); or the regulations. The regulations shall be ‘‘(A) who holds a position within the GS– ‘‘(ii) obtain a waiver under paragraph (3). posted and remain posted in a conspicuous 0083, GS–0080, GS–1801, or GS–1811 job series ‘‘(B) COMPLIANCE.—Any member of a Facil- place on the property. (determined applying the criteria in effect as ity Security Committee described under sub- ‘‘(B) PENALTY.—A person violating a regu- of September 1, 2007) or any successor posi- paragraph (A) who does not comply with lation prescribed under this paragraph shall tion; and

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‘‘(B) who are authorized to carry firearms (ii) EXCEPTION.—Service described in sec- 83 or chapter 84 of title 5, United States and empowered to make arrests in the per- tion 8331(32) and 8401(37) of title 5, United Code, by virtue of such position. formance of duties related to the protection States Code (as amended by this section) SEC. 6. REPORT ON FEDERAL PROTECTION SERV- of buildings, grounds and property that are rendered before the effective date under ICE PERSONNEL NEEDS. owned, occupied, or secured by the Federal paragraph (1) may be taken into account to (a) IN GENERAL.—Not later than 90 days Government (including any agency, instru- determine if an individual who is serving on after the date of enactment of this Act, the mentality or wholly owned or mixed-owner- or after such effective date then qualifies as Secretary shall submit a report to the appro- ship corporation thereof) and the persons on a Federal protective service officer by virtue priate congressional committees on the per- the property, including any such employee of holding a supervisory or administrative sonnel needs of the Federal Protection Serv- who is transferred directly to a supervisory position in the Department of Homeland Se- ice that includes recommendations on the or administrative position in the Depart- curity. numbers of Federal protective service offi- ment of Homeland Security after performing (C) MINIMUM ANNUITY AMOUNT.—The annu- cers and the workforce composition of the such duties in 1 or more positions (as de- ity of an individual serving as a Federal pro- Federal Protection Service needed to carry scribed under subparagraph (A)) for at least tective service officer on the effective date out the mission of the Federal Protective 3 years.’’. under paragraph (1) pursuant to an appoint- Service during the 10-fiscal year period be- (2) IMMEDIATE RETIREMENT.—Paragraphs (1) ment made before that date shall, to the ex- ginning after the date of enactment of this and (2) of section 8412(d) of title 5, United tent that its computation is based on service Act. States Code, are amended by inserting ‘‘Fed- rendered as a Federal protective service offi- (b) PREPARATION.—The Secretary shall eral protective service officer,’’ before ‘‘or cer on or after that date, be at least equal to enter into a contract with a qualified con- customs and border protection officer,’’. the amount that would be payable to the ex- sultant to prepare the report submitted (3) COMPUTATION OF BASIC ANNUITY.—Sec- tent that such service is subject to the Civil under this section. tion 8415(h)(2) of title 5, United States Code, Service Retirement System or Federal Em- SEC. 7. REPORT ON RETENTION RATE FEDERAL is amended by inserting ‘‘Federal protective ployees Retirement System, as appropriate, PROTECTIVE SERVICE CONTRACT service officer,’’ before ‘‘or customs and bor- by applying section 8339(d) of title 5, United GUARD WORKFORCE. der protection officer,’’. States Code, with respect to such service. Not later than 45 days after the date of en- (4) DEDUCTIONS FROM PAY.—The table con- (D) RULE OF CONSTRUCTION.—Nothing in the actment of this Act, the Director shall sub- tained in section 8422(a)(3) of title 5, United amendment made by subsection (c) shall be mit a report to the appropriate congressional States Code, is amended by adding at the end considered to apply with respect to any ap- committees on— the following: pointment made before the effective date (1) retention rates within the Federal Pro- ‘‘Federal Protec- 7.5 After June 29, under paragraph (1). tective Service contract guard workforce; tive Service Of- 2011.’’. (3) FEES AND AUTHORIZATIONS OF APPRO- and ficer. PRIATIONS.— (2) how the retention rate affects oper- (A) FEES.—The Federal Protective Service ations of the Federal Protective Service and (5) GOVERNMENT CONTRIBUTIONS.—Para- shall adjust fees as necessary to ensure col- the security of Federal facilities. graphs (1)(B)(i) and (3) of section 8423(a) of lections are sufficient to carry out amend- title 5, United States Code, are amended by SEC. 8. REPORT ON THE FEASIBILITY OF FED- ments made in this section. ERALIZING THE FEDERAL PROTEC- inserting ‘‘Federal protective service offi- (B) AUTHORIZATION OF APPROPRIATIONS.— TIVE SERVICE CONTRACT GUARD cer,’’ before ‘‘customs and border protection There are authorized to be appropriated such WORKFORCE. officer,’’ each place that term appears. sums as are necessary to carry out this sec- (a) CONTRACT WITH CONSULTANT.—The Di- (6) MANDATORY SEPARATION.—Section tion. rector shall enter into a contract with a 8425(b)(1) of title 5, United States Code, is (4) ELECTION.— qualified consultant to prepare the report amended— (A) INCUMBENT DEFINED.—For purposes of submitted under this section. (A) by inserting ‘‘Federal protective serv- this paragraph, the term ‘‘incumbent’’ (b) SUBMISSIONS.—Not later than 1 year ice officer,’’ before ‘‘or customs and border means an individual who is serving as a Fed- after the date of enactment of this Act, the protection officer,’’ the first place that term eral protective service officer on the date of qualified consultant shall concurrently sub- appears; and the enactment of this Act. mit the report to the Secretary and the ap- (B) inserting ‘‘Federal protective service (B) NOTICE REQUIREMENT.—Not later than propriate congressional committees. officer,’’ before ‘‘or customs and border pro- 30 days after the date of enactment of this (c) CONTENTS.—The report under this sec- tection officer,’’ the second place that term Act, the Director of the Office of Personnel tion shall include an evaluation of— appears. Management shall take measures reasonably (1) converting in its entirety, or in part, (c) MAXIMUM AGE FOR ORIGINAL APPOINT- designed to ensure that incumbents are noti- the Federal Protective Service contract MENT.—Section 3307 of title 5, United States workforce into full-time Federal employees, Code, is amended by adding at the end the fied as to their election rights under this paragraph, and the effect of making or not including an option to post a full-time equiv- following: alent Federal protective service officer at ‘‘(h) The Secretary of Homeland Security making a timely election. each Federal facility that on the date of en- may determine and fix the maximum age (C) ELECTION AVAILABLE TO INCUMBENTS.— actment of this Act has a contract guard sta- limit for an original appointment to a posi- (i) IN GENERAL.—An incumbent may elect, tioned at that facility; tion as a Federal protective service officer, for all purposes, either— (2) the immediate and projected costs of as defined by section 8401(37).’’. (I) to be treated in accordance with the (d) REGULATIONS.—Any regulations nec- amendments made by subsection (a) or (b), the conversion; essary to carry out the amendments made by as applicable; or (3) the immediate and projected costs of this section shall be prescribed by the Direc- (II) to be treated as if subsections (a) and maintaining guards under contract status tor of the Office of Personnel Management in (b) had never been enacted. and of maintaining full-time Federal em- consultation with the Secretary. (ii) FAILURE TO MAKE A TIMELY ELECTION.— ployee guards; (e) EFFECTIVE DATE; TRANSITION RULES; Failure to make a timely election under (4) the potential increase in security if con- FUNDING.— clause (i) shall be treated in the same way as verted, including an analysis of using either (1) EFFECTIVE DATE.—The amendments an election made under clause (i)(I) on the a Federal security guard, police officer, or made by this section shall become effective last day allowable under clause (iii). Federal protective service officer instead of on the later of June 30, 2011 or the first day (iii) DEADLINE.—An election under this a contract guard; of the first pay period beginning at least 6 subparagraph shall not be effective unless it (5) the hourly and annual costs of contract months after the date of enactment of this is made at least 14 days before the effective guards and the Federal counterparts of those Act. date under paragraph (1). guards; and (2) TRANSITION RULES.— (5) DEFINITION.—For the purposes of this (6) a comparison of similar conversions of (A) NONAPPLICABILITY OF MANDATORY SEPA- subsection, the term ‘‘Federal protective large groups of contracted workers and po- RATION PROVISIONS TO CERTAIN INDIVIDUALS.— service officer’’ has the meaning given such tential benefits and challenges. The amendments made by subsections (a)(3) term by section 8331(32) or 8401(37) of title 5, SEC. 9. SAVINGS CLAUSE. and (b)(6), respectively, shall not apply to an United States Code (as amended by this sec- Nothing in this Act, including the amend- individual first appointed as a Federal pro- tion). ments made by this Act, shall be construed tective service officer before the effective (6) EXCLUSION.—Nothing in this section or to affect— date under paragraph (1). any amendment made by this section shall (1) the authorities under section 566 of title (B) TREATMENT OF PRIOR FEDERAL PROTEC- be considered to afford any election or to 28, United States Code; TIVE SERVICE OFFICER SERVICE.— otherwise apply with respect to any indi- (2) the authority of any Federal law en- (i) GENERAL RULE.—Except as provided in vidual who, as of the day before the date of forcement agency other than the Federal clause (ii), nothing in this section shall be the enactment of this Act— Protective Service; or considered to apply with respect to any serv- (A) holds a positions within the Federal (3) any authority of the Federal Protective ice performed as a Federal protective service Protective Service; and Service not specifically enumerated by this officer before the effective date under para- (B) is considered a law enforcement offi- Act that is in effect on the day before the graph (1). cers for purposes of subchapter III of chapter date of enactment of this Act.

