July 20, 2007 CONGRESSIONAL RECORD — SENATE S9659 cosponsor of S. 1338, a bill to amend priations for fiscal year 2008 for mili- tration to negotiate and enter into an title XVIII of the Social Security Act tary activities of the Department of occupancy agreement with the Na- to provide for a two-year moratorium Defense, for military construction, and tional Women’s History Museum, Inc. on certain Medicare physician payment for defense activities of the Depart- to establish a museum in the long-va- reductions for imaging services. ment of Energy, to prescribe military cant Pavilion Annex of the Old Post Of- S. 1494 personnel strengths for such fiscal fice building in Washington, DC. At the request of Mr. DOMENICI, the year, and for other purposes. The National Women’s History Mu- name of the Senator from Connecticut f seum is a nonprofit, nonpartisan, edu- (Mr. LIEBERMAN) was added as a co- cational institution based in the Dis- STATEMENTS ON INTRODUCED trict of Columbia. Its mission is to re- sponsor of S. 1494, a bill to amend the BILLS AND JOINT RESOLUTIONS Public Health Service Act to reauthor- search and present the historic con- ize the special diabetes programs for By Ms. COLLINS (for herself, Mr. tributions that women have made to Type I diabetes and Indians under that AKAKA, Mr. BENNETT, Mrs. all aspects of human endeavor, and to Act. BOXER, Ms. CANTWELL, Mrs. present the contributions that women Clinton, Mr. COLEMAN, Mr. DUR- S. 1576 have made to the Nation in their var- BIN, Mrs. DOLE, Ms. KLOBUCHAR, ious roles in family, the economy, and At the request of Mr. KENNEDY, the Ms. LANDRIEU, Mrs. LINCOLN, name of the Senator from Maryland society. Mrs. MCCASKILL, Ms. MIKULSKI, The Pavilion Annex to the Old Post (Mr. CARDIN) was added as a cosponsor Ms. MURKOWSKI, Mrs. MURRAY, Office was a commercial failure and re- of S. 1576, a bill to amend the Public Ms. SNOWE, Ms. STABENOW, and mains a continuing drain on Federal Health Service Act to improve the Mr. VOINOVICH): maintenance budgets. Putting the health and healthcare of racial and S. 1841. A bill to provide a site for the building to use as a museum would pro- ethnic minority groups. National Women’s History Museum in vide lease payments and establish a S. 1607 Washington, District of Columbia, and new historical and educational destina- At the request of Mr. BAUCUS, the for other purposes; to the Committee tion site on Pennsylvania Avenue that name of the Senator from West Vir- on Homeland Security and Govern- would bring new visitor traffic and new ginia (Mr. ROCKEFELLER) was added as mental Affairs. economic activity to the neighborhood. a cosponsor of S. 1607, a bill to provide Ms. COLLINS. Mr. President, I rise These are sound reasons for sup- for identification of misaligned cur- to introduce the National Women’s porting this bill. The best reason, how- rency, require action to correct the History Museum Act of 2007, a bill that ever, is the obligation to demonstrate misalignment, and for other purposes. would clear the way to locate a long- the gratitude and respect we owe to the S. 1692 overdue historical and educational re- many generations of American women At the request of Mr. CARDIN, the source in our Nation’s capital city. who have helped build, sustain, and ad- names of the Senator from Alaska (Mr. In each of the last two Congresses, vance our society. They deserve a STEVENS) and the Senator from Dela- the Senate has approved earlier building to present their stories, as ware (Mr. BIDEN) were added as cospon- versions of this bill by unanimous con- well as the stories of pioneering women sors of S. 1692, a bill to grant a Federal sent. I appreciate that past support, like abolitionist Harriet Tubman, Su- charter to Korean War Veterans Asso- and I appreciate the cosponsorship preme Court Justice Sandra Day ciation, Incorporated. today from 18 of my colleagues, Sen- O’Connor, astronaut Sally Ride, and S. 1708 ators AKAKA, BENNETT, BOXER, CANT- Secretary of State Madeleine Albright. At the request of Mr. DODD, the name WELL, CLINTON, COLEMAN, DURBIN, That women’s roll of honor would of the Senator from Vermont (Mr. DOLE, KLOBUCHAR, LANDRIEU, LINCOLN, also include a distinguished prede- SANDERS) was added as a cosponsor of MCCASKILL, MIKULSKI, MURKOWSKI, cessor in my Senate seat, the late Sen- S. 1708, a bill to provide for the expan- MURRAY, SNOWE, STABENOW, and ator Margaret