Congressional Record (Bound Edition), Volume 156 (2010), Part 6 - Congressional Record (Bound Edition), Volume 156 for May 7, 2010

[Congressional Record (Bound Edition), Volume 156 (2010), Part 6]
[Issue]
[Pages 7590-7662]
[From the U.S. Government Publishing Office, www.gpo.gov]

[[Page 7590]]

HOUSE OF REPRESENTATIVES--Friday, May 7, 2010

The House met at 10 a.m. and was called to order by the Speaker pro
tempore (Mr. Driehaus).

____________________

DESIGNATION OF THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore laid before the House the following
communication from the Speaker:

Washington, DC,

May 7, 2010.
I hereby appoint the Honorable Steve Driehaus to act as
Speaker pro tempore on this day.
Nancy Pelosi,
Speaker of the House of Representatives.

____________________

PRAYER

Rev. Clete Kiley, Faith and Politics Institute, Washington, DC,
offered the following prayer:
Father in Heaven, bless us as we gather today for this meeting of the
House of Representatives.
Guide our minds and hearts so that we will work for the common good
of our Nation and for the benefit of our people.
Teach us to be generous in our outlook and patient with each other.
Strengthen us to be courageous in the face of the challenges we face
as a nation and to be wise in our decisions.
May You, who begin this good work here this morning, bring it to
fulfillment according to Your plan.
We thank and praise You, for You are God forever and ever. Amen.

____________________

THE JOURNAL

The SPEAKER pro tempore. The Chair has examined the Journal of the
last day's proceedings and announces to the House his approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.

____________________

PLEDGE OF ALLEGIANCE

The SPEAKER pro tempore. The Chair will lead the House in the Pledge
of Allegiance.
The SPEAKER pro tempore led the Pledge of Allegiance as follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.

____________________

ADJOURNMENT

The SPEAKER pro tempore. Without objection, the House stands
adjourned until 12:30 p.m. on Tuesday next for morning-hour debate.
There was no objection.
Accordingly (at 10 o'clock and 1 minute a.m.), under its previous
order, the House adjourned until Tuesday, May 11, 2010, at 12:30 p.m.,
for morning-hour debate.

____________________

EXECUTIVE COMMUNICATIONS, ETC.

Under clause 2 of rule XIV, executive communications were taken from
the Speaker's table and referred as follows:

7384. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule--Cyromazine; Pesticide Tolerances [EPA-
HQ-OPP-2008-0866; FRL-8801-6] received April 22, 2010,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
7385. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule--Difenoconazole Pesticide Tolerances
[EPA-HQ-OPP-2009-0162; FRL-8817-3] received April 22, 2010,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
7386. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule--Imidacloprid; Pesticide Tolerances [EPA-
HQ-OPP-2008-0722; FRL-8818-5] received April 22, 2010,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
7387. A letter from the Acting Director, Office of Thrift
Supervision, Department of Treasury, transmitting a letter on
the details of the Office's 2010 compensation plan; to the
Committee on Financial Services.
7388. A letter from the Inspector General, Department of
Health and Human Services, transmitting Fiscal year 2009
Office of Inspector General Medicaid Integrity Report; to the
Committee on Energy and Commerce.
7389. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule--Approval and Promulgation of Air Quality
Implementation Plans; New Mexico; Revisions to New Mexico
Transportation Conformity Regulations [EPA-R06-OAR-2006-0990;
FRL-9141-1] received April 22, 2010, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
7390. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule--Designation of Areas for Air Quality
Planning Purposes; California; San Joaquin Valley, South
Coast Air Basin, Coachella Valley, and Sacramento Metro 8-
hour Ozone Nonattainment Areas; Reclassification [EPA-R09-
OAR-2008-0467; FRL-9141-8] received April 22, 2010, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and
Commerce.
7391. A letter from the Secretary, Department of
Transportation, transmitting the Department's annual report
for Fiscal Year 2009 prepared in accordance with Section 203
of the Notification and Federal Employee Antidiscrimination
and Retaliation Act of 2002 (No FEAR Act), Public Law 107-
174; to the Committee on Oversight and Government Reform.
7392. A letter from the Administrator, General Services
Administration, transmitting the Administration's annual
report for FY 2009 prepared in accordance with the
Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (No FEAR Act); to the Committee on
Oversight and Government Reform.
7393. A letter from the Acting Senior Procurement
Executive, General Services Administration, transmitting the
Administration's final rule--Federal Acquisition Regulation;
FAR Case 2009-005, Use of Project Labor Agreements for
Federal Construction Projects [FAC 2005-41; FAR Case 2009-
005; Item I; Docket 2009-0024, Sequence 1] (RIN: 9000-AL31)
received April 28, 2010, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Oversight and Government Reform.
7394. A letter from the Deputy Archivist of the United
States, National Archives and Records Administration,
transmitting the Administration's final rule--National
Industrial Security Program Directive No. 1 [FDMS Docket
ISOO-09-0001] (RIN: 3095-AB63) received April 14, 2010,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Oversight and Government Reform.
7395. A letter from the Director, Office of Personnel
Management, transmitting the Office's Fiscal Year 2009
Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (No FEAR Act), pursuant to Public Law
107-174, section 203; to the Committee on Oversight and
Government Reform.
7396. A letter from the Assistant Secretary--Land and
Minerals Management, Department of the Interior, transmitting
the Department's final rule--Oil and Gas and Sulphur
Operations in the Outer Continental Shelf -- Oil and Gas
Production Requirements [MMS-2008-OMM-0034] (RIN: 1010-AD12)
received April 15, 2010, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Natural Resources.
7397. A letter from the Senior Procurement Analyst,
Department of the Interior, transmitting the Department's
final rule--Acquisition Regulation Rewrite (RIN: 1093-AA1)
received April 15, 2010, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Natural Resources.
7398. A letter from the Assistant Administrator for
Fisheries, National Oceanic and Atmospheric Administration,
transmitting the Administration's 2009 Report on the
Disclosure of Financial Interest and Recusal Requirements for
Regional Fishery Management Councils and Scientific and
Statistical Committees, pursuant to Section 302(j) of the
Magnuson-Stevens Fishery Conservation and Management Act; to
the Committee on Natural Resources.
7399. A letter from the Assistant Administrator for
Fisheries, National Oceanic and Atmospheric Administration,
transmitting the Administration's 2009 report on
Apportionment of Membership on the Regional

[[Page 7591]]

Fishery Management Councils, pursuant to Section 302(b)(2)(B)
of the Magnuson-Stevens Fishery Conservation and Management
Act; to the Committee on Natural Resources.
7400. A letter from the Staff Director, Commission on Civil
Rights, transmitting notification that the Commission
recently appointed members to the Washington Advisory
Committee; to the Committee on the Judiciary.
7401. A letter from the Staff Director, Commission on Civil
Rights, transmitting notification that the Commission
recently appointed members to the New Jersey Advisory
Committee; to the Committee on the Judiciary.
7402. A letter from the Assistant Attorney General,
Department of Justice, transmitting the Department's report
detailing activities under the Civil Rights of
Institutionalized Persons Act during Fiscal Year 2009; to the
Committee on the Judiciary.
7403. A letter from the Attorney-Advisor, Department of
Homeland Security, transmitting the Department's final rule--
Drawbridge Operation Regulation; Chester River, Chestertown,
MD [Docket No.: USCG-2009-0796] (RIN: 1625-AA09) received
April 22, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.

____________________

REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as
follows;

Mr. OBERSTAR: Committee on Transportation and
Infrastructure. House Resolution 1284. Resolution supporting
the goals and ideals of National Learn to Fly Day, and for
other purposes; with amendments (Rept. 111-477). Referred to
the House Calendar.
Mr. GORDON of Tennessee: Committee on Science and
Technology. H.R. 5116. A bill to invest in innovation through
research and development, to improve the competitiveness of
the United States, for other purposes; with an amendment
(Rept. 111-478, Pt. 1). Referred to the Committee of the
Whole House on the State of the Union.

DISCHARGE OF COMMITTEE

Pursuant to clause 2 of rule XIII, the Committee on Education and
Labor discharged from further consideration. H.R. 5116 referred to the
Committee of the Whole House on the State of the Union.

____________________

PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of rule XII,

Mr. FRANK of Massachusetts (for Mr. Kanjorski, Ms.
Waters, and Ms. Matsui) introduced a bill (H.R. 5255)
to reauthorize the National Flood Insurance Program,
and for other purposes; which was referred to the
Committee on Financial Services.

____________________

ADDITIONAL SPONSORS

Under clause 7 of rule XII, sponsors were added to public bills and
resolutions as follows:

H.R. 3993: Ms. Tsongas.
H.R. 5116: Mr. Ehlers, Mr. Lipinski, Mr. Carnahan, Ms.
Eddie Bernice Johnson of Texas, Ms. Giffords, Mr. Garamendi,
Ms. Fudge, Mr. Tonko, Mr. Baird, Mr. Wilson of Ohio, Mr.
Maffei, Mr. Markey of Massachusetts, Mr. Rothman of New
Jersey, Mr. Inslee, Ms. Woolsey, Mrs. Dahlkemper, Ms.
Richardson, Mr. Holt, Mr. Miller of North Carolina, Mr. Wu,
Ms. Edwards of Maryland, Mr. Costello, Ms. Eshoo, Mr.
Perriello, Ms. Kosmas, Mr. Altmire, Mr. Mitchell, Mr.
Salazar, Mr. Bishop of Georgia, Mr. Minnick, Mr. Space, Mr.
Moore of Kansas, Mr. Ellsworth, Mr. Arcuri, Mr. Barrow, Mr.
Shuler, Mr. Boyd, Mr. Hoyer, Mr. McNerney, Ms. Zoe Lofgren of
California, Mr. George Miller of California, Mr. Lujan, Mr.
Matheson, Mr. Hinojosa, Mr. Chandler, Ms. Harman, Mr. Moran
of Virginia, Mr. Reyes, Mr. Michaud, Mr. Schiff, Mr. Meek of
Florida, Mr. Schauer, Mr. Carney, Ms. Tsongas, Mr. Marshall,
Mr. Yarmuth, Mr. Langevin, Mr. Capuano, Mr. Heinrich, Ms.
Pingree of Maine, Mr. Hill, Mr. Hare, Mr. Dingell, Mr.
Thompson of California, Ms. Chu, Mr. Grayson, Mr. Kind, Mr.
Van Hollen, Mr. Davis of Tennessee, Mr. Peters, Mr. Murphy of
New York, Ms. Castor of Florida, Mrs. Halvorson, Ms. Shea-
Porter, Ms. Kilroy, Ms. Clarke, Mr. Clyburn, Ms. Titus, Mr.
Courtney, Mr. Hall of New York, Mr. Tierney, Ms. Hirono, Mr.
Connolly of Virginia, Mr. Holden, Mr. Foster, Ms. DeLauro,
Mr. McGovern, Mr. Patrick J. Murphy of Pennsylvania, Mr.
Kratovil, Mr. Donnelly of Indiana, Mr. Quigley, Mrs. Biggert,
Mr. Klein of Florida, Mr. Ross, Mr. Larson of Connecticut,
Ms. Sutton, Mr. Ellison, Mr. Deutch, Mr. Schrader, Mr.
Boccieri, and Ms. Markey of Colorado.

[[Page 7592]]

SENATE--Friday, May 7, 2010

The Senate met at 9:30 a.m. and was called to order by the Honorable
Mark R. Warner, a Senator from the Commonwealth of Virginia.
______

prayer

The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Eternal God, thank You for life's blessings that You give us from
Your open hand and heart. Lord, You have blessed us with the Sun, the
stars, the wind, the rain, the sea, the sky, the fields and forests.
All of these gifts we too often take for granted.
Thank You for the Members of this legislative body and the many other
workers who serve You faithfully away from the spotlight. Empower them
to meet the challenges of our times with Your providential power.
Strengthen them to perform faithfully and well the work You have
assigned their hands to do.
We pray in Your great Name. Amen.

____________________

PLEDGE OF ALLEGIANCE

The Honorable Mark R. Warner led the Pledge of Allegiance, as
follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.

____________________

APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

The PRESIDING OFFICER. The clerk will please read a communication to
the Senate from the President pro tempore (Mr. Byrd).
The assistant legislative clerk read the following letter:

U.S. Senate,

President pro tempore,

Washington, DC, May 7, 2010.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
Mark R. Warner, a Senator from the Commonwealth of Virginia,
to perform the duties of the Chair.
Robert C. Byrd,
President pro tempore.

Mr. WARNER thereupon assumed the chair as Acting President pro
tempore.

____________________

RECOGNITION OF THE MAJORITY LEADER

The ACTING PRESIDENT pro tempore. The majority leader is recognized.

____________________

SCHEDULE

Mr. REID. Mr. President, following leader remarks, the Senate will
resume consideration of the Wall Street reform bill. There will be no
rollcall votes today or on Monday or on next Friday. The following
Monday, we will take a look at that. That is now scheduled as a no-vote
day. We may not be able to do that. Other things have come up, not the
least of which is a conversation with Secretary Gates yesterday about
the supplemental war funding bill.
We are going to do our utmost to finish the bill we are on now next
week. We have today and all day Monday for people to work on
amendments, and we would hope we can make some progress in that regard.
Yesterday, there were a few difficult spots, but late in the evening we
were able to get the Senate back on track. We had some important
legislation done last night.
I repeat what I said last night: There doesn't need to be long
periods of time for debating most of these issues. We have all studied
them. This bill has been in the public eye for a long time. Sherrod
Brown had a controversial, important amendment. I supported that
amendment. But he spoke for 5 minutes. The opposition spoke for 5
minutes. Everyone understood what they were doing. It was a good vote.
I use that as an example. We can move through this stuff much more
rapidly.
We want to make sure Senators have opportunities to offer amendments.
As I said yesterday, there are lots of amendments. A lot of them are in
the same area. We need to focus on these. Senator Durbin has six
amendments. He is going to offer one of his amendments. That is an
example for all of us to follow.
Again, we ended the day on a good note. I believe that is important.
We have already lined up some things to do when we begin legislative
session on Tuesday, but on Monday, the two managers will be ready to do
business on work they are doing. A number of these things can be worked
out. The two people managing the banking part of this bill are longtime
legislators. They have handled many bills on the Senate floor. They
will accept a lot of these amendments.
The derivatives part of this bill is, by some standards, a little
more complicated, but even there the issues are fairly clear. Senators
Lincoln and Chambliss are ready to work with Senators who have ideas as
to how, if at all, they want to change the legislation. They are also
ready for business.
I hope people understand the urgency of our agenda. We have many
things to do and a very short period of time to do them.

____________________

RESERVATION OF LEADER TIME

The ACTING PRESIDENT pro tempore. Under the previous order, the
leadership time is reserved.

____________________

RESTORING AMERICAN FINANCIAL STABILITY ACT OF 2010

The ACTING PRESIDENT pro tempore. The Senate will resume
consideration of S. 3217, which the clerk will report.
The assistant legislative clerk read as follows:

A bill (S. 3217) to promote the financial stability of the
United States by improving accountability and transparency in
the financial system, to end ``too big to fail,'' to protect
the American taxpayer by ending bailouts, to protect
consumers from abusive financial services practices, and for
other purposes.

Pending:

Reid (for Dodd/Lincoln) amendment No. 3739, in the nature
of a substitute.
Sanders/Dodd modified amendment No. 3738 (to amendment No.
3739), to require the nonpartisan Government Accountability
Office to conduct an independent audit of the Board of
Governors of the Federal Reserve System that does not
interfere with monetary policy, to let the American people
know the names of the recipients of over $2 trillion in
taxpayer assistance from the Federal Reserve System.

Mr. REID. I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. I ask unanimous consent that the order for the quorum call
be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.

Unanimous-Consent Request--H.R. 4899

Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of H.R. 4899, FEMA supplemental, the
Federal Emergency Management Agency, which legislation is at the desk;
that the only amendment in order to the bill be a Reid amendment
regarding settlement of lawsuits against the Federal Government and
emergency disaster assistance; that the amendment be considered and
agreed to; the bill, as amended, be read a third time, passed, and the
motion to reconsider be laid on the table; and that any statements
related to this matter be printed in the Record.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. COBURN. I object.
The ACTING PRESIDENT pro tempore. Objection is heard.

[[Page 7593]]

The Senator from Tennessee.
Mr. CORKER. Mr. President, I rise to speak on the bill before us. I
know John McCain from Arizona has filed an amendment on Fannie and
Freddie, or GSEs, as we call them. I wish to speak on that amendment.
I know I have worked with our Presiding Officer on big pieces of this
bill. I very much appreciate the spirit with which we have worked on
this bill.
All of us know there are pieces of this legislation that are very
appropriate. Certainly, the orderly liquidation title that the
Presiding Officer, myself, Senator Dodd, Senator Shelby, and so many
others have been involved in is an important piece of this legislation.
All of us realize secondarily that the derivatives title, once it gets
corrected and is in the right form, is a very important piece of trying
to deal with what we as a country have dealt with over these last
couple of years. Certainly, some elements of consumer protection are
very important. I hope we are able to get that back in balance.
I believe, as with any piece of legislation we pass here, sometimes
we take a crisis and use it to cause things to happen that don't
necessarily have to do with the crisis itself. I certainly believe that
is the case with some of the expanse as it relates to consumer
protection. But the fact is, I think the orderly liquidation title is
something that is a useful tool. Hopefully, we will get the derivatives
title right, and we will no longer have a situation where people are
hugely money bad and don't settle up on a daily basis and end up with
the kind of situation we are all so familiar with as it relates to AIG.
There are still three areas we have not dealt with that are very
important. One of them is underwriting. I hope the Presiding Officer
and others will be able to work together and come up with an
appropriate underwriting title. At the base and the core of this whole
crisis, the fact is, what generated this worldwide crisis was the fact
that a bunch of bad loans were written that should have never been
written. This bill does nothing whatsoever--zero--to deal with loan
underwriting. To me, that is a huge oversight. I am hoping that the
Senator from Connecticut, the Senator from Virginia, and the Senator
from Alabama--many of us will figure out a way to deal with it in an
appropriate way.
I have an amendment. It is an approach. I am hoping, over the course
of the next week and a half, we will figure out a way to deal with the
core issue of this last crisis, which is, no doubt, we wrote a bunch of
loans--our country did--mortgages were extended to people who could not
pay them back.
Second, credit ratings. The fact is, the credit rating agencies were
at the core of this. I know the bill attempts to deal with credit
rating agencies by virtue of a pleading standard, making it so they are
more liable for some of the recommendations they put forth. It is my
sense what is going to happen, by addressing it that way, is the
smaller firms that are just entering the market--that would like to be
constructive as it relates to credit ratings--basically are going to be
pushed out of the market, and the larger firms will be more
consolidated or have a bigger piece of the business because they will
be able to withstand some of the litigation that will take place,
hopefully, if they make bad recommendations.
But I think there are probably some other ways of looking at this. I
know there are people in this body on both sides of the aisle who
constructively are trying to figure out a way to deal with that.
But the one glaring, glaring, glaring piece is Fannie and Freddie. I
think one of the reasons we, as a body, have not dealt with Fannie and
Freddie is they are huge, they are a big part of the market, the
housing industry is very dependent upon them, and there has not been a
consolidation around what most works to move them away from being such
a big piece of the market and such a huge liability for our country.
That is why I so much like the amendment John McCain from Arizona has
put forth. I know he has worked with Judd Gregg and others. But what is
outstanding about his amendment is--there are two things. No. 1, the
fact is, we actually have to be honest with the American people about
the cost, the liabilities we are picking up as it relates to the GSEs.
Each year, for budgetary reasons, we will have to allocate moneys for
the actual liabilities that exist. I think that is a good thing. I
think that is a very important step. There will be some transparency
into what those organizations are actually costing our country. I think
all of us realize Fannie and Freddie are a huge problem and we need to
deal with it.
The second piece of the McCain amendment I like so much is it puts in
place a date certain, a certain time by which we, as a body, have to
have dealt with them. One of the things I worry about--again, it is
pretty hard to believe we have not thoughtfully figured out a way to
deal with the GSEs at the time of passage right now. What I worry about
is this bill passes and we move on to other topics and still have these
huge issues that our country needs to deal with that we know are out of
control, that have done incredibly terrible jobs in underwriting and
basically have missions that counter each other. The fact is, it has a
social mission, it has a business mission. We have tried to put those
together, and it has not worked. We all know we have to deal with that
in a different way.
What the McCain amendment would do is ensure that we deal with it.
Sometimes, again, we move beyond a crisis, we start thinking about
other things, and then we have these festering problems that have not
been dealt with.
So let me say this. I am being pretty honest right here on the floor.
I realize none of us yet have come up with a silver bullet answer on
what to do exactly with the GSEs. How do we move them into the private
market without totally disrupting what is happening right now, with
them being such a huge part of what is happening?
The McCain amendment would just make sure, by a date certain, we deal
with it, and we can do so incrementally. I know some people on the
other side of the aisle might take the McCain amendment as a major
criticism. I do not. I just look at it as a way for us to move ahead.
So I hope my friends on the other side of the aisle will actually
look at the substance. I think it is thoughtful. I truly do. I think it
is something that allows us to start accounting for it. But then,
within a certain period of time, within the next couple of years, we
will have had to deal with Fannie and Freddie or some draconian things
will occur, no doubt.
I hope the Senator from Virginia, the Senators from Connecticut,
Missouri, and New Mexico, who are in this body today--I hope we can
move beyond any partisan thinking. I will say, I think this body has
done very well over the last week and a half. It is a complex piece of
legislation. I think the Senator from Connecticut has tried to deal
with this in a very good way on the floor.
As a matter of fact, we had a vote last night that I think a lot of
us were concerned about, and instead of somebody raising an objection
and trying to get us to a 60-vote threshold, we had a 51-vote
threshold. I thought that was the best of this body last night, and I
wish to thank those in charge of escorting this bill through the
process for keeping it that way. There could have been a motion to
table. Somebody could have asked for a 60-vote threshold.
I know the Senator from Missouri is going to speak next. She has been
concerned about the process this year, and I join her in many of those
concerns. But so far this process has been about the best I have seen
in some time.
So as I move back to the McCain amendment, I know it is being offered
by a Republican. I do not offer criticisms toward either side of the
aisle for what has happened with the GSEs. Let's face it, in fairness,
both sides of the aisle have had a hand in these things being where
they are. Administrations on both sides of the aisle have used these
GSEs toward ends. There is no question. I am not trying to weigh which
side is most responsible. But the McCain amendment allows us to move
ahead in a thoughtful way with these organizations.

[[Page 7594]]

So I will stop. I do urge my friends to please read the legislation.
Maybe there is a second degree that is in order to make it even better.
But I do believe it is a way for us to responsibly move ahead and deal
with Fannie and Freddie. They cannot continue to exist as they are.
Everybody in this body knows that. The American people know that. Let's
deal with it. Let's pass the McCain amendment. Let's pass the McCain
amendment with a tweak or two, if that is necessary. But let's show the
American people we know it is a problem and we have the ability to work
across party lines to be able to do so.
I yield the floor, and I thank all of you for listening.
The ACTING PRESIDENT pro tempore. The Senator from Missouri.

Unanimous-Consent Requests--Executive Calendar

Mrs. McCASKILL. Mr. President, I rise this morning in the cause of
common sense in how the Senate works. We have had so many delays on
nominations this year. Just as a quick review of where we stand, we
have had over 51 rollcall votes on President Obama's nominations to
serve in government under his Presidency. Of those 51 votes, over 80
percent of them were confirmed by overwhelming margins. Yet they sat on
the calendar for more than 3 months, on average--overwhelming support,
sitting on the calendar for 3 months, on average.
Just for some comparison, at the similar point in the Bush
administration, there were eight nominees on the calendar. Right now,
we have 107 nominees on the calendar. As I look at the list, I am
confused because, as to most of the people on the list, we do not know
why they are sitting there. We do not even know who is making them sit
there. Enter stage left the anonymous hold--or as I like to call it:
Nobody can blame me because they don't know who I am.
There is a law we passed that has a rule in it--very plain language,
very easy to understand--that once a Senator makes a unanimous consent
request to confirm a nominee, then you have to come out in the
sunlight. After 6 session days, after those requests are made in terms
of a unanimous consent for their confirmation, then the rule says you
must notify your party leader of your hold that you have on the
nomination, and it has to be published in the Congressional Record.
So last week I came to the floor and made 74 unanimous consent
requests on nominations. Who were those 74? This is the amazing part.
This is very amazing. Not one of the nominations I made a unanimous
consent request on last week had any opposition in committee--none--not
a voice vote ``no.'' No one spoke out and said: I have a problem. They
flew out of committee--all 74 of them. But no one knows why they are
sitting there or who has put a hold on them.
I made the request, and in the intervening week we have had a lot of
activity in that regard. The first thing that happened is, my friend
from Oklahoma followed the rule. He notified his party leader of the
holds he had, and it was published in the Congressional Record. He has
a great habit of reading what we are doing around here. When he read
the rule, it was obvious to him the rule said, once the request had
been made, you say who your holds are. He has never been afraid, my
friend from Oklahoma. He has never been afraid to take accountability.
I have seen him with great courage enrage this entire room because he
had some principles he was standing on. He is a great role model in
that regard--his principled stands; and he owns them. That is all we
are talking about. We are talking about owning them.
Nobody in America gets why this stuff has to be secret. I know he has
an amendment he wants to offer on secret spending, and I would like, on
the record, to say I would like to join him in that amendment. The
secret spending that goes on through the hotline process, he is
absolutely right--publishing this stuff for 72 hours. He is absolutely
right.
But this practice is absolutely wrong. Unlike his other colleagues,
he stepped out of the dark and into the sunshine. But no one else did.
So now, a week later, we still have 53 of those 74 names for which we
have no idea who is holding them or why. Some of them have been
confirmed of the 74 since then--a few. I think the Senator from
Oklahoma identified a hold on, I believe, six or seven. So now we still
have 53 names for which no one knows who is holding them by people who
are avoiding the rule.
I had somebody come up to me the other day and say: Well, there is no
enforcement. I said: Who would have thought you would have to make it a
misdemeanor for a Senator to identify their hold? They voted for the
bill. The vote was 96 to 2, so they voted for it. They just do not want
to live by it.
Today, I come back to the floor with my colleagues--and there will be
a number of us here--to once again try to trigger the rule. The
unanimous consent requests will be made. Today, we have 69 names--the
53 from last week that are still out in the dark somewhere--we do not
know who is holding them or why--and additional names that have been
added to the calendar since then.
Mr. President, 64 of the 69 nominees we will make a motion on today--
64 of the 69 nominees--had no opposition in committee--none. As we will
hear over the next hour or so, these are important jobs: National
Traffic Safety Board, the inspector general for the EPA. Can you
imagine right now not having an inspector general of the EPA with what
is going on in the gulf?
The other good news--let me just briefly talk about this. I am going
to yield to my colleague from New Mexico. We have a letter going
around, and the letter is very simple. Everyone who signs the letter is
taking a pledge--a public pledge--that they will never again
participate in a secret hold; and, further, they support abolishing
secret holds. If you want to hold somebody, you have to put your name
on it.
I am very proud of the fact we now have 59 signatures on that letter,
both Republicans--a Republican so far, 2 Independents, and all the
Democratic Senators, except 1. I am optimistic we will get the last
remaining Democratic Senator, Mr. Byrd, since he cosponsored a
resolution in 2003, along with Senator Wyden and Senator Grassley, who
have done yeoman's work on this issue for years. Senator Lott and
Senator Byrd, along with Senator Grassley and Senator Wyden, sponsored
a resolution back in 2003 to try to end secret holds, and here we are 7
years later with 53 nominees in the dark after the rule has been
triggered.
So I am optimistic. I certainly am hopeful we will have a lot more
Republicans sign on the letter. I think we may. The iceberg is moving.
We may actually bust up this thing. I am wildly optimistic--which is an
unusual thing around here--about reform. It is hard to change the
traditions of the Senate, especially when they are bad habits. Once
again, my colleague from Oklahoma and I share the same view on earmarks
and have tried from a principled position to not participate in those.
I think that is also a bad habit. Clearly, we have a lot more people
agreeing with us on secret holds than we do on earmarks.
I look forward to making these motions today. I look forward to the
Senators reading the rule, understanding the plain language,
acknowledging they voted for it, and putting their name on these secret
holds. Hold a nominee. The Senator from Oklahoma is holding some
nominees. He has the right to do that. But the people we work for have
the right to know why and who he is. That is all we are asking for
today. We are not asking anybody to give up their holds; we are only
asking people to identify who they are, to come into the sunshine for
the transparency we all want to have as we serve the great people of
this Nation.
With that, for the unanimous consent requests, I will yield to my
colleague from New Mexico, Senator Udall.
The ACTING PRESIDENT pro tempore. The Senator from New Mexico.
Mr. UDALL of New Mexico. Mr. President, I know our Presiding Officer
today is also going to come forward, and we hope to see him down on the
floor. I thank Senator McCaskill very much for her organizational
efforts,

[[Page 7595]]

hers and Senator Warner's, and for working on this issue. This is a
very serious issue for the Senate in terms of how we move forward on
the rules. I kind of liken it--and I have some history here, and I know
everybody has their history when it comes to administrations.
We have this administration elected a little over a year and a half
ago, trying to put their people in place. They are trying to put people
in place to run, for example--I am going to be talking about the
Tennessee Valley Authority and talking about the EEOC, the Equal
Employment Opportunity Commission. They are trying to put their people
in place to run these agencies and to get the government to work.
Sometimes in the past--and my father passed recently, but he used to
visit with me about the way they used to do it in the old days. In the
old days you got to put your people into place within the first couple
of weeks of an administration. I remember my father telling me he took
over as Secretary of the Interior in January. Within 2 weeks, he had
all of his Presidential appointees in place. He had his team in place.
He could start carrying out the responsibilities that had been given
him by the President. My understanding is for most of the Cabinet
members in President Kennedy's Cabinet, the same thing was true. Within
a couple of weeks you had your team in place and you could go out and
try to do the things your President had campaigned on.
We are seeing a striking difference between those days back in the
1960s and what happens today. We are seeing incredible obstruction in
terms of trying to move forward. It is done through this process, as
Senator McCaskill has brought out, of secret holds.
Since the Obama administration--I saw a figure at the end of the
first year--they only had 55 percent of their team in place; 55 percent
of their team. What we are talking about is holding up the ability of
the President to have his team in place and do his job. I think that is
unacceptable. I think one of the areas that is the worst when it comes
to this is the hold process, the secret holds.
What is a secret hold? Everybody asks about these secret holds. This
means a Senator is able to put a hold on a nomination and not come out
in public. We all know that the very best thing is to shine light on
the process. I think one of our Supreme Court Justices said it the
best: Sunshine is the best disinfectant. With the secret holds, there
is no sunshine. As many of us have pointed out on the floor, we want to
bring sunshine to this process.
I wish to congratulate Senator Coburn for being the only Senator to
step forward in this week-long process of trying to bring people out
into the public. I understand Senator McCaskill's reading of this
statute and my reading of this statute is if you have not come forward
at this point on this large number of nominees for which unanimous
consent has been asked, and there has been an objection, you are in
violation of the law. You are in violation of the law. Only Senator
Coburn has stepped forward to say I am holding up--I believe he is
holding up the Broadcasting Board of Governors. He is holding up six
people on the Broadcasting Board of Governors.
Today I am going to try to move--and we are doing this, I say to
Senator Coburn, in a bipartisan way. We are not picking just Democrats.
We are talking about the EEOC and the Tennessee Valley Authority, and
we are moving forward with both Democrats and Republicans. That is why
I am doing an en bloc request at this point so we can get both
Democrats and Republicans in place.
Mr. President, I ask unanimous consent that the Senate proceed to
executive session for the purpose of consideration of Calendar Nos.--
and this is important, the EEOC--616, Jacqueline A. Berrien, to be a
member of the Equal Employment Opportunity Commission; 617, Chai Rachel
Feldblum; 619, Victoria Lipnic, to be a member of the EEOC for the
remainder of the term expiring July 1, 2010; and 620, Victoria Lipnic
to be a member of the Equal Employment Opportunity Commission; that the
nominations be confirmed en bloc, the motions to reconsider be
considered made and laid upon the table en bloc, no further motions be
in order, the President be immediately notified of the Senate's action,
and that any statements relating to the nominees be printed in the
Record.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. COBURN. Mr. President, reserving the right to object, I wish to
make an inquiry of the Chair as to the interpretation of the rule we
passed, because it is my understanding that the rule doesn't require
you to publish, but it does say the majority and minority leader are no
longer obligated to honor your request for a hold if you have not.
I ask for the Chair's opinion on that.
The ACTING PRESIDENT pro tempore. The law being section 512, Notice
of Objecting to Proceeding.

In General. The Majority and Minority Leaders of the Senate
or their designees shall recognize a motion of intent of a
Senator who is a member of their caucus to object to
proceeding to a measure or matter only if the Senator--

let me read both of these; I will try to paraphrase:
Following the objection to a unanimous consent to proceeding to, and/
or passage of a measure or matter on their behalf, submits the notice
of intent in writing to the appropriate leader or their designee; and
paragraph 2, not later than 6 session days after the submission under
paragraph (1), submits for inclusion in the Congressional Record and in
the applicable calendar section described in subsection (b) the
following notice--and files a notice of intent.
Mr. COBURN. OK. I will take that reading of the law as an assumption
that agrees with the position I put out there.
I would say--if the Chair would give me some time in consideration of
my reserving the right to object--I served in the majority for 2 years
prior to the Senators who are here on the floor today, and I understand
the frustration. I have been there. I was on the other side. It is
difficult. In terms of numbers, we have more of President Obama's
nominees cleared than President Bush's nominees at the same point in
time.
I wish to raise the question. I am going to comply. First, I don't
have any problem explaining why I hold somebody. The BBG nominees: The
BBG is in such a mess, I want to make sure I visit with every nominee
before I give them a clearance to get on that board, because we are
wasting three-quarters of a billion dollars there and not doing
anything positive for our country as we spend that money.
There are a lot of reasons why we hold people. One of the dangers of
coming forward, from my experience as a Senator myself, of putting a
hold on and then putting it out there, is this: If I want to do further
work or study or have a question, the assumption with a hold is that
you don't want them to move, and that may not be the case at all. The
reason for a hold oftentimes is I want to look at the history, I want
to look at the background, and I want to take the time to meet the
individual myself. That fulfills the true obligation of advise and
consent.
I would also say we were frustrated when we were in the majority the
same way, and we played the same kind of parlance, except with our own
nominees. When somebody on our side had a hold, we didn't ever mention
that. We didn't ever complain about that. We just complained when the
other side did. So the perspective has to be--understanding the
frustration; the President deserves advice and consent--but I also know
there are 150 nominees right now sitting in committee who haven't been
cleared in committee and we are a year and a half, a year and 4 months
into this administration. It is not just that.
I intend to object to every one of these, not because I personally
have an objection, and I want my colleagues to know that, but one of
the considerations of courtesy on the Senate floor is if somebody else
does, you will honor that.
The final point I will make is that the majority and minority leader
usually work these things out. I think we

[[Page 7596]]

passed 28 in the last few weeks, probably because of some of the good
effort of my colleagues on the other side of the aisle to apply the
pressure and heat. But I plan to object to every one of these because
there are those on our side who have a problem with the individual. But
I don't disagree that you ought to have the courage to stand up and say
who you are holding and why you are holding them. I don't disagree with
that. But that isn't our case right now and that isn't the case of the
law, as I understand it; it just removes the obligation.
So on that basis I will object to this first package and plan on
objecting to every other one in forbearance and as a courtesy to those
on my side of the aisle who have a problem with these nominees.
The ACTING PRESIDENT pro tempore. Objection is heard.
The Senator from Missouri.
Mrs. McCASKILL. Mr. President, I am confused. This law was passed in
the most bipartisan way possible: 96 to 2. Are we going to pretend this
law doesn't say what it says?
Let me make sure I put in the Record what it says:

The majority and minority leaders of the Senate or their
designees shall recognize a notice of intent of a Senator who
is a member of their caucus to object to a proceeding or a
measure only if the Senator--
(1) following the objection to a unanimous consent
proceeding submits the notice of intent in writing to the
appropriate leader or their designee; and
(2) not later than 6 session days after the submission
under paragraph (1), submits for inclusion in the
Congressional Record and in the applicable calendar section
described in subsection (b) the following notice:
I, Senator ____ intend to object to proceedings to ____
dated ____ for the following reasons ____ .

It says the majority and minority leader can recognize a hold only if
the Senator first submits the notice of intent in writing after the
unanimous consent request is made, and submits it to the Congressional
Record.
We are going to try to slice and dice the plain language of this
about something as obvious and commonsensical as owning your hold? I
know the Senator from Oklahoma doesn't agree with that. He has just
said so. He is not doing this. I know he is here as a courtesy to his
fellow Members. But with all due respect, it is 107 to 8 on the
Executive Calendar.
That is how many were on the calendar in the Bush administration at
the same time--eight. There are 107 on the Executive Calendar in this
administration. Honestly, we can do this forever. We can say when we
were in the majority, we didn't do this and you did it; and when we
were in the minority, we didn't do this and you did.
We have a chance to stop it. We had 96 votes to stop it. Are we now
going to stand on some kind of notion that the law doesn't say what the
law says? I know part of the amendment of the Senator from Oklahoma is
that he wants Senators to sign in writing that they have read what they
are passing and that they understand the impact. I will be honest; I am
going to cosponsor that, if he will let me, because I agree with the
premise of it, although it is a little paternalistic to make Senators
sign something saying they understand the impact.
Does anybody believe Senators don't understand the impact of this
language? Are we going to stand on some kind of formality that we don't
have a way to enforce it. I guess the position the Senator is taking on
behalf of the Republican caucus is that the law doesn't say what the
law says.
I have had a briefing this week on the standing rule versus the rule
versus the law. That is what drives America crazy about this place. The
secret hold is wrong. The Senator from Oklahoma knows it, and I
guarantee you most of his colleagues do. You would be amazed how many
Republicans have come up to me this week and said, ``I don't do it,
Claire.''
I ask the Senator from Oklahoma to join our letter since he doesn't
do it either. He has courage. He has guts. He is accountable to the
people who voted for him. But to stand on behalf of the Republican
caucus on some notion that this doesn't say what it says--that is all
we are sent here to do, honestly. Believe me, I know the stuff that
goes on here--the equal opportunities--and the Democrats are doing some
of this in the majority. But we cleared all the secret holds this week.
We had a few--the Democrats had a few--and we cleared them all. I had a
couple Democrats come up to me complaining: ``I can't believe you made
me give up my hold.'' They were not happy about it. We had some
reluctant signatures on the letter.
Do you know what is nice about the letter? I think this is important
for the Senator from Oklahoma to understand. It doesn't say we are
giving up secret holds for this administration. A lot of my friends on
the other side of the aisle have a spring in their step now and think
my party is on the ropes and there is a chance that, come next year at
this time, Senator McConnell will be the majority leader or that
Congressman Boehner will be the Speaker. Do you know what. All the
names on this letter did not say ``while we are in charge.'' It says
``forever.'' We now have 58 members of this caucus--56 and 2
Independents who caucus with us--and 1 Republican so far who say it is
forever; as long as we are Senators, we are not going to do secret
holds.
Frankly, my friend from Oklahoma doesn't have to worry next year
about secret holds from this side of the aisle. I am proud we have done
that. There may be a nomination a future President makes that is a
Republican, and if the people of Missouri are good and kind enough to
hire me again, I may not like it. But I guarantee I will have the guts
to say so.
Mr. President, I wanted to clarify the plain reading of the law and,
obviously, what its intent was. I don't think anybody with a straight
face can argue what the intent was. It was to stop this stuff. We can
either ignore the intent and stand on a slicing and dicing and parsing
of the language and reassure the American people that we completely
don't get it or we can have people come out of the shadows on these
holds.
I appreciate the Senator from New Mexico for allowing me to respond.
Mr. UDALL of New Mexico. Mr. President, now we have seen
demonstrated, I think dramatically, what the process is here. We tried
to move on a bipartisan basis for the EEOC to put Democrats and
Republicans in that important government agency, an agency that focuses
on discrimination. If the people are not in place, it cannot move
forward with that very important goal. Our friend on the other side of
the aisle, Senator Coburn, has objected to putting Democrats and
Republicans in that agency so it can move forward.
I am going to try to move forward, also in a bipartisan way, on the
Tennessee Valley Authority. Many people may not know, but in the
Tennessee Valley, the power is provided by an agency called the
Tennessee Valley Authority. Everybody knows how important power is to
the economy. When we look around the world, we see communities being
stifled because they have blackouts and brownouts and they don't have
the available power. The Tennessee Valley Authority has a number of
members who need to be appointed to the board of directors. We are
moving today--both Democrats and Republicans--to try to bring home the
point that we need to get this board of governors in place.
Mr. President, I ask unanimous consent that the Senate proceed to
executive session for the purpose of consideration of Calendar Nos.
740, Maryland A. Brown; 741, William B. Sansom; 742, Neil G. McBride;
and 743, Barbara Short Haskew, all to be members of the board of
directors of the Tennessee Valley Authority; that the nominations be
confirmed en bloc, the motions to reconsider be considered made and
laid upon the table en bloc; no further motions be in order, the
President be immediately notified of the Senate's action, and that any
statements relating to the nominees be printed in the Record as if
read.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. COBURN. I object.
The ACTING PRESIDENT pro tempore. Objection is heard.
Mr. UDALL of New Mexico. Mr. President, moving forward with some

[[Page 7597]]

individual nominees for President Obama to put in place people at the
Department of Commerce, at the Health and Human Services Department, at
the Treasury Department, at the State Department, and at the Energy
Department--all very important government agencies. All President Obama
wants is to have his team in place so they can start doing their work.
But what we are seeing on the other side over and again is secret holds
and delay.
It is important to remind everybody that at this particular point in
time 107 nominees of the executive branch are being held up. At this
point in time in the past for President Bush, only 8 nominees were
being held. So 107 are being held for President Obama, and for
President Bush, there were only 8. You can only think and draw the
conclusion that this is about preventing the President from getting his
team in place, which is obviously a very important function.
Mr. President, I ask unanimous consent that the Senate proceed to
executive session for the purpose of consideration of Calendar No. 640,
Eric Hirschhorn, to be Under Secretary of Commerce for the Export
Administration; that the nomination be confirmed; that the motions to
reconsider be considered made and laid upon the table; that no further
motions be in order, the President be immediately notified of the
Senate's action, and that any statements relating to the nominee be
printed in the Record, as if read.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. COBURN. I object.
The ACTING PRESIDENT pro tempore. Objection is heard.
Mr. UDALL of New Mexico. Mr. President, now proceeding with an
important nomination for Health and Human Services, I ask unanimous
consent that the Senate proceed to executive session for the purpose of
consideration of Calendar No. 647, Jim Esquea, to be an Assistant
Secretary of Health and Human Services; that the nomination be
confirmed; that the motions to reconsider be made and laid upon the
table; that no further motions be in order; that the President be
immediately notified of the Senate's action, and that any statements
relating to the nominee be printed in the Record as if read.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. COBURN. I object.
The ACTING PRESIDENT pro tempore. Objection is heard.
Mr. UDALL of New Mexico. Mr. President, I will proceed with another
important position in the Department of the Treasury. We all know the
Department of the Treasury supervises everything that is out there in
terms of our economy--a very important position.
I ask unanimous consent that the Senate proceed to executive session
for the purpose of consideration of Calendar No. 652, Michael Mundaca,
to be an Assistant Secretary of the Treasury; that the nomination be
confirmed; that the motions to reconsider be considered made and laid
upon the table; that no further motions be in order; that the President
be immediately notified of the Senate's action, and that any statements
relating to the nominee be printed in the Record as if read.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. COBURN. I object.
The ACTING PRESIDENT pro tempore. Objection is heard.
Mr. UDALL of New Mexico. Mr. President, here is another important
nomination at the Department of State.
I ask unanimous consent that the Senate proceed to executive session
for the purpose of consideration of Calendar No. 722, Judith Ann
Stewart Stock, to be an Assistant Secretary of State; that the
nomination be confirmed; that the motions to reconsider be considered
made and laid upon the table; that no further motions be in order; that
the President be immediately notified of the Senate's action, and that
any statements relating to the nominee be printed in the Record as if
read.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. COBURN. Reserving the right to object, Mr. President, I want to
make it known that I am carrying on a Senate courtesy on my side of the
aisle, and these are not necessarily my objections, but they are on
behalf of my colleagues. I object.
Mr. UDALL of New Mexico. Mr. President, I say to Senator Coburn that
we very much understand that he is doing this for others. We want them
to step forward. We want to get rid of these secret holds, as the
Senator from Oklahoma has stepped forward on the broadcasting board. He
has said he is holding up six people to go on that board of governors.
It is out there in public, and it is something that all of us can
examine and the media can examine. We can figure out whether his
objections are legitimate. But that is the process. That is what is
going on--secretly delaying the administration from getting its team in
place.
Let's admit what is going on here. The folks who are putting on these
holds do not want to see the President have his team in place. If he
doesn't have his team in place, I think the expectation is that they
think he would not be able to do the job.
Once again, the President nominated somebody important to work with
Secretary Chu at the Department of Energy.
Mr. President, I ask unanimous consent that the Senate proceed to
executive session for the purpose of consideration of Calendar No. 726,
Patricia A. Hoffman, to be an Assistant Secretary of Energy; that the
nomination be confirmed; that the motions to reconsider be considered
made and laid upon the table; that no further motions be in order; that
the President be immediately notified of the Senate's action, and that
any statements relating to the nominee be printed in the Record as if
read.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. COBURN. I object.
The ACTING PRESIDENT pro tempore. Objection is heard.
Mr. UDALL of New Mexico. Once again, they are being held up through
secret holds, and Senator Coburn has said he is doing this on behalf of
Members on his side--not allowing all of these people to get into the
government and do the job. We are talking about important government
agencies, such as the Department of Commerce, Health and Human
Services, Secretary of the Treasury, Secretary of State, Secretary of
Energy--all objected to today.
Many of these nominations have been pending for a while. There are
very few objections in committee. This is something that is being put
forward for the purpose of delay.
Mr. COBURN. Will the Senator yield for a moment?
Mr. UDALL of New Mexico. I am going to yield to the Senator from
Minnesota.
Mr. COBURN. Will the Senator from Minnesota yield?
Ms. KLOBUCHAR. For a minute, sure.
The ACTING PRESIDENT pro tempore. The Senator from Oklahoma.
Mr. COBURN. Mr. President, I think the motives ascribed by the
Senator from New Mexico are improper. I do not think it is so people
can't get into a job to cause President Obama problems. I reject that
motive.
With any administration, there is a very big difference of opinion.
That is why we have elections. That is why things move like this in our
country. It is about whether somebody objects to somebody's either
philosophical bent or qualifications for a certain job.
I make the point again that at the same time under a Republican
Congress, President Bush had fewer numbers approved than President
Obama does at this time.
I hope we would not ascribe that motive. I want President Obama to
have, in fact, the people he needs to have in place to effectively run
our government. I will give the numbers again. To this date, President
Obama has 596 of his nominees confirmed. At the same time, President
Bush had 570. In the two previous administrations, President Bill
Clinton had 740 and President George H.W. Bush had 700.

[[Page 7598]]

I think what my colleagues are fighting for is fine. I agree with
them. I am on the team as far as that is concerned. But I think we
ought to be careful with the motives we ascribe. I really do not think
it is to try to handcuff the administration. I think it is different.
Of course, the sign that is being put up is about who is pending. I
understand that. Let's be careful on the ascribing of motives. As I
talk with my colleagues, I do not really find that motive. Even though
they may not be out front with it as I have been, that does not mean
they necessarily want the administration to not be effective.
The PRESIDING OFFICER (Mr. Udall of New Mexico). The Senator from
Minnesota.
Senators need to be reminded that Senators may not yield the floor to
one another. They must yield only for a question and through the Chair.
Ms. KLOBUCHAR. Mr. President, I thank you for the correction.
I appreciate my colleague's statement about his general support--I
assume he meant for getting rid of secret holds, and he can correct me
if I am wrong--his general support for changing this process and
getting things done.
I will say that when we are in this time of economic challenge, no
matter what the motives, I really do not care what is in the heads of
my colleagues when they put on the holds. I do not even want to go
there. What I care about is getting things done in the government when
we have so many people unemployed, when we clearly have to move ahead
and do more about small business and exports.
All I know is this: If we want to talk about the difference, at this
point, 107 Obama nominees are on hold and being obstructed. At the same
time--whether it was because not enough were nominated, I do not really
care--at this same point, Bush nominees waiting for a vote--there were
eight.
My bigger answer to this is, who cares about who did it or who did
what when. What matters to me is that we move ahead and get going.
It is no surprise to me that the Senators who have taken the floor
this morning and are surrounding me are Senators who want to see good
government, Senators from open States with big blue skies, such as the
State of New Mexico, Senator Udall, who is now the Presiding Officer;
or my State, the State of Minnesota, which has always been a leader in
open government in moving things ahead; or Senator Warner, who knows
what it is like to manage a large State and knows you have to have your
team in place if you want to get things done in the State of Virginia;
or Senator McCaskill, who has been leading this effort from the Show-Me
State, the State of Missouri--show me who is doing these holds.
The bigger issue is not just making sure we can run this government
and getting the government moving and helping people again. The bigger
issue for me is that things should not be done in secret. If you are
going to put a hold on someone, we should know who and why you are
doing it. I said the other day that this reminds me of an Olympic
sport, a relay race, passing a baton from Senator to Senator so we
cannot figure out who is holding the baton. They rotate who is putting
on the holds, and they get around the rule. If delay were an Olympic
sport, my colleagues would be getting a gold medal because there has
been so much delay with these nominees, and it has to stop.
I want to give a few examples of the kinds of nominees we are talking
about and the kinds of nominees we would like to see get confirmed. I
want to give some examples of who these are, and I will then go through
and make a request to confirm them.
We are right now in the middle of an oilspill of cataclysmic
proportions in the gulf. I am going there this afternoon to see it. We
are going to have a major hearing in our environmental committee on
Tuesday. Do you know who is being held up right now? Michael Tillman,
to be a member of the Marine Mammal Commission, is being held up;
another guy, Daryl Boness, to be a member of the Marine Mammal
Commission. Normally, one might not think this is the most important
position in government. I say two things: One, we are dealing with
marine issues right now, extreme marine issues of what is going to
happen to our wildlife in the oceans. The second thing we are doing
with this--why would anyone hold up members of the Marine Mammal
Commission?
One guy I actually know--Mark Rosekind, to be a member of the
National Transportation Safety Board. He does a good job. Like you, Mr.
President, I am a member of the Commerce Committee. We know how
important it is.
Earl Weener, to be a member of the National Transportation Safety
Board. As we are dealing day-in and day-out with issues of threats to
our transportation, the potential of airplanes that have gone down in
the sky in the middle of Buffalo, and we have potential terrorist
threats to our transportation system, what are we doing? We are holding
up the nominees.
We have Toyota putting out cars that basically kill people across the
country because the safety measures were not taken. They just paid the
biggest fine in the history of this country. What are we doing? There
are Members who are secretly holding up members of the National
Transportation Safety Board. Why would we do that?
I will start with these.
I ask unanimous consent that the Senate proceed to executive session
for the purpose of consideration of Calendar No. 592, Mark Rosekind,
and Calendar No. 787, Earl Weener, both to be members of the National
Transportation Safety Board; that the nominations be confirmed en bloc,
the motions to reconsider be considered made and laid upon the table en
bloc, no further motions be in order, the President be immediately
notified of the Senate's action, and that any statements relating to
the nominees be printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Ms. KLOBUCHAR. Again, this is a perfect example. We look at what
happened with the Buffalo flight going down. We look at what happened
with the Toyota cars. We look at what is going on across this country
as we are focusing on terrorism and what happened in Times Square just
recently. This is not the time to block nominees to the National
Transportation Safety Board. Whatever the motives, whatever the
reasons, at this point I do not care. I think the President should be
able to have his team in place.
Next, I mentioned the Marine Mammal Commission, as we are dealing
with an oilspill across the gulf.
Mr. President, I ask unanimous consent that the Senate proceed to
executive session for the purpose of consideration of Calendar No. 784,
Michael F. Tillman, and Calendar No. 786, Daryl J. Boness, both to be
members of the Marine Mammal Commission; that the nominations be
confirmed en bloc, the motions to reconsider be considered made and
laid upon the table en bloc, no further motions be in order, the
President be immediately notified of the Senate's action, and that any
statements relating to the nominees be printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Ms. KLOBUCHAR. Very good. Again, marine mammals. We are dealing with
animals that are almost certainly going to die because of this
oilspill, and there are people on the other side of the aisle who have
decided to block these nominations.
Next, Warren Miller, nominated to be the Director of the Office of
Civilian Radioactive Waste Management at the Department of Energy. I
don't know the reasons this hold was put on, why he is held up, but I
do not believe any person in this country believes we should have no
person directing the Office of Civilian Radioactive Waste Management.
I ask unanimous consent that the Senate proceed to executive session
for the purpose of consideration of Calendar No. 404, the nomination of
Warren Miller; that the nomination be confirmed, the motion to
reconsider be

[[Page 7599]]

considered made and laid upon the table, no further motions be in
order, the President be immediately notified of the Senate's action,
and that any statements relating to the nominee be printed in the
Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Ms. KLOBUCHAR. Next we go to Winslow Lorenzo Sargeant, to be Chief
Counsel for Advocacy in the Small Business Administration. Mr.
President, 64 percent of the jobs in this country are created by small
businesses. Wall Street has been making record profits, but small
businesses in this country are still suffering. Wall Street got a cold;
Main Street got pneumonia. This is the time for a robust Small Business
Administration.
I ask unanimous consent that the Senate proceed to executive session
for the purpose of consideration of Calendar No. 427, the nomination of
Winslow Lorenzo Sargeant; that the nomination be confirmed, the motion
to reconsider be considered made and laid upon the table, no further
motions be in order, the President be immediately notified of the
Senate's action, and that any statements relating to the nominee be
printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Ms. KLOBUCHAR. Mr. President, the next one that is being held of
these 107 nominations is Benjamin Tucker, to be Deputy Director for
State, Local, and Tribal Affairs in the Office of National Drug Control
Policy. As a former prosecutor--and I know you do, Mr. President, as a
former attorney general--I understand the importance of having people
in place to work on our national drug policy and to reduce the illegal
drugs in this country.
Mr. President, I ask unanimous consent that the Senate proceed to
executive session for the purpose of consideration of Calendar No. 556,
Benjamin Tucker; that the nomination be confirmed, the motion to
reconsider be considered made and laid upon the table, no further
motions be in order, the President be immediately notified of the
Senate's action, and that any statements relating to the nominee be
printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Ms. KLOBUCHAR. Next, John Laub, to be Director of the National
Institute of Justice.
I ask unanimous consent that the Senate proceed to executive session
for the purpose of consideration of Calendar No. 581, John Laub; that
the nomination be confirmed, the motion to reconsider be considered
made and laid upon the table, no further motions be in order, the
President be immediately notified of the Senate's action, and that any
statement relating to the nominee be printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Ms. KLOBUCHAR. Mr. President, the next of the 107 nominations being
put on hold is P. David Lopez, Calendar No. 618, to be general counsel
of the Equal Employment Opportunity Commission.
I ask unanimous consent that the Senate proceed to executive session
for the purpose of consideration of Calendar No. 618, P. David Lopez;
that the nomination be confirmed, the motion to reconsider be
considered made and laid upon the table, no further motions be in
order, the President be immediately notified of the Senate's action,
and that any statements relating to the nominee be printed in the
Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Ms. KLOBUCHAR. Mr. President, the next one is Jill Long Thompson, to
be a member of the Farm Credit Administration. Coming from an
agricultural State, I understand how important it is to have people in
place for the Farm Credit Administration, especially during this
difficult time. Because of agencies such as the Farm Credit
Administration, at least our rural areas have not gone off the cliff
and have maintained some stability but are always challenged.
I ask unanimous consent that the Senate proceed to executive session
for the purpose of consideration of Calendar No. 628, Jill Long
Thompson; that the nomination be confirmed, the motion to reconsider be
considered made and laid upon the table, no further motions be in
order, the President be immediately notified of the Senate's action,
and that any statements relating to the nominee be printed in the
Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Ms. KLOBUCHAR. Mr. President, next, James P. Lynch, to be Director of
the Bureau of Justice Statistics. Again, as a former prosecutor, it is
incredibly important that we have statistics on crime, that we know
what is going on so we can develop the best policies and triage the
cases so we can keep our neighborhoods safe.
I ask unanimous consent that the Senate proceed to executive session
for the purpose of consideration of Calendar No. 705, James P. Lynch;
that the nomination be confirmed, the motion to reconsider be
considered made and laid upon the table, no further motions be in
order, the President be immediately notified of the Senate's action,
and that any statements relating to the nominee be printed in the
Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Ms. KLOBUCHAR. As a member of the Commerce Committee, again, I am
very concerned that we still do not have a Deputy Administrator for the
Federal Aviation Administration in place. As we know, there have been
many recent incidents. We are trying to get the FAA reauthorization
done to finally modernize our airports with NextGen so we can have the
next generation of airport control, so we can better process our
planes, so we can better land these planes, so we can have more safety,
so we can have less congestion at our airports. This is very difficult
to do when you don't have in place all of your managers who are
supposed to be managing the Federal Aviation Administration. We have
had incidents in Minnesota of a plane that overran the airport and
ended up in Wisconsin. We have had planes that have been sitting on the
tarmac for 6 hours with passengers without food and water.
We have had all kinds of issues with aviation, and yet--and yet--my
colleagues on the other side of the aisle, while supportive at times of
these efforts to modernize our air traffic control system, are blocking
the nomination of the deputy administrator for the Federal Aviation
Administration.
Mr. President, I ask unanimous consent that the Senate proceed to
executive session for the purpose of consideration of Calendar No. 782,
Michael Peter Huerta; that the nomination be confirmed, the motions to
reconsider be considered made and laid upon the table, no further
motions be in order, the President be immediately notified of the
Senate's action, and that any statements relating to the nominee be
printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Ms. KLOBUCHAR. Mr. President, another job here that is unfilled--one
of the 107 relating to maritime issues, and again we are dealing with
an incredibly sensitive and catastrophic issue with this oilspill in
our oceans--the Administrator of the Maritime Administration is being
held by my colleagues on the other side of the aisle. I don't know what
the motives are. Maybe they do

[[Page 7600]]

not like this person. We don't know who is holding this. All I know is
that a President has to get his team in place when he is dealing with
an issue as catastrophic as this BP oilspill.
Mr. President, I ask unanimous consent that the Senate proceed to
executive session for the purpose of consideration of Calendar No. 783,
David Matsuda; that the nomination be confirmed, the motions to
reconsider be considered made and laid upon the table, that no further
motions be in order, the President be immediately notified of the
Senate's action, and that any statements relating to the nominee be
printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Ms. KLOBUCHAR. Finally, Mr. President, we have Arthur Allen Elkins,
who has been nominated to be the inspector general of the Environmental
Protection Agency. Again, we are dealing with an environmental crisis
down in the gulf coast area. Yet we can't even get this inspector
general in place.
I know many of my colleagues on the other side of the aisle support
having inspectors general in place so we can look at what is going on
in government, so we can figure out what is happening and get things
right. Yet this nomination is being held.
Mr. President, I ask unanimous consent that the Senate proceed to
executive session for the purpose of consideration of Calendar No. 794,
Arthur Allen Elkins; that the nomination be confirmed, the motions to
reconsider be considered made and laid upon the table, no further
motions be in order, the President be immediately notified of the
Senate's action, and that any statements relating to the nominee be
printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Ms. KLOBUCHAR. Mr. President, I see the Presiding Officer has a smile
on his face as he realizes I have reached the end of the nominees I am
reporting on today. But I will tell you this: Having managed an office
of 400 people--a government office, a local county attorney's office--I
can't even imagine trying to run that place without having my top
people in place and that kind of security.
It is very difficult to cut government spending, to make the kinds of
decisions you need to make when you don't have your top team there to
get the work done. Worse than that, with these secret holds, it is very
hard to even understand why these people are being held, who is holding
them. That is why we are working so hard to get rid of this.
As I said, this crop of Senators that has come here in the last 2
years does not like business as usual. We just want to get the business
done.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WARNER. Mr. President, first, let me thank my colleagues for
being here this morning. I am pleased to join this effort. I want to
particularly thank my colleague from Missouri, who has been a
relentless voice on opening up and bringing a little sunshine to not
only this issue but a lot of things that go on here that maybe make
some of our colleagues a little uncomfortable, but she is constantly
being that voice and pushing and prodding and trying to make sure we
improve the process.
I also want to thank my colleague, the Senator from Oklahoma, who--as
I think the Senator from Missouri said--we may not always agree with,
but there are very few Members in this body who are more
straightforward and honest about what they believe in and are more
consistent, which probably frustrates some of us. But he is absolutely
consistent in what he believes and he holds our feet to the fire. I
commend him for bringing forward his holds and being willing to step up
and explain them.
Like the Presiding Officer, I am a new guy here. But unlike so many
of my colleagues, I have never been a legislator. I was a business guy
for a number of years and I had the honor of serving as Governor. Quite
honestly, I had a little TV in the Governor's office and whenever the
legislature was in, I simply turned it off. So I don't fully
appreciate, perhaps, all of the traditions of a legislative body. And I
don't, by any means, know the history as well as my colleague from
Missouri and my colleague from Oklahoma surrounding holds. But I did a
little bit of research, and it seemed to me this ``holds'' notion came
up as a courtesy in the last century because Senators had to travel a
long distance to get to the body. They couldn't be here because they
were traveling--on horseback--and it would take days or weeks. So
somebody might say, as a courtesy, that we are going to set this aside
or put a hold on somebody until the Senator can get here and explain
himself or herself--I guess himself, at least at that time--in a fuller
manner.
It seems to me that some of the traditions of this institution that
were used on occasion--whether it is holds or filibusters or what have
you--to keep this body functioning, are now being so overused that we
seem to be institutionalizing dysfunction. I think the Senator from
Oklahoma has made the case that neither side has clean hands, and
whatever is up today may be down tomorrow.
One of the things I think the Senator from Missouri in her effort has
done is to say: We are not saying we ought to change the rules for this
moment in time. We want to change the rules forever. I can't explain to
anybody in the Commonwealth of Virginia why in the 21st century we have
something called a ``secret hold,'' where somebody can say: We don't
like this guy or gal and we don't want them to be put forward, debated,
and voted up or down for some secret, unknown reason.
I know my colleague, the Senator from Oklahoma, has said that most of
the Members may have a legitimate reason--because they do not agree
with the individual's philosophy or their background, and that is a
very legitimate reason to raise--but I do know there has been at
least--and I can't ascribe motives--a recent press report about an
issue that brought some controversy here to the floor where a Member
held one of the President's nominees not because the Member felt there
was anything wrong with the nominee's qualifications but as a leverage
matter, to try to encourage the administration to change a law with
Canada on a totally unrelated matter. That, to me, seems like
institutionalizing dysfunction and not--back to what I have at least
been able to read about the history of holds--as a courtesy because
folks can't get here and make their case in person. Even with our
slightly dysfunctional airline system at this point, we can get here
within a couple of days, absent storms.
So again commending my colleague from Oklahoma for stepping up on
this one, where there is a problem with someone the President is
putting forward--this President or any future President--we ought to
acknowledge it, we ought to say what is wrong, we should have a
spirited discussion, and then we should either vote the person up or
down.
I am anxious to listen. If there is something wrong with some of
these folks, let's vote them down and tell the President to put up
somebody else. But 16 months into this administration--as a former
business CEO and a former CEO of the Commonwealth of Virginia, I
couldn't imagine having my folks languish in limbo in this kind of
skull and crossbones kind of secret hold society stuff. It seems as if
it was something that came out of the 18th or 19th century, where
certain institutions of higher learning transported this idea of secret
holds here to the floor of the Senate. It doesn't seem to make sense.
I am going to finish, because there are other colleagues, and the
Senator from Oklahoma is going to have to rise a number of times
because there are a lot of folks we have to go through, so I won't go
on with this issue. But I am proud to be part of this effort with the
Senator from Missouri, and I hope the Senator from Oklahoma will
continue to raise issues--particularly around public spending--where I
hope to find

[[Page 7601]]

lots of places of common cause to join him. I appreciate his
willingness to come forward. I sure as heck hope that more Members, on
both sides of the aisle, will join this effort.
We can be respectful of the Senate and we can be respectful of its
traditions, but it sure as heck seems to me that in the 21st century,
the notion of secret holds ought to be one of those traditions that
gets left behind. So in that spirit, I have two sets of nominations,
both en bloc, since they are both Democrats and Republicans, to try to
make the point that, in some small way, this is not about partisanship.
It is about process.
Mr. President, I ask unanimous consent that the Senate proceed to
executive session for the purpose of consideration of Calendar Nos.
589, Anthony Coscia; 590, Albert DiClemente; and 788, Jeffrey R.
Moreland, all to be Directors of the Amtrak Board of Directors; that
the nominations be confirmed en bloc, the motions to reconsider be
considered made and laid upon the table en bloc, no further motions be
in order, the President be immediately notified of the Senate's action,
and that any statements related to the nominees be printed in the
Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. WARNER. Mr. President, I ask unanimous consent that the Senate
proceed to executive session for the purpose of consideration of
Calendar Nos. 500, Julia Reiskin, and 501, Gloria Valencia-Weber, both
to be members of the Legal Services Corporation; that the nominations
be confirmed en bloc, the motions to reconsider be considered made and
laid upon the table en bloc, no further motions be in order, the
President be immediately notified of the Senate's action, and that any
statements relating to the nominees be printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. WARNER. Once again, Mr. President, I appreciate the courtesy of
the Senator from Oklahoma and the leadership of the Senator from
Missouri. We are going to continue to raise this issue, and with the
same kind of relentlessness the Senator from Oklahoma raises on public
spending. I hope he continues making some progress. I look forward to
joining him on some of his efforts, and I hope this list of now 59
Senators will include many Members from both sides. It seems to me to
make good common sense.
With that, Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Missouri is recognized.
Mrs. McCASKILL. Mr. President, I listened to my colleague from
Oklahoma, and I understand it is difficult to listen to any of us put
motives on something when we don't know what the reason is, and
ascribing motives is unfair when you don't know. But sometimes my
experience as a mother pops up in my brain, and I think of my kids when
they were little--and especially as they became teenagers--and I
remember one time catching one of my kids. He had sneaked out of the
house at night in the dark. I caught him and I said: You know, you are
in big trouble, buster. He said: Well, mom, I wasn't doing anything
wrong. We just walked around the block. We weren't doing anything you
would get mad about. We weren't drinking, we weren't smoking, we
weren't chasing down girls. We just walked around the block. I said:
Well, you know, if you do it in the dark and you are not willing to
tell me about it, then you know what I am going to assume? I am going
to assume you are doing something sneaky and underhanded, and you just
need to bank on that; that if you think you have to hide something from
me, you have to assume I am going to think you are doing something
wrong. If you are not willing to talk about it, you are not willing to
own it, you are not willing to tell me about it, you are in trouble.
End of discussion.
That is why we are ascribing motives. It is only logical to assume.
After voting for a bill that clearly says once the unanimous consent
motion is made you have to come out of the darkness, you have to
explain what you are doing, the fact that these people are not coming
forward--I have to tell you, if they were my kids, I would assume
this--they are doing something they aren't proud of. I would assume
that, if they were doing the sneaky, and that is what this is. This is
sneaky, because they are not stepping up--like the Senator from
Oklahoma has. Step up, own it, hold for as long as you like. Some of us
may agree with your reasons and join you in your hold.
But there are literally names on this list where no one knows why
they are being held. The White House does not know, the nominee does
not know, maybe Leader McConnell doesn't even know. It is nonsense. It
is plain and simple nonsense.
My friend from Oklahoma is absolutely correct, we should not ascribe
motives. But it is only human nature, if people are not looking at the
plain language of the ethics bill they proudly voted for and doing what
the plain language says you are supposed to do, people are going to
start thinking something underhanded is happening. The only way to fix
that is to step up.
Mr. President, I ask unanimous consent the Senate proceed to
executive session for the purpose of consideration of Calendar No. 648,
Michael W. Punke, of Montana, to be a Deputy United States Trade
Representative, with the rank of Ambassador; that the nomination be
confirmed, the motions to reconsider be considered made and laid upon
the table, no further motions be in order, the President be immediately
notified of the Senate's action, and that any statements relating to
the nominee be printed in the appropriate place in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 649, Islam A. Siddiqui, of Virginia, to be Chief
Agricultural Negotiator, Office of the United States Trade
Representative; that the nomination be confirmed, the motions to
reconsider be considered made and laid upon the table, no further
motions be in order, the President be immediately notified of the
Senate's action, and that any statements relating to the nominee be
printed at the appropriate place in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 799, Carolyn Hessler Radelet, of the District of Columbia,
to be Deputy Director of the Peace Corps; that the nomination be
confirmed, the motions to reconsider be considered made and laid upon
the table, no further motions be in order, the President be immediately
notified of the Senate's action, and that any statements relating to
the nominee be printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 800, Elizabeth L. Littlefield, of the District of
Columbia, to be president of the Overseas Private Investment
Corporation; that the nomination be confirmed, the motions to
reconsider be considered made and laid upon the table, no further
motions be in order, the President be immediately notified of the
Senate's action, and that any statements relating to the nominee be
printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No.