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7217 Ms. COLLINS. Mr. President, I rise In another example, an inattentive To address this problem, our legisla- today to introduce the SECURE Act of guard allowed a baby in a carrier to tion would provide FPS the authority 2010—Supporting Employee Com- pass through an x-ray machine on its needed to mandate the implementation petency and Updating Readiness En- conveyor belt. That guard was fired, of security measures at a facility. FPS hancements. This bill would help to but he ultimately won a lawsuit also would have the authority to in- improve inadequate security at too against the FPS because the agency spect federal facilities to enforce com- many of our Federal buildings. could not document that he had re- pliance. As a Nation, we have learned several ceived required training on the ma- The bill would allow the FPS Direc- hard truths: Terrorists are intent on chine. tor to charge additional fees if tenant attacking the United States, and their A few months earlier, in April 2009, agencies fail to comply with applicable tactics continue to evolve. The early the Department of Homeland Secu- security standards. In such cases, the identification of a security gap can rity’s Inspector General also found Secretary also must notify Congress of save countless lives if we act promptly critical failings in the FPS contract the non-compliant facilities. to close it. There is no substitute for guard program. The Inspector Gen- Our bill also would require an inde- pre-emptive action to detect, disrupt, eral’s recommendations included many pendent analysis of FPS’s long-term and defend against terrorist plots. concrete steps to strengthen contract staffing needs. The Government has an obligation to As we remember the lives lost when guard performance, such as improving protect our Nation’s security, and our terrorists attacked the United States 9 the award and management of con- Federal buildings are targets for vio- years ago, we must avoid complacency. tracts and increasing the amount of lence. This legislation would provide Our country’s defenses must be nimble, training and number of compliance in- FPS with stronger authority to im- multi-layered, informed by timely in- spections. prove security at our Federal build- telligence, and coordinated across mul- These reports demonstrate that ings. The American public that relies tiple agencies. American taxpayers are simply not re- on these facilities and the Federal em- This is difficult work, requiring ceiving the security they have paid for ployees who work in them deserve bet- painstaking attention to detail and an and that they expect FPS to provide. ter and more reliable protection. unwavering focus. We must remain The reports also show the vigilant to the threats we face. Unfor- vulnerabilities facing Federal employ- f tunately, the evidence indicates that ees and Federal infrastructure because SUBMITTED RESOLUTIONS there are significant security problems of lax security. at Federal buildings, where thousands While shining a light on these of employees serve thousands more of failings in multiple hearings, our Com- SENATE RESOLUTION 630—DESIG- our citizens every work day. mittee pressed the FPS to take action NATING NOVEMBER 28, 2010, AS The Federal Protective Service, FPS, to close these security gaps. Although ‘‘DRIVE SAFER SUNDAY’’ is charged with securing nearly 9,000 some tentative steps have been taken Mr. ISAKSON (for himself, Mr. Federal facilities and protecting the by FPS, we can no longer wait for OMB CHAMBLISS, and Ms. KLOBUCHAR) sub- government employees who work in and DHS to implement the absolutely mitted the following resolution; which them, and the Americans who use them critical security measures necessary to was considered and agreed to: to access vital services. help protect our Federal buildings, our S. RES. 630 But, independent investigations by Federal employees, and the American Whereas motor vehicle travel is the pri- the Government Accountability Office public. mary means of transportation in the United and the Department of Homeland Secu- The legislation that I introduce States; Whereas every individual traveling on the rity Inspector General have docu- today, with Senators LIEBERMAN, roads and highways needs to drive in a safer mented serious and systemic security AKAKA, and VOINOVICH, would help manner in order to reduce deaths and inju- flaws within the operations of the FPS. close these security gaps at our Fed- ries that result from motor vehicle acci- These lapses place Federal employees eral buildings. dents; and private citizens at risk. First, the bill would mandate the Whereas according to the National High- In June of last year, for example, Interagency Security Committee, way Traffic Safety Administration, wearing GAO’s undercover investigators smug- which was established by Executive a seat belt saves more than 15,000 lives each gled bomb-making materials into 10 Order 6 months after the Oklahoma year; Federal office buildings. Every single City bombing, to increase security Whereas the Senate wants all people of the United States to understand the life-saving building GAO targeted was breached—a standards at Federal facilities. The importance of wearing a seat belt and en- perfect record of security failure. At ISC, comprised of representatives from courages motorists to drive safely, not just each facility, concealed bomb compo- agencies across the government, would during the holiday season, but every time nents passed through checkpoints mon- establish risk-based performance they get behind the wheel; and itored by FPS guards. Once inside, the standards for the security of federal Whereas the Sunday after Thanksgiving is covert GAO investigators were able to buildings. FPS would then enforce the busiest highway traffic day of the year: assemble the simulated explosive de- Now, therefore, be it these requirements based on the risk Resolved, That the Senate— vices without interruption. tier assigned the facility by the ISC. (1) encourages— A July 2009 GAO report documented Prior reports clearly demonstrate (A) high schools, colleges, universities, ad- training flaws for FPS contract guards, that FPS lacks authority to require ministrators, teachers, primary schools, and some of whom failed to receive manda- tenant agencies of a Federal facility to secondary schools to launch campus-wide tory training on the operation of metal comply with recommended security educational campaigns to urge students to detectors and x-ray equipment. Other countermeasures. be focused on safety when driving; contract guards were deficient in key For example, although FPS may ask (B) national trucking firms to alert their certifications such as CPR, First Aid, tenant agencies to purchase or repair drivers to be especially focused on driving safely on the Sunday after Thanksgiving, and firearms training. All told, GAO security equipment like cameras and x- and to publicize the importance of the day found that 62 percent of the FPS con- ray machines, based on the ISC’s rec- through use of Citizen’s Band (‘‘CB’’) radios tract guards it reviewed lacked valid ommended security countermeasures, and truck stops across the Nation; certifications in one or more of these these tenant agencies can refuse to (C) clergy to remind their members to areas. purchase or repair the equipment based travel safely when attending services and This review also found that FPS did on cost. gatherings; little to ensure compliance with rules Since FPS has no enforcement mech- (D) law enforcement personnel to remind and regulations and failed to conduct anism, these machines are not up- drivers and passengers to drive safely, par- inspections of guard posts after regular graded, or remain inoperable, and secu- ticularly on the Sunday after Thanksgiving; and business hours. When GAO investiga- rity suffers. With so much at stake, (E) all people of the United States to use tors tested these posts, they found tenant agencies should not be able to the Sunday after Thanksgiving as an oppor- some guards sleeping on an overnight effectively overrule the security ex- tunity to educate themselves about highway shift. perts on the ISC and at FPS. safety; and

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7218 CONGRESSIONAL RECORD — SENATE September 20, 2010 (2) designates November 28, 2010, as ‘‘Drive SA 4620. Mr. LEVIN (for Mr. DURBIN) (9) The impact of water scarcity on conflict Safer Sunday’’. proposed an amendment to the bill S. and instability is evident in many parts of f 624, to provide 100,000,000 people with the world, including the Darfur region of first-time access to safe drinking water Sudan, where demand for water resources AMENDMENTS SUBMITTED AND has contributed to armed conflict between PROPOSED and sanitation on a sustainable basis nomadic ethnic groups and local farming by 2015 by improving the capacity of communities. SA 4619. Mrs. HUTCHISON (for herself and the United States Government to fully Mr. CORNYN) submitted an amendment in- (10) In order to further the United States tended to be proposed by her to the bill S. implement the Senator Paul Simon contribution to safe water and sanitation ef- 3454, to authorize appropriations for fiscal Water for the Poor Act of 2005; as fol- forts, it is necessary to— year 2011 for military activities of the De- lows: (A) expand foreign assistance capacity to address the challenges described in this sec- partment of Defense, for military construc- In lieu of the matter proposed to be in- tion; and tion, and for defense activities of the Depart- serted, insert the following: ment of Energy, to prescribe military per- (B) represent issues related to water and SECTION 1. SHORT TITLE. sonnel strengths for such fiscal year, and for sanitation at the highest levels of United other purposes; which was ordered to lie on This Act may be cited as the ‘‘Senator States foreign assistance and diplomatic de- the table. Paul Simon Water for the World Act of 2010’’. liberations, including those related to issues SA 4620. Mr. LEVIN (for Mr. DURBIN) pro- SEC. 2. FINDINGS. of global health, food security, the environ- posed an amendment to the bill S. 624, to Congress finds the following: ment, global warming, and maternal and provide 100,000,000 people with first-time ac- (1) The Senator Paul Simon Water for the child mortality. cess to safe drinking water and sanitation on Poor Act of 2005 (Public Law 109–121)— SEC. 3. SENSE OF CONGRESS. a sustainable basis by 2015 by improving the (A) makes access to safe water and sanita- It is the sense of Congress that the United capacity of the United States Government to tion for developing countries a specific pol- States should help undertake a global effort fully implement the Senator Paul Simon icy objective of United States foreign assist- to bring sustainable access to clean water Water for the Poor Act of 2005. ance programs; and sanitation to poor people throughout the SA 4621. Mr. WEBB (for himself and Mr. (B) requires the Secretary of State to— world. WARNER) submitted an amendment intended (i) develop a strategy to elevate the role of SEC. 4. PURPOSE. to be proposed by him to the bill S. 3454, to water and sanitation policy; and The purpose of this Act is— authorize appropriations for fiscal year 2011 (ii) improve the effectiveness of United (1) to enable first-time access to safe water for military activities of the Department of States assistance programs undertaken in and sanitation, on a sustainable basis, for Defense, for military construction, and for support of that strategy; 100,000,000 people in high priority countries defense activities of the Department of En- (C) codifies Target 10 of the United Nations (as designated under section 6(f) of the Sen- ergy, to prescribe military personnel Millennium Development Goals; and ator Paul Simon Water for the Poor Act of strengths for such fiscal year, and for other (D) seeks to reduce by half between 1990 2005 (22 U.S.C. 2152h note) within 6 years of purposes; which was ordered to lie on the (the baseline year) and 2015— the date of enactment of this Act through di- table. (i) the proportion of people who are unable rect funding, development activities, and SA 4622. Mr. INHOFE submitted an amend- to reach or afford safe drinking water; and partnerships; and ment intended to be proposed by him to the (ii) the proportion of people without access bill S. 3454, supra; which was ordered to lie (2) to enhance the capacity of the United to basic sanitation. on the table. States Government to fully implement the SA 4623. Mr. INHOFE submitted an amend- (2) On December 20, 2006, the United Na- Senator Paul Simon Water for the Poor Act ment intended to be proposed by him to the tions General Assembly, in GA Resolution 61/ of 2005 (Public Law 109–121). bill H.R. 5136, to authorize appropriations for 192, declared 2008 as the International Year SEC. 5. DEVELOPING UNITED STATES GOVERN- fiscal year 2011 for military activities of the of Sanitation, in recognition of the impact of MENT CAPACITY. Department of Defense, for military con- sanitation on public health, poverty reduc- Section 135 of the Foreign Assistance Act struction, and for defense activities of the tion, economic and social development, and of 1961 (22 U.S.C. 2152h) is amended by adding Department of Energy, to prescribe military the environment. at the end the following: personnel strengths for such fiscal year, and (3) On August 1, 2008, Congress passed H. ‘‘(e) SENIOR ADVISOR FOR WATER.