Chase Smith, the first sion of Federal efforts concerning the VOINOVICH. woman nominated for President of the prevention, education, treatment, and Women constitute the majority of United States by a major political research activities related to Lyme and our population. They make invaluable party, and the first woman elected to other tick-borne diseases, including contributions to our country, not only both Houses of Congress. Senator the establishment of a Tick-Borne Dis- in traditional venues like the home, Smith began representing Maine in the eases Advisory Committee. schools, churches, and volunteer orga- U.S. House of Representatives in 1940, nizations, but in Government, corpora- S. 1739 won election to the Senate in 1948, and tions, medicine, law, literature, sports, At the request of Mr. ROCKEFELLER, enjoyed bipartisan respect over her entertainment, the arts, and the mili- the name of the Senator from Vermont long career for her independence, in- tary services. The need for a museum (Mr. SANDERS) was added as a cospon- tegrity, wisdom, and decency. She re- recognizing the contributions of Amer- sor of S. 1739, a bill to amend section 35 mains my role model and, through the ican women is of long standing. of the Internal Revenue Code of 1986 to example of her public service, an exem- A presidential commission on com- improve the health coverage tax credit, plar of the virtues that would be hon- memorating women in American his- and for other purposes. ored in the National Women’s History tory concluded that, ‘‘Efforts to imple- Museum. AMENDMENT NO. 2000 ment an appropriate celebration of I thank my colleagues for their past At the request of Mr. NELSON of Flor- women’s history in the next millen- support of this effort, and urge them to ida, the name of the Senator from Illi- nium should include the designation of renew that support for this bill. nois (Mr. DURBIN) was added as a co- a focal point for women’s history in sponsor of amendment No. 2000 in- our Nation’s capital.’’ By Mr. KENNEDY (for himself, tended to be proposed to H.R. 1585, to That report was issued in 1999. Nearly Mr. KERRY, Mr. DODD, Ms. MI- authorize appropriations for fiscal year a decade later, although Congress has KULSKI, Mrs. CLINTON, Mr. 2008 for military activities of the De- commendably made provisions for the OBAMA, Mr. SANDERS, Mr. partment of Defense, for military con- National Museum for African American INOUYE, Mr. LEVIN, Mr. AKAKA, struction, and for defense activities of History and Culture, the National Law Mr. FEINGOLD, Ms. CANTWELL, the Department of Energy, to prescribe Enforcement Museum, and the Na- Mr. MENENDEZ, and Mr. military personnel strengths for such tional Building Museum, there is still WHITEHOUSE): fiscal year, and for other purposes. no national institution in the capital S. 1842. A bill to amend title XVIII of AMENDMENT NO. 2067 region dedicated to women’s role in our the Social Security Act to provide for At the request of Mr. KENNEDY, the country’s history. patient protection by limiting the name of the Senator from Illinois (Mr. The proposed legislation calls for no number of mandatory overtime hours a DURBIN) was added as a cosponsor of new Federal program and no new nurse may be required to work in cer- amendment No. 2067 intended to be pro- claims on the budget. It would simply tain providers of services to which pay- posed to H.R. 1585, to authorize appro- direct the General Services Adminis- ments are made under the Medicare

VerDate Aug 31 2005 00:32 Jul 21, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\A20JY6.016 S20JYPT1 hmoore on PRODPC68 with HMSENATE S9660 CONGRESSIONAL RECORD — SENATE July 20, 2007 Program; to the Committee on Fi- sionals. We need to guarantee the same The jury in this case found that nance. safe working conditions for nurses, who Goodyear Tire and Rubber Company Mr. KENNEDY. Mr. President, it is a care for so many of our most vulner- discriminated against Lilly Ledbetter privilege to introduce the Safe Nursing able citizens. by downgrading her evaluations be- and Patient Care Act today, and I am Some hospitals have already taken cause she was a woman in a tradition- pleased to have my colleague from action. In recent years, after negotia- ally male job. For over a decade, the Massachusetts, Senator KERRY, joining tions with their nurses, Brockton Hos- company used these discriminatory me in