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

Vol. 157 WASHINGTON, FRIDAY, SEPTEMBER 23, 2011 No. 143 Senate The Senate met at 9 a.m. and was Mr. WHITEHOUSE thereupon as- I ask unanimous consent that at 11:20 called to order by the Honorable SHEL- sumed the chair as Acting President this morning, not withstanding the DON WHITEHOUSE, a Senator from the pro tempore. message not having been received from State of Rhode Island. f the House with respect to H.R. 2608, the House message be considered to have PRAYER RECOGNITION OF THE MAJORITY been laid before the Senate; further, LEADER The Chaplain, Dr. Barry C. Black, of- that I may move to concur in the fered the following prayer: The ACTING PRESIDENT pro tem- House amendment to the Senate Let us pray. pore. The majority leader is recog- amendment to H.R. 2608 with an Eternal Spirit, the God of all com- nized. amendment, the text of which is the forts, the challenges continue, but You f House amendment with a technical change; that there be 10 minutes of de- have promised us strength for each new SCHEDULE day. So give us this day our daily intel- bate, equally divided, between the two lectual, physical, social, and spiritual Mr. REID. Mr. President, I am in a leaders or their designees; that upon bread that we may honor You. moment going to note the absence of a the use or yielding back of that time, Empower our Senators today to be- quorum. There will be no speeches the majority leader be recognized to come instruments of Your grace, con- until the Republican leader and I have move to table the motion to concur tinuing Your work on Earth to liberate a chance to visit and determine what with an amendment and the Senate the captives. May our lawmakers seize we are going to do this morning. We ex- proceed to a vote on the motion to the opportunities You give them to pect a vote fairly quickly. We will do table the motion to concur with an protect and bless our world. the best we can. We are waiting for a amendment, with no intervening ac- We pray in Your holy Name. Amen. message from the House. tion or debate. At this time, I suggest the absence of The PRESIDING OFFICER. Is there f a quorum. objection? Without objection, it is so ordered. PLEDGE OF ALLEGIANCE The ACTING PRESIDENT pro tem- pore. The clerk will call the roll. Mr. REID. I suggest the absence of a The Honorable SHELDON WHITEHOUSE The assistant legislative clerk pro- quorum and ask the time be equally di- led the Pledge of Allegiance, as follows: ceeded to call the roll. vided. I pledge allegiance to the Flag of the Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without United States of America, and to the Repub- imous consent the order for the objection, it is so ordered. The clerk lic for which it stands, one nation under God, quorum call be rescinded. will call the roll. indivisible, with liberty and justice for all. The assistant legislative clerk pro- The PRESIDING OFFICER (Mr. ceeded to call the roll. f FRANKEN). Without objection, it is so Mr. REID. Mr. President, I ask unan- ordered. APPOINTMENT OF ACTING imous consent the order for the PRESIDENT PRO TEMPORE f quorum call be rescinded. RESERVATION OF LEADER TIME The PRESIDING OFFICER. Without The PRESIDING OFFICER. The objection, it is so ordered. clerk will please read a communication The PRESIDING OFFICER (Mr. Mr. REID. Mr. President, we can see to the Senate from the President pro UDALL of New Mexico). Under the pre- there is not a stampede to talk, so I tempore (Mr. INOUYE). vious order, the leadership time is re- now ask unanimous consent that not- The assistant legislative clerk read served. withstanding the previous order, the the following letter: f motion to table be in order now. U.S. SENATE, The PRESIDING OFFICER. Without UNANIMOUS CONSENT PRESIDENT PRO TEMPORE, objection, it is so ordered. Washington, DC, September 23, 2011. AGREEMENT—H.R. 2608 f To the Senate: Mr. REID. Mr. President, I apologize Under the provisions of rule I, paragraph 3, to all Members for not being able to SMALL BUSINESS PROGRAM EX- of the Standing Rules of the Senate, I hereby get here more quickly, but we have TENSION AND REFORM ACT OF appoint the Honorable SHELDON WHITEHOUSE, 2011 a Senator from the State of Rhode Island, to done the best we can. I have been wait- perform the duties of the Chair. ing to hear from the Speaker for the The PRESIDING OFFICER. Under DANIEL K. INOUYE, last half hour or so and he has not the previous order, the House message President pro tempore. called. is considered laid before the Senate.

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

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VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5922 CONGRESSIONAL RECORD — SENATE September 23, 2011 Mr. REID. Mr. President, I move to The assistant legislative clerk read There appears to be a sufficient sec- concur, with an amendment. The as follows: ond. amendment is at the desk. The Senator from Nevada [Mr. REID] moves The yeas and nays were ordered. (The text of the amendment (No. 655) to concur in the House amendment to the AMENDMENT NO. 659 is printed in today’s RECORD under Senate amendment to H.R. 2608, with an Mr. REID. Mr. President, I have an ‘‘Text of Amendments.’’) amendment numbered 656. amendment to my instruction that is The PRESIDING OFFICER. The (The amendment is printed in today’s also at the desk. question is on agreeing to the motion RECORD under ‘‘Text of Amendments.’’) The PRESIDING OFFICER. The to concur in the House message with Mr. REID. Mr. President, I ask for clerk will report the amendment. respect to H.R. 2608, with amendment the yeas and nays on that. The assistant legislative clerk read No. 655. The PRESIDING OFFICER. Is there a as follows: Mr. REID. I move to table that and sufficient second? The Senator from Nevada [Mr. REID] pro- ask for the yeas and nays. There appears to be a sufficient sec- poses an amendment numbered 659 to the in- The PRESIDING OFFICER. Is there a ond. structions of the motion to refer. The yeas and nays were ordered. sufficient second? The amendment is as follows: There appears to be a sufficient sec- CLOTURE MOTION ond. In the amendment, strike ‘‘3 days’’ and in- Mr. REID. Mr. President, I have a sert ‘‘2 days’’. The clerk will call the roll. cloture motion at the desk. The assistant legislative clerk called The PRESIDING OFFICER. The clo- Mr. REID. I ask for the yeas and nays the roll. ture motion having been presented pur- on that. Mr. KYL. The following Senators are suant to rule XXII, the Chair directs The PRESIDING OFFICER. Is there a necessarily absent: the Senator from the clerk to read the motion. sufficient second? Wyoming (Mr. BARRASSO), the Senator The assistant legislative clerk read There appears to be a sufficient sec- from Georgia (Mr. CHAMBLISS), the Sen- as follows: ond. The yeas and nays were ordered. ator from Oklahoma (Mr. COBURN), the CLOTURE MOTION AMENDMENT NO. 660 TO AMENDMENT NO. 659 Senator from Tennessee (Mr. CORKER), We, the undersigned Senators, in accord- and the Senator from Wyoming (Mr. ance with the provisions of rule XXII of the Mr. REID. I have a second-degree ENZI). Standing Rules of the Senate, hereby move amendment to my instructions at the Further, if present and voting, the to bring to a close debate on the Reid motion desk. Senator from Tennessee (Mr. CORKER) to concur in the House amendment to the The PRESIDING OFFICER. The would have voted ‘‘yea.’’ Senate amendment to H.R. 2608, with amend- clerk will report the amendment. The PRESIDING OFFICER. Are there ment No. 656. The assistant legislative clerk read any other Senators in the Chamber de- Harry Reid, Daniel K. Inouye, Tom as follows: siring to vote? Udall, Charles E. Schumer, Richard J. Durbin, Mary L. Landrieu, Patty Mur- The Senator from Nevada [Mr. REID] pro- The result was announced—yeas 59, ray, Patrick J. Leahy, Richard poses an amendment numbered 660 to amend- nays 36, as follows: Blumenthal, Benjamin L. Cardin, Shel- ment No. 659. [Rollcall Vote No. 151 Leg.] don Whitehouse, Sherrod Brown, Maria The amendment is as follows: YEAS—59 Cantwell, Daniel K. Akaka, Jack Reed, In the amendment, strike ‘‘2 days’’ and in- Akaka Harkin Paul Debbie Stabenow, Kay R. Hagan. sert ‘‘1 day’’. Baucus Inouye Pryor AMENDMENT NO. 657 TO AMENDMENT NO. 656 Mr. REID. Mr. President, I ask unan- Begich Johnson (SD) Reed Mr. REID. Mr. President, I now have Bennet Johnson (WI) imous consent that the mandatory Reid a second-degree amendment at the Bingaman Kerry Risch quorum requirement under rule XXII Blumenthal Klobuchar Rockefeller desk. be waived with respect to the cloture Boxer Kohl Rubio The PRESIDING OFFICER. The motion I just filed. Brown (OH) Landrieu Sanders clerk will report. Cantwell Lautenberg The PRESIDING OFFICER. Without Schumer Cardin Leahy The assistant legislative clerk read Shaheen objection, it is so ordered. Carper Lee as follows: Stabenow Mr. REID. Mr. President, I now ask Casey Levin Tester The Senator from Nevada [Mr. REID] pro- unanimous consent that the vote on Conrad Lieberman poses an amendment numbered 657 to amend- Coons Manchin Toomey the motion to invoke cloture on the ment No. 656. DeMint McCaskill Udall (CO) motion to concur with an amendment Durbin Menendez Udall (NM) The amendment is as follows: Feinstein Merkley Warner occur at 5:30 p.m., Monday, September Franken Mikulski Webb At the end, add the following new section: 26. Gillibrand Murray Whitehouse Section ll The PRESIDING OFFICER. Is there Hagan Nelson (FL) Wyden This Act shall become effective 4 days after enactment. objection? NAYS—36 The minority leader. MOTION TO REFER, WITH AMENDMENT NO. 658 Mr. MCCONNELL. Reserving the Alexander Grassley McConnell Mr. REID. Mr. President, I have a Ayotte Hatch Moran right to object and with the indulgence motion to refer the House message to Blunt Heller Murkowski of my friend the majority leader, let Boozman Hoeven Nelson (NE) the Appropriations Committee with in- me make some brief remarks about Brown (MA) Hutchison Portman structions to report back forthwith, Burr Inhofe Roberts where we are. with an amendment. Coats Isakson Sessions For anyone who is confused about The PRESIDING OFFICER. The Cochran Johanns Shelby what is going on in Congress right now, Collins Kirk Snowe clerk will report. Cornyn Kyl Thune The assistant legislative clerk read let me make it easy. In order to keep Crapo Lugar Vitter as follows: the government running beyond next Graham McCain Wicker week, Congress needs to pass a short- The Senator from Nevada [Mr. REID] moves NOT VOTING—5 to refer the House message on H.R. 2608 to term bill that funds government oper- Barrasso Coburn Enzi the Senate Appropriations Committee with ations at a spending level to which Chambliss Corker instructions to report back forthwith, with both parties can agree. The good news The motion was agreed to. an amendment numbered 658. is, we have already agreed on a spend- The PRESIDING OFFICER (Mr. The amendment is as follows: ing level. That has already been done. FRANKEN). The majority leader. At the end, add the following new section: Last night, the House of Representa- MOTION TO CONCUR, WITH AMENDMENT NO. 656 Section ll tives passed a bill that meets that fig- Mr. REID. Mr. President, I now move This Act shall become effective 3 days ure we agreed on a couple of months to concur in the House amendment to after enactment. ago. the Senate amendment to H.R. 2608, Mr. REID. Mr. President, I ask for Here is the holdup. Because of some with an amendment. the yeas and nays on that. of the horrible weather we have had The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a over the past several weeks, we have clerk will report the motion. sufficient second? all agreed to add emergency funds we

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5923 didn’t originally plan in this bill, and vember 18. That is what the House Mr. REID. I renew my request. I Republicans have identified a couple of wanted. There also is money in this bill would tell everyone—as my friend said, cuts to make sure we don’t make the to take care of FEMA. And even we will have the vote on Monday. We deficit any bigger than it is already, in- though we passed a bill here with bi- will keep the vote open, and if people cluding an offset Leader PELOSI has partisan support that had $6.9 billion, are pressed on planes, I will work with used in the past. The rest is from a cut which we believed was an appropriate the Republican leader and make sure to a loan guarantee program that gave figure, in an effort to compromise on that everyone is protected as much as us the Solyndra scandal. I think we can this CR, we have the number the House possible. all agree this program should be put on thinks is a better number. That is what The PRESIDING OFFICER. Is there hold until we get more answers, but is before us. objection to the renewed request for our friends on the other side don’t like So, Mr. President, my suggestion to Monday? the idea. They would rather just add my friend—and he is my friend—is that Without objection, it is so ordered. these funds to the deficit. Why? Be- the two Democratic leaders, REID and Mr. MCCAIN. Mr. President, as my cause, they say, that is the way we PELOSI, and the two Republican lead- colleagues know, last night the House have always done things around here. ers, MCCONNELL and BOEHNER, should of Representatives approved a con- Well, I think there is a lesson we can just cool off a little bit and then work tinuing resolution which includes crit- draw from the debates we have been through this. There is a compromise ical funding for the Federal Emergency having here over the last 6 months; here, and the compromise is now before Management Agency, FEMA. It has that is, the American people won’t ac- the Senate. Everyone, once in a while, been reported that my friends on the cept that excuse any longer. The whole needs a little cooling-off period. other side of the aisle are committed to ‘‘that is the way we have always done The government is not shutting defeating this measure because the it’’ argument is the reason we have a down. I spoke to Mr. Fugate myself, FEMA spending has been offset by a $14 trillion debt right now. and FEMA is not out of money. We will $1.5 billion reduction in the Advanced If we pass this bill, FEMA will have come here Monday, and more reason- Technology Vehicles Manufacturing the funds they need—have the funds able heads will prevail. I hope over the Loan Program. they need—to respond to these emer- weekend the four leaders can lead their I would like to remind my colleagues gencies. That is not the issue. What is troops in the right direction. that in 2009, before the change of lead- at issue is whether we are going to add So I again ask unanimous consent ership in the House, that body sent to the debt. that the vote on the motion to invoke over a bill, H.R. 3435, to ‘‘Make supple- We have a path forward to get dis- cloture on the motion to concur with mental appropriations for fiscal year aster funding done right here, today. an amendment occur at 5:30 p.m., Mon- 2009 for the Consumer Assistance to There is absolutely no reason, in my day, September 26. Recycle and Save Program’’—otherwise judgment, to delay funding for disas- The PRESIDING OFFICER. Is there known as ‘‘Cash-for-Clunkers.’’ That ters until Monday, as my friend the objection? bill provided an additional $2 billion, majority leader is now asking us to do. Mr. MCCONNELL. Reserving the on top of an already appropriated $1 I don’t think we ought to delay at all. right to object, obviously, here in the billion, for a program that did nothing We just received the amendment a few Senate we would have a 60-vote thresh- to boost long-term car sales in this minutes ago, but we are aware of what old, and that is what we will have Mon- country. it does, and I think it is important for day afternoon. I see no reason why we And how was the second appropria- us to try to resolve this issue sooner shouldn’t advance that to now so it can tion to ‘‘Cash-for-Clunkers’’ paid for? rather than later. be clear whether this measure would You guessed it, unused funds from a Let’s just walk through the next few pass the Senate. I am pretty confident Department of Energy loan guarantee days. If we don’t have this vote until it will not, and I don’t see any purpose program. The former leadership in the Monday, that leaves 24 hours or so be- to be served by delaying the outcome House transferred money from the De- fore the Jewish holidays begin and of that, making the outcome clear on partment of Energy Innovative Tech- then several days before the end of the Monday when we could have a clear nology Loan Guarantee Program that fiscal year. It strikes me that we would outcome today; therefore, I object. was funded by the stimulus bill. be better off going ahead and having The PRESIDING OFFICER. Objec- If ‘‘Cash-for-Clunkers’’ was impor- this vote now and entering into the dis- tion is heard. tant enough to transfer money from a cussions that will probably now be de- The majority leader. loan guarantee program that was not layed until sometime Monday night to Mr. REID. Mr. President, first of all, being utilized, why not the disaster re- see how we can resolve this impasse be- we have a piece of legislation at the lief we are seeking to fund now? I tween the House and Senate. desk that takes care of all the issues. would like to hear from my friends on We would be happy to have the clo- It takes care of funding the govern- the other side of the aisle as to what ture vote on the proposal of my friend ment after October 1, and it also takes made ‘‘Cash-for-Clunkers’’ so critical the majority leader right now rather care of FEMA for the foreseeable fu- to our Nation’s health that we could than Monday night so we can get a ture. It is a nice piece of legislation. pay for it with money from a loan clear sense of where we stand. It is my It is not our number; it is the House guarantee program but are unable to view that we ought to have the vote number. do the same with FEMA? today rather than wait until Monday I ask unanimous consent that the And what is it about the Advanced and basically squander the next few Reid motion to concur to the House Technology Vehicles Manufacturing days toward getting an agreement we amendment to the Senate amendment Loan Program that the majority know we have to reach. Therefore, Mr. H.R. 2608 with amendment No. 656 be prioritizes over FEMA’s disaster relief President—and I thank my friend the agreed to, the motion to reconsider be efforts? majority leader for letting me explain considered made and laid on the table, According to the Government Ac- my position—I object. with no intervening action or debate, countability Office, the Department of The PRESIDING OFFICER. Objec- and any statements relating to this bill Energy has not obtained technical ex- tion is heard. be placed in the RECORD at the appro- pertise to monitor the loan program, The majority leader. priate place as if read. In fact, what we developed sufficient performance meas- Mr. REID. First of all, my friend, I are asking here is the CR, with the ures to ensure the loan guarantee pro- am sure, understands that this great FEMA language, be passed. gram achieves its intended goals, and piece of legislation that was sent to us The PRESIDING OFFICER. Is there ‘‘could not provide Congress with infor- by the House received 36 votes over objection? mation on whether the program was here. It was tabled on a bipartisan Mr. MCCONNELL. Mr. President, we achieving its goals and warranted con- basis. will have that vote on Monday. I ob- tinued support.’’ The matter that is now before the ject. There is absolutely no excuse for not Senate is really a nice piece of legisla- The PRESIDING OFFICER. Objec- passing the continuing resolution ap- tion. It funds the government until No- tion is heard. proved by the House last night.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5924 CONGRESSIONAL RECORD — SENATE September 23, 2011 Mr. REID. I note the absence of a Washington State reduced its foster in the Senate and in the House of Rep- quorum. care caseloads by 13.8 percent during a resentatives. The PRESIDING OFFICER. The similar time period. First of all, this year we have seen a clerk will call the roll. Unfortunately, instead of being re- terrible string of natural disasters that The bill clerk proceeded to call the warded for these actions, we were pe- have shut down businesses and left roll. nalized, and that is what this legisla- families homeless across America. As The PRESIDING OFFICER. The Sen- tion has helped to correct. In fact, we chair of the Agriculture Committee, I ator from Washington. lost $2.7 million during that time pe- am certainly very concerned about the Ms. CANTWELL. Mr. President, I ask riod. So this legislation, instead of flooding along the Mississippi and Mis- unanimous consent that the quorum punishing Washington State for keep- souri Rivers, and the record droughts call be rescinded. ing kids out of foster care, helps us en- that have devastated the livelihoods of The PRESIDING OFFICER. Without sure the kind of innovation that will men and women who grow our food objection, it is so ordered. help us to make sure the best programs across America. Ms. CANTWELL. I ask consent to are implemented. This allows Wash- In response to that, the Senate, on a speak as if in morning business. ington to increase its capacity to keep strong bipartisan basis, responded to The PRESIDING OFFICER. Without doing the things that keep children provide the funding for FEMA to help objection, it is so ordered. who have been in the foster care sys- with communities across America, 48 f tem from being in the foster care sys- States, to be able to respond and be able to do what we always do as Ameri- CHILD AND FAMILY SERVICES IM- tem the entirety of their childhood. This instead drives them, hopefully, cans—to be able to step forward and PROVEMENT AND INNOVATION work together and meet these kinds of ACT successfully back with their families. Our State can invest in evidence- natural disasters and the help that is Ms. CANTWELL. Mr. President, I based programs that have proven to needed. know my colleagues here want to join work, and just as this legislation will We sent that to the House. The House decided, on the other hand, that they in on the debate that just transpired, help us to do, it will make sure that not only would lower the funding but I wanted to take a minute to talk children don’t bounce from foster home amount, even though we know that about Senate bill 1542, which passed to foster home on a continuing basis. means multiple times now having to last night. I know, just as people are We will help to keep kids out of the keep churning to work something out, frustrated here with everything that is care system and, when possible, place but they have cut the amount. Then going on, I think it is important to them back safely with families. they added to it an effort to cut in half stop for a second, when something does Washington State Representative a public-private sector effort that is pass and it is good policy, that we talk Ruth Kagi, who has been a tireless ad- about it, and that is the Child and creating jobs. vocate for this system, said it best: I know people in Michigan and people Family Services Improvement and In- Title IV-E waivers can help the State move novation Act. across the country would be scratching from purchasing specific services to pur- their heads, saying, Wait a minute. Did Congress took a pretty big step last chasing specific outcomes. night by improving the lives of chil- I hear this right? We are stepping for- I thank Chairman BAUCUS and Rank- ward to help families who had their dren by the passage of this legislation. ing Member HATCH for their timely and It is about keeping families together. house wiped out or their business wiped innovative work on this legislation. I out or their farm wiped out or some It is about rewarding government effi- wish my colleagues could have been at ciency and driving down costs, and it is other horrendous challenge because of the hearing that was held earlier this natural disasters. In order to help about giving flexibility to invest in year when Senator BAUCUS asked programs that are proven to work for them, the House Republicans are say- young adults, who had been part of the ing we have to cut jobs. That makes kids and families. foster system for their entire lives, This bill is about America’s children. absolutely no sense. how to change the system. I would say that while Michigan was It is about making sure that America’s I thank the chairman for taking into very fortunate that we were not one of foster care program works for children consideration the specific improve- the 48 States that has lost, because of so they can keep their families to- ments and innovations that Wash- weather disasters, homes or businesses gether. Too often, our Federal policies ington State has advocated. And I or jobs or families, we have had a dif- have punished States which have inno- thank my colleague, Representative ferent kind of disaster that has been vative programs, giving States money JIM MCDERMOTT, and the Washington going on. It is an economic disaster, it based on how many kids were still in State legislators who worked on this, is a jobs disaster. foster care instead of rewarding success including Partners for Our Children, I find it appalling that, on the one and innovation that helped transition the Children’s Home Society of Wash- hand, we see strong support on the children out of the foster care system ington, and the various social workers other side of the aisle to rebuild homes and back with their families. and advocates who, in our State, con- and businesses and roads and schools in Let me tell you what has happened in tinue to try to innovate when it comes Iraq and Afghanistan. We are not say- Washington State. We have been imple- to foster care in America. ing there, well, gosh, we need to take menting innovative programs to im- This legislation is a major step for- away an effort to fund jobs or edu- prove foster care for many years now. ward to promote innovation on a Fed- cation here at home to be able to fund When Washington State noticed a dis- eral basis and to help keep families to- what we are doing in Iraq and Afghani- proportionate number of Native-Amer- gether. In doing so, we will have the stan. But when it comes to helping peo- ican children being placed in foster benefit of also driving more efficiency ple in America, somehow we can’t work care, our advocates took action and and driving down the cost. But, more together and get that done without implemented the Washington Indian importantly, we are going to be work- having to pit one State which has a Child Welfare Act in developing strate- ing to strengthen America’s children jobs crisis against another State which gies for strengthening tribal relation- and families by trying effectively to has a flood or a hurricane or a drought. ships and promoting the best interests keep them together. I don’t find that to be very American. of Native-American children. I thank the President, and I yield the I think it is time to stop playing pol- When Washington State noticed in floor. itics. When hundreds of thousands of general how long children were staying The PRESIDING OFFICER. The Sen- families and businesses have been dev- in foster care, advocates took action, ator from Michigan. astated by unprecedented strings of this time implementing policies to help f floods, tornadoes, hurricanes, wildfires, reduce the length of stay for children and other natural disasters, we ought in out-of-home care. As a result, the AMERICAN JOBS to be stepping up, doing what we did in median length of stay for children in Ms. STABENOW. Mr. President, I the Senate and passing a bipartisan bill out-of-home care declined almost 100 want to speak for a few moments about to help those families, those busi- days between 2009 and 2011. In addition, what has been happening all week here nesses, those farms, without playing

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5925 politics and trying to hurt other States would be idle, empty, an eyesore, and cause of our efforts, from producing 2 that have been hit by other kinds of be able to bring those back with new percent of the world’s batteries, we are economic disasters. technologies that are going to get us on our way to producing 40 percent, We have 14 million people out of off of foreign oil and are creating jobs— having the capacity to manufacture work in this country, and that doesn’t 41,000 jobs so far. and create 40 percent of the world’s count people working part time two The real insult to me, as I look at batteries within the next 3 years. Why? jobs, three jobs, or trying to piece it all what is happening to people in my Because we have been working to- together in some way. We know it is State and across the country, is that gether in partnerships with industry, much higher than that when you count they are poised to be giving out up to which is what our industry is com- those individuals and families. For 11 additional loans to partner with peting against around the world. each and every one of them, their job business in the next couple of months The U.S. Chamber of Commerce said: search is an emergency. It is an emer- that will create somewhere between ‘‘The ATVM loan program . . . pro- gency every time they think about how 40,000 and 50,000 new jobs, saving or cre- motes manufacturing in the U.S. and is to put food on the table for their fam- ating new jobs in the next few weeks. an important component of America’s ily. It is an emergency every month And right when this is about to happen, energy security.’’ when they have to scrape together the the House Republicans are saying: Oh, We all want to get off foreign oil. We money they need for rent or to pay the no, in order to help the folks in Joplin, do not want to be buying oil from folks mortgage. It is an emergency every MO, who are wiped out as a commu- we do not like and they don’t like us time these men and women are filling nity, we want to make sure we are not and we can’t trust them. We have an out applications, every day going to creating jobs in Michigan; that we are opportunity, through the efforts we are job fairs, going on the Internet, trying not creating jobs in Indiana, Ohio, Illi- focused on around alternative vehicles to fill out forms, getting in lines, to nois, Florida, Louisiana, California, and battery initiatives, to get off for- find the best way to be able to get back Minnesota, wherever it is; that some- eign oil. This makes absolutely no sense to to work. It is an emergency. how we have to pit Americans against me. We have multiple other letters— So, to me, it is outrageous that the each other. That is not the America I the Alliance for Automobile Manufac- House of Representatives—the Repub- know and love. licans in the House—has included a job- In Michigan we don’t have a weather turers, the Blue/Green Alliance—we killing offset to what is an important emergency. But we stand with every have others who have come back and disaster assistance bill, to pull the rug single State on this floor, every single shared that as well. We are at a moment when we know out from businesses across the country Member who has had one. We stand as we need to pass a continuing resolution and put up to 50,000 American jobs at Americans together to support people on the regular budget. We have a new risk. across this country. But we say, Stop, Let me tell you about what this par- process for a supercommittee to look when that means that somehow an ef- at how we take on and tackle the ticular program is. I am proud to have fort to make things in America, manu- issues around our national debt and championed this and initiated it in the facturing, the backbone of our econ- economic growth. During the process Energy bill back in 2007, a bipartisan omy, is somehow attacked one more that set that up, there was an agree- bill signed by President Bush. It was time and partnerships taken away in ment on the budget numbers. We have slow to get going initially to get the order to make that happen. the ability to pass that now. We have funding. I am proud that President It makes absolutely no sense. That is passed a bill to help our citizens across Obama embraced it and moved forward what this debate is about. I wish to the country who have had weather dis- to be able to put in place an alter- share some comments because we re- asters, natural disasters. We came to- native vehicle manufacturing loan pro- ceived a lot of support. I wish to share gether in the Senate to do that. The gram to help retool plants in America a couple comments, if I might, on the House has that. so we wouldn’t be losing the production floor. There is one thing standing in the of new, small plug-in electric vehicles The National Association of Manu- way: whether at this time we are going and other new technology vehicles to facturers has sent a letter opposing the to say to people in Michigan and in other countries. It is a loan program to defunding of this particular partner- other States where the economic dis- retool plants in America, and it is ship and they say: ‘‘Defunding the Ad- aster has been overwhelming that we working. vanced Technology Vehicle Manufac- are going to pit their need for jobs In Michigan, these retooling loans turing Loan Program will hurt manu- against somebody else’s need to have made it possible for Ford Motor Com- facturers and their employees.’’ their home or their street or their pany to save 1,900 jobs at their Michi- Everybody is spending a whole lot of school rebuilt. gan assembly plant in Wayne, MI, so time talking about jobs around here. That is not who we are in America. I they could build the all-new Ford Unbelievably, we are talking about do not believe Americans support that Focus electric and the battery-electric defunding this program in the middle strategy. I think it is outrageous that Focus in America. In the process of of talking about jobs, how we need to there is a proposal that passed. I thank that, between the retooling loans and create jobs, how we need to support my House Democratic colleagues and our partnership with industry to invest employers, and how we can compete my House colleagues in Michigan and in advanced battery technology, we are internationally with countries such as the Democratic leadership in the House now bringing jobs back from Mexico. China that say: Come on over. We will for waging a fierce battle to protect How many times have I heard col- build the plant for you. Forget a loan those jobs. leagues on the floor talking about how you are going to pay back with inter- This is about making products in we want to make sure we are exporting est; we will just build it for you. Come America. It is about rejuvenating an products, not jobs, and that we want to on over, and, by the way, we will steal advanced manufacturing sector that is bring jobs back? What the House Re- your patents and manipulate our cur- critical. We are not going to have a publicans have done is to cut in half an rency and make sure you get the middle class if we do not make prod- initiative with the private sector that toughest deal possible to compete with ucts in America. We are not going to is actually bringing jobs back from us. But that is what they do. have a middle class. This particular other countries. So far, 41,000 jobs have So we put together something to say partnership, which is nothing more been saved or created through this ef- we are going to partner with the pri- than a loan, repaid with interest, but it fort around the country. Obviously, I vate sector to be able to keep the jobs is support for our communities to re- care deeply about Michigan and have in America and it is actually working. build—rebuild not in Afghanistan, not fought for this, but we are talking Jobs are coming back. We are rebuild- in Iraq but in America; rebuild commu- about Indiana, Illinois; we are talking ing communities. We are rebuilding nities and create jobs. It is working. It about Florida and Louisiana and Cali- plants. We are helping to get off for- is beginning to bring jobs back. It is fornia, and all across our country eign oil because we are focused on new outrageous that they have decided to where we are seeing communities have electric vehicles and an advanced bat- take half the funding for this partner- the opportunity to retool plants that tery technology industry where, be- ship away.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5926 CONGRESSIONAL RECORD — SENATE September 23, 2011 I wish to support our effort to send them to the Secretary. Anyone can get or amazingly— over the continuing resolution on the copies of them. I did this morning and my press assistant. budget we need. I thank my caucus and I have them. They are private letters Normally, when I write these letters, our leadership for standing firm and to the Secretary, asking for this pro- I say if I can be of further assistance, standing up for American jobs. That is gram to loan money to a public-private please contact me and my energy as- what we care about. That is what we partnership to create jobs in their dis- sistant. The energy leg person usually have been fighting for. Along the way, trict. Then they go home and they talk handles this. But in this case he said we are going to make sure we are doing about their efforts to create jobs and we should call his press secretary. I everything we can to help citizens who they come back to Washington and try guess the press secretary could go back have been so devastated by the natural to gut the program under the guise to his district and claim he is doing a disasters across the country. that they need the money to help dis- great job creating programs in Cali- I suggest the absence of quorum. aster victims. That is what this debate fornia. The PRESIDING OFFICER. The is about. That is why the Democrats Maybe the press actually writes that clerk will call the roll. are not—at least at this point, and I DARRYL ISSA, Republican leader, is pro- The bill clerk proceeded to call the hope over the weekend and through moting manufacturing in California. roll. next week—going to give in to that This is what he says in his district, and Ms. LANDRIEU. Mr. President, I ask nonsense and hypocrisy. this is the letter he sends to the Sec- unanimous consent the order for the I hope the President and the White retary. However, when he was on the quorum call be rescinded. House will fight hard, along with the floor of the House last night, he voted The PRESIDING OFFICER. Without Democrats. I hope some of the Repub- to gut this program. That is what this objection, it is so ordered. licans who have signed these letters debate is about. I am looking forward Ms. LANDRIEU. Mr. President, I will think twice when this vote comes to having it. come to the floor and will spend the up again. I hope the press is reading The next letter I am going to read— next 15 minutes or so, maybe even these letters and asking these Repub- and I am going to do this all week, so longer, to support the arguments made licans, whose signatures are on these I hope the press gets ready to ask these just recently, and I might say elo- letters, one question: How is it possible Republican leaders how they could pos- quently and passionately, by the Sen- that they sent a letter to the Secretary sibly have the gall to hold press oppor- ator from Michigan, who was one of the asking for a loan to support job cre- tunities in their districts promising key architects of this very successful ation in their district and then, at the people they are helping them create job creation program that the Repub- same time, stand on the Senate floor jobs and then come back to Wash- lican House leadership is trying to kill. and vote to gut the same program and ington and cut the rug out from under- That is, in large measure, what this de- then go back home and claim they are neath their feet with the bogus excuse bate this weekend and through next helping to create jobs in America? that they have to come up with $1 bil- week is about. That is why almost I am going to start with the first let- lion, when the real need is only $175 unanimously Democrats in the Senate ter, which is the most interesting to million. I checked with Craig Fugate, a are supporting our Democratic caucus me. It is from Dr. DARRELL ISSA. He is very good friend of mine. I am the in the House as we try to bring this de- a Member of Congress. He actually chair of his committee. I talk to him bate forward so the American people chairs an oversight committee. I think all the time. When the real need for can understand at this time and hope- his district is in California. He is a Re- FEMA in 2011 is $175 million, but under fully give their voice of support for publican from California. He is a very the guise of having to provide $1 bil- what we are trying to do—keep govern- powerful Member of the House. I am lion, they want to gut this program ment operating and keep jobs being going to read his whole letter. that is creating jobs, and they them- created in this country. I write to express my support for Aptera selves have asked for these loans to be It is a struggle. We know we are not Motors’ application for a loan under the De- made in their district. creating as many as we would like. But partment of Energy’s 136 Advanced Tech- This is the next letter signed by sev- one of the programs that is creating nology Vehicles Manufacturing Incentive eral Members, and I am going to sub- thousands of jobs and has broad sup- Program. Otherwise known as the ATVMIP. mit their names for the RECORD. There port in America—and I am going to The program he voted last night to are several Republicans. I am sorry, read the groups supporting it in just a eliminate. The same one. but from this letter I am not able to minute. For some reason, the Repub- Funding will allow Aptera to establish U.S. determine which ones are Republicans lican leader in the House, ERIC CANTOR, manufacturing facilities for the commercial and which ones are Democrats. decided last week—even as the winds production of its plug-in and hybrid electric I ask unanimous consent that theses were affecting his district and Hurri- cars. Aptera Motors plans to purchase and letters be printed in the RECORD at the cane Irene was challenging the east equip manufacturing facilities to begin com- conclusion of my remarks. coast, a portion of the country he rep- mercial-scale production of its energy elec- The PRESIDING OFFICER. Without tric vehicles. Awarding this opportunity to resents—he decided we needed to find objection, it is so ordered. an offset so we could send money to his Aptera Motors will greatly assist a leading developer of electric vehicles in my district. (See exhibit 1) district and to other districts across Electric vehicle initiatives, like Aptera’s, Ms. LANDRIEU. Thank you. This is the country and picked this program. will aid U.S. long-term energy goals by shift- to Secretary Chu. They couldn’t have picked a worse ing away from fossil fuels and using viable The State of California has traditionally one because this program is actually renewable energy sources like plug-in elec- assumed a leading role in fighting global working. It has already demonstrated tric energy. Additionally, Aptera’s vehicles warming and working to eliminate our de- it has revitalized communities. will reduce dependence on foreign oil and en- pendence on foreign sources of oil. We want In addition, it is a program that cre- hance energy security. Aptera’s project will to commend you for also taking effective ated jobs, so several dozen Republican also promote domestic job creation through steps towards achieving these goals. As part California as well as in other States. House Members have sent private let- of this effort, the Department of Energy’s Unlike many other electric vehicles, Electric Drive and Vehicle Battery and Com- ters to the Secretary of Energy asking Aptera’s energy efficient electric vehicles ponent Manufacturing Initiative is currently for the money to go back to their dis- have a range of over 100 miles per charge and reviewing submissions for the construction tricts, but publicly they want to gut the possibility to become one of the most en- of new lithium ion battery facilities in the the program. Democrats have decided ergy efficient vehicles in the world. A loan to United States. This initiative is a huge step to bring this to the attention of the Aptera will help accelerate the move from forward in our efforts to improve our envi- American public. I have those letters, gasoline-powered vehicles to cleaner electric ronment, eliminate our dependence on for- and I am going to submit them for the vehicles. eign sources of oil, and create a modern I urge you to give Aptera’s Advanced Tech- green-collar workforce here in the United RECORD. nology Vehicles Manufacturing Incentive States. How is it that dozens of Republican Program funding application full consider- Quallion, an innovative American com- leaders wrote private letters—which ation. pany located in California, can be a valuable are a public record—but they do not If I can be of further assistance, please do partner in your efforts because it is ready issue them to the press. They sent not hesitate to contact me— today to directly support President Obama’s