— for other purposes; which was ordered to lie Con. Res. 318, which— ‘‘(1) IN GENERAL.—To carry out the pur- on the table. (A) supports the goals and ideals of the poses of subsection (a), the Administrator of SA 4624. Mr. INHOFE submitted an amend- International Year of Sanitation; and the United States Agency for International ment intended to be proposed by him to the (B) recognizes the importance of sanitation Development shall designate a senior advisor bill S. 3454, to authorize appropriations for on public health, poverty reduction, eco- to coordinate and conduct the activities de- fiscal year 2011 for military activities of the nomic and social development, and the envi- scribed in this section and the Senator Paul Department of Defense, for military con- ronment. Simon Water for the Poor Act of 2005 (Public struction, and for defense activities of the (4) While progress is being made on safe Law 109–121). The Advisor shall report di- Department of Energy, to prescribe military water and sanitation efforts— rectly to the Administrator and be known as personnel strengths for such fiscal year, and (A) more than 884,000,000 people throughout the ‘Senior Advisor for Water’. The initial for other purposes; which was ordered to lie the world lack access to safe drinking water; Senior Advisor for Water shall be the indi- on the table. and vidual serving as Water Team Leader as of SA 4625. Mr. INHOFE submitted an amend- (B) 2 of every 5 people in the world do not the date of the enactment of the Senator ment intended to be proposed by him to the have access to basic sanitation services. Paul Simon Water for the World Act of 2010. bill S. 3454, supra; which was ordered to lie (5) The health consequences of unsafe ‘‘(2) DUTIES.—The Advisor shall— on the table. drinking water and poor sanitation are sig- ‘‘(A) implement this section and the Sen- f nificant, accounting for— ator Paul Simon Water for the Poor Act of (A) nearly 10 percent of the global burden 2005 (Public Law 109–121); TEXT OF AMENDMENTS of disease; and ‘‘(B) develop and oversee implementation SA 4619. Mrs. HUTCHISON (for her- (B) more than 2,000,000 deaths each year. in high priority countries of country-specific self and Mr. CORNYN) submitted an (6) Water scarcity has negative con- water strategies and expertise, in coordina- amendment intended to be proposed by sequences for agricultural productivity and tion with appropriate United States Agency food security for the 1,200,000,000 people who, for International Development Mission Di- her to the bill S. 3454, to authorize ap- as of 2010, suffer from chronic hunger and se- rectors, to enable the goal of providing propriations for fiscal year 2011 for riously threatens the ability of the world to 100,000,000 additional people with sustainable military activities of the Department more than double food production to meet access to safe water and sanitation through of Defense, for military construction, the demands of a projected population of direct funding, development activities, and and for defense activities of the De- 9,000,000,000 people by 2050. partnerships within 6 years of the date of the partment of Energy, to prescribe mili- (7) According to the November 2008 report enactment of the Senator Paul Simon Water tary personnel strengths for such fiscal entitled, ‘‘Global Trends 2025: A Transformed for the World Act of 2010; and year, and for other purposes; which was World’’, the National Intelligence Council ‘‘(C) place primary emphasis on providing expects rapid urbanization and future popu- safe, affordable, and sustainable drinking ordered to lie on the table; as follows: lation growth to exacerbate already limited water, sanitation, and hygiene in a manner At the end of division C of the bill, insert access to water, particularly in agriculture- that— the following: based economies. ‘‘(i) is consistent with sound water re- TITLE ll—EDUCATION JOBS FUND (8) According to the 2005 Millennium Eco- source management principles; and SEC. ll1. ELIMINATION OF PROVISIONS RELAT- system Assessment, commissioned by the ‘‘(ii) utilizes such approaches as direct ING TO TEXAS. United Nations, more than 1⁄5 of the world service provision, capacity building, institu- Section 101 of Public Law 111–226 (124 Stat. population relies on freshwater that is either tional strengthening, regulatory reform, and 2389) is amended by striking paragraph (11). polluted or excessively withdrawn. partnership collaboration; and

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7219 ‘‘(D) integrate water strategies with coun- the drinking water and sanitation sector ‘‘(3) assigning an employee of the United try-specific or regional food security strate- during the 3 previous fiscal years, across all States Agency for International Develop- gies. United States Government agencies and pro- ment as in-country water and sanitation ‘‘(3) CAPACITY.—The Advisor shall be des- grams, including an assessment of the extent manager to coordinate the in-country imple- ignated appropriate staff and may utilize to which the United States Government’s ef- mentation of this Act and section 135 of the interagency details or partnerships with uni- forts are reaching and supporting the goal of Foreign Assistance Act of 1961 (22 U.S.C. versities, civil society, and the private sec- enabling first-time access to safe water and 2152h) with host country officials at various tor, as needed, to strengthen implementation sanitation on a sustainable basis for levels of government responsible for water capacity. 100,000,000 people in high priority countries; and sanitation, the Department of State, and ‘‘(f) SPECIAL COORDINATOR FOR INTER- ‘‘(8) recommendations on what the United other relevant United States Government NATIONAL WATER.— States Government would need to do to agencies; and ‘‘(1) ESTABLISHMENT.—To increase the ca- achieve and support the goals referred to in ‘‘(4) coordinating with the Development pacity of the Department of State to address paragraph (7), in support of the United Na- Credit Authority and the Global Develop- international issues regarding safe water, tion’s Millennium Development Goal on ac- ment Alliance to further the purposes of this sanitation, integrated river basin manage- cess to safe drinking water; and Act.’’. ment, and other international water pro- ‘‘(9) an assessment of best practices for mo- SEC. 8. OTHER ACTIVITIES SUPPORTED. grams, the Secretary of State shall establish bilizing and leveraging the financial and In addition to the requirements of section a Special Coordinator for International technical capacity of business, governments, 135(c) of the Foreign Assistance Act (22 Water (referred to in this subsection as the nongovernmental organizations, and civil so- U.S.C. 2152h(c)) the Administrator should— ‘Special Coordinator’), who shall report to ciety in forming public-private partnerships (1) foster global cooperation on research the Under Secretary for Democracy and that measurably increase access to safe, af- and technology development, including re- Global Affairs. The initial Special Coordi- fordable, drinking water and sanitation.’’. gional partnerships among water experts to nator shall be the individual serving as Spe- SEC. 7. DEVELOPING LOCAL CAPACITY. address safe drinking water, sanitation, cial Coordinator for Water Resources as of water resource management, and other the date of the enactment of the Senator The Senator Paul Simon Water for the water-related issues; Paul Simon Water for the World Act of 2010. Poor Act of 2005 (Public Law 109–121) is amended— (2) establish regional and cross-border co- ‘‘(2) DUTIES.—The Special Coordinator shall— (1) by redesignating sections 9, 10, and 11 as operative activities between scientists and ‘‘(A) oversee and coordinate the diplomatic sections 10, 11, and 12, respectively; and specialists that work to share technologies policy of the United States Government with (2) by inserting after section 8 the fol- and best practices, mitigate shared water respect to global freshwater issues, including lowing: challenges, foster international cooperation, interagency coordination related to— ‘‘SEC. 9. WATER AND SANITATION INSTITUTIONAL and defuse cross-border tensions; ‘‘(i) sustainable access to safe drinking CAPACITY-BUILDING PROGRAM. (3) provide grants through the United water, sanitation, and hygiene; ‘‘(a) ESTABLISHMENT.— States Agency for International Develop- ‘‘(ii) integrated river basin and watershed ‘‘(1) IN GENERAL.—The Secretary of State ment to foster the development, dissemina- management; and the Administrator of the United States tion, and increased and consistent use of low ‘‘(iii) global food security; Agency for International Development (re- cost and sustainable technologies, such as ‘‘(iv) transboundary conflict; ferred to in this section as the ‘Secretary’ household water treatment, hand washing ‘‘(v) agricultural and urban productivity of and the ‘Administrator’, respectively), in stations, and latrines, for providing safe water resources; consultation with host country institutions, drinking water, sanitation, and hygiene that ‘‘(vi) disaster recovery, response, and re- the Centers for Disease Control and Preven- are suitable for use in high priority coun- building, tion, the Department of Agriculture, and tries, particularly in places with limited re- ‘‘(vii) pollution mitigation; and other agencies, as appropriate, shall estab- sources and infrastructure; ‘‘(viii) adaptation to hydrologic change due lish, in coordination with mission directors (4) in collaboration with the Centers for to climate variability; and in high priority countries, a program to Disease Control and Prevention, Department ‘‘(B) ensure that international freshwater build the capacity of host country institu- of Agriculture, the Environmental Protec- issues are represented— tions and officials responsible for water and tion Agency, the National Oceanic and At- ‘‘(i) within the United States Government; sanitation in countries that receive assist- mospheric Administration, and other agen- and ance under section 135 of the Foreign Assist- cies, as appropriate, conduct formative and ‘‘(ii) in key diplomatic, development, and ance Act of 1961, including training at appro- operational research and monitor and evalu- scientific efforts with other nations and mul- priate levels, to— ate the effectiveness of programs that pro- tilateral organizations. ‘‘(A) provide affordable, equitable, and sus- vide safe drinking water and sanitation; and ‘‘(3) SUPPORT STAFF.—The Special Coordi- tainable access to safe drinking water and (5) integrate efforts to promote safe drink- nator shall be designated appropriate staff to sanitation; ing water, sanitation and hygiene with exist- support the duties described in paragraph ‘‘(B) educate the populations of such coun- ing foreign assistance programs, as appro- (2).’’. tries about the dangers of unsafe drinking priate, including activities focused on food SEC. 6. SAFE WATER, SANITATION, AND HYGIENE water and lack of proper sanitation; and security, HIV/AIDS, malaria, tuberculosis, STRATEGY. ‘‘(C) encourage behavior change to reduce maternal and child health, food security, and Section 6 of the Senator Paul Simon Water individuals’ risk of disease from unsafe nutritional support. for the Poor Act of 2005 (22 U.S.C. 2152h note) drinking water and lack of proper sanitation SEC. 9. MONITORING AND EVALUATION. is amended— and hygiene. (a) SENSE OF CONGRESS.