[[Page 7602]]

801, Lana Pollack, of Michigan, to be a Commissioner on the part of the
United States on the International Joint Commission, United States and
Canada; that the nomination be confirmed, the motions to reconsider be
considered made and laid upon the table, no further motions be in
order, the President be immediately notified of the Senate's action,
and that any statements relating to the nominee be printed in the
Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 809, Bisa Williams, of New Jersey, a Career Member of the
Senior Foreign Service, Class of Counselor, to be Ambassador
Extraordinary and Plenipotentiary of the United States of America to
the Republic of Niger; that the nomination be confirmed, the motions to
reconsider be considered made and laid upon the table, no further
motions be in order, the President be immediately notified of the
Senate's action, and that any statements relating to the nominee be
printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 810, Raul Yzaguirre, of Maryland, to be Ambassador
Extraordinary and Plenipotentiary of the United States of America to
the Dominican Republic; that the nomination be confirmed, the motions
to reconsider be considered made and laid upon the table, no further
motions be in order, the President be immediately notified of the
Senate's action, and that any statements relating to the nominee be
printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 811, Theodore Sedgwick, of Virginia, to be Ambassador
Extraordinary and Plenipotentiary of the United States of America to
the Slovak Republic; that the nomination be confirmed, the motions to
reconsider be considered made and laid upon the table, no further
motions be in order, the President be immediately notified of the
Senate's action, and that any statements relating to the nominee be
printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 812, Robert Stephen Ford, of Maryland, a Career Member of
the Senior Foreign Service, Class of Minister-Counselor, to be
Ambassador Extraordinary and Plenipotentiary of the United States of
America to the Syrian Arab Republic; that the nomination be confirmed,
the motions to reconsider be considered made and laid upon the table,
no further motions be in order, the President be immediately notified
of the Senate's action, and that any statements relating to the nominee
be printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 824, Dana Katherine Bilyeu, of Nevada, to be a Member of
the Federal Retirement Thrift Investment Board; that the nomination be
confirmed, the motions to reconsider be considered made and laid upon
the table, no further motions be in order, the President be immediately
notified of the Senate's action, and that any statements relating to
the nominee be printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 826, Michael D. Kennedy, of Georgia, to be a Member of the
Federal Retirement Thrift Investment Board; that the nomination be
confirmed, the motions to reconsider be considered made and laid upon
the table, no further motions be in order, the President be immediately
notified of the Senate's action, and that any statements relating to
the nominee be printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 827, Dennis P. Walsh, of Maryland, to be Chairman of the
Special Panel on Appeals; that the nomination be confirmed, the motions
to reconsider be considered made and laid upon the table, no further
motions be in order, the President be immediately notified of the
Senate's action, and that any statements relating to the nominee be
printed in the Record.
The PRESIDING OFFICER (Mr. Warner). Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 829, Todd E. Edelman, of the District of Columbia, to be
an Associate Judge of the Superior Court of the District of Columbia;
that the nomination be confirmed, the motions to reconsider be
considered made and laid upon the table, no further motions be in
order, the President be immediately notified of the Senate's action,
and that any statements relating to the nominee be printed in the
Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 830, Judith Anne Smith, of the District of Columbia, to be
an Associate Judge of the Superior Court of the District of Columbia;
that the nomination be confirmed, the motions to reconsider be
considered made and laid upon the table, no further motions be in
order, the President be immediately notified of the Senate's action,
and that any statements relating to the nominee be printed in the
Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. I ask unanimous consent the Senate proceed to
executive session for the purpose of consideration of Calendar No. 832,
David B. Fein, to be United States Attorney for the District of
Connecticut; the nomination be confirmed--I believe, Mr. President,
that the United States Attorney for the District of Connecticut would
have jurisdiction over any Federal crimes that may have been committed
by the individual who tried to blow up people in Times Square on
Saturday night. That man lived in Connecticut. Any activities that he
engaged in, in planning this dastardly plot in which, thank God, no one
was killed, but we have no U.S. Attorney in Connecticut. That would be
the chief law enforcement officer on any Federal crimes that have been
committed by this American citizen who has confessed to some of his
crimes, but we

[[Page 7603]]

may not be aware of other crimes that may have been committed.
The nomination of David B. Fein be confirmed to be United States
Attorney for the District of Connecticut, the motions to reconsider be
considered made and laid upon the table, that no further motions be in
order, and the President be immediately notified of the Senate's
action, and any statements relating to the nominee be printed in the
Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. Reserving the right to object, I am not sure it is a
vacancy in the District of Connecticut at the U.S. Attorney's office. I
think this is a replacement nomination. And I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 833, Zane David Memeger, to be United States Attorney for
the Eastern District of Pennsylvania; that the nomination be confirmed,
the motions to reconsider be considered made and laid upon the table,
no further motions be in order, the President be immediately notified
of the Senate's action, and that any statements relating to the nominee
be printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 834, Clifton Timothy Massanelli, to be United States
Marshal for the Eastern District of Arkansas; that the nomination be
confirmed, the motions to reconsider be considered made and laid upon
the table, no further motions be in order, the President be immediately
notified of the Senate's action, and that any statements relating to
the nominee be printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, I ask unanimous consent the Senate
proceed to executive session for the purpose of consideration of
Calendar No. 835, Paul Ward, to be United States Marshal for the
District of North Dakota; that the nomination be confirmed, the motions
to reconsider be considered made and laid upon the table, no further
motions be in order, the President be immediately notified of the
Senate's action, and that any statements relating to the nominee be
printed in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. Mr. President, there are some nominations on whom the
request has not been made. My colleague from Rhode Island has a number
of judicial appointments. He will return to the floor to make those
unanimous consent requests later--I assume soon. There will be 64 total
requests that will be made today that we cannot find opposition for--64
we cannot find opposition.
I am going to now make five requests to which there was opposition.
The ones I just made, by the way, the last group I just made, are new.
They have been added to the calendar since I made the requests last
week. This is going to continue. I am going to do my very best job at
impersonating the tenacity of my colleague from Oklahoma. I am going to
do my very best job of being a dog with a bone on secret holds. I am
not going to give up. I am going to be out here every week, as often as
I need to be out here. I am going to get as many colleagues to help me.
We now have everybody on this side on board with the exception of
Senator Byrd, and I am optimistic we will get Senator Byrd. I am
hopeful the next time I will have some of my colleagues on the other
side of the aisle, who agree secret holds are wrong, to help make these
requests.
The ones I just made were new. As notice to the Senators who may be
holding those, they were not made last week. So I urge everyone to
check the list and, if they have a hold on them, to notify Leader
McConnell and let Leader McConnell know what their objection is and
comply with the law they voted on.
Let me make these last ones. I wanted the record to be clear, these
are the first ones we made that anybody voiced opposition to--anybody.
Mr. President, I ask unanimous consent the Senate proceed to
executive session for the purpose of consideration of Calendar No. 552,
Jane Branstetter Stranch, to be United States Circuit Judge for the
Sixth Circuit; the nomination be confirmed, the motions to reconsider
be considered made and laid on the table, no further motions be in
order, the President be immediately notified of the Senate's action,
and any statements relating to the nominee be printed at the
appropriate place in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. I might note for the record that this nominee was
voted out of committee by a vote of 15 to 4, with three Republican
Senators supporting her in committee and four Republican Senators
opposing her in the committee. The final vote was 15 to 4.
I ask unanimous consent the Senate proceed to executive session for
the purpose of consideration of Calendar No. 588, Philip Coyle, to be
Associate Director of the Office of Science and Technology; that the
nomination be confirmed, the motions to reconsidered be considered made
and laid upon the table, that no further motions be in order, the
President be immediately notified of the Senate's action, and that any
statements relating to the nominee be printed at the appropriate place
in the Record.
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. McCASKILL. On that nominee, the vote out of committee was 19 to
6--19 to 6. Five Republican colleagues supported this nominee and five
Republican Senators opposed this nominee. So it was a 5-to-5 split of
the Republicans on the committee to that nominee.
I ask unanimous consent the Senate proceed to executive session for
purpose of consideration of Calendar No. 703, Benita Y. Pearson, to be
United States District Judge for the Northern District of Ohio; that
the nomination be confirmed, the motion to reconsider be considered
made and laid on the table, no further motions be in order, the
President be immediately notified of the Senate's action, and that any
statements relating to the nominee be printed at the appropriate place
in the Record.
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. I object.
The PRESIDING OFFICER. Objection is heard.
I might note this was a voice vote in committee and Senator Sessions
did raise concerns in committee. So there was not a tally vote. No one
requested a rollcall vote on the nominee. It was noncontroversial
enough that no one wanted to go on record with a rollcall vote, but we
wanted to be very transparent and did want to indicate for the record
that Senator Sessions did raise concerns in committee about this
nominee.
Mr. President, I ask unanimous consent that the Senate proceed to
executive session and consider Calendar No. 747, Ari Ne'eman, to be a
member of the National Council on Disability. I ask unanimous consent
that the nomination be confirmed, the motion to reconsider be
considered made and laid upon the table, no further motions be in
order, and the President be immediately notified of the Senate's
action, and that any statements be printed in the Record.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. COBURN. I object.
The ACTING PRESIDENT pro tempore. Objection is heard.
Mrs. McCASKILL. I should note that this is a nominee who--once again,
it

[[Page 7604]]

was a voice vote. Senator Coburn did indicate some concerns with this
nominee at the committee level.
Mr. COBURN. I have an appointment with the gentleman to have a
discussion.
Mrs. McCASKILL. We have now gone through the entire list, with the
exception of about 10 judicial nominees on whom Senator Whitehouse will
be making the requests. I was hopeful that this week we would know who
is holding those folks. We still do not know.
If I might make a suggestion, I am not confident it will be accepted,
but if the leadership of the Republican caucus wants to hold these
nominees, Senator McConnell can put his name on all of them. Then the
people of America will know Senator McConnell is holding them and they
will see him as the leader of the Republicans and they can judge
accordingly. But if Senator McConnell does not have objections to them
and is not willing to put his name on them, then the people who have
the objections should put their names on the holds. We are going to
break this bad habit.
I do want to make a note that there were four judges I made requests
on who inadvertently got on the list. They have been confirmed. We will
provide for the record those four names so they can be appropriately
noted. So instead of doing 69 today, we are only doing 65.
I thank the Senate for its indulgence. I thank Senator Coburn for
remaining on the Senate floor. As I said, Senator Whitehouse will be
back to make a few more motions. Let's break a bad habit that the
people of this country do not agree with.
The ACTING PRESIDENT pro tempore. The Senator from Oklahoma.
Mr. COBURN. Mr. President, I ask unanimous consent to speak for
approximately 15 minutes as in morning business for myself.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.

Tribute to Jane Treat

Mr. COBURN. Mr. President, I pay tribute to one of my staff members
today. She recently left. She had a child and is being a mom and a
civic activist. But she was a trusted adviser and, more than that, a
dedicated patriot.
Jane Treat, who has been with me since the earliest parts of 2004, is
leaving to become a full-time mother. It is hard to lose her. But I
understand the attraction as well as the commitment for a much more
important job. She first came to work for me as a volunteer, fresh off
her studies at Patrick Henry College.
Since that time she has played a key role on my Judiciary Committee
through many intense legislative battles. She spent many long days in
the Dirksen Building poring through briefing materials, preparing
background notes for me, and negotiating on my behalf with other
offices.
She was there during the Roberts and Alito hearings. For a time she
also served as my interim chief counsel on the committee, since I had
no attorneys and she was a nonattorney as well, which was a rare
occasion. Her dedication has never wavered. The fact is, she worked the
day she delivered her first child. She prepared negotiations that day
for a bill that threatened the second amendment of the Constitution and
how it interacted with our veterans. We prevailed that day in no small
part because of her efforts. One would be hard pressed to find anyone
who cherishes the Constitution and who knows its principles as well as
Jane Treat.
My legislative director jokes:

Although Jane did not actually write the Constitution, she
is its fiercest defender.

I would have to agree.
For the past 2 years, and after the birth of her daughter, Jane has
managed a correspondence team that works in my office, ensuring that
every letter that reached my desk was treated with the utmost concern
and professionalism. She cared for each constituent as if it were
written to a close relative or a neighbor. In that, she has done a
terrific job.
There is one last quality of Jane that I commend to everyone in the
room, and that is courage. Jane has a keen sense of right and wrong and
will not allow an injustice to stand, whether it is policy related or
simply human. She fights for everybody.
When she disagrees--I am laughing about this because when she
disagreed with me, I was always sure I would hear about it later. She
would come to the office and knock on the door, and say: Now we need to
have a talk. You were wrong.
Of course, I would remind her that she was not elected and I was and
there is some interpretation to the Constitution.
But the quality of having the courage to confront on things that are
strongly held beliefs is a great quality that built our country, and
she distinguishes herself in it. That is in contrast to what usually
happens in this town where we avoid difficult issues rather than
confront them.
True to her principles, she will turn her attention toward her new
community in Broken Arrow, OK, where she will be a full-time mom. It
will not be long, for sure, before she is volunteering again for a
cause close to her heart.
Jane, we appreciate you. We thank you for your service, and we thank
you for the modeling of your behavior.

Secret Holds

Now, I just want to spend a few minutes because what we have just
gone through is a challenge to a process that has been ongoing for a
long period of time. The President knows I am in agreement with
sunshine. As a matter of fact, the President and I created the
Transparency and Accountability Act so that everything we do gets
published in terms of what we spend and how we spend it.
I agree we ought to be forthright with the reasons we hold
individuals. But let's talk about what a hold is. A hold is saying you
do not agree to a unanimous-consent request to pass out an individual.
In other words, what is a hold? What does it really say?
It really says, first of all, I either may have some very significant
concerns with this individual or I may want to study this individual
for a period of time and their record before I agree to it or I may
want to debate it, the qualifications of the individual.
I agree on the transparency. But I think it is very important that we
go back to say--and not necessarily attune the motive. But when I read
the sign about those who are being held now versus in the Bush
administration, I am reminded that there were over 100 U.S. attorneys
and marshals and 50 judges at the same time who were blocked in
committee so they could not even get to the floor at that time.
So it depends on where one takes the snapshot. There are lots of
reasons to not agree to people being confirmed. I have no problem with
stating my reasons, and I will publish my reasons. I do not have any
problem even publishing them. But I am not sure that we want to
necessarily impugn the motives of somebody who takes advantage of that.
I agree with the Senator from Missouri. I have no problems with
putting it out in the open. But I did ask the question, and at some
point in time I think it would be wise for those who think that, that
we get a parliamentary ruling on what the rule really means because I
think there is some discussion. I do not doubt that the intent of what
was passed was exactly what we intended: to put it out there. But I
think the interpretation or how it may be read is subject to some
debate, and it would be great to have a Parliamentarian rule on that.
Finally, I would say, the other side of this issue, which comes back
to things that are dear to my heart, is the fact that 94 percent of
everything that passes in this body passes by that very process,
unanimous consent.
Unanimous consent says: We will not have debate. We will not have an
amendment. Things will pass because nobody objects to it passing.
There is a real disadvantage for our country in that. The
disadvantage is that the American people never know what we are doing.
They do not get a hearing. They do not get to hear the policy debates
on both sides of the issue. It is good that we work some

[[Page 7605]]

things out, but if you watch the floor, what we know is 40 percent of
the floor time is spent in a quorum call.
The real issue we are fighting is the moving, is the reason the
majority leader does not move them, because it takes time to move them.
Right? That is our problem. Time is our biggest enemy in the Senate.
But yet that is exactly what our Founders intended. They wanted it to
be very difficult to change what they had put in place, and they set in
motion this system that says: We are going to make things thoughtfully,
under full consideration, with open debate.
We hear our colleagues all the time say this is the greatest
deliberative body in the world. It is, but not all of the deliberation
goes on on the Senate floor. I have no doubt there are abuses on both
sides. I do not know what the motives are.
When I hold somebody, I hold them because I think they are either not
qualified for the job, I think they have a past record that would
question their character, or I think, in fact, they will do a terrible
job at the position even if they are qualified. And I have the right,
as an individual Senator, to say I am not going to support that
nomination. So I am all for moving and giving Presidents what they
want, but I am not for doing it without the debate and the
consideration that needs to be there.
So I am very supportive of people standing up and saying why they are
holding up people. Through the courtesy of the Senator from Missouri,
she did not list one of the judges that I am sure she was going to ask
unanimous consent on because I was the lone Senator in the Judiciary
Committee to vote against him. Now, I do not know who is holding him.
But the fact is, I do not think he is qualified. I want him to be
debated. I want to have a chance to inform the American people why I
think he should not be a circuit court judge. And that is my right.
To say we are just going to move him without a debate, without
anything but a vote, I am not going to do that on people I think are
not truly qualified. So it is not as straightforward as we think. I
think we ought to think about how the process is working, that the
leaders do work on this process. They move a lot of them forward. I
understand the frustration, and I would be giving the same speech if it
was turned around. As a matter of fact, I have before.
So I concur with my colleagues. I think sunlight is a wonderful
thing. I think there are times where we have the problem, and I will
give you three specific examples.
I publish all of my holds. Under the Emmett Till bill, I was
immediately accused of being a racist. I held the bill because I wanted
it paid for, but as soon as I put out that I was holding the bill, I
was accused of being a racist. So there are reasons for people to work
behind the scenes to be able to work on things, to solve the problem
with their concerns, without it becoming public, so that you get the
ultimate action but do not impugn the integrity of people because they
may not agree.
So the potential of letting go of all of this idea that we cannot
negotiate before we come, and that we have to expose everything--what
happened was the special interest groups attacked me ferociously. I
ended up becoming best friends with a very significant individual who
drove that. What has happened today is we still have not done it
because we did not put the money in to pay for it, which is what I
wanted. There is still no special provision. There is still no action.
We passed it 2 years ago.
Next thing was the Veterans Caregiver Act.
I hated veterans because I thought we ought to pay for it, and I
thought it ought to apply to every veteran who had that kind of injury
who served this country. But yet there was a ferocious attack by the
interest groups. I am willing to take that heat. That comes with the
job. But it is certainly not fair to put yourself in that position. I
understand why other Senators will not stand up and say every time why
they are holding a bill when we see that kind of attack coming at us.
Same thing on breast cancer. My sister-in-law, a cousin, all with
breast cancer, two-time cancer survivor myself, but I hated breast
cancer patients. You can see why the idea of objecting to a unanimous
consent and then immediately putting it out there will end up with the
attack of the special interest groups in this country, because you are
trying to make something better but your motives are impugned because
you don't agree with the special interest that is running the bill in
the first place or, in the case of a nomination, the special interest
of the administration. They think this is the individual.
I don't defend. I put it out. I am willing to take that. But I
understand that is not always the best way to get something
accomplished, because you end up burning a lot of energy defending
yourself on something you are totally innocent of in the first place.
You want a different result for a different reason, but that never gets
covered.
This morning has been great. It is interesting that we have had this
debate. My hope is we will have people who will stand up and speak and
put up why they believe what they believe, fight for the principles
they believe in. I think I can defend my principles to the hilt. In
front of 100 commonsense folks in this country, I can get 85 of them to
decide with me. I am not afraid to do that. I am willing to be honest
and transparent and straightforward. But the impugning of motives
worries me, because it has nothing to do with not wanting President
Obama to have his people. It has to do, in many instances, with people
who are truly unqualified or truly are divergent on what their past has
been versus what they say. Those are legitimate reasons to have debate
on individuals who are going to serve a function in this government.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Minnesota.
Mr. FRANKEN. Mr. President, I rise to speak about an issue of great
importance, the foreclosure crisis, and the fears and frustrations of
American families who are at risk of losing their homes. Wherever I go
in Minnesota, people tell me horror stories about losing their homes to
foreclosure. I am sure the same is true of the Presiding Officer when
he goes home to Virginia.
The foreclosure crisis strikes at the heart of the American dream,
threatening Americans' life savings, family lives, and what they have
achieved. The President took a big step in addressing this crisis when
he created the HAMP program which encourages mortgage servicers to
modify home loans to help people avoid foreclosure. But it is often
difficult to implement complex programs and HAMP is no exception. When
HAMP works, it can be great. It can literally save people's homes. But
too often homeowners who try to use the HAMP program find themselves
involved in a bureaucratic process that is riddled with errors. These
are errors that have serious consequences for people's lives.
Take a woman named Tecora who is a homeowner from south Minneapolis.
Incidentally, she is someone who actually would have been helped by a
Consumer Financial Protection Bureau. Several years ago, she bought a
house with an option ARM or adjustable rate mortgage, where the
mortgage payments increased dramatically over the years. Someone should
have told her that the teaser rate her lender offered her might be
misleading. Someone should have told her she might not be able to
afford her mortgage payments in the future. But no one did.
A few years ago, Tecora's payments went up, and she fell behind on
her mortgage. She entered HAMP hoping to save her home. But 7 months
later, she was told by her mortgage servicer that her file was closed
because she had ``declined a final modification of her mortgage.'' Here
is the only problem: She hadn't. And her mortgage servicer had no
record of a conversation or correspondence with her. They had simply
marked the file as closed.
Tecora is lucky enough to be working with a wonderful nonprofit in
Minneapolis, Twin Cities Habitat for Humanity. They are helping her to
fight this mistake. But they have been working on this since March, and
the government resources that are available

[[Page 7606]]

are not very helpful. In the meantime, Tecora is constantly worried
that she may lose her home because her mortgage servicer made a
mistake.
Or take Barbara, a homeowner from Minneapolis who fell behind on her
mortgage payments because her husband was laid off and her son got
cancer, racking up huge medical bills. Talk about someone who might
lose their home through no fault of her own. Her mortgage servicer
claimed she was not eligible for final mortgage modification, using
incorrect information about her financial situation. When she pointed
out there was a problem, her servicer told her there was nothing they
could do because ``once you have been denied for HAMP, you can't be
eligible again.''
Barbara is fighting this, but someone from the government should have
her back.
Yesterday I filed an amendment with Senator Snowe and seven other
colleagues to fix the HAMP appeals process. People at risk of losing
their homes are going through enough already. They should not be stuck
fighting over mistakes with their servicers without a guarantee that
someone will be on their side. Our amendment would create an office of
the homeowner advocate, modeled after the very successful Office of the
Taxpayer Advocate within the IRS. The advocate's office would be an
independent unit within Treasury, charged with helping homeowners,
their housing lawyers, and their housing counselors to resolve problems
with HAMP. The office would be temporary, lasting only as long as HAMP
does. But while it exists, it would have a lot of authority to help
homeowners and families around the country. For the first time,
homeowners would be able to call an office in the government and know
that someone with the authority to fix a problem is actually fighting
for them.
Staff of this new advocate's office would be able to make sure that
servicers obey the rules of HAMP or risk suffering consequences.
Perhaps more importantly, opening a case with the advocate's office
would delay a servicer's ability to sell a person's house, giving the
office time to resolve the problem before it is too late. The director
of the advocate's office would be someone who can truly fight for the
rights of homeowners. He or she must have a background as an advocate
for homeowners and cannot have worked for either a mortgage servicer or
the Treasury Department in the last 4 years. The director will also be
able to help those of us in Congress understand what is going on in
HAMP. Because the office can collect data about the kinds of complaints
and appeals that come in, the director will be in a good place to know
what kinds of changes, both administrative and legislative, need to be
made to the program and can describe them to the Treasury Department
and to Congress.
Once a year the director will issue a formal report laying out in
detail all the problems people have had with HAMP and how they can be
resolved and the way such problems could be prevented or better
resolved in the future.
I know many of my colleagues on both sides of the aisle are
understandably worried about the deficit. I want to be clear about one
thing: This amendment includes no new appropriations. The advocate's
office will be funded with existing money that is set aside for HAMP
administrative costs.
I am pleased to say that our amendment is supported by the Treasury
Department itself. In fact, yesterday it was featured on the White
House's blog as one of ``The Good Guys,'' 10 simple, straightforward
amendments that would strengthen the already good Wall Street reform
bill. It is a good guy, this thing.
My amendment is also supported by a large number of groups, including
Americans for Financial Reform, the Center for Responsible Lending,
National Consumer Law Center, the Leadership Conference on Civil and
Human Rights, Consumers Union, Consumer Federation of America, the
Service Employees International Union, and National Council of La Raza.
I am particularly pleased to say that the amendment is also supported
by several of the most important housing groups in my home State of
Minnesota.
The idea behind the advocate's office is simple, but the impact could
be huge for all the people whom we are here to represent. Please join
me in helping to ensure that HAMP actually works for families around
the country. We owe it to Tecora and Barbara and to all the working
families in our States and around the country.
I also rise to talk briefly about another amendment I am proposing to
reform the credit rating industry. This industry is fraught with bad
practices and perverse incentives. These incentives have produced
inflated ratings which resulted in dangerous junk bonds getting AAA
ratings and thus being eligible for public pension funds. In fact, the
court ruled last week that a suit on this issue brought by CalPERS, the
California public employee pension system, can now move forward.
CalPERS represents nearly 1.5 million California public employees,
including thousands of teachers and public safety officers. CalPERS has
brought suit against the three biggest credit rating agencies--Moody's,
Standard and Poor's, and Fitch. CalPERS states that the big three
provided ``wildly inaccurate and unreasonably high'' ratings to
products that ended up in their investment fund. When these structured
finance products, including securitized subprime mortgages, tanked,
CalPERS pension fund lost almost $1 billion. That is a loss of $1
billion for California teachers, police officers, firefighters, and
public servants from their health benefits and retirement plans.
CalPERS is not the only group to take action. Private suits have been
filed in New York and the attorneys general of Connecticut and Ohio
have brought suit against the rating agencies on behalf of the people
of their States. Ohio Attorney General Richard Cordray filed suit last
fall on behalf of five Ohio public employee retirement and pension
funds. Cordray said:

The rating agencies assured our employee public pension
funds that many of these mortgage-backed securities had the
highest ratings and the lowest risk. But they sold their
professional objectivity and integrity to the highest bidder.
The rating agencies' total disregard for the life's work of
ordinary Ohioans caused the collapse of our housing and
credit markets and is at the heart of what is wrong with Wall
Street today. The inflated ratings cost middle class families
in Ohio nearly half a billion dollars in retirement funds.

But this problem is not limited to California and Ohio and New York.
It has affected my home State of Minnesota. It has affected the
Presiding Officer's home State of Virginia. It has affected every State
in this Nation.
By now, I hope colleagues have heard the details of my amendment to
reform the credit rating system. It would limit the pay-to-play model
currently used in the credit rating industry. The amendment calls for
an independent board to develop an assignment system to match the
issuers of complex financial products with a qualified rating agency to
provide the product's initial rating. This system would apply only to
initial ratings. Issuers could seek a second or third rating from
whichever credit rater they prefer. But the initial rating would put a
check on any subsequent rater which would be disinclined to provide an
inflated pie-in-the-sky rating to a junk product.
By providing for an assignment process, the conflicts of interest
driving the system will be eliminated, and the assignment process will
allow smaller rating agencies that are performing well to get more
business and rating agencies performing poorly to get less. This will
hold rating agencies accountable for their work. It will incentivize
accuracy and increase competition.
I know many of you agree with me, and the list of cosponsors on this
amendment is growing. Most recently, I was particularly pleased to have
Senator Wicker join our effort. Of course, I am deeply grateful for the
leadership of Senators Schumer and Nelson and the support of Senators
Whitehouse, Brown, Murray, Bingaman, Merkley, Lautenberg, Shaheen, and
Casey. Restoring integrity to the credit rating system will provide
real protection for working Americans.

[[Page 7607]]

Working people such as Tecora and Barbara are still reeling from the
effects of this recession. Our unemployment rate still hangs near 10
percent. Working Americans together have lost nearly $4 trillion in the
value of their homes and about $3 trillion in the loss of their
retirement savings during this economic crisis.
The Wall Street reform bill before us goes a long way to prevent this
from ever happening again. But there are a few places where it can be
improved. I hope my amendment creating the Office of the Homeowner
Advocate will help struggling Americans keep their homes. My amendment
calling for an overhaul of the credit rating agency industry will
protect millions of Americans from unprecedented losses in their
supposedly safe retirement investments. I ask my colleagues for their
support on both of these critical amendments.
Mr. President, I yield the floor.
Mr. SPECTER. Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. SPECTER. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. SPECTER. Mr. President, I have sought recognition to talk about
three amendments pending on the legislation to reform Wall Street. I
begin by noting the spirit of bipartisanship which is present on this
issue, and I think it is a very important sign. There is too little
bipartisanship in this body, and from my travels through my State and
elsewhere, I believe the American people are fed up--really sick and
tired--with the kind of bickering which is present in the Senate. It
took a lot of public pressure and an obvious, great, and serious
problem to bring about this bipartisanship. But it is very important
that it be present in our efforts to reform Wall Street, and I hope it
will be a sign of things to come.
Some time ago, I introduced a bill which would change the decision of
the Supreme Court of the United States which held that aiders and
abettors were not liable under the Securities Act. I have taken that
bill and have submitted it as an amendment with quite a number of
cosponsors. It is amendment No. 3776, to allow suits against aiders and
abettors of Wall Street fraud, cosponsored by Senators Reed, Kaufman,
Durbin, Harkin, Leahy, Levin, Menendez, Whitehouse, Franken, Feingold,
and Merkley.
Prior to the decision of the Supreme Court of the United States in
Central Bank, back in 1994, supplemented by the Stoneridge Investment
Partners decision, the law was that aiders and abettors were civilly
liable for damages. It is a very odd circumstance that aiders and
abettors remain liable under the criminal law but are not liable under
civil law, and this amendment would reinstate the civil liability for
aiders and abettors. It is narrowly drawn to apply only to individuals
who knowingly provide substantial assistance to the primary violator.
But where you have a stock offering and you have many parties who are
working with the principal offerer, the offerer can only carry out the
fraud with the assistance of quite a number of people.
This amendment will reinstate what had been the law prior to the
Supreme Court decisions I just mentioned. I think it is worth noting
that Senator Shelby had introduced similar legislation back in 2002.
The second amendment I wish to discuss briefly is amendment No. 3794,
submitted by Senators Leahy, Grassley, Kaufman, and myself, which would
direct the Sentencing Commission to review and amend the sentencing
guidelines for securities and financial institutions which engage in
fraud, and the guidelines should reflect the intent of Congress that
penalties for those offenses should be increased.
Earlier this week, on Tuesday, the criminal law subcommittee held a
hearing attended by quite a number of very experienced people in the
securities field and in criminology. The predominant view was, where
you have a fine imposed, it is not a deterrent at all. It is
insufficient as punishment for the perpetrator, but it is insufficient
for the gravity of the offense. A fine is simply incorporated as part
of the cost of doing business, passed on to consumers.
The provision for a jail sentence would be an effective deterrent. I
base my own view on this subject from my experience as district
attorney of Philadelphia, where I convicted many white-collar criminals
and corrupt political figures, such as the chairman of the Philadelphia
Housing Authority, the deputy commissioner of licenses and inspection,
the stadium coordinator--to name only a few.
If the perpetrators of fraud know they are going to be going to jail,
it will have quite a different impact on their own conduct. One of the
witnesses testified to a celebrated case where an individual was fined
$50 million and was willing to pay that but said, simultaneously with
the payment of the fine, if he had been charged criminally, he would
have fought it tooth and nail because of the concern about going to
jail.
The third amendment I wish to discuss is amendment No. 3806, which
provides that there should be a fiduciary duty for broker-dealers to
avoid conflicts of interest in investments and make such violations a
Federal crime.
In the SEC complaint against Goldman Sachs, the gravamen was--and I
acknowledge and am explicit that these are only allegations--that the
package of mortgages was put together and then was broken up into
securities, and an individual who was involved in putting the package
together, knowing the details, immediately hedged and sold short. That
means he bet against those securities. He thought they would go down.
It is my view that the people who put that transaction together have
a fiduciary duty to tell the investors--even institutional investors--
as to exactly what is going on; that they should know somebody is
simultaneously saying their professional judgment is that the value is
going to go down.

Don't Give Miranda Warnings to Suspected Terrorists

Mr. President, recently Attorney General Holder testified before the
Judiciary Committee in our periodic oversight proceedings and testified
that it was the policy of the Department of Justice to handle the
interrogation of suspects in terrorism cases on a case-by-case basis.
It is my view, which I expressed at the time I questioned Attorney
General Holder, that that ought not to be the policy of the Department
of Justice; that the policy of the Department of Justice ought to be
not to give Miranda warnings to people who are suspected of terrorism.
The Miranda warnings coming out of the decision handed down by the
Supreme Court of the United States in 1966--and I recall it well. I was
in my first year as district attorney in Philadelphia at the time, and
it was quite a jolt to the criminal justice system that my office
prepared the details to have a card for the police officers by the end
of the week, because they interrogate a great many suspects. But the
Miranda warnings require the interrogator to advise an individual that
he has the right to remain silent; secondly, that anything he says can
and will be used against him; third, that he has the right to an
attorney, and that if he wants to stop answering questions at any time
in the sequence, he can.
When a suspect in a terrorism case is being questioned, there are
issues which are much more important than the conviction of that
individual. The important thing is to gain information, find out who
may be involved, and gather intelligence to prevent future acts of
terrorists. I saw this in some detail during my tenure as chairman of
the Intelligence Committee back in the 104th Congress. The recent
apprehension of the Times Square bomber, who had the bomb positioned to
blow up in Times Square and injure many people is illustrative, and the
information he gave without Miranda warnings. He was Mirandized, as I
understand it from the media reports at some point, but the information
he has given has

[[Page 7608]]

been very valuable in linking possible coconspirators to the Taliban in
Pakistan.
It is not widely understood, but the only consequence of not giving
Miranda warnings is that any statements made by the suspect may not be
introduced in a criminal trial in a U.S. court. But in the case of the
Times Square bomber, as in the case of the Christmas bomber, there was
sufficient evidence to move ahead with the convictions. But even if
that were not so, the value of getting intelligence information vastly
outweighs the interests of convicting the individual in that specific
case. Even in that case, there is the potential alternative of being
tried by a military commission where the Miranda rules do not apply. So
it is my strong recommendation to the Department of Justice, as I had
discussed it with Attorney General Holder, as I have communicated it to
the FBI Director Bob Mueller, that the policy be changed so that it is
not optional with an interrogator to make a decision on a case-by-case
basis because the interrogator may make a mistake and decide that this
is a case where the Miranda warnings ought to be given, and that may
stop the individual from providing information.
Some of the Senators at our Judiciary Committee hearing were of the
opinion that the chances of getting information were enhanced by giving
the Miranda warnings, and I think that is not only counterintuitive--
not what you would expect--but contrary to experience; that the
likelihood of a person saying he won't talk if he is advised that he
has a constitutional right not to, and then advised that he has a right
to counsel, and then advised he will have counsel provided if he
doesn't have counsel of his own, and once counsel are in the case,
their obligation is to protect the interests of their client. That
decision more likely than not will be to remain silent so the
individual is not harmed with a potential criminal prosecution. I think
the policy of the Department of Justice ought to be to have an absolute
rule: No Miranda warnings in cases of persons suspected of terrorism.
There is some suggestion of legislation on this point. I think that
raises constitutional issues of separation of power, and what ought to
be done is the policy ought to be established now by the Department as
an absolute rule not to give Miranda warnings to those suspected of
terrorism.
I thank the Chair and yield the floor.
The PRESIDING OFFICER (Mr. Franken). The Senator from Rhode Island.
Mr. REED. Mr. President, I take the floor today to talk about an
amendment which I have been working on with Senator Scott Brown of
Massachusetts. I am very fortunate to have Senator Brown's help,
insight, and advice because of his extensive experience not only as a
public servant but as a member of the Massachusetts National Guard. As
a lawyer, as a company commander, and as someone who has served in
various capacities within the Guard, Scott Brown knows from firsthand
experience that young troops particularly, men and women of our Armed
Forces, can be exploited by unscrupulous business practices, and that
it is essential when we create a Consumer Financial Protection Agency
that there be a particular and explicit liaison for military issues.
Many of these young men and women are not in their home towns. In the
context of today's operations, they are returning from duty in Iraq or
Afghanistan. They have not been spending a lot of money in Afghanistan
because there is not a lot to buy, and they come home and they want to
buy a new car or they want to do something, and they can be exploited.
That exploitation is particularly hard to bear when it is at the
expense of a young person who is risking their life in service to his
country.
Senator Brown and I are working on a joint amendment which would
create an office of military liaison within the Consumer Financial
Protection Bureau. The office would educate and empower servicemembers
and their families to make better and more informed decisions, and it
would work closely with existing personnel with the Department of
Defense and the particular services so there is not only a place to go
with a complaint, but also proactive information to avoid some of these
missteps.
It would help monitor and respond to complaints by servicemembers and
their families, and it would also coordinate efforts among Federal and
State agencies, and that I think is absolutely critical. You have local
insurance regulators, you have local attorneys general, you have the
Better Business Bureau, you have the Department of Defense offices. We
have all of these things, but often, particularly for a young soldier,
where to go and get comprehensive one-stop help is hard to figure out.
Many times they will approach an office and they will be told, well,
you have a good case but we don't do that, and they are sent away.
Given the time and commitment they have to devote to their service,
this is another burden they have to bear, and we hope we can reduce
this burden.
Senator Brown and I are working to develop the details of this
office. I think it is absolutely necessary.
We have looked at--and I have been looking at this problem for years
now, and communicating with the Department of Defense, Secretary Gates,
and others at the Department of the Treasury about how to protect
better our service men and women. We think this initiative will help us
in that regard.
The Department of Defense and the Government Accountability Office
have found that servicemembers are particularly vulnerable to expensive
and often abusive products. I will take off my Senate hat and put on my
old company commander hat in a paratrooper company. You have 18- and
19-year-old men and women. They receive an enlistment bonus of
sometimes $20,000. They don't have a home. They have bought the most
expensive stereo equipment they already can buy. What they are looking
for is something they can call their own, and usually that is a big,
expensive car or truck. When they walk in the door, I think some of
these dealers are aware of their vulnerability: lack of information,
the short time they are back from an overseas deployment, the time
before they are moving on to a deployment. So they are vulnerable. They
are also vulnerable in another sense, not just with respect to products
but there are so many families now where one of the spouses is in the
military and the other spouse is in the military, and that other spouse
is deployed overseas. So you have a member of the U.S. military with
children, with a father or mother overseas, and they are struggling.
Even with the pay they receive at the end of the month, it is a tough
go. They are looking for good deals. There are too many people out
there who are looking for people who are vulnerable to good deals. That
is the reality today in the military. It is a different military force
in terms of Operation TEMPO where I served where you were rather
stabilized in one area for 3 years at least and then moved to another.
Now you have families where the husband returns and 3 months later the
wife deploys. That is a huge burden on the children, but it creates a
kind of uncertainty and turmoil where financial problems are much more
likely to occur. That is another factor of vulnerability, and we have
to recognize that.
We also understand too that some of the more unscrupulous operators
out there know these soldiers are getting steady paychecks, but they
might not last all the way through the month. So they are a good sort
of subject for some of these ploys. They have steady pay. You can go
after them legally to try to attempt to do something, subject to the
Servicemembers Civil Service Relief Act and all the other laws we try
to protect them with. This is a target population in some respects, I
hesitate to say, but unfortunately I think it is true.
The Under Secretary of Defense Clifford Stanley, who has been charged
to be the champion for quality of life for protecting service families,
has stated recently: ``The personal financial readiness of our troops
and families equates to mission readiness.'' He reports that 72 percent
of military financial counselors surveyed--these are

[[Page 7609]]

the individuals at DOT, all the personnel whose job is to talk to
troops about their well-being--72 percent surveyed had counseled
servicemembers on auto lending abuses in the past 6 months. So this is
not an isolated incident in one part of the country; this is across the
country, across the Department of Defense, and that is a significant
situation.
It is not just auto abuses. Payday loans, for example. As I said,
anybody who is working around a military base knows that come the end
of the month, that paycheck will probably be deposited into the
checking account, so that is a good bet to lend money to. But the
interest rates they are lending at, sometimes the APR is up to 800 to
900 percent. That is staggering. But they are doing it, and they are
doing it to young soldiers who have their heads, some of them, looking
forward to a deployment. Some of them have not even gotten over the
last deployment, and we have to be conscious of that.
Rent-to-own loans. This is where you go to a shop and you say I would
like to rent a TV for 30 days because you am deploying in 45 days. Then
you don't deploy so you keep it, and in some cases you end up paying
two to three times the retail price of the appliance. At least
individual soldiers have to be informed of those practices and know
about it. We have to be sure they are getting that information.
Refund anticipation loan is a classic. You are going to get your tax
refund and if you let us give you a loan right now, we will take that
tax refund. These turn out in some cases to have APRs reaching as high
as 250 percent as you are borrowing against your prospective tax
refund.
Automobile title pawns. Short-term loans are given to soldiers--and
again, as a company commander, I never--well, let me see. It was more
common to see a soldier in debt than to see a soldier investing in
bonds and safe investments. It is the nature of being 18 years old,
with some money and the feeling that you have to spend it. But
automobile title pawns, short-term loans with very high interest rates
to give the title of their car to the lender as collateral. Again, the
whole notion to some youngsters in the military about what is a title,
what is collateral, when they are looking at $2,000 or $3,000 on the
table, that is only details. But when the time comes to pay the loan,
they don't, and they lose their $25,000, $30,000 car or truck, and then
it is a reality.
I think we have to be conscious of this. All of this is compelling in
the abstract. It becomes even more compelling when you listen to the
stories of individual soldiers.
Three years ago, Army SPC Jennifer Howard bought a car while she was
stationed at Fort Riley, KS. As it turns out, the dealership that
arranged her financing charged her for features on the car that she
never got, such as a Moon roof and alloy wheels. You may say to
yourself, how could anybody be so gullible? If you are a young soldier
who just got back or is getting ready to go and you look at a shiny car
and you know you didn't order the alloy wheels and Moon roof but you
are not going to take time checking the manifest to see what you are
charged with--that has been my experience. A dealer should know that,
but apparently, in this case, they charged her anyway.
She says:

The dealership knows that we're busy, we're tired. We don't
take the time, because we don't have a lot of time. It's like
get in, get out, do what we got to do. If we get taken
advantage of later we'll deal with it then.

SGT Diann Traina bought her car from a dealership that didn't
actually own it. When it was repossessed, she was stuck with a $10,000
bill. She said:

Trying to concentrate on my job and the mission in Iraq and
then trying to figure out stuff that's going on at home, it
was really stressful.

She goes on to say:

If there's some type of regulation or agency that's out
there to back you up, you know who to go to to complain about
somebody if you're experiencing a problem.

That is what we want to do--coordinate these activities through a
military liaison at a consumer financial protection agency. We want to
do that because it is the right thing to do and because if we cannot
protect the men and women who are protecting us, then we have to ask
seriously whether we are doing our job. I know they are doing their
job.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico is recognized.
Mr. BINGAMAN. Mr. President, I understand that today is set aside
just for debate on amendments and on the bill. I certainly understand
that, and I, accordingly, will not call up my amendment today.
I do want to talk about an amendment I have filed--amendment No.
3892--so that I can put my colleagues on notice about this amendment
and the importance of it. This amendment has a straightforward goal. It
is to protect the existing legal structures that ensure that
electricity and natural gas rates consumers pay will continue to be
just and reasonable and free from manipulation.
I am joined in the amendment by a strong bipartisan group of
cosponsors, Senators who, like me, have worked hard over the years to
strengthen consumer protections in this area of electricity and natural
gas, who have worked cooperatively with me and others on the Energy
Policy Act of 2005 to close the so-called Enron loophole.
I want to particularly express my appreciation to Senator Murkowski,
who is ranking member on the Energy Committee that I am privileged to
chair; Senator Reid of Nevada, who is cosponsoring the amendment, and
Senators Brownback, Cantwell, Cornyn, Wyden, and Corker. All of these
Senators have cosponsored the amendment we filed last night. I am
grateful for their support and the hard work of their staffs in
developing the amendment.
The bill currently before the Senate has several important
objectives. It improves accountability in the financial system. It
provides much needed protections for American consumers of financial
services. It also expands the scope of the Commodity Futures Trading
Commission's authority with respect to regulating commodity markets. I
support all of these objectives. I am very glad to see them included in
this bill.
However, I believe a small but vital addition to the bill is needed
to ensure that America's consumers of energy products are adequately
protected, and that is the issue the amendment I am discussing
addresses.
We need to be sure that both under existing law and under the
expanded authority being given to the Commodity Futures Trading
Commission in this bill, there is no compromise of the role the Federal
Energy Regulatory Commission is expected to perform and the role our
State public utility commissions are expected to perform to regulate
rates and terms with respect to electricity and natural gas markets.
Without this amendment, the bill before us could inadvertently
prevent those agencies from exercising their authority and their
responsibility to ensure just and reasonable rates for electricity and
natural gas consumers. Without this amendment, the Federal Energy
Regulatory Commission's ability to exercise antimanipulation authority
could be called into question. These are enforcement tools to protect
consumers. Congress granted them to the FERC in 2005 as a direct
response to Enron's manipulation of markets in California and the West.
The amendment offers a solution that I believe is consistent with the
philosophy of consumer protection that underlies other parts of the
bill before us. The effect is simple: The amendment preserves the
authority of both FERC and the States to ensure that electricity and
natural gas rates are just and reasonable. Direct examination of prices
is central to each of those agency's mission. In FERC's case, this
authority is longstanding; it was established over 70 years ago.
Without this amendment, a critical check on energy prices may be
lost. That is true for two connected reasons:
First, the CFTC's so-called ``exclusive jurisdiction,'' which is in
the Commodity Exchange Act, could be interpreted to operate to prevent
FERC and

[[Page 7610]]

State public utility commissions from acting where their jurisdictions
intersect the Commodity Futures Trading Commission's jurisdiction.
Second, the CFTC's regulatory mission differs significantly from that
of the FERC and from that of the State public utility commissions. The
CFTC's mission is to protect market participants and to promote fair
and orderly trading on those markets. It doesn't directly examine
commodity prices in these markets. It does not consider the
reasonableness of rates charged to consumers.
While properly functioning futures markets are important, the
Commodity Futures Trading Commission cannot and does not have the
authority or responsibility to provide protections that are provided by
the Federal Energy Regulatory Commission and the State public utility
commissions under their respective authority.
As I have said, I support the bill generally. I believe it is
essential to ensuring that consumers are protected. However, both I and
my cosponsors on the amendment strongly believe it is necessary to
preserve existing consumer protections that may otherwise be lost.
It is a simple, straightforward, tailored amendment that does not
create loopholes in jurisdiction. It does nothing to diminish the
ability of the CFTC to regulate commodity exchanges such as NYMEX or to
require public disclosure of swaps or any other authority they have to
regulate the mechanics of commodity markets, including those that trade
energy commodities.
Once again, I thank my cosponsors for working to develop this
amendment. I urge my colleagues to support the amendment. At the
appropriate time, I will seek to call the amendment up and have it
voted on by the Senate.
Seeing no other Senator seeking recognition, I suggest the absence of
a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Emergency Supplemental Funding

Mr. WHITEHOUSE. Mr. President, I wish to speak on a couple of
subjects. The first is to express my regret that the supplemental
funding to help Rhode Island in the wake of its unprecedented, historic
flooding was stopped on the floor today by a Republican objection. I
would have hoped that when a true emergency happened in somebody's home
State, with a Presidential disaster declaration, and Senators were
working to remedy that, the traditional deference for emergency
spending would be appropriate.
Senator Reed, as the senior Senator and a member of the
Appropriations Committee, is the leader on this issue. He and I will
continue to work to get this done for Rhode Island. It is regrettable
that conditions on the Senate floor are such that emergency spending--
while we still have people out of their homes, flood damage,
unprecedented in Rhode Island's history--is not something on which we
simply could have agreed.
There are floods in other States, and I assume similar rules will
apply when they come forward.

Exorbitant Interest Rates

The second issue I wish to mention, since I see the distinguished
chairman of the Banking Committee, is I continue to hope for and argue
for the amendment I have proposed that will do something very helpful
for something that bedevils constituents in every single one of our
States, which is exorbitant, ridiculous interest rates.
Every day in the mail in every one of our States people are opening
offerings from the big credit card companies; proposals that,
particularly when certain tricks or traps are triggered, kick them into
30 percent or higher interest rates.
It was not too long ago in all of our lifetimes that a solicitation
such as that would have been a matter to bring to the attention of the
authorities in our States because it would have been illegal under
State law to charge that kind of reprehensible interest rate.
We as a Congress never decided we were going to overrule all those
State laws; State laws that have existed since the founding of the
Republic, a tradition of interest rate regulation that in our culture
goes back to the Code of Hammurabi, goes back to Roman law. We never
decided as a Congress: Oh, we are not going to allow States to protect
their consumers any longer, protect their citizens any longer against
exorbitant interest rates.
It happened in a strange, backhanded, almost inadvertent way. It
began with a statute in 1863 that said a transaction was governed by
law based on where it was located. In 1863, there was not a lot of
interstate banking. So there did not need to be a lot of discussion
about what ``located'' meant. But by 1978, interstate banking was
fairly common. The question came to the Supreme Court, what that word
``located'' in that Civil War statute meant.
In a very unheralded decision at the time, a decision that did not
appear to be of any significant consequence, the U.S. Supreme Court
said: If you have a bank located in one State and a consumer located in
another State, the law is going to be the State of the bank. It had to
be one or the other. They chose the State of the bank. The Marquette
decision it was called. It involved the Presiding Officer's State,
Minnesota. The decision said it is going to be the bank.
It did not seem very controversial. Why not? The problem was that the
banking industry began to figure out that there was a loophole. They
began to figure out if they could go to the States with the worst
consumer protection laws in the country or if they could go to a
friendly Governor and say: Hey, I will make you a deal; you clear out
your consumer protection laws, and we will come and we will locate a
big, high-rise business full of call center people in your State--from
that State, they could operate nationally.
Because of this funny 1978 decision from an 1863 law, bit by bit all
of the constitutional Federalist States rights protections, where
sovereign States have the right to protect their own citizens against
outrageous and exorbitant interest rates, became ineffectual. We never
decided that as a Congress. If we had that debate, I will venture that
it would have gone the other way. It would be preposterous for us as a
Congress to look out across America and say: OK, we are going to pass a
law that says that the worst State for consumer protection regulation
is going to be the State that governs. Obviously, it would create a
race to the bottom. Obviously, it would completely disenfranchise home
States trying to protect their own citizens from States a country away
that, frankly, couldn't care less.
A Rhode Island consumer being victimized is not the problem of the
State of South Dakota. It just is not. We would never have passed that
law. It would have been an outrageous law to have passed. Yet because
of this funny, quirky Supreme Court decision, that is the way the law
in practice developed because smart bank lawyers figured out this trick
and have taken advantage of it.
It is not just consumers who are getting clobbered as a result. It is
also unfair to local banks. A Rhode Island bank is under Rhode Island
interest rate laws. But an out-of-State bank, the big Wall Street banks
with their big credit card subsidiaries, can play by their own rules,
by the worst rules in the country. A Rhode Island bank, a Connecticut
bank, a Minnesota bank--they have to play by local rules. It is not
fair to local lenders to have this discrepancy, because it is bad for
consumers, because consumers all across this country are paying
interest rates now that would have been illegal just two or three
decades ago, because it is anticompetitive, because it allows the
biggest banks to compete unfairly against local community banks, Main
Street banks, disadvantaged against these big Wall Street monsters
because nobody in Congress ever made a decision nor would we have made
a decision that this was OK. It is time we closed this loophole.
I look forward to when we return to have the chance to get a vote on
that

[[Page 7611]]

amendment. I very much hope it will be a bipartisan vote because the
principles that the Republican Party has espoused about local control,
States rights, protecting local institutions against big, out-of-State
national entities, federalism, and our common interests across this
floor in consumer protection all suggest that it is the kind of thing
that should not divide us Republican against Democrat. This is closing
a loophole that never should have existed, that we never would have
voted for if we had the chance to vote for it, and that has resulted in
immense harm to the public of all of our States as a result of these
exorbitant interest rates.
As I said, the interest rate solicitation that is landing in
Minnesota today, that is landing in Connecticut today, and that is
landing in Rhode Island today would have been a matter to bring to the
authorities but for this loophole.