this effort. This important bill pital and St. Vincent Hospital in Mas- evaluations to pay her less than male will limit mandatory overtime for sachusetts have agreed to limit manda- workers who held the same position nurses in order to protect patient safe- tory overtime. Mr. President, 11 States and performed the same duties. Super- ty and improve working conditions for have adopted laws or regulations to visors at the plant where she worked nurses. end forced overtime. These limits will were openly biased against women. One The widespread insistence on manda- protect patients and improve working told her that ‘‘the plant did not need tory overtime across the country conditions for nurses, and will help in women,’’ and that they ‘‘caused prob- means that over-worked nurses are the recruitment and retention of lems.’’ Ms. Ledbetter’s pay fell to 15 to often forced to provide care when they nurses in the future. 40 percent behind her male counter- are too tired to perform their jobs. The Improving conditions for nurses is an parts. result is unnecessary risk for their pa- essential part of our ongoing effort to Finally, after years, she realized tients and for the nurses themselves. A reduce medical errors and improve pa- what was happening and filed suit for recent study by the University of tient outcomes. But it is also a matter the back pay she had been unfairly de- Pennsylvania School of Nursing found of basic fairness and respect. Nurses nied. The jury found that the only rea- 1 perform one of the most difficult and that nurses who work shifts of 12 ⁄2 son Ms. Ledbetter was paid less was be- hours or more are three times more important jobs in our society. They cause she was a woman, and she was likely to commit errors than nurses care about their patients and want to awarded full damages to correct this provide the best possible treatment. who work a standard shift of 81⁄2 hours basic injustice. or less. They cannot do their job when they’re The Supreme Court ruled against A study by researchers at Columbia exhausted and overworked. Nurses, and her, holding that she filed her lawsuit University Medical Center and RAND the patients they care for, deserve bet- far too long after Goodyear first began Corporation found that when nurses ter. The Safe Nursing and Patient Care to pay her less than her male col- work too much overtime, their pa- Act respects the dignity of hard- leagues. Never mind that she had no tients are more likely to suffer hos- working nurses, and I urge my col- way of knowing at first that male pital-related infections. leagues to support it. workers were being paid more. Never These studies, and many more like By Mr. KENNEDY (for himself, mind that the company discriminated them, compellingly illustrate the crit- Mr. SPECTER, Mr. HARKIN, Mrs. against her for decades, and that the ical threat to patient safety when CLINTON, Ms. SNOWE, Ms. MI- discrimination continued with each nurses are overworked. KULSKI, Mr. OBAMA, Mr. DURBIN, new paycheck she received. The grueling conditions in which The Supreme Court’s ruling defies Mr. DODD, Mr. LEAHY, Mrs. nurses are obliged to work jeopardizes both Congress’s intent and common MCCASKILL, Mr. WHITEHOUSE, the future of this essential profession. sense. Pay discrimination is not like Mrs. BOXER, Ms. STABENOW, and We face a critical shortage of nurses. other types of discrimination, because Mrs. MURRAY): The American Hospital Association re- S. 1843. A bill to amend title VII of employees generally don’t know what ports that hospitals needed 118,000 the Civil Rights Act of 1964 and the Age their colleagues earn, and such infor- more RNs to fill immediate vacancies Discrimination in Employment Act of mation is difficult to obtain. in December 2005. This is an 8.5 percent 1967 to clarify that an unlawful prac- Pay discrimination is not like being vacancy rate, and it is expected to rise tice occurs each time compensation is told ‘‘You’re fired,’’ or ‘‘You didn’t get to 20 percent in coming years, under- paid pursuant to a discriminatory com- the job,’’ when workers at least know mining their ability to provide emer- pensation decision or other practice, they have been denied a job benefit. gency care. In addition, nearly half a and for other purposes; to the Com- With pay discrimination, the paycheck million trained nurses are not cur- mittee on Health, Education, Labor, typically comes