—It is the sense of (1) in subsection (b), by adding at the end ‘‘(2) EXPANSION.—The Secretary and the the Congress that— the following: ‘‘The Coordinator shall take Administrator may establish the program (1) achieving United States foreign policy actions to ensure that the safe water and described in this section in additional coun- objectives requires the consistent and sys- sanitation strategy is integrated into any re- tries if the receipt of such capacity building tematic evaluation of the impact of United view or development of a Federal strategy would be beneficial for promoting access to States foreign assistance programs and anal- for global development, global health, or safe drinking water and sanitation, with due ysis on what programs work and why, when, global food security that sets forth or estab- consideration given to good governance. and where they work; lishes the United States mission for global ‘‘(3) CAPACITY.—The Secretary and the Ad- (2) the design of assistance programs and development, guidelines for assistance pro- ministrator— projects should include the collection of rel- grams, and how development policy will be ‘‘(A) should designate appropriate staff evant baseline data required to measure out- coordinated with policies governing trade, with relevant expertise to carry out the comes and impacts; immigration, and other relevant inter- strategy developed under section 6; and (3) the design of assistance programs and national issues.’’; ‘‘(B) may utilize, as needed, interagency projects should reflect the knowledge gained (2) in subsection (c), by adding at the end details or partnerships with universities, from evaluation and analysis; the following: ‘‘In developing the program civil society, and the private sector to (4) a culture and practice of high quality activities needed to implement the strategy, strengthen implementation capacity. evaluation should be revitalized at agencies the Secretary shall consider the results of ‘‘(b) DESIGNATION.—The United States managing foreign assistance programs, the assessment described in subsection Agency for International Development Mis- which requires that the concepts of evalua- (e)(9).’’; and sion Director for each country receiving a tion and analysis are used to inform policy (3) in subsection (e)— ‘high priority’ designation under section 6(f) and programmatic decisions, including the (A) in paragraph (5), by striking ‘‘and’’ at and for each region containing a country re- training of aid professionals in evaluation the end; ceiving such designation shall report annu- design and implementation; (B) in paragraph (6), by striking the period ally to Congress on the status of— (5) the effective and efficient use of funds at the end and inserting a semicolon; and ‘‘(1) designating safe drinking water and cannot be achieved without an under- (C) by adding at the end the following: sanitation as a strategic objective; standing of how lessons learned are applica- ‘‘(7) an assessment of all United States ‘‘(2) integrating the water strategy into a ble in various environments and under simi- Government foreign assistance allocated to food security strategy; lar or different conditions; and

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7220 CONGRESSIONAL RECORD — SENATE September 20, 2010 (6) project evaluations should be used as SEC. 2704. TRANSPORTATION PLAN FOR BRAC At the end of subtitle A of title VII of divi- sources of data when running broader anal- PROJECT 133 UNDER FORT BELVOIR, sion A, add the following: VIRGINIA, DEFENSE BASE CLOSURE yses of development outcomes and impacts. SEC. 705. PILOT PROGRAM ON PAYMENT FOR AND REALIGNMENT INITIATIVE. (b) COORDINATION AND INTEGRATION.—To TREATMENT OF MEMBERS OF THE (a) LIMITATION ON PROJECT IMPLEMENTA- the extent possible, the Administrator shall ARMED FORCES AND VETERANS FOR TION.—The Secretary of the Army may not coordinate and integrate evaluation of TRAUMATIC BRAIN INJURY AND take beneficial occupancy of more than 1,000 United States water programs with the POST-TRAUMATIC STRESS DIS- parking spaces provided by the combination ORDER. learning, evaluation, and analysis efforts of of spaces provided by the BRAC 133 project (a) PILOT PROGRAM REQUIRED.—The Sec- the United States Agency for International and the lease of spaces in the immediate vi- retary of Defense and the Secretary of Vet- Development aimed at measuring develop- cinity of the BRAC 133 project until both of erans Affairs shall carry out a five-year pilot ment impact. the following occur: program under which each such Secretary SEC. 10. UPDATED REPORT REGARDING WATER (1) The Secretary submits to the congres- shall establish a process through which each FOR PEACE AND SECURITY. sional defense committees a viable transpor- Secretary shall provide payment for treat- Section 11(b) of the Senator Paul Simon tation plan for the BRAC 133 project. ments (including diagnostic testing) of trau- Water for the Poor Act of 2005, as redesig- (2) The Secretary certifies to the congres- matic brain injury or post-traumatic stress nated by section 7, is amended by adding at sional defense committees that construction disorder received by members of the Armed the end the following: ‘‘The report submitted has been completed to provide adequate in- Forces and veterans in health care facilities under this subsection shall include an assess- gress to and egress from the business park at other than military treatment facilities or ment of current and likely future political which the BRAC 133 project is located. Department of Veterans Affairs medical fa- tensions over water sources and multidisci- (b) VIABILITY OF TRANSPORTATION PLAN.— cilities. Such process shall provide that pay- plinary assessment of the expected impacts To be considered a viable transportation ment be made directly to the health care fa- of changes to water supplies and agricultural plan under subsection (a)(1), the transpor- cility furnishing the treatment. productivity in 10, 25, and 50 years.’’. tation plan must provide for the ingress and (b) CONDITIONS FOR PAYMENT.—The ap- SEC. 11. COMPTROLLER GENERAL REPORT ON egress of all personnel to and from the BRAC proval by a Secretary for payment for a EFFECTIVENESS AND EFFICIENCY 133 project site without further reducing the treatment pursuant to subsection (a) shall be OF UNITED STATES EFFORTS TO level of service at the following six intersec- PROVIDE SAFE WATER AND SANITA- subject to the following conditions: TION FOR DEVELOPING COUNTRIES. tions: (1) Any drug or device used in the treat- (a) REPORT REQUIRED.—Not later than one (1) The intersection of Beauregard Street ment must be approved or cleared by the year after the date of the enactment of this and Mark Center Drive. Food and Drug Administration for any pur- Act, the Comptroller General of the United (2) The intersection of Beauregard Street pose. States shall submit to the Committee on and Seminary Road. (2) The treatment or study protocol used in Foreign Affairs of the House of Representa- (3) The intersection of Seminary Road and treating the member or veteran must have tives and the Committee on Foreign Rela- Mark Center Drive. been approved by an institutional review tions of the Senate a report on the effective- (4) The intersection of Seminary Road and board operating in accordance with regula- ness and efficiency of United States efforts the northbound entrance-ramp to I–395. tions issued by the Secretary of Health and to provide safe water and sanitation for de- (5) The intersection of Seminary Road and Human Services. veloping countries. the northbound exit-ramp from I–395. (3) The approved treatment or study pro- (b) ELEMENTS.—In preparing the report re- (6) The intersection of Seminary Road and tocol (including any patient disclosure re- quired by subsection (a), the Comptroller the southbound exit-ramp from I–395. quirements) must be used by the health care General shall, at a minimum— (c) INSPECTOR GENERAL REPORT.—Not later provider delivering the treatment. (1) identify all programs (and respective than September 30, 2011, the Inspector Gen- (4) The patient receiving the treatment or Federal agencies) in the Federal Government eral of the Department of Defense shall sub- study protocol must demonstrate an im- that perform the mission of providing safe mit to the congressional defense committees provement as a result of the treatment on water and sanitation for developing coun- a report evaluating the sufficiency and co- one or more of the following: tries, including capacity-building, profes- ordination conducted in completing the req- (A) Standardized independent pre-treat- sional exchanges, and other related pro- uisite environmental studies associated with ment and post-treatment neuropsychological grams; the site selection of the BRAC 133 project testing. (2) list the actual costs for the implemen- pursuant to the National Environmental (B) Accepted survey instruments. tation, operation, and support of the indi- Policy Act of 1969 (42 U.S.C. 4321 et seq.). The (C) Neurological imaging. vidual programs; report of the Inspector General shall give (D) Clinical examination. (3) assess the effectiveness of these pro- specific attention to the transportation de- (5) The patient receiving the treatment or grams in meeting their goals; terminations associated with the BRAC 133 study protocol must be receiving the treat- (4) assess the efficiency of these programs project and review and provide comment on ment voluntarily. compared to each other and to programs to the transportation plan of the Secretary of (c) ADDITIONAL RESTRICTIONS PROHIBITED.— provide similar aid performed by nongovern- the Army under subsection (a)(1) and its ad- Except as provided in this subsection (b), no mental organizations and other govern- herence to the limitations imposed by sub- restriction or condition for reimbursement ments, and identify best practices from this section (b). may be placed on any health care provider (d) DEFINITIONS.—In this section: assessment; that is operating lawfully under the laws of (1) The term ‘‘BRAC 133 project’’ means (5) identify and assess programs that are the State in which the provider is located the proposed office complex to be developed duplicative of each other or of efforts by with respect to the receipt of payment under at an established mixed-use business park in nongovernmental organizations and other this section. Alexandria, Virginia, to implement rec- governments; (d) PAYMENT DEADLINE.—The Secretary of ommendation 133 of the Defense Base Closure (6) assess whether appropriate oversight of Defense and the Secretary of Veterans Af- and Realignment Commission contained in these programs is being conducted by Fed- fairs shall make a payment for a treatment the report of the Commission transmitted to eral agencies, especially in the programs in or study protocol pursuant to subsection (a) Congress on September 15, 2005, under sec- which Federal agencies are utilizing contrac- not later than 30 days after a member of the tion 2903(e) of the Defense Base Closure and tors instead of government employees to per- Armed Forces or veteran (or health care pro- Realignment Act of 1990 (part A of title form this mission; and vider on behalf of such member or veteran) XXIX of Public Law 101–510; 10 U.S.C. 2687 (7) make such recommendations as the submits to the Secretary documentation re- note). Comptroller General considers appropriate. garding the treatment or study protocol. The (2) The term ‘‘level of service’’ has the Secretary of Defense and the Secretary of meaning given that term in the current SA 4621. Mr. WEBB (for himself and Veterans Affairs shall ensure that the docu- Highway Capacity Manual of the Transpor- mentation required under this subsection Mr. WARNER) submitted an amendment tation Research Board. may not be an undue burden on the member intended to be proposed by him to the of the Armed Forces or veteran or on the bill S. 3454, to authorize appropriations SA 4622. Mr. INHOFE submitted an health care provider. for fiscal year 2011 for military activi- amendment intended to be proposed by (e) PAYMENT SOURCE.—Subsection (c)(1) of ties of the Department of Defense, for him to the bill S. 3454, to authorize ap- section 1074 of title 10, United States Code, military construction, and for defense propriations for fiscal year 2011 for shall apply with respect to the payment by activities of the Department of Energy, military activities of the Department the Secretary of Defense for treatment or to prescribe military personnel of Defense, for military construction, study protocols pursuant to subsection (a) of strengths for such fiscal year, and for and for defense activities of the De- traumatic brain injury and post-traumatic stress disorder received by members of the other purposes; which was ordered to partment of Energy, to prescribe mili- Armed Forces. lie on the table; as follows: tary personnel strengths for such fiscal (f) PAYMENT AMOUNT.—A payment under At the end of title XXVII, add the fol- year, and for other purposes; which was this section shall be made at the equivalent lowing: ordered to lie on the table; as follows: Centers for Medicare and Medicaid Services