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5927 goal to have one million plug-in hybrid cars one of our No. 1 economic development This is from 2001, so this is a chart on the road by 2015. Quallion is a world lead- projects in the State of Louisiana, and that shows—let’s say the last year. I er in the development of customized lithium what did the Representative do last think it is important for the public to ion batteries for medical, military, aero- night? He voted to gut the program. understand not just today but 10 years. space and vehicle applications. If Quallion is I have dozens of other letters, but I successful in its bid for grants through the If we were to chart, which we have Department of Energy’s Electric Drive and am going to pause because I think I done here, a lot of this supplemental Vehicle Battery Component Manufacturing have made my point. I am going to spending, emergency spending and dis- Initiative, it is set to immediately execute read every one of these letters that I aster spending—these are not for just the construction of state-of-the-art manufac- have between now and when this de- natural disasters, these are for emer- turing facilities to produce— bate ends. I just pray the press will do gencies. For example, when we went to Et cetera, et cetera, et cetera. their job and ask the Members who war in Iraq, it was an emergency. When Quallion projects that with this grant voted and sent these letters why did we went to war in Afghanistan, it was funding the proposed facility could be fully they send a letter to the Secretary ask- an emergency. When we had the avian operational by 2011, and could produce more ing for the program and then turn flu, that was an emergency, not a dis- that 20,000 lithium ion batteries each year. around and gut the program when they aster. So this is disasters and emer- This is the killer. came to Washington. gencies. In addition, Quallion projects this funding I would like to ask for 5 minutes Let’s take this red bar here. It says will create more than 2,300 new and long- more. Iraq and Afghanistan, $79 billion. Do term jobs nationwide. The PRESIDING OFFICER. Without my colleagues see this zero here? That This is the program that Representa- objection, it is so ordered. is zero offset. So $79 billion and no off- Ms. LANDRIEU. The other point is tive CANTOR decided to use as an offset set. This one is war money. this: This is not just an issue for one so he could fool the American people This is tsunami money that we actu- State or two States. That is why into believing we need to find an offset ally sent to—remember we had the tsu- Democrats believe strongly about this to offset $1 billion of expenses, when we nami in Indonesia, and we sent some because this is about the whole coun- only have $175 million in expenses. money over there. Did ERIC CANTOR try. The President has declared disas- So they write the letters privately to come to the floor and say we need to ters this year in 48 of the 50 States. the Secretary asking for funding to go offset the money? No. So we sent that Maybe if we just had had disasters in with their districts to create jobs and money, and less than 2 percent of it one or two places and they were not then they come to Washington and was offset. that terrible, we would figure out some they gut the program for no reason. Here is Iraq and Afghanistan, and way. The problem is we have disasters This is another letter, and it is a lit- none of it was offset—$87.6 billion. in all States, and I am going to show tle close to home. This is a letter I So I think disaster victims in his own what these pictures portray because wrote. I was joined by my colleague district and around the country are they are heartwrenching. saying: So why are we now in this de- Senator VITTER, Republican from Lou- This is New Jersey. This is someone’s bate trying to find an offset we really isiana, and my Republican counterpart household belongings. This is a home don’t need for a program that really RODNEY ALEXANDER, who represents that is completely uninhabitable. I am works? That is a good question. If we the district in my State. We sent this not sure how high the water is, but this want to find an offset, we should find letter on December 21. is what a home looks like after a flood. We are writing to reiterate our strong sup- I can visualize what it looked like after another program. The only offset re- port for Next Autoworks Company’s loan ap- Katrina and smell, even more than the quired is $175 million, but that makes plication under the Department of Energy’s vision. too much sense. Advanced Technology Vehicle Manufac- This is what New Jersey looked like So I want the Republican leadership turing Program and inquire about the status to know they are risking a very impor- of the application. a couple weeks ago. This water has gone down, but this is Bound Brook, tant debate. I don’t believe we should Next Autoworks resubmitted a revised ap- even talk about shutting the govern- plication in May 2010 that was almost imme- NJ. We do not know much about this diately declared substantially complete and town. We hear about Trenton. We hear ment down. People are tired of that. expeditiously reviewed for technical and fi- about New York. I have never been to We just went through a challenge to nancial merit. We appreciate the Depart- Bound Brook, NJ, but I am sure it is a the whole economy with the debt ceil- ment’s work to move the application lovely place and it needs our help. ing limit. Enough is enough. Demo- through several critical stage-gates over the So what does Representative CANTOR crats should not, in my view, cave on past several months. do? He comes to Washington, he looks this point. We should fight and get Next Autoworks has the ability to trans- them to compromise which is reason- form communities in Louisiana by bringing at places such as this, and he decides critical economic growth in jobs to our state out of the blue sky that he is now able. and region. As you know, the company plans going to assert his power by demanding In addition to these arguments, I will to re-equip a former Guide Corp Plant in an offset for disaster funding when it is put up a chart that is hard to look at, Monroe, LA, that was shuttered in 2006 and not necessary. The offset is way more but I think for the gulf coast Repub- establish a production facility that would than what is required. Again, it is an licans and Republican Senators, it is a bring approximately 1,400 direct jobs and an offset that is creating jobs in America. very important chart. additional 1,800 indirect jobs to Northeast I wish to say something else about One of the dangers of requiring an Louisiana. In addition, the project will cre- the danger of requiring offsets and re- offset is, No. 1, like right now, it is vir- ate thousands of jobs at supply facilities tually impossible to get 535 Members to across the U.S. The State of Louisiana and spond directly to what minority leader local communities have already dem- MITCH MCCONNELL said earlier today. I all agree on an offset. So what happens onstrated their commitment by offering this think he said something akin to the is, if we demand to have one, we keep company $82 million in grants, $128 million reason we want to require offsets is be- the victims waiting while we debate. It in employee training services, and an esti- cause we have to stop doing things the also doesn’t help to choose an offset mated $33.8 million in tax abatements to same way around here, and just be- that is very popular on one side. There support the project. cause we have never required them in might be a program that we could over This is how strongly our Republican the past, that is no reason to not re- the next couple of months decide is un- Governor and Republican legislature in quire them now. I understand that. I necessary, but we can’t do that within Louisiana feel about this project, that am kind of a person who likes to do a few days of the disaster. It takes we have put up State and local money things differently. I like to change time. They should know that. to see if we could attract this loan things. Let me explain what this is for the from the Federal Government to get I wish to remind the leader that not gulf coast Senators. I had this done this going. one Republican, to my mind, either in after Katrina just to show the vulnera- It is signed by my colleague Senator the Senate or the House, ever asked for bility of the gulf coast. All of these red VITTER and signed by my friend and 5 minutes to debate $1 to offset war or lines that look like spaghetti and then colleague Representative ALEXANDER, rebuilding in Iraq and Afghanistan. I these bigger lines—the blue and the who represents this district. This is wish to put up this chart. yellow and the orange—these are all

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5928 CONGRESSIONAL RECORD — SENATE September 23, 2011 hurricanes that have actually hit the until I go to Washington and find an So I have given any number of rea- United States between 1851 and 2008. It offset. sons why this is an important debate to is a very frightening chart. Maybe it will get so ridiculous—and I have. There is no guarantee Democrats One of the reasons I think Senator am going to call this the Cantor doc- will win, but every now and then it is RUBIO from Florida is voting with us is trine—maybe it will get so ridiculous a good thing to stand up for principle, because he has seen a picture of this that ERIC CANTOR will tell all the peo- and I believe this is a principle worth chart. That is how many hurricanes ple in America—there was a cartoon in standing up for and worth fighting for. have hit Florida since 1851. He is most the newspapers about this. I am having I hope the press does their job over certainly aware from his State that if it blown up because it is really sad, but the next several days and asks these he takes the position that we have to it is actually funny. There is a woman Republicans: How in the world can you require an offset to fund disasters, his sitting on top of her roof because her send a private letter asking for funding job as a Senator will be very, very dif- house is completely flooded. She has a and then come back to Washington and ficult, even more challenging than it is phone, and she calls FEMA and FEMA gut the same program? And if the press today, because the next time a hurri- says: We can’t rescue you right now. does their job and if the people in our cane hits Florida, he is going to have We are looking for an offset. country will ask those same questions, So maybe the new Cantor Republican to go sit down with the budget folks maybe a few of these Republican lead- model of ‘‘pick yourself up by your and find out—before he can offer his ers will compromise the way they bootstraps and swim away on your people the $2,000 in emergency aid, the should. Either give up the offset or own’’ will actually really be put into $30,000 that helps them, the loans come up with a different one. Come up practice because I think that is what through the Small Business Com- with another one that is much less they want because before that woman mittee, the loans to get their busi- harmful. can be rescued, before the debris can be nesses back—he is going to have to Let me end with this. We have three removed, that woman is going to have come up here and negotiate to find an letters that I will submit for the to sit down at the table with her hus- offset. RECORD. If people can’t take my word band and kids in a broken-down house Last night, I watched the debate on for any of this, they can listen to the the House side. I thought our Demo- or trailer and suggest some offsets to send to their Congressman before we chamber of commerce. What did the cratic colleagues did a beautiful job, can send them help. That is not right. chamber of commerce say? I will sub- and I wish to thank them for the beau- That is what this debate is about. mit their letter. This is the wrong tiful way they spoke. I didn’t see one Now, do we eventually have to pay thing to do, the chamber says. Don’t Republican come to the floor. They had for these disasters? Absolutely. eliminate this program. It is creating just one of their leaders talking last The Wall Street Journal editorialized jobs in America. So the Republicans, I night when the vote happened. Maybe against me the other day, so let me an- know, don’t really like to listen to they are a little embarrassed, and they swer them. They said: There goes Sen- what I say a lot, but they should listen should be because I am going to read ator LANDRIEU; she doesn’t think she to the chamber of commerce. the letters they sent. has to pay for anything. That is not The National Manufacturing Associa- Also, the gulf coast Republicans I true. I believe right now we are paying tion—a very conservative group—sent think really have to think about this for the war in Iraq, and it is very tough the Republicans a letter saying: Bad because these storms, as we can see— to pay for that. We are finding a way in deal. Don’t do it. They did it anyway. my State and the people I represent are the supercommittee. But we didn’t I just got a letter from the U.S. Con- in Hurricane Alley. This is Hurricane have to find an offset before we could ference of Mayors. All of the mayors in Rita, the blue, which is one of the most let our troops march in. We didn’t have the country, Republicans and Demo- devastating storms. That is why it is a them standing on the border, saying: crats, sent a letter to the House saying: thicker line. Hurricane Gustav is the Stand right here. Hold your fire. ERIC Don’t do this. And they did it anyway. orange, Hurricane Ike is the dark pink, CANTOR is working on an offset for you. So the only people more powerful and and Hurricane Katrina is the yellow. We sent the troops in, we let the bomb- the only group more powerful than the All of these storms hit us and wrecked ers go, and we will figure out how to chamber, than NAM, than the mayors, the gulf coast. pay for it later. are the people themselves. So I hope Let me say what happened after that. So I am telling the Republicans in this weekend the people will say to Haley Barbour, the Governor of Mis- the House that they better think very their representatives: Don’t cut out a sissippi, who is still the Governor of carefully about this vote. Senator REID program that is creating jobs. Don’t re- Mississippi, came up here when George has sent a very good compromise. He quire disaster victims to have an off- Bush was the President and got $4.6 bil- said: We will give up our number, we set. Let’s keep the government oper- lion without one penny of offset, and will take your number on FEMA, but ating, and let’s find a way to pay for he got that within 60 days of the storm. we are not going to take this offset. this over time together and get this I am going to repeat that. Governor Now, I still think and I want to say deficit under control. Haley Barbour, who is still the Gov- for the record, as the chairman of this I am willing to do that. As the chair ernor of Mississippi, came to Wash- committee, that 3.65 is not going to be of this committee, I promise them we ington, met with the President, and enough to get us through all of next can do better budgeting in the future. left with $4.6 billion to rebuild Mis- year, but it will get us through the Nobody did it really great in the past. sissippi. The Congress gave Louisiana next couple of weeks and months—not I am willing to do that. I am willing to $5.4 billion, for which I was very grate- months, maybe weeks. The government work with them in any way. But let’s ful. However, we had 70 percent of the won’t shut down, and FEMA will have not go down this dangerous and inap- damage but only got 55 percent of the money to operate, as the leader said. It propriate road. money, so we were shortchanged. I had is not ideal. It is not what is in our EXHIBIT 1 to work for years. I finally got that bill, which is the best, which is a $6.5 CONGRESS OF THE UNITED STATES, billion level, which is funding not just squared away. HOUSE OF REPRESENTATIVES, But this is why gulf coast Repub- FEMA, but it will fund the Corps of En- Washington, DC, January 14, 2009. licans and Republican Senators from gineers, community development, agri- Hon. STEVEN CHU, the gulf coast should think not twice culture. What the House is doing only Secretary of Energy, U.S. Department of En- but three times before they vote to re- funds FEMA. It doesn’t give any money ergy, Washington, DC. quire an offset. to the poor. It doesn’t give any money DEAR MR. SECRETARY: I write to express I am just saying I am not going to to community development. It doesn’t my support of Aptera Motors’ application for forget this vote, because I chair this give any money to the farmers. So if a loan under the Department of Energy’s 136 committee, and if my colleagues vote you are sitting out there looking at Advanced Technology Vehicles Manufac- turing Incentive Program (ATVMIP). Fund- to require an offset and another storm your farm with your crops ruined, ing will allow Aptera to establish U.S. manu- hits their State, then the responsi- please don’t think the House of Rep- facturing facilities for the commercial pro- bility is on their shoulders to tell their resentatives is doing one thing to help duction of its plug-in and hybrid electric people: I am sorry, I can’t help you you because they are not. cars. Aptera Motors plans to purchase and

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5929 equip manufacturing facilities to begin com- are ready to compete in the manufacturing site and help mitigate our state’s continued mercial-scale production of its energy effi- of green technologies, in this case the lith- high unemployment rate. Moreover, contin- cient electric vehicles. Awarding this oppor- ium ion battery manufacturing space. ued delay in the financing for the project tunity to Aptera Motors will greatly assist a The lithium ion batteries manufactured in will also negatively impact the vehicle’s leading developer of electric vehicles in my Quallion’s new facility will have the poten- launch timing and this Administration’s district. tial to deliver real and immediate environ- goals for fuel economy. DOE’s own environ- Electric vehicle initiatives like Aptera’s mental solutions, while also creating new mental assessment of this project, issued in will aid U.S. long-term energy goals by shift- jobs at a time when Americans need them October 2010, states that Next Autoworks’ ing away from fossil fuels and using viable the most. The Environmental Protection vehicle will have a significant positive im- renewable energy sources like plug-in elec- Agency estimates that truck idling results pact on fleet fuel economy and the environ- tric energy. Additionally, Aptera’s vehicles in the emission of 11 million tons of CO2 and ment by providing a high quality, affordable will reduce dependence on foreign oil and en- the consumption of 960 million gallons of ‘‘green’’ car to the American market. hance energy security. Aptera’s project will diesel fuel annually. Quallion’s new facility We strongly urge you to continue to expe- also promote domestic job creation through- will produce zero emission advanced lithium dite Next Autoworks’ application. We would out California as well as in other states. ion batteries designed to replace engine request an update on the status of the appli- Unlike many other electric vehicles, idling as a power source for stationary cation and expected timeframe for moving Aptera’s energy efficient vehicles have a trucks. Quallion will deliver an immediate forward before the end of the year. range of over 100 miles per charge and the clean energy solution that enables the 1 mil- Sincerely, possibility to become one of the most energy lion heavy trucks on our roads to comply MARY LANDRIEU, efficient vehicles in the world. A loan to with the growing number of anti-idling laws U.S. Senator. Aptera will help accelerate the move from across the U.S., eliminate unnecessary pollu- DAVID VITTER, gasoline-powered vehicles to cleaner electric tion, and significantly reduce America’s con- U.S. Senator. vehicles. sumption of fossil fuels. RODNEY ALEXANDER, I urge you to give Aptera Motors’ Ad- We believe that the Department of Ener- Member of Congress. vanced Technology Vehicles Manufacturing gy’s Electric Drive and Vehicle Battery and Component Manufacturing Initiative can Ms. LANDRIEU. I yield the floor. Incentive Program funding application full Mr. NELSON of Florida. Mr. Presi- consideration. If I can be of further assist- and will play a large role in helping us ance, please do not hesitate to contact me or achieve our goals. We are also confident that dent, first of all, I ask unanimous con- my Press Assistant, Justin LoFranco at (202) Quallion is a perfect partner in our objec- sent that I be permitted to speak for no 225–3906. tives and will advance projects that are vital more than 5 minutes and that the Sen- Respectfully, to our energy policy and national security. ator from West Virginia follow my DARRELL ISSA, Thank you for the leadership you have pro- presentation. Member of Congress. vided the Department and our country as we embark on an exciting era in our nation’s The PRESIDING OFFICER. Without stewardship of the environment and as we objection, it is so ordered. CONGRESS OF THE UNITED STATES, Mr. NELSON of Florida. Mr. Presi- HOUSE OF REPRESENTATIVES, move towards our shared goal of energy inde- Washington, DC. pendence. dent, first of all, I want to thank the Re Quallion application for Department of Sincerely, Senator from Louisiana. I also want to Energy’s Electric Drive and Vehicle Bat- Brad Sherman, Dana Rohrabacher, Lynn point out, look at all those red lines. tery and Component Manufacturing Ini- C. Woolsey, Howard L. Berman, Lois Those are the paths of hurricanes. tiative grant. Capps, Brian P. Bilbray, Diane E. Wat- Where do you think most of them were son, Gary G. Miller, Jim Costa, Kevin Secretary STEVEN CHU, McCarthy, Howard P. ‘‘Buck’’ McKeon, going between 1851 and 2008? And why U.S. Department of Energy, Independence Ave., Ken Calvert, Duncan Hunter, Darrell E. are folks like us on the gulf coast and SW, Washington, DC. Issa, David Dreier, Jerry McNerney, the Atlantic coast so sensitive about DEAR SECRETARY CHU: The State of Cali- Adam B. Schiff. disaster money? It is because we have fornia has traditionally assumed a leading been hit over and over. role in fighting global warming and working CONGRESS OF THE UNITED STATES, Our lands we call paradise. But they to eliminate our dependence on foreign Washington, DC, December 21, 2010. sources of oil. We want to commend you for happen to be, as the Senator from Lou- Hon. STEVEN CHU, isiana said, in the middle of ‘‘hurricane also taking effective steps towards achieving U.S. Department of Energy, these goals. As part of this effort, the De- Washington, DC. highway.’’ It is a part of our lifestyle. partment of Energy’s Electric Drive and Ve- DEAR SECRETARY CHU: We are writing to When I was a kid, it was an excuse to hicle Battery and Component Manufacturing reiterate our strong support for Next get out of school. When I was a bach- Initiative is currently reviewing submissions Autoworks Company’s loan application elor, it was an excuse to have a party. for the construction of new lithium ion bat- under the Department of Energy’s Advanced But now that I have the privilege of tery facilities in the United States. The Ini- Technology Vehicle Manufacturing (ATVM) tiative is a huge step forward in our efforts representing one of those very large program and inquire about the status of the gulf coast States and Atlantic coast to improve our environment, eliminate our application. dependence on foreign sources of oil and cre- Next Autoworks resubmitted a revised States, it is absolute, utter destruc- ate a modern ‘‘green collar’’ workforce here ATVM application in May 2010 that was al- tion. in the United States. most immediately declared substantially When Hurricane Andrew hit Miami, Quallion, an innovative American com- complete and expeditiously reviewed for had it turned one degree to the north, pany located in California, can be a valuable technical and financial merit. We appreciate and instead drawn a bead on the Dade- partner in your efforts because it is ready the Department’s work to move the applica- Broward line in north Miami, it would today to directly support President Obama’s tion through several critical stage-gates over have been a $50 billion insurance loss goal to have one million plug-in hybrid cars the past several months. on the road by 2015. Quallion is a world lead- Next Autoworks has the ability to trans- storm in 1992 dollars. That would have er in the development of customized lithium form communities in Louisiana by bringing been upward of $80 billion today. It ion batteries for medical, military, aero- critical economic growth and jobs to our would have taken down every insur- space and vehicle applications. If Quallion is state and region. As you know, the company ance company that was doing business successful in its bid for grants through the plans to re-equip a former Guide Corp plant in the path of that storm. This is the Department of Energy’s Electric Drive and in Monroe, LA that was shuttered in 2006 and destructive power. Do our people need Vehicle Battery and Component Manufac- establish a production facility that would help? Of course they need help. turing Initiative, it is set to immediately bring approximately 1,400 direct jobs and an execute the construction of a state-of-the-art additional 1,800 indirect jobs to Northeast f manufacturing facility to produce advanced Louisiana. In addition, the project will cre- BOB LEVINSON lithium ion cells, modules and battery tech- ate thousands of jobs at supplier facilities nology in volumes that will meet America’s across the U.S. The State of Louisiana and Mr. NELSON of Florida. Mr. Presi- current and future military and commercial local communities have already dem- dent, I came to speak on a different needs. Quallion projects that with this grant onstrated their commitment to the project subject. A retired FBI agent named funding the proposed facility could be fully by offering the company $82 million in Bob Levinson, over 4 years ago, dis- operational by 2012, and could produce more grants, $12.8 in employee training services, appeared when he checked out of his than 20,000 lithium ion batteries each year. and an estimated $33.8 million in tax abate- hotel in the Iranian tourist attraction In addition, Quallion projects that this ments to support the project. funding will create more than 2,300 new and Every day that Next Autoworks’ applica- of Kish Island in the Persian Gulf. He long-term jobs nationwide. It will also signal tion is delayed is another day that workers disappeared. It is only recently that his America’s seriousness to the world that we cannot be hired to begin work at the Monroe family—and he leaves behind a family

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5930 CONGRESSIONAL RECORD — SENATE September 23, 2011 of a wife and seven children—only re- and their financial house in order. some good stuff in there. I have long cently have they had the belief that he They worry about finding or keeping a said our tax system needs to be more is alive. job. They worry about how they are fair and balanced and that billionaires We have brought this to all levels of going to pay the rent, how they are such as Mr. Buffett should pay their our government. This Senator, who going to take care of their children, fair share. I appreciate the concept of represents the State Christine how they are going to keep clothes on the Buffett rule and look forward to Levinson lives in, went to the Iranian their backs, and how, maybe, they can seeing more details. And I agree that Ambassador at the United Nations buy them a Christmas present. one of the best investments we all years ago trying to intervene. Our Sec- Once again, instead of all of us com- could make is in the infrastructure of retary of State has, in fact, pushed this ing together to do what is right for the this great country. very hard. Nation and lighten their worries, con- But as they stand right now, Presi- Why am I saying all this? Because on gressional Republicans and Democrats dent Obama’s proposals are too skewed the occasion of the release of the alike, and the President, are again to appeal to both sides of the aisle. So hikers by the Iranian Government, for gearing up for a fight about politics, we see what we see happening again. If whatever compassion they have even as our Nation’s fiscal and eco- we are being serious about addressing shown—the government bringing to- nomic picture gets worse every minute. our debt and deficits, neither Repub- gether disparate parties that had their Today, we yet again find ourselves on licans nor Democrats can propose par- own little power centers in Iran—what- the brink, and I cannot begin to ex- tisan proposals and then pretend they ever success they had in bringing that plain why to the American people. This are credible. We cannot do that any together and releasing those hikers summer, they watched us go through longer. The American people deserve back to their loved ones, we pray that this exercise—the Senate, the House, better, and I also know we can do a lot same decisionmaking apparatus in and the President—and then we agreed better. Tehran would now activate the process on spending cuts to keep the govern- In my short time in Congress, I have to bring Bob Levinson home to his wife ment working. Where I come from—the seen only one plan that has earned sup- and seven children. same as the Presiding Officer from the port from Members of both parties. In Mr. President, I yield the floor. great State of Minnesota—your word is fact, the President’s own bipartisan The PRESIDING OFFICER. The Sen- your bond, and an agreement is an deficit commission—the Bowles-Simp- ator from West Virginia. agreement, and it is one that should be son group—is the best example of what Mr. MANCHIN. Mr. President, first of kept. It is one we negotiated. It should can be accomplished if we put politics all, I say to my good friend from Flor- not be changed in midstream. I am aside and do what is right for our Na- ida, I thank him so much for the com- committed to passing a clean CR to tion. While no one, including me, will passion he has. I appreciate very much keep our government working until the agree with everything in the Bowles- him bringing this issue to our light and supercommittee we all are supporting Simpson approach, it at least offered a to the attention of all of us, and maybe comes up with the recommendations to commonsense, bipartisan template we can help. I thank the Senator. reduce the deficit. that would cut spending, restore tax To my good friend, the Senator from In the midst of yet another disagree- fairness, and would help restore fiscal Louisiana, I think what she speaks ment over whether to keep the govern- sanity to our Nation. about is us identifying who we are as ment running, the people of West Vir- To date, it is the only plan that has Americans and the way we have taken ginia and the American people are de- offered a framework that has had bi- care of each other. I do not know of manding we put our partisan dif- partisan support from the beginning, any State that has not had to depend ferences aside and work together in the and still has it now. But instead of this on FEMA for help—and not just the best interests of this country. They are approach, there are many people on States she showed where ‘‘hurricane pleading for us to quit fighting and both sides of the aisle who have chosen alley’’ is and where the tornadoes and worrying about the next election and a path that all but guarantees that Re- hurricanes have hit, but basically all of start worrying about the next genera- publicans and Democrats will continue us have had to depend on FEMA for as- tion. to fight over how to solve our fiscal sistance. So I think what she brings to With our Nation facing a death spiral problems, instead of seeking common light is the fairness we identify with as of debt, now is the time that each of us ground and commonsense solutions. Americans and to do what we have al- should be zeroing in on credible, com- For the sake of our Nation, for our ways done: to take care of each other. monsense solutions that have truly bi- families, we cannot let this happen. We I, for one, have said we need to rebuild partisan support. must act, and we must act together. America; we need to take care of Amer- After carefully reviewing the Presi- icans first. dent’s recommendations to the so- Looking ahead to the vigorous de- bates of the fall, my hope is the deficit f called supercommittee, I believe they fall short of what this country needs to supercommittee will seize the moment FISCAL CHOICES put our fiscal house in order. President and seek common ground to develop a Mr. MANCHIN. Mr. President, I rise Obama’s deficit recommendations not plan that puts our Nation on the right today to speak about the difficult fis- only fall short of his stated $4.4 trillion path to fiscal accountability. Common cal choices we, as Members of Con- goal, but could, according to an anal- sense, to me, is that you would start gress, must soon make and the deficit- ysis done by the Center for Responsible with a plan that already has bipartisan cutting proposals that President Federal Budget, have the perverse ef- support because it will take both sides Obama has recently made. fect of adding as much as $1.9 trillion of the aisle to fix this problem. As we discuss these fiscal choices, to our Nation’s debt. I urge them and the President to and as we face our exploding debts and I am also greatly concerned about re- look beyond partisan politics and do deficits, it is clear our Nation is truly hashing unproductive recommenda- what is right for this country. I con- at a crossroads. A nation that was built tions such as raising tax rates on small tinue to urge the committee to look on the strength of our people’s opti- businesses in a recession and budget past their legal mandate of $1.5 trillion mism must struggle to overcome a loss gimmicks such as the notion that tax- in savings and revenue and, instead, of confidence—a loss of confidence that payers will somehow ‘‘save’’ $1.1 tril- look for reforms that will create much comes from an economy that has strug- lion from not fighting wars in Afghani- broader fairness in our system that gled for far too long, a loss of con- stan and Iraq—and I believe we should will lead to deficit reductions of at fidence that comes from watching debt not be there anyway. least $4 trillion. and deficits explode, a loss of con- I have said this: On my best day, I I, for one, will work with the Senate fidence that comes from watching Re- cannot sell that to the people of West Democrats and Republicans who are publicans and Democrats engage in a Virginia, nor should we try to sell it to committed to develop a commonsense fruitless partisan fight. the American people. debt fix that responsibly reduces spend- The American people worry about That is not to say that the Presi- ing; makes our tax system more fair, how to get their families out of debt dent’s proposal is all bad. There is cuts waste, fraud, and abuse, and