Nominations

The final issue I wish to talk about--I guess every Member on the
other side of the aisle has left town, so there is no Republican in
Washington, DC, to come and object to the unanimous consent request I
would like to offer for the stalled nominees.
There are now over 100 names on the Executive Calendar, which is the
list of everybody who is pending awaiting confirmation by the Senate.
At a similar time in President Bush's administration, the number was
20. Those numbers do go up and down, as our Republican friends have
said. But just a few days ago, the number was over 80, and the number
at the equivalent time in President Bush's administration was 8.
There is a clear, systemic attack on the Obama administration's
ability to staff its administration and, thus, govern. What is enabling
it is the fact that you do not have to have a reason to oppose a
nominee. Why don't you have to have a reason? You don't have to have a
reason because you can do it secretly. Nobody even knows that it is you
opposing the nominee. If you want to have a systemic attack on a
President's ability to govern, what a good thing a secret hold on the
President's nominees is.
It has always been around, but it has been abused to a point where we
need to be rid of it. We need to be rid of it. The right of a Senator
to hold a nominee should be protected, but that Senator should have to
stand and say that they are doing it. If they do not have a good enough
reason to hold a nominee that they are willing to stand up and disclose
it, then that is, frankly, not a legitimate hold. The secret holds have
to end.
The situation we are in right now, because there is a Senate rule on
point, is that the list of nominees has been read through. Great credit
is due Senator McCaskill who has read through the bulk of these--76 of
them I think she has been through in the first round. We asked for
unanimous consent on all those nominees. We received objections. I
received an objection on a nominee that I asked for from a Senator who
had voted for that nominee in committee. He voted for the nominee in
committee but came to the floor and objected. The nominee had cleared
the Judiciary Committee with zero opposition, and yet on the floor,
held and held and held, anonymously--secretly.
Under the Senate rules, when you have asked for unanimous consent and
you have had that objection, you have 6 days to come clean on your
hold. Do you know how many Republican Senators followed that rule? One
did. One did. Senator Coburn of Oklahoma disclosed he had been holding
six or seven appointees. That still leaves 100 on the Senate floor
right now on the Executive Calendar.
We began early this morning calling them up to see if those holds
were still there because after 6 days, you are either supposed to have
disclosed it or relinquished it. Sure enough, we kept on getting
objection and objection and objection.
So only two things can be true: Either they are just flagrantly
violating the rule--what are we going to do? There is no enforcement
mechanism built into the rule. They are just saying: Make us follow the
rule. You can't make us, so we are not going to follow it. We know it
is a rule--we voted for it, and it passed with enormous bipartisan
support. It is a rule of the Senate, but we just choose not to follow
it because we get too much advantage out of secret holds. Senate rules
don't really apply to us unless you can make us follow them.
That is a sad place for the Senate to be, if that is where we are on
this issue. But there are only two alternatives. The other one is that
they still have holds, but it is not a hold by the same Senator who had
the hold when the unanimous consent was asked for and, therefore, he
has, under the rule, relinquished his hold. But what he has done is
gone and found another Senator and gotten that other Senator to take up
the hold for him. That has been called a couple of things on the Senate
floor. It has been called the hold switcheroo.
For those of us who are prosecutors, it looks a lot like money
laundering. It is hold laundering. The person who has the real
principal and interest with the hold has gotten someone else to aid and
abet their scheme to interrupt the process of nominations and to
violate the rules by taking on the hold for them and allowing them to
dodge the rule. That is not a great way of doing business either.
So whether we have a direct and outright willful violation of the
Senate rules--massive violation of the Senate rules--or a scheme to
hold-launder--to get people to aid and abet you in your secret hold and
dodge the rule that way--neither is a great situation. So we need to
fix the rules so this cannot continue. But it is a sad reflection on
the use of the secret hold that we are in a circumstance now where the
only two possible sets of facts are those two. It just plain isn't
right.
If you are here as a Senator, you should follow the rules of the
Senate. If you are not prepared to do that, find something else to do.
There are plenty of people who would love to serve here. To find
another Senator to put a sham hold in to protect your hold so that you
can dodge this rule is, frankly, unscrupulous. That is something that,
if you could figure out who it was and you could get them in front of a
jury and make that case, oh boy. But we don't have the enforcement
mechanism. So we have to continue.
But let me tell you who I was going to be asking for. There are two
judges for the Fourth Circuit, Albert Diaz and James Wynn. They are a
Republican and a Democrat. They are paired for appointment. They
cleared the Judiciary Committee with only one opposing vote. One was
unanimous and the other was everybody but one. They have been on the
calendar now for weeks, and I would like to ask unanimous consent, but
I am informed that because there are no Senate Republicans in
Washington I am unable to do that right now. But they have been on the
calendar for many weeks and there is no reason for them not to be
confirmed.
The following judicial candidates, or nominees for a judgeship, are
also pending: Jon E. DeGuilo to be a U.S. district judge for the
Northern District of Indiana; Audrey Goldstein Fleissig to be a U.S.
district judge for the Eastern District of Missouri; Lucy Haeran Koh to
be a U.S. district judge for the Northern District of California; Tanya
Walton Pratt to be a U.S. district judge for the Southern District of
Indiana; Jane E. Magnus-Stinson to be a U.S. district judge for the
Southern District of Indiana; Brian Anthony Jackson to be a U.S.
district judge for the Middle District of Louisiana; Elizabeth Erny
Foote to be a U.S. district judge for the Western District of
Louisiana; Mark A. Goldsmith to be a U.S. district judge for the
Eastern District of Michigan; Marc T. Treadwill to be a U.S. district
judge for the Middle District of Georgia; Josephine Staton Tucker to be
a U.S. district judge for the Central District of California; Gary
Scott Feinerman to be a U.S. district judge for the Northern District
of Illinois; and Sharon Johnson Coleman to be a U.S. district judge for
the Northern District of Illinois.
All of these candidates are waiting. They are on the calendar, all
pending, all cleared with either unanimous or very strong votes out of
the Judiciary Committee, and all blocked. Yet I believe all are
supported by Republican

[[Page 7612]]

Senators from their home States. These are all district judges.
This is a judge who sits in a local district within a State. These
are not people who are setting national policy. These are people who
are handling local trials, local motions practice, local Federal court
litigation.
If you have the support of your two home Senators, and if you have
cleared the Judiciary Committee, that ought to be pretty simple. That
ought to be pretty simple. But they are being held, and they are being
held for a reason. They are being held because, if the Republicans can
force the Democrats to burn floor time, it takes floor time away from
the work we need to do to rebuild our economy. It takes floor time away
from the work we need to do to clean up Wall Street. It takes floor
time away from the bills we need to pass to fund our troops overseas.
It takes floor time away from our ability to do the work of governing.
It is obstruction, pure and simple.
Because there are only so many hours in a day, there are only so many
days in a week, and only so many weeks in a month, it is a zero sum
game. You take time and make us spend it on these judges, and it is
time we can't spend on floor work on the necessary legislation we have
to get through. That is why we see these strange votes where we have
cloture demanded and all that procedure; and then when the vote is
finally taken we have 98 to 0 or where we have had 100 to 0. Why go
through all that trouble when we end on a vote of 98 to 0 or 100 to 0?
It is because there are ulterior motives. It is to burn the floor time
of the Senate and to give the leader less and less time to accomplish
the things that we need to accomplish.
So I can go through many other names, but I will not do that now. I
will await the return of a Republican Member of the Senate to
Washington so that somebody can be on the floor of the Senate to either
object or not object to these nominees. I would hope at this point that
we will find they do not object. That would be consistent with the
rule.
If they have been on the calendar this long, if they have had their
unanimous consent objected to, if the 6 days have run and if nobody has
come up and actually said they have a hold on that person, then a
unanimous consent ought to pass. Under the rule, a unanimous consent
ought to pass. If it doesn't, it is a sign that they are either flatout
violating the rule or that they have done this hold laundering scheme
with a colleague to dodge out from under the rule. I think neither is
credible and we need to work our way through this process. So on the
next possible occasion, I will be doing that.
I thank the Presiding Officer for his courtesy and his time. I yield
the floor, and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

MORNING BUSINESS

Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the
Senate proceed to a period of morning business, with Senators permitted
to speak for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

MOTHER'S DAY

Mr. BYRD. Mr. President, this Sunday, May 9, is Mothers Day in the
United States.
Many European nations have long observed ``Mothering Sundays,'' which
are also part of the liturgical calendar in several Christian
denominations. Catholics observe Laetare Sunday, the fourth Sunday in
Lent, in honor of the Virgin Mary and the ``mother'' church. Some
historians believe the tradition of sending flowers on Mothers Day grew
out of the practice of allowing children who worked in large houses
that day off to visit their families. The children would pick
wildflowers to take to their mothers on their way home for the visit.
The ancient Greeks celebrated the Vernal Equinox with a springtime
festival devoted to Cybele, a mother of many Greek gods. The ancient
Romans dedicated the March holiday Matronalia to Juno, mother of the
gods, and gave gifts to mothers on that day.
In the United States, the origins of Mothers Day are rooted deep in
the West Virginia hills. Anna Jarvis, the daughter of Ann Maria Reeves
Jarvis, was born in Webster, WV, on May 1, 1864. Her family moved to
Grafton during her childhood. On May 12, 1907, 2 years after her
mother's death, Anna Jarvis held a memorial service to honor her
mother's memory. From that small event began Anna Jarvis' eventually
successful campaign to institute ``Mothers Day'' as a recognized U.S.
holiday.
Today, the International Mother's Day Shrine, located in Grafton,
continues to commemorate Anna Jarvis' accomplishment. Yet there are
mothers who will not receive cards or flowers, or enjoy a Mothers Day
brunch with their husbands and children. In Montcoal, WV, there are 29
families who are grieving the loss of sons, husbands, brothers, and
friends. The Nation grieves with them, but that is little comfort for
those mothers who will wake on the second Sunday in May to quiet houses
and silent phones. Mothers Day holds little comfort for the wives and
mothers who must now get on with raising children and paying bills
alone following this tragic event.
Mothers Day is a lonely day as well for the ``Gold Star'' mothers,
wives and families of soldiers lost to battle in Iraq and Afghanistan.
First used in World War I, service flags--a blue star on a white
background, surrounded by a red border--are hung to signify that the
family has a loved one overseas in harm's way. Should the awful news
arrive that their loved one had lost his or her life, a gold star
replaces the blue star, signaling the supreme sacrifice that has been
made.
Miners' mothers and soldiers' mothers, as well as the mothers of
anyone facing dangerous working conditions on a daily basis, know well
the constant stress and tension of having a dearly loved child in
harm's way. Every day is a long, silent, chanting prayer: ``Please,
God, keep my child safe and bring him home to me.''
Tragedy reminds us just how much mothers care, and how much their
children mean to them. This Mothers Day, we once again have an
opportunity to thank our mothers for that loving care, and to thank all
mothers for the great generosity of spirit that marks a caring mother.

____________________

TIMES SQUARE BOMBING ATTEMPT

Mr. REID. Mr. President, last weekend's close call is a wake-up call.
The attempt to bomb New York City's Times Square should remind us both
of the vigilance we must maintain to keep Americans safe, and the
triviality of political fingerpointing.
I first want to once again thank the men and women who helped avert
disaster--and saved untold lives--in one of America's most iconic and
crowded spaces. The system in place appears to be working as designed:
improved aviation security measures helped authorities apprehend the
subject as he attempted to flee, and the suspect is now reportedly
providing valuable information that could help disrupt and prevent
future attacks. I am confident he and anyone else who contributed to
this atrocious act will be held to account.
But I have been disappointed that some have tried to politicize this
attempted attack on our homeland. Let's use this opportunity to pursue
justice and make sure our law enforcement, military, and intelligence
services have every tool they need to do their jobs. Let's also be sure
we examine what worked and didn't so we can improve the system. But
let's not mistake it as an opportunity to score political points or
make baseless accusations that do nothing to ensure our citizens'
safety.
A thwarted terrorist attack in the heart of our Nation's most
populous

[[Page 7613]]

city reminds us that we have enough real enemies--we need not be our
own.
Let's also put this latest incident in context: It follows a
successful series of steps the administration has taken to protect us
here at home.
We have disrupted numerous terrorism plots and prosecuted dozens of
terrorist suspects, including the ringleader of a plan to bomb New York
City's subway system last year. Attorney General Holder called that
plot ``one of the most serious terrorist threats to our nation since
September 11th, 2001.'' That attack never happened; we cannot know how
many lives were saved, and our country is safer because of this
administration's swift and smart leadership.
Our Nation is also prosecuting David Headley, who is accused of
plotting with the Pakistani terrorist organization Lashkar-e-Taiba to
launch the devastating terrorist attacks in Mumbai in 2008, as well as
to carry out other plots in South Asia and Europe. Attorney General
Holder has credited the criminal justice system for achieving both a
guilty plea and valuable intelligence about terrorist activities from
Headley.
And earlier this year, the FBI disrupted an international network of
extremists operating through the Internet to plot attacks, raise
funding for terrorism and recruit new terrorists. Two Americans--
Colleen LaRose and Jamie Paulin-Ramirez, also known as Jihad Jane and
Jihad Jamie--were arrested along with six foreign co-conspirators. The
two Americans will soon be tried in Federal court.
That's not all. We have also enhanced intelligence sharing,
strengthened aviation security and boosted human-intelligence
collection capabilities. We have fully implemented the 9/11
Commission's recommendations. And we have significantly increased
funding for the FBI, the Defense Department, the Department of Homeland
Security and the intelligence community.
At the same time, we're keeping Americans safer at home by taking the
fight to terrorists abroad. In recent months we have helped kill or
capture the most wanted terrorist leaders across Iraq, southeast Asia,
Africa and the Afghanistan-Pakistan region. We have disrupted al-
Qaida's operations, finances and safe havens, and killed or captured
more than half of its top 20 leaders. It is widely agreed that al-Qaida
is the weakest it has been since 9/11.
We have also begun to reverse the Taliban's momentum in Afghanistan,
in part by tripling the number of U.S. troops there. And we have
strengthened our partnership with Pakistan, empowering it to mount
major offensives against terrorists within its borders.
I am praising the administration's vigilance not because the
President is a Democrat. I am praising it because it is, by any
objective measure, successful. America is as prepared as ever to defend
against any threat, domestic or foreign.
If, as this past weekend showed us, private citizens, street vendors,
law enforcement and intelligence officials can work together in
everyone's best interest, I would expect U.S. Senators to be able to do
the same.

____________________

COMMENDING CONGRESSMAN DAVID OBEY

Mr. FEINGOLD. Mr. President, we recently learned that David Obey, one
of the longest serving Members of the other body, a friend, and a
fellow member of the Wisconsin delegation, has decided to retire. To
come here and try to sum up his record and accomplishments isn't easy
to do; Congressman Obey has achieved so much for Wisconsin, and for
this Nation. He has been the dean of the Wisconsin delegation, the
chairman of the House Appropriations Committee, and a national leader
on many issues affecting hardworking families.
Congressman Obey understood the concerns of the people of the 7th
District of Wisconsin, and he has been their champion for more than 40
years. He and I are both so fortunate to represent this beautiful swath
of Wisconsin's north woods, including the magnificent Apostle Islands.
In fact, Congressman Obey and I worked together to protect the
Apostles, designating almost 80 percent of the Apostles as federally
protected wilderness.
That was just one of many ways that Congressman Obey and I worked
together. Recently, we were also proud to come together to honor our
friend, the late Gaylord Nelson, on the 40th anniversary of Earth Day.
And through the years, I have had the chance to work with Congressman
Obey in areas where he has shown tremendous leadership, including
advocating for veterans, farmers, and seniors.
Wisconsin veterans have a terrific ally in Congressman Obey, who has
stood up for better funding and facilities for our veterans time and
again. I have been so pleased to work with him to open new veterans'
health clinics, push for more vet centers, and fight for the best
possible care for those men and women who have sacrificed so much for
our country.
Congressman Obey has also worked tirelessly on behalf of the farmers
of our State. He has fought for country-of-origin labeling and other
issues critical to ginseng farmers, worked for emergency appropriations
funding for direct payments to help shore up the safety net for dairy
farmers in tough times, and pushed to create, extend and improve the
Milk Income Loss Contract, MILC, Program. Those are just a few of the
many things he has done for Wisconsin's farmers, and I was proud to
join him in those efforts.
He is also a determined advocate for our seniors, and was a critical
member of our effort to save the SeniorCare Program in both 2007 and
2009. Congressman Obey also has a long and distinguished record on a
host of other issues. He is committed to strengthening public
education, improving our health care system, and a longtime advocate
for political and congressional reforms.
There are so many things he has accomplished, and so many reasons he
will be missed. I want to take this opportunity to recognize
Congressman Obey's outstanding service in the other body. I wish him
all the best, and I thank him for his dedicated work for the people of
Wisconsin and for every American.

____________________

RECOVERY OF SNOWBOARDER KEVIN PEARCE

Mr. LEAHY. Mr. President, Kevin Pearce has been recognized as one of
the best athletes that Vermont has produced. Like all Vermonters,
Marcelle and I hold him in our prayers and thoughts after a devastating
snowboarding accident while preparing for the 2010 Winter Olympics.
We have heard reports from his parents, Simon and Pia, about his
recovery and like all Vermonters, and so many other Americans, we are
so thankful he is back home and progressing every day in his recovery.
I watched Kevin's interview with Tom Brokaw on ``The Today Show'' and
he discussed how well he was doing with Tom. I also wanted my fellow
Senators to see the article about him in The New York Times and ask
unanimous consent to have printed in the Record that article at the
completion of my remarks. I can only image how much Kevin enjoys being
home with his parents and his brothers and how much we all appreciate
his tremendous courage and abilities.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From the New York Times, May 3, 2010]

``No Place Like This for Soothing Care''

(By John Branch)

Norwich, VT.--The renovated barn next to the family house
was always one of Kevin Pearce's favorite places. There is a
skateboard ramp out back and a giant recreation room inside,
with three loftlike bedrooms above.
But Pearce, 22, did not move into the barn until he was a
teenager, and soon he was off to snowboarding schools and
then on the worldwide circuit. Home, and his room in the
barn, became just somewhere to get away for a day or two.
Now it is the ultimate destination.
More than four months after sustaining a traumatic brain
injury during a training accident, after missing the Olympics
and living in hospitals in Utah and Colorado, Pearce has
returned, indefinitely.

[[Page 7614]]

``It's the best thing ever,'' Pearce said Monday, sitting
on a living room sofa while holding hands with his mother,
Pia. Handwritten ``welcome home'' posters, balloons and
streamers hung about the house. ``There's nothing I could
think of that's any better than coming back home.''
And for a moment or two, it was easy to imagine that
nothing extraordinary had happened to Kevin Pearce at all. He
laughed with his family. He talked about snowboarding. He
discussed the Olympics. He smiled, big as ever.
``Things feel very normal to me,'' Pearce said.
The past few months, much of which Pearce does not
remember, have been anything but normal. On Dec. 31, Pearce,
a rising rival to Shaun White who was expected to make the
United States Olympic halfpipe team and compete for a medal,
fell and hit his head (he was wearing a helmet) while
practicing a trick in Park City, Utah.
A helicopter flew Pearce, unconscious, to the University of
Utah Hospital in nearby Salt Lake City. The front half of his
shoulder-length hair was shaved so the recesses of his brain
could be drained of fluid. His family was summoned
immediately. Painful questions about whether he would live
slowly gave way to uneasy ones about how his life would be.
This is how, for now. Pearce walks without assistance, a
little gingerly but sturdily enough to navigate the stairs to
the familiar bedroom in the barn. He looks a little different
now, too. His hair, after being shaved to one length, has
grown back to the top of his ears. He wears bold, dark-rimmed
Oakley Frogskin frames with prismlike lenses. The vision in
each eye is fine, but the eyes themselves are a bit out of
sync, not quite tracking together.
``My eyes are a little sketchy,'' he said. ``But they're
better than they used to be. They used to be scary blurry.''
Pearce says he does not remember the accident. He does not
remember much from the weeks before the injury, including
Christmas at home. He remembers nothing after the injury
until the first week of February, when he was flown from Utah
to Craig Hospital, a brain and spinal cord rehabilitation
center near Denver.
He does remember watching White win the Olympic gold medal.
Scotty Lago, a good friend of Pearce's who had had far less
big-event success, won bronze. It was tough, Pearce admitted.
But there is no memory of the moment when he learned just
how severe his injury was.
``I never felt sorry for myself,'' Pearce said. ``This is
kind of what I signed up for when I started snowboarding.''
He vows that he will snowboard again.
``Obviously, I won't be doing all the things I was doing,''
Pearce said. ``Hopefully, I can still do some of the
tricks.''
Pearce's promising comeback has not included a
recalculation of his long-range ambitions. His family is
consciously keeping him concentrated on the here and now.
``There is little use thinking about the past, what could
have been, or what may be in the future,'' Simon Pearce, his
father, said. ``He has stayed focused on the present moment.
And it feels like it is working.''
For months, Pearce has undergone rehabilitation and
therapy, both mental and physical, often for six or more
hours a day. More recently, he went to a Denver-area gym,
too, riding stationary bikes and playing basketball. He left
only after making at least 7 of 10 free throws. That sort of
therapy will continue at Dartmouth-Hitchcock Medical Center
in nearby Lebanon, N.H., and at a local athletic club.
Pearce's rehabilitation continues to focus on vision, balance
and memory.
Pearce cannot fully appreciate how far he has come, however
often he watches videos that his family shot of him in the
hospital in January. But his parents and three older
brothers--Andrew (28), Adam (25) and David (24)--are still
amazed.
That hit home when the traveling party--Kevin, Adam, their
parents and their snowboarding friend Jack Mitrani--arrived
at the airport in Boston. Pearce walked through the airport
and carried his own bag.
They arrived at the family home about 9 p.m. Saturday.
About 30 friends and family members greeted them with cheers,
hugs and a few tears.
On Sunday, after a short hike up Gile Mountain, the family
gathered for supper. It was a rare reunion. Simon and Pia
generally alternated trips out West. Andrew, a manager for
the glass-blowing company founded by Simon Pearce, went back
and forth, too. Adam left his job as a snowboarding
instructor in Utah and has barely left Kevin's side, even
moving back to the barn. (Among other things, Adam provided
updates on a get-well Facebook page for more than 48,000
fans.) David, who has Down syndrome and has long provided
perspective and inspiration, mostly stayed in Vermont and
worked for the family business.
But one horrific accident, and one celebratory homecoming,
brought them together again.
``Sitting at the table, for me, was a big thing,'' Pia
Pearce said. ```Wow, here we are, back at our round table,
sitting together.'''
On Monday afternoon, everything seemed normal. Kevin
Pearce, after taking a nap in his old bedroom in the barn,
was sitting in the grass out front with the snowboarder
Ellery Hollingsworth. The sun was shining. Pearce was
smiling.
Yes, it was good to be home. Awfully good.

____________________

ADDITIONAL STATEMENTS

______

50TH ANNIVERSARY OF THE DOSSIN GREAT LAKES MUSEUM

Mr. LEVIN. Mr. President, I am delighted to recognize the
Dossin Great Lakes Museum as it celebrates its 50th anniversary. This
institution has graced the shores of Belle Isle, MI, since 1960, when
the Dossin family generously helped to transform the deteriorating
Maritime Museum into an enduring tribute to the Great Lakes. For 50
years, the Dossin Great Lakes Museum has offered visitors from across
the state and beyond the opportunity to explore and experience
firsthand much of our State's 300-year maritime narrative.
Michigan's rich history is inextricably linked to the Great Lakes. In
fact, Michigan's name is derived from the Ojibwa word for ``large
water,'' a root that speaks to the lakes' defining influence on our
State's evolution. The lakes are integral to Michigan's social,
cultural, and economic character. Native American tribes established
trade routes through these inland seas, which European settlers, led by
the French, relied on to develop a thriving fur trade beginning in the
late 1600s. During the War of 1812, American and British soldiers
fought to wrest control over these precious waterways. Today, the Great
Lakes are a superhighway across which giant freighters glide. Some of
these great ships have become the stuff of maritime legend, such as the
famous Edmund Fitzgerald, whose tragic tale has captured the
imagination of Michiganians for generations.
The Dossin Great Lakes Museum is a lens through which visitors can
study and appreciate the tremendous importance of the Great Lakes. Its
permanent exhibits include the enormous bow anchor of the Edmund
Fitzgerald, the pilot house of the S.S. William Clay Ford, and one of
the largest known collections of scale model ships in the world.
Located on Belle Isle in the middle of the Detroit River, facing the
Canadian shore, the Dossin Great Lakes Museum devotes many of its
resources to explaining Detroit's prominent role in the rich
international history of the Great Lakes. The museum's dedicated staff
are committed to providing visitors with an exciting and educational
experience, and to ensuring that residents of Michigan and visitors to
our State continue to learn about the rich heritage of the Lakes.
For 50 years, this Detroit landmark has served an important role in
illustrating Michigan's enduring ties to the Great Lakes. It offers the
prospect of adventure and knowledge for those who walk through its
doors, and its exhibits tell stories that transport visitors through
three centuries of maritime history. I know my colleagues join me in
congratulating all those affiliated with the Dossin Great Lakes Museum
on its 50th anniversary and in wishing them the best for another 50
years of navigating the course of our history.

____________________

MESSAGES FROM THE PRESIDENT

Messages from the President of the United States were communicated to
the Senate by Mrs. Neiman, one of his secretaries.

____________________

EXECUTIVE MESSAGES REFERRED

As in executive session the Presiding Officer laid before the Senate
messages from the President of the United States submitting sundry
nominations and a withdrawal which were referred to the appropriate
committees.
(The nominations received today are printed at the end of the Senate
proceedings.)

____________________

MESSAGE FROM THE HOUSE

At 10:18 a.m., a message from the House of Representatives, delivered
by

[[Page 7615]]

Mr. Novotny, one of its reading clerks, announced that the House has
passed the following bill, in which it requests the concurrence of the
Senate:

H.R. 5019. An act to provide for the establishment of the
Home Star Retrofit Rebate Program, and for other purposes.

____________________

MEASURES REFERRED

The following bills were read the first and the second times by
unanimous consent, and referred as indicated:

H.R. 4899. An act making emergency supplemental
appropriations for disaster relief and summer jobs for the
fiscal year ending September 30, 2010, and for other
purposes; to the Committee on Appropriations.
H.R. 5019. An act to provide for the establishment of the
Home Star Retrofit Rebate Program, and for other purposes; to
the Committee on Finance.

____________________

INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

The following bills and joint resolutions were introduced, read the
first and second times by unanimous consent, and referred as indicated:

By Mr. LAUTENBERG (for himself, Mrs. Gillibrand, and
Mr. Brown of Ohio):
S. 3329. A bill to provide triple credits for renewable
energy on brownfields, and for other purposes; to the
Committee on Energy and Natural Resources.
By Mr. CASEY (for himself and Mr. Specter):
S. 3330. A bill to amend title 38, United States Code, to
make certain improvements in the administration of medical
facilities of the Department of Veterans Affairs, and for
other purposes; to the Committee on Veterans' Affairs.
By Mr. INOUYE (for himself, Mr. Begich, and Ms.
Murkowski):
S. 3331. A bill to establish a Native American Economic
Advisory Council, and for other purposes; to the Committee on
Indian Affairs.
By Mr. McCAIN (for himself and Mr. Kyl):
S. 3332. A bill to implement a comprehensive border
security plan to combat illegal immigration, drug and alien
smuggling, and violent activity along the southwest border of
the United States; to the Committee on Homeland Security and
Governmental Affairs.
By Mr. LEAHY (for himself and Mr. Rockefeller):
S. 3333. A bill to extend the statutory license for
secondary transmissions under title 17, United States Code,
and for other purposes; considered and passed.

____________________

SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:

By Ms. KLOBUCHAR (for herself and Mr. Thune):
S. Res. 515. A resolution designating the week beginning
May 2, 2010, as ``National Physical Education and Sport
Week''; considered and agreed to.
By Mrs. SHAHEEN (for herself and Mr. Dodd):
S. Res. 516. A resolution recognizing the contributions of
AmeriCorps members to the lives of the people of the United
States; considered and agreed to.
By Mr. LAUTENBERG (for himself, Mr. Rockefeller, Mrs.
Hutchison, Mr. Lieberman, Mr. Schumer, Mr. Durbin,
Mrs. Boxer, Mr. Carper, Mr. Dorgan, Mr. Wyden, Mr.
Burris, Mr. Bayh, and Mr. Udall of New Mexico):
S. Res. 517. A resolution in support and recognition of
National Train Day, May 8, 2010; considered and agreed to.
By Mr. THUNE (for himself, Mr. Casey, Mr. Johnson, and
Mr. Feingold):
S. Res. 518. A resolution designating the week beginning
May 9, 2010, as ``National Nursing Home Week''; considered
and agreed to.

____________________

ADDITIONAL COSPONSORS

S. 1012

At the request of Mr. Rockefeller, the name of the Senator from
Michigan (Ms. Stabenow) was added as a cosponsor of S. 1012, a bill to
require the Secretary of the Treasury to mint coins in commemoration of
the centennial of the establishment of Mother's Day.

S. 1275

At the request of Mr. Warner, the name of the Senator from Indiana
(Mr. Lugar) was added as a cosponsor of S. 1275, a bill to establish a
National Foundation on Physical Fitness and Sports to carry out
activities to support and supplement the mission of the President's
Council on Physical Fitness and Sports.

S. 1317

At the request of Mr. Lautenberg, the name of the Senator from
Illinois (Mr. Durbin) was added as a cosponsor of S. 1317, a bill to
increase public safety by permitting the Attorney General to deny the
transfer of firearms or the issuance of firearms and explosives
licenses to known or suspected dangerous terrorists.

S. 3141

At the request of Mr. Bingaman, the name of the Senator from Ohio
(Mr. Brown) was added as a cosponsor of S. 3141, a bill to amend the
Internal Revenue Code of 1986 to provide special rules for treatment of
low-income housing credits, and for other purposes.

S. 3288

At the request of Mr. Lautenberg, the name of the Senator from
Connecticut (Mr. Dodd) was added as a cosponsor of S. 3288, a bill to
amend the Internal Revenue Code to reduce tobacco smuggling, and for
other purposes.

S. 3302

At the request of Mr. Rockefeller, the name of the Senator from
Missouri (Mrs. McCaskill) was added as a cosponsor of S. 3302, a bill
to amend title 49, United States Code, to establish new automobile
safety standards, make better motor vehicle safety information
available to the National Highway Traffic Safety Administration and the
public, and for other purposes.

S. 3305

At the request of Mr. Menendez, the name of the Senator from Rhode
Island (Mr. Reed) was added as a cosponsor of S. 3305, a bill to amend
the Oil Pollution Act of 1990 to require oil polluters to pay the full
cost of oil spills, and for other purposes.

S. 3306

At the request of Mr. Menendez, the name of the Senator from Rhode
Island (Mr. Reed) was added as a cosponsor of S. 3306, a bill to amend
the Internal Revenue Code of 1986 to require polluters to pay the full
cost of oil spills, and for other purposes.

AMENDMENT NO. 3775

At the request of Mr. Wyden, the name of the Senator from Maine (Ms.
Collins) was added as a cosponsor of amendment No. 3775 intended to be
proposed to S. 3217, an original bill to promote the financial
stability of the United States by improving accountability and
transparency in the financial system, to end ``too big to fail'', to
protect the American taxpayer by ending bailouts, to protect consumers
from abusive financial services practices, and for other purposes.

AMENDMENT NO. 3808

At the request of Mr. Franken, the name of the Senator from
Mississippi (Mr. Wicker) was added as a cosponsor of amendment No. 3808
intended to be proposed to S. 3217, an original bill to promote the
financial stability of the United States by improving accountability
and transparency in the financial system, to end ``too big to fail'',
to protect the American taxpayer by ending bailouts, to protect
consumers from abusive financial services practices, and for other
purposes.

AMENDMENT NO. 3844

At the request of Mr. Brownback, the name of the Senator from
California (Mrs. Boxer) was added as a cosponsor of amendment No. 3844
intended to be proposed to S. 3217, an original bill to promote the
financial stability of the United States by improving accountability
and transparency in the financial system, to end ``too big to fail'',
to protect the American taxpayer by ending bailouts, to protect
consumers from abusive financial services practices, and for other
purposes.

____________________

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. INOUYE (for himself, Mr. Begich, and Ms. Murkowski):
S. 3331. A bill to establish a Native American Economic Advisory
Council, and for other purposes; to the Committee on Indian Affairs.
Mr. INOUYE. Mr. President, I rise to introduce a bill that would
establish a Native American Economic Advisory Council. This Council's
primary duties would be to consult, coordinate, and make
recommendations to Federal

[[Page 7616]]

agencies for the purpose of improving the substandard economic
conditions that exist in our Native communities.
Currently, there is no Council, and despite the federal government's
``trust'' relationship with Native American tribes, Native Americans
themselves continue to rank lowest in quality of life standings. As a
Nation we need to preserve our Native Communities; they are rich with
cultural significance and living history.
Native communities are considered ``emerging economies'' that have
stalled because of the current economic situation. This bill is an
attempt to keep these communities moving by educating, empowering, and
encouraging our future Native American leaders to create sustainable
economic growth programs in their own communities.
In Hawaii, the cost of living ranges from 30 percent to 60 percent
higher than the national average. We have to start planning for
economic stability in the future and this bill provides an opportunity
to do so. I look forward to working with my colleagues on reinvesting
in our Nation's future.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 3331

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Native American Economic
Advisory Council Act of 2010''.

SEC. 2. FINDINGS.

Congress finds--
(1) the United States has a special political and legal
relationship and responsibility to promote the welfare of the
Native American people of the United States;
(2) evaluations of indicators and criteria of social well-
being, education, health, unemployment, housing, income,
rates of poverty, justice systems, and nutrition by agencies
of government and others have consistently found that Native
American communities rank below other groups of United States
citizens and many are at or near the bottom in those
evaluations;
(3) Native Americans, like other people in the United
States, have been hit hard by the deepest recession of the
United States economy in over 50 years, causing a significant
decline in employment and economic activity across the United
States;
(4) Native American communities have been described as
``emerging economies'' and consequently have been stalled in
the efforts of the communities to build sustainable growing
economies for the people of the communities and are being
adversely affected faster than the rest of the United States;
(5) economic stimulus programs to help Native American
communities generate jobs and stronger economic performance
will require United States financial and tax incentives to
increase both local and expanded investment that is tailored
to the unique needs and circumstances of Native American
communities;
(6) the impacts of the ongoing recession and the near
collapse of the financial and banking systems require a
review of assumptions about the future, the need for new
growth strategies, and a focus on laying the groundwork for
economic success in the 21st century;
(7) there is a continuing need for direct economic
stimulus, including needs for improving rural infrastructure
and alternative energy in rural and Native American
communities of the United States and providing Native
Americans leaders with the tools to create jobs and improve
economic conditions;
(8) in light of the role of Native American communities as
emerging markets within the United States, there are
opportunities and needs that should be addressed, including
consideration of United States support for the pooling of
resources to create an Indigenous Sovereign Wealth Fund that
is similar to those Funds created around the world to
diversify revenue streams, attract more resources, invest
more wisely, and create jobs;
(9) Native Americans should be participants when major
economic decisions are made that affect the property, lives,
and future of Native Americans; and
(10) Native Americans should fully participate in
rebuilding Native American communities and have necessary
tools and resources.

SEC. 3. PURPOSE.

The purpose of this Act is to authorize and establish a
Native American Economic Advisory Council to consult,
coordinate with, and make recommendations to the Executive
Office of the President, Cabinet officers, and Federal
agencies--
(1) to improve the focus, effectiveness, and delivery of
Federal economic aid and development programs to Native
Americans and, as a result, improve substandard economic
conditions in Native American communities;
(2) to build and expand on the capacity of leaders in
Native American organizations and communities to take
positive and innovative steps--
(A) to create jobs;
(B) to establish stable and profitable business
enterprises;
(C) to enhance economic conditions; and
(D) to use Native American-owned resources for the benefit
of members; and
(3) to achieve the long-term goal of improving the quality
of Native American life and living conditions and access to
basic public services to the levels enjoyed by the average
citizen and community of the United States by the year 2025.

SEC. 4. ESTABLISHMENT OF NATIVE AMERICAN ECONOMIC ADVISORY
COUNCIL.

(a) In General.--There is established a Native American
Economic Advisory Council (referred to in this Act as the
``Council'') to advise and assist the Executive Office of the
President and Federal agencies to ensure that Native
Americans (including Native American members, communities and
organizations) have--
(1) the means and capacity to generate and benefit from
economic stimulus and growth; and
(2) fair access to, and reasonable opportunities to
participate in, Federal economic development and job growth
programs.
(b) Members.--
(1) In general.--The Council shall consist of 5 members
appointed by the President.
(2) Initial appointments.--Not later than 180 days after
the date of enactment of this Act, the President shall
appoint the initial members of the Council.
(3) Composition.--Of the members of the Council--
(A) 1 member shall be an Alaska Native;
(B) 1 member shall be a Hawaiian Native; and
(C) 3 members shall represent American Native groups and
organizations from other States.
(4) Chairperson.--The President shall designate 1 of the
members of the Council to serve as Chairperson.
(c) Experience.--Each member of the Council shall be a
Native American who, as a result of work experience,
training, and attainment, is well qualified--
(1) to identify, analyze, and understand the attributes and
background of successful business enterprises and economic
programs in Native American communities and cultures;
(2) to appraise the economic development programs and
activities of Federal agencies in the context of the goals
and purposes of this Act; and
(3) to recommend programs, policies, and needed program
modifications to improve access to and effectiveness in the
delivery of economic development programs in Native American
communities.
(d) Vacancies.--A vacancy on the Council--
(1) shall not affect the authority of the Commission; and
(2) shall be filled in the same manner as the initial
appointments to the Council.
(e) Expenses.--Each Member of the Council shall be allowed
travel expenses, including per diem in lieu of subsistence,
at the rate authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from the homes or regular places of business of
the employees in the performance of services for the Council.
(f) Staff.--
(1) In general.--The Council may, without regard to the
civil service laws (including regulations), appoint and
terminate an executive director and such other staff as are
necessary to enable the Council to perform the duties
required under this Act.
(2) Compensation.--
(A) In general.--Subject to subparagraph (B), the Council
may fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates.
(B) Maximum amount.--The rate of pay for the executive
director and other personnel of the Council shall not exceed
the rate payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(g) Detail of Employees.--
(1) In general.--An employee of the Federal Government may
be detailed to the Council without reimbursement.
(2) Civil service status.--The detail of an employee shall
be without interruption or loss of civil service status or
privilege.
(h) Temporary Services.--The Council may procure temporary
and intermittent services in accordance with section 3109(b)
of title 5, United States Code, at rates for individuals that
do not exceed the daily equivalent of the annual rate of
basic pay prescribed for level V of the Executive Schedule
under section 5316 of that title.
(i) Administrative Services.--The Secretary of Commerce
shall provide necessary office space and administrative
services for the Council (including staff of the Council).

[[Page 7617]]

SEC. 5. DUTIES.

(a) In General.--The Council shall advise and make
recommendations to Federal agencies on--
(1) proposing sustainable economic growth and poverty
reduction policies in a manner that promotes self-
determination, self-sufficiency, and independence in urban
and remote Native American communities while preserving the
traditional cultural values of those communities;
(2) ensuring that Native Americans (including Native
American communities and organizations) have equal access to
Federal economic aid, training, and assistance programs;
(3) developing economic growth strategies, finance, and tax
policies that will enable Native American organizations to
stimulate the local economies of Native Americans and create
meaningful new jobs in Native American communities;
(4) increasing the effectiveness of Federal programs to
address the economic, employment, medical, and social needs
of Native American communities;
(5) administering Federal economic development assistance
programs with an understanding of the unique needs of Native
American communities with the objectives of--
(A) making Native American leaders knowledgeable about best
business practices and successful economic and job growth
strategies;
(B) promoting investment and economic growth and reducing
unemployment and poverty in Native American communities;
(C) enhancing governance, entrepreneurship, and self-
determination in Native American communities; and
(D) fostering demonstrations of transformational changes in
economic conditions in remote Native American communities
through the use of innovative technology, targeted
investments, and the use of Native American-owned natural and
scenic resources;
(6) improving the effectiveness of economic development
assistance programs through the integration and coordination
of assistance to Native American communities;
(7) recommending educational and business training programs
for Native Americans that increase the capacity of Native
Americans for economic well-being and to further the purposes
of this Act; and
(8) initiating proposals, as needed, for fellowship and
mentoring programs to meet the economic development needs of
Native American communities.
(b) Additional Duties.--The Council shall--
(1) prepare a compilation of successful business
enterprises and joint ventures conducted by Native American
organizations, including tribal enterprises and the
commercial ventures of Native Corporations (as defined in
section 102 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3102)) in the State of Alaska;
and
(2) periodically sponsor and arrange conferences and
training workshops on Native American business activities,
including providing mentors, resource people, and speakers to
address financing, management, marketing, resource
development, and best business practices in Native American
business enterprises.

SEC. 6. ASSESSMENT OF IMPACTS OF LEGISLATIVE PROPOSALS ON
NATIVE AMERICAN ECONOMIC PROSPECTS AND
OPPORTUNITY.

In preparing and communicating the comments and
recommendations of the President on proposed legislation to
committees and leadership of Congress, the Director of the
Office of Management and Budget and the head of a Federal
agency shall include an assessment of the impacts of the
proposed legislation on the economic and employment prospects
and opportunities provided in the proposed legislation to
improve the quality of living conditions of Native American
communities, organizations, and members to the levels enjoyed
by most people of the United States.

SEC. 7. REPORTS.

The Council shall--
(1) prepare periodic reports on the activities of the
Council; and
(2) make the reports available to--
(A) Native American communities, organizations, and
members;
(B) the General Services Administration;
(C) the Office of Management and Budget;
(D) the Domestic Policy Council;
(E) the National Economic Council;
(F) the Council of Economic Advisers;
(G) the Secretary of the Treasury;
(H) the Secretary of Commerce;
(I) the Secretary of Labor;
(J) the Secretary of the Interior;
(K) the Secretary of Energy; and
(L) members of the public.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this
Act such sums as are necessary.

____________________

SUBMITTED RESOLUTIONS

______

SENATE RESOLUTION 515--DESIGNATING THE WEEK BEGINNING MAY 2, 2010, AS
``NATIONAL PHYSICAL EDUCATION AND SPORT WEEK''

Ms. KLOBUCHAR (for herself and Mr. Thune) submitted the following
resolution; which was considered and agreed to:

S. Res. 515

Whereas the week beginning May 2, 2010, is observed as
National Physical Education and Sport Week;
Whereas a decline in physical activity has contributed to
an unprecedented epidemic of childhood obesity in the United
States, which has more than tripled since 1980;
Whereas regular physical activity is necessary to support
normal and healthy growth in children and is essential to
their continued health and well-being;
Whereas, according to the Centers for Disease Control and
Prevention, overweight adolescents have a 70 to 80 percent
chance of becoming overweight adults, increasing their risk
for chronic disease, disability, and death;
Whereas physical activity reduces the risk of heart
disease, high blood pressure, diabetes, and certain types of
cancers;
Whereas type 2 diabetes can no longer be referred to as
``late in life'' or ``adult onset'' diabetes because it
occurs in children as young as 10 years old;
Whereas the Physical Activity Guidelines for Americans,
published by the Department of Health and Human Services,
recommend that children engage in at least 60 minutes of
physical activity on most, and preferably all, days of the
week;
Whereas, according to the Centers for Disease Control and
Prevention, only 17 percent of high school students meet that
goal of 60 minutes of physical activity a day;
Whereas children spend many of their waking hours at school
and therefore need to be active during the school day to meet
the recommendations of the Physical Activity Guidelines for
Americans;
Whereas, according to the Centers for Disease Control and
Prevention, 1 in 4 children in the United States does not
attend any school physical education classes and fewer than 1
in 4 children in the United States engage in 20 minutes of
vigorous physical activity each day;
Whereas teaching children about physical activity and
sports not only ensures that they are physically active
during the school day, but also educates them on how to be
physically active and the importance of being physically
active;
Whereas, according to a 2006 survey by the Department of
Health and Human Services, 3.8 percent of elementary schools,
7.9 percent of middle schools, and 2.1 percent of high
schools provide daily physical education classes or the
equivalent for the entire school year, and 22 percent of
schools do not require students to take any physical
education classes at all;
Whereas, according to that survey, 13.7 percent of
elementary schools, 15.2 percent of middle schools, and 3.0
percent of high schools provided physical education at least
3 days per week, or the equivalent thereof, for the entire
school year for students in all grades in the school;
Whereas research shows that fit and active children are
more likely to thrive academically;
Whereas increased time in physical education classes can
improve children's attention and concentration and result in
higher test scores;
Whereas participation in sports teams and physical activity
clubs, which are often organized by schools and run outside
the regular school day, can improve students' grade point
averages, attachment to schools, educational aspirations, and
the likelihood of graduating;
Whereas participation in sports and other physical
activities also improves self-esteem and body image in
children and adults;
Whereas children and youth who take part in physical
activity and sports programs develop improved motor skills,
healthy lifestyles, improved social skills, a sense of fair
play, strong teamwork skills, and self-discipline and avoid
risky behaviors;
Whereas the social and environmental factors affecting
children are in the control of the adults and the communities
in which children live, and therefore the Nation shares a
collective responsibility in reversing the childhood obesity
trend;
Whereas efforts to improve the fitness level of children
who are not physically fit may also result in improvements in
academic performance; and
Whereas the Senate strongly supports efforts to increase
physical activity and participation of youth in sports: Now,
therefore, be it
Resolved, That the Senate--
(1) designates the week beginning May 2, 2010, as
``National Physical Education and Sport Week'';
(2) recognizes the central role of physical education and
sports in creating healthy lifestyles for all children and
youth;
(3) encourages school districts to implement local wellness
policies, as described in section 204 of the Child Nutrition
and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note),
that include ambitious goals for physical education, physical
activity, and other

[[Page 7618]]

activities addressing the childhood obesity epidemic and
promoting child wellness; and
(4) encourages schools to offer physical education classes
to students and to work with community partners to provide
opportunities and safe spaces for physical activities before
and after school and during the summer months for all
children and youth.

____________________

SENATE RESOLUTION 516--RECOGNIZING THE CONTRIBUTIONS OF AMERICORPS
MEMBERS TO THE LIVES OF THE PEOPLE OF THE UNITED STATES

Mrs. SHAHEEN (for herself and Mr. Dodd) submitted the following
resolution; which was considered and agreed to:

S. Res. 516

Whereas, since its inception in 1994, the AmeriCorps
national service program has proven to be a highly effective
way to engage the people of the United States in meeting a
wide range of local and national needs and promoting the
ethic of service and volunteering;
Whereas, each year, AmeriCorps provides opportunities for
approximately 85,000 individuals across the United States to
give back in an intensive way to their communities, their
States, and the Nation;
Whereas those individuals improve the lives of the Nation's
most vulnerable citizens, protect the environment, contribute
to public safety, respond to disasters, and strengthen the
educational system;
Whereas AmeriCorps members serve thousands of nonprofit
organizations, schools, and faith-based and community
organizations each year;
Whereas AmeriCorps members, after their terms of service
end, are more likely to remain engaged in their communities
as volunteers, teachers, and nonprofit professionals than the
average individual;
Whereas, on April 21, 2009, President Barack Obama signed
the Serve America Act (Public Law 111-13; 123 Stat. 1460)
into law, which was passed by bipartisan majorities in both
the House of Representatives and the Senate and reauthorized
AmeriCorps and will expand AmeriCorps programs to incorporate
250,000 members each year;
Whereas national service programs have engaged millions of
people in the United States in results-driven service in the
Nation's most vulnerable communities, providing hope and help
to people facing economic and social needs;
Whereas, in 2010, as the economic downturn puts millions of
people in the United States at risk, national service and
volunteering are more important than ever; and
Whereas AmeriCorps Week, observed in 2010 from May 8
through May 15, provides the perfect opportunity for
AmeriCorps members, alumni, grantees, program partners, and
friends to shine a spotlight on the work done by AmeriCorps
members and to motivate more people in the United States to
serve their communities: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the contributions of AmeriCorps members to
the lives of the people of the United States;
(2) acknowledges the significant accomplishments of
AmeriCorps members, alumni, and community partners; and
(3) encourages the people of the United States to join in a
national effort to salute AmeriCorps members and alumni and
raise awareness about the importance of national and
community service.

____________________

SENATE RESOLUTION 517--IN SUPPORT AND RECOGNITION OF NATIONAL TRAIN
DAY, MAY 8, 2010

Mr. LAUTENBERG (for himself, Mr. Rockefeller, Mrs. Hutchison, Mr.
Lieberman, Mr. Schumer, Mr. Durbin, Mrs. Boxer, Mr. Carper, Mr. Dorgan,
Mr. Wyden, Mr. Burris, Mr. Bayh, and Mr. Udall of New Mexico) submitted
the following resolution; which was considered and agreed to:

S. Res. 517

Whereas on May 10, 1869, the ``golden spike'' was driven
into the final tie at Promontory Summit, Utah, to join the
Central Pacific and the Union Pacific Railroads, ceremonially
completing the first transcontinental railroad and therefore
connecting both coasts of the United States;
Whereas in highly populated regions Amtrak trains and
infrastructure carry intercity passengers and commuters to
and from work in congested metropolitan areas, providing a
reliable rail option while reducing congestion on roads and
in the skies;
Whereas Amtrak ridership in Fiscal Year 2009 reached 27.1
million passengers from 46 states;
Whereas, for many rural Americans, Amtrak represents the
only major intercity transportation link to the rest of the
country;
Whereas passenger rail provides a fuel-efficient
transportation system, thereby providing clean transportation
alternatives and energy security;
Whereas, when combined with all modes of transportation,
passenger railroads emit only 0.2 percent of the travel
industry's total greenhouse gases and one freight train can
move a ton of freight 480 miles on one gallon of fuel;
Whereas developing this pipeline of national high-speed and
intercity passenger rail projects will revitalize the
domestic manufacturing industry and create additional
American jobs building on the one million good-paying,
middle-class-creating American jobs that can never be off-
shored that are already supported by the rail industry;
Whereas ridership on Amtrak grew every year from 2000
through 2008, and is currently on track for 2010 to be its
best ridership year ever, further demonstrating the increased
demand for intercity passenger rail services; and
Whereas our railroad system is a source of civic pride, the
gateway to our communities and a tool for economic growth
that creates transportation-oriented development and livable
communities: Now, therefore, be it
Resolved, That the Senate supports the goals and ideals of
National Train Day, as designated by Amtrak.

____________________

SENATE RESOLUTION 518--DESIGNATING THE WEEK BEGINNING MAY 9, 2010, AS
``NATIONAL NURSING HOME WEEK''

Mr. THUNE (for himself, Mr. Casey, Mr. Johnson, and Mr. Feingold)
submitted the following resolution; which was considered and agreed to:

S. Res. 518

Whereas more than 1,500,000 elderly and disabled
individuals live in the nearly 16,000 nursing facilities in
the United States;
Whereas the annual celebration of National Nursing Home
Week invites people in communities nationwide to recognize
nursing home residents and staff for their contributions to
their communities;
Whereas the theme for National Nursing Home Week in 2010 is
``Enriching Every Day'', honoring caregivers who are
``enriching every day'' for elderly and disabled individuals,
adding value to their lives and helping them to overcome many
of the infirmities of age and disability;
Whereas nursing homes are intimate communities where acts
of caring, kindness, and respect are the norm;
Whereas, when the positive bond that naturally develops
between patients and their caregivers is established,
patients experience not only better physical care and
healing, but also enrichment of the mind, heart, and spirit
and an affirmation of their value; and
Whereas National Nursing Home Week recognizes the people
who provide care to the Nation's most vulnerable population:
Now, therefore, be it
Resolved, That the Senate--
(1) designates the week beginning May 9, 2010, as
``National Nursing Home Week'';
(2) recognizes that a majority of people in the United
States, because of social needs, disability, trauma, or
illness, will require long-term care services at some point
in their lives;
(3) honors nursing home residents and the people who care
for them each day, including family members, volunteers, and
dedicated long-term care professionals, for their
contributions to their communities and the United States; and
(4) encourages the people of the United States to observe
National Nursing Home Week with appropriate ceremonies and
activities.

____________________

AMENDMENTS SUBMITTED AND PROPOSED

SA 3910. Mr. PRYOR submitted an amendment intended to be
proposed to amendment SA 3739 proposed by Mr. Reid (for Mr.
Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217, to
promote the financial stability of the United States by
improving accountability and transparency in the financial
system, to end ``too big to fail'', to protect the American
taxpayer by ending bailouts, to protect consumers from
abusive financial services practices, and for other purposes;
which was ordered to lie on the table.
SA 3911. Mr. CASEY submitted an amendment intended to be
proposed to amendment SA 3739 proposed by Mr. Reid (for Mr.
Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217,
supra; which was ordered to lie on the table.
SA 3912. Mr. WHITEHOUSE (for Ms. Cantwell) proposed an
amendment to the bill H.R. 3619, to authorize appropriations
for the Coast Guard for fiscal year 2010, and for other
purposes.
SA 3913. Mr. WHITEHOUSE (for Mr. Gregg) proposed an
amendment to the resolution S. Res. 480, condemning the
continued detention of Burmese democracy leader Daw Aung San
Suu Kyi and calling on the military regime in Burma to permit
a credible and fair election process and the transition to
civilian, democratic rule.
SA 3914. Mr. CHAMBLISS submitted an amendment intended to
be proposed to

[[Page 7619]]

amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for
himself and Mrs. Lincoln)) to the bill S. 3217, to promote
the financial stability of the United States by improving
accountability and transparency in the financial system, to
end ``too big to fail'', to protect the American taxpayer by
ending bailouts, to protect consumers from abusive financial
services practices, and for other purposes; which was ordered
to lie on the table.
SA 3915. Mr. CHAMBLISS submitted an amendment intended to
be proposed to amendment SA 3739 proposed by Mr. Reid (for
Mr. Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217,
supra; which was ordered to lie on the table.
SA 3916. Mr. CHAMBLISS submitted an amendment intended to
be proposed to amendment SA 3739 proposed by Mr. Reid (for
Mr. Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217,
supra; which was ordered to lie on the table.
SA 3917. Mr. CHAMBLISS submitted an amendment intended to
be proposed to amendment SA 3739 proposed by Mr. Reid (for
Mr. Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217,
supra; which was ordered to lie on the table.
SA 3918. Ms. SNOWE (for herself and Ms. Landrieu) submitted
an amendment intended to be proposed to amendment SA 3739
proposed by Mr. Reid (for Mr. Dodd (for himself and Mrs.
Lincoln)) to the bill S. 3217, supra; which was ordered to
lie on the table.
SA 3919. Mr. CONRAD (for himself, Mr. Crapo, Mr. Barrasso,
Mr. Kerry, Mr. Brown of Massachusetts, Ms. Snowe, Ms.
Landrieu, Mr. Dorgan, Mr. Roberts, Mr. Enzi, Mrs. McCaskill,
Ms. Collins, Ms. Cantwell, and Mrs. Murray) submitted an
amendment intended to be proposed to amendment SA 3739
proposed by Mr. Reid (for Mr. Dodd (for himself and Mrs.
Lincoln)) to the bill S. 3217, supra; which was ordered to
lie on the table.
SA 3920. Mr. HARKIN (for himself, Mr. Grassley, Mr. Nelson
of Nebraska, Mr. Johanns, and Mr. Leahy) submitted an
amendment intended to be proposed by him to the bill S. 3217,
supra; which was ordered to lie on the table.
SA 3921. Mr. BROWNBACK submitted an amendment intended to
be proposed to amendment SA 3739 proposed by Mr. Reid (for
Mr. Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217,
supra; which was ordered to lie on the table.

____________________

TEXT OF AMENDMENTS

On page 1013, line 18, strike ``and'' and all that follows
through line 20 and insert the following:
``(ii) a description of any internal review of rating
procedures and methodologies conducted by the nationally
recognized statistical rating organization; and
``(iii) an evaluation of how well the nationally recognized
statistical rating organization adheres to the rating
procedures and methodologies of the nationally recognized
statistical rating organization;
``(iv) a narrative response agreeing or disagreeing with
the results of the most recent annual examination of the
nationally recognized statistical rating organization carried
out by the Commission under subsection (p)(3); and
``(v) a certification that the report is accurate and
complete.
On page 1016, line 18, strike ``and'' and all that follows
through line 23 and insert the following:
``(viii) the policies of the nationally recognized
statistical rating organization governing the post-employment
activities of former staff of the nationally recognized
statistical rating organization; and
``(ix) whether the nationally recognized statistical rating
organization fully complies with the public disclosure
requirements under this section regarding rating procedures
and methodologies.
______

SA 3911. Mr. CASEY submitted an amendment intended to be proposed to
amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself and
Mrs. Lincoln)) to the bill S. 3217, to promote the financial stability
of the United States by improving accountability and transparency in
the financial system, to end ``too big to fail'', to protect the
American taxpayer by ending bailouts, to protect consumers from abusive
financial services practices, and for other purposes; which was ordered
to lie on the table; as follows:

On page 40, between lines 12 and 13, insert the following:
(5) Disclosure of reasons for determination.--
(A) Statement.--Following an affirmative determination by
the Council with respect to any nonbank financial company
that is registered pursuant to the Investment Company Act of
1940, the primary financial regulatory agency may request the
Council to provide a detailed statement of--
(i) reasons for the determination by the Council that
material financial distress at that particular company would
pose a threat to the financial stability of the United
States; and
(ii) why prudential regulation by the primary financial
regulatory agency would be inadequate to prevent such a
threat.
(B) Requests for reconsideration.--If the primary financial
regulatory agency disagrees with the detailed statement of
reasons provided under subparagraph (A), the agency may
request the Council to reconsider its determination, or may
propose its own prudential standards to address the concerns
identified in the statement of reasons in lieu of prudential
standards imposed by the Board of Governors, which prudential
standards the Council shall accept, unless it determines, by
a vote of not fewer than 2/3 of the members then serving,
including an affirmative vote by the Chairperson, that such
prudential standards would be inadequate to prevent such a
threat.
On page 40, line 23, insert after ``company,'' the
following: ``including all procedures under subsection
(e)(5),''.
______

SA 3912. Mr. WHITEHOUSE (for Ms. Cantwell) proposed an amendment to
the bill H.R. 3619, to authorize appropriations for the Coast Guard for
fiscal year 2010, and for other purposes; as follows:

Strike out all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Coast Guard Authorization
Act for Fiscal Years 2010 and 2011''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I--AUTHORIZATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.

TITLE II--ADMINISTRATION

Sec. 201. Authority to distribute funds through grants, cooperative
agreements, and contracts to maritime authorities and
organizations.
Sec. 202. Assistance to foreign governments and maritime authorities.
Sec. 203. Cooperative agreements for industrial activities.
Sec. 204. Defining Coast Guard vessels and aircraft.

TITLE III--ORGANIZATION

Sec. 301. Vice commandant; vice admirals.
Sec. 302. Number and distribution of commissioned officers on the
active duty promotion list.

TITLE IV--PERSONNEL

Sec. 401. Leave retention authority.
Sec. 402. Legal assistance for Coast Guard reservists.
Sec. 403. Reimbursement for certain medical related expenses.
Sec. 404. Reserve commissioned warrant officer to lieutenant program.
Sec. 405. Enhanced status quo officer promotion system.
Sec. 406. Appointment of civilian Coast Guard judges.
Sec. 407. Coast Guard participation in the Armed Forces Retirement Home
system.
Sec. 408. Crew wages on passenger vessels.
Sec. 409. Protection and fair treatment of seafarers.

TITLE V--ACQUISITION REFORM

Sec. 501. Chief Acquisition Officer.
Sec. 502. Acquisitions.

``CHAPTER 15--ACQUISITIONS

``Subchapter 1--General Provisions

``Sec.
``561. Acquisition directorate
``562. Senior acquisition leadership team
``563. Improvements in Coast Guard acquisition management
``564. Recognition of Coast Guard personnel for excellence in
acquisition
``565. Prohibition on use of lead systems integrators
``566. Required contract terms
``567. Department of Defense consultation
``568. Undefinitized contractual actions

``Subchapter 2--Improved Acquisition Process and Procedures

``Sec.
``571. Identification of major system acquisitions

[[Page 7620]]

``572. Acquisition
``573. Preliminary development and demonstration
``574. Acquisition, production, deployment, and support
``575. Acquisition program baseline breach

``Subchapter 3--Definitions

``Sec.
``581. Definitions''

Sec. 503. Report and guidance on excess pass-through charges.

TITLE VI--SHIPPING AND NAVIGATION

Sec. 601. Technical amendments to chapter 313 of title 46, United
States Code.
Sec. 602. Clarification of rulemaking authority.
Sec. 603. Icebreakers.
Sec. 604. Phaseout of vessels supporting oil and gas development.

TITLE VII--VESSEL CONVEYANCE

Sec. 701. Short title.
Sec. 702. Conveyance of Coast Guard vessels for public purposes.

TITLE VIII--OIL POLLUTION PREVENTION

Sec. 801. Rulemakings.
Sec. 802. Oil transfers from vessels.
Sec. 803. Improvements to reduce human error and near miss incidents.
Sec. 804. Olympic coast national marine sanctuary.
Sec. 805. Prevention of small oil spills.
Sec. 806. Improved coordination with tribal governments.
Sec. 807. Report on availability of technology to detect the loss of
oil.
Sec. 808. Use of oil spill liability trust fund.
Sec. 809. International efforts on enforcement.
Sec. 810. Higher volume port area regulatory definition change.
Sec. 811. Tug escorts for laden oil tankers.
Sec. 812. Extension of financial responsibility.
Sec. 813. Oil spill liability trust fund investment amount.
Sec. 814. Liability for use of single-hull vessels.

TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Vessel determination.
Sec. 902. Conveyance of the Presque Isle Light Station Fresnel Lens to
Presque Isle Township, Michigan.
Sec. 903. Land conveyance, Coast Guard property in Marquette County,
Michigan, to the city of Marquette, Michigan.
Sec. 904. Offshore supply vessels.
Sec. 905. Assessment of certain aids to navigation and traffic flow.
Sec. 906. Alternative licensing program for operators of uninspected
passenger vessels on Lake Texoma in Texas and Oklahoma.

TITLE X--BUDGETARY EFFECTS

Sec. 1001. Budgetary effects.

TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are authorized to be appropriated for necessary
expenses of the Coast Guard for each of fiscal years 2010 and
2011 as follows:
(1) For the operation and maintenance of the Coast Guard,
$6,556,188,000, of which $24,500,000 is authorized to be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990.
(2) For the acquisition, construction, renovation, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment
related thereto, $1,383,980,000, of which $20,000,000 shall
be derived from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990, to remain available until expended; such funds
appropriated for personnel compensation and benefits and
related costs of acquisition, construction, and improvements
shall be available for procurement of services necessary to
carry out the Integrated Deepwater Systems program.
(3) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,361,245,000.
(4) For environmental compliance and restoration functions
under chapter 19 of title 14, United States Code,
$13,198,000.
(5) For research, development, test, and evaluation
programs related to maritime technology, $19,745,000.
(6) For operation and maintenance of the Coast Guard
reserve program, $133,632,000.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.