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reimbursement rate in effect for appropriate (j) TREATMENT OF UNIVERSITY AND NATION- (1) in the first sentence of subsection (a), treatment codes for the State or territory in ALLY ACCREDITED INSTITUTIONAL REVIEW by striking ‘‘All money received’’ and insert- which the treatment or study protocol is re- BOARDS.—For purposes of this section, a uni- ing ‘‘Subject to subsection (d), all money re- ceived. If no such rate is in effect, payment versity-affiliated or nationally accredited in- ceived’’; and shall be made at a fair market rate, as deter- stitutional review board shall be treated in (2) by adding at the end the following: mined by the Secretary of Defense, in con- the same manner as a Government institu- ‘‘(d) CERTAIN SALES, BONUSES, AND ROYAL- sultation with the Secretary of Health and tional review board. TIES.— Human Services, with respect to a patient (k) MEMORANDA OF UNDERSTANDING.—The ‘‘(1) IN GENERAL.—The Secretary of the who is a member of the Armed Forces or the Secretary of Defense and the Secretary of Treasury shall transfer to the Secretary of Secretary of Veterans Affairs with respect to Veterans Affairs shall seek to expeditiously Defense the amounts received under sub- a patient who is a veteran. enter into memoranda of understandings section (a) from oil and gas production car- (g) DATA COLLECTION AND AVAILABILITY.— with civilian institutional review boards de- ried out on land that is occupied by, or title (1) IN GENERAL.—The Secretary of Defense scribed in subsection (j) for the purpose of to which is held by, a military installation. and the Secretary of Veterans Affairs shall providing for members of the Armed Forces ‘‘(2) USE OF FUNDS.—Any amount received jointly develop and maintain a database con- and veterans to receive treatment carried by the Secretary of Defense under paragraph out by civilian health care practitioners taining data from each patient case involv- (1) shall be used to offset costs of military under a treatment or study protocol ap- ing the use of a treatment under this sec- installations for— proved by and under the oversight of civilian tion. The Secretaries shall ensure that the ‘‘(A) administrative operations; and institutional review boards that would qual- database preserves confidentiality and be ‘‘(B) the maintenance and repair of facili- made available only— ify for payment under this section. (l) OUTREACH REQUIRED.— ties and infrastructure of military installa- (A) for third-party payer examination; tions.’’. (B) to the appropriate congressional com- (1) OUTREACH TO VETERANS.—The Secretary of Veterans Affairs shall notify each veteran mittees and employees of the Department of SA 4624. Mr. INHOFE submitted an Defense, the Department of Veterans Affairs, with a service-connected injury or disability the Department of Health and Human Serv- of the opportunity to receive treatment or amendment intended to be proposed by ices, and appropriate State agencies; and study protocol pursuant to this section. him to the bill S. 3454, to authorize ap- (C) to the primary investigator of the in- (2) OUTREACH TO MEMBERS OF THE ARMED propriations for fiscal year 2011 for stitutional review board that approved the FORCES.—The Secretary of Defense shall no- military activities of the Department treatment or study protocol, in the case of tify each member of the Armed Forces with of Defense, for military construction, a service-connected injury or disability of data relating to a patient case involving the and for defense activities of the De- use of such treatment or study protocol. the opportunity to receive treatment or study protocol pursuant to this section. partment of Energy, to prescribe mili- (2) ENROLLMENT IN INSTITUTIONAL REVIEW (m) REPORT TO CONGRESS.—Not later than tary personnel strengths for such fiscal BOARD STUDY.—In the case of a patient en- 30 days after the last day of each fiscal year rolled in a registered institutional review year, and for other purposes; which was during which the Secretary of Defense and board study, results may be publically dis- ordered to lie on the table; as follows: the Secretary of Veterans Affairs are author- Strike section 591. tributable in accordance with the regula- ized to make payments under this section, tions prescribed pursuant to the Health In- the Secretaries shall jointly submit to Con- surance Portability and Accountability Act gress an annual report on the implementa- SA 4625. Mr. INHOFE submitted an of 1996 (Public Law 104–191) and other regula- tion of this section. Such report shall in- amendment intended to be proposed by tions and practices in effect as of the date of clude each of the following for that fiscal him to the bill S. 3454, to authorize ap- the enactment of this Act. year: propriations for fiscal year 2011 for (3) QUALIFIED INSTITUTIONAL REVIEW (1) The number of individuals for whom the military activities of the Department BOARDS.—The Secretary of Defense and the Secretary has provided payments under this Secretary of Veterans Affairs shall each en- of Defense, for military construction, section. and for defense activities of the De- sure that the Internet website of their re- (2) The condition for which each such indi- spective departments includes a list of all ci- vidual receives treatment for which payment partment of Energy, to prescribe mili- vilian institutional review board studies that is provided under this section and the suc- tary personnel strengths for such fiscal have received a payment under this section. cess rate of each such treatment. year, and for other purposes; which was (h) ASSISTANCE FOR MEMBERS TO OBTAIN (3) Treatment methods that are used by en- ordered to lie on the table; as follows: TREATMENT.— tities receiving payment provided under this Strike section 713. (1) ASSIGNMENT TO TEMPORARY DUTY.—The section and the respective rate of success of Secretary of a military department may as- each such method. f sign a member of the Armed Forces under (4) The recommendations of the Secre- the jurisdiction of the Secretary to tem- taries with respect to the integration of NOTICE OF HEARINGS porary duty or allow the member a permis- treatment methods for which payment is sive temporary duty in order to permit the provided under this section into facilities of COMMITTEE ON ENERGY AND NATURAL member to receive treatment or study pro- the Department of Defense and Department RESOURCES tocol for traumatic brain injury or post- of Veterans Affairs. Mr. BINGAMAN. Mr. President, I traumatic stress disorder, for which pay- (n) TERMINATION.—The authority to make would like to announce for the infor- ments shall be made under subsection (a), at a payment under this section shall terminate a location beyond reasonable commuting dis- on the date that is five years after the date mation of the Senate and the public tance of the member’s permanent duty sta- of the enactment of this Act. that a hearing has been scheduled be- tion. (o) AUTHORIZATION OF APPROPRIATIONS.— fore the Senate Committee on Energy (2) PAYMENT OF PER DIEM.—A member who There is authorized to be appropriated to and Natural Resources. The hearing is away from the member’s permanent sta- carry out this section $10,000,000 for each fis- will be held on Thursday, September tion may be paid a per diem in lieu of sub- cal year during which the Secretary of Vet- 23, 2010, at 9:30 a.m., in room SD–366 of erans Affairs and the Secretary of Defense sistence in an amount not more than the the Dirksen Senate Office Building. amount to which the member would be enti- are authorized to make payments under this tled if the member were performing travel in section. The purpose of the hearing is to re- connection with a temporary duty assign- ceive testimony on the U.S. Depart- ment. SA 4623. Mr. INHOFE submitted an ment of Energy’s Loan Guarantee Pro- (3) GIFT RULE WAIVER.—Notwithstanding amendment intended to be proposed by gram and its effectiveness in spurring any rule of any department or agency with him to the bill H.R. 5136, to authorize the near-term deployment of clean en- respect to ethics or the receipt of gifts, any appropriations for fiscal year 2011 for ergy technology. assistance provided to a member of the military activities of the Department Because of the limited time available Armed Forces with a service-connected in- of Defense, for military construction, for the hearing, witnesses may testify jury or disability for travel, meals, or enter- and for defense activities of the De- by invitation only. However, those tainment incidental to receiving treatment partment of Energy, to prescribe mili- or study protocol under this section, or for wishing to submit written testimony the provision of such treatment or study pro- tary personnel strengths for such fiscal for the hearing record may do so by tocol, shall not be subject to or covered by year, and for other purposes; which was sending it to the Committee on Energy any such rule. ordered to lie on the table; as follows: and Natural Resources, United States (i) RETALIATION PROHIBITED.—No retalia- On page 97, between lines 6 and 7, insert Senate, Washington, D.C. 20510–6150, or tion may be made against any member of the the following: by e-mail to Abigail_Campbell@ Armed Forces or veteran who receives treat- SEC. 3ll. OIL AND GAS PRODUCTION ON DE- ment or study protocol as part of registered PARTMENT OF DEFENSE LAND. energy.senate.gov institutional review board study carried out Section 35 of the Mineral Leasing Act (30 For further information, please con- by a civilian health care practitioner. U.S.C. 191) is amended— tact Mike Carr or Abigail Campbell.

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7222 CONGRESSIONAL RECORD — SENATE September 20, 2010 COMMITTEE ON ENERGY AND NATURAL proceed to the immediate consider- (8) According to the November 2008 report en- RESOURCES ation of Calendar No. 374, S. 624. titled, ‘‘Global Trends 2025: A Transformed Mr. President, I would like to an- The PRESIDING OFFICER. Without World’’, the National Intelligence Council ex- nounce for the information of the Sen- objection, it is so ordered. pects rapid urbanization and future population growth to exacerbate already limited access to ate and the public that a hearing has The clerk will state the bill by title. been scheduled before the Sub- water, particularly in agriculture-based econo- The assistant legislative clerk read mies. committee on Energy. The hearing will as follows: (9) A 2009 report published in the Proceedings be held on Thursday, September 30, A bill (S. 624) to provide 100 million people of the National Academy of Sciences projects 2010, at 10 a.m., in room SD–366 of the with first-time access to safe drinking water that the effects of climate change will produce Dirksen Senate Office Building. and sanitation on a sustainable basis by 2015 long-term droughts and raise sea levels for the The purpose of this hearing is to ex- by improving the capacity of the United next 1,000 years, regardless of future efforts to amine the role of strategic minerals in States Government to fully implement the combat climate change. clean energy technologies and other Senator Paul Simon Water for the Poor Act (10) According to the 2005 Millennium Eco- applications as well as legislation to of 2005. system Assessment, commissioned by the United 1 address the issue, including S. 3521, the There being no objection, the Senate Nations, more than ⁄5 of the world population Rare Earths Supply Technology and relies on freshwater that is either polluted or ex- proceeded to consider the bill, which cessively withdrawn. Resources Transformation Act of 2010. had been reported from the Committee (11) The impact of water scarcity on conflict Because of the limited time available on Foreign Relations, with an amend- and instability is evident in many parts of the for the hearing, witnesses may testify ment to strike all after the enacting world, including the Darfur region of Sudan, by invitation only. However, those clause and insert in lieu thereof the where demand for water resources has contrib- wishing to submit written testimony following: uted to armed conflict between nomadic ethnic for the hearing record may do so by groups and local farming communities. SECTION 1. SHORT TITLE. (12) In order to further the United States con- sending it to the Committee on Energy This Act may be cited as the ‘‘Senator Paul and Natural Resources, United States tribution to safe water and sanitation efforts, it Simon Water for the World Act of 2010’’. is necessary to— Senate, Washington, D.C. 20510–6150, or SEC. 2. FINDINGS. (A) expand foreign assistance capacity to ad- by e-mail to Rosemarie