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5931 makes sure we protect critical pro- pressed on the urgent need to return to The Palestinian refugee problem would be grams such as Social Security and negotiations in an op-ed in the New addressed within the frame-work of the 2002 Medicare. York Times. I ask unanimous consent Arab Peace Initiative. The new Palestinian Mr. President, I yield the floor and that this op-ed be printed in the state would become the home of all the Pal- estinian refugees just as the state of Israel is suggest the absence of a quorum. RECORD at the end of my remarks. the homeland of the Jewish people. Israel The PRESIDING OFFICER. The The PRESIDING OFFICER. Without would, however, be prepared to absorb a clerk will call the roll. objection, it is so ordered. small number of refugees on humanitarian The legislative clerk proceeded to (See exhibit 1.) grounds. call the roll. Mr. UDALL of New Mexico. While I Because ensuring Israel’s security is vital Mr. UDALL of New Mexico. Mr. don’t agree with everything the Prime to the implementation of any agreement, the President, I ask unanimous consent Minister wrote, I do believe he was es- Palestinian state would be de-militarized that the order for the quorum call be pecially correct about one point: and it would not form military alliances rescinded. with other nations. Both states would co- I truly believe that a two-state solution is operate to fight terrorism and violence. The PRESIDING OFFICER. Without the only way to ensure a more stable Middle These parameters were never formally re- objection, it is so ordered. East and to grant Israel the security and jected by Mr. Abbas, and they should be put Mr. UDALL of New Mexico. Mr. well-being it desires. As tensions grow, I can- on the table again today. Both Mr. Abbas President, I ask unanimous consent to not but feel that we in the region are on the and Mr. Netanyahu must then make brave speak as in morning business. verge of missing an opportunity—one that and difficult decisions. we cannot afford to miss. The PRESIDING OFFICER. Without We Israelis simply do not have the luxury objection, it is so ordered. He concludes in his piece: of spending more time postponing a solution. Now is the time. There will be no better A further delay will only help extremists on f one. I hope that Mr. Netanyahu and Mr. both sides who seek to sabotage any prospect ISRAEL AND THE PALESTINIAN Abbas will meet the challenge. of a peaceful, negotiated two-state solution. PEOPLE I also hope that today both parties Moreover, the Arab Spring has changed the Middle East, and unpredictable develop- Mr. UDALL of New Mexico. Mr. sit down in New York and avoid the ments in the region, such as the recent at- President, this week President Obama disruption that will be caused by a vote tack on Israel’s embassy in Cairo, could eas- stood beside Israel and the cause of in the United Nations. ily explode into wide-spread chaos. It is peace when he addressed the United EXHIBIT 1 therefore in Israel’s strategic interest to ce- Nations General Assembly. I rise today PEACE NOW, OR NEVER ment existing peace agreements with its neighbors, Egypt and Jordan. to also stand beside our ally and friend, (By Ehud Olmert) In addition, Israel must make every effort Israel, and the goal of its two-state so- JERUSALEM.—As the United Nations Gen- to defuse tensions with Turkey as soon as lution. I firmly believe that only a two- eral Assembly opens this year, I feel uneasy. possible. Turkey is not an enemy of Israel. I state solution can lead to a lasting An unnecessary diplomatic clash between have worked closely with the Turkish prime peace between Israel and the Pales- Israel and the Palestinians is taking shape in minister, Recep Tayyip Erdogan. In spite of tinian people. New York, and it will be harmful to Israel his recent statements and actions, I believe Unfortunately, we are heading down and to the future of the Middle East. that he understands the importance of rela- I know that things could and should have tions with Israel. Mr. Erdogan and Mr. a path that will not lead to a lasting been different. peace. Involvement by the U.N. Gen- Netanyahu must work to end this crisis im- I truly believe that a two-state solution is mediately for the benefit of both countries eral Assembly will not lead to a solu- the only way to ensure a more stable Middle and the stability of the region. tion but will act as a disruptive force. Est and to grant Israel the security and well- In Israel, we are sorry for the loss of life of I urge the parties to use the time in being it desires. As tensions grow, I cannot Turkish citizens in May 2010, when Israel New York to begin a constructive dia- but feel that we in the region are on the confronted a provocative flotilla of ships log toward agreement on final status verge of missing an opportunity—one that bound for Gaza. I am sure that the proper we cannot afford to miss. issues. If peace is to be achievable, way to express these sentiments to the Turk- The Palestinian president, Mahmoud ish government and the Turkish people can then we must break through the cycle Abbas, plans to make a unilateral bid for of failure that has too often plagued be found. recognition of a Palestinian state at the The time for true leadership has come. negotiations. U.N. action will not re- United Nations on Friday. He has the right Leadership is tested not by one’s capacity to solve the issues acting as a roadblock to do so, and the vast majority of countries survive politically but by the ability to to peace. in the General Assembly support his move. make tough decisions in trying times. It is important also to note, as the But this is not the wisest step Mr. Abbas can When I addressed international forums as President stated, that peace will not take. prime minister, the Israeli people expected The Israeli prime minister, Benjamin come until each side ‘‘learns to stand me to present bold political initiatives that Netanyahu, has declared publicly that he be- would bring peace—not arguments outlining in each other’s shoes.’’ Each party lieves in the two-state solution, but he is ex- must realize the other’s aspirations, why achieving peace now is not possible. pending all of his political effort to block Today, such an initiative is more necessary because their futures are intricately Mr. Abbas’s bid for statehood by rallying do- than ever to prove to the world that Israel is intertwined. No action at the United mestic support and appealing to other coun- a peace-seeking country. Nations can remove or change what is tries. This is not the wisest step Mr. The window of opportunity is limited. an essential fact. For Israel, the two- Netanyahu can take. Israel will not always find itself sitting In the worst-case scenario, chaos and vio- state solution will enable its people to across the table from Palestinian leaders lence could erupt, making the possibility of like Mr. Abbas and the prime minister, enjoy a secure and peaceful future. For an agreement even more distant, if not im- the Palestinians, the goal of nation- Salam Fayyad, who object to terrorism and possible. If that happens, peace will defi- want peace. Indeed, future Palestinian lead- hood can only occur through negotia- nitely not be the outcome. ers might abandon the idea of two states and tions with Israel. The parameters of a peace deal are well seek a one-state solution, making reconcili- I believe the President is making a known and they have already been put on ation impossible. good-faith attempt to realize and un- the table. I put them there in September 2008 Now is the time. There will be no better derstand the aspirations of each party, when I presented a far-reaching offer to Mr. one. I hope that Mr. Netanyahu and Mr. Abbas. Abbas will meet the challenge. while standing firm with our friends. According to my offer, the territorial dis- The central reality is this: We will only pute would be solved by establishing a Pales- Mr. UDALL of New Mexico. With recognize a Palestinian state as part of tinian state on territory equivalent in size to that, I suggest the absence of a an agreement that leads to a lasting the pre-1967 West Bank and Gaza Strip with quorum. peace. This is in the best interests of mutually agreed-upon land swaps that take The PRESIDING OFFICER. The Israel, the Palestinian people, the into account the new realities on the ground. clerk will call the roll. United States, and the international The city of Jerusalem would be shared. Its The assistant legislative clerk pro- community. Jewish areas would be the capital of Israel ceeded to call the roll. and its Arab neighborhoods would become There is no time like the present to the Palestinian capital. Neither side would Mr. UDALL of New Mexico. Mr. restart the hard work needed to declare sovereignty over the city’s holy President, I ask unanimous consent achieve a lasting peace. Former Israeli places; they wouldn’t be administered jointly that the order for the quorum call be Prime Minister Ehud Olmert recently with the United States. rescinded.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5932 CONGRESSIONAL RECORD — SENATE September 23, 2011 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without the Army, the Rangers, and the United objection, it is so ordered. objection, it is so ordered. States; Whereas Sergeant First Class Petry has Mr. UDALL of New Mexico. Mr. f President, I ask unanimous consent to consistently demonstrated humility and HONORING THE SERVICE OF SER- dedication to his fellow soldiers; speak as in morning business. GEANT FIRST CLASS LEROY AR- Whereas Sergeant First Class Petry, who The PRESIDING OFFICER. Without THUR PETRY overcame a troubled youth and found the objection, it is so ordered. strength to turn his life around and dedicate f Mr. UDALL of New Mexico. Mr. himself to serving the United States, is an President, I ask unanimous consent example to all people who are struggling in VETERANS HEALTH CARE FACILI- that the Armed Services Committee be the United States; and TIES CAPITAL IMPROVEMENT discharged from further consideration Whereas the brave actions of Sergeant ACT OF 2011 of S. Con. Res. 27 and the Senate pro- First Class Petry, as well as his modesty and Mr. UDALL of New Mexico. Mr. ceed to its consideration. selfless service, stand as the embodiment of the best attributes of the people of the President, I ask unanimous consent The PRESIDING OFFICER. Without United States: Now, therefore, be it that the Senate proceed to consider- objection, it is so ordered. The clerk Resolved by the Senate (the House of Rep- ation of H.R. 2646, which was received will report the concurrent resolution resentatives concurring), That Congress— from the House and is at the desk. by title. (1) honors the service and sacrifice of Ser- The PRESIDING OFFICER. The The assistant legislative clerk read geant First Class Leroy Arthur Petry of the clerk will report the bill by title. as follows: United States Army and his family; and The assistant legislative clerk read A concurrent resolution (S. Con. Res. 27) (2) encourages the people of the United as follows: honoring the service of Sergeant First Class States to recognize the valor, heroism, and Leroy Arthur Petry, a native of Santa Fe, dedication to the United States exhibited by A bill (H.R. 2646) to authorize certain De- Sergeant First Class Petry. partment of Veterans Affairs major medical New Mexico, and the second living recipient facility projects and leases, to extend certain of the Medal of Honor since the Vietnam expiring provisions of law, and to modify cer- War. f tain authorities of the Secretary of Veterans There being no objection, the Senate Affairs, and for other purposes. proceeded to consider the concurrent AUTHORIZING THE USE OF THE There being no objection, the Senate resolution. ROTUNDA proceeded to consider the bill. Mr. UDALL of New Mexico. I ask Mr. UDALL of New Mexico. Mr. Mr. UDALL of New Mexico. I ask unanimous consent that the concur- President, I ask unanimous consent the unanimous consent that the bill be rent resolution be agreed to, the pre- Senate proceed to S. Con. Res. 29, sub- read three times and passed, the mo- amble be agreed to, the motion to re- mitted earlier today. tion to reconsider be laid upon the consider be laid upon the table, with no The PRESIDING OFFICER. The table, with no intervening action or de- intervening action or debate, and any clerk will report. bate, and any statements related to the statements related to the concurrent The assistant legislative clerk read bill be printed in the RECORD. resolution be printed in the RECORD. as follows: The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without A concurrent resolution (S. Con. Res. 29) objection, it is so ordered. objection, it is so ordered. authorizing the use of the rotunda of the The bill (H.R. 2646) was ordered to a The concurrent resolution (S. Con. United States Capitol for an event to present third reading, was read the third time, Res. 27) was agreed to. the Congressional Gold Medal, collectively, and passed. The preamble was agreed to. to Neil A. Armstrong, Edwin E. ‘‘Buzz’’ Aldrin, Jr., Michael Collins, and John Her- f The concurrent resolution, with its preamble, reads as follows: schel Glenn, Jr., in recognition of their sig- nificant contributions to society. SHORT-TERM TANF EXTENSION S. CON. RES. 27 ACT Whereas Sergeant First Class Leroy Ar- There being no objection, the Senate Mr. UDALL of New Mexico. Mr. thur Petry of the United States Army, a na- proceeded to the concurrent resolution. President, I ask unanimous consent tive of Santa Fe, New Mexico, was awarded Mr. UDALL of New Mexico. Mr. that the Senate proceed to the imme- the Medal of Honor by President Obama on President, I ask unanimous consent the diate consideration of H.R. 2943, which July 12, 2011; concurrent resolution be agreed to, the was received from the House. Whereas the Medal of Honor is the highest motion to reconsider be laid upon the honor awarded to members of the Armed table, with no intervening action or de- The PRESIDING OFFICER. The Forces for valor in combat; clerk will report the bill by title. Whereas the official citation awarding the bate, and any statements relating to The assistant legislative clerk read Medal of Honor to Sergeant First Class the matter be placed in the RECORD as as follows: Petry states that then-Staff Sergeant Petry if read. A bill (H.R. 2943) to extend the program of ‘‘distinguished himself by acts of gallantry The PRESIDING OFFICER. Without block grants to States for temporary assist- and intrepidity at the risk of his life above objection, it is so ordered. ance for needy families and related programs and beyond the call of duty in action with an The concurrent resolution (S. Con. through December 31, 2011. armed enemy in the vicinity of Paktya Prov- Res. 29) was agreed to. ince, Afghanistan, on May 26, 2008’’; The concurrent resolution reads as There being no objection, the Senate Whereas Sergeant First Class Petry joins proceeded to consider the bill. an elite group of Medal of Honor recipients follows: Mr. UDALL of New Mexico. Mr. dating back to the Civil War; S. CON. RES. 29 President, I know of no further debate Whereas Sergeant First Class Petry has Resolved by the Senate (the House of Rep- on the bill. continued a long tradition of military serv- resentatives concurring), The PRESIDING OFFICER. The ice to the United States by New Mexicans, SECTION 1. USE OF THE ROTUNDA OF THE clerk will read the title for the third dating back to the defense of the Western UNITED STATES CAPITOL TO time. United States during the Civil War, and fol- PRESENT THE CONGRESSIONAL lowed by participation in every major war GOLD MEDAL. The bill (H.R. 2943) was ordered to a fought by the United States; (a) AUTHORIZATION.—The rotunda of the third reading and was read the third Whereas Sergeant First Class Petry is the United States Capitol is authorized to be time. second living recipient of the Medal of Honor used for an event on November 16, 2011 for The PRESIDING OFFICER. If there since the Vietnam War; the presentation of the Congressional Gold is no further debate, the question is, Whereas Sergeant First Class Petry fought Medal, collectively, to Neil A. Armstrong, Shall the bill pass? with bravery and, despite wounds to both of Edwin E. ‘‘Buzz’’ Aldrin, Jr., Michael Collins, The bill (H.R. 2943) was passed. his legs, had the courage and quick thinking and John Herschel Glenn, Jr., in recognition Mr. UDALL of New Mexico. I ask needed to save the lives of his fellow soldiers of their significant contributions to society. by throwing back an enemy grenade and los- (b) PREPARATIONS.—Physical preparations unanimous consent that the motion to ing his right hand when the grenade deto- for the conduct of the event described in sub- reconsider be laid upon the table and nated shortly after he released it; section (a) shall be carried out in accordance any statements related to the bill be Whereas the actions of Sergeant First with such conditions as may be prescribed by printed in the RECORD. Class Petry represent the highest values of the Architect of the Capitol.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5933 NATIONAL BRAIN ANEURYSM Whereas September is an appropriate Whereas in 2011, the Nunaka Valley Little AWARENESS MONTH month to designate as ‘‘National Brain An- League junior girls softball team won 4 eurysm Awareness Month’’; and games and lost just 2 games en route to a Mr. UDALL of New Mexico. Mr. Whereas various research studies are cur- third place finish in the Junior League Soft- President, I ask unanimous consent the rently being conducted in the United States ball World Series; HELP Committee be discharged from in order to better understand, prevent, and Whereas more than 2,000 teams and 30,000 further consideration of S. Res. 248 and treat brain aneurysms: Now, therefore, be it players compete in Junior League Girls Soft- the Senate proceed to its consider- Resolved, That the Senate— ball each year; ation. (1) supports the goals and ideals of Na- Whereas the Nunaka Valley Little League junior girls softball team finished the 2011 The PRESIDING OFFICER. Without tional Brain Aneurysm Awareness Month; and season ranked third in the world; objection, it is so ordered. (2) continues to support research to pre- Whereas the hard work and dedication of The clerk will report the resolution vent and treat brain aneurysms. the entire Nunaka Valley Little League jun- by title. ior girls softball team and the support of f The assistant legislative clerk read their families led the team to success in 2011; as follows: CONGRATULATING NUNAKA Whereas Little League softball and base- A resolution (S. Res. 248) supporting the VALLEY LITTLE LEAGUE ball has provided a positive athletic experi- goals and ideals of National Brain Aneurysm ence and fostered teamwork and sportsman- Awareness Month. ship to millions of children in the United States and around the world; and There being no objection, the Senate NATIONAL MEDICINE ABUSE Whereas Alaskans everywhere are proud of proceeded to consider the resolution. AWARENESS MONTH the Nunaka Valley Little League junior girls Mr. UDALL of New Mexico. I ask Mr. UDALL of New Mexico. Mr. athletes, Jacynne Augufa, Leilani Blair, unanimous consent the resolution be President, I ask unanimous consent Heather Breslin, Metanoya Fiame, Morgan agreed to, the preamble be agreed to, that the Judiciary Committee be dis- Hill, Julia Merritt, Gabrielle Meyerson, the motions to reconsider be laid upon Taria Page, Hannah Peterson, Sydney charged from the following resolutions Smith, Lauren Syrup, and Nanea Tali, on the the table, with no intervening action en bloc, and the Senate proceed to 2011 softball season: Now, therefore, be it or debate, and any statements relating their consideration en bloc: S. Res. 273 Resolved, That the Senate— to the matter be placed in the RECORD and S. Res. 261. (1) congratulates the athletes, parents, and as if read. The PRESIDING OFFICER. Without coaching staff of the Nunaka Valley Little The PRESIDING OFFICER. Without objection, it is so ordered. The clerk League junior girls softball team on an im- objection, it is so ordered. will report the resolutions by title. pressive 2011 season; and The resolution (S. Res. 248) was The assistant legislative clerk read (2) respectfully requests the Secretary of agreed to. the Senate to transmit an enrolled copy of as follows: this resolution to— The preamble was agreed to. A resolution (S. Res. 273) congratulating (A) the Nunaka Valley Little League Presi- The resolution, with its preamble, the Nunaka Valley Little League junior girls dent, Greg Davis; and reads as follows: softball team on their performance in the (B) the Nunaka Valley Little League jun- S. RES. 248 Junior League Softball World Series. ior girls softball team manager, Richard A resolution (S. Res. 261) designating the Whereas a brain aneurysm is an abnormal Knowles, and coaches Rick Peterson and month of October 2011 as ‘‘National Medicine saccular or fusiform bulging of an artery in Richard Hill. Abuse Awareness Month.’’ the brain; S. RES. 261 Whereas an estimated 1 out of every 50 peo- Mr. UDALL of New Mexico. I ask Whereas over-the-counter and prescription ple in the United States will develop a brain unanimous consent the resolutions be medicines approved by the Food and Drug aneurysm; agreed to, the preambles be agreed to, Administration have been determined to be Whereas brain aneurysms are most likely the motions to reconsider be laid upon safe and effective when used properly; to occur in people between the ages of 35 and the table en bloc, with no intervening Whereas the abuse of such medicines can 60; action or debate, and any related state- be extremely dangerous and produce serious Whereas brain aneurysms are more likely side effects; to occur in women than in men by a 3-to-2 ments be printed in the RECORD as if Whereas according to the Substance Abuse ratio; read. and Mental Health Services Administration’s Whereas brain aneurysms are more likely The PRESIDING OFFICER. Without 2010 National Survey on Drug Use and to occur in African-Americans than in objection, it is so ordered. Health, the nonmedical use of prescription Whites by a 2-to-1 ratio; The resolutions were agreed to. drugs has risen, with 2.5 percent of the popu- Whereas various risk factors can con- The preambles were agreed to. lation engaging in nonmedical use of pre- tribute to the formation of a brain aneu- The resolutions, with their pre- scription drugs in 2008 and 2.8 percent of the rysm, including infection, tumors, traumatic ambles, read as follows: population engaging in such use in 2009; head injury, drug use, smoking, hyper- Whereas the 2010 National Survey on Drug tension, and a family history of brain aneu- S. RES. 273 Use and Health illustrates that the abuse of rysms; Whereas the Nunaka Valley Little League prescription medications such as pain reliev- Whereas approximately 6,000,000 people in junior girls softball team is comprised of ers, tranquilizers, stimulants, and sedatives the United States will develop a brain aneu- young women from Anchorage, Alaska, who is second only to marijuana, the most com- rysm that will not rupture; play softball; monly abused illegal drug in the United Whereas an unruptured brain aneurysm Whereas the Nunaka Valley Little League States; can lead to fatigue, short-term memory junior girls softball team compiled an im- Whereas the 2010 Monitoring the Future problems, speech problems, loss of balance pressive record in the 2011 regular season, survey, funded by the National Institutes of and coordination, and changes in behavior; outscoring opponents 428 to 83; Health, indicates that approximately 5 per- Whereas a brain aneurysm is often discov- Whereas the Nunaka Valley Little League cent of teenagers in the United States report ered when it ruptures and causes a subarach- junior girls softball team was undefeated in having abused an over-the-counter cough noid hemorrhage; the district and State tournaments on the medicine to get high, and prescription and Whereas a subarachnoid hemorrhage can way to winning the Alaska State Champion- over-the-counter drugs account for 8 of the lead to brain damage, hydrocephalus, stroke, ship; 14 most frequently abused drugs by students and death; Whereas the Nunaka Valley Little League in grade 12; Whereas annually more than 30,000 people junior girls softball team was undefeated in Whereas the 2010 Monitoring the Future in the United States suffer from ruptured 4 games and won the West Regional Tour- survey also indicates that the intentional brain aneurysms; nament held in Marana, Arizona; abuse of cough medicine among students in Whereas annually between 3,000 and 4,500 Whereas in August, 2011, the Nunaka Val- grades 8, 10, and 12 is at 3.2 percent, 5.1 per- people in the United States with ruptured ley Little League junior girls softball team cent, and 6.6 percent, respectively; brain aneurysms die before reaching the hos- represented the West Region at the Junior Whereas according to research from The pital; League Softball World Series in Kirkland, Partnership at DrugFree.org, more than one- Whereas a number of advancements have Washington; third of teenagers mistakenly believe that been made in recent years regarding the de- Whereas in 2011, Nunaka Valley Little taking prescription drugs, even if not pre- tection of aneurysms, including the comput- League junior girls softball team manager scribed by a doctor, is much safer than using erized tomography scan, the magnetic reso- Richard Knowles led the team to the Junior street drugs; nance imaging test, and the cerebral arterio- League Softball World Series for the second Whereas the lack of understanding by teen- gram; time in 3 years; agers and parents of the potential harm of

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5934 CONGRESSIONAL RECORD — SENATE September 23, 2011 such powerful medicines makes it more crit- Mr. UDALL of New Mexico. I ask Association of Elementary School Principals ical than ever to raise public awareness unanimous consent that the resolu- have declared the month of October 2011 as about the dangers of the abuse of such drugs; tions be agreed to, the preambles be ‘‘National Principals Month’’; Whereas when prescription drugs are agreed to, the motions to reconsider be Whereas principals are educational vision- abused, such drugs are most often obtained aries, instructional and assessment leaders, through friends and relatives; laid on the table en bloc, with no inter- disciplinarians, community builders, budget Whereas parents should be aware that the vening action or debate, and any state- analysts, facilities managers, and adminis- Internet gives teenagers access to websites ments be printed in the RECORD. trators of legal and contractual obligations; that promote the abuse of medicines; The PRESIDING OFFICER. Without Whereas principals work collaboratively Whereas the designation of ‘‘National Med- objection, it is so ordered. with teachers and parents to develop and im- icine Abuse Awareness Month’’ promotes the The resolutions were agreed to. plement a clear mission, high curriculum message that over-the-counter and prescrip- The preambles were agreed to. standards, and performance goals; tion medicines should be taken only as la- The resolutions, with their pre- Whereas principals create school environ- beled or prescribed, and such medicines can ambles, read as follows: ments that facilitate great teaching and have serious or life-threatening con- learning and continuous school improve- S. RES. 276 sequences when used to get high or in large ment; Expressing support for the goals and ideals doses; Whereas the vision, actions, and dedication of National Infant Mortality Awareness Whereas the designation of ‘‘National Med- of principals provide the mobilizing force be- Month 2011 icine Abuse Awareness Month’’ will encour- hind any school reform effort; and age parents to educate themselves about the Whereas ‘‘infant mortality’’ refers to the Whereas the celebration of ‘‘National Prin- problem of abuse of over-the-counter and death of a baby before his or her first birth- cipals Month’’ would honor elementary prescription medicines, and talk to their day; school, middle school, and high school prin- teens about all types of substance abuse; Whereas the United States ranks 41st cipals, and recognize the importance of prin- Whereas observance of ‘‘National Medicine among industrialized countries in the rate of cipals in ensuring that every child has access Abuse Awareness Month’’ should be encour- infant mortality; to a high-quality education: Now, therefore, aged at the national, State, and local levels Whereas high rates of infant mortality are be it to increase awareness of the abuse of medi- especially prevalent in communities with Resolved, That the Senate— cines; large minority populations, high rates of un- (1) recognizes the month of October 2011 as Whereas educational tools, training pro- employment and poverty, and limited access ‘‘National Principals Month’’; and grams, and strategies have been developed by to safe housing and medical providers; (2) honors the contribution of principals in the national organization that represents Whereas premature birth is a leading cause the elementary schools, middle schools, and 5,000 anti-drug coalitions nationwide and the of infant mortality; high schools of our Nation by supporting the association representing makers of over-the- Whereas according to the Institute of Med- goals and ideals of ‘‘National Principals counter medicines, in order to help local coa- icine of the National Academies, premature Month’’. litions demonstrate the best ways to engage birth costs the United States more than S. RES. 278 and educate parents and grandparents, $26,000,000,000 annually; Designating September 2011 as ‘‘National teachers, law enforcement officials, doctors, Whereas infant mortality can be substan- Prostate Cancer Awareness Month’’ tially reduced through community-based other healthcare professionals, and retailers Whereas countless families in the United services such as outreach, home visitation, about the potential harms of cough medicine States live with prostate cancer; case management, health education, and abuse; Whereas 1 in 6 males in the United States interconceptional care; Whereas a partnership of nonprofit associa- will be diagnosed with prostate cancer in his Whereas support for community-based pro- tions specializing in raising media awareness lifetime; grams to reduce infant mortality can result about substance abuse and organizations Whereas prostate cancer is the most com- in lower future spending on medical inter- that represent the leading makers of over- monly diagnosed non-skin cancer and the ventions, special education, and other social the-counter drugs have developed a nation- second most common cause of cancer-related services that may be needed for infants and wide prevention campaign that utilizes re- deaths among males in the United States; children who are born with a low birth search-based educational advertisements, Whereas in 2011, the American Cancer Soci- weight; public relations and news media, and the ety estimates that 240,890 males in the Whereas the Department of Health and Internet to inform parents about the nega- United States will be diagnosed with pros- Human Services, through the Office of Mi- tive teen behavior of intentional abuse of tate cancer, and 33,720 males will die from nority Health, has implemented the ‘‘A medicines, in order to empower parents to ef- the disease; Healthy Baby Begins With You’’ campaign; fectively communicate with their children Whereas 30 percent of newly diagnosed Whereas the Maternal and Child Health about this dangerous trend and to take nec- prostate cancer cases occur in males under Bureau of the Health Resources and Services essary steps to safeguard prescription and the age of 65; Administration has provided national leader- over-the-counter medicines in their homes; Whereas approximately every 14 seconds, a ship on the issue of infant mortality; and male in the United States turns 50 years old Whereas public awareness and education Whereas educating the public on the dan- and increases his odds of developing cancer, campaigns on infant mortality are held dur- gers of medicine abuse and promoting pre- including prostate cancer; ing the month of September each year; and vention of medicine abuse are critical com- Whereas African-American males suffer Whereas September 2011 has been des- ponents of what must be a multi-pronged ef- from a prostate cancer incidence rate that is ignated as ‘‘National Infant Mortality fort to curb prescription and over-the- up to 65 percent higher than White males and counter medicine abuse: Now, therefore, be it Awareness Month’’: Now, therefore, be it Resolved, That the Senate— have double the prostate cancer mortality Resolved, That the Senate— rate of White males; (1) designates the month of October 2011 as (1) supports the goals and ideals of Na- tional Infant Mortality Awareness Month Whereas obesity is a significant predictor ‘‘National Medicine Abuse Awareness of the severity of prostate cancer; Month’’; and 2011; (2) supports efforts to educate people in the Whereas the probability that obesity will (2) urges communities to carry out appro- lead to death and high cholesterol levels is priate programs and activities to educate United States about infant mortality and the factors that contribute to infant mor- strongly associated with advanced prostate parents and youth about the potential dan- cancer; gers associated with medicine abuse. tality; (3) supports efforts to reduce infant deaths, Whereas males in the United States with 1 f low birth weight, pre-term births, and dis- family member diagnosed with prostate can- parities in perinatal outcomes; cer have a 1 in 3 chance of being diagnosed RESOLUTIONS SUBMITTED TODAY (4) recognizes the critical importance of in- with the disease, males with 2 family mem- bers diagnosed have an 83 percent chance, Mr. UDALL of New Mexico. Mr. cluding efforts to reduce infant mortality and the factors that contribute to infant and males with 3 family members diagnosed President, I ask unanimous consent have a 97 percent chance; that the Senate proceed to the imme- mortality as part of prevention and wellness strategies; and Whereas screening by a digital rectal ex- diate consideration en bloc of the fol- (5) calls upon the people of the United amination and a prostate-specific antigen lowing resolutions which were sub- States to observe National Infant Mortality blood test can detect the disease at the early mitted earlier today: S. Res. 276, S. Awareness Month with appropriate programs stages, increasing the chances of survival for Res. 277, S. Res. 278, S. Res. 279, S. Res. and activities. more than 5 years to nearly 100 percent; 280, and S. Res. 281, which were sub- Whereas only 33 percent of males survive S. RES. 277 more than 5 years if diagnosed during the mitted earlier today. Recognizing the month of October 2011 as late stages of the disease; There being no objection, the Senate ‘‘National Principals Month’’ Whereas there are no noticeable symptoms proceeded to consider the resolutions Whereas the National Association of Sec- of prostate cancer while it is still in the en bloc. ondary School Principals and the National early stages, making screening critical;

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5935 Whereas ongoing research promises further Whereas September 24, 2011, would be an and commerce to the United States econ- improvements in prostate cancer prevention, appropriate date to designate as Worldwide omy; early detection, and treatment; and Day of Play: Now, therefore, be it Whereas more than 43 percent of all adults Whereas educating people in the United Resolved, That the Senate supports the des- in the United States visit a sea coast or estu- States, including health care providers, ignation of September 24, 2011, as ‘‘World- ary at least once a year to participate in about prostate cancer and early detection wide Day of Play’’. some form of recreation, generating strategies is crucial to saving the lives of S. RES. 280 $8,000,000,000 to $12,000,000,000 in revenue an- males and preserving and protecting fami- Designating the week beginning September nually; lies: Now, therefore, be it 19, 2011, as ‘‘National Hispanic-Serving In- Whereas more than 28,000,000 jobs in the Resolved, That the Senate— stitutions Week’’ and recognizing the United States are supported by commercial (1) designates September 2011 as ‘‘National achievements of the Hispanic Association and recreational fishing, boating, tourism, Prostate Cancer Awareness Month’’; of Colleges and Universities and other coastal industries that rely on healthy estuaries; (2) declares that steps should be taken— Whereas Hispanic-serving institutions play Whereas estuaries provide vital habitat for (A) to raise awareness about the impor- an important role in educating many under- countless species of fish and wildlife, includ- tance of screening methods for, and treat- privileged students and helping those stu- ing many that are listed as threatened or en- ment of, prostate cancer; dents attain their full potential through dangered; (B) to increase research funding that is higher education; Whereas estuaries provide critical eco- commensurate with the burden of prostate Whereas Hispanic-serving institutions are system services that protect human health cancer so that— degree-granting institutions that have a full- and public safety, including water filtration, (i) screening and treatment for prostate time equivalent undergraduate enrollment of flood control, shoreline stabilization and cancer may be improved; at least 25 percent Hispanic students; erosion prevention, and the protection of (ii) the causes of prostate cancer may be Whereas in 2010, there were 307 Hispanic- coastal communities during extreme weath- discovered; and serving institutions in the United States, en- er events; (iii) a cure for prostate cancer may be de- rolling 1,348,436 Hispanic students in non- Whereas the United States has lost more veloped; and profit postsecondary schools; than 110,000,000 acres, or 50 percent, of the (C) to continue to consider ways for im- Whereas Hispanic-serving institutions are wetland of the United States since the first proving access to, and the quality of, health actively involved in stabilizing and improv- European settlers arrived; care services for detecting and treating pros- ing the communities in which the Hispanic- Whereas bays once filled with fish and oys- tate cancer; and serving institutions are located; ters have become dead zones filled with ex- (3) calls on the people of the United States, Whereas 54 percent of Hispanic students in cess nutrients, chemical wastes, harmful interested groups, and affected persons— the United States attend nonprofit, postsec- algae, and marine debris; (A) to promote awareness of prostate can- ondary Hispanic-serving institutions; Whereas changes in sea level can impact cer; Whereas celebrating the vast contributions estuarine water quality and estuarine habi- (B) to take an active role in the fight to of Hispanic-serving institutions to the tat; end the devastating effects of prostate can- United States strengthens the culture of the Whereas the Coastal Zone Management cer on individuals, families, and the econ- United States; Act of 1972 (16 U.S.C. 1451 et seq.) declares omy; and Whereas the achievements and goals of that it is the national policy to preserve, (C) to observe National Prostate Cancer Hispanic-serving institutions are deserving protect, develop, and if possible, to restore or of national recognition; Awareness Month with appropriate cere- enhance, the resources of the coastal zone of Whereas 2011 marks the 25th anniversary of monies and activities. the United States, including estuaries, for the establishment of the Hispanic Associa- S. RES. 279 current and future generations; tion of Colleges and Universities, an organi- Whereas 24 coastal and Great Lake States Expressing support for the designation of zation that works to improve the capacity of and territories of the United States contain September 24, 2011, as ‘‘Worldwide Day of Hispanic-serving institutions in helping stu- a National Estuary Program or a National Play’’ dents across the United States succeed; Estuarine Research Reserve System; Whereas the Hispanic Association of Col- Whereas according to the Centers for Dis- Whereas scientific study leads to better leges and Universities fulfills its mission by ease Control and Prevention, since 1980, obe- understanding of the benefits of estuaries to promoting the development of member col- sity prevalence among children has almost human and ecological communities; leges and universities, improving access to, tripled and approximately 12,500,000, or 17 Whereas Federal, State, local, and tribal and the quality of, postsecondary edu- percent, of children and adolescents in the governments, national and community orga- cational opportunities for Hispanic students, United States are obese; nizations, and individuals work together to and meeting the needs of business, industry, Whereas according to the American Acad- effectively manage the estuaries of the and government through the development emy of Pediatrics study entitled ‘‘The Im- United States; and sharing of resources, information, and portance of Play in Promoting Healthy Child Whereas estuary restoration efforts restore expertise; and Development and Maintaining Strong Par- natural infrastructure in local communities Whereas the week beginning September 19, ent-Child Bonds’’— in a cost effective manner, helping to create 2011, would be an appropriate week for na- (1) play is essential to development be- jobs and reestablish the natural functions of tional recognition of Hispanic-serving insti- cause play contributes to the cognitive, estuaries that yield countless benefits; and tutions: Now, therefore, be it physical, social, and emotional well-being of Whereas September 24, 2011, has been des- children and youth; Resolved, That the Senate— (1) recognizes the achievements and goals ignated as ‘‘National Estuaries Day’’ to in- (2) play offers an ideal opportunity for par- of Hispanic-serving institutions across the crease awareness among all people of the ents to engage fully with children; and United States; United States, including Federal, State and (3) despite the benefits derived from play (2) recognizes the achievements of the His- local government officials, about the impor- for both children and parents, time for free panic Association of Colleges and Univer- tance of healthy estuaries and the need to play has been significantly reduced for some sities throughout the 25 years since the es- protect and restore estuaries: Now, there- children and youth in the United States; tablishment of the organization; fore, be it Whereas Worldwide Day of Play is the cen- Resolved, That the Senate— (3) designates the week beginning Sep- terpiece of The Big Help, the long-term com- (1) designates September 24, 2011, as ‘‘Na- tember 19, 2011, as ‘‘National Hispanic-Serv- mitment of Nickelodeon to empower chil- tional Estuaries Day’’; ing Institutions Week’’; and dren and families by providing the tools and (2) supports the goals and ideals of Na- (4) calls on the people of the United States information children and families need to tional Estuaries Day; and interested groups to observe the week take action on the issues children and fami- (3) acknowledges the importance of estu- with appropriate ceremonies, activities, and lies care about; aries to sustaining employment and the eco- programs to demonstrate support for His- Whereas in each of the 50 States and in 13 nomic well-being and prosperity of the panic-serving institutions. countries, including at United States mili- United States; tary bases around the globe, children and S. RES. 281 (4) recognizes that persistent threats un- families celebrate Worldwide Day of Play; Designating September 24, 2011, as ‘‘National dermine the health of the estuaries of the Whereas on September 24, 2011, Nickel- Estuaries Day’’ United States; odeon will host the 8th annual Worldwide Whereas the estuary regions of the United (5) applauds the work of national and com- Day of Play; States comprise a significant share of the munity organizations and public partners Whereas in 2011, in collaboration with the national economy, with 43 percent of the that promote public awareness, under- Let’s Move! campaign started by First Lady population, 40 percent of the employment, standing, protection, and restoration of estu- Michelle Obama and the President’s Council and 49 percent of the economic output of the aries; on Fitness, Sports and Nutrition, the Nickel- United States located in the estuary regions (6) reaffirms the support of the Senate for odeon Worldwide Day of Play will be held on of the United States; estuaries, including the scientific study, the Ellipse in Washington, District of Colum- Whereas coasts and estuaries contribute preservation, protection, and restoration of bia; more than $800,000,000,000 annually in trade estuaries; and

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5936 CONGRESSIONAL RECORD — SENATE September 23, 2011 (7) expresses the intent of the Senate to that I mean something like 29 to 1. The cannot wait any longer to address this continue working to understand, protect, Senate has received five of these bills need. All of my colleagues should come and restore the estuaries of the United from the House. The Appropriations together in a bipartisan agreement to States. Committee is ready to take up any of strip out the ATV offset, approve f these bills on the floor when time al- meaningful disaster assistance today, MEASURE PLACED ON THE lows. and return this bill to the House for re- CALENDAR—S. 1619 In the interim, enacting a continuing consideration. I hope we have the good resolution is essential before the Con- sense to resolve this matter. Mr. UDALL of New Mexico. Mr. gress goes on recess. The bill passed by I suggest the absence of a quorum. President, I understand that S. 1619 is the House provides the bare-bones min- The PRESIDING OFFICER. The at the desk and due for a second read- imum required to ensure that govern- clerk will call the roll. ing. ment functions will be continued with- The legislative clerk proceeded to The PRESIDING OFFICER. The out interruption. It also includes a few call the roll. clerk will read the bill by title for the critical legislative provisions to sus- Mr. REID. Mr. President, I ask unan- second time. tain vital programs which otherwise imous consent that the order for the The assistant legislative clerk read would be terminated. There were many quorum call be rescinded. as follows: more items which the administration The PRESIDING OFFICER (Mr. A bill (S. 1619) to provide for identification and Members of this body would have UDALL of New Mexico). Without objec- of misaligned currency, require action to wished to include, but the House did tion, it is so ordered. correct the misalignment, and for other pur- not agree to include them. The House poses. f CR also provides a limited amount of Mr. UDALL of New Mexico. I object disaster funding, which has been ad- MORNING BUSINESS to any further proceedings with respect dressed by others. Mr. REID. Mr. President, I ask unan- to the bill. I want to state for the record that I imous consent that the Senate proceed The PRESIDING OFFICER. Objec- am particularly disturbed at the posi- to a period of morning business, with tion having been heard, the measure tion of the House that fiscal year 2011 Senators permitted to speak for up to will be placed on the calendar. emergency disaster assistance would be 10 minutes each. Mr. UDALL of New Mexico. Mr. offset by canceling the advanced tech- The PRESIDING OFFICER. Without President, I suggest the absence of a nology vehicle program. It has long objection, it is so ordered. quorum. been a tradition of the Congress to ap- f The PRESIDING OFFICER. The prove disaster assistance without need NATIONAL PUBLIC LANDS DAY clerk will call the roll. for offset. Others will likely come to The assistant legislative clerk pro- the Senate floor to challenge that re- Mr. REID. Mr. President, I rise today ceeded to call the roll. mark. They will point out that in in recognition of the 18th annual Na- Mr. INOUYE. Mr. President, I ask many, if not most, emergency tional Public Lands Day, which will be unanimous consent that the order for supplementals the Congress has rec- celebrated on Saturday, September 24. the quorum call be rescinded. ommended using rescissions to offset I am pleased to acknowledge the ef- The PRESIDING OFFICER. The Sen- the cost of the bill. They are correct, forts of volunteers across our Nation ator from Hawaii. but as usual the details tell the true who will come together to improve and f story. restore one of America’s most valuable The Appropriations Committee annu- treasures, our public lands. THE CONTINUING RESOLUTION ally reviews unobligated balances that National Public Lands Day started in Mr. INOUYE. Mr. President, the remain in programs and those that are 1994 with 700 volunteers working in just United States is considering H.R. 2608, unnecessary are recommended for re- a few locations. This year over 180,000 a continuing resolution to ensure our scission or reapplication to other pro- volunteers will come together to work vital Federal programs can continue in grams. However, in the case of disaster at more than 2,000 locations across all operation while the Congress com- assistance, I challenge my colleagues 50 States. These people come from all pletes action on our appropriations to review all appropriations bills for walks of life, holding a shared interest bills for this fiscal year. the past decade and find a single in- in protecting our public lands for the As all of my colleagues are aware, I stance where the committee paid for enjoyment of future generations. Na- do not welcome the reality that we disasters by rescinding funds from tional Public Lands Day provides an once again need to approve of stopgap other programs. No one would find an annual opportunity for the American measures as we prepare to begin the example because, quite simply, there public to devote a day to conservation next fiscal year, but, unfortunately, are not any. Equally important, as and to give back to the public lands that is the position we are in now. The noted above, year after year the Con- that give so much to us. acrimonious and time-wasting debate gress rescinds unobligated funds, but Our Nation has a proud tradition of on raising the debt ceiling has led us to only when they are no longer needed. conservation. When Yellowstone Na- this place. Put simply, we have no In the case of the remaining balances tional Park was established in 1872, it choice but to pass this short-term for the advanced technology vehicle was the world’s first national park. measure. programs, these funds are needed. The idea of a national park was an I wish to point out, however, that un- Hardly a day goes by that someone American invention of historic propor- like last year, we see this as a short- does not come to the floor and note the tions that led the way for global con- term need, not a long-term remedy, be- need for job creation. Here is a pro- servation efforts. President Teddy Roo- cause even though there was neither an gram that is creating good jobs with a sevelt, one of our earliest and most en- agreement on spending levels nor an al- future. Investing in new technologies ergetic conservationists, dedicated 194 location to the Appropriations Com- to make our Nation more competitive million acres of national parks and na- mittee for discretionary spending until in the international marketplace is ex- tional preserves over the course of his the August recess commenced, I am actly the type of program where Fed- Presidency. As we look ahead to en- happy to inform my colleagues that eral Government intervention makes hance our Nation’s conservation agen- the Senate Appropriations Committee sense. The notion that our Republican da, Secretary of the Interior Ken has completed its work on 11 of the 12 colleagues in the House would propose Salazar has enlisted Congress to iden- bills required to fund our Federal agen- rescinding $1.5 billion in funding from tify the ‘‘crown jewels’’ of public lands cies. In the past 3 weeks, the Appro- this program in the current economic that will be part of our legacy for fu- priations Committee has met to review climate borders on the nonsensical. ture generations. and favorably approve 10 bills for fiscal Finally, I would note that today’s Public lands make up more than one- year 2012. Eight of those bills were re- balances in the disaster relief fund are third of our country, and are places of ported out of committee in an over- now at $175 million. Our people are in continuous discovery, where we go to whelmingly bipartisan vote, and by need of assistance now. The Congress find ourselves, to uncover our history,

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5937 and to explore for resources that help I would also like to acknowledge and down and chose to enlist with the Ma- improve our quality of life. Our public thank the many Nevadans that will rine Corps instead. His older brother lands provide wide open spaces, deep spend September 24 improving our pub- David was serving in the U.S. Air forests, dramatic vistas, and opportuni- lic lands undertaking 19 projects across Force, and his brother Bobby was al- ties for solitude that not only fulfill us the State from the Big Rocks Wilder- ready in Vietnam with the Army. individually, but form a fundamental ness Area in Caliente to Daggett Sum- Within 2 years Rennie had risen to the part of the American character. Our mit Trail in Stateline. In northern Ne- rank of corporal and took his duties as public lands are part of who we are and vada, volunteers will be working to im- a marine very seriously. the diversity of their uses, like the di- prove our public lands at the Mill Alvin Simpson, a fellow Marine re- versity of their landscapes, reflects our Creek Campground. These people will cruit who went through basic training identity. In many areas, they provide spend their day installing new fire with Rennie and later wrote a memoir timber, ore, and forage that are the rings, barbeques and lantern hooks as about his experiences, said this: ‘‘There economic bedrock of rural America. In well as cleaning the debris from the was no question who could outfight other areas, Congress has designated stream and placing rocks in parking whom; I knew, he knew, and the entire them as wilderness, places and camping areas. platoon knew Lorenza was the real ‘‘untrammeled by man, where man is a The focus of National Public Lands deal.’’ visitor who does not remain.’’ Day this year is highlighting the op- Corporal Lorenza Gayles was de- Nevada boasts some of the most rug- portunities public lands offer young ployed to Vietnam on June 21, 1966. On ged and diverse landscapes in the people through the Youth in the Great September 3 of that year, while on re- United States. From the vast Black Outdoors Initiative, launched by the connaissance patrol, he was on point Rock Desert of northwestern Nevada, U.S. Department of the Interior. This with his squad when they walked into to the alpine peaks of Mount Rose initiative will engage youth from all an ambush. Corporal Gayles was killed overlooking the shores of Lake Tahoe, backgrounds in exploring, connecting instantly. He was 19 years old. to the imposing buttes and sagebrush with and preserving America’s natural Several weeks later his parents were plains of the Sheldon National Wildlife presented with Corporal Gayles’s post- Refuge, and the Mojave Desert floor and cultural heritage. National Public Lands Day is also relaying the health humously awarded Purple Heart Medal. covered in Joshua trees and yucca Corporal Gayles is buried in the Lynch plants. Over the past quarter century, benefits of outdoor recreation by en- Cemetery in Middlesboro. home grown conservation advocates couraging families to develop more ac- tive lifestyles on our public lands. ‘‘When Rennie was killed in action in have worked to protect and preserve 68 Vietnam,’’ the author of this article wilderness areas consisting of 3.4 mil- The preservation of our public lands writes, Mr. President, ‘‘I remember my lion acres, an area approximately the is a priority for me. Our public lands mother saying, ‘that poor little Gayles size of Connecticut. These advocates are part of what makes the United boy.’ This is something that I have car- continue to work towards protection of States a great Nation. I voice my grati- ried with me my entire life.’’ the most special places in the Silver tude to all who will participate in Na- That is the author of this article State. Currently, there are strong tional Public Lands Day this year. speaking. Forty-five years later, this grassroots efforts underway to protect f author’s memories still affect him, and the high alpine lakes and thick aspen REMEMBERING CORPORAL I think anyone who reads this piece groves of the Pine Forest Range in LORENZA GAYLES will be affected too. CPL Lorenza Humboldt County as well as the rich Gayles’s life may not have been long, archeological resources and spectac- Mr. MCCONNELL. Mr. President, I but he made an indelible mark on the ular red rock formations in the Gold rise to honor a brave member of the people who love and remember him. Butte area just a short drive from Las U.S. Marine Corps and a fellow Ken- I ask unanimous consent that the en- Vegas. tuckian who was lost to his family and Our public lands also provide a con- friends 45 years ago when he was killed tire article remembering CPL Lorenza sistently reliable source of natural re- in action in Vietnam. A very moving Gayles, a proud marine and a brave sources that fuel our national econ- article in tribute to this man, CPL Kentucky hero who deserves all of our omy. In northern Nevada, mining is a Lorenza Gayles, appeared in the respect, be printed in the RECORD. way of life. Although Nevada was well Middlesboro Daily News recently, and I There being no objection, the mate- known for silver during the 19th cen- wanted to give this article and this fine rial was ordered to be printed in the tury, miners working in the Silver young man’s story the attention it de- RECORD, as follows: State now produce almost 80 percent of serves. [From the Middlesboro Daily News, Sept. 2, the gold in the United States, much of Born in Lynch, KY, on December 28, 2011] which comes from public lands. Nevada 1946, as the fourth child of David and FORGOTTEN MARINE also has a rich history of ranching for Virginia Gayles, Lorenza moved with (Editor’s Note: This article was written by both sheep and cattle and grazing on his family to Middlesboro as a baby a Daily News reader who wishes to honor the memory of one of Middlesboro’s finest— federal lands helps feed this family tra- and grew up with many friends. He was a good student, was popular with his Lorenza Gayles—yet remain anonymous.) dition. Throughout the state the bur- ‘‘Once upon a time in America, when I was geoning renewable energy industry on schoolmates, and known for his sense colored, two adventurous, young boys, both public lands has provided a variety of of humor. His sister Lelia remembers black, but from very different backgrounds; new job-creating economic opportuni- young Lorenza was ‘‘just a charming one boy was from Ky., the other boy hailed ties. Harnessing the solar, wind, and little boy.’’ from Northern Ohio. The kid from Ky. was geothermal resources in Nevada and Lorenza, called ‘‘Rennie’’ by his killed September 3, 1966, in South Vietnam. throughout the country will bolster friends, attended the Lincoln School, His name was Lorenza Gayles, he was twenty years old when he was killed, he was my our country’s economic and energy se- the only school in Middlesboro for Afri- can-American children in those days of friend. I loved him then—and I love him curity for decades and centuries to more today.’’ come. segregation. He was a talented athlete —From ‘‘Together We Served’’ By Alvin L. I recognize and thank the thousands who played football, baseball, and had Simpson. of Federal employees who manage an exceptional gift for basketball. Bill To most, Rennie Gayles is a public housing these lands year-round. The Bureau of Smith, a longtime friend of the Gayles development in Middlesboro. To others, he Land Management, Forest Service, family, remembers Rennie as ‘‘a solid was a son, a brother and a friend; but most Fish and Wildlife Service, National guy with a good head on his shoul- importantly to me, he was Corporal Lorenza Park Service, and other federal land ders.’’ When segregation in the area Gayles, United States Marine. Though I management agencies ensure that pub- ended, Lorenza went to Middlesboro didn’t know him, and was only five years old lic lands in Nevada and across the Na- High School, where he graduated in at the time of his death, his life and death have always held a special meaning to me. tion meet the changing needs of our 1964. Born in Lynch, Ky., on December 28, 1946, communities. They provide a vital, Knoxville College offered Rennie a he was the fourth child of David and Virginia though rarely reported, service to our scholarship to play basketball after Gayles. Soon after his birth, the Gayles fam- Nation. high school, but Rennie turned them ily moved to Middlesboro where he and his