(a) Active Duty Strength.--The Coast Guard is authorized an
end-of-year strength of active duty personnel of 49,954 as of
September 30, 2010, and 52,452 as of September 30, 2011.
(b) Military Training Student Loads.--The Coast Guard is
authorized average military training student loads as
follows:
(1) For recruit and special training, 2,500 student years
for fiscal year 2010, and 2,625 student years for fiscal year
2011.
(2) For flight training, 170 student years for fiscal year
2010 and 179 student years for fiscal year 2011.
(3) For professional training in military and civilian
institutions, 350 student years for fiscal year 2010 and 368
student years for fiscal year 2011.
(4) For officer acquisition, 1,300 student years for fiscal
year 2010 and 1,365 student years for fiscal year 2011.

TITLE II--ADMINISTRATION

SEC. 201. AUTHORITY TO DISTRIBUTE FUNDS THROUGH GRANTS,
COOPERATIVE AGREEMENTS, AND CONTRACTS TO
MARITIME AUTHORITIES AND ORGANIZATIONS.

Section 149 of title 14, United States Code, is amended by
adding at the end the following:
``(c) Grants to International Maritime Organizations.--The
Commandant may, after consultation with the Secretary of
State, make grants to, or enter into cooperative agreements,
contracts, or other agreements with, international maritime
organizations for the purpose of acquiring information or
data about merchant vessel inspections, security, safety and
environmental requirements, classification, and port state or
flag state law enforcement or oversight.''.

SEC. 202. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME
AUTHORITIES.

Section 149 of title 14, United States Code, as amended by
section 201, is further amended by adding at the end the
following:
``(d) Authorized Activities.--
``(1) The Commandant may transfer or expend funds from any
appropriation available to the Coast Guard for--
``(A) the activities of traveling contact teams, including
any transportation expense, translation services expense, or
administrative expense that is related to such activities;
``(B) the activities of maritime authority liaison teams of
foreign governments making reciprocal visits to Coast Guard
units, including any transportation expense, translation
services expense, or administrative expense that is related
to such activities;
``(C) seminars and conferences involving members of
maritime authorities of foreign governments;
``(D) distribution of publications pertinent to engagement
with maritime authorities of foreign governments; and
``(E) personnel expenses for Coast Guard civilian and
military personnel to the extent that those expenses relate
to participation in an activity described in subparagraph (C)
or (D).
``(2) An activity may not be conducted under this
subsection with a foreign country unless the Secretary of
State approves the conduct of such activity in that foreign
country.''.

SEC. 203. COOPERATIVE AGREEMENTS FOR INDUSTRIAL ACTIVITIES.

Section 151 of title 14, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``All
orders''; and
(2) by adding at the end the following:
``(b) Orders and Agreements for Industrial Activities.--
Under this section, the Coast Guard industrial activities may
accept orders and enter into reimbursable agreements with
establishments, agencies, and departments of the Department
of Defense and the Department of Homeland Security.''.

SEC. 204. DEFINING COAST GUARD VESSELS AND AIRCRAFT.

(a) In General.--Chapter 17 of title 14, United States
Code, is amended by inserting after section 638 the following
new section:

``Sec. 638a. Coast Guard vessels and aircraft defined

``For the purposes of sections 637 and 638 of this title,
the term Coast Guard vessels and aircraft means--
``(1) any vessel or aircraft owned, leased, transferred to,
or operated by the Coast Guard and under the command of a
Coast Guard member; or
``(2) any other vessel or aircraft under the tactical
control of the Coast Guard on which one or more members of
the Coast Guard are assigned and conducting Coast Guard
missions.''.
(b) Clerical Amendment.--The table of contents for chapter
17 of such title is amended by inserting after the item
relating to section 638 the following:

``638a. Coast Guard vessels and aircraft defined.''.

TITLE III--ORGANIZATION

SEC. 301. VICE COMMANDANT; VICE ADMIRALS.

(a) Vice Commandant.--
(1) Section 41 of title 14, United States Code, is amended
by striking ``an admiral,'' and inserting ``admirals,''.
(2) The fourth sentence of section 47 of title 14, United
States Code, is amended by striking ``vice admiral'' and
inserting ``admiral''.
(b) Vice Admirals.--Section 50 of such title is amended to
read as follows:

``Sec. 50. Vice admirals

``(a)(1) The President may designate no more than 4
positions of importance and responsibility that shall be held
by officers who--
``(A) while so serving, shall have the grade of vice
admiral, with the pay and allowances of that grade; and

[[Page 7621]]

``(B) shall perform such duties as the Commandant may
prescribe.
``(2) The President may appoint, by and with the advice and
consent of the Senate, and reappoint, by and with the advice
and consent of the Senate, to any such position an officer of
the Coast Guard who is serving on active duty above the grade
of captain. The Commandant shall make recommendations for
such appointments.
``(b)(1) The appointment and the grade of vice admiral
shall be effective on the date the officer assumes that duty
and, except as provided in paragraph (2) of this subsection
or in section 51(d) of this title, shall terminate on the
date the officer is detached from that duty.
``(2) An officer who is appointed to a position designated
under subsection (a) shall continue to hold the grade of vice
admiral--
``(A) while under orders transferring the officer to
another position designated under subsection (a), beginning
on the date the officer is detached from that duty and
terminating on the date before the day the officer assumes
the subsequent duty, but not for more than 60 days;
``(B) while hospitalized, beginning on the day of the
hospitalization and ending on the day the officer is
discharged from the hospital, but not for more than 180 days;
and
``(C) while awaiting retirement, beginning on the date the
officer is detached from duty and ending on the day before
the officer's retirement, but not for more than 60 days.
``(c)(1) An appointment of an officer under subsection (a)
does not vacate the permanent grade held by the officer.
``(2) An officer serving in a grade above rear admiral who
holds the permanent grade of rear admiral (lower half) shall
be considered for promotion to the permanent grade of rear
admiral as if the officer was serving in the officer's
permanent grade.
``(d) Whenever a vacancy occurs in a position designated
under subsection (a), the Commandant shall inform the
President of the qualifications needed by an officer serving
in that position or office to carry out effectively the
duties and responsibilities of that position or office.''.
(c) Repeal.--Section 50a of such title is repealed.
(d) Conforming Amendments.--Section 51 of such title is
amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) An officer, other than the Commandant, who, while
serving in the grade of admiral or vice admiral, is retired
for physical disability shall be placed on the retired list
with the highest grade in which that officer served.
``(b) An officer, other than the Commandant, who is retired
while serving in the grade of admiral or vice admiral, or
who, after serving at least 2\1/2\ years in the grade of
admiral or vice admiral, is retired while serving in a lower
grade, may in the discretion of the President, be retired
with the highest grade in which that officer served.
``(c) An officer, other than the Commandant, who, after
serving less than 2\1/2\ years in the grade of admiral or
vice admiral, is retired while serving in a lower grade,
shall be retired in his permanent grade.''; and
(2) by striking ``Area Commander, or Chief of Staff'' in
subsection (d)(2) and inserting ``or Vice Admiral''.
(e) Continuity of Grade.--Section 52 of title 14, United
States Code, is amended by inserting ``or admiral'' after
``vice admiral'' the first place it appears.
(f) Continuation on Active Duty.--The second sentence of
section 290(a) of title 14, United States Code, is amended to
read as follows: ``Officers, other than the Commandant,
serving for the time being or who have served in the grade of
vice admiral or admiral are not subject to consideration for
continuation under this subsection, and as to all other
provisions of this section shall be considered as having been
continued at the grade of rear admiral.''.
(g) Clerical Amendments.--
(1) The section caption for section 47 of such title is
amended to read as follows:

``Sec. 47. Vice commandant; appointment''.

(2) The section caption for section 52 of title 14, United
States Code, is amended to read as follows:

``Sec. 52. Vice admirals and admiral, continuity of grade''.

(3) The table of contents for chapter 3 of such title is
amended--
(A) by striking the item relating to section 47 and
inserting the following:

``47. Vice Commandant; appointment.'';

(B) by striking the item relating to section 50a;
(C) by striking the item relating to section 50 and
inserting the following:

``50. Vice admirals.''; and

(D) by striking the item relating to section 52 and
inserting the following:

``52. Vice admirals and admiral, continuity of grade.''.

(h) Technical Correction.--Section 47 of such title is
further amended by striking ``subsection'' in the fifth
sentence and inserting ``section''.
(i) Treatment of Incumbents; Transition.--
(1) Notwithstanding any other provision of law, the officer
who, on the date of enactment of this Act, is serving as Vice
Commandant--
(A) shall continue to serve as Vice Commandant;
(B) shall have the grade of admiral with pay and allowances
of that grade; and
(C) shall not be required to be reappointed by reason of
the enactment of that Act.
(2) Notwithstanding any other provision of law, an officer
who, on the date of enactment of this Act, is serving as
Chief of Staff, Commander, Atlantic Area, or Commander,
Pacific Area--
(A) shall continue to have the grade of vice admiral with
pay and allowance of that grade until such time that the
officer is relieved of his duties and appointed and confirmed
to another position as a vice admiral or admiral; or
(B) for the purposes of transition, may continue at the
grade of vice admiral with pay and allowance of that grade,
for not more than 1 year after the date of enactment of this
Act, to perform the duties of the officer's former position
and any other such duties that the Commandant prescribes.

SEC. 302. NUMBER AND DISTRIBUTION OF COMMISSIONED OFFICERS ON
THE ACTIVE DUTY PROMOTION LIST.

(a) In General.--Section 42 of title 14, United States
Code, is amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) The total number of Coast Guard commissioned officers
on the active duty promotion list, excluding warrant
officers, shall not exceed 7,200. This total number may be
temporarily increased up to 2 percent for no more than the 60
days that follow the commissioning of a Coast Guard Academy
class.
``(b) The total number of commissioned officers authorized
by this section shall be distributed in grade not to exceed
the following percentages:
``(1) 0.375 percent for rear admiral.
``(2) 0.375 percent for rear admiral (lower half).
``(3) 6.0 percent for captain.
``(4) 15.0 percent for commander.
``(5) 22.0 percent for lieutenant commander.

The Secretary shall prescribe the percentages applicable to
the grades of lieutenant, lieutenant (junior grade), and
ensign. The Secretary may, as the needs of the Coast Guard
require, reduce any of the percentages set forth in
paragraphs (1) through (5) and apply that total percentage
reduction to any other lower grade or combination of lower
grades.
``(c) The Secretary shall, at least once a year, compute
the total number of commissioned officers authorized to serve
in each grade by applying the grade distribution percentages
of this section to the total number of commissioned officers
listed on the current active duty promotion list. In making
such calculations, any fraction shall be rounded to the
nearest whole number. The number of commissioned officers on
the active duty promotion list serving with other departments
or agencies on a reimbursable basis or excluded under the
provisions of section 324(d) of title 49, shall not be
counted against the total number of commissioned officers
authorized to serve in each grade.'';
(2) by striking subsection (e) and inserting the following:
``(e) The number of officers authorized to be serving on
active duty in each grade of the permanent commissioned
teaching staff of the Coast Guard Academy and of the Reserve
serving in connection with organizing, administering,
recruiting, instructing, or training the reserve components
shall be prescribed by the Secretary.''; and
(3) by striking the caption of such section and inserting
the following:

``Sec. 42. Number and distribution of commissioned officers
on the active duty promotion list''.

(b) Clerical Amendment.--The table of contents for chapter
3 of such title is amended by striking the item relating to
section 42 and inserting the following:

``42. Number and distribution of commissioned officers on the active
duty promotion list''.

TITLE IV--PERSONNEL

SEC. 401. LEAVE RETENTION AUTHORITY.

Section 701(f)(2) of title 10, United States Code, is
amended by inserting ``or a declaration of a major disaster
or emergency by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Public Law 93-
288, 42 U.S.C. 5121 et seq.)'' after ``operation''.

SEC. 402. LEGAL ASSISTANCE FOR COAST GUARD RESERVISTS.

Section 1044(a)(4) of title 10, United States Code, is
amended--
(1) by striking ``(as determined by the Secretary of
Defense),'' and inserting ``(as determined by the Secretary
of Defense and the Secretary of the department in which the
Coast Guard is operating, with respect to the Coast Guard
when it is not operating as a service of the Navy),''; and
(2) by striking ``prescribed by the Secretary of Defense,''
and inserting ``prescribed by Secretary of Defense and the
Secretary of the department in which the Coast Guard is
operating, with respect to the Coast Guard when it is not
operating as a service of the Navy,''.

[[Page 7622]]

SEC. 403. REIMBURSEMENT FOR CERTAIN MEDICAL-RELATED TRAVEL
EXPENSES.

Section 1074i(a) of title 10, United States Code, is
amended--
(1) by striking ``In General.--In'' and inserting ``In
General.--(1) In''; and
(2) by adding at the end the following:
``(2) In any case in which a covered beneficiary resides on
an INCONUS island that lacks public access roads to the
mainland and is referred by a primary care physician to a
specialty care provider on the mainland who provides services
less than 100 miles from the location in which the
beneficiary resides, the Secretary shall reimburse the
reasonable travel expenses of the covered beneficiary, and,
when accompaniment by an adult is necessary, for a parent or
guardian of the covered beneficiary or another member of the
covered beneficiary's family who is at least 21 years of
age.''.

SEC. 404. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT
PROGRAM.

Section 214(a) of title 14, United States Code, is amended
to read as follows:
``(a) The President may appoint temporary commissioned
officers--
``(1) in the Regular Coast Guard in a grade, not above
lieutenant, appropriate to their qualifications, experience,
and length of service, as the needs of the Coast Guard may
require, from among the commissioned warrant officers,
warrant officers, and enlisted members of the Coast Guard,
and from licensed officers of the United States merchant
marine; and
``(2) in the Coast Guard Reserve in a grade, not above
lieutenant, appropriate to their qualifications, experience,
and length of service, as the needs of the Coast Guard may
require, from among the commissioned warrant officers of the
Coast Guard Reserve.''.

SEC. 405. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

(a) Section 253(a) of title 14, United States Code, is
amended--
(1) by inserting ``and'' after ``considered,''; and
(2) by striking ``consideration, and the number of officers
the board may recommend for promotion'' and inserting
``consideration''.
(b) Section 258 of such title is amended--
(1) by inserting ``(a)'' before ``The Secretary''; and
(2) by adding at the end the following:
``(b) In addition to the information provided pursuant to
subsection (a), the Secretary may furnish the selection
board--
``(1) specific direction relating to the needs of the
service for officers having particular skills, including
direction relating to the need for a minimum number of
officers with particular skills within a specialty; and
``(2) such other guidance that the Secretary believes may
be necessary to enable the board to properly perform its
functions.
Selections made based on the direction and guidance provided
under this subsection shall not exceed the maximum percentage
of officers who may be selected from below the announced
promotion zone at any given selection board convened under
section 251 of this title.''.
(c) Section 259(a) of such title is amended by striking
``board'' the second place it appears and inserting ``board,
giving due consideration to the needs of the service for
officers with particular skills so noted in the specific
direction furnished pursuant to section 258 of this title,''.
(d) Section 260(b) of such title is amended by inserting
``to meet the needs of the service (as noted in the specific
direction furnished the board under section 258 of this
title)'' after ``qualified for promotion''.

SEC. 406. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

Section 875 of the Homeland Security Act of 2002 (6 U.S.C.
455) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Appointment of Judges.--The Secretary may appoint
civilian employees of the Department of Homeland Security as
appellate military judges, available for assignment to the
Coast Guard Court of Criminal Appeals as provided for in
section 866(a) of title 10, United States Code.''.

SEC. 407. COAST GUARD PARTICIPATION IN THE ARMED FORCES
RETIREMENT HOME SYSTEM.

(a) Eligibility under the Armed Forces Retirement Home
Act.--Section 1502 of the Armed Forces Retirement Home Act of
1991 (24 U.S.C. 401) is amended--
(1) by striking ``does not include the Coast Guard when it
is not operating as a service of the Navy.'' in paragraph (4)
and inserting ``has the meaning given such term in section
101(4) of title 10.'';
(2) by striking ``and'' in paragraph (5)(C);
(3) by striking ``Affairs.'' in paragraph (5)(D) and
inserting ``Affairs; and'';
(4) by adding at the end of paragraph (5) the following:
``(E) the Assistant Commandant of the Coast Guard for Human
Resources.''; and
(5) by adding at the end of paragraph (6) the following:
``(E) The Master Chief Petty Officer of the Coast Guard.''.
(b) Deductions.--
(1) Section 2772 of title 10, United States Code, is
amended--
(A) by striking ``of the military department'' in
subsection (a);
(B) by striking ``Armed Forces Retirement Home Board'' in
subsection (b) and inserting ``Chief Operating Officer of the
Armed Forces Retirement Home''; and
(C) by striking subsection (c).
(2) Section 1007(i) of title 37, United States Code, is
amended--
(A) by striking ``Armed Forces Retirement Home Board,'' in
paragraph (3) and inserting ``Chief Operating Officer of the
Armed Forces Retirement Home,''; and
(B) by striking ``does not include the Coast Guard when it
is not operating as a service of the Navy.'' in paragraph (4)
and inserting ``has the meaning given such term in section
101(4) of title 10.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the first day of the first pay period
beginning on or after January 1, 2010.

SEC. 408. CREW WAGES ON PASSENGER VESSELS.

(a) Foreign and Intercoastal Voyages.--
(1) Cap on penalty wages.--Section 10313(g) of title 46,
United States Code, is amended--
(A) by striking ``When'' and inserting ``(1) Subject to
paragraph (2), when''; and
(B) by adding at the end the following:
``(2) The total amount required to be paid under paragraph
(1) with respect to all claims in a class action suit by
seamen on a passenger vessel capable of carrying more than
500 passengers for wages under this section against a vessel
master, owner, or operator or the employer of the seamen
shall not exceed 10 times the unpaid wages that are the
subject of the claims.
``(3) A class action suit for wages under this subsection
must be commenced within 3 years after the later of--
``(A) the date of the end of the last voyage for which the
wages are claimed; or
``(B) the receipt, by a seaman who is a claimant in the
suit, of a payment of wages that are the subject of the suit
that is made in the ordinary course of employment.''.
(2) Deposits.--Section 10315 of such title is amended by
adding at the end the following:
``(f) Deposits in Seaman Account.--By written request
signed by the seaman, a seaman employed on a passenger vessel
capable of carrying more than 500 passengers may authorize
the master, owner, or operator of the vessel, or the employer
of the seaman, to make deposits of wages of the seaman into a
checking, savings, investment, or retirement account, or
other account to secure a payroll or debit card for the
seaman if--
``(1) the wages designated by the seaman for such deposit
are deposited in a United States or international financial
institution designated by the seaman;
``(2) such deposits in the financial institution are fully
guaranteed under commonly accepted international standards by
the government of the country in which the financial
institution is licensed;
``(3) a written wage statement or pay stub, including an
accounting of any direct deposit, is delivered to the seaman
no less often than monthly; and
``(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal of all
funds on deposit in the account in which the wages are
deposited.''.
(b) Coastwise Voyages.--
(1) Cap on penalty wages.--Section 10504(c) of such title
is amended--
(A) by striking ``When'' and inserting ``(1) Subject to
subsection (d), and except as provided in paragraph (2),
when''; and
(B) by adding at the end the following:
``(2) The total amount required to be paid under paragraph
(1) with respect to all claims in a class action suit by
seamen on a passenger vessel capable of carrying more than
500 passengers for wages under this section against a vessel
master, owner, or operator or the employer of the seamen
shall not exceed 10 times the unpaid wages that are the
subject of the claims.
``(3) A class action suit for wages under this subsection
must be commenced within 3 years after the later of--
``(A) the date of the end of the last voyage for which the
wages are claimed; or
``(B) the receipt, by a seaman who is a claimant in the
suit, of a payment of wages that are the subject of the suit
that is made in the ordinary course of employment.''.
(2) Deposits.--Section 10504 of such title is amended by
adding at the end the following:
``(f) Deposits in Seaman Account.--By written request
signed by the seaman, a seaman employed on a passenger vessel
capable of carrying more than 500 passengers may authorize
the master, owner, or operator of the vessel, or the employer
of the seaman, to make deposits of wages of the seaman into a
checking, savings, investment, or retirement account, or
other account to secure a payroll or debit card for the
seaman if--
``(1) the wages designated by the seaman for such deposit
are deposited in a United States or international financial
institution designated by the seaman;
``(2) such deposits in the financial institution are fully
guaranteed under commonly accepted international standards by
the government of the country in which the financial
institution is licensed;

[[Page 7623]]

``(3) a written wage statement or pay stub, including an
accounting of any direct deposit, is delivered to the seaman
no less often than monthly; and
``(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal of all
funds on deposit in the account in which the wages are
deposited.''.

SEC. 409. PROTECTION AND FAIR TREATMENT OF SEAFARERS.

(a) In General.--Chapter 111 of title 46, United States
Code, is amended by adding at the end the following new
section:

``11113. Protection and fair treatment of seafarers

``(a) Purpose.--The purpose of this section is to ensure
the protection and fair treatment of seafarers.
``(b) Fund.--
``(1) Establishment.--There is established in the Treasury
a special fund known as the `Support of Seafarers Fund'.
``(2) Use of amounts in fund.--The amounts covered into the
Fund shall be available to the Secretary, without further
appropriation and without fiscal year limitation, to--
``(A) pay necessary support, pursuant to subsection
(c)(1)(A) of this section; and
``(B) reimburse a shipowner for necessary support, pursuant
to subsection (c)(1)(B) of this section.
``(3) Amounts credited to fund.--Notwithstanding any other
provision of law, the Fund may receive--
``(A) any moneys ordered to be paid to the Fund in the form
of community service pursuant to section 3563(b) of title 18;
``(B) amounts reimbursed or recovered pursuant to
subsection (d) of this section;
``(C) amounts appropriated to the Fund pursuant to
subsection (g) of this section; and
``(D) appropriations available to the Secretary for
transfer.
``(4) Prerequisite for community service credits.--The Fund
may receive credits pursuant to paragraph (3)(A) of this
subsection only when the unobligated balance of the Fund is
less than $5,000,000.
``(5) Report required.--
``(A) Except as provided in subparagraph (B) of this
paragraph, the Secretary shall not obligate any amount in the
Fund in a given fiscal year unless the Secretary has
submitted to Congress, concurrent with the President's budget
submission for that fiscal year, a report that describes--
``(i) the amounts credited to the Fund, pursuant to
paragraph (3) of this subsection, for the preceding fiscal
year;
``(ii) a detailed description of the activities for which
amounts were charged; and
``(iii) the projected level of expenditures from the Fund
for the coming fiscal year, based on--

``(I) on-going activities; and
``(II) new cases, derived from historic data.

``(B) The limitation in subparagraph (A) of this paragraph
shall not apply to obligations during the first fiscal year
during which amounts are credited to the Fund.
``(6) Fund manager.--The Secretary shall designate a Fund
manager, who shall--
``(A) ensure the visibility and accountability of
transactions utilizing the Fund;
``(B) prepare the report required by paragraph (5); and
``(C) monitor the unobligated balance of the Fund and
provide notice to the Secretary and the Attorney General
whenever the unobligated balance of the Fund is less than
$5,000,000.
``(c) In General.--
``(1) Authority.--The Secretary is authorized--
``(A) to pay, in whole or in part, without further
appropriation and without fiscal year limitation, from
amounts in the Fund, necessary support of--
``(i) any seafarer who enters, remains, or has been paroled
into the United States and is involved in an investigation,
reporting, documentation, or adjudication of any matter that
is related to the administration or enforcement of any
treaty, law, or regulation by the Coast Guard; and
``(ii) any seafarer whom the Secretary finds to have been
abandoned in the United States; and
``(B) to reimburse, in whole or in part, without further
appropriation and without fiscal year limitation, from
amounts in the Fund, a shipowner, who has filed a bond or
surety satisfactory pursuant to subparagraph (A) and provided
necessary support of a seafarer who has been paroled into the
United States to facilitate an investigation, reporting,
documentation, or adjudication of any matter that is related
to the administration or enforcement of any treaty, law, or
regulation by the Coast Guard, for costs of necessary
support, when the Secretary deems reimbursement necessary to
avoid serious injustice.
``(2) Limitation.--Nothing in this section shall be
construed--
``(A) to create a right, benefit, or entitlement to
necessary support; or
``(B) to compel the Secretary to pay, or reimburse the cost
of, necessary support.
``(d) Reimbursements; Recovery.--
``(1) In general.--Any shipowner shall reimburse the Fund
an amount equal to the total amount paid from the Fund for
necessary support of the seafarer, plus a surcharge of 25
percent of such total amount if--
``(A)(i) the shipowner, during the course of an
investigation, reporting, documentation, or adjudication of
any matter that the Coast Guard referred to a United States
Attorney or the Attorney General, fails to provide necessary
support of a seafarer who has been paroled into the United
States to facilitate the investigation, reporting,
documentation, or adjudication; and
``(ii) a criminal penalty is subsequently imposed against
the shipowner; or
``(B) the shipowner, under any circumstance, abandons a
seafarer in the United States, as decided by the Secretary.
``(2) Enforcement.--If a shipowner fails to reimburse the
Fund as required under paragraph (1) of this subsection, the
Secretary may--
``(A) proceed in rem against any vessel of the shipowner in
the Federal district court for the district in which such
vessel is found; and
``(B) withhold or revoke the clearance, required by section
60105 of this title, of any vessel of the shipowner wherever
such vessel is found.
``(3) Whenever clearance is withheld or revoked pursuant to
paragraph (2)(B) of this subsection, clearance may be granted
if the shipowner reimburses the Fund the amount required
under paragraph (1) of this subsection.
``(e) Surety; Enforcement of Treaties, Laws, and
Regulations.--
``(1) Bond and surety authority.--The Secretary is
authorized to require a bond or surety satisfactory as an
alternative to withholding or revoking clearance required
under section 60105 of this title if, in the opinion of the
Secretary, such bond or surety satisfactory is necessary to
facilitate an investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Coast Guard if the surety corporation
providing the bond is authorized by the Secretary of the
Treasury under section 9305 of title 31 to provide surety
bonds under section 9304 of that title.
``(2) Application.--The authority to require a bond or a
surety satisfactory or to request the withholding or
revocation of the clearance required under section 60105 of
this title applies to any investigation, reporting,
documentation, or adjudication of any matter that is related
to the administration or enforcement of any treaty, law, or
regulation by the Coast Guard.
``(f) Definitions.--In this section:
``(1) Abandons; abandoned.--The term `abandons' or
`abandoned' means a shipowner's unilateral severance of ties
with a seafarer or the shipowner's failure to provide
necessary support of a seafarer.
``(2) Bond or surety satisfactory.--The term `bond or
surety satisfactory' means a negotiated instrument, the terms
of which may, at the discretion of the Secretary, include
provisions that require the shipowner to--
``(A) provide necessary support of a seafarer who has or
may have information pertinent to an investigation,
reporting, documentation, or adjudication of any matter that
is related to the administration or enforcement of any
treaty, law, or regulation by the Secretary;
``(B) facilitate an investigation, reporting,
documentation, or adjudication of any matter that is related
to the administration or enforcement of any treaty, law, or
regulation by the Secretary;
``(C) stipulate to certain incontrovertible facts,
including, but not limited to, the ownership or operation of
the vessel, or the authenticity of documents and things from
the vessel;
``(D) facilitate service of correspondence and legal
papers;
``(E) enter an appearance in United States district court;
``(F) comply with directions regarding payment of funds;
``(G) name an agent in the United States for service of
process;
``(H) make stipulations as to the authenticity of certain
documents in United States district court;
``(I) provide assurances that no discriminatory or
retaliatory measures will be taken against a seafarer
involved in an investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Secretary;
``(J) provide financial security in the form of cash, bond,
or other means acceptable to the Secretary; and
``(K) provide for any other appropriate measures as the
Secretary considers necessary to ensure the Government is not
prejudiced by granting the clearance required by section
60105 of title 46.
``(3) Fund.--The term `Fund' means the Support of Seafarers
Fund, established pursuant to this section.
``(4) Necessary support.--The term `necessary support'
means normal wages, lodging, subsistence, clothing, medical
care (including hospitalization), repatriation, and any other
expense the Secretary deems appropriate.

[[Page 7624]]

``(5) Seafarer.--The term `seafarer' means an alien crewman
who is employed or engaged in any capacity on board a vessel
subject to the jurisdiction of the United States.
``(6) Shipowner.--The term `shipowner' means the individual
or entity that owns, has an ownership interest in, or
operates a vessel subject to the jurisdiction of the United
States.
``(7) Vessel subject to the jurisdiction of the united
states.--The term `vessel subject to the jurisdiction of the
United States' has the same meaning it has in section
70502(c) of this title, except that it excludes a vessel
owned or bareboat chartered and operated by the United
States, by a State or political subdivision thereof, or by a
foreign nation, except when that vessel is engaged in
commerce.
``(g) Regulations.--The Secretary may prescribe regulations
to implement this section.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to the Fund $1,500,000 for each
of fiscal years 2010, 2011, and 2012.''.
(b) Clerical Amendment.--The chapter analysis for chapter
111 of title 46, United States Code, is amended by adding at
the end the following new item:

``11113. Protection and fair treatment of seafarers''.

TITLE V--ACQUISITION REFORM

SEC. 501. CHIEF ACQUISITION OFFICER.

(a) In General.--Chapter 3 of title 14, United States Code,
is amended by adding at the end the following:

``Sec. 55. Chief Acquisition Officer

``(a) In General.--There shall be in the Coast Guard a
Chief Acquisition Officer selected by the Commandant who
shall be a Rear Admiral or civilian from the Senior Executive
Service (career reserved). The Chief Acquisition Officer
shall serve at the Assistant Commandant level and have
acquisition management as that individual's primary duty.
``(b) Qualifications.--The Chief Acquisition Officer shall
be an acquisition professional with a Level III certification
and must have at least 10 years experience in an acquisition
position, of which at least 4 years were spent as--
``(1) the program executive officer;
``(2) the program manager of a Level 1 or Level 2
acquisition project or program;
``(3) the deputy program manager of a Level 1 or Level 2
acquisition; or
``(4) a combination of such positions.
``(c) Functions of the Chief Acquisition Officer.--The
functions of the Chief Acquisition Officer include--
``(1) monitoring the performance of programs and projects
on the basis of applicable performance measurements and
advising the Commandant, through the chain of command,
regarding the appropriate business strategy to achieve the
missions of the Coast Guard;
``(2) maximizing the use of full and open competition at
the prime contract and subcontract levels in the acquisition
of property, capabilities, and services by the Coast Guard by
establishing policies, procedures, and practices that ensure
that the Coast Guard receives a sufficient number of
competitive proposals from responsible sources to fulfill the
Government's requirements, including performance and delivery
schedules, at the lowest cost or best value considering the
nature of the property or service procured;
``(3) making acquisition decisions in concurrence with the
technical authority, or technical authorities, as
appropriate, of the Coast Guard, as designated by the
Commandant, consistent with all other applicable laws and
decisions establishing procedures within the Coast Guard;
``(4) ensuring the use of detailed performance
specifications in instances in which performance based
contracting is used;
``(5) managing the direction of acquisition policy for the
Coast Guard, including implementation of the unique
acquisition policies, regulations, and standards of the Coast
Guard;
``(6) developing and maintaining an acquisition career
management program in the Coast Guard to ensure that there is
an adequate acquisition workforce;
``(7) assessing the requirements established for Coast
Guard personnel regarding knowledge and skill in acquisition
resources and management and the adequacy of such
requirements for facilitating the achievement of the
performance goals established for acquisition management;
``(8) developing strategies and specific plans for hiring,
training, and professional development; and
``(9) reporting to the Commandant, through the chain of
command, on the progress made in improving acquisition
management capability.''.
(b) Clerical Amendment.--The table of contents for chapter
3 of title 14, United States Code, is amended by adding at
the end the following:

``55. Chief Acquisition Officer''.

(c) Selection Deadline.--As soon as practicable after the
date of enactment of this Act, but no later than October 1,
2011, the Commandant of the Coast Guard shall select a Chief
Acquisition Officer under section 55 of title 14, United
States Code.

SEC. 502. ACQUISITIONS.

(a) In General.--Part I of title 14, United States Code, is
amended by inserting after chapter 13 the following:

``CHAPTER 15. ACQUISITIONS

``Subchapter 1--General Provisions

``Subchapter 2--Improved Acquisition Process and Procedures

``Sec.
``571. Identification of major system acquisitions
``572. Acquisition
``573. Preliminary development and demonstration
``574. Acquisition, production, deployment, and support
``575. Acquisition program baseline breach

``Subchapter 3--Definitions

``Sec.
``581. Definitions

``Subchapter 1--General Provisions

``561. Acquisition directorate

``(a) Establishment.--The Commandant of the Coast Guard
shall establish an acquisition directorate to provide
guidance and oversight for the implementation and management
of all Coast Guard acquisition processes, programs, and
projects.
``(b) Mission.--The mission of the acquisition directorate
is--
``(1) to acquire and deliver assets and systems that
increase operational readiness, enhance mission performance,
and create a safe working environment; and
``(2) to assist in the development of a workforce that is
trained and qualified to further the Coast Guard's missions
and deliver the best value products and services to the
Nation.

``562. Senior acquisition leadership team

``(a) Establishment.--The Commandant shall establish a
senior acquisition leadership team within the Coast Guard
comprised of--
``(1) the Vice Commandant;
``(2) the Deputy and Assistant Commandants;
``(3) appropriate senior staff members of each Coast Guard
directorate;
``(4) appropriate senior staff members for each assigned
field activity or command; and
``(5) any other Coast Guard officer or employee designated
by the Commandant.
``(b) Function.--The senior acquisition leadership team
shall--
``(1) meet at the call of the Commandant at such places and
such times as the Commandant may require;
``(2) provide advice and information on operational and
performance requirements of the Coast Guard;
``(3) identify gaps and vulnerabilities in the operational
readiness of the Coast Guard;
``(4) make recommendations to the Commandant and the Chief
Acquisition Officer to remedy the identified gaps and
vulnerabilities in the operational readiness of the Coast
Guard; and
``(5) contribute to the development of a professional,
experienced acquisition workforce by providing acquisition-
experience tours of duty and educational development for
officers and employees of the Coast Guard.

``563. Improvements in Coast Guard acquisition management

``(a) Project and Program Managers.--
``(1) Project or program manager defined.--In this section,
the term `project or program manager' means an individual
designated--
``(A) to develop, produce, and deploy a new asset to meet
identified operational requirements; and
``(B) to manage cost, schedule, and performance of the
acquisition or project or program.
``(2) Level 1 projects.-- An individual may not be assigned
as the project or program manager for a Level 1 acquisition
unless the individual holds a Level III acquisition
certification as a program manager.
``(3) Level 2 projects.--An individual may not be assigned
as the project or program manager for a Level 2 acquisition
unless the individual holds a Level II acquisition
certification as a program manager.
``(b) Guidance on Tenure and Accountability of Program and
Project Managers.--Not later than one year after the date of
enactment of the Coast Guard Authorization Act for Fiscal
years 2010 and 2011, the Commandant shall issue guidance to
address the qualifications, resources, responsibilities,
tenure, and accountability of program and project managers
for the management of acquisition programs and projects. The
guidance shall address, at a minimum--
``(1) the qualifications required for project or program
managers, including the number of years of acquisition
experience and the

[[Page 7625]]

professional training levels to be required of those
appointed to project or program management positions; and
``(2) authorities available to project or program managers,
including, to the extent appropriate, the authority to object
to the addition of new program requirements that would be
inconsistent with the parameters established for an
acquisition program.
``(c) Acquisition Workforce.--
``(1) In general.--The Commandant shall designate a
sufficient number of positions to be in the Coast Guard's
acquisition workforce to perform acquisition-related
functions at Coast Guard headquarters and field activities.
``(2) Required positions.--The Commandant shall ensure that
members of the acquisition workforce have expertise,
education, and training in at least 1 of the following
acquisition career fields:
``(A) Acquisition logistics.
``(B) Auditing.
``(C) Business, cost estimating, and financial management.
``(D) Contracting.
``(E) Facilities engineering.
``(F) Industrial or contract property management.
``(G) Information technology.
``(H) Manufacturing, production, and quality assurance.
``(I) Program management.
``(J) Purchasing.
``(K) Science and technology.
``(L) Systems planning, research, development, and
engineering.
``(M) Test and evaluation.
``(3) Acquisition workforce expedited hiring authority.--
``(A) In general.--For purposes of sections 3304, 5333, and
5753 of title 5, the Commandant may--
``(i) designate any category of acquisition positions
within the Coast Guard as shortage category positions; and
``(ii) use the authorities in such sections to recruit and
appoint highly qualified person directly to positions so
designated.
``(B) Limitation.--The Commandant may not appoint a person
to a position of employment under this paragraph after
September 30, 2012.
``(d) Management Information System.--
``(1) In general.--The Commandant shall establish a
management information system capability to improve
acquisition workforce management and reporting.
``(2) Information maintained.--Information maintained with
such capability shall include the following standardized
information on individuals assigned to positions in the
workforce:
``(A) Qualifications, assignment history, and tenure of
those individuals assigned to positions in the acquisition
workforce or holding acquisition-related certifications.
``(B) Promotion rates for officers and members of the Coast
Guard in the acquisition workforce.
``(e) Career Paths.--To establish acquisition management as
a core competency of the Coast Guard, the Commandant shall--
``(1) ensure that career paths for officers, members, and
employees of the Coast Guard who wish to pursue careers in
acquisition are identified in terms of the education,
training, experience, and assignments necessary for career
progression of those officers, members, and employees to the
most senior positions in the acquisition workforce; and
``(2) publish information on such career paths.

``564. Recognition of Coast Guard personnel for excellence
in acquisition

``(a) In General.--Not later than 180 days after the date
of enactment of the Coast Guard Authorization Act for Fiscal
Years 2010 and 2011, the Commandant shall commence
implementation of a program to recognize excellent
performance by individuals and teams comprised of officers,
members, and employees of the Coast Guard that contributed to
the long-term success of a Coast Guard acquisition project or
program.
``(b) Elements.--The program shall include--
``(1) specific award categories, criteria, and eligibility
and manners of recognition;
``(2) procedures for the nomination by personnel of the
Coast Guard of individuals and teams comprised of officers,
members, and employees of the Coast Guard for recognition
under the program; and
``(3) procedures for the evaluation of nominations for
recognition under the program by one or more panels of
individuals from the Government, academia, and the private
sector who have such expertise and are appointed in such
manner as the Commandant shall establish for the purposes of
this program.
``(c) Award of Cash Bonuses.--As part of the program
required by subsection (a), the Commandant, subject to the
availability of appropriations, may award to any civilian
employee recognized pursuant to the program a cash bonus to
the extent that the performance of such individual so
recognized warrants the award of such bonus.

``565. Prohibition on use of lead systems integrators

``(a) In General.--
``(1) Use of lead systems integrator.--Except as provided
in subsection (b), the Commandant may not use a private
sector entity as a lead systems integrator for an acquisition
contract awarded or delivery order or task order issued after
the date of enactment of the Coast Guard Authorization Act
for Fiscal Years 2010 and 2011.
``(2) Full and open competition.--The Commandant and any
lead systems integrator engaged by the Coast Guard, pursuant
to the exceptions described in subsection (b), shall use full
and open competition for any acquisition contract awarded
after the date of enactment of that Act, unless otherwise
excepted in accordance with the Competition in Contracting
Act of 1984 (41 U.S.C. 251 note), the amendments made by that
Act, and the Federal Acquisition Regulations.
``(3) No effect on small business act.--Nothing in this
subsection shall be construed to supersede or otherwise
affect the authorities provided by and under the Small
Business Act (15 U.S.C. 631 et seq.).
``(b) Exceptions.--
``(1) National distress and response system modernization
program; national security cutters 2 and 3.--Notwithstanding
subsection (a), the Commandant may use a private sector
entity as a lead systems integrator for the Coast Guard to
complete the National Distress and Response System
Modernization Program, the C4ISR projects directly related to
the Integrated Deepwater Program, and National Security
Cutters 2 and 3 if the Secretary of Homeland Security
certifies that--
``(A) the acquisition is in accordance with the Competition
in Contracting Act of 1984 (41 U.S.C. 251 note), the
amendments made by that Act, and the Federal Acquisition
Regulations; and
``(B) the acquisition and the use of a private sector
entity as a lead systems integrator for the acquisition is in
the best interest of the Federal Government.
``(2) Termination date for exceptions.--Except for the
modification of delivery or task orders pursuant to Parts 4
and 42 of the Federal Acquisition Regulations, the Commandant
may not use a private sector entity as a lead systems
integrator after the earlier of--
``(A) September 30, 2012; or
``(B) the date on which the Commandant certifies in writing
to the appropriate congressional committees that the Coast
Guard has available and can retain sufficient contracting
personnel and expertise within the Coast Guard, through an
arrangement with other Federal agencies, or through contracts
or other arrangements with private sector entities, to
perform the functions and responsibilities of the lead system
integrator in an efficient and cost-effective manner.

``566. Required contract terms

``(a) In General.--The Commandant shall ensure that a
contract awarded or a delivery order or task order issued for
an acquisition of a capability or an asset with an expected
service life of 10 years and with a total acquisition cost
that is equal to or exceeds $10,000,000 awarded or issued by
the Coast Guard after the date of enactment of the Coast
Guard Authorization Act for Fiscal Years 2010 and 2011--
``(1) provides that all certifications for an end-state
capability or asset under such contract, delivery order, or
task order, respectively, will be conducted by the Commandant
or an independent third party, and that self-certification by
a contractor or subcontractor is not allowed;
``(2) requires that the Commandant shall maintain the
authority to establish, approve, and maintain technical
requirements;
``(3) requires that any measurement of contractor and
subcontractor performance be based on the status of all work
performed, including the extent to which the work performed
met all performance, cost, and schedule requirements;
``(4) specifies that, for the acquisition or upgrade of
air, surface, or shore capabilities and assets for which
compliance with TEMPEST certification is a requirement, the
standard for determining such compliance will be the air,
surface, or shore standard then used by the Department of the
Navy for that type of capability or asset; and
``(5) for any contract awarded to acquire an Offshore
Patrol Cutter, includes provisions specifying the service
life, fatigue life, and days underway in general Atlantic and
North Pacific Sea conditions, maximum range, and maximum
speed the cutter will be built to achieve.
``(b) Prohibited Contract Provisions.--The Commandant shall
ensure that any contract awarded or delivery order or task
order issued by the Coast Guard after the date of enactment
of the Coast Guard Authorization Act for Fiscal Years 2010
and 2011 does not include any provision allowing for
equitable adjustment that is not consistent with the Federal
Acquisition Regulations.
``(c) Integrated Product Teams.--Integrated product teams,
and all teams that oversee integrated product teams, shall be
chaired by officers, members, or employees of the Coast
Guard.
``(d) Deepwater Technical Authorities.--The Commandant
shall maintain or designate the technical authorities to
establish, approve, and maintain technical requirements. Any
such designation shall be made in writing and may not be
delegated to the authority of the Chief Acquisition Officer
established by section 55 of this title.

[[Page 7626]]

``567. Department of Defense consultation

``(a) In General.--The Commandant shall make arrangements
as appropriate with the Secretary of Defense for support in
contracting and management of Coast Guard acquisition
programs. The Commandant shall also seek opportunities to
make use of Department of Defense contracts, and contracts of
other appropriate agencies, to obtain the best possible price
for assets acquired for the Coast Guard.
``(b) Inter-service Technical Assistance.--The Commandant
shall seek to enter into a memorandum of understanding or a
memorandum of agreement with the Secretary of the Navy to
obtain the assistance of the Office of the Assistant
Secretary of the Navy for Research, Development, and
Acquisition, including the Navy Systems Command, with the
oversight of Coast Guard major acquisition programs. The
memorandum of understanding or memorandum of agreement shall,
at a minimum, provide for--
``(1) the exchange of technical assistance and support that
the Assistant Commandants for Acquisition, Human Resources,
Engineering, and Information technology may identify;
``(2) the use, as appropriate, of Navy technical expertise;
and
``(3) the exchange of personnel between the Coast Guard and
the Office of the Assistant Secretary of the Navy for
Research, Development, and Acquisition, including Naval
Systems Commands, to facilitate the development of organic
capabilities in the Coast Guard.
``(c) Technical Requirement Approval Procedures.--The Chief
Acquisition Officer shall adopt, to the extent practicable,
procedures modeled after those used by the Navy Senior
Acquisition Official to approve all technical requirements.

``568. Undefinitized contractual actions

``(a) In General.--The Coast Guard may not enter into an
undefinitized contractual action unless such action is
directly approved by the Head of Contracting Activity of the
Coast Guard.
``(b) Requests for Undefinitized Contractual Actions.--Any
request to the Head of Contracting Activity for approval of
an undefinitized contractual action shall include a
description of the anticipated effect on requirements of the
Coast Guard if a delay is incurred for the purposes of
determining contractual terms, specifications, and price
before performance is begun under the contractual action.
``(c) Requirements for Undefinitized Contractual Actions.--
``(1) Deadline for agreement on terms, specifications, and
price.--A contracting officer of the Coast Guard may not
enter into an undefinitized contractual action unless the
contractual action provides for agreement upon contractual
terms, specification, and price by the earlier of--
``(A) the end of the 180-day period beginning on the date
on which the contractor submits a qualifying proposal to
definitize the contractual terms, specifications, and price;
or
``(B) the date on which the amount of funds obligated under
the contractual action is equal to more than 50 percent of
the negotiated overall ceiling price for the contractual
action.
``(2) Limitation on obligations.--
``(A) In general.--Except as provided in subparagraph (B),
the contracting officer for an undefinitized contractual
action may not obligate under such contractual action an
amount that exceeds 50 percent of the negotiated overall
ceiling price until the contractual terms, specifications,
and price are definitized for such contractual action.
``(B) Exception.--Notwithstanding subparagraph (A), if a
contractor submits a qualifying proposal to definitize an
undefinitized contractual action before an amount that
exceeds 50 percent of the negotiated overall ceiling price is
obligated on such action, the contracting officer for such
action may not obligate with respect to such contractual
action an amount that exceeds 75 percent of the negotiated
overall ceiling price until the contractual terms,
specifications, and price are definitized for such
contractual action.
``(3) Waiver.--The Commandant may waive the application of
this subsection with respect to a contract if the Commandant
determines that the waiver is necessary to support--
``(A) a contingency operation (as that term is defined in
section 101(a)(13) of title 10);
``(B) operations to prevent or respond to a transportation
security incident (as defined in section 70101(6) of title
46);
``(C) an operation in response to an emergency that poses
an unacceptable threat to human health or safety or to the
marine environment; or
``(D) an operation in response to a natural disaster or
major disaster or emergency designated by the President under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
``(4) Limitation on application.--This subsection does not
apply to an undefinitized contractual action for the purchase
of initial spares.
``(d) Inclusion of Nonurgent Requirements.--Requirements
for spare parts and support equipment that are not needed on
an urgent basis may not be included in an undefinitized
contractual action by the Coast Guard for spare parts and
support equipment that are needed on an urgent basis unless
the Commandant approves such inclusion as being--
``(1) good business practice; and
``(2) in the best interests of the United States.
``(e) Modification of Scope.--The scope of an undefinitized
contractual action under which performance has begun may not
be modified unless the Commandant approves such modification
as being--
``(1) good business practice; and
``(2) in the best interests of the United States.
``(f) Allowable Profit.--The Commandant shall ensure that
the profit allowed on an undefinitized contractual action for
which the final price is negotiated after a substantial
portion of the performance required is completed reflects--
``(1) the possible reduced cost risk of the contractor with
respect to costs incurred during performance of the contract
before the final price is negotiated; and
``(2) the reduced cost risk of the contractor with respect
to costs incurred during performance of the remaining portion
of the contract.
``(g) Definitions.--In this section:
``(1) Undefinitized contractual action.--
``(A) In general.--Except as provided in subparagraph (B),
the term `undefinitized contractual action' means a new
procurement action entered into by the Coast Guard for which
the contractual terms, specifications, or price are not
agreed upon before performance is begun under the action.
``(B) Exclusion.--The term `undefinitized contractual
action' does not include contractual actions with respect
to--
``(i) foreign military sales;
``(ii) purchases in an amount not in excess of the amount
of the simplified acquisition threshold; or
``(iii) special access programs.
``(2) Qualifying proposal.--The term `qualifying proposal'
means a proposal that contains sufficient information to
enable complete and meaningful audits of the information
contained in the proposal as determined by the contracting
officer.

``Subchapter 2--Improved Acquisition Process and Procedures

``571. Identification of major system acquisitions

``(a) In General.--
``(1) Support mechanisms.--The Commandant shall develop and
implement mechanisms to support the establishment of mature
and stable operational requirements for acquisitions under
this subchapter.
``(2) Mission analysis; affordability assessment.--The
Commandant may not initiate a Level 1 or Level 2 acquisition
project or program until the Commandant--
``(A) completes a mission analysis that--
``(i) identifies any gaps in capability; and
``(ii) develops a clear mission need; and
``(B) prepares a preliminary affordability assessment for
the project or program.
``(b) Elements.--
``(1) Requirements.--The mechanisms required by subsection
(a) shall ensure the implementation of a formal process for
the development of a mission-needs statement, concept-of-
operations document, capability development plan, and
resource proposal for the initial project or program funding,
and shall ensure the project or program is included in the
Coast Guard Capital Investment Plan.
``(2) Assessment of trade-offs.--In conducting an
affordability assessment under subsection (a)(2)(B), the
Commandant shall develop and implement mechanisms to ensure
that trade-offs among cost, schedule, and performance are
considered in the establishment of preliminary operational
requirements for development and production of new assets and
capabilities for Level 1 and Level 2 acquisitions projects
and programs.
``(c) Human Resource Capital Planning.--The Commandant
shall develop staffing predictions, define human capital
performance initiatives, and identify preliminary training
needs for any such project or program.
``(d) DHS Acquisition Approval.--A Level 1 or Level 2
acquisition project or program may not be implemented unless
it is approved by the Department of Homeland Security
Acquisition Review Board or the Joint Review Board.

``572. Acquisition

``(a) In General.--The Commandant may not establish a Level
1 or Level 2 acquisition project or program approved under
section 571(d) until the Commandant--
``(1) clearly defines the operational requirements for the
project or program;
``(2) establishes the feasibility of alternatives;
``(3) develops an acquisition project or program baseline;
``(4) produces a life-cycle cost estimate; and
``(5) assesses the relative merits of alternatives to
determine a preferred solution in accordance with the
requirements of this section.
``(b) Analysis of Alternatives.--

[[Page 7627]]

``(1) In general.--The Commandant shall conduct an analysis
of alternatives for the asset or capability to be acquired in
an analyze and select phase of the acquisition process.
``(2) Requirements.--The analysis of alternatives shall be
conducted by a federally funded research and development
center, a qualified entity of the Department of Defense, or a
similar independent third party entity that has appropriate
acquisition expertise and has no substantial financial
interest in any part of the acquisition project or program
that is the subject of the analysis. At a minimum, the
analysis of alternatives shall include--
``(A) an assessment of the technical maturity, and
technical and other risks;
``(B) an examination of capability, interoperability, and
other disadvantages;
``(C) an evaluation of whether different combinations or
quantities of specific assets or capabilities could meet the
Coast Guard's overall performance needs;
``(D) a discussion of key assumptions and variables, and
sensitivity to change in such assumptions and variables;
``(E) when an alternative is an existing asset or
prototype, an evaluation of relevant safety and performance
records and costs;
``(F) a calculation of life-cycle costs including--
``(i) an examination of likely research and development
costs and the levels of uncertainty associated with such
estimated costs;
``(ii) an examination of likely production and deployment
costs and levels of uncertainty associated with such
estimated costs;
``(iii) an examination of likely operating and support
costs and the levels of uncertainty associated with such
estimated costs;
``(iv) if they are likely to be significant, an examination
of likely disposal costs and the levels of uncertainty
associated with such estimated costs; and
``(v) such additional measures as the Commandant or the
Secretary of Homeland Security determines to be necessary for
appropriate evaluation of the asset; and
``(G) the business case for each viable alternative.
``(c) Test and Evaluation Master Plan.--
``(1) In general.--For any Level 1 or Level 2 acquisition
project or program the Chief Acquisition Officer shall
approve a test and evaluation master plan specific to the
acquisition project or program for the capability, asset, or
subsystems of the capability or asset and intended to
minimize technical, cost, and schedule risk as early as
practicable in the development of the project or program.
``(2) Test and evaluation strategy.--The master plan
shall--
``(A) set forth an integrated test and evaluation strategy
that will verify that capability-level or asset-level and
subsystem-level design and development, including performance
and supportability, have been sufficiently proven before the
capability, asset, or subsystem of the capability or asset is
approved for production; and
``(B) require that adequate developmental tests and
evaluations and operational tests and evaluations established
under subparagraph (A) are performed to inform production
decisions.
``(3) Other components of the master plan.--At a minimum,
the master plan shall identify--
``(A) the key performance parameters to be resolved through
the integrated test and evaluation strategy;
``(B) critical operational issues to be assessed in
addition to the key performance parameters;
``(C) specific development test and evaluation phases and
the scope of each phase;
``(D) modeling and simulation activities to be performed,
if any, and the scope of such activities;
``(E) early operational assessments to be performed, if
any, and the scope of such assessments;
``(F) operational test and evaluation phases;
``(G) an estimate of the resources, including funds, that
will be required for all test, evaluation, assessment,
modeling, and simulation activities; and
``(H) the Government entity or independent entity that will
perform the test, evaluation, assessment, modeling, and
simulation activities.
``(4) Update.--The Chief Acquisition Officer shall approve
an updated master plan whenever there is a revision to
project or program test and evaluation strategy, scope, or
phasing.
``(5) Limitation.--The Coast Guard may not--
``(A) proceed beyond that phase of the acquisition process
that entails approving the supporting acquisition of a
capability or asset before the master plan is approved by the
Chief Acquisition Officer; or
``(B) award any production contract for a capability,
asset, or subsystem for which a master plan is required under
this subsection before the master plan is approved by the
Chief Acquisition Officer.
``(d) Life-Cycle Cost Estimates.--
``(1) In general.--The Commandant shall implement
mechanisms to ensure the development and regular updating of
life-cycle cost estimates for each Level 1 or Level 2
acquisition to ensure that these estimates are considered in
decisions to develop or produce new or enhanced capabilities
and assets.
``(2) Types of estimates.--In addition to life-cycle cost
estimates that may be developed by acquisition program
offices, the Commandant shall require that an independent
life-cycle cost estimate be developed for each Level 1 or
Level 2 acquisition project or program.
``(3) Required updates.--For each Level 1 or Level 2
acquisition project or program the Commandant shall require
that life-cycle cost estimates shall be updated before each
milestone decision is concluded and the project or program
enters a new acquisition phase.
``(e) DHS Acquisition Approval.--A project or program may
not enter the obtain phase under section 573 unless the
Department of Homeland Security Acquisition Review Board or
the Joint Review Board (or other entity to which such
responsibility is delegated by the Secretary of Homeland
Security) has approved the analysis of alternatives for the
project. The Joint Review Board may also approve the low
rates initial production quantity for the project or program
if such an initial production quantity is planned by the
acquisition project or program and deemed appropriate by the
Joint Review Board.

``573. Preliminary development and demonstration

``(a) In General.--The Commandant shall ensure that
developmental test and evaluation, operational test and
evaluation, life cycle cost estimates, and the development
and demonstration requirements are met to confirm that the
projects or programs meet the requirements described in the
mission-needs statement and the operational-requirements
document and the following development and demonstration
objectives:
``(1) To demonstrate that the most promising design,
manufacturing, and production solution is based upon a
stable, producible, and cost-effective product design.
``(2) To ensure that the product capabilities meet contract
specifications, acceptable operational performance
requirements, and system security requirements.
``(3) To ensure that the product design is mature enough to
commit to full production and deployment.
``(b) Tests and Evaluations.--
``(1) In general.--The Commandant shall ensure that the
Coast Guard conducts developmental tests and evaluations and
operational tests and evaluations of a capability or asset
and the subsystems of the capability or asset for which a
master plan has been prepared under section 572(c)(1).
``(2) Use of third parties.--The Commandant shall ensure
that the Coast Guard uses independent third parties with
expertise in testing and evaluating the capabilities or
assets and the subsystems of the capabilities or assets being
acquired to conduct developmental tests and evaluations and
operational tests and evaluations whenever the Coast Guard
lacks the capability to conduct the tests and evaluations
required by a master plan.
``(3) Communication of safety concerns.--The Commandant
shall require that safety concerns identified during
developmental or operational tests and evaluations or through
independent or Government-conducted design assessments of
capabilities or assets and subsystems of capabilities or
assets to be acquired by the Coast Guard shall be
communicated as soon as practicable, but not later than 30
days after the completion of the test or assessment event or
activity that identified the safety concern, to the program
manager for the capability or asset and the subsystems
concerned and to the Chief Acquisition Officer.
``(4) Asset already in low, initial, or full-rate
production.--If operational test and evaluation on a
capability or asset already in low, initial, or full-rate
production identifies a safety concern with the capability or
asset or any subsystems of the capability or asset not
previously identified during developmental or operational
test and evaluation, the Commandant shall--
``(A) notify the program manager and the Chief Acquisition
Officer of the safety concern as soon as practicable, but not
later than 30 days after the completion of the test and
evaluation event or activity that identified the safety
concern; and
``(B) notify the Chief Acquisition Officer and include in
such notification--
``(i) an explanation of the actions that will be taken to
correct or mitigate the safety concern in all capabilities or
assets and subsystems of the capabilities or assets yet to be
produced, and the date by which those actions will be taken;
``(ii) an explanation of the actions that will be taken to
correct or mitigate the safety concern in previously produced
capabilities or assets and subsystems of the capabilities or
assets, and the date by which those actions will be taken;
and
``(iii) an assessment of the adequacy of current funding to
correct or mitigate the safety concern in capabilities or
assets and subsystems of the capabilities or assets and in
previously produced capabilities or assets and subsystems.
``(c) Technical Certification.--

[[Page 7628]]

``(1) In general.--The Commandant shall ensure that any
Level 1 or Level 2 acquisition project or program is
certified by the technical authority of the Coast Guard after
review by an independent third party with capabilities in the
mission area, asset, or particular asset component.
``(2) TEMPEST testing.--The Commandant shall--
``(A) cause all electronics on all aircraft, surface, and
shore assets that require TEMPEST certification and that are
delivered after the date of enactment of the Coast Guard
Authorization Act for Fiscal Years 2010 and 2011 to be tested
in accordance with master plan standards and communications
security standards by an independent third party that is
authorized by the Federal Government to perform such testing;
and
``(B) certify that the assets meet all applicable TEMPEST
requirements.
``(3) Vessel classification.--The Commandant shall cause
each cutter, other than the National Security Cutter,
acquired by the Coast Guard and delivered after the date of
enactment of the Coast Guard Authorization Act for Fiscal
Years 2010 and 2011 is to be classed by the American Bureau
of Shipping before final acceptance.
``(d) Acquisition Decision.--The Commandant may not proceed
to full scale production, deployment, and support of a Level
1 or Level 2 acquisition project or program unless the
Department of Homeland Security Acquisition Review Board has
verified that the delivered asset or system meets the project
or program performance and cost goals.

``574. Acquisition, production, deployment, and support

``(a) In General.--The Commandant shall--
``(1) ensure there is a stable and efficient production and
support capability to develop an asset or system;
``(2) conduct follow on testing to confirm and monitor
performance and correct deficiencies; and
``(3) conduct acceptance tests and trails upon the delivery
of each asset or system to ensure the delivered asset or
system achieves full operational capability.
``(b) Elements.--The Commandant shall--
``(1) execute the productions contracts;
``(2) ensure the delivered products meet operational cost
and schedules requirements established in the acquisition
program baseline;
``(3) validate manpower and training requirements to meet
system needs to operate, maintain, support, and instruct the
system; and
``(4) prepare a project or program transition plan to enter
into programmatic sustainment, operations, and support.

``575. Acquisition program baseline breach

``(a) In General.--The Commandant shall submit a report to
the appropriate congressional committees as soon as possible,
but not later than 30 days, after the Chief Acquisition
Officer of the Coast Guard becomes aware of the breach of an
acquisition program baseline for any Level 1 or Level 2
acquisition program, by--
``(1) a likely cost overrun greater than 15 percent of the
acquisition program baseline for that individual capability
or asset or a class of capabilities or assets;
``(2) a likely delay of more than 180 days in the delivery
schedule for any individual capability or asset or class of
capabilities or assets; or
``(3) an anticipated failure for any individual capability
or asset or class of capabilities or assets to satisfy any
key performance threshold or parameter under the acquisition
program baseline.
``(b) Content.--The report submitted under subsection (a)
shall include--
``(1) a detailed description of the breach and an
explanation of its cause;
``(2) the projected impact to performance, cost, and
schedule;
``(3) an updated acquisition program baseline and the
complete history of changes to the original acquisition
program baseline;
``(4) the updated acquisition schedule and the complete
history of changes to the original schedule;
``(5) a full life-cycle cost analysis for the capability or
asset or class of capabilities or assets;
``(6) a remediation plan identifying corrective actions and
any resulting issues or risks; and
``(7) a description of how progress in the remediation plan
will be measured and monitored.
``(c) Substantial Variances in Costs or Schedule.--If a
likely cost overrun is greater than 25 percent or a likely
delay is greater than 12 months from the costs and schedule
described in the acquisition program baseline for any Level 1
or Level 2 acquisition project or program of the Coast Guard,
the Commandant shall include in the report a written
certification, with a supporting explanation, that--
``(1) the capability or asset or capability or asset class
to be acquired under the project or program is essential to
the accomplishment of Coast Guard missions;
``(2) there are no alternatives to such capability or asset
or capability or asset class which will provide equal or
greater capability in both a more cost-effective and timely
manner;
``(3) the new acquisition schedule and estimates for total
acquisition cost are reasonable; and
``(4) the management structure for the acquisition program
is adequate to manage and control performance, cost, and
schedule.