in the mail, and em- rently working in the nursing profes- and Pensions. ployees usually have no idea if they sion, even though they are desperately Mr. KENNEDY. Mr. President, it’s an have been paid fairly. They should be needed. honor to join my colleagues in intro- able to file a complaint within a rea- Job dissatisfaction and harsh over- ducing the Fair Pay Restoration Act to sonable time after receiving a discrimi- time are major factors in the nursing correct the Supreme Court’s recent 5–4 natory paycheck, instead of having to shortage. As a 2004 report by the CDC decision in Ledbetter v. Goodyear Tire file the complaint soon after the com- concluded, poor working conditions are & Rubber Company, which undermined pany first decides to shortchange them contributing to difficulties with reten- basic protection for workers against for discriminatory reasons. tion and recruitment in nursing. pay discrimination under the Civil The decision actually creates a per- Nurses are not treated with the respect Rights Act of 1964. The decision also verse incentive for workers to file law- they deserve in the workplace, and undermines pay discrimination claims suits before they know a pay decision many caring nurses refuse to work in under the Americans with Disabilities is based on discrimination. Workers an environment in which they know Act and the Age Discrimination in Em- who wait to learn the truth before fil- they are putting their patients at risk. ployment Act. Our bill would restore ing a complaint of discrimination Our Safe Nursing and Patient Care the clear intent of Congress when we could be out of time. As a result, the Act deals with these critical problems. passed these important laws that work- decision will create unnecessary litiga- By restricting mandatory overtime for ers must have a reasonable time to file tion as workers rush to beat the clock nurses, the act helps ensure that nurses a pay discrimination claim after they in their claims for equal pay. are able to provide the highest quality become victims of discriminatory com- The Supreme Court’s decision also of care to their patients. By improving pensation. breaks faith with the Civil Rights Act the quality of life of nurses, the act en- No American should be denied equal of 1991, which was enacted with over- courages more dedicated workers to pay for equal work. Employees’ ability whelming bipartisan support, a vote of enter nursing and to make it their life- to provide for their children, save for 93 to 5 in the Senate, and 381 to 38 in time career. retirement, and enjoy the benefit of the House. The 1991 act had corrected This legislation is obviously needed their labor should not be limited by this same problem in the context of se- to protect public safety. Federal safety discrimination. The Court’s decision niority, overturning the Court’s deci- standards already limit work hours for undermined these bedrock principles sion in a separate case. At the time, pilots, flight attendants, truck drivers, by imposing unrealistically short time there was no need to clarify Title VII railroad engineers and other profes- limits on such claims. for pay discrimination claims, since

VerDate Aug 31 2005 01:20 Jul 21, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G20JY6.003 S20JYPT1 hmoore on PRODPC68 with HMSENATE July 20, 2007 CONGRESSIONAL RECORD — SENATE S9661 the courts were interpreting Title VII (b) AUTHORIZATION AND APPROPRIATION OF ‘‘(G) $3,650,000,000 for fiscal year 2014; correctly. Obviously, Congress now FUNDS.—There is authorized to be appropriated, ‘‘(H) $3,850,000,000 for fiscal year 2015; needs to act again to ensure that the and there is appropriated, out of any money in ‘‘(I) $4,175,000,000 for fiscal year 2016; and ‘‘(J) $4,180,000,000 for fiscal year 2017. law adequately protects workers the Treasury not otherwise appropriated, for the Department of Education to carry out the ‘‘(2) AVAILABILITY OF FUNDS.—Funds appro- against pay discrimination. amendment made by subsection (a), $5,000,000 priated under paragraph (1) for a fiscal year The Congressional Budget Office has for fiscal year 2008. shall remain available through the last day of made clear that this bill will not create SEC. 102. PROMISE GRANTS. the fiscal year immediately succeeding the fiscal year for which the funds are appropriated.’’. costs for the Equal Employment Oppor- (a) AMENDMENT.