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5938 CONGRESSIONAL RECORD — SENATE September 23, 2011 older brothers and sister were raised in a lov- diers, and are prepared to give their lives for list in the Armed Forces if the DREAM ing home by parents that worked very hard it. Act becomes law. to provide for their children. Rennie, as he We owe the same gratitude to those who And studies have found that DREAM was affectionately known, grew up like most served in Vietnam. We all know someone Act participants would contribute lit- of us. He had many friends, loved playing who served there and the memories of these basketball, just a normal childhood growing heroes are fleeting. These men and women erally trillions of dollars to the U.S. up. He is described by his sister Lelia as served with the same courage and dedication economy during their working lives. ‘‘just a charming little boy.’’ as do the brave soldiers of today. We see These young people have overcome Rennie attended school at the Lincoln them every day. Take just a moment to great obstacles to succeed. They are School in Middlesboro, long since gone. In thank them for their service and their sac- valedictorians, star athletes, honor-roll the days of segregation, it was the only rifice; just a pat on the back and a thank you students, and ROTC leaders. Now they school in Middlesboro for black children. He would mean so much. Most of all, take a mo- want to give back to their country. was a good student, very popular among his ment to remember, honor and mourn those The DREAM Act would give them that classmates and known for his sense of who gave their lives for this great nation. chance. humor. Bill Smith, a longtime friend of the Our community lost too many fine young Gayles family, described Rennie as ‘‘a solid men in Vietnam and it’s up to us to pass on For the last 10 years I have been guy with a good head on his shoulders.’’ their heritage so that they are not forever working on the DREAM Act, there has Rennie was also a very talented athlete lost to posterity. Remember that many of been one constant: strong support from who played football, baseball, and was an es- these men and women sacrificed their ambi- the faith community. The DREAM Act pecially gifted basketball player. With the tions so that we wouldn’t have to. They died is supported by almost every religious end of segregation, he then attended for the very freedoms we enjoy every day. group you can imagine: Catholic, Meth- Middlesboro High School, where he grad- When Rennie was killed in action in Viet- odist, Episcopal, Lutheran, and Evan- uated in 1964. nam I remember my mother saying ‘‘that gelical Christians; Orthodox, Conserv- Offered a scholarship by Knoxville College poor little Gayles boy.’’ This is something to play basketball, he declined. Instead, that I have carried with me my entire life. ative, and Reform Jews; and Muslims, young Gayles enlisted in the United States And with the passing of time and genera- Hindus, and Sikhs. Marine Corps. With his older brother David tions we owe it to them to carry on their The faith community supports the serving in the U.S. Air Force, and Bobby memories. This tall, handsome, young Ma- DREAM Act because it is based on a serving in Vietnam in the U.S. Army, I sup- rine with his broad beaming smile, with his fundamental moral principle that is pose he felt he was obligated to enlist. He re- whole life ahead of him, he was one of those shared by every religious tradition—it ceived his basic training at Parris Island, men. is wrong to punish children for the ac- South Carolina, and upon completion was Rennie Gayles is not just a housing tions of their parents. stationed at Camp Lejeune, North Carolina. project; United States Marine Corporal These students were brought to this He later transferred to a Marine base in Cali- Lorenza Gayles was a guardian of freedom. country as children. They grew up here fornia. He quickly rose through the ranks REMEMBRANCE and became a corporal in just two years. He pledging allegiance to the American was an attentive soldier and took his obliga- Forty-five years ago, on September 3, 1966, flag and singing the only national an- tion to the Corps very seriously. He was a just before your twentieth birthday, in a them they’ve ever known. They are ‘‘textbook’’ Marine. Tough, no-nonsense and country, half a world away from home, in the Quang Nam Province of South Vietnam American in their hearts and they cared deeply about those he served with. should not be punished for their par- ‘‘Everybody in our platoon knew the out- defending your nation with a profound sense of duty and exemplary conduct becoming a ents’ decision to bring them here. standing recruit was a black kid from For the next several weeks, people of Middlesboro, Ky., Lorenza Gayles,’’ writes United States Marine, you made the ulti- Alvin Simpson, author of ‘‘Distant Shore: A mate sacrifice. Every day of my life I will faith all across this country will show Memoir,’’ and fellow Marine recruit in basic thank God for you, I will honor you, and I their support for the DREAM Act by training with Rennie. will remember you . . . Semper Fi celebrating the first-ever ‘‘DREAM ‘‘There was no question who could outfight On October 26, 1966, Corporal Lorenza Sabbath.’’ whom; I knew, he knew, and the entire pla- Gayles was posthumously awarded the Pur- On the DREAM Sabbath, at churches, ple Heart. It was presented to his parents by toon knew Lorenza was the real deal.’’ synagogues, mosques, and temples With the war in Vietnam escalating, Major F.C. Fisher, U.S.M.C. Corporal Gayles is buried in the Lynch Cemetery in around the country, Americans of Rennie was deployed on June 21, 1966. Just many religious backgrounds will offer over two months after arriving in Vietnam, Middlesboro. while on a reconnaissance patrol, Rennie was Sincerest appreciation to those who con- prayers for the immigrant students on point (front man in the squad) when he tributed to this article: Rennie’s brother, who would be eligible for the DREAM and the other members of his squad walked Bobby Gayles of Middlesboro; Bill Smith, Act. At many of these events, these into an ambush. He was killed instantly. U.S. Army (Ret.), of Middlesboro; sister DREAM Act students will tell their Lelia Gayles-Cammon, Tuscaloosa, Alabama; THE WAR stories. Alvin L. Simpson of Columbus, Ohio, for With the war in Vietnam so many years your friendship, encouragement, service to The DREAM Sabbath will take place behind us, many have tried to put it out of our nation and loving tribute to your friend; over several weekends in September their minds. But for those who served and and a special thanks to Sgt. Timothy Moos and October, and so far, there are more the family members who lost loved ones and the United States Marine Corps. than 320 DREAM Sabbath events there, it haunts them every day. Deemed an f planned, in 44 States. unpopular war, many returning Vietnam vet- In June, when I announced the erans were scorned, cursed, called ‘‘baby kill- DREAM ACT DREAM Sabbath, I was joined by reli- ers,’’ and spat upon. The truth is, no war is popular. War is, sometimes, just a necessary Mr. DURBIN. Mr. President, 10 years gious leaders from a great variety of evil. This great nation has long carried the ago, I introduced the DREAM Act, leg- faith traditions, including: Cardinal obligation to protect and defend those who islation that would allow a select Theodore McCarrick, a good friend who cannot defend themselves against oppres- group of immigrant students with has been a leader in the fight for immi- sions that exist in this world. And to the great potential to contribute more gration reform for many years; Bishop over 58,000 soldiers that died and 1,300 still fully to America. Minerva Carcan˜ o, the first Hispanic listed as missing in action, we owe our eter- The DREAM Act would give these woman to be elected bishop in the nal gratitude. students a chance to earn legal status Methodist Church; Reverend Samuel As a child growing up in the 1960s and early 1970s, the war in Vietnam to me was sitting if they came to the U.S. as children, Rodriguez, the president of the Na- beside my father watching the nightly news are long-term U.S. residents, have good tion’s largest Hispanic Christian orga- with Walter Cronkite. With the end of each moral character, graduate from high nization, with more than 30,000 member broadcast came the body count, the dead, the school, and complete 2 years of college churches; Reverend Derrick Harkins, wounded and the missing in action. Today, or military service in good standing. the pastor of one of the most promi- newscasts are filled with coverage of brave The DREAM Act would make Amer- nent African-American churches in our men and women memorialized who have ica a stronger country by giving these Nation’s Capitol, who was representing given their lives, and those troops returning talented immigrants the chance serve the National Association of from Iraq and Afghanistan as they are met at airports across the country by cheering in our military and contribute to our Evangelicals; Bishop Richard Graham crowds and hailed as heroes and glorified as economy. of the Evangelical Lutheran Church in they should be. They have dedicated their Tens of thousands of highly-qualified, America; Bishop David Jones of the lives to protect and serve this nation as sol- well-educated young people would en- Episcopal Church; Rabbi Lisa

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5939 Grushcow of the Hebrew Immigrant Rather than thinking about what the At a time when families are having Aid Society; and Imam Mohamed next meal will be, these parents worry trouble making ends meet, food stamps Magid, the head of the Nation’s largest if there will be a next meal. meet a basic human need. Muslim organization. Rather than concentrate on home- The people using food banks or food The DREAM Sabbath events reflect work, these children are trying not to stamps to get by are people you know— this great religious diversity. Let me think about their hunger pangs. your neighbor and coworker. give you just a few examples of the According to the USDA in 2010, 14.5 I recently heard from a single mother congregations who are observing the percent of households—or 1 in 6 Ameri- of a 4-year old daughter who receives DREAM Sabbath: the First Pres- cans—experienced hunger. This is the emergency food assistance from the byterian Church of Cheyenne, WY; the highest level of hunger in our Nation Eastern Illinois Food Bank. Central United Methodist Church in since the government began tracking This young mother is also a full-time Fairmont, WV; the Unitarian Church of food insecurity in 1995. college student, who plans to use her Lincoln, NE; Galloway Memorial Epis- No State or county is immune to the education to provide a better life for copal Church in Elkin, NC; Grace reality of hunger. In Illinois’ three her family. United Methodist Church in Missoula, wealthiest congressional districts an Without the extra support from food MT; Trinity Episcopal Church in Win- average of 13.2 percent of people—or stamps, this woman says she would ner, SD; the Texas Catholic Conference nearly 281,000 people—experienced hun- have to drop out of college and work at of Bishops; the Florida Catholic Con- ger in 2009. a minimum wage job just to make ends Hunger is a reality in all of our com- ference of Bishops; and the following meet. munities. We see it in the long lines at Catholic dioceses, just to name a few: She credits food stamps for not only our food pantries. We have heard from Cincinnati, OH; Cleveland, OH; Dav- providing food assistance, but for al- seniors forced to choose between gro- lowing her to get an education so she enport, IA; Evansville, IN; and Salt ceries and medication. And children Lake City, UT. Just last night, in Tuc- can move her family out of poverty. are in our schools who have not had a As Congress works to rein in our Na- son AZ, the DREAM Sabbath was rec- decent meal since the previous day’s ognized at the National Hispanic Evan- tion’s debt, we will hear from all sides. school lunch. The millions of Americans who rely on gelical Immigration Summit, a gath- The U.S. Census Bureau reported this safety net antihunger programs like ering of 1,200 Evangelical ministers. month that more than 1.82 million peo- SNAP will not have the loudest voice This summit was convened by Rev- ple lived in poverty in Illinois last in the debate or big PR firms, but we erend Sam Rodriguez and the National year. That’s up from 1.69 million in can’t forget them. Hispanic Christian Leadership Con- 2009—making 2010 the third straight We must protect Federal food assist- ference and I want to thank them for year the poverty rate in Illinois has ance programs. These programs are not their leadership. risen. In my home State of Illinois, I plan According to Feeding America in Illi- a giveaway or a handout. They are to observe the DREAM Sabbath at a nois, nearly 1.9 million people—includ- strengthening our economy and im- number of places, including: Anshe ing over 740,000 children—are food inse- proving the lives of vulnerable fami- Sholom B’nai Israel Congregation, a cure and often rely on safety net pro- lies, children, and seniors at their time Modern Orthodox temple, where, by the grams for their next meal. of need. way, Chicago Mayor Rahm Emanuel is Hunger is a symptom of poverty, and f a congregant; Old St. Pats Church, my where this is poverty we see greater de- MORETOWN POST OFFICE home parish in Chicago; and the mand for emergency food programs and Mr. LEAHY. Mr. President, I would Church of the Holy Spirit in support. Federal food assistance pro- like to bring to the attention of the Schaumberg. grams have responded to the growing Senate a notable development in the I would like to invite all of my col- need by helping low and middle-class community of Moretown, VT. leagues and everyone listening today families, children, and seniors main- Moretown is located near the con- to participate in the DREAM Sabbath. tain a healthy diet. If you are interested in becoming part Throughout the country, food banks fluence of the Mad River and the of this important national movement, and pantries that rely on Federal as- Winooski River, just down the road you can visit www.dreamsabbath.org sistance are the front line of the fight from my home in Middlesex, and the for more information or call my office against hunger—providing emergency community was hit particularly hard at 202–224–2152. food assistance to hungry families. by the flooding caused by Tropical The DREAM Sabbath will put a Unfortunately, business at food Storm Irene. Homes were flooded, the human face on the plight of undocu- banks has never been better. Over the town offices were inundated, and the mented students who grew up in this past 2 years, Illinois food banks have Moretown School was damaged. country and help build support for pas- seen a 50 percent increase in requests Bridges were washed away, cutting the sage of the DREAM Act. for food assistance. In 2009, Illinois food town off from central Vermont’s high- DREAM Act students need our pray- banks provided food to 1 in 10 resi- way system, and leaving some resi- ers, but they need more than that— dents. dents stranded. But through this dis- they need our help to pass the DREAM The Supplemental Nutrition Assist- aster, the town pulled together, in yet Act. ance Program, formerly known as food another of the many stories that can These young people are American in stamps, is one of the Nation’s most im- be told of the great resilience shown by their hearts. They are willing to serve portant antihunger programs. SNAP Vermonters in the storm’s terrible our country, if we would only give has provided over 46 million Americans aftermath. them a chance. Passing the DREAM with essential food assistance. As flood waters rose, the postmaster Act is the right thing to do and it will In Illinois, 1.8 million people—that is in charge of the Moretown Post Office, make America stronger. 1 in 7 residents—rely on SNAP benefits Naomi Tilton, and the two carriers who to buy the food they need. work in the Moretown Post Office man- f The benefits of SNAP reach far be- aged to save every piece of mail from yond helping households maintain a the rising flood waters. Every single HUNGER AWARENESS healthy diet. SNAP is a powerful tool piece of mail in their charge. Water Mr. DURBIN. Mr. President, I rise in fighting poverty, and has lifted near- eventually filled the entire post office today to speak on behalf of the over 50 ly 2.5 million children out of poverty, lobby, and as water damage left by the million people, including over 17 mil- more than any other government pro- flooding in Moretown demonstrated, as lion children in the United States, who gram. much as 8 feet of water filled the first face the day not knowing if they will According to the USDA’s Economic floors of structures surrounding the have enough to eat. Research Service, $5 of SNAP benefits post office. Millions of families live each day not can generate $9 in economic activity When my staff visited the Moretown knowing if and how they will put food through retail demand, farm produc- Post Office a week later, workers had on the table. tion, and jobs. already begun renovating the building.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5940 CONGRESSIONAL RECORD — SENATE September 23, 2011 They had shoveled out the mud and peting political leaders must point the the Ratna Park roadside. And having made a muck deposited by the river, and they way forward by making the necessary few contacts here and there, Darnal ventured had torn out the mold-prone sheetrock. compromises. into writing for small media houses. The Yet even in disrepair, the post office Today I want to speak briefly about ideas for the foundations of the Jagaran was not in disarray or disorder: The caste discrimination, which is at the Media Centre came in these days. It was to be the largest Dalit-led media outlet in core of Nepal’s feudalistic history. I do Moretown Post Office continued to op- South Asia. Even now, Jagaran media has a erate. A sign made out of a plain sheet so by paying tribute to an extraor- radio station that produces a radio magazine of white paper directed customers to dinary leader of Nepal’s Dalit commu- that is broadcast throughout India and the side of the erstwhile post office, up nity, Suvash Darnal, who was trag- Nepal. a set of crooked stairs and into an of- ically killed in a motor vehicle acci- These were turbulent times. By the time fice on the second floor. In that make- dent in Virginia on August 15, 2011. the media centre was established and run- shift temporary post office, customers Mr. Darnal was only 31 years old ning smoothly, King Gyanendra took over could still buy stamps, pick up their when he died, but he had already and attempted to reverse the course of his- mail, and share their stories of survival achieved far more than most people, tory. Public outrage was growing and so was and community togetherness. even people with every advantage, do the demand for the return of democracy. At The postal employees of Moretown in a much longer life. this crucial juncture, Darnal and his close did all this on their own time, outside Mr. Darnal was of humble begin- friend founded the Collective Campaign for of normal business hours, and on their nings, with nothing but hardship and Peace (COCAP). ‘‘I wanted to play my part in own initiative. I understand that Ms. unfairness to look forward to. Yet he what I knew would be a momentous time in Nepal’s history,’’ said Darnal. He often re- Tilton’s manager was stranded dozens managed to overcome daunting obsta- cles to become a respected leader with called those days saying that at the heart of of miles to the south in Rochester, VT, the uprising, it became an unofficial ‘‘secre- a town similarly cut off from the out- boundless energy, a quenchless thirst tariat’’ for the civil democratic movement in side world. Professionalism and dedica- for knowledge, extraordinary vision, Nepal. and a tireless determination to help tion to the community motivated the It was after this that Darnal set off to un- improve the lives of his people. employees of the Moretown Post Office dertake the most mammoth of his life’s to keep the area’s postal system work- As I have said before in this Cham- work. He realised that democracy would be ing. Their efforts offered a glimmer of ber, Nepal’s democracy cannot succeed of little use to Dalit society unless there was hope to their neighbors as the commu- without the inclusion of minority a way to bridge the gap between politics and nity realized the extent of the devasta- castes, including Dalits, in political caste. This was where Darnal’s deep frustra- tion caused by the flood and the tre- and economic decisionmaking. Mr. tions with society resided. The idea that dis- mendous effort it would take to rebuild Darnal devoted himself passionately to course at the policy level was necessary gave Moretown. And what a powerful testa- that cause through journalism, re- way to the Samata Foundation. Initially ment to the currency in modern times search, and advocacy. called the Nepal Center for Dalit Studies, late in 2009, the name was changed and be- of the proud tradition of this Nation’s He was an inspiring example of why came an officially registered organisation. venerable postal system and its dedi- caste discrimination has no place in cated public servants. the 21st century, and his death is a The Samata Foundation is now the hub of The Moretown Post Office is just one tragic loss not only for Dalits but for Dalit research. Last year, under Darnal’s di- story of the hundreds of stories I would all of Nepal. He had the humility, in- rection, Samata held Nepal’s first ever Inter- national Dalit conference. An avid reader like to tell to remind everyone how de- tegrity, intellect, and dedication to his people that Nepal needs in its leaders, and fan of B.R. Ambedkar, Darnal had set termined we are to recover from Trop- out to establish caste-based policies in the ical Storm Irene. The determination of and I hope others of his generation are country. His book, A Land of Our Own: Con- our Moretown postal workers reminds inspired by his life and work to con- versations with Dalit Members of the Con- us all of what it means to be a tinue his legacy. stituent Assembly, came out in 2009. Al- Vermonter and an American. Mr. President I ask unanimous con- though enthused by the 2008 elections that f sent to have printed in the RECORD an ushered in some 40 Dalit Constituent Assem- August 16 article in the Kathmandu bly (CA) members, it didn’t take long for REMEMBERING SUVASH DARNAL Post about Mr. Darnal. Darnal to realise it wasn’t going to be Mr. LEAHY. Mr. President, I have There being no objection, the mate- enough. He often said that it was only nat- spoken over the years about the polit- rial was ordered to be printed in the ural that the Dalit CA members wouldn’t be ical transformation that has been tak- RECORD, as follows: educated, but that it was then his task to give them the information and competence [From the Kathmandu Post, Aug. 16, 2011] ing place in Nepal since 2005, from a to stand out and be clear about their de- corrupt, autocratic monarchy to an BIDUSHI DHUNGEL, ‘‘PALPALI FLAME’’ mands. In this endeavour, he decided to pub- emerging democracy. The tragic death of 31-year-old Dalit activ- lish a Nepali translation of Ambedkar’s That process has moved forward by ist and media entrepreneur Suvash Darnal is book. The translation was done by Dalit fits and starts, plagued by political in- a huge setback to Nepal’s Dalit movement. leader and CA member Aahuti, and was pub- fighting and the seeming inability of Well known for being the founder of Nepal’s lished earlier this year. Darnal held a special political and ethnic factions to unite first ever Dalit-focused media organisation, prominence in his head and heart for the per- for the good of the people. We are Jagaran Media, co-founder of the Collective sonality and works of Ambedkar and the Campaign for Peace and most recently, the struggling with partisanship and divi- translation of the book and its subsequent Dalit-focused think tank, Samata Founda- publishing was a source of joy to him. siveness in this country, so I under- tion, Darnal made undeniable contributions stand the problem, but Nepal is at a to a burgeoning rights-sensitive society. The Dalit movement has a long history in historic crossroads and cannot afford Born in Mujhung in Palpa, and one of four this country, but with Suvash Darnal it rose for this process to fail. siblings, Suvash was schooled ‘‘by accident,’’ to new heights. From raising national aware- Key issues that were at the heart of at a local school that just happened to be in ness to travelling abroad for guest lectures, close proximity to his home. He was never Darnal had the conviction to make Nepali the internal armed conflict, such as society aware, not only of the harsh realities impunity for crimes against civilians told to go to school, nor did he initially see it as necessary, ‘‘it just kind of happened,’’ of caste, but of the repercussions of its per- by both sides, have not been addressed. he would say. Darnal’s perseverance meant ception in politics and society. Suvash’s Shielding perpetrators of gross viola- that he became the first Dalit to pass the Samata Foundation was in the process of tions of human rights from punishment SLC from his village. That achievement, and achieving precisely this. The organisation is is incompatible with a democratic soci- the positive reaction it garnered from the now without its founder, and the Dalit move- ety based on the rule of law. upper echelons of society that once treated ment without a capable leader. The work he There are many other challenges, him as untouchable, gave him the motiva- undertook was as much professional to him like reform of the army, demobiliza- tion to work harder. as it was personal, and that’s what allowed for his success. Suvash Darnal’s close friends tion of former Maoist combatants, im- But behind every success story, there is a long, hard struggle. Looking at Suvash in his refer to him as very much of a family man. proving literacy, building effective, last years, one could never guess that he’d And with only a few close friends, he main- transparent government institutions, come to Kathmandu with nothing except the tained very close ties with his family. He is and reducing poverty. The United fire of convictions. He spent months selling survived by his wife and two year old daugh- States is helping, but Nepal’s com- watches immersed in a bucket of water on ter.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5941 VETERANS HEALTH CARE FACILI- can continue to deliver world-class the duties of general counsel. He TIES CAPITAL IMPROVEMENT healthcare to veterans in a safe envi- agreed to take on this role, and he con- ACT ronment. tinued to serve me and the committee Mrs. MURRAY. Mr. President, I rise We must allow VA to continue work well throughout the 2 years that I was today in support of H.R. 2646, as on projects such as seismic corrections chairman. After I passed on the gavel amended, the Veterans Health Care Fa- in San Juan, PR; construction of new to Senator DIANNE FEINSTEIN in 2009, cilities Capital Improvement Act of Polytrauma and Blind Rehabilitation Mike stayed on for nearly 3 more 2011. I urge our colleagues to support Centers in Palo Alto, CA; medical cen- years, until his quiet retirement ear- this bipartisan legislation, which ter improvements and cemetery expan- lier this month. would allow for new construction sion in St. Louis, MO; and additional Throughout this time on the com- projects in five States and Puerto Rico parking facilities and nurse education mittee, Mike’s calm and unflappable and would extend several VA programs, opportunities to ongoing projects in presence; his evenhanded, understated, including vital homeless programs. Fayetteville, AR and Orlando, FL, re- and fair approach to even the most Last year, Congress passed, and the spectively. Additionally, it would au- contentious issues; his painstaking at- President signed into law, Public Law thorize VA to lease space for out- tention to detail and unfailing mem- 112–10, Department of Defense and Full- patient clinics in Columbus, GA; Fort ory; and, above all, his dedication to Year Continuing Appropriations Act, Wayne, IN; Mobile, AL; Salem, OR; San the law and to the security interests of and provided an advanced appropria- Jose, CA; South Bend, IN; and Spring- the United States, have served this tion of fiscal year 2012 funding for vet- field, MO. committee and our Nation well. Day in erans’ health care. Enacting H.R. 2646, This bill helps us honor the legacy of and day out, we knew we could rely on as amended, would avoid interruptions heroic veterans by dedicating VA med- Mike’s counsel. Whether it was a situa- in VA programs and would allow VA to ical facilities in their names. With the tion involving routine oversight or a use the full amount of funding provided endorsement of every member of the matter of great sensitivity and histor- through Public Law 112–10. Texas congressional delegation, the ical importance—of which there were VA has worked tirelessly to get vet- West Texas VA Health Center in Big many during those years, including our erans off the streets and into housing. Spring, TX, would be renamed in honor investigations into the intelligence re- Their efforts are commendable, but of George H. O’Brien, a hometown hero. garding weapons of mass destruction in there is still work to be done. H.R. 2646, With similar support from the Colorado Iraq, our efforts to end the CIA’s coer- as amended, contains critical exten- Congressional delegation, the Tele- cive interrogations, our drafting and sions to many of VA’s programs to end health Clinic in Craig, CO, would be re- passing the landmark Foreign Intel- homelessness among veterans. This bill named in honor of MAJ William Ed- ligence Surveillance Act Amendments would allow VA to continue to operate ward Adams. Act of 2008, among others—Mike the drop-in resource centers that help Our Nation’s veterans have sacrificed Davidson’s legal acumen and advice connect homeless veterans to services; much in their service to this country, were invariably excellent, and also in- provide grants to transitional housing we must make sure they receive the dispensable to the work of the com- programs for the most vulnerable care and benefits they earned. mittee. homeless veterans, such as the frail el- f My colleagues and I trusted Mike’s derly, terminally ill, women with chil- judgment implicitly. His example of TRIBUTE TO MIKE DAVIDSON dren, and seriously mentally ill; and dedicated public service and his excep- continue its street outreach and emer- Mr. ROCKEFELLER. Mr. President, I tional day-to-day performance on the gency care services for homeless vet- rise to commend and thank Mike Da- job earned our respect and admiration, erans. These programs are on the front vidson for his decades of extraor- and it inspired a generation of staff line of VA’s services for homeless vet- dinarily dedicated and consequential who had the privilege to work along- erans. service to our Nation, most recently as side him. One of the best ways to end veteran the general counsel for the Senate Se- We will miss Mike dearly, but his homelessness is to prevent it from hap- lect Committee on Intelligence over legacy will remain a part of the Senate pening. This bill would support VA’s the past 8 years. Select Committee on Intelligence for homelessness prevention and rapid re- Many others have praised the wise, years to come. We wish him well in his housing programs by extending the discerning, and sound counsel that has second retirement, even as we leave the Supportive Services for Veteran Fami- characterized every step of Mike’s dis- light on for him just in case he decides lies Program, a critical resource for tinguished career, from his time in the to serve again. stopping homelessness before it begins. Peace Corps in Kenya in the mid-1960s f H.R. 2646, as amended, also extends the throughout his decades of service since Homeless Veterans’ Reintegration Pro- then: as a litigator for the NAACP NATIONAL PROSTATE CANCER gram, which helps homeless veterans Legal Defense Fund, as a professor of AWARENESS MONTH find and maintain employment. Ex- clinical law at the State University of Mr. JOHNSON of South Dakota. Mr. tending these programs will decrease New York at Buffalo, as chief staff President, today I rise to recognize the number of veterans who may be- counsel for the U.S. Court of Appeals September as National Prostate Cancer come homeless in these tough eco- for the District of Columbia, as the Awareness Month. Prostate cancer is nomic times. first legal counsel of the Senate, and, one of the most common types of can- VA has a long list of construction following his first retirement from the cer in men. Approximately one in six projects that have yet to be funded. Senate in 1995, as counsel for several men will be diagnosed with this disease H.R. 2646, as amended, would allow VA important public initiatives—includ- during their lifetime and it is esti- to make critical upgrades to its facili- ing, most prominently, serving as gen- mated that over 240,000 men will be di- ties and infrastructure to ensure that eral counsel for the Joint Inquiry into agnosed with and over 33,000 men will we can provide care to veterans in a Intelligence Community Activities Be- die from the disease this year. While no safe environment. For instance, this fore and After the Terrorist Attacks of cure has been found, early detection bill would allow VA to begin a $51 mil- September 11, 2001. presents our best chance at saving lion project to seismically strengthen This exceptionally distinguished lives. Public awareness of prostate can- the nursing tower and community liv- record speaks for itself, and in 2003 it cer is improving but statistics dem- ing center at the VA Puget Sound led me to recruit Mike back to full- onstrate that more can be done to Healthcare System in Seattle, WA. time service in the Senate. As the In- make awareness and early detection of Built in 1985, this building does not telligence Committee’s vice chairman this disease a national priority. meet the current seismic code for at the time, I asked Mike to serve as The odds of successfully treating this Washington State. Located in an area the committee’s minority counsel, a disease improve with early detection, of high seismic activity, it is vital that position he held from 2003 through 2006. and health experts recommend that this building be upgraded so that the When I became the committee’s chair- men begin receiving yearly screenings VA Puget Sound Healthcare System man in 2007, I asked Mike to undertake at age 50 or sooner for those men at

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5942 CONGRESSIONAL RECORD — SENATE September 23, 2011 high risk for the disease. In fact, stud- home. Having worked with senior citi- measure success in terms of reducing ies have found that approximately 98 zens and with the Gray Panthers before the number of days a child spends in percent of men diagnosed with early I came to Congress, I often heard the foster care. But what about those chil- stage prostate cancer are still living 10 frustration of grandparents whose dren who never enter foster care but years later, while only 18 percent of grandchildren—as far as they knew— still are involved in the juvenile justice those diagnosed at advanced stages of disappeared into the state child protec- system? Or aren’t attending class regu- the disease survive the first decade. tion system and literally vanished larly? Or don’t have access to health More than 2 million men in the United from their families’ lives. I realized the care? And what about the child that, States who have been diagnosed with immense potential in making it easier for one unfortunate reason or another, prostate cancer at some point in their for grandparents and other family spends the majority of her childhood in lives are still alive today. National members to care for children and intro- foster care and ages out of that system Prostate Cancer Awareness Month is a duced legislation to recognize that. We at age 18? How do we gauge whether we reminder that early detection is vital ought to have policies that make it have lived up to our responsibility, as a in successfully treating this disease easier, instead of more difficult, for society, of preparing that child for and, through screening, we truly can families to come together to raise their adulthood? save lives. children. And as we continue to My bill gets at these very issues. It I am proud to add my voice to those rethink our child welfare system, we seeks to improve the well-being of all who are working to fight prostate can- need to rededicate ourselves to looking at risk children and their families by cer, and I take this opportunity to rec- to families, including extended fami- tracking outcomes on the individual ognize the families, professionals and lies, for solutions. When children are level. Importantly, it asks States to be advocates who work day after day to be separated from their parents, it is usu- the pioneers by telling us what will a powerful voice for prostate cancer pa- ally a painful and traumatic experi- work, and then proving it. If we don’t tients. I commend them on their tire- ence. Reading over the RECORD from check up on vulnerable kids until they less efforts to raise awareness of the that fight in 1996 reminded me just how are in foster care, or worse—until they risks, to promote early detection and far we have come since then to recog- are in the emergency room or in pris- treatment, and to further our efforts to nize that fact. on—we are missing opportunities not understand and eliminate this disease. The following year, in 1997, other pro- only to save the government money, I urge all citizens to promote the use of visions of my kinship bill were in- but missing opportunities to save lives early detection screening tests and to cluded in the Adoptions and Safe Fami- and preserve families. My bill also asks help advance the search for a cure of lies Act. And subsequent bills passed for a report to Congress on rec- prostate cancer while supporting those by this Chamber, including the 2008 ommendations on how to update Fed- individuals and families who face this Fostering Connections to Success and eral foster care financing so that eligi- devastating disease. Increasing Adoptions Act, furthered bility is no longer tied to the obsolete I appreciate this opportunity to in- our progress promoting kinship care by AFDC program. crease awareness about the importance allowing relative caregivers to receive When the Child and Family Services of early detection in our efforts to de- foster care payments just as a stranger Improvement and Innovation Act feat prostate cancer and express my would. We know that sometimes, all passed out of the Finance Committee support for those Americans fighting the goodness in a grandparent’s heart earlier this month, I withdrew two the battle against this disease. can’t buy their grandchild basketball amendments to ensure its passage f shoes or school books. And I am grate- move quickly. And I was pleased to ful to Senators BAUCUS and HATCH for have the assurances of Chairman BAU- CHILD AND FAMILY SERVICES IM- continuing to draw attention to the CUS that we could work together to fur- PROVEMENT AND INNOVATION value of kinship care. The bill we ther explore this idea of child well- ACT passed last night again moves the ball being through a roundtable in the Fi- Mr. WYDEN. Mr. President, I rise forward by rewarding States for oper- nance Committee as well as take the today in support of the Child and Fam- ating kinship guardianship programs lead on a request to the GAO asking for ily Services Improvement and Innova- as well as kinship navigator programs policy options to modernize Federal tion Act, which this Chamber adopted that help brothers and sisters stay con- child welfare financing. I commend the late last night by unanimous consent. nected should they enter the child wel- chairman and ranking member as well The bill demonstrates that improving fare system. as congressional leadership for their the lives of vulnerable children re- Slowly but surely, we are learning hard work to ensure passage of this bi- mains a national priority. In the midst what works—and we are learning it partisan bill and I look forward to con- of deficit panels and continuing resolu- from States. Through innovative ap- tinuing to work together to improve tions and fear of government shut- proaches like kinship care, we have the lives of vulnerable children and down, Congress came together to pass dramatically reduced the number of their families. this bipartisan, bicameral legislation children in foster care. In roughly a f and that is illustrative of our concern decade, the number of children in fos- for the needs of children. ter care has declined about 20 percent, TRADE ADJUSTMENT ASSISTANCE This legislation also reinforces our and that’s something to be proud of. Mr. WHITEHOUSE. Mr. President, recognition of the need for flexibility But we must continue our goal of safe- the job market these days is tough. I and accountability. We must enable ly reducing the number of youth in have heard from countless Rhode Is- public agencies to be responsible stew- care, while constantly asking our- landers who have worked all their life, ards of public funds, manage perform- selves, ‘‘what comes next?’’ but who have lost their jobs and are ance, innovate and enhance their abil- Earlier this year I introduced the now struggling to make ends meet. ity to achieve positive outcomes. The Promoting Accountability and Excel- Sadly, many of these jobs have been underlying law we reauthorized could lence in Child Welfare Act, legislation lost because big companies are taking not be more aptly named: Promoting that took a number of ideas from the advantage of cheaper labor overseas. Safe and Stable Families. I am particu- States and from the advocates and We should take action to stop this larly pleased that this bill continues to from experts in Oregon and around the pattern, and I have introduced legisla- stress the importance of kinship care. country for ways to improve the well- tion to end tax giveaways to companies This is something I know a little bit being of all vulnerable children and that ship jobs overseas that I hope we about. In the 1996 welfare reform bill, I their families, just like we did last will pass. In the meantime, we need to successfully fought for the inclusion of night. And one thing we can all agree do everything we can to help those dis- an amendment with, Senator COATS, to on is that our Federal spending must placed workers get back on their feet. ensure that relatives be given pref- drive positive outcomes. It is time we Therefore, I am pleased that the Sen- erence over stranger caregivers when develop some consensus as to what ate has acted to extend the Trade Ad- the state determined where to place a those outcomes are, though. When we justment Assistance Program for child who had been removed from the talk about child welfare, we typically American workers who have lost their