``Subchapter 3--Definitions

``581. Definitions

``In this chapter:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the House of
Representatives Committee on Transportation and
Infrastructure and the Senate Committee on Commerce, Science,
and Transportation.
``(2) Chief acquisition officer.--The term `Chief
Acquisition Officer' means the officer appointed under
section 55 of this title.
``(3) Commandant.--The term `Commandant' means the
Commandant of the Coast Guard.
``(4) Joint review board.--The term `Joint Review Board'
means the Department of Homeland Security's Investment Review
Board, Joint Requirements Council, or other entity within the
Department designated by the Secretary as the Joint Review
Board for purposes of this chapter.
``(5) Level 1 acquisition.--The term `Level 1 acquisition'
means--
``(A) an acquisition by the Coast Guard--
``(i) the estimated life-cycle costs of which exceed
$1,000,000,000; or
``(ii) the estimated total acquisition costs of which
exceed $300,000,000; or
``(B) any acquisition that the Chief Acquisition Officer of
the Coast Guard determines to have a special interest--
``(i) due to--

``(I) the experimental or technically immature nature of
the asset;
``(II) the technological complexity of the asset;
``(III) the commitment of resources; or
``(IV) the nature of the capability or set of capabilities
to be achieved; or

``(ii) because such acquisition is a joint acquisition.
``(6) Level 2 acquisition.--The term `Level 2 acquisition'
means an acquisition by the Coast Guard--
``(A) the estimated life-cycle costs of which are equal to
or less than $1,000,000,000, but greater than $300,000,000;
or
``(B) the estimated total acquisition costs of which are
equal to or less than $300,000,0000, but greater than
$100,000,000.
``(7) Life-cycle cost.--The term `life-cycle cost' means
all costs for development, procurement, construction, and
operations and support for a particular capability or asset,
without regard to funding source or management control.
``(8) Safety concern.--The term `safety concern' means any
hazard associated with a capability or asset or a subsystem
of a capability or asset that is likely to cause serious
bodily injury or death to a typical Coast Guard user in
testing, maintaining, repairing, or operating the capability,
asset, or subsystem or any hazard associated with the
capability, asset, or subsystem that is likely to cause major
damage to the capability, asset, or subsystem during the
course of its normal operation by a typical Coast Guard
user.''.
(b) Conforming Amendment.--The part analysis for part I of
title 14, United States Code, is amended by inserting after
the item relating to chapter 13 the following:

``15. Acquisitions...........................................561''.

SEC. 503. REPORT AND GUIDANCE ON EXCESS PASS-THROUGH CHARGES.

(a) Comptroller General Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall issue a
report on pass-through charges on contracts, subcontracts,
delivery orders, and task orders that were executed by a lead
systems integrator under contract to the Coast Guard during
the 3 full calendar years preceding the date of enactment of
this Act.
(2) Matters covered.--The report under this subsection--
(A) shall assess the extent to which the Coast Guard paid
excessive pass-through charges to contractors or
subcontractors that provided little or no value to the
performance of a contract or the production of a procured
asset; and
(B) shall assess the extent to which the Coast Guard has
been particularly vulnerable to excessive pass-through
charges on any specific category of contracts or by any
specific category of contractors.
(b) Guidance Required.--
(1) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall prescribe
guidance to ensure that pass-through charges on contracts,
subcontracts, delivery orders, and task orders that are
executed with a private entity acting as a lead systems
integrator by or on behalf of the Coast Guard are not
excessive in relation to the cost of work performed by the
relevant contractor or subcontractor. The guidance shall, at
a minimum--
(A) set forth clear standards for determining when no, or
negligible, value has been added to a contract by a
contractor or subcontractor;
(B) set forth procedures for preventing the payment by the
Government of excessive pass-through charges; and

[[Page 7629]]

(C) identify any exceptions determined by the Commandant to
be in the best interest of the Government.
(2) Scope of guidance.--The guidance prescribed under this
subsection--
(A) shall not apply to any firm, fixed-price contract or
subcontract, delivery order, or task order that is--
(i) awarded on the basis of adequate price competition, as
determined by the Commandant; or
(ii) for the acquisition of a commercial item, as defined
in section 4(12) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(12)); and
(B) may include such additional exceptions as the
Commandant determines to be necessary in the interest of the
United States.
(c) Excessive Pass-Through Charge Defined.--In this section
the term ``excessive pass-through charge'', with respect to a
contractor or subcontractor that adds no, or negligible,
value to a contract or subcontract, means a charge to the
Government by the contractor or subcontractor that is for
overhead or profit on work performed by a lower-tier
contractor or subcontractor, other than reasonable charges
for the direct costs of managing lower-tier contractors and
subcontracts and overhead and profit based on such direct
costs.
(d) Application of Guidance.--The guidance prescribed under
this section shall apply to contracts awarded to a private
entity acting as a lead systems integrator by or on behalf of
the Coast Guard on or after the date that is 360 days after
the date of enactment of this Act.

TITLE VI--SHIPPING AND NAVIGATION

SEC. 601. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46,
UNITED STATES CODE.

(a) In General.--Chapter 313 of title 46, United States
Code, is amended--
(1) by striking ``of Transportation'' in sections 31302,
31306, 31321, 31330, and 31343 each place it appears;
(2) by striking ``and'' after the semicolon in section
31301(5)(F);
(3) by striking ``office.'' in section 31301(6) and
inserting ``office; and''; and
(4) by adding at the end of section 31301 the following:
``(7) `Secretary' means the Secretary of the Department of
Homeland Security, unless otherwise noted.''.
(b) Secretary as Mortgagee.--Section 31308 of such title is
amended by striking ``When the Secretary of Commerce or
Transportation is a mortgagee under this chapter, the
Secretary'' and inserting ``The Secretary of Commerce or
Transportation, as a mortgagee under this chapter,''.
(c) Secretary of Transportation.--Section 31329(d) of such
title is amended by striking ``Secretary.'' and inserting
``Secretary of Transportation.''.
(d) Mortgagee.--
(1) Section 31330(a)(1) of such title, as amended by
subsection (a)(1) of this section, is amended--
(A) by inserting ``or'' after the semicolon in subparagraph
(B);
(B) by striking ``Secretary; or'' in subparagraph (C) and
inserting ``Secretary.''; and
(C) by striking subparagraph (D).
(2) Section 31330(a)(2) is amended--
(A) by inserting ``or'' after the semicolon in subparagraph
(B);
(B) by striking ``faith; or'' in subparagraph (C) and
inserting ``faith.''; and
(C) by striking subparagraph (D).

SEC. 602. CLARIFICATION OF RULEMAKING AUTHORITY.

(a) In General.--Chapter 701 of title 46, United States
Code, is amended by adding at the end the following:

``Sec. 70122. Regulations

``Unless otherwise provided, the Secretary may issue
regulations necessary to implement this chapter.''.
(b) Clerical Amendment.--The table of contents for chapter
701 of such title is amended by adding at the end the
following new item:

``70122. Regulations''.

SEC. 603. ICEBREAKERS.

(a) Analyses.--Not later than 90 days after the date of
enactment of this Act or the date of completion of the
ongoing High Latitude Study to assess polar ice-breaking
mission requirements, whichever occurs later, the Commandant
of the Coast Guard shall require a nongovernmental,
independent third party (other than the National Academy of
Sciences) which has extensive experience in the analysis of
military procurements to--
(1) conduct a comparative cost-benefit analysis, taking
into account future Coast Guard budget projections (which
assume Coast Guard budget growth of no more than inflation)
and other recapitalization needs, of--
(A) rebuilding, renovating, or improving the existing fleet
of polar icebreakers for operation by the Coast Guard,
(B) constructing new polar icebreakers for operation by the
Coast Guard,
(C) construction of new polar icebreakers by the National
Science Foundation for operation by the Foundation,
(D) rebuilding, renovating, or improving the existing fleet
of polar icebreakers by the National Science Foundation for
operation by the Foundation, and
(E) any combination of the activities described in
subparagraph (A), (B), (C), or (D) to carry out the missions
of the Coast Guard and the National Science Foundation;
(2) conduct an analysis of the impact on mission capacity
and the ability of the United States to maintain a presence
in the polar regions through the year 2020 if
recapitalization of the polar icebreaker fleet, either by
constructing new polar icebreakers or rebuilding, renovating,
or improving the existing fleet of polar icebreakers, is not
fully funded; and
(3) conduct a comprehensive analysis of the impact on all
Coast Guard activities, including operations, maintenance,
procurements, and end strength, of the acquisition of polar
icebreakers described in paragraph (1) by the Coast Guard or
the National Science Foundation assuming that total Coast
Guard funding will not increase more than the annual rate of
inflation.
(b) Reports to Congress.--
(1) Not later than one year and 90 days after the date of
enactment of this Act or the date of completion of the
ongoing High Latitude Study to assess polar ice-breaking
mission requirements, whichever occurs later, the Commandant
of the Coast Guard shall submit a report containing the
results of the study, together with recommendations the
Commandant deems appropriate under section 93(a)(24) of title
14, United States Code, to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure.
(2) Not later than 1 year after the date of enactment of
this Act, the Commandant shall submit reports containing the
results of the analyses required under paragraphs (1) and (2)
of subsection (a), together with recommendations the
Commandant deems appropriate under section 93(a)(24) of title
14, United States Code, to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure.

SEC. 604. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS
DEVELOPMENT.

Section 705 of the Security and Accountability for Every
Port Act of 2006 (Public Law 109-347; 120 Stat. 1945) is
amended to read as follows:

``SEC. 705. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS
DEVELOPMENT.

``(a) In General.--Notwithstanding section 12111(d) of
title 46, United States Code, a foreign-flag vessel may be
chartered by, or on behalf of, a lessee to be employed for
the setting, relocation, or recovery of anchors or other
mooring equipment of a mobile offshore drilling unit that is
located over the Outer Continental Shelf (as defined in
section 2(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(a)) for operations in support of exploration, or
flow-testing and stimulation of wells, for offshore mineral
or energy resources in the Beaufort Sea or the Chukchi Sea
adjacent to Alaska--
``(1) until December 31, 2012, if the Secretary of
Transportation determines, after publishing notice in the
Federal Register, that insufficient vessels documented under
section 12111(d) of title 46, United States Code, are
reasonably available and suitable for these support
operations and all such reasonably available and suitable
vessels are employed in support of such operations; and
``(2) for an additional 2-year period beginning January 1,
2013, if the Secretary of Transportation determines--
``(A) that, as of December 31, 2012, the lessee has entered
into a binding agreement to employ a suitable vessel or
vessels to be documented under such section 12111(d) in
sufficient numbers and with sufficient suitability to replace
any foreign-flag vessel or vessels operating under this
section; and
``(B) after publishing notice in the Federal Register, that
insufficient vessels documented under such section 12111(d)
are reasonably available and suitable for these support
operations and all such reasonably available and suitable
vessels are employed in support of such operations.
``(b) Lessee Defined.--In this section, the term `lessee'
means the holder of a lease (defined in section 2(c) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331(c)), who
has entered into a binding agreement to employ a suitable
vessel documented or to be documented under section 12111(d)
of title 46, United States Code.
``(c) Rule of Construction.--Nothing in subsection (a)
shall be construed to authorize employment in the coastwise
trade of a vessel that does not meet the requirements set
forth in section 12112 of title 46, United States Code.''.

TITLE VII--VESSEL CONVEYANCE

SEC. 701. SHORT TITLE.

This title may be cited as the ``Vessel Conveyance Act''.

SEC. 702. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC
PURPOSES.

(a) In General.--Whenever the transfer of ownership of a
Coast Guard vessel to an eligible entity for use for
educational, cultural, historical, charitable, recreational,
or other public purposes is authorized by law, the Coast
Guard shall transfer the vessel to the General Services
Administration for conveyance to the eligible entity.

[[Page 7630]]

(b) Conditions of Conveyance.--The General Services
Administration may not convey a vessel to an eligible entity
as authorized by law unless the eligible entity agrees--
(1) to provide the documentation needed by the General
Services Administration to process a request for aircraft or
vessels under section 102.37.225 of title 41, Code of Federal
Regulations;
(2) to comply with the special terms, conditions, and
restrictions imposed on aircraft and vessels under section
102-37.460 of such title;
(3) to make the vessel available to the United States
Government if it is needed for use by the Commandant of the
Coast Guard in time of war or a national emergency; and
(4) to hold the United States Government harmless for any
claims arising from exposure to hazardous materials,
including asbestos and polychlorinated biphenyls, after
conveyance of the vessel, except for claims arising from use
of the vessel by the United States Government under paragraph
(3).
(c) Eligible Entity Defined.--In this section, the term
``eligible entity'' means a State or local government,
nonprofit corporation, educational agency, community
development organization, or other entity that agrees to
comply with the conditions established under this section.

TITLE VIII--OIL POLLUTION PREVENTION

SEC. 801. RULEMAKINGS.

(a) Status Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall provide a report
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on the status of all Coast
Guard rulemakings required (but for which no final rule has
been issued as of the date of enactment of this Act) under
section 311 of the Federal Water Pollution Control Act (33
U.S.C. 1321).
(2) Information required.--The Secretary shall include in
the report required in paragraph (1)--
(A) a detailed explanation with respect to each such
rulemaking as to--
(i) what steps have been completed;
(ii) what areas remain to be addressed; and
(iii) the cause of any delays; and
(B) the date by which a final rule may reasonably be
expected to be issued.
(b) Final Rules.--The Secretary shall issue a final rule in
each pending rulemaking described in subsection (a) as soon
as practicable, but in no event later than 18 months after
the date of enactment of this Act.
(c) Towing vessels.--No later than 1 year after the date of
enactment of this Act, the Secretary shall issue a notice of
proposed rulemaking regarding inspection requirements for
towing vessels required under section 3306(j) of title 46,
United States Code. The Secretary shall issue a final rule
pursuant to that rulemaking no later than 2 years after the
date of enactment of this Act.

SEC. 802. OIL TRANSFERS FROM VESSELS.

(a) Regulations.--Within 1 year after the date of enactment
of this Act, the Secretary shall promulgate regulations to
reduce the risks of oil spills in operations involving the
transfer of oil from or to a tank vessel. The regulations--
(1) shall focus on operations that have the highest risks
of discharge, including operations at night and in inclement
weather;
(2) shall consider--
(A) requirements for the use of equipment, such as putting
booms in place for transfers, safety, and environmental
impacts;
(B) operational procedures such as manning standards,
communications protocols, and restrictions on operations in
high-risk areas; or
(C) both such requirements and operational procedures; and
(3) shall take into account the safety of personnel and
effectiveness of available procedures and equipment for
preventing or mitigating transfer spills.
(b) Application with State Laws.--The regulations
promulgated under subsection (a) do not preclude the
enforcement of any State law or regulation the requirements
of which are at least as stringent as requirements under the
regulations (as determined by the Secretary) that--
(1) applies in State waters;
(2) does not conflict with, or interfere with the
enforcement of, requirements and operational procedures under
the regulations; and
(3) has been enacted or promulgated before the date of
enactment of this Act.

SEC. 803. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR MISS
INCIDENTS.

(a) Report.--Within 1 year after the date of enactment of
this Act, the Secretary shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House Committee on Transportation and Infrastructure that,
using available data--
(1) identifies the types of human errors that, combined,
account for over 50 percent of all oil spills involving
vessels that have been caused by human error in the past 10
years;
(2) identifies the most frequent types of near-miss oil
spill incidents involving vessels such as collisions,
allisions, groundings, and loss of propulsion in the past 10
years;
(3) describes the extent to which there are gaps in the
data with respect to the information required under
paragraphs (1) and (2) and explains the reason for those
gaps; and
(4) includes recommendations by the Secretary to address
the identified types of errors and incidents to address any
such gaps in the data.
(b) Measures.--Based on the findings contained in the
report required by subsection (a), the Secretary shall take
appropriate action, both domestically and at the
International Maritime Organization, to reduce the risk of
oil spills caused by human error.
(c) Confidentiality of Voluntarily Submitted Information.--
The identity of a person making a voluntary disclosure under
this section, and any information obtained from any such
voluntary disclosure, shall be treated as confidential.
(d) Discovery of Voluntarily Submitted Information.--
(1) In general.--Except as provided in this subsection, a
party in a judicial proceeding may not use discovery to
obtain information or data collected or received by the
Secretary for use in the report required in subsection (a).
(2) Exception.--
(A) Notwithstanding paragraph (1), a court may allow
discovery by a party in a judicial proceeding of information
or data described in paragraph (1) if, after an in camera
review of the information or data, the court decides that
there is a compelling reason to allow the discovery.
(B) When a court allows discovery in a judicial proceeding
as permitted under this paragraph, the court shall issue a
protective order--
(i) to limit the use of the information or data to the
judicial proceeding; and
(ii) to prohibit dissemination of the information or data
to any person who does not need access to the information or
data for the proceeding.
(C) A court may allow information or data it has decided is
discoverable under this paragraph to be admitted into
evidence in a judicial proceeding only if the court places
the information or data under seal to prevent the use of the
information or data for a purpose other than for the
proceeding.
(3) Application.--Paragraph (1) shall not apply to--
(A) any disclosure made with actual knowledge that the
disclosure was false, inaccurate, or misleading; or
(B) any disclosure made with reckless disregard as to the
truth or falsity of that disclosure.

SEC. 804. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

(a) Olympic Coast National Marine Sanctuary Area To Be
Avoided.--The Secretary of the Department in which the Coast
Guard is operating and the Under Secretary of Commerce for
Oceans and Atmosphere shall revise the area to be avoided off
the coast of the State of Washington so that restrictions
apply to all vessels required to prepare a response plan
pursuant to section 311(j) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)) (other than fishing or
research vessels while engaged in fishing or research within
the area to be avoided).

SEC. 805. PREVENTION OF SMALL OIL SPILLS.

The Under Secretary of Commerce for Oceans and Atmosphere,
in consultation with the Secretary of the Department in which
the Coast Guard is operating and other appropriate agencies,
shall establish an oil spill prevention and education program
for small vessels. The program shall provide for assessment,
outreach, and training and voluntary compliance activities to
prevent and improve the effective response to oil spills from
vessels and facilities not required to prepare a vessel
response plan under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.), including recreational vessels,
commercial fishing vessels, marinas, and aquaculture
facilities. The Under Secretary may provide grants to sea
grant colleges and institutes designated under section 207 of
the National Sea Grant College Program Act (33 U.S.C. 1126)
and to State agencies, tribal governments, and other
appropriate entities to carry out--
(1) regional assessments to quantify the source, incidence
and volume of small oil spills, focusing initially on regions
in the country where, in the past 10 years, the incidence of
such spills is estimated to be the highest;
(2) voluntary, incentive-based clean marina programs that
encourage marina operators, recreational boaters, and small
commercial vessel operators to engage in environmentally
sound operating and maintenance procedures and best
management practices to prevent or reduce pollution from oil
spills and other sources;
(3) cooperative oil spill prevention education programs
that promote public understanding of the impacts of spilled
oil and provide useful information and techniques to minimize
pollution, including methods to remove oil and reduce oil
contamination of bilge water, prevent accidental spills
during maintenance and refueling and properly cleanup and
dispose of oil and hazardous substances; and
(4) support for programs, including outreach and education
to address derelict vessels and the threat of such vessels
sinking

[[Page 7631]]

and discharging oil and other hazardous substances, including
outreach and education to involve efforts to the owners of
such vessels.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Under Secretary of Commerce for
Oceans and Atmosphere to carry out this section, $10,000,000
for each of fiscal years 2010 through 2014.

SEC. 806. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.

(a) In General.--Within 6 months after the date of
enactment of this Act, the Secretary of the Department in
which the Coast Guard is operating shall complete the
development of a tribal consultation policy, which recognizes
and protects to the maximum extent practicable tribal treaty
rights and trust assets in order to improve the Coast Guard's
consultation and coordination with the tribal governments of
federally recognized Indian tribes with respect to oil spill
prevention, preparedness, response and natural resource
damage assessment.
(b) Inclusion of Tribal Government.--The Secretary of the
Department in which the Coast Guard is operating shall ensure
that, as soon as practicable after identifying an oil spill
that is likely to have a significant impact on natural or
cultural resources owned or directly utilized by a federally
recognized Indian tribe, the Coast Guard will--
(1) ensure that representatives of the tribal government of
the affected tribes are included as part of the incident
command system established by the Coast Guard to respond to
the spill;
(2) share information about the oil spill with the tribal
government of the affected tribe; and
(3) to the extent practicable, involve tribal governments
in deciding how to respond to the spill.
(c) Cooperative Arrangements.--The Coast Guard may enter
into memoranda of agreement and associated protocols with
Indian tribal governments in order to establish cooperative
arrangements for oil pollution prevention, preparedness, and
response. Such memoranda may be entered into prior to the
development of the tribal consultation and coordination
policy to provide Indian tribes grant and contract
assistance. Such memoranda of agreement and associated
protocols with Indian tribal governments may include--
(1) arrangements for the assistance of the tribal
government to participate in the development of the National
Contingency Plan and local Area Contingency Plans to the
extent they affect tribal lands, cultural and natural
resources;
(2) arrangements for the assistance of the tribal
government to develop the capacity to implement the National
Contingency Plan and local Area Contingency Plans to the
extent they affect tribal lands, cultural and natural
resources;
(3) provisions on coordination in the event of a spill,
including agreements that representatives of the tribal
government will be included as part of the regional response
team co-chaired by the Coast Guard and the Environmental
Protection Agency to establish policies for responding to oil
spills;
(4) arrangements for the Coast Guard to provide training of
tribal incident commanders and spill responders for oil spill
preparedness and response;
(5) demonstration projects to assist tribal governments in
building the capacity to protect tribal treaty rights and
trust assets from oil spills; and
(6) such additional measures the Coast Guard determines to
be necessary for oil pollution prevention, preparedness, and
response.
(d) Funding for Tribal Participation.--Subject to the
availability of appropriations, the Commandant of the Coast
Guard shall provide assistance to participating tribal
governments in order to facilitate the implementation of
cooperative arrangements under subsection (c) and ensure the
participation of tribal governments in such arrangements.
There are authorized to be appropriated to the Commandant
$500,000 for each of fiscal years 2010 through 2014 to be
used to carry out this section.

SEC. 807. REPORT ON AVAILABILITY OF TECHNOLOGY TO DETECT THE
LOSS OF OIL.

Within 1 year after the date of enactment of this Act, the
Secretary of the Department in which the Coast Guard is
operating shall submit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce on the
availability, feasibility, and potential cost of technology
to detect the loss of oil carried as cargo or as fuel on tank
and non-tank vessels greater than 400 gross tons.

SEC. 808. USE OF OIL SPILL LIABILITY TRUST FUND.