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 6333 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7223 water, sanitation, and hygiene in a manner an assessment of the extent to which the United sible for water and sanitation, the Department that— States Government’s efforts are reaching and of State, and other relevant United States Gov- ‘‘(i) is consistent with sound water resource supporting the goal of enabling first-time access ernment agencies; and management principles; and to safe water and sanitation on a sustainable ‘‘(4) coordinating with the Development Credit ‘‘(ii) utilizes such approaches as direct service basis for 100,000,000 people in high priority Authority and the Global Development Alliance provision, capacity building, institutional countries; to further the purposes of this Act.’’. strengthening, regulatory reform, and partner- ‘‘(8) recommendations on what the United SEC. 8. OTHER ACTIVITIES SUPPORTED. ship collaboration; and States Government would need to do to achieve ‘‘(D) integrate water strategies with country- and support the goals referred to in paragraph In addition to the requirements of section specific or regional food security strategies. (7), in support of the United Nation’s Millen- 135(c) of the Foreign Assistance Act (22 U.S.C. ‘‘(3) CAPACITY.—The Advisor shall be des- nium Development Goal on access to safe drink- 2152h(c)) the Administrator should— ignated appropriate staff and may utilize inter- ing water; and ‘‘(5) foster global cooperation on research and agency details or partnerships with universities, ‘‘(9) an assessment of best practices for mobi- technology development, including regional civil society, and the private sector, as needed, lizing and leveraging the financial and tech- partnerships among water experts to address to strengthen implementation capacity. nical capacity of business, governments, non- safe drinking water, sanitation, water resource ‘‘(f) SPECIAL COORDINATOR FOR INTER- governmental organizations, and civil society in management, and other water-related issues; NATIONAL WATER.— forming public-private partnerships that meas- ‘‘(6) establish regional and cross-border coop- ‘‘(1) ESTABLISHMENT.—To increase the capac- urably increase access to safe, affordable, drink- erative activities between scientists and special- ity of the Department of State to address inter- ing water and sanitation.’’. ists that work to share technologies and best national issues regarding safe water, sanitation, SEC. 7. DEVELOPING LOCAL CAPACITY. practices, mitigate shared water challenges, fos- integrated river basin management, and other The Senator Paul Simon Water for the Poor ter international cooperation, and defuse cross- international water programs, the Secretary of Act of 2005 (Public Law 109–121) is amended— border tensions; State shall establish a Special Coordinator for (1) by redesignating sections 9, 10, and 11 as ‘‘(7) provide grants through the United States International Water (referred to in this sub- sections 10, 11, and 12, respectively; and Agency for International Development to foster section as the ‘Special Coordinator’), who shall (2) by inserting after section 8 the following: the development, dissemination, and increased report to the Under Secretary for Democracy and consistent use of low cost and sustainable and Global Affairs. ‘‘SEC. 9. WATER AND SANITATION INSTITUTIONAL CAPACITY-BUILDING PROGRAM. technologies, such as household water treat- ‘‘(2) DUTIES.—The Special Coordinator shall— ‘‘(a) ESTABLISHMENT.— ment, hand washing stations, and latrines, for ‘‘(A) oversee and coordinate the diplomatic providing safe drinking water, sanitation, and policy of the United States Government with re- ‘‘(1) IN GENERAL.—The Secretary of State and the Administrator of the United States Agency hygiene that are suitable for use in high priority spect to global freshwater issues, including countries, particularly in places with limited re- interagency coordination related to— for International Development (referred to in this section as the ‘Secretary’ and the ‘Adminis- sources and infrastructure; ‘‘(i) sustainable access to safe drinking water, ‘‘(8) in collaboration with the Centers for Dis- sanitation, and hygiene; trator’, respectively), in consultation with host country institutions, the Centers for Disease ease Control and Prevention, Department of Ag- ‘‘(ii) integrated river basin and watershed riculture, the Environmental Protection Agency, management; Control and Prevention, the Department of Ag- riculture, and other agencies, as appropriate, the National Oceanic and Atmospheric Adminis- ‘‘(iii) global food security; tration, and other agencies, as appropriate, con- ‘‘(iv) transboundary conflict; shall establish, in coordination with mission di- duct formative and operational research and ‘‘(v) agricultural and urban productivity of rectors in high priority countries, a program to monitor and evaluate the effectiveness of pro- water resources; build the capacity of host country institutions grams that provide safe drinking water and ‘‘(vi) disaster recovery, response, and rebuild- and officials responsible for water and sanita- sanitation; and ing, tion in countries that receive assistance under ‘‘(vii) pollution mitigation; and section 135 of the Foreign Assistance Act of 1961, ‘‘(9) integrate efforts to promote safe drinking ‘‘(viii) adaptation to hydrologic change due to including training at appropriate levels, to— water, sanitation and hygiene with existing for- climate variability; and ‘‘(A) provide affordable, equitable, and sus- eign assistance programs, as appropriate, in- ‘‘(B) ensure that international freshwater tainable access to safe drinking water and sani- cluding activities focused on food security, HIV/ issues are represented— tation; AIDS, malaria, tuberculosis, maternal and child ‘‘(i) within the United States Government; ‘‘(B) educate the populations of such coun- health, food security, and nutritional support.’’. and tries about the dangers of unsafe drinking water SEC. 9. MONITORING AND EVALUATION. ‘‘(ii) in key diplomatic, development, and sci- and lack of proper sanitation; and (a) SENSE OF CONGRESS.—It is the sense of the entific efforts with other nations and multilat- ‘‘(C) encourage behavior change to reduce in- Congress that— eral organizations. dividuals’ risk of disease from unsafe drinking (1) achieving United States foreign policy ob- ‘‘(3) SUPPORT STAFF.—The Special Coordi- water and lack of proper sanitation and hy- jectives requires the consistent and systematic nator shall be designated appropriate staff to giene. evaluation of the impact of United States for- support the duties described in paragraph (2).’’. ‘‘(2) EXPANSION.—The Secretary and the Ad- eign assistance programs and analysis on what SEC. 6. SAFE WATER, SANITATION, AND HYGIENE ministrator may establish the program described programs work and why, when, and where they STRATEGY. in this section in additional countries if the re- work; ceipt of such capacity building would be bene- Section 6 of the Senator Paul Simon Water for (2) the design of assistance programs and ficial for promoting access to safe drinking the Poor Act of 2005 (22 U.S.C. 2152h note) is projects should include the collection of relevant water and sanitation, with due consideration amended— baseline data required to measure outcomes and given to good governance. (1) in subsection (b), by adding at the end the impacts; following: ‘‘The Coordinator shall take actions ‘‘(3) CAPACITY.—The Secretary and the Ad- (3) the design of assistance programs and to ensure that the safe water and sanitation ministrator— projects should reflect the knowledge gained strategy is integrated into any review or devel- ‘‘(A) should designate appropriate staff with from evaluation and analysis; opment of a Federal strategy for global develop- relevant expertise to carry out the strategy de- (4) a culture and practice of high quality eval- ment, global health, or global food security that veloped under section 6; and uation should be revitalized at agencies man- sets forth or establishes the United States mis- ‘‘(B) may utilize, as needed, interagency de- aging foreign assistance programs, which re- sion for global development, guidelines for as- tails or partnerships with universities, civil soci- quires that the concepts of evaluation and anal- sistance programs, and how development policy ety, and the private sector to strengthen imple- ysis are used to inform policy and programmatic will be coordinated with policies governing mentation capacity. decisions, including the training of aid profes- trade, immigration, and other relevant inter- ‘‘(b) DESIGNATION.—The United States Agency sionals in evaluation design and implementa- national issues.’’; for International Development Mission Director (2) in subsection (c), by adding at the end the for each country receiving a ‘high priority’ des- tion; following: ‘‘In developing the program activities ignation under section 6(f) and for each region (5) the effective and efficient use of funds needed to implement the strategy, the Secretary containing a country receiving such designation cannot be achieved without an understanding shall consider the results of the assessment de- shall report annually to Congress on the status of how lessons learned are applicable in various scribed in subsection (e)(9).’’; and of— environments and under similar or different (3) in subsection (e)— ‘‘(1) designating safe drinking water and sani- conditions; and (A) in paragraph (5), by striking ‘‘and’’ at the tation as a strategic objective; (6) project evaluations should be used as end; ‘‘(2) integrating the water strategy into a food sources of data when running broader analyses (B) in paragraph (6), by striking the period at security strategy; of development outcomes and impacts. the end and inserting a semicolon; and ‘‘(3) assigning an employee of the United (b) COORDINATION AND INTEGRATION.—To the (C) by adding at the end the following: States Agency for International Development as extent possible, the Administrator shall coordi- ‘‘(7) an assessment of all United States Gov- in-country water and sanitation manager to co- nate and integrate evaluation of United States ernment foreign assistance allocated to the ordinate the in-country implementation of this water programs with the learning, evaluation, drinking water and sanitation sector during the Act and section 135 of the Foreign Assistance and analysis efforts of the United States Agency 3 previous fiscal years, across all United States Act of 1961 (22 U.S.C. 2152h) with host country for International Development aimed at meas- Government agencies and programs, including officials at various levels of government respon- uring development impact.

