S5622 CONGRESSIONAL RECORD — SENATE July 26, 2012 

Policy and Conservation Act (42 U.S.C. 

6343(f)(1)) is amended— 

(1) by redesignating subparagraph (B) as 

subparagraph (D); and 

(2) by striking subparagraph (A) and inserting the following: 

‘‘(A) $100,000,000 for fiscal year 2008; 

‘‘(B) $200,000,000 for each of fiscal years 2009 

and 2010; 

‘‘(C) $100,000,000 for each of fiscal years 2011 

and 2012; and’’. 

(d) ENERGY-INTENSIVE INDUSTRIES PROGRAM.—Section 452(f)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 

17111(f)(1)) is amended— 

(1) in subparagraph (D), by striking 

‘‘$202,000,000’’ and inserting ‘‘$102,000,000’’; 

and 

(2) in subparagraph (E), by striking 

‘‘$208,000,000’’ and inserting ‘‘$108,000,000’’. 

SEC. 892. ADVANCE APPROPRIATIONS REQUIRED. 

The authorization of amounts under this 

title and the amendments made by this title 

shall be effective for any fiscal year only to 

the extent and in the amount provided in advance in appropriations Acts. 

SA 2617. Mr. COONS (for himself, Mr. 

WYDEN, Mr. AKAKA, Mr. FRANKEN, Mr. 

UDALL of New Mexico, and Mr. SANDERS) submitted an amendment intended to be proposed by him to the 

bill S. 3414, to enhance the security and 

resiliency of the cyber and communications infrastructure of the United 

States; which was ordered to lie on the 

table; as follows: 

At the end of title VII, add the following: 

SEC. 709. SUNSET. 

(a) IN GENERAL.—Except as provided in 

subsection (b), this title shall cease to have 

effect five years after the date of enactment 

of this Act. 

(b) EXCEPTION.—With respect to any particular disclosure or sharing that occurred 

before the date on which the provisions referred to in subsection (a) cease to have effect, such provisions shall continue in effect. 

SA 2618. Mr. AKAKA (for himself, Mr. 

BLUMENTHAL, Mr. COONS, Mr. FRANKEN, 

Mr. SANDERS, Mr. UDALL of New Mexico, and Mr. WYDEN) submitted an 

amendment intended to be proposed by 

him to the bill S. 3414, to enhance the 

security and resiliency of the cyber and 

communications infrastructure of the 

United States; which was ordered to lie 

on the table; as follows: 

On page 105, after the end of the matter between lines 11 and 12, insert the following: 

SEC. 205. PRIVACY BREACH REQUIREMENTS. 

(a) IN GENERAL.—Subchapter II of chapter 

35 of title 44, United States Code, as amended 

by section 201 of this Act, is amended by adding at the end the following: 

‘‘§ 3559. Privacy breach requirements 

‘‘(a) POLICIES AND PROCEDURES.—The Secretary shall establish and oversee policies 

and procedures for agencies to follow in the 

event of a breach of information security involving the disclosure of personally identifiable information, including requirements 

for— 

‘‘(1) timely notice to the individuals whose 

personally identifiable information could be 

compromised as a result of such breach; 

‘‘(2) timely reporting to a Federal cybersecurity center (as defined in section 708 of the 

Cybersecurity Act of 2012), as designated by 

the Secretary; and 

‘‘(3) additional actions as necessary and appropriate, including data breach analysis, 

fraud resolution services, identity theft insurance, and credit protection or monitoring 

services. 

‘‘(b) REQUIRED AGENCY ACTION.—The head 

of each agency shall ensure that actions 

taken in response to a breach of information 

security involving the disclosure of personally identifiable information under the authority or control of the agency comply with 

policies and procedures established by the 

Secretary under subsection (a). 

‘‘(c) REPORT.—Not later than March 1 of 

each year, the Secretary shall report to Congress on agency compliance with the policies 

and procedures established under subsection 

(a).’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections for subtitle II 

for chapter 35 of title 44, United States Code, 

as amended by section 201 of this Act, is 

amended by adding at the end the following: 

‘‘3559. Privacy breach requirements.’’. 

SEC. 206. AMENDMENTS TO THE E-GOVERNMENT 

ACT OF 2002. 