(a) In General.--Section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) not more than $15,000,000 in each fiscal year shall
be available to the Under Secretary of Commerce for Oceans
and Atmosphere for expenses incurred by, and activities
related to, response and damage assessment capabilities of
the National Oceanic and Atmospheric Administration;''.
(b) Audits; Annual Reports.--Section 1012 of the Oil
Pollution Act of 1990 (33 U.S.C. 2712) is amended--
(1) by striking subsection (g) and inserting the following:
``(g) Audits.--
```(1) In general.--The Comptroller General of the United
States shall conduct an audit, including a detailed
accounting of each disbursement from the Fund in excess of
$500,000 that is--
``(A) disbursed by the National Pollution Fund Center; and
``(B) administered and managed by the receiving Federal
agencies, including final payments made to agencies and
contractors and, to the extent possible, subcontractors.
``(2) Frequency.--The audits shall be conducted--
``(A) at least once every 3 years after the date of
enactment of the Coast Guard Authorization Act for Fiscal
Years 2010 and 2011 until 2016; and
``(B) at least once every 5 years after the last audit
conducted under subparagraph (A).
``(3) Submission of results.--The Comptroller shall submit
the results of each audit conducted under paragraph (1) to--
``(A) the Senate Committee on Commerce, Science, and
Transportation;
``(B) the House of Representatives Committee on
Transportation and Infrastructure; and
``(C) the Secretary or Administrator of each agency
referred to in paragraph (1)(B).''; and
(2) by adding at the end thereof the following:
``(h) Reports.--
``(1) In general.--Within one year after the date of
enactment of the Coast Guard Authorization Act for Fiscal
Years 2010 and 2011, and annually thereafter, the President,
through the Secretary of the Department in which the Coast
Guard is operating, shall--
``(A) provide a report on disbursements for the preceding
fiscal year from the Fund, regardless of whether those
disbursements were subject to annual appropriations, to--
``(i) the Senate Committee on Commerce, Science, and
Transportation; and
``(ii) the House of Representatives Committee on
Transportation and Infrastructure: and
``(B) make the report available to the public on the
National Pollution Funds Center Internet website.
``(2) Contents.--The report shall include--
``(A) a list of each disbursement of $250,000 or more from
the Fund during the preceding fiscal year; and
``(B) a description of how each such use of the Fund meets
the requirements of subsection (a).
``(3) Agency recordkeeping.--Each Federal agency that
receives amounts from the Fund shall maintain records
describing the purposes for which such funds were obligated
or expended in such detail as the Secretary may require for
purposes of the report required under paragraph (1).
``(i) Authorizations.--There are authorized to be
appropriated such sums as may be necessary to carry out
subsections (g) and (h).''.

SEC. 809. INTERNATIONAL EFFORTS ON ENFORCEMENT.

The Secretary, in consultation with the heads of other
appropriate Federal agencies, shall ensure that the Coast
Guard pursues stronger enforcement in the International
Maritime Organization of agreements related to oil
discharges, including joint enforcement operations, training,
and stronger compliance mechanisms.

SEC. 810. HIGHER VOLUME PORT AREA REGULATORY DEFINITION
CHANGE.

(a) In General.--Within 1 year after the date of enactment
of this Act, the Commandant shall initiate a rulemaking
proceeding to modify the definition of the term ``higher
volume port area'' in section 155.1020 of the Coast Guard
regulations (33 C.F.R. 155.1020) by striking ``Port Angeles,
WA'' in paragraph (13) of that section and inserting ``Cape
Flattery, WA''.
(b) Emergency Response Plan Reviews.--Within 5 years after
the date of enactment of this Act, the Coast Guard shall
complete its review of any changes to emergency response
plans under the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) resulting from the modification of the
higher volume port area definition required by subsection
(a).

SEC. 811. TUG ESCORTS FOR LADEN OIL TANKERS.

(a) Comparability Analysis.--
(1) In general.--Within 1 year after the date of enactment
of this Act, the Commandant, in consultation with the
Secretary of State, shall enter into negotiations with the
Government of Canada to update the comparability analysis
which serves as the basis for the Cooperative Vessel Traffic
Service agreement between the United States and Canada for
the management of maritime traffic in Puget Sound, the Strait
of Georgia, Haro Strait, Rosario Strait, and the Strait of
Juan de Fuca. The updated analysis shall, at a minimum,
consider--
(A) requirements for laden tank vessels to be escorted by
tug boats;

[[Page 7632]]

(B) vessel emergency response towing capability at the
entrance to the Strait of Juan de Fuca; and
(C) spill response capability throughout the shared water,
including oil spill response planning requirements for
vessels bound for one nation transiting in innocent passage
through the waters of the other nation.
(2) Consultation requirement.--In conducting the analysis
required under this subsection, the Commandant shall consult
with the State of Washington and affected tribal governments.
(3) Recommendations.--Within 18 months after the date of
enactment of this Act, the Commandant shall submit
recommendations based on the analysis required under this
subsection to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure. The recommendations shall
consider a full range of options for the management of
maritime traffic, including Federal legislation, promulgation
of Federal rules, and the establishment of cooperative
agreements for shared funding of spill prevention and
response systems.
(b) Dual Escort Vessels for Double Hulled Tankers in Prince
William Sound, Alaska.--
(1) In general.--Section 4116(c) of the Oil Pollution Act
of 1990 (46 U.S.C. 3703 note) is amended--
(A) by striking ``Not later than 6 months after the date of
the enactment of this Act, the'' and inserting ``(1) In
general.--The''; and
(B) by adding at the end the following:
``(2) Prince william sound, alaska.--
``(A) In general.--The requirement in paragraph (1)
relating to single hulled tankers in Prince William Sound,
Alaska, described in that paragraph being escorted by at
least 2 towing vessels or other vessels considered to be
appropriate by the Secretary (including regulations
promulgated in accordance with section 3703(a)(3) of title
46, United States Code, as set forth in part 168 of title 33,
Code of Federal Regulations (as in effect on March 1, 2009)
implementing this subsection with respect to those tankers)
shall apply to double hulled tankers over 5,000 gross tons
transporting oil in bulk in Prince William Sound, Alaska.
``(B) Implementation of requirements.--The Secretary of the
Federal agency with jurisdiction over the Coast Guard shall
carry out subparagraph (A) by order without notice and
hearing pursuant to section 553 of title 5 of the United
States Code.''.
(2) Effective Date.--The amendments made by subsection (b)
take effect on the date that is 90 days after the date of
enactment of this Act.
(c) Preservation of State Authority.--Nothing in this Act
or in any other provision of Federal law related to the
regulation of maritime transportation of oil shall affect, or
be construed or interpreted as preempting, the laws or
regulations of any State or political subdivision thereof in
effect on the date of enactment of this Act which require the
escort by one or more tugs of laden oil tankers in the areas
other than Prince William Sound which are specified in
section 4116(c) of the Oil Pollution Act of 1990 (46 U.S.C.
3703 note).

SEC. 812. EXTENSION OF FINANCIAL RESPONSIBILITY.

Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C.
2716(a)) is amended--
(1) by striking ``or'' after the semicolon in paragraph
(1);
(2) by inserting ``or'' after the semicolon in paragraph
(2); and
(3) by inserting after paragraph (2) the following:
``(3) any tank vessel over 100 gross tons (except a non-
self-propelled vessel that does not carry oil as cargo) using
any place subject to the jurisdiction of the United
States;''.

SEC. 813. OIL SPILL LIABILITY TRUST FUND INVESTMENT AMOUNT.

Within 30 days after the date of enactment of this Act, the
Secretary of the Treasury shall increase the amount invested
in income producing securities under section 5006(b) of the
Oil Pollution Act of 1990 (33 U.S.C. 2736(b)) by $12,851,340.

SEC. 814. LIABILITY FOR USE OF SINGLE-HULL VESSELS.

Section 1001(32)(A) of the Oil Pollution Act of 1990 (33
U.S.C. 2701(32)(A)) is amended by inserting ``In the case of
a vessel, the term `responsible party' also includes the
owner of oil being transported in a tank vessel with a single
hull after December 31, 2010 (other than a vessel described
in section 3703a(b)(3) of title 46, United States Code).''
after ``vessel.''.

TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. VESSEL DETERMINATION.

(a) Vessels Deemed To Be New Vessels.--The vessel with
United States official number 981472 and the vessel with
United States official number 988333 shall each be deemed to
be a new vessel effective upon the date of delivery after
January 1, 2008, from a privately-owned United States
shipyard if no encumbrances are on record with the United
States Coast Guard at the time of the issuance of the new
vessel certificate of documentation for such vessel.
(b) Safety Inspection.--Each vessel shall be subject to the
vessel safety and inspection requirements of title 46, United
States Code, applicable to any such vessel as of the day
before the date of enactment of this Act.

SEC. 902. CONVEYANCE OF THE PRESQUE ISLE LIGHT STATION
FRESNEL LENS TO PRESQUE ISLE TOWNSHIP,
MICHIGAN.

(a) Conveyance of Lens Authorized.--
(1) Transfer of possession.--Notwithstanding any other
provision of law, the Commandant of the Coast Guard may
transfer to Presque Isle Township, a township in Presque Isle
County in the State of Michigan (in this section referred to
as the ``Township''), possession of the Historic Fresnel Lens
(in this section referred to as the ``Lens'') from the
Presque Isle Light Station Lighthouse, Michigan (in this
section referred to as the ``Lighthouse'').
(2) Condition.--As a condition of the transfer of
possession authorized by paragraph (1), the Township shall,
not later than one year after the date of transfer, install
the Lens in the Lighthouse for the purpose of operating the
Lens and Lighthouse as a Class I private aid to navigation
pursuant to section 85 of title 14, United States Code, and
the applicable regulations under that section.
(3) Conveyance of lens.--Upon the certification of the
Commandant that the Township has installed the Lens in the
Lighthouse and is able to operate the Lens and Lighthouse as
a private aid to navigation as required by paragraph (2), the
Commandant shall convey to the Township all right, title, and
interest of the United States in and to the Lens.
(4) Cessation of united states operations of aids to
navigation at lighthouse.--Upon the making of the
certification described in paragraph (3), all active Federal
aids to navigation located at the Lighthouse shall cease to
be operated and maintained by the United States.
(b) Reversion.--
(1) Reversion for failure of aid to navigation.--If the
Township does not comply with the condition set forth in
subsection (a)(2) within the time specified in that
subsection, the Township shall, except as provided in
paragraph (2), return the Lens to the Commandant at no cost
to the United States and under such conditions as the
Commandant may require.
(2) Exception for historical preservation.--Notwithstanding
the lack of compliance of the Township as described in
paragraph (1), the Township may retain possession of the Lens
for installation as an artifact in, at, or near the
Lighthouse upon the approval of the Commandant. The Lens
shall be retained by the Township under this paragraph under
such conditions for the preservation and conservation of the
Lens as the Commandant shall specify for purposes of this
paragraph. Installation of the Lens under this paragraph
shall occur, if at all, not later than two years after the
date of the transfer of the Lens to the Township under
subsection (a)(1).
(3) Reversion for failure of historical preservation.--If
retention of the Lens by the Township is authorized under
paragraph (2) and the Township does not install the Lens in
accordance with that paragraph within the time specified in
that paragraph, the Township shall return the lens to the
Coast Guard at no cost to the United States and under such
conditions as the Commandant may require.
(c) Conveyance of Additional Personal Property.--
(1) Transfer and conveyance of personal property.--
Notwithstanding any other provision of law, the Commandant
may transfer to the Township any additional personal property
of the United States related to the Lens that the Commandant
considers appropriate for conveyance under this section. If
the Commandant conveys the Lens to the Township under
subsection (a)(3), the Commandant may convey to the Township
any personal property previously transferred to the Township
under this subsection.
(2) Reversion.--If the Lens is returned to the Coast Guard
pursuant to subsection (b), the Township shall return to the
Coast Guard all personal property transferred or conveyed to
the Township under this subsection except to the extent
otherwise approved by the Commandant.
(d) Conveyance Without Consideration.--The conveyance of
the Lens and any personal property under this section shall
be without consideration.
(e) Delivery of Property.--The Commandant shall deliver
property conveyed under this section--
(1) at the place where such property is located on the date
of the conveyance;
(2) in condition on the date of conveyance; and
(3) without cost to the United States.
(f) Maintenance of Property.--As a condition of the
conveyance of any property to the Township under this
section, the Commandant shall enter into an agreement with
the Township under which the Township agrees--
(1) to operate the Lens as a Class I private aid to
navigation under section 85 of title 14, United States Code,
and application regulations under that section; and
(2) to hold the United States harmless for any claim
arising with respect to personal property conveyed under this
section.

[[Page 7633]]

(g) Limitation on Future Conveyance.--The instruments
providing for the conveyance of property under this section
shall--
(1) require that any further conveyance of an interest in
such property may not be made without the advance approval of
the Commandant; and
(2) provide that, if the Commandant determines that an
interest in such property was conveyed without such
approval--
(A) all right, title, and interest in such property shall
revert to the United States, and the United States shall have
the right to immediate possession of such property; and
(B) the recipient of such property shall pay the United
States for costs incurred by the United States in recovering
such property.
(h) Additional Terms and Conditions.--The Commandant may
require such additional terms and conditions in connection
with the conveyances authorized by this section as the
Commandant considers appropriate to protect the interests of
the United States.

SEC. 903. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE
COUNTY, MICHIGAN, TO THE CITY OF MARQUETTE,
MICHIGAN.

(a) Conveyance Authorized.--The Commandant of the Coast
Guard may convey, without consideration, to the City of
Marquette, Michigan (in this section referred to as the
``City''), all right, title, and interest of the United
States in and to a parcel of real property, together with any
improvements thereon, located in Marquette County, Michigan,
that is under the administrative control of the Coast Guard,
consists of approximately 5.5 acres, and is commonly
identified as Coast Guard Station Marquette and Lighthouse
Point.
(b) Retention of Certain Easements.--In conveying the
property under subsection (a), the Commandant of the Coast
Guard may retain such easements over the property as the
Commandant considers appropriate for access to aids to
navigation.
(c) Limitations.--The property to be conveyed by subsection
(a) may not be conveyed under that subsection until--
(1) the Coast Guard has relocated Coast Guard Station
Marquette to a newly constructed station;
(2) any environmental remediation required under Federal
law with respect to the property has been completed; and
(3) the Commandant of the Coast Guard determines that
retention of the property by the United States is not
required to carry out Coast Guard missions or functions.
(d) Conditions of Transfer.--All conditions placed within
the deed of title of the property to be conveyed under
subsection (a) shall be construed as covenants running with
the land.
(e) Inapplicability of Screening or Other Requirements.--
The conveyance of property authorized by subsection (a) shall
be made without regard to the following:
(1) Section 2696 of title 10, United States Code.
(2) Chapter 5 of title 40, United States Code.
(3) Any other provision of law relating to the screening,
evaluation, or administration of excess or surplus Federal
property prior to conveyance by the Administrator of General
Services.
(f) Expiration of Authority.--The authority in subsection
(a) shall expire on the date that is five years after the
date of the enactment of this Act.
(g) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Commandant of the Coast Guard. The cost of the survey shall
be borne by the United States.
(h) Additional Terms and Conditions.--The Commandant of the
Coast Guard may require such additional terms and conditions
in connection with the conveyance authorized by subsection
(a) as the Commandant considers appropriate to protect the
interests of the United States.

SEC. 904. OFFSHORE SUPPLY VESSELS.

(a) Removal of Tonnage Limits.--
(1) Definition.--
(A) Section 2101(19) of title 46, United States Code, is
amended by striking ``of more than 15 gross tons but less
than 500 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302
of this title as prescribed by the Secretary under section
14104 of this title''.
(B) Exemption.--Section 5209(b)(1) of the Oceans Act of
1992 (Public Law 102-587; 46 U.S.C. 2101 note) is amended by
striking ``vessel.'' and inserting ``vessel of less than 500
gross tons as measured under section 14502 of title 46,
United States Code, or an alternate tonnage measured under
section 14302 of such title as prescribed by the Secretary
under section 14104 of such title.''.
(2) Application.--Section 3702(b) of title 46, United
States Code, is amended by striking paragraph (1) and
redesignating paragraphs (2) and (3) as paragraphs (1) and
(2), respectively.
(b) Scale of Employment: Able Seamen.--Section 7312(d) of
title 46, United States Code, is amended to read as follows:
``(d) Individuals qualified as able seamen--offshore supply
vessels under section 7310 of this title may constitute all
of the able seamen required on board a vessel of less than
500 gross tons as measured under section 14502 of this title
or an alternate tonnage as measured under section 14302 of
this title as prescribed by the Secretary under section 14104
of this title engaged in support of exploration,
exploitation, or production of offshore mineral or energy
resources. Individuals qualified as able seamen--limited
under section 7308 of this title may constitute all of the
able seamen required on board a vessel of at least 500 gross
tons as measured under section 14502 of this title or an
alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this
title engaged in support of exploration, exploitation, or
production of offshore mineral or energy resources.''.
(c) Minimum Number of Licensed Individuals.--Section
8301(b) of title 46, United States Code, is amended to read
as follows:
``(b)(1) An offshore supply vessel of less than 500 gross
tons as measured under section 14502 of this title or 6,000
gross tons as measured under section 14302 of this title on a
voyage of less than 600 miles shall have a licensed mate. If
the vessel is on a voyage of at least 600 miles, however, the
vessel shall have 2 licensed mates.
``(2) An offshore supply vessel shall have at least one
mate. Additional mates on an offshore supply vessel of at
least 6,000 gross tons as measured under section 14302 of
this title shall be prescribed in accordance with hours of
service requirements (including recording and record keeping
of that service) prescribed by the Secretary.
``(3) An offshore supply vessel of more than 200 gross tons
as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this
title, may not be operated without a licensed engineer.''.
(d) Watches.--Section 8104(g) of title 46, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following:
``(2) Paragraph (1) applies to an offshore supply vessel of
at least 6,000 gross tons as measured under section 14302 of
this title if the individuals engaged on the vessel are in
compliance with hours of service requirements (including
recording and record-keeping of that service) as prescribed
by the Secretary.''.
(e) Oil Fuel Tank Protection.--
(1) Application.--An offshore supply vessel of at least
6,000 gross tons as measured under section 14302 of this
title that is constructed under a contract entered into after
the date of enactment of this Act, or that is delivered after
August 1, 2010, with an aggregate capacity of 600 cubic
meters or more of oil fuel, shall comply with the
requirements of Regulation 12A under Annex I to the Protocol
of 1978 relating to the International Convention for the
Prevention of Pollution from Ships, 1973, entitled Oil Fuel
Tank Protection, regardless of whether such vessel is engaged
in the coastwise trade or on an international voyage.
(2) Definition.--In this subsection the term ``oil fuel''
means any oil used as fuel in connection with the propulsion
and auxiliary machinery of the vessel in which such oil is
carried.
(f) Regulations.--
(1) In general.--Not later than January 1, 2012, the
Secretary of the department in which the Coast Guard is
operating shall promulgate regulations to implement the
amendments and authorities enacted by this section for
offshore supply vessels of at least 6,000 gross tons as
measured under section 14302 of title 46, United States Code,
and to ensure the safe carriage of oil, hazardous substances,
and individuals in addition to the crew on such vessels. The
final rule issued pursuant to such rulemaking may supersede
the interim final rule promulgated under paragraph (2) of
this subsection. In promulgating regulations under this
subsection, the Secretary shall take into consideration the
characteristics of offshore supply vessels, their methods of
operation, and their service in support of exploration,
exploitation, or production of offshore mineral or energy
resources.
(2) Interim final rule authority.--As soon as is
practicable and without regard to the provisions of chapters
5 and 6 of title 5, United States Code, the Secretary shall
issue an interim final rule as a temporary regulation
implementing this section (including the amendments made by
this section) for offshore supply vessels of at least 6,000
gross tons as measured under section 14302 of title 46,
United States Code, and to ensure the safe carriage of oil,
hazardous substances, and individuals in addition to the crew
on such vessels.
(3) Interim period.--After the effective date of this Act,
prior to the effective date of the regulations prescribed by
paragraph (2) of this subsection, and without regard to the
provisions of chapters 5 and 6 of title 5, United States
Code, and the offshore supply vessel tonnage limits of
applicable regulations and policy guidance promulgated prior
to the date of enactment of this Act, the Secretary may--
(A) issue a certificate of inspection under section 3309 of
title 46, United States Code, to an offshore supply vessel of
at least 6,000 gross tons as measured under section 14302 of

[[Page 7634]]

this title if the Secretary determines that such vessel's
arrangements and equipment meet the current Coast Guard
requirements for certification as a cargo and miscellaneous
vessel; and
(B) authorize a master, mate or engineer who possesses an
ocean or near coastal license under part 10 of subchapter B
of title 46, Code of Federal Regulations, (or any successor
regulation) which qualifies the licensed officer for service
on offshore supply vessels of more than 3,000 gross tons, as
measured under section 14302 of title 46, United States Code,
to operate offshore supply vessels of 6,000 gross tons or
greater, as measured under such section.

SEC. 905. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION AND
TRAFFIC FLOW.

(a) Information on Usage.--Within 60 days after the date of
enactment of this Act, the Commandant of the Coast Guard
shall--
(1) determine the types and numbers of vessels typically
transiting or utilizing that portion of the Atlantic
Intracoastal Waterway beginning at a point that is due East
of the outlet of the Cutler Drain Canal C-100 in Dade County,
Florida, and ending at the Dade County line, during a period
of 30 days; and
(2) provide the information on usage compiled under this
subsection to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure.
(b) Assessment of Certain Aids to Navigation.--Within 90
days after the date of enactment of this Act, the Commandant
of the Coast Guard shall--
(1) review and assess the buoys, markers, and other aids to
navigation in and along that portion of the Atlantic
Intracoastal Waterway specified in subsection (a), to
determine the adequacy and sufficiency of such aids, and the
need to replace such aids, install additional aids, or both;
and
(2) submit a report on the assessment required by this
section to the committees.
(c) Submission of Plan.--Within 180 days after the date of
enactment of this Act, the Commandant shall submit a plan to
the committees to address the needs identified under
subsection (b).

SEC. 906. ALTERNATIVE LICENSING PROGRAM FOR OPERATORS OF
UNINSPECTED PASSENGER VESSELS ON LAKE TEXOMA IN
TEXAS AND OKLAHOMA.

(a) In General.--Upon the request of the Governor of the
State of Texas or the Governor of the State of Oklahoma, the
Secretary of the department in which the Coast Guard is
operating shall enter into an agreement with the Governor of
the State whereby the State shall license operators of
uninspected passenger vessels operating on Lake Texoma in
Texas and Oklahoma in lieu of the Secretary issuing the
license pursuant to section 8903 of title 46, United States
Code, and the regulations issued thereunder, but only if the
State plan for licensing the operators of uninspected
passenger vessels--
(1) meets the equivalent standards of safety and protection
of the environment as those contained in subtitle II of title
46, United States Code, and regulations issued thereunder;
(2) includes--
(A) standards for chemical testing for such operators;
(B) physical standards for such operators;
(C) professional service and training requirements for such
operators; and
(D) criminal history background check for such operators;
(3) provides for the suspension and revocation of State
licenses;
(4) makes an individual, who is ineligible for a license
issued under title 46, United States Code, ineligible for a
State license; and
(5) provides for a report that includes--
(A) the number of applications that, for the preceding
year, the State rejected due to failure to--
(i) meet chemical testing standards;
(ii) meet physical standards;
(iii) meet professional service and training requirements;
and
(iv) pass criminal history background check for such
operators;
(B) the number of licenses that, for the preceding year,
the State issued;
(C) the number of license investigations that, for the
preceding year, the State conducted;
(D) the number of licenses that, for the preceding year,
the State suspended or revoked, and the cause for such
suspensions or revocations; and
(E) the number of injuries, deaths, collisions, and loss or
damage associated with uninspected passenger vessels
operations that, for the preceding year, the State
investigated.
(b) Administration.--
(1) The Governor of the State may delegate the execution
and enforcement of the State plan, including the authority to
license and the duty to report information pursuant to
subsection (a), to any subordinate State officer. The
Governor shall provide, to the Secretary, written notice of
any delegation.
(2) The Governor (or the Governor's designee) shall provide
written notice of any amendment to the State plan no less
than 45 days prior to the effective date of such amendment.
(3) At the request of the Secretary, the Governor of the
State (or the Governor's designee) shall grant, on a biennial
basis, the Secretary access to State records and State
personnel for the purpose of auditing State execution and
enforcement of the State plan.
(c) Application.--
(1) The requirements of section 8903 of title 46, United
States Code, and the regulations issued thereunder shall not
apply to any person operating under the authority of a State
license issued pursuant to an agreement under this section.
(2) The State shall not compel a person, operating under
the authority of a license issued either by another State,
pursuant to a valid agreement under this section, or by the
Secretary, pursuant to section 8903 of title 46, United
States Code, to--
(A) hold a license issued by the State, pursuant to an
agreement under this section; or
(B) pay any fee, associated with licensing, because the
person does not hold a license issued by the State, pursuant
to an agreement under this section.

Nothing in this paragraph shall limit the authority of the
State to impose requirements or fees for privileges, other
than licensing, that are associated with the operation of
uninspected passenger vessels on Lake Texoma.
(3) For the purpose of enforcement, if an individual is
issued a license--
(A) by a State, pursuant to an agreement entered into under
to this section, or
(B) by the Secretary, pursuant to section 8903 of title 46,
United States Code,

then the individual shall be entitled to lawfully operate an
uninspected passenger vessel on Lake Texoma in Texas and
Oklahoma without further requirement to hold an additional
operator's license.
(d) Termination.--
(1) If--
(A) the Secretary finds that the State plan for the
licensing the operators of uninspected passenger vessels--
(i) does not meet the equivalent standards of safety and
protection of the environment as those contained in subtitle
II of title 46, United States Code, and regulations issued
thereunder,
(ii) does not include--

(I) standards for chemical testing for such operators,
(II) physical standards for such operators,
(III) professional service and training requirements for
such operators, or
(IV) background and criminal investigations for such
operators,

(iii) does not provide for the suspension and revocation of
State licenses, or
(iv) does not make an individual, who is ineligible for a
license issued under title 46, United States Code, ineligible
for a State license, or
(B) the Governor (or the Governor's designee) fails to
report pursuant to subsection (b),

the Secretary shall terminate the agreement authorized by
this section, if the Secretary provides written notice to the
Governor of the State 60 days in advance of termination. The
findings of fact and conclusions of the Secretary, if based
on a preponderance of the evidence, shall be conclusive.
(2) The Governor of the State may terminate the agreement
authorized by this section, if the Governor provides written
notice to the Secretary 60 days in advance of the termination
date.
(e) Existing Authority.--Nothing in this section shall
affect or diminish the authority or jurisdiction of any
Federal or State officer to investigate, or require reporting
of, marine casualties.
(f) Uninspected Passenger Vessel Defined.--In this section
the term ``uninspected passenger vessel'' has the meaning
that term has in section 2101(42)(B) of title 46, United
States Code.

TITLE X--BUDGETARY EFFECTS

SEC. 1001. BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
______

SA 3913. Mr. WHITEHOUSE (for Mr. Gregg) proposed an amendment to the
resolution S. Res. 480, condemning the continued detention of Burmese
democracy leader Daw Aung San Suu Kyi and calling on the military
regime in Burma to permit a credible and fair election process and the
transition to civilian, democratic rule; as follows:

On page 2, beginning on line 7, strike ``the National
League for Democracy and other opposition groups,'' and
insert ``all political groups and individuals dedicated to
democratic ideals,''.
On page 3, beginning on line 9, strike ``(including the
People's Republic of China, the Association of Southeast
Asian Nations, and the United Nations Security Council)'' and
insert ``, as appropriate, in order''.

[[Page 7635]]

On page 3, line 17, strike ``the National League for
Democracy and''.
______

SA 3914. Mr. CHAMBLISS submitted an amendment intended to be proposed
to amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself
and Mrs. Lincoln)) to the bill S. 3217, to promote the financial
stability of the United States by improving accountability and
transparency in the financial system, to end ``too big to fail'', to
protect the American taxpayer by ending bailouts, to protect consumers
from abusive financial services practices, and for other purposes;
which was ordered to lie on the table; as follows:

Beginning on page 539, strike line 14 and all that follows
through page 541, line 24, and insert the following:
``(33) Major swap participant.--
``(A) In general.--The term `major swap participant' means
any person who is not a swap dealer, and--
``(i)(I) maintains a substantial net position in swaps for
any of the major swap categories as determined by the
Commission, excluding--

``(aa) positions held for hedging or mitigating commercial
risk, including operating risk and balance sheet risk, of
such person or its affiliates; and
``(bb) positions maintained by any employee benefit plan
(or any contract held by such a plan) as defined in
paragraphs (3) and (32) of section 3 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002) for
the primary purpose of hedging or mitigating any risk
directly associated with the operation of the plan; and

``(II) whose outstanding swaps create substantial net
counterparty exposure that could have serious adverse effects
on the financial stability of the United States banking
system or financial markets; or
``(ii)(I) is a financial entity, other than an entity
predominantly engaged in providing customer financing for the
purchase of an affiliate's merchandise or manufactured goods,
that is highly leveraged relative to the amount of capital it
holds;
``(II) maintains a substantial net position in outstanding
swaps in any major swap category as determined by the
Commission; and
``(III) whose outstanding swaps create substantial net
counterparty exposure that could have serious adverse effects
on the financial stability of the United States banking
system or financial markets.
``(B) Definition of substantial net position.--For purposes
of subparagraph (A), the Commission shall define by rule or
regulation the term `substantial net position' to mean a
position after application of legally enforceable netting or
collateral arrangements that meets a threshold the Commission
determines to be prudent for the effective monitoring,
management, and oversight of entities that are systemically
important or can significantly impact the financial system of
the United States.
``(C) Scope of designation.--For purposes of subparagraph
(A), a person may be designated as a major swap participant
for 1 or more categories of swaps without being classified as
a major swap participant for all classes of swaps.
``(D) Capital.--In setting capital requirements for a
person that is designated as a major swap participant for a
single type or single class or category of swaps or
activities, the prudential regulator and the Commission shall
take into account the risks associated with other types of
swaps or classes of swaps or categories of swaps engaged in
by virtue of the status of the person as a major swap
participant.'';
______

SA 3915. Mr. CHAMBLISS submitted an amendment intended to be proposed
to amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself
and Mrs. Lincoln)) to the bill S. 3217, to promote the financial
stability of the United States by improving accountability and
transparency in the financial system, to end ``too big to fail'', to
protect the American taxpayer by ending bailouts, to protect consumers
from abusive financial services practices, and for other purposes;
which was ordered to lie on the table; as follows:

Beginning on page 555, strike line 16 and all that follows
through page 557, line 2, and insert the following:
``(49) Swap dealer.--
``(A) In general.--The term `swap dealer' means any person
who--
``(i) holds itself out as a dealer in swaps;
``(ii) makes a market in swaps;
``(iii) regularly engages in the purchase and sale of swaps
to customers as its ordinary course of business; and
``(iv) engages in any activity causing the person to be
commonly known in the trade as a dealer or market maker in
swaps.
``(B) Inclusion.--A person may be designated as a swap
dealer for a single type or single class or category of swap
or activities and considered not to be a swap dealer for
other types, classes, or categories of swaps or activities.
``(C) Capital.--In setting capital requirements for a
person that is designated as a swap dealer for a single type
or single class or category of swap or activities, the
prudential regulator and the Commission shall take into
account the risks associated with other types of swaps or
classes of swaps or categories of swaps engaged in by virtue
of the status of the person as a swap dealer.
``(D) Exception.--The term `swap dealer' does not include a
person that buys or sells swaps for such person's own
account, either individually or in a fiduciary capacity, or
on behalf of any affiliates of such person, unless it does so
as a market maker and as a part of a regular business.
______

SA 3916. Mr. CHAMBLISS submitted an amendment intended to be proposed
to amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself
and Mrs. Lincoln)) to the bill S. 3217, to promote the financial
stability of the United States by improving accountability and
transparency in the financial system, to end ``too big to fail,'' to
protect the American taxpayer by ending bailouts, to protect consumers
from abusive financial services practices, and for other purposes;
which was ordered to lie on the table; as follows:

Beginning on page 566, strike line 8 and all that follows
through page 584, line 7, and insert the following:
(3) Mandatory clearing of swaps.--Section 2 of the
Commodity Exchange Act (7 U.S.C. 2) is amended by inserting
after subsection (g) (as redesignated by paragraph (1)(B))
the following:
``(h) Clearing Requirement.--
``(1) Open access.--The rules of a registered derivatives
clearing organization shall--
``(A) prescribe that all swaps with the same terms and
conditions are economically equivalent and may be offset with
each other within the derivatives clearing organization; and
``(B) provide for nondiscriminatory clearing of a swap
executed bilaterally or on or through the rules of an
unaffiliated designated contract market or swap execution
facility, subject to the requirements of section 5(b).
``(2) Swaps subject to mandatory clearing requirement.--
``(A) In general.--In accordance with subparagraph (B), the
Commission shall, jointly with the Securities and Exchange
Commission and the Federal Reserve Board of Governors, adopt
rules to establish criteria for determining that a swap or
group, category, type, or class of swap is required to be
cleared.
``(B) Factors.--In carrying out subparagraph (A), the
following factors shall be considered:
``(i) Whether 1 or more derivatives clearing organizations
or clearing agencies accepts the swap or group, category,
type, or class of swap for clearing.
``(ii) Whether the swap or group, category, type, or class
of swap is traded pursuant to standard documentation and
terms.
``(iii) The liquidity of the swap or group, category, type,
or class of swap and its underlying commodity, security,
security of a reference entity, or group or index thereof.
``(iv) The ability to value the swap or group, category,
type, or class of swap and its underlying commodity,
security, security of a reference entity, or group or index
thereof consistent with an accepted pricing methodology,
including the availability of intraday prices.
``(v) The size of the market for the swap or group,
category, type, or class of swap and the available capacity,
operational expertise, and resources of the derivatives
clearing organization or clearing agency that accepts it for
clearing.
``(vi) Whether a clearing mandate would mitigate risk to
the financial system or whether it would unduly concentrate
risk in a clearing participant, derivatives clearing
organization, or clearing agency in a manner that could
threaten the solvency of that clearing participant, the
derivatives clearing organization, or the clearing agency.
``(vii) Such other factors as the Commission, the
Securities and Exchange Commission, and the Federal Reserve
Board of Governors jointly may determine are relevant.
``(C) Swaps subject to clearing requirement.--The
Commission--
``(i) shall review each swap, or any group, category, type,
or class of swap that is currently listed for clearing and
those which a derivatives clearing organization notifies the
Commission that the derivatives clearing organization plans
to list for clearing after the date of enactment of this
subsection;
``(ii) except as provided in paragraph (3), may require,
pursuant to the rules adopted under subparagraph (A) and
through notice-and-comment rulemaking, that a particular
swap, group, category, type, or class of swap must be
cleared; and
``(iii) shall rely on economic analysis provided by
economists of the Commission in making any determination
under clause (ii).

[[Page 7636]]

``(D) Effect.--
``(i) In general.--Nothing in this paragraph affects the
ability of a derivatives clearing organization to list for
permissive clearing any swap, or group, category, type, or
class of swaps.
``(ii) Prohibition.--The Commission shall not compel a
derivatives clearing organization to list a swap, group,
category, type, or class of swap for clearing if the
derivatives clearing organization determines that the swap,
group, category, type, or class of swap would adversely
impact its business operations, or impair the financial
integrity of the derivatives clearing organization.
``(iii) Required exemption.--The Commission shall exempt a
swap from the requirements of subparagraph (C), if no
derivatives clearing organization registered under this Act
or no derivatives clearing organization that is exempt from
registration under section 5b(j) of this Act will accept the
swap for clearing.
``(E) Prevention of evasion.--The Commission may prescribe
rules, or issue interpretations of such rules, as necessary
to prevent evasions of any requirement to clear under
subparagraph (C). In issuing such rules or interpretations,
the Commission shall consider--
``(i) the extent to which the terms of the swap, group,
category, type, or class of swap are similar to the terms of
other swaps, groups, categories, types, or classes of swap
that are required to be cleared by swap participants under
subparagraph (C); and
``(ii) whether there is an economic purpose for any
differences in the terms of the swap or group, category,
type, or class of swap that are required to be cleared by
swap participants under subparagraph (C).
``(F) Elimination of requirement to clear.--The Commission
may, pursuant to the rules adopted under subparagraph (A) and
through notice-and-comment rulemaking, rescind a requirement
imposed under subparagraph (C) with respect to a swap, group,
category, type, or class of swap.
``(G) Petition for rulemaking.--Any person may file a
petition, pursuant to the rules of practice of the
Commission, requesting that the Commission use its authority
under subparagraph (C) to require clearing of a particular
swap, group, category, type, or class of swap or to use its
authority under subparagraph (F) to rescind a requirement for
swap participants to clear a particular swap, group,
category, type, or class of swap.
``(H) Foreign exchange forwards, swaps, and options.--
Foreign exchange forwards, swaps, and options shall not be
subject to a clearing requirement under subparagraph (C)
unless the Department of the Treasury and the Board of
Governors determine that such a requirement is appropriate
after considering whether there exists an effective
settlement system for such foreign exchange forwards, swaps,
and options and any other factors that the Department of the
Treasury and the Board of Governors deem to be relevant.
``(3) End user clearing exemption.--
``(A) Definitions.--In this paragraph:
``(i) Commercial end user.--The term `commercial end user'
means any person who, as its primary business activity owns,
operates, uses, produces, processes, develops, leases,
manufacturers, distributes, merchandises, provides or markets
goods, services, physical assets, or commodities (which shall
include but not be limited to coal, natural gas, electricity,
biofuels, crude oil, gasoline, propane, distillates, and
other hydrocarbons) either individually or in a fiduciary
capacity.
``(ii) Financial entity end user.--

``(I) In general.--The term `financial entity end user'
means any person predominately engaged in activities that are
financial in nature, as determined by the Commission.
``(II) Exclusions.--The term `financial entity end user'
does not include--

``(aa) any person who is a swap dealer, security-based swap
dealer, major swap participant, major security-based swap
participant;
``(bb) an investment fund that would be an investment
company (as defined in section 3 of the Investment Company
Act o f 1940 (15 U.S.C. 80a-3)) but for paragraph (1) or (7)
of section 3(c) of that Act (15 U.S.C. 80a-3(c)); and is not
a partnership or other entity or any subsidiary that is
primarily invested in physical assets (which shall include
but not be limited to commercial real estate) directly or
through interests in partnerships or limited liability
companies that own such assets;
``(cc) entities defined in section 1303(20) of the Federal
Housing Enterprises Financial Safety and Soundness Act of
1992 (12 U.S.C. 4502(20));
``(dd) a commodity pool; or
``(ee) a commercial end user.
``(B) End user clearing exemption.--
``(i) In general.--Subject to clause (ii), in the event
that a swap is subject to the mandatory clearing requirement
under paragraph (2), and 1 of the counterparties to the swap
is a commercial end user or a financial entity end user, that
counterparty--

``(I)(aa) may elect not to clear the swap, as required
under paragraph (2); or
``(bb) may elect, prior to entering into the swap
transaction, to require clearing of the swap; and
``(II) if the end user makes an election under subclause
(I)(bb), shall have the sole right to select the derivatives
clearing organization at which the swap will be cleared.

``(ii) Limitation.--A commercial end user or a financial
entity end user may only make an election under clause (i) if
the end user is using the swap to hedge commercial risk,
including operating risk and balance sheet risk.
``(C) Treatment of affiliates.--
``(i) In general.--An affiliate of a commercial end user
(including affiliate entities predominated engaged in
providing financing for the purchase of merchandise or
manufactured goods of the commercial end user) or a financial
entity end user may make an election under subparagraph
(B)(i) only if the affiliate uses the swap to hedge or
mitigate the commercial risk, including operating risk and
balance sheet risk, of the commercial end user or the
financial entity end user or other affiliate of the
commercial end user or financial entity end user.
``(ii) Prohibition relating to certain affiliates.--An
affiliate of a commercial end user or a financial entity end
user shall not use the exemption under subparagraph (B) if
the affiliate is--

``(I) a swap dealer;
``(II) a security-based swap dealer;
``(III) a major swap participant;
``(IV) a major security-based swap participant;
``(V) an investment fund that would be an investment
company (as defined in section 3 of the Investment Company
Act o f 1940 (15 U.S.C. 80a-3)) but for paragraph (1) or (7)
of section 3(c) of that Act (15 U.S.C. 80a-3(c)); and is not
a partnership or other entity or any subsidiary that is
primarily invested in physical assets (which shall include
but not be limited to commercial real estate) directly or
through interests in partnerships or limited liability
companies that own such assets; or
``(VI) a commodity pool.

``(D) Abuse of exemption.--The Commission may prescribe
such rules or issue interpretations of the rules as the
Commission determines to be necessary to prevent abuse of the
exemption described in subparagraph (B). The Commission may
also request information from those entities claiming the
clearing exemption as necessary to prevent abuse of the
exemption described in subparagraph (B).
``(4) Required reporting.--Each swap that is not cleared by
any derivatives clearing organization shall be reported
either to a registered swap repository described in section
21 or, if there is no repository that would accept the swap,
to the Commission pursuant to section 4r.
``(5) Transition rules.--
``(A) Reporting transition rules.--The Commission shall
provide for the reporting of data, as follows:
``(i) Swaps entered into before date of enactment of this
subsection.--Swaps entered into before the date of the
enactment of this subsection shall be reported to a
registered swap repository or the Commission not later than
180 days after the effective date of this subsection.
``(ii) Swaps entered into on or after date of enactment of
this subsection.--Swaps entered into on or after such date of
enactment shall be reported to a registered swap repository
or the Commission not later than such time period as the
Commission prescribe.
``(B) Clearing transition rules.--Swaps entered into before
the effective date of any requirement under paragraph (2)(C)
are exempt from the clearing requirements of this subsection.
``(6) Reporting obligations.--
``(A) Swaps in which only 1 counterparty is a swap dealer
or major swap participant.--With respect to a swap in which
only 1 counterparty is a swap dealer or major swap
participant, the swap dealer or major swap participant shall
report the swap as required under paragraphs (4) and (5).
``(B) Swaps in which 1 counterparty is a swap dealer and
the other a major swap participant.--With respect to a swap
in which 1 counterparty is a swap dealer and the other a
major swap participant, the swap dealer shall report the swap
as required under paragraphs (4) and (5).
``(C) Other swaps.--With respect to any other swap not
described in subparagraph (A) or (B), the counterparties to
the swap shall select a counterparty to report the swap as
required under paragraphs (4) and (5).''.
______

SA 3917. Mr. CHAMBLISS submitted an amendment intended to be proposed
to amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself
and Mrs. Lincoln)) to the bill S. 3217, to promote the financial
stability of the United States by improving accountability and
transparency in the financial system, to end ``too big to fail'', to
protect the American taxpayer by ending bailouts, to protect consumers
from abusive financial services practices, and for other purposes;
which was ordered to lie on the table; as follows:

On page 580, line 1, insert after ``commercial end user''
the following: ``or a lending

[[Page 7637]]

institution cooperatively owned by and primarily serving
agricultural producers, agricultural cooperatives, or rural
electric cooperatives''.
______

SA 3918. Ms. SNOWE (for herself and Ms. Landrieu) submitted an
amendment intended to be proposed to amendment SA 3739 proposed by Mr.
Reid (for Mr. Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217,
to promote the financial stability of the United States by improving
accountability and transparency in the financial system, to end ``too
big to fail'', to protect the American taxpayer by ending bailouts, to
protect consumers from abusive financial services practices, and for
other purposes; which was ordered to lie on the table; as follows:

On page 1272, line 2, strike ``services who'' and insert
``services, but only to the extent that such person''.
On page 1272, line 22, strike ``(C)'' and insert
``(C)(i)''.
On page 1273, strike line 19 and insert the following:
``(C) Limitations.--
``(i) In general.--Notwithstanding sub-''.
On page 1273, line 20, after ``subparagraph (B)'' insert
``, and except as provided in clause (ii)''.
On page 1274, between lines 2 and 3, insert the following:
``(ii) Exception.--Subparagraph (A) and clause (i) of this
subparagraph do not apply to any merchant, retailer, or
seller of nonfinancial goods or services, to the extent that
such person is subject to any enumerated consumer law or any
law for which authorities are transferred under subtitle F or
H.''.
On page 1274, strike line 3 and all that follows through
``may'' on line 4 and insert the following:
``(D) Rules.--
``(i) Authority of other agencies.--No provision of this
title shall''.
On page 1274, between lines 13 and 14, insert the
following:
``(ii) Small businesses.--A merchant, retailer, or seller
of nonfinancial goods or services that would otherwise be
subject to the authority of the Bureau solely by virtue of
the application of subparagraph (B)(iii) shall be deemed not
to be engaged significantly in offering or providing consumer
financial products or services under subparagraph (C)(i), if
such person--

``(I) only extends credit for the sale of nonfinancial
goods or services, as described in subparagraph (A)(i);
``(II) retains such credit on its own accounts (except to
sell or convey such debt that is delinquent or otherwise in
default); and
``(III) meets the relevant industry size threshold to be a
small business concern, based on annual receipts, pursuant to
section 3 of the Small Business Act (15 U.S.C. 632) and the
implementing rules thereunder.

``(iii) Initial year.--A merchant, retailer, or seller of
nonfinancial goods or services shall be deemed to meet the
relevant industry size threshold described in clause
(ii)(III) during the first year of operations of that
business concern if, during that year, the receipts of that
business concern reasonably are expected to meet that size
threshold.
``(E) Exception from state enforcement.--To the extent that
the Bureau may not exercise authority under this subsection
with respect to a merchant, retailer, or seller of
nonfinancial goods or services, no action by a State attorney
general or State regulator with respect to a claim made under
this title may be brought under subsection 1042(a), with
respect to an activity described in any of clauses (i)
through (iii) of subparagraph (A) by such merchant, retailer,
or seller of nonfinancial goods or services.''.
______

SA 3919. Mr. CONRAD (for himself, Mr. Crapo, Mr. Barrasso, Mr. Kerry,
Mr. Brown of Massachusetts, Ms. Snowe, Ms. Landrieu, Mr. Dorgan, Mr.
Roberts, Mr. Enzi, Mrs. McCaskill, Ms. Collins, Ms. Cantwell, and Mrs.
Murray) submitted an amendment intended to be proposed to amendment SA
3739 proposed by Mr. Reid (for Mr. Dodd (for himself and Mrs. Lincoln))
to the bill S. 3217, to promote the financial stability of the United
States by improving accountability and transparency in the financial
system, to end ``too big to fail,'' to protect the American taxpayer by
ending bailouts, to protect consumers from abusive financial services
practices, and for other purposes; which was ordered to lie on the
table; as follows:

On page 466, line 13, strike ``bank'' and all that follows
through ``association'' on line 15 and insert the following:
``bank having total assets of more than $10,000,000,000, in
the same manner and to the same extent as if the insured
State bank were a national banking association. For purposes
of determining total assets under this subsection, the
Corporation shall rely on the same regulations and interim
methodologies specified in section 312(e) of the Restoring
American Financial Stability Act of 2010''.
______

SA 3920. Mr. HARKIN (for himself, Mr. Grassley, Mr. Nelson of
Nebraska, Mr. Johanns, and Mr. Leahy) submitted an amendment intended
to be proposed by him to the bill S. 3217, to promote the financial
stability of the United States by improving accountability and
transparency in the financial system, to end ``too big to fail'', to
protect the American taxpayer by ending bailouts, to protect consumers
from abusive financial services practices, and for other purposes;
which was ordered to lie on the table; as follows:

At the end of title V, add the following:

Subtitle C--Fixed Annuities and Insurance Products Classification

SEC. 551. SHORT TITLE.

This subtitle may be cited as the ``Fixed Indexed Annuities
and Insurance Products Classification Act of 2010''.

SEC. 552. FINDINGS AND PURPOSE.

(a) Findings.--Congress makes the following findings:
(1) Primary jurisdiction for regulating life insurance and
annuities is vested with the States and Territories of the
United States and the District of Columbia.
(2) Indexed insurance and annuity products offered by
insurance companies are subject to a wide array of laws and
regulations enforced by States and applicable jurisdictions,
including nonforfeiture requirements that provide for minimum
guaranteed values, thereby protecting consumers against
market related losses.
(3) Adoption of Rule 151A by the Securities and Exchange
Commission, entitled ``Indexed Annuities and Certain Other
Insurance Products'', 74 Fed. Reg. 3138 (January 16, 2009),
interferes with State insurance regulation, harms the
insurance industry, reduces competition, restricts consumer
choice, creates unnecessary and excessive regulatory burdens,
and diverts Commission resources, all of which outweighs any
perceived benefits.
(b) Purpose.--The purpose of this subtitle is to nullify
rule 151A and clarify the scope of the exemption for
annuities and insurance contracts from Federal regulation
under the Securities Act of 1933.

SEC. 553. SCOPE OF EXEMPTION FROM FEDERAL SECURITIES
REGULATION.

Section 3(a)(8) of the Securities Act of 1933 (15 U.S.C.
77c(a)(8)) is amended by inserting before the semicolon the
following: ``, and any insurance or endowment policy or
annuity contract or optional annuity contract--
``(A) the value of which does not vary according to the
performance of a separate account; and
``(B) which satisfies standard nonforfeiture laws or
similar requirements of the applicable State, Territory, or
District of Columbia at time of issue, or in the absence of
applicable standard nonforfeiture laws or requirements,
satisfies the Model Standard Nonforfeiture Law for Life
Insurance or Model Standard Nonforfeiture Law for Individual
Deferred Annuities, or any successor model law, as published
by the National Association of Insurance Commissioners''.

SEC. 554. NULLIFICATION OF CERTAIN FEDERAL SECURITIES
REGULATIONS.

Rule 151A promulgated by the Securities and Exchange
Commission and entitled ``Indexed Annuities and Certain Other
Insurance Contracts'', 74 Fed. Reg. 3138 (January 16, 2009),
shall have no force or effect.
______

SA 3921. Mr. BROWNBACK submitted an amendment intended to be proposed
to amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself
and Mrs. Lincoln)) to the bill S. 3217, to promote the financial
stability of the United States by improving accountability and
transparency in the financial system, to end ``too big to fail'', to
protect the American taxpayer by ending bailouts, to protect consumers
from abusive financial services practices, and for other purposes;
which was ordered to lie on the table; as follows:

On page 1267, line 18, insert before the semicolon ``, as
such amount is indexed for inflation''.
On page 1267, line 20, insert before the period ``, as such
amount is indexed for inflation''.
On page beginning on line 24, strike ``, to support its
examination activities under subsection (c), and''.
On page 1268, strike line 24 and all that follows through
page 1269, line 19 and insert the following:
(c) Enforcement.--
On page 1270, line 13, strike ``(e)'' and insert ``(d)''.
On page 1345, beginning on line 1, strike ``, 1025, and
1026'' and insert ``and 1025''.

[[Page 7638]]

____________________

NOTICE: PUBLIC FINANCIAL DISCLOSURE REPORTS

The filing date for the 2009 Public Financial Disclosure reports is
Monday, May 17, 2010. Senators, political fund designees and staff
members whose salaries exceed 120% of the GS-15 pay scale must file
reports.
Public Financial Disclosure reports should be submitted to the Senate
Office of Public Records, 232 Hart Building, Washington, D.C. 20510.
The Public Records office will be open from 9 a.m. to 6 p.m. on the
filing date to accept these filings. For further information, please
contact the Public Records office at (202) 224-0322.

____________________

THE CALENDAR

The ACTING PRESIDENT pro tempore. The majority leader.
Mr. REID. Mr. President, I ask unanimous consent that it be in order
for the Senate to proceed en bloc to consideration of the following
calendar items: Calendar No. 261, S. Res. 297; Calendar No. 262, S.
Res. 275; Calendar No. 287, S. 1053; Calendar No. 291, S. 1405;
Calendar No. 295, H.R. 689; Calendar No. 297, H.R. 1121; Calendar No.
300, H.R. 1442; Calendar No. 305, H.R. 2802.
The ACTING PRESIDENT pro tempore. Without objection, the Senate will
proceed en bloc.
Mr. REID. I ask unanimous consent that the resolutions be agreed to
en bloc; the preambles be agreed to en bloc; that the committee-
reported amendments, where applicable, be agreed to; the bill, as
amended, if amended, where applicable, be read a third time and passed,
as amended, if amended, where applicable, en bloc; the motions to
reconsider be laid on the table en bloc; that the consideration of
these items appear separately in the Record; and that any statements
relating thereto be printed in the Record.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.

____________________

DYKE MARSH WILDLIFE PRESERVE

The resolution (S. Res. 297) to recognize the Dyke Marsh Wildlife
Preserve as a unique and precious ecosystem was considered and agreed
to. The preamble was agreed to. The resolution, with its preamble,
reads as follows:

S. Res. 297

Whereas the Dyke Marsh Wildlife Preserve on the west bank
of the Potomac River just south of Alexandria in Fairfax
County is one of the largest remaining freshwater tidal
marshes in the Greater Washington, DC, area;
Whereas Congress expressly designated the Dyke Marsh
ecosystem for protection in 1959, fifty years ago, under
Public Law 86-41 ``so that fish and wildlife development and
their preservation as wetland wildlife habitat shall be
paramount'';
Whereas the Honorable John D. Dingell of Michigan, the late
Honorable John P. Saylor of Pennsylvania, and the late
Honorable Henry S. Reuss of Wisconsin were instrumental in
passing this legislation and in preventing proposed
development along the Potomac River, thereby protecting the
Dyke Marsh ecosystem from further dredging, filling, and
other activities incompatible with a preserve;
Whereas Dyke Marsh is 5,000 to 7,000 years old and is a
unique natural treasure in the national capital region, with
more than 6,500 species of plants, insects, fish, birds,
reptiles and amphibians contained within an approximately
485-acre parcel;
Whereas the Dyke Marsh Wildlife Preserve is a significant
element in the historic character of the Mount Vernon
Memorial Parkway;
Whereas freshwater tidal marshes are rare, and the Dyke
Marsh Wildlife Preserve is one of the few climax, tidal,
riverine, narrow-leafed cattail wetlands in the United States
National Park Service system;
Whereas wetlands provide ecological services such as flood
control, attenuation of tidal energy, water quality
enhancement, wildlife habitat, nursery and spawning grounds,
and recreational and aesthetic enjoyment;
Whereas the Dyke Marsh Wildlife Preserve serves as an
outdoor laboratory for scientists, educators, students,
naturalists, artists, photographers, and others, attracting
people of all ages; and
Whereas the Friends of Dyke Marsh is a conservation
advocacy group created in 1975 and dedicated to the
preservation and restoration of this wetland habitat and its
natural resources: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the Dyke Marsh Wildlife Preserve of Fairfax
County, Virginia, as a unique and precious ecosystem that
serves as an invaluable natural resource both locally and
nationally;
(2) recognizes and expresses appreciation for
Representative John Dingell's, Representative John Saylor's,
and Representative Henry Reuss's leadership in preserving
this precious natural resource;
(3) celebrates the 50th anniversary of the Federal
legislation designating the Dyke Marsh Wildlife Preserve as a
protected wetland habitat;
(4) expresses the need to continue to conserve, protect and
restore this fragile habitat, in which a diverse array of
plants, animals and other natural resources is threatened by
past dredging and filling, a gradual depletion in size, urban
and suburban development, river traffic, stormwater runoff,
poaching, and non-native invasive species; and
(5) commends the Friends of Dyke Marsh for its longstanding
commitment to promoting conservation and environmental
awareness and stewardship, so that the Dyke Marsh Wildlife
Preserve may be enjoyed by generations for the next 50 years
and into the future.

____________________

HONORING THE MINUTE MAN NATIONAL HISTORICAL PARK

The resolution (S. Res. 275) honoring the Minute Man National
Historical Park on the occasion of its 50th anniversary was considered
and agreed to. The preamble was agreed to. The resolution, with its
preamble, reads as follows:

S. Res. 275

Whereas, since September 21, 1959, Minute Man National
Historical Park has preserved key sites where the first
battles of the American Revolutionary War occurred, and
educated millions of people in the United States about the
extraordinary events that led to the birth of the United
States and the ideals embodied in the courageous actions that
led to such events;
Whereas Minute Man National Historical Park encompasses
more than 1,000 acres in the historic communities of
Lexington, Lincoln, and Concord that were at the center of
the American Revolution;
Whereas the events, places, and people recognized by the
Minute Man National Historical Park have become enduring
testaments to the values of the people of the United States
and are among the most celebrated and cherished symbols in
the history of the United States;
Whereas the Minute Man National Historical Park includes
multiple sites and vistas along the route from Boston to
Concord, known as the ``Battle Road'', where American militia
and British soldiers fought several times on April 19, 1775;
Whereas American militia were first ordered to return
British fire at Concord's North Bridge, a heroic action
commemorated by the United States poet Ralph Waldo Emerson in
his poem ``The Concord Hymn'' as the ``shot heard round the
world'';
Whereas the park celebrates the legendary ``midnight ride''
of Paul Revere on April 18, 1775, that warned American
colonists that British soldiers were marching to Concord to
destroy key military stores; and
Whereas more than 1,000,000 people from States across the
United States and from around the world visit Minute Man
National Historical Park each year to learn about the role
that the New England communities of Lexington, Lincoln, and
Concord played in the American Revolution: Now, therefore, be
it
Resolved, that it is the sense of the Senate that--
(1) Minute Man National Historical Park serves an essential
role in preserving the sites and vistas in New England where
the American Revolution began and in educating the public
about these historic events;
(2) Minute Man National Historical Park honors and
commemorates the ideals of democracy, liberty, and freedom
that are the foundation of the United States and sources of
inspiration for people everywhere; and
(3) the creation of Minute Man National Historical Park 50
years ago represents a remarkable achievement that continues
to benefit the people of the United States, to preserve the
proud legacy of the American Revolution, and to serve as an
enduring resource for future generations.

____________________

TO AMEND THE NATIONAL LAW ENFORCEMENT MUSEUM ACT

The bill (S. 1053) to amend the National Law Enforcement Museum Act
to extend the termination date, was considered, ordered to be engrossed
for a third reading, was read the third time, and passed.

S. 1053

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

[[Page 7639]]

SECTION 1. NATIONAL LAW ENFORCEMENT MUSEUM ACT.

Section 4(f) of the National Law Enforcement Museum Act
(Public Law 106-492) is amended by striking ``10 years'' and
inserting ``13 years''.

____________________

LONGFELLOW HOUSE-WASHINGTON'S HEADQUARTERS NATIONAL HISTORIC SITE
DESIGNATION ACT

The bill (S. 1405) to redesignate the Longfellow National Historic
Site, Massachusetts, as the ``Longfellow House-Washington's
Headquarters National Historic Site,'' was considered, ordered to be
engrossed for a third reading, was read the third time, and passed.

S. 1405

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Longfellow House-
Washington's Headquarters National Historic Site Designation
Act''.

SEC. 2. REDESIGNATION OF LONGFELLOW NATIONAL HISTORIC SITE,
MASSACHUSETTS.

(a) In General.--The Longfellow National Historic Site in
Cambridge, Massachusetts, shall be known and designated as
``Longfellow House-Washington's Headquarters National
Historic Site''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Longfellow National Historic Site shall be considered to be a
reference to the ``Longfellow House-Washington's Headquarters
National Historic Site''.

____________________

SHASTA-TRINITY NATIONAL FOREST ADMINISTRATIVE JURISDICTION TRANSFER ACT

The Senate proceeded to consider the bill (H.R. 689) to interchange
the administrative jurisdiction of certain Federal lands between the
Forest Service and the Bureau of Land Management, and for other
purposes, which had been reported from the Committee on Energy and
Natural Resources, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Shasta-Trinity National
Forest Administrative Jurisdiction Transfer Act''.

SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE BUREAU
OF LAND MANAGEMENT.

(a) In General.--Administrative jurisdiction over the
Federal land described in subsection (b) is transferred from
the Secretary of Agriculture to the Secretary of the
Interior.
(b) Description of Land.--The Federal land referred to in
subsection (a) is the land within the Shasta-Trinity National
Forest in California, Mount Diablo Meridian, as generally
depicted on the map entitled ``Shasta-Trinity Administrative
Jurisdiction Transfer: Transfer from Forest Service to BLM,
Map 1'' and dated November 23, 2009.
(c) Management and Status of Transferred Land.--The Federal
land described in subsection (b) shall be administered in
accordance with--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(2) any other applicable law (including regulations).

SEC. 3. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE FOREST
SERVICE.

(a) In General.--Administrative jurisdiction over the
Federal land described in subsection (b) is transferred from
the Secretary of the Interior to the Secretary of
Agriculture.
(b) Description of Land.--The Federal land referred to in
subsection (a) is the land administered by the Director of
the Bureau of Land Management in the Mount Diablo Meridian,
California, as generally depicted on the map entitled
``Shasta-Trinity Administrative Jurisdiction Transfer:
Transfer from BLM to Forest Service, Map 2'' and dated
November 23, 2009.
(c) Management and Status of Transferred Land.--
(1) In general.--The Federal land described in subsection
(b) shall be--
(A) withdrawn from the public domain;
(B) reserved for administration as part of the Shasta-
Trinity National Forest; and
(C) managed in accordance with the laws (including the
regulations) generally applicable to the National Forest
System.
(2) Wilderness administration.--The land transferred to the
Secretary of Agriculture under subsection (a) that is within
the Trinity Alps Wilderness shall--
(A) not affect the wilderness status of the transferred
land; and
(B) be administered in accordance with--
(i) this section;
(ii) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(iii) the California Wilderness Act of 1984 (16 U.S.C. 1132
note; Public Law 98-425).

SEC. 4. ADMINISTRATIVE PROVISIONS.

(a) Corrections.--
(1) Minor adjustments.--The Secretary of Agriculture and
the Secretary of the Interior may, by mutual agreement, make
minor corrections and adjustments to the transfers under this
Act to facilitate land management, including corrections and
adjustments to any applicable surveys.
(2) Publications.--Any corrections or adjustments made
under subsection (a) shall be effective on the date of
publication of a notice of the corrections or adjustments in
the Federal Register.
(b) Hazardous Substances.--
(1) Notice.--The Secretary of Agriculture and the Secretary
of the Interior shall, with respect to the land described in
sections 2(b) and 3(b), respectively--
(A) identify any known sites containing hazardous
substances; and
(B) provide to the head of the Federal agency to which the
land is being transferred notice of any sites identified
under subparagraph (A).
(2) Cleanup obligations.--To the same extent as on the day
before the date of enactment of this Act, with respect to any
Federal liability--
(A) the Secretary of Agriculture shall remain responsible
for any cleanup of hazardous substances on the Federal land
described in section 2(b); and
(B) the Secretary of the Interior shall remain responsible
for any cleanup of hazardous substances on the Federal land
described in section 3(b).
(c) Effect on Existing Rights and Authorizations.--Nothing
in this Act affects--
(1) any valid existing rights; or
(2) the validity or term and conditions of any existing
withdrawal, right-of-way, easement, lease, license, or permit
on the land to which administrative jurisdiction is
transferred under this Act, except that beginning on the date
of enactment of this Act, the head of the agency to which
administrative jurisdiction over the land is transferred
shall be responsible for administering the interests or
authorizations (including reissuing the interests or
authorizations in accordance with applicable law).

The committee amendment in the nature of a substitute was agreed to.
The bill (H.R. 689), as amended, was ordered to be read a third time,
was read the third time, and passed.

____________________

BLUE RIDGE PARKWAY AND TOWN OF BLOWING ROCK LAND EXCHANGE ACT OF 2009

The bill (H.R. 1121) to authorize a land exchange to acquire lands
for the Blue Ridge Parkway from the Town of Blowing Rock, North
Carolina, and for other purposes, was considered, ordered to a third
reading, was read the third time, and passed.

____________________

UTAH LAND SALE ACT

The bill (H.R. 1442) to provide for the sale of the Federal
Government's reversionary interest in approximately 60 acres of land in
Salt Lake City, Utah, originally conveyed to the Mount Olivet Cemetery
Association under the Act of January 23, 1909, was considered, ordered
to a third reading, was read the third time, and passed.

____________________

JOHN ADAMS COMMEMORATIVE WORK EXTENSION ACT

The bill (H.R. 2802) to provide for an extension of the legislative
authority of the Adams Memorial Foundation to establish a commemorative
work in honor of former President John Adams and his legacy, and for
other purposes, was considered, ordered to a third reading, read the
third time, and passed.

____________________

COAST GUARD AUTHORIZATION ACT OF 2010

Mr. WHITEHOUSE. I ask unanimous consent that the Senate proceed to
the immediate consideration of Calendar No. 195, H.R. 3619.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:

A bill (H.R. 3619) to authorize appropriations for the
Coast Guard for fiscal year 2010, and for other purposes.

There being no objection, the Senate proceeded to consider the bill.
Mr. CONRAD. This is the Statement of Budgetary Effects of PAYGO
Legislation for H.R. 3619, as amended by S.A. 3912. This statement has
been prepared pursuant to Section 4 of the Statutory Pay-As-You-Go Act
of 2010 (Public Law 111-139), and is being submitted for printing in
the Congressional Record prior to passage of H.R. 3619, as amended, by
the Senate.

[[Page 7640]]

Total Budgetary Effects of H.R. 3619, as amended for the 5-
year Statutory PAYGO Scorecard: $2 million increase in the
deficit.
Total Budgetary Effects of H.R. 3619, as amended for the 10-
year Statutory PAYGO Scorecard: $6 million increase in the
deficit.

Also submitted for the Record as part of this statement is a table
prepared by the Congressional Budget Office, which provides additional
information on the budgetary effects of this Act.

CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR AN AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 3619, THE COAST GUARD AUTHORIZATION ACT FOR
FISCAL YEAR 2010 AND 2011, AS PROVIDED TO CBO BY THE SENATE COMMITTEE ON SCIENCE, COMMERCE, AND TRANSPORTATION ON MAY 3, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Increase or Decrease (-) in the Deficit

Statutory Pay-As-You-Go Impacta 0 0 0 0 0 0 0 0 0 0 0 2 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
aH.R. 3619 would increase by $4 million over the 2010-2020 period certain annual payments made by the Oil Spill Liability Trust Fund (an increase in
direct spending). Provisions of the bill also would reduce offsetting receipts (a credit against direct spending) by about $2 million over the 2010-
2020 period because the bill directs the Coast Guard to donate--rather than sell--certain properties to local governments in Michigan.

liquefied natural gas facilities

Mr. REED. Mr. President, I rise to engage in a colloquy with my
colleague from Rhode Island, Mr. Whitehouse, and my colleague from West
Virginia, Mr. Rockefeller.
Mr. President, I want to thank the chairman of the Commerce Committee
for his leadership in advancing this bill. As he, Senator Whitehouse,
and I have discussed, there is significant concern with respect to the
safety and security of proposed liquefied natural gas, LNG, facilities
throughout the country. Given the Deepwater Horizon disaster in the
Gulf of Mexico, we know that no system for handling volatile substances
is fool-proof.
Over the last several years, the people of Rhode Island have been
greatly concerned about proposals to develop LNG facilities on or in
close proximity to Rhode Island's shores, as well as proposals to
transit LNG traffic through our waterways. I have come to the floor on
many occasions to express my deep concerns about the wisdom of these
projects; not as a matter of reflexive opposition to LNG but as a
matter of the appropriateness of siting these facilities with little
State control.
This includes a proposal in the Commonwealth of Massachusetts that
will have significant impact on the State of Rhode Island, as it calls
for vessels to transit through Narragansett Bay and off-load at an
offshore berth in Mount Hope Bay just outside of Rhode Island waters.
Over the years, members of the Rhode Island and Massachusetts
delegations have raised concerns about this project, but the most
severe impacts of the vessel traffic and related safety and security
measures will be on Rhode Island, which has very little authority to
influence the process. The Coast Guard has the responsibility of
issuing so-called Letters of Recommendation to establish the
suitability of a waterway to accommodate this type of vessel traffic
and operation. Its determination is critical in the siting LNG
facilities. Unfortunately, Rhode Island, like other states, has little
recourse to object to the findings or conditions laid out by the Coast
Guard, even though the bulk of the vessel activity will take place in
its state waters. I believe the state should have a say about the
appropriateness of activities in its waterways and should be consulted,
especially about the broader impacts of LNG facilities and vessel
traffic on other waterway users and on communities.
Although the underlying House bill includes a port security title,
the substitute does not. While I recognize that and that the Committee
will be dealing with port security legislation later this year, I think
that it is critical that we act on this issue as soon as possible. I
would like to work with the Chairman in crafting that bill, but I would
also ask for his commitment to work to address the issues related to
LNG facilities during conference with the House on the Coast Guard
Reauthorization bill.
Mr. WHITEHOUSE. Mr. Chairman, I share the sentiments of the senior
Senator from Rhode Island, Mr. Reed.
Rhode Islanders are strongly opposed to this project. Furthermore,
the process for siting the LNG facility has afforded us too few
opportunities to address the impacts it will have on our state's
economy, safety, and environment.
The Coast Guard is charged with the narrow task of determining
whether LNG tankers can safely transit Rhode Island waters on their way
to an offshore berthing station just on the other side of the state
line in Massachusetts. However, the safe transit of these tankers is
only one of the many important considerations that can, and should, be
taken into account in determining the suitability of such a project.
Narragansett Bay is the backbone of the Rhode Island economy, as it
sustains our fishing, recreation, and tourism sectors. The proposed LNG
facility in Fall River threatens to undermine these pillars of our
economy.
I am not opposed to LNG as a fuel source. However, I have serious
concerns with the proposal under consideration. The LNG tankers
transiting Rhode Island waters must pass through heavily populated
communities, under the presence of heavy security. The Coast Guard
admits that this will likely displace other users of the bay and
disrupt traffic on the bridges the tankers must travel beneath. This is
too high a burden for Rhode Island to carry for a facility that is
located in a neighboring state--and I am not convinced this burden is
worth the marginal benefits of the proposed LNG facility.
I thank the Chairman of the Senate Commerce Committee, Senator
Rockefeller, for his willingness to work with us on an issue critical
to the State of Rhode Island.
Mr. ROCKEFELLER. I am aware of both Senators' concerns and I will
work with each of you related to LNG facilities during conference with
the House on the Coast Guard Reauthorization bill.
Mr. REED. Thank you, Mr. Chairman. I look forward to this issue being
addressed in the final Coast Guard Reauthorization bill.
Mr. WHITEHOUSE. I ask unanimous consent that the Cantwell substitute
amendment, which is at the desk, be considered and agreed to; the bill,
as amended, be read a third time and passed, the motion to reconsider
be laid upon the table, and that any statements be printed in the
Record without further intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3912) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill (H.R. 3619) was read the third time and passed.

____________________

CONDEMNING THE CONTINUED DETENTION OF DAW AUNG SAN SUU KYI

Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the
Foreign Relations Committee be discharged from further consideration
and the Senate now proceed to S. Res. 480.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the resolution by title.
The legislative clerk read as follows:

A resolution (S. Res. 480) condemning the continued
detention of Burmese democracy leader Daw Aung San Suu Kyi
and calling on

[[Page 7641]]

the military regime in Burma to permit a credible and fair
election process and the transition to civilian, democratic
rule.

There being no objection, the Senate proceeded to consider the
resolution.
Mr. WHITEHOUSE. I ask unanimous consent that the amendment at the
desk be agreed to; the resolution, as amended, be agreed to; the
preamble be agreed to, and the motion to reconsider be laid upon the
table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3913) was agreed to, as follows:

(Purpose: To amend the resolving clause)

The resolution (S. Res. 480), as amended, was agreed to.
The preamble was agreed to.
The resolution, as amended, with its preamble reads as follows:

S. Res. 480

Whereas the military regime in Burma, headed by General
Than Shwe and the State Peace and Development Council,
continues to persecute Burmese democracy leader Daw Aung San
Suu Kyi and her supporters in the National League for
Democracy, and ordinary citizens of Burma, including ethnic
minorities, who publically and courageously speak out against
the regime's many injustices;
Whereas Daw Aung San Suu Kyi has been imprisoned in Burma
for 14 of the last 19 years and many members of the National
League for Democracy have been similarly jailed, tortured, or
killed;
Whereas the Constitution adopted in 2008 and the election
laws recently promulgated effectively prohibit the National
League for Democracy, Buddhist monks, ethnic minority
leaders, and Daw Aung San Suu Kyi from participating in
upcoming elections, and do not leave much opportunity for
domestic dialogue among key stakeholders; and
Whereas the persecution of the people of Burma has
continued even though the Department of State has pursued a
policy of engagement with the military regime designed to
secure the release of political prisoners, foster national
reconciliation, and facilitate peaceful transition to
civilian, democratic rule: Now, therefore, be it
Resolved, That the Senate--
(1) condemns the continued detention of Burmese democracy
leader Daw Aung San Suu Kyi and all prisoners of conscience
in Burma, and calls for their immediate and unconditional
release;
(2) calls on the military regime in Burma to engage in
dialogue with all political groups and individuals dedicated
to democratic ideals, as well as with ethnic minorities, to
broaden political participation in an environment free from
fear and intimidation;
(3) calls upon the Secretary of State to assess the
effectiveness of the policy of engagement with the military
regime in Burma in furthering United States interests, and to
maintain, and consider strengthening, sanctions against Burma
if the military regime continues its systematic violation of
human rights and fails to embrace the democratic aspirations
of the people of Burma;
(4) calls upon the Secretary of State to engage regional
governments and multilateral organizations, as appropriate,
in order to push for the establishment of an environment in
Burma that encourages the full and unfettered participation
of the people of Burma in a democratic transition to civilian
rule; and
(5) calls on the Secretary of State to support the people
of Burma in calling for significant constitutional and
election reforms by the military regime, which will broaden
political participation, further democracy, accountability,
and responsive governance, and improve human rights in Burma.

____________________

AUTHORIZING THE USE OF THE CAPITOL GROUNDS

Mr. WHITEHOUSE. I ask unanimous consent that the Senate proceed to
the immediate consideration of H. Con. Res. 247 which was received from
the House and is at the desk.
The PRESIDING OFFICER. The clerk will report the concurrent
resolution by title.
The legislative clerk read as follows:

A concurrent resolution (H. Con. Res. 247) authorizing the
use of the Capitol Grounds for the Greater Washington Soap
Box Derby.

There being no objection, the Senate proceeded to consider the
concurrent resolution.
Mr. WHITEHOUSE. I ask unanimous consent that the concurrent
resolution be agreed to, the motion to reconsider be laid upon the
table with no intervening action or debate, and any statements related
to the measure be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The concurrent resolution (H. Con. Res. 247) was agreed to.

____________________

AUTHORIZING THE USE OF CAPITOL GROUNDS

Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the
Senate proceed to the immediate consideration of H. Con. Res. 263,
which was received from the House and is at the desk.
The PRESIDING OFFICER. The clerk will report the concurrent
resolution by title.
The legislative clerk read as follows:

A resolution (H. Con. Res. 263) authorizing the use of the
Capitol Grounds for the District of Columbia Special Olympics
Law Enforcement Torch Run.
There being no objection, the Senate proceeded to consider
the concurrent resolution.

Mr. WHITEHOUSE. I ask unanimous consent the concurrent resolution be
agreed to, the motion to reconsider be laid upon the table without any
intervening action or debate, and any statements be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The concurrent resolution (H. Con. Res. 263) was agreed to.

____________________

ENDANGERED SPECIES DAY

Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the
judiciary committee be discharged from further consideration of S. Res.
503 and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the resolution by title.
The assistant legislative clerk read as follows:

A resolution (S. Res. 503) designating May 21, 2010 as
``Endangered Species Day.''

There being no objection, the Senate proceeded to consider the
resolution.
Mr. WHITEHOUSE. I ask unanimous consent the resolution be agreed to,
the preamble be agreed to, the motions to reconsider be laid upon the
table, with no intervening action or debate, and any statements be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 503) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:

S. Res. 503

Whereas in the United States and around the world, more
than 1,000 species are officially designated as at risk of
extinction and thousands more also face a heightened risk of
extinction;
Whereas the actual and potential benefits that may be
derived from many species have not yet been fully discovered
and would be permanently lost if not for conservation
efforts;
Whereas recovery efforts for species such as the whooping
crane, Kirtland's warbler, the peregrine falcon, the gray
wolf, the gray whale, the grizzly bear, and others have
resulted in great improvements in the viability of such
species;
Whereas saving a species requires a combination of sound
research, careful coordination, and intensive management of
conservation efforts, along with increased public awareness
and education;
Whereas \2/3\ of endangered or threatened species reside on
private lands;
Whereas voluntary cooperative conservation programs have
proven to be critical to habitat restoration and species
recovery; and
Whereas education and increasing public awareness are the
first steps in effectively informing the public about
endangered species and species restoration efforts: Now,
therefore, be it
Resolved, That the Senate--
(1) designates May 21, 2010, as ``Endangered Species Day'';
(2) encourages schools to spend at least 30 minutes on
Endangered Species Day teaching and informing students
about--
(A) threats to endangered species around the world; and
(B) efforts to restore endangered species, including the
essential role of private landowners and private stewardship
in the protection and recovery of species;

[[Page 7642]]

(3) encourages organizations, businesses, private
landowners, and agencies with a shared interest in conserving
endangered species to collaborate in developing educational
information for use in schools; and
(4) encourages the people of the United States--
(A) to become educated about, and aware of, threats to
species, success stories in species recovery, and
opportunities to promote species conservation worldwide; and
(B) to observe the day with appropriate ceremonies and
activities.

____________________

NATIONAL PHYSICAL EDUCATION AND SPORT WEEK

______

RECOGNIZING AMERICORPS

______

NATIONAL TRAIN DAY

______

NATIONAL NURSING HOME WEEK

Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the
Senate now proceed to the en bloc consideration of the following Senate
resolutions: S. Res. 515, S. Res. 516, S. Res. 517, S. Res. 518.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WHITEHOUSE. I ask unanimous consent the resolutions be agreed to,
the preambles be agreed to, the motions to reconsider be laid upon the
table en bloc, and that any statements be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolutions were agreed to.
The preambles were agreed to.
The resolutions, with their preambles, read as follows:

S. Res. 515

S. Res. 516

S. Res. 517

[[Page 7643]]

Whereas in highly populated regions Amtrak trains and
infrastructure carry intercity passengers and commuters to
and from work in congested metropolitan areas, providing a
reliable rail option while reducing congestion on roads and
in the skies;
Whereas Amtrak ridership in Fiscal Year 2009 reached 27.1
million passengers from 46 states;
Whereas, for many rural Americans, Amtrak represents the
only major intercity transportation link to the rest of the
country;
Whereas passenger rail provides a fuel-efficient
transportation system, thereby providing clean transportation
alternatives and energy security;
Whereas, when combined with all modes of transportation,
passenger railroads emit only 0.2 percent of the travel
industry's total greenhouse gases and one freight train can
move a ton of freight 480 miles on one gallon of fuel;
Whereas developing this pipeline of national high-speed and
intercity passenger rail projects will revitalize the
domestic manufacturing industry and create additional
American jobs building on the one million good-paying,
middle-class-creating American jobs that can never be off-
shored that are already supported by the rail industry;
Whereas ridership on Amtrak grew every year from 2000
through 2008, and is currently on track for 2010 to be its
best ridership year ever, further demonstrating the increased
demand for intercity passenger rail services; and
Whereas our railroad system is a source of civic pride, the
gateway to our communities and a tool for economic growth
that creates transportation-oriented development and livable
communities: Now, therefore, be it
Resolved, That the Senate supports the goals and ideals of
National Train Day, as designated by Amtrak.

S. Res. 518

____________________

SATELLITE TELEVISION EXTENSION AND LOCALISM ACT

The PRESIDING OFFICER. I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 3333, introduced earlier
today.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:

A bill (S. 3333) to extend the statutory license for
secondary transmissions under title 17, United States Code,
and for other purposes.

There being no objection, the Senate proceeded to consider the bill.
Mr. LEAHY. Mr. President, I am pleased that the Senate will pass the
Satellite Television Extension and Localism Act, STELA, of 2010. This
legislation modernizes and extends important statutory copyright
licenses that allow cable and satellite companies to retransmit the
content transmitted by television broadcasters. STELA also includes
important Communications Act authorizations that allow for the
retransmission of broadcast television signals by satellite and cable
providers.
Ensuring that Americans have access to broadcast television content
is important, and it is particularly relevant for consumers in rural
areas who might not otherwise be able to receive these signals over-
the-air. The legislation that the Senate is passing today will ensure
that nobody will be left in the dark for the foreseeable future.
Broadcast television plays a critical role in cities and towns across
the country, and remains the primary way in which consumers are able to
access local content such as news, weather, and sports.
Cable and satellite providers help to expand the footprint of
broadcast stations by allowing them to reach viewers who are unable to
receive signals over-the-air. Vermont is an example of how cable and
satellite companies can provide service to consumers in rural areas who
might not otherwise receive these signals.
Vermonters will see improved service when this legislation is
enacted. Today, DirecTV is permitted to use the licenses to provide
Windham and Bennington Counties with stations from the Burlington
television market, but DISH Network is not. This legislation will
permit DISH to provide their subscribers in southern Vermont with the
same service. As soon as DISH Network uses this authority, virtually
everyone in the State will be able to access the news and information
that is truly important to Vermonters.
One other important way that STELA will preserve and improve existing
service for consumers is by correcting a flaw in the statutory
copyright license for the cable industry. An unintended result of
current law is that the cable license requires the cable industry to
pay copyright holders for signals that many of their subscribers do not
actually receive. This is often referred to as the phantom signal
problem. The effect of this anomaly in the law is that Comcast is
required to pay copyright royalties based on their subscriber base
across the northeast for the Canadian television content that is only
provided to subscribers in Burlington, VT.
The bill corrects this flaw by giving the cable industry the
flexibility to continue to provide signals that are tailored to local
interests--signals that might otherwise have been pulled from cable
line-ups. This will benefit industry and consumers. For instance,
subscribers in Burlington will still be able to receive programming
such as ``Hockey Night in Canada,'' which has been a tradition, without
fear that Comcast will have to remove the channel or raise prices
because it is being charged royalties based on subscribers in Boston.
In addition, the legislation will expand consumer access to their
States' public television programming and low-power, community-oriented
stations that will promote media diversity.
This is the third time the Senate will have passed substantially the
same reauthorization language. The bill is the product of many hours of
hard work and compromise among four committees in both Houses of
Congress. No single member or committee chairman would have written it
in this exact way, but the final language represents a fair compromise
on important issues. For instance, I would have preferred the approach
included in the Senate Judiciary Committee-approved bill for providing
incentives to DISH Network to launch additional local markets, rather
than lifting a court-ordered injunction. As a matter of policy, lifting
a court-ordered injunction based on copyright infringement is something
I generally do not support, but others insisted upon it and it is part
of the compromise embodied in STELA.
Overall, this is a good bill that will preserve and improve the
service that consumers across the country are accustomed to receiving.
I hope the third time the Senate passes it will be the final time and
that it will be considered promptly by the House and signed into law by
the President.
Mr. CONRAD: This is the Statement of Budgetary Effects of PAYGO
Legislation for S. 3333. This statement has been prepared pursuant to
Section 4 of

[[Page 7644]]

the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139), and is
being submitted for printing in the Congressional Record prior to
passage of S. 3333 by the Senate.

Total Budgetary Effects of S. 3333 for the 5-year Statutory
PAYGO Scorecard: $0.
Total Budgetary Effects of S. 3333 for the 10-year Statutory
PAYGO Scorecard: $0.

Also submitted for the Record as part of this statement is a table
prepared by the Congressional Budget Office, which provides additional
information on the budgetary effects of this Act.

CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR A BILL TO EXTEND THE STATUTORY LICENSE FOR SECONDARY TRANSMISSIONS UNDER TITLE 17, UNITED STATES
CODE, AND FOR OTHER PURPOSES AS PROVIDED TO CBO BY THE SENATE COMMITTEE ON THE JUDICIARY ON MAY 6, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Increase or Decrease (-) in the Deficit

Statutory Pay-As-You-Go Impacta 0 0 0 0 0 0 0 0 0 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
aThe bill would authorize the Copyright Office to charge fees to cable and satellite providers to offset a portion of the costs of operating the
copyright licensing program. This provision would increase both revenues and direct spending by $8 million over the 2010-2020 period.

Mr. WHITEHOUSE. I ask unanimous consent that the bill be read a third
time; passed, and the motion to reconsider be laid upon the table, and
that any statements relating to the measure be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 3333) was ordered to be engrossed for a third reading,
was read the third time and passed, as follows:

S. 3333

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Satellite
Television Extension and Localism Act of 2010''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.

TITLE I--STATUTORY LICENSES

Sec. 101. Reference.
Sec. 102. Modifications to statutory license for satellite carriers.
Sec. 103. Modifications to statutory license for satellite carriers in
local markets.
Sec. 104. Modifications to cable system secondary transmission rights
under section 111.
Sec. 105. Certain waivers granted to providers of local-into-local
service for all DMAs.
Sec. 106. Copyright Office fees.
Sec. 107. Termination of license.
Sec. 108. Construction.

TITLE II--COMMUNICATIONS PROVISIONS

Sec. 201. Reference.
Sec. 202. Extension of authority.
Sec. 203. Significantly viewed stations.
Sec. 204. Digital television transition conforming amendments.
Sec. 205. Application pending completion of rulemakings.
Sec. 206. Process for issuing qualified carrier certification.
Sec. 207. Nondiscrimination in carriage of high definition digital
signals of noncommercial educational television stations.
Sec. 208. Savings clause regarding definitions.
Sec. 209. State public affairs broadcasts.

TITLE III--REPORTS AND SAVINGS PROVISION

Sec. 301. Definition.
Sec. 302. Report on market based alternatives to statutory licensing.
Sec. 303. Report on communications implications of statutory licensing
modifications.
Sec. 304. Report on in-state broadcast programming.
Sec. 305. Local network channel broadcast reports.
Sec. 306. Savings provision regarding use of negotiated licenses.
Sec. 307. Effective date; Noninfringement of copyright.

TITLE IV--SEVERABILITY

Sec. 401. Severability.

TITLE V--DETERMINATION OF BUDGETARY EFFECTS

Sec. 501. Determination of Budgetary Effects.

TITLE I--STATUTORY LICENSES

SEC. 101. REFERENCE.

Except as otherwise provided, whenever in this title an
amendment is made to a section or other provision, the
reference shall be considered to be made to such section or
provision of title 17, United States Code.

SEC. 102. MODIFICATIONS TO STATUTORY LICENSE FOR SATELLITE
CARRIERS.

(a) Heading Renamed.--
(1) In general.--The heading of section 119 is amended by
striking ``superstations and network stations for private
home viewing'' and inserting ``distant television programming
by satellite''.
(2) Table of contents.--The table of contents for chapter 1
is amended by striking the item relating to section 119 and
inserting the following:

``119. Limitations on exclusive rights: Secondary transmissions of
distant television programming by satellite.''.
(b) Unserved Household Defined.--
(1) In general.--Section 119(d)(10) is amended--
(A) by striking subparagraph (A) and inserting the
following:
``(A) cannot receive, through the use of an antenna, an
over-the-air signal containing the primary stream, or, on or
after the qualifying date, the multicast stream, originating
in that household's local market and affiliated with that
network of--
``(i) if the signal originates as an analog signal, Grade B
intensity as defined by the Federal Communications Commission
in section 73.683(a) of title 47, Code of Federal
Regulations, as in effect on January 1, 1999; or
``(ii) if the signal originates as a digital signal,
intensity defined in the values for the digital television
noise-limited service contour, as defined in regulations
issued by the Federal Communications Commission (section
73.622(e) of title 47, Code of Federal Regulations), as such
regulations may be amended from time to time;'';
(B) in subparagraph (B)--
(i) by striking ``subsection (a)(14)'' and inserting
``subsection (a)(13),''; and
(ii) by striking ``Satellite Home Viewer Extension and
Reauthorization Act of 2004'' and inserting ``Satellite
Television Extension and Localism Act of 2010''; and
(C) in subparagraph (D), by striking ``(a)(12)'' and
inserting ``(a)(11)''.
(2) Qualifying date defined.--Section 119(d) is amended by
adding at the end the following:
``(14) Qualifying date.--The term `qualifying date', for
purposes of paragraph (10)(A), means--
``(A) October 1, 2010, for multicast streams that exist on
March 31, 2010; and
``(B) January 1, 2011, for all other multicast streams.''.
(c) Filing Fee.--Section 119(b)(1) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) a filing fee, as determined by the Register of
Copyrights pursuant to section 708(a).''.
(d) Deposit of Statements and Fees; Verification
Procedures.--Section 119(b) is amended--
(1) by amending the subsection heading to read as follows:
``(b) Deposit of Statements and Fees; Verification
Procedures.--'';
(2) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) a royalty fee payable to copyright owners pursuant to
paragraph (4) for that 6-month period, computed by
multiplying the total number of subscribers receiving each
secondary transmission of a primary stream or multicast
stream of each non-network station or network station during
each calendar year month by the appropriate rate in effect
under this subsection; and'';
(3) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(4) by inserting after paragraph (1) the following:
``(2) Verification of accounts and fee payments.--The
Register of Copyrights shall issue regulations to permit
interested parties to verify and audit the statements of
account and royalty fees submitted by satellite carriers
under this subsection.'';
(5) in paragraph (3), as redesignated, in the first
sentence--
(A) by inserting ``(including the filing fee specified in
paragraph (1)(C))'' after ``shall receive all fees''; and
(B) by striking ``paragraph (4)'' and inserting ``paragraph
(5)'';
(6) in paragraph (4), as redesignated--

[[Page 7645]]

(A) by striking ``paragraph (2)'' and inserting ``paragraph
(3)''; and
(B) by striking ``paragraph (4)'' each place it appears and
inserting ``paragraph (5)''; and
(7) in paragraph (5), as redesignated, by striking
``paragraph (2)'' and inserting ``paragraph (3)''.
(e) Adjustment of Royalty Fees.--Section 119(c) is amended
as follows:
(1) Paragraph (1) is amended--
(A) in the heading for such paragraph, by striking
``analog'';
(B) in subparagraph (A)--
(i) by striking ``primary analog transmissions'' and
inserting ``primary transmissions''; and
(ii) by striking ``July 1, 2004'' and inserting ``July 1,
2009'';
(C) in subparagraph (B)--
(i) by striking ``January 2, 2005, the Librarian of
Congress'' and inserting ``June 1, 2010, the Copyright
Royalty Judges''; and
(ii) by striking ``primary analog transmission'' and
inserting ``primary transmissions'';
(D) in subparagraph (C), by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges'';
(E) in subparagraph (D)--
(i) in clause (i)--

(I) by striking ``(i) Voluntary agreements'' and inserting
the following:

``(i) Voluntary agreements; filing.--Voluntary
agreements''; and

(II) by striking ``that a parties'' and inserting ``that
are parties''; and

(ii) in clause (ii)--

(I) by striking ``(ii)(I) Within'' and inserting the
following:

``(ii) Procedure for adoption of fees.--

``(I) Publication of notice.--Within'';
(II) in subclause (I), by striking ``an arbitration
proceeding pursuant to subparagraph (E)'' and inserting ``a
proceeding under subparagraph (F)'';
(III) in subclause (II), by striking ``(II) Upon receiving
a request under subclause (I), the Librarian of Congress''
and inserting the following:
``(II) Public notice of fees.--Upon receiving a request
under subclause (I), the Copyright Royalty Judges''; and
(IV) in subclause (III)--

(aa) by striking ``(III) The Librarian'' and inserting the
following:

``(III) Adoption of fees.--The Copyright Royalty Judges'';

(bb) by striking ``an arbitration proceeding'' and
inserting ``the proceeding under subparagraph (F)''; and
(cc) by striking ``the arbitration proceeding'' and
inserting ``that proceeding'';
(F) in subparagraph (E)--
(i) by striking ``Copyright Office'' and inserting
``Copyright Royalty Judges''; and
(ii) by striking ``May 31, 2010'' and inserting ``December
31, 2014''; and
(G) in subparagraph (F)--
(i) in the heading, by striking ``compulsory arbitration''
and inserting ``copyright royalty judges proceeding'';
(ii) in clause (i)--

(I) in the heading, by striking ``proceedings'' and
inserting ``the proceeding'';
(II) in the matter preceding subclause (I)--

(aa) by striking ``May 1, 2005, the Librarian of Congress''
and inserting ``September 1, 2010, the Copyright Royalty
Judges'';
(bb) by striking ``arbitration proceedings'' and inserting
``a proceeding'';
(cc) by striking ``fee to be paid'' and inserting ``fees to
be paid'';
(dd) by striking ``primary analog transmission'' and
inserting ``the primary transmissions''; and
(ee) by striking ``distributors'' and inserting
``distributors--'';

(III) in subclause (II)--

(aa) by striking ``Librarian of Congress'' and inserting
``Copyright Royalty Judges''; and
(bb) by striking ``arbitration''; and

(IV) by amending the last sentence to read as follows:
``Such proceeding shall be conducted under chapter 8.'';

(iii) in clause (ii), by amending the matter preceding
subclause (I) to read as follows:
``(ii) Establishment of royalty fees.--In determining
royalty fees under this subparagraph, the Copyright Royalty
Judges shall establish fees for the secondary transmissions
of the primary transmissions of network stations and non-
network stations that most clearly represent the fair market
value of secondary transmissions, except that the Copyright
Royalty Judges shall adjust royalty fees to account for the
obligations of the parties under any applicable voluntary
agreement filed with the Copyright Royalty Judges in
accordance with subparagraph (D). In determining the fair
market value, the Judges shall base their decision on
economic, competitive, and programming information presented
by the parties, including--'';
(iv) by amending clause (iii) to read as follows:
``(iii) Effective date for decision of copyright royalty
judges.--The obligation to pay the royalty fees established
under a determination that is made by the Copyright Royalty
Judges in a proceeding under this paragraph shall be
effective as of January 1, 2010.''; and
(v) in clause (iv)--

(I) in the heading, by striking ``fee'' and inserting
``fees''; and
(II) by striking ``fee referred to in (iii)'' and inserting
``fees referred to in clause (iii)''.

(2) Paragraph (2) is amended to read as follows:
``(2) Annual royalty fee adjustment.--Effective January 1
of each year, the royalty fee payable under subsection
(b)(1)(B) for the secondary transmission of the primary
transmissions of network stations and non-network stations
shall be adjusted by the Copyright Royalty Judges to reflect
any changes occurring in the cost of living as determined by
the most recent Consumer Price Index (for all consumers and
for all items) published by the Secretary of Labor before
December 1 of the preceding year. Notification of the
adjusted fees shall be published in the Federal Register at
least 25 days before January 1.''.
(f) Definitions.--
(1) Subscriber.--Section 119(d)(8) is amended to read as
follows:
``(8) Subscriber; subscribe.--
``(A) Subscriber.--The term `subscriber' means a person or
entity that receives a secondary transmission service from a
satellite carrier and pays a fee for the service, directly or
indirectly, to the satellite carrier or to a distributor.
``(B) Subscribe.--The term `subscribe' means to elect to
become a subscriber.''.
(2) Local market.--Section 119(d)(11) is amended to read as
follows:
``(11) Local market.--The term `local market' has the
meaning given such term under section 122(j).''.
(3) Low power television station.--Section 119(d) is
amended by striking paragraph (12) and redesignating
paragraphs (13) and (14) as paragraphs (12) and (13),
respectively.
(4) Multicast stream.--Section 119(d), as amended by
paragraph (3), is further amended by adding at the end the
following new paragraph:
``(14) Multicast stream.--The term `multicast stream' means
a digital stream containing programming and program-related
material affiliated with a television network, other than the
primary stream.''.
(5) Primary stream.--Section 119(d), as amended by
paragraph (4), is further amended by adding at the end the
following new paragraph:
``(15) Primary stream.--The term `primary stream' means--
``(A) the single digital stream of programming as to which
a television broadcast station has the right to mandatory
carriage with a satellite carrier under the rules of the
Federal Communications Commission in effect on July 1, 2009;
or
``(B) if there is no stream described in subparagraph (A),
then either--
``(i) the single digital stream of programming associated
with the network last transmitted by the station as an analog
signal; or
``(ii) if there is no stream described in clause (i), then
the single digital stream of programming affiliated with the
network that, as of July 1, 2009, had been offered by the
television broadcast station for the longest period of
time.''.
(6) Clerical amendment.--Section 119(d) is amended in
paragraphs (1), (2), and (5) by striking ``which'' each place
it appears and inserting ``that''.
(g) Superstation Redesignated as Non-Network Station.--
Section 119 is amended--
(1) by striking ``superstation'' each place it appears in a
heading and each place it appears in text and inserting
``non-network station''; and
(2) by striking ``superstations'' each place it appears in
a heading and each place it appears in text and inserting
``non-network stations''.
(h) Removal of Certain Provisions.--
(1) Removal of provisions.--Section 119(a) is amended--
(A) in paragraph (2), by striking subparagraph (C) and
redesignating subparagraph (D) as subparagraph (C);
(B) by striking paragraph (3) and redesignating paragraphs
(4) through (14) as paragraphs (3) through (13),
respectively; and
(C) by striking paragraph (15) and redesignating paragraph
(16) as paragraph (14).
(2) Conforming amendments.--Section 119 is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``(5), (6), and (8)'' and
inserting ``(4), (5), and (7)'';
(ii) in paragraph (2)--

(I) in subparagraph (A), by striking ``subparagraphs (B)
and (C) of this paragraph and paragraphs (5), (6), (7), and
(8)'' and inserting ``subparagraph (B) of this paragraph and
paragraphs (4), (5), (6), and (7)'';
(II) in subparagraph (B)(i), by striking the second
sentence; and
(III) in subparagraph (C) (as redesignated), by striking
clauses (i) and (ii) and inserting the following:

``(i) Initial lists.--A satellite carrier that makes
secondary transmissions of a primary transmission made by a
network station pursuant to subparagraph (A) shall, not later
than 90 days after commencing such secondary transmissions,
submit to the network that owns or is affiliated with the
network station a list identifying (by name and address,
including street or rural route number, city, State, and 9-
digit zip code) all subscribers to which the satellite
carrier makes secondary transmissions of that primary
transmission to subscribers in unserved households.

[[Page 7646]]

``(ii) Monthly lists.--After the submission of the initial
lists under clause (i), the satellite carrier shall, not
later than the 15th of each month, submit to the network a
list, aggregated by designated market area, identifying (by
name and address, including street or rural route number,
city, State, and 9-digit zip code) any persons who have been
added or dropped as subscribers under clause (i) since the
last submission under this subparagraph.''; and
(iii) in subparagraph (E) of paragraph (3) (as
redesignated)--

(I) by striking ``under paragraph (3) or''; and
(II) by striking ``paragraph (12)'' and inserting
``paragraph (11)''; and

(B) in subsection (b)(1), by striking the final sentence.
(i) Modifications to Provisions for Secondary Transmissions
by Satellite Carriers.--
(1) Predictive model.--Section 119(a)(2)(B)(ii) is amended
by adding at the end the following:

``(III) Accurate predictive model with respect to digital
signals.--Notwithstanding subclause (I), in determining
presumptively whether a person resides in an unserved
household under subsection (d)(10)(A) with respect to digital
signals, a court shall rely on a predictive model set forth
by the Federal Communications Commission pursuant to a
rulemaking as provided in section 339(c)(3) of the
Communications Act of 1934 (47 U.S.C. 339(c)(3)), as that
model may be amended by the Commission over time under such
section to increase the accuracy of that model. Until such
time as the Commission sets forth such model, a court shall
rely on the predictive model as recommended by the Commission
with respect to digital signals in its Report to Congress in
ET Docket No. 05-182, FCC 05-199 (released December 9,
2005).''.

(2) Modifications to statutory license where
retransmissions into local market available.--Section
119(a)(3) (as redesignated) is amended--
(A) by striking ``analog'' each place it appears in a
heading and text;
(B) by striking subparagraphs (B), (C), and (D), and
inserting the following:
``(B) Rules for lawful subscribers as of date of enactment
of 2010 act.--In the case of a subscriber of a satellite
carrier who, on the day before the date of the enactment of
the Satellite Television Extension and Localism Act of 2010,
was lawfully receiving the secondary transmission of the
primary transmission of a network station under the statutory
license under paragraph (2) (in this subparagraph referred to
as the `distant signal'), other than subscribers to whom
subparagraph (A) applies, the statutory license under
paragraph (2) shall apply to secondary transmissions by that
satellite carrier to that subscriber of the distant signal of
a station affiliated with the same television network, and
the subscriber's household shall continue to be considered to
be an unserved household with respect to such network, until
such time as the subscriber elects to terminate such
secondary transmissions, whether or not the subscriber elects
to subscribe to receive the secondary transmission of the
primary transmission of a local network station affiliated
with the same network pursuant to the statutory license under
section 122.
``(C) Future applicability.--
``(i) When local signal available at time of
subscription.--The statutory license under paragraph (2)
shall not apply to the secondary transmission by a satellite
carrier of the primary transmission of a network station to a
person who is not a subscriber lawfully receiving such
secondary transmission as of the date of the enactment of the
Satellite Television Extension and Localism Act of 2010 and,
at the time such person seeks to subscribe to receive such
secondary transmission, resides in a local market where the
satellite carrier makes available to that person the
secondary transmission of the primary transmission of a local
network station affiliated with the same network pursuant to
the statutory license under section 122.
``(ii) When local signal available after subscription.--In
the case of a subscriber who lawfully subscribes to and
receives the secondary transmission by a satellite carrier of
the primary transmission of a network station under the
statutory license under paragraph (2) (in this clause
referred to as the `distant signal') on or after the date of
the enactment of the Satellite Television Extension and
Localism Act of 2010, the statutory license under paragraph
(2) shall apply to secondary transmissions by that satellite
carrier to that subscriber of the distant signal of a station
affiliated with the same television network, and the
subscriber's household shall continue to be considered to be
an unserved household with respect to such network, until
such time as the subscriber elects to terminate such
secondary transmissions, but only if such subscriber
subscribes to the secondary transmission of the primary
transmission of a local network station affiliated with the
same network within 60 days after the satellite carrier makes
available to the subscriber such secondary transmission of
the primary transmission of such local network station.'';
(C) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (D), (E), and (F), respectively;
(D) in subparagraph (E) (as redesignated), by striking
``(C) or (D)'' and inserting ``(B) or (C)''; and
(E) in subparagraph (F) (as redesignated), by inserting
``9-digit'' before ``zip code''.
(3) Statutory damages for territorial restrictions.--
Section 119(a)(6) (as redesignated) is amended--
(A) in subparagraph (A)(ii), by striking ``$5'' and
inserting ``$250'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``$250,000 for each 6-month
period'' and inserting ``$2,500,000 for each 3-month
period''; and
(ii) in clause (ii), by striking ``$250,000'' and inserting
``$2,500,000''; and
(C) by adding at the end the following flush sentences:

``The court shall direct one half of any statutory damages
ordered under clause (i) to be deposited with the Register of
Copyrights for distribution to copyright owners pursuant to
subsection (b). The Copyright Royalty Judges shall issue
regulations establishing procedures for distributing such
funds, on a proportional basis, to copyright owners whose
works were included in the secondary transmissions that were
the subject of the statutory damages.''.
(4) Technical amendment.--Section 119(a)(4) (as
redesignated) is amended by striking ``and 509''.
(5) Clerical amendment.--Section 119(a)(2)(B)(iii)(II) is
amended by striking ``In this clause'' and inserting ``In
this clause,''.
(j) Moratorium Extension.--Section 119(e) is amended by
striking ``May 31, 2010'' and inserting ``December 31,
2014''.
(k) Clerical Amendments.--Section 119 is amended--
(1) by striking ``of the Code of Federal Regulations'' each
place it appears and inserting ``, Code of Federal
Regulations''; and
(2) in subsection (d)(6), by striking ``or the Direct'' and
inserting ``, or the Direct''.

SEC. 103. MODIFICATIONS TO STATUTORY LICENSE FOR SATELLITE
CARRIERS IN LOCAL MARKETS.

(a) Heading Renamed.--
(1) In general.--The heading of section 122 is amended by
striking ``by satellite carriers within local markets'' and
inserting ``of local television programming by satellite''.
(2) Table of contents.--The table of contents for chapter 1
is amended by striking the item relating to section 122 and
inserting the following:

``122. Limitations on exclusive rights: Secondary transmissions of
local television programming by satellite.''.
(b) Statutory License.--Section 122(a) is amended to read
as follows:
``(a) Secondary Transmissions Into Local Markets.--
``(1) Secondary transmissions of television broadcast
stations within a local market.--A secondary transmission of
a performance or display of a work embodied in a primary
transmission of a television broadcast station into the
station's local market shall be subject to statutory
licensing under this section if--
``(A) the secondary transmission is made by a satellite
carrier to the public;
``(B) with regard to secondary transmissions, the satellite
carrier is in compliance with the rules, regulations, or
authorizations of the Federal Communications Commission
governing the carriage of television broadcast station
signals; and
``(C) the satellite carrier makes a direct or indirect
charge for the secondary transmission to--
``(i) each subscriber receiving the secondary transmission;
or
``(ii) a distributor that has contracted with the satellite
carrier for direct or indirect delivery of the secondary
transmission to the public.
``(2) Significantly viewed stations.--
``(A) In general.--A secondary transmission of a
performance or display of a work embodied in a primary
transmission of a television broadcast station to subscribers
who receive secondary transmissions of primary transmissions
under paragraph (1) shall be subject to statutory licensing
under this paragraph if the secondary transmission is of the
primary transmission of a network station or a non-network
station to a subscriber who resides outside the station's
local market but within a community in which the signal has
been determined by the Federal Communications Commission to
be significantly viewed in such community, pursuant to the
rules, regulations, and authorizations of the Federal
Communications Commission in effect on April 15, 1976,
applicable to determining with respect to a cable system
whether signals are significantly viewed in a community.
``(B) Waiver.--A subscriber who is denied the secondary
transmission of the primary transmission of a network station
or a non-network station under subparagraph (A) may request a
waiver from such denial by submitting a request, through the
subscriber's satellite carrier, to the network station or
non-network station in the local market affiliated with the
same network or non-network where the subscriber is located.
The network station or non-network station shall accept or
reject the subscriber's request for a waiver within 30 days
after receipt of the request.

[[Page 7647]]

If the network station or non-network station fails to accept
or reject the subscriber's request for a waiver within that
30-day period, that network station or non-network station
shall be deemed to agree to the waiver request.
``(3) Secondary transmission of low power programming.--
``(A) In general.--Subject to subparagraphs (B) and (C), a
secondary transmission of a performance or display of a work
embodied in a primary transmission of a television broadcast
station to subscribers who receive secondary transmissions of
primary transmissions under paragraph (1) shall be subject to
statutory licensing under this paragraph if the secondary
transmission is of the primary transmission of a television
broadcast station that is licensed as a low power television
station, to a subscriber who resides within the same
designated market area as the station that originates the
transmission.
``(B) No applicability to repeaters and translators.--
Secondary transmissions provided for in subparagraph (A)
shall not apply to any low power television station that
retransmits the programs and signals of another television
station for more than 2 hours each day.
``(C) No impact on other secondary transmissions
obligations.--A satellite carrier that makes secondary
transmissions of a primary transmission of a low power
television station under a statutory license provided under
this section is not required, by reason of such secondary
transmissions, to make any other secondary transmissions.
``(4) Special exceptions.--A secondary transmission of a
performance or display of a work embodied in a primary
transmission of a television broadcast station to subscribers
who receive secondary transmissions of primary transmissions
under paragraph (1) shall, if the secondary transmission is
made by a satellite carrier that complies with the
requirements of paragraph (1), be subject to statutory
licensing under this paragraph as follows:
``(A) States with single full-power network station.--In a
State in which there is licensed by the Federal
Communications Commission a single full-power station that
was a network station on January 1, 1995, the statutory
license provided for in this paragraph shall apply to the
secondary transmission by a satellite carrier of the primary
transmission of that station to any subscriber in a community
that is located within that State and that is not within the
first 50 television markets as listed in the regulations of
the Commission as in effect on such date (47 C.F.R. 76.51).
``(B) States with all network stations and non-network
stations in same local market.--In a State in which all
network stations and non-network stations licensed by the
Federal Communications Commission within that State as of
January 1, 1995, are assigned to the same local market and
that local market does not encompass all counties of that
State, the statutory license provided under this paragraph
shall apply to the secondary transmission by a satellite
carrier of the primary transmissions of such station to all
subscribers in the State who reside in a local market that is
within the first 50 major television markets as listed in the
regulations of the Commission as in effect on such date
(section 76.51 of title 47, Code of Federal Regulations).
``(C) Additional stations.--In the case of that State in
which are located 4 counties that--
``(i) on January 1, 2004, were in local markets principally
comprised of counties in another State, and
``(ii) had a combined total of 41,340 television
households, according to the U.S. Television Household
Estimates by Nielsen Media Research for 2004,

the statutory license provided under this paragraph shall
apply to secondary transmissions by a satellite carrier to
subscribers in any such county of the primary transmissions
of any network station located in that State, if the
satellite carrier was making such secondary transmissions to
any subscribers in that county on January 1, 2004.
``(D) Certain additional stations.--If 2 adjacent counties
in a single State are in a local market comprised principally
of counties located in another State, the statutory license
provided for in this paragraph shall apply to the secondary
transmission by a satellite carrier to subscribers in those 2
counties of the primary transmissions of any network station
located in the capital of the State in which such 2 counties
are located, if--
``(i) the 2 counties are located in a local market that is
in the top 100 markets for the year 2003 according to Nielsen
Media Research; and
``(ii) the total number of television households in the 2
counties combined did not exceed 10,000 for the year 2003
according to Nielsen Media Research.
``(E) Networks of noncommercial educational broadcast
stations.--In the case of a system of three or more
noncommercial educational broadcast stations licensed to a
single State, public agency, or political, educational, or
special purpose subdivision of a State, the statutory license
provided for in this paragraph shall apply to the secondary
transmission of the primary transmission of such system to
any subscriber in any county or county equivalent within such
State, if such subscriber is located in a designated market
area that is not otherwise eligible to receive the secondary
transmission of the primary transmission of a noncommercial
educational broadcast station located within the State
pursuant to paragraph (1).
``(5) Applicability of royalty rates and procedures.--The
royalty rates and procedures under section 119(b) shall apply
to the secondary transmissions to which the statutory license
under paragraph (4) applies.''.
(c) Reporting Requirements.--Section 122(b) is amended--
(1) in paragraph (1), by striking ``station a list'' and
all that follows through the end and inserting the following:
``station--
``(A) a list identifying (by name in alphabetical order and
street address, including county and 9-digit zip code) all
subscribers to which the satellite carrier makes secondary
transmissions of that primary transmission under subsection
(a); and
``(B) a separate list, aggregated by designated market area
(by name and address, including street or rural route number,
city, State, and 9-digit zip code), which shall indicate
those subscribers being served pursuant to paragraph (2) of
subsection (a).''; and
(2) in paragraph (2), by striking ``network a list'' and
all that follows through the end and inserting the following:
``network--
``(A) a list identifying (by name in alphabetical order and
street address, including county and 9-digit zip code) any
subscribers who have been added or dropped as subscribers
since the last submission under this subsection; and
``(B) a separate list, aggregated by designated market area
(by name and street address, including street or rural route
number, city, State, and 9-digit zip code), identifying those
subscribers whose service pursuant to paragraph (2) of
subsection (a) has been added or dropped since the last
submission under this subsection.''.
(d) No Royalty Fee for Certain Secondary Transmissions.--
Section 122(c) is amended--
(1) in the heading, by inserting ``for Certain Secondary
Transmissions'' after ``Required''; and
(2) by striking ``subsection (a)'' and inserting
``paragraphs (1), (2), and (3) of subsection (a)''.
(e) Violations for Territorial Restrictions.--
(1) Modification to statutory damages.--Section 122(f) is
amended--
(A) in paragraph (1)(B), by striking ``$5'' and inserting
``$250''; and
(B) in paragraph (2), by striking ``$250,000'' each place
it appears and inserting ``$2,500,000''.
(2) Conforming amendments for additional stations.--Section
122 is amended--
(A) in subsection (f), by striking ``section 119 or'' each
place it appears and inserting the following: ``section 119,
subject to statutory licensing by reason of paragraph (2)(A),
(3), or (4) of subsection (a), or subject to''; and
(B) in subsection (g), by striking ``section 119 or'' and
inserting the following: ``section 119, paragraph (2)(A),
(3), or (4) of subsection (a), or''.
(f) Definitions.--Section 122(j) is amended--
(1) in paragraph (1), by striking ``which contracts'' and
inserting ``that contracts'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(6) and (7), respectively;
(3) in paragraph (3)--
(A) by redesignating such paragraph as paragraph (4);
(B) in the heading of such paragraph, by inserting ``non-
network station;'' after ``Network station;''; and
(C) by inserting ```non-network station','' after
```network station','';
(4) by inserting after paragraph (2) the following:
``(3) Low power television station.--The term `low power
television station' means a low power TV station as defined
in section 74.701(f) of title 47, Code of Federal
Regulations, as in effect on June 1, 2004. For purposes of
this paragraph, the term `low power television station'
includes a low power television station that has been
accorded primary status as a Class A television licensee
under section 73.6001(a) of title 47, Code of Federal
Regulations.'';
(5) by inserting after paragraph (4) (as redesignated) the
following:
``(5) Noncommercial educational broadcast station.--The
term `noncommercial educational broadcast station' means a
television broadcast station that is a noncommercial
educational broadcast station as defined in section 397 of
the Communications Act of 1934, as in effect on the date of
the enactment of the Satellite Television Extension and
Localism Act of 2010.''; and
(6) by amending paragraph (6) (as redesignated) to read as
follows:
``(6) Subscriber.--The term `subscriber' means a person or
entity that receives a secondary transmission service from a
satellite carrier and pays a fee for the service, directly or
indirectly, to the satellite carrier or to a distributor.''.