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5943 jobs due to the effects of international waste safely. BBWI employees have supported local charitable efforts, in- trade. TAA benefits are designed to worked more than 12.4 million hours cluding his purchase and donation of help displaced workers transition back and 2,839 days without a lost-time in- the Idaho Fall’s Haven shelter. As an into the job market, and that is pre- jury. In 2010 and 2008, the company outdoorsman, who backpacked and cisely what we need during this pro- earned national safety awards that in- camped with his family, Robb Brady longed period of high unemployment. cluded an Occupational Excellence had an appreciation for our natural re- In my State of Rhode Island, the unem- Award, Perfect Record Award, Safety sources, and he worked to conserve ployment rate has been over 10 percent Leadership Award and Million Hours them. for 30 straight months and currently Worked Award. In 2007, the company With Robb Brady’s passing, we have stands at 10.6 percent. earned the first-ever Integrated Safety lost a kind and valued member of our TAA benefits will help advance our Management Systems verification fol- community, but his example will not economic recovery and get Americans lowing assumption of the AMWTP con- be forgotten. He has left an indelible back to work. In the past 2 years, over tract. The company’s safety achieve- mark in the lives of the many people 1,400 Rhode Islanders have been helped ments have also been recognized who knew him, worked with him and by the job training services provided through the 2005 DOE Electrical Safety learned from him. I extend my condo- through, and the readjustment allow- Challenge; 2008 Bechtel Safety Achieve- lences and prayers to his family, ances have offered those workers a ment Award in recognition of achiev- friends and loved ones. Robb Brady’s modest bridge until they can get back ing more than five million job hours legacy will endure as a significant con- on their feet. without a lost-time injury; 2008 Sec- tribution to Idaho’s strength and his- ∑ I have said throughout the economic retary of Energy’s Appreciation Award tory. downturn that we need to stand up for for Electrical Safety; and 2009 Vol- f people who have lost their jobs through untary Protection Program verifica- TRIBUTE TO JUDGE GREENE no fault of their own, and this is espe- tion. ∑ Mr. ROCKEFELLER. Mr. President, cially true for trade-displaced workers. BBWI has also been an active and in- President Kennedy made this point today I wish to note a special occasion volved corporate partner to Idaho. next week, the unveiling of a portrait when he signed TAA into law in 1962. Through its community contributions, He said then, regarding the effects of at the U.S. Court of Appeals for Vet- the company has supported civic, arts, erans Claims to honor a dedicated pub- U.S. trade policy on our workers, that cultural and education organizations ‘‘those injured . . . should not be re- lic servant and a keen legal mind, and initiatives that have strengthened Judge William P. Greene, Jr. quired to bear the full brunt of the im- the fabric of many communities and pact. Rather, the burden of economic Judge Greene is a prime example of improved the quality of life for many an American who has dedicated himself adjustment should be borne in part by Idahoans. BBWI has been supportive of the federal government.’’ to the well being of our country and its Idaho small businesses; more than 80 I know that American workers can veterans. He was born in Bluefield, WV, percent of its contracts for materials compete and succeed in the global mar- a small coal town in the Appalachian kets when given a level playing field. and services are awarded to small busi- mountains. His grandfather worked on But for too long, our policy has been to nesses. In 2009, DOE recognized BBWI the rail cars transporting coal, but also encourage cheaper imports from coun- with its Small Business Achievement was a school teacher and instilled in tries with lax environmental standards Award and, in 2006, with DOE’s Mentor his family the value of education and ´ ´ and few protections for their workers. Protege award for the company’s rela- hard work. Judge Greene’s father con- TAA benefits help workers in the tionship with North Wind. tinued that example, working on the manufacturing and service sectors to It is a privilege to acknowledge a job railroads while pursuing a degree from adjust to a rapidly changing global well done. The significant achieve- Bluefield State College—an institution economy. This legislation will ensure ments of BBWI’s workforce and Jeff originally founded to train African- that this help remains available, espe- Mousseau’s leadership have resulted in American teachers who would then in- cially with so many people still out of the project being ahead of schedule and struct in the segregated schools. Judge work in Rhode Island and throughout under budget with a recognized safety Greene’s parents both graduated from the country. record. Thank you for your remarkable that institution and went on to teach service.∑ in their community. His father was f f then drafted after the attack on Pearl ADDITIONAL STATEMENTS REMEMBERING J. ROBB BRADY Harbor and went on to become a com- missioned officer and serve with the ∑ Mr. CRAPO. Mr. President, I rise famed ‘‘Buffalo Soldiers’’—the only Af- BECHTEL BWX TECHNOLOGIES today to honor the life of a distin- rican American infantry unit to see IDAHO LLC guished Idahoan, J. Robb Brady. I join combat in Europe during World War II. ∑ Mr. CRAPO. Mr. President, today I his family and friends in mourning his Judge Greene’s affinity and pride for recognize Bechtel BWX Technologies passing and paying tribute to his leg- the Buffalo Soldiers became a life-long Idaho LLC’s, BBWI, legacy at the Ad- acy. passion, as demonstrated by his in- vanced Mixed Waste Treatment Robb Brady is well known for his volvement in the construction and Project, AMWTP. work as a journalist and publisher of dedication of the Buffalo Soldier Monu- Under the leadership of Jeff the Idaho Falls Post Register, my ment in Fort Leavenworth, KS. In the Mousseau, appointed manager of the hometown newspaper. Starting at the portrait being unveiled, one of Judge project in November 2007, and with the Post Register in 1941, he advanced in Greene’s many Buffalo Soldier paint- commitment and dedication of the his field and served as publisher for ings can be seen in the background. skilled workforce, the AMWTP has more than 10 years. Throughout his ca- As a result of his father’s military flourished. Jeff Mousseau led the Bech- reer, he was a respected and knowl- career, Judge Greene moved a number tel team efficiently and safely to ex- edgeable voice. He earned a reputation of times during his formative years, ceed benchmarks. AMWTP went from as being a professional and principled and learned from an early age to get being 3 years behind to more than 3 journalist who was devoted to his wife along with a wide variety of people years ahead of scheduled requirements of 69 years, Rose, his family, work and under varying circumstances. He subse- to move waste out of Idaho. No other community. His talent and dedication quently put those skills and abilities to site in the U.S. Department of Energy, have been noted by many who worked good use as a citizen, a servicemember, DOE, Complex has enabled the perma- with him. He was also known for being and a leader in the legal field. nent disposal of as much radioactive humble, committed and compas- Before joining the U.S. Court of Ap- waste at the DOE Waste Isolation Pilot sionate. peals for Veterans Claims, Judge Plant more safely and compliantly In addition to his exemplary hard Greene graduated with a bachelor of than AMWTP. work, Robb Brady demonstrated a com- arts in political science from West Vir- The company’s dedicated employees mitment to the community and main- ginia State College, where he partici- have achieved a record of removing the taining Idaho’s natural resources. He pated in Army ROTC and accepted an

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5944 CONGRESSIONAL RECORD — SENATE September 23, 2011 Army Commission. He was designated EXECUTIVE MESSAGES REFERRED of the President of the Senate on September 22, 2011; to the Committee on Commerce, to serve with the Armor Branch, but As in executive session the Presiding while awaiting orders to jump school, Science, and Transportation. Officer laid before the Senate messages EC–3382. A communication from the Acting Judge Greene was offered acceptance to from the President of the United Director, Office of Sustainable Fisheries, De- the U.S. Army Judge Advocate Gen- States submitting sundry nominations partment of Commerce, transmitting, pursu- eral’s Corps on the condition that he which were referred to the appropriate ant to law, the report of a rule entitled take the LSAT and be admitted to a committees. ‘‘Fisheries of the Exclusive Economic Zone law school which was scheduled to Off Alaska; Reallocation of Pacific Cod in (The nominations received today are the Bering Sea and Aleutian Islands Manage- start in just a few weeks. Three years printed at the end of the Senate pro- later he received his law degree from ment Area’’ (RIN0648–XA673) received in the ceedings.) Office of the President of the Senate on Sep- Howard University School of Law, f tember 22, 2011; to the Committee on Com- passed the West Virginia Bar, and be- merce, Science, and Transportation. came an officer in the Army JAG MESSAGE FROM THE HOUSE EC–3383. A communication from the Acting Corps. He married his West Virginia Director, Office of Sustainable Fisheries, De- childhood sweetheart and spent the At 11:14 a.m., a message from the partment of Commerce, transmitting, pursu- next 25 years serving his country and House of Representatives, delivered by ant to law, the report of a rule entitled gaining lifelong respect for the men Mrs. Cole, one of its reading clerks, an- ‘‘Fisheries of the Exclusive Economic Zone nounced that the House agrees to the Off Alaska; Pollock in Statistical Area 630 in and women in uniform. He received the Gulf of Alaska’’ (RIN0648–XA685) received countless awards and honors for his amendment of the Senate to the bill (H.R. 2608) to provide for an additional in the Office of the President of the Senate service and expertise in both the law on September 22, 2011; to the Committee on temporary extension of programs under and the military, and he repeatedly Commerce, Science, and Transportation. demonstrated his great ability to the Small Business Act and the Small EC–3384. A communication from the Acting bridge racial tensions and brings more Business Investment Act of 1958, and Director, Office of Sustainable Fisheries, De- partment of Commerce, transmitting, pursu- African Americans into the Judge Ad- for other purposes, with an amend- ment, in which it requests the concur- ant to law, the report of a rule entitled vocate General’s Corps. ‘‘Fisheries of the Exclusive Economic Zone As he is known to say when speaking rence of the Senate. The message also announced that the Off Alaska; Other Rockfish, Other Flatfish, publically, one of Judge Greene’s life Sharks, and Skates in the Bering Sea and mottos is: ‘‘When opportunity knocks, House agreed to the following concur- Aleutian Islands Management Area’’ you can’t say ‘wait, let me pack my rent resolution, in which it requests (RIN0648–XA672) received in the Office of the bags.’ ’’ So when in 1993 another oppor- the concurrence of the Senate: President of the Senate on September 22, H. Con. Res. 81. Concurrent resolution di- 2011; to the Committee on Commerce, tunity presented itself, Greene took it, Science, and Transportation. and left the Army to serve as an immi- recting the Clerk of the House of Representa- tives to make a correction in the enrollment EC–3385. A communication from the Acting gration judge for the U.S. He worked of H.R. 2608. Director, Office of Sustainable Fisheries, De- tirelessly in that position, handling partment of Commerce, transmitting, pursu- thousands of immigration matters in f ant to law, the report of a rule entitled ‘‘Fisheries of the Exclusive Economic Zone the 3 years he served in that capacity. MEASURES PLACED ON THE Then, opportunity knocked again. It Off Alaska; Octopus in the Bering Sea and CALENDAR Aleutian Islands’’ (RIN0648–XA683) received was a proud day in 1997, when President The following bill was read the sec- in the Office of the President of the Senate Clinton appointed Judge Greene to the ond time, and placed on the calendar: on September 22, 2011; to the Committee on Court of Appeals for Veterans Claims. Commerce, Science, and Transportation. Until 1988, the Veterans Administra- S. 1619. A bill to provide for identification EC–3386. A communication from the Acting tion, now the U.S. Department of Vet- of misaligned currency, require action to Director, Office of Sustainable Fisheries, De- correct the misalignment, and for other pur- erans Affairs, was the only Federal partment of Commerce, transmitting, pursu- poses. ant to law, the report of a rule entitled agency that was not subject to judicial f ‘‘Fisheries of the Exclusive Economic Zone review. In a long overdue decision, the Off Alaska; Shallow-Water Species Fishery Senate Committee on Veterans’ Affairs EXECUTIVE AND OTHER by Vessels Using Trawl Gear in the Gulf of created the U.S. Court of Appeals for COMMUNICATIONS Alaska’’ (RIN0648–XA680) received in the Of- Veterans Claims with my full support. fice of the President of the Senate on Sep- The following communications were Veterans deserved judicial oversight tember 22, 2011; to the Committee on Com- laid before the Senate, together with and the creation of the court was a merce, Science, and Transportation. accompanying papers, reports, and doc- EC–3387. A communication from the Acting major accomplishment during his first uments, and were referred as indicated: Director, Office of Sustainable Fisheries, De- term in the Senate. As a skilled attor- partment of Commerce, transmitting, pursu- EC–3378. A communication from the Under ney and a veteran, Judge Greene ant to law, the report of a rule entitled Secretary of Defense (Policy), Department of brought a keen understanding of vet- ‘‘Fisheries of the Exclusive Economic Zone Defense, transmitting, pursuant to law, a re- Off Alaska; Pollock in Statistical Area 620 in erans’ issues to the bench. He served as port relative to Taiwan’s Air Defense Force; the Gulf of Alaska’’ (RIN0648–XA684) received the court’s chief judge from 2005 to to the Committee on Armed Services. 2010, and was known for his character in the Office of the President of the Senate EC–3379. A communication from the Chair- on September 22, 2011; to the Committee on and leadership during a time of tre- man and President of the Export-Import Commerce, Science, and Transportation. mendous growth and change at the Bank, transmitting, pursuant to law, a re- EC–3388. A communication from the Acting court. port relative to transactions involving U.S. Director, Office of Sustainable Fisheries, De- Although he officially retired last exports to Ethiopia; to the Committee on partment of Commerce, transmitting, pursu- year, his commitment to hard work Banking, Housing, and Urban Affairs. ant to law, the report of a rule entitled EC–3380. A communication from the Acting ‘‘Fisheries of the Exclusive Economic Zone continues and Judge Greene currently Director, Office of Sustainable Fisheries, De- serves as a senior judge on the Court of Off Alaska; Northern Rockfish, Pacific partment of Commerce, transmitting, pursu- Ocean Perch, and Pelagic Shelf Rockfish for Appeals for Veterans Claims. Judge ant to law, the report of a rule entitled Vessels Participating in the Rockfish Entry William P. Greene, Jr., is a soldier, a ‘‘Fisheries of the Exclusive Economic Zone Level Fishery’’ (RIN0648–XA678) received in jurist, and an American to be re- Off Alaska; Pollock in Statistical Area 630 in the Office of the President of the Senate on spected, and I am proud to recognize the Gulf of Alaska’’ (RIN0648–XA659) received September 22, 2011; to the Committee on and honor his service today.∑ in the Office of the President of the Senate Commerce, Science, and Transportation. on September 22, 2011; to the Committee on EC–3389. A communication from the Assist- Commerce, Science, and Transportation. ant Administrator for Fisheries, Office of f EC–3381. A communication from the Acting Sustainable Fisheries, Department of Com- Director, Office of Sustainable Fisheries, De- merce, transmitting, pursuant to law, the re- MESSAGES FROM THE PRESIDENT partment of Commerce, transmitting, pursu- port of a rule entitled ‘‘Atlantic Highly Mi- ant to law, the report of a rule entitled gratory Species; Atlantic Shark Manage- Messages from the President of the ‘‘Fisheries of the Northeastern United ment Measures’’ (RIN0648–BA69) received in United States were communicated to States; Northeast Multispecies Fishery; Trip the Office of the President of the Senate on the Senate by Mr. Pate, one of his sec- Limit Decrease for the Common Pool Fish- September 22, 2011; to the Committee on retaries. ery’’ (RIN0648–XA652) received in the Office Commerce, Science, and Transportation.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5945 EC–3390. A communication from the Dep- S. 1624. A bill to provide for the economical By Mr. SESSIONS (for himself, Mr. uty Assistant Administrator for Operations, production of various United States coins; to CARDIN, Mr. INHOFE, Mr. WICKER, Mr. National Marine Fisheries Service, Depart- the Committee on Banking, Housing, and BROWN of Massachusetts, Mr. KERRY, ment of Commerce, transmitting, pursuant Urban Affairs. Mr. SHELBY, Mr. CRAPO, Mr. JOHNSON to law, the report of a rule entitled ‘‘Fish- By Mr. MCCAIN: of South Dakota, Mr. LEE, Mr. eries of the Northeastern United States; At- S. 1625. A bill to restore the financial sol- CHAMBLISS, Mr. AKAKA, Mrs. BOXER, lantic Herring Fishery; Regulatory Amend- vency of the United States Postal Service Mr. KIRK, Mr. WYDEN, Mr. JOHANNS, ment’’ (RIN0648–BA79) received in the Office and to ensure the efficient and affordable na- and Mr. BLUNT): of the President of the Senate on September tionwide delivery of mail; to the Committee S. Res. 278. A resolution designating Sep- 22, 2011; to the Committee on Commerce, on Homeland Security and Governmental Af- tember 2011 as ‘‘National Prostate Cancer Science, and Transportation. fairs. Awareness Month’’; considered and agreed EC–3391. A communication from the Dep- By Mr. BROWN of Ohio (for himself, to. uty Assistant Administrator for Operations, Mr. THUNE, Mr. DURBIN, and Mr. By Mrs. GILLIBRAND (for herself and National Marine Fisheries Service, Depart- LUGAR): Ms. AYOTTE): ment of Commerce, transmitting, pursuant S. 1626. A bill to amend the Food, Con- S. Res. 279. A resolution expressing support to law, the report of a rule entitled ‘‘Fish- servation, and Energy Act of 2008 to reform for the designation of September 24, 2011, as eries of the Northeastern United States; agricultural programs by establishing the ‘‘Worldwide Day of Play’’; considered and Summer Flounder, Scup, and Black Sea Bass aggregate risk and revenue management pro- agreed to. Fisheries; 2011 Summer Flounder, Scup, and gram; to the Committee on Agriculture, Nu- By Mr. MENENDEZ (for himself, Mr. trition, and Forestry. Black Sea Bass Specifications; Correction’’ CORNYN, Mr. REID, Mr. UDALL of New By Mr. NELSON of Florida (for him- (RIN0648–XY82) received in the Office of the Mexico, Mr. UDALL of Colorado, Mr. self, Mr. SCHUMER, and Mr. REID): President of the Senate on September 22, BEGICH, Mr. REED, Mrs. MURRAY, Mrs. S. 1627. A bill to amend title XVIII of the 2011; to the Committee on Commerce, BOXER, Mr. BINGAMAN, Mr. NELSON of Social Security Act to provide for the dis- Science, and Transportation. Florida, Mr. COONS, Mrs. GILLIBRAND, tribution of additional residency positions, EC–3392. A communication from the Senior and Mrs. HUTCHISON): and for other purposes; to the Committee on Program Analyst, Federal Aviation Adminis- S. Res. 280. A resolution designating the Finance. tration, Department of Transportation, week beginning September 19, 2011, as ‘‘Na- By Mr. AKAKA (for himself, Mr. CAR- transmitting, pursuant to law, the report of tional Hispanic-Serving Institutions Week’’ a rule entitled ‘‘Amendment of Class E Air- PER, Mr. CARDIN, and Mr. COONS): S. 1628. A bill to provide for improvements and recognizing the achievements of the His- space; Clemson, SC’’ ((RIN2120–AA66)( Dock- panic Association of Colleges and Univer- et No. FAA–2011–0394)) received in the Office in the Federal hiring process, and for other purposes; to the Committee on Homeland Se- sities; considered and agreed to. of the President of the Senate on September By Mr. WHITEHOUSE (for himself, Mr. 21, 2011; to the Committee on Commerce, curity and Governmental Affairs. By Mrs. GILLIBRAND (for herself and BROWN of Massachusetts, Mr. AKAKA, Science, and Transportation. Mr. BLUMENTHAL, Mrs. BOXER, Mr. EC–3393. A communication from the Senior Mr. GRAHAM): CARDIN, Ms. COLLINS, Mrs. Program Analyst, Federal Aviation Adminis- S. 1629. A bill to amend title 38, United GILLIBRAND, Mr. KERRY, Ms. tration, Department of Transportation, States Code, to clarify presumptions relating LANDRIEU, Mr. LIEBERMAN, Mr. transmitting, pursuant to law, the report of to the exposure of certain veterans who MERKLEY, Ms. MIKULSKI, Mrs. MUR- a rule entitled ‘‘Airworthiness Directives; served in the vicinity of the Republic of RAY, Mr. REED, Ms. SNOWE, Mr. WAR- Eurocopter France (ECF) Model EC120B Heli- Vietnam, and for other purposes; to the Com- NER, Mr. WEBB, and Mr. WYDEN): copters’’ ((RIN2120–AA64) (Docket No. FAA– mittee on Veterans’ Affairs. S. Res. 281. A resolution designating Sep- 2011–0859)) received in the Office of the Presi- By Ms. LANDRIEU (for herself and Mr. tember 24, 2011, as ‘‘National Estuaries Day’’; dent of the Senate on September 19, 2011; to COCHRAN): S. 1630. A bill to amend the Robert T. Staf- considered and agreed to. the Committee on Commerce, Science, and ford Disaster Relief and Emergency Assist- By Mr. REID (for himself and Mr. Transportation. MCCONNELL): EC–3394. A communication from the Chief ance Act to allow for a more effective recov- S. Res. 282. A resolution to authorize testi- of Staff, Media Bureau, Federal Communica- ery from disasters, and for other purposes; to mony in Kanelos v. County of Mohave, et al. tions Commission, transmitting, pursuant to the Committee on Homeland Security and Governmental Affairs. and Zanna, et al. v. Mohave County, et al; law, the report of a rule entitled ‘‘In the By Mr. TESTER (for himself and Mr. considered and agreed to. Matter of Amendment of Parts 1, 73 and 76 of BEGICH): By Mr. NELSON of Florida (for him- the Commission’s Rules Regarding Practice S. 1631. A bill to authorize the establish- self, Ms. STABENOW, Mr. BROWN of and Procedure: Broadcast Applications and ment in the Department of Veterans Affairs Ohio, Mrs. HUTCHISON, Mr. VITTER, Proceedings; Radio Broadcast Services: Fair- of a center for technical assistance for non- Mr. AKAKA, Mr. PRYOR, Mr. ness Doctrine and Digital Broadcast Tele- Department health care providers who fur- LIEBERMAN, and Mr. DURBIN): vision Redistribution Control; Multichannel nish care to veterans in rural areas, and for S. Con. Res. 29. A concurrent resolution au- Video and Cable Television Service: Fairness other purposes; to the Committee on Vet- thorizing the use of the rotunda of the Doctrine, Personal Attacks, Political Edi- erans’ Affairs. United States Capitol for an event to present torials and Complaints Regarding Cable Pro- By Mr. MENENDEZ (for himself, Mr. the Congressional Gold Medal, collectively, gramming Service Rates’’ (DA 11–1432) re- SCHUMER, Mr. LEAHY, and Mr. to Neil A. Armstrong, Edwin E. ‘‘Buzz’’ ceived in the Office of the President of the CARDIN): Aldrin, Jr., Michael Collins, and John Her- Senate on September 22, 2011; to the Com- S. 1632. A bill to amend the Internal Rev- schel Glenn, Jr., in recognition of their sig- mittee on Commerce, Science, and Transpor- enue Code of 1986 to provide a look back rule nificant contributions to society; considered tation. in the case of federally declared disasters for and agreed to. f determining earned income for purposes of the child tax credit and the earned income f INTRODUCTION OF BILLS AND credit, and for other purposes; to the Com- JOINT RESOLUTIONS mittee on Finance. ADDITIONAL COSPONSORS The following bills and joint resolu- f S. 170 tions were introduced, read the first At the request of Mrs. BOXER, the SUBMISSION OF CONCURRENT AND and second times by unanimous con- name of the Senator from Rhode Island SENATE RESOLUTIONS sent, and referred as indicated: (Mr. WHITEHOUSE) was added as a co- By Mr. HELLER (for himself, Mr. The following concurrent resolutions sponsor of S. 170, a bill to provide for CORNYN, Mr. COBURN, and Mr. KYL): and Senate resolutions were read, and the affordable refinancing of mortgages S. 1622. A bill to recognize Jerusalem as referred (or acted upon), as indicated: held by Fannie Mae and Freddie Mac. the capital of Israel, to relocate to Jeru- URR By Mr. CARDIN (for himself, Mr. B , S. 431 salem the United States Embassy in Israel, and Mr. MENENDEZ): and for other purposes; to the Committee on S. Res. 276. A resolution expressing support At the request of Mr. PRYOR, the Foreign Relations. for the goals and ideals of National Infant name of the Senator from Missouri By Mr. CASEY (for himself, Mr. SCHU- Mortality Awareness Month of 2011; consid- (Mrs. MCCASKILL) was added as a co- MER, and Mrs. SHAHEEN): ered and agreed to. sponsor of S. 431, a bill to require the S. 1623. A bill to provide a processing ex- By Mr. FRANKEN (for himself, Mr. Secretary of the Treasury to mint tension for emergency mortgage relief pay- LUGAR, Mr. AKAKA, Mr. BAUCUS, Mr. coins in commemoration of the 225th ments, and for other purposes; to the Com- BEGICH, Mr. CARDIN, Mrs. MURRAY, anniversary of the establishment of the mittee on Banking, Housing, and Urban Af- Mr. WARNER, and Mrs. FEINSTEIN): fairs. S. Res. 277. A resolution recognizing the Nation’s first Federal law enforcement By Mr. BROWN of Massachusetts (for month of October 2011 as ‘‘National Prin- agency, the United States Marshals himself and Mr. KERRY): cipals Month’’; considered and agreed to. Service.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5946 CONGRESSIONAL RECORD — SENATE September 23, 2011 S. 968 protocol and guidelines, the establish- LEE) were added as cosponsors of S. At the request of Mr. LEAHY, the ment of victims advocates, the estab- 1595, a bill to prohibit funding for the name of the Senator from Florida (Mr. lishment of a Sexual Assault Advisory United Nations in the event the United NELSON) was added as a cosponsor of S. Council, and for other purposes. Nations grants Palestine a change in 968, a bill to prevent online threats to S. 1369 status from a permanent observer enti- economic creativity and theft of intel- At the request of Mr. CRAPO, the ty before a comprehensive peace agree- lectual property, and for other pur- name of the Senator from Wisconsin ment has been reached with Israel. poses. (Mr. JOHNSON) was added as a cosponsor S. 1597 S. 996 of S. 1369, a bill to amend the Federal At the request of Mr. BROWN of Ohio, At the request of Mr. ROCKEFELLER, Water Pollution Control Act to exempt the name of the Senator from Oregon the name of the Senator from Lou- the conduct of silvicultural activities (Mr. WYDEN) was added as a cosponsor isiana (Ms. LANDRIEU) was added as a from national pollutant discharge of S. 1597, a bill to provide assistance cosponsor of S. 996, a bill to amend the elimination system permitting require- for the modernization, renovation, and Internal Revenue Code of 1986 to extend ments. repair of elementary school and sec- the new markets tax credit through S. 1392 ondary school buildings in public 2016, and for other purposes. At the request of Ms. COLLINS, the school districts and community col- S. 1025 name of the Senator from Utah (Mr. leges across the United States in order At the request of Mr. LEAHY, the HATCH) was added as a cosponsor of S. to support the achievement of im- name of the Senator from Virginia (Mr. 1392, a bill to provide additional time proved educational outcomes in those WARNER) was added as a cosponsor of S. for the Administrator of the Environ- schools, and for other purposes. 1025, a bill to amend title 10, United mental Protection Agency to issue S. 1606 States Code, to enhance the national achievable standards for industrial, At the request of Mr. PORTMAN, the defense through empowerment of the commercial, and institutional boilers, names of the Senator from Missouri National Guard, enhancement of the process heaters, and incinerators, and (Mr. BLUNT) and the Senator from functions of the National Guard Bu- for other purposes. Texas (Mr. CORNYN) were added as co- reau, and improvement of Federal- S. 1421 sponsors of S. 1606, a bill to reform the State military coordination in domes- At the request of Mr. PORTMAN, the process by which Federal agencies ana- tic emergency response, and for other names of the Senator from North Da- lyze and formulate new regulations and purposes. kota (Mr. CONRAD), the Senator from guidance documents. S. 1048 Oregon (Mr. WYDEN), the Senator from S. 1616 At the request of Mr. MENENDEZ, the Hawaii (Mr. AKAKA) and the Senator At the request of Mr. MENENDEZ, the name of the Senator from Colorado from Oregon (Mr. MERKLEY) were added name of the Senator from New York (Mr. BENNET) was added as a cosponsor as cosponsors of S. 1421, a bill to au- (Mr. SCHUMER) was added as a cospon- of S. 1048, a bill to expand sanctions thorize the Peace Corps Commemora- sor of S. 1616, a bill to amend the Inter- imposed with respect to the Islamic tive Foundation to establish a com- nal Revenue Code of 1986 to exempt cer- Republic of Iran, North Korea, and memorative work in the District of Co- tain stock of real estate investment Syria, and for other purposes. lumbia and its environs, and for other trusts from the tax on foreign invest- S. 1094 purposes. ments in United States real property At the request of Mr. MENENDEZ, the S. 1551 interests, and for other purposes. name of the Senator from Missouri At the request of Mr. KIRK, the name S. RES. 232 (Mr. BLUNT) was added as a cosponsor of the Senator from Tennessee (Mr. At the request of Mr. JOHANNS, his of S. 1094, a bill to reauthorize the CORKER) was added as a cosponsor of S. name was added as a cosponsor of S. Combating Autism Act of 2006 (Public 1551, a bill to establish a smart card Res. 232, a resolution recognizing the Law 109–416). pilot program under the Medicare pro- continued persecution of Falun Gong S. 1133 gram. practitioners in China on the 12th anni- At the request of Mr. WYDEN, the S. 1584 versary of the campaign by the Chinese name of the Senator from North Caro- At the request of Mr. BENNET, the Communist Party to suppress the lina (Mr. BURR) was added as a cospon- name of the Senator from Connecticut Falun Gong movement, recognizing the sor of S. 1133, a bill to prevent the eva- (Mr. BLUMENTHAL) was added as a co- Tuidang movement whereby Chinese sion of antidumping and countervailing sponsor of S. 1584, a bill to provide for citizens renounce their ties to the Chi- duty orders, and for other purposes. additional quality control of drugs. nese Communist Party and its affili- S. 1203 S. 1585 ates, and calling for an immediate end At the request of Ms. SNOWE, the At the request of Mrs. BOXER, the to the campaign to persecute Falun name of the Senator from Georgia (Mr. name of the Senator from New Jersey Gong practitioners. CHAMBLISS) was added as a cosponsor of (Mr. MENENDEZ) was added as a cospon- S. RES. 241 S. 1203, a bill to amend title XVIII of sor of S. 1585, a bill to prohibit the ap- At the request of Mr. MENENDEZ, the the Social Security Act to provide for plication of certain restrictive eligi- name of the Senator from Vermont the coverage of home infusion therapy bility requirements to foreign non- (Mr. SANDERS) was added as a cospon- under the Medicare Program. governmental organizations with re- sor of S. Res. 241, a resolution express- S. 1211 spect to the provision of assistance ing support for the designation of No- At the request of Mrs. FEINSTEIN, the under part I of the Foreign Assistance vember 16, 2011, as National Informa- name of the Senator from Oregon (Mr. Act of 1961. tion and Referral Services Day. MERKLEY) was added as a cosponsor of S. 1588 S. RES. 251 S. 1211, a bill to amend the Federal At the request of Mr. WEBB, the At the request of Mr. CARPER, the Food, Drug, and Cosmetic Act to pre- names of the Senator from South Da- name of the Senator from Oregon (Mr. serve the effectiveness of medically im- kota (Mr. THUNE) and the Senator from WYDEN) was added as a cosponsor of S. portant antibiotics used in the treat- Nevada (Mr. HELLER) were added as co- Res. 251, a resolution expressing sup- ment of human and animal diseases. sponsors of S. 1588, a bill to protect the port for improvement in the collection, S. 1280 right of individuals to bear arms at processing, and consumption of recy- At the request of Mr. ISAKSON, the water resources development projects clable materials throughout the United name of the Senator from New York administered by the Secretary of the States. (Mr. SCHUMER) was added as a cospon- Army, and for other purposes. S. RES. 253 sor of S. 1280, a bill to amend the Peace S. 1595 At the request of Mr. HOEVEN, the Corps Act to require sexual assault At the request of Mr. HATCH, the name of the Senator from Missouri risk-reduction and response training, names of the Senator from Idaho (Mr. (Mr. BLUNT) was added as a cosponsor and the development of sexual assault CRAPO) and the Senator from Utah (Mr. of S. Res. 253, a resolution designating