Section 208(b)(1)(A) of the E-Government 

Act of 2002 (44 U.S.C. 3501 note; Public Law 

107–347) is amended— 

(1) in clause (i), by striking ‘‘or’’ at the 

end; 

(2) in clause (ii), by striking the period at 

the end and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(iii) using information in an identifiable 

form purchased, or subscribed to for a fee, 

from a commercial data source.’’. 

SEC. 207. AUTHORITY OF THE DIRECTOR OF THE 

OFFICE OF MANAGEMENT AND 

BUDGET WITH RESPECT TO FEDERAL INFORMATION POLICY. 

Section 3504(g) of title 44, United States 

Code, is amended— 

(1) paragraph (1), by striking ‘‘and’’ at the 

end; 

(2) in paragraph (2), by striking the period 

at the end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(3) designate a Federal Chief Privacy Officer within the Office of Management and 

Budget who is a noncareer appointee in a 

Senior Executive Service position and who is 

a trained and experienced privacy professional to carry out the responsibilities of the 

Director with regard to privacy.’’. 

SEC. 208. CIVIL REMEDIES UNDER THE PRIVACY 

ACT. 

Section 552a(g)(4)(A) of title 5, United 

States Code, is amended— 

(1) by striking ‘‘actual damages’’ and inserting ‘‘provable damages, including damages that are not pecuniary damages,’’; and 

(2) by striking ‘‘, but in no case shall a person entitled to recovery receive less than the 

sum of $1,000’’ and inserting ‘‘or the sum of 

$1,000, whichever is greater.’’. 

On page 188, lines 5 through 7, strike ‘‘the 

Chief Privacy and Civil Liberties Officer of 

the Department of Justice and the Chief Privacy Officer of the Department’’ and insert 

‘‘the Federal Chief Privacy Officer’’. 

On page 191, line 19, strike ‘‘actual damages’’ and insert ‘‘provable damages, including damages that are not pecuniary damages,’’ 

SA 2619. Mr. DEMINT submitted an 

amendment intended to be proposed by 

him to the bill S. 3414, to enhance the 

security and resiliency of the cyber and 

communications infrastructure of the 

United States; which was ordered to lie 

on the table; as follows: 

At the appropriate place, insert the following: 

SEC. ll. RIGHT TO WORK. 

(a) AMENDMENTS TO THE NATIONAL LABOR

RELATIONS ACT.— 

(1) RIGHTS OF EMPLOYEES.—Section 7 of the 

National Labor Relations Act (29 U.S.C. 157) 

is amended by striking ‘‘except to’’ and all 

that follows through ‘‘authorized in section 

8(a)(3)’’. 

(2) UNFAIR LABOR PRACTICES.—Section 8 of 

the National Labor Relations Act (29 U.S.C. 

158) is amended— 

(A) in subsection (a)(3), by striking ‘‘: Provided, That’’ and all that follows through 

‘‘retaining membership’’; 

(B) in subsection (b)— 

(i) in paragraph (2), by striking ‘‘or to discriminate’’ and all that follows through ‘‘retaining membership’’; and 

(ii) in paragraph (5), by striking ‘‘covered 

by an agreement authorized under subsection (a)(3) of this section’’; and 

(C) in subsection (f), by striking clause (2) 

and redesignating clauses (3) and (4) as 

clauses (2) and (3), respectively. 

(b) AMENDMENT TO THE RAILWAY LABOR

ACT.—Section 2 of the Railway Labor Act (45 

U.S.C. 152) is amended by striking paragraph 

Eleven. 

SA 2620. Mr. HOEVEN submitted an 

amendment intended to be proposed by 

him to the bill S. 3414, to enhance the 

security and resiliency of the cyber and 

communications infrastructure of the 

United States; which was ordered to lie 

on the table; as follows: 

On page 109, strike line 17 and all that follows through page 110, line 20, and insert the 

following: 

institutions and to provide funds to the military service academies to establish cybersecurity test beds capable of realistic modeling 

of real-time cyber attacks and defenses. 

(B) REQUIREMENT.—The test beds established under subparagraph (A) shall be sufficiently large in order to model the scale and 

complexity of real world networks and environments. 