[[Page 7648]]

SEC. 104. MODIFICATIONS TO CABLE SYSTEM SECONDARY
TRANSMISSION RIGHTS UNDER SECTION 111.

(a) Heading Renamed.--
(1) In general.--The heading of section 111 is amended by
inserting at the end the following: ``of broadcast
programming by cable''.
(2) Table of contents.--The table of contents for chapter 1
is amended by striking the item relating to section 111 and
inserting the following:

``111. Limitations on exclusive rights: Secondary transmissions of
broadcast programming by cable.''.
(b) Technical Amendment.--Section 111(a)(4) is amended by
striking ``; or'' and inserting ``or section 122;''.
(c) Statutory License for Secondary Transmissions by Cable
Systems.--Section 111(d) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``A cable system whose secondary'' and
inserting the following: ``Statement of account and royalty
fees.--Subject to paragraph (5), a cable system whose
secondary''; and
(ii) by striking ``by regulation--'' and inserting ``by
regulation the following:'';
(B) in subparagraph (A)--
(i) by striking ``a statement of account'' and inserting
``A statement of account''; and
(ii) by striking ``; and'' and inserting a period; and
(C) by striking subparagraphs (B), (C), and (D) and
inserting the following:
``(B) Except in the case of a cable system whose royalty
fee is specified in subparagraph (E) or (F), a total royalty
fee payable to copyright owners pursuant to paragraph (3) for
the period covered by the statement, computed on the basis of
specified percentages of the gross receipts from subscribers
to the cable service during such period for the basic service
of providing secondary transmissions of primary broadcast
transmitters, as follows:
``(i) 1.064 percent of such gross receipts for the
privilege of further transmitting, beyond the local service
area of such primary transmitter, any non-network programming
of a primary transmitter in whole or in part, such amount to
be applied against the fee, if any, payable pursuant to
clauses (ii) through (iv);
``(ii) 1.064 percent of such gross receipts for the first
distant signal equivalent;
``(iii) 0.701 percent of such gross receipts for each of
the second, third, and fourth distant signal equivalents; and
``(iv) 0.330 percent of such gross receipts for the fifth
distant signal equivalent and each distant signal equivalent
thereafter.
``(C) In computing amounts under clauses (ii) through (iv)
of subparagraph (B)--
``(i) any fraction of a distant signal equivalent shall be
computed at its fractional value;
``(ii) in the case of any cable system located partly
within and partly outside of the local service area of a
primary transmitter, gross receipts shall be limited to those
gross receipts derived from subscribers located outside of
the local service area of such primary transmitter; and
``(iii) if a cable system provides a secondary transmission
of a primary transmitter to some but not all communities
served by that cable system--

``(I) the gross receipts and the distant signal equivalent
values for such secondary transmission shall be derived
solely on the basis of the subscribers in those communities
where the cable system provides such secondary transmission;
and
``(II) the total royalty fee for the period paid by such
system shall not be less than the royalty fee calculated
under subparagraph (B)(i) multiplied by the gross receipts
from all subscribers to the system.

``(D) A cable system that, on a statement submitted before
the date of the enactment of the Satellite Television
Extension and Localism Act of 2010, computed its royalty fee
consistent with the methodology under subparagraph (C)(iii),
or that amends a statement filed before such date of
enactment to compute the royalty fee due using such
methodology, shall not be subject to an action for
infringement, or eligible for any royalty refund or offset,
arising out of its use of such methodology on such statement.
``(E) If the actual gross receipts paid by subscribers to a
cable system for the period covered by the statement for the
basic service of providing secondary transmissions of primary
broadcast transmitters are $263,800 or less--
``(i) gross receipts of the cable system for the purpose of
this paragraph shall be computed by subtracting from such
actual gross receipts the amount by which $263,800 exceeds
such actual gross receipts, except that in no case shall a
cable system's gross receipts be reduced to less than
$10,400; and
``(ii) the royalty fee payable under this paragraph to
copyright owners pursuant to paragraph (3) shall be 0.5
percent, regardless of the number of distant signal
equivalents, if any.
``(F) If the actual gross receipts paid by subscribers to a
cable system for the period covered by the statement for the
basic service of providing secondary transmissions of primary
broadcast transmitters are more than $263,800 but less than
$527,600, the royalty fee payable under this paragraph to
copyright owners pursuant to paragraph (3) shall be--
``(i) 0.5 percent of any gross receipts up to $263,800,
regardless of the number of distant signal equivalents, if
any; and
``(ii) 1 percent of any gross receipts in excess of
$263,800, but less than $527,600, regardless of the number of
distant signal equivalents, if any.
``(G) A filing fee, as determined by the Register of
Copyrights pursuant to section 708(a).'';
(2) in paragraph (2), in the first sentence--
(A) by striking ``The Register of Copyrights'' and
inserting the following ``Handling of fees.--The Register of
Copyrights''; and
(B) by inserting ``(including the filing fee specified in
paragraph (1)(G))'' after ``shall receive all fees'';
(3) in paragraph (3)--
(A) by striking ``The royalty fees'' and inserting the
following: ``Distribution of royalty fees to copyright
owners.--The royalty fees'';
(B) in subparagraph (A)--
(i) by striking ``any such'' and inserting ``Any such'';
and
(ii) by striking ``; and'' and inserting a period;
(C) in subparagraph (B)--
(i) by striking ``any such'' and inserting ``Any such'';
and
(ii) by striking the semicolon and inserting a period; and
(D) in subparagraph (C), by striking ``any such'' and
inserting ``Any such'';
(4) in paragraph (4), by striking ``The royalty fees'' and
inserting the following: ``Procedures for royalty fee
distribution.--The royalty fees''; and
(5) by adding at the end the following new paragraphs:
``(5) 3.75 percent rate and syndicated exclusivity
surcharge not applicable to multicast streams.--The royalty
rates specified in sections 256.2(c) and 256.2(d) of title
37, Code of Federal Regulations (commonly referred to as the
`3.75 percent rate' and the `syndicated exclusivity
surcharge', respectively), as in effect on the date of the
enactment of the Satellite Television Extension and Localism
Act of 2010, as such rates may be adjusted, or such sections
redesignated, thereafter by the Copyright Royalty Judges,
shall not apply to the secondary transmission of a multicast
stream.
``(6) Verification of accounts and fee payments.--The
Register of Copyrights shall issue regulations to provide for
the confidential verification by copyright owners whose works
were embodied in the secondary transmissions of primary
transmissions pursuant to this section of the information
reported on the semiannual statements of account filed under
this subsection for accounting periods beginning on or after
January 1, 2010, in order that the auditor designated under
subparagraph (A) is able to confirm the correctness of the
calculations and royalty payments reported therein. The
regulations shall--
``(A) establish procedures for the designation of a
qualified independent auditor--
``(i) with exclusive authority to request verification of
such a statement of account on behalf of all copyright owners
whose works were the subject of secondary transmissions of
primary transmissions by the cable system (that deposited the
statement) during the accounting period covered by the
statement; and
``(ii) who is not an officer, employee, or agent of any
such copyright owner for any purpose other than such audit;
``(B) establish procedures for safeguarding all non-public
financial and business information provided under this
paragraph;
``(C)(i) require a consultation period for the independent
auditor to review its conclusions with a designee of the
cable system;
``(ii) establish a mechanism for the cable system to remedy
any errors identified in the auditor's report and to cure any
underpayment identified; and
``(iii) provide an opportunity to remedy any disputed facts
or conclusions;
``(D) limit the frequency of requests for verification for
a particular cable system and the number of audits that a
multiple system operator can be required to undergo in a
single year; and
``(E) permit requests for verification of a statement of
account to be made only within 3 years after the last day of
the year in which the statement of account is filed.
``(7) Acceptance of additional deposits.--Any royalty fee
payments received by the Copyright Office from cable systems
for the secondary transmission of primary transmissions that
are in addition to the payments calculated and deposited in
accordance with this subsection shall be deemed to have been
deposited for the particular accounting period for which they
are received and shall be distributed as specified under this
subsection.''.
(d) Effective Date of New Royalty Fee Rates.--The royalty
fee rates established in section 111(d)(1)(B) of title 17,
United States Code, as amended by subsection (c)(1)(C) of
this section, shall take effect commencing with the first
accounting period occurring in 2010.

[[Page 7649]]

(e) Definitions.--Section 111(f) is amended--
(1) by striking the first undesignated paragraph and
inserting the following:
``(1) Primary transmission.--A `primary transmission' is a
transmission made to the public by a transmitting facility
whose signals are being received and further transmitted by a
secondary transmission service, regardless of where or when
the performance or display was first transmitted. In the case
of a television broadcast station, the primary stream and any
multicast streams transmitted by the station constitute
primary transmissions.'';
(2) in the second undesignated paragraph--
(A) by striking ``A `secondary transmission''' and
inserting the following:
``(2) Secondary transmission.--A `secondary
transmission'''; and
(B) by striking ```cable system''' and inserting ``cable
system'';
(3) in the third undesignated paragraph--
(A) by striking ``A `cable system''' and inserting the
following:
``(3) Cable system.--A `cable system'''; and
(B) by striking ``Territory, Trust Territory, or
Possession'' and inserting ``territory, trust territory, or
possession of the United States'';
(4) in the fourth undesignated paragraph, in the first
sentence--
(A) by striking ``The `local service area of a primary
transmitter', in the case of a television broadcast station,
comprises the area in which such station is entitled to
insist'' and inserting the following:
``(4) Local service area of a primary transmitter.--The
`local service area of a primary transmitter', in the case of
both the primary stream and any multicast streams transmitted
by a primary transmitter that is a television broadcast
station, comprises the area where such primary transmitter
could have insisted'';
(B) by striking ``76.59 of title 47 of the Code of Federal
Regulations'' and inserting the following: ``76.59 of title
47, Code of Federal Regulations, or within the noise-limited
contour as defined in 73.622(e)(1) of title 47, Code of
Federal Regulations''; and
(C) by striking ``as defined by the rules and regulations
of the Federal Communications Commission,'';
(5) by amending the fifth undesignated paragraph to read as
follows:
``(5) Distant signal equivalent.--
``(A) In general.--Except as provided under subparagraph
(B), a `distant signal equivalent'--
``(i) is the value assigned to the secondary transmission
of any non-network television programming carried by a cable
system in whole or in part beyond the local service area of
the primary transmitter of such programming; and
``(ii) is computed by assigning a value of one to each
primary stream and to each multicast stream (other than a
simulcast) that is an independent station, and by assigning a
value of one-quarter to each primary stream and to each
multicast stream (other than a simulcast) that is a network
station or a noncommercial educational station.
``(B) Exceptions.--The values for independent, network, and
noncommercial educational stations specified in subparagraph
(A) are subject to the following:
``(i) Where the rules and regulations of the Federal
Communications Commission require a cable system to omit the
further transmission of a particular program and such rules
and regulations also permit the substitution of another
program embodying a performance or display of a work in place
of the omitted transmission, or where such rules and
regulations in effect on the date of the enactment of the
Copyright Act of 1976 permit a cable system, at its election,
to effect such omission and substitution of a nonlive program
or to carry additional programs not transmitted by primary
transmitters within whose local service area the cable system
is located, no value shall be assigned for the substituted or
additional program.
``(ii) Where the rules, regulations, or authorizations of
the Federal Communications Commission in effect on the date
of the enactment of the Copyright Act of 1976 permit a cable
system, at its election, to omit the further transmission of
a particular program and such rules, regulations, or
authorizations also permit the substitution of another
program embodying a performance or display of a work in place
of the omitted transmission, the value assigned for the
substituted or additional program shall be, in the case of a
live program, the value of one full distant signal equivalent
multiplied by a fraction that has as its numerator the number
of days in the year in which such substitution occurs and as
its denominator the number of days in the year.
``(iii) In the case of the secondary transmission of a
primary transmitter that is a television broadcast station
pursuant to the late-night or specialty programming rules of
the Federal Communications Commission, or the secondary
transmission of a primary transmitter that is a television
broadcast station on a part-time basis where full-time
carriage is not possible because the cable system lacks the
activated channel capacity to retransmit on a full-time basis
all signals that it is authorized to carry, the values for
independent, network, and noncommercial educational stations
set forth in subparagraph (A), as the case may be, shall be
multiplied by a fraction that is equal to the ratio of the
broadcast hours of such primary transmitter retransmitted by
the cable system to the total broadcast hours of the primary
transmitter.
``(iv) No value shall be assigned for the secondary
transmission of the primary stream or any multicast streams
of a primary transmitter that is a television broadcast
station in any community that is within the local service
area of the primary transmitter.'';
(6) by striking the sixth undesignated paragraph and
inserting the following:
``(6) Network station.--
``(A) Treatment of primary stream.--The term `network
station' shall be applied to a primary stream of a television
broadcast station that is owned or operated by, or affiliated
with, one or more of the television networks in the United
States providing nationwide transmissions, and that transmits
a substantial part of the programming supplied by such
networks for a substantial part of the primary stream's
typical broadcast day.
``(B) Treatment of multicast streams.--The term `network
station' shall be applied to a multicast stream on which a
television broadcast station transmits all or substantially
all of the programming of an interconnected program service
that--
``(i) is owned or operated by, or affiliated with, one or
more of the television networks described in subparagraph
(A); and
``(ii) offers programming on a regular basis for 15 or more
hours per week to at least 25 of the affiliated television
licensees of the interconnected program service in 10 or more
States.'';
(7) by striking the seventh undesignated paragraph and
inserting the following:
``(7) Independent station.--The term `independent station'
shall be applied to the primary stream or a multicast stream
of a television broadcast station that is not a network
station or a noncommercial educational station.'';
(8) by striking the eighth undesignated paragraph and
inserting the following:
``(8) Noncommercial educational station.--The term
`noncommercial educational station' shall be applied to the
primary stream or a multicast stream of a television
broadcast station that is a noncommercial educational
broadcast station as defined in section 397 of the
Communications Act of 1934, as in effect on the date of the
enactment of the Satellite Television Extension and Localism
Act of 2010.''; and
(9) by adding at the end the following:
``(9) Primary stream.--A `primary stream' is--
``(A) the single digital stream of programming that, before
June 12, 2009, was substantially duplicating the programming
transmitted by the television broadcast station as an analog
signal; or
``(B) if there is no stream described in subparagraph (A),
then the single digital stream of programming transmitted by
the television broadcast station for the longest period of
time.
``(10) Primary transmitter.--A `primary transmitter' is a
television or radio broadcast station licensed by the Federal
Communications Commission, or by an appropriate governmental
authority of Canada or Mexico, that makes primary
transmissions to the public.
``(11) Multicast stream.--A `multicast stream' is a digital
stream of programming that is transmitted by a television
broadcast station and is not the station's primary stream.
``(12) Simulcast.--A `simulcast' is a multicast stream of a
television broadcast station that duplicates the programming
transmitted by the primary stream or another multicast stream
of such station.
``(13) Subscriber; subscribe.--
``(A) Subscriber.--The term `subscriber' means a person or
entity that receives a secondary transmission service from a
cable system and pays a fee for the service, directly or
indirectly, to the cable system.
``(B) Subscribe.--The term `subscribe' means to elect to
become a subscriber.''.
(f) Timing of Section 111 Proceedings.--Section 804(b)(1)
is amended by striking ``2005'' each place it appears and
inserting ``2015''.
(g) Technical and Conforming Amendments.--
(1) Corrections to fix level designations.--Section 111 is
amended--
(A) in subsections (a), (c), and (e), by striking
``clause'' each place it appears and inserting ``paragraph'';
(B) in subsection (c)(1), by striking ``clauses'' and
inserting ``paragraphs''; and
(C) in subsection (e)(1)(F), by striking ``subclause'' and
inserting ``subparagraph''.
(2) Conforming amendment to hyphenate nonnetwork.--Section
111 is amended by striking ``nonnetwork'' each place it
appears and inserting ``non-network''.
(3) Previously undesignated paragraph.--Section 111(e)(1)
is amended by striking ``second paragraph of subsection (f)''
and inserting ``subsection (f)(2)''.
(4) Removal of superfluous ands.--Section 111(e) is
amended--

[[Page 7650]]

(A) in paragraph (1)(A), by striking ``and'' at the end;
(B) in paragraph (1)(B), by striking ``and'' at the end;
(C) in paragraph (1)(C), by striking ``and'' at the end;
(D) in paragraph (1)(D), by striking ``and'' at the end;
and
(E) in paragraph (2)(A), by striking ``and'' at the end.
(5) Removal of variant forms references.--Section 111 is
amended--
(A) in subsection (e)(4), by striking ``, and each of its
variant forms,''; and
(B) in subsection (f), by striking ``and their variant
forms''.
(6) Correction to territory reference.--Section 111(e)(2)
is amended in the matter preceding subparagraph (A) by
striking ``three territories'' and inserting ``five
entities''.
(h) Effective Date With Respect to Multicast Streams.--
(1) In general.--Subject to paragraphs (2) and (3), the
amendments made by this section, to the extent such
amendments assign a distant signal equivalent value to the
secondary transmission of the multicast stream of a primary
transmitter, shall take effect on the date of the enactment
of this Act.
(2) Delayed applicability.--
(A) Secondary transmissions of a multicast stream beyond
the local service area of its primary transmitter before 2010
act.--In any case in which a cable system was making
secondary transmissions of a multicast stream beyond the
local service area of its primary transmitter before the date
of the enactment of this Act, a distant signal equivalent
value (referred to in paragraph (1)) shall not be assigned to
secondary transmissions of such multicast stream that are
made on or before June 30, 2010.
(B) Multicast streams subject to preexisting written
agreements for the secondary transmission of such streams.--
In any case in which the secondary transmission of a
multicast stream of a primary transmitter is the subject of a
written agreement entered into on or before June 30, 2009,
between a cable system or an association representing the
cable system and a primary transmitter or an association
representing the primary transmitter, a distant signal
equivalent value (referred to in paragraph (1)) shall not be
assigned to secondary transmissions of such multicast stream
beyond the local service area of its primary transmitter that
are made on or before the date on which such written
agreement expires.
(C) No refunds or offsets for prior statements of
account.--A cable system that has reported secondary
transmissions of a multicast stream beyond the local service
area of its primary transmitter on a statement of account
deposited under section 111 of title 17, United States Code,
before the date of the enactment of this Act shall not be
entitled to any refund, or offset, of royalty fees paid on
account of such secondary transmissions of such multicast
stream.
(3) Definitions.--In this subsection, the terms ``cable
system'', ``secondary transmission'', ``multicast stream'',
and ``local service area of a primary transmitter'' have the
meanings given those terms in section 111(f) of title 17,
United States Code, as amended by this section.

SEC. 105. CERTAIN WAIVERS GRANTED TO PROVIDERS OF LOCAL-INTO-
LOCAL SERVICE FOR ALL DMAS.

Section 119 is amended by adding at the end the following
new subsection:
``(g) Certain Waivers Granted to Providers of Local-Into-
Local Service to All DMAs.--
``(1) Injunction waiver.--A court that issued an injunction
pursuant to subsection (a)(7)(B) before the date of the
enactment of this subsection shall waive such injunction if
the court recognizes the entity against which the injunction
was issued as a qualified carrier.
``(2) Limited temporary waiver.--
``(A) In general.--Upon a request made by a satellite
carrier, a court that issued an injunction against such
carrier under subsection (a)(7)(B) before the date of the
enactment of this subsection shall waive such injunction with
respect to the statutory license provided under subsection
(a)(2) to the extent necessary to allow such carrier to make
secondary transmissions of primary transmissions made by a
network station to unserved households located in short
markets in which such carrier was not providing local service
pursuant to the license under section 122 as of December 31,
2009.
``(B) Expiration of temporary waiver.--A temporary waiver
of an injunction under subparagraph (A) shall expire after
the end of the 120-day period beginning on the date such
temporary waiver is issued unless extended for good cause by
the court making the temporary waiver.
``(C) Failure to provide local-into-local service to all
dmas.--
``(i) Failure to act reasonably and in good faith.--If the
court issuing a temporary waiver under subparagraph (A)
determines that the satellite carrier that made the request
for such waiver has failed to act reasonably or has failed to
make a good faith effort to provide local-into-local service
to all DMAs, such failure--

``(I) is actionable as an act of infringement under section
501 and the court may in its discretion impose the remedies
provided for in sections 502 through 506 and subsection
(a)(6)(B) of this section; and
``(II) shall result in the termination of the waiver issued
under subparagraph (A).

``(ii) Failure to provide local-into-local service.--If the
court issuing a temporary waiver under subparagraph (A)
determines that the satellite carrier that made the request
for such waiver has failed to provide local-into-local
service to all DMAs, but determines that the carrier acted
reasonably and in good faith, the court may in its discretion
impose financial penalties that reflect--

``(I) the degree of control the carrier had over the
circumstances that resulted in the failure;
``(II) the quality of the carrier's efforts to remedy the
failure; and
``(III) the severity and duration of any service
interruption.

``(D) Single temporary waiver available.--An entity may
only receive one temporary waiver under this paragraph.
``(E) Short market defined.--For purposes of this
paragraph, the term `short market' means a local market in
which programming of one or more of the four most widely
viewed television networks nationwide as measured on the date
of the enactment of this subsection is not offered on the
primary stream transmitted by any local television broadcast
station.
``(3) Establishment of qualified carrier recognition.--
``(A) Statement of eligibility.--An entity seeking to be
recognized as a qualified carrier under this subsection shall
file a statement of eligibility with the court that imposed
the injunction. A statement of eligibility must include--
``(i) an affidavit that the entity is providing local-into-
local service to all DMAs;
``(ii) a motion for a waiver of the injunction;
``(iii) a motion that the court appoint a special master
under Rule 53 of the Federal Rules of Civil Procedure;
``(iv) an agreement by the carrier to pay all expenses
incurred by the special master under paragraph (4)(B)(ii);
and
``(v) a certification issued pursuant to section 342(a) of
Communications Act of 1934.
``(B) Grant of recognition as a qualified carrier.--Upon
receipt of a statement of eligibility, the court shall
recognize the entity as a qualified carrier and issue the
waiver under paragraph (1). Upon motion pursuant to
subparagraph (A)(iii), the court shall appoint a special
master to conduct the examination and provide a report to the
court as provided in paragraph (4)(B).
``(C) Voluntary termination.--At any time, an entity
recognized as a qualified carrier may file a statement of
voluntary termination with the court certifying that it no
longer wishes to be recognized as a qualified carrier. Upon
receipt of such statement, the court shall reinstate the
injunction waived under paragraph (1).
``(D) Loss of recognition prevents future recognition.--No
entity may be recognized as a qualified carrier if such
entity had previously been recognized as a qualified carrier
and subsequently lost such recognition or voluntarily
terminated such recognition under subparagraph (C).
``(4) Qualified carrier obligations and compliance.--
``(A) Continuing obligations.--
``(i) In general.--An entity recognized as a qualified
carrier shall continue to provide local-into-local service to
all DMAs.
``(ii) Cooperation with compliance examination.--An entity
recognized as a qualified carrier shall fully cooperate with
the special master appointed by the court under paragraph
(3)(B) in an examination set forth in subparagraph (B).
``(B) Qualified carrier compliance examination.--
``(i) Examination and report.--A special master appointed
by the court under paragraph (3)(B) shall conduct an
examination of, and file a report on, the qualified carrier's
compliance with the royalty payment and household eligibility
requirements of the license under this section. The report
shall address the qualified carrier's conduct during the
period beginning on the date on which the qualified carrier
is recognized as such under paragraph (3)(B) and ending on
April 30, 2012.
``(ii) Records of qualified carrier.--Beginning on the date
that is one year after the date on which the qualified
carrier is recognized as such under paragraph (3)(B), but not
later than December 1, 2011, the qualified carrier shall
provide the special master with all records that the special
master considers to be directly pertinent to the following
requirements under this section:

``(I) Proper calculation and payment of royalties under the
statutory license under this section.
``(II) Provision of service under this license to eligible
subscribers only.

``(iii) Submission of report.--The special master shall
file the report required by clause (i) not later than July
24, 2012, with the court referred to in paragraph (1) that
issued the injunction, and the court shall transmit a copy of
the report to the Register

[[Page 7651]]

of Copyrights, the Committees on the Judiciary and on Energy
and Commerce of the House of Representatives, and the
Committees on the Judiciary and on Commerce, Science, and
Transportation of the Senate.
``(iv) Evidence of infringement.--The special master shall
include in the report a statement of whether the examination
by the special master indicated that there is substantial
evidence that a copyright holder could bring a successful
action under this section against the qualified carrier for
infringement.
``(v) Subsequent examination.--If the special master's
report includes a statement that its examination indicated
the existence of substantial evidence that a copyright holder
could bring a successful action under this section against
the qualified carrier for infringement, the special master
shall, not later than 6 months after the report under clause
(i) is filed, initiate another examination of the qualified
carrier's compliance with the royalty payment and household
eligibility requirements of the license under this section
since the last report was filed under clause (iii). The
special master shall file a report on the results of the
examination conducted under this clause with the court
referred to in paragraph (1) that issued the injunction, and
the court shall transmit a copy to the Register of
Copyrights, the Committees on the Judiciary and on Energy and
Commerce of the House of Representatives, and the Committees
on the Judiciary and on Commerce, Science, and Transportation
of the Senate. The report shall include a statement described
in clause (iv).
``(vi) Compliance.--Upon motion filed by an aggrieved
copyright owner, the court recognizing an entity as a
qualified carrier shall terminate such designation upon
finding that the entity has failed to cooperate with the
examinations required by this subparagraph.
``(vii) Oversight.--During the period of time that the
special master is conducting an examination under this
subparagraph, the Comptroller General shall monitor the
degree to which the entity seeking to be recognized or
recognized as a qualified carrier under paragraph (3) is
complying with the special master's examination. The
qualified carrier shall make available to the Comptroller
General all records and individuals that the Comptroller
General considers necessary to meet the Comptroller General's
obligations under this clause. The Comptroller General shall
report the results of the monitoring required by this clause
to the Committees on the Judiciary and on Energy and Commerce
of the House of Representatives and the Committees on the
Judiciary and on Commerce, Science, and Transportation of the
Senate at intervals of not less than six months during such
period.
``(C) Affirmation.--A qualified carrier shall file an
affidavit with the district court and the Register of
Copyrights 30 months after such status was granted stating
that, to the best of the affiant's knowledge, it is in
compliance with the requirements for a qualified carrier. The
qualified carrier shall attach to its affidavit copies of all
reports or orders issued by the court, the special master,
and the Comptroller General.
``(D) Compliance determination.--Upon the motion of an
aggrieved television broadcast station, the court recognizing
an entity as a qualified carrier may make a determination of
whether the entity is providing local-into-local service to
all DMAs.
``(E) Pleading requirement.--In any motion brought under
subparagraph (D), the party making such motion shall specify
one or more designated market areas (as such term is defined
in section 122(j)(2)(C)) for which the failure to provide
service is being alleged, and, for each such designated
market area, shall plead with particularity the circumstances
of the alleged failure.
``(F) Burden of proof.--In any proceeding to make a
determination under subparagraph (D), and with respect to a
designated market area for which failure to provide service
is alleged, the entity recognized as a qualified carrier
shall have the burden of proving that the entity provided
local-into-local service with a good quality satellite signal
to at least 90 percent of the households in such designated
market area (based on the most recent census data released by
the United States Census Bureau) at the time and place
alleged.
``(5) Failure to provide service.--
``(A) Penalties.--If the court recognizing an entity as a
qualified carrier finds that such entity has willfully failed
to provide local-into-local service to all DMAs, such finding
shall result in the loss of recognition of the entity as a
qualified carrier and the termination of the waiver provided
under paragraph (1), and the court may, in its discretion--
``(i) treat such failure as an act of infringement under
section 501, and subject such infringement to the remedies
provided for in sections 502 through 506 and subsection
(a)(6)(B) of this section; and
``(ii) impose a fine of not less than $250,000 and not more
than $5,000,000.
``(B) Exception for nonwillful violation.--If the court
determines that the failure to provide local-into-local
service to all DMAs is nonwillful, the court may in its
discretion impose financial penalties for noncompliance that
reflect--
``(i) the degree of control the entity had over the
circumstances that resulted in the failure;
``(ii) the quality of the entity's efforts to remedy the
failure and restore service; and
``(iii) the severity and duration of any service
interruption.
``(6) Penalties for violations of license.--A court that
finds, under subsection (a)(6)(A), that an entity recognized
as a qualified carrier has willfully made a secondary
transmission of a primary transmission made by a network
station and embodying a performance or display of a work to a
subscriber who is not eligible to receive the transmission
under this section shall reinstate the injunction waived
under paragraph (1), and the court may order statutory
damages of not more than $2,500,000.
``(7) Local-into-local service to all dmas defined.--For
purposes of this subsection:
``(A) In general.--An entity provides `local-into-local
service to all DMAs' if the entity provides local service in
all designated market areas (as such term is defined in
section 122(j)(2)(C)) pursuant to the license under section
122.
``(B) Household coverage.--For purposes of subparagraph
(A), an entity that makes available local-into-local service
with a good quality satellite signal to at least 90 percent
of the households in a designated market area based on the
most recent census data released by the United States Census
Bureau shall be considered to be providing local service to
such designated market area.
``(C) Good quality satellite signal defined.--The term
`good quality satellite signal' has the meaning given such
term under section 342(e)(2) of Communications Act of
1934.''.

SEC. 106. COPYRIGHT OFFICE FEES.

Section 708(a) is amended--
(1) in paragraph (8), by striking ``and'' after the
semicolon;
(2) in paragraph (9), by striking the period and inserting
a semicolon;
(3) by inserting after paragraph (9) the following:
``(10) on filing a statement of account based on secondary
transmissions of primary transmissions pursuant to section
119 or 122; and
``(11) on filing a statement of account based on secondary
transmissions of primary transmissions pursuant to section
111.''; and
(4) by adding at the end the following new sentence: ``Fees
established under paragraphs (10) and (11) shall be
reasonable and may not exceed one-half of the cost necessary
to cover reasonable expenses incurred by the Copyright Office
for the collection and administration of the statements of
account and any royalty fees deposited with such
statements.''.

SEC. 107. TERMINATION OF LICENSE.

(a) Termination.--Section 119 of title 17, United States
Code, as amended by this Act, shall cease to be effective on
December 31, 2014.
(b) Conforming Amendment.--Section 1003(a)(2)(A) of Public
Law 111-118 (17 U.S.C. 119 note) is repealed.

SEC. 108. CONSTRUCTION.

Nothing in section 111, 119, or 122 of title 17, United
States Code, including the amendments made to such sections
by this title, shall be construed to affect the meaning of
any terms under the Communications Act of 1934, except to the
extent that such sections are specifically cross-referenced
in such Act or the regulations issued thereunder.

TITLE II--COMMUNICATIONS PROVISIONS

SEC. 201. REFERENCE.

SEC. 202. EXTENSION OF AUTHORITY.

Section 325(b) is amended--
(1) in paragraph (2)(C), by striking ``May 31, 2010'' and
inserting ``December 31, 2014''; and
(2) in paragraph (3)(C), by striking ``June 1, 2010'' each
place it appears in clauses (ii) and (iii) and inserting
``January 1, 2015''.

SEC. 203. SIGNIFICANTLY VIEWED STATIONS.

(a) In General.--Paragraphs (1) and (2) of section 340(b)
are amended to read as follows:
``(1) Service limited to subscribers taking local-into-
local service.--This section shall apply only to
retransmissions to subscribers of a satellite carrier who
receive retransmissions of a signal from that satellite
carrier pursuant to section 338.
``(2) Service limitations.--A satellite carrier may
retransmit to a subscriber in high definition format the
signal of a station determined by the Commission to be
significantly viewed under subsection (a) only if such
carrier also retransmits in high definition format the signal
of a station located in the local market of such subscriber
and affiliated with the same network whenever such format is
available from such station.''.
(b) Rulemaking Required.--Within 270 days after the date of
the enactment of this Act, the Federal Communications
Commission shall take all actions necessary to promulgate a
rule to implement the amendments made by subsection (a).

[[Page 7652]]

SEC. 204. DIGITAL TELEVISION TRANSITION CONFORMING
AMENDMENTS.

(a) Section 338.--Section 338 is amended--
(1) in subsection (a), by striking ``(3) effective date.--
No satellite'' and all that follows through ``until January
1, 2002.''; and
(2) by amending subsection (g) to read as follows:
``(g) Carriage of Local Stations on a Single Reception
Antenna.--
``(1) Single reception antenna.--Each satellite carrier
that retransmits the signals of local television broadcast
stations in a local market shall retransmit such stations in
such market so that a subscriber may receive such stations by
means of a single reception antenna and associated equipment.
``(2) Additional reception antenna.--If the carrier
retransmits the signals of local television broadcast
stations in a local market in high definition format, the
carrier shall retransmit such signals in such market so that
a subscriber may receive such signals by means of a single
reception antenna and associated equipment, but such antenna
and associated equipment may be separate from the single
reception antenna and associated equipment used to comply
with paragraph (1).''.
(b) Section 339.--Section 339 is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by striking ``Such two network
stations'' and all that follows through ``more than two
network stations.''; and
(B) in paragraph (2)--
(i) in the heading for subparagraph (A), by striking ``to
analog signals'';
(ii) in subparagraph (A)--

(I) in the heading for clause (i), by striking ``analog'';
(II) in clause (i)--

(aa) by striking ``analog'' each place it appears; and
(bb) by striking ``October 1, 2004'' and inserting
``October 1, 2009'';

(III) in the heading for clause (ii), by striking
``analog''; and
(IV) in clause (ii)--

(aa) by striking ``analog'' each place it appears; and
(bb) by striking ``2004'' and inserting ``2009'';
(iii) by amending subparagraph (B) to read as follows:
``(B) Rules for other subscribers.--
``(i) In general.--In the case of a subscriber of a
satellite carrier who is eligible to receive the signal of a
network station under this section (in this subparagraph
referred to as a `distant signal'), other than subscribers to
whom subparagraph (A) applies, the following shall apply:

``(I) In a case in which the satellite carrier makes
available to that subscriber, on January 1, 2005, the signal
of a local network station affiliated with the same
television network pursuant to section 338, the carrier may
only provide the secondary transmissions of the distant
signal of a station affiliated with the same network to that
subscriber if the subscriber's satellite carrier, not later
than March 1, 2005, submits to that television network the
list and statement required by subparagraph (F)(i).
``(II) In a case in which the satellite carrier does not
make available to that subscriber, on January 1, 2005, the
signal of a local network station pursuant to section 338,
the carrier may only provide the secondary transmissions of
the distant signal of a station affiliated with the same
network to that subscriber if--

``(aa) that subscriber seeks to subscribe to such distant
signal before the date on which such carrier commences to
carry pursuant to section 338 the signals of stations from
the local market of such local network station; and
``(bb) the satellite carrier, within 60 days after such
date, submits to each television network the list and
statement required by subparagraph (F)(ii).
``(ii) Special circumstances.--A subscriber of a satellite
carrier who was lawfully receiving the distant signal of a
network station on the day before the date of enactment of
the Satellite Television Extension and Localism Act of 2010
may receive both such distant signal and the local signal of
a network station affiliated with the same network until such
subscriber chooses to no longer receive such distant signal
from such carrier, whether or not such subscriber elects to
subscribe to such local signal.'';
(iv) in subparagraph (C)--

(I) by striking ``analog'';
(II) in clause (i), by striking ``the Satellite Home Viewer
Extension and Reauthorization Act of 2004; and'' and
inserting the following:

``the Satellite Television Extension and Localism Act of 2010
and, at the time such person seeks to subscribe to receive
such secondary transmission, resides in a local market where
the satellite carrier makes available to that person the
signal of a local network station affiliated with the same
television network pursuant to section 338 (and the
retransmission of such signal by such carrier can reach such
subscriber); or''; and

(III) by amending clause (ii) to read as follows:

``(ii) lawfully subscribes to and receives a distant signal
on or after the date of enactment of the Satellite Television
Extension and Localism Act of 2010, and, subsequent to such
subscription, the satellite carrier makes available to that
subscriber the signal of a local network station affiliated
with the same network as the distant signal (and the
retransmission of such signal by such carrier can reach such
subscriber), unless such person subscribes to the signal of
the local network station within 60 days after such signal is
made available.'';
(v) in subparagraph (D)--

(I) in the heading, by striking ``digital'';
(II) by striking clauses (i), (iii) through (v), (vii)
through (ix), and (xi);
(III) by redesignating clause (vi) as clause (i) and
transferring such clause to appear before clause (ii);
(IV) by amending such clause (i) (as so redesignated) to
read as follows:

``(i) Eligibility and signal testing.--A subscriber of a
satellite carrier shall be eligible to receive a distant
signal of a network station affiliated with the same network
under this section if, with respect to a local network
station, such subscriber--

``(I) is a subscriber whose household is not predicted by
the model specified in subsection (c)(3) to receive the
signal intensity required under section 73.622(e)(1) or, in
the case of a low-power station or translator station
transmitting an analog signal, section 73.683(a) of title 47,
Code of Federal Regulations, or a successor regulation;
``(II) is determined, based on a test conducted in
accordance with section 73.686(d) of title 47, Code of
Federal Regulations, or any successor regulation, not to be
able to receive a signal that exceeds the signal intensity
standard in section 73.622(e)(1) or, in the case of a low-
power station or translator station transmitting an analog
signal, section 73.683(a) of such title, or a successor
regulation; or
``(III) is in an unserved household, as determined under
section 119(d)(10)(A) of title 17, United States Code.'';
(V) in clause (ii)--

(aa) by striking ``digital'' in the heading;
(bb) by striking ``digital'' the first two places such term
appears;
(cc) by striking ``Satellite Home Viewer Extension and
Reauthorization Act of 2004'' and inserting ``Satellite
Television Extension and Localism Act of 2010''; and
(dd) by striking ``, whether or not such subscriber elects
to subscribe to local digital signals'';

(VI) by inserting after clause (ii) the following new
clause:

``(iii) Time-shifting prohibited.--In a case in which the
satellite carrier makes available to an eligible subscriber
under this subparagraph the signal of a local network station
pursuant to section 338, the carrier may only provide the
distant signal of a station affiliated with the same network
to that subscriber if, in the case of any local market in the
48 contiguous States of the United States, the distant signal
is the secondary transmission of a station whose prime time
network programming is generally broadcast simultaneously
with, or later than, the prime time network programming of
the affiliate of the same network in the local market.''; and

(VII) by redesignating clause (x) as clause (iv); and

(vi) in subparagraph (E), by striking ``distant analog
signal or'' and all that follows through ``(B), or (D))'' and
inserting ``distant signal'';
(2) in subsection (c)--
(A) by amending paragraph (3) to read as follows:
``(3) Establishment of improved predictive model and on-
location testing required.--
``(A) Predictive model.--Within 270 days after the date of
the enactment of the Satellite Television Extension and
Localism Act of 2010, the Commission shall develop and
prescribe by rule a point-to-point predictive model for
reliably and presumptively determining the ability of
individual locations, through the use of an antenna, to
receive signals in accordance with the signal intensity
standard in section 73.622(e)(1) of title 47, Code of Federal
Regulations, or a successor regulation, including to account
for the continuing operation of translator stations and low
power television stations. In prescribing such model, the
Commission shall rely on the Individual Location Longley-Rice
model set forth by the Commission in CS Docket No. 98-201, as
previously revised with respect to analog signals, and as
recommended by the Commission with respect to digital signals
in its Report to Congress in ET Docket No. 05-182, FCC 05-199
(released December 9, 2005). The Commission shall establish
procedures for the continued refinement in the application of
the model by the use of additional data as it becomes
available.
``(B) On-location testing.--The Commission shall issue an
order completing its rulemaking proceeding in ET Docket No.
06-94 within 270 days after the date of enactment of the
Satellite Television Extension and Localism Act of 2010. In
conducting such rulemaking, the Commission shall seek ways to
minimize consumer burdens associated with on-location
testing.'';
(B) by amending paragraph (4)(A) to read as follows:
``(A) In general.--If a subscriber's request for a waiver
under paragraph (2) is rejected

[[Page 7653]]

and the subscriber submits to the subscriber's satellite
carrier a request for a test verifying the subscriber's
inability to receive a signal of the signal intensity
referenced in clause (i) of subsection (a)(2)(D), the
satellite carrier and the network station or stations
asserting that the retransmission is prohibited with respect
to that subscriber shall select a qualified and independent
person to conduct the test referenced in such clause. Such
test shall be conducted within 30 days after the date the
subscriber submits a request for the test. If the written
findings and conclusions of a test conducted in accordance
with such clause demonstrate that the subscriber does not
receive a signal that meets or exceeds the requisite signal
intensity standard in such clause, the subscriber shall not
be denied the retransmission of a signal of a network station
under section 119(d)(10)(A) of title 17, United States
Code.'';
(C) in paragraph (4)(B), by striking ``the signal
intensity'' and all that follows through ``United States
Code'' and inserting ``such requisite signal intensity
standard''; and
(D) in paragraph (4)(E), by striking ``Grade B intensity''.
(c) Section 340.--Section 340(i) is amended by striking
paragraph (4).

SEC. 205. APPLICATION PENDING COMPLETION OF RULEMAKINGS.

(a) In General.--During the period beginning on the date of
the enactment of this Act and ending on the date on which the
Federal Communications Commission adopts rules pursuant to
the amendments to the Communications Act of 1934 made by
section 203 and section 204 of this title, the Federal
Communications Commission shall follow its rules and
regulations promulgated pursuant to sections 338, 339, and
340 of the Communications Act of 1934 as in effect on the day
before the date of the enactment of this Act.
(b) Translator Stations and Low Power Television
Stations.--Notwithstanding subsection (a), for purposes of
determining whether a subscriber within the local market
served by a translator station or a low power television
station affiliated with a television network is eligible to
receive distant signals under section 339 of the
Communications Act of 1934, the rules and regulations of the
Federal Communications Commission for determining such
subscriber's eligibility as in effect on the day before the
date of the enactment of this Act shall apply until the date
on which the translator station or low power television
station is licensed to broadcast a digital signal.
(c) Definitions.--As used in this subtitle:
(1) Local market; low power television station; satellite
carrier; subscriber; television broadcast station.--The terms
``local market'', ``low power television station'',
``satellite carrier'', ``subscriber'', and ``television
broadcast station'' have the meanings given such terms in
section 338(k) of the Communications Act of 1934.
(2) Network station; television network.--The terms
``network station'' and ``television network'' have the
meanings given such terms in section 339(d) of such Act.

SEC. 206. PROCESS FOR ISSUING QUALIFIED CARRIER
CERTIFICATION.

Part I of title III is amended by adding at the end the
following new section:

``SEC. 342. PROCESS FOR ISSUING QUALIFIED CARRIER
CERTIFICATION.

``(a) Certification.--The Commission shall issue a
certification for the purposes of section 119(g)(3)(A)(iii)
of title 17, United States Code, if the Commission determines
that--
``(1) a satellite carrier is providing local service
pursuant to the statutory license under section 122 of such
title in each designated market area; and
``(2) with respect to each designated market area in which
such satellite carrier was not providing such local service
as of the date of enactment of the Satellite Television
Extension and Localism Act of 2010--
``(A) the satellite carrier's satellite beams are designed,
and predicted by the satellite manufacturer's pre-launch test
data, to provide a good quality satellite signal to at least
90 percent of the households in each such designated market
area based on the most recent census data released by the
United States Census Bureau; and
``(B) there is no material evidence that there has been a
satellite or sub-system failure subsequent to the satellite's
launch that precludes the ability of the satellite carrier to
satisfy the requirements of subparagraph (A).
``(b) Information Required.--Any entity seeking the
certification provided for in subsection (a) shall submit to
the Commission the following information:
``(1) An affidavit stating that, to the best of the
affiant's knowledge, the satellite carrier provides local
service in all designated market areas pursuant to the
statutory license provided for in section 122 of title 17,
United States Code, and listing those designated market areas
in which local service was provided as of the date of
enactment of the Satellite Television Extension and Localism
Act of 2010.
``(2) For each designated market area not listed in
paragraph (1):
``(A) Identification of each such designated market area
and the location of its local receive facility.
``(B) Data showing the number of households, and maps
showing the geographic distribution thereof, in each such
designated market area based on the most recent census data
released by the United States Census Bureau.
``(C) Maps, with superimposed effective isotropically
radiated power predictions obtained in the satellite
manufacturer's pre-launch tests, showing that the contours of
the carrier's satellite beams as designed and the geographic
area that the carrier's satellite beams are designed to cover
are predicted to provide a good quality satellite signal to
at least 90 percent of the households in such designated
market area based on the most recent census data released by
the United States Census Bureau.
``(D) For any satellite relied upon for certification under
this section, an affidavit stating that, to the best of the
affiant's knowledge, there have been no satellite or sub-
system failures subsequent to the satellite's launch that
would degrade the design performance to such a degree that a
satellite transponder used to provide local service to any
such designated market area is precluded from delivering a
good quality satellite signal to at least 90 percent of the
households in such designated market area based on the most
recent census data released by the United States Census
Bureau.
``(E) Any additional engineering, designated market area,
or other information the Commission considers necessary to
determine whether the Commission shall grant a certification
under this section.
``(c) Certification Issuance.--
``(1) Public comment.--The Commission shall provide 30 days
for public comment on a request for certification under this
section.
``(2) Deadline for decision.--The Commission shall grant or
deny a request for certification within 90 days after the
date on which such request is filed.
``(d) Subsequent Affirmation.--An entity granted qualified
carrier status pursuant to section 119(g) of title 17, United
States Code, shall file an affidavit with the Commission 30
months after such status was granted stating that, to the
best of the affiant's knowledge, it is in compliance with the
requirements for a qualified carrier.
``(e) Definitions.--For the purposes of this section:
``(1) Designated market area.--The term `designated market
area' has the meaning given such term in section 122(j)(2)(C)
of title 17, United States Code.
``(2) Good quality satellite signal.--
``(A) In general.--The term ``good quality satellite
signal'' means--
``(i) a satellite signal whose power level as designed
shall achieve reception and demodulation of the signal at an
availability level of at least 99.7 percent using--

``(I) models of satellite antennas normally used by the
satellite carrier's subscribers; and
``(II) the same calculation methodology used by the
satellite carrier to determine predicted signal availability
in the top 100 designated market areas; and

``(ii) taking into account whether a signal is in standard
definition format or high definition format, compression
methodology, modulation, error correction, power level, and
utilization of advances in technology that do not circumvent
the intent of this section to provide for non-discriminatory
treatment with respect to any comparable television broadcast
station signal, a video signal transmitted by a satellite
carrier such that--

``(I) the satellite carrier treats all television broadcast
stations' signals the same with respect to statistical
multiplexer prioritization; and
``(II) the number of video signals in the relevant
satellite transponder is not more than the then current
greatest number of video signals carried on any equivalent
transponder serving the top 100 designated market areas.

``(B) Determination.--For the purposes of subparagraph (A),
the top 100 designated market areas shall be as determined by
Nielsen Media Research and published in the Nielsen Station
Index Directory and Nielsen Station Index United States
Television Household Estimates or any successor publication
as of the date of a satellite carrier's application for
certification under this section.''.

SEC. 207. NONDISCRIMINATION IN CARRIAGE OF HIGH DEFINITION
DIGITAL SIGNALS OF NONCOMMERCIAL EDUCATIONAL
TELEVISION STATIONS.