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5947 October 26, 2011, as ‘‘Day of the De- Congress, however, continues to put up In the past, many agencies have tried ployed’’. political road blocks that prevent these to find exceptions to the competitive f closings and consolidations. This pro- hiring process, rather than making posal will take the politics out of the sure the competitive process works. STATEMENTS ON INTRODUCED process and allow the USPS to right- The competitive hiring process should BILLS AND JOINT RESOLUTIONS size its operations. be our most effective tool to ensure Mr. MCCAIN: Other provisions in the bill would re- that the Federal workforce is composed S. 1625. A bill to restore the financial quire arbitrators to take into account of the most qualified and able individ- solvency of the United States Postal the financial health of the Postal Serv- uals, who are appointed through a fair Service and to ensure the efficient and ice if labor contracts move to arbitra- and open process that is free from po- affordable nationwide delivery of mail; tion. It would also exempt USPS from litical interference. As agencies face to the Committee on Homeland Secu- the Davis-Bacon Act, the Service Con- budget reductions and restricted hir- rity and Governmental Affairs. tract Act, and other wage rules that in- ing, it is critical that they are able to Mr. MCCAIN. Mr. President, today I crease USPS contracting costs. attract top-notch candidates who are rise to introduce the Postal Reform The bill would require certain types up to the challenge of meeting agency Act of 2011, which will restore the fi- of mail that Postal Service loses missions with limited resources. We nancial health and long-term viability money on to cover their cost. In Fiscal must strengthen the competitive hir- of the United States Postal Service, year 2010, USPS lost nearly $1.7 billion ing process so that agencies do not USPS. This bill is the companion to on these type of ‘‘underwater’’ postal look for ways to avoid it. the bill Representative ISSA introduced products that failed to cover their As Chairman of the Subcommittee on in the House of Representatives in costs. For example, the Periodicals Oversight of Government Management, June of this year. I would like to thank class of mail, which includes news- the Federal Workforce, and the Dis- him for his leadership on this impor- papers and magazines, has not covered trict of Columbia, I have held multiple tant issue. its costs for 14 consecutive years, gen- hearings on the hiring process and According to the USPS, by 2020, they erating total losses of $4.3 billion over worked closely with the administration are expecting to face up to a $238 bil- that period. on its reform efforts. While the admin- lion shortfall. Even with dramatic cost The bill also contains common sense istration has been making some good savings of $12 billion and workforce re- language that would mandate that progress, we still hear stories of tal- duction of 110,000 postal employees in USPS employees pay the same health ented individuals who seek employ- the past four years, the Postal Service and life insurance premium percentage ment with the Federal Government, is expected to end this fiscal year with as other Federal workers. This is esti- only to grow frustrated with the ar- a $10 billion loss. mated to save the Postal Service $700 chaic hiring process and find work else- First-Class mail, which makes up million annually. where. more than half of the Postal Service Finally, this bill will allow the Post- Applying for a job in the Federal revenues, continues to fall at alarming al Service to move to 5–day delivery, at Government should be accessible and rates and shows no signs of ever recov- a savings of anywhere from $1.7 to $3.1 straightforward. Agencies still require ering. This combined with 80 percent billion annually. too much information upfront from labor costs and labor contracts that We can no longer choose to support candidates instead of an approach that contain ‘‘no-layoff’ clauses points to temporary fixes to the Postal Service. requires more information as the em- the fact that the Postal Service is bro- If we continue to act in this irrespon- ployee moves through the process. The ken. sible way, the American taxpayer will Federal Hiring Process Improvement Congress can no longer enact tem- be the one that ultimately suffers in Act will require agencies to streamline porary fixes that avert financial crisis the form of higher postage prices and their hiring practices. Agencies will be for only a brief period. Congress, the taxpayer bailouts. We must make hard required to stop using the dreaded Postal Service, labor unions, and the choices now so future generations of ‘‘knowledge, skills, and ability’’ essays mailing community must be willing to Americans will have a viable Postal and accept resumes and cover letters, lay everything on the table and make Service. as is standard in the private sector. Ad- hard choices now to save the Postal ditionally, the bill requires job post- Service for the future. I believe the By Mr. AKAKA (for himself, Mr. ings to be written in plain writing, so Postal Reform Act of 2011 will do just CARPER, Mr. CARDIN, and Mr. that candidates can readily understand that. COONS): what the job is and how to apply, and Two key provisions in this bill alone S. 1628. A bill to provide for improve- candidates would be notified of their would save the Postal Service billions ments in the Federal hiring process, status at key points in the process. of dollars annually. First, the bill and for other purposes; to the Com- Agencies will have to speed their hiring would create a Postal Service Finan- mittee on Homeland Security and Gov- processes to average no more than 80 cial Responsibility and Management ernmental Affairs. days. Assistance Authority, which is mod- Mr. AKAKA. Mr. President, today, Agencies need to continuously reas- eled after the District of Columbia con- along with Senators CARPER, CARDIN, sess their needs and strategies in order trol board Congress created to address and COONS, I am introducing the Fed- to maximize their recruitment and hir- the fiscal crises the city was facing in eral Hiring Process Improvement Act ing efforts. This bill requires agencies the mid 1990s. This authority, triggered of 2011. This bill will help agencies fix to develop strategic workforce plans by a USPS default on its Federal obli- the broken recruitment and hiring that include hiring projections and gations, would replace the Postal process in the Federal Government. I identify critical skills gaps. It also re- Board of Governors with mandates to am pleased that Representative SAR- quires agencies to measure the effec- cut costs, and put the USPS back on BANES is also introducing a companion tiveness of hiring efforts and reforms. the path to financial solvency. bill in the House today and I thank The Federal Government is the larg- The second key provision would cre- him for his work and his commitment est employer in the United States, and ate a Commission on Postal Reorga- to the Federal workforce. Federal service is a noble profession. nization that would use a BRAC like Every day, talented people interested Within the next 5 years, the Federal process to consolidate and close post in working for their government are Government is expected to face one of offices and mail processing facilities. turned away from Federal service be- the largest retirement waves in the Na- According to the Postal Service the cause of the frustrating and antiquated tion’s history, making the development ‘‘current mail processing network has hiring process. Too many Federal agen- of a new generation of workers even a capacity of over 250 billion pieces of cies have built barriers for new work- more vital. Agency leadership must mail per year when mail volume is now ers, done too little to recruit the right make reforming the recruitment and 160 billion pieces of mail. Right-sizing candidates, and invented an evaluation hiring process a top priority. I urge my the network is vital to the future of process that discourages qualified can- colleagues to support this important the Postal Service and its customers.’’ didates. bill.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5948 CONGRESSIONAL RECORD — SENATE September 23, 2011 Mr. President, I ask unanimous con- grounds before posting announcements of va- (2) NOTIFICATION.—A timely notification to sent that the text of the bill be printed cant positions; an applicant under this subsection shall be in the RECORD. (2) seek to develop relationships with tar- made upon— There being no objection, the text of geted and diverse applicant pools to encour- (A) receipt of an application by the em- age applications for high-quality applicants; ploying agency; the bill was ordered to be printed in and (B) determination of the qualification of the RECORD, as follows: (3) post announcements of vacant positions the applicant for the position; S. 1628 for a reasonable period of time. (C) referral to the selecting official, or Be it enacted by the Senate and House of Rep- (b) PUBLIC NOTICE REQUIREMENTS.—The re- when a decision is made not to refer the ap- resentatives of the United States of America in quirements of subsection (a) shall not super- plicant; and Congress assembled, sede public notice requirements. (D) selection of an applicant. (c) PLAIN WRITING REQUIREMENT.— SECTION 1. SHORT TITLE. (3) APPLICANTS NOT SELECTED.—The agency This Act may be cited as the ‘‘Federal Hir- (1) DEFINITION.—In this subsection, the shall notify any applicant who is not offered term ‘‘plain writing’’ has the meaning given ing Process Improvement Act of 2011’’. employment that the applicable position is under section 3 of the Plain Writing Act of not open, not later than 10 business days SEC. 2. DEFINITION. 2010 (5 U.S.C. 301 note). after the date on which— In this Act, the term ‘‘agency’’— (2) REQUIREMENT.—All Federal announce- (A) the selected candidate has accepted an (1) means an Executive agency as defined ments of vacant positions for competitive offer of employment; or under section 105 of title 5, United States positions shall be written in plain writing in (B) the announcement of the vacant posi- Code; and accordance with the Plain Writing Act of tion has been cancelled. (2) shall not include the Government Ac- 2010 (5 U.S.C. 301 note). SEC. 6. AGENCY HIRING PROCEDURES. countability Office. (d) CONTACT INFORMATION.—Announce- (a) ELIMINATION OF THE RULE OF THREE; SEC. 3. STRATEGIC WORKFORCE PLAN. ments of vacant positions shall include con- MULTIPLE SELECTIONS FROM ONE CERTIFI- (a) IN GENERAL.— tact information for applicants to seek fur- CATE.— (1) DEVELOPMENT OF PLAN.—Not later than ther information. (1) IN GENERAL.—Chapter 33 of title 5, 180 days after the date of enactment of this SEC. 5. APPLICATION PROCESS AND NOTIFICA- United States Code, is amended by striking Act and in every subsequent year, the head TION REQUIREMENTS. section 3317 and inserting the following: of each agency, in consultation with the Of- (a) APPLICATION PROCESS.—Not later than ‘‘§ 3317. Competitive service; certification and fice of Personnel Management and the Office 180 days after the date of enactment of this selection using numerical ratings of Management and Budget, shall develop a Act and in consultation with the Office of strategic workforce plan as part of the agen- Personnel Management and the Office of ‘‘(a) CERTIFICATIONS.—The Office of Per- sonnel Management, or an agency to which cy performance plan required under section Management and Budget, the head of each the Office has delegated examining authority 1115 of title 31, United States Code, to in- agency shall ensure that processes are imple- under section 1104(a)(2), shall certify a suffi- clude— mented to— cient number of names from the top of the (A) hiring projections, including occupa- (1) ensure that positions that are on the appropriate register or list of eligibles for an announcements of vacant positions are open tion and grade level; appointing authority who has requested a for a reasonable period of time as determined (B) long-term and short-term strategic certificate of eligibles to consider when fill- by the head of the agency to allow applicants human capital planning to address critical ing a position in the competitive service. skills deficiencies; from diverse backgrounds time to submit an ‘‘(b) SELECTIONS.— (C) recruitment strategies to attract high- application; ‘‘(1) IN GENERAL.—An appointing authority ly qualified candidates from diverse back- (2) allow applicants to submit a cover let- shall select for appointment from the eligi- grounds; ter, resume, and answers to brief questions, bles available for appointment on the certifi- (D) streamlining the hiring process to con- such as questions relating to United States cate provided under subsection (a), unless ob- form with the provisions in this Act; and citizenship and veterans status, to complete jection to 1 or more of the individuals cer- (E) a specific analysis of the contractor an initial application; tified is made to, and sustained by, the Office workforce, whether the balance between (3) not require lengthy writing require- of Personnel Management or the relevant work being performed by the Federal work- ments such as knowledge, skills, and ability agency for proper and adequate reason. force and the contractor workforce should be essays as part of an initial application; ‘‘(2) OTHER APPOINTING AUTHORITIES.—Not adjusted, and the capacity of the agency to (4) allow applicants to submit application later than 240 days after the date of issuance manage employees who are not Federal em- materials in a variety of formats, including of a certificate under subsection (a), other ployees and are doing the work of the Gov- word processing documents and portable doc- appointing authorities may select from that ernment. ument format; certificate for similar positions in the same (2) INCLUSION IN PERFORMANCE PLAN.—Sec- (5) not require any applicant to provide a occupational series and at the same grade tion 1115(a) of title 31, United States Code, is social security number or any other personal level without any additional posting under amended— identifying information unnecessary for the section 3327. (A) in paragraph (5), by striking ‘‘and’’ initial review of an applicant for a position; ‘‘(c) PREFERENCE ELIGIBLES.— after the semicolon; (6) not require the submission of additional ‘‘(1) PASS OVERS.— (B) in paragraph (6), by striking the period material in support of an application, such ‘‘(A) IN GENERAL.—If an appointing author- and inserting ‘‘; and’’; and as educational transcript, proof of veterans ity proposes to pass over a preference eligi- (C) by adding at the end the following: status, and professional certifications, unless ble on a certificate in order to select an indi- ‘‘(7) include the strategic workforce plan necessary to complete the hiring process; vidual who is not a preference eligible, that developed under section 3 of the Federal Hir- (7) provide for a valid, position-related as- appointing authority shall submit a state- ing Process Improvement Act of 2011.’’. sessment process to help identify the best ment of reasons to the Office of Personnel (b) HIRING PROJECTIONS.—Agencies shall candidates for the position to be filled and Management for passing over the preference make hiring projections made under stra- which does not place an unreasonable burden eligible. tegic workforce plans available to the public, upon applicants; ‘‘(B) REASONS FOR PASS OVERS.— including on agency websites. (8) ensure that applicants are given a rea- ‘‘(i) RECORD.—The Office shall make the (c) SUBMISSION TO THE OFFICE OF PER- sonable amount of time after the closing reasons submitted by the appointing author- SONNEL MANAGEMENT.—Each agency stra- date of the announcement of a vacant posi- ity part of the record of the preference eligi- tegic workforce plan shall be submitted to tion to provide additional necessary infor- ble and may require the submission of more the Office of Personnel Management. mation; and detailed information from the appointing au- (d) GOVERNMENTWIDE STRATEGIC WORK- (9) include the hiring manager in all parts thority in support of the passing over of the FORCE PLAN.—Based on the agency plans sub- of the hiring process, including— preference eligible. mitted under subsection (a), the Office of (A) targeted recruitment; ‘‘(ii) REVIEW.—The Office shall— Personnel Management shall— (B) drafting the announcement of the va- ‘‘(I) review the reasons submitted by the (1) develop a governmentwide strategic cant position; appointing authority; and workforce plan updated at least annually to (C) review of the initial applications; ‘‘(II) determine the sufficiency or insuffi- include the contents described under sub- (D) interviewing the applicants; and ciency of the reasons, taking into account section (a)(1) on a governmentwide basis; and (E) the final decisionmaking process. any response received by the Office from the (2) make such plan available to the Presi- (b) NOTIFICATION REQUIREMENTS.— preference eligible based on the reasons dent, Congress, and the public. (1) IN GENERAL.—In consultation with the made available under or paragraph (3). SEC. 4. FEDERAL ANNOUNCEMENTS OF VACANT Chief Human Capital Officers Council, the ‘‘(C) FINDINGS.—After the Office has com- POSITIONS. head of each agency shall ensure there are pleted the review under subparagraph (B) of (a) TARGETED ANNOUNCEMENTS.—In con- mechanisms under which each applicant for the proposed passover, the Office shall send sultation with the Chief Human Capital Offi- a vacant position shall receive timely notifi- its findings to the appointing authority and cers Council, the head of each agency shall— cation of the status of each application or to the preference eligible. The appointing au- (1) take steps necessary to identify highly provide the applicant the ability to check on thority shall comply with the findings of the qualified applicant pools with diverse back- the status of each application. Office.

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‘‘(2) PREFERENCE ELIGIBLES.—In the case of other appointing authorities may select from ‘‘ø3318. Repealed.¿ a preference eligible not described under that certificate for similar positions in the ‘‘3319. Competitive service; selection using paragraph (3)(A), upon the request of that same occupational series and at the same category rating. preference eligible (or the representative of grade level in accordance with subsection (c) ‘‘3320. Excepted service; government of the that preference eligible) the Office of Per- without any additional posting under section District of Columbia; selection. sonnel Management shall provide a copy of— 3327.’’. ‘‘3321. Competitive service; probationary pe- ‘‘(A) the reasons for the proposed pass over (4) EXCEPTED SERVICE; GOVERNMENT OF THE riod. submitted by the appointing authority under DISTRICT OF COLUMBIA; SELECTION.—Section ‘‘ø3322. Repealed.¿ paragraph (1)(A); and 3320 of title 5, United States Code, is amend- ‘‘3323. Automatic separations; reappoint- ‘‘(B) the findings of the Office under para- ed by striking ‘‘sections 3308-3318’’ and in- ment; reemployment of annu- graph (1)(C). serting ‘‘sections 3308 through 3319’’. itants. ‘‘(3) PREFERENCE ELIGIBLES WITH CERTAIN (b) REPORTING AND POSTING EMPLOYMENT ‘‘3324. Appointments to positions classified DISABILITIES.— OPPORTUNITIES.— above GS–15. ‘‘(A) NOTIFICATIONS.—In the case of a pref- (1) GOVERNMENTWIDE LIST OF VACANT POSI- ‘‘3325. Appointments to scientific and profes- erence eligible described under section TIONS.—Section 3330 of title 5, United States sional positions. 2108(3)(C) who has a compensable service- Code, is repealed. ‘‘3326. Appointments of retired members of connected disability of 30 percent or more, (2) CIVIL SERVICE POSITIONS LIST.—Chapter the armed forces to positions in the appointing authority shall provide noti- 33 of title 5, United States Code, is amended the Department of Defense. fication to the preference eligible of— by striking section 3327 and inserting the fol- ‘‘3327. Civil service positions list. ‘‘(i) the proposed pass over; lowing: ‘‘3328. Selective Service registration. ‘‘(ii) the reasons for the proposed pass over; ‘‘§ 3327. Civil service positions list ‘‘3329. Appointments of military reserve and ‘‘(a) DEFINITIONS.—In this section— technicians to positions in the ‘‘(iii) the right of the preference eligible to ‘‘(1) the term ‘agency’— competitive service. respond to those reasons to the Office of Per- ‘‘(A) means an Executive agency as defined ‘‘ø3330. Repealed.¿’’. sonnel Management or the relevant agency under section 105; and SEC. 7. TRAINING. not later than 15 days after the date of the ‘‘(B) includes the Government Printing Of- Not later than 120 days after the date of receipt of the notification. fice; and enactment of this Act— ‘‘(B) TIMING OF NOTIFICATIONS.—The ap- ‘‘(2) the term ‘covered position’ means a (1) in consultation with the Chief Human pointing authority shall provide notification position— Capital Officers Council, the Office of Per- to the preference eligible under subpara- ‘‘(A) in the competitive service (other than sonnel Management shall develop and notify graph (A) at the same time the appointing a position established for a period not ex- agencies of a training program for human re- authority provides notification to the Office ceeding 18 months); or sources professionals to implement the re- of Personnel Management under paragraph ‘‘(B) a position in the Senior Executive quirements of this Act; and (1). Service. (2) each agency shall develop and submit to ‘‘(C) DEMONSTRATION OF NOTIFICATIONS.— ‘‘(b) VACANT COVERED POSITIONS.—Subject the Office of Personnel Management a plan Before completing the review under para- to regulations prescribed under subsection to implement the training program. graph (1) with respect to a preference eligible (e), each agency shall promptly provide noti- described under section 2108(3)(C) who has a SEC. 8. REDUCTION IN THE LENGTH OF THE HIR- fication to the Office of Personnel Manage- ING PROCESS. compensable service-connected disability of ment of vacant covered positions in the (a) AGENCY PLANS.—Unless the Office of 30 percent or more, the Office shall require a agency for which the agency seeks applica- Personnel Management certifies an agency demonstration by the appointing authority tions from individuals who are not employ- already has a plan in effect, the head of each that a timely notification under subpara- ees of that agency. agency shall develop a plan to reduce the graph (A) was sent to the last known address ‘‘(c) LIST.— length of the hiring process, which shall in- of the preference eligible. ‘‘(1) ESTABLISHMENT AND MAINTENANCE.— ‘‘(4) NONDELEGATION OF FUNCTIONS.—In the The Office of Personnel Management shall clude an analysis of the current hiring proc- case of a preference eligible described under establish and maintain a comprehensive list ess performed in accordance with standards paragraph (3), the functions of the Office of of vacant positions within each agency for established by the Office of Personnel Man- Personnel Management under this sub- which applications are currently being ac- agement. section may not be delegated. cepted or will soon be accepted. (b) REQUIREMENTS.—To the extent prac- tical, each agency shall fill identified vacan- ‘‘(d) REEMPLOYMENT.—If the names of pref- ‘‘(2) CONTENTS AND AVAILABILITY.—The list erence eligibles are on a reemployment list established and maintained under this sub- cies not later than an average of 80 calendar appropriate for the position to be filled, a section shall— days after the date of identification of the nominating or appointing authority may ap- ‘‘(A) include— vacancy. point from a register of eligibles established ‘‘(i) a brief description of each position, in- (c) REPORTS.—Each agency shall submit an after examination only an individual who cluding the title, expected duration, loca- annual report to Congress on the average pe- qualifies as a preference eligible under sec- tion, and rate of pay of the position; riod of time required to fill each position, tion 2108(3)(C) through (G). ‘‘(ii) the period during which applications and whether such positions are cancelled or ‘‘(e) REGULATIONS.—The Office of Personnel will be accepted; reopened. Management shall prescribe regulations to ‘‘(iii) application procedures, including SEC. 9. MEASURES OF FEDERAL HIRING EFFEC- carry out this section, including regulations who may apply, and procedures for obtaining TIVENESS. for the establishment of mechanisms, such additional information; (a) IN GENERAL.—Each agency shall meas- as advanced determination of score, for iden- ‘‘(iv) the conditions under which applicants ure and collect information on indicators of tifying the eligibles who will be considered hiring effectiveness relating to— for appointment.’’. may be considered; and ‘‘(v) any other information the Office con- (1) recruiting and hiring, including the— (2) COMPETITIVE SERVICE; SELECTION FROM siders appropriate; and (A) ability to reach and recruit highly CERTIFICATES.— ‘‘(B) be made available to the public, in qualified talent from diverse talent pools; (A) REPEAL.—Section 3318 of title 5, United (B) use and impact of each hiring authority States Code, is repealed. such form as the Office requires in regula- tions prescribed under subsection (e). and flexibility to recruit most qualified ap- (B) TECHNICAL AND CONFORMING AMEND- ‘‘(d) FEES.— plicants, including the use of student intern- MENT.—Section 3304(a)(3) of title 5, United ‘‘(1) CHARGING.—The Office of Personnel ships and scholarship programs as a talent States Code, is amended by striking ‘‘3318’’ Management may charge fees to agencies for pool for permanent hires; and inserting ‘‘3317’’. services provided under this section and for (C) use and impact of special hiring au- (3) COMPETITIVE SERVICE; SELECTION USING related Federal employment information. thorities and flexibilities to recruit diverse CATEGORY RATING.—Section 3319 of title 5, ‘‘(2) RETAINING AND USE.—The Office shall candidates, including veteran, minority, and United States Code, is amended— retain fees collected under this subsection to disabled candidates; (A) by striking the section heading and in- pay the costs of providing the services and (D) age, educational level, and source of serting the following: information. applicants; ‘‘§ 3319. Competitive service; selection using ‘‘(e) REGULATIONS.—The Office of Personnel (E) length of time between the time a posi- category rating’’; Management shall prescribe regulations to tion is advertised and the time a first offer of (B) in subsection (c)(2) by striking ‘‘section carry out this section.’’. employment is made; 3317(b) or 3318(b)’’ and inserting ‘‘section (c) TECHNICAL AND CONFORMING AMEND- (F) length of time between the time a first 3317(c)’’; MENT.—The table of sections for chapter 33 of offer of employment for a position is made (C) by redesignating subsections (d) and (e) title 5, United States Code, is amended by and the time a new hire starts in that posi- as subsections (e) and (f), respectively; and striking the items relating to sections 3317 tion; (D) by inserting after subsection (c) the through 3330 and inserting the following: (G) number of internal and external appli- following: ‘‘3317. Competitive service; certification and cants for Federal positions; ‘‘(d) Not later than 240 days after the date selection using numerical rat- (H) number of positions filled compared to a certificate under this section is issued, ings. the specific number in the annual workforce

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5950 CONGRESSIONAL RECORD — SENATE September 23, 2011 plan of the agency, with specific reference to (b) CONSULTATION.—The Director of the Of- SENATE RESOLUTION 277—RECOG- mission-critical occupations or areas of crit- fice of Personnel Management shall consult NIZING THE MONTH OF OCTOBER ical shortage deficiencies; and the Chief Human Capital Officers Council in 2011 AS ‘‘NATIONAL PRINCIPALS (I) number of offers accepted compared to the development of regulations under this MONTH’’ the number of offers made for permanent po- section. sitions; Mr. FRANKEN (for himself, Mr. (2) hiring manager assessment, including— f LUGAR, Mr. AKAKA, Mr. BAUCUS, Mr. (A) manager satisfaction with the quality BEGICH, Mr. CARDIN, Mrs. MURRAY, Mr. of the applicants interviewed and new hires; SUBMITTED RESOLUTIONS WARNER, and Mrs. FEINSTEIN) sub- (B) manager satisfaction with the match mitted the following resolution; which between the skills of newly hired individuals and the needs of the agency; was considered and agreed to: S. RES. 277 (C) manager satisfaction with the hiring SENATE RESOLUTION 276—EX- process and hiring outcomes; PRESSING SUPPORT FOR THE Whereas the National Association of Sec- (D) any mission-critical deficiency closed ondary School Principals and the National by new hires and the connection between GOALS AND IDEALS OF NA- Association of Elementary School Principals mission-critical deficiencies and annual TIONAL INFANT MORTALITY have declared the month of October 2011 as agency performance; and AWARENESS MONTH OF 2011 ‘‘National Principals Month’’; (E) manager satisfaction with the length of Mr. CARDIN (for himself, Mr. BURR, Whereas principals are educational vision- time to fill a position; aries, instructional and assessment leaders, and Mr. MENENDEZ) submitted the fol- (3) applicant satisfaction with the hiring disciplinarians, community builders, budget process, including— lowing resolution; which was consid- analysts, facilities managers, and adminis- (A) the clarity of the announcement of the ered and agreed to: trators of legal and contractual obligations; vacant position; S. RES. 276 Whereas principals work collaboratively (B) the reasons for withdrawal of any ap- Whereas ‘‘infant mortality’’ refers to the with teachers and parents to develop and im- plication; death of a baby before his or her first birth- plement a clear mission, high curriculum (C) the user-friendliness of the application day; standards, and performance goals; process; Whereas the United States ranks 41st Whereas principals create school environ- (D) communication regarding status of ap- among industrialized countries in the rate of ments that facilitate great teaching and plication; and infant mortality; learning and continuous school improve- (E) the timeliness of hiring decision; and Whereas high rates of infant mortality are ment; (4) new hire assessment, including— especially prevalent in communities with Whereas the vision, actions, and dedication (A) new hire satisfaction with the hiring large minority populations, high rates of un- of principals provide the mobilizing force be- process, including— employment and poverty, and limited access hind any school reform effort; and (i) the clarity of the announcement of the to safe housing and medical providers; Whereas the celebration of ‘‘National Prin- vacant position; Whereas premature birth is a leading cause cipals Month’’ would honor elementary (ii) the user-friendliness of the application of infant mortality; school, middle school, and high school prin- process; Whereas according to the Institute of Med- cipals, and recognize the importance of prin- (iii) communication regarding status of ap- icine of the National Academies, premature cipals in ensuring that every child has access plication; and birth costs the United States more than to a high-quality education: Now, therefore, (iv) the timeliness of hiring decision; $26,000,000,000 annually; be it (B) satisfaction with the onboarding expe- Whereas infant mortality can be substan- Resolved, That the Senate— rience, including— tially reduced through community-based (1) recognizes the month of October 2011 as (i) the timeliness of onboarding after the services such as outreach, home visitation, ‘‘National Principals Month’’; and hiring decision; case management, health education, and (2) honors the contribution of principals in (ii) the welcoming and orientation proc- interconceptional care; the elementary schools, middle schools, and esses; and Whereas support for community-based pro- high schools of our Nation by supporting the (iii) being provided with timely and useful grams to reduce infant mortality can result goals and ideals of ‘‘National Principals new employee information and assistance; in lower future spending on medical inter- Month’’. (C) new hire attrition; ventions, special education, and other social f (D) investment in training and develop- services that may be needed for infants and ment for employees during their first year of children who are born with a low birth SENATE RESOLUTION 278—DESIG- employment; and weight; NATING SEPTEMBER 2011 AS (E) other indicators and measures as re- Whereas the Department of Health and ‘‘NATIONAL PROSTATE CANCER quired by the Office of Personnel Manage- Human Services, through the Office of Mi- AWARENESS MONTH’’ ment. nority Health, has implemented the ‘‘A Mr. SESSIONS (for himself, Mr. (b) REPORTS.— Healthy Baby Begins With You’’ campaign; CARDIN, Mr. INHOFE, Mr. WICKER, Mr. (1) IN GENERAL.—Each agency shall submit Whereas the Maternal and Child Health on an annual basis and in accordance with Bureau of the Health Resources and Services BROWN of Massachusetts, Mr. KERRY, regulations prescribed under subsection (c) Administration has provided national leader- Mr. SHELBY, Mr. CRAPO, Mr. JOHNSON of the information collected under subsection ship on the issue of infant mortality; South Dakota, Mr. LEE, Mr. (a) to the Office of Personnel Management. Whereas public awareness and education CHAMBLISS, Mr. AKAKA, Mrs. BOXER, (2) AVAILABILITY OF RECRUITING AND HIRING campaigns on infant mortality are held dur- Mr. KIRK, Mr. WYDEN, Mr. JOHANNS, INFORMATION.—Each year the Office of Per- ing the month of September each year; and and Mr. BLUNT) submitted the fol- sonnel Management shall provide the infor- Whereas September 2011 has been des- mation submitted under paragraph (1) in a lowing resolution; which was consid- ignated as ‘‘National Infant Mortality ered and agreed to: consistent format to allow for a comparison Awareness Month’’: Now, therefore, be it of hiring effectiveness and experience across Resolved, That the Senate— S. RES. 278 demographic groups and agencies to— (1) supports the goals and ideals of Na- Whereas countless families in the United (A) Congress before that information is tional Infant Mortality Awareness Month States live with prostate cancer; made publicly available; and 2011; Whereas 1 in 6 males in the United States (B) the public on the website of the Office (2) supports efforts to educate people in the will be diagnosed with prostate cancer in his not later than 90 days after the submission of United States about infant mortality and lifetime; the information under paragraph (1). the factors that contribute to infant mor- Whereas prostate cancer is the most com- (c) REGULATIONS.—Not later than 180 days tality; monly diagnosed non-skin cancer and the after the date of enactment of this Act, the (3) supports efforts to reduce infant deaths, second most common cause of cancer-related Director of the Office of Personnel Manage- low birth weight, pre-term births, and dis- deaths among males in the United States; ment shall prescribe regulations directing parities in perinatal outcomes; Whereas in 2011, the American Cancer Soci- the methodology, timing, and reporting of (4) recognizes the critical importance of in- ety estimates that 240,890 males in the the data described in subsection (a). cluding efforts to reduce infant mortality United States will be diagnosed with pros- SEC. 10. REGULATIONS. and the factors that contribute to infant tate cancer, and 33,720 males will die from (a) IN GENERAL.—Except as provided under mortality as part of prevention and wellness the disease; section 9(c), not later than 120 days after the strategies; and Whereas 30 percent of newly diagnosed date of enactment of this Act, the Director (5) calls upon the people of the United prostate cancer cases occur in males under of the Office of Personnel Management shall States to observe National Infant Mortality the age of 65; prescribe regulations as necessary to carry Awareness Month with appropriate programs Whereas approximately every 14 seconds, a out this Act. and activities. male in the United States turns 50 years old

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5951 and increases his odds of developing cancer, tripled and approximately 12,500,000, or 17 Whereas celebrating the vast contributions including prostate cancer; percent, of children and adolescents in the of Hispanic-serving institutions to the Whereas African-American males suffer United States are obese; United States strengthens the culture of the from a prostate cancer incidence rate that is Whereas according to the American Acad- United States; up to 65 percent higher than White males and emy of Pediatrics study entitled ‘‘The Im- Whereas the achievements and goals of have double the prostate cancer mortality portance of Play in Promoting Healthy Child Hispanic-serving institutions are deserving rate of White males; Development and Maintaining Strong Par- of national recognition; Whereas obesity is a significant predictor ent-Child Bonds’’— Whereas 2011 marks the 25th anniversary of of the severity of prostate cancer; (1) play is essential to development be- the establishment of the Hispanic Associa- Whereas the probability that obesity will cause play contributes to the cognitive, tion of Colleges and Universities, an organi- lead to death and high cholesterol levels is physical, social, and emotional well-being of zation that works to improve the capacity of strongly associated with advanced prostate children and youth; Hispanic-serving institutions in helping stu- cancer; (2) play offers an ideal opportunity for par- dents across the United States succeed; Whereas males in the United States with 1 ents to engage fully with children; and Whereas the Hispanic Association of Col- family member diagnosed with prostate can- (3) despite the benefits derived from play leges and Universities fulfills its mission by cer have a 1 in 3 chance of being diagnosed for both children and parents, time for free promoting the development of member col- play has been significantly reduced for some with the disease, males with 2 family mem- leges and universities, improving access to, children and youth in the United States; bers diagnosed have an 83 percent chance, and the quality of, postsecondary edu- Whereas Worldwide Day of Play is the cen- and males with 3 family members diagnosed cational opportunities for Hispanic students, terpiece of The Big Help, the long-term com- have a 97 percent chance; and meeting the needs of business, industry, mitment of Nickelodeon to empower chil- Whereas screening by a digital rectal ex- and government through the development dren and families by providing the tools and amination and a prostate-specific antigen and sharing of resources, information, and information children and families need to blood test can detect the disease at the early expertise; and take action on the issues children and fami- stages, increasing the chances of survival for Whereas the week beginning September 19, lies care about; more than 5 years to nearly 100 percent; 2011, would be an appropriate week for na- Whereas in each of the 50 States and in 13 tional recognition of Hispanic-serving insti- Whereas only 33 percent of males survive countries, including at United States mili- more than 5 years if diagnosed during the tutions: Now, therefore, be it tary bases around the globe, children and Resolved, That the Senate— late stages of the disease; families celebrate Worldwide Day of Play; Whereas there are no noticeable symptoms (1) recognizes the achievements and goals Whereas on September 24, 2011, Nickel- of Hispanic-serving institutions across the of prostate cancer while it is still in the odeon will host the 8th annual Worldwide early stages, making screening critical; United States; Day of Play; (2) recognizes the achievements of the His- Whereas ongoing research promises further Whereas in 2011, in collaboration with the improvements in prostate cancer prevention, panic Association of Colleges and Univer- Let’s Move! campaign started by First Lady sities throughout the 25 years since the es- early detection, and treatment; and Michelle Obama and the President’s Council Whereas educating people in the United tablishment of the organization; on Fitness, Sports and Nutrition, the Nickel- (3) designates the week beginning Sep- States, including health care providers, odeon Worldwide Day of Play will be held on about prostate cancer and early detection tember 19, 2011, as ‘‘National Hispanic-Serv- the Ellipse in Washington, District of Colum- ing Institutions Week’’; and strategies is crucial to saving the lives of bia; (4) calls on the people of the United States males and preserving and protecting fami- Whereas September 24, 2011, would be an and interested groups to observe the week lies: Now, therefore, be it appropriate date to designate as Worldwide with appropriate ceremonies, activities, and Resolved, That the Senate— Day of Play: Now, therefore, be it (1) designates September 2011 as ‘‘National programs to demonstrate support for His- Resolved, That the Senate supports the des- panic-serving institutions. Prostate Cancer Awareness Month’’; ignation of September 24, 2011, as ‘‘World- (2) declares that steps should be taken— wide Day of Play’’. f (A) to raise awareness about the impor- f SENATE RESOLUTION 281—DESIG- tance of screening methods for, and treat- NATING SEPTEMBER 24, 2011, AS ment of, prostate cancer; SENATE RESOLUTION 280—DESIG- (B) to increase research funding that is NATING THE WEEK BEGINNING ‘‘NATIONAL ESTUARIES DAY’’ commensurate with the burden of prostate SEPTEMBER 19, 2011, AS ‘‘NA- Mr. WHITEHOUSE (for himself, Mr. cancer so that— TIONAL HISPANIC-SERVING IN- BROWN of Massachusetts, Mr. AKAKA, (i) screening and treatment for prostate STITUTIONS WEEK’’ AND RECOG- Mr. BLUMENTHAL, Mrs. BOXER, Mr. cancer may be improved; CARDIN, Ms. COLLINS, Mrs. GILLIBRAND, (ii) the causes of prostate cancer may be NIZING THE ACHIEVEMENTS OF Mr. KERRY, Ms. LANDRIEU, Mr. discovered; and THE HISPANIC ASSOCIATION OF (iii) a cure for prostate cancer may be de- COLLEGES AND UNIVERSITIES LIEBERMAN, Mr. MERKLEY, Ms. MIKUL- SKI, Mrs. MURRAY, Mr. REED of Rhode veloped; and Mr. MENENDEZ (for himself, Mr. Island, Ms. SNOWE, Mr. WARNER, Mr. (C) to continue to consider ways for im- CORNYN, Mr. REID of Nevada, Mr. proving access to, and the quality of, health WEBB, and Mr. WYDEN) submitted the UDALL of New Mexico, Mr. UDALL of care services for detecting and treating pros- following resolution; which was consid- Colorado, Mr. BEGICH, Mr. REED of tate cancer; and ered and agreed to: Rhode Island, Mrs. MURRAY, Mrs. (3) calls on the people of the United States, S. RES. 281 interested groups, and affected persons— BOXER, Mr. BINGAMAN, Mr. NELSON of Whereas the estuary regions of the United (A) to promote awareness of prostate can- Florida, Mr. COONS, Mrs. GILLIBRAND, States comprise a significant share of the cer; and Mrs. HUTCHISON) submitted the fol- national economy, with 43 percent of the (B) to take an active role in the fight to lowing resolution; which was consid- population, 40 percent of the employment, end the devastating effects of prostate can- ered and agreed to: and 49 percent of the economic output of the cer on individuals, families, and the econ- S. RES. 280 United States located in the estuary regions omy; and Whereas Hispanic-serving institutions play of the United States; (C) to observe National Prostate Cancer an important role in educating many under- Whereas coasts and estuaries contribute Awareness Month with appropriate cere- privileged students and helping those stu- more than $800,000,000,000 annually in trade monies and activities. dents attain their full potential through and commerce to the United States econ- f higher education; omy; SENATE RESOLUTION 279—EX- Whereas Hispanic-serving institutions are Whereas more than 43 percent of all adults PRESSING SUPPORT FOR THE degree-granting institutions that have a full- in the United States visit a sea coast or estu- time equivalent undergraduate enrollment of ary at least once a year to participate in DESIGNATION OF SEPTEMBER 24, at least 25 percent Hispanic students; some form of recreation, generating 2011, AS ‘‘WORLDWIDE DAY OF Whereas in 2010, there were 307 Hispanic- $8,000,000,000 to $12,000,000,000 in revenue an- PLAY’’ serving institutions in the United States, en- nually; Mrs. GILLIBRAND (for herself and rolling 1,348,436 Hispanic students in non- Whereas more than 28,000,000 jobs in the Ms. AYOTTE) submitted the following profit postsecondary schools; United States are supported by commercial resolution; which was considered and Whereas Hispanic-serving institutions are and recreational fishing, boating, tourism, actively involved in stabilizing and improv- and other coastal industries that rely on agreed to: ing the communities in which the Hispanic- healthy estuaries; S. RES. 279 serving institutions are located; Whereas estuaries provide vital habitat for Whereas according to the Centers for Dis- Whereas 54 percent of Hispanic students in countless species of fish and wildlife, includ- ease Control and Prevention, since 1980, obe- the United States attend nonprofit, postsec- ing many that are listed as threatened or en- sity prevalence among children has almost ondary Hispanic-serving institutions; dangered;

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Whereas estuaries provide critical eco- S. RES. 282 SA 658. Mr. REID proposed an amendment system services that protect human health Whereas, in the cases of Kanelos v. County to the bill H.R. 2608, supra. and public safety, including water filtration, of Mohave, et al., Civ. No. 10–8099 (D. Ariz.) SA 659. Mr. REID proposed an amendment flood control, shoreline stabilization and and Zanna, et al. v. Mohave County, et al., to amendment SA 658 proposed by Mr. REID erosion prevention, and the protection of Civ. No. 10–8149 (D. Ariz.), pending in federal to the bill H.R. 2608, supra. coastal communities during extreme weath- district court in Arizona, the defendants SA 660. Mr. REID proposed an amendment er events; have requested that a declaration be sub- to amendment SA 659 proposed by Mr. REID Whereas the United States has lost more mitted by Gina Gormley, an employee of to the amendment SA 658 proposed by Mr. than 110,000,000 acres, or 50 percent, of the Senator John McCain; REID to the bill H.R. 2608, supra. wetland of the United States since the first Whereas, by the privileges of the Senate of European settlers arrived; the United States and Rule XI of the Stand- f ing Rules of the Senate, no evidence under Whereas bays once filled with fish and oys- TEXT OF AMENDMENTS ters have become dead zones filled with ex- the control or in the possession of the Senate cess nutrients, chemical wastes, harmful may, by the judicial or administrative proc- SA 655. Mr. REID proposed an amend- algae, and marine debris; ess, be taken from such control or possession ment to the bill H.R. 2608, to provide Whereas changes in sea level can impact but by permission of the Senate; and for an additional temporary extension estuarine water quality and estuarine habi- Whereas, when it appears that evidence under the control or in the possession of the of programs under the Small Business tat; Act and the Small Business Investment Whereas the Coastal Zone Management Senate may promote the administration of Act of 1972 (16 U.S.C. 1451 et seq.) declares justice, the Senate will take such action as Act of 1958, and for other purposes; as that it is the national policy to preserve, will promote the ends of justice consistent follows: protect, develop, and if possible, to restore or with the privileges of the Senate: Now, In lieu of the matter proposed to be in- enhance, the resources of the coastal zone of therefore, be it serted by the amendment of the House to the the United States, including estuaries, for Resolved, that Gina Gormley is authorized amendment of the Senate, insert the fol- current and future generations; to testify in the cases of Kanelos v. County of lowing: Mohave, et al. and Zanna, et al. v. Mohave Whereas 24 coastal and Great Lake States That the following sums are hereby appro- County et al., except concerning matters for and territories of the United States contain priated, out of any money in the Treasury which a privilege should be asserted. a National Estuary Program or a National not otherwise appropriated, and out of appli- Estuarine Research Reserve System; f cable corporate or other revenues, receipts, Whereas scientific study leads to better and funds, for the several departments, agen- understanding of the benefits of estuaries to SENATE CONCURRENT RESOLU- TION 29—AUTHORIZING THE USE cies, corporations, and other organizational human and ecological communities; units of Government for fiscal year 2012, and Whereas Federal, State, local, and tribal OF THE ROTUNDA OF THE for other purposes, namely: governments, national and community orga- UNITED STATES CAPITOL FOR SEC. 101. (a) Such amounts as may be nec- nizations, and individuals work together to AN EVENT TO PRESENT THE essary, at a rate for operations as provided effectively manage the estuaries of the CONGRESSIONAL GOLD MEDAL, in the applicable appropriations Acts for fis- United States; COLLECTIVELY, TO NEIL A. ARM- cal year 2011 and under the authority and Whereas estuary restoration efforts restore STRONG, EDWIN E. ‘‘BUZZ’’ conditions provided in such Acts, for con- natural infrastructure in local communities tinuing projects or activities (including the in a cost effective manner, helping to create ALDRIN, JR., MICHAEL COLLINS, AND JOHN HERSCHEL GLENN, costs of direct loans and loan guarantees) jobs and reestablish the natural functions of that are not otherwise specifically provided estuaries that yield countless benefits; and JR., IN RECOGNITION OF THEIR for in this Act, that were conducted in fiscal Whereas September 24, 2011, has been des- SIGNIFICANT CONTRIBUTIONS TO year 2011, and for which appropriations, ignated as ‘‘National Estuaries Day’’ to in- SOCIETY funds, or other authority were made avail- crease awareness among all people of the Mr. NELSON of Florida (for himself, able in the following appropriations Acts: United States, including Federal, State and Ms. STABENOW, Mr. BROWN of Ohio, (1) The Department of Defense Appropria- local government officials, about the impor- tions Act, 2011 (division A of Public Law 112– Mrs. HUTCHISON, Mr. VITTER, Mr. tance of healthy estuaries and the need to 10). protect and restore estuaries: Now, there- AKAKA, Mr. PRYOR, Mr. LIEBERMAN, and (2) The Full-Year Continuing Appropria- fore, be it Mr. DURBIN) submitted the following tions Act, 2011 (division B of Public Law 112– Resolved, That the Senate— concurrent resolution; which was con- 10). (1) designates September 24, 2011, as ‘‘Na- sidered and agreed to: (b) The rate for operations provided by sub- tional Estuaries Day’’; S. CON. RES. 29 section (a) is hereby reduced by 1.503 percent. (2) supports the goals and ideals of Na- Resolved by the Senate (the House of Rep- SEC. 102. (a) No appropriation or funds tional Estuaries Day; resentatives concurring), made available or authority granted pursu- (3) acknowledges the importance of estu- ant to section 101 for the Department of De- aries to sustaining employment and the eco- SECTION 1. USE OF THE ROTUNDA OF THE UNITED STATES CAPITOL TO fense shall be used for (1) the new production nomic well-being and prosperity of the PRESENT THE CONGRESSIONAL of items not funded for production in fiscal United States; GOLD MEDAL. year 2011 or prior years; (2) the increase in (4) recognizes that persistent threats un- (a) AUTHORIZATION.—The rotunda of the production rates above those sustained with dermine the health of the estuaries of the United States Capitol is authorized to be fiscal year 2011 funds; or (3) the initiation, United States; used on November 16, 2011 for the presen- resumption, or continuation of any project, (5) applauds the work of national and com- tation of the Congressional Gold Medal, col- activity, operation, or organization (defined munity organizations and public partners lectively, to Neil A. Armstrong, Edwin E. as any project, subproject, activity, budget that promote public awareness, under- ‘‘Buzz’’ Aldrin, Jr., Michael Collins, and activity, program element, and subprogram standing, protection, and restoration of estu- John Herschel Glenn, Jr., in recognition of within a program element, and for any in- aries; their significant contributions to society. vestment items defined as a P–1 line item in (6) reaffirms the support of the Senate for (b) PREPARATIONS.—Physical preparations a budget activity within an appropriation ac- estuaries, including the scientific study, for the conduct of the event described in sub- count and an R–1 line item that includes a preservation, protection, and restoration of section (a) shall be carried out in accordance program element and subprogram element estuaries; and with such conditions as may be prescribed by within an appropriation account) for which (7) expresses the intent of the Senate to the Architect of the Capitol. appropriations, funds, or other authority continue working to understand, protect, f were not available during fiscal year 2011. and restore the estuaries of the United (b) No appropriation or funds made avail- States. AMENDMENTS SUBMITTED AND able or authority granted pursuant to sec- f PROPOSED tion 101 for the Department of Defense shall be used to initiate multi-year procurements SENATE RESOLUTION 282—TO AU- SA 655. Mr. REID proposed an amendment to the bill H.R. 2608, to provide for an addi- utilizing advance procurement funding for THORIZE TESTIMONY IN tional temporary extension of programs economic order quantity procurement unless KANELOS V. COUNTY OF MO- under the Small Business Act and the Small specifically appropriated later. HAVE, ET AL. AND ZANNA, ET Business Investment Act of 1958, and for SEC. 103. Appropriations made by section AL. V. MOHAVE COUNTY, ET AL. other purposes. 101 shall be available to the extent and in the manner that would be provided by the perti- Mr. REID of Nevada (for himself and SA 656. Mr. REID proposed an amendment to the bill H.R. 2608, supra. nent appropriations Act. Mr. MCCONNELL) submitted the fol- SA 657. Mr. REID proposed an amendment SEC. 104. Except as otherwise provided in lowing resolution; which was consid- to amendment SA 656 proposed by Mr. REID section 102, no appropriation or funds made ered and agreed to: to the bill H.R. 2608, supra. available or authority granted pursuant to