(3) PURPOSE.—The purpose of the program 

established under paragraph (2) shall be to 

support the rapid development of new cybersecurity defenses, techniques, and processes 

by improving understanding and assessing 

the latest technologies in a real-world environment. 

(e) COORDINATION WITH OTHER RESEARCH

INITIATIVES.—The Director shall to the extent practicable, coordinate research and development activities under this section with 

other ongoing research and development security-related initiatives, including research 

being conducted by— 

(1) the National Institute of Standards and 

Technology; 

(2) the Department; 

(3) other Federal agencies; 

(4) other Federal and private research laboratories, research entities, the military 

service academies, and universities and institutions of higher education, and relevant 

nonprofit organizations; and 

f 

AUTHORITY FOR COMMITTEES TO 

MEET 

COMMITTEE ON AGRICULTURE, NUTRITION, AND

FORESTRY

Mr. LIEBERMAN. Mr. President, I 

ask unanimous consent that the Committee on Agriculture, Nutrition, and 

Forestry be authorized to meet during 

the session of the Senate on July 26, 

2012, at 9:30 a.m. in room SR 328A of the 

Russell Senate Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 


jbell on DSK7SPTVN1PROD with SENATE
July 26, 2012 CONGRESSIONAL RECORD — SENATE S5623 

COMMITTEE ON BANKING, HOUSING, AND URBAN

AFFAIRS

Mr. LIEBERMAN. Mr. President, I 

ask unanimous consent that the Committee on Banking, Housing, and 

Urban Affairs be authorized to meet 

during the session of the Senate on 

July 26, 2012, at 10 a.m. to conduct a 

hearing entitled ‘‘The Financial Stability Oversight Council Annual Report 

to Congress.’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON FOREIGN RELATIONS

Mr. LIEBERMAN. Mr. President, I 

ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the 

Senate on July 26, 2012, at 9:30 a.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON HEALTH, EDUCATION, LABOR, 

AND PENSIONS

Mr. LIEBERMAN. Mr. President, I 

ask unanimous consent that the Committee on Health, Education, Labor, 

and Pensions be authorized to meet 

during the session of the Senate, to 

conduct a hearing entitled ‘‘CCDBG 

Reauthorization: Helping to Meet the 

Child Care Needs of American Families’’ on July 26, 2012, at 10 a.m. in 

room 430 of the Dirksen Senate Office 

Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON INDIAN AFFAIRS

Mr. LIEBERMAN. Mr. President, I 

ask unanimous consent that the Committee on Indian Affairs be authorized 

to meet during the session of the Senate on July 26, 2012, in room SD–628 of 

the Dirksen Senate Office Building, at 

2:15 p.m., to conduct a hearing entitled 

‘‘Regulation of Tribal Gaming: From 

Brick & Mortar to the Internet.’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON THE JUDICIARY

Mr. LIEBERMAN. Mr. President, I 

ask unanimous consent that the Committee on the Judiciary be authorized 

to meet during the session of the Senate, on July 26, 2012 at 10 a.m., in room 

SD–226 of the Dirksen Senate Office 

Building, to conduct an executive business meeting. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON THE JUDICIARY

Mr. LIEBERMAN. Mr. President, I 

ask unanimous consent that the Committee on the Judiciary be authorized 

to meet during the session of the Senate, on July 26, 2012 at 1 p.m., in room 

SD–226 of the Dirksen Senate Office 

Building, to conduct a hearing entitled 

‘‘Nominations.’’ 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

SELECT COMMITTEE ON INTELLIGENCE

Mr. LIEBERMAN. Mr. President, I 

ask unanimous consent that the Select 

Committee on Intelligence be authorized to meet during the session of the 

Senate on July 26, 2012, at 2:30 p.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

PRIVILEGES OF THE FLOOR 

Mr. CARDIN. Mr. President, I ask 

unanimous consent that Hala Furst, a 

Presidential Management Fellow on 

detail to the Homeland Security and 

Governmental Affairs Committee, be 

granted the privileges of the floor for 

the duration of the debate on S. 3414. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

FOR THE RELIEF OF SOPURUCHI 

CHUKWUEKE 

On Wednesday, July 25, 2012, the Senate passed S. 285, as amended, as follows: 

S. 285 

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

Congress assembled, 

SECTION 1. ADJUSTMENT OF STATUS. 