(a) In General.--Section 338(a) is amended by adding at the
end the following new paragraph:
``(5) Nondiscrimination in carriage of high definition
signals of noncommercial educational television stations.--
``(A) Existing carriage of high definition signals.--If,
before the date of enactment of the Satellite Television
Extension and Localism Act of 2010, an eligible satellite
carrier is providing, under section 122 of title 17, United
States Code, any secondary transmissions in high definition
format to subscribers located within the local market of a
television broadcast station of a primary transmission made
by that station, then such satellite carrier shall carry the
signals in high-definition format of qualified noncommercial
educational television stations

[[Page 7654]]

located within that local market in accordance with the
following schedule:
``(i) By December 31, 2010, in at least 50 percent of the
markets in which such satellite carrier provides such
secondary transmissions in high definition format.
``(ii) By December 31, 2011, in every market in which such
satellite carrier provides such secondary transmissions in
high definition format.
``(B) New initiation of service.--If, on or after the date
of enactment of the Satellite Television Extension and
Localism Act of 2010, an eligible satellite carrier initiates
the provision, under section 122 of title 17, United States
Code, of any secondary transmissions in high definition
format to subscribers located within the local market of a
television broadcast station of a primary transmission made
by that station, then such satellite carrier shall carry the
signals in high-definition format of all qualified
noncommercial educational television stations located within
that local market.''.
(b) Definitions.--Section 338(k) is amended--
(1) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Eligible satellite carrier.--The term `eligible
satellite carrier' means any satellite carrier that is not a
party to a carriage contract that--
``(A) governs carriage of at least 30 qualified
noncommercial educational television stations; and
``(B) is in force and effect within 150 days after the date
of enactment of the Satellite Television Extension and
Localism Act of 2010.'';
(3) by redesignating paragraphs (6) through (9) (as
previously redesignated) as paragraphs (7) through (10),
respectively; and
(4) by inserting after paragraph (5) (as so redesignated)
the following new paragraph:
``(6) Qualified noncommercial educational television
station.--The term `qualified noncommercial educational
television station' means any full-power television broadcast
station that--
``(A) under the rules and regulations of the Commission in
effect on March 29, 1990, is licensed by the Commission as a
noncommercial educational broadcast station and is owned and
operated by a public agency, nonprofit foundation, nonprofit
corporation, or nonprofit association; and
``(B) has as its licensee an entity that is eligible to
receive a community service grant, or any successor grant
thereto, from the Corporation for Public Broadcasting, or any
successor organization thereto, on the basis of the formula
set forth in section 396(k)(6)(B) of this title.''.

SEC. 208. SAVINGS CLAUSE REGARDING DEFINITIONS.

Nothing in this title or the amendments made by this title
shall be construed to affect--
(1) the meaning of the terms ``program related'' and
``primary video'' under the Communications Act of 1934; or
(2) the meaning of the term ``multicast'' in any
regulations issued by the Federal Communications Commission.

SEC. 209. STATE PUBLIC AFFAIRS BROADCASTS.

Section 335(b) is amended--
(1) by inserting ``STATE PUBLIC AFFAIRS,'' after
``EDUCATIONAL,'' in the heading;
(2) by striking paragraph (1) and inserting the following:
``(1) Channel capacity required.--
``(A) In general.--Except as provided in subparagraph (B),
the Commission shall require, as a condition of any
provision, initial authorization, or authorization renewal
for a provider of direct broadcast satellite service
providing video programming, that the provider of such
service reserve a portion of its channel capacity, equal to
not less than 4 percent nor more than 7 percent, exclusively
for noncommercial programming of an educational or
informational nature.
``(B) Requirement for qualified satellite provider.--The
Commission shall require, as a condition of any provision,
initial authorization, or authorization renewal for a
qualified satellite provider of direct broadcast satellite
service providing video programming, that such provider
reserve a portion of its channel capacity, equal to not less
than 3.5 percent nor more than 7 percent, exclusively for
noncommercial programming of an educational or informational
nature.'';
(3) in paragraph (5), by striking ``For purposes of the
subsection--'' and inserting ``For purposes of this
subsection:''; and
(4) by adding at the end of paragraph (5) the following:
``(C) The term `qualified satellite provider' means any
provider of direct broadcast satellite service that--
``(i) provides the retransmission of the State public
affairs networks of at least 15 different States;
``(ii) offers the programming of State public affairs
networks upon reasonable prices, terms, and conditions as
determined by the Commission under paragraph (4); and
``(iii) does not delete any noncommercial programming of an
educational or informational nature in connection with the
carriage of a State public affairs network.
``(D) The term `State public affairs network' means a non-
commercial non-broadcast network or a noncommercial
educational television station--
``(i) whose programming consists of information about State
government deliberations and public policy events; and
``(ii) that is operated by--

``(I) a State government or subdivision thereof;
``(II) an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 that is exempt from
taxation under section 501(a) of such Code and that is
governed by an independent board of directors; or
``(III) a cable system.''.

TITLE III--REPORTS AND SAVINGS PROVISION

SEC. 301. DEFINITION.

In this title, the term ``appropriate Congressional
committees'' means the Committees on the Judiciary and on
Commerce, Science, and Transportation of the Senate and the
Committees on the Judiciary and on Energy and Commerce of the
House of Representatives.

SEC. 302. REPORT ON MARKET BASED ALTERNATIVES TO STATUTORY
LICENSING.

Not later than 18 months after the date of the enactment of
this Act, and after consultation with the Federal
Communications Commission, the Register of Copyrights shall
submit to the appropriate Congressional committees a report
containing--
(1) proposed mechanisms, methods, and recommendations on
how to implement a phase-out of the statutory licensing
requirements set forth in sections 111, 119, and 122 of title
17, United States Code, by making such sections inapplicable
to the secondary transmission of a performance or display of
a work embodied in a primary transmission of a broadcast
station that is authorized to license the same secondary
transmission directly with respect to all of the performances
and displays embodied in such primary transmission;
(2) any recommendations for alternative means to implement
a timely and effective phase-out of the statutory licensing
requirements set forth in sections 111, 119, and 122 of title
17, United States Code; and
(3) any recommendations for legislative or administrative
actions as may be appropriate to achieve such a phase-out.

SEC. 303. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY
LICENSING MODIFICATIONS.

(a) Study.--The Comptroller General shall conduct a study
that analyzes and evaluates the changes to the carriage
requirements currently imposed on multichannel video
programming distributors under the Communications Act of 1934
(47 U.S.C. 151 et seq.) and the regulations promulgated by
the Federal Communications Commission that would be required
or beneficial to consumers, and such other matters as the
Comptroller General deems appropriate, if Congress
implemented a phase-out of the current statutory licensing
requirements set forth under sections 111, 119, and 122 of
title 17, United States Code. Among other things, the study
shall consider the impact such a phase-out and related
changes to carriage requirements would have on consumer
prices and access to programming.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall report
to the appropriate Congressional committees the results of
the study, including any recommendations for legislative or
administrative actions.

SEC. 304. REPORT ON IN-STATE BROADCAST PROGRAMMING.

Not later than 18 months after the date of the enactment of
this Act, the Federal Communications Commission shall submit
to the appropriate Congressional committees a report
containing an analysis of--
(1) the number of households in a State that receive the
signals of local broadcast stations assigned to a community
of license that is located in a different State;
(2) the extent to which consumers in each local market have
access to in-state broadcast programming over the air or from
a multichannel video programming distributor; and
(3) whether there are alternatives to the use of designated
market areas, as defined in section 122 of title 17, United
States Code, to define local markets that would provide more
consumers with in-state broadcast programming.

SEC. 305. LOCAL NETWORK CHANNEL BROADCAST REPORTS.

(a) Requirement.--
(1) In general.--On the 270th day after the date of the
enactment of this Act, and on each succeeding anniversary of
such 270th day, each satellite carrier shall submit an annual
report to the Federal Communications Commission setting
forth--
(A) each local market in which it--
(i) retransmits signals of 1 or more television broadcast
stations with a community of license in that market;
(ii) has commenced providing such signals in the preceding
1-year period; and
(iii) has ceased to provide such signals in the preceding
1-year period; and
(B) detailed information regarding the use and potential
use of satellite capacity for the retransmission of local
signals in each local market.

[[Page 7655]]

(2) Termination.--The requirement under paragraph (1) shall
cease after each satellite carrier has submitted 5 reports
under such paragraph.
(b) FCC Study; Report.--
(1) Study.--If no satellite carrier files a request for a
certification under section 342 of the Communications Act of
1934 (as added by section 206 of this title) within 270 days
after the date of the enactment of this Act, the Federal
Communications Commission shall initiate a study of--
(A) incentives that would induce a satellite carrier to
provide the signals of 1 or more television broadcast
stations licensed to provide signals in local markets in
which the satellite carrier does not provide such signals;
and
(B) the economic and satellite capacity conditions
affecting delivery of local signals by satellite carriers to
these markets.
(2) Report.--Within 1 year after the date of the initiation
of the study under paragraph (1), the Federal Communications
Commission shall submit a report to the appropriate
Congressional committees containing its findings,
conclusions, and recommendations.
(c) Definitions.--In this section--
(1) the terms ``local market'' and ``satellite carrier''
have the meaning given such terms in section 339(d) of the
Communications Act of 1934 (47 U.S.C. 339(d)); and
(2) the term ``television broadcast station'' has the
meaning given such term in section 325(b)(7) of such Act (47
U.S.C. 325(b)(7)).

SEC. 306. SAVINGS PROVISION REGARDING USE OF NEGOTIATED
LICENSES.

(a) In General.--Nothing in this Act, title 17, United
States Code, the Communications Act of 1934, regulations
promulgated by the Register of Copyrights under this title or
title 17, United States Code, or regulations promulgated by
the Federal Communications Commission under this Act or the
Communications Act of 1934 shall be construed to prevent a
multichannel video programming distributor from
retransmitting a performance or display of a work pursuant to
an authorization granted by the copyright owner or, if within
the scope of its authorization, its licensee.
(b) Limitation.--Nothing in subsection (a) shall be
construed to affect any obligation of a multichannel video
programming distributor under section 325(b) of the
Communications Act of 1934 to obtain the authority of a
television broadcast station before retransmitting that
station's signal.

SEC. 307. EFFECTIVE DATE; NONINFRINGEMENT OF COPYRIGHT.

(a) Effective Date.--Unless specifically provided
otherwise, this Act, and the amendments made by this Act,
shall take effect on February 27, 2010, and with the
exception of the reference in subsection (b), all references
to the date of enactment of this Act shall be deemed to refer
to February 27, 2010, unless otherwise specified.
(b) Noninfringement of Copyright.--The secondary
transmission of a performance or display of a work embodied
in a primary transmission is not an infringement of copyright
if it was made by a satellite carrier on or after February
27, 2010, and prior to enactment of this Act, and was in
compliance with the law as in existence on February 27, 2010.

TITLE IV--SEVERABILITY

SEC. 401. SEVERABILITY.

If any provision of this Act, an amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
remainder of this Act, the amendments made by this Act, and
the application of such provision or amendment to any person
or circumstance shall not be affected thereby.

TITLE V--DETERMINATION OF BUDGETARY EFFECTS

SEC. 501. DETERMINATION OF BUDGETARY EFFECTS.

(a) In General.--The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-You-Go-Act of
2010, shall be determined by reference to the latest
statement titled ``Budgetary Effects of PAYGO Legislation''
for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee,
provided that such statement has been submitted prior to the
vote on passage.

____________________

EXECUTIVE SESSION

______

EXECUTIVE CALENDAR

Mr. WHITEHOUSE. I ask unanimous consent that the Senate proceed to
executive session to consider Calendar Nos. 849 to and including 879
and all nominations on the Secretary's desk in the Air Force, Army,
Marine Corps, and Navy; that the nominations be confirmed en bloc, the
motions to reconsider be laid upon the table en bloc; that no further
motions be in order; any statements relating to the nominations be
printed in the Record, the President be immediately notified of the
Senate's action, and the Senate then resume legislative session.
The PRESIDING OFFICER. Without objection, it is so ordered.
The nominations considered and confirmed en bloc are as follows:

in the air force

The following named officer for appointment in the United
States Air Force to the grade indicated under title 10,
U.S.C., section 624:

To be brigadier general

Colonel Kenneth J. Moran

The following named officer for appointment in the United
States Air Force to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:

To be general

Lt. Gen. Edward A. Rice, Jr.

The following named officers for appointment in the United
States Air Force to the grade indicated under title 10,
U.S.C., section 624:

To be brigadier general

Colonel David W. Allvin
Colonel Balan R. Ayyar
Colonel Thomas W. Bergeson
Colonel Jack L. Briggs, II
Colonel James S. Browne
Colonel Arnold W. Bunch, Jr.
Colonel Theresa C. Carter
Colonel Scott L. Dennis
Colonel John W. Doucette
Colonel Sandra E. Finan
Colonel Donald S. George
Colonel Jerry D. Harris, Jr.
Colonel Kevin J. Jacobsen
Colonel Scott W. Jansson
Colonel Richard A. Klumpp, Jr.
Colonel Leslie A. Kodlick
Colonel Gregory J. Lengyel
Colonel James F. Martin, Jr.
Colonel Robert D. McMurry, Jr.
Colonel Edward M. Minahan
Colonel Jon A. Norman
Colonel James N. Post, III
Colonel Steven M. Shepro
Colonel Jay B. Silveria
Colonel David D. Thompson
Colonel William J. Thornton
Colonel Kenneth E. Todorov
Colonel Linda R. Urrutia-Varhall
Colonel Burke E. Wilson

The following named officers for appointment in the United
States Air Force to the grade indicated under title 10,
U.S.C., section 624:

To be major general

Brigadier General Mark A. Barrett
Brigadier General Michael R. Boera
Brigadier General Edward L. Bolton, Jr.
Brigadier General Joseph D. Brown, IV
Brigadier General Norman J. Brozenick, Jr.
Brigadier General Sharon K.G. Dunbar
Brigadier General David S. Fadok
Brigadier General Jonathan D. George
Brigadier General Walter D. Givhan
Brigadier General Mark W. Graper
Brigadier General James W. Hyatt
Brigadier General John E. Hyten
Brigadier General Richard C. Johnston
Brigadier General James J. Jones
Brigadier General Bruce A. Litchfield
Brigadier General Charles W. Lyon
Brigadier General Wendy M. Masiello
Brigadier General Kenneth D. Merchant
Brigadier General Harry D. Polumbo, Jr.
Brigadier General John D. Posner
Brigadier General Lori J. Robinson
Brigadier General Mark O. Schissler
Brigadier General Margaret H. Woodward

The following named officer for appointment in the United
States Air Force to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:

To be lieutenant general

Maj. Gen. Eric E. Fiel

In the army

The following named officer for appointment in the United
States Army to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:

To be general

Lt. Gen. Keith B. Alexander

The following named officer for appointment in the United
States Army to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601, and to be a Senior Member of the
Military Staff Committee of the United Nations under title
10, U.S.C., section 711:

To be lieutenant general

Lt. Gen. Charles H. Jacoby, Jr.

The following named officer for appointment in the United
States Army to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:

To be lieutenant general

Maj. Gen. Daniel P. Bolger

The following named officer for appointment in the United
States Army to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:

To be lieutenant general

Lt. Gen. David P. Fridovich

The following named officer for appointment in the Reserve
of the Army to the

[[Page 7656]]

grade indicated under title 10, U.S.C., section 12203:

To be major general

Brig. Gen. Donald C. Leins

The following named officer for appointment in the United
States Army to the grade indicated under title 10, U.S.C.,
sections 624 and 3064:

To be brigadier general

Col. Nadja Y. West

The following named officer for appointment as Chief of the
Dental Corps, and Assistant Surgeon General for Dental
Services, United States Army and for appointment to the grade
indicated under title 10, U.S.C., sections 3036 and 3039(b):

To be major general

Col. Ming T. Wong

IN THE NAVY

The following named officer for appointment in the United
States Navy to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:

To be admiral

Vice Adm. James A. Winnefeld, Jr.

The following named officer for appointment in the United
States Navy to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:

To be vice admiral

Rear Adm. Carol M. Pottenger

The following named officer for appointment in the United
States Navy to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:

To be vice admiral

Rear Adm. Scott R. Van Buskirk

The following named officer for appointment in the United
States Navy to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:

To be vice admiral

Rear Adm. Mark I. Fox

The following named officer for appointment in the United
States Navy to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:

To be vice admiral

Vice Adm. David J. Venlet

The following named officer for appointment in the United
States Navy to the grade indicated under title 10, U.S.C.,
section 624:

To be rear admiral

Rear Adm. (lh) Elizabeth S. Niemyer

The following named officer for appointment in the United
States Navy to the grade indicated under title 10, U.S.C.,
section 624:

To be rear admiral (lower half)

Capt. Margaret G. Kibben

The following named officer for appointment in the United
States Navy to the grade indicated under title 10, U.S.C.,
section 624:

To be rear admiral (lower half)

Capt. David M. Boone

The following named officers for appointment in the United
States Navy to the grade indicated under title 10, U.S.C.,
section 624:

To be rear admiral (lower half)

Capt. Robert J. A. Gilbeau
Capt. Glenn C. Robillard

The following named officers for appointment in the United
States Navy to the grade indicated under title 10, U.S.C.,
section 624:

To be rear admiral (lower half)

Captain John C. Aquilino
Captain Sean S. Buck
Captain David M. Duryea
Captain Peter J. Fanta
Captain David J. Gale
Captain Charles M. Gaouette
Captain Michael M. Gilday
Captain Patrick D. Hall
Captain Jeffrey A. Harley
Captain Ronald Horton
Captain Philip G. Howe
Captain Kevin J. Kovacich
Captain Dietrich H. Kuhlmann, III
Captain Mark C. Montgomery
Captain Scott P. Moore
Captain Kenneth J. Norton
Captain Tilghman D. Payne
Captain Jeffrey R. Penfield
Captain Frederick J. Roegge
Captain Phillip G. Sawyer
Captain John W. Smith, Jr.
Captain David F. Steindl
Captain Kevin M. Sweeney
Captain Joseph E. Tofalo
Captain Michael A. Walley
Captain Michael S. White

The following named officers for appointment in the United
States Navy to the grade indicated under title 10, U.S.C.,
section 624:

To be rear admiral (lower half)

Capt. Brett C. Heimbigner
Capt. Matthew J. Kohler

The following named officers for appointment in the United
States Navy to the grade indicated under title 10, U.S.C.,
section 624:

To be rear admiral (lower half)

Capt. James D. Syring
Capt. Gregory R. Thomas

The following named officer for appointment in the United
States Navy to the grade indicated under title 10, U.S.C.,
section 624:

To be rear admiral (lower half)

Capt. Mathias W. Winter

The following named officer for appointment as Chief of
Chaplains, United States Navy, and appointment to the grade
indicated under title 10, U.S.C., section 5142:

To be rear admiral

Rear Adm. (h) Mark L. Tidd

The following named officer for appointment in the United
States Navy to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:

To be vice admiral

Rear Adm. Allen G. Myers

in the marine corps

The following named officer for appointment in the United
States Marine Corps to the grade indicated while assigned to
a position of importance and responsibility unde title 10,
U.S.C., section 601:

To be lieutenant general

Lt. Gen. Duane D. Thiessen

The following named officer for appointment to the grade of
lieutenant general in the United States Marine Corps while
assigned to a position of importance and responsibility under
title 10, U.S.C., section 601:

To be lieutenant general

Lt. Gen. Dennis J. Hejlik

The following named officers for appointment in the United
States Marine Corps to the grade indicated under title 10,
U.S.C., section 624:

To be major general

Brigadier General Ronald L. Bailey
Brigadier General Jon M. Davis
Brigadier General David C. Garza
Brigadier General Timothy C. Hanifen
Brigadier General James A. Kessler
Brigadier General Richard M. Lake
Brigadier General James B. Laster
Brigadier General Angela Salinas
Brigadier General Peter J. Talleri
Brigadier General Robert S. Walsh

The following named officers for appointment in the United
States Marine Corps to the grade indicated under title 10,
U.S.C., section 624:

To be brigadier general

Colonel Brian D. Beaudreault
Colonel Vincent A. Coglianese
Colonel Craig C. Crenshaw
Colonel Francis L. Kelley, Jr.
Colonel John K. Love
Colonel James W. Lukeman
Colonel Carl E. Mundy, III
Colonel Kevin J. Nally
Colonel Daniel J. O'Donohue
Colonel Steven R. Rudder
Colonel John W. Simmons
Colonel Gary L. Thomas

Nominations Placed on the Secretary's Desk

in the air force

PN1274 AIR FORCE nominations (16) beginning RANDALL M.
ASHMORE, and ending JAMES A. SPERL, which nominations were
received by the Senate and appeared in the Congressional
Record of December 11, 2009.
PN1534 AIR FORCE nomination of Carolyn Ann Moore Benyshek,
which was received by the Senate and appeared in the
Congressional Record of March 9, 2010.
PN1560 AIR FORCE nominations (11) beginning ELIZABETH R.
ANDERSONDOZE, and ending KAREN M. WHARTON, which nominations
were received by the Senate and appeared in the Congressional
Record of March 10, 2010.
PN1662 AIR FORCE nominations (110) beginning SANDRA S.
AGUILLON, and ending SHAWNA A. ZIERKE, which nominations were
received by the Senate and appeared in the Congressional
Record of April 21, 2010.
PN1674 AIR FORCE nomination of Gerard G. Couvillion, which
was received by the Senate and appeared in the Congressional
Record of April 26, 2010.
PN1675 AIR FORCE nomination of Eric W. Adcock, which was
received by the Senate and appeared in the Congressional
Record of April 26, 2010.
PN1676 AIR FORCE nominations (6) beginning DREW C. JOHNSON,
and ending JUSTIN P. OLSEN, which nominations were received
by the Senate and appeared in the Congressional Record of
April 26, 2010.

in the army

PN1535-1 ARMY nominations (25) beginning RONALD J. DYKSTRA,
and ending ANTHONY T. WILSON, which nominations were received
by the Senate and appeared in the Congressional Record of
March 9, 2010.
PN1561 ARMY nomination of Stephen T. Sauter, which was
received by the Senate and appeared in the Congressional
Record of March 10, 2010.
PN1562 ARMY nomination of Miles T. Gengler, which was
received by the Senate and appeared in the Congressional
Record of March 10, 2010.
PN1585 ARMY nominations (61) beginning DINO J. BESINGA, and
ending SANG J.

[[Page 7657]]

WON, which nominations were received by the Senate and
appeared in the Congressional Record of March 25, 2010.
PN1586 ARMY nominations (8) beginning JAMES J. AIELLO, and
ending WALTER C. PEREZ, which nominations were received by
the Senate and appeared in the Congressional Record of March
25, 2010.
PN1666 ARMY nomination of Ramsey B. Salem, which was
received by the Senate and appeared in the Congressional
Record of April 21, 2010.
PN1678 ARMY nomination of Douglas B. Guard, which was
received by the Senate and appeared in the Congressional
Record of April 26, 2010.
PN1679 ARMY nomination of Cheryl Maguire, which was
received by the Senate and appeared in the Congressional
Record of April 26, 2010.
PN1680 ARMY nomination of Shirley M. Ochoa-Dobies, which
was received by the Senate and appeared in the Congressional
Record of April 26, 2010.
PN1681 ARMY nominations (2) beginning DAVID W. TERHUNE, and
ending PAUL E. WRIGHT, which nominations were received by the
Senate and appeared in the Congressional Record of April 26,
2010.
PN1682 ARMY nominations (3) beginning JUAN G. LOPEZ, and
ending ROBERT G. SWARTS, which nominations were received by
the Senate and appeared in the Congressional Record of April
26, 2010.
PN1683 ARMY nominations (6) beginning CHRISTOPHER T. BLAIS,
and ending JILL D. SIMONSON, which nominations were received
by the Senate and appeared in the Congressional Record of
April 26, 2010.
PN1684 ARMY nominations (12) beginning DARRELL W.
CARPENTER, and ending MIST L. WRAY, which nominations were
received by the Senate and appeared in the Congressional
Record of April 26, 2010.
PN1685 ARMY nominations (56) beginning JENIFER L. BREAUX,
and ending LEON M. WILSON, which nominations were received by
the Senate and appeared in the Congressional Record of April
26, 2010.
PN1705 ARMY nominations (928) beginning TYLER M.
ABERCROMBIE, and ending D010186, which nominations were
received by the Senate and appeared in the Congressional
Record of April 26, 2010.
PN1706 ARMY nominations (501) beginning GREGORY J. ADY, and
ending G010044, which nominations were received by the Senate
and appeared in the Congressional Record of April 26, 2010.
PN1707 ARMY nominations (521) beginning EDWARD V.
ABRAHAMSON, and ending D006165, which nominations were
received by the Senate and appeared in the Congressional
Record of April 26, 2010.
PN1724 ARMY nominations (3) beginning CARL E. STEINBECK,
and ending JENNIFER M. MCKENNA, which nominations were
received by the Senate and appeared in the Congressional
Record of April 28, 2010.
PN1733 ARMY nominations (7) beginning JAMES L. CASSARELLA,
and ending RONALD A. WESTFALL, which nominations were
received by the Senate and appeared in the Congressional
Record of April 29, 2010.
PN1734 ARMY nominations (5) beginning ANTHONY ABBOTT, and
ending JEFFREY F. WILSON, which nominations were received by
the Senate and appeared in the Congressional Record of April
29, 2010.

in the marine corps

PN1318 MARINE CORPS nominations (41) beginning DAVID F.
ALLEN, and ending MARVIN A. WILLIAMS, which nominations were
received by the Senate and appeared in the Congressional
Record of December 21, 2009.
PN1319 MARINE CORPS nominations (663) beginning JOSE M.
ACEVEDO, and ending CHAD W. ZIMMERMAN, which nominations were
received by the Senate and appeared in the Congressional
Record of December 21, 2009.
PN1447 MARINE CORPS nominations (117) beginning WALTER T.
ANDERSON, and ending KENNETH M. WOODARD, which nominations
were received by the Senate and appeared in the Congressional
Record of February 4, 2010.
PN1448 MARINE CORPS nominations (262) beginning STEPHEN J.
ACOSTA, and ending LUIS R. ZAMARRIPA, which nominations were
received by the Senate and appeared in the Congressional
Record of February 4, 2010.
PN1503 MARINE CORPS nomination of Peter W. McDaniel, which
was received by the Senate and appeared in the Congressional
Record of March 3, 2010.
PN1505 MARINE CORPS nomination of Dean R. Keck, which was
received by the Senate and appeared in the Congressional
Record of March 3, 2010.

in the NAVY

PN1536 NAVY nomination of James H. Jones, which was
received by the Senate and appeared in the Congressional
Record of March 9, 2010.
PN1537 NAVY nomination of Enrique G. Molina, which was
received by the Senate and appeared in the Congressional
Record of March 9, 2010.
PN1538 NAVY nomination of Scott A. Carpenter, which was
received by the Senate and appeared in the Congressional
Record of March 9, 2010.
PN1539 NAVY nomination of Christopher C. Richard, which was
received by the Senate and appeared in the Congressional
Record of March 9, 2010.
PN1540 NAVY nomination of Jacob C. Hinz, which was received
by the Senate and appeared in the Congressional Record of
March 9, 2010.
PN1541 NAVY nomination of Stanley E. Hovell, which was
received by the Senate and appeared in the Congressional
Record of March 9, 2010.
PN1542 NAVY nomination of Rivka L. Weiss, which was
received by the Senate and appeared in the Congressional
Record of March 9, 2010.
PN1543 NAVY nomination of Shawn M. Stebbins, which was
received by the Senate and appeared in the Congressional
Record of March 9, 2010.
PN1544 NAVY nomination of Henry D. Lange, which was
received by the Senate and appeared in the Congressional
Record of March 9, 2010.
PN1545 NAVY nomination of Christie M. Quietmeyer, which was
received by the Senate and appeared in the Congressional
Record of March 9, 2010.
PN1587 NAVY nomination of Beth A. Hoffman, which was
received by the Senate and appeared in the Congressional
Record of March 25, 2010.
PN1588 NAVY nominations (10) beginning JOHN W. CHEATHAM,
and ending NOBURO YAMAKI, which nominations were received by
the Senate and appeared in the Congressional Record of March
25, 2010.
PN1589 NAVY nominations (39) beginning GREGORY M. SARACCO,
and ending LUKE A. ZABROCKI, which nominations were received
by the Senate and appeared in the Congressional Record of
March 25, 2010.
PN1629 NAVY nominations (3) beginning JOHN T. FOJUT, and
ending ANNE D. RESTREPO, which nominations were received by
the Senate and appeared in the Congressional Record of April
14, 2010.
PN1686 NAVY nomination of Gregory J. Murrey, which was
received by the Senate and appeared in the Congressional
Record of April 26, 2010.
PN1687 NAVY nomination of Patrick V. Bailey, which was
received by the Senate and appeared in the Congressional
Record of April 26, 2010.
PN1702 NAVY nomination of Andrew K. Bailey, which was
received by the Senate and appeared in the Congressional
Record of April 26, 2010.
PN1703 NAVY nomination of Todd J. Oswald, which was
received by the Senate and appeared in the Congressional
Record of April 26, 2010.
PN1704 NAVY nomination of Maria D. Julia-Montanez, which
was received by the Senate and appeared in the Congressional
Record of April 26, 2010.
PN1725 NAVY nominations (8) beginning WILLIAM T. CARNEY,
and ending ANDREA S. STILLER, which nominations were received
by the Senate and appeared in the Congressional Record of
April 28, 2010.
PN1735 NAVY nomination of Frederick Harris, which was
received by the Senate and appeared in the Congressional
Record of April 29, 2010.
PN1736 NAVY nomination of Paul N. Langevin, which was
received by the Senate and appeared in the Congressional
Record of April 29, 2010.

____________________

LEGISLATIVE SESSION

The PRESIDING OFFICER. The Senate will resume legislative session.

____________________

ORDERS FOR MONDAY, MAY 10, 2010

Mr. WHITEHOUSE. I ask unanimous consent that when the Senate
completes its business today, it adjourn until 2 p.m., Monday, May 10;
that following the prayer and pledge, the Journal of proceedings be
approved to date, the morning hour be deemed expired, the time for the
two leaders be reserved for their use later in the day, and the Senate
proceed to a period of morning business until 3 p.m., with Senators
permitted to speak therein for up to 10 minutes each; that following
morning business, the Senate resume consideration of S. 3217, Wall
Street reform.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

PROGRAM

Mr. WHITEHOUSE. Mr. President, I can announce that there will be no
rollcall votes during Monday's session of the Senate.

____________________

ADJOURNMENT UNTIL MONDAY, MAY 10, 2010, AT 2 P.M.

Mr. WHITEHOUSE. If there is no further business to come before the
Senate, I ask unanimous consent that it adjourn under the previous
order.

[[Page 7658]]

There being no objection, the Senate, at 1:04 p.m., adjourned until
Monday, May 10, 2010, at 2 p.m.

____________________

NOMINATIONS

Executive nominations received by the Senate:

Department of State

PHILLIP CARTER III, OF VIRGINIA, A CAREER MEMBER OF THE
SENIOR FOREIGN SERVICE, CLASS OF MINISTER--COUNSELOR, TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE REPUBLIC OF COTE D'IVOIRE.
GERALD M. FEIERSTEIN, OF PENNSYLVANIA, A CAREER MEMBER OF
THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER--COUNSELOR, TO
BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE REPUBLIC OF YEMEN.
PETER MICHAEL MCKINLEY, OF VIRGINIA, A CAREER MEMBER OF THE
SENIOR FOREIGN SERVICE, CLASS OF MINISTER--COUNSELOR, TO BE
AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED
STATES OF AMERICA TO THE REPUBLIC OF COLOMBIA.

In the Air Force

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be lieutenant general

MAJ. GEN. FRANK J. KISNER

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 624:

To be brigadier general

COLONEL JEFFREY L. HARRIGIAN
COLONEL JOHN F. NEWELL III
COLONEL MARK C. NOWLAND
COLONEL ROBERT D. THOMAS

____________________

CONFIRMATIONS

Executive nominations confirmed by the Senate, Friday, May 7, 2010:

In the Air Force

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 624:

To be brigadier general

COLONEL KENNETH J. MORAN

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be general

LT. GEN. EDWARD A. RICE, JR.

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 624:

To be brigadier general

COLONEL DAVID W. ALLVIN
COLONEL BALAN R. AYYAR
COLONEL THOMAS W. BERGESON
COLONEL JACK L. BRIGGS II
COLONEL JAMES S. BROWNE
COLONEL ARNOLD W. BUNCH, JR.
COLONEL THERESA C. CARTER
COLONEL SCOTT L. DENNIS
COLONEL JOHN W. DOUCETTE
COLONEL SANDRA E. FINAN
COLONEL DONALD S. GEORGE
COLONEL JERRY D. HARRIS, JR.
COLONEL KEVIN J. JACOBSEN
COLONEL SCOTT W. JANSSON
COLONEL RICHARD A. KLUMPP, JR.
COLONEL LESLIE A. KODLICK
COLONEL GREGORY J. LENGYEL
COLONEL JAMES F. MARTIN, JR.
COLONEL ROBERT D. MCMURRY, JR.
COLONEL EDWARD M. MINAHAN
COLONEL JON A. NORMAN
COLONEL JAMES N. POST III
COLONEL STEVEN M. SHEPRO
COLONEL JAY B. SILVERIA
COLONEL DAVID D. THOMPSON
COLONEL WILLIAM J. THORNTON
COLONEL KENNETH E. TODOROV
COLONEL LINDA R. URRUTIA-VARHALL
COLONEL BURKE E. WILSON

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 624:

To be major general

BRIGADIER GENERAL MARK A. BARRETT
BRIGADIER GENERAL MICHAEL R. BOERA
BRIGADIER GENERAL EDWARD L. BOLTON, JR.
BRIGADIER GENERAL JOSEPH D. BROWN IV
BRIGADIER GENERAL NORMAN J. BROZENICK, JR.
BRIGADIER GENERAL SHARON K.G. DUNBAR
BRIGADIER GENERAL DAVID S. FADOK
BRIGADIER GENERAL JONATHAN D. GEORGE
BRIGADIER GENERAL WALTER D. GIVHAN
BRIGADIER GENERAL MARK W. GRAPER
BRIGADIER GENERAL JAMES W. HYATT
BRIGADIER GENERAL JOHN E. HYTEN
BRIGADIER GENERAL RICHARD C. JOHNSTON
BRIGADIER GENERAL JAMES J. JONES
BRIGADIER GENERAL BRUCE A. LITCHFIELD
BRIGADIER GENERAL CHARLES W. LYON
BRIGADIER GENERAL WENDY M. MASIELLO
BRIGADIER GENERAL KENNETH D. MERCHANT
BRIGADIER GENERAL HARRY D. POLUMBO, JR.
BRIGADIER GENERAL JOHN D. POSNER
BRIGADIER GENERAL LORI J. ROBINSON
BRIGADIER GENERAL MARK O. SCHISSLER
BRIGADIER GENERAL MARGARET H. WOODWARD

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be lieutenant general

MAJ. GEN. ERIC E. FIEL

In the Army

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be general

LT. GEN. KEITH B. ALEXANDER

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601, AND TO BE A SENIOR MEMBER OF THE
MILITARY STAFF COMMITTEE OF THE UNITED NATIONS UNDER TITLE
10, U.S.C., SECTION 711:

To be lieutenant general

LT. GEN. CHARLES H. JACOBY, JR.

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be lieutenant general

MAJ. GEN. DANIEL P. BOLGER

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be lieutenant general

LT. GEN. DAVID P. FRIDOVICH

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE
OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 12203:

To be major general

BRIG. GEN. DONALD C. LEINS

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTIONS 624 AND 3064:

To be brigadier general

COL. NADJA Y. WEST

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS CHIEF OF THE
DENTAL CORPS, AND ASSISTANT SURGEON GENERAL FOR DENTAL
SERVICES, UNITED STATES ARMY AND FOR APPOINTMENT TO THE GRADE
INDICATED UNDER TITLE 10, U.S.C., SECTIONS 3036 AND 3039(B):

To be major general

COL. MING T. WONG

In the Navy

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be admiral

VICE ADM. JAMES A. WINNEFELD, JR.

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be vice admiral

REAR ADM. CAROL M. POTTENGER

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be vice admiral

REAR ADM. SCOTT R. VAN BUSKIRK

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be vice admiral

REAR ADM. MARK I. FOX

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be vice admiral

VICE ADM. DAVID J. VENLET

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral

REAR ADM. (LH) ELIZABETH S. NIEMYER

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. MARGARET G. KIBBEN

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. DAVID M. BOONE

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. ROBERT J. A. GILBEAU
CAPT. GLENN C. ROBILLARD

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPTAIN JOHN C. AQUILINO
CAPTAIN SEAN S. BUCK
CAPTAIN DAVID M. DURYEA
CAPTAIN PETER J. FANTA
CAPTAIN DAVID J. GALE
CAPTAIN CHARLES M. GAOUETTE
CAPTAIN MICHAEL M. GILDAY
CAPTAIN PATRICK D. HALL
CAPTAIN JEFFREY A. HARLEY
CAPTAIN RONALD HORTON
CAPTAIN PHILIP G. HOWE
CAPTAIN KEVIN J. KOVACICH
CAPTAIN DIETRICH H. KUHLMANN III
CAPTAIN MARK C. MONTGOMERY
CAPTAIN SCOTT P. MOORE
CAPTAIN KENNETH J. NORTON
CAPTAIN TILGHMAN D. PAYNE
CAPTAIN JEFFREY R. PENFIELD
CAPTAIN FREDERICK J. ROEGGE
CAPTAIN PHILLIP G. SAWYER
CAPTAIN JOHN W. SMITH, JR.
CAPTAIN DAVID F. STEINDL
CAPTAIN KEVIN M. SWEENEY
CAPTAIN JOSEPH E. TOFALO
CAPTAIN MICHAEL A. WALLEY
CAPTAIN MICHAEL S. WHITE

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. BRETT C. HEIMBIGNER
CAPT. MATTHEW J. KOHLER

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. JAMES D. SYRING
CAPT. GREGORY R. THOMAS

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C.,
SECTION 624:

To be rear admiral (lower half)

CAPT. MATHIAS W. WINTER

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS CHIEF OF
CHAPLAINS, UNITED STATES NAVY, AND APPOINTMENT TO THE GRADE
INDICATED UNDER TITLE 10, U.S.C., SECTION 5142:

To be rear admiral

REAR ADM. (LH) MARK L. TIDD

[[Page 7659]]

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be vice admiral

REAR ADM. ALLEN G. MYERS

In the Marine Corps

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES MARINE CORPS TO THE GRADE INDICATED WHILE ASSIGNED TO
A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:

To be lieutenant general

LT. GEN. DUANE D. THIESSEN

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE OF
LIEUTENANT GENERAL IN THE UNITED STATES MARINE CORPS WHILE
ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER
TITLE 10, U.S.C., SECTION 601:

To be lieutenant general

LT. GEN. DENNIS J. HEJLIK

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES MARINE CORPS TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 624:

To be major general

BRIGADIER GENERAL RONALD L. BAILEY
BRIGADIER GENERAL JON M. DAVIS
BRIGADIER GENERAL DAVID C. GARZA
BRIGADIER GENERAL TIMOTHY C. HANIFEN
BRIGADIER GENERAL JAMES A. KESSLER
BRIGADIER GENERAL RICHARD M. LAKE
BRIGADIER GENERAL JAMES B. LASTER
BRIGADIER GENERAL ANGELA SALINAS
BRIGADIER GENERAL PETER J. TALLERI
BRIGADIER GENERAL ROBERT S. WALSH

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES MARINE CORPS TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 624:

To be brigadier general

COLONEL BRIAN D. BEAUDREAULT
COLONEL VINCENT A. COGLIANESE
COLONEL CRAIG C. CRENSHAW
COLONEL FRANCIS L. KELLEY, JR.
COLONEL JOHN K. LOVE
COLONEL JAMES W. LUKEMAN
COLONEL CARL E. MUNDY III
COLONEL KEVIN J. NALLY
COLONEL DANIEL J. O'DONOHUE
COLONEL STEVEN R. RUDDER
COLONEL JOHN W. SIMMONS
COLONEL GARY L. THOMAS

In the Air Force

AIR FORCE NOMINATIONS BEGINNING WITH RANDALL M. ASHMORE AND
ENDING WITH JAMES A. SPERL, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
DECEMBER 11, 2009.
AIR FORCE NOMINATION OF CAROLYN ANN MOORE BENYSHEK, TO BE
COLONEL.
AIR FORCE NOMINATIONS BEGINNING WITH ELIZABETH R.
ANDERSONDOZE AND ENDING WITH KAREN M. WHARTON, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE
CONGRESSIONAL RECORD ON MARCH 10, 2010.
AIR FORCE NOMINATIONS BEGINNING WITH SANDRA S. AGUILLON AND
ENDING WITH SHAWNA A. ZIERKE, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
APRIL 21, 2010.
AIR FORCE NOMINATION OF GERARD G. COUVILLION, TO BE
COLONEL.
AIR FORCE NOMINATION OF ERIC W. ADCOCK, TO BE MAJOR.
AIR FORCE NOMINATIONS BEGINNING WITH DREW C. JOHNSON AND
ENDING WITH JUSTIN P. OLSEN, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
APRIL 26, 2010.

In the Army

ARMY NOMINATIONS BEGINNING WITH RONALD J. DYKSTRA AND
ENDING WITH ANTHONY T. WILSON, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON MARCH 9, 2010.
ARMY NOMINATION OF STEPHEN T. SAUTER, TO BE COLONEL.
ARMY NOMINATION OF MILES T. GENGLER, TO BE MAJOR.
ARMY NOMINATIONS BEGINNING WITH DINO J. BESINGA AND ENDING
WITH SANG J. WON, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 25,
2010.
ARMY NOMINATIONS BEGINNING WITH JAMES J. AIELLO AND ENDING
WITH WALTER C. PEREZ, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 25,
2010.
ARMY NOMINATION OF RAMSEY B. SALEM, TO BE COLONEL.
ARMY NOMINATION OF DOUGLAS B. GUARD, TO BE MAJOR.
ARMY NOMINATION OF CHERYL MAGUIRE, TO BE MAJOR.
ARMY NOMINATION OF SHIRLEY M. OCHOA-DOBIES, TO BE MAJOR.
ARMY NOMINATIONS BEGINNING WITH DAVID W. TERHUNE AND ENDING
WITH PAUL E. WRIGHT, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 26,
2010.
ARMY NOMINATIONS BEGINNING WITH JUAN G. LOPEZ AND ENDING
WITH ROBERT G. SWARTS, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 26,
2010.
ARMY NOMINATIONS BEGINNING WITH CHRISTOPHER T. BLAIS AND
ENDING WITH JILL D. SIMONSON, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
APRIL 26, 2010.
ARMY NOMINATIONS BEGINNING WITH DARRELL W. CARPENTER AND
ENDING WITH MIST L. WRAY, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL
26, 2010.
ARMY NOMINATIONS BEGINNING WITH JENIFER L. BREAUX AND
ENDING WITH LEON M. WILSON, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
APRIL 26, 2010.
ARMY NOMINATIONS BEGINNING WITH TYLER M. ABERCROMBIE AND
ENDING WITH D010186, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 26,
2010.
ARMY NOMINATIONS BEGINNING WITH GREGORY J. ADY AND ENDING
WITH G010044, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 26, 2010.
ARMY NOMINATIONS BEGINNING WITH EDWARD V. ABRAHAMSON AND
ENDING WITH D006165, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 26,
2010.
ARMY NOMINATIONS BEGINNING WITH CARL E. STEINBECK AND
ENDING WITH JENNIFER M. MCKENNA, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON APRIL 28, 2010.
ARMY NOMINATIONS BEGINNING WITH JAMES L. CASSARELLA AND
ENDING WITH RONALD A. WESTFALL, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON APRIL 29, 2010.
ARMY NOMINATIONS BEGINNING WITH ANTHONY ABBOTT AND ENDING
WITH JEFFREY F. WILSON, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL
29, 2010.

In the Marine Corps

MARINE CORPS NOMINATIONS BEGINNING WITH DAVID F. ALLEN AND
ENDING WITH MARVIN A. WILLIAMS, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON DECEMBER 21, 2009.
MARINE CORPS NOMINATIONS BEGINNING WITH JOSE M. ACEVEDO AND
ENDING WITH CHAD W. ZIMMERMAN, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON DECEMBER 21, 2009.
MARINE CORPS NOMINATIONS BEGINNING WITH WALTER T. ANDERSON
AND ENDING WITH KENNETH M. WOODARD, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON FEBRUARY 4, 2010.
MARINE CORPS NOMINATIONS BEGINNING WITH STEPHEN J. ACOSTA
AND ENDING WITH LUIS R. ZAMARRIPA, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON FEBRUARY 4, 2010.
MARINE CORPS NOMINATION OF PETER W. MCDANIEL, TO BE
LIEUTENANT COLONEL.
MARINE CORPS NOMINATION OF DEAN R. KECK, TO BE LIEUTENANT
COLONEL.

In the Navy

NAVY NOMINATION OF JAMES H. JONES, TO BE CAPTAIN.
NAVY NOMINATION OF ENRIQUE G. MOLINA, TO BE COMMANDER.
NAVY NOMINATION OF SCOTT A. CARPENTER, TO BE COMMANDER.
NAVY NOMINATION OF CHRISTOPHER C. RICHARD, TO BE COMMANDER.
NAVY NOMINATION OF JACOB C. HINZ, TO BE COMMANDER.
NAVY NOMINATION OF STANLEY E. HOVELL, TO BE LIEUTENANT
COMMANDER.
NAVY NOMINATION OF RIVKA L. WEISS, TO BE LIEUTENANT
COMMANDER.
NAVY NOMINATION OF SHAWN M. STEBBINS, TO BE LIEUTENANT
COMMANDER.
NAVY NOMINATION OF HENRY D. LANGE, TO BE LIEUTENANT
COMMANDER.
NAVY NOMINATION OF CHRISTIE M. QUIETMEYER, TO BE LIEUTENANT
COMMANDER.
NAVY NOMINATION OF BETH A. HOFFMAN, TO BE LIEUTENANT
COMMANDER.
NAVY NOMINATIONS BEGINNING WITH JOHN W. CHEATHAM AND ENDING
WITH NOBURO YAMAKI, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 25,
2010.
NAVY NOMINATIONS BEGINNING WITH GREGORY M. SARACCO AND
ENDING WITH LUKE A. ZABROCKI, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
MARCH 25, 2010.
NAVY NOMINATIONS BEGINNING WITH JOHN T. FOJUT AND ENDING
WITH ANNE D. RESTREPO, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON APRIL 14,
2010.
NAVY NOMINATION OF GREGORY J. MURREY, TO BE CAPTAIN.
NAVY NOMINATION OF PATRICK V. BAILEY, TO BE CAPTAIN.
NAVY NOMINATION OF ANDREW K. BAILEY, TO BE LIEUTENANT
COMMANDER.
NAVY NOMINATION OF TODD J. OSWALD, TO BE LIEUTENANT
COMMANDER.
NAVY NOMINATION OF MARIA D. JULIA-MONTANEZ, TO BE
LIEUTENANT COMMANDER.
NAVY NOMINATIONS BEGINNING WITH WILLIAM T. CARNEY AND
ENDING WITH ANDREA S. STILLER, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON APRIL 28, 2010.
NAVY NOMINATION OF FREDERICK HARRIS, TO BE COMMANDER.
NAVY NOMINATION OF PAUL N. LANGEVIN, TO BE LIEUTENANT
COMMANDER.

____________________

WITHDRAWAL

Executive Message transmitted by the President to the Senate on May
7, 2010 withdrawing from further Senate consideration the following
nomination:

STEVEN L. JACQUES, OF KANSAS, TO BE AN ASSISTANT SECRETARY
OF HOUSING AND URBAN DEVELOPMENT, VICE CATHY M. MACFARLANE,
WHICH WAS SENT TO THE SENATE ON SEPTEMBER 29, 2009.

[[Page 7660]]

EXTENSIONS OF REMARKS
____________________

BACH FESTIVAL OF WINTER PARK, FLORIDA

______

HON. JOHN L. MICA

of florida

in the house of representatives

Friday, May 7, 2010

Mr. MICA. Madam Speaker, I rise today to bring special recognition to
the Bach Festival Society of Winter Park, Florida. This year 2010 marks
the 75th Anniversary of this significant cultural organization and its
outstanding music festival.
Over the past decades thousands of people have enjoyed and
participated in the special event that highlights and appreciates
musical performances and talented artists. This unique event which has
been supported by local citizens, state and federal agencies has
enriched the lives of countless individuals for three quarters of a
century.
This year's 75th Winter Park Bach Festival coincides with the 325th
birthday of Johann Sebastian Bach. Although the composer and master of
music is long departed, this extraordinary music celebration allows his
work and the music of other great masters to live on and be enjoyed
today.
Congratulations to all those associated with and supporting this
effort, including the festival's host Rollins College and its renowned
Knowles Memorial Chapel. Special recognition is also well deserved for
the Bach Festival Board of Trustees and its staff who work to carry on
this great cultural legacy.
Also it is important to highlight the Festival Society's efforts to
promote a young artist's competition that ensures great talent and
fosters music appreciation in our future generations.
Madam Speaker, I know my colleagues in the U.S. House of
Representatives join me in praising and saluting the special
accomplishments and anniversary of the Winter Park Bach Festival and
its society members.

____________________

A TRIBUTE TO VICKI LEVIN, PUBLIC SERVANT

______

HON. DAVID E. PRICE

of north carolina

in the house of representatives

Friday, May 7, 2010

Mr. PRICE of North Carolina. Madam Speaker, I rise to direct the
House's attention to Public Service Recognition Week, a time in which
we honor the more than 20 million men and women who serve our Nation as
Federal, State, county and local government employees.
On May 4, 2010, I joined the Partnership for Public Service at an
event they hosted to commend all of our Nation's public servants and to
recognize one in particular: the late Vicki Levin, wife of our
colleague from Michigan. The Partnership presented a plaque to
Representative Sandy Levin with the following inscription: ``In memory
of Vicki Levin with deep appreciation for three decades of dedicated
service to our country.'' I was pleased to offer the following remarks
to commend our Nation's public servants and to honor Vicki Levin. I
also wish to enclose in the Record a column reflecting on Vicki's
exemplary public service, written by the Levins' son, Andy.

remarks at the partnership for public service reception honoring vicki
levin

Thank you for inviting me to join you at tonight's
celebration of Public Service Recognition Week. It's a
pleasure to be here and to help acknowledge the contributions
of our nation's public servants--and of one very dedicated
individual in particular.
As a political scientist by training, I am often asked
about how the academic perspective of government compares
with the day to day reality. The question itself is as
interesting as the answer, because it reveals the tendency of
both academics and civilians to view government as a kind of
abstract entity. But in a representational democracy,
government is very much a living entity. It is intended to be
an instrument of our common purpose, and like most
instruments, it doesn't play itself. People make government
work.
People keep us safe from terrorist threats and food-borne
illness; people develop new treatments for diseases; people
protect our natural resources. The list goes on and on, and
yet, far too often, we overlook--or simply take for granted--
these people: America's public servants. And so for all you
do to make government work in pursuit of the greater good,
let me say thank you.
You stepped up to the plate, and we urgently need to find
more people who are willing to take up the mantle of public
service. In the next few years, an estimated one-third of the
government's top scientists, engineers, physicians,
mathematicians, economists, and other highly specialized
professionals are expected to retire.
Since a high-quality workforce is the key to success for
any organization, we need to both inspire the next generation
to enter government service--and make sure we have the tools
to compete for the country's best minds. I'm pleased to have
worked with the Partnership for Public Service on legislation
to do just that: The Roosevelt Scholars Act (H.R. 1161). This
legislation would create a much needed pipeline of talent for
the federal government by awarding graduate-level
scholarships to students who commit to public service.
Another element of our personnel and recruitment efforts
must be recognizing public servants and lauding the intrinsic
rewards of a career in government service. I believe it is
the personal stories of our public servants themselves that
will best help us make this case.
One such person is Vicki Levin, the dear wife of our friend
and colleague Congressman Sandy Levin, who passed away in
September 2008.
The Levin family has a long record of service in our
justice and judicial systems both in their home state of
Michigan and here in Congress. Sandy chairs the Ways and
Means Committee in the House while his brother Carl chairs
Armed Services in the Senate; they are the longest-serving
brothers in congressional history and one of the few sets
ever to serve as chairman simultaneously. And yet Sandy's
son, Andy, who oversees workforce development and adult
education programs for the state of Michigan, says it was not
his father or his uncle who inspired him to choose a career
in public service.
Andy wrote a column about his mother shortly after her
death, the sort of column any of us would be immeasurably
proud to have our children write. Andy says this about the
source of his inspiration: ``my mom . . . not famous and
never elected to office . . . a classic `Washington
bureaucrat'.''
Vicki worked for nearly three decades--until health reasons
forced her to retire--as a science research officer for a
variety of agencies within the U.S. Department of Health and
Human Services (DHHS). During her career there, as well as
for much of her life, she was a tireless advocate for
research on children's mental health. In fact, it was her
interest in this issue that prompted Sandy to spearhead an
effort to rewrite Michigan's special education laws during
the time he was serving as a state senator.
The official description of Vicki's work on an NIH
scientific review committee is that she ran a committee of
scientists who decided which research proposals to fund in
the areas of infant and children's mental health. However, as
with many of our public servants, that description simply
doesn't give a full picture of what her job really was, or
more importantly, what her work meant to the average person.
Since her death, volumes of letters from coast to coast
have been sent to the Levin family. Some credited Vicki Levin
with helping develop the emerging field of development
psychopathology; many highlighted how she improved the lives
of children by advancing research on the biological and
environmental factors necessary for a healthy childhood; a
number of scholars credited her with nurturing and
encouraging their work at a critical point; and others told
personal stories about how Vicki helped them through a
personal situation.

In his column, Andy Levin noted that Vicki ``was like so many others
among the 21 million federal, state, and local public servants who make
sure we have clean water to drink, safe roads and park lands, and who
try to protect us from things such as tainted Chinese milk without
setting up crippling barriers to international trade.''
Vicki Levin serves as a perfect example of the kind of person that
conducts government work: someone whose goal is promoting and
protecting the common good. Her story is a stirring reminder of the
recognition that public service professionals merit, and an inspiration
for others to join her son and commit to a life of public service.

[[Page 7661]]

[From the Detroit Free Press, Nov. 27, 2008]

Be Grateful for Public Servants, Maybe Become One Yourself

(By Andy Levin)

I come from a family of public servants, people who work
for the people.
In recent years, this calling has fallen out of public
favor. Approval ratings for the federal government sank to
37% this year, from a high of 73% six years earlier,
according to the Pew Center. While much of this has to do
with the economy and attitudes toward the Bush
administration, distrust of ``Washington bureaucrats'' is an
enduring feature of the American polity.
But two developments herald a public service comeback.
The first, of course, was the election--and the campaign--
of Barack Obama. More than any other successful presidential
candidate since John Kennedy in 1960, Obama placed at the
center of his campaign a call for each of us to serve and to
sacrifice for the common good.
The second is the financial meltdown. In the last quarter
century, Democratic and Republican administrations alike
participated in the mechanistic trend of ``less government is
better'' to the point where banks and investment houses could
engage in virtually any scheme to make money with no one
really responsible for making sure decisions were sound. And
the companies were able to pay their executives outrageous
sums that bore no relationship to performance.
In this moment of political opening in reaction to economic
crisis, people seem to be realizing that we need public
servants, people whose goal is promoting and protecting the
common good, to build a new financial system that encourages
investment, the building of real things and the provision of
useful services, and that holds financial decision makers
accountable for their actions--the essence of capitalism.
If you've been in Michigan for any time at all, you may
recognize my last name from our family's long line of public
servants. My grandpa, Saul Levin, served on the Michigan
Corrections Commission. Saul's brother, Theodore, was a
federal judge, and Uncle Ted's son, Charles, served on the
Michigan Supreme Court. My dad, U.S. Rep. Sandy Levin, and my
uncle, U.S. Sen. Carl Levin, have quietly become the longest
serving brothers in the history of Congress.
But it's none of these men who set me to wondering whether
we're about to see a public service renaissance. No, it was
my mom, Vicki Levin, not famous and never elected to office.
For almost 30 years, until she was forced to retire in the
spring for health reasons, Mom worked hard as a federal
employee--a classic ``Washington bureaucrat.''
We kids thought we knew a lot about Mom's career. She ran a
committee of scientists who decided which research proposals
to fund in the area of infant and children's mental health.
We watched her read through mountains of papers, often
bringing work home. We watched her sweat in preparation for
the thrice-yearly meetings of her committee, making sure all
the details were just right.
But I don't think I ever appreciated what her work meant to
her and to others, not fully. Back when I lived in the
Washington, D.C., area, I tried to convince Mom to retire so
she could spend more time with my four kids and her other
grandchildren. After all, she was in her early 70s. Why not
kick back? Mom bristled at the idea, saying her work and her
relationship with colleagues were central to her life.
When her battle with breast cancer forced her to retire in
April, we all learned just what Mom was talking about--and
just how much public service can mean. Letters of tribute
poured in from colleagues, dozens and dozens of research
scientists at universities from coast to coast. (You can read
them at http://eskoink.com/VL/Vickilevin.pdf.)
Many scholars, some now department chairs, told detailed
stories about how they got their research start with Mom's
help, or how she co-authored a paper with one scientist that
is still her most cited work, or how her committee was the
intellectual salon of their field.
Some credit her with helping create the emerging field of
developmental psychopathology. More than one said she has
made the lives of children everywhere better by helping spawn
and nourish path-breaking research on the biological and
environmental factors necessary for a healthy childhood. Many
of them told personal stories about how Mom had counseled
them through a divorce, adoption or rocky situation at the
office.
OK, this is my mom, so you can imagine how reading all this
felt. But if you step back, Vicki Levin was like so many
others among the 21 million federal, state and local public
servants who make sure we have clean water to drink, safe
roads and park lands, and who try to protect us from things
such as tainted Chinese milk without setting up crippling
barriers to international trade.
Thanksgiving will be hard for my family this year. Mom died
Sept. 4 just a few weeks shy of my parents' 51st wedding
anniversary. But as we gather together, and each work
privately through our losses and gratitudes, I wonder whether
our nation is ready to move on from the simplistic notion
that ``government is the problem.''
Perhaps, with the consequences of unregulated greed staring
us in the face this holiday, we are ready to give thanks for
the humble public servants, who forgo the greater monetary
rewards of the private sector to toil for the good of us all.

____________________

PERSONAL EXPLANATION

______

HON. RUSS CARNAHAN

of missouri

in the house of representatives

Friday, May 7, 2010

Mr. CARNAHAN. Madam Speaker, due to being unavoidably delayed, I
missed the vote on the Velazquez/Gutierrez Amendment No. 5 to H.R. 2499
(Roll No. 238). I would like the Record to reflect that I would have
voted against this amendment, which failed overwhelmingly by a margin
of 11-387, had I been present to record my vote.

____________________

RECOGNIZING THE 10,000TH GED ``GRADUATE'' FROM THE SOUTHWESTERN
ILLINOIS COLLEGE ADULT EDUCATION PROGRAM

______

HON. JERRY F. COSTELLO

of illinois

in the house of representatives

Friday, May 7, 2010

Mr. COSTELLO. Madam Speaker, I rise today to ask my colleagues to
join me in recognizing the 10,000th GED ``graduate'' from the Adult
Education Program at Southwestern Illinois College.
In 1990, Southwestern Illinois College changed its adult education
programming from a general literacy effort to a program focused on
preparing students for the GED test and transitioning them into
postsecondary education. Martha Giordano, Ph.D., who headed the program
then, recalls that ``It was like a light coming on. Students wanted a
high school completion so they could move on. We had to make everything
we did relate to this primary goal.'' The program revised its
curriculum and course scheduling to accomplish that goal.
Martha O'Malley, the St. Clair County Regional Superintendent of
Education at the time, also saw the light and decided to help. She made
GED testing locally available when she took on the responsibility of
testing and persuaded the other district Regional Superintendents to do
likewise. GED tests were administered monthly throughout the district
and registration for testing became an ongoing activity in the regional
offices. This practice continues to the present.
``This combination of intensive, highly focused instruction and
frequent local testing accounts for our high numbers,'' states
Giordano. ``When students come to our program, they know we will take
them from where they are and push them forward until they are ready for
that test.''
Southwestern Illinois College keeps careful records of the students
who pass, and in October 2009, it recorded its 10,000th GED
``graduate.'' This year, at its annual GED Certificate Ceremony--May
19, 2010--the College and District will celebrate this important
milestone.
Southwestern Illinois College has one of the largest adult education
programs in Illinois. It averages over 500 graduates annually, and last
year 573 of its students earned the GED. Over the years 42 percent of
these GED graduates have enrolled in undergraduate programs at
Southwestern alone. ``We see our former adult education students in the
halls and classrooms at SWIC and all about town,'' reports Janice
Buchwald, the current GED Director. The program has students who have
finished nursing programs, transferred to 4-year institutions and are
working as lab technicians, graphic designers, cafeteria managers,
salespersons and in a host of other occupations. Undoubtedly
Southwestern Illinois College's adult education efforts are having a
significant impact on the lives of many district residents.

[[Page 7662]]

Madam Speaker, I ask my colleagues to join me in congratulating the
board, administration, faculty and students of Southwestern Illinois
College as they recognize and celebrate the 10,000th GED ``graduate''
from their Adult Education Program.

____________________

PERSONAL EXPLANATION

______

HON. MICHAEL N. CASTLE

of delaware

in the house of representatives

Friday, May 7, 2010

Mr. CASTLE. Madam Speaker, on rollcall No. 252, the Barton of Texas
Amendment No. 2 to H.R. 5019, the Home Star Energy Retrofit Act of
2010, had I been present, I would have voted ``aye.''