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 6333 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7224 CONGRESSIONAL RECORD — SENATE September 20, 2010 SEC. 10. UPDATED REPORT REGARDING WATER conflict—just look at the conflict in to meeting the Millennium Develop- FOR PEACE AND SECURITY. Darfur. ment Goal on water, which is to reduce Section 11(b) of the Senator Paul Simon Water The burdens of water in the devel- by half the proportion of people with- for the Poor Act of 2005, as redesignated by sec- tion 7, is amended by adding at the end the fol- oping world fall most solidly on the out access to safe drinking water and lowing: ‘‘The report submitted under this sub- women. So many thousands of women sanitation by 2015. section shall include an assessment of current in Africa spend hours every day car- I believe American leadership in and likely future political tensions over water rying water back and forth. helping provide the world’s poor with sources and multidisciplinary assessment of the Young girls are often denied the op- such a fundamental human need as expected impacts of global climate change on portunity to go to school because they clean water is not only the right thing water supplies and agricultural productivity in have work to do. They have to carry to do, but the smart thing to do. 10, 25, and 50 years.’’. water, often walking several hours In fact, for every $1 invested in safe SEC. 11. AUTHORIZATION OF APPROPRIATIONS. both ways. drinking water and sanitation, an esti- (a) IN GENERAL.—There are authorized to be And sick children miss nearly 300 mated $8 is saved in work time, produc- appropriated for each of the 6 fiscal years begin- million school days a year from water- tivity and health care costs in poor ning after the date of the enactment of this Act such sums as may be necessary to carry out this related causes. An estimated 320 mil- countries. Act and the amendments made by this Act, pur- lion productive work days are lost to Throughout history, civilized nations suant to the criteria set forth in the Senator illness resulting from unsafe drinking have put aside political differences to Paul Simon Water for the Poor Act of 2005 (Pub- water and lack of access to sanitation. address compelling issues of life and lic Law 109–121). Quite simply, the global water crisis survival. Today, on this issue, by pass- (b) USE OF FUNDS.—Any amounts appro- is a quiet killer. In the developing ing the Paul Simon Water for the priated to implement this Act shall be primarily world, water-related diseases claim the World Act, the Senate did just that. allocated for activities related to safe drinking lives of 5,000 children every day. I now urge my colleagues in the water, sanitation, and hygiene. During my trips overseas, I have seen House to work with Representatives Mr. DURBIN. Mr. President, today, the hardships that befall populations EARL BLUMENAUER and DONALD PAYNE, with the passage of the Paul Simon without clean water and sanitation, House Foreign Affairs Committee Water for the World Act, the Senate and I’ve also seen the transformation Chairman HOWARD BERMAN and Rank- will take an important step in fighting that gaining access to these basic ing Member ILEANA ROS-LEHTINEN, and poverty and saving the lives of the human needs creates. Speaker PELOSI to do the same. world’s poor by increasing access to Earlier this year I traveled to Africa Mr. LEVIN. Mr. President, I ask the most fundamental human need— with Senator SHERROD BROWN where we unanimous consent that the com- clean water. visited a number of countries, includ- mittee-reported substitute amendment I introduced this bill in honor of my ing Ethiopia. We visited a slum outside be considered; that a Durbin amend- friend and mentor, the man whose seat Ethiopia’s capital Addis Ababa, where ment, which is at the desk, be agreed I now occupy in the Senate, the late we were greeted by two beautiful little to; that the substitute amendment, as Senator Paul Simon. Solving the glob- girls who gave us flowers and invited amended, be agreed to; that the bill, as al water crisis was his last great cam- us to a coffee ceremony. amended, be read the third time and paign and the topic of a book he au- The 380 inhabitants of this area lived passed; that the motions to reconsider thored called ‘‘Tapped Out: The Com- without running water until a non- be laid upon the table with no inter- ing World Crisis in Water and What We governmental organization called vening action or debate; and that any Can Do About It.’’ AMREF installed a simple but critical statements related to the bill be print- If he were here today, he would be water kiosk that now provides safe ed in the RECORD. proud of the Senate’s action. drinking water, showers, toilet facili- The PRESIDING OFFICER. Without I was joined in this effort by Sen- ties, and even jobs to the community. objection, it is so ordered. ators BOB CORKER, PATTY MURRAY and The same two girls who greeted us The amendment (No. 4620) was agreed 31 other cosponsors from both sides of beamed with pride as we looked at the to. the aisle—and would like to thank all source of water and sanitation that did (The amendment is printed in today’s of them for their support and commit- not exist before. What seems so ordi- RECORD under ‘‘Text of Amendments.’’) ment to addressing one of the defining nary to us in the developed world, ac- The committee amendment in the challenges of the 21st century. cess to water and sanitation, changed nature of a substitute, as amended, was I would also like to thank Senator the lives of these two young girls living agreed to. The bill (S. 624), as amended, was or- TOM COBURN for working construc- in squalor outside Addis Ababa. dered to be engrossed for a third read- tively with me to advance legislation But you do not have to travel half- ing, was read the third time, and that we both could agree upon. And fi- way around the world to see the dev- passed. nally I would like to express my appre- astating consequences of a lack of ciation to Foreign Relations Com- clean water and sanitation—travel just f mittee Chairman JOHN KERRY and 90 minutes from Miami to Haiti. FURNISHING NURSING HOME CARE Ranking Member RICHARD LUGAR for There are no public sewage treat- TO PARENTS OF CHILDREN WHO their critical support of this bill. ment or disposal systems anywhere in DIED WHILE SERVING IN THE While we have made progress in re- the country. Even in the capital, Port- ARMED FORCES cent years on clean water and sanita- au-Prince, a city of 2 million people, Mr. LEVIN. Mr. President, I ask tion, tragically nearly 1 billion people the drainage canals are choked with unanimous consent that the Com- around the world still lack access to garbage and sewage. mittee on Veterans’ Affairs be dis- clean, safe water. More than 2 billion And this was before the earthquake. charged from further consideration of people lack access to basic sanitation. It is no wonder that Haiti has the H.R. 4505 and the Senate proceed to its Most of these people live on less than highest infant and child mortality rate immediate consideration. $2 a day. in the Western Hemisphere. One-third The PRESIDING OFFICER. Without They are the voiceless and the power- of Haiti’s children do not live to see objection, it is so ordered. less of the world, but today the U.S. the age of five. The clerk will state the bill by title. Senate sent a clear message to them, The leading killer? Water-borne dis- The assistant legislative clerk read ‘‘We hear you, we see what you’re eases: hepatitis, typhoid and diarrhea. as follows: going through, and we want to help The goal of the bill passed today is to A bill (H.R. 4505) to enable State homes to with this most basic of human needs.’’ reach an additional 100 million of the furnish nursing home care to parents any of We want to help because the global world’s poorest people with sustain- whose children died while serving in the water crisis is not just a problem for able, first-time access to safe drinking Armed Forces. Africa or the Middle East, but rather a water and basic sanitation over the There being no objection, the Senate problem for all of humanity. next 6 years. proceeded to consider the bill. Mr. President, competition for water This would represent the largest sin- Mr. LEVIN. Mr. President, I ask is often at the heart of international gle commitment of any donor country unanimous consent that the bill be

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 20, 2010 CONGRESSIONAL RECORD — SENATE S7225 read the third time and passed, that tunity to educate themselves about highway CAPTAIN FREDERICK J. KENNEY CAPTAIN MARSHALL B. LYTLE the motion to reconsider be laid upon safety; and CAPTAIN STEPHEN P. METRUCK the table, and that any statements re- (2) designates November 28, 2010, as ‘‘Drive CAPTAIN FRED M. MIDGETTE lating to the measure be printed in the Safer Sunday’’. IN THE ARMY RECORD. f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED The PRESIDING OFFICER. Without ORDERS FOR TUESDAY, WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: objection, it is so ordered. SEPTEMBER 21, 2010 The bill (H.R. 4505) was ordered to be To be lieutenant general read a third time, was read the third Mr. LEVIN. Mr. President, I ask MAJ. GEN. JOHN D. JOHNSON unanimous consent that when the Sen- time, and passed. THE FOLLOWING ARMY NATIONAL GUARD OF THE ate completes its business today, it ad- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- f journ until 10 a.m. on Tuesday, Sep- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER DRIVE SAFER SUNDAY TITLE 10, U.S.C., SECTIONS 12203 AND 12211: tember 21; that following the prayer To be brigadier general Mr. LEVIN. Mr. President, I ask and pledge, the Journal of proceedings COL. BRIAN K. BALFE unanimous consent that the Senate be approved to date, the morning hour THE FOLLOWING NAMED OFFCIERS FOR APPOINTMENT proceed to the consideration of S. Res. be deemed expired, the time for the two TO THE GRADE INDICATED IN THE UNITED STATES ARMY 630, which was submitted earlier today. leaders be reserved for their use later UNDER TITLE 10, U.S.C., SECTION 624: The PRESIDING OFFICER. Without in the day, and that following any lead- To be brigadier general objection, it is so ordered. The clerk er remarks, the Senate proceed to a pe- COLONEL BRADLEY A. BECKER will report. riod for the transaction of morning COLONEL SCOTT D. BERRIER COLONEL MICHAEL A. BILLS The assistant legislative clerk read business until 11 a.m., with the time COLONEL GWENDOLYN BINGHAM as follows: equally divided and controlled between COLONEL DAVID J. BISHOP COLONEL MATTHEW L. BRAND A resolution (S. Res. 630) designating No- the two leaders or their designees, with COLONEL JAMES B. BURTON vember 28, 2010, as ‘‘Drive Safer Sunday.’’ the majority controlling the first half COLONEL DOMINIC J. CARACCILO COLONEL JOHN W. CHARLTON There being no objection, the Senate and Republicans controlling the second COLONEL GUY T. COSENTINO half; that following morning business, COLONEL JAMES H. DICKINSON proceeded to consider the resolution. COLONEL TIMOTHY J. EDENS Mr. LEVIN. Mr. President, I ask the Senate resume consideration of the COLONEL CHARLES A. FLYNN motion to proceed to S. 3454, the De- COLONEL GEORGE J. FRANZ III unanimous consent that the resolution COLONEL THEODORE C. HARRISON be agreed to, the preamble be agreed partment of Defense authorization bill, COLONEL FREDERICK A. HENRY as provided under the previous order; COLONEL TERENCE J. HILDNER to, and the motions to reconsider be COLONEL HENRY L. HUNTLEY laid upon the table. and finally, I ask unanimous consent COLONEL PAUL C. HURLEY, JR. that the Senate recess from 12:30 p.m. COLONEL MARK S. INCH The PRESIDING OFFICER. Without COLONEL FERDINAND IRIZARRY II objection, it is so ordered. until 2:15 p.m. to allow for the weekly COLONEL THOMAS S. JAMES, JR. caucus meetings. COLONEL OLE A. KNUDSON The resolution (S. Res. 630) was COLONEL THOMAS W. KULA agreed to. The PRESIDING OFFICER. Without COLONEL CLARK W. LEMASTERS, JR. objection, it is so ordered. COLONEL THEODORE D. MARTIN The preamble was agreed to. COLONEL BRIAN J. MCKIERNAN The resolution, with its preamble, f COLONEL ROBIN L. MEALER reads as follows: COLONEL JOHN B. MORRISON, JR. PROGRAM COLONEL SEAN P. MULHOLLAND S. RES. 630 COLONEL KEVIN G. O’CONNELL COLONEL BARRYE L. PRICE Whereas motor vehicle travel is the pri- Mr. LEVIN. Mr. President, at 2:15 COLONEL MARK R. QUANTOCK mary means of transportation in the United p.m., the Senate will proceed to vote COLONEL JAMES M. RICHARDSON COLONEL DARSIE D. ROGERS, JR. States; on the motion to invoke cloture on the COLONEL MARTIN P. SCHWEITZER Whereas every individual traveling on the motion to proceed to the Defense au- COLONEL JEFFREY A. SINCLAIR roads and highways needs to drive in a safer COLONEL RICHARD L. STEVENS thorization bill. That will be the first COLONEL PETER D. UTLEY manner in order to reduce deaths and inju- vote of the day. COLONEL GARY J. VOLESKY ries that result from motor vehicle acci- COLONEL KIRK F. VOLLMECKE dents; f