—Subpart 1 of part A of title (b) EFFECTIVE DATE.—The amendment made tunity Commission or the Federal IV (20 U.S.C. 1070a et seq.) is amended by add- by subsection (a) shall take effect on July 1, courts. It simply restores the status ing at the end the following: 2008. quo as Congress intended and as it ex- ‘‘SEC. 401B. PROMISE GRANTS. TITLE II—STUDENT LOAN BENEFITS, isted on May 28, 2007, before the ‘‘(a) GRANTS.— TERMS, AND CONDITIONS Ledbetter decision was made. ‘‘(1) IN GENERAL.—From amounts appro- It is unacceptable that some workers priated under subsection (e) for a fiscal year SEC. 201. DEFERMENTS. (a) FISL.—Section 427(a)(2)(C)(iii) (20 U.S.C. are unable to file a lawsuit against on- and subject to subsection (b), the Secretary shall award grants to students in the same manner as 1077(a)(2)(C)(iii)) is amended by striking ‘‘3 going discrimination. Yet that is what the Secretary awards Federal Pell Grants to stu- years’’ and inserting ‘‘6 years’’. happened to Lilly Ledbetter. I hope dents under section 401, except that— (b) INTEREST SUBSIDIES.— Section that all of us, on both sides of the aisle, ‘‘(A) at the beginning of each award year, the 428(b)(1)(M)(iv) (20 U.S.C. 1078(b)(1)(M)(iv)) is can join in correcting this obvious Secretary shall establish a maximum and min- amended by striking ‘‘3 years’’ and inserting ‘‘6 wrong. imum award level based on amounts made avail- years’’. In recent years, the Supreme Court able under subsection (e); (c) DIRECT LOANS.—Section 455(f)(2)(D) (20 ‘‘(B) the Secretary shall only award grants U.S.C. 1087e(f)(2)(D)) is amended by striking ‘‘3 also has undermined other bipartisan years’’ and inserting ‘‘6 years’’. civil rights laws in ways Congress under this section to students eligible for a Fed- eral Pell Grant for the award year; and (d) PERKINS.—Section 464(c)(2)(A)(iv) (20 never intended. It has limited the Age ‘‘(C) when determining eligibility for the U.S.C. 1087dd(c)(2)(A)(iv)) is amended by strik- Discrimination in Employment Act, awards under this section, the Secretary shall ing ‘‘3 years’’ and inserting ‘‘6 years’’. made it harder to protect children who consider only those students who submitted a (e) EFFECTIVE DATE AND APPLICABILITY.—The are harassed in school, and eliminated Free Application for Federal Student Aid or amendments made by this section shall take ef- peoples’ right to challenge practices other common reporting form under section 483 fect on July 1, 2008, and shall only apply with respect to the loans made to a borrower of a with a discriminatory impact on their as of July 1 of the award year for which the de- termination is made. loan under title IV of the Higher Education Act access to public services. The Court has of 1965 who obtained the borrower’s first loan also made it more difficult for workers ‘‘(2) STUDENTS WITH THE GREATEST NEED.— The Secretary shall ensure grants are awarded under such title prior to October 1, 2012. with disabilities to prove that they’re under this section to students with the greatest SEC. 202. STUDENT LOAN DEFERMENT FOR CER- entitled to the protection of the law. need as determined in accordance with section TAIN MEMBERS OF THE ARMED FORCES. Congress needs to correct these prob- 471. (a) FEDERAL FAMILY EDUCATION LOANS.— lems as well. The Fair Pay Restoration ‘‘(b) COST OF ATTENDANCE LIMITATION.—A Section 428(b)(1)(M)(iii) (20 U.S.C. grant awarded under this section for an award Act makes sure that what happened to 1078(b)(1)(M)(iii)) is amended— year shall be awarded in an amount that does Lilly Ledbetter will not happen to any (1) in the matter preceding subclause (I), by not exceed— others. As Justice Ginsburg wrote in striking ‘‘not in excess of 3 years’’; ‘‘(1) the student’s cost of attendance for the her powerful dissent, the Court’s deci- (2) in subclause (II), by striking ‘‘; or’’ and in- award year; less sion is ‘‘totally at odds with the robust serting a comma; and ‘‘(2) an amount equal to the sum of— (3) by adding at the end the following: protection against employment dis- ‘‘(A) the expected family contribution for the crimination Congress intended.’’ I urge ‘‘and for the 180-day period following the demo- student for the award year; and bilization date for the service described in sub- my colleagues, Republicans and Demo- ‘‘(B) any Federal Pell Grant award received clause (I) or (II); or’’. crats alike, to restore the law as it was by the student for the award year. (b) DIRECT LOANS.