(a) IN GENERAL.—Notwithstanding any 

other provision of law, for the purposes of 

the Immigration and Nationality Act (8 

U.S.C. 1101 et seq.), Sopuruchi Chukwueke 

shall be deemed to have been lawfully admitted to, and remained in, the United States, 

and shall be eligible for adjustment of status 

to that of an alien lawfully admitted for permanent residence under section 245 of the 

Immigration and Nationality Act (8 U.S.C. 

1255) upon filing an application for such adjustment of status. 

(b) APPLICATION AND PAYMENT OF FEES.— 

Subsection (a) shall apply only if the application for adjustment of status is filed with 

appropriate fees not later than 2 years after 

the date of the enactment of this Act. 

(c) REDUCTION OF IMMIGRANT VISA NUMBERS.—Upon the granting of permanent resident status to Sopuruchi Chukwueke, the 

Secretary of State shall instruct the proper 

officer to reduce by 1, during the current or 

next following fiscal year, the total number 

of immigrant visas that are made available 

to natives of the country of the birth of 

Sopuruchi Chukwueke under section 202(a)(2) 

of the Immigration and Nationality Act (8 

U.S.C. 1152(a)(2)). 

(d) DENIAL OF PREFERENTIAL IMMIGRATION

TREATMENT FOR CERTAIN RELATIVES.—The 

natural parents, brothers, and sisters of 

Sopuruchi Victor Chukwueke shall not, by 

virtue of such relationship, be accorded any 

right, privilege, or status under the Immigration and Nationality Act (8 U.S.C. 1101 et 

seq.). 

f 

UNANIMOUS CONSENT AGREEMENT—EXECUTIVE CALENDAR 

Mr. SCHUMER. Mr. President, I ask 

unanimous consent that at a time to be 

determined by the majority leader, in 

consultation with the Republican leader, the Senate proceed to executive session to consider Calendar No. 518; that 

there be 60 minutes for debate equally 

divided in the usual form; that upon 

the use or yielding back of the time, 

the Senate proceed to vote, without intervening action or debate, on the 

nomination; that the nomination be 

subject to a 60-vote threshold, the motion to reconsider be considered made 

and laid upon the table, with no intervening action or debate; that no further motions be in order to the nomination; that any statements related to 

the nomination be printed in the 

RECORD; and that 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. 

f 

EXECUTIVE SESSION 

EXECUTIVE CALENDAR 

Mr. SCHUMER. Mr. President, I ask 

unanimous consent that the Senate 

proceed to executive session to consider the following nominations: Calendar Nos. 839, 840, 842, 843, 844, 845, 846, 

847, 848, 849, 850, 851, 852, 853, 854, 855, 

856, 857, and all the nominations placed 

on the Secretary’s desk in the Army, 

Air Force, and Navy; that the nominations be confirmed en bloc; the motions 

to reconsider be made and laid upon 

the table with no intervening action or 

debate; that no further motions be in 

order to any of the nominations; that 

any related statements be printed in 

the RECORD; that 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 Air National Guard of the 

United States officer for appointment in the 

Reserve of the Air Force to the grade indicated under title 10, U.S.C., sections 12203 

and 12212: 

To be brigadier general 

Colonel Edward E. Metzgar 

The following Air National Guard of the 

United States officer for appointment in the 

Reserve of the Air Force to the grade indicated under title 10, U.S.C., sections 12203 

and 12212: 

To be brigadier general 

Colonel Russ A. Walz 

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 major general 

Brig. Gen. Timothy M. Ray 

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. Paul J. Selva 

The following named officer for appointment as the Vice Chief of the National Guard 

Bureau and for appointment to the grade indicated in the Reserve of the Air Force under 

title 10, U.S.C., sections 10505 and 601: 

To be lieutenant general 

Maj. Gen. Joseph L. Lengyel 

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 major general 

Brig. Gen. Howard D. Stendahl 

IN THE ARMY

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


jbell on DSK7SPTVN1PROD with SENATE