COLONEL DARRYL A. WILLIAMS COLONEL MICHAEL E. WILLIAMSON Whereas according to the National High- ADJOURNMENT UNTIL 10 A.M. COLONEL CEDRIC T. WINS way Traffic Safety Administration, wearing IN THE AIR FORCE a seat belt saves more than 15,000 lives each TOMORROW year; THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. LEVIN. Mr. President, if there is TO THE GRADE INDICATED IN THE RESERVE OF THE AIR Whereas the Senate wants all people of the no further business to come before the FORCE UNDER TITLE 10, U.S.C., SECTION 12203: United States to understand the life-saving Senate, I ask unanimous consent that To be colonel importance of wearing a seat belt and en- it adjourn under the previous order. ERNEST J. PROCHAZKA courages motorists to drive safely, not just during the holiday season, but every time There being no objection, the Senate, IN THE ARMY they get behind the wheel; and at 5:34 p.m., adjourned until Tuesday, THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR Whereas the Sunday after Thanksgiving is September 21, 2010, at 10 a.m. APPOINTMENT TO THE GRADE INDICATED IN THE the busiest highway traffic day of the year: UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER f TITLE 10, U.S.C., SECTIONS 531 AND 3064: Now, therefore, be it To be major Resolved, That the Senate— NOMINATIONS (1) encourages— DAVID C. DECKER (A) high schools, colleges, universities, ad- Executive nominations received by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Senate: TO THE GRADE INDICATED IN THE UNITED STATES ARMY ministrators, teachers, primary schools, and UNDER TITLE 10, U.S.C., SECTION 624: secondary schools to launch campus-wide FEDERAL MARITIME COMMISSION To be major educational campaigns to urge students to MARIO CORDERO, OF CALIFORNIA, TO BE A FEDERAL ELIZABETH S. MASON be focused on safety when driving; MARITIME COMMISSIONER FOR THE TERM EXPIRING (B) national trucking firms to alert their JUNE 30, 2014, VICE HAROLD J. CREEL, JR., RESIGNED. THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR drivers to be especially focused on driving REBECCA F. DYE, OF NORTH CAROLINA, TO BE A FED- APPOINTMENT TO THE GRADE INDICATED IN THE ERAL MARITIME COMMISSIONER FOR THE TERM EXPIR- UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, safely on the Sunday after Thanksgiving, ING JUNE 30, 2015. (REAPPOINTMENT) U.S.C., SECTIONS 531 AND 3064: and to publicize the importance of the day DEPARTMENT OF JUSTICE To be major through use of Citizen’s Band (‘‘CB’’) radios STACIA A. HYLTON, OF VIRGINIA, TO BE DIRECTOR OF YVONNE J. FLEISCHMAN and truck stops across the Nation; THE UNITED STATES MARSHALS SERVICE. VICE JOHN F. WENDY M. ROSS (C) clergy to remind their members to CLARK, RESIGNED. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT travel safely when attending services and IN THE COAST GUARD TO THE GRADE INDICATED IN THE RESERVE OF THE gatherings; ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT (D) law enforcement personnel to remind IN THE UNITED STATES COAST GUARD TO THE GRADE IN- To be colonel drivers and passengers to drive safely, par- DICATED UNDER TITLE 14, U.S.C, SECTION 271: MARILYN S. CHIAFULLO ticularly on the Sunday after Thanksgiving; To be rear admiral (lower half) HOWARD D. REITZ, JR. and CAPTAIN BRUCE D. BAFFER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT (E) all people of the United States to use CAPTAIN DAVID R. CALLAHAN TO THE GRADE INDICATED IN THE RESERVE OF THE the Sunday after Thanksgiving as an oppor- CAPTAIN RICHARD T. GROMLICH ARMY UNDER TITLE 10, U.S.C., SECTION 12203:

VerDate Mar 15 2010 22:02 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 9801 E:\RECORD10\RECFILES\S20SE0.REC S20SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7226 CONGRESSIONAL RECORD — SENATE September 20, 2010 To be colonel PETER A. BAKTIS To be colonel JOSEPH M. FLEURY CONNIE C. DYER DAVID J. GIAMMONA ALAN D. ABRAMS GARY HENSLEY LOUIS R. BAINBRIDGE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY D. HOUSTON DANIEL A. BRIMM TO THE GRADE INDICATED IN THE RESERVE OF THE KEITH A. JACKSON CARL E. BUSH ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ALLEN L. KOVACH ARNOLD E. JONES To be colonel WILLIAM C. MCCOY EDWIN K. NEWINGTON STEVEN F. MICHALKE MARK D. SCHULTHESS JONATHAN J. BEITLER DAVID A. NEETZ JOHN W. SHEDD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FRANK R. SPENCER TO THE GRADE INDICATED IN THE RESERVE OF THE TO THE GRADE INDICATED IN THE RESERVE OF THE MICHAEL E. STROHM ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ARMY UNDER TITLE 10, U.S.C., SECTION 12203: D004841 To be colonel To be colonel D002419 PAMELA Y. DELANCY DAVID K. POWELL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY DAVID H. FULLERTON ROBERT A. MOORE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, BERNADETTE WINN TO THE GRADE INDICATED IN THE RESERVE OF THE U.S.C., SECTIONS 624 AND 3064: KAREN L. WRIGHT ARMY UNDER TITLE 10, U.S.C., SECTION 12203: To be colonel To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAN E. ALDYKIEWICZ TO THE GRADE INDICATED IN THE RESERVE OF THE JOHN J. FERENCE EUGENE E. BAIME ARMY UNDER TITLE 10, U.S.C., SECTION 12203: FRANCIS A. KESTLER MARK A. BRIDGES JOHN C. MCCABE KIRSTEN V. BRUNSON To be colonel LORIANNE M. CAMPANELLA MALCOLM B. MIRACLE ERICK J. ALVERIO DAVID T. CRAWFORD GINO A. ORLANDI PHILIP R. GOOD MARY M. FOREMAN DOUGLAS B. PETERSON POLLY R. GRAHAM DAVID M. SCHLAACK EDWARD K. LAWSON IV JAMES A. LEWIS CYNTHIA E. PIERCE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FRANK A. MARCH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE TANIA M. MARTIN TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: WILLIAM R. MARTIN ARMY UNDER TITLE 10, U.S.C., SECTION 12203: SCOTT E. REID To be colonel GEORGE R. SMAWLEY To be colonel MARK H. SYDENHAM JULIE A. BLIKE BESS J. PIERCE LISA K. COURTNEY CHRISTOPHER B. VALENTINO JOHN B. WELLS III JULIE A. ROCHE JAMES K. ENGSTRAND TY J. VANNIEUWENHOVEN ERIC S. EVANS LOUIS P. YOB CARLA R. HENSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PAMELA S. MINDT TO THE GRADE INDICATED IN THE RESERVE OF THE TO THE GRADE INDICATED IN THE RESERVE OF THE LEAH M. MOORE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ARMY UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL M. TALLMAN AVA J. WALKER To be colonel To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REBECCA L. ALLEN STEVEN M. GRODDY TO THE GRADE INDICATED IN THE RESERVE OF THE MARK A. ARTURI STEVEN R. SLAVKIN ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203: THOMAS E. BROOKS HEIDI M. WIEGAND CYNTHIA G. DUCKETT To be colonel CAROL A. FOX THE FOLLOWING NAMED ARMY NATIONAL GUARD OF PETER C. GOULD THE UNITED STATES OFFICERS FOR APPOINTMENT TO WILLIAM B. BRITT JO E. GRANDELLI THE GRADE INDICATED IN THE RESERVE OF THE ARMY WILLIAM R. COVEY IVA G. GRIGGS UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: CHARLES M. GRINNELL ELAINE W. HANNA To be colonel JEFFREY W. HART KAREN H. JOHNSON RICHARD A. HOPKINS COLLEEN A. KLOEHN HOWARD A. ALLEN III GERALD R. KRIMBILL SYLVIA A. MCCANTS CURTIS D. ARNOLD PAUL A. MARONE THERESA MERCADOSCONZO LINDEN J. BERCEGEAY III WILLIAM T. MCMURRY, JR. PEGGY A. MILLER LAMAR BLAIR, JR. ROBERT J. MOORE DEBORAH L. MITCHELL EDWARD J. BYRNE PAUL A. RAAF DEBORAH J. NELSON SCOTT A. DOUST CHARLES R. RAPHUN VERONICA G. OSWALDHRUTKAY LAURA J. GARREN DAVID A. SHIVELY DONNA R. ROJAS JOSEPH R. HANCOCK KENLEY J. THOMPSON ARGARTHA L. RUSSELL SAMUEL E. HAYES III LYNN A. WISE CHRISTINE C. SANFORD KEVIN R. KOEHLER ANNETTE L. TUCKEROSBORNE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COREY L. LAKE GLORIA VIGNONE TO THE GRADE INDICATED IN THE RESERVE OF THE ANDREW LAWLOR TONI Y. WILSON ARMY UNDER TITLE 10, U.S.C., SECTION 12203: KATHLEEN G. MCDILL ULYSSES L. MIRAMONTES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be colonel MICHEL A. NATALI TO THE GRADE INDICATED IN THE RESERVE OF THE CHARLES H. PERENICK, JR. JAMES T. BARBER, JR. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THOMAS C. PERISON DONALD T. BROCK To be colonel ROBERT K. RYAN JOSEPH T. BURNS DAVID K. SARJI THOMAS W. ESSEX GEORGE A. BERNDT III STEVEN M. SCHEMINE PHILIP D. ISHERWOOD RANDALL K. BOOTH CRAIG H. SMITH THOMAS E. LAUTZENHEISER KIMBERLY A. BURGESS KENNETH J. STYNEN DOUGLAS W. LITTLE ROBERT H. BUTTS SUZANNE P. VARESLUM PAUL A. MABRY EARL J. CAMPBELL JOHN L. MANSELL WILLIAM R. CARSON THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- GREGORY S. MCKINNEY BRADLEY T. CLAIR POINTMENT IN THE GRADES INDICATED IN THE UNITED ROBERT A. MONTELEONE PETER J. COCHRANE STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: GUILLERMO J. PIERLUISI DONALD C. DAGATI CHRISTOPHER W. RATCHFORD PAUL D. DANIELSON To be lieutenant colonel SALVADOR P. RENTERIA NETLEY J. DSOUZA TYLER C. CRANER GUY W. SNEED CRAIG H. DURCK SAMUEL J. DEAN JOSEPH C. WOOD JOHN J. FRASER, JR. BARRY J. GORE DANIEL W. HAMRE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CELIA A. FLORCRUZ DAVID N. HOANG TO THE GRADE INDICATED IN THE RESERVE OF THE DAVID K. HOWE RONALD P. JANUCHOWSKI, JR. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: SAMUEL B. PHILLIPS ANTHONY KATRAS KEVIN S. SNYDER To be colonel ROBERT W. KIEFFER ROBERT F. KIELY To be major SANDRA L. ALVEY NORMA LUBECK JONATHON D. BAILEY, SR. ANTONIO T. MARTINEZLUENGO JAMES C. CAMPBELL MICKEY W. BAKER MICHAEL P. MCNAMARA, JR. PAUL G. CASTELLS THOMAS J. DECICCO TIMOTHY W. MULLETT COREY B. CHASSE LISA L. DOUMONT CHARLES PERROTTA, JR. JOE L. CHERRY JOHN W. FASANO CYNTHIA L. PERRY PATRICK R. HOBIN ESTELA C. HAMBLEN STEPHAN PETRANKER MARKUS J. LEWIS GEORGE N. HOVIS, JR. PAUL PHILLIPS III EDMUNDO LINERRARIVERA EVELYN LANGFORD CHARLES K. POWERS, JR. JOHN R. KILBY KEITH J. LOSTROH ERIC ROMANUCCI RONANDO D. MOORE THOMAS J. MOTEL JOHN S. SHIN ALFRED NAVARRO JAMES D. PILLOW GEORGE J. SMITH AMANDA K. PARKHURST ROBERTO F. REID PETER SORINI JOEL C. SEPPALA NEVA L. ROGERS THOMAS E. SOUTHERLAND JOHN D. TAYLOR JAMES L. SIMON JAMES D. SWENSON JUSTIN E. TOWELL AARON TUCKER JOSEPH A. TRONCALE BRENNAN V. WALLACE ALISON M. WARD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED ARMY NATIONAL GUARD OF GARY R. WELTMAN TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE UNITED STATES OFFICERS FOR APPOINTMENT TO JOHN A. WILEY AS CHAPLAINS UNDER TITLE 10, U.S.C. , SECTIONS 624 THE GRADE INDICATED IN THE RESERVE OF THE ARMY DOUGLAS W. YODER AND 3064: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be colonel TO THE GRADE INDICATED IN THE RESERVE OF THE EDWIN E. AHL ARMY UNDER TITLE 10, U.S.C., SECTION 12203: STEPHEN J. BETHONEY

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RICHARD A. BLAIR THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- JOHN D. MULLINAX KIM S. LABRIE MENT TO THE GRADE INDICATED IN THE REGULAR NAVY KIM R. SCHLECHT CHRISTIAN A. ROFRANO UNDER TITLE 10, U.S.C., SECTION 531: MARILYN TORRES WAYMON B. STOREY III To be lieutenant commander KIRK A. YAUKEY f JEFFRY P. SIMKO THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO THE GRADES INDICATED IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DISCHARGED NOMINATIONS UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, TO THE GRADE INDICATED IN THE UNITED STATES NAVY U.S.C., SECTIONS 531 AND 3064: RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: The Senate Committee on Homeland To be captain Security and Governmental Affairs was To be lieutenant colonel discharged from further consideration PATRICK A. GARVEY LAWRENCE E. WIDMAN of the following nominations pursuant THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- To be major MENT TO THE GRADE INDICATED IN THE REGULAR NAVY to an order of the Senate of 01/07/2009 UNDER TITLE 10, U.S.C., SECTION 531: and the nominations were placed on JOSEPH E. GARDELLA JAMES I. JOUBERT To be lieutenant commander the Executive Calendar: SHERWIN Y. CHO *STEVE A. LINICK, OF VIRGINIA, TO BE INSPECTOR IN THE NAVY JEFFREY G. SOTACK GENERAL OF THE FEDERAL HOUSING FINANCE AGENCY. THE FOLLOWING NAMED OFFICER FOR TEMPORARY IN THE ARMY *OSVALDO LUIS GRATACOS MUNET, OF PUERTO RICO, APPOINTMENT TO THE GRADE INDICATED IN THE TO BE INSPECTOR GENERAL, EXPORT-IMPORT BANK. UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT *Nominee has committed to respond 6221: TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: to requests to appear and testify before To be captain To be colonel any duly constituted committee of the BRIAN O. WALDEN PAMELA K. KING Senate.

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