—Section 455(f)(2)(C) (20 before the decision, so that victims of ‘‘(c) SUPPLEMENT NOT SUPPLANT.—Grants U.S.C. 1087e(f)(2)(C)) is amended— ongoing pay discrimination have a rea- awarded from funds made available under sub- (1) in the matter preceding clause (i), by strik- section (e) shall be used to supplement, and not sonable time to file their claims. ing ‘‘not in excess of 3 years’’; supplant, other Federal, State, or institutional (2) in clause (ii), by striking ‘‘; or’’ and insert- f grant funds. ing a comma; and COLLEGE COST REDUCTION ACT ‘‘(d) USE OF EXCESS FUNDS.— (3) by adding at the end the following: ‘‘(1) FIFTEEN PERCENT OR LESS.—If, at the end OF 2007 ‘‘and for the 180-day period following the demo- of a fiscal year, the funds available for making bilization date for the service described in clause On Thursday, July 19, 2007, the Sen- grant payments under this section exceed the (i) or (ii); or’’. ate passed H.R. 2669. amount necessary to make the grant payments (c) PERKINS LOANS.—Section 464(c)(2)(A)(iii) The bill, as amended, is as follows: required under this section to eligible students (20 U.S.C. 1087dd(c)(2)(A)(iii)) is amended— by 15 percent or less, then all of the excess funds (1) in the matter preceding subclause (I), by H.R. 2669 shall remain available for making grant pay- striking ‘‘not in excess of 3 years’’; Resolved, That the bill from the House of ments under this section during the next suc- (2) in subclause (II), by striking the semicolon Representatives (H.R. 2669) entitled ‘‘An Act ceeding fiscal year. and inserting a comma; and to provide for reconciliation pursuant to sec- ‘‘(2) MORE THAN FIFTEEN PERCENT.—If, at the (3) by adding at the end the following: tion 601 of the concurrent resolution on the end of a fiscal year, the funds available for ‘‘and for the 180-day period following the demo- budget for fiscal year 2008.’’, do pass with the making grant payments under this section ex- bilization date for the service described in sub- following amendment: ceed the amount necessary to make the grant clause (I) or (II);’’. Strike out all after the enacting clause and payments required under this section to eligible (d) APPLICABILITY.—Section 8007(f) of the insert: students by more than 15 percent, then all of Higher Education Reconciliation Act of 2005 (20 SECTION 1. SHORT TITLE; REFERENCES. such funds shall remain available for making U.S.C. 1078 note) is amended by striking ‘‘loans (a) SHORT TITLE.—This Act may be cited as such grant payments but grant payments may for which’’ and all that follows through the pe- the ‘‘Higher Education Access Act of 2007’’. be made under this paragraph only with respect riod at the end and inserting ‘‘all loans under (b) REFERENCES.—Except as otherwise ex- to awards for that fiscal year. title IV of the Higher Education Act of 1965.’’. pressly provided, whenever in this Act an ‘‘(e) AUTHORIZATION AND APPROPRIATION OF (e) EFFECTIVE DATE.—The amendments made amendment or repeal is expressed in terms of an FUNDS.— by this section shall take effect on July 1, 2008. amendment to, or repeal of, a section or other ‘‘(1) IN GENERAL.—There are authorized to be SEC. 203. INCOME-BASED REPAYMENT PLANS. provision, the reference shall be considered to be appropriated, and there are appropriated, out of (a) FFEL.—Section 428 (as amended by sec- made to a section or other provision of the High- any money in the Treasury not otherwise appro- tions 201(b) and 202(a)) (20 U.S.C. 1078) is fur- er Education Act of 1965 (20 U.S.C. 1001 et seq.). priated, for the Department of Education to ther amended— carry out this section— (1) in subsection (b)— TITLE I—GRANTS TO STUDENTS IN AT- ‘‘(A) $2,620,000,000 for fiscal year 2008; (A) in paragraph (1)— TENDANCE AT INSTITUTIONS OF HIGH- ‘‘(B) $3,040,000,000 for fiscal year 2009; (i) in subparagraph (D), by striking ‘‘income ER EDUCATION ‘‘(C) $3,460,000,000 for fiscal year 2010; contingent’’ and inserting ‘‘income-based’’; and SEC. 101. TUITION SENSITIVITY. ‘‘(D) $3,900,000,000 for fiscal year 2011; (ii) in subparagraph (E)(i), by striking ‘‘in- (a) AMENDMENT.—Section 401(b) (20 U.S.C. ‘‘(E) $4,020,000,000 for fiscal year 2012; come-sensitive’’ and inserting ‘‘income-based’’; 1070a(b)) is amended by striking paragraph (3). ‘‘(F) $10,000,000 for fiscal year 2013; and

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