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Appropriations made and author- (22 U.S.C. 6212), and section 504(a)(1) of the amounts are provided for the necessary ex- ity granted pursuant to this Act shall cover National Security Act of 1947 (50 U.S.C. penses of the Recovery Accountability and all obligations or expenditures incurred for 414(a)(1)). Transparency Board, to carry out its func- any project or activity during the period for SEC. 114. (a) Except as provided in sub- tions under title XV of division A of the which funds or authority for such project or section (b), each amount incorporated by ref- American Recovery and Reinvestment Act of activity are available under this Act. erence in this Act that was previously des- 2009 (Public Law 111–5), at a rate for oper- SEC. 106. Unless otherwise provided for in ignated as being for contingency operations ations of $28,350,000. this Act or in the applicable appropriations directly related to the global war on ter- SEC. 123. (a) Section 9(m) of the Small Act for fiscal year 2012, appropriations and rorism pursuant to section 3(c)(2) of H. Res. Business Act (15 U.S.C. 638(m)) shall be ap- funds made available and authority granted 5 (112th Congress) and as an emergency re- plied by substituting the date specified in pursuant to this Act shall be available until quirement pursuant to section 403(a) of S. section 106(3) of this Act for ‘‘September 30, whichever of the following first occurs: (1) Con. Res. 13 (111th Congress), the concurrent 2011’’. (b) Notwithstanding section 9(n)(1)(A) of the enactment into law of an appropriation resolution on the budget for fiscal year 2010, the Small Business Act (15 U.S.C. for any project or activity provided for in is designated by the Congress for Overseas 638(n)(1)(A)), the Small Business Technology this Act; (2) the enactment into law of the Contingency Operations/Global War on Ter- Transfer Program shall continue in effect applicable appropriations Act for fiscal year rorism pursuant to section 251(b)(2)(A) of the through the date specified in section 106(3) of 2012 without any provision for such project Balanced Budget and Emergency Deficit this Act. or activity; or (3) November 18, 2011. Control Act of 1985, except that such amount (c) Notwithstanding section 9(y)(6) of the SEC. 107. Expenditures made pursuant to shall be available only if the President sub- Small Business Act (15 U.S.C. 638(y)(6)), the this Act shall be charged to the applicable sequently so designates such amount and pilot program under section 9(y) of such Act appropriation, fund, or authorization when- transmits such designation to the Congress. shall continue in effect through the date ever a bill in which such applicable appro- Section 101(b) of this Act shall not apply to specified in section 106(3) of this Act. priation, fund, or authorization is contained any amount so designated. SEC. 124. Section 8909a(d)(3)(A)(v) of title 5, is enacted into law. (b) Subsection (a) shall not apply to United States Code, is amended by striking SEC. 108. Appropriations made and funds amounts for ‘‘Department of Justice—Fed- ‘‘September 30, 2011’’ and inserting the date made available by or authority granted pur- eral Bureau of Investigation—Salaries and specified in section 106(3) of this Act. suant to this Act may be used without re- Expenses’’. SEC. 125. Notwithstanding any other provi- gard to the time limitations for submission SEC. 115. During the period covered by this sion of this Act, effective on the date of the and approval of apportionments set forth in Act, discretionary amounts appropriated for enactment of this Act, of the unobligated section 1513 of title 31, United States Code, fiscal year 2012 that were provided in ad- balances remaining available to the Depart- but nothing in this Act may be construed to vance by appropriations Acts shall be avail- ment of Energy pursuant to section 129 of waive any other provision of law governing able in the amounts provided in such Acts, the Continuing Appropriations Resolution, the apportionment of funds. reduced by the percentage in section 101(b). 2009 (division A of Public Law 110–329), SEC. 109. Notwithstanding any other provi- SEC. 116. Notwithstanding section 101, $500,000,000 is rescinded, $774,000,000 is hereby sion of this Act, except section 106, for those amounts made available by this Act for ‘‘De- transferred to and merged with ‘‘Department programs that would otherwise have high partment of Defense—Operation and Mainte- of Homeland Security—Federal Emergency initial rates of operation or complete dis- nance—Operation and Maintenance, Air Management Agency—Disaster Relief’’, and tribution of appropriations at the beginning Force’’ may be used by the Secretary of De- $226,000,000 is hereby transferred to and of fiscal year 2012 because of distributions of fense for operations and activities of the Of- merged with ‘‘Corps of Engineers-Civil— funding to States, foreign countries, grant- fice of Security Cooperation in Iraq and se- Flood Control and Coastal Emergencies’’: ees, or others, such high initial rates of oper- curity assistance teams, including life sup- Provided, That the amounts made available ation or complete distribution shall not be port, transportation and personal security, by this section for the Corps of Engineers- made, and no grants shall be awarded for and facilities renovation and construction: Civil shall be for emergency expenses for re- such programs funded by this Act that would Provided, That the authority made by this pair of damage caused by the storm and flood impinge on final funding prerogatives. section shall continue in effect through the events occurring in 2011: Provided further, SEC. 110. This Act shall be implemented so date specified in section 106(3) of this Act: That the amounts transferred by this section that only the most limited funding action of Provided further, That section 9014 of division shall remain available until expended: Pro- that permitted in the Act shall be taken in A of Public Law 112–10 shall not apply to vided further, That each amount transferred order to provide for continuation of projects funds appropriated by this Act. by this section is designated as an emer- and activities. SEC. 117. Notwithstanding section 101, gency pursuant to section 3(c)(1) of H. Res. 5 SEC. 111. (a) For entitlements and other funds made available in title IX of division A (112th Congress) and as an emergency re- mandatory payments whose budget author- of Public Law 112–10 for ‘‘Overseas Contin- quirement pursuant to section 403(a) of S. ity was provided in appropriations Acts for gency Operations’’ shall be available at a Con. Res. 13 (111th Congress), the concurrent fiscal year 2011, and for activities under the rate for operations not to exceed the rate resolution on the budget for fiscal year 2010. Food and Nutrition Act of 2008, activities permitted by H.R. 2219 (112th Congress) as SEC. 126. (a) Notwithstanding section 101, shall be continued at the rate to maintain passed by the House of Representatives on amounts are provided for ‘‘Department of program levels under current law, under the July 8, 2011. Homeland Security—Federal Emergency authority and conditions provided in the ap- SEC. 118. The authority provided by section Management Agency—Disaster Relief’’ at a plicable appropriations Act for fiscal year 127b of title 10, United States Code, shall rate for operations of $2,650,000,000: Provided, 2011, to be continued through the date speci- continue in effect through the date specified That the Secretary of Homeland Security fied in section 106(3). in section 106(3) of this Act. shall provide a full accounting of disaster re- (b) Notwithstanding section 106, obliga- SEC. 119. The authority provided by section lief funding requirements for such account tions for mandatory payments due on or 1202 of the John Warner National Defense for fiscal year 2012 not later than 15 days about the first day of any month that begins Authorization Act for Fiscal Year 2007 (Pub- after the date of the enactment of this Act, after October 2011 but not later than 30 days lic Law 109–364; 120 Stat. 2412), as extended and for fiscal year 2013 in conjunction with after the date specified in section 106(3) may by section 1204(b) of the Duncan Hunter Na- the submission of the President’s budget re- continue to be made, and funds shall be tional Defense Authorization Act for Fiscal quest for fiscal year 2013. available for such payments. Year 2009 (Public Law 110–417; 122 Stat. 4623), (b) The accounting described in subsection SEC. 112. Amounts made available under shall continue in effect through the date (a) for each fiscal year shall include esti- section 101 for civilian personnel compensa- specified in section 106(3) of this Act. mates of the following amounts: tion and benefits in each department and SEC. 120. Notwithstanding section 101, (1) The unobligated balance of funds in agency may be apportioned up to the rate for amounts are provided for ‘‘Defense Nuclear such account that has been (or will be) car- operations necessary to avoid furloughs Facilities Safety Board—Salaries and Ex- ried over to such fiscal year from prior fiscal within such department or agency, con- penses’’ at a rate for operations of $29,130,000. years. sistent with the applicable appropriations SEC. 121. Notwithstanding any other provi- (2) The unobligated balance of funds in Act for fiscal year 2011, except that such au- sion of this Act, except section 106, the Dis- such account that will be carried over from thority provided under this section shall not trict of Columbia may expend local funds such fiscal year to the subsequent fiscal be used until after the department or agency under the heading ‘‘District of Columbia year. has taken all necessary actions to reduce or Funds’’ for such programs and activities (3) The amount of the rolling average of defer non-personnel-related administrative under title IV of H.R. 2434 (112th Congress), non-catastrophic disasters, and the specific expenses. as reported by the Committee on Appropria- data used to calculate such rolling average, SEC. 113. Funds appropriated by this Act tions of the House of Representatives, at the for such fiscal year. may be obligated and expended notwith- rate set forth under ‘‘District of Columbia (4) The amount that will be obligated each standing section 10 of Public Law 91–672 (22 Funds—Summary of Expenses’’ as included month for catastrophic events, delineated by

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event and State, and the total remaining SEC. 138. The Export-Import Bank Act of ant to section 101 for the Department of De- funding that will be required after such fis- 1945 (12 U.S.C. 635 et seq.) shall be applied by fense shall be used for (1) the new production cal year for each such catastrophic event for substituting the date specified in section of items not funded for production in fiscal each State. 106(3) of this Act for ‘‘September 30, 2011’’ in year 2011 or prior years; (2) the increase in (5) The amount of previously obligated section 7 of such Act of 1945. production rates above those sustained with funds that will be recovered each month of SEC. 139. Section 209 of the International fiscal year 2011 funds; or (3) the initiation, such fiscal year. Religious Freedom Act of 1998 (22 U.S.C. 6436) resumption, or continuation of any project, (6) The amount that will be required in shall be applied by substituting the date activity, operation, or organization (defined such fiscal year for emergencies, as defined specified in section 106(3) of this Act for as any project, subproject, activity, budget in section 102(1) of the Robert T. Stafford ‘‘September 30, 2011’’. activity, program element, and subprogram Disaster Relief and Emergency Assistance SEC. 140. Commitments to guarantee loans within a program element, and for any in- Act (42 U.S.C. 5122(1)). incurred under the General and Special Risk vestment items defined as a P–1 line item in (7) The amount that will be required in Insurance Funds, as authorized by sections a budget activity within an appropriation ac- such fiscal year for major disasters, as de- 238 and 519 of the National Housing Act (12 count and an R–1 line item that includes a fined in section 102(2) of the Robert T. Staf- U.S.C. 1715z–3 and 1735c), shall not exceed a program element and subprogram element ford Disaster Relief and Emergency Assist- rate for operations of $25,000,000,000: Provided, within an appropriation account) for which ance Act (42 U.S.C. 5122(2)). That total loan principal, any part of which appropriations, funds, or other authority (8) The amount that will be required in is to be guaranteed, may be apportioned were not available during fiscal year 2011. such fiscal year for fire management assist- through the date specified in section 106(3) of (b) No appropriation or funds made avail- ance grants, as defined in section 420 of the this Act, at $80,000,000 multiplied by the able or authority granted pursuant to sec- Robert T. Stafford Disaster Relief and Emer- number of days covered in this Act. tion 101 for the Department of Defense shall SEC. 141. (a) RENEWAL OF IMPORT RESTRIC- gency Assistance Act (42 U.S.C. 5187). be used to initiate multi-year procurements TIONS UNDER BURMESE FREEDOM AND DEMOC- SEC. 127. Any funds made available pursu- utilizing advance procurement funding for RACY ACT OF 2003.— ant to section 101 for the Department of economic order quantity procurement unless (1) IN GENERAL.—Congress approves the re- Homeland Security may be obligated at a specifically appropriated later. newal of the import restrictions contained in rate for operations necessary to sustain es- SEC. 103. Appropriations made by section section 3(a)(1) and section 3A (b)(1) and (c)(1) sential security activities, such as: staffing 101 shall be available to the extent and in the of the Burmese Freedom and Democracy Act levels of operational personnel; immigration manner that would be provided by the perti- of 2003. nent appropriations Act. enforcement and removal functions, includ- (2) RULE OF CONSTRUCTION.—This section SEC. 104. Except as otherwise provided in ing sustaining not less than necessary deten- shall be deemed to be a ‘‘renewal resolution’’ section 102, no appropriation or funds made tion bed capacity; and United States Secret for purposes of section 9 of the Burmese available or authority granted pursuant to Service protective activities, including pro- Freedom and Democracy Act of 2003. section 101 shall be used to initiate or re- tective activities necessary to secure Na- (b) EFFECTIVE DATE.—This section shall sume any project or activity for which ap- tional Special Security Events. The Sec- take effect on July 26, 2011. propriations, funds, or other authority were retary of Homeland Security shall notify the (c) APPLICABILITY.—This section shall not not available during fiscal year 2011. Committees on Appropriations of the House be subject to any other provision of this Act. SEC. 105. Appropriations made and author- of Representatives and the Senate on each SEC. 142. Effective on the date of the enact- ity granted pursuant to this Act shall cover use of the authority provided in this section. ment of this Act, of the unobligated balances all obligations or expenditures incurred for SEC. 128. The authority provided by section remaining available for ‘‘Department of En- any project or activity during the period for 532 of Public Law 109–295 shall continue in ef- ergy—Energy Programs—Title 17-Innovative which funds or authority for such project or fect through the date specified in section Technology Loan Guarantee Program’’ pur- activity are available under this Act. 106(3) of this Act. suant to title IV of division A of Public Law SEC. 106. Unless otherwise provided for in SEC. 129. The authority provided by section 111–5, $100,000,000 is rescinded. this Act or in the applicable appropriations 831 of the Homeland Security Act of 2002 (6 This Act may be cited as the ‘‘Continuing Act for fiscal year 2012, appropriations and U.S.C. 391) shall continue in effect through Appropriations Act, 2012’’. funds made available and authority granted the date specified in section 106(3) of this pursuant to this Act shall be available until Act. SA 656. Mr. REID proposed an amend- whichever of the following first occurs: (1) SEC. 130. Section 550(b) of the Department ment to the bill H.R. 2608, to provide the enactment into law of an appropriation of Homeland Security Appropriations Act, for an additional temporary extension for any project or activity provided for in 2007 (6 U.S.C. 121 note) shall be applied by of programs under the Small Business this Act; (2) the enactment into law of the substituting the date specified in section applicable appropriations Act for fiscal year 106(3) of this Act for ‘‘October 4, 2011’’. Act and the Small Business Investment Act of 1958, and for other purposes; as 2012 without any provision for such project SEC. 131. Sections 1309(a) and 1319 of the or activity; or (3) November 18, 2011. National Flood Insurance Act of 1968 (42 follows: SEC. 107. Expenditures made pursuant to U.S.C. 4016(a) and 4026) shall be applied by In lieu of the matter proposed to be in- this Act shall be charged to the applicable substituting the date specified in section serted by the amendment of the House to the appropriation, fund, or authorization when- 106(3) of this Act for ‘‘September 30, 2011’’. amendment of the Senate, insert the fol- ever a bill in which such applicable appro- SEC. 132. Section 330 of the Department of lowing: priation, fund, or authorization is contained the Interior and Related Agencies Appropria- The following sums are hereby appro- is enacted into law. tions Act, 2001 (42 U.S.C. 1701 note), con- priated, out of any money in the Treasury SEC. 108. Appropriations made and funds cerning Service First authorities, shall con- not otherwise appropriated, and out of appli- made available by or authority granted pur- tinue in effect through the date specified in cable corporate or other revenues, receipts, suant to this Act may be used without re- section 106(3) of this Act. and funds, for the several departments, agen- gard to the time limitations for submission SEC. 133. Notwithstanding section 101, sec- cies, corporations, and other organizational and approval of apportionments set forth in tion 1807 of Public Law 112–10 shall be ap- units of Government for fiscal year 2012, and section 1513 of title 31, United States Code, plied by substituting ‘‘$374,743,000’’ for for other purposes, namely: but nothing in this Act may be construed to ‘‘$363,843,000’’ and ‘‘$10,900,000’’ for SEC. 101. (a) Such amounts as may be nec- waive any other provision of law governing ‘‘$3,000,000’’. essary, at a rate for operations as provided the apportionment of funds. SEC. 134. The second proviso of section in the applicable appropriations Acts for fis- SEC. 109. Notwithstanding any other provi- 1801(a)(3) of Public Law 112–10 is amended by cal year 2011 and under the authority and sion of this Act, except section 106, for those striking ‘‘appropriation under this subpara- conditions provided in such Acts, for con- programs that would otherwise have high graph’’ and inserting ‘‘appropriations made tinuing projects or activities (including the initial rates of operation or complete dis- available by this Act’’. costs of direct loans and loan guarantees) tribution of appropriations at the beginning SEC. 135. Notwithstanding section 101, that are not otherwise specifically provided of fiscal year 2012 because of distributions of amounts are provided for ‘‘Federal Mine for in this Act, that were conducted in fiscal funding to States, foreign countries, grant- Safety and Health Review Commission—Sal- year 2011, and for which appropriations, ees, or others, such high initial rates of oper- aries and Expenses’’ at a rate for operations funds, or other authority were made avail- ation or complete distribution shall not be of $14,510,000. able in the following appropriations Acts: made, and no grants shall be awarded for SEC. 136. Sections 399AA(e), 399BB(g), and (1) The Department of Defense Appropria- such programs funded by this Act that would 399CC(f) of the Public Health Service Act (42 tions Act, 2011 (division A of Public Law 112– impinge on final funding prerogatives. U.S.C. 280i(e), 280i–1(g), 280i–2(f)) shall be ap- 10). SEC. 110. This Act shall be implemented so plied by substituting the date specified in (2) The Full-Year Continuing Appropria- that only the most limited funding action of section 106(3) of this Act for ‘‘September 30, tions Act, 2011 (division B of Public Law 112– that permitted in the Act shall be taken in 2011’’. 10). order to provide for continuation of projects SEC. 137. Notwithstanding section 101, sec- (b) The rate for operations provided by sub- and activities. tion 2005 of division B of Public Law 112–10 section (a) is hereby reduced by 1.503 percent. SEC. 111. (a) For entitlements and other shall be applied by substituting ‘‘$0’’ for each SEC. 102. (a) No appropriation or funds mandatory payments whose budget author- dollar amount. made available or authority granted pursu- ity was provided in appropriations Acts for

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5955 fiscal year 2011, and for activities under the rate for operations not to exceed the rate Homeland Security—Federal Emergency Food and Nutrition Act of 2008, activities permitted by H.R. 2219 (112th Congress) as Management Agency—Disaster Relief’’ at a shall be continued at the rate to maintain passed by the House of Representatives on rate for operations of $2,650,000,000: Provided, program levels under current law, under the July 8, 2011. That the Secretary of Homeland Security authority and conditions provided in the ap- SEC. 118. The authority provided by section shall provide a full accounting of disaster re- plicable appropriations Act for fiscal year 127b of title 10, United States Code, shall lief funding requirements for such account 2011, to be continued through the date speci- continue in effect through the date specified for fiscal year 2012 not later than 15 days fied in section 106(3). in section 106(3) of this Act. after the date of the enactment of this Act, (b) Notwithstanding section 106, obliga- SEC. 119. The authority provided by section and for fiscal year 2013 in conjunction with tions for mandatory payments due on or 1202 of the John Warner National Defense the submission of the President’s budget re- about the first day of any month that begins Authorization Act for Fiscal Year 2007 (Pub- quest for fiscal year 2013. after October 2011 but not later than 30 days lic Law 109–364; 120 Stat. 2412), as extended (b) The accounting described in subsection after the date specified in section 106(3) may by section 1204(b) of the Duncan Hunter Na- (a) for each fiscal year shall include esti- continue to be made, and funds shall be tional Defense Authorization Act for Fiscal mates of the following amounts: available for such payments. Year 2009 (Public Law 110–417; 122 Stat. 4623), (1) The unobligated balance of funds in SEC. 112. Amounts made available under shall continue in effect through the date section 101 for civilian personnel compensa- specified in section 106(3) of this Act. such account that has been (or will be) car- tion and benefits in each department and SEC. 120. Notwithstanding section 101, ried over to such fiscal year from prior fiscal agency may be apportioned up to the rate for amounts are provided for ‘‘Defense Nuclear years. operations necessary to avoid furloughs Facilities Safety Board—Salaries and Ex- (2) The unobligated balance of funds in within such department or agency, con- penses’’ at a rate for operations of $29,130,000. such account that will be carried over from sistent with the applicable appropriations SEC. 121. Notwithstanding any other provi- such fiscal year to the subsequent fiscal Act for fiscal year 2011, except that such au- sion of this Act, except section 106, the Dis- year. trict of Columbia may expend local funds thority provided under this section shall not (3) The amount of the rolling average of under the heading ‘‘District of Columbia be used until after the department or agency non-catastrophic disasters, and the specific Funds’’ for such programs and activities has taken all necessary actions to reduce or data used to calculate such rolling average, under title IV of H.R. 2434 (112th Congress), defer non-personnel-related administrative for such fiscal year. as reported by the Committee on Appropria- expenses. (4) The amount that will be obligated each tions of the House of Representatives, at the SEC. 113. Funds appropriated by this Act month for catastrophic events, delineated by may be obligated and expended notwith- rate set forth under ‘‘District of Columbia event and State, and the total remaining standing section 10 of Public Law 91–672 (22 Funds—Summary of Expenses’’ as included funding that will be required after such fis- U.S.C. 2412), section 15 of the State Depart- in the Fiscal Year 2012 Budget Request Act cal year for each such catastrophic event for of 2011 (D.C. Act 19–92), as modified as of the ment Basic Authorities Act of 1956 (22 U.S.C. each State. date of the enactment of this Act. 2680), section 313 of the Foreign Relations (5) The amount of previously obligated SEC. 122. Notwithstanding section 101, Authorization Act, Fiscal Years 1994 and 1995 funds that will be recovered each month of amounts are provided for the necessary ex- such fiscal year. (22 U.S.C. 6212), and section 504(a)(1) of the penses of the Recovery Accountability and National Security Act of 1947 (50 U.S.C. (6) The amount that will be required in Transparency Board, to carry out its func- such fiscal year for emergencies, as defined 414(a)(1)). tions under title XV of division A of the SEC. 114. (a) Except as provided in sub- in section 102(1) of the Robert T. Stafford American Recovery and Reinvestment Act of section (b), each amount incorporated by ref- Disaster Relief and Emergency Assistance 2009 (Public Law 111–5), at a rate for oper- erence in this Act that was previously des- Act (42 U.S.C. 5122(1)). ations of $28,350,000. ignated as being for contingency operations (7) The amount that will be required in SEC. 123. (a) Section 9(m) of the Small such fiscal year for major disasters, as de- directly related to the global war on ter- Business Act (15 U.S.C. 638(m)) shall be ap- rorism pursuant to section 3(c)(2) of H. Res. fined in section 102(2) of the Robert T. Staf- plied by substituting the date specified in ford Disaster Relief and Emergency Assist- 5 (112th Congress) and as an emergency re- section 106(3) of this Act for ‘‘September 30, quirement pursuant to section 403(a) of S. ance Act (42 U.S.C. 5122(2)). 2011’’. (8) The amount that will be required in Con. Res. 13 (111th Congress), the concurrent (b) Notwithstanding section 9(n)(1)(A) of such fiscal year for fire management assist- resolution on the budget for fiscal year 2010, the Small Business Act (15 U.S.C. ance grants, as defined in section 420 of the is designated by the Congress for Overseas 638(n)(1)(A)), the Small Business Technology Robert T. Stafford Disaster Relief and Emer- Contingency Operations/Global War on Ter- Transfer Program shall continue in effect gency Assistance Act (42 U.S.C. 5187). rorism pursuant to section 251(b)(2)(A) of the through the date specified in section 106(3) of Balanced Budget and Emergency Deficit this Act. SEC. 127. Any funds made available pursu- Control Act of 1985, except that such amount (c) Notwithstanding section 9(y)(6) of the ant to section 101 for the Department of shall be available only if the President sub- Small Business Act (15 U.S.C. 638(y)(6)), the Homeland Security may be obligated at a sequently so designates such amount and pilot program under section 9(y) of such Act rate for operations necessary to sustain es- transmits such designation to the Congress. shall continue in effect through the date sential security activities, such as: staffing Section 101(b) of this Act shall not apply to specified in section 106(3) of this Act. levels of operational personnel; immigration any amount so designated. SEC. 124. Section 8909a(d)(3)(A)(v) of title 5, enforcement and removal functions, includ- (b) Subsection (a) shall not apply to United States Code, is amended by striking ing sustaining not less than necessary deten- amounts for ‘‘Department of Justice—Fed- ‘‘September 30, 2011’’ and inserting the date tion bed capacity; and United States Secret eral Bureau of Investigation—Salaries and specified in section 106(3) of this Act. Service protective activities, including pro- Expenses’’. SEC. 125. (a) Notwithstanding any other tective activities necessary to secure Na- SEC. 115. During the period covered by this provision of this Act, effective on the date of tional Special Security Events. The Sec- Act, discretionary amounts appropriated for the enactment of this Act, there is appro- retary of Homeland Security shall notify the fiscal year 2012 that were provided in ad- priated— Committees on Appropriations of the House vance by appropriations Acts shall be avail- (1) an additional amount for ‘‘Department of Representatives and the Senate on each able in the amounts provided in such Acts, of Homeland Security—Federal Emergency use of the authority provided in this section. reduced by the percentage in section 101(b). Management Agency—Disaster Relief’’, SEC. 116. Notwithstanding section 101, $774,000,00, to remain available until ex- SEC. 128. The authority provided by section amounts made available by this Act for ‘‘De- pended; and 532 of Public Law 109–295 shall continue in ef- partment of Defense—Operation and Mainte- (2) an additional amount for ‘‘Corps of En- fect through the date specified in section nance—Operation and Maintenance, Air gineers-Civil—Flood Control and Coastal 106(3) of this Act. Force’’ may be used by the Secretary of De- Emergencies’’, $226,000,00, to remain avail- SEC. 129. The authority provided by section fense for operations and activities of the Of- able until expended. 831 of the Homeland Security Act of 2002 (6 fice of Security Cooperation in Iraq and se- (b) The amount made available by this sec- U.S.C. 391) shall continue in effect through curity assistance teams, including life sup- tion for the Corps of Engineers—Civil shall the date specified in section 106(3) of this port, transportation and personal security, be for emergency expenses for repair of dam- Act. and facilities renovation and construction: age caused by the storm and flood events oc- SEC. 130. Section 550(b) of the Department Provided, That the authority made by this curring in 2011. of Homeland Security Appropriations Act, section shall continue in effect through the (c) Each amount in this section is des- 2007 (6 U.S.C. 121 note) shall be applied by date specified in section 106(3) of this Act: ignated as an emergency pursuant to section substituting the date specified in section Provided further, That section 9014 of division 3(c)(1) of H. Res. 5 (112th Congress) and as an 106(3) of this Act for ‘‘October 4, 2011’’. A of Public Law 112–10 shall not apply to emergency requirement pursuant to section funds appropriated by this Act. 403(a) of S. Con. Res. 13 (111th Congress), the SEC. 131. Sections 1309(a) and 1319 of the SEC. 117. Notwithstanding section 101, concurrent resolution on the budget for fis- National Flood Insurance Act of 1968 (42 funds made available in title IX of division A cal year 2010. U.S.C. 4016(a) and 4026) shall be applied by of Public Law 112–10 for ‘‘Overseas Contin- SEC. 126. (a) Notwithstanding section 101, substituting the date specified in section gency Operations’’ shall be available at a amounts are provided for ‘‘Department of 106(3) of this Act for ‘‘September 30, 2011’’.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5956 CONGRESSIONAL RECORD — SENATE September 23, 2011 SEC. 132. Section 330 of the Department of for an additional temporary extension Nos. 371, 372, 373, 374, 375, 376, 377, 378, the Interior and Related Agencies Appropria- of programs under the Small Business 379, 381, 382, 383, 384, 385, 386, 387, 388, tions Act, 2001 (42 U.S.C. 1701 note), con- Act and the Small Business Investment 389, 390, 391, 392, 393, 394, 395, 396, 397, cerning Service First authorities, shall con- Act of 1958, and for other purposes; as 398, 399, 400, 401, 402, and all nomina- tinue in effect through the date specified in section 106(3) of this Act. follows: tions placed on the Secretary’s desk in SEC. 133. Notwithstanding section 101, sec- At the end, add the following new section: the Air Force, Army, Marine Corps, tion 1807 of Public Law 112–10 shall be ap- Section ll and Navy; that the nominations be plied by substituting ‘‘$374,743,000’’ for This Act shall become effective 3 days confirmed en bloc; the motions to re- ‘‘$363,843,000’’ and ‘‘$10,900,000’’ for after enactment. consider be considered made and laid ‘‘$3,000,000’’. upon the table, with no intervening ac- SEC. 134. The second proviso of section SA 659. Mr. REID proposed an amend- tion or debate; that no further motions 1801(a)(3) of Public Law 112–10 is amended by ment to amendment SA 658 proposed be in order to any of the nominations; striking ‘‘appropriation under this subpara- by Mr. REID to the bill H.R. 2608, to that any related statements be printed graph’’ and inserting ‘‘appropriations made provide for an additional temporary ex- in the RECORD; that the President be available by this Act’’. tension of programs under the Small SEC. 135. Notwithstanding section 101, immediately notified of the Senate’s amounts are provided for ‘‘Federal Mine Business Act and the Small Business action and the Senate then resume leg- Safety and Health Review Commission—Sal- Investment Act of 1958, and for other islative session. aries and Expenses’’ at a rate for operations purposes; as follows: The PRESIDING OFFICER. Without of $14,510,000. In the amendment, strike ‘‘3 days’’ and in- objection, it is so ordered. SEC. 136. Sections 399AA(e), 399BB(g), and sert ‘‘2 days’’. The nominations considered and con- 399CC(f) of the Public Health Service Act (42 firmed en bloc are as follows: U.S.C. 280i(e), 280i–1(g), 280i–2(f)) shall be ap- SA 660. Mr. REID proposed an amend- plied by substituting the date specified in ment to amendment SA 659 proposed DEPARTMENT OF DEFENSE Ashton B. Carter, of Massachusetts, to be section 106(3) of this Act for ‘‘September 30, by Mr. REID to the amendment SA 658 2011’’. Deputy Secretary of Defense. proposed by Mr. REID to the bill H.R. SEC. 137. Notwithstanding section 101, sec- IN THE AIR FORCE tion 2005 of division B of Public Law 112–10 2608, to provide for an additional tem- porary extension of programs under the The following named officer for appoint- shall be applied by substituting ‘‘$0’’ for each ment in the United States Air Force to the dollar amount. Small Business Act and the Small grade indicated under title 10, U.S.C., section SEC. 138. The Export-Import Bank Act of Business Investment Act of 1958, and 624: 1945 (12 U.S.C. 635 et seq.) shall be applied by for other purposes; as follows: To be brigadier general substituting the date specified in section In the amendment, strike ‘‘2 days’’ and in- Col. Timothy J. Leahy 106(3) of this Act for ‘‘September 30, 2011’’ in sert ‘‘1 day’’. section 7 of such Act. IN THE NAVY SEC. 139. Section 209 of the International f The following named officer for appoint- Religious Freedom Act of 1998 (22 U.S.C. 6436) AUTHORITY FOR COMMITTEES TO ment in the United States Navy to the grade shall be applied by substituting the date MEET indicated under title 10, U.S.C., section 624: specified in section 106(3) of this Act for To be rear admiral (lower half) ‘‘September 30, 2011’’. COMMITTEE ON HOMELAND SECURITY AND Capt. Rebecca J. McCormick-Boyle SEC. 140. Commitments to guarantee loans GOVERNMENTAL AFFAIRS The following named officer for appoint- incurred under the General and Special Risk Ms. LANDRIEU. Mr. President, I ask Insurance Funds, as authorized by sections ment in the United States Navy to the grade 238 and 519 of the National Housing Act (12 unanimous consent that the Com- indicated under title 10, U.S.C., section 624: U.S.C. 1715z–3 and 1735c), shall not exceed a mittee on Homeland Security and Gov- To be rear admiral (lower half) ernmental Affairs be authorized to rate for operations of $25,000,000,000: Provided, Capt. Raquel C. Bono That total loan principal, any part of which meet during the session of the Senate IN THE AIR FORCE is to be guaranteed, may be apportioned on September 23, 2011, at 10 a.m. through the date specified in section 106(3) of The PRESIDING OFFICER. Without The following named officer for appoint- ment in the United States Air Force to the this Act, at $80,000,000 multiplied by the objection, it is so ordered. number of days covered in this Act. grade indicated while assigned to a position SEC. 141. (a) RENEWAL OF IMPORT RESTRIC- f of importance and responsibility under title 10, U.S.C., section 601: TIONS UNDER BURMESE FREEDOM AND DEMOC- EXECUTIVE SESSION RACY ACT OF 2003.— To be lieutenant general (1) IN GENERAL.—Congress approves the re- Maj. Gen. Jan-Marc Jouas newal of the import restrictions contained in IN THE ARMY section 3(a)(1) and section 3A (b)(1) and (c)(1) NOMINATIONS DISCHARGED The following named officer for appoint- of the Burmese Freedom and Democracy Act Mr. REID. Mr. President, I ask unan- ment as The Surgeon General, United States of 2003. imous consent that the Senate proceed Army, and appointment to the grade indi- (2) RULE OF CONSTRUCTION.—This section to executive session and the HELP cated while assigned to a position of impor- shall be deemed to be a ‘‘renewal resolution’’ Committee be discharged from further tance and responsibility under title 10, for purposes of section 9 of the Burmese U.S.C., sections 601 and 3036: Freedom and Democracy Act of 2003. consideration of PN–924, 567 nomina- (b) EFFECTIVE DATE.—This section shall tions in the Public Health Service re- To be lieutenant general take effect on July 26, 2011. ceived by the Senate on September 8, Maj. Gen. Patricia D. Horoho (c) APPLICABILITY.—This section shall not 2011, beginning with Aysha Z. Akhtar IN THE NAVY be subject to any other provision of this Act. and ending with Mykah N. Wynter; The following named officer for appoint- This Act may be cited as the ‘‘Continuing that the nominations be confirmed en ment in the United States Navy to the grade Appropriations Act, 2012’’. bloc, the motions to reconsider be con- indicated under title 10, U.S.C., section 624: sidered made and laid upon the table, SA 657. Mr. REID proposed an amend- To be rear admiral with no intervening action or debate; ment to amendment SA 656 proposed Rear Adm. (lh) Douglas J. Venlet that no further motions be in order to by Mr. REID to the bill H.R. 2608, to The following named officer for appoint- the nominations; that any related provide for an additional temporary ex- ment in the United States Navy to the grade statements be printed in the RECORD; tension of programs under the Small indicated under title 10, U.S.C., section 624: and that the President be immediately Business Act and the Small Business To be rear admiral notified of the Senate’s action. Investment Act of 1958, and for other Rear Adm. (lh) David C. Johnson The PRESIDING OFFICER. Without purposes; as follows: The following named officer for appoint- objection, it is so ordered. ment in the United States Navy to the grade At the end, add the following new section: indicated under title 10, U.S.C., section 624: Section ll f To be rear admiral This Act shall become effective 4 days EXECUTIVE CALENDAR after enactment. Rear Adm. (lh) Donald E. Gaddis Mr. REID. Mr. President, I ask unan- The following named officer for appoint- SA 658. Mr. REID proposed an amend- imous consent that the Senate consider ment in the United States Navy to the grade ment to the bill H.R. 2608, to provide the following nominations: Calendar indicated under title 10, U.S.C., section 624:

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To be rear admiral (lower half) Reserve of the Air Force to the grade indi- IN THE ARMY Capt. Mark R. Whitney cated under title 10, U.S.C., sections 12203 The following named officer for appoint- and 12212: The following named officer for appoint- ment in the United States Army to the grade ment in the United States Navy to the grade To be major general indicated while assigned to a position of im- indicated under title 10, U.S.C., section 624: Brigadier General Joseph G. Balskus portance and responsibility under title 10, To be rear admiral (lower half) Brigadier General William S. Hadaway, III U.S.C., section 601: To be lieutenant general Capt. Cindy L. Jaynes Brigadier General Mark R. Kraus Brigadier General Catherine S. Lutz Maj. Gen. Raymond V. Mason IN THE AIR FORCE IN THE ARMY The following named officer for appoint- The following named officer for appoint- ment in the United States Air Force to the The following named officer for appoint- ment in the United States Army to the grade grade indicated while assigned to a position ment in the United States Army to the grade indicated while assigned to a position of im- of importance and responsibility under title indicated while assigned to a position of im- portance and responsibility under title 10, 10, U.S.C., section 601: portance and responsibility under title 10, U.S.C., section 601; and to be a Senior Mem- U.S.C., section 601: ber of the Military Staff Committee of the To be lieutenant general To be lieutenant general United Nations under title 10, U.S.C., section Maj. Gen. Judith A. Fedder 711: Maj. Gen. James L. Terry IN THE ARMY To be lieutenant general The following named officer for appoint- The following named officer for appoint- Maj. Gen. Terry A. Wolff ment in the United States Army to the grade ment in the United States Army to the grade NOMINATIONS PLACED ON THE SECRETARY’S indicated while assigned to a position of im- indicated while assigned to a position of im- DESK portance and responsibility under title 10, portance and responsibility under title 10, U.S.C., section 601: U.S.C., section 601: IN THE AIR FORCE To be lieutenant general To be lieutenant general PN789 AIR FORCE nominations (75) begin- ning DAVID B. BARKER, and ending AN- Maj. Gen. Michael T. Flynn Maj. Gen. William T. Grisoli GELA M. YUHAS, which nominations were IN THE AIR FORCE The following named officer for appoint- ment in the Reserve of the Army to the received by the Senate and appeared in the The following named officer for appoint- grade indicated under title 10, U.S.C., section Congressional Record of July 20, 2011. ment in the United States Air Force to the PN913 AIR FORCE nominations (4) begin- 12203: grade indicated under title 10, U.S.C., section ning MARK W. DUFF, and ending BRYAN A. 624: To be major general WILLIAMS, which nominations were re- To be major general Brig. Gen. Margaret W. Boor ceived by the Senate and appeared in the Brig. Gen. Scott M. Hanson The following Army National Guard of the Congressional Record of September 6, 2011. PN914 AIR FORCE nominations (4) begin- The following named officer for appoint- United States officer for appointment in the Reserve of the Army to the grade indicated ning CHAD J. CARDA, and ending BARRY J. ment in the United States Air Force to the VAN SICKLE, which nominations were re- grade indicated while assigned to a position under title 10, U.S.C., sections 12203 and 12211: ceived by the Senate and appeared in the of importance and responsibility under 10, Congressional Record of September 6, 2011. To be brigadier general U.S.C., section 601: PN926 AIR FORCE nomination of Chris- To be lieutenant general Col. Raphael G. Peart topher J. Oleksa, which was received by the Maj. Gen. Clyde D. Moore, II The following Army National Guard of the Senate and appeared in the Congressional IN THE NAVY United States officer for appointment in the Record of September 8, 2011. Reserve of the Army to the grade indicated PN927 AIR FORCE nomination of Arthur The following named officer for appoint- under title 10, U.S.C., sections 12203 and L. Bouck, which was received by the Senate ment in the United States Navy to the grade 12211: and appeared in the Congressional Record of indicated while assigned to a position of im- September 8, 2011. portance and responsibility under title 10, To be major general PN928 AIR FORCE nomination of Tamala U.S.C., section 601: Brig. Gen. Terry M. Haston L. Gulley, which was received by the Senate To be admiral IN THE NAVY and appeared in the Congressional Record of Vice Adm. Cecil E.D. Haney The following named officer for appoint- September 8, 2011. IN THE ARMY ment in the United States Navy to the grade PN929 AIR FORCE nomination of Michael The following Army National Guard of the indicated while assigned to a position of im- H. Heuer, which was received by the Senate United States officer for appointment in the portance and responsibility under title 10, and appeared in the Congressional Record of Reserve of the Army to the grade indicated U.S.C., section 601: September 8, 2011. under title 10, U.S.C., sections 12203 and To be vice admiral IN THE ARMY 12211: Rear Adm. Michael S. Rogers PN877 ARMY nominations (6) beginning To be brigadier general The following named officer for appoint- LARRY W. DOTSON, and ending DAMIAN K. Col. Robert F. Thomas ment in the United States Navy to the grade WADDELL, which nominations were re- ceived by the Senate and appeared in the IN THE AIR FORCE indicated while assigned to a position of im- portance and responsibility under title 10, Congressional Record of August 2, 2011. The following Air National Guard of the U.S.C., section 601: PN878 ARMY nomination of Jack M. United States officer for appointment in the Markusfeld, which was received by the Sen- Reserve of the Air Force to the grade indi- To be vice admiral ate and appeared in the Congressional cated under title 10, U.S.C., sections 12203 Rear Adm. Frank C. Pandolfe Record of August 2, 2011. and 12212: IN THE AIR FORCE PN879 ARMY nomination of Stephen R. To be major general The following Air National Guard of the Taylor, which was received by the Senate Brig. Gen. Allyson R. Solomon United States officers for appointment in the and appeared in the Congressional Record of Reserve of the Air Force to the grade indi- August 2, 2011. The following Air National Guard of the PN880 ARMY nomination of Hal D. Baird, cated under title 10, U.S.C., sections 12203 United States officer for appointment in the which was received by the Senate and ap- and 12212: Reserve of the Air Force to the grade indi- peared in the Congressional Record of Au- cated under title 10, U.S.C., sections 12203 To be brigadier general gust 2, 2011. and 12212: Colonel Randall R. Ball PN930 ARMY nomination of James E. Orr, To be brigadier general Colonel John P. Bartholf which was received by the Senate and ap- Col. Gary W. Keefe Colonel Steven J. Berryhill peared in the Congressional Record of Sep- The following Air National Guard of the Colonel Gretchen S. Dunkelberger tember 8, 2011. United States officers for appointment in the Colonel Greg A. Haase PN931 ARMY nominations (9) beginning Reserve of the Air Force to the grade indi- Colonel Scott L. Kelly STEVEN A. CHAMBERS, and ending JAMES cated under title 10, U.S.C., sections 12203 Colonel Maureen McCarthy P. WALDRON, which nominations were re- and 12212: Colonel Mark A. McCauley ceived by the Senate and appeared in the Colonel Marsa L. Mitchell Congressional Record of September 8, 2011. To be brigadier general Colonel Harry D. Montgomery, Jr. PN932 ARMY nominations (7) beginning Colonel Frederik G. Hartwig Colonel Jon K. Mott SUSAN M. CAMORODA, and ending Colonel Donald L. Johnson Colonel Brian C. Newby GERSON S. VALLES, which nominations Colonel Kenneth W. Wisian Colonel David W. Newman were received by the Senate and appeared in The following Air National Guard of the Colonel David Snyder the Congressional Record of September 8, United States officers for appointment in the Colonel Dean L. Winslow 2011.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5958 CONGRESSIONAL RECORD — SENATE September 23, 2011 PN942 ARMY nomination of Hyun S. Sim, tions were received by the Senate and ap- PN960 NAVY nominations (131) beginning which was received by the Senate and ap- peared in the Congressional Record of Sep- HECTOR ACEVEDO, and ending JAY peared in the Congressional Record of Sep- tember 15, 2011. ZULUETA, which nominations were received tember 14, 2011. PN977 ARMY nominations (7) beginning by the Senate and appeared in the Congres- PN943 ARMY nomination of Olga Betan- MATTHEW J. CONDE, and ending VICTOR sional Record of September 14, 2011. court, which was received by the Senate and M. PALOMARES, which nominations were PN961 NAVY nominations (72) beginning appeared in the Congressional Record of Sep- received by the Senate and appeared in the JAVIER ARAUJO, and ending RAYMOND C. tember 14, 2011. Congressional Record of September 15, 2011. YAU, which nominations were received by PN944 ARMY nomination of Michael C. PN978 ARMY nominations (34) beginning the Senate and appeared in the Congres- Freidl, which was received by the Senate and LEE A. ADAMS, and ending MARK A. sional Record of September 14, 2011. appeared in the Congressional Record of Sep- YOUNG, which nominations were received by PN962 NAVY nominations (25) beginning tember 14, 2011. the Senate and appeared in the Congres- THOMAS T. COOK, and ending LEROY C. PN945 ARMY nomination of Natacha L. sional Record of September 15, 2011. YOUNG, which nominations were received by Miller, which was received by the Senate and PN979 ARMY nominations (3) beginning the Senate and appeared in the Congres- appeared in the Congressional Record of Sep- KATHIE S. CLARK, and ending NANCY L. sional Record of September 14, 2011. tember 14, 2011. MCLAUGHLIN, which nominations were re- PN963 NAVY nominations (36) beginning PN946 ARMY nomination of Benjamin D. ceived by the Senate and appeared in the ADNAN S. AHSAN, and ending REBECCA L. Owen, which was received by the Senate and Congressional Record of September 15, 2011. WALDRAM, which nominations were re- appeared in the Congressional Record of Sep- PN980 ARMY nominations (8) beginning ceived by the Senate and appeared in the tember 14, 2011. LYNN R. GAYLORD, and ending VICKI L. Congressional Record of September 14, 2011. PN947 ARMY nominations (5) beginning NOLIN, which nominations were received by PN964 NAVY nominations (9) beginning HEIDI J. COX, and ending MARK A. RICH, the Senate and appeared in the Congres- FABIO O. AUSTRIA, JR., and ending which nominations were received by the Sen- sional Record of September 15, 2011. DONNA L. SMOAK, which nominations were PN981 ARMY nominations (3) beginning ate and appeared in the Congressional received by the Senate and appeared in the NATHAN W. BLACK, and ending TROY G. Record of September 14, 2011. Congressional Record of September 14, 2011. PN948 ARMY nominations (4) beginning DANDERSON, which nominations were re- COLIN A. BITTERFIELD, and ending ceived by the Senate and appeared in the f Congressional Record of September 15, 2011. ANDREAS W. WOOTEN, which nominations LEGISLATIVE SESSION were received by the Senate and appeared in IN THE MARINE CORPS the Congressional Record of September 14, PN237 MARINE CORPS nominations (610) The PRESIDING OFFICER. The Sen- 2011. beginning PAUL M. ABOUD, and ending ate will now resume legislative session. PN949 ARMY nominations (26) beginning RICHARD M. ZJAWIN, which nominations f RICHARD J. ALLINGER, and ending MAR- were received by the Senate and appeared in GARET A. YOUNGBLOOD, which nomina- the Congressional Record of February 3, 2011. AUTHORIZATION OF TESTIMONY tions were received by the Senate and ap- PN936 MARINE CORPS nomination of peared in the Congressional Record of Sep- John L. Hyatt, Jr., which was received by Mr. REID. Mr. President, I ask unan- tember 14, 2011. the Senate and appeared in the Congres- imous consent that the Senate proceed PN950 ARMY nominations (8) beginning sional Record of September 8, 2011. to the consideration of S. Res. 282, sub- BRIAN R. BENJAMIN, and ending MARK D. IN THE NAVY mitted earlier today. YOUNG, which nominations were received by PN372 NAVY nomination of Paul E. The PRESIDING OFFICER. Without the Senate and appeared in the Congres- Schoenbucher, Jr., which was received by the objection, it is so ordered. sional Record of September 14, 2011. Senate and appeared in the Congressional The clerk will report. PN951 ARMY nominations (11) beginning Record of March 30, 2011. TERESE B. ACOCELLA, and ending GARY The assistant legislative clerk read PN881 NAVY nomination of John N. as follows: L. WILLIAMSON, which nominations were Desverreaux, which was received by the Sen- received by the Senate and appeared in the ate and appeared in the Congressional A resolution (S. Res. 282) to authorize tes- Congressional Record of September 14, 2011. Record of August 2, 2011. timony in Kanelos v. Mohave, et al., and PN952 ARMY nominations (51) beginning PN915 NAVY nomination of David D. Zanna, et al. v. Mohave County, et al. MICHAEL D. ALPERIN, and ending DAVID Dinkins, which was received by the Senate There being no objection, the Senate S. WILLIAMS, which nominations were re- and appeared in the Congressional Record of ceived by the Senate and appeared in the proceeded to consider the resolution. September 6, 2011. Mr. REID. Mr. President, this resolu- Congressional Record of September 14, 2011. PN933 NAVY nomination of Kevin J. Oli- PN953 ARMY nominations (19) beginning ver, which was received by the Senate and tion concerns a request for testimony CLAYTON T. ABE, and ending TERRENCE appeared in the Congressional Record of Sep- in related civil actions pending in Ari- A. SMITH, which nominations were received tember 8, 2011. zona Federal district court. In these by the Senate and appeared in the Congres- PN934 NAVY nominations (3) beginning actions, plaintiffs claim that Arizona sional Record of September 14, 2011. MICHAEL FORTUNATO, and ending MAT- local officials hosting a Senator PN954 ARMY nominations (6) beginning THEW T. WELLOCK, which nominations McCain town hall meeting allegedly GEORGE V. HANKEWYCZ, and ending were received by the Senate and appeared in violated plaintiffs’ rights by prohib- HENRY K. THOMAS, which nominations the Congressional Record of September 8, were received by the Senate and appeared in 2011. iting their distribution of political lit- the Congressional Record of September 14, PN935 NAVY nominations (484) beginning erature at the meeting and subse- 2011. JOSEPH H. ADAMS, II, and ending JEREMY quently enacting a policy limiting the PN955 ARMY nominations (15) beginning S. YARBROUGH, which nominations were use of county facilities to the conduct JOHN F. BOWLEY, and ending MAUREEN E. received by the Senate and appeared in the of official government business. The WEBER, which nominations were received Congressional Record of September 8, 2011. defendants have requested a declara- by the Senate and appeared in the Congres- PN956 NAVY nominations (242) beginning tion from a member of Senator sional Record of September 14, 2011. DAMON M. ARMSTRONG, and ending PN972 ARMY nomination of Kelly A. MARISOL C. ZIEMBA, which nominations MCCAIN’s staff who witnessed relevant Cricks, which was received by the Senate were received by the Senate and appeared in events. Senator MCCAIN would like to and appeared in the Congressional Record of the Congressional Record of September 14, cooperate with this request. This reso- September 15, 2011. 2011. lution would authorize testimony in PN973 ARMY nomination of Damian G. PN957 NAVY nominations (39) beginning connection with these actions. McCabe, which was received by the Senate JAMES P. ALDERETE, II, and ending SETH Mr. President, I ask unanimous con- and appeared in the Congressional Record of T. WILLIAMS, which nominations were re- sent that the resolution be agreed to, September 15, 2011. ceived by the Senate and appeared in the PN974 ARMY nomination of John R. Congressional Record of September 14, 2011. the preamble be agreed to, the motions Pendergrass, which was received by the Sen- PN958 NAVY nominations (131) beginning to reconsider laid upon the table, with- ate and appeared in the Congressional SAAD M. ALAZIZ, and ending MICHAEL A. out any intervening action or debate, Record of September 15, 2011. ZUNDEL, which nominations were received and that any statements relating to PN975 ARMY nominations (3) beginning by the Senate and appeared in the Congres- the resolution be printed in the ROBERT D. BLACK, and ending TRUDY A. sional Record of September 14, 2011. RECORD. SALERNO, which nominations were received PN959 NAVY nominations (22) beginning The PRESIDING OFFICER. Without by the Senate and appeared in the Congres- MICHAEL W. BLOOMROSE, and ending sional Record of September 15, 2011. CHRISTOPHER P. TOSCANO, which nomi- objection, it is so ordered. PN976 ARMY nominations (4) beginning nations were received by the Senate and ap- The resolution (S. Res. 282) was JAMES A. CHRISTENSEN, and ending peared in the Congressional Record of Sep- agreed to. KATHLEEN A. WILLIAMS, which nomina- tember 14, 2011. The preamble was agreed to.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5959 The resolution, with its preamble, the Senate adjourn under the previous THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED reads as follows: order, with the understanding that the UNDER TITLE 10, U.S.C., SECTION 624: S. RES. 282 vote at 5:30 Monday will be continued To be rear admiral Whereas, in the cases of Kanelos v. County more than the normal time, but people REAR ADM. (LH) DAVID C. JOHNSON of Mohave, et al., Civ. No. 10–8099 (D. Ariz.) need to be reasonable. We cannot leave THE FOLLOWING NAMED OFFICER FOR APPOINTMENT and Zanna, et al. v. Mohave County, et al., it open forever. IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: Civ. No. 10–8149 (D. Ariz.), pending in federal There being no objection, the Senate, To be rear admiral district court in Arizona, the defendants at 3:59 p.m., adjourned until Monday, have requested that a declaration be sub- September 26, 2011, at 3:30 p.m. REAR ADM. (LH) DONALD E. GADDIS mitted by Gina Gormley, an employee of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Senator John McCain; f IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: Whereas, by the privileges of the Senate of NOMINATIONS the United States and Rule XI of the Stand- To be rear admiral (lower half) ing Rules of the Senate, no evidence under Executive nominations received by CAPT. MARK R. WHITNEY the control or in the possession of the Senate the Senate: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF HOUSING AND URBAN IN THE UNITED STATES NAVY TO THE GRADE INDICATED may, by the judicial or administrative proc- UNDER TITLE 10, U.S.C., SECTION 624: ess, be taken from such control or possession DEVELOPMENT To be rear admiral (lower half) but by permission of the Senate; and MAURICE A. JONES, OF VIRGINIA, TO BE DEPUTY SEC- Whereas, when it appears that evidence RETARY OF HOUSING AND URBAN DEVELOPMENT, VICE CAPT. CINDY L. JAYNES under the control or in the possession of the RONALD C. SIMS, RETIRED. IN THE AIR FORCE Senate may promote the administration of DEPARTMENT OF THE TREASURY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT justice, the Senate will take such action as MATTHEW S. RUTHERFORD, OF ILLINOIS, TO BE AN AS- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- will promote the ends of justice consistent SISTANT SECRETARY OF THE TREASURY, VICE MARY CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE JOHN MILLER. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION with the privileges of the Senate: Now, 601: therefore, be it Resolved, That Gina Gormley f To be lieutenant general is authorized to testify in the cases of DISCHARGED NOMINATIONS Kanelos v. County of Mohave, et al. and MAJ. GEN. JUDITH A. FEDDER Zanna, et al. v. Mohave County et al., except The Senate Committee on Health, IN THE ARMY concerning matters for which a privilege Education, Labor, and Pensions was THE FOLLOWING NAMED OFFICER FOR APPOINTMENT should be asserted. IN THE UNITED STATES ARMY TO THE GRADE INDICATED discharged from further consideration WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND f of the following nominations by unani- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: mous consent and the nominations To be lieutenant general ORDERS FOR MONDAY, were confirmed: SEPTEMBER 26, 2011 MAJ. GEN. MICHAEL T. FLYNN PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING IN THE AIR FORCE Mr. REID. Mr. President, I ask unan- WITH AYSHA Z. AKHTAR AND ENDING WITH MYKAH N. WYNTER, WHICH NOMINATIONS WERE RECEIVED BY THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT imous consent that when the Senate SENATE AND APPEARED IN THE CONGRESSIONAL IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- completes its business today, it ad- RECORD ON SEPTEMBER 8, 2011. CATED UNDER TITLE 10, U.S.C., SECTION 624: journ until 3:30 p.m., Monday, Sep- f To be major general tember 26; that following the prayer CONFIRMATIONS BRIG. GEN. SCOTT M. HANSON and the pledge, the Journal of pro- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Executive nominations confirmed by IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ceedings be approved to date, the CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE morning hour be deemed to have ex- the Senate September 23, 2011: AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION pired, the time for the two leaders be DEPARTMENT OF DEFENSE 601: To be lieutenant general reserved for their use later in the day; ASHTON B. CARTER, OF MASSACHUSETTS, TO BE DEP- that following any leader remarks, the UTY SECRETARY OF DEFENSE. MAJ. GEN. CLYDE D. MOORE II Senate be in period of morning busi- IN THE AIR FORCE IN THE NAVY ness until 4:30 p.m., with Senators per- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES NAVY TO THE GRADE INDICATED mitted to speak therein for up to 10 CATED UNDER TITLE 10, U.S.C., SECTION 624: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND minutes each; and that following morn- To be brigadier general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be admiral ing business, the Senate resume consid- COL. TIMOTHY J. LEAHY eration of the motion to concur with IN THE NAVY VICE ADM. CECIL E. D. HANEY respect to the House message to ac- IN THE ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT company H.R. 2608, which is the vehicle IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING ARMY NATIONAL GUARD OF THE for the continuing resolution and the UNDER TITLE 10, U.S.C., SECTION 624: UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- To be rear admiral (lower half) SERVE OF THE ARMY TO THE GRADE INDICATED UNDER FEMA funding, with the time until 5:30 TITLE 10, U.S.C., SECTIONS 12203 AND 12211: p.m. equally divided and controlled be- CAPT. REBECCA J. MCCORMICK-BOYLE To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT tween the two leaders or their des- COL. ROBERT F. THOMAS ignees; further, that the second-degree IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: IN THE AIR FORCE filing deadline for the motion to con- To be rear admiral (lower half) cur be at 5 p.m. on Monday. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED CAPT. RAQUEL C. BONO STATES OFFICER FOR APPOINTMENT IN THE RESERVE The PRESIDING OFFICER. Without OF THE AIR FORCE TO THE GRADE INDICATED UNDER IN THE AIR FORCE objection, it is so ordered. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major general f IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE BRIG. GEN. ALLYSON R. SOLOMON PROGRAM AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED 601: STATES OFFICER FOR APPOINTMENT IN THE RESERVE Mr. REID. Mr. President, the next To be lieutenant general OF THE AIR FORCE TO THE GRADE INDICATED UNDER rollcall vote will be at 5:30 p.m. Mon- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MAJ. GEN. JAN-MARC JOUAS day on the motion to invoke cloture on To be brigadier general IN THE ARMY the motion to concur in the House mes- COL. GARY W. KEEFE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED sage to accompany H.R. 2608 with an AS THE SURGEON GENERAL, UNITED STATES ARMY, AND STATES OFFICERS FOR APPOINTMENT IN THE RESERVE amendment, which is basically a 6- APPOINTMENT TO THE GRADE INDICATED WHILE AS- OF THE AIR FORCE TO THE GRADE INDICATED UNDER week continuing resolution to fund the SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: BILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 3036: To be brigadier general government, together with FEMA. To be lieutenant general COLONEL FREDERIK G. HARTWIG f MAJ. GEN. PATRICIA D. HOROHO COLONEL DONALD L. JOHNSON COLONEL KENNETH W. WISIAN IN THE NAVY ADJOURNMENT UNTIL MONDAY, THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED SEPTEMBER 26, 2011, AT 3:30 P.M. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STATES OFFICERS FOR APPOINTMENT IN THE RESERVE IN THE UNITED STATES NAVY TO THE GRADE INDICATED OF THE AIR FORCE TO THE GRADE INDICATED UNDER Mr. REID. Mr. President, if there is UNDER TITLE 10, U.S.C., SECTION 624: TITLE 10, U.S.C., SECTIONS 12203 AND 12212: no further business to come before the To be rear admiral To be major general Senate, I ask unanimous consent that REAR ADM. (LH) DOUGLAS J. VENLET BRIGADIER GENERAL JOSEPH G. BALSKUS

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BRIGADIER GENERAL WILLIAM S. HADAWAY III NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- LIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE BRIGADIER GENERAL MARK R. KRAUS PEARED IN THE CONGRESSIONAL RECORD ON JULY 20, SENATE AND APPEARED IN THE CONGRESSIONAL BRIGADIER GENERAL CATHERINE S. LUTZ 2011. RECORD ON SEPTEMBER 15, 2011. AIR FORCE NOMINATIONS BEGINNING WITH MARK W. ARMY NOMINATIONS BEGINNING WITH MATTHEW J. IN THE ARMY DUFF AND ENDING WITH BRYAN A. WILLIAMS, WHICH CONDE AND ENDING WITH VICTOR M. PALOMARES, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE UNITED STATES ARMY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON SEP- AND APPEARED IN THE CONGRESSIONAL RECORD ON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TEMBER 6, 2011. SEPTEMBER 15, 2011. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AIR FORCE NOMINATIONS BEGINNING WITH CHAD J. ARMY NOMINATIONS BEGINNING WITH LEE A. ADAMS CARDA AND ENDING WITH BARRY J. VAN SICKLE, WHICH AND ENDING WITH MARK A. YOUNG, WHICH NOMINA- To be lieutenant general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON SEP- MAJ. GEN. JAMES L. TERRY IN THE CONGRESSIONAL RECORD ON SEPTEMBER 15, 2011. TEMBER 6, 2011. ARMY NOMINATIONS BEGINNING WITH KATHIE S. AIR FORCE NOMINATION OF CHRISTOPHER J. OLEKSA, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CLARK AND ENDING WITH NANCY L. MCLAUGHLIN, TO BE COLONEL. IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AIR FORCE NOMINATION OF ARTHUR L. BOUCK, TO BE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AND APPEARED IN THE CONGRESSIONAL RECORD ON MAJOR. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SEPTEMBER 15, 2011. AIR FORCE NOMINATION OF TAMALA L. GULLEY, TO BE To be lieutenant general MAJOR. ARMY NOMINATIONS BEGINNING WITH LYNN R. GAY- AIR FORCE NOMINATION OF MICHAEL H. HEUER, TO BE LORD AND ENDING WITH VICKI L. NOLIN, WHICH NOMINA- MAJ. GEN. WILLIAM T. GRISOLI COLONEL. TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE CONGRESSIONAL RECORD ON SEPTEMBER 15, 2011. IN THE RESERVE OF THE ARMY TO THE GRADE INDI- IN THE ARMY ARMY NOMINATIONS BEGINNING WITH NATHAN W. BLACK AND ENDING WITH TROY G. DANDERSON, WHICH CATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATIONS BEGINNING WITH LARRY W. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be major general DOTSON AND ENDING WITH DAMIAN K. WADDELL, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON SEP- BRIG. GEN. MARGARET W. BOOR PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 2, TEMBER 15, 2011. 2011. THE FOLLOWING ARMY NATIONAL GUARD OF THE IN THE MARINE CORPS UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- ARMY NOMINATION OF JACK M. MARKUSFELD, TO BE COLONEL. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER MARINE CORPS NOMINATIONS BEGINNING WITH PAUL TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ARMY NOMINATION OF STEPHEN R. TAYLOR, TO BE MAJOR. M. ABOUD AND ENDING WITH RICHARD M. ZJAWIN, WHICH To be brigadier general ARMY NOMINATION OF HAL D. BAIRD, TO BE COLONEL. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF JAMES E. ORR, TO BE COLONEL. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY COL. RAPHAEL G. PEART ARMY NOMINATIONS BEGINNING WITH STEVEN A. 3, 2011. THE FOLLOWING ARMY NATIONAL GUARD OF THE CHAMBERS AND ENDING WITH JAMES P. WALDRON, MARINE CORPS NOMINATION OF JOHN L. HYATT, JR., UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TO BE MAJOR. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER AND APPEARED IN THE CONGRESSIONAL RECORD ON TITLE 10, U.S.C., SECTIONS 12203 AND 12211: SEPTEMBER 8, 2011. IN THE NAVY ARMY NOMINATIONS BEGINNING WITH SUSAN M. To be major general CAMORODA AND ENDING WITH GERSON S. VALLES, NAVY NOMINATION OF PAUL E. SCHOENBUCHER, JR., WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TO BE CAPTAIN. BRIG. GEN. TERRY M. HASTON AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATION OF JOHN N. DESVERREAUX, TO BE IN THE NAVY SEPTEMBER 8, 2011. CAPTAIN. ARMY NOMINATION OF HYUN S. SIM, TO BE COLONEL. NAVY NOMINATION OF DAVID D. DINKINS, TO BE LIEU- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF OLGA BETANCOURT, TO BE TENANT COMMANDER. IN THE UNITED STATES NAVY TO THE GRADE INDICATED MAJOR. NAVY NOMINATION OF KEVIN J. OLIVER, TO BE LIEU- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATION OF MICHAEL C. FREIDL, TO BE TENANT COMMANDER. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MAJOR. NAVY NOMINATIONS BEGINNING WITH MICHAEL To be vice admiral ARMY NOMINATION OF NATACHA L. MILLER, TO BE FORTUNATO AND ENDING WITH MATTHEW T. WELLOCK, MAJOR. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE REAR ADM. MICHAEL S. ROGERS ARMY NOMINATION OF BENJAMIN D. OWEN, TO BE AND APPEARED IN THE CONGRESSIONAL RECORD ON MAJOR. SEPTEMBER 8, 2011. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH HEIDI J. COX IN THE UNITED STATES NAVY TO THE GRADE INDICATED NAVY NOMINATIONS BEGINNING WITH JOSEPH H. AND ENDING WITH MARK A. RICH, WHICH NOMINATIONS ADAMS II AND ENDING WITH JEREMY S. YARBROUGH, WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WERE RECEIVED BY THE SENATE AND APPEARED IN THE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CONGRESSIONAL RECORD ON SEPTEMBER 14, 2011. AND APPEARED IN THE CONGRESSIONAL RECORD ON To be vice admiral ARMY NOMINATIONS BEGINNING WITH COLIN A. SEPTEMBER 8, 2011. BITTERFIELD AND ENDING WITH ANDREAS W. WOOTEN, NAVY NOMINATIONS BEGINNING WITH DAMON M. ARM- REAR ADM. FRANK C. PANDOLFE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE STRONG AND ENDING WITH MARISOL C. ZIEMBA, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE AIR FORCE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SEPTEMBER 14, 2011. PEARED IN THE CONGRESSIONAL RECORD ON SEP- ARMY NOMINATIONS BEGINNING WITH RICHARD J. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED TEMBER 14, 2011. ALLINGER AND ENDING WITH MARGARET A. YOUNG- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE NAVY NOMINATIONS BEGINNING WITH JAMES P. BLOOD, WHICH NOMINATIONS WERE RECEIVED BY THE OF THE AIR FORCE TO THE GRADE INDICATED UNDER ALDERETE II AND ENDING WITH SETH T. WILLIAMS, SENATE AND APPEARED IN THE CONGRESSIONAL TITLE 10, U.S.C., SECTIONS 12203 AND 12212: WHICH NOMINATIONS WERE RECEIVED BY THE SENATE RECORD ON SEPTEMBER 14, 2011. AND APPEARED IN THE CONGRESSIONAL RECORD ON To be brigadier general ARMY NOMINATIONS BEGINNING WITH BRIAN R. BEN- SEPTEMBER 14, 2011. JAMIN AND ENDING WITH MARK D. YOUNG, WHICH NOMI- COLONEL RANDALL R. BALL NATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH SAAD M. ALAZIZ COLONEL JOHN P. BARTHOLF PEARED IN THE CONGRESSIONAL RECORD ON SEP- AND ENDING WITH MICHAEL A. ZUNDEL, WHICH NOMINA- COLONEL STEVEN J. BERRYHILL TEMBER 14, 2011. TIONS WERE RECEIVED BY THE SENATE AND APPEARED COLONEL GRETCHEN S. DUNKELBERGER ARMY NOMINATIONS BEGINNING WITH TERESE B. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 14, 2011. COLONEL GREG A. HAASE ACOCELLA AND ENDING WITH GARY L. WILLIAMSON, NAVY NOMINATIONS BEGINNING WITH MICHAEL W. COLONEL SCOTT L. KELLY WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BLOOMROSE AND ENDING WITH CHRISTOPHER P. COLONEL MAUREEN MCCARTHY AND APPEARED IN THE CONGRESSIONAL RECORD ON TOSCANO, WHICH NOMINATIONS WERE RECEIVED BY THE COLONEL MARK A. MCCAULEY SEPTEMBER 14, 2011. SENATE AND APPEARED IN THE CONGRESSIONAL COLONEL MARSA L. MITCHELL ARMY NOMINATIONS BEGINNING WITH MICHAEL D. RECORD ON SEPTEMBER 14, 2011. COLONEL HARRY D. MONTGOMERY, JR. ALPERIN AND ENDING WITH DAVID S. WILLIAMS, WHICH NAVY NOMINATIONS BEGINNING WITH HECTOR COLONEL JON K. MOTT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ACEVEDO AND ENDING WITH JAY ZULUETA, WHICH NOMI- COLONEL BRIAN C. NEWBY PEARED IN THE CONGRESSIONAL RECORD ON SEP- NATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL DAVID W. NEWMAN TEMBER 14, 2011. PEARED IN THE CONGRESSIONAL RECORD ON SEP- COLONEL DAVID SNYDER ARMY NOMINATIONS BEGINNING WITH CLAYTON T. ABE TEMBER 14, 2011. COLONEL DEAN L. WINSLOW AND ENDING WITH TERRENCE A. SMITH, WHICH NOMINA- NAVY NOMINATIONS BEGINNING WITH JAVIER ARAUJO TIONS WERE RECEIVED BY THE SENATE AND APPEARED AND ENDING WITH RAYMOND C. YAU, WHICH NOMINA- IN THE ARMY IN THE CONGRESSIONAL RECORD ON SEPTEMBER 14, 2011. TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH GEORGE V. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 14, 2011. IN THE UNITED STATES ARMY TO THE GRADE INDICATED HANKEWYCZ AND ENDING WITH HENRY K. THOMAS, NAVY NOMINATIONS BEGINNING WITH THOMAS T. COOK WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND ENDING WITH LEROY C. YOUNG, WHICH NOMINA- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND APPEARED IN THE CONGRESSIONAL RECORD ON TIONS WERE RECEIVED BY THE SENATE AND APPEARED SEPTEMBER 14, 2011. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 14, 2011. To be lieutenant general ARMY NOMINATIONS BEGINNING WITH JOHN F. NAVY NOMINATIONS BEGINNING WITH ADNAN S. AHSAN BOWLEY AND ENDING WITH MAUREEN E. WEBER, WHICH AND ENDING WITH REBECCA L. WALDRAM, WHICH NOMI- MAJ. GEN. RAYMOND V. MASON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON SEP- PEARED IN THE CONGRESSIONAL RECORD ON SEP- IN THE UNITED STATES ARMY TO THE GRADE INDICATED TEMBER 14, 2011. TEMBER 14, 2011. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATION OF KELLY A. CRICKS, TO BE NAVY NOMINATIONS BEGINNING WITH FABIO O. AUS- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601; MAJOR. TRIA, JR. AND ENDING WITH DONNA L. SMOAK, WHICH AND TO BE A SENIOR MEMBER OF THE MILITARY STAFF ARMY NOMINATION OF DAMIAN G. MCCABE, TO BE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COMMITTEE OF THE UNITED NATIONS UNDER TITLE 10, MAJOR. PEARED IN THE CONGRESSIONAL RECORD ON SEP- U.S.C., SECTION 711: ARMY NOMINATION OF JOHN R. PENDERGRASS, TO BE TEMBER 14, 2011. MAJOR. To be lieutenant general ARMY NOMINATIONS BEGINNING WITH ROBERT D. PUBLIC HEALTH SERVICE BLACK AND ENDING WITH TRUDY A. SALERNO, WHICH MAJ. GEN. TERRY A. WOLFF NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING IN THE AIR FORCE PEARED IN THE CONGRESSIONAL RECORD ON SEP- WITH AYSHA Z. AKHTAR AND ENDING WITH MYKAH N. TEMBER 15, 2011. WYNTER, WHICH NOMINATIONS WERE RECEIVED BY THE AIR FORCE NOMINATIONS BEGINNING WITH DAVID B. ARMY NOMINATIONS BEGINNING WITH JAMES A. SENATE AND APPEARED IN THE CONGRESSIONAL BARKER AND ENDING WITH ANGELA M. YUHAS, WHICH CHRISTENSEN AND ENDING WITH KATHLEEN A. WIL- RECORD ON SEPTEMBER 8, 2011.

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